[Congressional Record Volume 154, Number 73 (Monday, May 5, 2008)]
[House]
[Pages H3031-H3034]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONDEMNING BURMESE REGIME'S UNDEMOCRATIC CONSTITUTION
Ms. WATSON. Mr. Speaker, I move to suspend the rules and agree to the
concurrent resolution (H. Con. Res. 317) condemning the Burmese
regime's undemocratic constitution and scheduled referendum, as
amended.
The Clerk read the title of the concurrent resolution.
The text of the concurrent resolution is as follows:
H. Con. Res. 317
Whereas in 1974, then-dictator General Ne Win and his
regime redrew the 1947 State Constitution and held a
referendum for a military-backed constitution, endorsing a
civilian front for military rule, known as the Burmese
Socialist Program Party;
Whereas in 1988, the people of Burma came to the streets in
a massive popular democracy uprising to call for democracy,
human rights, and an end to military rule and a single party
system;
Whereas the current military regime violently crushed the
mass democracy uprising in 1988, killing more than 3,000
peaceful protesters and taking over power from the previous
regime;
Whereas the current military regime, officially known as
the State Peace and Development Council (SPDC), known
previously as the State Law and Order Restoration Council
(SLORC), held multi-party elections in 1990;
Whereas despite the threat and pressure by the military
regime to vote for the candidates of the military-backed
National Unity Party (NUP), the people of Burma voted 82
percent of Parliament seats for the candidates of the
National League for Democracy (NLD) party, led by detained
leader Daw Aung San Suu Kyi and allied ethnic political
parties;
Whereas the military regime refused to honor the election
results and arrested and imprisoned both democracy activists
and elected members of parliament;
Whereas the SPDC over a period of 14 years held a National
Convention to draft a new constitution in which the process
was tightly controlled, repressive and undemocratic;
Whereas the NLD walked out of the convention in 1995
because participants were not allowed to table alternative
proposals or voice disagreement with the military regime;
Whereas in 2005, the leaders of the Shan Nationalities
League of Democracy (SNLD) were all arrested on false charges
and sentenced to more than 90 years in prison each;
Whereas the people of Burma, led by democracy activists and
Buddhist monks in August and September 2007, took to the
streets in nationwide peaceful protests demanding the
military regime participate in a meaningful tri-partite
dialogue with Daw Aung San Suu Kyi, the elected political
parties from the 1990 elections and representatives of the
ethnic nationalities for national reconciliation and a
transition to democracy;
Whereas according to the United Nations Special Rapporteur
on the Human Rights Situation in Burma, Professor Paulo
Sergio Pinheiro, leading human rights groups and foreign
diplomats based in Burma estimate the death toll from the
August and September 2007 peaceful protests is much higher
than reported by the regime;
Whereas the military regime brutally crushed the peaceful
protests, killing at least 31 people, leaving nearly 100
missing, and arresting 700 additional political prisoners
bringing the number of Burma's political prisoners to
approximately 1,800;
Whereas the United Nations Security Council Presidential
Statement, issued by unanimous consent of all members of the
Council on October 11, 2007, stated that ``the Security
Council strongly deplores the use of violence against
peaceful demonstrators in Myanmar, emphasizes the importance
of the early release of all political prisoners and remaining
detainees''.
Whereas the United Nations Security Council Presidential
Statement also stressed ``the need for the Government of
Myanmar to create the necessary conditions for a genuine
dialogue with Daw Aung San Suu Kyi and all concerned parties
and ethnic groups, in order to achieve an inclusive national
reconciliation with the direct support of the United
Nations'';
Whereas the United Nations and governments around the world
also repeatedly called for the SPDC to hold a political
dialogue with Daw Aung San Suu Kyi, her party, the NLD, and
representatives of ethnic nationalities to achieve national
reconciliation and democratization and reverse the decades-
long misrule by the regime which has resulted in a downward
spiral of Burma's economic, educational, social, public
health and infrastructure sectors;
Whereas the SPDC has ignored the repeated requests of the
United Nations and the international community to release all
political prisoners, end attacks against civilians, and
engage in a meaningful dialogue with Daw Aung San Suu Kyi,
her party, the NLD, and representatives of ethnic
nationalities;
Whereas at the same time, the SPDC assigned a commission to
draft a constitution on October 18, 2007, with 54 hand-picked
participants, in an attempt to ignore past election results,
to lock in a process that excludes representatives of ethnic
nationalities and the NLD from political participation, and
to legitimize continued military rule;
Whereas the latest version of the draft constitution seeks
to codify military rule by reserving 25 percent of
parliamentary seats for military appointees, permits the head
of the military to intervene in national politics, and
ensures that key government ministries are held by military
officers;
Whereas in October 2007, the SPDC appointed Labor Minister
U Aung Kyi as liaison minister to engage with Daw Aung San
Suu Kyi for possible talks with Senior General Than Shwe,
leader of the SPDC, but there has been no true exchange or
tangible result from the few talks that were held;
Whereas recently, Daw Aung San Suu Kyi expressed through
her party leaders that she is unhappy with the SPDC's
unwillingness to establish political dialogue and she even
urged the people of Burma to be prepared for the worst;
Whereas on February 9, 2008, the military regime announced
that it will hold a constitutional referendum in May 2008 and
a general election in 2010;
Whereas on February 12, 2008, the SPDC extended for another
year the house arrest of U Tin Oo, Deputy Chairman of the
NLD; and
Whereas early reports concerning the referendum voting
indicate that Burmese voters were instructed how to vote
under supervision of officials, sometimes under threat of
physical violence and without an opportunity to read the
ballot they were forced to cast: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That Congress--
(1) denounces the one-sided, undemocratic, and illegitimate
actions of the State Peace and Development Council (SPDC)
that seek to legitimize military rule through a flawed
referendum process to adopt a new, undemocratic constitution;
(2) strongly urges that Burma's military regime begin a
meaningful tri-partite dialogue with Daw Aung San Suu Kyi,
the 1990 election-winning parties and representatives of
ethnic nationalities toward national reconciliation,
democracy, freedom of assembly, freedom of movement, freedom
of speech, freedom of the press, and internationally
recognized human rights for all Burmese citizens;
(3) demands the immediate and unconditional release of Daw
Aung San Suu Kyi, detained Buddhist monks, and all other
political prisoners and prisoners of conscience;
(4) denounces the SPDC for its failure to comply with the
United Nations' recommendations and engage in a meaningful
time-bound tri-partite dialogue with Daw Aung San Suu Kyi,
the 1990 election winning parties and representatives of
ethnic nationalities;
(5) calls for the SPDC to comply fully and immediately with
the recommendations made by the United Nations Security
Council Presidential Statement issued on October 11, 2007;
(6) urges the President to call for the United Nations
Security Council to condemn the undemocratic referendum
process and the SPDC's flawed constitution which will be the
outcome of the referendum;
(7) urges the President to call for the United Nations
Security Council to pass a binding resolution, which will
instruct the regime to fully comply with the recommendations
made by United Nations Special Envoy Ibrahim Gambari and the
United Nations Security Council Presidential Statement, and
strengthen the mandate of Secretary-General Ban Ki-moon to
engage in a meaningful and time-bound dialogue with Daw Aung
San Suu Kyi, the 1990 election winning parties and ethnic
nationality representatives towards an inclusive democratic
national reconciliation;
(8) urges the President to push for a comprehensive arms
embargo against the Burmese military regime at the United
Nations Security Council so that weapons produced by foreign
countries, including Ukraine, China, and Russia, that
currently sell weapons to Burma's military regime, can no
longer be used by Burma's military regime against civilians;
and
(9) urges the Association of Southeast Asian Nations to
involve itself more deeply in reaching out to the Burmese
democracy movement and to work with the United Nations
Security Council and the Secretary-General to promote
meaningful political dialogue.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Watson) and the gentleman from Texas (Mr. Poe) each
will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. WATSON. Mr. Speaker, I ask unanimous consent that all Members
[[Page H3032]]
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. WATSON. Mr. Speaker, I rise in strong support of this resolution
and yield myself such time as I may consume.
I would like to thank my colleague Mr. Rush Holt for offering this
important measure and for his tireless leadership in promoting human
rights and democracy in Burma.
For more than a decade, the military regime in Burma has ignored the
democratic aspirations of the Burmese people. As we saw in its bloody
repression of last September's ``Saffron Revolution,'' the regime
continues to trample on human rights. And it is squandering Burma's
vast natural resources through spending on the regime and its weapons,
while leaving the overwhelming majority of Burma's people in poverty.
Now the regime plans a May 10 referendum to institutionalize these
policies through a sham constitution. The referendum attempts to give
democratic legitimacy to a process that was designed by the Burmese
military, implemented by the Burmese military, and benefits only the
Burmese military. As such, it is anything but democratic.
Today, as Burma recovers from a devastating storm that left thousands
dead and missing, with many more homeless, our sympathies are with the
Burmese people. But it is not natural disasters but rather the yoke of
the Burmese military that has left Burma's people impoverished and
calling for greater political participation for more than 20 years.
It is especially appropriate that we stand with the Burmese people
today as they face not only the devastation of the cyclone but also the
continued devastation caused by this regime. Accordingly, I call on my
colleagues to join me in condemning the Burmese junta's sham referendum
and constitution.
By passing H. Con. Res. 317 today, we call on the administration, the
United Nations, and the international community to support a
legitimate, inclusive dialogue between the regime and opposition
forces. Only such an inclusive tripartite negotiation can put Burma
back on the path to peace and prosperity, where it rightfully belongs.
Please join me in support of H. Con. Res. 317 and offering support
for restoration of real democracy in Burma.
Mr. Speaker, I reserve the balance of my time.
Mr. POE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of this resolution, which
points out that the smoke screen of a sham constitution and a bogus
referendum is not a path leading to free Burma.
It seems a particularly callous decision for the Burmese junta to go
forward with its planned referendum on May 10, just 1 week after a
tropical cyclone devastated the people of that nation. The generals, by
ignoring the almost 4,000 dead and 100,000 homeless, are concerned only
about their narrow political agenda.
We in Congress offer our heartfelt condolences to those in Burma who
lost family and friends in this tragic natural disaster. We urge the
junta to immediately lift its irrational restrictions on international
humanitarian organizations operating inside Burma. Only then can they
provide the emergency relief necessary for the suffering people of this
country.
The generals in Rangoon, however, have cynically determined that time
is on their side. They are convinced that, while the world's attention
turns away from the bloody events of last fall to other crises in other
parts of the world, they can carry on business as usual oppressing
their people. That business includes implementing plans for the May 10
referendum on their undemocratic constitution. This constitution
ignores the will of the people of Burma as expressed in the streets of
Rangoon and other cities last fall. This one-sided constitution seeks
to legitimize military dictatorship rule. The current junta seized
power by crushing a mass democracy uprising over two decades ago. We
and the people of Burma will commemorate the 20th anniversary of that
uprising on August 8, the very date the Beijing Olympics begins. On
that date, advocates of a free Burma will hold activities around the
world to remind the Burmese generals and their Beijing allies that the
torch of Miss Liberty shines brighter than any Olympic torch.
The generals have turned to a sham constitutional provision in an
effort to ignore the international call for a genuine dialogue with
Aung San Suu Kyi and members of the opposition and minority groups. The
goal of that dialogue is to achieve ``inclusive national
reconciliation.'' This call for dialogue was contained in the statement
released by the U.N. Security Council President on October 11, 2007,
with the unanimous consent of all members of the council.
Instead of heeding the urgings of the international community,
however, these generals have brazenly continued their roundup of those
involved in the Saffron Revolution last fall, including Buddhist monks,
and they have put them in jail. They have also refused to release Aung
San Suu Kyi and other political prisoners.
The Burmese junta treated the U.N. special envoy to Burma with
disdain during his last visit. They refused him access to the top
leadership and flatly rejected his offer of independent monitoring of
the referendum vote. The U.N. envoy himself has admitted the visit did
not yield any tangible results.
The junta's attitude of brazen indifference following its bloody
suppression of the Saffron Revolution cannot stand unchallenged by the
world community.
{time} 1500
This Congress must raise strong objection to the junta's cynical plan
to try to maintain rule through a sham constitution.
I urge that my colleagues stand for a free Burma by voicing vigorous
support of this resolution.
I reserve the balance of my time.
Ms. WATSON. Mr. Speaker, I yield as much time as he might consume to
the gentleman from New Jersey, Representative Rush Holt.
Mr. HOLT. Mr. Speaker, I thank the gentlelady.
Today all of our thoughts and prayers are with the people of Burma.
The deaths and destruction caused by the cyclone Nargis which hit Burma
over the weekend are still being discovered. Recent reports indicate
that maybe 10,000 were killed and hundreds of thousands left without
shelter and clean water. Yet despite this horrific natural disaster,
the Burmese junta has announced it will go ahead with the scheduled
sham constitutional referendum this Saturday.
Today, we are considering our resolution to condemn the Burmese
regime's undemocratic constitution and the scheduled sham referendum to
legitimize that constitution. As the sponsor of H. Con. Res. 317, I
want to thank Chairman Berman and Ranking Member Ros-Lehtinen, who are
both lead sponsors of the resolution, for their support in helping to
move this.
We sometimes ask, and our constituents sometimes ask, whether
governments are relevant to our daily lives, to their daily lives.
Well, certainly here we see a negative example of what a difference a
government can make. The ruling junta did not warn the people, so I
understand, of the oncoming cyclone. They have done little to provide
humanitarian assistance.
I strongly encourage our State Department to heed the calls of the
international community and provide whatever emergency humanitarian
assistance the Government of Burma will accept. I do recall visiting
Burma several decades ago following an earthquake that devastated
Pagan, and the willful unwillingness of the military dictatorship then
to accept international help.
I have long been interested in Burma and the future of the Burmese
people. I first traveled there some decades ago, and I was struck by
the amazing damage and destruction that a despotic antidemocratic
government can inflict on an economy, on a country and on the people.
Under military rule since 1962, Burma was once called the ``rice bowl
of Asia'' because of its rich resources, its fertile land and its
productive people. But with the ruling junta, its promise and its
potential have steadily declined. This promising country's resources
have been channeled into supporting the military, and it is now one
[[Page H3033]]
of the most impoverished countries in the world.
Prior to this week's scheduled sham constitutional referendum, the
junta has allowed an election once before. In 1990 the National League
For Democracy, the NLD, led by Aung San Suu Kyi, won an election
landslide. Yet despite the NLD winning four out of every five
parliamentary seats, the regime locked up the NLD winners, and to this
day Aung San Suu Kyi remains under arrest. For her bravery, courage and
her fight for true democracy in her home country, she has been awarded
the Nobel Prize for Peace. Yet 18 years later, this Nobel laureate
remains locked away.
Those are among the reasons that this House today is considering, and
should pass, this resolution to condemn the Burmese regime's
undemocratic constitution and the sham referendum to legitimize it.
The Burmese people are determined to enjoy the same rights and
freedoms that so many across the world, take for granted. The heroic
efforts of the opposition leader and Peace Prize winner and others have
given hope to victims of terrible oppression, and they deserve our
support. This resolution sends a strong signal to the people of Burma
that we stand with them in their struggle for democracy. The resolution
denounces the one-sided totalitarian and illegal act by the junta to
try to legitimize military rule through their unilaterally drafted
constitution.
The monks who were detained following the September Saffron
Revolution and all other political prisoners and prisoners of
conscience should be released. The resolution urges President Bush to
call on the world community not to accept or recognize the junta's
constitution.
When several of us Members of Congress held a meeting here of the
Human Rights Caucus on the Saffron Revolution to hear testimony from
the monks who stood up in a nonviolent way to one of the most despotic
regimes in the world, the monks told a gripping and heart-rending tale.
They called on Congress to approve this resolution as soon as possible,
and today the House answers that call.
Earlier this year, for a joint session of Congress, I invited a young
man, Richard Chio, a refugee from Burma and a resident of my
congressional district, to sit as my guest here in the gallery of this
House. He sat and watched the State of the Union address, having
resettled only months before in the United States with the help of
Lutheran Social Services of New Jersey. He told me that this day in
Washington ``was like living in a dream.'' It was the most amazing day
in his life to see that a government like ours could exist, because he
knew nothing like that in Burma.
Richard's story and the countless others remind us of why now, more
than ever, especially following the devastation of this cyclone in
Burma, the people of the United States need to stand with the people of
Burma and oppose the junta.
This referendum later this week would be a sham, a fake, pretend; it
would be bogus, fraudulent, spurious, phony. Use whatever word you
want. But it would not be democratic. It would not be to the benefit of
the people of Burma who want a true democracy.
I thank the chairman and the ranking member for their support and the
many cosponsors of this resolution. I also want to thank Eric
Richardson with Mr. Berman and Dennis Halpin with the ranking member
for their assistance in preparing this resolution. I also want to thank
the U.S. Campaign for Burma and Jen Quigley for the excellent work they
do every day and have done year in and year out to promote democracy in
Burma.
I urge passage of this resolution.
Ms. WATSON. I reserve the balance of my time.
Mr. POE. Mr. Speaker, it should be well noted that China continues to
support this military dictatorship in Burma. And as we approach the
Chinese Olympics this year, we should remember that China does not burn
the torch for liberty and freedom throughout the world, but they
continue to support dictatorships like those in North Korea, Darfur and
Burma.
Mr. SOUDER. Mr. Speaker, as the representative in Congress of Fort
Wayne, Indiana--home to an estimated 3,000 to 3,500 people from Burma,
the greatest population of Burmese in the United States--I rise today
in support of H. Con. Res. 317.
Over the last year, Indiana's Third Congressional District has seen a
marked increase in the number of refugees from Burma, although Burmese
have lived in northeast Indiana for some time. To help them immerse as
quickly as possible into our community, my office has been working with
Federal and State agencies, as well as local resettlement
organizations. Over the years, I've had an opportunity to learn about
this Southeast Asian country and its diverse, proud, and resilient
people.
More than anything, the refugees tell me about the brutal oppression
they endured under the military junta in Burma, known as the State
Peace and Development Council. Many of these refugees still have loved
ones living in destitute, overseas refugee camps, or relatives who have
been unable to escape Burma, and they worry greatly about their plight.
They also tell me about Aung San Suu Kyi, the Nobel laureate and
democratically elected leader of Burma, who has been under house arrest
for years, barred from assuming the Prime Ministerial post to which she
was rightly elected. Her consistent advocacy of nonviolent resistance
against the military junta is inspiring, and it was for her strong
leadership that the Nobel Committee awarded her its Peace Prize. The
United States must unequivocally support Aung San Suu Kyi as the
legitimate leader of Burma.
Despite international recognition of its gross human rights
violations, Burma's regime continues to use violence and murder to
terrorize its own people, most recently during last September's
demonstrations. I have spoken in opposition to Burma's military junta
for a number of years, and today I am once again condemning it for
forcing a referendum that seeks to lend false credibility to an
undemocratic constitution. As a cosponsor of H. Con. Res. 317, I am
deeply concerned by what the regime will do to retain its tight grip on
power.
Today, as the House considers this concurrent resolution, I also join
my colleagues in being mindful of the terrible devastation caused by a
cyclone that ripped through Burma over the weekend. I offer my
condolences to the families of those who lost loved ones in this
staggering disaster, and I earnestly hope that the regime in Burma will
accept international assistance to help Burma's people recover from
this tragedy.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support
of H. Con. Res. 317: Condemning Burma's Undemocratic Constitutional
Referendum, introduced by my colleague Congressman Holt, which I am
proud to cosponsor. I would like to thank the Chairman of the Committee
on Foreign Affairs for bringing this important legislation to the floor
today, as well as his ongoing leadership on this issue.
Last year, we witnessed the biggest protests in Burma since the
popular uprising in 1988. Initially triggered by a sharp and unexpected
increase in fuel, last September's protests, known as the Saffron
Resolution, became a statement against the government attacks on
Buddhist monks attending a peaceful protest in early September.
Following the government's failure to apologize for these appalling
actions, Burma's spiritual and nonviolent monks began protesting in
large numbers. Burma's monks are highly revered, and have historically
played a prominent role in political protests within the country. They
form the social foundation of their nation, and it is extremely
significant that tens of thousands of monks participated in the recent
demonstrations.
The events of last September illustrated the Burmese military
regime's ongoing repression of basic human rights. The military has,
for many years, ignored the democratic aspirations of the Burmese
people, perhaps best seen in the ongoing restrictions on prominent pro-
democracy leader and Nobel Peace Prize winner Aung San Suu Kyi, whose
party won a landslide electoral victory in 1990 but has never been
allowed to govern. In addition, the regime is squandering Burma's
natural resources, with proceeds going to the military and its weapons,
instead of to the people of Burma, the overwhelming majority of whom
live in poverty.
Military-run enterprises continue to control key sectors of the
Burmese economy, which, in general, is plagued by corruption, severe
mismanagement, and a flourishing black market. Burma is the world's
largest exporter of teak, as well as a principal source of jade,
pearls, rubies, and sapphires. These resources, combined with extremely
fertile soil and offshore oil and gas deposits, are spent in ways that
only benefit the military elite why the vast bulk of the Burmese people
are increasingly destitute.
Mr. Speaker, this repressive government is now planning a May 10th
referendum, which will have the effect of institutionalizing these
policies through a sham constitution. The military regime in Burma is
attempting to give
[[Page H3034]]
democratic legitimacy to a process, controlled from start to finish by
the Burmese military, which is anything but democratic. A true
democracy benefits the people; this referendum will only benefit the
Burmese military.
The legislation that we are considering today, H. Con. Res. 317,
calls on the Administration, the United Nations, and the international
community to support legitimate, inclusive dialogue between the regime
and opposition forces. It denounces the regime's one-sided,
undemocratic attempt to legalize military rule with the constitution
and its related referendum, and insists that Burma's military regime
begin a meaningful tri-partite dialogue with Aung San Suu Kyi, winners
of the 1990 election, and ethnic nationality representatives toward
full restoration of democracy and internationally recognized human
rights for all Burmese citizens. Further, it urges the President to
call for the U.N. Security Council not to recognize the constitution
and to pass a resolution instructing the Burmese regime to enter into
meaningful dialogue, and to push for a comprehensive U.N. Security
Council arms embargo against the Burmese military regime.
Mr. Speaker, this legislation is an unambiguous call for truly
inclusive, tripartite dialogue. Burma possesses one of the most
ancient, rich, and ethnically and religiously diverse cultures on
earth. Like the indomitable Aung San Suu Kyi, the opposition leader
democratically elected to lead the nation in 1990 but who instead has
been imprisoned for 12 of the last 18 years, the people of Burma are
resilient and draw strength from their convictions and the diversity of
their nation. Only through such international negotiation can we hope
to put Burma back on the path to peace and prosperity. I strongly urge
my colleagues to join me in supporting this important and timely
legislation.
Mr. POE. I yield back the balance of my time.
Ms. WATSON. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Watson) that the House suspend the
rules and agree to the resolution, H. Con. Res. 317, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. LEWIS of California. Mr. Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________