[Congressional Record Volume 157, Number 109 (Wednesday, July 20, 2011)]
[House]
[Pages H5266-H5269]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
APPROVING RENEWAL OF IMPORT RESTRICTIONS AGAINST BURMA
Mr. BOUSTANY. Mr. Speaker, I move to suspend the rules and pass the
joint resolution (H.J. Res. 66) approving the renewal of import
restrictions contained in the Burmese Freedom and Democracy Act of
2003, as amended.
The Clerk read the title of the joint resolution.
The text of the joint resolution is as follows:
H.J. Res. 66
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RENEWAL OF IMPORT RESTRICTIONS UNDER BURMESE
FREEDOM AND DEMOCRACY ACT OF 2003.
(a) In General.--Congress approves the renewal of the
import restrictions contained in section 3(a)(1) and section
3A (b)(1) and (c)(1) of the Burmese Freedom and Democracy Act
of 2003.
(b) Rule of Construction.--This joint resolution shall be
deemed to be a ``renewal resolution'' for purposes of section
9 of the Burmese Freedom and Democracy Act of 2003.
SEC. 2. PAYGO COMPLIANCE.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
SEC. 3. EFFECTIVE DATE.
This joint resolution shall take effect on the date of the
enactment of this joint resolution or July 26, 2011,
whichever occurs earlier.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Louisiana (Mr. Boustany) and the gentleman from Washington (Mr.
McDermott) each will control 20 minutes.
The Chair recognizes the gentleman from Louisiana.
General Leave
Mr. BOUSTANY. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which 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
gentleman from Louisiana?
There was no objection.
Mr. BOUSTANY. I yield myself such time as I may consume.
Mr. Speaker, as an original cosponsor of this joint resolution, I
rise in strong support of H.J. Res. 66, which would continue the
imposition of sanctions against the repressive regime in Burma for
another year.
The purpose of imposing sanctions against Burma is to promote
democracy and respect for human rights and improve living conditions
for the Burmese people. Unfortunately, the ruling junta is still
dedicated to working against, not toward, those objectives. For that
reason I am in favor of continuing our practice of extending import
sanctions against Burma for another year.
Burma's regime is one of the world's most repressive and continues to
oppress democratic movements and humanitarianism. On November 7, 2010,
the military junta, known, ironically, as the State Peace and
Development Council, or SPDC, held an election for the first time in 20
years. However, while elections are usually considered a step towards
democracy, in this case it was actually a step backwards. These
elections were not transparent, inclusive, or credible.
Notably, Burma's leading pro-democracy party, the National League for
Democracy, as well as others, was not allowed to participate in the
elections. And by ensuring that most candidates were former high-
ranking government and military officials, the election ``victory'' by
the government-backed Union Solidarity and Development Party simply
means that the military junta remained in control with the veneer of an
election to simply justify itself.
Shortly following the elections, Aung San Suu Kyi--freedom fighter,
Nobel Peace Prize recipient and Congressional Gold Medal winner, and
general secretary of the NLD--was finally released after having been
falsely detained for 15 of the past 21 years.
However, in a move highlighting how little things have changed in
Burma, the junta recently warned Suu Kyi that ``there may be chaos and
riots'' if she continues on her cross-country tour to meet with
supporters. The government also chided Suu Kyi and the NLD for their
political work and threatened that ``they should stop doing so to avert
unnecessary consequences.'' On Suu Kyi's last tour in 2003, she was
attacked by a pro-government mob that killed many of her followers and
landed her under house arrest for the next 7 years.
In short, the recent election does not represent any kind of shift in
domestic Burmese politics. In fact, the political situation in Burma
and for the Burmese people has not changed at all.
The human rights situation is no better. The State Department human
rights report on Burma, echoed by the March United Nations Human Rights
Council Resolution, cites a laundry list of grave human rights
violations that are simply appalling. According to the State
Department, this repugnant regime, in which military officers wield the
ultimate authority at every level of government, continues to use
forced labor, denies participation in any democratic processes, and
commits extrajudicial killings. The regime detains civic activists
indefinitely and without charge, and it engages in harassment, abuse,
and detention of human rights and pro-democracy activists. The regime
is rumored to hold an estimated 2,100 political prisoners.
[[Page H5267]]
Ethnic violence inflicted by the army is also rife. There have been
recent reports of renewed fighting in the northern Burmese province of
Kachin between the government and ethnic minority villagers, resulting
in reportedly up to 20,000 refugees. Not only have these people been
driven from their homes and many killed, there have also been
widespread reports of the rape of women and children.
What have we been doing on our end? I'm pleased that this Congress
amplified our sanctions 3 years ago to eliminate trade in jewelry
containing Burmese rubies and jadeite, even if the jewelry was made in,
and exported from, a third country. The expansion was designed to bring
about multilateral pressure on the regime through the United Nations
and the World Trade Organization, similar to successful legislation on
conflict diamonds. I urge similar campaigns against Burmese rubies and
jadeite at the U.N. and WTO.
I must be clear that I generally view import sanctions with great
skepticism. However, if there is a right way to impose sanctions, I
think that these Burma sanctions are crafted to maximize the ability to
effect change. For example, they require the administration to issue
annual reports on Burma that include findings on whether U.S. national
security, economic, and foreign policy interests are being served so
that we can make an informed decision.
{time} 1530
Perhaps the most critical aspect of the Burma sanctions program is
that they require us to redirect our attention every summer to the
question of whether these sanctions should be continued. Because they
are not self-executing, we here in Congress must consider this issue
and vote to continue them on an annual basis.
I continue to believe that our greatest hope for effecting real
change in Burma is multilateralism. I am therefore disappointed that
there has not been sufficient multilateral pressure against this
regime.
I strongly urge the administration to put more pressure on our
trading partners to place the leaders of this regime under targeted
economic pressure that denies them access to personal wealth and
sources of revenue.
I call on the United Nations, Burma's Southeast Asian neighbors in
ASEAN, and the People's Republic of China to step up engagement
considerably.
I support this resolution because it increases our chances to bring
about this multilateral effort, to promote democracy and to end the
longtime suffering of the Burmese people.
Mr. Speaker, I reserve the balance of my time.
Mr. McDERMOTT. I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of House Joint Resolution 66, a
measure to renew the ban on imports for Burma.
Over the past 23 years, Burma's authoritarian regime has detained or
killed political opponents, waged war against ethnic minorities and, in
the process, accumulated one of the worst human rights records in
modern history. Finally, in 2010, with continued pressure from Congress
and the inspiring leadership of Nobel Peace Laureate Aung San Suu Kyi,
Burma's military junta promised to lay down its arms and clear the way
for democracy. Unfortunately, Mr. Speaker, it was a sham.
Parliamentary elections held last November were rife with fraud.
Opposition parties were intimidated by the police and banned from
offering up candidates. Votes were rigged to provide electoral
legitimacy to the existing military rule. Once again, the people of
Burma were denied a free and fair opportunity to choose their own
leaders. Human rights abuse is widespread and continues to go
unprosecuted. Under the guise of a new civilian parliament, it is
``business as usual'' for the old regime.
In light of the unchanged political reality in Burma, the renewal of
America's ban on Burmese imports could not be more urgent. We must send
a message to Burma's new rulers, who turned out to be the same old
rulers, that empty promises of democratic reform are unacceptable.
Now, there are some who question whether we should maintain our
import ban following Burma's election and the formal dissolution of the
military junta. Even our European allies have begun to rethink their
strategy as EU travel and financial restrictions have been lifted on
certain officials in the new government.
The problem with that approach, Mr. Speaker, is that meaningful
reform has yet to take place in Burma. By opening our borders to
Burmese imports, we would only strengthen and enrich the same old
regime that maintains a stranglehold on civic and family life in Burma.
According to the U.N., the new government has failed to make any
significant progress on land confiscation, forced labor, the internal
displacement of people, extrajudicial killings, and sexual violence
against women. The Obama administration affirms this view.
Burma's sanctions are unique because they have the widespread support
of the Burmese people. Aung San Suu Kyi, herself, recently said,
``Sanctions must remain in place'' and ``should only be lifted when
something has changed here.'' Aung San Suu Kyi's political party, the
National League of Democracy, also confirmed its view that American
sanctions ``do not hurt the public at large'' as the true target is
Burma's undemocratic leadership.
In response, true to form, the so-called ``new government'' warned
publicly that Suu Kyi and members of her party could meet ``tragic
ends'' if they continued to call for international sanctions.
In passing H.J. Res. 66 and reauthorizing the Block Burmese JADE Act
of 2008, Congress will send a clear message of support to the people of
Burma in their aspirations for true democracy and lasting peace.
Until there is meaningful reform in Burma, Mr. Speaker, we must keep
steadfast in our support of the Burmese people and maintain the
pressure on Burma's undemocratic rulers. I urge my colleagues to pass
House Joint Resolution 66.
I reserve the balance of my time.
Mr. BOUSTANY. Mr. Speaker, I am now pleased to yield 2\1/2\ minutes
to the gentleman from Pennsylvania (Mr. Pitts).
Mr. PITTS. Mr. Speaker, I rise in strong support of this important
resolution to renew sanctions against the brutal military dictators in
Burma.
The plight facing the people of Burma remains terrible. The ruling
party in Burma continues to use the rule of law and government
apparatus to deprive minority groups of their human rights and their
lives, and it does so with impunity. The regime's human rights
violations continue to be horrific. The regime in Burma is responsible
for committing virtually every human rights violation imaginable. The
atrocities perpetrated by the regime range from the use of rape as a
weapon of terror, the recruitment of child soldiers, ethnic cleansing,
forced labor, political detention, and the list goes on.
I have received firsthand reports in my office which detail the
dictatorship's use of ethnic minorities as human landmine sweepers.
Over 1 million refugees and 500,000 internally displaced peoples have
been forced to flee their homes, and 750,000 of the country's
inhabitants remain stateless. Indicative of the times, the regime has
now turned to the censorship of the Internet, as well as that of
individual e-mail accounts and social networking sites, to block the
dissemination of evidence related to the atrocities.
The Burmese Government must realize that such attempts to hide its
record of abuse, as well as its dishonest elections and mock
constitutional reforms, cannot cover up the junta's war against its own
people. Such a record only demonstrates the regime's illegitimacy.
I call on the administration to renew its efforts in fulfilling the
Burmese Freedom and Democracy Act of 2003, particularly the provision
which requires our government to craft a multilateral sanctions regime
against Burma.
By renewing these sanctions, Congress is making our Nation's concern
for human rights paramount in our foreign relations interests. The
administration should do the same. The people of Burma must know that
we stand with them.
Mr. McDERMOTT. Mr. Speaker, I yield such time as he may consume to
the gentleman from New York (Mr. Crowley).
[[Page H5268]]
Mr. CROWLEY. I thank my friend from Washington for yielding me such
time.
Mr. Speaker, I rise in strong support of House Joint Resolution 66.
This measure is a sign of how we can all work together on foreign
policy when we put our minds to it. I want to acknowledge the
bipartisan support, both here in the House as well as in the Senate,
for human rights in Burma.
The Burmese Freedom and Democracy Act and the Burmese JADE Act
together have prevented hundreds of millions of dollars from getting
into the hands of the Burmese military apparatus. By passing these
bills into law and renewing them this year, we have ensured that the 65
million people of Burma see us, the United States, as an ally in their
struggle for human rights, and we have helped send a signal to others
around the world that the United States will not turn a blind eye to
crimes against humanity.
There is no question that Burma is ruled by one of the world's most
brutal governments. Over the past year, we have seen ongoing abuses
committed by the Burmese military, including rapes, torture and
killings. Just last week, Human Rights Watch released a report,
documenting how villagers are subjected to summary executions, torture
and being used as human shields during conflict. The women in Burma
live in constant fear of rapes by soldiers of their own military. For
the leaders of the Burmese military, rape is a tactic of war--one used
to torment and to intimidate entire populations, not just their
immediate victims.
In fact, just 2 weeks ago, on July 5, the Burmese soldiers carried
out four more rapes against ethnic civilians. The innocent victims were
of all different ages. One of those victims was as young as 12 years of
age. That's right. A 12-year-old girl was raped by a member of the
Burmese military.
{time} 1540
As a result of thousands of brutal rapes and other abuses, Burmese
villagers continue to flee their homes into the jungle where they live
as refugees or internally displaced people.
As bad as these abuses are, this bill is not only about stopping
human rights abuses. We must remember that the inspiration for this
measure came from the remarkable woman, Nobel Peace Prize recipient
Aung San Suu Kyi. She led her political party to victory in Burma's
last free and fair election in 1990. Many people call her the Nelson
Mandela of Burma, and the U.S. House of Representatives voted to award
her the Congressional Gold Medal.
Up until last November, she was also the world's only imprisoned
Nobel Peace Prize recipient, and today, even though she is no longer
under formal house arrest, the military has threatened her over and
over again in an attempt to intimidate her into silence. She has called
on the people throughout the world to take action saying, ``Please use
your liberty to promote ours.''
She and the democracy movement in Burma have also called for us to
maintain sanctions on Burma. This is similar to how the African
National Congress led by Nelson Mandela called for sanctions on South
Africa in the 1980s.
Passing this bill isn't all we must do. I want to urge the
administration to fully implement the Burmese Freedom and Democracy Act
and Block Burmese JADE Act. The JADE Act gives the administration tools
to implement tough bilateral financial sanctions on members of the
Burmese regime and its cronies, and we should proceed as soon as
possible.
It's important to remember that the United States isn't the only
country that has imposed sanctions on Burma. This is not a bilateral
effort. It is a multilateral effort. While every country has different
types of sanctions, those that have taken action include Australia,
Canada, New Zealand, the European Union, and more. We should be doing
all we can to expand these sanctions into an even greater multilateral
effort. That's why in the Burmese JADE Act, we ask the President to
appoint an envoy to work internationally on increasing pressure on the
Burmese regime.
Now that this envoy has been nominated, I urge our colleagues in the
Senate to confirm him without haste, and I hope he gets to work right
away on strengthening and implementing multilateral pressure.
I also believe the administration should work proactively to
establish an international investigation into crimes against humanity
committed by the Burmese military. The Burmese leadership is clearly
carrying out crimes against humanity. The sooner these abuses are
investigated, the sooner they will end.
Mr. Speaker, this bill is the right thing to do. I stand in strong
support of this bill, and I urge its immediate adoption.
Mr. BOUSTANY. I reserve the balance of my time.
Mr. McDERMOTT. I yield 3 minutes to the gentleman from New Jersey
(Mr. Holt).
Mr. HOLT. Mr. Speaker, I thank my friend from Washington, and I rise
in support of this resolution.
When I first visited Burma decades ago, I learned what a difference a
misguided regime can make. Burma had been a vibrant country known as
the Rice Bowl of Asia. Burma had a rich history, fertile land, abundant
resources, and a productive population.
In the years following the coup in the early 1960s, the authoritarian
regime impoverished the nation and brutalized its people, a pattern
that persists today. For more than 20 years, the United States
Government has sought to use its influence to try to create conditions
for a restoration of democracy and the rule of law in Burma. One tool
has been the use of sanctions.
The Burmese Freedom and Democracy Act was signed into law 8 years ago
this month, and it requires the President to impose a ban on the import
of products from Burma. It blocks U.S. support for loans from
international financial institutions and freezes the assets of and bans
visas for key members of the military junta that has imposed its will
on the Burmese people for decades. I believe these sanctions should be
renewed because there is evidence they are working.
Last November, Burmese elections were clearly illegitimate and not a
free expression of the will of the Burmese people. But the continuing
international pressure on and scrutiny of the junta may be having some
tangible effects.
As the international crisis group noted earlier this year, two senior
junta leaders have resigned since the elections, and there is some
evidence that pressure has eased on some of the minority ethnic groups
in the country.
Burma's greatest human rights figure, Aung San Suu Kyi, told the
Australian Broadcasting Network yesterday that continued use of
targeted sanctions is important. ``I think it's much better to have
very, very clear targets,'' she said, and continued, ``I do not think
it's really very reasonable just to say, `We want an improvement in
human rights, in your human rights record.' It's too vague. The release
of political prisoners, the inclusion of all in the political process,
the rule of law and so on--pick out the important points and say,
`Well, if you want sanctions removed, you've got to do these.'''
Mr. Speaker, we need to continue standing with Aung San Suu Kyi and
all of the freedom-seeking Burmese. This resolution gives us a chance
to do that, which is why I urge my colleagues to join us in supporting
this resolution.
Mr. BOUSTANY. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. McDERMOTT. I would only say that this bill expires on the 26th of
July, so we need to act on it quickly.
I yield back the balance of my time.
Mr. BOUSTANY. I am in full agreement. We need to move and pass this,
and I think we'll get it passed.
I must say to the gentleman from Washington, at least we have a trade
bill on the floor. I hope there are many more to come. We're waiting
for the President to send the three pending agreements to us so that we
can move forward on these and embark on a very aggressive trade agenda.
Mr. KING of New York. Mr. Speaker, I rise in support of H.J. Res. 66,
a resolution approving the renewal of import restrictions contained in
the Burmese Freedom and Democracy Act (P.L. 108-61). I am proud to have
once again introduced this legislation this year with the gentleman
from New York, Mr. Crowley.
In 2003, Congress passed the Burmese Freedom and Democracy Act,
legislation that
[[Page H5269]]
I co-authored with my friend, the late Tom Lantos. President Bush
signed this bill into law and Congress has reauthorized these import
restrictions every year since. The legislation bans imports from Burma
and the issuance of visas to those officials affiliated with the State
Peace and Development Council (SPDC), the military junta that rules
Burma and brutally represses its people. This law also bans U.S.
financial transactions that involve individuals or entities connected
with the SPDC.
The sanctions are critically important to keeping the pressure on the
Burmese junta. The government continues to have one of the worst human
rights record in the world and routinely violates the rights of Burmese
citizens, including the systematic use of rape as a weapon of war,
extrajudicial killings, arbitrary arrests and detention, torture and
child labor. Moreover, the Burmese regime has more child soldiers than
any other country and has destroyed more than 3,700 ethnic villages,
displaced approximately 2,000,000 people, more than 600,000 of which
are internally displaced, and has taken nearly 2,000 political
prisoners.
We must continue to stand with the Burmese people and expose the
despicable and reprehensible actions of the SPDC. Sanctions are
critical to putting pressure on the junta. In 2008, the Tom Lantos
Block Burmese JADE Act (P.L. 110-286) was signed into law, which bans
the importation of Burmese gems into the United States and freezes the
assets of Burmese political and military leaders. While these steps are
significant, others must follow ours and the EU's lead. The Association
of Southeast Asian Nations (ASEAN) and the United Nations Security
Council (UNSC) must impose multilateral sanctions against Burma's
military regime including a complete arms embargo.
While I applaud the confirmation of Derek Mitchell as Special
Coordinator for Burma, there are additional provisions of the Tom
Lantos Block Burmese JADE Act that have yet to be implemented. I urge
the Obama Administration to call for a UN Commission of Inquiry on
Burma to investigate war crimes and crimes against humanity. This
Commission is necessary to prevent further killings and to encourage a
meaningful political dialogue.
I urge adoption of the resolution.
Mr. BOUSTANY. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Louisiana (Mr. Boustany) that the House suspend the
rules and pass the joint resolution, H.J. Res. 66, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the joint resolution, as amended, was passed.
A motion to reconsider was laid on the table.
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