[Congressional Record (Bound Edition), Volume 152 (2006), Part 10]
[House]
[Pages 13890-13892]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1530
 APPROVING RENEWAL OF IMPORT RESTRICTIONS CONTAINED IN BURMESE FREEDOM 
                       AND DEMOCRACY ACT OF 2003

  Mr. SHAW. Mr. Speaker, I move to suspend the rules and pass the joint 
resolution (H.J. Res. 86) approving the renewal of import restrictions 
contained in the Burmese Freedom and Democracy Act of 2003, and for 
other purposes.
  The Clerk read as follows:

                              H.J. Res. 86

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. AMENDMENT TO BURMESE FREEDOM AND DEMOCRACY ACT OF 
                   2003.

       Section 9(b)(3) of the Burmese Freedom and Democracy Act of 
     2003 (Public Law 108-61; 50 U.S.C. 1701 note) is amended by 
     striking ``three years'' and inserting ``six years''.

     SEC. 2. RENEWAL OF IMPORT RESTRICTIONS UNDER BURMESE FREEDOM 
                   AND DEMOCRACY ACT OF 2003.

       (a) In General.--Congress approves the renewal of import 
     restrictions contained in section 3(a)(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. 3. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect on the date of the enactment of this Act or July 26, 
     2006, whichever occurs first.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Shaw) and the gentleman from Maryland (Mr. Cardin) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. SHAW. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.J. Res. 86. According to 
the State Department, the Burmese military regime has resisted all 
international pressure to enact meaningful political reforms and create 
true democracy. In response, for many years now, the United States has 
imposed sanctions, including banning all imports from Burma. 
Additionally, we have prohibited exportation of financial services from 
the United States to Burma and have targeted the regime itself by 
freezing certain assets.
  Today the passage of this resolution is necessary to extend for 1 
year the import restrictions enacted within the Burmese Freedom and 
Democracy Act of 2003. On February 7, 2006, Assistant Secretary of 
State for East Asian and Pacific Affairs, Christopher Hill, testified 
that these sanctions are ``an essential component of our strategy.'' He 
went on to say that ``they serve as a constant reminder to the regime, 
and everyone else concerned with Burma, that its behavior is 
unacceptable, and that regime leaders will remain international pariahs 
as long as they continue this behavior.''
  As chairman of the Ways and Means Subcommittee on Trade, I do not 
support trade sanctions lightly. However, Burma has not taken the 
necessary steps to warrant lifting these sanctions. The Burmese regime 
claims it is implementing its so-called road map to democracy, but in 
truth it is taking no such steps.
  The State Department has found that the delegates charged with 
creating the constitution that this democracy would be built upon are 
all hand-picked supporters of the current regime. Additionally, pro-
democracy advocates remain imprisoned, and military conflicts continue 
with internal groups.
  Perhaps most disturbing are reports that Burma's human rights record 
continues to worsen. In 2005, security forces in the country continued 
to rape and murder Burmese citizens, force them into slave labor, and 
compel people into serving in militia units to defend the regime that 
they abhor.
  Since enactment of the Burmese Freedom and Democracy Act, the

[[Page 13891]]

Treasury Department has blocked over $16.8 million in transactions and 
frozen hundreds of thousands of dollars of assets belonging to the 
Burmese regime. The vast majority of democratic opposition within Burma 
supports the continuation of these sanctions and even welcomes 
additional actions.
  It is now incumbent upon all of us to ensure that the ``essential 
component'' Assistant Secretary Hill referenced remains in place until 
this murderous regime yields to the desire of its citizens to be free. 
To back down now would send the wrong message to the military regime in 
Burma as well as the international community. Most importantly, it 
would send the wrong message to those pro-democracy advocates within 
Burma fighting for the freedom of their fellow citizens.
  Mr. Speaker, I ask my colleagues to join me today in supporting this 
important measure and vote ``aye'' on H.J. Res. 86.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CARDIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.J. Res. 86, a resolution 
extending trade sanctions against Burma.
  It is imperative that the United States continue sanctions against 
Burma so as to maintain pressure on the government of Burma to end its 
brutal repression against the Burmese people.
  The government of Burma's litany of abuses is appalling. According to 
the U.S. State Department and human rights organizations, the 
government of Burma has continued to arrest and imprison supporters of 
democracy for alleged political offenses. Over 1,100 persons remain in 
jail today for their political beliefs.
  Earlier this year, the government of Burma extended the detention of 
Aung San Suu Kyi, the leader of the National League of Democracy, a 
pro-democracy party, and her deputy. Aung San Suu Kyi has spent 10 of 
the last 17 years in confinement.
  Burmese security forces regularly monitor the movement and 
communication of residents, search homes without warrants, and relocate 
people without compensation or legal recourse. The government of Burma 
has failed to crack down on trafficking in persons; and, in fact, the 
government of Burma has sanctioned the use of forced labor. In fact, 
the government of Burma has supported the use of forced labor for large 
infrastructure projects, forced children to join the Burmese Army, 
imprisoned individuals who have communicated with the International 
Labor Organization on the subject of forced labor.
  Further, the Burmese government has destroyed nearly 3,000 villages 
in its campaign to forcibly relocate minority ethnic groups.
  Mr. Speaker, the world simply cannot stand by as Burma continues its 
brutal policies. I am pleased that the European Union recently acted to 
renew its sanctions against Burma and that many nations in the world 
have spoken out against the repression in Burma. It is particularly 
meaningful that in December 2005 the Association of Southeast Asian 
Nations, ASEAN, which counts Burma as one of its members, issued a 
statement calling for the release of political prisoners and democracy 
reforms in Burma.
  Mr. Speaker, the Western world and those who are concerned about 
human rights are united: Burma cannot be allowed to continue its 
oppressive actions. The use of sanctions is appropriate, and I urge my 
colleagues to support this resolution.
  Mr. LANTOS. Mr. Speaker, I first want to thank my good friend and 
colleague, Congressman Ben Cardin, for his leadership on trade and 
human rights issues.
  I also want to express my appreciation to Ways and Means Committee 
Chairman Bill Thomas for his strong support, over many years, for 
import sanctions against Burma, and for moving this legislation to the 
floor expeditiously. As always, I also remain deeply appreciative of 
the work of the Ranking Democrat on the Ways and Means Committee, my 
friend and colleague Charlie Rangel.
  Mr. Speaker, former South African Archbishop Desmond Tutu--the winner 
of the Nobel Peace Prize for his tireless and ultimately successful 
fight for freedom in South Africa--spoke eloquently about the key role 
of the international community in helping to free oppressed nations.
  He said, ``If you are neutral in situations of injustice, you have 
chosen the side of the oppressor. If an elephant has its foot on the 
tail of a mouse and you say that you are neutral, the mouse will not 
appreciate your neutrality.
  Mr. Speaker, with passage of this legislation, Congress will once 
again signal firmly that the United States is not neutral when it comes 
to Burma. We are firmly on the side of imprisoned Nobel Laureate Aung 
San Suu Kyi and all those who are oppressed by Burma's ruling thugs.
  Some argue the U.S. sanctions do not help those who suffer the most 
under Burma's oppressive political and economic system. Again, I would 
respectfully refer them to Archbishop Tutu, whose homeland of South 
Africa is free today because the international community refused to 
remain silent about the brutal system of Apartheid.
  By voting to maintain our Nation's tough approach towards Burma, we 
once again lead the world by example. Step by step, we will move 
assertively towards a global sanctions regime against Burma involving 
all of the world's leading economic players.
  In fact, Mr. Speaker, there are signs that American leadership on 
Burma is paying off.
  Just a few short months ago, the United Nations Security Council held 
an unprecedented debate on Burma's horrendous human rights situation 
and its destabilizing role in Southeast Asia. Further Security Council 
action against Burma is on the near horizon, particularly since the 
Burmese leadership thumbed its nose at Kofi Annan's hand-picked special 
envoy to Burma, and refused to release Aung San Suu Kyi.
  The political leadership of the Association of Southeast Asia 
Nations--ASEAN--has also long maintained that Burma's political 
situation was an ``internal affair.'' But Singaporean Foreign Minister 
George Yeo recently said that Southeast Asia may need to ``distance 
itself'' from Burma if it does not undergo political reform, and the 
ASEAN leaders refused to let Burma become chairman of the important 
regional organization in 2006.
  The European Union has also firmly resisted the entreaties of the 
European commercial class--always eager for new trade opportunities 
with the world's rogue regimes--to reduce sanctions against Burma.
  Mr. Speaker, while these are positive developments, we remain a long 
way from a comprehensive, global sanctions regime. But Mr. Speaker, I 
am prepared to wait as long as it takes to convince the international 
community to act properly.
  The only hope for promoting far-reaching political change is by 
making Burma's thug-ocracy pay an economic price for running their 
nation into the ground. I would welcome a negotiated solution to the 
crisis in Burma, but I believe firmly that such negotiations will only 
bear fruit once those pulling the levers of power feel a strong 
economic pinch.
  Today, we will act decisively to renew import sanctions against 
Burma, and send an unmistakable signal of support for the restoration 
of democracy and human rights in that impoverished nation.
  One day, Aung San Suu Kyi will lead a democratic Burma, and I look 
forward to being at her inauguration before a throng of her countrymen, 
all finally free. Until then, we in this country must do what we can to 
hasten that day.
  I urge all of my colleagues to support this important legislation.
  Mr. CROWLEY. Mr. Speaker, I rise today in strong support of the 
resolution that my good friend from California, Mr. Lantos introduced. 
I am proud to have my name attached to this resolution as an original 
cosponsor.
  Mr. Lantos has been leading the way when it comes to fighting the 
repressive junta that controls Burma with an iron fist and I would like 
to commend him for his continued support.
  The United States has been a leader in pushing the world to recognize 
the atrocities the military junta in Burma commits on a daily basis.
  Mr. Speaker, because of our country's diplomatic efforts on a 
multilateral front the military junta is feeling the pressure.
  The European Union had joined us in placing sanctions on the regime, 
a step that shows the unity of the West against the junta's human 
rights violations. Two weeks ago, for the first time Swiss banks froze 
all assets of the military regime.
  For the first time the ASEAN nations are openly calling for the 
release of Aung San Suu Kyi and all political prisoners. Countries like 
Singapore and the Philippines have made strong statements showing that 
ASEAN has lost its patience with the continued lack of promised reforms 
from the junta.

[[Page 13892]]

  The United Nations Security Counsel has met twice over the past seven 
months to discuss the horrible situation in Burma, a first for the U.N.
  Thankfully, the Security Council is currently considering it's first-
ever resolution on Burma.
  We are at a monumental point in the history of Burma. My hope is that 
all members of the Security Counsel will support this resolution.
  I urge all of my colleagues to continue to support the people of 
Burma who have suffered under this brutal military junta.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support of 
H.J. Res. 86, a bill intended to extend the import restrictions imposed 
by the Burmese Freedom and Democracy Act of 2003. This act was 
initially passed in response to the failure of Burma's ruling body to 
take significant actions to establish a democratic government, and for 
its reluctance to address violations of human rights and the pervasive 
drug problems within its borders. The governing body of Burma has yet 
to take effective corrective action.
  Burma is presently under the rule of a military regime, the State 
Peace and Development Council. This military junta, or one like it, has 
been in control of the Burmese government for the greater part of 
Burma's independence since 1948. Democratic rule in Burma ended in 1962 
in a coup d'etat. The National League for Democracy, led by Aung San 
Suu Kyi, won a free election held in 1990, but the ruling military 
regime, then the SLORC (State Law and Order Restoration Council), 
voided the election and impeded the formation of a democratic 
government.
  The SLORC has since become the SPDC, and Aung San Suu Kyi has spent 
the last 17 years in and out of detention and house arrest. She has 
been offered freedom in exchange for her voluntary exile, but she, with 
the backing of millions of supporters around the world, continues to 
stand against an oppressive regime and fight for democracy. She was in 
detention in 1999 when her husband died from cancer, as authorities 
would not allow for him to visit or for her to return if she visited 
him while he was ill. Aung San Suu Kyi has been relentless in her work 
and advocacy and was the recipient of the 1991 Nobel Peace Prize for 
her struggle. It will take more men and women of her courage and 
character to free her country from its oppressors within. Yet the world 
has yet to respond with the required urgency.
  In the year 2004, Burma was the world's second largest producer of 
illicit opium, with an estimated production of 292 metric tons. Though 
this number was down 40% from 2003 due to eradication efforts and 
drought, land cultivation in 2004 was still 30,900 hectares. The 
government has shown little interest in addressing this problem.
  Human rights violations in Burma have been documented for years, and 
it is generally agreed to that the military regime currently in power 
is one of the most repressive, violent, and inhumane in the world. The 
atrocities include forced labor, conscription of children, repression 
of free speech and political freedom, and the state-sanctioned use of 
torture and rape as weapons of war.
  It is estimated that several hundreds of thousands of men, women, 
children, and elderly are being forced to work against their will in 
what the International Labor Organization of the UN calls a ``modern 
form of slavery.'' Human Rights Watch estimates that some 70,000 of the 
regime's soldiers are children. A 2004 report by Amnesty International 
estimates that more than 1,300 people were wrongfully imprisoned 
between 1989 and 2004; and there were an estimated 1,600 political 
prisoners in 2005, 38 of which were elected members of Parliament.
  The U.S. State Department and two NGOs have confirmed that torture 
and rape are being used as weapons of war. A report issued in 2002 by 
The Shan Human Rights Foundation and the Shan Women's Action Network 
documents 173 cases of rape and sexual violence involving 625 girls and 
women. The study points out that 61 % were gang-rapes and that 25% of 
these girls and women died, some of whom were detained and repeatedly 
raped for up to four months. A report released by Refugees 
International in April of 2003 also documents cases of rape. These 
crimes are largely targeted at ethnic minorities, including the Shan, 
Mon, Karenni, and the Karen.
  Testifying before the House Committee on International Relations 
earlier this year, Human Rights Watch advocacy director Tom Malinowski 
stated that, ``Government armed forces continue to engage in summary 
executions, torture, and the rape of women and girls. This campaign can 
only be described as ethnic cleaning on a very large scale. Hundreds of 
thousands of people, most of them from ethnic minority groups, live 
precariously inside Burma as internally displaced people.''
  A CBO report estimates that supporting this legislation could cost 
the U.S. $500,000 in 2006 and $1 million in 2007. It is likely that 
there will be economic costs on the other end as well, and not just for 
those in power. So while it is understandable and even necessary to 
take action in opposition of the current military regime and to condemn 
their oppressive rule and blatant abuses of human rights, we should 
explore other methods to express our disapproval and impose sanctions. 
We must be careful that our actions do not oppress the innocent who are 
caught up in this ongoing struggle.
  So I urge my colleagues to support H.J. Res. 86, but I also ask that 
we devise additional ways to assist the people of Burma, ways that may 
not entail economic backlashes. Over the years we have seen situations 
like this arise and escalate and we have watched with shameful apathy 
as millions have perished or fallen victims to unspeakable physical, 
sexual, and emotional violence. And here we are again with another 
opportunity to act or be apathetic. Let us not squander it under the 
cover of feigned ignorance. We are all aware now. Let us not get 
selective amnesia by confining our thoughts to tangential concerns of a 
lesser gravity, for history will not forget when we stand idly by while 
these people suffer, scream, and die. Instead, let us free Ms. Aung San 
Suu Kyi, and free those for which she remains confined.
  Mr. CARDIN. Mr. Speaker, I yield back the balance of my time.
  Mr. SHAW. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Shaw) that the House suspend the rules and 
pass the joint resolution, H.J. Res. 86.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the joint resolution was passed.
  A motion to reconsider was laid on the table.

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