[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[House]
[Pages 17775-17778]
[From the U.S. Government Publishing Office, www.gpo.gov]




           CONDEMNING BURMESE REGIME'S UNDEMOCRATIC ELECTIONS

  Ms. WATSON. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 1677) condemning the Burmese regime's undemocratic 
upcoming elections on November 7, 2010, as amended.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 1677

       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 formerly 
     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 the people of Burma, led by democracy activists and 
     Buddhist monks in August and September 2007, took to the 
     streets for national reconciliation and the transition to 
     democracy;
       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 2,100;
       Whereas the SPDC has ignored the repeated requests of the 
     United Nations and the international community to release all 
     political prisoners and end attacks against civilians;
       Whereas at the same time, the SPDC assigned a commission to 
     draft a constitution on October 18, 2007, with 54 handpicked 
     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 amidst the crisis in parts of the country caused by 
     Cyclone Nargis, the country's military junta staged a 
     referendum to force through a new constitution, drafted 
     without input from the opposition;
       Whereas the vote for the referendum did not follow a free 
     and fair democratic process;
       Whereas conditions prior to the referendum consisted of 
     repression, a lack of a free media, and a lack of an 
     independent referendum commission and courts to supervise the 
     vote;
       Whereas the amnesty provision of the constitution removes 
     any rights for civil redress for victims of crimes committed 
     by the military and leaders of the democratic opposition have 
     refused to accept this constitution;
       Whereas the amnesty provision is a blatant attempt to 
     legitimize the systematic violence in the country for all 
     junta inflicted crimes;
       Whereas the ruling military junta in Burma has one of the 
     worst human rights records 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, as well 
     as slave and child labor, including child soldiers;
       Whereas the previous detention of Aung San Suu Kyi by the 
     Burmese military regime contravenes Article 9 of the 
     Universal Declaration of Human Rights and has drawn 
     widespread condemnation from around the world;
       Whereas in March 2010, the military regime announced laws 
     governing the elections, including the Union Election 
     Commission Law, giving their handpicked members complete 
     authority to convene the election, along with final 
     decisionmaking power, regarding election postponement, 
     rejection, monitoring, forming sub-commissions, formation of 
     constituencies, compiling list of eligible voters, and 
     forming of tribunals to judge election dispute;

[[Page 17776]]

       Whereas articles 4 and 10 of the Political Parties 
     Registration Law bans all monks, nuns, and leaders of other 
     religions, government staff, political prisoners and 
     prisoners, foreigners, and members of and those related to 
     unlawful associations and insurgent groups from forming and 
     participating in a political party, further stating that 
     failure to expel such individuals from your political party 
     will result in abolishment of the political party;
       Whereas article 6 of the Political Parties Registration Law 
     states that all political parties must pledge to abide and 
     protect the military regime's undemocratic and fraudulent 
     2008 constitution;
       Whereas the NLD refused to re-register under such unjust 
     election laws that would have forced them to expel their 
     leader Aung San Suu Kyi and pledge support for the regime's 
     undemocratic constitution;
       Whereas the military regime's election commission released 
     severely restrictive political party campaign rules banning 
     all marches, chanting, and flags and also prohibits any 
     speeches or publications that criticize the military regime;
       Whereas the election commission can de-register any 
     political party at their discretion;
       Whereas it is impossible under the regime's 2008 
     constitution and 2010 election laws for the election to be 
     free, fair, inclusive, or democratic; and
       Whereas the November 7 election was marked by widespread 
     fraud, voter intimidation, cheating, and irregularities 
     reported throughout the country: Now, therefore, be it
       Resolved, That the House of Representatives--
       (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 
     election process;
       (2) denounces the military regime's dissolution of the 
     National League for Democracy and insists that no government 
     in Burma can be considered democratic or legitimate without 
     the participation of Aung San Suu Kyi, the National League 
     for Democracy, and ethnic nationalities and the full 
     restoration of democracy, freedom of assembly, freedom of 
     movement, freedom of speech, freedom of the press, and 
     internationally recognized human rights for all Burmese 
     citizens;
       (3) insists that Burma's military regime begin an immediate 
     transition toward national reconciliation, and the full 
     restoration of democracy, freedom of assembly, freedom of 
     movement, freedom of speech, freedom of the press, and 
     internationally recognized human rights for all Burmese 
     citizens;
       (4) demands the immediate and unconditional release of 
     detained Buddhist monks and all other political prisoners and 
     prisoners of conscience;
       (5) calls on the Administration to not support or recognize 
     the military regime's elections as legitimate;
       (6) calls on the Burmese junta to change the current flawed 
     constitution by permitting members of the democratic 
     opposition and ethnic minorities to participate in 
     government;
       (7) calls for full accountability of those responsible for 
     human rights violations;
       (8) urges support for a credible and robust international 
     inquiry to investigate the Burmese regime's war crimes, 
     crimes against humanity, and system of impunity; and
       (9) calls for the Administration to fully implement the Tom 
     Lantos Block Burmese JADE Act of 2008 by nominating the 
     Special Representative and Policy Coordinator on Burma and 
     imposing appropriate financial sanctions to facilitate the 
     priorities expressed in paragraphs (1) through (8).

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Watson) and the gentleman from Illinois (Mr. Manzullo) 
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 may 
have 5 legislative days to revise and extend their remarks and to 
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.
  On November 7, 2010, Burma held its first election in 20 years. This 
should have been an important milestone for the 55 million people of 
that impoverished nation, but instead, it was more of the same. The 
ruling junta fixed the process to ensure its continuing domination, and 
the vote was marred by widespread fraud and intimidation.
  This important resolution condemns the military regime's blatantly 
undemocratic effort to legitimize its rule through a sham election 
process.
  In 1990, Aung San Suu Kyi's National League for Democracy, referred 
to as the ``NLD party,'' handily won free and fair elections, but the 
junta refused to honor the results and, instead, arrested and 
imprisoned democratically elected members of parliament and democracy 
activists.

                              {time}  1750

  More recently, in 2007, thousands of ordinary Burmese citizens and 
Buddhist monks led a series of peaceful demonstrations calling for more 
openness and respect for human rights, only to be brutally crushed by 
the regime. Today, there are more than 2,200 political prisoners and 
prisoners of conscience languishing in Burmese prisons in the worst 
possible conditions.
  The junta claims that the Burmese constitution of 2008 is part of a 
``roadmap to democracy,'' but in reality, that bogus document maintains 
power in the hands of military appointees, permits the head of the 
military to intervene in national policy, and ensures that key 
government ministries are held by junta officials. Under this 
framework, true democracy is impossible.
  The regime's recent decision to release Aung San Suu Kyi, the iconic 
leader of Burma's democracy movement, is a transparent attempt to 
divert attention from its fraudulent election.
  The international community must speak with one voice to condemn the 
results of the November 7 election; press the Burmese junta to respect 
basic human rights and allow freedom of expression and freedom of 
association; call for the release of political prisoners; and support 
national reconciliation between the junta, Aung San Suu Kyi, and ethnic 
leaders.
  We must also continue to press for a robust international inquiry 
into the regime's crimes against humanity and war crimes, and do 
everything we can to end the systemic use of rape as a weapon of war, 
extrajudicial killings, torture, and child labor.
  Mr. Speaker, I urge all my colleagues to support this bipartisan 
resolution.
  I reserve the balance of my time.
  Mr. MANZULLO. Mr. Speaker, I yield myself such time as I may consume.
  Today, I rise in strong opposition to the recent sham election that 
took place in Burma on November 7. As the sponsor of this important 
resolution, I want to lend a public voice for many people yearning to 
see democracy take real root in Burma.
  The purpose of the election is crystal clear: to entrench the 
military junta's rule under a cloak of democracy. Notwithstanding the 
release of Aung San Suu Kyi, the junta's actions cannot be an excuse to 
draw the curtain closed on so many people in Burma who yearn for the 
fresh breath of freedom.
  While claiming the pro-junta party won 80 percent of the vote in the 
sham election, the Burmese regime clearly demonstrated its adherence to 
Chairman Mao's famous dictum that ``political power comes from the 
barrel of a gun.''
  To make matters worse, just as rigged election results were being 
reported, junta troops engaged in shoot-outs with ethnic minority 
forces in border areas, sending tens of thousands of refugees fleeing 
into Thailand. Artillery fire even flew over the border, injuring 
refugees, Thai civilians, and Thai soldiers on the Thai side. Shelling 
your peaceful neighbor is no way for any government to conduct an 
election.
  And while we all laud the release of the acclaimed Nobel Peace Prize 
Laureate Aung San Suu Kyi, no one should be fooled into thinking that 
the Burmese junta leopard has changed its spots. The junta has treated 
Aung San Suu Kyi like its political yo-yo, letting her out and then 
pulling her back in whenever it has served the regime's political 
whims. Having gotten her out of the way during the critical runup to 
the bogus elections, the regime has now decided it is time to place her 
again in the world spotlight.
  But we cannot for one moment forget that there are an estimated 2,500 
other

[[Page 17777]]

political prisoners, including brave monks and ordinary citizens from 
the Saffron Revolution 3 years ago, who still languish in the Burmese 
gulag. Until these others are free, Aung San Suu Kyi and Burma are 
indeed truly not free.
  In 2008, I led the effort, along with my friend from New York, 
Representative Joe Crowley, to award the Congressional Gold Medal to 
Aung San Suu Kyi. We must never forget the strength and hope that she 
represents. We must never be fooled into believing that this time there 
really will be change in Burma.
  A flawed election process cannot hide the fact that until a sincere, 
transparent dialogue of political transformation is begun with the 
opposition, there can be no true democracy and rule of law in Burma. 
One need only recall that Hitler and Stalin had elections also, and 
they were just as meaningless.
  This raises the whole question of the value of engagement with a 
regime which hunts down refugees and shells its neighbor in the 
aftermath of bogus elections. The administration clings to the 
desperate hope that talking to dictatorial thugs with no preconditions 
will lead to a world of peace and harmony. The Burmese junta and their 
bogus elections demonstrate the naive assumption behind this approach 
to foreign policy.
  The release of Nobel Peace Prize Laureate Aung San Suu Kyi from house 
arrest, however, still leaves one Peace Prize laureate behind bars. 
That is the recent Prize recipient, Chinese dissident Liu Xiaobo. It 
seems high time for the rulers in Beijing to follow the example of 
their Burmese buddies and immediately release Mr. Liu. Governments 
which fear lone voices of conscience like Aung San Suu Kyi and Mr. Liu 
can never be truly secure, no matter how much voter fraud they conduct 
to prop up their regimes.
  I strongly and enthusiastically urge my colleagues to stand up for 
democracy and freedom in the proud ancient land of Burma and to 
wholeheartedly support this resolution.
  I reserve the balance of my time.
  Ms. WATSON. Mr. Speaker, I yield 3 minutes to the gentleman from New 
Jersey, Rush D. Holt.
  Mr. HOLT. Mr. Speaker, I thank the gentlelady from California.
  I rise to express strong support for House Resolution 1677, offered 
by Mr. Manzullo, and I rise to denounce the flawed, undemocratic 
election that took place in Burma earlier this month. For nearly half a 
century now, the liberties of the Burmese people have been held hostage 
by successive military rulers. The regime refused to honor the results 
of open elections held in recent decades and then forced the acceptance 
of a new, illegitimate constitution in a sham referendum. Last week, 
the junta once again chose to disregard the will of the Burmese people 
by staging a fraudulent election.
  When I first visited Burma decades ago, I learned what a difference a 
misguided regime could make. Burma had been a vibrant country known as 
the ``rice bowl of Asia.'' Burma had 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 a 
nation and brutalized a people. The generals have rejected the choices 
of the Burmese citizens, imprisoned or killed political dissidents, and 
failed to address humanitarian suffering caused by their own 
mismanagement and by tragic natural disasters. The United States has a 
duty to stand firmly against the military's human rights abuses and to 
work for justice, reconciliation, and the rule of law in Burma.
  I join with those around the world celebrating the recent release 
from house arrest of Nobel Peace Prize Laureate Aung San Suu Kyi, who 
has led the nonviolent struggle for democratic reforms in Burma, at 
great personal sacrifice, for over three decades. The outpouring of 
support and affection for her is a clear signal that the spirit of 
liberty endures among the Burmese people. Yet we must be mindful of 
history's lessons. The military junta will not tolerate actions that 
threaten its iron grip on power. That is why the United States must 
continue to pressure the regime to end its repressive practices and to 
accept an immediate transition toward a more democratic government that 
respects human rights and respects the aspirations of the Burmese 
people.
  I urge my colleagues to support this resolution.
  Ms. WATSON. Mr. Speaker, the following is an exchange of letters that 
I would like to submit:
         Congress of the United States, House of Representatives, 
           Committee on Ways and Means,
                                Washington, DC, November 17, 2010.
     Hon. Howard L. Berman,
     Chairman, Committee on Foreign Affairs,
     Washington, DC.
       Dear Mr. Chairman: I am writing you concerning H. Res. 1677 
     (``Resolution''), ``Condemning the Burmese regime's 
     undemocratic upcoming elections on November 7, 2010''. As you 
     know, the Resolution was referred to the Committee on Ways 
     and Means based on the Committee's jurisdiction over 
     international trade.
       I appreciate the productive discussions that we have had on 
     this issue, resulting in our agreement to revise paragraph 9 
     of the Resolution, which I believe helps to clarify the 
     intent and scope of the Resolution. I appreciate your 
     commitment to reflect this agreement in the final Resolution.
       In order to expedite this Resolution for floor 
     consideration, the Committee on Ways and Means will forgo 
     action on this Resolution and will not oppose its 
     consideration on the suspension calendar, based on our 
     understanding that you will reflect our agreement in the 
     final Resolution. This is done with the understanding between 
     our Committees that the Committee on Ways and Means does not 
     waive any future jurisdictional claim over the subject 
     matters contained in the Resolution.
       This letter also confirms my understanding that you will 
     include a copy of your letter and this response in the 
     Congressional Record during consideration of the Resolution 
     on the House floor.
           Sincerely,
                                                  Sander M. Levin,
                                                         Chairman.
                                  ____
                                  
         Congress of the United States, Committee on Foreign 
           Affairs, House of Representatives,
                                Washington, DC, November 17, 2010.
     Hon. Sander M. Levin,
     Chairman, Committee on Ways and Means,
     Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H. 
     Res. 1677, ``Condemning the Burmese regime's undemocratic 
     upcoming elections on November 7, 2010.'' As you know, the 
     Resolution was referred to the Committee on Foreign Affairs, 
     in addition to the Committees on Ways and Means and the 
     Judiciary, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
       I agree that the Committee on Ways and Means has certain 
     valid jurisdictional claims to this resolution, and I 
     appreciate your decision to waive further consideration of H. 
     Res. 1677 in the interest of expediting consideration of this 
     important measure. I understand that by agreeing to waive 
     further consideration, the Committee on Ways and Means is not 
     waiving its jurisdictional claims over similar measures in 
     the future.
       During consideration of this measure on the House floor, I 
     will ask that this exchange of letters be included in the 
     Congressional Record.
           Sincerely,
                                                 Howard L. Berman,
                                                         Chairman.

                              {time}  1800

  Mr. MANZULLO. 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 (Mr. Heinrich). 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. Res. 1677, 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.
  Ms. WATSON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  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.

[[Page 17778]]



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