[Congressional Record (Bound Edition), Volume 161 (2015), Part 4]
[Senate]
[Pages 4682-4683]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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 SENATE RESOLUTION 116--PROVIDING FOR FREE AND FAIR ELECTIONS IN BURMA

  Mr. GRAHAM (for himself, Mr. Menendez, and Mr. Rubio) submitted the 
following resolution; which was referred to the Committee on Foreign 
Relations:

                              S. Res. 116

       Whereas the Union Election Commission of Burma announced 
     that the country will hold general elections in the final 
     quarter of calendar year 2015;
       Whereas Burma's history with general elections has been 
     characterized by controversy, conflict, and interference 
     instigated by the military of Burma (the Tatmadaw), including 
     in May 1990 and November 2010, and in the April 2012 by-
     elections;
       Whereas the Tatmadaw refused to transfer power to the 
     National League for Democracy (NLD), an opposition political 
     party led by Daw Aung San Suu Kyi, following the May 1990 
     elections in which the NLD won 392 of 492 seats, and used the 
     flawed 2008 Constitution of Burma to undermine elections in 
     November 2010;
       Whereas stated intentions of the Government of Burma to 
     negotiate a Federal union with ethnic leaders and groups is 
     not matched by the ongoing Tatmadaw offensives in Kachin and 
     Northern Shan States;
       Whereas, on March 5, 2015, and March 10, 2015, the 
     Government of Burma responded to peaceful student protests in 
     Rangoon and Letpadan with brutal violence and detained over 
     120 peaceful protestors;
       Whereas the United Nations Special Representative of the 
     Secretary-General on Sexual Violence in Conflict stated on 
     January 27, 2015, ``I . . . urge the Government to put a 
     final end to impunity for conflict-related sexual violence 
     that is particularly targeting ethnic minority areas.'';
       Whereas the United Nations Special Rapporteur on the 
     Situation of Human Rights in Myanmar stated on January 16, 
     2015, ``I remain particularly concerned at the failure of 
     measures to ensure accountability of military officials, 
     including [for] sexual and gender based violence in conflict 
     zones.'';
       Whereas the Tatmadaw continues to wield unchecked political 
     and economic power and influence in Burma, as evidenced by 
     the consumption of over 23 percent of the national budget; 
     the set-aside of one-quarter of the seats in parliament which 
     gives the Tatmadaw veto power over legislative and 
     constitutional reforms; and control of the country's largest 
     business conglomerates, including in the natural resource 
     sector;
       Whereas the 2008 Constitution of Burma preserves and 
     protects the power and influence of the Tatmadaw through 
     Articles 417, 418, 420, and 425, which provide the President 
     of Burma with authority to declare a state of emergency ``due 
     to acts or attempts to take over the sovereignty of the Union 
     by insurgency, violence and wrongful or forcible means''; to 
     transfer legislative, executive, and judicial powers to the 
     Commander-in-Chief of the Defense Services ``to enable him to 
     carry out the necessary measures to speedily restore its 
     original situation in the Union''; for such Commander to 
     ``restrict or suspend as required, one or more fundamental 
     rights of the citizens in the required area''; and for such 
     Commander to extend the state of emergency for two periods of 
     six months each;
       Whereas other provisions in the 2008 Constitution of Burma 
     are contrary to democracy and the rule of law, including 
     Article 59(f), which prohibits anyone from being President 
     who has children born outside of Burma; Article 354, which 
     limits certain freedoms that contradict laws ``enacted for 
     Union security, prevalence of law and order, community peace 
     and tranquility or public order and morality''; and Article 
     436, which subjects Constitutional amendments to a 75 percent 
     vote threshold in parliament (thereby confirming the 
     Tatmadaw's veto power);
       Whereas the NLD Central Executive Committee released a 
     statement on January 13, 2015, expressing concern with the 
     stall of democratic transition and reforms in Burma, and 
     identifying the following conditions as prerequisites for 
     free and fair general elections: constitutional amendments 
     ``in line with the desire of the people''; government 
     involvement that is free from bias; fair and credible 
     enforcement of election laws and regulations by the Union 
     Election Commission; and cessation of discrimination and bias 
     by the government to political parties;
       Whereas the Commander-in-Chief in Burma General Min Aung 
     Hlaing stated on January 21, 2015, regarding the planned 
     elections in Burma, ``When things become really out of 
     control, if the President says the military needs to step in, 
     in that region or state, the military will step in when a 
     state of emergency is declared.'';
       Whereas a state of emergency and military administration 
     was declared on February 17, 2015, in Kokang Self-
     Administered Zone due to renewed armed conflict;
       Whereas the United Nations Special Rapporteur on the 
     Situation of Human Rights in Myanmar stated on January 19, 
     2015, ``. . . there are signs that since my last visit, 
     restrictions and harassment on civil society and the media 
     may have worsened . . . If Myanmar is serious about 
     transitioning to democracy, it must be serious about allowing 
     persons affected by its actions to express their frustrations 
     without being punished.'';
       Whereas the Government of Burma responded to the various 
     concerns raised by the Special Rapporteur with accusations of 
     interference in Burma's internal affairs, and pointedly 
     failed to criticize slanderous comments made by a Buddhist 
     nationalist monk who called the Special Rapporteur a 
     ``bitch'' and ``whore'';
       Whereas the United States Permanent Representative to the 
     United Nations Samantha Power stated in Louisville, Kentucky 
     on January 12, 2015, ``Burma is still a long way from being a 
     rights-respecting democracy. The civilian government is still 
     subordinate to the military, and the Constitution continues 
     to give the military the broad authority to dismiss 
     Parliament and veto any constitutional amendment.'';
       Whereas Ambassador Power further stated, ``Attacks against 
     the Rohingya and other Muslim groups have even increased . . 
     . Yet virtually no one has been held accountable, and the 
     humanitarian situation continues to deteriorate.'';
       Whereas the Government of Burma, under the direction and 
     leadership of President Thein Sein, submitted draft 
     legislation to parliament that seeks to stigmatize and 
     discriminate against religious minorities in Burma through 
     coercive population control, marriage restrictions, and anti-
     conversion methods that violate established international 
     human rights norms and instruments to which Burma is a party;
       Whereas Ambassador Power reaffirmed, ``Our tools include 
     incentivizing continued progress, shining a bright light on 
     the government's shortcoming, and imposing targeted sanctions 
     on individuals who stand in the way of change.'';
       Whereas President Barack Obama stated during his visit to 
     Burma on November 14, 2014, that the United States expects 
     elections in Burma ``to take place on time. We do not want to 
     see delays, because it's time for the voice of the people of 
     Burma to be heard in a fair, free, and transparent manner . . 
     . the constitution amendment process needs to reflect 
     inclusion rather than exclusion, that there are certain 
     provisions in the Burmese constitution that objectively don't 
     make much sense.''; and
       Whereas internationally recognized standards of free and 
     fair elections include: the right of adult citizens to 
     register and vote in elections, without discrimination; equal 
     opportunity for individuals to stand as candidates, form 
     political parties, and conduct campaign and civic education 
     activities free from interference and intimidation; the fair 
     and impartial conduct of elections, including accountable 
     voter registration processes and transparent resolution of 
     election disputes by independent election commissions and 
     judiciaries; and an electoral environment that

[[Page 4683]]

     is free from fear, intimidation, and violence: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) endorses the aforementioned internationally recognized 
     prerequisites for free and fair general elections in Burma 
     and finds them consistent with those articulated by the 
     National League for Democracy in its January 13, 2015, 
     statement;
       (2) calls upon the President and the Secretary of State 
     to--
       (A) publicly support meaningful efforts to reform the 2008 
     Constitution of Burma, with the full and unfettered 
     participation of the people of Burma and in a manner that 
     promotes and protects the democratic development of Burma and 
     safeguards against arbitrary and capricious interference by 
     the Tatmadaw;
       (B) support free and fair elections in Burma, including by 
     taking bilateral and multilateral steps, as necessary, to 
     ensure that the Tatmadaw and its affiliates do not influence 
     the outcome of such elections (including through a 
     declaration of a state of emergency in order to influence or 
     postpone such polls) and that President Thein Sein and other 
     ruling government officials do not engage in the use of 
     official resources (including international assistance) for 
     electioneering; and
       (C) express solidarity with the United Nations special 
     mechanisms that are investigating and protesting against 
     violations of human rights in Burma, and to express concern 
     regarding the Government of Burma's refusal to work 
     cooperatively with such mechanisms;
       (3) calls upon the United States Government, in partnership 
     with other international donors, to ensure that the 
     Government of Burma and the Union Election Commission 
     function in an independent, fair, and impartial manner 
     throughout the preparation and conduct of elections in Burma, 
     and that the Tatmadaw publicly affirms in advance that it 
     will honor the results of such elections;
       (4) expects the President to delay further steps toward 
     normalization of relations with Burma, including immediately 
     suspending all military-to-military engagement with the 
     Tatmadaw, should the Government of Burma, including the 
     Tatmadaw and any of its affiliates, undermine the prospects 
     for free and fair elections in Burma;
       (5) expects the President to take additional actions to 
     sanction specific individuals within the Government of Burma 
     whom the President determines undermine free and fair 
     elections in Burma, including through the denial of visas and 
     freezing of assets of such individuals, as appropriate;
       (6) calls upon the President and the Secretary of State to 
     take action to ensure that ethnic groups in Burma are not 
     coerced, in any way or by any means, into ceasefire 
     agreements with the Government of Burma;
       (7) calls upon the Secretary of State to work with like-
     minded regional and international governments to ensure that 
     the general elections in Burma meet international standards 
     of free and fair elections, including by ensuring that 
     international and domestic monitors have full and unimpeded 
     access to all aspects of the electoral process; and
       (8) calls upon the Secretary of State to publicly and 
     forcefully condemn human rights abuses committed by the 
     Tatmadaw and to demand credible and independent 
     investigations and prosecutions of any and all allegations of 
     such abuse, including with respect to--
       (A) the January 19, 2015, rape and murder by the Tatmadaw 
     of two Kachin volunteer schoolteachers in Northern Shan 
     State;
       (B) the December 22, 2014, murder of Daw Khin Win, a 
     nonviolent protestor at the Letpadaung mine site;
       (C) the November 19, 2014, killing of 23 cadets in Laiza, 
     Kachin State, by the Tatmadaw's shelling;
       (D) the October 4, 2014, murder of Ko Par Gyi in Mon State, 
     a freelance journalist and former body guard of opposition 
     political leader Aung San Suu Kyi; and
       (E) the September 13, 2012, fatal shooting by the Tatmadaw 
     of 14-year old Ja Seng Ing in Hpakant Township, Kachin State.

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