[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 317 Introduced in House (IH)]
110th CONGRESS
2d Session
H. CON. RES. 317
Condemning the Burmese regime's undemocratic constitution and scheduled
referendum.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2008
Mr. Holt (for himself, Mr. Berman, and Ms. Ros-Lehtinen) submitted the
following concurrent resolution; which was referred to the Committee on
Foreign Affairs
_______________________________________________________________________
CONCURRENT RESOLUTION
Condemning the Burmese regime's undemocratic constitution and scheduled
referendum.
Whereas in 1974, then dictator General Ne Win and his regime had redrawn 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 took
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 its 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 no one was allowed
to table alternative proposals or voice any 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 Aung San Suu Kyi, the elected political parties
from the 1990 elections and the ethnic nationalities representatives for
national reconciliation and a transition to democracy;
Whereas according to the United Nations Special Rapporteur on 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, nearly 100 are still missing, and arrested 700
additional political prisoners whereby Burma's political prisoner
population numbers 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 ethnic party representatives to achieve
national reconciliation and democratization as well as to save the
country from decades-long mismanagement 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 Aung San Suu
Kyi, her party, the NLD, and ethnic nationality representatives;
Whereas at the same time, the SPDC assigned a commission for drafting the state
constitution on October 18, 2007, with 54 hand-picked persons, in an
attempt to circumvent legitimate democratic processes and legitimize
continued military rule;
Whereas the latest version of the draft constitution seeks to codify military
rule, reserving 25 percent of parliamentary seats for military
appointees, reserves power to the head of the military to intervene in
national politics, and reserves key government ministries to serving
military officers;
Whereas although the SPDC has 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, since October 2007, there
has been no development and no hope of a meaningful and time-bound
dialogue;
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 the house arrest of U Tin Oo,
Deputy Chairman of the NLD for another year; and
Whereas the military regime is once again trying to abolish the 1990 elections
results and the election winning party status held by the NLD, and
further legitimize military rule through an undemocratic process: Now,
therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) denounces the one-sided, undemocratic, and illegitimate
act by the State Peace and Development Council (SPDC) to
legalize military rule with the constitution;
(2) firmly insists that Burma's military regime begin a
meaningful tri-partite dialogue with Daw Aung San Suu Kyi, the
1990 election winning parties and ethnic nationality
representatives 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;
(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 Nation's recommendations and engage in a meaningful
time-bound tri-partite dialogue with Aung San Suu Kyi, the 1990
election winning parties and ethnic nationality
representatives;
(5) condemns the military regime's constitution and
scheduled referendum;
(6) calls for the SPDC to comply fully and immediately with
the recommendations made by United Nations Special Envoy
Ibrahim Gambari and the United Nations Security Council
Presidential Statement issued on October 11, 2007;
(7) urges the President to call for the United Nations
Security Council to not accept or recognize the SPDC's
constitution which will be the outcome of the referendum;
(8) 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;
(9) 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, who currently
sell weapons to Burma's military regime, can no longer
contribute the atrocities committed by Burma's military regime
against civilians; and
(10) urges the Association of Southeast Asian Nations to
involve itself more deeply in reaching out to the Burmese
democracy movement and work with the United Nations Security
Council and the Secretary-General to end junta political
intransigence and promote meaningful political dialogue.
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