RESOLUTION
Condemning the Burmese regime’s undemocratic upcoming elections on November 7, 2010.
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 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 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;
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; and
Whereas it is impossible under the regime’s 2008 constitution and
2010 election laws for the election to be free, fair, inclusive, or
democratic: 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 Aung San Suu
Kyi, 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 and that these changes
are made before the 2010 elections;
(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 by imposing the required financial
sanctions as soon as possible.
H.RES.1677 Done
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