IV 

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 


smartinez on PRODPC60 with BILLS
2 

•HCON 317 IH 

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 


smartinez on PRODPC60 with BILLS
3 

•HCON 317 IH 

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 


smartinez on PRODPC60 with BILLS
4 

•HCON 317 IH 

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 


smartinez on PRODPC60 with BILLS
5 

•HCON 317 IH 

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 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress— 

3 (1) denounces the one-sided, undemocratic, and 

4 illegitimate act by the State Peace and Development 

5 Council (SPDC) to legalize military rule with the 

6 constitution; 

7 (2) firmly insists that Burma’s military regime 

8 begin a meaningful tri-partite dialogue with Daw 

9 Aung San Suu Kyi, the 1990 election winning par10 ties and ethnic nationality representatives toward 

11 national reconciliation, and the full restoration of de12 mocracy, freedom of assembly, freedom of move13 ment, freedom of speech, freedom of the press, and 

14 internationally recognized human rights for all Bur15 mese citizens; 


smartinez on PRODPC60 with BILLS
6 

•HCON 317 IH 

1 (3) demands the immediate and unconditional 

2 release of Daw Aung San Suu Kyi, detained Bud3 dhist monks, and all other political prisoners and 

4 prisoners of conscience; 

5 (4) denounces the SPDC for its failure to com6 ply with the United Nation’s recommendations and 

7 engage in a meaningful time-bound tri-partite dia8 logue with Aung San Suu Kyi, the 1990 election 

9 winning parties and ethnic nationality representa10 tives; 

11 (5) condemns the military regime’s constitution 

12 and scheduled referendum; 

13 (6) calls for the SPDC to comply fully and im14 mediately with the recommendations made by United 

15 Nations Special Envoy Ibrahim Gambari and the 

16 United Nations Security Council Presidential State17 ment issued on October 11, 2007; 

18 (7) urges the President to call for the United 

19 Nations Security Council to not accept or recognize 

20 the SPDC’s constitution which will be the outcome 

21 of the referendum; 

22 (8) urges the President to call for the United 

23 Nations Security Council to pass a binding resolu24 tion, which will instruct the regime to fully comply 

25 with the recommendations made by United Nations 


smartinez on PRODPC60 with BILLS
7 

•HCON 317 IH 

1 Special Envoy Ibrahim Gambari and the United Na2 tions Security Council Presidential Statement, and 

3 strengthen the mandate of Secretary-General Ban 

4 Ki-moon to engage in a meaningful and time-bound 

5 dialogue with Daw Aung San Suu Kyi, the 1990 

6 election winning parties and ethnic nationality rep7 resentatives towards an inclusive democratic national 

8 reconciliation; 

9 (9) urges the President to push for a com10 prehensive arms embargo against the Burmese mili11 tary regime at the United Nations Security Council 

12 so that weapons produced by foreign countries, in13 cluding Ukraine, China, and Russia, who currently 

14 sell weapons to Burma’s military regime, can no 

15 longer contribute the atrocities committed by Bur16 ma’s military regime against civilians; and 

17 (10) urges the Association of Southeast Asian 

18 Nations to involve itself more deeply in reaching out 

19 to the Burmese democracy movement and work with 

20 the United Nations Security Council and the Sec21 retary-General to end junta political intransigence 

22 and promote meaningful political dialogue. 

Æ 


smartinez on PRODPC60 with BILLS