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City of
Berkeley - 2010 - Burma Resolutions
The following resolutions were passed by the City Council on July 13 as recommended by the City Peace and Justice Commission.
1. Opposition to Burmese Military
Regime’s Illegitimate 2010 Election
Recommendation:
Adopt a
resolution to reject the Burmese military regime’s 2010 illegitimate election
and recognize May 27, 2010 as Burma Democracy Day.
WHEREAS, Chapter 3.68 of the Berkeley Municipal Code sets forth functions of the Peace and Justice Commission including,"(A) Advise the Berkeley City Council on all matters relating to the City of Berkeley's role in issues of peace and social justice, including, but not limited to support for human rights and self-determination throughout the world;" and
WHEREAS,
The Berkeley City Council has a long history of supporting the democracy
movement in Burma; and,
WHEREAS,
in response to the 1988 uprising, the military regime held elections in 1990,
but when the National League for Democracy (NLD) won an overwhelming majority of
votes, the regime arrested and imprisoned the democratically elected leaders,
including Aung San Suu Kyi, the General Secretary of the NLD, who subsequently
received the Nobel Peace Prize and the United States Congressional Gold Medal in
recognition of her courageous and unwavering commitment to peace, nonviolence,
human rights, and democracy; and,
WHEREAS, the regime refuses to abide by the results of the 1990 elections and
has held Aung San Suu Kyi under house arrest 15 of the last 20 years. In
response, the United States imposed sanctions by enacting the Burma Freedom and
Democracy Act of 2003; and,
WHEREAS,
the May 2, 2008 tropical cyclone disaster was compounded by the negligence of
the regime, which refused to allow relief aid and workers prompt access to those
in need. Instead, they went forward with the May 10th election, while
criminalizing opposition to the junta's 2008 constitution. According to United
Nations estimates, by May 10th no help had reached 80% of those in need, yet the
junta focused on the referendum for which some survivors were expelled from
shelters to turn them into polling stations. The regime’s 2008 constitution,
drawn up without the participation of the NLD, ensures that the military is
still in power, requires that the president must have a military background, and
that 25% of the parliament seats be handpicked by a military chief ; and,
WHEREAS on
May 21, 2009, Secretary of State Hillary Clinton told senators at a hearing that
“If they (the generals) stay on the track they're on, their elections in 2010
will be totally illegitimate and without any meaning in the international
community;" and,
WHEREAS on
April 29. 2009, the NLD released the Shwegondaing Declaration, which calls for
the unconditional release of all political prisoners, review of a draft
constitution, recognition of the 1990 election results; and to establish a
political dialog between the military, the NLD and other stake holders. However,
in response, the military regime released the 2010 election law on March 9, 2010
which states that any political party with members in jail is automatically
disqualified. Given Burma's record of imprisoning dissidents, that makes
political participation for a legitimate opposition impossible. (429 members of
Suu Kyi's party are imprisoned.); and,
WHEREAS on
March 9, 2010, United Nations Secretary General Ban Ki-moon urged the junta to
empty the jails of political dissidents so that they can participate in the
election. He also said that “Without participation of Daw Aung San Suu Kyi and
all key political prisoners, this election will not be an inclusive one.” He
wrote to Gen Than Shwe “expressing my concern about this lack of progress on
democratic reforms, and emphasizing the importance of ensuring this year’s vote
is most credible, inclusive and transparent”; and,
WHEREAS on
March 15, 2010, during the press conference at the United Nations headquarters
in Geneva, Thomas Ojea Quintana, United Nations Special Rapporteur on Human
Rights in Burma, accused the Burmese military regime of systemic and gross
violations of human rights and called for an international commission of inquiry
to look into serious cases of abuse, which he says entail crimes against
humanity; and,
WHEREAS on
March 10, 2010, at a briefing, State Department spokesperson Philip J. Crowley
told reporters ''given the tenor of the election laws that they've put forward,
there's no hope that this election will be credible." Crowley also added that,
“The political party law makes a mockery of the democratic process and ensures
that the upcoming elections will be devoid of credibility;" and,
WHEREAS
over 200 people attended the 10th Annual Burma Human Rights Day benefit on
Saturday, March 13, 2010 at the Berkeley Fellowship of Unitarian Universalist
Hall, organized by the Burmese American Democratic Alliance (BADA) and signed
the BADA Burma Human Rights Day Statement denouncing the Burma’s military regime
for banning Aung San Suu Kyi and all political prisoners from participating in
the election and calling for their immediate release; and,
WHEREAS on
March 19, 2010, more than 150 pro-democracy organizations, including BADA,
launched a global campaign on Burma’s 2010 elections calling on the
international community to denounce this election and refuse to recognize the
results; and,
WHEREAS on
March 29, 2010, Burma's main opposition party, the NLD, decided against
registering for the general election; choosing to cease to exist as a legal
entity, according to that law. U Win Tin, a founder of the NLD, stated, “For
me, the decision was simple: No. We cannot expel Aung San Suu Kyi and others who
are or have been imprisoned under this corrupt and unfair legal system. Without
them, our party would be nothing. They are in prison because of their belief in
democracy and the rule of law.”
NOW
THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley denounce the
Burmese military regime’s 2010 election as illegitimate and recognize May 27, 2010 as
Burma Democracy Day in honor of the 20th Anniversary of the 1990
Elections in which Aung San Suu Kyi would have been elected the President of
Burma.
BE IT
FURTHER RESOLVED that the Council of the City of Berkeley direct the City Clerk
to send this document to President Obama, Secretary of State Hillary Clinton and
U.S. Ambassador to the United Nations Susan Rice thanking them for their support
of the Burmese people and asking that they continue urging Burma’s neighbor
China, the Association of Southeast Asian Nations (ASEAN), and India to stand
with the United States and the United Nations in rejecting the regime's 2010
election unless the regime makes necessary changes that would ensure credible,
inclusive and transparent elections.
BE IT
FURTHER RESOLVED that the Council of the City of Berkeley direct the City Clerk
to send this document to United Nations General Secretary Ban Ki-moon thanking
him for supporting the Burmese people and urging him to reach out to the
Security Council Members and Burma’s neighbor China, ASEAN, and India to stand
with the United States and the United Nations in rejecting the regime's 2010
election unless the regime makes necessary changes that would ensure credible,
inclusive and transparent elections.
Recommendation: The Peace and Justice Commission recommends that the Berkeley
City Council direct the City Clerk to send the following letter to
Representative Barbara Lee urging her to co-sponsor House Resolution 898 to
support democracy and action to end the crimes against humanity taking place in
Burma today.
Background:
The
Berkeley City Council has adopted several resolutions concerning the situation
in Burma including:
a) In July 1994, a resolution declared July 20, 1994 to be a day of fellowship
with Daw Aung San Suu Kyi and the people of Burma.
b) In
February 1995, a resolution--the first of its kind in the world -- prohibited
the purchase of goods and services from companies that do business in
Burma because of the regime's repressive human rights record.
c) In June 2008, a resolution commended the people of Burma (now also known as
Myanmar) for forty-six years of struggle against a brutal dictatorship, and
honored the 20th Anniversary of the 1988 popular uprising in Burma by declaring
August 8 as Burma Day.
House
Resolution 898 - Expressing the sense of Congress regarding the immediate and
unconditional release of Aung San Suu Kyi, a meaningful tripartite political
dialogue 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.
Some of what House Resolution 898 calls for:
1.) The
United Nations Security Council to establish a Commission of Inquiry into crimes
against humanity, war crimes, and impunity in Burma
2.) A
global arms embargo against the Burmese junta
3.) All of
Burma’s political prisoners to be freed, including Nobel Peace Prize Laureate
Daw Aung San Suu Kyi
Financial
Impact:
None
2. Support of H.R.
898—Democracy in Burma and Opposition to Crimes Against Humanity
March 29,
2010
Congresswoman Barbara Lee
2444
Rayburn HOB
Washington, D.C. 20515
Dear
Congresswoman Lee,
The City
of Berkeley urges you to co-sponsor House Resolution 898 - Expressing the sense
of Congress regarding the immediate and unconditional release of Aung San
Suu Kyi, a meaningful tripartite political dialogue 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.
The
Burmese junta has destroyed over 3,500 ethnic minority villages, recruited tens
of thousands of child soldiers, and its adult soldiers rape with impunity.
Crimes
against humanity have escalated as the Junta tries to consolidate power before
the election planned for 2010. In the past few months alone the regime has
displaced more than 50,000 people from eastern and northern Burma, sending tens
of thousands over the border into China and Thailand.
President
Obama's new policy calls for the regime to be held accountable for crimes
against humanity and war crimes. Resolution 898 affirms the House's commitment
to holding the regime accountable as well as supporting the democratic process
in Burma.
House
Resolution 898 calls for important measures including:
1.) The
United Nations Security Council to establish a Commission of Inquiry into crimes
against humanity, war crimes, and impunity in Burma
2.) A global arms embargo against the Burmese regime
3.) All of
Burma’s political prisoners to be freed, including Nobel Peace Prize Laureate
Daw Aung San Suu Kyi
Please
co-sponsor House Resolution 898 to support democracy and action to end the
crimes against humanity taking place in Burma today. Please find attached a copy
of HR 898. The resolution is being circulated by Representative Peter King and
Representative Joe Crowley. To co-sponsor, please contact Jeremy Woodrum in
Representative Joe Crowley's office at (202) 225-3965
Thank
you for your consideration.
Sincerely,
Deanna Despain
City Clerk