Whether it was the manner in which a new constitution was supposedly approved or the provisions of the elections laws, several members of Congress and the Obama Administration have been critical of the process by which Burma's ruling military junta, the State Peace and Development Council (SPDC), plans on conducting the election. The election has opened debates about U.S. policy towards Burma, including questions about whether the largely isolationist policy of the past 20 years, marked by extensive economic sanctions against the regime for its human rights violations, has been effective in encouraging political change and improving the government's treatment of the Burmese people; whether the Obama Administration's decision to engage the Burmese government can be effective; and whether sanctions are sufficiently strict and sufficiently well-enforced to pressure the junta to improve its human rights policies. Background

On November 7, 2010, Burma (also known as Myanmar) will hold its first parliamentary elections in 20 years. On May 27, 1990, Burma held parliamentary elections in which the opposition National League for Democracy (NLD) won 392 seats out of 485 seats. Following the elections, SLORC arrested and imprisoned many of the opposition leaders, including NLD leader Aung San Suu Kyi. There have also been objections to the terms of the Union Election Commission Law and the 17 people subsequently appointed to the commission by the SPDC. The Political Parties and Their Candidates

According to a notification released by the UEC on September 14, 2010, 37 political parties will be allowed to run candidates in the 2010 elections (see Table 1 ). There has also been controversy about some of the USDP candidates. The official campaign period for the November elections began on September 24, 2010, with the first broadcast of a UEC-approved statement by the National Unity Party (NUP). Opposition parties also assert that the UEC has been more lenient and forthcoming with permits for the USDP and other pro-junta political parties. Some of the first voices raised in support of an election boycott were student groups and Buddhist monks. In August 2010, the NLD officially announced that it was boycotting the election. Some election observers report little interest in the election, as many voters presume the USDC and other pro-junta parties will be declared the official winners, either because of a lack of opposition or fraud. By contrast, it would take a near complete sweep of contested seats for the opposition parties to win a majority of the contested seats in the national parliament. In addition, opposition parties do not have a sufficient number of candidates to win a majority of the state or regional parliamentary seats, but could win control in the Arakan (Rakhine), Kachin, Mon, and Shan states. However, the decision not to allow portions of these states to participate in the election, as well as continued reports of intimidation in these regions, may indicate that the SPDC is trying to insure a USDP victory even in ethnic minority regions. Implications for U.S. Policy

The Obama Administration has repeatedly stated that it does not expect Burma's parliamentary elections of November 7, 2010, to be free and fair. According to an anonymous source quoted on August 18, 2010, in the Washington Post , the Obama Administration is considering tightening financial sanctions on Burma, and supports the creation of a U.N. commission of inquiry into crimes against humanity and war crimes in Burma. 110-286 ), the President has the authority to impose financial sanctions on certain Burmese officials, military personnel, or their associates.
Burma is to hold its first parliamentary elections in 20 years on November 7, 2010. The polls raise questions about U.S. policy towards the Burmese regime, coming in the context of two decades of largely isolationist U.S. policy towards Burma. Some argue that these elections, even if far from free and fair, offer a limited opportunity for political change, even if evolutionary. Others believe that the ruling junta's restrictions on electoral activity thus far demonstrate that it has little interest in democracy or in loosening its repressive policies. These considerations weigh deeply in policy debates over sanctions and engagement with the regime—debates in which Congress has had a strong voice over the past two decades.
In 1990, the last time nationwide parliamentary elections were held in Burma, the National League for Democracy (NLD), led by prominent opposition leader Aung San Suu Kyi, won a stunning and unexpected victory. The junta's subsequent refusal to seat the newly elected parliament and its arrest of Aung San Suu Kyi were widely condemned internationally, and led to the imposition of numerous U.S. and international sanctions against the regime. This time, the circumstances surrounding the elections have been controversial from the start. The Obama Administration has repeatedly stated that it does not foresee the elections being free and fair, and the outcome will not be a genuine reflection of the will of the people of Burma. Some members of Congress have also expressed skepticism that Burma's impending elections will be a true expression of democracy.
Most observers feel that by various means and methods, the ruling military junta, the State Peace and Development Council (SPDC) and the Union Election Commission (UEC) are conspiring to ensure that the pro-junta political parties will win most of the 1,163 seats at stake. Preliminary information on the number of proposed candidates submitted by each of the political parties indicate that it would take a virtual election sweep by their candidates for the opposition parties to win a majority. The opposition parties are particularly weak in many of the state and regional parliamentary elections; an exception is in states where ethnic minorities are a large percentage of the population. Thus, it is more likely that the pro-junta parties will win a majority of the seats on November 7.
The UEC has approved 37 parties to participate in the elections, but on September 14 it announced that several political parties—including Aung San Suu Kyi's NLD—were officially dissolved. The formal campaign period for the parliamentary elections began on September 24, 2010. There have been accusations of irregularities in the campaign process, including decisions by the UEC to reject the broadcasting of some party statements, undue restrictions on campaign rallies, and intimidation of opposition party members. The SPDC has also arrested Buddhist monks and students advocating boycotting the elections.
The Obama Administration reportedly is considering the imposition of additional sanctions on Burma, in part because of the manner in which the SPDC is conducting the election. The Administration is also backing calls for the creation of a U.N. Commission of inquiry into crimes against humanity and war crimes in Burma. Ten other nations have also backed the creation of the U.N. Commission.
Under current federal law, President Obama has the authority to impose certain types of financial sanctions without seeking approval from Congress. However, he must inform Congress if and when he imposes new sanctions.