	Overview of the By-Elections

The Republic of the Union of Myanmar (Burma) held parliamentary by-elections on April 1, 2012. Depending on the conduct of the election, the official election results, and the treatment of the newly elected members of parliament, U.S. policy toward Burma may undergo a major shift, possibly including the waiver or removal of some of the current U.S. sanctions. Other nations and the European Union (EU) are reportedly also considering removing sanctions or restrictions on Burma depending on their assessments of the by-elections. The by-elections originally were to fill 48 vacant seats in Burma's various parliaments. However, on March 23, 2012, the Union Election Commission (UEC) postponed voting for three People's Assembly seats in the Kachin State for security reasons. The by-elections are largely considered significant because of the participation of the NLD, and its Chair Aung San Suu Kyi, who is viewed both domestically and internationally as the leader of Burma's democracy movement. According to the official results released by the UEC, the NLD won all 37 seats in the People's Assembly, 4 seats in the National Assembly, and both of the seats in the regional assemblies. As a result of the by-elections, the pro-military parties—the USDP and the National Unity Party (NUP)—and the military control 77.5% of the seats in the People's Assembly, 82.6% of the seats in the National Assembly, and 79.2% of the seats in the combined Union Parliament. Who's Ran—and Who Did Not Run

A total of 17 political parties registered the minimum number of three candidates running for office in the by-elections including the pro-democracy NLD and the pro-military USDP (see textbox ). NLD rallies at which Aung San Suu Kyi spoke routinely drew over 10,000 people, making it desirable to use the stadia. Other nations also were allowed to send election monitors. However, at the same time reports of the invitation of international observers from ASEAN, the EU, the United Nations, and the United States appeared in the press, an election monitor for the Bangkok-based Asian Network for Free Elections was deported by the Union Government. Aung San Suu Kyi was among the NLD winners; she will be a member of the People's Assembly for the Yangon (Rangoon) Region. U.S. The Obama Administration has signaled that it would consider modifying or waiving some of the existing sanctions on Burma if it determines that the elections were sufficiently free and fair to warrant such a response. The Obama Administration's response to the by-elections may also be influenced by how other countries and the EU react to the election results. Other Developments in Burma

While the parliamentary by-elections are drawing much of the attention in Burma, important developments have occurred with respect to other major issues of concern for the United States, particularly the continued detention of political prisoners, the Tatmadaw's continued attacks on ethnic militias, and the continued human rights violations of civilians in conflict areas. However, hundreds of political prisoners remain in detention. The continued fighting in Burma has resulted in ten of thousands of internally displaced people (IDPs) and thousands of new refugees fleeing into China and Thailand. They also provide Congress with more evidence by which to assess the present situation in Burma and to possibly re-examine current U.S. policy. In addition, Congress may be asked by the Obama Administration to alter or amend one or more of the existing laws governing U.S. sanctions on Burma, depending on the outcome of the parliamentary by-elections. In many cases, the President has the authority to temporarily or permanently waive existing sanctions.
The Republic of the Union of Myanmar (Burma) held parliamentary by-elections on April 1, 2012. According to the official results announced by Union Election Commission (UEC), the National League for Democracy (NLD) won all but two of the 45 seats, including NLD Chair Aung San Suu Kyi winning a seat in the lower house of Burma's national parliament. Depending its assessment of the conduct of the election and the official election results, the Obama Administration may seek to alter policy towards Burma, possibly including the waiver or removal of some current sanctions. Such a shift may require congressional action, or may be done using executive authority granted by existing laws.
The by-elections originally were to fill 46 vacant seats in Burma's national parliament (out of a total of 664 seats) and 2 seats in local parliaments. On March 23, the UEC postponed voting for three seats from the Kachin State for security reasons. A total of 17 political parties ran candidates in the by-elections, including the NLD and the pro-military Union Solidarity and Development Party (USDP). The by-elections are viewed as significant primarily because of the decision by the NLD to compete for the vacant seats.
The NLD and others allege that some Burmese officials and the USDP took steps to disrupt the NLD's campaign and possibly win the by-elections by fraudulent means. Despite these problems, events at which Aung San Suu Kyi spoke routinely drew tens of thousands of people. In response to international pressure, the Union Government invited the Association of Southeast Asian Nations (ASEAN), the European Union (EU), the United Nations, the United States, and other nations to send election observers.
Although largely free and fair by-elections would be a significant development, the current political situation in Burma remains a source of serious concern for U.S. policy makers. Hundreds of political prisoners remain in detention. Despite ceasefire talks, fighting between the Burmese military and various ethnic militias continues, resulting in a new flow of internally displaced people (IDPs) and refugees into nearby countries. Reports of severe human rights abuses by the Burmese military against civilians in conflict areas regularly appear in the international press.
The response of the Obama Administration to Burma's by-elections will depend on the conduct of the campaign, the balloting process, the veracity of the official election results, and possibly on how the winners of the elections are treated once they become members of Burma's parliaments. In addition, the assessments of opposition parties (particularly the NLD and its chairperson, Aung San Suu Kyi), other nations and the EU to the by-elections may influence the U.S. response.
Under current law, President Barack Obama has the authority to waive many—but not all—of the existing sanctions on Burma, and he may choose to exercise that authority following the by-elections. Alternatively, the White House may ask Congress to consider legislation removing or altering some the existing sanctions. For its own part, Congress may decide to re-examine U.S. policy toward Burma and make whatever changes it deems appropriate.
For additional information on Burma, see CRS Report R41971, U.S. Policy Towards Burma: Issues for the 112th Congress; CRS Report R41336, U.S. Sanctions on Burma; and CRS Report R42363, Burma's Political Prisoners and U.S. Sanctions. The report will be updated following the announcement of the official results of the by-elections, and as circumstances warrant.