	Overview

On an undisclosed date in 2010, Burma (Myanmar) is to hold its first national parliamentary elections since the ill-fated vote in 1990. The current ruling military junta—the State Development and Peace Council (SPDC)—is promoting the 2010 election as the fifth step in what it calls a seven-step roadmap to "disciplined democracy." The Constitutional Referendum of 2008

On February 9, 2008, the SPDC announced a national referendum on its draft constitution was to be held in May 2008. Despite the widespread destruction caused by Cyclone Nargis, the SPDC decided to not invoke the natural disaster provisions of the referendum law. On the basis of these official results, the SPDC declared that the new constitution had been ratified. The military junta released five laws on March 9, 2010, that will govern the conduct of the 2010 election. They are (1) a law establishing the Union Election Commission; (2) a law setting the conditions for registering political parties to participate in the election; (3) a law concerning the election of the members of the Pyithu Hluttaw ; (4) a law concerning the election of the members of the Amyotha Hluttaw ; and (5) a law concerning the election of members of the state or regional Hluttaws . No specific application deadline has been set for new political parties. Union Election Commission Law

As required by the constitution, the law creates the Union Election Commission, and gives it the authority to supervise the hluttaw elections and Burma's political parties. People who have lived overseas any time during the last 10 years cannot run for office, effectively eliminating the participation of Burma's leaders-in-exile. Comments also pointed to a perceived bias in the Political Parties Registration Law against opposition parties. There has also been criticism of the Union Election Commission Law and the people appointed to the commission. The day after the election laws were released, U.S. Assistant Secretary of State Philip J. Crowley referred to the Political Parties Registration Law as "a step in the wrong direction." Crowley concluded by saying the law "makes a mockery of the democratic process and ensures that the upcoming elections will be devoid of credibility." The Obama Administration's Burma Policy

In September 2009, the Obama Administration announced a change in U.S. policy towards Burma after seven months of review, discussion, and consultation. The new element to the Obama policy is the willingness to engage in direct dialogue with the SPDC on how to promote democracy and human rights in Burma, and greater cooperation on international security issues, such as nuclear nonproliferation and counternarcotics efforts. Outside of the new willingness to engage in direct dialogue, the Obama policy is mostly a continuation of the policies of the two preceding administrations with the same goals—supporting "a unified, peaceful, prosperous, and democratic Burma that respects the human rights of its citizens." The existing U.S. sanctions on Burma—as stipulated in section 570 of the Omnibus Consolidated Appropriations Act, 1997; Burmese Freedom and Democracy Act of 2003; the Tom Lantos Block Burmese JADE Act of 2008; and a series of executive orders —will remain in place "until we see concrete progress towards reform." Nine Senators sent a letter to President Obama on March 26, 2010, urging the imposition of additional economic sanctions on the SPDC in light of the "a set of profoundly troubling election laws." Steps Taken

The 111 th Congress has already taken steps to help achieve U.S. goals in Burma. One possible action would be to hold hearings on the situation in Burma. A fourth possible course of action, if the 111 th Congress determines that decreasing pressure on the SPDC is warranted, would be to remove or reduce some of the existing sanctions on Burma.
On an undisclosed date in 2010, Burma plans to hold its first parliamentary elections in 20 years. The elections are to be held under a new constitution, supposedly approved in a national referendum held in 2008 in the immediate aftermath of the widespread destruction caused by Cyclone Nargis. The official results of the constitutional referendum are widely seen as fraudulent, but despite significant domestic and international opposition, Burma's ruling military junta—the State Peace and Development Council (SPDC)—has insisted on conducting the polls as part of what it calls a path to "disciplined democracy."
On March 9, 2010, the SPDC released five new laws for the pending parliamentary elections. Three of the laws are about the three main types of parliaments stipulated in the constitution—the two houses of the national parliament (Pyidaungsu Hluttaw) and the Regional or State parliaments. The fourth law—the Political Parties Registration Law—sets conditions for the registration and operation of political parties in Burma; the fifth law establishes a Union Election Commission to supervise the parliamentary elections and political parties.
The new laws were quickly subjected to sharp criticism, both domestically and overseas. In particular, the law on political parties was widely denounced for placing unreasonable restrictions on the participation of many opposition political leaders and Burma's Buddhist monks and nuns. U.S. Assistant Secretary of State Philip J. Crowley said the Political Parties Registration Law "makes a mockery of the democratic process and ensures that the upcoming elections will be devoid of credibility." 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.
In late September 2009, the Obama Administration adopted a new policy on Burma. The policy keeps most of the elements of the Burma policies of the last two administrations in place, but adds a willingness to engage in direct dialogue with the SPDC on how to promote democracy and human rights in Burma, and greater cooperation on international security issues, such as counternarcotics efforts and nuclear nonproliferation. The Obama Administration accepts that little progress has been made during the seven months that the new policy has been in effect, but has indicated that it will remain in place for now.
There are signs of concern among Members of Congress about the dearth of progress in Burma towards democracy and greater respect for human rights. Nine Senators sent a letter to President Obama on March 26, 2010, urging the imposition of additional economic sanctions on the SPDC in light of "a set of profoundly troubling election laws." However, another Senator perceives "several substantive gestures" on the part of the SPDC, and suggests it is time to increase engagement with the Burmese government.
The 111th Congress has already taken action with respect to Burma, such as renewing the Burmese Freedom and Democracy Act of 2003. If it were to determine that additional actions should be taken, there are several alternatives available. Among those alternatives are holding hearings or seminars on the political situation in Burma, pushing the Obama Administration to implement existing sanctions on Burma more vigorously, and adding or removing existing sanctions.
This report will be updated as circumstances warrant.