[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 376 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
S. RES. 376

  Urging the Governments of Burma and Bangladesh to ensure the safe, 
 dignified, voluntary, and sustainable return of the Rohingya refugees 
 who have been displaced by the campaign of ethnic cleansing conducted 
                        by the Burmese military.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 23, 2018

   Mr. Merkley (for himself, Mr. Young, Mr. Kaine, Mr. McCain, Mrs. 
  Feinstein, Mr. Tillis, Mr. Durbin, Mr. Van Hollen, Mr. Markey, Mr. 
  Wyden, Mr. Rubio, Ms. Warren, Mr. Brown, Mr. Coons, and Ms. Smith) 
submitted the following resolution; which was referred to the Committee 
                          on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
  Urging the Governments of Burma and Bangladesh to ensure the safe, 
 dignified, voluntary, and sustainable return of the Rohingya refugees 
 who have been displaced by the campaign of ethnic cleansing conducted 
                        by the Burmese military.

Whereas, on August 25, 2017, attacks on security posts in Burma by the military 
        group Arakan Rohingya Salvation Army resulted in a brutal, systematic, 
        and disproportionate reprisal by the Burmese military and security 
        forces on Rohingya villages in Rakhine State;
Whereas more than 650,000 Rohingya refugees have fled to Bangladesh since the 
        Burmese military commenced its scorched-earth campaign, with the burning 
        of villages and local monuments, and reports of widespread gang rape, 
        starvation, killing, and forcible deportation;
Whereas the Government of Burma has consistently denied access to the United 
        Nations Fact-Finding Mission on Myanmar established to investigate human 
        rights violations around the country;
Whereas Bangladesh Prime Minister Sheikh Hasina proposed that ``safe zones'' be 
        created inside Burma to protect all civilians irrespective of religion 
        and ethnicity under United Nations (U.N.) supervision;
Whereas the United Nations High Commissioner for Refugees (UNHCR)'s mandate is 
        to provide, in collaboration with other actors, international protection 
        to refugees and to assist them in finding durable solutions through 
        voluntary repatriation, local integration, or resettlement;
Whereas the U.N. General Assembly has repeatedly affirmed UNHCR's function of 
        facilitating the voluntary repatriation of refugees and, in recognition 
        of the importance of sustainable return, has widened its mandate to 
        include providing assistance for their rehabilitation and dealing with 
        the consequences of their return;
Whereas the fundamental operational principles of voluntary repatriation are 
        safety, to include legal and physical safety, and dignity, to include 
        treatment with respect and full acceptance by their national 
        authorities, including the full restoration of refugees' rights;
Whereas, on November 23, 2017, the Government of Burma and the Government of 
        Bangladesh signed an agreement, known as the ``Arrangement'', on the 
        return of displaced persons from Rakhine State, which is modeled after 
        the 1992 repatriation agreement between Burma and Bangladesh;
Whereas the Arrangement includes references to restoring normalcy and human 
        rights in Rakhine State, for refugee returns to comply with 
        international standards of safety, dignity, and voluntariness, and to 
        commencing a process to address root causes in line with the Rakhine 
        Advisory Commission recommendations;
Whereas approximately 236,000 Rohingya refugees returned to Burma under the 
        terms of the 1992 agreement, only to continue to be denied citizenship, 
        face prejudice, violence, and persecution, and in many instances be 
        forced to live in internally displaced persons (IDP) camps with their 
        freedom of movement restricted;
Whereas Burma's 1982 citizenship law stripped Rohingya of their Burmese 
        citizenship, rendering them stateless;
Whereas the Government of Burma continues to systematically discriminate against 
        the Rohingya people, including by continuing to restrict registration of 
        Rohingya births and to deny them freedom of movement, access to 
        healthcare, land, education, marriage, voting rights, and political 
        participation;
Whereas the Government of Burma has repeatedly abused land use laws to unjustly 
        seize land from Rohingya refugees;
Whereas UNHCR is working closely with the Government of Bangladesh and partners 
        to provide protection and assistance to the Rohingya refugees and to 
        support the host populations affected by the influx;
Whereas the Government of Burma has not reached an agreement with UNHCR on its 
        role in the safe, dignified, and voluntary return of Rakhine State 
        refugees;
Whereas Myanmar Minister of Social Welfare, Relief and Resettlement Dr. Win Myat 
        Aye, on December 28, 2017, announced that the repatriation process will 
        begin on January 22, 2018;
Whereas there is concern that up to 100,000 Rohingya could be at risk of forced 
        return into two ``model villages'' or supported by 1,200 tents provided 
        by the Government of Burma, without assurances of their safety or 
        details regarding long-term solutions to address root causes of Rohingya 
        disenfranchisement;
Whereas ``model villages'' and similar tactics in Burma dating back to colonial 
        rule have been used to strategically shift population groups and deepen 
        religious and cultural divides;
Whereas, on December 12, 2017, Wa Lone and Kyaw Soe Oo, two journalists 
        reporting and documenting atrocities against the Rohingya, were arrested 
        and on January 10, 2018, formally prosecuted with violating the 
        ``Official Secrets Act,'' further risking Burma's democratic transition;
Whereas UNHCR, as of December 17, 2017, reports that conditions in Burma's 
        Rakhine State are not yet conducive to enable safe and sustainable 
        return, as refugees continue to flee Rakhine State into neighboring 
        Bangladesh;
Whereas UNHCR reports that those who arrive have suffered immense violence and 
        trauma in Burma, with some having witnessed the deaths of family members 
        and friends and most having little or nothing to return to, with their 
        homes and villages destroyed; and
Whereas there is concern that deep divisions between communities remain 
        unaddressed and humanitarian access is inadequate: Now, therefore, be it
    Resolved, That the Senate--
            (1) condemns the violence and displacement inflicted on 
        Burma's Rohingya and other ethnic minorities;
            (2) calls for an immediate halt to all hostilities by 
        Burmese authorities;
            (3) condemns the attacks by the Arakan Rohingya Salvation 
        Army militant group;
            (4) calls on the Government of Burma to allow full access 
        to Rakhine State and ensure the full participation of UNHCR, 
        the internationally endorsed organization tasked with ensuring 
        that refugee returns are voluntary, safe, dignified, and meet 
        international refugee and human rights standards, and that the 
        voices of refugees are represented in order to ensure the 
        sustainability of such returns and to prevent further waves of 
        displacement;
            (5) commends the positive role of the Government of 
        Bangladesh in receiving Rohingya refugees to date and urges the 
        Government of Bangladesh to continue allowing the full 
        participation of UNHCR and human rights organization in 
        accessing refugee camps;
            (6) calls on UNHCR and international nongovernmental 
        organizations to play a role in monitoring repatriation efforts 
        by the Governments of Bangladesh and Burma to ensure a process 
        that meets international norms for voluntary, safe, and 
        dignified repatriation;
            (7) calls on the U.N. to consider the feasibility of 
        Bangladesh's proposal for a ``safe zone'' or for a peacekeeping 
        mission to protect and defend vulnerable communities under 
        international supervision;
            (8) agrees that any return of Rohingya should include 
        guarantees that any returns of refugees will be voluntary and 
        dignified, that there will be no threats to protection or 
        security upon return, that refugees will be able to return to 
        their places of origin or other locations as desired, and be 
        able to enjoy equal rights with others in Burma, including the 
        restoration or granting of full citizenship, freedom of 
        movement, and access to basic services;
            (9) recognizes that any forced relocation of Rohingya 
        refugees into temporary settlements, IDP camps, ``model 
        villages,'' or other areas not of refugees' choosing is 
        unacceptable;
            (10) calls on the Government of Burma to allow for a 
        flexible and practical approach to dealing with evidence of 
        Rohingya residence in Burma, recognizing that the Rohingya 
        refugees in Bangladesh possess a wide range of documents and 
        that some refugees have no documents and will need to establish 
        their residence by other means;
            (11) calls on the Government of Burma to address root 
        causes consistent with the Rakhine Advisory Commission 
        recommendations and fully implement all of the recommendations 
        of the Commission, including providing equal access to full 
        restoration or granting of full citizenship for the Rohingya 
        population;
            (12) calls on the Government of Burma to acknowledge and 
        address the issue of statelessness for the Rohingya, the 
        deprivation of rights, and institutionalized and pervasive 
        discrimination of the Rohingya population in order to bring 
        about any sustainable solutions;
            (13) commends the Government and the people of Bangladesh 
        for their extraordinary generosity and efforts to provide 
        shelter and relief for nearly 1,000,000 Rohingya refugees 
        forced to flee their homes in Burma;
            (14) calls on the Government of Bangladesh to ensure all 
        refugees have freedom of movement and under no circumstances 
        are subject to unsafe, involuntary, precipitous, or uninformed 
        returns to Burma; and
            (15) calls on the Government of Burma to immediately 
        release journalists Wa Lone and Kyaw Soe Oo.
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