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

<DOC>
                                                       Calendar No. 358
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, Ms. Smith, Mr. 
    Gardner, Mr. Booker, Mr. Perdue, and Mr. Cardin) submitted the 
 following resolution; which was referred to the Committee on Foreign 
                               Relations

                             March 21, 2018

   Reported by Mr. Corker, with an amendment and an amendment to the 
                 preamble and an amendment to the title
[Strike out all after the resolving clause and insert the part printed 
                               in italic]
      [Strike the preamble and insert the part printed in italic]

_______________________________________________________________________

                               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
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 680,000 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 (UN) 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 UN 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, but this process has not yet begun;
Whereas there is concern that up to 100,000 Rohingya could be at risk of forced 
        return into two ``model villages'' or into 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
Now, therefore, be it
    Resolved, That the Senate--
        <DELETED>    (1) condemns the violence and displacement 
        inflicted on Burma's Rohingya and other ethnic 
        minorities;</DELETED>
        <DELETED>    (2) calls for an immediate halt to all hostilities 
        by Burmese authorities;</DELETED>
        <DELETED>    (3) condemns the attacks by the Arakan Rohingya 
        Salvation Army militant group;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (15) calls on the Government of Burma to 
        immediately release journalists Wa Lone and Kyaw Soe 
        Oo.</DELETED>
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 
        respect fundamental human rights, 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) calls on the Government of Burma to allow the United 
        Nations-backed Independent International Fact-Finding Mission 
        on Myanmar immediate and unfettered access to Burma, including 
        northern Rahkine State, to establish the facts and 
        circumstances of the alleged recent human rights violations by 
        Burmese military and security forces against the Rohingya and 
        other ethnic minorities;
            (6) 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 organizations in 
        accessing refugee camps;
            (7) 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;
            (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.
            Amend the title so as to read: ``A 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 ethnic cleansing conducted 
        by the Burmese military.''.




                                                       Calendar No. 358

115th CONGRESS

  2d Session

                              S. RES. 376

_______________________________________________________________________

                               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.

_______________________________________________________________________

                             March 21, 2018

  Reported with an amendment and an amendment to the preamble and an 
                         amendment to the title