[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 635 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
S. RES. 635

   Calling for the immediate release of unjustly imprisoned Myanmar 
 journalists Wa Lone and Kyaw Soe Oo, and expressing concern over the 
       overall deterioration in freedom of the press in Myanmar.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2018

Mr. Merkley (for himself, Mr. Rubio, Mr. Young, Ms. Warren, Mr. Coons, 
 Mr. Durbin, Mr. Cardin, Mr. Lankford, Mr. Wyden, Ms. Collins, and Mr. 
 Markey) submitted the following resolution; which was referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
   Calling for the immediate release of unjustly imprisoned Myanmar 
 journalists Wa Lone and Kyaw Soe Oo, and expressing concern over the 
       overall deterioration in freedom of the press in Myanmar.

Whereas the first amendment to the Constitution of the United States enshrines 
        press freedom as a foundational element of American democracy, declaring 
        that ``Congress shall make no law . . . abridging the freedom of speech, 
        or of the press'';
Whereas Article 19 of the United Nations Universal Declaration of Human Rights, 
        adopted on December 10, 1948, by the United Nations General Assembly, 
        enshrines press freedom as a vital aspect of universal human rights;
Whereas the Department of State's annual Human Rights Report on Burma for the 
        year 2017 states that--

    (1) ``legal provisions that allow the government to manipulate the 
courts for political ends, and these provisions were sometimes used to 
deprive citizens of due process and the right to a fair trial, particularly 
with regards to the freedom of expression'';

    (2) ``The government continued to detain and arrest journalists, 
activists, and critics of the government and the military during the 
year.''; and

    (3) ``Threats against and arrests of journalists increased . . . 
Freedom of expression was more restricted during the year compared with 
2016. This included a higher number of detentions of journalists using 
various laws, including laws carrying more severe punishments than those 
used previously.'';

Whereas, according to PEN America, the discontinuation of Radio Free Asia's 
        broadcasting in Myanmar on a domestic channel constitutes a further 
        shrinking of the space for free expression in the country;
Whereas, additionally, PEN America reports that--

    (1) there continues to be increased legal threats, imprisonment and 
physical harassment of journalists;

    (2) there continues to be restrictions on the ability to report from 
and receive information on conflict areas; and

    (3) the lack of reform of media laws and institutions driving a decline 
in media freedom;

Whereas, beginning in late August 2017, a concerted campaign directed by the 
        Tatmadaw, the official name of the armed forces of Myanmar, was carried 
        out to assault, kill, rape, burn villages, and force Rohingya to flee 
        from Myanmar to Bangladesh;
Whereas approximately 700,000 Rohingya people have fled Myanmar in a period of 
        almost 12 months;
Whereas a 160-page report issued July 19, 2018, by the human rights organization 
        Fortify Rights finds that at least 27 Myanmar Army battalions, 
        comprising up to 11,000 soldiers, along with at least three combat 
        police battalions, comprising an estimated 900 police personnel, were 
        involved in the attacks in northern Rakhine State beginning in August 
        2017, and further finds that these attacks constitute ``preparatory 
        action for genocide and crimes against humanity'' and finds ``that there 
        are `reasonable grounds' to believe the Myanmar Army, Myanmar Police 
        Force, border guards, and non-Rohingya civilian perpetrators committed 
        atrocities that constitute genocide and crimes against humanity and 
        should be held liable for those crimes'';
Whereas earlier Fortify Rights reports have documented the systematic use of 
        torture by Myanmar authorities against Kachin civilians in Kachin State 
        and northern Shan State from June 2011 to April 2014;
Whereas the August 2018 United Nations report of the Independent International 
        Fact-Finding Mission on Myanmar Report states, in paragraph 87 that 
        ``the Mission concluded [. . .] that there is sufficient information to 
        warrant the investigation and prosecution of senior officials in the 
        Tatmadaw chain of command, so that a competent court can determine their 
        liability for genocide in relation to the situation in Rakhine State'';
Whereas, on August 28, 2018, United States Ambassador to the United Nations 
        Nikki Haley reported to the United Nations Security Council that the 
        Department of State had conducted interviews with 1,024 Rohingya 
        refugees in camps throughout Cox's Bazar refugee camp and that the 
        results of the interviews were consistent with the United Nations 
        Independent international fact-finding mission on Myanmar;
Whereas, on September 2, 2017, as part of this brutal campaign, Myanmar security 
        forces aided by local Buddhist villagers in the village of Inn Din in 
        Rakhine state detained and then murdered 10 Rohingya men;
Whereas, Reuters, a highly reputable worldwide news gathering organization, 
        discovered this atrocity as part of its ongoing reporting on the Myanmar 
        military's campaign against the Rohingya, and Reuters journalists Wa 
        Lone and Kyaw Soe Oo were doing fact-checking and interviewing eye-
        witnesses to these and other events;
Whereas, on December 12, 2017, Wa Lone and Kyaw Soe Oo were arrested by police 
        and later charged with illegally possessing secret government documents 
        under the colonial era Official Secrets Act;
Whereas Wa Lone and Kyaw Soe Oo have been in custody from December 12, 2017, to 
        the present, including before, during, and after their trial;
Whereas, one of the key prosecution witnesses in the trial, Police Captain Moe 
        Yan Naing, said in open court on April 20, 2018, that he and others were 
        ordered by the Myanmar police chief to ``trap'' Wa Lone by inviting the 
        journalist to meet them at a restaurant and to give him ``secret 
        documents''--a meeting that Wa Lone attended in the company of his 
        colleague, Kyaw Soe Oo, which led to the immediate arrest of the two 
        journalists;
Whereas Police Captain Moe Yan Naing was subsequently sentenced to one year in 
        jail for violating police discipline;
Whereas, on September 3, 2018, Yangon northern district judge Ye Lwin ruled that 
        Wa Lone and Kyaw Soe Oo breached the colonial-era Official Secrets Act 
        and sentenced them each to seven years in prison with hard labor;
Whereas 83 Myanmar civil society organizations have signed a statement 
        condemning the verdict;
Whereas the people of Myanmar, with assistance from the Department of State and 
        the United States Agency for International Development, have 
        successfully grown their cadre of ethical and hard hitting journalists, 
        journalists who are adhering to the utmost professional standards and 
        able to uncover the abuses being committed in their own country, and 
        these journalists deserve the international community's support and 
        praise for taking on the risky job of fostering press freedom in their 
        country, however nascent it is;
Whereas United States Agency for International Development Administrator Mark 
        Green released a statement calling the convictions ``an enormous setback 
        for democracy and the rule of law in Burma'' and ``urge[d] the 
        Government of Burma to protect journalists and press freedom, which are 
        the bedrocks of democracy and peace'';
Whereas Vice President Mike Pence tweeted his concern over the sentence against 
        Wa Lone and Kyaw Soe Oo for ``doing their job reporting on the 
        atrocities being committed on the Rohingya people'';
Whereas United States Ambassador to the United Nations Nikki Haley described the 
        conviction as ``another terrible stain on the Burmese government'' and 
        called for ``their immediate and unconditional release'';
Whereas freedom of the press enhances public accountability and transparency and 
        therefore promotes adherence to the rule of law and enforcement of 
        universally recognized human rights by all people; and
Whereas freedom of the press is a key component of democratic governance and 
        activism in civil society: Now, therefore, be it
    Resolved, That the Senate--
            (1) calls for all the convictions against Wa Lone and Kyaw 
        Soe Oo to be nullified, for the similar charges against many 
        other journalists currently awaiting trial to be dropped, and 
        for the immediate and unconditional release of these 
        journalists;
            (2) expresses concern about the Government of Myanmar's 
        crackdown on journalists and press freedom throughout the 
        country;
            (3) reaffirms the central role that independent and 
        professional journalism plays in strengthening democratic 
        governance, upholding the rule of law, mitigating conflict, and 
        informing public opinion around the world;
            (4) urges the Secretary of State to make a determination 
        whether the actions by the Myanmar military constitute crimes 
        against humanity or genocide and to work with interagency 
        partners to impose targeted sanctions on Myanmar military 
        officials responsible for these heinous acts through existing 
        authorities; and
            (5) calls on the President and the Secretary of State--
                    (A) to reaffirm the importance of a free press in 
                strengthening democratic governance, upholding the rule 
                of law, mitigating conflict, and informing public 
                opinion around the world; and
                    (B) to engage immediately and at the highest levels 
                with the Government of Myanmar, including by 
                encouraging Aung San Suu Kyi to use her influence to 
                secure the immediate and unconditional release of Wa 
                Lone and Kyaw Soe Oo, as United States leadership is 
                critical to this issue.
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