[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 701 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. RES. 701
Urging the Government of Burma to hold free, fair, inclusive,
transparent, participatory, and credible elections on November 8, 2020.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 17, 2020
Mr. Cardin (for himself, Mr. Young, Mr. Van Hollen, Mr. Cramer, Mr.
Durbin, Mrs. Blackburn, Mr. Merkley, Mr. Wyden, Mrs. Gillibrand, and
Mr. Markey) submitted the following resolution; which was referred to
the Committee on Foreign Relations
_______________________________________________________________________
RESOLUTION
Urging the Government of Burma to hold free, fair, inclusive,
transparent, participatory, and credible elections on November 8, 2020.
Whereas the Union Election Commission of Burma announced that the country will
hold general elections on November 8, 2020;
Whereas Burma's previous elections were characterized by controversy, conflict,
and disenfranchisement instigated by the military of Burma (the
``Tatmadaw''), including in May 1990, November 2010, the April 2012
special elections, and November 2015;
Whereas the ongoing Tatmadaw offensives in Rakhine, southern Chin, Kachin, and
northern Shan states continue to cause significant displacement of
ethnic groups, creating substantial challenges for the Union Election
Commission to generate a verified comprehensive voter list and set up
polling stations in conflict affected areas;
Whereas provisions in the 2008 Constitution of Burma allocate 25 percent of
parliamentary seats to the military, conferring exceptional powers to
the Tatmadaw and thereby affording the Tatmadaw considerable power to
suppress basic rights, including freedoms of expression, assembly, and
association;
Whereas constitutional amendments proposed by the Union Parliament's Charter
Amendment Committee that aimed to democratize the Burmese Constitution
and ensure equal rights, including voting rights, for all citizens of
Burma were defeated by military lawmakers, further enabling the military
to exercise outsized power and influence the country's electoral
processes;
Whereas the National League of Democracy political party has repeatedly failed
to uphold and protect the rights of ethnic and religious minorities
since coming to power in 2015;
Whereas, as of March 31, 2020, during the first four years of Aung San Suu Kyi's
civilian government, over 500 lawsuits against more than 1,000
individuals have used Burma's legal system to repress peaceful
expressions critical of the Tatmadaw, civilian government, and Aung San
Suu Kyi, resulting in the imprisonment of journalists, such as Reuters
reporters Wa Lone and Kyaw Soe Oo, ethnic activists, and student
protestors;
Whereas the Political Parties Registration Law of 2010 limits the right to form
and join political parties only to full citizens, thereby severely
curtailing the political participation of religious and ethnic
minorities, including Rohingya, those of Chinese and Indian descent,
internally displaced populations across Rakhine, Kachin, and Shan
states, and Burmese refugees in Thailand, Bangladesh, and elsewhere in
the region, many of whom had citizenship documents canceled and who face
multiple hurdles in gaining citizenship documentation;
Whereas the Government of Burma instituted a blackout, that is still ongoing as
of September 1, 2020, of mobile internet services and restricted
internet service quality in Rakhine and Chin States, beginning in June
2019, thereby inhibiting the ability to hold free and fair elections in
these areas and further exacerbating difficulties in aid distribution
and access to potentially life-saving information since the onset of
COVID-19;
Whereas the Government of Burma continues to curtail freedom of the press and
civil society--which are critical foundations for free and fair
elections--as evidenced by government directives to block independent
and ethnic media sites, and the anticipated restrictions by the Union
Election Commission on voter education and election observation
activities;
Whereas Burma's 2015 election saw the disenfranchisement of significant segments
of the population, particularly of Rohingya ethnicity, but also
including those of Chinese and Indian descent, Muslims, and other
internally displaced persons;
Whereas ongoing conflict in 2015 was used to justify the cancellation of
elections in 7 townships and more than 400 ward and village tracts,
mostly in Kachin, Shan, and Kayin states;
Whereas Burma's 1982 citizenship law stripped Rohingya of their Burmese
citizenship and subsequent policies rendered them stateless and
disenfranchised, despite having the right to vote as recently as 2010
and ability to serve in parliament as recently as 2015;
Whereas in 2017, the Tatmadaw commenced a genocide against Rohingya civilians in
Rakhine state, causing over 740,000 Rohingya refugees to flee into
Bangladesh, joining over 200,000 who had been previously displaced in
prior waves of anti-Rohingya violence, resulting in more than 1,000,000
Rohingya refugees not present in Burma for the election;
Whereas the Government of Burma has not created conditions conducive to
repatriation and political and electoral participation of Rohingya
refugees and has not made progress on the most crucial of the 88
recommendations of the Rakhine Advisory Commission identified by
Rohingya refugees as prerequisites to voluntary repatriation, including
freedom of movement, provision of civil documentation, and a transparent
pathway to restoration of full citizenship;
Whereas the Tatmadaw's senior generals have been sanctioned by the United States
Government for perpetrating gross human rights violations and are
subject to ongoing investigations into their conduct by both the
International Criminal Court and the International Court of Justice; and
Whereas the United Nations Special Rapporteur on the Situation of Human Rights
in Myanmar stated on July 13, 2020, ``The people of Myanmar deserve a
free and fair election this November and this includes respect for the
right to vote regardless of one's race, ethnicity or religion, freedom
of expression and assembly, and access to information and a free press.
It will also require that steps are taken now to assure that those in
conflict areas will be able to exercise their rights.'': Now, therefore,
be it
Resolved, That the Senate--
(1) recognizes the importance of free, fair, inclusive,
transparent, participatory, and credible elections in Burma and
that the 2020 elections mark a critical juncture in Burma's
democratic process;
(2) stands with the people of Burma in their ambition for
sustainable peace, a genuine democracy, and the realization of
fundamental human rights for all;
(3) calls upon the President and the Secretary of State
to--
(A) support Burma's democratic transition,
including by emphasizing the importance to that
transition of this election as well as of the
Government of Burma undertaking a credible and
sustainable process of genuine national and ethnic
reconciliation;
(B) support free, fair, inclusive, transparent,
participatory, and credible elections in Burma,
including by working to ensure that the Tatmadaw and
its affiliates do not interfere with vigorous public
debate or the mechanism of the electoral process and
that other government officials do not use official
resources for electioneering;
(C) call for a ceasefire in all Burmese states and
localities to ensure that conflict is not used as an
excuse to deny people the right to vote;
(D) support the right to vote for internally
displaced persons, refugees, and other Burmese
communities outside of Burma, with specific attention
to the disenfranchised Rohingya people;
(E) condemn any action taken by the government,
political parties, military, or Union Election
Commission to limit civil society participation in the
election, including prohibitions on voter education and
election observation, or otherwise restrict civil
society or humanitarian space in the lead up to the
election or in the post-election period;
(F) ensure that United States-based social media
companies, including Facebook, not allow their
platforms to be used as vehicles for spreading
misinformation or advocating violence or voter
intimidation to suppress voter participation; and
(G) ensure that the Department of State's 2020
Country Report on Human Rights Practices includes an
extensive evaluation of the Burmese election, including
an assessment of inclusivity, participation, and
interference;
(4) calls upon the United States Government, in partnership
with the international community, to ensure that the Union
Election Commission functions as an independent electoral
management body that establishes a regulatory framework that
fosters fair, open, and transparent electoral processes, and
that the Tatmadaw publicly affirms that it will honor the
results of such elections;
(5) calls upon the Secretary of State and the Administrator
of the United States Agency for International Development to
work with like-minded regional and international organizations,
such as the International Foundation for Electoral Systems, the
International Institute for Democracy and Electoral Assistance,
the Asian Network for Free Elections, People's Alliance for
Credible Elections (PACE), and the Carter Center, to ensure
that the general elections in Burma meet international
standards of free and fair elections, including by seeking full
and unimpeded access to all aspects of the electoral process
for international and domestic observers; and
(6) calls on the President to consider sanctioning
individuals within the Government of Burma, the Tatmadaw, and
among military associated businesses and ultranationalist
groups, whom the United States Government determines undermine
free, fair, inclusive, transparent, participatory, and credible
elections in Burma or the safety of such elections.
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