[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 35 Agreed to Senate (ATS)]

<DOC>






117th CONGRESS
  2d Session
S. RES. 35

 Condemning the military coup that took place on February 1, 2021, in 
Burma and the Tatmadaw's detention of civilian leaders, calling for an 
 immediate and unconditional release of all those detained, promoting 
   accountability and justice for those killed by the Tatmadaw, and 
calling for those elected to serve in parliament to resume their duties 
              without impediment, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2021

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

                             March 24, 2021

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

                            February 1, 2022

  Considered, amended, and agreed to with an amended preamble and an 
                         amendment to the title

_______________________________________________________________________

                               RESOLUTION


 
 Condemning the military coup that took place on February 1, 2021, in 
Burma and the Tatmadaw's detention of civilian leaders, calling for an 
 immediate and unconditional release of all those detained, promoting 
   accountability and justice for those killed by the Tatmadaw, and 
calling for those elected to serve in parliament to resume their duties 
              without impediment, and for other purposes.

Whereas, on February 1, 2021, the military of Burma (the ``Tatmadaw'') and its 
        aligned Union Solidarity and Development Party (USDP) conducted a 
        military coup against the civilian government hours before Parliament 
        was to convene in a new session, resulting in the military junta 
        illegally detaining State Counsellor Aung San Suu Kyi, President Win 
        Myint, and members of Parliament, as well as pro-democracy activists 
        from the 88 Generation and other civil society leaders;
Whereas, since February 1, 2021, the Tatmadaw has detained more than 11,000 
        people for exercising their rights of freedom of speech and assembly and 
        killed more than 1,400 civilians, including children;
Whereas the Tatmadaw has put the democratically-elected civilian leadership of 
        Burma, including President Win Myint and State Counsellor Aung San Suu 
        Kyi, through sham trials for fabricated crimes and sentenced them to 
        lengthy prison terms in order to remove them from political competition;
Whereas the Tatmadaw has become the world's second largest detainer of 
        journalists, with over 100 journalists imprisoned since the military 
        coup;
Whereas the Tatmadaw's actions have driven hundreds of thousands from their 
        homes and driven thousands to flee across Burma's borders into Thailand, 
        India, and Bangladesh;
Whereas fighting between the Tatmadaw and several ethnic armed groups continues, 
        with government forces committing increased abuses against ethnic Karen, 
        Kayah, Kachin, Chin, Rakhine, Shan, and Rohingya minority populations;
Whereas the Tatmadaw restricted freedom of movement, telecommunications, and the 
        media, limiting access to information to and from Burma during a 
        political and public health crisis;
Whereas senior generals of the Tatmadaw have been sanctioned by the United 
        States Government for serious human rights abuses and for their role in 
        the coup and are subject to ongoing investigations into their conduct by 
        the International Criminal Court and the International Court of Justice;
Whereas, on January 28, 2021, the Union Election Commission rejected allegations 
        by the Tatmadaw that fraud played a significant role in determining the 
        outcome of the November 2020 elections;
Whereas Burma's November 8, 2020, elections resulted in the National League for 
        Democracy party securing enough seats in Parliament to form the next 
        government;
Whereas the Tatmadaw has a long history of committing atrocities against the 
        people of Burma, including the targeting of specific ethnic groups; and
Whereas senior United States officials have committed to making a determination 
        of whether such atrocities constitute genocide: Now, therefore, be it
    Resolved, That the Senate--
            (1) supports the people of Burma in their ambition for 
        democracy, sustainable peace, and genuine ethnic and religious 
        reconciliation, and the realization of internationally 
        recognized human rights for all, including for ethnic and 
        religious groups whose human rights have been violated 
        repeatedly and who have been disenfranchised historically;
            (2) calls on the Tatmadaw to--
                    (A) immediately and unconditionally release all 
                political prisoners detained as a result of the 
                military coup on February 1, 2021;
                    (B) immediately restore all forms of 
                communications, including access to the internet 
                without surveillance;
                    (C) immediately end the use of violence and allow 
                for a legal process for accountability and justice for 
                those unlawfully detained, injured, and killed by the 
                Tatmadaw;
                    (D) remove all impediments to free travel that have 
                been imposed as a result of the coup;
                    (E) return to power all members of the civilian 
                government elected in the November 8, 2020, elections 
                and allow them to fulfill their mandate without 
                impediment;
                    (F) allow for freedom of expression, including the 
                right to protest, peaceful assembly, press freedom, and 
                freedom of movement; and
                    (G) allow unfettered reporting from local, 
                national, and international media;
            (3) calls on social media companies to suspend the accounts 
        of the Union Solidarity and Development Party and the Tatmadaw 
        that have used their platforms to spread disinformation, fear, 
        and psychological violence;
            (4) supports the use of all diplomatic, economic, and 
        development tools to ensure that vulnerable groups, including 
        ethnic and religious groups, as well as all children, youth, 
        and teachers in educational settings are safe, and schools and 
        universities are not targeted for attacks or use by the 
        Tatmadaw;
            (5) expresses grave concern for the safety and security of 
        hundreds of thousands of internally displaced persons (referred 
        to in this resolution as ``IDPs'') and refugees who have been 
        displaced by the Tatmadaw and now face challenging conditions 
        in camps;
            (6) expresses grave concern for the 3,000,000 people of 
        Burma who are in need of humanitarian aid, including the 
        223,000 IDPs in Burma, of which 165,000 remain in the 
        southeast, adding to those already displaced in Rakhine, Chin, 
        Shan and Kachin states;
            (7) encourages Burma's neighboring countries, including 
        Thailand, India, and Bangladesh, to meaningfully assist 
        refugees who have fled and continue to flee the Tatmadaw;
            (8) calls on the President, the Secretary of State, and the 
        Secretary of Defense to fully implement section 7008 of the 
        Department of State, Foreign Operations, and Related Programs 
        Appropriations Act, 2021 (division K of Public Law 116-260) and 
        any similar or successor law governing United States foreign 
        assistance following a coup d'etat, and to immediately--
                    (A) impose targeted restrictions aimed at the 
                Tatmadaw, military-owned or controlled enterprises, and 
                those responsible for the February 1, 2021, coup;
                    (B) work with the international community, 
                including at the United Nations Security Council, with 
                United States allies in the region, and with the 
                Association of Southeast Asian Nations, to condemn the 
                coup, delegitimize the junta, and take steps to ensure 
                that international economic engagement in Burma does 
                not contribute to human rights abuses and benefit 
                individuals connected to the coup;
                    (C) support conditionality on diplomatic, economic, 
                and security relations with Burma, including using the 
                voice and vote of the United States at multilateral 
                development institutions, until all those detained in 
                the February 1, 2021, coup are released and there has 
                been a full restoration of civilian-controlled 
                parliament respecting the November 8, 2020, election 
                results;
                    (D) utilize the United States Government's position 
                on the United Nations Security Council to bring about 
                greater international cooperation in the pursuit of 
                justice and accountability in Burma;
                    (E) legitimize and provide assistance to the 
                National Unity Government of the Republic of the Union 
                of Myanmar, the National Unity Consultative Council, 
                the Civil Disobedience Movement in Myanmar, and other 
                entities promoting democracy in Burma, while 
                simultaneously denying legitimacy and resources to the 
                junta;
                    (F) promote national reconciliation among the 
                diverse ethnic and religious groups in Burma;
                    (G) counter support to the junta by the People's 
                Republic of China and the Russian Federation; and
                    (H) secure the restoration of democracy, the 
                establishment of an inclusive and representative 
                civilian government and a reformed military reflecting 
                the diversity of Burma and under civilian control, and 
                the enactment of constitutional, political, and 
                economic reform in Burma; and
            (9) urges the Secretary of State to swiftly conduct an 
        Interagency Process and issue a determination as to whether the 
        targeting and murder of innocent civilians by the Tatmadaw 
        during and after the February 1, 2021, coup d'etat, 
        specifically those associated with ethnic and religious groups 
        in Burma, and crimes committed by the Tatmadaw against such 
        ethnic and religious groups prior to the coup constitute crimes 
        against humanity or genocide.
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