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