[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 20 Reported in Senate (RS)]

<DOC>
                                                       Calendar No. 154
118th CONGRESS
  1st Session
S. RES. 20

 Condemning the coup that took place on February 1, 2021, in Burma and 
 the Burmese military'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 Burmese military, 
 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

                            January 31, 2023

   Mr. Cardin (for himself, Mr. Young, Mr. Merkley, Ms. Collins, Mr. 
Kaine, Mr. Van Hollen, Mrs. Shaheen, Mrs. Gillibrand, and Mr. Padilla) 
submitted the following resolution; which was referred to the Committee 
                          on Foreign Relations

                             July 25, 2023

 Reported by Mr. Menendez, 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


 
 Condemning the coup that took place on February 1, 2021, in Burma and 
 the Burmese military'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 Burmese military, 
 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 Burmese military and its aligned Union 
        Solidarity and Development Party (USDP) conducted a 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 Burmese military has detained more than 
        13,000 people for exercising their rights of freedom of speech and 
        assembly and killed more than 2,800 civilians, including children;
Whereas the Burmese military 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 Aung San Suu Kyi was sentenced to 33 years in prison for multiple 
        spurious charges;
Whereas the Burmese military has become the world's second largest detainer of 
        journalists, with over 100 journalists imprisoned since the coup;
Whereas the Burmese military'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 Burmese military and several ethnic armed groups 
        continues, with government forces committing increasingly violent abuses 
        against ethnic Karen, Kayah, Kachin, Chin, Rakhine, Shan, and Rohingya 
        minority populations;
Whereas the Burmese military restricted freedom of movement, telecommunications, 
        and the media, limiting access to information to and from Burma during 
        the COVID-19 pandemic, which exacerbated the political crisis initiated 
        by the February 1, 2021 coup;
Whereas senior generals of the Burmese military 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 Burmese military that fraud played a significant role in 
        determining the outcome of the November 2020 elections;
Whereas Burma's November 2020 elections resulted in the National League for 
        Democracy party securing enough seats in Parliament to form the next 
        government;
Whereas Burmese military general Min Aung Hlaing has announced his intentions 
        for Burmese parliamentary elections to be held by August 1, 2023;
Whereas, without full participation from relevant political forces in the 
        country, including civil society groups and opposition parties, and 
        without a robust presence of credible international observers, the 
        results of any parliamentary election run by the military regime will 
        not gain widespread acceptance, domestically or internationally;
Whereas, in July 2022, the Burmese military executed four male activists accused 
        of aiding insurgents to fight Burma's army following secret trials;
Whereas, in response to the Civil Disobedience Movement's opposition protests, 
        the Burmese military has used live fire, water cannons, and rubber 
        bullets against peace protestors;
Whereas, in December 2021, violent reprisals against peaceful protests resulted 
        in the torture and subsequent deaths of over 40 civilians in Sagaing;
Whereas the Burmese military has a long history of committing atrocities against 
        the people of Burma, including the targeting of specific ethnic groups;
Whereas, as of October 2022, over 943,000 stateless Rohingya refugees reside in 
        Ukhiya and Teknaf Upazilas, Bangladesh, the vast majority of whom live 
        in 34 extremely congested camps;
Whereas, on March 21, 2022, the United States Secretary of State formally 
        determined that members of the Burmese military committed genocide and 
        crimes against humanity against Rohingya in 2016 and 2017;
Whereas the Association of Southeast Asian Nations (ASEAN) and ASEAN member 
        states continue to play an important role in addressing the crisis in 
        Burma, including through the provision of humanitarian assistance in 
        Burma and by preventing junta leadership from participating in ASEAN 
        meetings, absent progress on the 5 Point Consensus;
Whereas United Nations Special Rapporteur on the Situation of Human Rights in 
        Myanmar Thomas H. Andrews and Special Envoy of the Secretary-General on 
        Myanmar Noeleen Heyzer continue to provide ongoing reporting and 
        analysis of the dire and deteriorating situation for the men, women, and 
        children of Burma, inside the country and as refugees, including through 
        presentations to the United Nations Human Rights Council and the United 
        Nations General Assembly, and through reports that document the 
        illegitimacy of the Burmese junta and urge member states to engage in 
        coordinated sanctions and weapon embargos against the junta;
Whereas the Independent Investigative Mechanism for Myanmar continues to 
        collect, consolidate, preserve, and analyze evidence of serious 
        international crimes and violations of international law committed in 
        Myanmar since 2011, and helps to facilitate and expedite fair and 
        independent criminal proceedings; and
Whereas, in December 2022, the United Nations Security Council adopted 
        Resolution 2669 on Burma, the first resolution on Burma since the 
        country was admitted as a member state in 1948, calling for the 
        immediate end to all forms of violence and urging restraint and the 
        release of all prisoners: Now, therefore, be it
Whereas, on February 1, 2021, Burma's military regime and its aligned Union 
        Solidarity and Development Party (USDP) conducted a coup against the 
        civilian government of Burma 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, Burma's military regime has detained more than 
        13,000 people for exercising their rights of freedom of speech and 
        assembly and killed more than 2,800 civilians, including children;
Whereas Burma's military regime 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, in March 2023, Burma's military regime-controlled Union Election 
        Commission abolished 40 political parties on legally spurious grounds, 
        including the National League for Democracy;
Whereas Burma's military regime has become one of the world's largest detainer 
        of journalists, with over 100 journalists imprisoned since the coup;
Whereas the actions of Burma's military regime 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 Burma's military regime and several ethnic armed groups 
        continues, with government forces committing increasingly violent abuses 
        against ethnic Karen, Kayah, Kachin, Chin, Rakhine, Shan, and Rohingya 
        minority populations;
Whereas senior generals of Burma's military regime have been sanctioned by the 
        United States Government for serious human rights abuses and for their 
        role in the coup;
Whereas cases of Burma's military regime and individual members of the security 
        forces responsible for atrocities are being investigated and adjudicated 
        in ongoing judicial processes, including at the International Criminal 
        Court and the International Court of Justice;
Whereas, in December 2021, violent reprisals against peaceful protests resulted 
        in the torture and subsequent deaths of over 40 civilians in Sagaing;
Whereas Burma's military regime has a long history of committing atrocities 
        against people across Burma, including the targeting of specific ethnic 
        groups;
Whereas, on March 21, 2022, the United States Secretary of State announced his 
        determination that members of Burma's military regime committed genocide 
        and crimes against humanity against Rohingya; and
Whereas the governments of the People's Republic of China and the Russian 
        Federation have taken advantage of the coup to extend their own security 
        interests and commercial priorities, neither of which are in the 
        interest of the people of Burma, the United States, or the military and 
        economic interests of the United States in the Indo-Pacific: Now, 
        therefore, be it
    Resolved, That the Senate--
        <DELETED>    (1) supports the people of Burma in their quest 
        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;</DELETED>
        <DELETED>    (2) calls on the Burmese military to--</DELETED>
                <DELETED>    (A) immediately and unconditionally 
                release all political prisoners detained as a result of 
                the coup on February 1, 2021;</DELETED>
                <DELETED>    (B) immediately restore all forms of 
                communication, including access to the internet without 
                surveillance;</DELETED>
                <DELETED>    (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 Burmese military;</DELETED>
                <DELETED>    (D) remove all impediments to free travel 
                that have been imposed as a result of the 
                coup;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (F) allow for freedom of expression, 
                including the right to protest, peaceful assembly, 
                press freedom, and freedom of movement; and</DELETED>
                <DELETED>    (G) allow unfettered reporting from local, 
                national, and international media;</DELETED>
        <DELETED>    (3) calls on social media companies to suspend the 
        accounts of the Union Solidarity and Development Party and the 
        Burmese military that have used their platforms to spread 
        disinformation, fear, and threats of violence;</DELETED>
        <DELETED>    (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 Burmese military;</DELETED>
        <DELETED>    (5) expresses grave concern for the safety and 
        security of the more than 1,000,000 internally displaced 
        persons (referred to in this resolution as ``IDPs'') and 
        refugees who have been displaced by the Burmese military and 
        now face challenging conditions in camps;</DELETED>
        <DELETED>    (6) expresses grave concern for the 17,600,000 
        people of Burma who are in need of humanitarian aid, including 
        the 1,500,000 IDPs in Burma, of which some 165,000 remain in 
        the southeast, adding to those already displaced in Rakhine, 
        Chin, Shan, and Kachin states;</DELETED>
        <DELETED>    (7) appreciates the generosity of Burma's 
        neighboring countries, including Thailand, India, and 
        Bangladesh, and encourages them to meaningfully assist refugees 
        who have fled and continue to flee the Burmese military, 
        including through the delivery of cross-border humanitarian 
        assistance and with recognition of the protracted nature of the 
        conflict; and</DELETED>
        <DELETED>    (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), the BURMA Act of 2022 (subtitle E of title LV of 
        division E of Public Law 117-263), and any similar or successor 
        law governing United States foreign assistance following a 
        coup, and to immediately--</DELETED>
                <DELETED>    (A) impose targeted restrictions aimed at 
                the Burmese military, military-owned or controlled 
                enterprises, and those responsible for the February 1, 
                2021, coup;</DELETED>
                <DELETED>    (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 any military-run 
                elections announced by the junta, and take steps to 
                ensure that international economic engagement in Burma 
                does not contribute to human rights abuses or benefit 
                individuals connected to the coup;</DELETED>
                <DELETED>    (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 the civilian-
                controlled parliament reflecting the November 8, 2020, 
                election results;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (E) empower 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 through 
                nonviolent efforts, including channeling aid through 
                local civil society organizations along the Thai and 
                Indian borders that are not controlled by the junta, 
                while simultaneously denying legitimacy and resources 
                to the junta;</DELETED>
                <DELETED>    (F) promote national reconciliation among 
                the diverse ethnic and religious groups in 
                Burma;</DELETED>
                <DELETED>    (G) counter support to the junta by the 
                People's Republic of China and the Russian Federation 
                and other supporters of the military regime; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
That the Senate--
            (1) supports the people of Burma in their quest for 
        democracy, sustainable peace, and genuine ethnic and religious 
        reconciliation, including for members of ethnic and religious 
        groups whose human rights have been violated repeatedly and who 
        have been disenfranchised historically;
            (2) calls on Burma's military regime to--
                    (A) immediately and unconditionally release all 
                political prisoners detained as a result of the coup on 
                February 1, 2021;
                    (B) immediately restore all forms of communication, 
                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 
                Burma's military regime;
                    (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 the exercise of freedoms of 
                expression, including with respect to press freedoms 
                and the freedom of peaceful assembly, and freedom of 
                movement; and
                    (G) allow unfettered reporting from local, 
                national, and international media;
            (3) calls on social media companies to take action with 
        respect to the accounts of the Union Solidarity and Development 
        Party and Burma's military regime that have used their 
        platforms to spread disinformation, fear, and threats of 
        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 
        military regime;
            (5) expresses grave concern for the safety and security of 
        the more than 1,000,000 internally displaced persons (referred 
        to in this resolution as ``IDPs'') and refugees who have been 
        displaced by Burma's military regime and now face challenging 
        conditions in camps or makeshift communities disconnected from 
        humanitarian routes and access;
            (6) expresses grave concern for the 17,600,000 people of 
        Burma who are in need of humanitarian aid, including the 
        1,500,000 IDPs in Burma, of which some 165,000 remain in the 
        southeast, adding to those already displaced in Rakhine, Chin, 
        Shan, and Kachin states;
            (7) appreciates the generosity of Burma's neighboring 
        countries, including Thailand, India, and Bangladesh, and 
        encourages them to meaningfully assist refugees who have fled 
        and continue to flee Burma's military regime, including through 
        the delivery of cross-border humanitarian assistance and with 
        recognition of the protracted nature of the conflict;
            (8) encourages the Association of Southeast Asian Nations 
        (ASEAN) and ASEAN member states to take a more active role 
        asserting the unacceptable nature of the junta's coup and 
        continued oppression of the people of Burma, including, if 
        necessary, reconsidering their commercial relations with the 
        junta and state-owned or -controlled enterprises in Burma, 
        especially where commercial and business arrangements serve as 
        obstacles to action by ASEAN member states; and
            (9) calls on the President, the Secretary of State, and the 
        Secretary of Defense to fully implement the BURMA Act of 2022 
        (subtitle E of title LV of division E of Public Law 117-263), 
        and any similar or successor law or other law addressing United 
        States foreign assistance following a coup, and to 
        immediately--
                    (A) impose targeted restrictions aimed at the 
                military regime, military-owned or -controlled 
                enterprises, and those responsible for the February 1, 
                2021 coup;
                    (B) prioritize in bilateral and multilateral 
                diplomacy, including at the United Nations, with United 
                States' allies in the region, and with ASEAN, the 
                condemnation of the coup and its international enablers 
                and delegitimization of the junta and any military-run 
                elections announced by the junta;
                    (C) take steps to ensure that international 
                economic engagement in Burma does not contribute to 
                human rights abuses or benefit individuals connected to 
                the coup;
                    (D) 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 wrongfully 
                detained in the February 1, 2021 coup are released and 
                there has been a full restoration of the civilian-
                controlled parliament;
                    (E) use the voice and vote of the United States on 
                the United Nations Security Council and in other 
                multilateral and bilateral fora to bring about greater 
                international cooperation and support for the pursuit 
                of justice and accountability in Burma;
                    (F) empower 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, including the 
                provision of non-lethal assistance, including to Ethnic 
                Armed Organizations and People's Defense Forces, 
                consistent with the BURMA Act (subtitle E of title LV 
                of division E of Public Law 117-263) and channeling aid 
                through local civil society organizations along the 
                Thai and Indian borders that are not controlled by the 
                junta, while simultaneously denying legitimacy and 
                resources to the junta;
                    (G) promote national reconciliation among the 
                diverse ethnic and religious groups in Burma;
                    (H) counter moral and material support to the junta 
                by the People's Republic of China and the Russian 
                Federation and other supporters of the military regime, 
                including through the voice and vote of the United 
                States at the United Nations Security Council and other 
                multilateral fora; and
                    (I) 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.
            Amend the title so as to read: ``A resolution condemning 
        the coup that took place on February 1, 2021, in Burma and the 
        military regime'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 
        military regime, and calling for those elected to serve in 
        parliament to resume their duties without impediment, and for 
        other purposes.''.




                                                       Calendar No. 154

118th CONGRESS

  1st Session

                               S. RES. 20

_______________________________________________________________________

                               RESOLUTION

 Condemning the coup that took place on February 1, 2021, in Burma and 
 the Burmese military'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 Burmese military, 
 and calling for those elected to serve in parliament to resume their 
           duties without impediment, and for other purposes.

_______________________________________________________________________

                             July 25, 2023

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