[Congressional Record Volume 164, Number 16 (Tuesday, January 23, 2018)]
[Senate]
[Pages S468-S469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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 SENATE RESOLUTION 376--URGING THE GOVERNMENTS OF BURMA AND BANGLADESH 
TO ENSURE THE SAFE, DIGNIFIED, VOLUNTARY, AND SUSTAINABLE RETURN OF THE 
  ROHINGYA REFUGEES WHO HAVE BEEN DISPLACED BY THE CAMPAIGN OF ETHNIC 
              CLEANSING CONDUCTED BY THE BURMESE MILITARY

  Mr. MERKLEY (for himself, Mr. Young, Mr. Kaine, Mr. McCain, Mrs. 
Feinstein, Mr. Tillis, Mr. Durbin, Mr. Van Hollen, Mr. Markey, Mr. 
Wyden, Mr. Rubio, Ms. Warren, Mr. Brown, Mr. Coons, and Ms. Smith) 
submitted the following resolution; which was referred to the Committee 
on Foreign Relations:

                              S. Res. 376

       Whereas, on August 25, 2017, attacks on security posts in 
     Burma by the military group Arakan Rohingya Salvation Army 
     resulted in a brutal, systematic, and disproportionate 
     reprisal by the Burmese military and security forces on 
     Rohingya villages in Rakhine State;
       Whereas more than 650,000 Rohingya refugees have fled to 
     Bangladesh since the Burmese military commenced its scorched-
     earth campaign, with the burning of villages and local 
     monuments, and reports of widespread gang rape, starvation, 
     killing, and forcible deportation;
       Whereas the Government of Burma has consistently denied 
     access to the United Nations Fact-Finding Mission on Myanmar 
     established to investigate human rights violations around the 
     country;
       Whereas Bangladesh Prime Minister Sheikh Hasina proposed 
     that ``safe zones'' be created inside Burma to protect all 
     civilians irrespective of religion and ethnicity under United 
     Nations (UN) supervision;
       Whereas the United Nations High Commissioner for Refugees 
     (UNHCR)'s mandate is to provide, in collaboration with other 
     actors, international protection to refugees and to assist 
     them in finding durable solutions through voluntary 
     repatriation, local integration, or resettlement;
       Whereas the UN General Assembly has repeatedly affirmed 
     UNHCR's function of facilitating the voluntary repatriation 
     of refugees and, in recognition of the importance of 
     sustainable return, has widened its mandate to include 
     providing assistance for their rehabilitation and dealing 
     with the consequences of their return;
       Whereas the fundamental operational principles of voluntary 
     repatriation are safety, to include legal and physical 
     safety, and dignity, to include treatment with respect and 
     full acceptance by their national authorities, including the 
     full restoration of refugees' rights;
       Whereas, on November 23, 2017, the Government of Burma and 
     the Government of Bangladesh signed an agreement, known as 
     the ``Arrangement'', on the return of displaced persons from 
     Rakhine State, which is modeled after the 1992 repatriation 
     agreement between Burma and Bangladesh;
       Whereas the Arrangement includes references to restoring 
     normalcy and human rights in Rakhine State, for refugee 
     returns to comply with international standards of safety, 
     dignity, and voluntariness, and to commencing a process to 
     address root causes in line with the Rakhine Advisory 
     Commission recommendations;

[[Page S469]]

       Whereas approximately 236,000 Rohingya refugees returned to 
     Burma under the terms of the 1992 agreement, only to continue 
     to be denied citizenship, face prejudice, violence, and 
     persecution, and in many instances be forced to live in 
     internally displaced persons (IDP) camps with their freedom 
     of movement restricted;
       Whereas Burma's 1982 citizenship law stripped Rohingya of 
     their Burmese citizenship, rendering them stateless;
       Whereas the Government of Burma continues to systematically 
     discriminate against the Rohingya people, including by 
     continuing to restrict registration of Rohingya births and to 
     deny them freedom of movement, access to healthcare, land, 
     education, marriage, voting rights, and political 
     participation;
       Whereas the Government of Burma has repeatedly abused land 
     use laws to unjustly seize land from Rohingya refugees;
       Whereas UNHCR is working closely with the Government of 
     Bangladesh and partners to provide protection and assistance 
     to the Rohingya refugees and to support the host populations 
     affected by the influx;
       Whereas the Government of Burma has not reached an 
     agreement with UNHCR on its role in the safe, dignified, and 
     voluntary return of Rakhine State refugees;
       Whereas Myanmar Minister of Social Welfare, Relief and 
     Resettlement Dr. Win Myat Aye, on December 28, 2017, 
     announced that the repatriation process will begin on January 
     22, 2018;
       Whereas there is concern that up to 100,000 Rohingya could 
     be at risk of forced return into two ``model villages'' or 
     supported by 1,200 tents provided by the Government of Burma, 
     without assurances of their safety or details regarding long 
     term solutions to address root causes of Rohingya 
     disenfranchisement;
       Whereas ``model villages'' and similar tactics in Burma 
     dating back to colonial rule have been used to strategically 
     shift population groups and deepen religious and cultural 
     divides;
       Whereas on December 12, 2017, Wa Lone and Kyaw Soe Oo, two 
     journalists reporting and documenting atrocities against the 
     Rohingya, were arrested and on January 10, 2018, formally 
     prosecuted with violating the ``Official Secrets Act,'' 
     further risking Burma's democratic transition;
       Whereas UNHCR, as of December 17, 2017, reports that 
     conditions in Burma's Rakhine State are not yet conducive to 
     enable safe and sustainable return, as refugees continue to 
     flee Rakhine State into neighboring Bangladesh;
       Whereas UNHCR reports that those who arrive have suffered 
     immense violence and trauma in Burma, with some having 
     witnessed the deaths of family members and friends and most 
     having little or nothing to return to, with their homes and 
     villages destroyed; and
       Whereas there is concern that deep divisions between 
     communities remain unaddressed and humanitarian access is 
     inadequate: Now, therefore, be it
       Resolved, That the Senate--
       (1) condemns the violence and displacement inflicted on 
     Burma's Rohingya and other ethnic minorities;
       (2) calls for an immediate halt to all hostilities by 
     Burmese authorities;
       (3) condemns the attacks by the Arakan Rohingya Salvation 
     Army militant group;
       (4) calls on the Government of Burma to allow full access 
     to Rakhine State and ensure the full participation of UNHCR, 
     the internationally endorsed organization tasked with 
     ensuring that refugee returns are voluntary, safe, dignified, 
     and meet international refugee and human rights standards, 
     and that the voices of refugees are represented in order to 
     ensure the sustainability of such returns and to prevent 
     further waves of displacement;
       (5) commends the positive role of the Government of 
     Bangladesh in receiving Rohingya refugees to date and urges 
     the Government of Bangladesh to continue allowing the full 
     participation of UNHCR and human rights organization in 
     accessing refugee camps;
       (6) calls on UNHCR and international nongovernmental 
     organizations to play a role in monitoring repatriation 
     efforts by the Governments of Bangladesh and Burma to ensure 
     a process that meets international norms for voluntary, safe, 
     and dignified repatriation;
       (7) calls on the UN to consider the feasibility of 
     Bangladesh's proposal for a ``safe zone'' or for a 
     peacekeeping mission to protect and defend vulnerable 
     communities under international supervision;
       (8) agrees that any return of Rohingya should include 
     guarantees that any returns of refugees will be voluntary and 
     dignified, that there will be no threats to protection or 
     security upon return, that refugees will be able to return to 
     their places of origin or other locations as desired, and be 
     able to enjoy equal rights with others in Burma, including 
     the restoration or granting of full citizenship, freedom of 
     movement, and access to basic services;
       (9) recognizes that any forced relocation of Rohingya 
     refugees into temporary settlements, IDP camps, ``model 
     villages,'' or other areas not of refugees' choosing is 
     unacceptable;
       (10) calls on the Government of Burma to allow for a 
     flexible and practical approach to dealing with evidence of 
     Rohingya residence in Burma, recognizing that the Rohingya 
     refugees in Bangladesh possess a wide range of documents and 
     that some refugees have no documents and will need to 
     establish their residence by other means;
       (11) calls on the Government of Burma to address root 
     causes consistent with the Rakhine Advisory Commission 
     recommendations and fully implement all of the 
     recommendations of the Commission, including providing equal 
     access to full restoration or granting of full citizenship 
     for the Rohingya population;
       (12) calls on the Government of Burma to acknowledge and 
     address the issue of statelessness for the Rohingya, the 
     deprivation of rights, and institutionalized and pervasive 
     discrimination of the Rohingya population in order to bring 
     about any sustainable solutions;
       (13) commends the Government and the people of Bangladesh 
     for their extraordinary generosity and efforts to provide 
     shelter and relief for nearly 1,000,000 Rohingya refugees 
     forced to flee their homes in Burma;
       (14) calls on the Government of Bangladesh to ensure all 
     refugees have freedom of movement and under no circumstances 
     are subject to unsafe, involuntary, precipitous, or 
     uninformed returns to Burma; and
       (15) calls on the Government of Burma to immediately 
     release journalists Wa Lone and Kyaw Soe Oo.

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