[Congressional Record Volume 169, Number 20 (Tuesday, January 31, 2023)]
[Senate]
[Pages S175-S177]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUBMITTED RESOLUTIONS
______
SENATE RESOLUTION 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
Mr. CARDIN (for himself, Mr. Young, Mr. Merkley, and Ms. Collins)
submitted the following resolution; which was referred to the Committee
on Foreign Relations:
S. Res. 20
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
[[Page S176]]
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
Resolved, That the Senate--
(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;
(2) calls on the Burmese military 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 the Burmese
military;
(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 Burmese
military 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
Burmese military;
(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;
(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 the Burmese military, including through
the delivery of cross-border humanitarian assistance and with
recognition of the protracted nature of the conflict; and
(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--
(A) impose targeted restrictions aimed at the Burmese
military, 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 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;
(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;
(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) 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;
(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 other supporters of
the military regime; 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.
Mr. CARDIN. Madam President, I rise today, on the eve of the second
anniversary of the military coup in Burma, to introduce a resolution
marking the occasion--and the terrible 2 years that the people of Burma
have had to suffer since then. I am proud to introduce this resolution
today alongside my colleagues Senators Young, Merkley, and Collins.
The resolution condemns the illegitimate Burmese military coup and
calls for an immediate return to democratic governance grounded in
respect for civil liberties. Demonstrating our support for the Burmese
people is more important than ever, as the human rights situation in
Burma threatens to deteriorate even further.
Tomorrow marks 2 years since the Burmese military overthrew the
democratically elected Government in Burma, on the eve of what was to
have been the convening of the Parliament that was elected on November
8, 2020, and installed a repressive, authoritarian regime.
Since February 1, 2021, the Burmese military has reversed years of
uneven but generally positive democratic reform. The military has
engaged in mass atrocities, including by detaining over 13,000 people
for exercising basic freedoms and killing over 2,800 civilians,
including children. Today, over 17 million people in Burma are in need
of humanitarian aid, and 1.5 million people remain internally displaced
due to the ongoing violence and instability fostered by the military.
I would note that it is the same military officers now running the
country who were implicated in the genocide waged against the Rohingya
people, an assault that was recognized by the Secretary of State on
March 21, 2022, only the eighth such determination since the Holocaust.
The Burmese military continues to systemically target its most
vulnerable people, including women, children, and ethnic and religious
minorities. The junta also continues to silence activists and
opposition parties, most recently illustrated by the 33-year prison
sentence handed down to State Counsellor Aung San Suu Kyi after a
series of sham trials.
Today, we honor those lives we have lost due to the junta's violent
repression and calls upon the Burmese military to end its senseless
killing of its own people.
The U.S. Senate fully stands behind those peacefully protesting for
their
[[Page S177]]
rights to freedom of speech, assembly, and the press. We also remain
committed to free and fair elections in Burma and the peaceful and
expedient transition to a civilian-led government. The United States
and the international community must hold accountable human rights
violators for their actions. This resolution calls on the President to
impose targeted sanctions and restrictions on those responsible for the
February 2021 coup and human rights abuses in Burma, including through
the bipartisan BURMA Act of 2022, which I was proud to have led, and
which was enacted as part of the NDAA in December.
While the February 2021 coup represents a major step backwards, the
United States remains steadfast in support of a free and prosperous
future for Burma. This resolution, which I am proud to introduce today,
will reaffirm the United States' solidarity with the Burmese people in
their quest for sustainable peace and democracy.
I would invite my colleagues to cosponsor the resolution, and I look
forward to early action in the Foreign Relations Committee and by the
full Senate.
____________________