III 

Calendar No. 358 

115TH CONGRESS 

2D SESSION S. RES. 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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 23, 2018 

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, Ms. SMITH, 

Mr. GARDNER, Mr. BOOKER, Mr. PERDUE, and Mr. CARDIN) submitted 

the following resolution; which was referred to the Committee on Foreign 

Relations 

MARCH 21, 2018 

Reported by Mr. CORKER, 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 

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. 


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•SRES 376 RS 

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 (U.N.) 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 U.N. 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 safeVerDate Sep 11 2014 21:17 Mar 21, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SR376.RS SR376

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•SRES 376 RS 

ty, 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; 

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; 


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•SRES 376 RS 

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; 


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•SRES 376 RS 

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 

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 680,000 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; 


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•SRES 376 RS 

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; 

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, 


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•SRES 376 RS 

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, but this process has not yet begun; 

Whereas there is concern that up to 100,000 Rohingya could 

be at risk of forced return into two ‘‘model villages’’ or 

into 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; 


amozie on DSK30RV082PROD with BILLS
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•SRES 376 RS 

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 

Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) condemns the violence and displacement in3 flicted on Burma’s Rohingya and other ethnic mi4 norities; 

5 (2) calls for an immediate halt to all hostilities 

6 by Burmese authorities; 


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•SRES 376 RS 

1 (3) condemns the attacks by the Arakan 

2 Rohingya Salvation Army militant group; 

3 (4) calls on the Government of Burma to allow 

4 full access to Rakhine State and ensure the full par5 ticipation of UNHCR, the internationally endorsed 

6 organization tasked with ensuring that refugee re7 turns are voluntary, safe, dignified, and meet inter8 national refugee and human rights standards, and 

9 that the voices of refugees are represented in order 

10 to ensure the sustainability of such returns and to 

11 prevent further waves of displacement; 

12 (5) commends the positive role of the Govern13 ment of Bangladesh in receiving Rohingya refugees 

14 to date and urges the Government of Bangladesh to 

15 continue allowing the full participation of UNHCR 

16 and human rights organization in accessing refugee 

17 camps; 

18 (6) calls on UNHCR and international non19 governmental organizations to play a role in moni20 toring repatriation efforts by the Governments of 

21 Bangladesh and Burma to ensure a process that 

22 meets international norms for voluntary, safe, and 

23 dignified repatriation; 

24 (7) calls on the U.N. to consider the feasibility 

25 of Bangladesh’s proposal for a ‘‘safe zone’’ or for a 


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•SRES 376 RS 

1 peacekeeping mission to protect and defend vulner2 able communities under international supervision; 

3 (8) agrees that any return of Rohingya should 

4 include guarantees that any returns of refugees will 

5 be voluntary and dignified, that there will be no 

6 threats to protection or security upon return, that 

7 refugees will be able to return to their places of ori8 gin or other locations as desired, and be able to 

9 enjoy equal rights with others in Burma, including 

10 the restoration or granting of full citizenship, free11 dom of movement, and access to basic services; 

12 (9) recognizes that any forced relocation of 

13 Rohingya refugees into temporary settlements, IDP 

14 camps, ‘‘model villages,’’ or other areas not of refu15 gees’ choosing is unacceptable; 

16 (10) calls on the Government of Burma to allow 

17 for a flexible and practical approach to dealing with 

18 evidence of Rohingya residence in Burma, recog19 nizing that the Rohingya refugees in Bangladesh 

20 possess a wide range of documents and that some 

21 refugees have no documents and will need to estab22 lish their residence by other means; 

23 (11) calls on the Government of Burma to ad24 dress root causes consistent with the Rakhine Advi25 sory Commission recommendations and fully impleVerDate Sep 11 2014 21:17 Mar 21, 2018 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\SR376.RS SR376

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•SRES 376 RS 

1 ment all of the recommendations of the Commission, 

2 including providing equal access to full restoration 

3 or granting of full citizenship for the Rohingya pop4 ulation; 

5 (12) calls on the Government of Burma to ac6 knowledge and address the issue of statelessness for 

7 the Rohingya, the deprivation of rights, and institu8 tionalized and pervasive discrimination of the 

9 Rohingya population in order to bring about any 

10 sustainable solutions; 

11 (13) commends the Government and the people 

12 of Bangladesh for their extraordinary generosity and 

13 efforts to provide shelter and relief for nearly 

14 1,000,000 Rohingya refugees forced to flee their 

15 homes in Burma; 

16 (14) calls on the Government of Bangladesh to 

17 ensure all refugees have freedom of movement and 

18 under no circumstances are subject to unsafe, invol19 untary, precipitous, or uninformed returns to 

20 Burma; and 

21 (15) calls on the Government of Burma to im22 mediately release journalists Wa Lone and Kyaw 

23 Soe Oo. 

24 That the Senate— 


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•SRES 376 RS 

1 (1) condemns the violence and displacement in2 flicted on Burma’s Rohingya and other ethnic mi3 norities; 

4 (2) calls for an immediate halt to all hostilities 

5 by Burmese authorities; 

6 (3) condemns the attacks by the Arakan 

7 Rohingya Salvation Army militant group; 

8 (4) calls on the Government of Burma to allow 

9 full access to Rakhine State and ensure the full par10 ticipation of UNHCR, the internationally endorsed 

11 organization tasked with ensuring that refugee re12 turns are voluntary, safe, dignified, and respect fun13 damental human rights, and that the voices of refu14 gees are represented in order to ensure the sustain15 ability of such returns and to prevent further waves 

16 of displacement; 

17 (5) calls on the Government of Burma to allow 

18 the United Nations-backed Independent International 

19 Fact-Finding Mission on Myanmar immediate and 

20 unfettered access to Burma, including northern 

21 Rahkine State, to establish the facts and cir22 cumstances of the alleged recent human rights viola23 tions by Burmese military and security forces against 

24 the Rohingya and other ethnic minorities; 


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•SRES 376 RS 

1 (6) commends the positive role of the Government 

2 of Bangladesh in receiving Rohingya refugees to date 

3 and urges the Government of Bangladesh to continue 

4 allowing the full participation of UNHCR and 

5 human rights organizations in accessing refugee 

6 camps; 

7 (7) calls on UNHCR and international non8 governmental organizations to play a role in moni9 toring repatriation efforts by the Governments of 

10 Bangladesh and Burma to ensure a process that meets 

11 international norms for voluntary, safe, and dignified 

12 repatriation; 

13 (8) agrees that any return of Rohingya should 

14 include guarantees that any returns of refugees will 

15 be voluntary and dignified, that there will be no 

16 threats to protection or security upon return, that ref17 ugees will be able to return to their places of origin 

18 or other locations as desired, and be able to enjoy 

19 equal rights with others in Burma, including the res20 toration or granting of full citizenship, freedom of 

21 movement, and access to basic services; 

22 (9) recognizes that any forced relocation of 

23 Rohingya refugees into temporary settlements, IDP 

24 camps, ‘‘model villages,’’ or other areas not of refu25 gees’ choosing is unacceptable; 


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•SRES 376 RS 

1 (10) calls on the Government of Burma to allow 

2 for a flexible and practical approach to dealing with 

3 evidence of Rohingya residence in Burma, recognizing 

4 that the Rohingya refugees in Bangladesh possess a 

5 wide range of documents and that some refugees have 

6 no documents and will need to establish their resi7 dence by other means; 

8 (11) calls on the Government of Burma to ad9 dress root causes consistent with the Rakhine Advi10 sory Commission recommendations and fully imple11 ment all of the recommendations of the Commission, 

12 including providing equal access to full restoration or 

13 granting of full citizenship for the Rohingya popu14 lation; 

15 (12) calls on the Government of Burma to ac16 knowledge and address the issue of statelessness for the 

17 Rohingya, the deprivation of rights, and institu18 tionalized and pervasive discrimination of the 

19 Rohingya population in order to bring about any sus20 tainable solutions; 

21 (13) commends the Government and the people of 

22 Bangladesh for their extraordinary generosity and ef23 forts to provide shelter and relief for nearly 1,000,000 

24 Rohingya refugees forced to flee their homes in 

25 Burma; 


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•SRES 376 RS 

1 (14) calls on the Government of Bangladesh to 

2 ensure all refugees have freedom of movement and 

3 under no circumstances are subject to unsafe, involun4 tary, precipitous, or uninformed returns to Burma; 

5 and 

6 (15) calls on the Government of Burma to imme7 diately release journalists Wa Lone and Kyaw Soe 

8 Oo. 

Amend the title so as to read: ‘‘A resolution 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 ethnic 

cleansing conducted by the Burmese military.’’. 


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Calendar No. 358 

115TH CONGRESS 

2D SESSION S. RES. 376 

RESOLUTION 

Urging the Governments of Burma and Bangladesh 

cleansing conducted by the Burmese military. have been displaced by the campaign of ethnic tainable return of the Rohingya refugees who to ensure the safe, dignified, voluntary, and susMARCH 21, 2018 

Reported with an amendment and an amendment to the 

preamble and an amendment to the title 


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