III 

115TH CONGRESS 

2D SESSION S. RES. 635 

Calling for the immediate release of unjustly imprisoned Myanmar journalists 

Wa Lone and Kyaw Soe Oo, and expressing concern over the overall 

deterioration in freedom of the press in Myanmar. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2018 

Mr. MERKLEY (for himself, Mr. RUBIO, Mr. YOUNG, Ms. WARREN, Mr. 

COONS, Mr. DURBIN, Mr. CARDIN, Mr. LANKFORD, Mr. WYDEN, Ms. 

COLLINS, and Mr. MARKEY) submitted the following resolution; which 

was referred to the Committee on Foreign Relations 

RESOLUTION 

Calling for the immediate release of unjustly imprisoned 

Myanmar journalists Wa Lone and Kyaw Soe Oo, and 

expressing concern over the overall deterioration in freedom of the press in Myanmar. 

Whereas the first amendment to the Constitution of the 

United States enshrines press freedom as a foundational 

element of American democracy, declaring that ‘‘Congress shall make no law . . . abridging the freedom of 

speech, or of the press’’; 

Whereas Article 19 of the United Nations Universal Declaration of Human Rights, adopted on December 10, 1948, 

by the United Nations General Assembly, enshrines press 

freedom as a vital aspect of universal human rights; 


pbinns on DSK79D2C42PROD with BILLS
2 

•SRES 635 IS 

Whereas the Department of State’s annual Human Rights 

Report on Burma for the year 2017 states that— 

(1) ‘‘legal provisions that allow the government to 

manipulate the courts for political ends, and these provisions were sometimes used to deprive citizens of due 

process and the right to a fair trial, particularly with regards to the freedom of expression’’; 

(2) ‘‘The government continued to detain and arrest 

journalists, activists, and critics of the government and 

the military during the year.’’; and 

(3) ‘‘Threats against and arrests of journalists increased . . . Freedom of expression was more restricted 

during the year compared with 2016. This included a 

higher number of detentions of journalists using various 

laws, including laws carrying more severe punishments 

than those used previously.’’; 

Whereas, according to PEN America, the discontinuation of 

Radio Free Asia’s broadcasting in Myanmar on a domestic channel constitutes a further shrinking of the space 

for free expression in the country; 

Whereas, additionally, PEN America reports that— 

(1) there continues to be increased legal threats, imprisonment and physical harassment of journalists; 

(2) there continues to be restrictions on the ability 

to report from and receive information on conflict areas; 

and 

(3) the lack of reform of media laws and institutions 

driving a decline in media freedom; 

Whereas, beginning in late August 2017, a concerted campaign directed by the Tatmadaw, the official name of the 

armed forces of Myanmar, was carried out to assault, 


pbinns on DSK79D2C42PROD with BILLS
3 

•SRES 635 IS 

kill, rape, burn villages, and force Rohingya to flee from 

Myanmar to Bangladesh; 

Whereas approximately 700,000 Rohingya people have fled 

Myanmar in a period of almost 12 months; 

Whereas a 160-page report issued July 19, 2018, by the 

human rights organization Fortify Rights finds that at 

least 27 Myanmar Army battalions, comprising up to 

11,000 soldiers, along with at least three combat police 

battalions, comprising an estimated 900 police personnel, 

were involved in the attacks in northern Rakhine State 

beginning in August 2017, and further finds that these 

attacks constitute ‘‘preparatory action for genocide and 

crimes against humanity’’ and finds ‘‘that there are ‘reasonable grounds’ to believe the Myanmar Army, 

Myanmar Police Force, border guards, and non-Rohingya 

civilian perpetrators committed atrocities that constitute 

genocide and crimes against humanity and should be held 

liable for those crimes’’; 

Whereas earlier Fortify Rights reports have documented the 

systematic use of torture by Myanmar authorities against 

Kachin civilians in Kachin State and northern Shan 

State from June 2011 to April 2014; 

Whereas the August 2018 United Nations report of the Independent International Fact-Finding Mission on Myanmar 

Report states, in paragraph 87 that ‘‘the Mission concluded [. . .] that there is sufficient information to warrant the investigation and prosecution of senior officials 

in the Tatmadaw chain of command, so that a competent 

court can determine their liability for genocide in relation 

to the situation in Rakhine State’’; 


pbinns on DSK79D2C42PROD with BILLS
4 

•SRES 635 IS 

Whereas, on August 28, 2018, United States Ambassador to 

the United Nations Nikki Haley reported to the United 

Nations Security Council that the Department of State 

had conducted interviews with 1,024 Rohingya refugees 

in camps throughout Cox’s Bazar refugee camp and that 

the results of the interviews were consistent with the 

United Nations Independent international fact-finding 

mission on Myanmar; 

Whereas, on September 2, 2017, as part of this brutal campaign, Myanmar security forces aided by local Buddhist 

villagers in the village of Inn Din in Rakhine state detained and then murdered 10 Rohingya men; 

Whereas, Reuters, a highly reputable worldwide news gathering organization, discovered this atrocity as part of its 

ongoing reporting on the Myanmar military’s campaign 

against the Rohingya, and Reuters journalists Wa Lone 

and Kyaw Soe Oo were doing fact-checking and interviewing eye-witnesses to these and other events; 

Whereas, on December 12, 2017, Wa Lone and Kyaw Soe Oo 

were arrested by police and later charged with illegally 

possessing secret government documents under the colonial era Official Secrets Act; 

Whereas Wa Lone and Kyaw Soe Oo have been in custody 

from December 12, 2017, to the present, including before, during, and after their trial; 

Whereas, one of the key prosecution witnesses in the trial, 

Police Captain Moe Yan Naing, said in open court on 

April 20, 2018, that he and others were ordered by the 

Myanmar police chief to ‘‘trap’’ Wa Lone by inviting the 

journalist to meet them at a restaurant and to give him 

‘‘secret documents’’—a meeting that Wa Lone attended 


pbinns on DSK79D2C42PROD with BILLS
5 

•SRES 635 IS 

in the company of his colleague, Kyaw Soe Oo, which led 

to the immediate arrest of the two journalists; 

Whereas Police Captain Moe Yan Naing was subsequently 

sentenced to one year in jail for violating police discipline; 

Whereas, on September 3, 2018, Yangon northern district 

judge Ye Lwin ruled that Wa Lone and Kyaw Soe Oo 

breached the colonial-era Official Secrets Act and sentenced them each to seven years in prison with hard 

labor; 

Whereas 83 Myanmar civil society organizations have signed 

a statement condemning the verdict; 

Whereas the people of Myanmar, with assistance from the 

Department of State and the United States Agency for 

International Development, have successfully grown their 

cadre of ethical and hard hitting journalists, journalists 

who are adhering to the utmost professional standards 

and able to uncover the abuses being committed in their 

own country, and these journalists deserve the international community’s support and praise for taking on 

the risky job of fostering press freedom in their country, 

however nascent it is; 

Whereas United States Agency for International Development 

Administrator Mark Green released a statement calling 

the convictions ‘‘an enormous setback for democracy and 

the rule of law in Burma’’ and ‘‘urge[d] the Government 

of Burma to protect journalists and press freedom, which 

are the bedrocks of democracy and peace’’; 

Whereas Vice President Mike Pence tweeted his concern over 

the sentence against Wa Lone and Kyaw Soe Oo for 


pbinns on DSK79D2C42PROD with BILLS
6 

•SRES 635 IS 

‘‘doing their job reporting on the atrocities being committed on the Rohingya people’’; 

Whereas United States Ambassador to the United Nations 

Nikki Haley described the conviction as ‘‘another terrible 

stain on the Burmese government’’ and called for ‘‘their 

immediate and unconditional release’’; 

Whereas freedom of the press enhances public accountability 

and transparency and therefore promotes adherence to 

the rule of law and enforcement of universally recognized 

human rights by all people; and 

Whereas freedom of the press is a key component of democratic governance and activism in civil society: Now, 

therefore, be it 

1 Resolved, That the Senate— 

2 (1) calls for all the convictions against Wa Lone 

3 and Kyaw Soe Oo to be nullified, for the similar 

4 charges against many other journalists currently 

5 awaiting trial to be dropped, and for the immediate 

6 and unconditional release of these journalists; 

7 (2) expresses concern about the Government of 

8 Myanmar’s crackdown on journalists and press free9 dom throughout the country; 

10 (3) reaffirms the central role that independent 

11 and professional journalism plays in strengthening 

12 democratic governance, upholding the rule of law, 

13 mitigating conflict, and informing public opinion 

14 around the world; 


pbinns on DSK79D2C42PROD with BILLS
7 

•SRES 635 IS 

1 (4) urges the Secretary of State to make a de2 termination whether the actions by the Myanmar 

3 military constitute crimes against humanity or geno4 cide and to work with interagency partners to im5 pose targeted sanctions on Myanmar military offi6 cials responsible for these heinous acts through ex7 isting authorities; and 

8 (5) calls on the President and the Secretary of 

9 State— 

10 (A) to reaffirm the importance of a free 

11 press in strengthening democratic governance, 

12 upholding the rule of law, mitigating conflict, 

13 and informing public opinion around the world; 

14 and 

15 (B) to engage immediately and at the 

16 highest levels with the Government of Myan17 mar, including by encouraging Aung San Suu 

18 Kyi to use her influence to secure the imme19 diate and unconditional release of Wa Lone and 

20 Kyaw Soe Oo, as United States leadership is 

21 critical to this issue. 

Æ 


pbinns on DSK79D2C42PROD with BILLS