III 

116TH CONGRESS 

2D SESSION S. RES. 701 

Urging the Government of Burma to hold free, fair, inclusive, transparent, 

participatory, and credible elections on November 8, 2020. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2020 

Mr. CARDIN (for himself, Mr. YOUNG, Mr. VAN HOLLEN, Mr. CRAMER, Mr. 

DURBIN, Mrs. BLACKBURN, Mr. MERKLEY, Mr. WYDEN, Mrs. GILLIBRAND, and Mr. MARKEY) submitted the following resolution; which was 

referred to the Committee on Foreign Relations 

RESOLUTION 

Urging the Government of Burma to hold free, fair, inclusive, 

transparent, participatory, and credible elections on November 8, 2020. 

Whereas the Union Election Commission of Burma announced that the country will hold general elections on 

November 8, 2020; 

Whereas Burma’s previous elections were characterized by 

controversy, conflict, and disenfranchisement instigated 

by the military of Burma (the ‘‘Tatmadaw’’), including in 

May 1990, November 2010, the April 2012 special elections, and November 2015; 

Whereas the ongoing Tatmadaw offensives in Rakhine, southern Chin, Kachin, and northern Shan states continue to 


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cause significant displacement of ethnic groups, creating 

substantial challenges for the Union Election Commission 

to generate a verified comprehensive voter list and set up 

polling stations in conflict affected areas; 

Whereas provisions in the 2008 Constitution of Burma allocate 25 percent of parliamentary seats to the military, 

conferring exceptional powers to the Tatmadaw and 

thereby affording the Tatmadaw considerable power to 

suppress basic rights, including freedoms of expression, 

assembly, and association; 

Whereas constitutional amendments proposed by the Union 

Parliament’s Charter Amendment Committee that aimed 

to democratize the Burmese Constitution and ensure 

equal rights, including voting rights, for all citizens of 

Burma were defeated by military lawmakers, further enabling the military to exercise outsized power and influence the country’s electoral processes; 

Whereas the National League of Democracy political party 

has repeatedly failed to uphold and protect the rights of 

ethnic and religious minorities since coming to power in 

2015; 

Whereas, as of March 31, 2020, during the first four years 

of Aung San Suu Kyi’s civilian government, over 500 

lawsuits against more than 1,000 individuals have used 

Burma’s legal system to repress peaceful expressions critical of the Tatmadaw, civilian government, and Aung San 

Suu Kyi, resulting in the imprisonment of journalists, 

such as Reuters reporters Wa Lone and Kyaw Soe Oo, 

ethnic activists, and student protestors; 

Whereas the Political Parties Registration Law of 2010 limits the right to form and join political parties only to full 


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citizens, thereby severely curtailing the political participation of religious and ethnic minorities, including 

Rohingya, those of Chinese and Indian descent, internally 

displaced populations across Rakhine, Kachin, and Shan 

states, and Burmese refugees in Thailand, Bangladesh, 

and elsewhere in the region, many of whom had citizenship documents canceled and who face multiple hurdles 

in gaining citizenship documentation; 

Whereas the Government of Burma instituted a blackout, 

that is still ongoing as of September 1, 2020, of mobile 

internet services and restricted internet service quality in 

Rakhine and Chin States, beginning in June 2019, thereby inhibiting the ability to hold free and fair elections in 

these areas and further exacerbating difficulties in aid 

distribution and access to potentially life-saving information since the onset of COVID–19; 

Whereas the Government of Burma continues to curtail freedom of the press and civil society—which are critical 

foundations for free and fair elections—as evidenced by 

government directives to block independent and ethnic 

media sites, and the anticipated restrictions by the Union 

Election Commission on voter education and election observation activities; 

Whereas Burma’s 2015 election saw the disenfranchisement 

of significant segments of the population, particularly of 

Rohingya ethnicity, but also including those of Chinese 

and Indian descent, Muslims, and other internally displaced persons; 

Whereas ongoing conflict in 2015 was used to justify the cancellation of elections in 7 townships and more than 400 

ward and village tracts, mostly in Kachin, Shan, and 

Kayin states; 


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Whereas Burma’s 1982 citizenship law stripped Rohingya of 

their Burmese citizenship and subsequent policies rendered them stateless and disenfranchised, despite having 

the right to vote as recently as 2010 and ability to serve 

in parliament as recently as 2015; 

Whereas in 2017, the Tatmadaw commenced a genocide 

against Rohingya civilians in Rakhine state, causing over 

740,000 Rohingya refugees to flee into Bangladesh, joining over 200,000 who had been previously displaced in 

prior waves of anti-Rohingya violence, resulting in more 

than 1,000,000 Rohingya refugees not present in Burma 

for the election; 

Whereas the Government of Burma has not created conditions conducive to repatriation and political and electoral 

participation of Rohingya refugees and has not made 

progress on the most crucial of the 88 recommendations 

of the Rakhine Advisory Commission identified by 

Rohingya refugees as prerequisites to voluntary repatriation, including freedom of movement, provision of civil 

documentation, and a transparent pathway to restoration 

of full citizenship; 

Whereas the Tatmadaw’s senior generals have been sanctioned by the United States Government for perpetrating 

gross human rights violations and are subject to ongoing 

investigations into their conduct by both the International Criminal Court and the International Court of 

Justice; and 

Whereas the United Nations Special Rapporteur on the Situation of Human Rights in Myanmar stated on July 13, 

2020, ‘‘The people of Myanmar deserve a free and fair 

election this November and this includes respect for the 

right to vote regardless of one’s race, ethnicity or reliVerDate Sep 11 2014 07:00 Sep 18, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\SR701.IS SR701

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gion, freedom of expression and assembly, and access to 

information and a free press. It will also require that 

steps are taken now to assure that those in conflict areas 

will be able to exercise their rights.’’: Now, therefore, be 

it 

1 Resolved, That the Senate— 

2 (1) recognizes the importance of free, fair, in3 clusive, transparent, participatory, and credible elec4 tions in Burma and that the 2020 elections mark a 

5 critical juncture in Burma’s democratic process; 

6 (2) stands with the people of Burma in their 

7 ambition for sustainable peace, a genuine democ8 racy, and the realization of fundamental human 

9 rights for all; 

10 (3) calls upon the President and the Secretary 

11 of State to— 

12 (A) support Burma’s democratic transi13 tion, including by emphasizing the importance 

14 to that transition of this election as well as of 

15 the Government of Burma undertaking a cred16 ible and sustainable process of genuine national 

17 and ethnic reconciliation; 

18 (B) support free, fair, inclusive, trans19 parent, participatory, and credible elections in 

20 Burma, including by working to ensure that the 

21 Tatmadaw and its affiliates do not interfere 


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1 with vigorous public debate or the mechanism 

2 of the electoral process and that other govern3 ment officials do not use official resources for 

4 electioneering; 

5 (C) call for a ceasefire in all Burmese 

6 states and localities to ensure that conflict is 

7 not used as an excuse to deny people the right 

8 to vote; 

9 (D) support the right to vote for internally 

10 displaced persons, refugees, and other Burmese 

11 communities outside of Burma, with specific at12 tention to the disenfranchised Rohingya people; 

13 (E) condemn any action taken by the gov14 ernment, political parties, military, or Union 

15 Election Commission to limit civil society par16 ticipation in the election, including prohibitions 

17 on voter education and election observation, or 

18 otherwise restrict civil society or humanitarian 

19 space in the lead up to the election or in the 

20 post-election period; 

21 (F) ensure that United States-based social 

22 media companies, including Facebook, not allow 

23 their platforms to be used as vehicles for 

24 spreading misinformation or advocating violence 


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1 or voter intimidation to suppress voter partici2 pation; and 

3 (G) ensure that the Department of State’s 

4 2020 Country Report on Human Rights Prac5 tices includes an extensive evaluation of the 

6 Burmese election, including an assessment of 

7 inclusivity, participation, and interference; 

8 (4) calls upon the United States Government, 

9 in partnership with the international community, to 

10 ensure that the Union Election Commission func11 tions as an independent electoral management body 

12 that establishes a regulatory framework that fosters 

13 fair, open, and transparent electoral processes, and 

14 that the Tatmadaw publicly affirms that it will 

15 honor the results of such elections; 

16 (5) calls upon the Secretary of State and the 

17 Administrator of the United States Agency for 

18 International Development to work with like-minded 

19 regional and international organizations, such as the 

20 International Foundation for Electoral Systems, the 

21 International Institute for Democracy and Electoral 

22 Assistance, the Asian Network for Free Elections, 

23 People’s Alliance for Credible Elections (PACE), 

24 and the Carter Center, to ensure that the general 

25 elections in Burma meet international standards of 


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1 free and fair elections, including by seeking full and 

2 unimpeded access to all aspects of the electoral proc3 ess for international and domestic observers; and 

4 (6) calls on the President to consider sanc5 tioning individuals within the Government of Burma, 

6 the Tatmadaw, and among military associated busi7 nesses and ultranationalist groups, whom the United 

8 States Government determines undermine free, fair, 

9 inclusive, transparent, participatory, and credible 

10 elections in Burma or the safety of such elections. 

Æ 


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