III 

117TH CONGRESS 

2D SESSION S. RES. 35 

Condemning the military coup that took place on February 1, 2021, in 

Burma and the Tatmadaw’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 Tatmadaw, and calling 

for those elected to serve in parliament to resume their duties without 

impediment, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 4, 2021 

Mr. CARDIN (for himself, Mr. YOUNG, Mr. DURBIN, Mr. WYDEN, Ms. COLLINS, Mr. BRAUN, Mrs. FEINSTEIN, Mr. MERKLEY, and Mr. MARKEY) 

submitted the following resolution; which was referred to the Committee 

on Foreign Relations 

MARCH 24, 2021 

Reported by Mr. MENENDEZ, with an amendment and an amendment to the 

preamble 

[Strike out all after the resolving clause and insert the part printed in italic] 

[Strike the preamble and insert the part printed in italic] 

FEBRUARY 1, 2022 

Considered, amended, and agreed to with an amended preamble and an 

amendment to the title 

RESOLUTION 

Condemning the military coup that took place on February 

1, 2021, in Burma and the Tatmadaw’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 Tatmadaw, 


kjohnson on DSK79L0C42PROD with BILLS
2 

SRES 35 ATS 

and calling for those elected to serve in parliament to 

resume their duties without impediment, and for other 

purposes. 

Whereas, on February 1, 2021, the military of Burma (the 

‘‘Tatmadaw’’) and its aligned Union Solidarity and Development Party (USDP) conducted a military 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 Tatmadaw has detained more than 11,000 people for exercising their 

rights of freedom of speech and assembly and killed more 

than 1,400 civilians, including children; 

Whereas the Tatmadaw has 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 the Tatmadaw has become the world’s second largest detainer of journalists, with over 100 journalists imprisoned since the military coup; 

Whereas the Tatmadaw’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 Tatmadaw and several ethnic 

armed groups continues, with government forces commitVerDate Sep 11 2014 02:15 Feb 02, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SR35.ATS SR35

kjohnson on DSK79L0C42PROD with BILLS
3 

SRES 35 ATS 

ting increased abuses against ethnic Karen, Kayah, 

Kachin, Chin, Rakhine, Shan, and Rohingya minority 

populations; 

Whereas the Tatmadaw restricted freedom of movement, telecommunications, and the media, limiting access to information to and from Burma during a political and public 

health crisis; 

Whereas senior generals of the Tatmadaw 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 Tatmadaw that fraud 

played a significant role in determining the outcome of 

the November 2020 elections; 

Whereas Burma’s November 8, 2020, elections resulted in 

the National League for Democracy party securing 

enough seats in Parliament to form the next government; 

Whereas the Tatmadaw has a long history of committing 

atrocities against the people of Burma, including the targeting of specific ethnic groups; and 

Whereas senior United States officials have committed to 

making a determination of whether such atrocities constitute genocide: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) supports the people of Burma in their ambi3 tion for democracy, sustainable peace, and genuine 

4 ethnic and religious reconciliation, and the realizaVerDate Sep 11 2014 02:15 Feb 02, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\SR35.ATS SR35

kjohnson on DSK79L0C42PROD with BILLS
4 

SRES 35 ATS 

1 tion of internationally recognized human rights for 

2 all, including for ethnic and religious groups whose 

3 human rights have been violated repeatedly and who 

4 have been disenfranchised historically; 

5 (2) calls on the Tatmadaw to— 

6 (A) immediately and unconditionally re7 lease all political prisoners detained as a result 

8 of the military coup on February 1, 2021; 

9 (B) immediately restore all forms of com10 munications, including access to the internet 

11 without surveillance; 

12 (C) immediately end the use of violence 

13 and allow for a legal process for accountability 

14 and justice for those unlawfully detained, in15 jured, and killed by the Tatmadaw; 

16 (D) remove all impediments to free travel 

17 that have been imposed as a result of the coup; 

18 (E) return to power all members of the ci19 vilian government elected in the November 8, 

20 2020, elections and allow them to fulfill their 

21 mandate without impediment; 

22 (F) allow for freedom of expression, includ23 ing the right to protest, peaceful assembly, 

24 press freedom, and freedom of movement; and 


kjohnson on DSK79L0C42PROD with BILLS
5 

SRES 35 ATS 

1 (G) allow unfettered reporting from local, 

2 national, and international media; 

3 (3) calls on social media companies to suspend 

4 the accounts of the Union Solidarity and Develop5 ment Party and the Tatmadaw that have used their 

6 platforms to spread disinformation, fear, and psy7 chological violence; 

8 (4) supports the use of all diplomatic, economic, 

9 and development tools to ensure that vulnerable 

10 groups, including ethnic and religious groups, as well 

11 as all children, youth, and teachers in educational 

12 settings are safe, and schools and universities are 

13 not targeted for attacks or use by the Tatmadaw; 

14 (5) expresses grave concern for the safety and 

15 security of hundreds of thousands of internally dis16 placed persons (referred to in this resolution as 

17 ‘‘IDPs’’) and refugees who have been displaced by 

18 the Tatmadaw and now face challenging conditions 

19 in camps; 

20 (6) expresses grave concern for the 3,000,000 

21 people of Burma who are in need of humanitarian 

22 aid, including the 223,000 IDPs in Burma, of which 

23 165,000 remain in the southeast, adding to those al24 ready displaced in Rakhine, Chin, Shan and Kachin 

25 states; 


kjohnson on DSK79L0C42PROD with BILLS
6 

SRES 35 ATS 

1 (7) encourages Burma’s neighboring countries, 

2 including Thailand, India, and Bangladesh, to mean3 ingfully assist refugees who have fled and continue 

4 to flee the Tatmadaw; 

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

6 State, and the Secretary of Defense to fully imple7 ment section 7008 of the Department of State, For8 eign Operations, and Related Programs Appropria9 tions Act, 2021 (division K of Public Law 116–260) 

10 and any similar or successor law governing United 

11 States foreign assistance following a coup d’etat, 

12 and to immediately— 

13 (A) impose targeted restrictions aimed at 

14 the Tatmadaw, military-owned or controlled en15 terprises, and those responsible for the Feb16 ruary 1, 2021, coup; 

17 (B) work with the international commu18 nity, including at the United Nations Security 

19 Council, with United States allies in the region, 

20 and with the Association of Southeast Asian 

21 Nations, to condemn the coup, delegitimize the 

22 junta, and take steps to ensure that inter23 national economic engagement in Burma does 

24 not contribute to human rights abuses and ben25 efit individuals connected to the coup; 


kjohnson on DSK79L0C42PROD with BILLS
7 

SRES 35 ATS 

1 (C) support conditionality on diplomatic, 

2 economic, and security relations with Burma, 

3 including using the voice and vote of the United 

4 States at multilateral development institutions, 

5 until all those detained in the February 1, 

6 2021, coup are released and there has been a 

7 full restoration of civilian-controlled parliament 

8 respecting the November 8, 2020, election re9 sults; 

10 (D) utilize the United States Government’s 

11 position on the United Nations Security Council 

12 to bring about greater international cooperation 

13 in the pursuit of justice and accountability in 

14 Burma; 

15 (E) legitimize and provide assistance to the 

16 National Unity Government of the Republic of 

17 the Union of Myanmar, the National Unity 

18 Consultative Council, the Civil Disobedience 

19 Movement in Myanmar, and other entities pro20 moting democracy in Burma, while simulta21 neously denying legitimacy and resources to the 

22 junta; 

23 (F) promote national reconciliation among 

24 the diverse ethnic and religious groups in 

25 Burma; 


kjohnson on DSK79L0C42PROD with BILLS
8 

SRES 35 ATS 

1 (G) counter support to the junta by the 

2 People’s Republic of China and the Russian 

3 Federation; and 

4 (H) secure the restoration of democracy, 

5 the establishment of an inclusive and represent6 ative civilian government and a reformed mili7 tary reflecting the diversity of Burma and 

8 under civilian control, and the enactment of 

9 constitutional, political, and economic reform in 

10 Burma; and 

11 (9) urges the Secretary of State to swiftly con12 duct an Interagency Process and issue a determina13 tion as to whether the targeting and murder of inno14 cent civilians by the Tatmadaw during and after the 

15 February 1, 2021, coup d’etat, specifically those as16 sociated with ethnic and religious groups in Burma, 

17 and crimes committed by the Tatmadaw against 

18 such ethnic and religious groups prior to the coup 

19 constitute crimes against humanity or genocide. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS