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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 35 Reported in Senate (RS)]

<DOC>
                                                        Calendar No. 26
117th CONGRESS
  1st Session
S. RES. 35

 Condemning the military 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 and 
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, and Ms. 
Collins) 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]

_______________________________________________________________________

                               RESOLUTION

 
 Condemning the military 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 and 
for those elected to serve in parliament to resume their duties without 
                  impediment, and for other purposes.

Whereas Burma held general elections on November 8, 2020, that resulted in the 
        National League for Democracy party securing enough seats to form the 
        next government, which was set to convene on February 2, 2021;
Whereas, on January 28, 2021, the Union Election Commission rejected allegations 
        by the military of Burma (the ``Tatmadaw'') that fraud played a 
        significant role in determining the outcome of the November 2020 
        elections;
Whereas, on February 1, 2021, the Tatmadaw and its aligned Union Solidarity and 
        Development Party (``USDP'') conducted a military coup against the 
        civilian government, resulting in the military 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 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; and
Whereas senior generals of the Tatmadaw have been sanctioned by the United 
        States Government for perpetrating gross human rights violations and are 
        subject to ongoing investigations into their conduct by the 
        International Criminal Court and the International Court of Justice: 
        Now, therefore, be it
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, notwithstanding the disenfranchisement of more than 
        1,500,000 voters, mostly from ethnic minority communities in Kachin, 
        Karen, Mon, Rakhine, Shan, and Chin states;
Whereas, on January 28, 2021, the Union Election Commission rejected allegations 
        by the military of Burma (the ``Tatmadaw'') that fraud played a 
        significant role in determining the outcome of the November 2020 
        elections;
Whereas, on February 1, 2021, 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 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, since August 25, 2017, 740,000 Rohingya have fled northern Rakhine 
        State to neighboring Bangladesh to escape a systematic campaign of 
        atrocities by Burma's military and security forces, and over three years 
        later, conditions are still not conducive to the safe, voluntary, and 
        dignified return of the Rohingya to Burma;
Whereas, according to the Department of State's August 24, 2018, report entitled 
        ``Documentation of Atrocities in Northern Rakhine State'', violence 
        committed by the Burmese military (Tatmadaw) against the Rohingya, 
        including from August to October 2017, was not only ``extreme, large-
        scale, widespread, and seemingly geared toward both terrorizing the 
        population and driving out the Rohingya residents,'' but also ``well-
        planned and coordinated'';
Whereas, on August 28, 2018, the United States Ambassador to the United Nations 
        told the United Nations Security Council that the Department of State 
        report's findings were ``consistent with'' those in an August 27, 2018, 
        report by the Independent International Fact-Finding Mission on Myanmar 
        (IIFFMM) which urged that top Burmese military officials be investigated 
        and prosecuted for genocide; and
Whereas Secretary of State Antony Blinken committed at his nomination hearing 
        before the Committee on Foreign Relations of the Senate on January 19, 
        2021, and in subsequent written responses to questions for the record, 
        that he will oversee an interagency review of whether the atrocities 
        committed against the Rohingya in Burma constitute genocide: Now 
        therefore be it
    Resolved, That the Senate--
        <DELETED>    (1) stands with the people of Burma in their 
        ambition for a genuine democracy, sustainable peace and genuine 
        ethnic reconciliation, and the realization of fundamental human 
        rights for all;</DELETED>
        <DELETED>    (2) calls on the Tatmadaw to--</DELETED>
                <DELETED>    (A) immediately and unconditionally 
                release all those detained as a result of the military 
                coup on February 1, 2021;</DELETED>
                <DELETED>    (B) immediately restore all forms of 
                communications, including access to the 
                internet;</DELETED>
                <DELETED>    (C) remove all impediments to free travel 
                that have been imposed as a result of the coup, 
                separate from legitimate travel limits as a result of 
                the COVID-19 pandemic;</DELETED>
                <DELETED>    (D) 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;</DELETED>
                <DELETED>    (E) allow for freedom of expression, 
                including the right to protest, press freedom, and 
                freedom of movement; and</DELETED>
                <DELETED>    (F) allow unfettered reporting from local, 
                national, and international media;</DELETED>
        <DELETED>    (3) calls on social media companies, in particular 
        Facebook, to suspend the accounts of USDP and Tatmadaw military 
        leaders that have used their platforms to spread 
        disinformation, fear, and psychological violence;</DELETED>
        <DELETED>    (4) supports the use of all diplomatic and 
        development tools to ensure that in conflict contexts 
        vulnerable groups, including ethnic and religious minorities, 
        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 military; and</DELETED>
        <DELETED>    (5) calls on the President, the Secretary of 
        State, and the Secretary of Defense to immediately take all 
        steps necessary under the coup designation and to--</DELETED>
                <DELETED>    (A) reinstate and impose new targeted 
                restrictions aimed at the Tatmadaw, military-owned or 
                controlled enterprises, and those responsible for the 
                February 1, 2021, coup;</DELETED>
                <DELETED>    (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 forcefully 
                condemn the coup and enact multilateral, targeted 
                sanctions on the military, military owned businesses, 
                military partners' business interests, and others 
                connected to the coup;</DELETED>
                <DELETED>    (C) enact 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 civilian-
                controlled parliament respecting the November 8, 2020, 
                election results; and</DELETED>
                <DELETED>    (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.</DELETED>
That the Senate--
            (1) supports the people of Burma in their ambition for a 
        genuine democracy, sustainable peace and genuine ethnic 
        reconciliation, and the realization of fundamental human rights 
        for all, including for ethnic minorities whose human rights 
        have been violated repeatedly and who have been disenfranchised 
        historically;
            (2) calls on the military junta to--
                    (A) immediately and unconditionally release all 
                those detained as a result of the military coup on 
                February 1, 2021;
                    (B) immediately restore all forms of 
                communications, including access to the internet 
                without surveillance;
                    (C) remove all impediments to free travel that have 
                been imposed as a result of the coup;
                    (D) 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;
                    (E) allow for freedom of expression, including the 
                right to protest, peaceful assembly, press freedom, and 
                freedom of movement; and
                    (F) allow unfettered reporting from local, 
                national, and international media;
            (3) calls on social media companies to suspend the accounts 
        of USDP and Tatmadaw military leaders that have used their 
        platforms to spread disinformation, fear, and psychological 
        violence;
            (4) supports the use of all diplomatic and development 
        tools to ensure that vulnerable groups, including ethnic and 
        religious minorities, 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 
        military;
            (5) expresses grave concern for the safety and security of 
        hundreds of thousands of Rohingya refugees who previously fled 
        the Tatmadaw, and now face challenging conditions in camps like 
        Cox's Bazar and Bhasan Char in Bangladesh or risk being turned 
        away or moved into holding centers in other neighboring 
        countries;
            (6) 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) and 
        any similar or successor law governing United States foreign 
        assistance following a coup d'etat, and to immediately--
                    (A) impose targeted restrictions aimed at the 
                Tatmadaw, 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 and take steps to ensure that international 
                economic engagement in Burma does not contribute to 
                human rights abuses and enrich 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 civilian-controlled 
                parliament respecting the November 8, 2020, election 
                results; and
                    (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; and
            (7) urges the Secretary of State to swiftly conduct an 
        Interagency Process and issue a determination as to whether the 
        crimes committed by the Burmese military against the Rohingya 
        beginning in August 2017 constitute crimes against humanity or 
        genocide.

                                                        Calendar No. 26

117th CONGRESS

  1st Session

                               S. RES. 35

_______________________________________________________________________

                               RESOLUTION

 Condemning the military 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 and 
for those elected to serve in parliament to resume their duties without 
                  impediment, and for other purposes.

_______________________________________________________________________

                             March 24, 2021

      Reported with an amendment and an amendment to the preamble
```