A 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, and calling for those elected to serve in parliament to resume their duties without impediment, and for other purposes.

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. COL- LINS, 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 uncondi- tional release of all those detained, promoting account- ability and justice for those killed by the Tatmadaw, VerDate Sep 11 2014 02:15 Feb 02, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\SR35.ATS SR35 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 De- velopment 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 Genera- tion and other civil society leaders; Whereas, since February 1, 2021, the Tatmadaw has de- tained 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 ci- vilian 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 polit- ical competition; Whereas the Tatmadaw has become the world’s second larg- est detainer of journalists, with over 100 journalists im- prisoned 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 Ban- gladesh; Whereas fighting between the Tatmadaw and several ethnic armed groups continues, with government forces commit- VerDate 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, tele- communications, and the media, limiting access to infor- mation to and from Burma during a political and public health crisis; Whereas senior generals of the Tatmadaw have been sanc- tioned 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 Inter- national Court of Justice; Whereas, on January 28, 2021, the Union Election Commis- sion 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 tar- geting of specific ethnic groups; and Whereas senior United States officials have committed to making a determination of whether such atrocities con- stitute genocide: Now, therefore, be it Resolved, That the Senate— 1 (1) supports the people of Burma in their ambi- 2 tion for democracy, sustainable peace, and genuine 3 ethnic and religious reconciliation, and the realiza- 4 VerDate 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 tion of internationally recognized human rights for 1 all, including for ethnic and religious groups whose 2 human rights have been violated repeatedly and who 3 have been disenfranchised historically; 4 (2) calls on the Tatmadaw to— 5 (A) immediately and unconditionally re- 6 lease all political prisoners detained as a result 7 of the military coup on February 1, 2021; 8 (B) immediately restore all forms of com- 9 munications, including access to the internet 10 without surveillance; 11 (C) immediately end the use of violence 12 and allow for a legal process for accountability 13 and justice for those unlawfully detained, in- 14 jured, and killed by the Tatmadaw; 15 (D) remove all impediments to free travel 16 that have been imposed as a result of the coup; 17 (E) return to power all members of the ci- 18 vilian government elected in the November 8, 19 2020, elections and allow them to fulfill their 20 mandate without impediment; 21 (F) allow for freedom of expression, includ- 22 ing the right to protest, peaceful assembly, 23 press freedom, and freedom of movement; and 24 VerDate Sep 11 2014 02:15 Feb 02, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\SR35.ATS SR35 kjohnson on DSK79L0C42PROD with BILLS 5 SRES 35 ATS (G) allow unfettered reporting from local, 1 national, and international media; 2 (3) calls on social media companies to suspend 3 the accounts of the Union Solidarity and Develop- 4 ment Party and the Tatmadaw that have used their 5 platforms to spread disinformation, fear, and psy- 6 chological violence; 7 (4) supports the use of all diplomatic, economic, 8 and development tools to ensure that vulnerable 9 groups, including ethnic and religious groups, as well 10 as all children, youth, and teachers in educational 11 settings are safe, and schools and universities are 12 not targeted for attacks or use by the Tatmadaw; 13 (5) expresses grave concern for the safety and 14 security of hundreds of thousands of internally dis- 15 placed persons (referred to in this resolution as 16 ‘‘IDPs’’) and refugees who have been displaced by 17 the Tatmadaw and now face challenging conditions 18 in camps; 19 (6) expresses grave concern for the 3,000,000 20 people of Burma who are in need of humanitarian 21 aid, including the 223,000 IDPs in Burma, of which 22 165,000 remain in the southeast, adding to those al- 23 ready displaced in Rakhine, Chin, Shan and Kachin 24 states; 25 VerDate Sep 11 2014 02:15 Feb 02, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\SR35.ATS SR35 kjohnson on DSK79L0C42PROD with BILLS 6 SRES 35 ATS (7) encourages Burma’s neighboring countries, 1 including Thailand, India, and Bangladesh, to mean- 2 ingfully assist refugees who have fled and continue 3 to flee the Tatmadaw; 4 (8) calls on the President, the Secretary of 5 State, and the Secretary of Defense to fully imple- 6 ment section 7008 of the Department of State, For- 7 eign Operations, and Related Programs Appropria- 8 tions Act, 2021 (division K of Public Law 116–260) 9 and any similar or successor law governing United 10 States foreign assistance following a coup d’etat, 11 and to immediately— 12 (A) impose targeted restrictions aimed at 13 the Tatmadaw, military-owned or controlled en- 14 terprises, and those responsible for the Feb- 15 ruary 1, 2021, coup; 16 (B) work with the international commu- 17 nity, including at the United Nations Security 18 Council, with United States allies in the region, 19 and with the Association of Southeast Asian 20 Nations, to condemn the coup, delegitimize the 21 junta, and take steps to ensure that inter- 22 national economic engagement in Burma does 23 not contribute to human rights abuses and ben- 24 efit individuals connected to the coup; 25 VerDate Sep 11 2014 02:15 Feb 02, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\SR35.ATS SR35 kjohnson on DSK79L0C42PROD with BILLS 7 SRES 35 ATS (C) support conditionality on diplomatic, 1 economic, and security relations with Burma, 2 including using the voice and vote of the United 3 States at multilateral development institutions, 4 until all those detained in the February 1, 5 2021, coup are released and there has been a 6 full restoration of civilian-controlled parliament 7 respecting the November 8, 2020, election re- 8 sults; 9 (D) utilize the United States Government’s 10 position on the United Nations Security Council 11 to bring about greater international cooperation 12 in the pursuit of justice and accountability in 13 Burma; 14 (E) legitimize and provide assistance to the 15 National Unity Government of the Republic of 16 the Union of Myanmar, the National Unity 17 Consultative Council, the Civil Disobedience 18 Movement in Myanmar, and other entities pro- 19 moting democracy in Burma, while simulta- 20 neously denying legitimacy and resources to the 21 junta; 22 (F) promote national reconciliation among 23 the diverse ethnic and religious groups in 24 Burma; 25 VerDate Sep 11 2014 02:15 Feb 02, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\SR35.ATS SR35 kjohnson on DSK79L0C42PROD with BILLS 8 SRES 35 ATS (G) counter support to the junta by the 1 People’s Republic of China and the Russian 2 Federation; and 3 (H) secure the restoration of democracy, 4 the establishment of an inclusive and represent- 5 ative civilian government and a reformed mili- 6 tary reflecting the diversity of Burma and 7 under civilian control, and the enactment of 8 constitutional, political, and economic reform in 9 Burma; and 10 (9) urges the Secretary of State to swiftly con- 11 duct an Interagency Process and issue a determina- 12 tion as to whether the targeting and murder of inno- 13 cent civilians by the Tatmadaw during and after the 14 February 1, 2021, coup d’etat, specifically those as- 15 sociated with ethnic and religious groups in Burma, 16 and crimes committed by the Tatmadaw against 17 such ethnic and religious groups prior to the coup 18 constitute crimes against humanity or genocide. 19 Æ VerDate Sep 11 2014 02:15 Feb 02, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\SR35.ATS SR35 kjohnson on DSK79L0C42PROD with BILLS