Burma Human Rights and Freedom Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1186 To promote democracy and human rights in Burma, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 11, 2019 Mr. CARDIN (for himself, Mr. YOUNG, Mr. DURBIN, Mr. RUBIO, Mr. MERKLEY, Ms. COLLINS, Ms. CANTWELL, Mr. MURPHY, Mr. WYDEN, Mr. CASEY, Mr. MARKEY, Mr. KAINE, Ms. BALDWIN, Mr. SCHATZ, Mr. COONS, and Mr. BOOKER) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To promote democracy and human rights in Burma, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Burma Human Rights 4 and Freedom Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) The United States policy of principled en- 8 gagement since 1988 has fostered positive demo- 9 VerDate Sep 11 2014 22:41 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1186.IS S1186 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1186 IS cratic reforms in Burma, but there remain impor- 1 tant structural, societal, and systemic impediments 2 to the realization of a fully democratic civilian gov- 3 ernment. 4 (2) On August 25, 2017, Burmese military 5 forces initiated a violent crackdown in Burma’s 6 Rakhine state, attacking police posts and inciting 7 what was, for an extended period of time, the 8 world’s fastest-growing refugee crisis. Refugee flows 9 have since slowed down significantly, but continue to 10 this day. 11 (3) More than 727,000 Rohingya have fled to 12 Bangladesh since August 2017, fearing loss of liveli- 13 hoods and shelter and disproportionate use of force 14 by the military of Burma. As of January 2019, over 15 900,000 Rohingya reside in refugee camps in Ban- 16 gladesh. 17 (4) In April 2018, the Department of State de- 18 termined that ethnic cleansing against the Rohingya 19 minority in Rakhine State occurred during the pre- 20 vious year, as documented in the annual Country 21 Report on Human Rights Practices for Burma. 22 (5) On December 21, 2017, and August 17, 23 2018, using the authority granted by the Global 24 Magnitsky Human Rights Accountability Act (sub- 25 VerDate Sep 11 2014 22:41 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1186.IS S1186 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1186 IS title F of title XII of Public Law 114–328), the 1 United States Government imposed sanctions on 2 Maung Maung Soe and added Lt. General Aung 3 Kyaw Zaw, Major General Khin Hlaing, Major Gen- 4 eral Khin Maung Soe, and Brigadier General Thura 5 San Lwin, as well as the 33rd Light Infantry Divi- 6 sion and the 99th Light Infantry Division, to the 7 Specially Designated Nationals (SDN) list. 8 (6) On August 24, 2018, the United Nations 9 Independent International Fact-Finding Mission on 10 Myanmar issued a report stating that ‘‘there is suf- 11 ficient information to warrant the investigation and 12 prosecution of senior officials in the Tatmadaw 13 chain of command, so that a competent court can 14 determine their liability for genocide in relation to 15 the situation in Rakhine State’’. 16 (7) On September 24, 2018, the Department of 17 State released a report that laid out a compelling 18 case for crimes against humanity committed by the 19 Burmese military against Burma’s Rohingya popu- 20 lation in Rakhine state, while stopping short of a 21 legal determination. 22 (8) On September 28, 2018, the United Na- 23 tions Human Rights Council approved the establish- 24 ment of ‘‘an independent mechanism to collect and 25 VerDate Sep 11 2014 22:41 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1186.IS S1186 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1186 IS analyze evidence in regard to the serious inter- 1 national crimes committed in Myanmar against 2 Rohingya Muslims and other minorities since 2011’’. 3 (9) Amnesty International and Human Rights 4 Watch have reported and documented a campaign of 5 violence perpetuated by the security forces of Burma 6 that ‘‘may amount to crimes against humanity’’ and 7 ‘‘ethnic cleansing’’ and includes indiscriminate at- 8 tacks on civilians; rape of women and girls; and ar- 9 bitrary arrest and detention of Rohingya men with- 10 out charge. 11 (10) The Government of Burma continues to 12 block access to northern Rakhine State by United 13 Nations and other humanitarian organizations, pre- 14 venting hundreds of thousands of vulnerable 15 Rohingya, Rakhine, and other ethnic groups, includ- 16 ing children with acute malnutrition, from receiving 17 humanitarian aid. 18 (11) The people of Burma continue to suffer 19 from ongoing armed conflict between the military of 20 Burma, known as the Tatmadaw, the Arakan Army, 21 and nearly 20 armed ethnic organizations. 22 (12) Corruption and lack of transparency allow 23 Burma’s military junta to use the trade of Burma’s 24 natural resources, in particular jade and rubies, to 25 VerDate Sep 11 2014 22:41 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1186.IS S1186 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1186 IS enrich notorious leaders, including former dictator 1 Than Shwe and United States-sanctioned drug lord 2 Hsueh Kang Wei. Vested interests in jade and ru- 3 bies undermine prospects for resolving the most in- 4 tractable armed conflict in Burma. 5 (13) Any prospects for a full democracy in 6 Burma are contingent on ending the civil wars and 7 finding a path toward national reconciliation that 8 builds respect for the dignity of Burma’s ethnic and 9 religious minorities. 10 SEC. 3. DEFINITIONS. 11 In this Act: 12 (1) APPROPRIATE CONGRESSIONAL COMMIT- 13 TEES.—The term ‘‘appropriate congressional com- 14 mittees’’ means— 15 (A) the Committee on Foreign Relations 16 and the Committee on Armed Services of the 17 Senate; and 18 (B) the Committee on Foreign Affairs and 19 the Committee on Armed Services of the House 20 of Representatives. 21 (2) CRIMES AGAINST HUMANITY.—The term 22 ‘‘crimes against humanity’’ includes, when com- 23 mitted as part of a widespread or systematic attack 24 VerDate Sep 11 2014 22:41 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1186.IS S1186 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1186 IS directed against any civilian population, with knowl- 1 edge of the attack— 2 (A) murder; 3 (B) deportation or forcible transfer of pop- 4 ulation; 5 (C) torture; 6 (D) rape, sexual slavery, or any other form 7 of sexual violence of comparable severity; 8 (E) persecution against any identifiable 9 group or collectivity on political, racial, na- 10 tional, ethnic, cultural, religious, gender or 11 other grounds that are universally recognized as 12 impermissible under international law; and 13 (F) enforced disappearance of persons. 14 (3) GENOCIDE.—The term ‘‘genocide’’ means 15 any offense described in section 1091(a) of title 18, 16 United States Code. 17 (4) TRANSITIONAL JUSTICE.—The term ‘‘tran- 18 sitional justice’’ means the range of judicial, non- 19 judicial, formal, informal, retributive, and restorative 20 measures employed by countries transitioning out of 21 armed conflict or repressive regimes— 22 (A) to redress legacies of atrocities; and 23 (B) to promote long-term, sustainable 24 peace. 25 VerDate Sep 11 2014 22:41 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1186.IS S1186 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1186 IS (5) WAR CRIME.—The term ‘‘war crime’’ has 1 the meaning given the term in section 2441(c) of 2 title 18, United States Code. 3 SEC. 4. STATEMENT OF POLICY. 4 It is the policy of the United States that— 5 (1) the pursuit of a calibrated engagement 6 strategy is essential to support the establishment of 7 a peaceful, prosperous, and democratic Burma that 8 includes respect for the human rights of all its peo- 9 ple regardless of ethnicity and religion; and 10 (2) the guiding principles of such a strategy in- 11 clude— 12 (A) support for meaningful legal and con- 13 stitutional reforms that remove remaining re- 14 strictions on civil and political rights and insti- 15 tute civilian control of the military, civilian con- 16 trol of the government, and the constitutional 17 provision reserving 25 percent of parliamentary 18 seats for the military, which provides the mili- 19 tary with veto power over constitutional amend- 20 ments; 21 (B) the establishment of a fully demo- 22 cratic, pluralistic, civilian controlled, and rep- 23 resentative political system that includes regu- 24 VerDate Sep 11 2014 22:41 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1186.IS S1186 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1186 IS larized free and fair elections in which all peo- 1 ple of Burma, including the Rohingya, can vote; 2 (C) the promotion of genuine national rec- 3 onciliation and conclusion of a credible and sus- 4 tainable nationwide ceasefire agreement, polit- 5 ical accommodation of the needs of ethnic Shan, 6 Kachin, Chin, Karen, and other ethnic groups, 7 safe and voluntary return of displaced persons 8 to villages of origins, and constitutional change 9 allowing inclusive permanent peace; 10 (D) independent and international inves- 11 tigations into credible reports of war crimes, 12 crimes against humanity, including sexual and 13 gender-based violence and genocide, perpetrated 14 against ethnic minorities like the Rohingya by 15 the government, military, and security forces of 16 Burma, violent extremist groups, and other 17 combatants involved in the conflict; 18 (E) accountability for determinations of 19 war crimes, crimes against humanity, including 20 sexual and gender-based violence and genocide 21 perpetrated against ethnic minorities like the 22 Rohingya by the Government, military, and se- 23 curity forces of Burma, violent extremist 24 VerDate Sep 11 2014 22:41 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1186.IS S1186 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1186 IS groups, and other combatants involved in the 1 conflict; 2 (F) strengthening the government’s civilian 3 institutions, including support for greater trans- 4 parency and accountability; 5 (G) the establishment of professional and 6 nonpartisan military, security, and police forces 7 that operate under civilian control; 8 (H) empowering local communities, civil 9 society, and independent media; 10 (I) promoting responsible international and 11 regional engagement; 12 (J) strengthening respect for and protec- 13 tion of human rights and religious freedom; 14 (K) addressing and ending the humani- 15 tarian and human rights crises, including by 16 supporting the return of the displaced Rohingya 17 to their homes and granting or restoring full 18 citizenship for the Rohingya population; and 19 (L) promoting broad-based, inclusive eco- 20 nomic development and fostering healthy and 21 resilient communities. 22 VerDate Sep 11 2014 22:41 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1186.IS S1186 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1186 IS SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR HUMAN- 1 ITARIAN ASSISTANCE AND RECONCILIATION. 2 There is authorized to be appropriated not less than 3 $220,500,000 for fiscal year 2020 for humanitarian as- 4 sistance and reconciliation activities for ethnic groups and 5 civil society organizations in Burma, Bangladesh, Thai- 6 land, and the region. The assistance may include— 7 (1) assistance for the victims of the Burmese 8 military’s crimes against humanity targeting 9 Rohingya and other ethnic minorities in Rakhine 10 State, Kachin, and Shan States, including those dis- 11 placed in Burma, Bangladesh, Thailand, and the re- 12 gion; 13 (2) support for voluntary resettlement or repa- 14 triation in Burma, pending a genuine repatriation 15 agreement that is developed and negotiated with 16 Rohingya involvement and consultation; 17 (3) assistance to promote ethnic and religious 18 tolerance, to combat gender-based violence, and to 19 support victims of violence and destruction in 20 Rakhine, Kachin, and Shan States, including victims 21 of gender-based violence and unaccompanied minors; 22 (4) support for formal education for children 23 currently living in the camps, and opportunities to 24 access higher education in Bangladesh; 25 VerDate Sep 11 2014 22:41 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1186.IS S1186 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1186 IS (5) support for programs to investigate and 1 document allegations of war crimes and crimes 2 against humanity, including sexual and gender-based 3 violence and genocide committed in Burma; 4 (6) assistance to ethnic groups and civil society 5 in Burma to help sustain ceasefire agreements and 6 further prospects for reconciliation and sustainable 7 peace; and 8 (7) promotion of ethnic minority inclusion and 9 participation in Burma’s political processes. 10 SEC. 6. MULTILATERAL ASSISTANCE. 11 The Secretary of the Treasury should instruct the 12 United States executive director of each international fi- 13 nancial institution to use the voice and vote of the United 14 States to support projects in Burma that— 15 (1) provide for accountability and transparency, 16 including the collection, verification, and publication 17 of beneficial ownership information related to extrac- 18 tive industries and on-site monitoring during the life 19 of the project; 20 (2) will be developed and carried out in accord- 21 ance with best practices regarding environmental 22 conservation, cultural protection, and empowerment 23 of local populations, including free, prior, and in- 24 formed consent of affected indigenous communities; 25 VerDate Sep 11 2014 22:41 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1186.IS S1186 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1186 IS (3) do not provide incentives for, or facilitate, 1 forced displacement; and 2 (4) do not partner with or otherwise involve en- 3 terprises owned or controlled by the armed forces. 4 SEC. 7. SENSE OF CONGRESS ON RIGHT OF RETURNEES 5 AND FREEDOM OF MOVEMENT. 6 (a) RIGHT OF RETURN.—It is the sense of Congress 7 that the Government of Burma, in collaboration with the 8 regional and international community, including the 9 United Nations High Commissioner for Refugees, 10 should— 11 (1) ensure the dignified, safe, sustainable, and 12 voluntary return of all those displaced from their 13 homes, especially from Rakhine State, without an 14 unduly high burden of proof, and the opportunity to 15 obtain appropriate compen [Text truncated for display. Full text available on Congress.gov.]