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. GILLI-
BRAND, 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 No-
vember 8, 2020.
Whereas the Union Election Commission of Burma an-
nounced 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 elec-
tions, and November 2015;
Whereas the ongoing Tatmadaw offensives in Rakhine, south-
ern 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 allo-
cate 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 ena-
bling the military to exercise outsized power and influ-
ence 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 crit-
ical 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 lim-
its the right to form and join political parties only to full
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citizens, thereby severely curtailing the political participa-
tion 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 citizen-
ship 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, there-
by 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 informa-
tion since the onset of COVID–19;
Whereas the Government of Burma continues to curtail free-
dom 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 ob-
servation 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 dis-
placed persons;
Whereas ongoing conflict in 2015 was used to justify the can-
cellation 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 ren-
dered 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, join-
ing 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 condi-
tions 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 repatri-
ation, 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 sanc-
tioned by the United States Government for perpetrating
gross human rights violations and are subject to ongoing
investigations into their conduct by both the Inter-
national Criminal Court and the International Court of
Justice; and
Whereas the United Nations Special Rapporteur on the Situ-
ation 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 reli-
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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
Resolved, That the Senate—
1
(1) recognizes the importance of free, fair, in-
2
clusive, transparent, participatory, and credible elec-
3
tions in Burma and that the 2020 elections mark a
4
critical juncture in Burma’s democratic process;
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(2) stands with the people of Burma in their
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ambition for sustainable peace, a genuine democ-
7
racy, and the realization of fundamental human
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rights for all;
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(3) calls upon the President and the Secretary
10
of State to—
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(A) support Burma’s democratic transi-
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tion, including by emphasizing the importance
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to that transition of this election as well as of
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the Government of Burma undertaking a cred-
15
ible and sustainable process of genuine national
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and ethnic reconciliation;
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(B) support free, fair, inclusive, trans-
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parent, participatory, and credible elections in
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Burma, including by working to ensure that the
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Tatmadaw and its affiliates do not interfere
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with vigorous public debate or the mechanism
1
of the electoral process and that other govern-
2
ment officials do not use official resources for
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electioneering;
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(C) call for a ceasefire in all Burmese
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states and localities to ensure that conflict is
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not used as an excuse to deny people the right
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to vote;
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(D) support the right to vote for internally
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displaced persons, refugees, and other Burmese
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communities outside of Burma, with specific at-
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tention to the disenfranchised Rohingya people;
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(E) condemn any action taken by the gov-
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ernment, political parties, military, or Union
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Election Commission to limit civil society par-
15
ticipation in the election, including prohibitions
16
on voter education and election observation, or
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otherwise restrict civil society or humanitarian
18
space in the lead up to the election or in the
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post-election period;
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(F) ensure that United States-based social
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media companies, including Facebook, not allow
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their platforms to be used as vehicles for
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spreading misinformation or advocating violence
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or voter intimidation to suppress voter partici-
1
pation; and
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(G) ensure that the Department of State’s
3
2020 Country Report on Human Rights Prac-
4
tices includes an extensive evaluation of the
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Burmese election, including an assessment of
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inclusivity, participation, and interference;
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(4) calls upon the United States Government,
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in partnership with the international community, to
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ensure that the Union Election Commission func-
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tions as an independent electoral management body
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that establishes a regulatory framework that fosters
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fair, open, and transparent electoral processes, and
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that the Tatmadaw publicly affirms that it will
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honor the results of such elections;
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(5) calls upon the Secretary of State and the
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Administrator of the United States Agency for
17
International Development to work with like-minded
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regional and international organizations, such as the
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International Foundation for Electoral Systems, the
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International Institute for Democracy and Electoral
21
Assistance, the Asian Network for Free Elections,
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People’s Alliance for Credible Elections (PACE),
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and the Carter Center, to ensure that the general
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elections in Burma meet international standards of
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free and fair elections, including by seeking full and
1
unimpeded access to all aspects of the electoral proc-
2
ess for international and domestic observers; and
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(6) calls on the President to consider sanc-
4
tioning individuals within the Government of Burma,
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the Tatmadaw, and among military associated busi-
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nesses and ultranationalist groups, whom the United
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States Government determines undermine free, fair,
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inclusive, transparent, participatory, and credible
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elections in Burma or the safety of such elections.
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Æ
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