What This Bill Does
This resolution condemns the military coup in Burma on February 1, 2021. It calls for the immediate release of all political prisoners, an end to violence, and restoration of the civilian government elected in November 2020. The Senate expresses its support for Burma's people and directs the President and Secretary of State to implement existing laws restricting aid and imposing sanctions on the military regime.
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Who It Affects
- The people of Burma and those displaced by the military
- The Burmese military regime and military-owned enterprises
- Social media companies operating in Burma
- The U.S. President, Secretary of State, and Secretary of Defense
- Neighboring countries including Thailand, India, and Bangladesh
- The Association of Southeast Asian Nations (ASEAN)
- The National Unity Government of Myanmar and Civil Disobedience Movement organizations
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Key Provisions
- The Senate calls on the Burmese military to immediately and unconditionally release all political prisoners detained since the February 1, 2021 coup (Sec. 2(A))
- The Senate directs the President and Secretary of State to fully implement the BURMA Act of 2022 and impose targeted restrictions on the military regime and those responsible for the coup (Sec. 9(A))
- The Senate calls for the restoration of all civilian government members elected in November 2020 elections and removal of impediments to their duties (Sec. 2(E))
- The Senate calls on social media companies to take action against accounts of the military regime and Union Solidarity and Development Party that spread disinformation and threats of violence (Sec. 3)
- The Senate directs U.S. leadership to work internationally to condemn the coup and delegitimize any military-run elections (Sec. 9(B))
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What Changes
This is a resolution expressing the Senate's position, not a law that creates new requirements. However, the bill directs existing executive branch officials to more fully implement previously enacted laws restricting assistance and imposing sanctions on Burma's military regime.
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Important Definitions
- **Internally Displaced Persons (IDPs)**: People forced from their homes within Burma by the military
- **Junta**: The military leadership controlling Burma's government (a ruling group that seized power by force)
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Effective Date
Not specified in bill text
III
Calendar No. 154
118TH CONGRESS
1ST SESSION
S. RES. 20
Condemning the coup that took place on February 1, 2021, in Burma and
the Burmese military’s detention of civilian leaders, calling for an imme-
diate and unconditional release of all those detained, promoting account-
ability and justice for those killed by the Burmese military, 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
JANUARY 31, 2023
Mr. CARDIN (for himself, Mr. YOUNG, Mr. MERKLEY, Ms. COLLINS, Mr.
KAINE, Mr. VAN HOLLEN, Mrs. SHAHEEN, Mrs. GILLIBRAND, and Mr.
PADILLA) submitted the following resolution; which was referred to the
Committee on Foreign Relations
JULY 25, 2023
Reported by Mr. MENENDEZ, with an amendment, and an amendment to the
preamble, and an amendment to the title
[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 coup that took place on February 1, 2021,
in Burma and the Burmese military’s detention of civil-
ian leaders, calling for an immediate and unconditional
release of all those detained, promoting accountability
and justice for those killed by the Burmese military,
and calling for those elected to serve in parliament to
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•SRES 20 RS
resume their duties without impediment, and for other
purposes.
Whereas, on February 1, 2021, the Burmese military and its
aligned Union Solidarity and Development Party (USDP)
conducted a coup against the civilian government hours
before Parliament was to convene in a new session, re-
sulting in the military junta illegally detaining State
Counsellor Aung San Suu Kyi, President Win Myint, and
members of Parliament, as well as pro-democracy activ-
ists from the 88 Generation and other civil society lead-
ers;
Whereas, since February 1, 2021, the Burmese military has
detained more than 13,000 people for exercising their
rights of freedom of speech and assembly and killed more
than 2,800 civilians, including children;
Whereas the Burmese military 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 polit-
ical competition;
Whereas Aung San Suu Kyi was sentenced to 33 years in
prison for multiple spurious charges;
Whereas the Burmese military has become the world’s second
largest detainer of journalists, with over 100 journalists
imprisoned since the coup;
Whereas the Burmese military’s actions have driven hundreds
of thousands from their homes and driven thousands to
flee across Burma’s borders into Thailand, India, and
Bangladesh;
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•SRES 20 RS
Whereas fighting between the Burmese military and several
ethnic armed groups continues, with government forces
committing increasingly violent abuses against ethnic
Karen,
Kayah,
Kachin,
Chin,
Rakhine,
Shan,
and
Rohingya minority populations;
Whereas the Burmese military restricted freedom of move-
ment, telecommunications, and the media, limiting access
to information to and from Burma during the COVID–
19 pandemic, which exacerbated the political crisis initi-
ated by the February 1, 2021 coup;
Whereas senior generals of the Burmese military 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 Inter-
national Court of Justice;
Whereas, on January 28, 2021, the Union Election Commis-
sion rejected allegations by the Burmese military that
fraud played a significant role in determining the out-
come of the November 2020 elections;
Whereas Burma’s November 2020 elections resulted in the
National League for Democracy party securing enough
seats in Parliament to form the next government;
Whereas Burmese military general Min Aung Hlaing has an-
nounced his intentions for Burmese parliamentary elec-
tions to be held by August 1, 2023;
Whereas, without full participation from relevant political
forces in the country, including civil society groups and
opposition parties, and without a robust presence of cred-
ible international observers, the results of any parliamen-
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•SRES 20 RS
tary election run by the military regime will not gain
widespread acceptance, domestically or internationally;
Whereas, in July 2022, the Burmese military executed four
male activists accused of aiding insurgents to fight Bur-
ma’s army following secret trials;
Whereas, in response to the Civil Disobedience Movement’s
opposition protests, the Burmese military has used live
fire, water cannons, and rubber bullets against peace
protestors;
Whereas, in December 2021, violent reprisals against peace-
ful protests resulted in the torture and subsequent deaths
of over 40 civilians in Sagaing;
Whereas the Burmese military has a long history of commit-
ting atrocities against the people of Burma, including the
targeting of specific ethnic groups;
Whereas,
as
of
October
2022,
over
943,000
stateless
Rohingya refugees reside in Ukhiya and Teknaf Upazilas,
Bangladesh, the vast majority of whom live in 34 ex-
tremely congested camps;
Whereas, on March 21, 2022, the United States Secretary of
State formally determined that members of the Burmese
military committed genocide and crimes against humanity
against Rohingya in 2016 and 2017;
Whereas
the
Association
of
Southeast
Asian
Nations
(ASEAN) and ASEAN member states continue to play
an important role in addressing the crisis in Burma, in-
cluding through the provision of humanitarian assistance
in Burma and by preventing junta leadership from par-
ticipating in ASEAN meetings, absent progress on the 5
Point Consensus;
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•SRES 20 RS
Whereas United Nations Special Rapporteur on the Situation
of Human Rights in Myanmar Thomas H. Andrews and
Special Envoy of the Secretary-General on Myanmar
Noeleen Heyzer continue to provide ongoing reporting
and analysis of the dire and deteriorating situation for
the men, women, and children of Burma, inside the coun-
try and as refugees, including through presentations to
the United Nations Human Rights Council and the
United Nations General Assembly, and through reports
that document the illegitimacy of the Burmese junta and
urge member states to engage in coordinated sanctions
and weapon embargos against the junta;
Whereas
the
Independent
Investigative
Mechanism
for
Myanmar continues to collect, consolidate, preserve, and
analyze evidence of serious international crimes and viola-
tions of international law committed in Myanmar since
2011, and helps to facilitate and expedite fair and inde-
pendent criminal proceedings; and
Whereas, in December 2022, the United Nations Security
Council adopted Resolution 2669 on Burma, the first res-
olution on Burma since the country was admitted as a
member state in 1948, calling for the immediate end to
all forms of violence and urging restraint and the release
of all prisoners: Now, therefore, be it
Whereas, on February 1, 2021, Burma’s military regime and
its aligned Union Solidarity and Development Party
(USDP) conducted a coup against the civilian government
of Burma hours before Parliament was to convene in a
new session, resulting in the military junta illegally de-
taining State Counsellor Aung San Suu Kyi, President
Win Myint, and members of Parliament, as well as pro-
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•SRES 20 RS
democracy activists from the 88 Generation and other civil
society leaders;
Whereas, since February 1, 2021, Burma’s military regime has
detained more than 13,000 people for exercising their
rights of freedom of speech and assembly and killed more
than 2,800 civilians, including children;
Whereas Burma’s military regime put the democratically elect-
ed 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 polit-
ical competition;
Whereas, in March 2023, Burma’s military regime-controlled
Union Election Commission abolished 40 political parties
on legally spurious grounds, including the National
League for Democracy;
Whereas Burma’s military regime has become one of the
world’s largest detainer of journalists, with over 100 jour-
nalists imprisoned since the coup;
Whereas the actions of Burma’s military regime have driven
hundreds of thousands from their homes and driven thou-
sands to flee across Burma’s borders into Thailand, India,
and Bangladesh;
Whereas fighting between Burma’s military regime and several
ethnic armed groups continues, with government forces
committing increasingly violent abuses against ethnic
Karen, Kayah, Kachin, Chin, Rakhine, Shan, and
Rohingya minority populations;
Whereas senior generals of Burma’s military regime have been
sanctioned by the United States Government for serious
human rights abuses and for their role in the coup;
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•SRES 20 RS
Whereas cases of Burma’s military regime and individual
members of the security forces responsible for atrocities are
being investigated and adjudicated in ongoing judicial
processes, including at the International Criminal Court
and the International Court of Justice;
Whereas, in December 2021, violent reprisals against peaceful
protests resulted in the torture and subsequent deaths of
over 40 civilians in Sagaing;
Whereas Burma’s military regime has a long history of com-
mitting atrocities against people across Burma, including
the targeting of specific ethnic groups;
Whereas, on March 21, 2022, the United States Secretary of
State announced his determination that members of Bur-
ma’s military regime committed genocide and crimes
against humanity against Rohingya; and
Whereas the governments of the People’s Republic of China and
the Russian Federation have taken advantage of the coup
to extend their own security interests and commercial pri-
orities, neither of which are in the interest of the people
of Burma, the United States, or the military and economic
interests of the United States in the Indo-Pacific: Now,
therefore, be it
Resolved, That the Senate—
1
(1) supports the people of Burma in their quest
2
for democracy, sustainable peace, and genuine ethnic
3
and religious reconciliation, and the realization of
4
internationally recognized human rights for all, in-
5
cluding for ethnic and religious groups whose human
6
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•SRES 20 RS
rights have been violated repeatedly and who have
1
been disenfranchised historically;
2
(2) calls on the Burmese military to—
3
(A) immediately and unconditionally re-
4
lease all political prisoners detained as a result
5
of the coup on February 1, 2021;
6
(B) immediately restore all forms of com-
7
munication, including access to the internet
8
without surveillance;
9
(C) immediately end the use of violence
10
and allow for a legal process for accountability
11
and justice for those unlawfully detained, in-
12
jured, and killed by the Burmese military;
13
(D) remove all impediments to free travel
14
that have been imposed as a result of the coup;
15
(E) return to power all members of the ci-
16
vilian government elected in the November 8,
17
2020, elections and allow them to fulfill their
18
mandate without impediment;
19
(F) allow for freedom of expression, includ-
20
ing the right to protest, peaceful assembly,
21
press freedom, and freedom of movement; and
22
(G) allow unfettered reporting from local,
23
national, and international media;
24
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•SRES 20 RS
(3) calls on social media companies to suspend
1
the accounts of the Union Solidarity and Develop-
2
ment Party and the Burmese military that have
3
used their platforms to spread disinformation, fear,
4
and threats of violence;
5
(4) supports the use of all diplomatic, economic,
6
and development tools to ensure that vulnerable
7
groups, including ethnic and religious groups, as well
8
as all children, youth, and teachers in educational
9
settings are safe, and schools and universities are
10
not targeted for attacks or use by the Burmese mili-
11
tary;
12
(5) expresses grave concern for the safety and
13
security of the more than 1,000,000 internally dis-
14
placed persons (referred to in this resolution as
15
‘‘IDPs’’) and refugees who have been displaced by
16
the Burmese military and now face challenging con-
17
ditions in camps;
18
(6) expresses grave concern for the 17,600,000
19
people of Burma who are in need of humanitarian
20
aid, including the 1,500,000 IDPs in Burma, of
21
which some 165,000 remain in the southeast, adding
22
to those already displaced in Rakhine, Chin, Shan,
23
and Kachin states;
24
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•SRES 20 RS
(7)
appreciates
the
generosity
of
Burma’s
1
neighboring countries, including Thailand, India,
2
and Bangladesh, and encourages them to meaning-
3
fully assist refugees who have fled and continue to
4
flee the Burmese military, including through the de-
5
livery of cross-border humanitarian assistance and
6
with recognition of the protracted nature of the con-
7
flict; and
8
(8) calls on the President, the Secretary of
9
State, and the Secretary of Defense to fully imple-
10
ment section 7008 of the Department of State, For-
11
eign Operations, and Related Programs Appropria-
12
tions Act, 2021 (division K of Public Law 116–260),
13
the BUR
[Text truncated for display. Full text available on Congress.gov.]