[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 701 Introduced in Senate (IS)]

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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. Gillibrand, 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 November 8, 2020.

Whereas the Union Election Commission of Burma announced 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 elections, and November 2015;
Whereas the ongoing Tatmadaw offensives in Rakhine, southern Chin, Kachin, and 
        northern Shan states continue to 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 allocate 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 enabling the military 
        to exercise outsized power and influence 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 critical 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 limits the right to form 
        and join political parties only to full citizens, thereby severely 
        curtailing the political participation 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 citizenship 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, thereby 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 information since the onset of 
        COVID-19;
Whereas the Government of Burma continues to curtail freedom 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 observation 
        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 displaced persons;
Whereas ongoing conflict in 2015 was used to justify the cancellation of 
        elections in 7 townships and more than 400 ward and village tracts, 
        mostly in Kachin, Shan, and Kayin states;
Whereas Burma's 1982 citizenship law stripped Rohingya of their Burmese 
        citizenship and subsequent policies rendered 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, joining 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 conditions 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 repatriation, 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 sanctioned by the United States 
        Government for perpetrating gross human rights violations and are 
        subject to ongoing investigations into their conduct by both the 
        International Criminal Court and the International Court of Justice; and
Whereas the United Nations Special Rapporteur on the Situation 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 religion, 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) recognizes the importance of free, fair, inclusive, 
        transparent, participatory, and credible elections in Burma and 
        that the 2020 elections mark a critical juncture in Burma's 
        democratic process;
            (2) stands with the people of Burma in their ambition for 
        sustainable peace, a genuine democracy, and the realization of 
        fundamental human rights for all;
            (3) calls upon the President and the Secretary of State 
        to--
                    (A) support Burma's democratic transition, 
                including by emphasizing the importance to that 
                transition of this election as well as of the 
                Government of Burma undertaking a credible and 
                sustainable process of genuine national and ethnic 
                reconciliation;
                    (B) support free, fair, inclusive, transparent, 
                participatory, and credible elections in Burma, 
                including by working to ensure that the Tatmadaw and 
                its affiliates do not interfere with vigorous public 
                debate or the mechanism of the electoral process and 
                that other government officials do not use official 
                resources for electioneering;
                    (C) call for a ceasefire in all Burmese states and 
                localities to ensure that conflict is not used as an 
                excuse to deny people the right to vote;
                    (D) support the right to vote for internally 
                displaced persons, refugees, and other Burmese 
                communities outside of Burma, with specific attention 
                to the disenfranchised Rohingya people;
                    (E) condemn any action taken by the government, 
                political parties, military, or Union Election 
                Commission to limit civil society participation in the 
                election, including prohibitions on voter education and 
                election observation, or otherwise restrict civil 
                society or humanitarian space in the lead up to the 
                election or in the post-election period;
                    (F) ensure that United States-based social media 
                companies, including Facebook, not allow their 
                platforms to be used as vehicles for spreading 
                misinformation or advocating violence or voter 
                intimidation to suppress voter participation; and
                    (G) ensure that the Department of State's 2020 
                Country Report on Human Rights Practices includes an 
                extensive evaluation of the Burmese election, including 
                an assessment of inclusivity, participation, and 
                interference;
            (4) calls upon the United States Government, in partnership 
        with the international community, to ensure that the Union 
        Election Commission functions as an independent electoral 
        management body that establishes a regulatory framework that 
        fosters fair, open, and transparent electoral processes, and 
        that the Tatmadaw publicly affirms that it will honor the 
        results of such elections;
            (5) calls upon the Secretary of State and the Administrator 
        of the United States Agency for International Development to 
        work with like-minded regional and international organizations, 
        such as the International Foundation for Electoral Systems, the 
        International Institute for Democracy and Electoral Assistance, 
        the Asian Network for Free Elections, People's Alliance for 
        Credible Elections (PACE), and the Carter Center, to ensure 
        that the general elections in Burma meet international 
        standards of free and fair elections, including by seeking full 
        and unimpeded access to all aspects of the electoral process 
        for international and domestic observers; and
            (6) calls on the President to consider sanctioning 
        individuals within the Government of Burma, the Tatmadaw, and 
        among military associated businesses and ultranationalist 
        groups, whom the United States Government determines undermine 
        free, fair, inclusive, transparent, participatory, and credible 
        elections in Burma or the safety of such elections.
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