January 10, 2019
U.S. Relations with Burma: Key Issues in 2019
In 2018, the 115th Congress was generally critical of the
Figure 1. Map of Burma (Myanmar)
Trump Administration’s Burma policy, particularly its
limited response to atrocities committed by the Burmese
military against the Rohingya, intensifying conflict with
ethnic insurgencies, and rising concerns about political
repression and civil rights. In December 2018, Congress
passed the Asia Reassurance Initiative Act of 2018 (P.L.
115-409), which prohibits the provision of funding for
International Military Education and Training (IMET) and
Foreign Military Financing (FMF) Program in Burma for
fiscal years 2019 through 2023.
Major Developments in Burma in 2018
At the end of 2018, an estimated one million Rohingya,
most of whom fled atrocities committed by Burma’s
military (Tamadaw) in late 2017, remained in refugee
camps in Bangladesh, unable and unwilling to return to
Burma’s Rakhine State given the current policies of the
Burmese government. Also in 2018, fighting between
Burma’s military, or Tatmadaw, and various ethnic armed
organizations (EAOs) escalated in Kachin and Shan States,
and spread into Chin, Karen (Kayin), and Rakhine States,
while efforts to negotiate a nationwide ceasefire stalled. In
December 2018, Commander-in-Chief Min Aung Hlaing
announced a four-month unilateral ceasefire in eastern (but
not western) Burma, possibly signaling a new flexibility in
the peace negotiations. Many EAOs remain skeptical.
The Rohingya Crises
More than 700,000 Sunni Rohingya fled to Bangladesh in
late 2017, seeking to escape Tatmadaw forces that

destroyed almost 400 Rohingya villages, killed at least
Source: CRS
6,700 Rohingya (according to human rights groups and
Doctors Without Borders), and sexually assaulted hundreds
The Stalled Peace Process
of Rohingya women and girls. Repatriation under an
The 3rd session of the 21st Century Panglong Conference—
October 2018 agreement between the two nations is stalled
an effort to forge a nationwide ceasefire agreement between
as the Burmese government is unable or unwilling to
the government, the military, and EAOs—was held in July,
establish conditions that would allow the voluntary, safe,
but made little progress towards ending the long-standing
dignified, and sustainable return of the Rohingya to
conflict. Two of the larger EAOs, the Karen National Union
Rakhine State. Among the conditions sought by the
and the Restoration Council of Shan State, subsequently
Rohingya are their return to locations at or near their
suspended their participation in the formal peace process.
original villages, recognition as an indigenous ethnic
minority, restoration of their full citizenship, and
In December 2018, Commander-in-Chief Min Aung Hlaing
establishment of an accountability mechanism to investigate
announced a four-month unilateral ceasefire in western (but
and prosecute the alleged atrocities. Meanwhile, smaller
not eastern) Burma, and reversed his previous objection to
numbers continue to add to those Rohingya in need of
the inclusion of three other EAOs—the Arakan Army, the
humanitarian assistance in Bangladesh.
Myanmar National Democratic Alliance Army, and the
Ta’ang National Liberation Army—in the peace talks.
Burma’s mixed military/civilian government has so far
denied any systematic and/or widespread misconduct by
Violation of Human Rights and Civil Liberties
Burma’s security forces, and continues to deny the United
According to some analysts, Burma’s mixed
Nations, international humanitarian assistance
military/civilian government responded to domestic and
organizations, and local and international media
international criticism in 2018 by curtailing freedom of
unrestricted access to northern Rakhine State.
speech and press freedom. In September 2018, Kyaw Soe
Oo and Wa Lone, reporters investigating the alleged human
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link to page 1 link to page 1 U.S. Relations with Burma: Key Issues in 2019
rights abuses in Rakhine State, were convicted for violating
crimes against humanity, and war crimes. It recommended
Burma’s 1923 Official Secrets Act, and sentenced to seven
the U.N. Security Council “refer the situation to the
years in prison. Other journalists have been arrested
International Criminal Court or create an ad hoc
following interviews with EAO leaders.
international criminal tribunal.” The mission also called for
the establishment of “an independent, impartial mechanism
Also, peaceful protesters have faced criminal charges for
to collect, consolidate, preserve and analyse evidence of
allegedly violating the 2011 Peaceful Processions and
violations of international humanitarian law and human
Peaceful Assembly Act. Several critics of the government
rights violations and abuses.”
have been charged under section 66(d) of the 2013
Telecommunications Act for allegedly defaming or
On September 24, 2018, the State Department released the
threatening government officials. According to the
findings of its own study, concluding “the vast majority of
Assistance Association for Political Prisoners (Burma), as
Rohingya refugees experienced or directly witnessed
of November 2018, 305 people are either serving sentences
extreme violence and the destruction of their homes,” and
or awaiting trial for their political activities.
the refugees “identified the Burmese military as a
perpetrator in most cases.” It also stated “that the recent
State of Political Reforms
violence in northern Rakhine State was extreme, large-
Many observers expected Aung San Suu Kyi and the
scale, widespread, and seemingly geared toward both
National League for Democracy (NLD) to implement
terrorizing the population and driving out the Rohingya
political reforms following their parliamentary victory in
residents,” and “(t)he scope and scale of the military’s
2015. However, since taking power in 2016, the NLD has
operations indicate they were well-planned and
made little progress on political reforms, and in some cases,
coordinated.”
it appears that the mixed military/civilian government has
found it advantageous to use various restrictive laws to
Since the release of the two reports, the Trump
suppress political opposition (see “Violation of Human
Administration has placed sanctions on three additional
Rights and Civil Liberties” above). A special commission
Tatmadaw officers and two military units under the Global
set up by the NLD-led government identified more than 140
Magnitsky Act, but has declined to characterize the human
laws that should be abolished or amended; a few have been
rights abuses as either genocide or crimes against humanity.
addressed by the Union Parliament.
Looking Ahead: Leading Policy Issues
Status of U.S. Policy toward Burma
Given the humanitarian situation in Bangladesh and
The Obama Administration responded to what it perceived
Rakhine State, Congress may choose to consider funding
as positive developments in Burma by suspending various
for assistance to the displaced Rohingya. Congress may
sanctions imposed by Congress when the nation was ruled
also examine ways to ensure that a credible, independent
by a military junta. According to some Members of
investigation of the alleged abuses in Kachin, Rakhine, and
Congress and other observers, the waiving of those
Shan States occurs, and that those determined to be
sanctions has emboldened the Tatmadaw to utilize its
culpable are held accountable for their actions.
constitutional powers to control developments in Burma.
Another issue Congress may consider is what role the
Approach of the Trump Administration
United States can serve in promoting the peaceful
Initially, the Trump Administration largely continued the
resolution of Burma’s civil war, including whether or not to
approach of the Obama Administration in relations with
continue providing assistance to the formal peace process.
Burma. After the Rohingya crises arose, U.N. Ambassador
In addition, Congress may weigh providing assistance to
Nikki Haley, Secretary Rex Tillerson, and other State
support the protection in civil liberties, the end the arrest
Department officials condemned the violence committed by
and prosecution of political prisoners in Burma, and the
both Rohinyga militants and the Tatmadaw in Rakhine
repeal or amendment of problematic laws.
State. In November 2017, Secretary Tillerson determined
that the Tatmadaw’s “clearance operation” constituted
An underlying factor shaping the U.S. approach is the
“ethnic cleansing,” and announced that United States would
overall assessment of political developments in Burma.
“pursue accountability through U.S. law, including possible
Both the Obama and Trump Administrations based their
targeted sanctions.”
policies on the premise that Burma is part way through a
transition from a military junta to a democratically-elected
Following Secretary Tillerson’s statement, the Trump
civilian government. Under this assessment, the general
Administration provided additional funding for
approach is to find ways to advance the transition.
humanitarian assistance in Bangladesh and Rakhine State
However, some analysts argue that recent events indicate
(nearly $390 million), stopped providing visa waivers for
that Burma’s military leaders never supported such a
senior Tatmadaw officers, placed economic sanctions on
transition, and that the current governance system, as
one Tatmadaw general under the Global Magnitsky Act,
embodied in the 2008 constitution, was the intended
and called for a global ban on arms sales to Burma.
endpoint for any political reforms. Congress’s sense of
which assessment is more convincing may guide its actions
On September 18, 2018, an independent U.N. fact-finding
towards Burma in 2019.
mission on Myanmar released its final report, determining
that the actions of Burma’s security forces in Kachin,
Michael F. Martin, Specialist in Asian Affairs
Rakhine, and Shan States possibly constituted genocide,
IF11068
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U.S. Relations with Burma: Key Issues in 2019


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https://crsreports.congress.gov | IF11068 · VERSION 2 · NEW

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