U.S. Relations with Burma: Key Issues in 2018

U.S. Relations with Burma: Key Issues in 2018

February 12, 2018
U.S. Relations with Burma: Key Issues in 2018
Congress is examining the conduct of U.S. policy toward
Burma’s mixed military/civilian government has so far
Burma (Myanmar) in light of an ongoing, major
denied any systematic and/or widespread misconduct by
humanitarian crisis and other developments in Burma.
Burma’s security forces, but continues to deny international
While Congress was largely deferential to the Obama
humanitarian assistance organizations, the local and
Administration’s moves to normalize diplomatic relations
international media, and a U.N. investigatory team access to
with Burma, it may decide to play a more active role in
the affected areas of northern Rakhine State. For more
formulating and monitoring U.S. policy toward Burma
about the Rohingya crises, see CRS Report R45016, The
during the Trump Administration, particularly given large-
Rohingya Crises in Bangladesh and Burma.
scale human rights abuses by Burma’s military. Legislation
has been introduced—the BURMA Act of 2017 (H.R.
Escalating Conflict and Stalled Peace Process
4223) and the Burma Human Rights and Freedom Act of
Burma has been riven by a low-grade civil war between
2017 (S. 2060)—that would modify U.S. policy to reflect
government forces and various ethnic armed organizations
recent events in Burma.
(EAOs) since it became an independent sovereign state in
1948. In 2016, Aung San Suu Kyi and her party, the
Major Developments in Burma
National League for Democracy (NLD), assumed power
Burma faced several major challenges in 2017, including
after a landslide victory in parliamentary elections, and
the massive displacement of Rohingya from Rakhine State
soon after identified ending the long-standing conflict as
into Bangladesh, allegations of large-scale human rights
one of their top priorities.
violations by the Burmese military, an escalation in fighting
in Kachin and Shan States, and growing dissatisfaction with
However, escalated fighting between the Tatmadaw and
the lack of political and economic reforms. The Burmese
several of the EAOs in Kachin and Shan States, as well as
government, led by State Counselor Aung San Suu Kyi and
the alleged human rights abuses in Rakhine State, have
Commander-in-Chief Senior General Min Aung Hlaing,
raised serious doubts about the prospects for peace. The 3rd
responded to these challenges in ways that drew criticism
session of the 21st Century Panglong Conference—an effort
from the international community, particularly in terms of
to forge a peace agreement between the government, the
the treatment of the Rohingya. In some cases, however,
military, and EAOs—which was tentatively scheduled for
their actions garnered widespread support domestically.
late January 2018, has been postponed at least until late
February. For more about the Burma’s conflict and its
The Rohingya Crises
prospects for peace, see CRS In Focus IF10808, Burma’s
On August 25, 2017, a relatively new and little known
Peace Process: Narrowing Opportunities in 2018.
Rohingya nationalist group, the Arakan Rohingya Salvation
Army (ARSA), launched a coordinated attack on 30
Violation of Human Rights and Civil Liberties
security outposts in Burma’s Rakhine State. The Burmese
According to some analysts, Burma’s mixed
military, or Tatmadaw, responded with a “clearance
military/civilian government has responded to domestic and
operation” that resulted in the displacement of nearly
international criticism by curtailing nominally protected
700,000 Sunni Rohingya to Bangladesh, the destruction of
civil liberties. Although the 2008 constitution protects
almost 400 Rohingya villages, the killing of at least 6,700
freedom of speech, protesters and critics often are charged
Rohingya (according to human rights groups and Doctors
with violating old and new Burmese laws. Two Burmese
Without Borders), and the sexual assault of hundreds of
reporters working for Reuters investigating the alleged
Rohingya women and girls.
human rights abuses in Rakhine State were arrested and
charged with violating Burma’s 1923 Official Secrets Act.
The ARSA attack and the Tatmadaw’s response has created
Other journalists have been arrested following interviews
significant humanitarian crises in Burma and neighboring
with EAO leaders. Peaceful protesters have faced criminal
Bangladesh with an estimated one million displaced
charges for allegedly violating the 2011 Peaceful
Rohingya requiring assistance. The two nations are also
Processions and Peaceful Assembly Act. Several critics of
planning a large-scale repatriation process, although many
the government have been charged under section 66(d) of
experts view this as premature. In addition, the international
the 2013 Telecommunications Act for allegedly defaming
community, including the United States, has called on
or threatening government officials. As a consequence,
Burma to permit an independent international investigation
according to the Assistance Association for Political
into the alleged human rights violations that occurred after
Prisoners (Burma), 236 people are either serving sentences
the ARSA attack. Some observers worry that Islamist
or awaiting trial for their political activities. For more about
extremists will attempt to radicalize the displaced Rohingya
political prisoners in Burma, CRS Report R44804, Burma’s
and increase the risk of terrorist activities in South and
Political Prisoners and U.S. Policy: In Brief.
Southeast Asia.
https://crsreports.congress.gov

link to page 1 link to page 1 U.S. Relations with Burma: Key Issues in 2018
State of Political Reforms
national reconciliation in Burma.” The BHRFA (S. 2060)
After the National League for Democracy (NLD) won a
states that the United States supports “the establishment of
supermajority in both chambers of Burma’s Union
a peaceful, prosperous, and democratic Burma that includes
Parliament in the 2015 elections, many observers expected
respect for the human rights of all its people regardless of
Aung San Suu Kyi and the NLD to implement a variety of
ethnicity and religion.” Both bills call for additional
political reforms to advance the nation’s transition to a
humanitarian assistance and “the dignified, safe, and
democratic civilian government that protects
voluntary return of all those displaced from their homes.” In
internationally-recognized human rights. However, since
addition, both bills would impose a visa ban on senior
taking power in 2016, the Union Parliament has made little
military officers involved in human rights abuses in Burma,
progress on political reforms, and in some cases, it appears
place new restrictions on security assistance and military
that the mixed military/civilian government has found it
cooperation, reinstate the jadeite import ban of Section 3A
advantageous to use various restrictive laws to suppress
of the Burmese Freedom and Democracy Act, and require
political opposition (see “Violation of Human Rights and
U.S opposition to international financial institution (IFI)
Civil Liberties” above). While the Union Parliament
loans to Burma if the project involves an enterprise owned
rescinded the 1975 State Protection Law, revoked the 1950
or directly or indirectly controlled by the Tatmadaw. The
Emergency Provisions Act, and several other repressive
bills also would require that the President determine
laws, it rejected efforts to repeal section 66(d) of the
whether persons subject to the visa ban “should be included
Telecommunications Act and amend the Peaceful
on the SDN [Specially Designated Nationals and Blocked
Processions and Peaceful Assembly Act. A special
Persons] list,” a Department of the Treasury list of foreign
commission set up by the NLD-led government identified
persons subject to economic sanctions.
more than 140 laws that should be abolished or amended;
Looking Ahead: Leading Policy Issues
only a few have been addressed by the Union Parliament.
Congress may face a variety of issues on which it may take
Status of U.S. Policy Toward Burma
action in 2018. The humanitarian situation in Bangladesh
The Obama Administration responded to what it perceived
and Rakhine may push Congress to consider funding for
as positive developments in Burma by suspending various
assistance to the displaced Rohingya. Congress may also
sanctions imposed by Congress when the nation was ruled
examine ways to ensure that a credible, independent
by a military junta. According to some Members of
investigation of the alleged human rights abuses in Kachin,
Congress, the waiving of those sanctions has emboldened
Rakhine, and Shan States occurs, and that those determined
the Tatmadaw to utilize its constitutional powers to control
to be culpable are held accountable for their actions.
developments in Burma. Two bills were introduced in
Another issue Congress may consider is what role, if any,
November 2017—the Burma Unified through Rigorous
the United States can serve in promoting the peaceful
Military Accountability Act of 2017 (BURMA Act; H.R.
resolution of Burma’s low-grade civil war. In addition,
4223) and the Burma Human Rights and Freedom Act of
Congress may choose to address the apparent decline in
2017 (BHRFA; S. 2060)—that would reformulate U.S.
civil liberties and the continued arrest and prosecution of
policy toward Burma.
political prisoners in Burma, and examine options on how
Approach of the Trump Administration
to support the Union Parliament in repealing or amending
the more problematic laws.
Initially, the Trump Administration largely continued the
approach of the Obama Administration in relations with
An underlying factor in most of these issues is the overall
Burma. After the Rohingya crises arose, U.N. Ambassador
assessment of the situation in Burma. The framework that
Nikki Haley, Secretary Rex Tillerson, and other State
was largely used during the Obama Administration, and
Department officials expressed their appreciation of the
appears to continue to be used during the Trump
complex challenges facing the Burmese government, but
Administration, is that Burma is part way through a
also condemned the violence committed by both ARSA and
transition from a military junta to a democratically-elected
the Tatmadaw in Rakhine State. In November 2017,
civilian government. Under this assessment, the general
Secretary Tillerson determined that the Tatmadaw’s
approach is to find ways to advance the transition.
“clearance operation” constituted ethnic cleaning, and
However, some analysts argue that recent events indicate
announced that United States would “pursue accountability
that Burma’s military leaders never supported such a
through U.S. law, including possible targeted sanctions.”
transition, and that the current governance system, as
Since Secretary Tillerson’s stat
embodied in the 2008 constitution, was the intended
ement, the Trump
endpoint for any political reforms. If this is a more accurate
Administration has provided additional funding for
representation of the situation in Burma, then efforts to
humanitarian assistance in Bangladesh and Rakhine State,
foster further political reform may face stiff opposition
stopped providing visa waivers for senior Tatmadaw
from the Tatmadaw.
officers, placed economic sanctions on one Tatmadaw
general under the Global Magnitsky Act, and called for a
global ban on arms sales to Burma’s military. Additional
Rhoda Margesson, Specialist in International
actions are reportedly being considered, depending on what
Humanitarian Policy
measures the Burmese government takes to address the
Michael F. Martin, Specialist in Asian Affairs
Rohingya crises.
IF10827
Pending Legislation
The BURMA Act (H.R. 4223) states that the United States
“supports a complete transition to democracy and genuine
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U.S. Relations with Burma: Key Issues in 2018

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