U.S. Relations with Burma: Key Issues in 2020

U.S. Relations with Burma: Key Issues in 2020

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Updated January 24, 2020
U.S. Relations with Burma: Key Issues in 2020
Some Members of Congress have been 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 (Tatmadaw), the intensification of the nation’s
long-standing civil war, and rising concerns about political
repression. In December 2018, the 115th Congress passed
the Asia Reassurance Initiative Act of 2018 (P.L. 115-409),
which prohibits funding for International Military
Education and Training (IMET) and the Foreign Military
Financing (FMF) Program in Burma for fiscal years 2019
through 2023. In December 2019, the 116th Congress
passed the Further Consolidated Appropriations Act, 2020
(P.L. 116-94), which places additional restrictions on
bilateral economic and international security assistance to
Burma in fiscal year 2020. Other legislation has been
introduced that would modify U.S. relations with Burma
(see “Pending Legislation”).
Escalating Civil War; Little Prospect for Peace
Burma has been embroiled in a low-grade civil war
between the Tatmadaw and over 20 ethnic armed
organizations (EAOs) as far back as 1962. Significant
portions of the nation are effectively under EAO control,
particularly in Kachin and Shan States. After the Tatmadaw
transferred power to a mixed civilian-military government
in 2011, fighting initially was limited to Kachin and Shan
States, with periodic skirmishes in Kayin State, but has
since spread to Chin, Kayah, Mon, and Rakhine State. The
government of former President Thein Sein and the current
government, led by State Counselor Aung San Suu Kyi,
have attempted to negotiate a nationwide ceasefire

agreement, but these efforts have had limited success.
Source: CRS.

In December 2018, the Arakan Army (AA) launched
Aung San Suu Kyi has focused her efforts to end the civil
coordinated attacks on security outposts in northern
war on holding broad national conferences at which her
Rakhine State as part of its plan to establish an autonomous
government, the Tatmadaw, the EAOs, and representatives
region for the Arakan (Rakhine) people. Following the
of civil society, seek to negotiate a nationwide ceasefire
December 2018 AA attack, Commander-in-Chief Senior
agreement. Conferences were held in 2016, 2017, and 2018,
General Min Aung Hlaing announced a four-month
but not in 2019. Preliminary discussions about a possible
unilateral ceasefire in eastern (but not western) Burma,
2020 conference are underway, but many EAOs are
which he later extended for two more months, and reversed
skeptical of the Tatmadaw’s willingness to negotiate in
his objection to the inclusion of the AA and two other
good faith.
EAOs in the ceasefire talks.
2020 Parliamentary Elections
Fighting between the AA and the Tatmadaw in Chin and
Burma’s parliamentary elections are expected to take place
Rakhine State continued throughout 2019, with more than
sometime in November. Aung San Suu Kyi’s domestic
482 skirmishes reported during the year, accounting for
popularity has waned over the years due to the escalation of
10.6% of the recorded military confrontations in Burma
the civil war and the stalled peace process; her failure to
since 2011, according to the Armed Conflict Location and
deliver on promised political reforms; and a slowdown in
Event Data Project (ACLED). In 2019, fighting also was
economic growth. Some of the country’s ethnic-based
reported between the Tatmadaw and various EAOs, as well
political parties are trying to form a united front to
as between EAOs, in Kachin, Kayin, Mon, and Shan States,
challenge the NLD, seeking to win a majority of the
despite the existence of ceasefire agreements.
parliamentary seats for their respective ethnic states.
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U.S. Relations with Burma: Key Issues in 2020
The Rohingya Crises Continue
charged under section 66(d) of the 2013
More than 700,000 Sunni Rohingya fled northern Rakhine
Telecommunications Act for allegedly defaming or
State to Bangladesh in late 2017, after Tatmadaw forces
threatening government officials. According to the
destroyed almost 400 Rohingya villages and allegedly
Assistance Association for Political Prisoners (Burma), as
killed thousands of Rohingya during so-called “clearance
of December 2019, 631 people were either serving
operations.” According to the U.N. Office for the
sentences or awaiting trial for their political activities.
Coordination of Humanitarian Affairs (UNOCHA) and
U.N. High Commissioner for Refugees, as of January 7,
State of Political Reforms
2020, approximately 915,000 Rohingya refugees were in
Many observers expected Aung San Suu Kyi and the
Bangladesh, including those who fled Burma prior to 2017.
National League for Democracy (NLD) to implement
The UNOCHA 2020 humanitarian appeal for Bangladesh
political reforms following their parliamentary victory in
seeks $871 million to assist 1.3 million people. In addition,
2015. A special commission set up by the NLD-led
an estimated 200,000 to 600,000 stateless Rohingya remain
government identified more than 140 laws that should be
in Rakhine State. Rohingya make up the vast majority of
abolished or amended; few have been addressed by the
more than 100,000 who are internally displaced and
Union Parliament. As indicate above, the mixed
confined to camps. UNOCHA’s 2020 humanitarian appeal
military/civilian government at times uses various
for Burma seeks $215 million to meet the needs of the
restrictive laws to suppress political opposition.
Rohingya in Rakhine State.
Status of U.S. Policy Toward Burma
An October 2018 repatriation agreement between Burma
The Trump Administration has condemned the violence
and Bangladesh has stalled as the Burmese government was
committed by all parties in Rakhine State. On September
unable or unwilling to create conditions that would allow
24, 2018, the State Department released the findings of its
the voluntary, safe, dignified, and sustainable return of the
own study of the events in Rakhine, which were consistent
Rohingya. The Rohingya seek return to locations at or near
with those of the IIFFMM. The State Department report
their original villages; recognition as an indigenous ethnic
stated “that the recent violence in northern Rakhine State
minority; restoration of their full citizenship; accountability
was extreme, large-scale, widespread, and seemingly
for the alleged atrocities; and the termination of laws and
geared toward both terrorizing the population and driving
policies that discriminate against them.
out the Rohingya residents,” and “(t)he scope and scale of
the military’s operations indicate they were well-planned
On September 18, 2018, the U.N. Independent International
and coordinated.” The Trump Administration has declined
Fact-Finding Mission on Myanmar (IIFFMM) determined
to characterize the human rights abuses as either genocide
Burma’s security forces may have committed genocide,
or crimes against humanity, but it has placed sanctions on
crimes against humanity, and/or war crimes in Kachin,
nine Tatmadaw officers, including Commander-in-Chief
Rakhine, and Shan States. The IIFFMM recommended the
Min Aung Hlaing, and two military units. The Trump
U.N. Security Council “refer the situation to the
Administration has also provided $359.5 million in
International Criminal Court (ICC) or create an ad hoc
humanitarian assistance for the Rohingya in Burma and
international criminal tribunal.” In 2019, the ICC
Bangladesh (as of January 15, 2020).
authorized its Prosecutor to investigate the forced
deportation of the Rohingya and related crimes.
Pending Legislation
Several bills have been introduced in the 116th Congress
In November 2019, The Gambia filed a genocide case
that would add new restrictions on relations with Burma or
against Burma in the International Court of Justice (ICJ).
require new types of assistance. The Burma Unified
On January 23, 2020, the ICJ ordered Burma to take
through Rigorous Military Accountability (BURMA) Act of
“provisional measures” to ensure that the Tatmadaw refrain
2019 (H.R. 3190) and Burma Human Rights and Freedom
from carrying out any acts of genocide, and protect and
Act of 2019 (S. 1186) would place additional restrictions on
preserve any evidence of genocidal acts. Two days before
military and trade relations. The Burma Political Prisoners
the order, a commission of enquiry appointed by President
Assistance Act (H.R. 2327 and S. 2069) would require the
Win Myint determined that while the Tatmadaw had no
Secretary of State to provide assistance to “current and
“genocidal intent” in Rakhine, some troops may have
former prisoners of conscience and political prisoners in
committed war crimes. Win Myint and the Tatmadaw have
Burma.” The Allowing for the Safe Return of Rohingyas to
said they will investigate the alleged war crimes. Burma’s
Burma Act of 2019 (H.R. 4392) would require the President
government continues to deny the United Nations, most
to suspend Burma’s eligibility under the Generalized
international humanitarian assistance organizations, and the
Systems of Preference (GSP) program until Burma allowed
media unrestricted access to northern Rakhine State.
the “safe, voluntary, and dignified return of Rohingya
refugees.” Burma-related language may be included in the
Violation of Human Rights and Civil Liberties
National Defense Authorization Act for Fiscal Year 2021
Burma’s mixed military/civilian government continues to
and the Department of State, Foreign Operations, and
curtail freedom of speech and the press. Journalists have
Related Programs Appropriations Act, 2021.
been arrested for interviewing EAO leaders or for
publishing articles critical of the Tatmadaw. Peaceful
Michael F. Martin, Specialist in Asian Affairs
protesters have faced criminal charges for allegedly
Kirt Smith, Research Assistant
violating the 2011 Peaceful Processions and Peaceful
Assembly Act. Several critics of the government have been
IF11068
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U.S. Relations with Burma: Key Issues in 2020

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https://crsreports.congress.gov | IF11068 · VERSION 6 · UPDATED