Sec. 2. Findings
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Congress makes the following findings: The United States policy of principled engagement since 1988 has fostered positive democratic reforms in Burma, which have led to significant milestones on the road to full democracy. On November 8, 2015, Burma held historic elections in which the National League for Democracy won a supermajority of seats in the combined national parliament. On March 30, 2016, Htin Kyaw was inaugurated as the President of Burma, the country’s first civilian President in more than 50 years, and Aung Sann Suu Kyi assumed the office of State Counselor.
Aung San Suu Kyi, President of the National League for Democracy, was barred from becoming President under section 59(f) of the 2008 Constitution. Aung San Suu Kyi’s first acts as State Counselor after her National League for Democracy party took office included releasing more than 100 political prisoners, including well-known journalists and student activists held on politically motivated charges. However, as of July 31, 2016, 118 political prisoners remained in jails in Burma, and another 167 people were awaiting trial for political expression.
Despite the important steps taken toward democracy in Burma, there still remain important structural and systemic impediments to the realization of a fully democratic civilian government, including— reform of the 2008 Constitution; the disfranchisement of groups of people who voted in previous elections; and social, political and economic conditions in Rakhine State, particularly those faced by the Rohingya population. Actions of the military of Burma, known as the Tatmadaw, including continuing assaults on personnel and territory controlled by armed ethnic organizations, military offenses immediately preceding the peace conference in Naypyitaw, and alleged human rights abuses against noncombatant civilians in conflict areas, undermine confidence in establishing a credible nationwide cease-fire agreement ending Burma’s civil war.
The United States supports a peaceful, prosperous, and democratic Burma that respects the human rights of all its people. The inauguration of President Htin Kyaw, and the formation of a democratically elected, civilian-led government were momentous steps for the democratic transition of Burma and the United States seeks to build and capitalize on that success. The United States supports Burma’s political and economic reforms, including efforts to— promote national reconciliation; build government transparency and accountability and government institutions; empower local communities and civil society; promote responsible international engagement; and strengthen respect for and protection of human rights and religious freedom.
On March 17, 2016, the Department of State determined that Burma remains designated as a country of particular concern for religious freedom under section 402(b) of the International Religious Freedom Act ( 22 U.S.C. 6442(b) ), and that members of the Rohingya community in particular reportedly face abuses by the Government of Burma, including those involving torture, unlawful arrest and detention, restricted movement, restrictions on religious practices and discrimination in employment and access to social services .
On August 23, 2016, the Government of Burma announced the establishment of the Advisory Commission on Rakhine State, which will be chaired by former Secretary-General of the United Nations Kofi Annan. On May 17, 2016, the United States announced a calibrated easing of sanctions with respect to Burma by removing individuals and entities from the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury and renewing authorities for sanctions with respect to Burma as provided under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ).
In 2015, the nongovernmental campaign Global Witness found that in 2014 the estimated value of official production of jade equated up to 48 percent of the official gross domestic product of Burma, but because of corruption and a lack of transparency the economic gains of Burma are being pocketed by notorious junta-era players, from former dictator Than Shwe to United States-sanctioned drug lord Wei Hsueh Kang, and showed how vested interests in jade are undermining prospects for resolving the most intractable armed conflict in Burma.
In July 2016, the Government of Burma announced that all remaining jade mining licenses will expire in 2018, and no new permits will be granted until a reformed legal framework is in place. In July 2016, the Government of Burma also announced that logging would be prohibited in major forested areas for the rest of the year. The people of Burma continue to suffer from a low grade civil war between the Tatmadaw and nearly 20 armed ethnic organizations. Any prospects for a full democracy in Burma are contingent on ending the civil war and finding a path toward national reconciliation between Burma’s Bamar majority and its various ethnic minorities.
On August 31, 2016, the Government of Burma initiated the Union Peace Conference 21st Century Panglong, where more than 1,400 representatives of various concerned parties attended a peace conference in Naypyitaw in an effort to begin the process of ending Burma’s civil war and discuss options in forming a democratic state of Burma.
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