[Senate Hearing 117-16]
[From the U.S. Government Publishing Office]
S. Hrg. 117-16
U.S. RESPONSE TO THE
COUP IN BURMA
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON EAST ASIA,
THE PACIFIC, AND INTERNATIONAL
CYBERSECURITY POLICY
OF THE
COMMITTEE ON FOREIGN RELATIONS
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
MARCH 25, 2021
__________
Printed for the use of the Committee on Foreign Relations
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via http://www.govinfo.gov
______
U.S. GOVERNMENT PUBLISHING OFFICE
44-721 PDF WASHINGTON : 2021
COMMITTEE ON FOREIGN RELATIONS
ROBERT MENENDEZ, New Jersey, Chairman
BENJAMIN L. CARDIN, Maryland JAMES E. RISCH, Idaho
JEANNE SHAHEEN, New Hampshire MARCO RUBIO, Florida
CHRISTOPHER A. COONS, Delaware RON JOHNSON, Wisconsin
CHRISTOPHER MURPHY, Connecticut MITT ROMNEY, Utah
TIM KAINE, Virginia ROB PORTMAN, Ohio
EDWARD J. MARKEY, Massachusetts RAND PAUL, Kentucky
JEFF MERKLEY, Oregon TODD YOUNG, Indiana
CORY A. BOOKER, New Jersey JOHN BARRASSO, Wyoming
BRIAN SCHATZ, Hawaii TED CRUZ, Texas
CHRIS VAN HOLLEN, Maryland MIKE ROUNDS, South Dakota
BILL HAGERTY, Tennessee
Jessica Lewis, Staff Director
Christopher M. Socha, Republican Staff Director
John Dutton, Chief Clerk
SUBCOMMITTEE ON EAST ASIA, THE PACIFIC,
AND INTERNATIONAL CYBERSECURITY POLICY
EDWARD J. MARKEY, Massachusetts, Chairman
CHRISTOPHER A. COONS, Delaware MITT ROMNEY, Utah
CHRISTOPHER MURPHY, Connecticut TED CRUZ, Texas
BRIAN SCHATZ, Hawaii RON JOHNSON, Wisconsin
JEFF MERKLEY, Oregon MIKE ROUNDS, South Dakota
BILL HAGERTY, Tennessee
(ii)
C O N T E N T S
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Page
Markey, Hon. Edward J., U.S. Senator From Massachusetts.......... 1
Prepared Statement........................................... 3
Romney, Hon. Mitt, U.S. Senator From Utah........................ 4
Keshap, Ambassador Atul, Principal Deputy Assistant Secretary of
State, Bureau of East Asian and Pacific Affairs, U.S.
Department of State, Washington, DC............................ 5
Prepared Statement........................................... 7
Busby, Hon. Scott, Acting Principal Deputy Assistant Secretary of
State, Bureau of Democracy, Human Rights, and Labor, U.S.
Department of State, Washington, DC............................ 8
Prepared Statement........................................... 10
Andrews, Hon. Tom, U.N. Special Rapporteur on the Situation of
Human Rights in Myanmar........................................ 22
Prepared Statement........................................... 24
Currie, Hon. Kelley, Former U.S. Ambassador-at-Large for Global
Women's Issues................................................. 26
Prepared Statement........................................... 28
(iii)
U.S. RESPONSE TO THE COUP IN BURMA
----------
THURSDAY, MARCH 25, 2021
U.S. Senate,
Subcommittee on East Asia, The Pacific, and
International Cybersecurity Policy,
Committee on Foreign Relations,
Washington, DC.
The subcommittee met, pursuant to notice, at 10:02 a.m. via
videoconference, Hon. Edward J. Markey, Chairman of the
Subcommittee, presiding.
Present: Senators Markey [presiding], Schatz, Merkley,
Romney, Johnson, Rounds, and Hagerty.
OPENING STATEMENT OF HON. EDWARD J. MARKEY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Markey. Welcome everyone to the first hearing of
the Subcommittee on East Asia, the Pacific, and International
Cybersecurity Policy in the 117th Congress.
I want to extend a special thanks to Senator Mitt Romney
for taking on the ranking member role of this subcommittee. He
and I have had a long working relationship going back to the
state of Massachusetts, and I am really looking forward to
partnering with him over the next couple of years.
Senator Cory Gardner and I had a great working relationship
on this subcommittee during our 4-year partnership, and I look
forward to working with you, Senator Romney, as we take on the
challenges and the opportunities in this region.
As we chart our course for subcommittee business, I intend
to take on the fundamental issues of our time, including
climate change, the proliferation of nuclear weapons, the
undermining of democracy and human rights, and the
authoritarian challenge posed by China to the United States,
the Indo-Pacific, and the world.
I intend to bolster our support for United States' allies
and find avenues for greater cooperation and U.S. investment in
the region so that we can face this set of issues with a
bipartisan approach, because we are, ultimately, even in an
area like this in our first hearing, facing an increasingly
aggressive posture from Beijing as we are with so many other
issues.
We will reinforce and build on what we accomplished with
the landmark Asia Reassurance Initiative Act, introduced and
passed into law by me and Senator Gardner in 2018, and I look
forward to partnering with Senator Romney and the rest of our
colleagues on the subcommittee as we tackle these challenges.
Today, we turn our focus to one of the greatest crises in
the Indo-Pacific: The situation in Burma. We will discuss the
United States' response to the coup carried out by the Burmese
military against the democratically-elected government on
February 1st of this year.
It is my hope that we can coalesce around further concrete
actions the United States Government can take to help alleviate
the suffering of the people of Burma and demonstrate to the
Burmese military leadership that this brazen and violent
assault on democracy will not succeed.
The coup carried out by the Burmese military has sparked
widespread civilian outrage inside Burma, leading to sweeping
peaceful protests and strikes. The military, also known as the
Tatmadaw, has met these peaceful civilians with extreme
violence and inhumanity, killing an estimated 250 people since
February 1st and detaining thousands more.
They have specifically targeted journalists and shut down
internet communications in an attempt to keep their violations
from the world. In that, they have not succeeded. The brutality
of the military comes in sharp contrast to the bravery of
protesters like 19-year-old Kial Sin, nicknamed Angel. She led
fellow peaceful demonstrators in a chant of unity when police
forces gunned her down.
Her final act on this planet was one of selfless service,
opening a water pipe so her fellow protesters who had just been
tear gassed could wash their eyes, and asking a friend to duck
and cover as shots rang out.
The Biden administration's response to the coup was swift
and I applaud their attention to this crisis. President Biden
signed an executive order on February 10th allowing the
Department of State and Treasury to impose targeted sanctions
against the military leaders and their business holdings, and
have announced additional designations this week, including an
announcement this morning that they will be targeting two of
the military's largest holdings, the Myanmar Economic
Corporation and its Economic Holdings Limited corporation. This
is a big step, and I thank the administration for taking it.
Other like-minded countries have imposed targeted
sanctions, including the European Union. But more must be done
to deny the army its economic lifeline and to deny it weapons
of war. The United States should play a leading role in urging
our partners and allies, including members of ASEAN, to take
steps to cut off funding for the military, and we should work
to ensure that American and other foreign companies are not
engaged in activities that benefit the army.
Unfortunately, the recent brutality of the army is all too
familiar. In 2017, many of the same military leaders who
orchestrated the February coup oversaw atrocities against the
Rohingya ethnic minority with human rights violations ranging
from systemic gang rape and extrajudicial killings to forced
displacement of more than 1 million Rohingya.
United Nations investigators have characterized this
systemic campaign to wipe out the Rohingya in Burma by its
rightful name, genocide. I have repeatedly called on the United
States Government to do the same.
I want to thank all of you for being here today for this
important hearing, and I look forward to the witness testimony.
[The prepared statement of Senator Edward J. Markey
follows:]
Prepared Statement of Senator Edward J. Markey
Welcome everyone to the first hearing of the Subcommittee on East
Asia, the Pacific, and International Cybersecurity Policy in the 117th
Congress. I want to extend a special thanks to Senator Romney for
taking on the Ranking Member role of this Subcommittee. Senator Corey
Gardner and I had a great working relationship on this Subcommittee
during our 4-year partnership, and I look forward to working with you,
Senator Romney, as we take on the challenges and opportunities in the
region.
As we chart our course for Subcommittee business I intend to take
on the fundamental issues of our time--including climate change, the
proliferation of nuclear weapons, the undermining of democracy and
human rights, and the authoritarian challenge posed by China to the
United States, the Indo-Pacific, and the world. I intend to bolster our
support for United States' allies, and find avenues for greater
cooperation and U.S. investment in the region as we face an
increasingly aggressive posture from Beijing.
We will reinforce and build on what we accomplished with the
landmark Asia Reassurance Initiative Act, introduced and passed into
law by me and Senator Gardner in 2018. I look forward to partnering
with Senator Romney and the rest of our colleagues on the Subcommittee
as we tackle these challenges.
Today, we turn our focus to one of the greatest crises in the Indo-
Pacific--the situation in Burma-- and will discuss the United States'
response to the coup carried out by the Burmese military against the
democratically elected government on February 1st of this year.
It is my hope that we can coalesce around further concrete actions
the United States Government can take to help alleviate the suffering
of the people of Burma, and demonstrate to the Burmese military
leadership that this brazen and violent assault on democracy will not
succeed.
The coup carried out by the Burmese military has sparked widespread
civilian outrage inside Burma, leading to sweeping peaceful protests
and strikes. The military, also known as the Tatmadaw (taht-maw-daw)
has met these peaceful civilians with extreme violence and inhumanity--
killing an estimated 250 people since February 1st, and detaining
thousands more. They've specifically targeted journalists and shut down
internet communications in an attempt to keep their violations from the
world. In that they have not succeeded.
The brutality of the military comes in sharp contrast to the
bravery of protesters like 19-year-old, Kyal Sin, nicknamed ``Angel.''
She led fellow peaceful demonstrators in a chant of unity when police
forces gunned her down. Her final act on this planet was one of
selfless service--opening a water-pipe so her fellow protesters who had
just been tear-gassed could wash their eyes and asking a friend to duck
and cover as shots rang out.
The Biden administration's response to the coup was swift and I
applaud their attention to this crisis. President Biden signed an
Executive Order on February 10th allowing the Departments of State and
Treasury to impose targeted sanctions against the military leaders and
their business holdings, and have announced additional designations
this week, including an announcement this morning that they will be
targeting two of the military's largest holdings, the Myanmar Economic
Corporation (MEC) and Myanmar Economic Holdings Limited (MEHL). This is
a big step and I thank the Administration for taking it.
Other like-minded countries have imposed targeted sanctions,
including the European Union. But more must be done to deny the
Tatmadaw its economic lifeline and to deny it the weapons of war.
The U.S. should play a leading role in urging our partners and
allies, including members of ASEAN (Ah-see-ahn) to take steps to cut
off funding for the military, and we should work to ensure that
American and other foreign companies are not engaged in activities that
benefit the Tatmadaw.
Unfortunately, the recent brutality of the Tatmadaw is all too
familiar. In 2017 many of the same military leaders who orchestrated
the February coup oversaw atrocities against the Rohingya ethnic
minority, with human rights violations ranging from systemic gang rape
and extrajudicial killings, to forced displacement of more than one
million Rohingya. United Nations' investigators have characterized the
systematic campaign to wipe out the Rohingya in Burma by its rightful
name: genocide. I have repeatedly called on the United States
Government to do the same.
I want to thank you all again for being here today for this
important hearing and I look forward to the witness testimony.
I would now like to turn and recognize the ranking member,
Senator Romney, for his opening statement.
[No response.]
Senator Schatz. Senator Romney, you are on mute.
STATEMENT OF HON. MITT ROMNEY,
U.S. SENATOR FROM UTAH
Senator Romney. Thank you. I want to thank Chairman Markey
for convening this hearing and for inviting me to participate.
This first hearing of the subcommittee on the United States
policy responses towards Burma comes in the light of the recent
military coup against the democratically-elected government,
and I want to recognize our four witnesses who have graciously
agreed to join us today.
I want to thank each of you for your service and we look
forward to hearing from you.
In recent years, the Burmese military conducted a campaign
of violence against the Rohingya people, murdering thousands,
committing widespread sexual violence, destroying homes. More
than three-quarters of a million Rohingya have fled in the last
5 years to live in refugee camps. Some 3,300 were murdered.
On February 1st of this year, as you know, Burma's military
leaders directed a coup, removed the government that had been
democratically-elected in November 2020. They have since killed
260 people and detained 2,200 citizens, including some 750
students.
In response, the Biden administration has imposed targeted
sanctions against Burma's military leaders, including sanctions
just announced today, and it has pledged to support Burmese
civil society and humanitarian efforts.
Of course, the political situation in Burma is reaching a
boiling point. People are protesting. The opposition has been
silenced.
The military junta seems set on escalating the situation
further, and, of course, there is risk of more murders, more
refugees, and even civil conflict and the risk of all these
things grows by the day.
The United States stands with the people of Burma and their
fight for democracy and freedom, and we condemn the violence
against them.
But we must also lead an international effort to expand and
strengthen the sanctions and the embargo, and we must call upon
China to join this effort or to suffer the public exposure of
callous disregard for the plight of humanity.
I look forward today to hearing from the witnesses on the
current conditions in Burma, including the risks of the
conflict's escalation, China's role in this crisis, and what
steps the United States can take from this point forward to
support the people of Burma.
Thank you, Mr. Chairman. With that, I turn back to you.
Senator Markey. Thank you, Senator Romney. And now we will
turn to our panel.
Our first witness is Ambassador Atul Keshap, who is a
career senior Foreign Service officer serving as the Principal
Deputy Assistant Secretary of State for the Bureau of East
Asian and Pacific Affairs.
Throughout his 25-year career, the Ambassador has served
around the world. He previously served as Deputy Assistant
Secretary of State for South Asia as the U.S. senior official
for Asia Pacific Economic Cooperation.
Prior to his current assignment, he served at the
Department of Defense as the National Defense University's Vice
Chancellor.
We welcome you, Ambassador, and whenever you feel
comfortable, please begin.
STATEMENT OF AMBASSADOR ATUL KESHAP, PRINCIPAL DEPUTY ASSISTANT
SECRETARY OF STATE, BUREAU OF EAST ASIAN AND PACIFIC AFFAIRS,
U.S. DEPARTMENT OF STATE, WASHINGTON, DC
Ambassador Keshap. Thank you kindly, Senator. I just want
to make sure everybody can hear me and see me.
Okay, I am seeing nods. Fantastic.
Mr. Chairman, Ranking Member, Senator Romney, members of
the committee, thank you very much for your time and attention
today, and I am grateful to you for the opportunity to speak
about the very tragic and deeply regrettable events in Burma as
a result of the military coup.
I also want to thank you, Mr. Chair, and the members of
this committee for their steadfast support in this regard and
in many other things. I agree entirely with you, Mr. Chair,
that the United States should play a leading role in responding
to this tragedy and this coup.
The United States, under the Biden/Harris administration,
has condemned in the strongest possible terms the military coup
in Burma, the horrific violence against protesters, and the
ongoing detentions of State Councilor Aung San Suu Kyi,
President Win Myint, and other democratically-elected leaders
as well as more than 2,000 civil society actors.
We denounced this takeover, which rejects the will of the
people of Burma as expressed in November 2020 elections and
worsens pre-existing crises, including the ethnic cleansing of
Rohingya.
For the past 8 weeks the people of Burma have taken to the
streets to protest peacefully and voice their aspirations for a
return to democracy.
We have seen civil servants and medical personnel, Buddhist
monks and Catholic nuns, 88 Generation activists and young
students, trade union leaders, farmers, and ethnic community
leaders all uniting in Burma's largest street protests since
the 2007 Saffron Revolution and the largest civil disobedience
movement since the 1988 uprising.
We have seen and witnessed their enormous bravery and their
enormous sacrifice in demanding a return to civilian rule. We
have also seen, Mr. Chair, the regime's brutal response.
Prior to the coup, military leaders had claimed widespread
fraud in a meager attempt, a meager attempt, to mask this power
grab in some sort of constitutional legitimacy.
Since then, Burma security forces have intensified their
violent repression, killing at least 275 people and injuring
hundreds of others. We utterly condemn these horrific attacks.
Since February 1, the United States has taken swift action
to promote accountability for the military regime and support
the people of Burma in their efforts to reestablish and
safeguard their democracy.
First, we have worked to galvanize the international
community to exert diplomatic pressure through two G-7
statements, two United Nations Security Council statements, and
many joint and individual statements from partners and allies.
We have signaled to the regime that its actions have
consequences.
We have conveyed to military leaders that they must restore
the democratically-elected government, cease attacks on
peaceful protesters, and release all of those unjustly
detained.
We are working to maintain the broadest coalition of
partners, including ASEAN members.
Second, we have taken strong actions to promote
accountability. President Biden announced February 10 an
executive order that authorizes targeted sanctions in
connection with the coup.
Since then, we have sanctioned 14 current and former
military leaders, two military units, and three military-
controlled entities. We also sanctioned Commander-in-Chief Min
Aung Hlaing's two adult children and six entities that they
control.
And just today, as you referenced, Mr. Chair, we imposed
sanctions on the two largest military-owned conglomerates,
Myanmar Economic Corporation, MEC, and Myanmar Economic
Holdings Limited, MEHL, which will directly target the junta's
revenue streams and personal fortunes, and demonstrates that we
will continue to impose costs until the junta removes its
stranglehold on democracy.
Third, we are working harder than ever to support the
people of Burma through temporary protected status. We are also
expanding support for Burmese civil society, and we will
continue to engage with the committee representing the Union
Parliament, CRPH, the National League for Democracy, ethnic
party representatives, civil society representatives, and many
others as they work to restore their democracy.
We thank the Congress for enabling the United States to be
a global leader in responding to the Rohingya crisis. The coup
does not change our commitment to those populations.
Fourth, I want to commend our embassy team in Rangoon and
Ambassador Tom Vajda, who have been performing heroically to
keep personnel, their dependents, and American citizens
informed and safe, including supporting departures of
Americans. We are continually assessing the security situation.
Finally, Mr. Chair, permit me to say that this is not the
Burma of the eighties, nineties, or 2000s. A broad and
impressive coalition of civil society actors of all ages,
ethnicities, faiths, and regions have united and are pushing
back to restore democratic governance.
The people have made their voices heard. They will not
abide this takeover. To them, I say, ``We hear your voices.''
Thank you, Mr. Chair.
[The prepared statement of Ambassador Keshap follows:]
Prepared Statement of Ambassador Atul Keshap
Mr. Chairman, Ranking Member, Members of the Committee.
Thank you for the opportunity to be here today. It is my honor to
speak with you about recent events in Burma, the State Department's
response, and our efforts to ensure the safety of our personnel and
American citizens.
The United States has condemned in the strongest possible terms the
military coup in Burma on February 1, the horrific and lethal violence
against protestors, and the ongoing detentions of State Counsellor Aung
San Suu Kyi, President Win Myint, and other democratically-elected
government leaders, as well as more than 2,000 civil society actors. We
denounced this takeover, which rejects the will of the people of Burma
as expressed in their November 2020 elections, and worsens pre-existing
crises, including the ethnic cleansing of Rohingya and the nearly one
million Rohingya refugees in Bangladesh.
For the past 8 weeks, the people of Burma have taken to the streets
to protest peacefully and voice their aspirations for a return to
democracy and rule of law. We have seen civil servants and medical
personnel, Buddhist monks and Catholic nuns, 88 Generation activists
and young students, trade union leaders, farmers, and ethnic community
leaders--all uniting in Burma's largest street protests since the 2007
Saffron Revolution, and largest civil disobedience movement since the
1988 democracy uprising. We have seen enormous bravery and enormous
sacrifice.
We have also seen the regime's brutal response in an ongoing
attempt to overturn the results of the November election. Prior to the
coup, military leaders had claimed widespread fraud in a meager attempt
to mask this power grab in some sort of constitutional legitimacy.
Since then, Burma's security forces--at the behest of military
leaders--have intensified their violent repression, killing at least
275 people since the coup and injuring hundreds of others. We condemn
these horrific attacks. We also condemn the junta's attempts to block
access to information.
Since February 1, the United States has taken swift action to do
two things: promote accountability for the military regime and support
the people of Burma in their efforts to reestablish and safeguard their
democracy. We have done this through a whole-of-government response
that includes close coordination with international partners.
First, we have worked to galvanize the international community to
condemn this coup and exert diplomatic pressure. Through two G7
statements, two U.N. Security Council statements, and many joint and
individual statements from partners and allies, we have signaled to the
regime that its actions have consequences. In public and private
messaging, we have conveyed to military leaders that they must restore
the democratically-elected government, cease attacks on peaceful
protesters, release all those unjustly detained, and respect the
outcome of the 2020 elections. We are working to maintain the broadest
coalition of partners, including ASEAN members.
Second, we have quickly adjusted our diplomatic and assistance
responses, and taken strong actions to promote accountability.
President Biden announced February 10 an executive order that
authorizes targeted sanctions in connection with the coup. Since then,
we have sanctioned 14 current and former military leaders, two military
units responsible for related violence, and three military-controlled
entities in the extractives sector. We also sanctioned Commander-in-
Chief Min Aung Hlaing's two adult children and six entities they
control.
In addition, we have strengthened our export control posture
towards Burma to ensure the junta cannot benefit from sensitive U.S.
goods or services, including by adding Burma to the Military End User
List and adding the Ministries of Defense and Home Affairs, as well as
Myanmar Economic Corporation (MEC) and Myanmar Economic Holdings
Limited (MEHL), to the Entity List. And, of course, we continue robust
enforcement of our longstanding arms embargo.
While the military coup triggered a statutory restriction on
foreign assistance to the Government of Burma, only a small fraction of
U.S. assistance before the coup benefited the government, instead
supporting local organizations, civil society, democracy promotion, and
life-saving healthcare and humanitarian relief. Nevertheless, we have
undertaken an interagency review of our assistance, and de-scoped
certain U.S. assistance away from work that engaged the Government and
toward work directly benefiting the people of Burma. Our support to
civil society is more important than ever.
Third, we are working harder than ever to support the people of
Burma wherever they are. We provided Temporary Protected Status to
individuals from Burma in the United States, as we recognize the
catastrophe caused by the coup prevents them from returning home
safely. We are also expanding support for Burmese civil society
leaders, activists, and journalists under duress. And we will continue
to support and engage with the Committee Representing the Union
Parliament (CRPH), National League for Democracy (NLD) leaders, ethnic
party representatives and organizations, and others supporting the
restoration of democracy, as they work to unify and maintain their
movement. Any solution to this crisis must include them.
In addition, we again thank Congress for enabling the United States
to be the global leader in responding to the Rohingya crisis. The coup
does not change our commitment to supporting justice and accountability
for atrocities against the people of Burma and to providing
humanitarian assistance for vulnerable populations, including Rohingya.
Fourth, our Embassy team in Rangoon and Ambassador Tom Vajda have
been performing heroically to keep personnel, their dependents, and
U.S. citizens informed and safe, including by supporting the departure
of American citizens. We are continually assessing the security
situation to determine if a change in posture is needed.
Finally, this is not the Burma of the eighties, nineties, or even
2000s. A broad and impressive coalition of civil society actors of all
ages, ethnicities, faiths, and regions have united and are pushing back
on this coup. Though Burma's transition to democracy was far from
complete before February 1, the people of Burma each day are showing
their overwhelming preference for a civilian, democratic government.
I have been struck, in particular, by how protesters have adopted
the three-finger salute from The Hunger Games--a popular American book
and movie series, in which the people rise up against repressive,
violent rule. No doubt most of the generals have missed this reference,
in their focus on a misguided myth of Burma's military serving as the
savior of the people. To the contrary, young people across Burma are
looking forward, uniting like never before in a struggle to restore
democratic governance. The people have made their voices heard. They
will not abide this takeover. To them I say: we hear your voices. We
and others must continue to act.
The people of Burma yearn to be part of the free and open global
community, and we will continue to work with our partners in Congress
to thwart the military's efforts to return the country to its isolated
and repressive past. Thank you.
Senator Markey. Thank you so much. Thank you for your
testimony. Much appreciated.
Our second witness on the first panel is Mr. Scott Busby,
who is currently serving as the acting Principal Deputy
Assistant Secretary of State in the Bureau of Democracy, Human
Rights, and Labor at the Department of State, where in addition
to the Bureau's budget and human resources, he oversees the
Bureau's work on Africa, East Asia, and the Pacific, the
Western Hemisphere, and the human rights of the LGBTQI persons,
business, and human rights and human rights-based sanctions.
We thank you so much, Mr. Busby, for being with us.
Whenever you are ready, please begin.
STATEMENT OF HON. SCOTT BUSBY, ACTING PRINCIPAL DEPUTY
ASSISTANT SECRETARY OF STATE, BUREAU OF DEMOCRACY, HUMAN
RIGHTS, AND LABOR, U.S. DEPARTMENT OF STATE, WASHINGTON, DC
Mr. Busby. Thank you, Mr. Chairman, and thank you to
members of the committee.
We really appreciate your holding this important hearing to
focus attention on the deteriorating human rights situation in
Burma in the wake of the February 1st coup.
We greatly appreciate the Senate's ongoing concerns about
Burma at this critical juncture in the nation and region's
history.
Military leaders of Burma have brutally sought to remain in
charge of Burma's future regardless of the people's will.
The pro-democracy protests and peaceful demonstrations of
the civil disobedience movement have made it clear that the
Burmese people do not want to live in a country where their
votes are summarily dismissed, their human rights and
fundamental freedoms are not respected, and where the military
is free to commit violence against them with impunity. Nor do
they want to live in a country, once again, cut off from the
world.
We are deeply alarmed by the deteriorating environment for
civil society, labor unions, and journalists. Since February
1st, security forces have killed at least 275 people.
The Assistance Association for Political Prisoners, a
Burma-based organization, has identified over 2,000 persons who
have been arrested, charged, or sentenced in relation to
opposing the military coup as of March the 15th.
We expect those numbers to increase as the military
tightens its hold. We are continuing our long-standing support
for programs that benefit civil society leaders, activists, and
young people, and working to help those most at risk after the
coup, including journalists.
The Administration is also working hard to protect those
fleeing the repression. We have engaged with the U.N. High
Commissioner for Refugees, nongovernmental organizations, and
other governments in the region to provide persons seeking
refuge with appropriate protection. We have urged those
governments to respect the principle of nonrefoulement.
We are also providing protections to the people of Burma
living in our own country. Earlier this month, the Department
of Homeland Security, in consultation with the Department of
State, designated Burma for Temporary Protected Status for 18
months so that Burmese nationals and habitual residents without
nationality may remain temporarily in the United States.
Organized labor has been instrumental in initiating and
sustaining the ongoing democracy movement. In response, the
military junta has targeted workers and unions, and negated
core labor rights and protections.
On March the 20th, United States issued a statement at the
most recent session of the ILO governing body condemning the
military's actions against trade unionists and workers.
The junta is, similarly, attacking the media. The junta's
actions have created a culture of fear among independent news
sources throughout the country. We are doing all we can to
support independent journalism within Burma.
The junta also continues to restrict access to the internet
and online communication tools. Days after the coup, for
instance, the military ordered internet service providers to
block access to Facebook, Wikipedia, Twitter, and Instagram.
The department is engaging with these service providers to
encourage them to continue their operations to the extent
possible, and we are training civil society actors on how to
minimize risks in their use of circumvention and other tools.
Those who have led the military coup in Burma are many of
the same individuals responsible for previous abuses,
particularly in ethnic areas and including the horrific
atrocities against the Rohingya.
We believe the safety and security of Burma's ethnic and
religious minority communities is a critical part of the larger
discussion on the way forward.
We remain committed to providing accountability for the
perpetrators of atrocities against the people of Burma,
including the Rohingya. Documentation of ongoing violence and
human rights violations against protesters and civil society
activists is essential to initiating accountability.
As you may recall, in 2019 the Department of State publicly
announced senior leaders of Burma's military, including the
Commander in Chief and their immediate family members, were
ineligible for travel to the United States because of their
involvement in gross violations of human rights, including
those against the Rohingya.
The Department of Treasury similarly imposed Global
Magnitsky sanctions on those same leaders. We also continue to
support multilateral efforts to promote accountability for
those responsible for these atrocities, including through the
U.N.'s Independent Investigative Mechanism for Myanmar.
As a consequence of Secretary Blinken's decision to
reengage with the U.N. Human Rights Council, we actively
participated in a special session of the Council on Myanmar in
February and co-sponsored the resolution that was adopted by
the Human Rights Council yesterday, which, among other things,
extends the important mandate of the Special Rapporteur on the
human rights situation in Myanmar, Mr. Tom Andrews, who you
will hear from later today.
The United States also continues to provide humanitarian
and development assistance to ethnic and religious minority
communities, notably, Rohingya communities impacted by ethnic
cleansing and other human rights violations.
The United States remains the largest supporter of efforts
to provide assistance to those affected by the military's
ethnic cleansing and other atrocities in Rakhine State since
2016.
Again, thank you, Mr. Chair, and other members of the
subcommittee, for holding this hearing on the U.S. response to
the coup in Burma. We look forward to working with you and I am
happy to take your questions.
[The prepared statement of Mr. Busby follows:]
Prepared Statement of the Honorable Mr. Scott Busby
Mr. Chairman and Members of the Committee, thank you for holding
this important hearing to focus attention on the deteriorating human
rights situation in Burma in the wake of the February 1 military coup
d'etat. We greatly appreciate the Senate's ongoing concerns about Burma
at this critical juncture in the nation and region's history.
The military leaders of Burma have brutally sought to remain in
charge of Burma's future regardless of the people's will. They have
sought to consolidate power over the country's resources at the expense
of the nation. They have violently attacked or imprisoned any who are
perceived to threaten their power, with more than 2,000 detained since
the start of the coup. The pro-democracy protests and peaceful
demonstrations of the civil disobedience movement over the past 2
months have made it clear that the Burmese people do not want to live
in a country where their votes are summarily dismissed, their human
rights, and fundamental freedoms are not respected, and where the
military is free to commit violence against them with impunity. They do
not want to live in a country, once again, cut off from the world.
deteriorating environment for civil society, labor unions, and
journalists
We are alarmed by the deteriorating environment for civil society,
labor unionists, and journalists in Burma. Since February 1, security
forces have killed at least 275 people. In every case for which we have
specific information, the person died of gunshot wounds. Medical
workers have said they are prevented by the military from helping
injured protesters and security forces have attacked health care
personnel and facilities.
The Assistance Association for Political Prisoners, a Burma-based
organization, has identified over 2,000 persons who have been arrested,
charged or sentenced in relation to opposing the military coup, as of
March 15. We expect the numbers to increase as the military tightens
its hold on the country.
The Administration is also working to protect those fleeing
repression. We have engaged with the U.N. High Commissioner for
Refugees, nongovernmental organizations, and other governments in the
region to identify persons seeking refuge outside Burma and to provide
them with the protection they deserve. We have urged other governments
in the region to respect the principle of non-refoulement.
We are also providing protection to the people of Burma living in
our own country. Earlier this month, the Department of Homeland
Security, in consultation with the Department of State, designated
Burma for Temporary Protected Status (TPS) for 18 months, so that
Burmese nationals and habitual residents without nationality may remain
temporarily in the United States.
organized labor
Organized labor has been instrumental in initiating and sustaining
the on-going pro-democracy movement. In response, the military junta
has targeted workers and unions, and negated core labor rights and
protections. It has declared 16 trade unions and labor organizations
illegal, threatened them with prosecution, raided workers' housing
complexes in search of union leaders, and violently attacked trade
unionists peacefully exercising their fundamental rights. Many trade
unions have ceased their operations due to the worsening environment,
and many union leaders and members have gone into hiding.
On March 20, the United States issued a Statement at the 341st
Session of the ILO Governing Body addressing the situation in Burma and
condemning the military's actions against trade unionists and workers
as an assault on democracy, the core values of the ILO, and workers'
ability to exercise their human and fundamental worker rights.
media and internet
The junta is similarly attacking the media. We are deeply concerned
by the recent arrest of eight journalists, who have been charged under
Article 505(A) of the Myanmar Penal Code, for reporting on pro-
democracy protests. Their arrest came on the heels of the revocation of
operating licenses for five independent news outlets. As of March 21,
21 journalists remain in detention. The junta's actions have created a
culture of fear among independent news sources throughout the country.
We are doing all we can to support independent journalism within Burma
as it faces escalating pressure from the security forces.
The junta also continues to restrict access to the Internet and
online communication tools. Days after the coup, the military ordered
Internet service providers to block access to Facebook, Wikipedia,
Twitter, and Instagram. Authorities have blocked certain censorship
circumvention tool websites as well as instant messaging apps, such as
WhatsApp and Facebook Messenger and continue to impose nightly broad
Internet blackouts, including cellular data and Wi-Fi. The Department
continues to engage with these service providers to encourage them to
continue their operations to the extent possible and we continue to
train civil society actors on how to minimize risks in their use of
such tools.
ethnic communities
Those who have led the military's coup in Burma are many of the
same individuals largely responsible for previous abuses throughout the
country, particularly in ethnic areas and including atrocities against
the Rohingya. We believe the safety and security of Burma's ethnic and
religious minority communities is a critical part of the larger
discussion on the way forward in Burma.
We remain committed to promoting accountability for the
perpetrators of atrocities against the people of Burma, including the
Rohingya. Documentation of ongoing violence and human rights violations
against protesters and civil society activists is essential to
initiating accountability.
As you may recall, in 2019, the Department of State publicly
announced senior leaders of Burma's military, including Min Aung
Hlaing, and their immediate family members, were ineligible for travel
to the United States under Section 7031(c) of the Appropriations Act
because of their involvement in gross violations of human rights
against ethnic minorities, including the Rohingya. Later that year, the
Department of the Treasury imposed Global Magnitsky sanctions on those
same senior military leaders. As we stated at the time, our public
7031(c) designations and sanctions were intended to deter abuses and
violations of human rights against the Rohingya and other ethnic
minorities.
We also support multilateral efforts to promote accountability for
those responsible for these atrocities and other abuses, including the
U.N.'s Independent Investigative Mechanism for Myanmar, whose mandate
includes documenting ongoing abuses as well as those that took place in
the past. As a consequence of Secretary Blinken's decision to re-engage
with the U.N. Human Rights Council, we actively participated in a
Special Session of the Council on Myanmar in February and have co-
sponsored the resolution that was adopted by the Council yesterday,
which, among other things, extends the important mandate of Special
Rapporteur on the human rights situation in Myanmar, Mr. Tom Andrews,
who you will hear from after us.
The United States will also continue to provide humanitarian and
development assistance to ethnic and religious minority communities,
notably Rohingya communities impacted by ethnic cleansing, other
atrocities, and a deep and abiding legacy of societal intolerance and
human rights violations. The United States remains the largest
supporter of efforts to provide assistance to those affected by the
military's ethnic cleansing and other atrocities in Rakhine State since
2016.
Again, thank you for holding this hearing on the U.S. response to
the coup in Burma. We look forward to working with the Members of the
Committee and I will be happy to take your questions.
Senator Markey. And now we will begin our question and
answer period, and we will recognize members in order of
seniority on the subcommittee.
Let me begin by just saying to you, Mr. Busby and to
Ambassador Keshap, that I have been pleased that the
Administration has taken strong initial steps to respond to the
coup, including an announcement just this morning that you are
designating two of the military's largest business holdings,
the Myanmar Economic Corporation and the Myanmar Economic
Holdings Limited, in the extension of temporary protected
status for Burmese citizens living in the United States. I
think that is very important.
And I also thank the State Department for its recent
response to my bipartisan letter on the coup sent with a group
of my colleagues in February.
Ambassador Keshap, the response to my letter indicated that
the State Department is currently reviewing all assistance to
Burma--can you please describe what specific aid the department
is reviewing and what the implications may be as aid is cut off
or redirected?
Ambassador Keshap. Thank you, Senator. I think the
philosophy guiding us is, essentially, that we want to make
sure that American aid money benefits the people of Burma, that
it strengthens civil society, that it strengthens democracy,
and that it does not go to the military.
It does not go to the junta. It does not go to the people
who have blocked the aspirations of the Burmese people.
We have redirected $42 million in assistance to ensure that
it even more greatly goes toward the people who need help at
this time. I think for further details on that I would defer to
USAID.
But the essential element here is to make sure that in no
way, shape, or form do we support anybody who has been backing
this junta and we want to show a strong signal of support to
civil society.
Thank you, Mr. Chair.
Senator Markey. Thank you.
Let me follow up with you, Mr. Busby. When Secretary
Blinken appeared before the full Senate Foreign Relations
Committee at his nomination hearing, he committed to me that he
would oversee an interagency process to determine whether the
crimes committed by the Burmese military against the Rohingya
constitute a genocide.
Can you please tell us what the status is of that review,
including which official and which office is overseeing it as
well as when we can expect a determination?
Mr. Busby. Thank you for that question, Mr. Chair.
The review that Secretary Blinken committed to has begun.
That said, the coup has, obviously, compelled us to consider
and undertake a wide array of actions. Many of those actions,
including the sanctions announced today against MEC and MEHL,
apply to the same individuals and entities responsible for the
atrocities against the Rohingya or for financially supporting
those same individuals and entities.
However, we have not forgotten and will not forget the
horrific atrocities suffered by the Rohingya and their ongoing
plight. I personally have been to Rakhine State and to the
refugee camps in Cox's Bazar, and I heard and saw firsthand
what the Rohingya have suffered.
We will continue to do our utmost to hold accountable those
responsible for that suffering and seek to remedy the
injustices they have endured for so long.
Senator Markey. Where are you in terms of the determination
of whether or not what the army has been doing constitutes a
genocide? Where are you in that process?
Mr. Busby. As I mentioned, the process has begun. I cannot
get into more details than that at this point, Mr. Chair. But
the secretary is very committed to the review and to this
process, and I think we will have an answer in the not distant
future.
Senator Markey. As we see an escalation in violence by the
army against the people in Burma, it is more important than
ever that the United States call the crimes committed against
the Rohingya what they are, genocide.
I want you to continue to send that message to the
Administration. I think it is very important.
Ambassador Keshap, now that targeted U.S. and EU sanctions
are in place and with the announcement of the designations of
these army-related economic entities, what will be the primary
source of ongoing foreign revenue for the military junta
itself?
Ambassador Keshap. Mr. Chair, that is a simple question
with an extremely complicated answer that I think occupies a
lot of people in the State Department, Treasury Department, and
other parts of the Executive Branch.
We are studying this day by day. We have targeting and
sanctions teams that are constantly at work and we are trying
to get to the bottom of it.
Obviously, the situation in Burma is not exactly
transparent. The military is an extremely secretive
organization, and they are able to rely upon all sorts of
revenues that are not easily tracked.
Whether it is the natural resources or it is drug
trafficking or the arms trafficking that occurs in Burma, there
are so many things happening that we try our best to track and
ascertain.
We talk to a very broad cross-section of civil society and
we are constantly at it. The approach----
Senator Markey. Let me ask you, can you focus on the
Myanmar Oil and Gas Enterprise? That seems to be a huge source
of revenues for them as they interact with international oil
companies. Have you looked at that as a place where you could
stop foreign revenues from going into the country?
Ambassador Keshap. A great question. We are studying all of
these possibilities, including MOGE. But the issue, I think,
that guides us is the question of whether it mostly impacts the
military or if it also has an impact on the people.
And so these discussions and deliberations are ongoing. I
am not in a position to make any announcements at this
juncture.
But I can assure you, Mr. Chair, that we look at all these
things very, very closely, and there is a very careful analysis
that is done of all of the various first order, second order,
third order ramifications of whatever decisions we might make.
Senator Markey. I think that is wise. We do not want to
invoke the law of unintended consequences when it comes to
additional humanitarian damage which is caused at the same
time, especially in the oil and gas area.
I have always found in my experience that that is where
those cozy relationships get very questionable between oil
companies internationally and the leaders of countries,
especially authoritarian, which is what the army has now
created in Burma.
You should look very carefully at that while, keeping
humanitarian concerns at the top of the agenda.
Let me turn and recognize Senator Romney.
Senator Romney. Thank you, Mr. Chairman.
Ambassador Keshap, why is it that the military decided to
take the country back over to execute this coup? I presume it
was for personal wealth. Is that true or are there other
motivations, you think, that led to the coup?
Ambassador Keshap. Senator, it is very hard for me to
ascribe motive to the Commander in Chief. There are people who
have offered various hypotheses about what may have triggered
his decision, whether it was personal ambition or it was
preservation of the military's vast and ill-gotten wealth, or
if it was a mere power play over the democratic leadership and
institutions of Burma, or if it was something else entirely.
I am not sure we will be able to get to a firm answer on
that. But what I can tell you is what he decided is absolutely
and completely out of step with the aspirations of the Burmese
people and they let it be known.
Senator Romney. Of course. Of course. Yeah, of course, that
is true. I guess the assumption is it is money. You know, money
and power often go together.
But, clearly, the reason many people want to have power is
so they can get the wealth for themselves and their families
and so forth that they aspire to.
I would note you, correctly, are concerned about the
humanitarian needs of the people in Burma. But, of course,
money is fungible, and if we are going to put pressure on the
financial resources that are going to the Burmese military,
their leadership, that could either be suffered by the people
or by the leaders themselves.
But that is not going to be our choice. That will be their
choice, and we will have to make a decision as to whether we
want to put in place those kinds of painful elements.
Have we done anything? I mean, they have been here before.
The military has been in charge of this country before, they
carried out genocide against the Rohingya before, and so they
suffered sanctions before. They, clearly, expected that that
would happen again.
So what we are doing right now is not something they do not
expect. Is there something we could be doing that they--that
they really do not expect, that they say, holy cow, did not see
this coming? Or are we, basically, going by the same playbook
and expecting a different result than--as a result of doing the
same thing we did before?
Ambassador Keshap. Senator, thank you for that. You will
forgive me if I want to keep the military guessing by not
telegraphing what we might be planning to do.
But I will say that I would suggest that what we are doing
now is a little different from the past. We really appreciated
the intent of the sectoral sanctions like the JADE Act.
But what these are doing now is really pinpointing the
Commander in Chief, his family, his ruling circle. These are
very carefully sort of designed sanctions to put pressure on
the Commander in Chief, to put pressure on his children, on his
family to make him realize that he has bitten off more than he
can chew, that he is out of step with his own people, and that
he needs to start looking for alternatives to the current
terrible situation.
Senator Romney. Yeah, I presume we have done that before.
So he expected it, and I do not imagine we have seen a change
in behavior by virtue of what has been done so far.
Why is it that the Chinese have not condemned this coup? I
mean, are they trying to protect this junta in some way, do you
believe?
Ambassador Keshap. Senator, I cannot authoritatively
ascribe a motivation to the Chinese. But I do think that we are
motivated by a desire to support the people. I would guess that
they are motivated by a desire for stability.
They have profound strategic and economic interest in
Burma. It is their back door to the Bay of Bengal for their
remote interior provinces.
I think they care about stability more than anything, and
while we have seen some cooperation with them in the U.N.
Security Council, which helped us get through two U.N. Security
Council statements on Burma, I think the Chinese are probably
deeply anxious to see a return to stability so that they can
keep preserving their strategic and economic interests, which,
as I said, are compelling for them.
Senator Romney. Is there a worst case scenario where, in
fact, it is not a stable country but it devolves into violence
of some kind?
Is that unlikely or--because, clearly, if their interest is
stability without regard to the human cost, then if there were
a threat of instability, potential conflict of a military
nature, amongst the people--a civil unrest leading to
conflict--that would be something they would be concerned
about.
Is that not a downside or is the military in sufficient
control that that would really not be an issue?
Ambassador Keshap. I think we--look, diplomats are always,
to an extent, believers in the Hippocratic oath. Things can
always get worse and, therefore, we should always in our
actions try to ensure that we do not do further harm.
There is always the possibility that things could get worse
in Burma, which the situation could deteriorate. This is why we
are working with friends and partners in the region, primarily
in ASEAN but also with Japan and Korea, with India, and with
European partners, Australia and others, and China.
We want to make sure that we can try to avoid any further
degradation of the situation in Burma. We do not want to see
any more humanitarian suffering than has already taken place,
and we want to see how we can get more countries than just the
United States to try to get the junta to see that the situation
is untenable and that they have to recalculate. And they have
to talk to their own people and they have to talk to the
civilian-elected leadership of Burma.
And this is why I think we are engaged in constant
conversations because we work very hard to ensure that things
do not get worse.
Senator Romney. Yeah. Thank you, Mr. Ambassador. I think I
have taken my time. I do not see a clock here at the--Mr.
Chairman, you have not told me how long we can go here. But I
will yield my time so that other members of our committee get a
chance to ask a question.
Senator Markey. We are operating under a kind of conscience
clock in our brains, because it is difficult to know exactly
how much time has elapsed.
Let me recognize Senator Schatz.
Senator Schatz. Thank you, Mr. Chairman, Ranking Member,
and to our panel, thank you very much for doing this hearing.
I want to talk to you about the press crackdown. The
military has cracked down on press freedom since the coup on
February 1st and has suspended media licenses of five local
outlets and it has raided offices and assaulted journalists.
Human rights observers estimate that at least 38 journalists
have been detained.
What can we do to protect journalists and others who are
reporting on the demonstrations? First, for the ambassador?
Ambassador Keshap. Well, Senator Schatz, thank you very
much for that question. It is extremely important. Look, the
United States bats for freedom of speech and media freedom and
press freedom all around the world, and that is no different in
Burma.
We have been very, very clear about this. I would like to
turn to my learned colleague, Scott Busby, to talk a little bit
more about media freedom, since that is in the particular
wheelhouse of his bureau.
But we are doing everything we can to ensure that our
values are very clearly on display, that the Burmese people
know what those values are, and that journalists in Burma can
always rely on the support of the United States.
Thank you.
Senator Schatz. Great. Mr. Busby?
Mr. Busby. Thank you, Senator. Thank you, Atul.
As Atul indicated, we continue to publicly support
journalists and message to the military that crackdowns on
journalists are unacceptable.
Specifically, our embassy has attended ongoing judicial
proceedings on detained journalists to shine a light on such
cases, and I think that demonstrates concretely the fact that
we care about these sorts of cases.
Senator Schatz. Thank you.
Mr. Busby. We have supported independent journalism in
Burma for a long period of time and will continue to do so.
Senator Schatz. Thank you.
You know, Senator Young and I have a bill to establish an
ambassador-at-large for press freedom in the State Department.
We look forward to working on a bipartisan basis to try to
enact that
I want to move on to internet access. The military has
tried to control internet access as part of the coup. Engineers
were forced to turn off equipment and physically cut wires.
Burma, like a lot of places, is different than even a
decade ago. In 2010, less than 1 percent of the country had
access to the internet. Now it is about 30 percent. It is just
a function of everyday life.
And so the military learned that it cannot just turn the
internet off. They are still blocking websites and limiting
communications, but they are struggling in part because Burma
is not walled off from the rest of the world.
There are two aspects I want to discuss here. The first is
our response to foreign support of the telecom sector. In 2014,
Burma opened up to outside competition. So now you have
companies like Norway's state-owned Telenor and Vietnam state-
owned Viettel delivering service.
So what can we do in terms of working with companies that
have a stake in Burma's telecom sector to ensure that they are
not assisting in the coup by providing technical support to
blocking websites?
And I will jump on whoever is more appropriate to answer
that question.
Ambassador Keshap. Would you permit me a general comment
and then defer to Scott for the detailed answer?
Senator Schatz. Sure.
Ambassador Keshap. The general comment, I think, is that
the military is realizing that you are damned if you do and
damned if you do not, when it comes to a coup. If you block the
internet, you can constrain your people from communicating and
exchanging views, but you also starve the economy.
And I think nations around the world have realized that if
they maintain free and open access to the internet, it ensures
an empowered, prosperous, and happy citizenry and contributes
to democracy.
And so they are trying to play this delicate juggling act.
But at the end of the day, the proof is already there that the
Burmese people have tasted what freedom and openness look like,
and there is no further proof needed than to see the people on
the streets raising the three-fingered salute that comes from
the American teen fiction ``The Hunger Games'' and from, you
know, so many movies that they have seen.
So I think you have raised a compelling question, Senator,
and let me turn it over to Mr. Busby. Over.
Mr. Busby. Thanks, Atul, and thanks, Senator, for that very
good question.
The State Department and DRL, in particular, have ongoing
connections with tech companies, and in this case, we have been
speaking with them to seek to ensure responsible behavior.
As Atul mentioned, they are in a tough spot because in
order to operate the Burmese Government requires them to do
certain things. So it is a delicate balancing act that they
have to play.
But we have been encouraging them, as we do in any
situation like this, to abide by human rights norms consistent
with something called the U.N. Guiding Principles on Business
and Human Rights.
We do not believe that shutting down telecommunications
will silence the voice of the people nor will it prevent
information about what the junta is doing from getting out.
So I think this is, again, a demonstration of how afraid
the junta is of giving the Burmese people the opportunity to
communicate freely and to express their opinions freely.
Senator Schatz. Just one final comment for both the
committee and the State Department and the international
community as it works through these issues, just to try to get
some granularity in terms of the various techniques of control
around communications.
You know, snipping wires is one thing. Limiting access
creating, you know, intranets rather than internets is another,
and then there is the question of characterizing communications
on social media platforms as terrorists or anti-government
content.
I mean, those are--those are separate issues. Obviously,
from the strategic standpoint, they may be moving in the same
direction. But I think we have to get better about
understanding the various techniques and understanding that
each technique requires its own discrete response within the
overall strategy.
Thank you.
Senator Markey. Thank you, Senator Schatz.
Senator Johnson.
[No response.]
Senator Markey. Senator Johnson, are you there?
[No response.]
Senator Markey. Senator Johnson, you are recognized.
[No response.]
Senator Markey. Senator Johnson, I can see your name up on
the screen. I am just wondering if you are there.
[No response.]
Senator Markey. Are there other senators seeking
recognition?
Senator Romney. I would suggest the absence of a body.
Senator Markey. I agree with you, and have a couple of more
questions. Senator Romney, maybe you have a couple more and
then we will thank this first panel for their testimony.
May I ask, what is the State Department doing right now in
terms of planning and coordination with other countries in the
region for the possibility that a large-scale migration is
going to occur, leaving Burma, creating a humanitarian--an
additional humanitarian crisis in the region? What is the
Administration doing right now to prepare for that possibility?
Ambassador Keshap. Senator, thank you very much. We have a
bureau, the Bureau of Population, Refugees, and Migration, that
focuses on these issues and has received the tremendous
generosity of the American people and the United States
Congress over the years in taking care of refugee populations
all around the world.
And I can say, as the son of a refugee, how much America's
leadership matters in the world and how much America's
compassion matters in the world.
So we have a refugee coordinator in Bangkok, a regional
refugee coordinator. He is very engaged, and I would say at the
apex level what we are trying to do is, going to Senator
Romney's question, trying to ensure that the situation does not
get worse.
Look, obviously, there are countries in the region that
are--that are experiencing severe impact and already have,
Bangladesh most prominently but also Thailand, Malaysia, and
others, and so they have a great interest in what happens in
Burma.
And so we are working with ASEAN. We are working with
regional partners. There is a lot of, I think, diplomacy going
on. You have seen the various statements by various ASEAN
countries.
I know that Foreign Minister Retno Marsudi has been
traveling in the region, also Foreign Minister Vivian
Balakrishnan, those of Indonesia and Singapore, respectively.
And, of course, Secretary Blinken asked right away to talk
with the ASEAN member parts in a collective discussion, and we
are awaiting a response from ASEAN. It is a consensus-driven
body.
But I am pleased to report to you that Secretary Blinken
right from the outset has engaged unilaterally--bilaterally I
should say--with all of--with many of his counterparts in ASEAN
and beyond the region as well--Japan, Korea, Europeans, ``Five
Eyes''--to discuss the situation in Burma. It has also come up
in Quad discussions.
And so the issue here is to ensure that we can try to avoid
any further precipitous decline in the situation that would
create even further burden on the nations in the region and,
frankly, the world. Thank you.
Senator Markey. Okay. Thank you.
Senator Romney, do you have any other questions?
Senator Romney. Yes, I do. Thank you. Comments and perhaps
a question.
But that is--and I am being perhaps somewhat cynical here,
but I think realistic at the same time, which is I cannot
imagine that the military junta proceeded down this road
without having a great deal of confidence that China was not
going to stop them.
In many respects, I would not be surprised to find that
China is encouraging or behind the scenes encouraging what has
happened here. Perhaps China expects that the Myitsone Dam is
going to get reopened and they are going to get the power they
would like or some other deal, and so they are going to pretend
like they oppose but they are not going to do things to really
put pressure.
Because given the extraordinary economic connection between
Burma and China, if China were really going to close things
down, why, this thing would stop in a big hurry. And I mean,
you look at the situation in Venezuela, for instance. We put
all this pressure on Maduro. Maduro would not still be there
were it not for Cuba and Russia supporting him.
And so I do think there is a very real possibility and
probability that China is, in some respects, complicit in what
we are seeing.
And what that suggests to me is that we ought to take
advantage of communicating to the world that China is sleeping
as people are weeping, if you will.
China is engaged in a worldwide effort to say that
democracy does not work and that the world should adopt
autocracy and become autocratic, that that is a better way to
go for the people, and they seem to be winning. In the last 15
years autocracies have been gaining and democracies have been
declining.
And I just think we need a very aggressive world effort, if
you will, to let the world know what China is doing and to show
what is happening by virtue of them turning a blind eye at
least to what is happening to their neighbor and their
largest--Burma's largest trading partner.
And I do not know how we can go about doing that in a more
effective way. But, you know, we can sell Coca Cola around the
world, right. We can market that extraordinarily.
For a little bit of caramel water we can charge people a
buck a can. You would think that kind of marketing know-how
would allow us to communicate effectively throughout the world
what we are seeing and, perhaps, turn enough public heat up on
China that they might decide, hey, we better push back on these
Burmese military folks.
So I turn to the Ambassador and Mr. Busby. Any comments in
that regard? Can we up our PR effort, our communications gains,
throughout the region and, thereby, put a lot more pressure on
China?
Because my guess is there is almost no sanction that we are
going to put in place that is going to change the Burmese
military from the course they are on. But China has the
capacity to do that. Maybe India, to a lesser extent, but
China, certainly, does.
Any thoughts about that?
Ambassador Keshap. Senator, you have raised a profound set
of issues.
I would say that from my service overseas as an ambassador
and in the last 2 years serving in the EAP bureau as PDAS it is
abundantly clear, and I am not stating anything you do not
know, that the Chinese play a long game. And they play a long
game in all of these countries and they have very clear
strategic and economic interests, and they are very pragmatic
in how they approach things.
We will always stand up for values. We will always stand up
for American values, and I think that these young people in
Burma know what those values are. And so I think, in a way, the
U.S. Government is selling our version of Coca Cola, to make
your point.
Our values are very strong and very clear. And we see these
folks in the streets every day risking their lives to espouse
these values. I am extremely impressed and inspired by them and
their devotion to our values.
I do not think our Chinese counterparts have that. We also
have an unbeatable alliance network and partnerships all around
the world. I do not think the Chinese have that.
And so we, too, have to play a long game. We have to have
faith in our values, faith in our strengths, faith in our
friendships and our alliances that we have built up over many
decades of careful effort.
And I am optimistic. We owe it to the little girl who was
shot in her father's arms by security forces in Burma a couple
of days ago. We owe it to the young people who were shot,
teenagers who were protesting in the streets for their rights.
And so we are going to keep work--you know, we will keep
working at it. I think the EAP Bureau has tried very hard
working with the broader State Department to shine a light on
the challenges that we face all around the world with regard to
China's increasing assertiveness, and we will keep at it, sir.
Senator Romney. Thank you.
Mr. Busby, any comment?
Mr. Busby. Can I just add, as you know, Senator, the Biden
administration has made a priority of working in coordination
with our partners around the world in pushing back on Chinese
influence and pushing back on Chinese abuses.
And as you saw on Monday, for the first time we announced
coordinated sanctions on Chinese officials complicit in the
abuses in Xinjiang. So there is a very concerted effort to work
with our partners in pushing back on Chinese influence and
advancing our values.
Senator Romney. Thank you. I would just note that sanctions
is one tool we can use but publicity throughout the region is
another tool we can use to put heat on China and, potentially,
to get them to be dissuaded from their tacit protection of the
military junta.
With that, Mr. Chairman, thank you. I appreciate this
opportunity.
Senator Markey. That concludes our first panel, and we
thank both of our witnesses for their service to our country
and for your testimony here today.
We are going to move on to the second panel, and I will
note that the roll call has now gone off up on the Senate
floor. So both Senator Romney and I will have to vote at some
point over the next 10 or 15 minutes, requiring us to leave for
at least a few minutes, which will be my plan, and perhaps
Senator Romney and I can swap the gavel back and forth just to
make sure that we are both able to vote.
Let me begin then with our first witness on the second
panel.
Tom Andrews, who is the U.N. Special Rapporteur on the
situation of human rights in Myanmar. He is a former member of
the United States Congress representing the state of Maine and
a Robina Senior Human Rights Fellow at Yale University Law
School, and we just recognize the incredible amount of work on
human rights that Congressman Andrews has done over the course
of his career.
So we welcome you, Tom. Whenever you are ready, please
begin.
STATEMENT OF HON. TOM ANDREWS, U.N. SPECIAL RAPPORTEUR ON THE
SITUATION OF HUMAN RIGHTS IN MYANMAR
Mr. Andrews. Thank you very much, Mr. Chairman.
Chairman Markey, Ranking Member Romney, and distinguished
committee members, thank you for inviting me here today to
discuss the crisis in Burma.
Thank you for your strong opening statements and,
certainly, thank you for your principled stand for the people
of Burma. And for folks following this hearing within Burma, I
would like to say [speaking foreign language.]
Mr. Chairman, as you recognize, Burma is now being
controlled by a ruthless brutal illegal military junta. You
have already heard about the killings and the arbitrary
detentions.
This includes peaceful protesters being shot at point blank
range. Just yesterday, a 7-year-old girl was shot and killed by
Burmese security forces after they forced their way into her
home in Mandalay.
Credible reports indicate the junta has also tortured and
killed numerous individuals while in custody. They have
systematically destroyed legal protections, from freedom of
expression, assembly, and association to the right to privacy.
They have given themselves the authority to invade people's
homes without warning, criminalized any criticisms of the
junta, even making it illegal to call the junta a junta,
enabled sweeping surveillance authorities, decimated the free
press, banned most trade unions, instituted nightly countrywide
internet outages, and banned gatherings of more than five
people.
As distressing as these developments are, Mr. Chairman, the
response of the people of Burma has been truly awe inspiring.
For nearly 2 months now, despite a brutal and relentless
crackdown by the junta, millions of people all over the country
have been engaging in peaceful and powerful protests, calling
for justice, democracy, and the end to the violence and an end
to the military.
Buddhist monks are marching with Muslim clerics, healthcare
workers, educators, bankers, construction workers, people from
all walks of life, from every ethnicity and every age group are
rising up in every corner of the country as diverse, yet
powerfully unified.
A general strike was called just after the coup. It was
heeded by millions, and now the nonviolent civil disobedience
movement, or CDM, is an effective, powerful and growing
movement, drawing its organic power from the unflinching
commitment of the people of Burma.
Not knowing how to fight these weapons of peace, the junta
has responded in much the same way it has for decades against
ethnic groups throughout the country, with brutality and
violence.
Mr. Chairman, the courageous and tenacious people of Burma
need our help. In the face of widespread and systematic
murders, tortures, and disappearances, there is a growing
pressure on the opposition leadership to defend the people of
Burma by taking up arms against the Burmese military.
I understand the pull to go down this path. But I believe
that such a path would lead to a disastrous outcome for the
people of Burma, with untold numbers of civilians caught in a
protracted bloody civil war.
I also believe that there is another, an alternative that
could be both effective and save countless numbers of lives.
But it will require a level of engagement, coordination,
and exertion of leverage that has yet to emerge, an alternative
that requires that the United States play an active leadership
role.
It includes the imposition of tough, focused, and
coordinated sanctions that are capable of impeding the flow of
funds to the junta and demonstrate that its criminal acts will
be met by meaningful retaliation.
I applaud the Administration's move announced today to
include the junta's major business conglomerates for sanctions.
This is a very important step forward, and I encourage the
Administration to also sanction the oil and gas sector that
provides the largest single source of revenue to the junta for
their criminal activity.
This can be done without interrupting the flow of oil and
gas to Burma and its neighbors through licensing measures by
the U.S. Treasury.
But what is critically important is that the Administration
work closely with our allies to coordinate international
sanctions so that, taken together, their collective weight will
deliver a powerful blow. This requires organization and
outreach.
What is also required, Mr. Chairman, is an imaginative,
tenacious, and coordinated diplomatic approach that joins those
who share common ground, be that based on common values or
common interests together.
To this end, I believe that an emergency summit on Burma
should be organized as soon as possible that includes the
representatives of the elected leadership of Burma, the
Association of Southeast Asian Nations, or ASEAN, and nations
who are willing to step up and support such an initiative,
particularly those in the region, and it should also include
China, who has a powerful interest in avoiding a conflagration
on its border.
To be successful, this will require organization and
leadership, a role that the United States is well positioned to
help them on.
Mr. Chairman, the people of Burma need to know that the
people of the United States and the world are with them not
only in word but in deed, that we are willing to establish
strong coordinated pressure and forward-leaning diplomatic
engagement in support of a peaceful civil disobedience
movement, and that this combined course of action--domestic
peaceful resistance with international pressure and diplomatic
momentum--will have a powerful chance for success than taking
up arms.
Finally, Mr. Chairman, it is my sincere hope that the
United States and the international community will rise to the
occasion of this historic moment, that we will follow the lead
and inspiration of the people of Burma, and that we will stand
with and for them in support of their courageous struggle for
justice, democracy, and their children's future.
They deserve no less. Thank you, Mr. Chairman.
[The prepared statement of Mr. Andrews follows:]
Prepared Statement of the Honorable Thomas H. Andrews \1\
Chairman Markey, Ranking Member Romney, distinguished members of
the Subcommittee, thank you for inviting me here today to discuss the
crisis in Burma. I am here to report on factors that led to the coup,
the current state of the crisis, and, most importantly, what actions
the international community, and specifically, the United States can
take to help return the country to a democratically-elected government.
As we sit here, the crisis in Burma is at an inflection point.
Peaceful opposition to the illegal coup has been widespread and
sustained since the February 1st takeover. Protesters have taken to the
streets by the millions and civil servant and private sector workers
have gone on strike. Their courage has not waivered despite the Burmese
military and police having murdered at least 275 civilians, arbitrarily
detained over 2,200, and tortured many.
Mr. Chairman, there are strong indications that the Burmese junta
is engaging in crimes against humanity. And I fear this horrific crisis
will get far worse in very short order without strong diplomatic
intervention from the United States and other members of the
international community. I believe that to date, actions by the
international community, including those of the United States, have
fallen short of what is required to head off this deepening crisis.
In the face of widespread and systematic murders, tortures, and
disappearances, there is a great deal of pressure on the opposition
leadership in Burma, including pressure to take up arms against the
Burmese military. I understand the pull to go down this path. But, I
believe that such a path would lead to a disastrous outcome for the
people of Burma with untold numbers of civilians caught in a
protracted, bloody civil war. The United States and its allies should
do everything in their collective power to avoid this outcome by
providing the peaceful opposition movement in Burma the opportunity to
succeed.
In my view, the actions needed now include the imposition of
strong, coordinated sanctions to impede the flow of funds to the junta
and to demonstrate that its criminal acts will be met by meaningful
retaliation. I also believe that the international community, with
leadership from the United States, must engage in a diplomatic
offensive, that would include the convening of an emergency summit with
representatives of the duly elected leadership of Burma, Burma's
neighbors and influential states in the region, including China.
A critical step will be a united effort among states to stop the
flow of revenue into the illegal junta's coffers. This can happen now.
Coordinated bilateral sanctions should be imposed on the junta's major
sources of revenue, including military owned and controlled enterprises
and the oil and gas sector. The military directly owns two major
conglomerates, Myanmar Economic Holding Limited (MEHL), and Myanmar
Economic Corporation (MEC). These conglomerates and their subsidiaries
provide untold millions in off budget revenue to the military.
Meanwhile, the oil and gas sector accounts for the single largest
source of revenue to the state, overseen by the Myanmar Oil and Gas
Enterprise (MOGE), which is now effectively controlled by a murderous
criminal enterprise.
While the Biden administration prevented the junta from taking $1
billion in Burmese state funds from the Federal Reserve Bank in New
York immediately after the coup, the U.S., EU, and other states have
since focused sanctions largely on individuals and some limited
companies that do not provide significant revenue to the military. MEC,
MEHL, and MOGE remain untouched by sanctions despite a chorus of calls
for sanctions on these entities by hundreds of civil society
organizations from Burma. The United States must sanction these
entities and their subsidiaries to meaningfully degrade the junta's
sources of revenue.
Mr. Chairman, in my view the time for incremental steps has long
passed. The U.S. should work to bring key allies together to establish
a coordinated sanctions regime so that sanctions add up to a powerful
whole that will have maximum impact on this murderous regime.
The people of Burma and opposition leaders must be able to
recognize that the international community is working towards a
diplomatic solution in support of the peaceful Civil Disobedience
Movement, and that this combined course of action--domestic peaceful
resistance and international diplomatic momentum--will have a greater
chance for success than taking up arms.
To this end I believe that an emergency summit on Burma that
includes the Committee Representing Pyidaungsu Hluttaw (CRPH), the body
that represents the duly elected leaders of Burma, and the Association
of Southeast Asian Nations (ASEAN) is critical. The United States
should work with ASEAN, in particularly Indonesia and Malaysia who have
been seeking a unified approach to the crisis, to hold this summit and
bring to the fore robust and creative diplomatic initiatives to both
support the Civil Disobedience Movement and also open a channel with
the junta to identify terms for it to relinquish power.
Again, unless there is a new, concerted approach taken on Burma in
the very near term, I fear we will see a dramatic escalation of
bloodshed.
Mr. Chairman, allow me to step back and address some of the other
points the Subcommittee has requested I speak to today, namely the
factors that led to the coup, how to navigate justice for the Rohingya,
and how to achieve the safe informed and voluntary repatriation for the
Rohingya.
This coup was precipitated by the very structure of the Burmese
state that the military constructed in its 2008 constitution. While the
military ceded certain governing responsibilities to an elected
government, it retained substantial power. Command and control of the
military and police was kept in the military chain of command with no
civilian oversight, the military gave itself one quarter of the seats
in the Burmese parliament which gave it veto power over any
constitutional reform measures, and it retained direct ownership over
the most lucrative business conglomerates in the country. The
constitution also contained provisions that allowed for the President
to cede total control of the country to the military in times of
national crisis. With this continued power, autonomy, and quick path to
control, the military was able to quickly re-exert its control over the
levers of power.
Against this backdrop, on November 8, 2020, national elections were
held throughout Burma. The National League for Democracy won an
outright majority, winning 396 out of 476 seats, with the military-
backed party, the Union Solidarity and Development Party, winning only
33. The USDP alleged massive fraud and the military demanded the Union
Election Commission (UEC) investigate allegations of voting
irregularities. The UEC responded that there was no evidence to support
the claim and resolved to certify the election. With the UEC having
certified the election results, the new parliament was prepared to
convene on February 1st. But, in the pre-dawn hours of February 1st,
before parliament met, Burma's military conducted an unlawful coup
d'etat, seizing all levers of power in the country, consolidating
control over the legislative, judicial and executive branches of
government and arresting dozens of the government's civilian
leadership, including State Counselor Aung San Suu Kyi, and President U
Win Myint.
Mr. Chairman, even if election irregularities did exist, there was,
and is, no justification for declaring a state of emergency, arresting
the civilian leadership, and attempting to destroy Burma's fledgling
democracy. It is notable that the military junta even failed to follow
its own rules for taking control of the country as specified in the
2008 constitution that the military itself drafted. This coup is truly
illegal in every sense of the word.
Whatever its thinking was in advance of the coup, it is clear that
the junta badly misjudged the response from the people of Burma. For
nearly 2 months now, despite draconian bans on gatherings, and knowing
the history of the military's violent suppression of their right to
expression, assembly, and association, millions of people all over the
country have taken to the streets calling for a restoration of
democracy. A general strike was called for days after the coup and has
been successful in grinding the economy to a near halt. Not knowing how
to fight these weapons of peace, the junta has responded in much the
same way it has for decades against ethnic groups throughout the
country, including the Rohingya, with brutality and violence.
On the question of how to seek justice for the Rohingya, and I
would broaden that to all of the people of Burma who have come under
attack by the military. One option is for the U.N. Security Council to
refer the situation in Myanmar to the International Criminal Court so
that these crimes can be investigate and those who are responsible
prosecuted. That outcome is at this time unlikely given that Russia and
China would probably veto such a proposal. In lieu of that, I have
encouraged nations around the world with universal jurisdiction
provisions of law to bring crimes against humanity and genocide cases
against the Burmese military leadership in their own courts. We have
seen this tack employed in many European countries in the Syrian
context. I believe it can be an effective route. Moreover, the Gambia
has brought a genocide suit against the Government of Myanmar at the
International Court of Justice for its atrocity crimes against the
Rohingya. The United States could consider signing on to this case.
And finally, with respect to the nearly one million Rohingya
currently languishing in refugee camps in Bangladesh and in internally
displaced persons camps inside Burma, the junta claimed that they will
continue repatriation efforts of the Rohingya from Bangladesh and that
they will pursue the return of Rohingya IDPs in central Rakhine State
in an ``instant manner.'' This is deeply disturbing as this is the very
same leadership that oversaw the slaughter and displacement of the
Rohingya.
In reality, Rohingya civilians displaced by mass atrocity crimes in
2012, 2016, and 2017 appear no closer to returning home to rebuild
their lives. The same would apply to Arakanese (Rakhine) and Chin
civilians displaced by armed conflict in recent years in Rakhine State.
Moreover, a quick repatriation of Rohingya to Rakhine State under
current conditions would conflict with the principles of a safe,
dignified, voluntary, and sustainable return. But the Rohingya need our
support. Just this week, massive fires at camps in Cox's Bazaar,
Bangladesh resulted in the destruction of over 10,000 shelters,
confirmed deaths of 15, with over 400 missing and 500 injured.
Mr. Chairman, the people of Burma are rising up from all walks of
life, every ethnic and religious background, and from every corner of
the nation as a diverse yet powerfully unified whole. They are doing so
to demand democracy, human rights, an immediate end to the violence and
an end to an illegitimate junta. The nonviolent civil disobedience
movement, or CDM, is drawing its growing, organic power from the
unrelenting commitment of the Myanmar people. But, they need our help
and they need it now.
Mr. Chairman, it is my sincere hope that the United States and the
international community will rise to the occasion of this historic
moment, that we will follow the lead and inspiration of the people of
Myanmar and that we will join together in support of their courageous
struggle for justice, democracy and their children's future. They
deserve no less.
Thank you.
----------------
Note
\1\ Nothing in these remarks should be understood to be a waiver,
express or implied, of the privileges and immunities of the United
Nations, its officials or experts on mission, pursuant to the 1946
Convention on the Privileges and Immunities of the United Nations
Senator Markey. Thank you, Congressman Andrews and thanks
for all your great work.
Next, we are going to hear from Ambassador Kelley Currie,
who served as U.S. Ambassador-at-Large for Global Women's
Issues and the U.S. Representative at the United Nations
Commission for the Status of Women.
Welcome, Ambassador.
STATEMENT OF HON. KELLEY CURRIE, FORMER U.S. AMBASSADOR-AT-
LARGE FOR GLOBAL WOMEN'S ISSUES
Ambassador Currie. Thank you, Chairman Markey and Ranking
Member Romney, and the rest of the subcommittee for giving me
this opportunity to appear before the committee today on this
timely and important topic.
With your permission, I would like to enter my full remarks
into the record and to note that I am testifying in my personal
capacity today.
The past few months have been a heartbreaking and
exhilarating time for the Burmese people at the same time. As
other speakers have noted, this coup laid bare the dark heart
of the Tatmadaw and showed us that after seven decades of
dominating Burmese politics, the economy, and society, they
have not given up power or the will to it, and that what they
called their plan for a disciplined flourishing democracy,
which those of us who live in a democracy know is a great
oxymoron, it really was more about the discipline and less
about the democracy.
The Burmese people have made it very clear they are not
going to go back, however, to military rule and they have, as
everyone noted, effectively organized themselves to resist
through a combination of street protests and this amazing civil
disobedience CDM movement.
If I had one word that I would use to describe this
movement in all of its facets it would be inclusive, which is
both ahistorical for Burma, as Ambassador Keshap noted, and
essentially the diametric opposite of how the Tatmadaw thinks
and operates.
The young people, civil servants, factory workers who have
been at the forefront of both the street protests and the CDM
movement, and they cut across class, geographic, ethnic,
religious, and generational lines in a way that is totally
unprecedented for Burma.
The ethnic nationalities and women who have also played
critical roles as organizers and frontline leaders is also very
different from what we have seen in the past. This has fomented
an increased awareness among the Bamar nationally, the majority
that is primarily in the cities, and raised for them an
awareness and empathy for the situation of ethnic minorities
and other disadvantaged groups in Burmese society who have
fared even worse than they have under military rule.
And this has been one of the most important and, I think,
under commented on facets of this resistance movement, and it
has opened up some critical dialogues within Burmese society
about the nature of the state and the nature of the nation and
how--and the things that had previously been dismissed as
untimely or indelicate to talk about.
So this has also been linked up with this technology
explosion in Burma that has allowed these young people to
connect not only with each other but with regional partners and
become part of what is called the Milk Tea Alliance with Hong
Kong and other activists who are similarly fighting against
authoritarianism.
So it has been a really remarkable time. But as we know,
the Tatmadaw has sharp teeth and they are baring them now. As
their hold on the country has weakened, they have escalated the
violence.
Martial law is spreading across the major urban areas.
Others have talked about the brutality and mentioned the 7-
year-old girl who was shot while she was being held by her
father.
I would also call attention to the death in detention of
two Muslim NLD local officials who, apparently, were tortured
to death and some of the--with some of the most medieval and
horrific things we have--you know, I have ever seen in 25 years
of working on human rights.
So some--but what has been also interesting is the response
from the NLD. With most of the senior leadership in prison, the
younger members have coalesced and worked together across these
multi-ethnic and multi-dimensional assets--facets of this
movement to form a united front, and that is also new.
I want to quickly highlight before I run out of time the
three things that I think the international community should be
focusing on in their response, and there is more about this in
my written testimony.
The first is around recognition and legitimacy. Deny the
junta legitimacy and recognize the legitimacy of the democratic
and independent movement that is taking place among the people.
Second, cut off the money supply for the junta, as we have
discussed in other--with other witnesses, and the oil and gas
is critical to that.
And then third, we need to move the Security Council
resolution. That is critical to be able to get an arms embargo
in place and that is--when you talk about things that the junta
is not expecting to happen, that is at the top of the list.
They believe China will continue to block it.
But, really, we are just holding ourselves back from even
pursuing it due to the fear of a veto threat. We should stop
that right now and get working with the U.K. and others on
changing that dynamic.
With that, I am happy to take your questions and get into
some of the more--get into some details on how we can move
forward together with the Burmese people and align ourselves
with them instead of their oppressors.
Thank you.
[The prepared statement of Ambassador Currie follows:]
Prepared Statement of Ambassador Kelley E. Currie
Thank you Chairman Markey, Ranking Member Romney, and the rest of
the subcommittee for giving me the opportunity to appear before the
committee today on this timely and important topic. The past 2 months
have been both a heart-breaking and an exhilarating time for the
Burmese people. The February 1 coup once again laid bare the dark heart
of the Myanmar armed forces--the Tatmadaw--who have dominated the
country for the past seven decades and was a devastating setback to the
Burmese people's aspirations to continue their halting and hard-won
progress. After 10 years of expanding freedom and openness, the Burmese
people are strongly resisting a return to military rule. Hundreds have
died and thousands have been arrested due to Min Aung Hlaing's vanity
and arrogance. The Burmese people's awe-inspiring bravery and defiance
in the face of brutal and sustained violence has earned them regional
and global admiration and support.
same same but different
Since February 1, there has been a strong tendency among both
Burmese commentators and long-time Burma watchers to debate how this
latest chapter in Burma's struggle for democracy compares to previous
ones. While understandable, such debates have often obscured more than
they revealed. The 2021 Spring Revolution movement has been
characterized by optimism, creativity, public-spiritedness, and
inclusion. From self-organized neighborhood watch groups to bank
employees refusing to show up at work to protestors dressed in ball
gowns, the people are actively resisting and effectively using social
pressure to undermine the regime's authority. Their fluency with
information technology and social media savvy has allowed them to stay
one step ahead of the junta's Internet outages and censorship efforts.
It has also allowed them to connect with and learn from their fellow
democracy activists across the region, adding to the burgeoning ``Milk
Tea Alliance.''
The combination of persistent, nationwide street protests and the
stay-at-home/non-participation of the Civil Disobedience Movement have
tested the junta's ability to retain control of the country. Young
people, civil servants, and factory workers have been at the forefront
of both street protests and Civil Disobedience Movement (CDM), and the
opposition to the military coup has cut across class, geographic,
ethnic, religious, and generational lines in unprecedented ways.
Protest and CDM organizational structures are flat, flexible, and
decentralized. Ethnic nationalities and women have played critical
roles as organizers and frontline leaders. This diversity of leadership
not only has led to clever protest memes such as the use of women's
dirty longyis to taunt superstitious soldiers, but it has also opened
up dialogues about critical nation-building and societal issues that
have long been suppressed as untimely or indelicate. This increased
awareness of and empathy for the situation of ethnic people among the
largely Burman urban protestors has been one of the most remarkable and
important features of this resistance movement.
After initially showing some restraint as protests grew, the
Tatmadaw has responded to the people's aspirations for freedom,
democracy, and human rights with its usual formula of terror, murder,
and repression. They have attempted to instill fear across the
population through mass arrests, enforced disappearances, and both
random and targeted killings. At least 23 of the more than 250 victims
have been under the age of 18, including a 7-year-old girl who was shot
in her Mandalay home as she sat in her father's lap. Others were
specifically targeted to send a message, including the grisly murders
of two NLD local officials. Thousands more have been detained, mostly
incommunicado, and subjected to severe abuse and torture. These actions
are taking place in an increasingly restricted information environment,
as the junta has extended the daily Internet and mobile wi-fi
shutdowns. Media organizations are being systematically targeted, with
individual journalists arrested and licenses revoked. This leaves the
junta free to use its state-controlled media to broadcast lies and
misinformation designed to demoralize and divide the population.
In the meantime, martial law is spreading across the country's
major urban areas and the economy--already weakened by COVID--is
circling the drain. Development gains of the past decade have
disappeared overnight, as the World Food Program reports spikes in
childhood malnutrition and food insecurity. Conflict areas have seen
some of the worst effects, as humanitarian access was one of the first
casualties of the coup. While the junta insists Burma is open for
business as usual, there are very few takers and even Japanese
businesses--traditionally the last Western investors standing, are
packing it in.
discipline flourishing autocracy
The Tatmadaw's ostensible justification for this coup was the abuse
of democratic processes by the National League for Democracy (NLD). The
NLD's November 2020 landslide election victory appears to have
convinced Min Aung Hlaing that Burma had taken a wrong turn on the road
to what the Tatmadaw likes to call ``discipline-flourishing
democracy.'' Detained NLD leaders Daw Aung San Suu Kyi and U Win Myint
face a growing list of charges, ranging from the spurious to the
existential. The prosecutions have been almost comically irregular at
times, but the ultimate intent is quite serious: disqualifying the NLD
from participation in any future electoral exercise. The junta has
claimed that they intend to hold elections within a year, but they have
also talked about the need to adjust the current political structure so
it cannot be dominated by a single party--at least not one the military
doesn't control.
With the party's top leadership detained, elected parliamentarians
quickly formed the Committee Representing the Pyidaungsu Hluttaw (CRPH)
as a kind of government-in-waiting until something sturdier can be
constructed. Reflecting the ethos of the broader movement, the CRPH has
been working hard to engage diverse stakeholders and build much-needed
trust at all levels across all Burma's old fault lines. After some
initial stumbles, the CRPH has established coordinating mechanisms for
inclusive engagement with ethnic nationalities, civil society,
professional associations, and other key actors. The beginnings of a
shared program of action are taking shape, including support for
scrapping and replacing the 2008 constitutional order with a genuine
federal democratic union, extensive security sector reform, and
meaningful accountability for the Tatmadaw's past abuses. Even some of
the most country's sensitive issues--including the need to confront the
atrocities against and redress the identity of the Rohingya people--
have seen remarkable progress over these 50 days. The CRPH has also
been working to secure international recognition and deny the junta
legitimacy, including by seeking defections of Burmese diplomats
overseas and engagements with a range of diplomatic partners. Again,
these efforts have not been perfect, but they are clearly more than
what the coup plotters expected, and the junta have scrambled to
respond to these asymmetric challenges with their usual toolkit of
repression, divide-and-rule politics, and badly done propaganda.
circuit breakers needed
Under the current dynamic, the people and the junta are pushing
further apart every day, with the junta's shocking brutality and
cynical political maneuvers up against the Burmese people's non-
cooperation and fierce demands for democratic self-governance. As Burma
becomes increasingly ungovernable, coup leaders are likely to become
more desperate and violent. To date, the violence has primarily served
to solidify opposition to it, but the current level of violence is
still relatively low by historical Tatmadaw standards. Nonetheless,
there are already signs that escalating violence is pushing the non-
violent movement beyond its current peaceful self-defense efforts.
Given the deep fault-lines in Burmese society, the movement's current
level of unified effort is likely to be severely tested. A Syria-like
scenario is not far-fetched given Burma's history of internal conflict
and the presence of so many well-armed militias that operate under
varying levels of state control. The military's core identity is built
around holding Myanmar together, and they have a well-documented track
record of attempting to do this by brute force. This is a formula for
disaster.
Unfortunately, the international community's response to this
generational opportunity to break with Burma's entrenched cycle of
dysfunction has been underwhelming. This rapidly deteriorating
situation will not benefit from more statements of deep concern and
pin-prick sanctions. The Burmese people are doing the bulk of the work
and taking huge risks as a result, making the weak-kneed international
response look even more feckless. Urgent and decisive action is needed
to circuit break the current trajectory and give the Burmese people a
chance at a real democratic transition and genuine nation-building.
The Biden administration in particular has an opportunity to lead
and, in doing so, retake the initiative in the ideational battle that
was on display this past weekend in Anchorage. The United States should
focus the international response around three key pillars:
Recognition and Legitimacy. The junta craves legitimacy; the United
States and its allies must do everything they can to deny it what it
craves. There are a variety of ways to do this that are relatively low
cost for us but potentially game-changing on the ground:
Speak clearly about the illegitimacy of the coup: The U.S.
led in calling the coup by its right name, and other countries
have taken steps in this direction. More can and should be done
to delegitimize the coup and its supporters through both
regular diplomatic and public diplomacy channels, including by
maintaining pressure on regional and multi-lateral
organizations to either disinvite junta personnel or give CRPH
representatives equal billing.
PNG military attaches at Burmese embassies: They report
directly back to the junta and are the instruments of coercion
within embassies. There is no justification for allowing them
to stay and their visas should have been revoked on February 1.
Protect and empower democratic diplomats: Countries should
also work with the Burmese embassy staff who espouse loyalty to
the CRPH to recognized as legitimate and protect them and their
family members in Burma from reprisals. The U.S. recently took
a step in this direction by extending Temporary Protective
Status for Burmese visa holders.
Reconstruct assistance pathways: Donors should work both
bilaterally and through U.N. agencies and international
financial institutions (IFIs), to restore parallel mechanisms
for assistance including by working with CRPH, civil society,
existing ethnic nationalities systems, and through cross-border
aid. Prior to 2010, these practices were the norm in Burma, and
donors have recognized the need for such heterodoxy in other
countries in crisis.
Finally, governments and international organizations should work
towards formal recognition of the CRPH and/or its successor government
of national unity, as Myanmar's interim state authority. Part of this
will be working with them to address accountability around the August
2017 atrocities against the Rohingya and outline a more serious
response to the root causes of those horrific events. This will not be
easy, but it must be part of the bargain.
Cut off the junta's money supply. The limited impact of sanctions
to date should be no surprise considering the current pin-prick
approach. The coup leaders cannot effectively control either the
country or manage their critical internal patronage networks without
revenue, and the U.S. and others need to be more strategic in
leveraging the junta's need for hard currency.
Sanction key revenue streams: Instead of continuing to
slowly drip out sanctions go after the main sources of revenue
such as the large military holding companies and key state
sectors, especially in the extractive industries. This means
figuring out a way to cut off the flow of hard currency via the
Myanmar Oil and Gas Enterprise (MOGE) without simultaneously
cutting of the supply of refined energy back into the country.
Specifically, the American and European partners to oil and gas
joint ventures with MOGE should invoke a 3-month force majeure
suspension of payments, and work with their governments'
financial authorities to establish an escrow mechanism to
facilitate continued contractual payments. This would force the
junta to take them to arbitration or refuse to take delivery of
refined fuel.
Friends without benefits: In addition to military leaders,
individual sanctions also should target key civilian cronies
enabling or benefitting from the coup. Top of the list should
be the head of Kanbawza (KBZ) Bank, Aung Ko Win, who is Min
Aung Hlaing's golfing buddy and the financier of choice for his
children's business enterprises.
Look beyond sanctions: International partners should also
use and aggressive enforcement of laws on money laundering and
the illegal trade in extractive products such as timber, and
gemstones. These revenue streams are dirty in every sense of
the word; they not only are environmentally devastating and
drivers of criminal activity, but they primarily enrich the
elite while providing little meaningful benefit to the Burmese
people. The U.S., the U.K., and E.U. should work with and, if
necessary, put pressure on financial institutions in Singapore
and Hong Kong to examine their accounts for junta and other
illicit activities.
Move a Security Council resolution. The failure to do anything
beyond issue ineffective statements is daily undermining the
international community's credibility and increasing the likelihood of
broader violence. Nowhere is this more obvious than the ineffective
approach of the U.N. Security Council. The UK and the United States
wasted their respective February and March Council presidencies
negotiating feckless statements that the junta promptly ignored. Their
desire to have the Council continue to ``speak with one voice'' has
been a serious strategic mistake. Since August 2017, this approach has
given China and Russia an unwarranted upper hand in Council
negotiations on Burma, and they have used it to cow like-minded
countries toward inaction.
The like-mindeds should stop letting a veto threat keep them from
acting. An open vote on a resolution forces China and Russia into a
choice both have been strenuously avoiding, to either stand with the
Burmese people or protect the junta. Unlike Russia, whose primary
interests in Burma revolve around selling weapons and thriving on
chaos, China has significant economic and strategic interests on the
ground. Beijing worked hard to cultivate the NLD's blessings for its
massive China-Myanmar Economic Corridor infrastructure plans, and
effectively leveraged Aung San Suu Kyi's approval to manage what would
otherwise be deeply unpopular projects. Since the coup, China's tone
deaf and self-interested response to the violence and predation of the
junta has enflamed Burmese public anger. The Tatmadaw--which anyway has
no love for the Chinese--will remain largely transactional in its
approach to Beijing and historically has proven very adept at playing
off its big neighbor.
Much as China dislikes the prospect of Security Council action in
response to the coup, they are rapidly approaching a tipping point
where their attempts at neutrality and non-interference are
increasingly unsustainable. With India and Vietnam currently serving on
the Security Council, there are opportunities to use skillful diplomacy
to leverage other regional dynamics that could box China in further.
Russia is unlikely to veto on their own and will be especially
reluctant if its other regional partners are inclined towards action.
With so many competing strategic imperatives in play, a Chinese veto
should not be assumed.
core principles
Such a robust approach must be underpinned with a recommitment to
placing key principles of human rights and democracy at the center of
U.S. policy on Burma. Today, Burma is ground zero in the ideational
battle that the United States and other democracies are facing around
the world. Every day, Burmese people are risking their lives to fight
for a different future for their country. They have embraced a
democratic, rights-respecting, sovereign, inclusive, self-governing
future. They are at an inflection point where self-reflection and
shared sacrifice are leading to progress on addressing those issues
that have held Burma back, especially with regard to the integration of
the Rohingya into the broader nation-building project that is quietly
underway.
These same issues have also challenged the United States and others
to develop a comprehensive policy approach rooted in human rights and
democratic values. In contrast to the promise of this moment, sticking
with a conservative policy approach of hedging our bets dooms us to
accept a failed or at least flailing Burma as an acceptable outcome.
Finding a way to both support democratic aspirations and heal this deep
wound would be transformational for everyone involved, and such
opportunities typically are rare and fleeting. We should be exploring
every possible means to support this process, not just because it is a
reflection of our own nation's core values but because a different kind
of Burma will be a better partner in every possible way, especially
when the alternatives are a return to military rule or worse, a failing
state.
The Biden administration has an historic opportunity to contribute
to this potential path-breaking moment in Burma. The Burmese people
have shown they are willing to do the work and make incredible
sacrifices to change their fate. We should not be constrained by the
soft bigotry of low expectations that arise from Burma's bloody
history. We should instead be doing all that we can to support the
aspirations of the Burmese people to write their own future. This is
especially true when the relative near-term costs to us are so low and
the potential downstream benefits are so great. Caution and
deliberateness in foreign policy are generally good qualities. But
excessive caution has real opportunity costs that are often
underweighted when decisions are considered--leading us to calibrate
past the point when doing something could help. When this happens, it
only ever benefits the bad actors and makes the next set of decisions
more costly with worse options.
Today, we have that rarest of circumstances where the core values
of the United States and other democracies are aligned with both our
interests and the aspirations of the Burmese people. This is one of
those moments where the risks of taking action are far lower than the
costs. Even if the prescribed actions do not immediately result in the
removal of the junta, we will have put ourselves on the side of the
people instead of their oppressors. And that alone should be enough of
a reason to do the things we can.
Senator Markey. Thank you, Ambassador Currie. Let me begin
by asking each of you about a sector that you both mentioned,
oil and gas.
Unfortunately, across the country we can see very
frequently that the leaders of Burma, become very dependent
upon these oil and gas revenues in some cozy relationship with
those industries.
Let me go to you first, Tom. What is your recommendation
for what we would call for in terms of a cut off of those oil
and gas revenues to the leaders of Burma?
Mr. Andrews. Thank you, Chairman Markey.
You are exactly right. This is the single largest source of
revenue flowing into the hands of these criminals. So I think
it is critical that we cut it off.
Now, I want to point out that over 440 organizations, civil
society organizations throughout Burma, have called for this to
happen. They say that it is vitally important for the revenue
being flowed into the junta's hands from oil and gas,
particularly, the Myanmar Oil and Gas Enterprise, to be cut.
Ambassador Keshap said he was concerned about the impact on
the people of Burma and, of course, we are all concerned about
whatever steps we take and our impact on the people. The people
of Burma want this, and the United States can apply these
sanctions in such a way, using the Treasury Department's
licensing power, to make sure that the gas continues to flow
but that the revenue stream from these--from oil and gas to the
junta stops.
That is what we want, that can happen, and, more
importantly, that is what the people of Myanmar are demanding,
including the elected leaders of Myanmar.
Senator Markey. Thank you.
Let me come back over to you, Ambassador Currie. Can you
follow up on what Tom Andrews just mentioned in terms of
protecting against a humanitarian consequence as a result of
cutting off oil and gas revenue?
Ambassador Currie. Well, a humanitarian disaster is already
unfolding in Burma because the people of the country are
intentionally shutting down the economy themselves in order to
punish the junta and cut off its internal streams of revenue
and to resist it, and to make the country essentially
ungovernable.
That is their whole strategy at the moment. So I think we
should--you know, while we always want to avoid unintended
consequences and do things that we can to try to maintain
humanitarian pipelines, I believe that there are ways, as Tom
has said, to do that in this situation.
First of all, using the licensing capabilities that
Treasury has and working with--there are only a few companies
that are part of a joint venture with the Myanmar Oil and Gas
Enterprise that is based in Thailand, that is--that provides
most of the revenue, and there are things that we can do.
The companies themselves are at risk of breach of contract
unless they are forced to do something different. So the
sanctions actually provide force majeure for them to suspend
the normal payments--normal payment stream and put it into an
escrow account so that they continue to make contractually-
obligated payments while the--and that keeps the joint venture
going.
The other thing that can be done is working with our
partners in Thailand who are the other joint venture on this to
make sure that the oil and gas continues to flow.
Then it would be up to the junta if they decide to refuse
taking custody of the--of the oil and gas shipments, that is on
them and there is nothing we can really do about that.
But there are ways to do this, and then we also have to
think about cross-border assistance and renewing old habits
that we used to have with Burma where we went around the
government to provide assistance to the people in the past
before 2010.
Senator Markey. Thank you, Ambassador.
Let me just follow up on that. The architect of the
genocide against the Rohingya now is in charge of the country,
and there are still 600,000 Rohingya inside of Burma.
Let me come back to you again, Tom Andrews, and ask you
what should we be doing to ensure that there is a coalition of
countries that is working to protect those 600,000 who still
remain inside of Burma?
Mr. Andrews. Thank you, Chairman Markey.
You are exactly right. They are very vulnerable. We know
just over the last year 33 Rohingya have been killed, just this
past year. This is since the atrocity crimes committed in 2017.
So you are exactly right. I think what needs to happen is a
very tough clear sanctions policy, but more importantly, on top
of that a coordinated focused diplomatic initiative and
emergency summit that includes precisely that issue, but then
all the issues. Put them on the table and have those with an
interest in moving forward move together.
Senator Markey. Okay, thank you.
Let me recognize Senator Romney.
Senator Romney. Mr. Chairman, and I would note that I have
voted. So if you need to run and vote--I am in my hideaway so I
was able to vote quickly. If you need to run and vote, feel
free to do so. But I will be here asking some questions and
turn to other members if they are here.
Senator Markey. Okay. Please continue. No, I have done the
same sprint that you have. So I am all set, too. Thank you.
Senator Romney. Okay. Good. Just a couple of things, which
is to both of you, Ambassador and Congressman Andrews.
How is the sanction system you are describing different
than what we have done in the past when this military was
running the country and we were protesting the genocide against
the Rohingya?
How is what you are describing different than what we have
done before, which did not yield a change in result? And I note
that because we put in place crippling sanctions, for instance,
on Venezuela, as we discussed with the last panel, and yet,
Maduro is still there.
And, you know, we put crippling sanctions on Iran and yet
the leadership is still there. And so, first, how is this
different than the past, and number two, do you think we can
carry out a change of behavior without getting China to also
participate?
Ambassador Currie. If I can go ahead and take that first. I
think that, first of all, actually, the sanctions before did
have an effect because there is a lot of literature that says
that the changes that took place in 2008 and 2010 were as a
result of the isolation that the junta felt and that they had
become overly dependent, in their own view, on China, were not
comfortable with that.
There is no love lost between the Tatmadaw and Beijing at
all. Quite frankly, they are actually not really very good
friends. It is very transactional and about mutual--and about,
you know, about transactions and benefits but not about any
sense of brotherhood or friendship.
So they wanted to be able to have more engagement with the
West and that is why they did a lot of the things they did
between 2008 and 2012 which led to the lifting of sanctions,
which they stated very explicitly was something that they
wanted and needed to happen. They wanted Western engagement.
So I think that they do feel it. They can go for a long
time, though. They did show that. What we are doing differently
this time is that it is more targeted, as Atul Keshap
mentioned, and we have a lot more information about how the
economy works and show we can actually go after specific nodes
within the economy that harmed the junta more than they harmed
the people.
I think also here we have a very clear demonstration from
the Burmese people that they want these sanctions. It is very
plain. And so I think that you are right, we do need China to
cooperate.
China is in a very difficult position right now because
they have a lot of assets on the ground that they are defending
through the Belt and Road and the China-Myanmar Economic
Compact that they have negotiated, and they have strategic
interests in Burma that they need to protect.
And they had benefited from the past arrangement of the
past 10 years as well, and so they are not entirely happy about
what is going on and all the instability, but not enough to get
off the fence right now and get out of their usual
noninterference mode.
Senator Romney. Thank you.
Tom?
Mr. Andrews. Yes, Senator. Let me just say I think that
about Ambassador Currie is exactly right. Sanctions can work,
focused targeted sanctions. That is what we are calling for.
That is what the people of Myanmar are calling for.
But you are right, sanctions alone is not going to work. We
have to combine sanctions with a very public, very visible
diplomatic effort. Indonesia and Malaysia have both called for
an emergency summit on Myanmar.
China has expressed its concern about what is going on.
They say this is exactly not what we want. They say that they
want to see the release of political prisoners in Myanmar. They
have a great deal of interest in seeing a resolution to the
crisis in Myanmar.
So I think there are many players, many countries in the
region and beyond the region that have a stake in this or care
deeply about the principles and values that are at stake here
who would want to cooperate and come together.
But it is going to require organization and coordination.
We have a hodgepodge of sanctions, a hodgepodge of arms
embargoes. They have to work as a coordinated powerful whole,
and they are not.
So I would strongly urge that the United States organize
this coordinated effort along with our allies in the region so
that we can see the kind of results that I think are possible.
Senator Romney. Thank you so much. I am just going to ask
one more question, and that is, I think, to Ambassador Currie
and that is you made the point that we worry about a Security
Council vote because China might veto it.
And I am interested in, perhaps, you elaborating on why
that should worry us. I can think of some reasons why we might
not want that. We may want, for instance, China to participate
in this kind of gathering of a global effort and if we
embarrass them somehow at the U.N., why, they may not want to
be part of that.
But I am interested in your thoughts. Because that is one
side. The other side might be that we want them to be
embarrassed.
You know, we will let them stand up and veto a resolution
of the Security Council so that we can communicate throughout
the region that China is complicit with the outrageous abuses
which the entire region is watching in Burma.
But so, Ambassador--and Tom, certainly, interested in your
thought as well--but why not proceed with a Security Council
resolution and see how China responds?
Ambassador Currie. Thank you, Senator, for the question.
I actually believe we should have done one immediately and
we should have instead of messing around with statements that
the junta, clearly, disregarded and actually escalated violence
immediately after two Security Council statements.
I think that the UK, which is the traditional Penholder,
should have moved forward immediately. But there is this
fiction within the Security Council that we all need to speak
with one voice on Burma, you know, all the P-5 especially.
What this has allowed China and Russia to do is hold the
Council hostage on Burma. They did it in 2017 after the
genocide of the Rohingya and they have been doing it ever
since. And the problem is that when this goes on like this,
China does not pay any meaningful costs for refusing to do the
right thing here.
Our options are constrained but China is outcome neutral on
what kind of government there is in Burma. They will deal with
anybody. They do not care if they commit genocide. They are
committing genocide themselves, so why would they care if the
junta is?
So there is--but as long as they do not have to make a
choice and do not have to take a stand, they are getting away
with doing this scot-free.
As long as they can keep everything in the backroom,
negotiate statements, and not have to publicly stand up and
say, yeah, we are going to stand with these guys, these
genocidal coup plotters--that is our team--as long as they do
not have to do that they are getting away with this and the
costs are relatively nothing for them.
But they do have strategic interests. The people on the
ground are getting angrier and angrier at China. There has been
violence against Chinese factories.
Debatable about who instigated it, but the Chinese do not
want to be in a position where everybody, especially the
younger generation of the Burmese people, hate their guts,
which is currently the direction that they are headed in.
Senator Romney. Thank you.
Congressman?
Mr. Andrews. Yes, Senator, there is no question that the
Security Council should act, and the benefits of that are many
but it includes the coordination that I am talking about could
be done in this Security Council and accountability measures
could also be established through the Security Council. So that
is definitely what we should be moving toward.
But in the meantime, as we do this, we can also work
together with those countries who are willing to put forward
sanctions and accountability mechanisms. We have an opportunity
to move them together and in a coordinated fashion to move an
emergency summit forward.
So I say let us do both. Let us move forward with the
Security Council but let us also work together with our ASEAN
friends and other nations of the world to coordinate sanctions
and accountability measures that are available right now.
Senator Romney. Thank you very much. Appreciate the
testimony that both of you provided.
Mr. Chairman, I yield to you.
Senator Markey. Okay, thank you so much. And I now turn to
recognize Senator Merkley from Oregon.
Senator Merkley. Greetings, everyone, and I am sorry that
other conflicts prevented me from being here at the beginning.
As you know, I have a deep interest in what happens in
Burma. After the genocidal activity against the Rohingya, I led
a delegation. Senator Durbin came with me, a number of House
members came to follow up on Aung San Suu Kyi's statement that
she had nothing to hide, the country had nothing to hide, and
of course, they had a lot to hide.
And just the day before we left, they canceled our ability
to visit the affected villages. We still did see quite a lot,
though, and all of it was disturbing, including going to
refugee camps in Bangladesh.
So the questions I am about to ask may have been already
answered, and my apologies. You can give brief answers and I
will follow up with my team to get more information.
But I was delighted to see the Biden administration expand
sanctions to include the military-owned enterprises,
specifically the Myanmar Economic Corporation and the Myanmar
Economic Holdings Limited, today.
And but another piece of the puzzle is the Myanmar Oil and
Gas Enterprise, and while I realize that our witnesses in the
second panel are not representing the Administration, I want to
get their opinion on whether the Biden administration should
ensure that companies like Chevron do not make payments of
royalties and other revenues to the Myanmar Oil and Gas
Enterprise and instead make those payments into protected
accounts until there is a democratically-elected government
restored.
Mr. Andrews. Well, Senator Merkley, let me just say, first
of all, it is wonderful to see you and I want to recognize and
thank you for your strong, strong leadership for human rights
and justice in Burma.
And I would answer your question an emphatic yes. We have
discussed it. Chairman--the chairman has brought this up
already and we have talked about it extensively.
I think that it can be done, that it should be done, and it
can be done in such a way that it does not impact the people of
Myanmar, and that is through the Treasury Department
Senator Markey and others have expressed their concern and
questions about this very subject.
Senator Merkley. Great. Thank you very much.
And, Ms. Currie, is there anything you would like to add to
that?
Ambassador Currie. Chair, it is wonderful to be in front of
you today and not facing confirmation, I will say that.
[Laughter.]
Ambassador Currie. And so I am happy to be able to say an
unreserved yes, we should be moving forward expeditiously with
sanctions on MOGE and moving forward with them, the companies
that are involved in the joint venture, to ensure that the
payments not just through sanctions, but also we should be
using money laundering and other laws of general application
that can be used to target not just oil and gas but other
extractive industry revenue streams that are coming in and out
of the country.
And those can be--we can do those right away with
Singaporean banks and with others where the external dollar
accounts are being held by the junta.
Senator Merkley. You know, I am thinking back to that time
when the genocidal activities occurred against the Rohingya
and, of course, it was part of a series of activities and there
were also other actions against other ethnic groups.
So I do not want to ignore those. But the massive action
against the Rohingya and just cultivation of hate against them
for so many years, and going back to the mid-sixties with the
first military coup, they became the target and were steadily
deprived of documentation to be legitimate members of society
and then squeezed into quarters.
To visit the Sittwe Muslim Quarter is to have chills go
down your spine. The Muslim community is not allowed to leave
the boundaries of a certain set of square blocks. It has echoes
of German enterprises in the thirties and forties against the
Jews, and the people cannot even leave that to go to the nearby
hospital.
They have to get permission to go outside of Sittwe to a
rural clinic to get a reference to come back to the city and
get to a hospital. Getting teachers in and out was very hard,
and they were only surviving because of the repatriated funds
from the Diaspora, the Rohingya Diaspora, primarily from Canada
because of our own restrictions on funds going to Muslim
organizations.
But when I think about that, I thought the moment that we
failed to take a strong, strong stand, we did so little during
the Trump years. We did not declare it a genocide and we did
not immediately lead the world in action and response.
It was here in the Senate difficult because the majority
leader at that moment, our now minority leader, felt that he
wanted to defend Aung San Suu Kyi from criticisms. So the
Senate did not act. The Executive did not act.
I still think we do not--I do not think we yet got from our
State Department of the new Administration a genocide
declaration, and do you all feel that that is merited and
should come forthwith?
Mr. Andrews. Well----
Ambassador Currie. I can--yeah, go ahead, Tom.
Mr. Andrews. Senator, let me say, first of all, that there
is a lot that should have been done, that could have been done.
And let me tell you right now that there are 600,000 Rohingya
citizens living in Rakhine State in Burma.
They are in danger, and among them there are over 130 that
are living in internment camps. They are called IDP camps, but
they are internment camps really----
Senator Merkley. Yes, they are.
Mr. Andrews. --surrounded by military. They are living in
horrible conditions. I know you have seen them. I have been
there. Those conditions have not improved or changed, and even
those outside of those camps are living in villages that are
surrounded by the military and their movements are severely
restricted.
They cannot leave their village without express permission
by the military. That continues today, and as Senator Markey
said at the outset, the very leadership that was responsible
for those mass atrocity crimes in 2017, that was genocidal
attacks, those very same leaders are now in control of the
country.
So we need to have a very aggressive, strong, principled
stand and not just words but action that can mobilize the
region and the world with us to put maximum pressure on this
junta and save these people who are in great jeopardy, and also
save those throughout the country, the 54 million Burmese
citizens who are also in great jeopardy right now.
Senator Merkley. Tom, that is so true, and part of the
challenge with repatriation is if people were repatriated they
would be repatriated to so-called--what the Burmese called
model villages, which means internment camps.
Mr. Andrews. That is correct. That is correct.
Ambassador Currie. Yes. Yeah.
Senator Merkley. Ambassador?
Ambassador Currie. Yes. So thank you for your consistent
and outspoken advocacy on this issue.
As you know, this is something that there was a lot of
discussion internally within the Administration and a very
fierce debate about, and I--you know, personally, I advocated
very strongly for action and at times we were able to get
certain things to move, such as the sanctions on Min Aung
Hlaing and Ko Win and the senior leadership, where the United
States was the only country in 2019 to have sanctioned the
senior military leadership in response to the ethnic cleansing
and the atrocities, which I believe were a genocide and crimes
against humanity in Rakhine State and against the Rohingya.
So I think that we--and it is--it was deeply frustrating
and it continues to be deeply frustrating that we failed as a
community, as an international community to respond
effectively.
I watched it unfold in the U.N. and the Security Council
every day from August 2017 until the day I left at the end of
2018 the incredible failure of the response to these horrific
atrocities, and there is no other word for it.
It was a collective failure on all of our part, and it was
in large part due to this tension that you highlight about
wanting to ``protect'' this democratic transition that was
never, again, really a democratic transition.
It was a degree of civilianization, as I mentioned before.
But, and to protect that process while--and trying to balance
those concerns and also within the United States Government,
certainly, concerns about pushing Burma closer to China were
also very prevalent as a competing policy imperative that was
used to kind of argue the issues about what is the foreign
policy objective here.
So and I--you know, I do not know the degree. I am not
involved in the current discussions. But I know that a lot of
the work has been done, and should the Administration seek a
determination, the work has been done for them to be able to do
that.
What is the most remarkable thing, though, that I am seeing
and which I think is very helpful, because if you do want
people to return to something other than a horrific situation
inside the country, the issues around identity and security for
the Rohingya need to be addressed, and we are seeing that
actually happening within the movement against the coup.
And it is really kind of remarkable, some of the
conversations that I have seen, the degree of empathy, the
willingness to call the Rohingya by their right name, to
acknowledge what happened to them by members of the NLD, by
members of the committee representing the Pyidaungsu Hluttaw,
which is the kind of interim government that the NLD formed,
and a real openness to talk about these issues that is not
the--has not been the case for the past 4 years.
And that is the basis on which sustainable safe voluntary
returns are going to be possible is addressing these root
causes of second class citizenship and systemic racism within
Burmese society and the thwarted state and nation building
process that has been interrupted by 70 years of military rule,
almost, as you know, since the sixties during the first--from
the first time Ne Win launched a coup in 1962 until today.
Burma has not developed a national identity rooted in
anything other than Bamar Buddhist chauvinism and a unitary
military mindset.
And they--you know, it is 2021. We have got to--this
country has got to build a different--it is a multi-ethnic,
multi-confessional country. That is not an appropriate fit.
And so the focus on federal democracy, the focus on
addressing on accountability issues within the anti-coup
movement has been really remarkable and it is one of the most
important things that is happening, and it is so unusual.
Senator Markey. Thank you, Ambassador.
Senator Merkley. Thank you very much, Mr. Chairman.
Senator Markey. Thank you, Ambassador.
If I may just ask a couple more questions. You may as well
have a few more questions, Senator Romney, and you too, Senator
Merkley.
I would like to come back to the Security Council because,
obviously, the Chinese have business interests. They are the
largest single outside business interests inside of Burma, and
the Burmese army have a business interest too. So what we have,
essentially, is the Chinese army business corporation doing
business with the Burma Corporation, run by the army.
It is just two armies that have a business interest. In
going to the Security Council, we would be able to put a
spotlight on that.
Why is China trying to veto a Security Council resolution?
Could you talk about that, Tom, and in terms of our ability?
Just spotlight what this corrupt relationship actually means
for the ordinary people inside of Burma.
Mr. Andrews. Well, Mr. Chairman, I think it is important to
move this forward in the Security Council because that is the
proper venue for this.
Now, of course, as the Ambassador said, there has been
reluctance to move measures that will not have complete
consensus among the members of the Security Council. There is
always concern about vetoes always when we talk about these
sensitive issues.
But I think it is worth putting it forward. I think it is
worth having an honest and open debate. I think it is important
for nations to step up and be counted one way or another.
Listen, there is just too much at stake in this country,
too much suffering going on right now, too many lives that
could be lost very, very soon unless strong action is not taken
by the international community and the Security Council.
This is a security issue, if I have ever seen one, and it
demands the attention of the world at the highest levels. But
as we move forward, let us simultaneously not hold back would
be excuse, well, that is something for the Security Council,
nothing for us to do unless they move.
Let us ourselves move with the region and all of those who
are willing to work with us in coordinated sanctions, arms
embargo, and other measures that will put the pressure on where
it is needed.
Senator Markey. Okay. Thank you.
Back to you, Ambassador, if you could just expand a little
bit on this identification of the Chinese army business
interests partnering with the Burmese army business interests,
and using the Security Council as a way of spotlighting that
and the arms embargo as well.
Ambassador Currie. Sure. China does provide a substantial
number of arms to Burma, but actually Russia is a bigger arms
supplier to the Tatmadaw than China and has--so actually that
is the basis under which people believe that Russia would veto
a Security Council resolution is because of their arms sales
interests with Burma, that they would not do it on their own if
China were to abstain. That is kind of the thinking about this.
The reason that the Chinese have threatened to veto on
Burma is because they see this as an internal affair, and China
is very rigid about--well, they are very hypocritical but very
rigid in saying that the Security Council should not be
involved in matters that are the internal affairs of countries.
As you point out, though, or as Tom pointed out correctly,
this is now a matter of international peace and security, and
coups have been recognized by the Security Council in the past
as matters of international peace and security.
So there is full justification for the Security Council to
act here. China is acting in a very narrowly interested way.
However, their business interests go far beyond the military.
It is part of the Belt and Road, and this has really become
tied up in Xi Jinping's personal prestige.
The situation of the China-Myanmar Economic Corridor is
part of the Belt and Road and is a key link to the Indian Ocean
through the Bay of Bengal.
And there are serious security interests here. When these
projects have been taking place within the past 4 years, past 5
years, of the NLD Government, China has relied on the NLD to
provide cover and Aung San Suu Kyi to provide cover for its
economic exploitative projects in Burma.
Without her there, these projects become much more tenuous,
and they will continue to invoke public antipathy and protests.
And just as you have seen the people fighting against the
military junta through noncooperation, they have also
threatened the viability of Chinese projects in Myanmar if this
junta continues.
So there are a lot of pieces here that I do not think we
should assume a Chinese veto because they do have interest in
not having this coup continue and, certainly, in having--not
having the Burmese people despise them, which is what would
happen if they were to veto a resolution in the Security
Council.
Senator Markey. Do you agree with that? Do you agree with
that, Tom?
Mr. Andrews. Yes, I think China has a lot of interest in
moving this forward. I think that the anti-Chinese views and
feelings among the people of Myanmar is--it is dangerous and it
is not in the interest of China or, really, Russia to stand in
the way of the Security Council moving forward and I,
certainly, hope they will not stand in the way.
Senator Markey. Thanks to both of you.
Senator Romney?
Senator Romney. Thank you, Mr. Chairman. I have asked my
questions and appreciate the testimony that we have heard from
both the Congressman and the Ambassador. Thank you.
Senator Markey. Beautiful. Senator Merkley, do you have any
other questions?
Senator Merkley. Yes, thank you. I just wanted to ask, do
you feel our failure to mount an aggressive response to the
attack on the Rohingya contributed to the military thinking
that they could get away with this type of military coup,
restoration of military power?
Ambassador Currie. Unquestionably, yes.
Senator Merkley. I see, Tom, you are shaking your head yes
as well.
Mr. Andrews. Yes. Yes, Senator, I think yes. I think that
there is a lot of lessons that need to be learned here and one
of them is, is that the United States, the world, has to work
together forcefully, aggressively, and creatively to address
these just massive violations of human rights injustice and,
certainly, that existed in 2017, needless to say. But it is
before our very eyes right now. So this is happening just
before our eyes. We need to take strong action.
Senator Merkley. You know, I think it sends a message not
only to the military in Burma but to would-be dictators around
the world that there was space for them to become more
authoritarian, and that is why responding to the situations
when they arise.
It is so important to be consistent and aggressive and
firm, for people to know in advance there are going to be
substantial world consequences to such actions.
Well, I do not have any more questions for you all now. But
I really want to thank you all for the insights you have
brought to the committee, for your advocacy, and I hope we can
really help turn the world back in the direction of governments
that work for the people from a citizen-up strategy rather than
an authoritarian-down strategy that China is championing.
Thank you all very much.
Mr. Andrews. Thank you, Senator.
Ambassador Currie. Thank you.
Senator Markey. Thank you. Thank you to all the senators.
Thank you, Senator Romney, for our first hearing. It will be
one of many we have on East Asia Subcommittee here.
But we just call it the China subcommittee as it affects
everyone else in East Asia and, unfortunately, it is, in most
instances, negatively.
This is the first of our hearings. There will be many more,
and we thank our great witnesses today. From beginning to end,
you have been extremely helpful to us.
And for the information of the members, the record will
remain open until the close of business on Monday, March 29th,
including for members to submit questions for the record.
So this hearing is now adjourned with the thanks of the
subcommittee. Thank you.
Mr. Andrews. Thank you, Mr. Chairman.
[Whereupon, at 11:44 a.m., the subcommittee was adjourned.]