{ "id": "R45388", "type": "CRS Report", "typeId": "REPORTS", "number": "R45388", "active": true, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 593069, "date": "2019-03-05", "retrieved": "2019-12-20T19:49:01.453297", "title": "Burmese Security Forces and Personnel Implicated in Serious Human Rights Abuses and Accountability Options", "summary": "At least 17 different reports by United Nations (U.N.) entities and independent human rights organizations have been released containing allegations that certain Burmese security force officers and units committed serious human rights violations dating back to 2011. These reports name nearly 40 individuals and over 100 security units as responsible for such gross human rights violations as murder, torture, rape and other forms of sexual violence, and forced labor. Some of these individuals, including Commander-in-Chief Senior General Min Aung Hlaing, were identified in four or more of the reports. Similarly, some of the security units, in particular Infantry Division 33 and Infantry Division 99, were cited by six or more of the reports. The reports suggest that the commission of human rights abuses by Burma\u2019s security forces is pervasive, systematic, and endemic. CRS did not independently verify the credibility of these reports. \nThe Trump Administration has labeled the alleged human rights violations as \u201cethnic cleansing\u201d and has imposed \u201climited targeted sanctions\u201d on five Burmese military officers and two military units it considers responsible for serious human rights violations against the Rohingya in Burma\u2019s Rakhine State. In August 2018, the State Department released a report summarizing the results of a survey of Rohingya refugees in Bangladesh that concluded that \u201cthe vast majority of Rohingya refugees experienced or directly witnessed extreme violence and the destruction of their homes.\u201d The report also stated \u201cthat the recent violence in northern Rakhine State was extreme, large-scale, widespread, and seemingly geared toward both terrorizing the population and driving out the Rohingya residents.\u201d The report, however, did not indicate if the violence constituted genocide, crimes against humanity, and/or war crimes. \nSome Members of Congress and other observers view this response as too limited, and have called on the Trump Administration to take stronger action given the severity of the human rights abuses. The 116th Congress appropriated $3.75 million in the Consolidated Appropriations Act, 2019 (P.L. 116-6) for the documentation of human rights violations against Rohingya and others in Burma. Congress has also placed restrictions and requirements on relations with Burma in previous appropriations legislation to address human rights issues. \nMany of the reports advocate for some form of accountability for the reported human rights violations, including by calling for the U.N. Security Council to refer the alleged human rights violations in Burma to the International Criminal Court (ICC) or an ad hoc international criminal tribunal for investigation and possible prosecution. China and possibly Russia are likely to oppose an ICC referral, and recent statements by President Trump and National Security Advisor John Bolton suggest the United States may also oppose such a referral. The ICC\u2019s Pre-Trial Chamber had previously ruled that the ICC\u2019s Prosecutor can begin a preliminary investigation of the war crime of forced deportation of the country\u2019s Rohingya ethnic minority into neighboring Bangladesh.\nIn the interim, the United Nations Independent International Fact-Finding Mission on Myanmar (UNFFM) has recommended that an independent international mechanism (IIM) be established to collect and preserve evidence of alleged acts of genocide, crimes against humanity, and war crimes committed in Burma since 2011. The U.N. Human Rights Council has approved the formation of an IIM, and has urged U.N. Secretary-General Antonio Guterres to appoint \u201cthe staff of the mechanism as expeditiously as possible.\u201d\nIn addition to these measures to support some form of future criminal action against the alleged perpetrators, the UNFFM and others have expressed support for U.N. sanctions against the Burmese military and others considered responsible for the abuses. Some of the reports also call on individual nations to impose sanctions on Burma\u2019s military and its government.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R45388", "sha1": "96f693d84bfd3188bb5ab39a744fd15836f35eb9", "filename": "files/20190305_R45388_96f693d84bfd3188bb5ab39a744fd15836f35eb9.html", "images": { "/products/Getimages/?directory=R/html/R45388_files&id=/0.png": "files/20190305_R45388_images_87733718f82ed47206138898659c70c2e3c68574.png" } }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R45388", "sha1": "44323df4799364fd810df48e49ef3750611f59f4", "filename": "files/20190305_R45388_44323df4799364fd810df48e49ef3750611f59f4.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4878, "name": "International Terrorism, Trafficking, & Crime" }, { "source": "IBCList", "id": 4911, "name": "East Asia & Pacific" } ] }, { "source": "EveryCRSReport.com", "id": 587132, "date": "2018-10-22", "retrieved": "2018-11-08T03:32:12.909680", "title": "Burmese Security Forces and Personnel Implicated in Serious Human Rights Abuses and Accountability Options", "summary": "At least 17 different reports by United Nations (U.N.) entities and independent human rights organizations have been released containing allegations that certain Burmese security force officers and units committed serious human rights violations dating back to 2011. These reports name nearly 40 individuals and over 100 security units as responsible for such gross human rights violations as murder, torture, rape and other forms of sexual violence, and forced labor. Some of these individuals, including Commander-in-Chief Senior General Min Aung Hlaing, were identified in four or more of the reports. Similarly, some of the security units, in particular Infantry Division 33 and Infantry Division 99, were cited by six or more of the reports. The reports suggest that the commission of human rights abuses by Burma\u2019s security forces is pervasive, systematic, and endemic. CRS did not independently verify the credibility of these reports. \nThe Trump Administration has labeled the alleged human rights violations as \u201cethnic cleansing\u201d and has imposed \u201climited targeted sanctions\u201d on five Burmese military officers and two military units it considers responsible for serious human rights violations against the Rohingya in Burma\u2019s Rakhine State. Some Members of Congress and other observers view this response as too limited, and have called on the Trump Administration to take stronger action given the severity of the human rights abuses. The Burma Unified through Rigorous Military Accountability (BURMA) Act of 2018 (H.R. 5819) and the Burma Human Rights and Freedom Act of 2018 (S. 2060) would impose greater restrictions on relations with Burma in part due to the serious human rights abuses allegedly committed by Burma\u2019s security forces. Congress has also placed restrictions and requirements on relations with Burma in previous appropriations legislation to address human rights issues. \nMany of the reports advocate for some form of accountability for the reported human rights violations, including by calling for the U.N. Security Council to refer the alleged human rights violations in Burma to the International Criminal Court (ICC) or an ad hoc international criminal tribunal for investigation and possible prosecution. China and possibly Russia are likely to oppose an ICC referral, and recent statements by President Trump and National Security Advisor John Bolton suggest the United States may also oppose such a referral. The ICC\u2019s Pre-Trial Chamber had previously ruled that the ICC\u2019s Prosecutor can begin a preliminary investigation of the war crime of forced deportation of the country\u2019s Rohingya ethnic minority into neighboring Bangladesh.\nIn the interim, the United Nations Independent International Fact-Finding Mission on Myanmar (UNFFM) has recommended that an independent international mechanism (IIM) be established to collect and preserve evidence of alleged acts of genocide, crimes against humanity, and war crimes committed in Burma since 2011. The U.N. Human Rights Council has approved the formation of an IIM, and has urged U.N. Secretary-General Antonio Guterres to appoint \u201cthe staff of the mechanism as expeditiously as possible.\u201d\nIn addition to these measures to support some form of future criminal action against the alleged perpetrators, the UNFFM and others have expressed support for U.N. sanctions against the Burmese military and others considered responsible for the abuses. Some of the reports also call on individual nations to impose sanctions on Burma\u2019s military and its government.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R45388", "sha1": "db76e0ae88de9a106b1e1ea66c878f5e5536ca30", "filename": "files/20181022_R45388_db76e0ae88de9a106b1e1ea66c878f5e5536ca30.html", "images": { "/products/Getimages/?directory=R/html/R45388_files&id=/0.png": "files/20181022_R45388_images_87733718f82ed47206138898659c70c2e3c68574.png" } }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R45388", "sha1": "cea67fcf783ff7e6cfdbffde98634a376424474e", "filename": "files/20181022_R45388_cea67fcf783ff7e6cfdbffde98634a376424474e.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4878, "name": "International Terrorism, Trafficking, & Crime" }, { "source": "IBCList", "id": 4911, "name": "East Asia & Pacific" } ] } ], "topics": [ "Appropriations", "Asian Affairs", "Foreign Affairs" ] }