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February 12, 2018


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


Congress is examining the conduct of U.S. policy toward
Burma (Myanmar) in light of an ongoing, major
humanitarian crisis and other developments in Burma.
While Congress was largely deferential to the Obama
Administration's moves to normalize diplomatic relations
with Burma, it may decide to play a more active role in
formulating and monitoring U.S. policy toward Burma
during the Trump Administration, particularly given large-
scale human rights abuses by Burma's military. Legislation
has been introduced-the BURMA Act of 2017 (H.R.
4223) and the Burma Human Rights and Freedom Act of
2017 (S. 2060)-that would modify U.S. policy to reflect
recent events in Burma.


Burma faced several major challenges in 2017, including
the massive displacement of Rohingya from Rakhine State
into Bangladesh, allegations of large-scale human rights
violations by the Burmese military, an escalation in fighting
in Kachin and Shan States, and growing dissatisfaction with
the lack of political and economic reforms. The Burmese
government, led by State Counselor Aung San Suu Kyi and
Commander-in-Chief Senior General Min Aung Hlaing,
responded to these challenges in ways that drew criticism
from the international community, particularly in terms of
the treatment of the Rohingya. In some cases, however,
their actions garnered widespread support domestically.
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On August 25, 2017, a relatively new and little known
Rohingya nationalist group, the Arakan Rohingya Salvation
Army (ARSA), launched a coordinated attack on 30
security outposts in Burma's Rakhine State. The Burmese
military, or Tatmadaw, responded with a clearance
operation that resulted in the displacement of nearly
700,000 Sunni Rohingya to Bangladesh, the destruction of
almost 400 Rohingya villages, the killing of at least 6,700
Rohingya (according to human rights groups and Doctors
Without Borders), and the sexual assault of hundreds of
Rohingya women and girls.

The ARSA attack and the Tatmadaw's response has created
significant humanitarian crises in Burma and neighboring
Bangladesh with an estimated one million displaced
Rohingya requiring assistance. The two nations are also
planning a large-scale repatriation process, although many
experts view this as premature. In addition, the international
community, including the United States, has called on
Burma to permit an independent international investigation
into the alleged human rights violations that occurred after
the ARSA attack. Some observers worry that Islamist
extremists will attempt to radicalize the displaced Rohingya
and increase the risk of terrorist activities in South and
Southeast Asia.


Burma's mixed military/civilian government has so far
denied any systematic and/or widespread misconduct by
Burma's security forces, but continues to deny international
humanitarian assistance organizations, the local and
international media, and a U.N. investigatory team access to
the affected areas of northern Rakhmine State. For more
about the Rohingya crises, see CRS Report R45016, The
Rohingya Crises in Bangladesh and Burma.


Burma has been riven by a low-grade civil war between
government forces and various ethnic armed organizations
(EAOs) since it became an independent sovereign state in
1948. In 2016, Aung San Suu Kyi and her party, the
National League for Democracy (NLD), assumed power
after a landslide victory in parliamentary elections, and
soon after identified ending the long-standing conflict as
one of their top priorities.

However, escalated fighting between the Tatmadaw and
several of the EAOs in Kachin and Shan States, as well as
the alleged human rights abuses in Rakhine State, have
raised serious doubts about the prospects for peace. The 3rd
session of the 21s' Century Panglong Conference-an effort
to forge a peace agreement between the government, the
military, and EAOs-which was tentatively scheduled for
late January 2018, has been postponed at least until late
February. For more about the Burma's conflict and its
prospects for peace, see CRS In Focus IF10808, Burma's
Peace Process: Narrowing Opportunities in 2018.


According to some analysts, Burma's mixed
military/civilian government has responded to domestic and
international criticism by curtailing nominally protected
civil liberties. Although the 2008 constitution protects
freedom of speech, protesters and critics often are charged
with violating old and new Burmese laws. Two Burmese
reporters working for Reuters investigating the alleged
human rights abuses in Rakhine State were arrested and
charged with violating Burma's 1923 Official Secrets Act.
Other journalists have been arrested following interviews
with EAO leaders. Peaceful protesters have faced criminal
charges for allegedly violating the 2011 Peaceful
Processions and Peaceful Assembly Act. Several critics of
the government have been charged under section 66(d) of
the 2013 Telecommunications Act for allegedly defaming
or threatening government officials. As a consequence,
according to the Assistance Association for Political
Prisoners (Burma), 236 people are either serving sentences
or awaiting trial for their political activities. For more about
political prisoners in Burma, CRS Report R44804, Burma's
Political Prisoners and US. Policy: In Brief.


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