On Eve of Historic Vote in U.S. House of Representatives for the “BURMA Act of 2021” (H.R. 5497), Broad Coalition Calls for Its Passage.
April 4, 2022
As the U.S. House of Representatives prepares a historic vote early this week on the bipartisan “BURMA Act of 2021” (H.R. 5497), a broad coalition of Burma (Myanmar) diaspora community organizations and their allies have called on Congress to pass the “Burma Act of 2021” and send it swiftly to President Biden’s desk.
Introduced in the wake of the February 2021 Myanmar military coup, the “BURMA Act of 2021” is sponsored in the Senate (S. 2937) by Senator Ben Cardin (D, Maryland) and in the House (H.R. 5497) by Rep. Gregory Meeks (D, New York), Rep. Steve Chabot (R, Ohio) and Rep. Michael McCaul (R, Texas). The bill would authorize humanitarian assistance and civil society support, promote democracy and human rights, and impose targeted sanctions on the Myanmar military with respect to its human rights abuses in Burma.
“It has already been #1year2long that we have waited for the BURMA Act of 2021 to be passed. The people of Burma can no longer afford to wait, so neither should we. While mechanisms to both impair the Myanmar military and support the people of Burma can still be employed, the time to act is now. Before it’s too late, Congress must pass the BURMA Act immediately,” Jan Jan Maran, Co-Founder and Executive, Global Movement for Myanmar Democracy (GM4MD)
“The BURMA Act of 2021 is the next comprehensive step in United States’ ongoing support for democracy in Burma. We, the diaspora, support the humanitarian and democracy aid authorized in the Burma Act along with the justice and accountability mechanisms for the atrocity crimes committed by the military regime,” Wai Khine, U.S. Advocacy Coalition for Myanmar.
“We urge the U.S. House of Representatives this week to pass the BURMA Act of 2021 in consideration of those killed by the military junta and the destruction that the regime imposes on human rights and democracy. Congress must take swift and concrete actions in holding the junta accountable for their crimes and supporting the people of Burma’s path to democracy,” Simon Billenness, Executive Director
Petition to the United Nations Security Council (UNSC) and the International Labour Organization (ILO)
We, the undersigned, representing concerned citizens, civil society organizations, and advocates for human rights, urgently call upon theUnited Nations Security Council (UNSC)and theInternationalLabour Organization (ILO)to take immediate action to address the humanitarian crisis resulting from the forced conscription law imposed by the military junta in Myanmar.
Background:
OnFebruary 10, 2024, the military junta in Myanmar announced its illegitimate enforcement of the People’s Military Service Law (Nº 27/2010), compelling up to 50,000 people per year to serve in the military for up to five years. This forced conscription isa blatant violation ofinternational law and fundamental human rights, threatening peace, stability, and the well-being of the people of Myanmar. It poses a significant threat in Myanmar and the region for several reasons:
Illegitimate military:The Myanmar military began an attempted coup in February 2021, and since then has no longer been working in service to the nation of Myanmar. Rather, it now operates under the command of an unelected and illegitimate military junta. Under this leadership, the military has launched a nationwide campaign of heinous crimes against the people of Myanmar in an attempt to suppress and control them. To date, the military haskilledover4,500 people, andarrestedmore than26,000including the President, State Counsellor, elected members of parliament, journalists, pro-democracy activists, religious leaders and others. Over 20,000 remain incarcerated. The military has committed massacres, indiscriminate airstrikes, artillery shelling, sexual and gender-based violence, mass torture and mass arson. As a result,2.4 million peoplehave fled their homes since the attempted coup began.
Forced Conscription of Women, Children, Professionals and Retirees:The junta’s decision to use conscription is widely understood among Myanmar people as a desperate attempt to compensate for its growing combat losses and defections. The junta’s State Administration Council (SAC) will forcibly recruit civilians, includingmenaged18-35 years,womenaged18-27 yearsand professionals such as doctors and engineers. Those who refuse will facea five-year jailterm. This adds to the junta’s illegitimate use of other forms of forced recruitment such as the Reserve Forces Law (2010) under which wives and children of soldiers aged over 15 are currently forced to undergo military training and retired or discharged military personnel are forced to serve for unspecified lengths of time. The junta’s forced recruitment is an extreme measure, particularly in relation to children and retirement aged people. Further, the forced recruitment of young women is especially egregious given the junta’s ongoing use of sexual violence.
Exacerbation of Violence:
The implementation of forced conscription by the military junta escalates the already unprecedented violence in Myanmar. As the junta faces growing resistance from democratic forces, it resorts to forced conscription as a means of psychological warfare to terrorize the population into submission. This escalation of violence further destabilises the country and heightens tensions within communities. (1)
Use of Human Shields and Atrocities:
The military junta has a track record of using civilians, including women and children, as human shields, minesweepers, and porters. Forcing conscription provides the junta with a ready pool of recruits to exploit in these dangerous roles, exposing them to the risk of abuse, torture, and even death.
Moreover, the junta’s history of committing atrocities, including sexual violence against women, raises serious concerns about the safety and well-being of those subjected to forced conscription.
Civilian Backlash and Fallout:
The announcement of forced conscription has triggered a major backlash among Myanmar’s civilian population, leading to widespread fear, anger, and resistance. Many young people are considering drastic measures to evade conscription, such as fleeing the country or joining resistance forces. This mass opposition to conscription is likely to further destabilize the country and contribute to social unrest
Humanitarian Crisis and Refugee Outflow: Forced conscription has already led to a rush of people seeking to leave Myanmar, leading to overcrowding and chaos at border crossings. This mass exodus poses humanitarian challenges for neighbouring countries and increases the risk of conflict spillover. Moreover, the targeting of specific ethnic and religious groups, such as the Rohingya, for conscription further exacerbates existing tensions and raises concerns about potential genocide or ethnic cleansing.
Petition:
1. We call upon theUnited Nations Security Council (UNSC)to:
Immediately convene an emergency meeting to address the crisis in Myanmar and propose a binding resolution under Chapter VII of the UN Charter.
Directly address the Myanmar crisis with relevant partners to manage its consequences, as relying solely on ASEAN has proven ineffective and contributed to escalating regional instability in Southeast Asia.
Imposing targeted sanctions especially on providing insurance to jet fuel import; banning the import of jet fuel into Myanmar; and a comprehensive arms embargo against the military junta to halt the enforcement of the Conscription Law and prevent further human rights violations.
Refer the situation in Myanmar to the International Criminal Court or establish an ad hoc tribunal to hold perpetrators of atrocities accountable.
2. We call upon theInternational Labour Organization (ILO)to:
Reject the forced conscription law imposed by the military junta in Myanmar as a grave violation of international labour standards and fundamental human rights.
Take decisive action against the State Administrative Council (SAC) for illegitimately forcing this law, which has a documented history of committing heinous crimes against humanity, including sexual violence against women, forced portering, and the use of civilians as human shields. Such actions constitute egregious violations of human rights and demand immediate accountability.
Condemn the use of forced labour and take immediate action to investigate and monitor instances of forced conscription in Myanmar.
Provide technical assistance and support to the legitimate government of Myanmar, theNational Unity Government (NUG),Ethnic Representation Organisations (ERO), andcivil society organizationsto address forced labour, protect the rights of affected individuals.
Conclusion:
The forced conscription law imposed by the military junta in Myanmar represents a severe threat to peace, stability, and human security in the region. We urge the United Nations Security Council and the International Labour Organization to act swiftly and decisively to address this crisis and uphold the principles of justice, dignity, and human rights for all.