[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8936 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8936
To provide protection, support, and humanitarian assistance to Rohingya
refugees and internally displaced people as well as promote
accountability and a path out of genocide and crimes against humanity
for Rohingya.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 5, 2024
Mr. Meeks introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide protection, support, and humanitarian assistance to Rohingya
refugees and internally displaced people as well as promote
accountability and a path out of genocide and crimes against humanity
for Rohingya.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rohingya Genocide Accountability and
Protection Act'' or ``Rohingya GAP Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In its report dated September 17, 2018, the United
Nations Independent International Fact-Finding Mission on
Myanmar (FFM) found that impunity was a ``root cause of
continued human rights violations in Myanmar'' that ``has
significantly and demonstrably contributed to the validation of
deeply oppressive and discriminatory conduct, enabled
recurrence of human rights violations and atrocity crimes, and
emboldened perpetrators and silenced victims,'' and concluded
that ``ensuring accountability for crimes'' was ``the key to
disrupting patterns of oppression and cycles of violence'' as
well as a legal obligation for Burma.
(2) On December 13, 2018, the U.S. House of Representatives
passed H. Res. 1091, by an overwhelming majority of 394 to 1,
expressing the sense of the House of Representatives that
atrocities committed against Rohingya by members of the Burma
military and security forces since August 2017 constitute
crimes against humanity and genocide.
(3) On September 16, 2019, the FFM reported that it ``has
reasonable grounds to conclude that the evidence that infers
genocidal intent on the part of the State, identified in its
last report, has strengthened that there is a serious risk that
genocidal actions may occur or recur''.
(4) On February 1, 2021, the Burma military conducted a
coup d'etat, derailing Burma's transition to democracy and
disregarding the will of the people of Burma.
(5) Since the February 2021 military coup, the Burma
military and certain local armed groups have continued to
commit crimes and abuses against Rohingya. In Rakhine State,
over 600,000 Rohingya, including at least 130,000 confined in
internally displaced persons (IDP) camps face heightened risks.
The military continues to target Rohingya with laws and
policies that criminalize the exercise of human rights, as well
as with arbitrary arrest and detention, torture, sexual
violence, and murder.
(6) On March 21, 2022, Secretary of State Antony Blinken
announced the Secretary had determined that ``members of the
Burmese military committed genocide and crimes against humanity
against Rohingya''.
(7) The United States is the leading contributor of
humanitarian assistance in response to the Rohingya crisis.
Since 2017, the United States Government has provided nearly
$2.4 billion in response to the Rohingya crisis, including $1.9
billion to assist Rohingya refugees and host communities in
Bangladesh. The United Kingdom and Japan, the other leading
contributors of humanitarian assistance to the Rohingya crisis,
have provided nearly $479 million and $220 million respectively
to support Rohingya refugees in Bangladesh.
(8) The United Nations High Commissioner for Human Rights
said in a June 2023 report that the Burma military's
restrictions on aid access by local and international
organizations seeking to respond to Cyclone Mocha in Rakhine
State in May 2023 may amount to gross violations of
international human rights law, and serious violations of
international humanitarian law.
(9) According to the World Food Program, since it was
forced to cut food rations in March and May 2023, food
insecurity has increased for Rohingya refugees in Bangladesh,
``with a staggering 90 per cent of the population lacking
access to an adequate diet and over 15 percent of young
children suffering from malnutrition''. The World Food Program
estimates that it needs another $38 million in funding to fully
restore a ration to meet the basic minimum nutritional needs of
refugees.
(10) Funding cuts and rising commodity prices have
exacerbated protection concerns for Rohingya refugees in
Bangladesh, especially with respect to gender-based violence
and child protection, worsening health outcomes and fueling
unsafe and irregular migration throughout the surrounding
region.
(11) Combined with rising food insecurity, Rohingya are
increasingly unsafe in Bangladesh as a result of growing
competition between armed and criminal groups in the refugee
camps. These factors have driven thousands of Rohingya to flee
to maritime Southeast Asia by boat only to face obstacles from
regional navies and growing resentment from local populations.
(12) The long, systemic denial of the exercise of certain
rights, including education, freedoms of expression, movement,
and rights related to nationality have had enduring effects on
many Rohingya persons' mental and physical well-being and
perpetuate the risk of future genocidal violence until these
root causes are addressed.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to uphold Article I of the Convention on the Prevention
and Punishment of the Crime of Genocide, to which the United
States is a party, to prevent the crime of genocide and punish
its perpetrators;
(2) to prevent and end atrocities committed against
Rohingya by addressing the root causes of the genocide
committed against them, holding the perpetrators of these
crimes accountable, supporting solutions to respect the human
rights and uphold the dignity of Rohingya, and to ensure
Rohingya involvement and representation in decision making and
implementation processes to address these needs;
(3) to support the empowerment of Rohingya civilian
leadership in diaspora communities, refugee camps in
Bangladesh, and inside Burma through consultation and
collaboration with Rohingya community representatives;
(4) to provide holistic support to the Rohingya community
to overcome decades of systematic persecution and
discrimination and to best support the desires of all
communities in Burma to achieve lasting peace and an inclusive,
Federal democracy including through credible transitional
justice processes;
(5) to collaborate with other countries to pursue and
implement coordinated, comprehensive, and sustained measures
for upholding the dignity and protecting the human rights of
Rohingya; and
(6) to engage in a coordinated manner with the United
Nations High Commissioner for Refugees other relevant United
Nations agencies, governments, and intergovernmental entities
to establish protocols and respond to protection concerns and
to prevent and protect Rohingya from further atrocities.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States has a moral and legal responsibility
to prevent and punish genocide, including against Rohingya;
(2) the Secretary of State's determination of genocide and
crimes against humanity against Rohingya by members of the
Burma military in March 2022 was historic and should serve as a
clarion call to support Rohingya to overcome decades of
systemic persecution, marginalization, and violence;
(3) the Rohingya crisis and the broader Burma crisis must
be addressed simultaneously, not in sequence; and
(4) the United States should encourage other countries to
contribute additional assistance and follow United States
leadership in protecting Rohingya through humanitarian
assistance, political and economic empowerment, accountability
for genocide, crimes against humanity, and any other
international crimes committed by the Burma military and other
armed groups in Burma, and supporting the voluntary
resettlement or eventual safe repatriation of Rohingya refugees
to Burma when conditions allow.
SEC. 5. UNITED STATES SPECIAL COORDINATOR FOR ROHINGYA ATROCITIES
PREVENTION AND RESPONSE.
(a) In General.--The President is authorized to designate an
official of the Department of State at the Under Secretary level to
serve as the United States Special Coordinator for Rohingya Atrocities
Prevention and Response for a two-year period that may be renewed by
the President. The official so appointed may continue to serve in the
official's capacity at the Under Secretary level.
(b) Duties.--The Special Coordinator shall assist in--
(1) coordinating the policies of the United States
regarding Rohingya with relevant bureaus and offices within the
Department of State and other relevant United States Government
agencies; and
(2) diplomatically engaging with foreign governments and
international organizations to advance international
coordination and cooperation to support Rohingya.
SEC. 6. SUPPORT FOR PROTECTION EFFORTS AND DURABLE SOLUTIONS WITH
RESPECT TO ROHINGYA.
(a) In General.--The Secretary of State and the Administrator of
the United States Agency for International Development should, in
consultation with the Special Coordinator (if so designated), support
efforts to protect Rohingya and prevent further atrocities against
Rohingya.
(b) Protection Efforts.--In carrying out subsection (a), the
Secretary and Administrator should seek to engage in crisis response
efforts and efforts to maximize the safety, security, and well-being of
Rohingya in Burma and throughout South Asia and Southeast Asia, by--
(1) supporting Rohingya refugees' access to international
protection as well as international asylum and refugee
mechanisms, and preventing indefinite detention and non-
refoulement;
(2) ensuring Rohingya facing ongoing abuse, including human
trafficking and gender-based violence, have access to a range
of legal support services, including protection case management
and legal and health support;
(3) supporting a monitoring mechanism, rapid response team,
legal assistance, and communication mechanisms to overcome
military-imposed internet and telecommunication restrictions
for Rohingya living in Burma;
(4) working with governments in the region to strengthen
regional mechanisms and overall coordination on lifesaving
search and rescue, safe disembarkation, effective receiving and
comprehensive assistance for Rohingya refugees;
(5) supporting host communities to facilitate a safer, more
supportive, and welcoming environment for Rohingya refugees
through the provision of technical assistance and cooperation
with local organizations and governments;
(6) engaging the Government of Bangladesh to establish the
necessary mechanisms for Rohingya refugees to file protection
claims, and seek accountability by--
(A) improving Rohingya refugees' ability to access
justice within Bangladesh through legal aid,
simplifying the process for filing cases, facilitating
the access of lawyers involved in international legal
proceedings involving Rohingya, and enabling Rohingya
to travel abroad to participate in legal proceedings in
other courts;
(B) supporting enhanced coordination among
Bangladesh security forces on investigations and
accountability;
(C) supporting training for Bangladesh's Armed
Police Battalion (APBn) and any other units providing
security for Rohingya refugee camps on humanitarian
protection principles and community safety; and
(D) encouraging the Government of Bangladesh and
other host governments to allow safe houses for
Rohingya human rights defenders, as well as defectors,
insider witnesses to atrocities against Rohingya and
other refugees facing imminent threats;
(c) Promoting Durable Solutions.--In carrying out subsection (a),
the Secretary and Administrator should seek to promote durable
solutions with respect to Rohingya by--
(1) supporting the inclusion of Rohingya across various
sectors in Burma and facilitating training and capacity
building on atrocity prevention for the National Unity
Government (NUG), the National Unity Consultative Council
(NUCC), the Committee Representing Pyidaungsu Hluttaw (CRPH),
ethnic armed organizations, and other political stakeholders;
(2) in consultation with Rohingya community
representatives, including women and civil society leaders,
collaborating with and supporting key non-military stakeholders
to take preparatory steps for--
(A) ensuring the safe and voluntary return of
Rohingya, which should include those individuals
displaced in the 1990s or born as internally displaced
persons or refugees to their places of origin in Burma;
(B) restoring and protecting Rohingyas' rights and
providing them full and equal citizenship;
(C) recognizing Rohingya as an official ethnic
group in Burma, and securing equal social and political
power-sharing under a Federal democratic constitution;
(D) promoting convenings and engagement among
Rohingya, non-state actors, civil society groups, and
other key stakeholders in Rakhine State to promote
trust-building and reconciliation;
(E) including Rohingya across administration and
governance mechanisms of Burma, including Rakhine
State; and
(F) developing a comprehensive transitional justice
strategy;
(3) working with United States allies and partners to
broaden resettlement programs and supporting the voluntary
resettlement of the most vulnerable individuals within Rohingya
populations, as well as defectors, deserters, and insider
witnesses participating in justice processes; and
(4) supporting repatriation of Rohingya refugees only when
conditions are conducive for a safe, voluntary, and sustainable
return with full rights restored.
SEC. 7. HUMANITARIAN ASSISTANCE AND SUPPORT FOR ROHINGYA REFUGEES AND
INTERNALLY DISPLACED PERSONS.
(a) In General.--The Secretary of State and the Administrator of
the United States Agency for International Development, in consultation
with the Special Coordinator (if so designated) and other relevant
United States Government agencies, should continue to provide
assistance to Rohingya refugees, internally displaced persons, and host
communities receiving such refugees and persons.
(b) Activities Supported.--Assistance provided under subsection (a)
shall include the following:
(1) Protection programming, including interventions focused
on Rohingya civil society leaders, human rights defenders, and
others threatened by armed groups.
(2) Support--
(A) to Rohingya civil society and community-based
organizations so they can represent themselves.
(B) and diplomatic engagement to encourage the
Government of Bangladesh to allow the operation of
Rohingya-led civil society and community-based
organizations in the refugee camps in Bangladesh.
(3) Programs to prevent and respond to gender-based
violence, trafficking, forced marriage, as well as specialized
training programs for vulnerable groups.
(4) Support for education, including higher education, for
Rohingya refugees in Bangladesh.
(5) Support for displaced Rohingya to access livelihoods
through vocational training and volunteer programs organized by
international organizations and nongovernmental organizations.
(6) Support for meeting basic needs, including food,
nutrition, healthcare, protection, shelter, water, sanitation,
and hygiene support;
(7) Support to Rohingya in Burma, refugee camps in
Bangladesh, and the diaspora to preserve Rohingya culture,
history, and memory.
SEC. 8. PROMOTING ACCOUNTABILITY FOR GENOCIDE AND CRIMES AGAINST
HUMANITY COMMITTED AGAINST ROHINGYA IN BURMA.
(a) In General.--The Secretary of State and the Administrator of
the United States Agency for International Development, in consultation
with the Special Coordinator (if so designated) and other relevant
United States Government agencies, should take the actions described in
subsection (b) to promote accountability for genocide and crimes
against humanity committed against Rohingya in Burma.
(b) Actions Described.--The actions described in this subsection
are the following:
(1) Support comprehensive justice and accountability for
genocide and crimes against humanity committed against
Rohingya, including through consultation with and participation
by the Rohingya community.
(2) Support for the efforts of entities, including the
Independent Investigative Mechanism for Myanmar, in their work
to safely collect and preserve evidence of genocide and crimes
against humanity committed against Rohingya, including through
open-source research and by cultivating inside