[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4140 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4140
To provide protection, support, and humanitarian assistance to Rohingya
refugees and internally displaced people in Burma as well as promote
accountability and a path out of genocide and crimes against humanity
for Rohingya.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2025
Mr. Meeks (for himself, Mr. McCaul, Mr. Bera, and Mr. Huizenga)
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 in Burma 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 ``Burma Genocide Accountability and
Protection Act'' or the ``Burma 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 United States 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 has been the leading contributor of
humanitarian assistance in response to the Rohingya crisis.
(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, over 15 percent of
young children in the Rohingya refugee camps in Bangladesh are
suffering from malnutrition. The World Food Program estimates
that it needs another $83,000,000 in funding to maintain full
rations and meet the basic minimum nutritional needs of
refugees through May 2026.
(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 and
crimes against humanity 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;
(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; and
(7) to isolate the Burma military junta diplomatically and
economically until such time that there is a return to civilian
rule in Burma.
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 in March 2022
that genocide and crimes against humanity have been committed
against Rohingya by members of the Burma military should lead
to support for Rohingya to overcome decades of systemic
persecution, marginalization, and violence;
(3) the Rohingya crisis and the broader Burma crisis must
be addressed simultaneously to ensure that history does not
repeat itself;
(4) the United States should work with other donor nations
to ensure that Rohingya refugees in refugee camps in Bangladesh
receive a ration sufficient to meet the humanitarian minimum
standards for food and nutrition needs;
(5) 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, as well as supporting the voluntary
resettlement or eventual safe repatriation of Rohingya refugees
to Burma when conditions allow; and
(6) the United States should continue not to recognize the
Burma military junta as the legitimate political representative
of the Burmese people given the genocide, crimes against
humanity, and coup that it has perpetrated.
SEC. 5. UNITED STATES SPECIAL REPRESENTATIVE AND POLICY COORDINATOR FOR
BURMA.
(a) In General.--In the absence of a United States Ambassador to
Burma, the Secretary of State is authorized to appoint a career Foreign
Service Officer of Senior Foreign Service rank as Special
Representative and Policy Coordinator for Burma.
(b) Duties.--The Special Representative shall--
(1) promote a comprehensive international effort, including
multilateral sanctions, direct dialogue with all parties,
including democracy advocates, and support for nongovernmental
organizations operating in Burma and neighboring countries,
designed to restore civilian democratic governance to Burma and
address the urgent humanitarian needs in the region;
(2) consult broadly, including with the Governments of
Thailand, Bangladesh, India, the Republic of Korea, Japan, the
member states of ASEAN, the European Union, and other nations
to coordinate policies toward Burma;
(3) assist efforts by the United Nations Special Envoy to
secure the release of all political prisoners in Burma and to
promote dialogue among all parties, including leaders of
Burma's democracy movement;
(4) consult with Congress on policies relevant to Burma and
the future and welfare of all the Burmese people, including
refugees;
(5) coordinate multilateral sanctions efforts against Burma
among United States allies and partners; and
(6) support protection, humanitarian assistance, and
accountability efforts for Rohingya and other Burmese ethnic
minorities in Burma and the surrounding region.
(c) Sunset.--This section shall terminate on the date that is 5
years after the date of the enactment of this Act.
SEC. 6. SUPPORT FOR PROTECTION EFFORTS AND DURABLE SOLUTIONS WITH
RESPECT TO ROHINGYA.
(a) In General.--The Secretary of State, in consultation with the
Special Representative (if so designated under section 5(a)), should
support efforts to protect Rohingya and prevent further atrocities
against Rohingya and other Burmese ethnic minorities.
(b) Protection Efforts.--In carrying out subsection (a), the
Secretary 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
nonrefoulement;
(2) facilitating greater access for Rohingya facing ongoing
abuse, including human trafficking and gender-based violence,
to appropriate legal support services;
(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 other 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; and
(6) engaging the Government of Bangladesh and the
international community 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 activists, 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 should seek to promote durable solutions with respect to
Rohingya by--
(1) supporting the inclusion of Rohingya across various
sectors in Burma;
(2) 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;
(3) 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;
(4) 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
(5) 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, in consultation with the
Special Representative (if so designated under section 5(a)) 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 activists, and
others threatened by armed groups.
(2) Support for Rohingya civil society and community-based
organizations, including 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, health care, 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, in consultation with the
Special Representative (if so designated under section 5(a)) and other
relevant United States Government agencies, should