Burma has a Buddhist majority (87.9 percent) with Christian (6.2 percent), Muslim (4.3 percent), Animist (0.8 percent), and Hindu (0.5
percent) populations. The 2008 constitution recognizes all these
religions, with Buddhism as the de facto state religion. Religious and
ethnic minorities not belonging to the majority Bamar ethnicity and
Buddhist faith have faced longstanding persecution. Burma’s race and
religion laws regulate religious conversion, marriage, and births and
restrict the religious freedom of non-Buddhists, particularly Muslims.
In November 2020, Burma held its second democratic general
election, where Suu Kyi’s NLD secured another majority win. The NLD
government faced criticism for its inaction on the atrocities perpetrated against religious and ethnic minorities, most notably military
operations in Rakhine; indeed, Suu Kyi defended the military in the
ICJ. In February 2021, the Tatmadaw seized power from and detained
Leader Suu Kyi and other NLD officials in a military coup.
Rohingya Refugees
Burma’s longstanding and continuous military operations in Rakhine
have caused internal displacement and sparked mass migration to
Bangladesh and other Southeast Asian countries for many years. At
the end of 2020, there were nearly one million registered refugees
residing in Cox’s Bazar, Bangladesh, including Muslims, Christians,
and Hindus. The Burmese government’s ongoing actions and policies have made it impossible for refugees to safely return home. In
2020, the Bangladeshi government directed thousands of Rohingya
refugees in Cox’s Bazar to relocate to the cyclone- and flood-prone
island of Bhasan Char.
While the majority of Rohingya refugees fled to Bangladesh,
a significant number escaped to Malaysia, Indonesia, and Thailand.
Some Rohingya refugees have managed to settle successfully in these
countries, but others have faced discrimination or further religious
freedom violations. During the COVID-19 pandemic, governments
in Malaysia and Thailand turned back boats with Rohingya refugees,
resulting in many deaths. In April 2020, at least 32 Rohingya Muslims
died on a ship that drifted for weeks after it failed to reach Malaysia.
Violence, Discrimination, and Intolerance toward
Rohingya Muslims
The government has effectively institutionalized discrimination against
Rohingya Muslims through restrictions on participation in elections,
marriage, family planning, employment, education, religious choice,
property rights, and freedom of movement. The government has
proclaimed that the Rohingya are not citizens of their birthplace and
homeland of Burma; it fails to acknowledge the Rohingya as one of
the 135 legally recognized national races or ethnic groups of Burma
and instead refers to them as foreign migrants.
The Tatmadaw has been accused of targeting the Rohingya with
killings, mass rape, and other sexual violence; disappearances; forced
starvation; arbitrary detentions and arrests; and looting, burning,
and property confiscations. Two Tatmadaw soldiers reportedly in
ICC custody confessed on video to committing atrocities against
Rohingya, claiming that superiors ordered units to “exterminate all
Kalar”—a derogatory name for the Rohingya.
In June, the Tatmadaw resurfaced on Facebook, nearly two
years after the platform removed numerous army accounts and
pages for spreading hatred against Rohingya Muslims. The military
spokesman said the Tatmadaw intends to combat information deemed
anti-nationalist or fake news via Facebook through two newly created
Burmese-language military accounts that remain open following the
coup. Despite its role in hosting content inciting violence in the past,
Facebook has not shared evidence from its platform with international
justice mechanisms.
Some political candidates employed anti-Muslim slogans and
speech ahead of national elections in November. Days before the
election, hardline Buddhist nationalist monk Ashin Wirathu— who had
been charged with sedition and was removed by Facebook in 2018
for posts inciting violence and genocide against Muslims—handed
himself over to authorities after more than a year on the run.
Abuses against Christians
The Burmese government also has violently targeted Christian communities. In March, in one example of Burmese military airstrikes on
predominately Christian villages, 21 people were killed, including a
seven-year-old boy, in Chin state. According to Chin Christian leaders,
more than 1,500 villagers fled their homes. Chin Christian leaders
suspect army personnel fired indiscriminately in part because the
inhabitants were Christian. In February, the Tatmadaw filed charges
against two Baptist pastors in Kachin for holding an event at their
church which allegedly supported ethnic rebel groups.
Key U.S. Policy
During FY 2020, the United States provided more than $437 million to
support Rohingya refugees’ host communities and internally displaced
Rohingya within Burma, including those who fled mass atrocities in
Rakhine State.
Several U.S. officials expressed concern over the ongoing conflict
in Burma. Then Secretary of State Michael R. Pompeo addressed the
“violent oppression” of Rohingya Muslims by the Burmese military and
called for justice and accountability for the Rohingya. In October, then
Under Secretary of State for Political Affairs David Hale spoke with
Leader Suu Kyi to reaffirm U.S. support for democratic reform and an
end to conflict, particularly in Rakhine State. On December 2, the U.S.
Department of State redesignated Burma as a CPC under IRFA for
engaging in or tolerating systematic, ongoing, egregious violations
of religious freedom, and it reimposed as the relevant presidential
action the existing ongoing arms embargo referenced in 22 CFR 126.1.
In January 2021, Secretary of State Antony Blinken stated during his
confirmation hearing that the administration of President Joseph R. Biden
would review whether the Burmese government’s persecution of the
Rohingya constituted genocide. After the February 2021 coup, the Biden
administration reimposed broad sanctions against the Burmese military.
U S C I R F – R E C O M M E N D E D F O R C O U N T R I E S O F PA R T I C U L A R C O N C E R N ( C P C )
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