BURMA USCIRF–RECOMMENDED FOR COUNTRIES OF PARTICULAR CONCERN (CPC) KEY FINDINGS I n 2020, religious freedom conditions in Burma remained poor. The government continued to commit widespread and egregious religious freedom violations, particularly against Rohingya Muslims. Denial of basic citizenship rights and systematic discrimination based on ethnic-religious affiliation severely restricted the freedom of religion or belief of minority communities. November 2020 marked Burma’s second general election since the end of full military rule in 2011. Although two previously excluded Muslim candidates from democratically elected leader Aung San Suu Kyi’s National League of Democracy (NLD) won seats, the government utilized the 1982 Citizenship Law, which it interprets to bar the Rohingya from citizenship, and the Election Law, which requires candidates to prove citizenship, to again block Rohingya Muslims from running or voting. In October, Burma’s Union Election Commission cancelled the elections in over 50 majority-Muslim townships in conflict-ridden regions where religious minorities reside, including Karen, Shan, Kachin, and Rakhine states. In February 2021, the Burmese military, known as the Tatmadaw, seized power in a military coup and detained Leader Suu Kyi and other NLD officials. Ongoing clashes in 2020 between the Tatmadaw and ethnic armed groups—including in Rakhine, Chin, Shan, Karen, and Kachin states, where Muslim and Christian religious minorities reside—resulted in civilian casualties, displacement, and property destruction, including of houses of worship. The ongoing conflict between the Tatmadaw and the Arakan Army (AA) intensified. In June, Tatmadaw clearance operations against the AA in Rakhine’s Muslim-majority township of Rathedaung forcibly displaced thousands of civilians. The United Nations (UN) reported that at least 500 civilians, mostly Rohingya Muslims and some Christians, were killed in 2020 in Rakhine and Chin states, and more than 100 children were killed or maimed during the first half of the year. In October, the Tatmadaw reportedly used Rohingya children as human shields to clear passage through landmines and to protect its soldiers from potential enemy fire. In 2017, the Burmese military perpetrated mass killings and rapes with what the UN described as genocidal intent against the Rohingya in Rakhine State, forcing over 700,000 to flee to Bangladesh within days. Hundreds of thousands of Rohingya and other religious minorities have continued to flee due to violence. Of the 600,000 Rohingya who are still in Burma, approximately 130,000 remain in government-run internment camps along with several thousand Kaman Muslims. Severe travel restrictions—enforced by arrests—on those living in these camps prevent internally displaced persons (IDPs) from obtaining employment, healthcare, and education. Although, in 2020, Burmese authorities dropped charges for travel against over 200 Rohingya, many remain imprisoned for attempting to flee ongoing violence. Muslims in IDP camps live in squalid conditions with limited access to aid and information due to government-imposed internet blockades. Efforts to hold the Burmese government accountable for international crimes, including genocide, continued. In January, the International Court of Justice (ICJ) in The Hague announced a provisional ruling in a case led by The Gambia that Burma must “take all measures within its power” to ensure that the military and any irregular armed units “do not commit acts of genocide” against the Rohingya. During the pendency of the case, Burma is required to report regularly on its implementation of the order. In September, The Netherlands and Canada joined the case to support The Gambia. The International Criminal Court (ICC) investigation launched in November 2019 into the military’s action in Rakhine remains ongoing. The government, including Suu Kyi, continued to deny that the military engaged in genocide against the Rohingya. RECOMMENDATIONS TO THE U.S. GOVERNMENT • Redesignate Burma as a “country of particular concern,” or CPC, for engaging in systematic, ongoing, and egregious violations of religious freedom, as defined by the International Religious Freedom Act (IRFA); • Impose targeted sanctions on Burmese military and government agencies and officials responsible for severe violations of religious freedom by freezing those individuals’ assets and/or banning their entry into the United States under human rights related financial and visa authorities, citing specific religious freedom violations; • Definitively and publicly conclude whether the ongoing and severe atrocities committed by the Burmese military meet the legal definition of crimes against humanity and/ or genocide; and • Actively support efforts to hold Burmese officials accountable through the international legal system, including assisting and strengthening the documentation of mass atrocities and pressuring American companies that have facilitated the sharing of hateful content targeting religious minorities to share information with investigative and judicial authorities. The U.S. Congress should: • Provide increased funds to support atrocity prevention programs and response efforts to address the dire humanitarian crisis of the Rohingya in Burma and countries hosting Rohingya refugees and pass legislation addressing religious freedom violations in Burma, such as the Burma Human Rights and Freedom Act. KEY USCIRF RESOURCES & ACTIVITIES • • • • Event: USCIRF Conversation on An Update on Rohingya Refugees Factsheet: The Path Towards Justice: Accountability for International Crimes Against the Rohingya of Burma Factsheet: Rohingya Refugees Hearing: Citizenship Laws and Religious Freedom 14 U S C I R F | A N N U A L R E P O R T 2 0 2 1