Burma’s identity crisis How ethno-religious nationalism has led to religious intolerance, crimes against humanity and genocide May 2019 Daniel Sinclair/CSW February 2019 For public use Burma’s Identity Crisis Explanatory note CSW has always used the name ‘Burma’, rather than the official name of the country, ‘Myanmar’, and continues to do so. Ever since the military regime changed the name to Myanmar in 1989, one year after the bloody suppression of pro- democracy demonstrations, Aung San Suu Kyi and the National League for Democracy (NLD), and many of the country’s ethnic nationalities, requested the international community not to adopt the military’s name, arguing that the regime had no mandate to change the name of the country. Although Aung San Suu Kyi and the NLD are now in government, it is unclear what their wishes are, and so we tend to use Burma and Myanmar interchangeably, depending on the context. In this report we use Burma throughout, except when directly quoting sources which themselves use Myanmar. Similarly we use the name ‘Rangoon’ for the country’s formal capital and major city, except where the official name ‘Yangon’ is used in direct quotations. Much of the research for this report was conducted first hand by CSW, through visits to Burma and its borders, interviewing ethnic and religious minorities, Buddhist monks, civil society and refugees. However, given the scale of the topic, and limitations on access to some areas, we have referred to information researched and published by other human rights groups and international organisations, notably the United Nations, the US Commission on International Religious Freedom, Amnesty International, Human Rights Watch, Fortify Rights and the Burma Human Rights Network. Whenever we have included material published by another organisation, we have cited and acknowledged it fully. This report is, therefore, a combination of CSW’s own first-hand research and a synthesis of information from other sources. CSW is grateful to several partners in Burma who assisted with research for this report. For security reasons we are unable to name them, but we wish to acknowledge their contribution. CSW also wishes to acknowledge the contribution of Johnny Patterson to the research and writing of this report. Kachin Sagaing Myanmar Chin Shan Mandalay Magwe Rakhaing Kayah Bago Kayin Ayeyarwady Yangon Mon Tanintharyi 3 Burma’s identity crisis Contents Executive summary 6 Human rights violations against Muslims 36 Vulnerability to violence 56 Religious persecution in Wa Incidents of mass inter-communal violence 56 territory 78 Recommendations 8 Human rights violations Evaluation: Violations of against Muslims pre-2011 37 Violence in 2012 56 Introduction 9 freedom of religious assembly 78 Human rights violations Displacement and blocks on Sources of intolerance 12 Imposition of Buddhist infrastructure 80 against Muslims since 2011 37 aid in 2012 57 Buddhist nationalist theology 13 Coerced conversion to Buddhism: Targeting and boycotting Treatment of refugees after the 2012 Burma’s political history and Na Ta La schools 80 of Muslim businesses 38 violence 57 the rise of Buddhist nationalism 14 Obstruction of Muslim Violence in 2016 58 Institutionalised discrimination The politicisation of Buddhism under the military 14 religious practice 38 Violence in 2017 59 on the basis of religion 81 The rise of Buddhist nationalism since 2011 15 The demolition of Muslim Burmese government reaction 60 Intimidation and violence against Christians 81 Defending Buddhism homes and schools 40 Analysis: Crimes against humanity and genocide 60 Violations as a result of ongoing against the Muslim ‘enemy’ 16 Discrimination in the judicial system Conclusion 62 military presence in ceasefire areas 82 The rise of the 969 movement and Ma Ba Tha 17 and other human rights abuses 40 Conclusion 83 Buddhist nationalism and Christianity 18 Incidents of mob violence since 2013 41 Discrimination, restrictions The power of Ma Ba Tha and Mob violence since 2013 43 and persecution of Christians 63 The international community’s response 84 extremist nationalism 18 Manufactured spontaneity: external Background: Christianity in Burma 64 Special Rapporteur on the situation of human Government patronage 18 actors directly inciting violence 43 Discrimination, restriction and rights in Myanmar 85 Censorship and the media 20 External actors shaping local community persecution under the State Peace UN Human Rights Council and General Assembly 86 A multimedia platform for hate speech 21 perceptions 44 and Development Council 64 The Universal Periodic Review 88 Violence fosters hate speech in Meiktila 24 Weak rule of law and Forced conversion 65 Evaluating the United Nations’ response 88 Limits on intolerance and the a complicit government 44 Church closures and restrictions 65 Other international actors 88 decline of Ma Ba Tha in 2016-2017 24 The geographies and factors which Arrests of Christians 66 Evaluating international action 89 Conclusion 26 precipitate inter-communal tension 45 Comparing Meiktila and Mandalay 45 Destruction of crosses and churches, and violence against Christians 66 Discriminatory legal framework 27 Economic grievances push people to violence 45 Conclusions 92 Karen State 66 Social concord hampers attempts to incite Introduction 28 Karenni State 67 The 2008 constitution 28 violence 46 Chin State 67 Protection of freedom of Violence causes violence 46 Kachin State 67 religion or belief is too vague 28 Conclusion 46 The Nagas 68 The Tatmadaw has too much power 29 Conclusion 68 Freedom of religion or belief The persecution of the Rohingyas 48 for all is not protected 29 History of the Rohingyas 49 Human rights violations since 2011 68 Section 295 of the penal code 30 The Rakhine: The marginalised The Four ‘Race and Religion’ Laws 30 become the oppressors 50 Kachin State and Northern Shan State 68 Religious Conversion Law 31 Hate speech and rumour 51 Killing 69 Buddhist Women’s Special The Arakan National Party 52 Arbitrary detention and torture 70 Marriage Law 32 Layers of discrimination 52 Targeted religious persecution 73 Population Control Healthcare Law 32 A stateless people 52 Rape and sexual violence 74 Other discriminatory legislation 33 Connotations of statelessness 53 Internal displacement and the destruction of homes 75 1982 Citizenship Law 33 Forced labour 53 Humanitarian aid blocks 75 Law relating to the Right of Peaceful Restrictions on freedom Assembly and Peaceful Procession 33 of movement 54 Legal immunity 75 Section 505(b) of the penal code 34 Sexual violence 54 Conclusion 76 Telecommunications Act (2013) 34 Targeted religious persecution 55 Violations of freedom of religion or belief outside Kachin and Northern Shan State 77 Conclusion 35 Birth spacing 55 Restrictions on the construction Arbitrary detention 56 and renovation of Christian infrastructure 77 4 5 Burma’s identity crisis Executive summary Burma (Myanmar) has been ruled for over half a century by a succession of military regimes which have The Union recognizes the special position of Buddhism as the faith consistently committed grave violations of human rights. Burma has also endured over 60 years of civil war between the military and many of the ethnic nationalities who seek autonomy and federalism. In 2015 a new professed by the great majority of the citizens of the Union. civilian government was elected, in the first credible democratic elections in a quarter of a century; and the leader of the country’s democracy movement, Aung San Suu Kyi, a Nobel Peace Prize Laureate who spent 15 years Article 361 of the 2008 constitution cumulatively under house arrest, became the de facto head of government. Hopes were raised that a new era of democracy had arrived, in which human rights would be protected and peace achieved. After just three years in The arduous process of peacebuilding and national reconciliation can office, those hopes have been dashed as repression and the abuse of human rights continue, and peace seems only advance through a commitment to justice and respect for human further away than ever. Instead of democratisation, Burma has witnessed genocide and crimes against humanity. rights…The future of Myanmar must be peace, a peace based on At the heart of Burma’s conflict is the question of its identity In Burma, religion and ethnicity are intertwined and very – a question reflected in the continuing debate over the difficult to separate. Many of the violations of freedom of respect for the dignity and rights of each member of society, respect name of the country. Does Burma wish to be a multi-ethnic, religion or belief in Burma occur in the context of ethnic and for each ethnic group and its identity, respect for the rule of law, and multi-religious society in which the diversity of different political conflict. At times cases of religious discrimination ethnicities and religions is celebrated and people of all races and persecution are clear to see; at other times it is difficult respect for a democratic order that enables each individual and every and religions are granted equal rights, or does it wish to be to differentiate between religious and racial hatred or, group – none excluded – to offer its legitimate contribution to the a Burman, Buddhist nation which at best tolerates non- especially in the case of the military, between religiously- Burmans and non-Buddhists, or worse, seeks to repress, motivated violence and the wider conflict. It is also important common good. restrict and drive them out? Does it wish