Recommendations to the U.S. Government Key Findings

BURMA TIER 1 | USCIRF-RECOMMENDED COUNTRIES OF PARTICULAR CONCERN (CPC) KEY FINDINGS In 2018, religious freedom conditions in Burma trended neg- the available evidence not just in Rakhine State, but also in atively, particularly for Rohingya Muslims. Despite the fact other areas heavily targeted by Burma’s military such as Kachin that Burma’s government, military, and nonstate actors have and northern Shan states, concluded that crimes against denied responsibility and largely evaded accountability for humanity and even genocide have occurred. Burma’s military widespread atrocities, the United States and its allies have and nonstate actors continued to target with discrimination imposed a handful of targeted sanctions against military and violence other religious and ethnic minorities in addition actors “for their involvement in ethnic cleansing in Burma’s to Rohingya Muslims, such as Christians. Moreover, decades Rakhine State and other widespread human rights abuses in of growing suspicion and depleted trust across religious and Burma’s Kachin and Shan States.” Victims of severe human ethnic groups have in recent years been amplified by the pro- rights and religious freedom violations have little hope for liferation of social media platforms to spread rumors, cultivate justice; this includes Rohingya and other Muslims, Buddhists, intolerance, and incite violence. In 2018, Burma’s government Christians, and Hindus, as well as ethnic Kachin, Shan, Karen, tapped into increasing nationalist fervor by continuing to tar- Rakhine, and Chin. As of January 2019, just after the reporting get critics—both domestically and internationally—including period, 911,000 mostly Rohingya Muslims resided in refugee by vilifying both peaceful expression and the media, exempli- camps in Bangladesh; more than 700,000 of these refugees fied by seven-year prison sentences for two Reuters journalists fled Burma (also known as Myanmar) because of massive mili- who reported on atrocities against Rohingya Muslims. tary crackdowns in Rakhine State in October 2016 and August Based on the systematic, ongoing, egregious violations of 2017. In January 2018, a USCIRF delegation visited Bangladesh religious freedom occurring in the country, in 2019 USCIRF to meet with Rohingya Muslim refugees and discuss their again finds that Burma merits designation as a “country of plight with the government of Bangladesh. For the Rohingya particular concern,” or CPC, under the International Religious Muslims who remained in Burma, their deprivation of rights Freedom Act (IRFA). The U.S. Department of State has desig- and ongoing humanitarian crisis has been catastrophic. In nated Burma as a CPC since 1999, most recently in November November 2017, the United States labeled the atrocities as 2018. USCIRF recommends that the State Department redes- ethnic cleansing, but only with respect to the crisis in Rakhine ignate Burma as a CPC under IRFA and maintain the existing, State. However, others—including an independent commis- ongoing arms embargo referenced in 22 CFR 126.1 of the sion created by the United Nations (UN)—who have examined International Traffic in Arms Regulations. RECOMMENDATIONS TO THE U.S. GOVERNMENT • Reinstate the designation of a and atrocities committed in Rakhine • Bringing a case before the Inter- National Emergency with respect State, Kachin State, northern Shan national Court of Justice based to Burma—terminated by executive State, and other areas, and to hold on Burma’s violations of the 1948 order in October 2016—pursuant perpetrators accountable by: Convention on the Prevention and to the International Emergency • Continuing to impose targeted Punishment of Genocide; and Economic Powers Act, 50 U.S.C. 1701- sanctions on members of Burma’s • Work with the government of Burma, 1706, in response to the ongoing and military, security forces, and non- representatives from all religious severe atrocities and multiple human- state actors for severe human rights communities (including leaders and itarian crises occurring in the country, and religious freedom violations; laypersons), and other relevant stake- including particularly severe violations • Actively supporting and cooperating holders to combat intolerance and of religious freedom, and refocus with the UN’s Independent Investiga- promote inclusivity and nondiscrim- efforts to definitively and publicly tive Mechanism for Myanmar; ination in the spirit of the Rabat Plan conclude whether such atrocities meet of Action on the prohibition of advo- • Pursuing with international part- the legal definition of crimes against cacy of national, racial, or religious ners a tribunal for both state and humanity and/or genocide; hatred that constitutes incitement to nonstate actors accused of serious • Support efforts to collect, preserve, discrimination, hostility, or violence. crimes under international humani- and analyze evidence of the crimes tarian and human rights law; and USCIRF | ANNUAL REPORT 2019 TIER 1 TIER BURMA COUNTRY FACTS FULL NAME RELIGIOUS DEMOGRAPHY Union of Burma, also known as Myanmar, or the 87.9% Buddhist Union of Myanmar 6.2% Christian 4.3% Muslim (mostly Sunni) GOVERNMENT 0.8% Animist Parliamentary Republic 0.5% Hindu POPULATION 0.2% Other (including traditional Chinese and indigenous 55,622,506 religions, Jews, and others) 0.1% None GOVERNMENT-RECOGNIZED RELIGIONS/FAITHS *Estimates compiled from the CIA World Factbook and the U.S. Buddhism, Christianity, Islam, Hinduism, and Animism Department of State BACKGROUND the upcoming 2020 general elections. While political In 2018, Burma’s government continued to perpetrate, considerations alone do not explain the calculations tolerate, and deny its role in religious- and ethnic-based that the NLD, the opposition Union Solidarity and discrimination and violence against vulnerable com- Development Party, and the military make in response munities. The country’s democratic form of government to human rights concerns, they do contribute to their is aspirational, with a constitution that advances Bud- posturing vis-à-vis one another. dhism as the de facto state religion and longstanding During the year, there were reports that the Ministry institutionalized discrimination against anyone not of Religious Affairs and Culture issued orders restricting belonging to the majority Bamar ethnic group or the the instruction of Islam and Christianity to govern- majority Buddhist faith. ment-approved houses of worship and limiting such The ruling National League for Democracy (NLD) instruction to the Burmese language, which is not the first government faced mounting criticism in 2018 not only language of many religious and ethnic minorities. Addi- for its silence and inaction about multiple human rights tional reports suggested that the General Administration and humanitarian crises, including against Rohingya Department (GAD), the body within the military-con- Muslims in Rakhine State, but also for its actions in trolled Ministry of Home Affairs in charge of the vast Kachin and northern Shan states. For de facto leader civil service apparatus, similarly ordered restrictions on State Counsellor Aung San Suu Kyi, the criticism came Islamic teaching. to a head during the year when several organizations In addition to examining conditions in Rakh- within the international community rescinded awards ine State, the UN actively monitored developments and honors previously bestowed upon her, including the countrywide throughout 2018. In her February 2018 United States Holocaust Memorial Museum. Its com- end-of-mission statement, UN Special Rapporteur on plex relationship with the military—which still controls the situation of human rights in Myanmar Yanghee Lee many important governing levers—is often misunder- stressed the themes of belonging and equality for ethnic stood. Some observers characterized the NLD’s win of minorities and noted the military’s history of attacks on only seven of 13 seats contested in the November 2018 places of worship. In April 2018, the UN secretary-general by-elections as a harbinger of the party’s chances in appointed Swiss diplomat Christine Schraner Burgener USCIRF | ANNUAL REPORT 2019 TIER 1 TIER BURMA as special envoy on Myanmar; she made her first visits 2017 waves of violence “the authorities rape, burn, and kill to Burma and Bangladesh in that role in June. The UN’s them.” Some of the refugees showed USCIRF their freshly Independent International Fact-Finding Mission on healed wounds—from gunshots and burns—inflicted by Myanmar—whose mission included Kachin, Rakhine, Burma’s military and security forces. and Shan states—released In June 2018, rainy preliminary findings in season landslides proved August 2018 and its full deadly in the crowded [A UN-commissioned report concluded] report in September, con- refugee camps of Ban- that Burma’s top military leaders cluding that Burma’s top gladesh; in one incident, should be investigated and military leaders should be at least a dozen women prosecuted for genocide, investigated and prose- and children died and, noting circumstances suggesting cuted for genocide, noting according to the UN, their “genocidal intent.” circumstances suggesting monsoon rains washed their “genocidal intent.” away at least 9,000 refu- In December 2018, gees’ shelters. Refugees the UN General Assembly overwhelmingly approved also continued to battle malnutrition, unsanitary con- a resolution regarding human rights in Burma, which ditions, and disease. Conditions for Rohingya Muslims noted the situation

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