BURMA TIER 1 | USCIRF-RECOMMENDED COUNTRIES OF PARTICULAR CONCERN (CPC) KEY FINDINGS The year 2016 marked a historic and peaceful transition of gov- Muslims—tens of thousands of whom are currently displaced— ernment in Burma, also known as Myanmar. Yet while the political are stateless and vulnerable, and many Christians are restricted handover occurred without incident, conditions during the year from public worship and subjected to coerced conversion to continued to decline for Rohingya Muslims, as well as for other Buddhism. Given that the National League for Democracy (NLD) religious and ethnic minorities. In addition, fresh and renewed government has allowed systematic, egregious, and ongoing vio- fighting in some ethnic areas highlighted the schism between lations of freedom of religion or belief to continue, USCIRF again Burma’s civilian-controlled leadership and the military, which finds that Burma merits designation as a “country of particular controls three powerful ministries and significant portions of the concern,” or CPC, in 2017 under the International Religious Free- economy. Although the circumstances and root causes driving dom Act (IRFA). The State Department has designated Burma the ill treatment of religious and ethnic groups differ, there are as a CPC since 1999, most recently in October 2016. Non-state two common elements: (1) the outright impunity for abuses and actors such as Ma Ba Tha and other nationalist individuals and crimes committed by the military and some non-state actors, and groups do not meet the definition of an “entity of particular con- (2) the depth of the humanitarian crisis faced by displaced per- cern” under the Frank Wolf International Religious Freedom Act sons and others targeted for their religious and/or ethnic identity. (P.L. 114-281), but merit continued international scrutiny for their Due to both governmental and societal discrimination, Rohingya severe violations of religious freedom and related human rights. RECOMMENDATIONS TO THE U.S. GOVERNMENT • Continue to designate Burma as a CPC of inquiry or similar independent religious and ethnic minorities, including under IRFA; mechanism to investigate the root citizenship for the Rohingya population • Enter into a binding agreement with the causes and allegations of human rights through the review, amendment, or government of Burma, as authorized violations in Rakhine, Kachin, and Shan repeal of the 1982 Citizenship Law or under section 405(c) of IRFA, setting states and other conflict areas, and to some other means, and support the forth mutually agreed commitments that hold accountable those responsible— proper training of local government would foster critical reforms to improve including members of the military and officials, lawyers, judges, police, and religious freedom and establish a path- law enforcement—for perpetrating or security forces tasked with implement- way that could lead to Burma’s eventual inciting violence against civilians, par- ing, enforcing, and interpreting the rule removal from the CPC list, including but ticularly religious and ethnic minorities; of law; not limited to the following: • Encourage Burma’s government to • Press for at the highest levels and work • Taking concrete steps to end violence become party to the International Cove- to secure the unconditional release of and policies of discrimination against nant on Civil and Political Rights; prisoners of conscience and persons religious and ethnic minorities, includ- • Engage the government of Burma, detained or awaiting trial, and press ing the investigation and prosecution the Buddhist community (especially its Burma’s government to treat prisoners of those perpetrating or inciting leaders), religious and ethnic minori- humanely and allow them access to violence; and ties (including Rohingya Muslims and family, human rights monitors, adequate medical care, and lawyers and the ability • Lifting all restrictions inconsistent with Christian communities), and other to practice their faith; and international standards on freedom of actors who support religious freedom, religion or belief; tolerance, inclusivity, and reconciliation, • Use targeted tools against specific to assist them in promoting understand- officials, agencies, and military units • Continue to encourage Burma’s gov- ing among people of different religious identified as having participated in or ernment to allow humanitarian aid and faiths and to impress upon them the being responsible for human rights workers, international human rights importance of pursuing improvements abuses, including particularly severe monitors, and independent media con- in religious tolerance and religious violations of religious freedom, such as sistent and unimpeded access to conflict freedom in tandem with political adding further names to the “specially areas, including in Rakhine, Kachin, and improvements; designated nationals” list maintained by Shan states and other locations where the Treasury Department’s Office of For- displaced persons and affected civilian • Use the term “Rohingya” both publicly eign Assets Control, visa denials under populations reside, and direct U.S. assis- and privately, which respects the right section 604(a) of IRFA and the Global tance to these efforts, as appropriate; of Rohingya Muslims to identify as they choose; Magnitsky Human Rights Accountability • Support efforts by the international Act, and asset freezes under the Global • Encourage crucial legal and legislative community, including at the United Magnitsky Act. Nations, to establish a commission reform that strengthens protections for U.S. COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM | ANNUAL REPORT 2017 www.USCIRF.gov | [email protected] | @USCIRF TIER 1 TIER BURMA BACKGROUND sought to deny rights to Rohingya Muslims pointed to Decades after the military’s ruthless divide-and-rule a presumed increase in the country’s Muslim popula- tactics fomented deep social cleavages, peace and cohe- tion to justify their brutal words and actions. However, sion across Burma remain elusive under the new NLD given that previous estimates of the Muslim population government as it faces numerous religious and ethnic were approximately 4 percent (including the last official challenges, several of which it inherited from the previous census in 1983, which estimated 3.9 percent), the 2014 government. On March 30, 2016, the new government census discredited these claims. took power under the direction of State Counsellor Daw In an ongoing period of rapid and dramatic change Aung San Suu Kyi, a Nobel laureate who came into office in Burma, the primacy of Buddhism at the expense of facing high hopes and expectations, and her close ally, religious and ethnic minorities—particularly Rohingya President Htin Kyaw. Since that time, the NLD has been Muslims—continues. During the year, the government confronted by rising formed two key bodies to nationalism and nativism address the myriad chal- while attempting to forge lenges in Rakhine State. [T]he primacy of Buddhism at the the foundations of lasting On May 31, the President’s expense of religious and peace through the 21st Office announced the ethnic minorities—particularly Century Panglong Confer- Central Committee for Rohingya Muslims—continues. ence. Since 2011, increased Implementation of Peace conflict between Burma’s and Development in military and ethnic armed Rakhine State, led by State groups resulted in more than 240,000 people being dis- Counsellor Aung San Suu Kyi and tasked with developing placed in “camps or camp-like situations in Kachin, Shan plans to address poverty issues. On August 23, the State and Rakhine” states, according to the United Nations Counsellor’s Office announced a nine-member Advisory (UN) Office for the Coordination of Humanitarian Affairs. Commission on Rakhine State led by former UN Sec- On July 21, 2016, Burma’s Ministry of Labor, retary General Kofi Annan and launched in September Immigration and Population released religion data 2016. Some in Rakhine State, including members of the collected during the 2014 nationwide census. Based on Arakan National Party and civil society, expressed strong these figures, of the total 51.4 million population, nearly dissatisfaction about the Annan Commission having 90 percent of the population is Theravada Buddhist, three foreigners among its members, including Annan. more than 6 percent Christian, more than 4 percent Some Buddhist nationalists from groups like the Muslim, and less than 1 percent each is Hindu, animist, Organization for the Protection of Race and Religion, also or another faith. The previous government withheld known as Ma Ba Tha, and the Myanmar Nationalist Net- the religion data for fear it would reveal a dramatic work staged a number of protests around the country over increase in the Muslim population. In fact, some who the Annan Commission, the use of the term “Rohingya,” U.S. COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM | ANNUAL REPORT 2017 www.USCIRF.gov | [email protected] | @USCIRF TIER 1 TIER BURMA and other issues. In a positive sign, some residents took a law enforcement facilities and resulting in the deaths stand both online and in person against these nationalist of nine police officers. In response, Burma’s military protests. While the momentum of nationalist sentiment and law enforcement instituted a sweeping clearance appeared to diminish when the State Sangha Maha operation that cut off humanitarian aid and restricted Nayaka Committee (the official monk-led association)