Legal framework on freedom of religion and actual application
The 2008 Constitution of Myanmar (also known as Burma), protects freedom of religion for citizens, stating in Article 34 that, “Every citizen is equally entitled to freedom of conscience and the right to freely profess and practise religion subject to public order, morality or health and to the other provisions of this Constitution.” However, although the Constitution recognizes Christianity, Islam, Hinduism and Animism as “the religions existing in the Union at the day of the coming into operation of this Constitution,” Article 361 recognises the “special position of Buddhism as the faith professed by the great majority of the citizens of the Union.”
Article 364 forbids “the abuse of religion for political purposes” and states that “any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to this Constitution. A law may be promulgated to punish such activity.”
In addition to the Constitution, Sections 295, 295A, 296, 297 and 298 of the Penal Code relate to religion and prohibit religious offence or insult. They are similar to blasphemy laws in other countries. Section 295 relates to acts that destroy, damage or defile a place of worship; section 295A refers to insulting religion; section 296 refers to causing a disturbance to a religious gathering; section 297 relates to trespass into a place of worship; and section 298 refers to insulting the religious feelings of a person. All these carry with them prison sentences and fines of between one and two years.
In 2015, the previous government of Myanmar introduced a package of four laws known as the “Protection of Race and Religion” laws, which remain in effect today. They include legislation that provides registration requirements for marriages between non-Buddhist men and Buddhist women, stipulating obligations to be observed by non-Buddhist husbands and penalties for non-compliance, and regulations on religious conversion and a requirement for conversions to be approved by a government body.
Article 121 (i) bans members of “religious orders”, such as priests, monks, and nuns, from all religions, from running for public office, and the constitution bars members of religious orders from voting (Article 392, a). The government restricts by law the political activities and expression of the Buddhist clergy (sangha). The constitution forbids “the abuse of religion for political purposes.”
The Department for the Perpetuation and Propagation of the Sasana (Buddhist teaching) of the Ministry of Religious Affairs oversees the government’s relations with Buddhist monks and schools, and the State Sangha Monk Coordination Committee (SSMNC) oversees the nine religious orders approved in the country. The government bans any organization of Buddhist monks other than the nine state-recognised monastic orders.
Incidents
On 1 February 2021, the military in Myanmar overthrew the democratically elected civilian government, declared a state of emergency, and created a State Administrative Council (SAC), which is a military regime led by the Commander-in-Chief of the armed forces, Senior General Min Aung Hlaing. The civilian-led government, headed by Aung San Suu Kyi and her party, the National League for Democracy (NLD), had been re-elected to a second term in elections in November 2020 with an overwhelming majority, but was overthrown in the coup d’état just before it formed the new government.
The coup resulted in a new period of intense repression of human rights throughout the country. According to the Assistance Association of Political Prisoners (AAPP), as of 4 November 2022 at least 16,089 arrests have been made since the takeover, 12,879 people remain in detention, and 2,413 people have been killed. According to the United Nations Children’s Fund (UNICEF), as of 26 September 2022, the number of internally displaced people reached 1,347,400, including 1,017,000 displaced since the military overthrow. The United Nations Special Rapporteur on human rights in Myanmar, Thomas Andrews, has described the human rights situation in the country as having gone from “bad to worse to horrific”. As the military regime pursues a relentlessly brutal crackdown against pro-democracy groups and an intensifying offensive against ethnic communities, at least 28,000 homes have been destroyed and 13,000 children killed since the coup took place.
In this context, freedom of religion or belief has been directly affected in two ways: first, the military has long been associated with an extreme Burman Buddhist nationalist agenda which is intolerant of non-Burman ethnic groups and non-Buddhist religious groups; and second, places of worship are targeted because they are key community centres, and religious leaders are targeted because they are key community leaders, associated with civil society, humanitarian relief and resistance groups.
During this reporting period, there have been many instances of Christian churches being attacked. According to Radio Free Asia, at least 132 religious buildings have been destroyed in Myanmar since the coup, including at least 66 churches destroyed in Chin State and 21 in Kayah State. Often the pretext given by the army for such attacks was that the Churches were harbouring, or in some way connected with, resistance fighters. One Kayah Christian leader said the regime deliberately targeted religious buildings outside of combat zones: “They are attacking the churches intentionally to suppress the spirit of Christian people by attacking their sacred churches”.
Targeted attacks were not new. Prior to the administration headed by Aung San Suu Kyi taking over, the ruling junta had implemented a campaign focused on bringing non-Burman ethnic tribes into obedience. This had a religious element as Christianity was more prevalent in the tribal areas – and even then, there were reports of the army torching churches. Kayah State, where 75 percent of the inhabitants are from ethnic minorities, has the highest percentage of Christians. There are over 90,000 Kayah Catholics, making up more than a quarter of the 355,000 inhabitants of the State, as well as a significant number of Baptists.
On 8 March 2021, Sister Ann Nu Tawng knelt before armed police, begging them not to shoot young protestors sheltering in the compound of St Colomban’s Cathedral in Myitkyina, the capital of Kachin State. Images of the sister from the Congregation of St Francis Xavier in Myitkyina Diocese went around the world. But, as she knelt, police opened fire on the unarmed protestors behind her. Two were killed and seven others were injured. Sister Tawng previously made a similar plea for mercy on 28 February.
On 14 March – the same day that it was reported that up to 50 people were killed when government forces opened fire on unarmed protesters – Cardinal Charles Maung Bo, leader of the country’s Catholics, made a fresh appeal for peace: “The killings must stop at once. So many have perished.”
On 24 May, military forces bombed the Sacred Heart Church in Kayan Tharyar, Kayah State, killing four people who had taken refuge there. Following this attack, Cardinal Charles Bo, Archbishop of Yangon, issued a statement asking the junta not to target places of worship. Four days later, on 28 May, Myanmar army troops fired on St Joseph’s Church in Demoso, Kayah State, and killed two men collecting food for internally displaced people.
In June, the Church of Mary Queen of Peace in Daw Ngan Kha, Kayah State, was attacked and badly damaged by artillery fire. Also this month, three Christian pastors were arrested in Kachin State for organising a prayer service for “peace in Myanmar”. They were finally released in October.
On 3 August, Burmese soldiers occupied and profaned two churches in Chat village, Chin State. At St John’s RC Church soldiers opened the tabernacle and threw consecrated hosts on the floor before trampling them. Cabinets and other furniture were destroyed, and similar damage occurred in Chat’s Baptist Church.
In September, a Baptist pastor, Cung Biak Hum, was shot and killed by Myanmar army soldiers while he attempted to extinguish a fire caused by artillery fire.
On 7 September the military junta released Ashin Wirathu from prison. A controversial Buddhist monk who “founded a nationalist organisation that was accused of inciting violence against Muslims”, Wirathu espouses a militant view that “justifies the use of force against religious and cultural others, and supports authoritarian regimes”. Although significant, his release should not be overstated. Myanmar’s Buddhist sangha is not uniform it its positions. Some monks, for example, protested on the streets following the military takeover with others arrested for anti-junta activities. But for “Buddhist nationalists who have backed the army and its crackdown, the coup has presented opportunities”. The November 2020 national election campaign saw “the military-backed USDP party explicitly adopt nationalist themes in its election slogans, including ‘protecting religion’”.
On 16 September in Mandalay, armed men in plain clothes, accompanied by uniformed soldiers arrested Reverend Thian Lian Sang, an ethnic Chin pastor, and searched his home where they confiscated money and cell phones belonging to the Church and his family.
In October, seven humanitarian aid workers from the Catholic aid agency Caritas (Karuna) were arrested during a mission to provide relief to internally displaced peoples in Kayah State.
On 29-31 October, an incendiary rocket attack by the Myanmar army on the town of Thantlang, Chin State, set fire to several buildings. Multiple churches, an orphanage housing more than 20 children and their caretakers, the offices of two non-governmental organisations (NGOs), Save the Children and the Chin Human Rights Organization (CHRO), and more than 100 homes were destroyed. The attack began on 29 October when members of the army torched a building attached to Thantlang Baptist Church - the largest congregation in town and the first building fired upon - as well as the pastor’s home and Synod offices of the Presbyterian Church. The Myanmar army also burnt the Pentecostal Church on the Rock.
Christmas Eve, 24 December 2021, at least 35 civilians were burned alive by the Myanmar army in Mo So village, near Hpruso town, Kayah State. Sources also reported that the soldiers used civilians as human shields and planted landmines around the village. Bodies of the victims, including elderly people and children, were discovered on Christmas Day. Cardinal Bo issued a heartfelt statement on 26 December, saying: “I call on the military to stop bombing, shelling and killing. I call on the democracy movement and the ethnic armed groups to strive earnestly for peace. And I pray from the very depths of my heart for an end to the tragedies we have seen in recent days and weeks and for too many years and decades.” He prayed for a new dawn for Myanmar and for “the souls of those so brutally murdered.”
In February 2022, soldiers arrested two Catholic priests – Fr John Paul Lwel and Fr John Bosco – transporting relief supplies to Le Htun village, Shan State. No reason was given for their arrest.
On 8 March, Burmese military targeted a church and convent on the outskirts of Demoso, Kayah State. The Church of Our Lady of Fatima in Saun Du La village suffered damage from an airstrike. A few days later, the convent of the Sisters of Reparation, where there is a respite home and hospital, was bombed.
On 8 April, around 40 soldiers stormed Sacred Heart Cathedral, Mandalay during a Lenten service placing Archbishop Marco Win Tin, diocesan priests and cathedral staff under house arrest. Troops detained the congregation for around three hours. Soldiers remained in the cathedral throughout the night, saying they were searching for weapons. No arms were found.
In July, a Catholic church, the Mother of God Church in Mobye in southern Shan State, was desecrated when approximately 50 soldiers occupied the building, used it as a kitchen, and laid landmines around the church.
On 3 November, a Bible School run by Kachin Christians in Kutkai, Shan State was shelled, and four people were injured.
While assaults on Christian churches, clergy, laity and organisations have escalated significantly since the coup, severe violations of freedom of religion or belief against Muslims continue. On 21 March 2022, US Secretary of State Antony Blinken officially recognised that Myanmar’s military was committing genocide against the predominantly Muslim Rohingyas. According to the UNHCR, over 153,000 Rohingyas are displaced inside Myanmar, the majority living in camps controlled by the regime. An additional 700,000 fled to Bangladesh following the atrocities in 2017, and it is estimated that there are almost a million in total living as refugees in Bangladesh.
Buddhists who dissent either from the military’s rule or the extremist Buddhist nationalist agenda also face persecution. Buddhist monasteries perceived to be associated with pro-democracy activities have been raided, and several monks are now in prison. According to Radio Free Asia, nearly 40 Buddhist monks have been killed and almost 40 jailed since the coup. In November 2021, for example, a court extended by two years the prison sentence of prominent Buddhist monk Ashin Thawbita, who had been charged with violating a clause relating to defamation in the telecommunications law, due to comments on social media about the military. In October 2022, Ashin Ariya Wun Tha Bhiwun Sa, better known as Myawaddy Sayadaw, a prominent Buddhist monk from Mandalay, died in Thailand. Myawaddy Sayadaw had been a very active voice against the regime and against the extremist Buddhist nationalist agenda. He was arrested and jailed a few days after the coup on 1 February 2021 but following his release in August 2021 he fled to Thailand.
Pope Francis has shown consistent interest and concern about the situation in Myanmar. On 16 May 2021 he celebrated a special Mass in St Peter’s Basilica in Rome for the Myanmar community, and on the first anniversary of the coup he devoted prayers for Myanmar. He has spoken about the situation on other occasions as well, and in 2017 became the first pontiff ever to visit the country. He also received Myanmar’s pro-democracy leader and elected head of government, Aung San Suu Kyi, at the Vatican in Rome and established diplomatic relations between the Holy See and Myanmar. In October 2022, Pope Francis condemned the bombing of a school in Sagaing region in which 11 children were killed. He said: “This week I heard the cry of grief at the death of children in a bombed school. We see that in today’s world there is a trend for bombing schools. May the cry of these little ones not go unheard! These tragedies must not happen!”
Prospects for freedom of religion
The military coup of 1 February 2021 was a severe setback for prospects of freedom of religion or belief in Myanmar. Even during the prior period of political liberalisation and quasi-democracy from 2012 - 2022, religious intolerance emerged as an escalating threat to peace and security in the country. Societal prejudices and tensions also became more deeply entrenched and intense as evidenced by the rise of anti-Muslim hate speech, sporadic anti-Muslim violence across the country and finally the genocide of the Rohingyas.
Nevertheless, the period of comparative political opening did create space for a combination of inter-faith dialogue initiatives, campaigns to counter hate speech, activities by civil society and advocacy for reforms to discriminatory legislation which could, over time, have helped counter religious intolerance and promote freedom of religion or belief. Under the military regime, such space now has been closed and this, combined with a dictatorship fuelled in part by an ethno-religious nationalist ideology, means freedom of religion will continue to be severely threatened. As long as human rights including the equal rights of Myanmar’s diverse ethnic communities and religious traditions are not respected, the prospects for religious freedom in Myanmar are dire; persecution is expected to continue and intensify, with further atrocities and humanitarian crises to come.
Myanmar (Burma)