Freedom of Religion in Burma - Status of Religious Freedom - Legal and Policy Framework

Legal and Policy Framework

Highly authoritarian military regimes have ruled the country since 1962. The current military government, the State Peace and Development Council (SPDC), has governed without a constitution or legislature since 1988. Most adherents of religious groups that register with the authorities generally are allowed to worship as they choose; however, the Government imposes restrictions on certain religious activities and frequently abuses the right to religious freedom.

Although about 90% of the populace adhere to Theravada Buddhism and another 1% to Mahayana Buddhism, there is no official state religion. However, since independence, successive governments, both civilian and military, have supported and associated themselves conspicuously with Buddhism. Most famous of all would be the first prime minister of independent Myanmar, U Nu. In 1961 the Government's push to make Buddhism the state religion failed due to protests by religious minorities. The Ministry of Religious Affairs includes a Department for the Promotion and Propagation of Sasana (Buddhist teaching).

State-controlled news media frequently depict or describe government officials paying homage to Buddhist monks, making donations at pagodas throughout the country, officiating at ceremonies to open, improve, restore, or maintain pagodas, and organizing ostensibly voluntary "people's donations" of money, food, and uncompensated labor to build or refurbish Buddhist religious shrines throughout the country. State-owned newspapers routinely feature front-page banner slogans quoting from Buddhist scriptures. The Government has published books of Buddhist religious instruction.

The Department for the Perpetuation and Propagation of the Sasana handles the Government's relations with Buddhist monks and Buddhist schools. The Government continues to fund two state Sangha universities in Yangon and Mandalay to train Buddhist monks under the control of the state-sponsored State Monk Coordination Committee ("Sangha Maha Nayaka Committee" or SMNC). The state-sponsored International Theravada Buddhist Missionary University (ITBMU) in Yangon, was opened in 1998 to "share the country's knowledge of Buddhism with the people of the world." The main language of instruction is English. The University also teaches non-citizens about Theravada Buddhism.

Since the 1960s Christian and Islamic groups have had difficulty importing religious literature into the country. All publications, religious and secular, remain subjected to control and censorship. It is illegal to import translations of the Bible in indigenous languages. Officials have occasionally allowed local printing or photocopying of limited copies of religious materials, including the Qur'an (with the notation that they were for internal use only) in indigenous languages without prior approval by government censors.

Virtually all organizations, religious or otherwise, must register with the Government. A government directive exempts "genuine" religious organizations from official registration; however, in practice only registered organizations can buy or sell property or open bank accounts. These requirements lead most religious organizations to seek registration. Religious organizations register with the Ministry of Home Affairs with the endorsement of the Ministry for Religious Affairs. Leaders of registered religious groups have more freedom to travel than leaders of unrecognized organizations and members of their congregations.

Religious affiliation is indicated on government-issued identification cards that citizens. Citizens are also required to indicate their religion on official application forms, such as passports.

Muslims in Rakhine State, on the western coast, and particularly those of the Rohingya minority group, continued to experience the severest forms of legal, economic, educational, and social discrimination. The Government denies citizenship status to Rohingyas because their ancestors allegedly did not reside in the country at the start of British colonial rule, as required by the country's citizenship law. The Muslims assert that their presence in the area predates the British arrival by several centuries. On April 2, 2007, five U.N. Special Rapporteurs and an Independent Expert called on the Government to repeal or amend its 1982 Citizenship Law to insure compliance with international human rights obligations. Without citizenship status, Rohingyas do not have access to secondary education in state-run schools because the Government reserves secondary education for citizens only,

Official public holidays include numerous Buddhist holy days in accordance to the Buddhist majority, as well as some Christian, Hindu, and Islamic holy days.

The Government made some efforts to promote mutual understanding among practitioners of different religious groups.

In October 2006 Minister of Religious Affairs Brigadier General Thura Myint Maung, invited leaders from the four main religious groups (Buddhist, Muslim, Christian and Hindu) to a meeting in which the Minister denounced the 2006 Annual Report on International Religious Freedom. He told the religious leaders they knew there was freedom of religion in the country and claimed the Government always granted permits for religious gatherings and permitted renovations of mosques and churches. The Muslim leaders reportedly asked the Minister to unseal mosques in the central region that the Government closed following communal riots in earlier years and for permission to complete madrassahs that were under construction. The leaders reportedly were required to sign statements that they enjoyed religious freedom and were requested to write a letter stating that their religious communities were allowed to practice their faith freely in the country, which the ministry would display on its official website. During a discussion that followed, the representatives of the Islamic Religious Affairs Council (IRAC) stated that while there had been progress on some religious matters, there was room for further improvement. The Minister reportedly stopped further discussion and adjourned the meeting abruptly.