A rising Buddhist
nationalist movement has lobbied for the bills, in particular the
‘Organisation for the Protection of Race and Religion’ (known in Myanmar under
the Burmese acronym ‘Ma Ba Tha’), a group related but not identical to the
infamous 969 movement. The organisation has collected more than a million
signatures in support of the laws meant to protect Buddhism against a perceived
threat from Islam.
Since 2012, Myanmar has been
marred by ethno-religious violence,
particularly against the Muslim Rohingya population in Rakhine state but also
against Muslim communities in other parts of Myanmar. More than a hundred
thousand people have fled their homes, hundreds have been killed and thousands
of Muslim owned houses and businesses have been torched and destroyed. The
proposed Ma Ba Tha laws must be viewed in light of this violence.
Anti-Muslim sentiments are
not new to Myanmar. Since colonial times, when Myanmar saw massive immigration
from India, there have been numerous attacks on Hindu and Muslim communities,
and Buddhist nationalism has been able to equate itself with national identity.
The danger today is that
Buddhist nationalist agitation appears at a time where political interests wish
to exploit anti-Muslim sentiments for political gain. Emphasis on religious
cleavages during the election year may take the focus away from the democratic
deficit within Myanmar’s constitution and the armed forces (the Tatmadaw) and serve the interests of
undemocratic forces.
The proposed legislative
package consists of four bills:
a Buddhist women’s marriage bill; a religious conversion bill; a population
control bill; and a monogamy bill. These Ma Ba Tha laws have received much
criticism from rights groups and women’s organisations in Myanmar and abroad.
180 Myanmar civil society groups
have voiced their opposition to the bills in a signed statement to
the parliament.
The marriage bill is
particularly criticised for its disempowerment of Buddhist women. While it
purports to protect them, it stands out as a paternalistic attempt to control
them. It states that a Buddhist woman must seek the permission of her parents
or a legal guardian to marry a man of a different faith. The township
authorities must also approve the marriage after it has been publically
announced for two weeks, allowing for objections to the interfaith marriage.
Also problematic from a human
rights point of view is the conversion bill, which forbids conversion to
another religion for people under the age of 18. Even an adult convert must
apply for permission from the authorities, who will then interview the convert
several times over a few months to check if the person in question is familiar
with and genuinely believes in the religion being converted to, before any
conversion can take place.
The population control bill,
already passed by the parliament’s upper house, will allow the implementation
of strict population control measures among certain groups if they have
considerably higher population growth than others. It is likely to be enforced
largely among the already vulnerable Muslim Rohingya population in Rakhine
State.
The monogamy bill is less
controversial because the ban of formal polygamy, a practice accepted by
Islamic jurisprudence, occurs widely elsewhere. But if implemented and actually
applied to the entire population, the bill would potentially have a significant
impact on Myanmar’s society, as it criminalises living with a person other than
one’s spouse.
The current Union parliament
session in Myanmar is a busy one, and it is not certain that all four bills
will manage to make their way through both houses in time for the end of the
session in mid-March. The bills are nonetheless causing a deepening of
Myanmar’s damaging religious conflicts at a fragile time of democratic
transition. At worst, they will result in more anti-Muslim violence prior to
the elections.
With these bills, Buddhist
nationalist movements have managed to inject religious cleavages into
Union-level politics and shift the focus away from issues like employment,
education, health care, land rights, democratisation, power-sharing and
constitutional amendments. This will benefit the ruling Union Solidarity and
Development Party as well as the Tatmadaw, both of which lack credibility on
these issues, while the National League of Democracy (NLD), which enjoys high
credibility on the same issues, will suffer. In light of the widespread
anti-Muslim sentiments among Bamar Buddhists in Myanmar, the NLD risks losing
votes if its opponents are able to project the party as being ‘soft on
Muslims’.
In the run up to the
elections there is therefore a risk that powerful political actors will exploit
this undercurrent of Buddhist nationalism and the distrust between religious
and ethnic groups. At worst, they may seek to stir up violence for the purpose
of winning swing votes. With this dangerous confluence of interests, the 2015
elections may well see renewed religious violence in Myanmar.
Marte Nilsen is a senior
researcher at the Peace Research Institute Oslo (PRIO).
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