A/HRC/43/18
28.
Furthermore, the ability of Buddhist ultra-nationalists to exert influence on state
institutions as well as society at large has culminated in the adoption of the four “race and
religion laws” following aggressive advocacy to legally restrict religious freedom to defend
Buddhism. Their anti-Muslim campaign has directly led tod mob violence, boycotting and
attacking of Muslim businesses, obstructing Muslim religious practice, demolishing Muslim
schools and homes, declaring “no-go zones” for Muslims, and discrimination by local
governments and in the justice system52.
29.
These developments have taken place in the context of a sudden expansion in public
space that has allowed for free expression. The historical absence of independent media has
undermined media literacy among the general public, including their ability to critically
decipher misinformation. Since 2014, digital connectivity began to reach the population, with
a rapid increase in the availability of mobile phones. By mid-2018, it was estimated that there
were around 20 million users of Facebook in Myanmar53 out of a population of 54 million.54
Business for Social Responsibility (BSR) conducted a human rights impact assessment for
Facebook in Myanmar55 and observed “significant shortcomings in the areas of digital
literacy, privacy awareness, and critical thinking”, with most internet users lacking basic
understanding of how to navigate and make judgement on online content, including
differentiation of real news from misinformation. It also found that rural people, people with
lower incomes and people with lower levels of education were more vulnerable to hate speech
and misinformation.
30.
After decades of military rule under which all forms of dissent and pluralism were
heavily suppressed, with far-reaching public surveillance and restrictions on media,
education, civil society and academia, the culture of democratic public discourse is only
starting to take root. Public debates and collective actions are now generally possible; media
outlets have proliferated; parliament sessions are broadcast. However, civic space remains
precarious, as the military and the Government have increasingly shown intolerance to public
criticism, resorting to judicial harassment to curb the democratic role of civil society and the
press. Over 200 cases of so-called “defamation” have been filed by the military or its
supporters56 against their critics including journalists and ethnic human rights activists who
have tried to raise awareness of human rights abuses by the military. Excessive restrictions
continue to be placed on peaceful assembly, further curbing the civic space.
31.
The Government is working on draft legislation concerning hate speech and the
Ministry of Information has conducted workshops and awareness-raising programmes aimed
at its prevention57 While the Government has taken some steps to challenge Buddhist ultranationalists together with the state-backed Buddhist Sangha Council, including the
declaration of MaBaTha as an unlawful organization and the banning of U Wirathu, an ultranationalist monk from preaching for one year, it has failed to actively promote the plurality
of views in society to counteract prejudice and misleading narratives against Muslims and to
protect those who have stood against this trend. This is particularly evident in a context where
those who vilify Muslims, including the Rohingya, are well-coordinated, protected and
resourced, whereas those expressing pluralistic visions, including some Buddhist monks and
activists who are working for religious reconciliation, are marginalised and working with
great risks58. Comparative research has shown the negative impact of indoctrination under
authoritarianism on the political culture of post-authoritarian societies. Decades of
oppression and purposeful stigmatization of certain groups and communities have severely
damaged the social fabric, including the sense of identity, belonging and trust. This has been
further exacerbated by an education system that was systematically weakened under military
Christian Solidarity Worldwide, “Burma’s identity crisis: how ethno-religious nationalism has led
to religious intolerance, crimes against humanity and genocide”, 2019; Burma Human Rights
Network “Persecution of Muslims in Burma”, 2016; reports of Karen Human Rights Group.
53 BSR, 2018. “Human Rights Impact Assessment: Facebook in Myanmar”.
54 Department of Population, Ministry of Labour, Immigration and Population
(https://www.dop.gov.mm/en)
55 Ibid.
56 https://www.irrawaddy.com/news/burma/total-number-defamation-casestelecommunications-law-hits-200.html
57 Permanent Mission of Myanmar, op.cit.
58 CSW, 2019, p. 13.
52
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