FOR IMMEDIATE RELEASE
[AUGUST 27, 2019]

USCIRF Statement on Indian Government’s “Religious Test” for Muslims in Assam

WASHINGTON, DC – Residents of the northeastern Indian state of Assam face an August 31 deadline to submit citizenship verification documents in order to be included on a finalized National Register of Citizens (NRC). The stated purpose of the registration process is to verify the status of migrants from Bangladesh, which borders Assam. A June 2018 joint letter by four United Nations special rapporteurs, among them the special rapporteur on freedom of religion or belief, argued that the updated NRC could be used to disenfranchise Muslims in the region and is part of the government’s ongoing efforts to introduce a “religious test” specifically aimed at clearing out Muslims. In response to developments in Assam, United States Commission on International Religious Freedom (USCIRF) Chair Tony Perkins and Commissioner Anurima Bhargava issued the following statement:

“Freedom of religion or belief for India’s diverse faith communities and respect for religious pluralism have long been a bedrock of Indian society, values enshrined in the Indian constitution. However, we remain concerned with the potential abuse of the National Register of Citizens in Assam and the resulting introduction of a religious requirement for citizenship, which are contrary to the ideals of religious freedom in India,” said Perkins.

“We remain troubled by any government policies or actions that have the effect, whether intentional or not, of undermining religious freedom for vulnerable religious minorities. The National Register of Citizens verification process must not become a means to target and render stateless the Muslim community in northeastern India. Proposed policies that suggest that Muslims – and Muslims alone – will face a higher burden for verification, along with worrisome rhetoric, create a negative and potentially dangerous climate for the Muslim community in northeastern India,” said Bhargava.

Only individuals able to prove their citizenship prior to March 24, 1971, along with their descendants, will be included on the updated NRC list, with final determination of citizenship status provided by local “Foreigners Tribunals.” In July 2018, a draft update of the NRC was released with nearly four million names excluded due to their alleged inability to provide proper documentation. In its 2019 Annual Report, USCIRF expressed its concern that the updated NRC in Assam is “an intentional effort to discriminate and/or has the effect of discriminating against Muslims, and that the discretion given to local authorities in the verification process and in identifying perceived foreigners to be excluded from the draft list will be abused.”

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The U.S. Commission on International Religious Freedom (USCIRF) is an independent, bipartisan federal government entity established by the U.S. Congress to monitor, analyze and report on threats to religious freedom abroad. USCIRF makes foreign policy recommendations to the President, the Secretary of State and Congress intended to deter religious persecution and promote freedom of religion or belief. To interview a Commissioner, please contact USCIRF at [email protected] or Kellie Boyle at [email protected] or +1-703-898-6554.

This op-ed was originally published by Inter Press Service, on August 26, 2019.

By Nadine Maenza and Anurima Bhargava

Monsoon season is currently wreaking havoc on the more than 911,000 Rohingya refugees displaced from their homeland in Burma to the ramshackle camps of Cox’s Bazar, Bangladesh. Two years ago, in August 2017, a brutal military crackdown pushed more than 700,000 Rohingya Muslims and other ethnic and religious minorities from Burma’s Rakhine State to flee for safety. The Burmese military has shamefully denied and tried to hide its barbarism, which includes arbitrary detention, enforced disappearances, displacement, rape, torture and arbitrary killings. And, Burma’s government has repudiated the international community’s attempts to document the crimes committed under international law, all while denying Rohingya basic rights like freedom of movement, access to health care and basic necessities, and citizenship.

Shockingly, those responsible for these heinous crimes—either by the explicit actions of Burma’s military or the complicit indifference of Burma’s government—have thus far faced no serious consequences. Where is the U.S. government’s admonition and strong policy response?

First, it is imperative that the U.S. government decide whether the atrocities committed against Rohingya Muslims, Christians and others in Burma constitute more than ethnic cleansing. When the U.S. Department of State last year issued its report documenting atrocities in northern Rakhine State, it created an expectation that a more serious determination—either crimes against humanity or genocide—would be forthcoming. The label “ethnic cleansing” unequivocally fails to capture the full extent of crimes that religious and ethnic communities in Burma have suffered at the hands of the military.

Second, the U.S. government must sanction Burmese military officials and the companies under the military’s control so that those who perpetrated these atrocities are held accountable for their crimes. The U.S. Department of the Treasury has imposed economic sanctions on five military officials and two military units under the Global Magnitsky Human Rights Accountability Act, and the State Department placed travel bans on four other senior military leaders, including the commander-in-chief, Senior General Min Aung Hlaing. As commissioners on the U.S. Commission on International Religious Freedom (USCIRF) who recently travelled to Burma, we welcome these first steps. But banning the ability to travel to the United States is paltry compared to the monstrous acts the military has undertaken against religious and ethnic minorities. Targeted tools like economic sanctions must also be imposed on military officials and other responsible parties.

Thanks to a recent report issued by the United Nations’ Independent International Fact-Finding Mission, the international community now has a comprehensive list of the military’s businesses to consider for sanctions. The entities on the list—including two major holding companies: Myanmar Economic Holdings Limited (MEHL) and Myanmar Economic Corporation (MEC)—are owned or influenced by Burma’s military and use the ill-gotten gains from their business ventures to commit human rights violations.

There may be legitimate concerns about the impact that sanctions or other bans will have on Burma’s economy and the overall bilateral relationship; for example, some fear that sanctions will push Burma into China’s arms. These two countries are fair-weather friends: chummy when it’s advantageous and oppositional when it’s not. Sanctions by the United States and others will not change this calculus.

Tragically, Rohingya Muslims are not the only victims. Burma’s military and security forces have used the same playbook of ruthless tactics in Rakhine State as they have been using for decades against ethnic minorities—many of whom are Christians—in Kachin and northern Shan states and elsewhere. For two decades, USCIRF has tracked, monitored and raised these abuses with the U.S. government.

For these and other systematic, ongoing and egregious violations of religious freedom, we call on the State Department to redesignate Burma as a “country of particular concern” (CPC) pursuant to the International Religious Freedom Act. This designation acknowledges that Burma is not living up to its commitments under the Universal Declaration of Human Rights that protects the fundamental right to thought, conscience and religion.

Accountability is paramount, and the U.S. government must lead the way with a strong and substantive response. Yet for Rohingya Muslims and other religious and ethnic minorities, their future also is about justice and the ability to safely and voluntarily return home with dignity. Rohingya Muslims need to know that they can return—either from refugee camps in Bangladesh or from the internally displaced persons camps in Rakhine State—to their homelands. Plans by the governments of Bangladesh and Burma to repatriate Rohingya refugees should not move forward until conditions are independently verified as safe and Rohingya are consulted about their return, neither of which has happened. Other religious and ethnic minorities that face ongoing threats from the military and ethnic armed organizations require similar safe returns.

But first, the impunity and cycle of violence in Burma must end, and that starts when the U.S. government—including both the Administration and the U.S. Congress—steps up and leads the way for the international community to take a stand against such horrific human rights abuses.

Nadine Maenza is vice chair at the United States Commission on International Religious Freedom (USCIRF) and the founding Executive Director of Patriot Voices.

Anurima Bhargava is a USCIRF commissioner, a civil rights lawyer who served in the Justice Department under the Obama Administration, and the president of Anthem of Us.

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The U.S. Commission on International Religious Freedom (USCIRF) is an independent, bipartisan federal government entity established by the U.S. Congress to monitor, analyze and report on threats to religious freedom abroad. USCIRF makes foreign policy recommendations to the President, the Secretary of State and Congress intended to deter religious persecution and promote freedom of religion and belief. To interview a Commissioner, please contact USCIRF at [email protected] or Kellie Boyle at [email protected] or +1-703-898-6554.

USCIRF Statement on UN Report of “Genocidal Intent” by Burmese Military in Sexual Violence Against Rohingya Muslims and Others

WASHINGTON, DC -- In response to a report released yesterday by United Nations-commissioned investigators concluding that the sexual violence committed by Burmese troops against Rohingya Muslims and others --abuse that is still ongoing in some parts of Burma— is an indication of the military’s genocidal intent, United States Commission on International Religious Freedom (USCIRF) Vice Chair Nadine Maenza and Commissioner Anurima Bhargava issued the following statements:

“The evidence of unspeakable atrocities against Rohingya Muslims and others at the hands of Burma’s military continues to grow. We call on the administration to change the designation to genocide or crimes against humanity,” said Maenza. “We also call on the administration and Congress to be vocal leaders, calling for additional targeted sanctions against Burma’s military leaders and their financial interests. These atrocities should not be tolerated.”

“The UN-commissioned report details the military’s systematic and widespread campaign of sexual and gender-based violence as part of its organized effort to destroy the Rohingya Muslim population,” said Bhargava. “The brutal and horrific sexual violence endured by hundreds of girls and women - largely through gang rapes perpetrated by the Burmese military - cannot continue to remain unaddressed.  The United States and the international community must put the path for justice and accountability into place immediately.”

As the August 25th second anniversary of the Burmese military crackdown approaches, USCIRF calls for a host of sanctions against -- and action by -- the Burmese government to ensure the safe return of Rohingyas to their homeland.  

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The U.S. Commission on International Religious Freedom (USCIRF) is an independent, bipartisan federal government entity established by the U.S. Congress to monitor, analyze and report on religious freedom abroad. USCIRF makes foreign policy recommendations to the President, the Secretary of State and Congress intended to deter religious persecution and promote freedom of religion and belief. To interview a Commissioner, please contact USCIRF at [email protected].