Myanmar: A Surge of Ultra-nationalism Fuels Controversial Race and Religion Protection Laws

On August 21, President Thein Sein of Myanmar signed a monogamy bill into law, criminalizing people “who have more than one spouse or live with an unmarried partner other than the spouse.” A week later, the president signed two additional laws, the Religious Conversion Bill and the Interfaith Marriage Law. Earlier in May, the Population Control Healthcare Bill was approved, requiring  “women of certain regions” to have children no more than once every 36 months. Although target populations have not been clearly specified, religious and ethnic minorities are most likely to be impacted. The Religious Conversion bill mandates the establishment of Religious Conversion Scrutinization and Registration Boards at the township level consisting of local officials and elders. Changing religions will require an application and the approval of the board, followed by an interview and a 90-day study period for the applicant to observe the “essence of the religion, marriage, divorce, and division of property practices.” Some expressed concerns that members of the local boards will be composed of predominantly Buddhist officials with biases against conversion from Buddhism to other religions.

The monogamy bill applies to all citizens in Myanmar and abroad, as well as foreign nationals married to citizens of Myanmar. The Interfaith Law requires Buddhist women and men of other faiths to request for approval for their marriage from the local authorities. Objections can be raised against the marriage, and the government retains the ultimate power to halt the union.

The four bills are part of the “Race and Religion Protection Laws” introduced in November 2014 by the Association for the Protection of Race and Religion (Ma Ba Tha) led by nationalistic Buddhist monks. Opponents have accused controversial bills of “legalizing discrimination” and repressing ethnic minorities, specifically the Rohingya population. Human Rights Watch condemned the laws as violating the right to privacy and freedom of thought, conscience, and religion as indicated in the Universal Declaration of Human Rights.4

However, supporters have argued that such laws serve to act as an immediate protective measure for women in Myanmar—a target population susceptible to forced religious conversions and marriages and unhealthy childbirth practices in a largely patriarchal and unstable society. Others have also interpreted the signing of the bills as a political strategy to distract the populace from the hallmark 2015 elections. The National League of Democracy led by Aung San Su Kyi will be running against the current Union Solidarity and Development Party in the country’s first general election since the introduction of a civilian government.