Congress Passes National Defense Authorization Bill with Various Provisions Impacting Religion

A press release from the U.S. Senate Armed Services Committee reports that on Thursday the U.S. Senate passed the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 by a vote of 83-11. The 4408-page bill (full text) now goes to President Biden for his signature. Among the provisions that impact religious concerns are the following:

 SEC. 509D. STUDY OF CHAPLAINS. 

(a) STUDY REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a study of the roles and responsibilities of chaplains. 

(b) ELEMENTS.—The study under subsection (a) shall include the following: (1) The resources (including funding, administrative support, and personnel) available to support religious programs. (2) Inclusion of chaplains in resiliency, suicide prevention, wellness, and other related programs. (3) The role of chaplains in embedded units, headquarters activities. and military treatment facilities. (4) Recruitment and retention of chaplains. (5) An analysis of the number of hours chaplains spend in roles including pastoral care, religious services, counseling, and administration. (6) The results of any surveys that have assessed the roles, responsibilities and satisfaction of chaplains. (7) A review of the personnel requirements for chaplains during fiscal years 2013 through 2022. (8) Challenges to the abilities of chaplains to offer ministry services.

SEC. 525. RESCISSION OF COVID-19 VACCINATION MANDATE

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall rescind the mandate that members of the Armed Forces be vaccinated against COVID-19 pursuant to the memorandum dated August 24, 2021, regarding ‘‘Mandatory Coronavirus Disease 2019 Vaccination of Department of Defense Service Members’’.

SEC. 529. RECURRING REPORT REGARDING COVID-19 MANDATE. 

(a) REPORT REQUIRED.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a recurring report regarding the requirement that a member of the Armed Forces shall receive a vaccination against COVID-19. 

Each such report may not contain any personally identifiable information, and shall contain the following:  (1) With regard to religious exemptions to such requirement— (A) the number of such exemptions for which members applied; (B) the number of such religious exemptions denied; (C) the reasons for such denials; (D) the number of members denied such a religious exemption who complied with the requirement; and (E) the number of members denied such a religious exemption who did not comply with the requirement who were separated, and with what characterization....

Section 533 requires the Armed Forces to submit to Congress a report on recruiting efforts. Among other things, the Report is to include:  "A comparison of the race, religion, sex, education levels, military occupational specialties, and waivers for enlistment granted to enlistees by geographic region and recruiting battalion, recruiting district, or recruiting region of responsibility."

Title XXIX contains various provisions relating to access, preservation and protection of Native American cultural and religious sites within land used for bombing ranges and training areas.

Section 5576 limits foreign aid funds allocated for Burma, providing that funds may not be made available to "to any individual or organization that has committed a gross violation of human rights or advocates violence against ethnic or religious groups or individuals in Burma."

Section 6416 provides for creation of an Office of Wellness and Workforce Support for CIA personnel. Among other things, the Office is to make available: "A list of chaplains and religious counselors who have experience with the needs of the Agency workforce...."

U.S. Labels Burmese Military's Treatment Of Rohingya As Genocide

In a speech (full text) yesterday at the United States Holocaust Memorial Museum, Secretary of State Anthony Blinken announced that the United States has concluded that Burma's actions against the Rohingya constitute genocide.  He said in part:

One of my responsibilities as Secretary is determining, on behalf of the United States, whether atrocities have been committed.  It’s an immense responsibility that I take very seriously, particularly given my family’s history.

Beyond the Holocaust, the United States has concluded that genocide was committed seven times.  Today marks the eighth, as I have determined that members of the Burmese military committed genocide and crimes against humanity against Rohingya.

Product Liability/ Negligence Suit Against Facebook Seeks $150B On Behalf Of Rohingya Refugees

An unusual class action lawsuit was filed this week against Facebook in a California state trial court on behalf of all Rohingya refugees in the United States who left Myanmar on or after June 1, 2012. It asks for $150 billion in damages for knowingly fueling anti-Rohingya sentiment that enabled the military government of Burma (Myanmar) to engage in ethnic cleansing campaign against the Rohingya. The complaint (full text) in Jane Doe v. Meta Platforms, Inc., (CA Super. Ct., filed 12/6/2021), sets out product liability and negligence claims against Facebook, saying in part:

168. The design of Facebook’s algorithms and product resulted in the proliferation and intensification of hate speech, misinformation, and conspiracy theories attacking the Rohingya in Burma, radicalizing users, causing injury to Plaintiff and the Class, as described above. Accordingly, through the design of its algorithms and product, Facebook (1) contributed to the development and creation of such hate speech and misinformation and (2) radicalized users, causing them to tolerate, support, and even participate in the persecution of and ethnic violence against Plaintiff and the Class.

169. Because (1) the persecution of the Rohingya by the military government was widely known before Facebook launched its product in Burma and (2) Facebook was repeatedly warned after the launch that hate speech and misinformation on the system was likely to result in ethnic violence, Facebook knew and had reason to expect that the Myanmar military and non-Rohingya civilians would engage in violence and commit atrocities against Plaintiff and the Class.

According to the Rohingya Facebook Claim Website, lawyers plan to file a similar suit in the United Kingdom on behalf of Rohingya living elsewhere than the United States. A Letter of Notice has been sent to Facebook. CNN reports on the lawsuits.

USCIRF Hearing On Citizenship Laws and Religious Freedom

The U.S. Commission on International Religious Freedom held a hearing yesterday on Citizenship Laws and Religious Freedom. The hearing focused on the use of citizenship laws to deny rights to religious minorities, with emphasis on developments in India and past actions in Burma. The written statements submitted in the hearings are available on USCIRF's website.

Trump Extends Some Travel Ban Restrictions To Six More Countries

In an exceptionally long Presidential Proclamation (full text), President Trump on Friday extended tailored restrictions under his controversial travel ban to immigrants (but not temporary visitors) from six additional countries. As explained by a News Release from the Department of Homeland Security:

.... For four countries – Burma, Eritrea, Kyrgyzstan, and Nigeria – the President has imposed travel restrictions on immigrant visas.

The reason is straightforward – individuals who have entered the U.S. on immigrant visas are challenging to remove even if, after admission into the U.S., the individual is linked to disqualifying information such as terrorist connections, criminal ties, or misrepresented information. 

 And because each of these countries have deficiencies in sharing terrorist, criminal or identity information, it is likely that information reflecting that a visa applicant is a threat may not be available at the time the visa or entry is approved. This is unacceptable.

 Two countries – Sudan and Tanzania – performed marginally better and the President decided to impose travel restrictions on Diversity Visas.  This is a less severe sanction compared to the general restriction on immigrant visas, given the significantly fewer number of aliens affected....

... [T]his Proclamation only restricts entry on certain categories of immigrant visas. Family members can still visit their loved ones, businesses can still employ qualified candidates, and other visits can take place on a temporary basis with a non-immigrant visa.

DHS also issued this shorter news release. Vox has more on the President's action.

U.S. Sanctions Top Burmese Military Leaders For Ethnic Cleansing of Rohingya

Yesterday U.S. Secretary of State Mike Pompeo announced that four top Burmese military leaders and their immediate families will be barred from entry into the United States "for gross human rights violations, including in extrajudicial killings in northern Rakhine State, Burma, during the ethnic cleansing of Rohingya." This made the United States the first government to publicly take action against the most senior leadership of the Burmese (Myanmar) military. The announcement was followed by an official briefing on the action by State Department officials. AlJazeera reports on the State Department's action.

USCIRF Issues New Report On Religious Freedom Challenges In Burma

The U.S. Commission on International Religious Freedom has recently issued an update on religious freedom challenges in Burma. (Full text of report).  The report, which particularly focuses on the conditions faced by Rohingya Muslims in Rakhine State, also more broadly summarizes the situation in the country:

Successive governments in Burma have failed to ensure that all religious communities are able to practice their faith freely, openly, and without fear, and in some cases have directly perpetrated, tolerated, or ignored religious- and ethnic-based discrimination and abuses. Religious and ethnic minorities are disadvantaged by:

• Institutionalized discrimination;

• Increasing anti-Muslim sentiment and the related rise of Buddhist nationalism, which has affected all religious minorities;

• A culture of impunity and lack of accountability for human rights abuses and crimes committed by military and nonstate actors; and

• Decades of ethnic armed conflicts and internal displacement.

The deprivation of Rohingya Muslims’ rights became even more acute following 2012 communal violence in Rakhine State...

Burma's Parliament Passes Controversial Religious Conversion and Monogamy Laws

According to Human Rights Watch, on Aug. 21 Burma's joint parliament passed two bills that violate human rights and threaten to entrench religious discrimination.  The Religious Conversion Bill will require anyone wishing to change religion to be over 18, and then to file an application with a local Religious Conversion Scrutinization and Registration Board.  It is feared that many local boards will be dominated by ethnic Buddhists who will be biased against conversion to other faiths. The second bill, the Monogamy Bill, is seen as targeting religious minorities that practice polygamy. These two laws, along with the Population Control Law which became law in May, and the Interfaith Marriage Law, passed in July but not yet signed into law, were promoted by the Association for Protection of Race and Religion ("Ma Ba Tha"), an organization of Buddhist monks with an anti-Muslim and ultra-nationalist agenda. Human Rights Watch urges Burma's President Thein Sein to refuse to sign the two newly-passed bills.

The U.S. Commission on International Religious Freedom also issued a statement this week condemning Burma's Religious Conversion Bill.

Rights Group Urges Burma's President To Reject Parliament's Buddhist Women's Marriage Law

In a July 9 statement, Human Rights Watch called on Burma's President Thein Sein to refuse to sign the Myanmar Buddhist Women’s Special Marriage Law. The law was passed by Burma's Parliament in a joint session on July 7 by a vote of 524 to 44, with 8 abstentions.  The final version of the bill has not been made public, but an English translation of a 2014 draft of the bill is available online. According to Human Rights Watch:

The bill targets Buddhist women who marry – or seek to marry – non-Buddhist men and introduces vaguely defined acts against Buddhism as grounds for divorce, forfeiture of custody and matrimonial property, and potential criminal penalties....

The law permits the township (district level) registrar to publicly display a couple’s application for marriage for 14 days, and permits any objections to the marriage to be taken to local court....

The law also requires a non-Buddhist husband to respect the free practice of his spouse’s Buddhist religion, including displaying Buddhist imagery and statues, and engaging in Buddhist ceremonies. He must refrain from “committing deliberate and malicious acts, such as writing, or speaking, or behaving or gesturing with intent to outrage feelings of Buddhists.” Violations of these provisions are grounds for divorce, and in such a case the non-Buddhist husband would be forced to give up his share of jointly owned property, owe his wife compensation, and be denied custody of the children.

Burmese Court Gives 30 Month Sentences To Bar Owner and Manager For Buddha Facebook Ad

BBC News reported yesterday that a court in Myanmar has found the manager of the upscale VGastro Bar in Yangon (a New Zealander), along with the bar's owner and a colleague (both Burmese), guilty of intentionally plotting to insult religious belief by uploading to Facebook an ad that depicted a psychedelic mock-up of the Buddha wearing DJ headphones.  The ad promoted a cheap drinks night. The bar owner claimed the posting was the responsibility of the bar manager. The three men have been in jail since they were denied bail last December. (See prior posting.)  Each was now sentenced to two-and-one-half years in prison, apparently 6 months longer than the prescribed maximum sentence under Myanmar Penal Code Sec. 295A. [Thanks to Scott Mange for the lead.]

USCIRF Criticizes Pending Legislation In Burma

The U.S. Commission on International Religious Freedom in a press release yesterday strongly condemned a package of race and religion bills being considered by Burma's Parliament. USCIRF argued that the bills restrict religious freedom and discriminate against non-Buddhists, saying:

The Religious Conversion Bill would force those seeking to convert to give to the newly created Registration Boards an extensive list of personal information, answer intrusive questions, and wait 90 days for approval.

The Interfaith Marriage Bill imposes restrictions on marriages between non-Buddhist men and Buddhist women, including a 14-day waiting period during which time anyone can object to the marriage, and the court reviewing the objections has the power to deny the marriage.  Non-Buddhist men are denied numerous rights in the case of divorce and face criminal penalties if they ask their Buddhist wife to convert.  Under the bill, non-Buddhist men also bear most of the financial and/or criminal penalties, including prison sentences.  

Facebook Ad In Burma Lands Bar Managers In Jail For Insulting Religion

A court in Yangon, Burma yesterday denied bail to the owner and two managers of VGastro, a new upscale bar and tapas restaurant in the city's embassy area who are charged with insulting religion through an ad on the bar's Facebook page.  AFP reports that the offensive ad depicted a psychedelic mock-up of the Buddha wearing DJ headphones to promote a cheap drinks night.  The three defendants were charged with violating Myanmar Penal Code Sec. 295 (defiling a sacred object with the intent to insult religion) and Sec. 295A (insulting religious beliefs through written words or representations). Each charge carries a punishment of up to two years in prison.  The court ruled that these were no-bail offenses and remanded the men into custody until the next hearing on Dec.18.  A monk speaking for the Burmese Patriot Monks Union said: "We will wait and see what action the authorities take. We will do what we need to, if the authorities do not take action."

Burma Sues Author For Insultig Buddhism

In Burma last month, an official of the Department of Immigration in northwestern Chaung-U Township, at the request of local Buddhist clergy, filed a lawsuit against prominent writer and National League for Democracy member Htin Lin Oo, charging him with violation of Burmese statutes prohibiting the causing of religious offense.  Irrawaddy reported yesterday on the suit filed Nov. 20 which grew out of a two-hour speech that Htin Lin Oo delivered at a literary event on Oct. 23.  In the speech, he decried those who use Buddhism as an excuse for prejudice and discrimination. When a 10-minute excerpt from the speech was widely shared on social media, the Patriotic Buddhist Monks Union issued statement denouncing it. Htin Lin Oo says that people should listen to the entire speech before they react.  The suit charges Htin Lin Oo with violating Myanmar Penal Code Sec. 295-A (Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs), and Sec. 298 (Uttering words, etc; with deliberate intent to wound religious feelings).

Obama Urges Equality For Religious Minorities In Burma

In Burma yesterday, President Obama held a joint news conference (full text) with opposition politician Daw Aung San Suu Kyi. Asked about his discussions with the Burmese President and political leaders on constitutional change, President Obama said in part:

I indicated that we are paying attention to how religious minorities are treated in this country.  Now, I recognize the complexities of the situation in Rakhine state.  On the other hand, consistent with what Daw Suu just said, I am a firm believer that any legitimate government has to be based on rule of law and a recognition that all people are equal under the law.  And discrimination against the Rohingya or any other religious minority I think does not express the kind of country that Burma over the long term wants to be.  And I know of no successful democracy in which sectarian or religious divisions are allowed to fester, or the people of different faiths are treated as second-class citizens.  Ultimately, that is destabilizing to a democracy.

USCIRF Issues Report On Burma As Obama Visit Approaches

In advance of President Obama's trip to Burma (Myanmar) later this week, the U.S. Commission on International Religious Freedom issued a report titled Burma: Religious Freedom and Related Human Rights Violations are Hindering Broader Reforms.  In a Nov. 6 press release summarizing the Report, USCIRF said in part:

USCIRF focused on four key issues in its mission: discrimination and horrible abuses against Rohingya Muslims; broader patterns of intolerance against Muslims driven by bigotry and chauvinism among religious and political figures that also impact all other minority religious communities in Burma; laws, policies and proposed legislation that entrench multiple forms of discrimination; and deprivation of citizenship to Rohingya Muslims and prejudicial practices in the issuance of identification documents to all Muslims.

Buddhist Group Presses Burma Parliament To Restrict Interfaith Marriage

According to a report yesterday from The Irrawaddy, in Burma the influential Association for the Protection of Race and Religion (known as  Ma Ba Tha) is organizing demonstrations calling for passage of the Interfaith Marriage Bill that the Buddhist nationalist organization first proposed last year.  Prompted by concerns over Buddhist women marrying Muslim men, the bill would require Buddhist women to obtain permission from their parents and government authorities before marrying a man of another faith.  It would also require the man to convert to Buddhism. The bill is strongly opposed by women's rights and other civil society organizations.

USCIRF Criticizes Burma's Proposed Religious Conversion Law

The U.S. Commission on International Religious Freedom issued a press release yesterday strongly criticizing the draft of the Religious Conversion Law that Burma's Parlisment has recently released for comment. USCIRF said in part:

“The draft conversion law is irreparably flawed and would contravene Burma’s international commitments to protect freedom of religion or belief.  Such a law has no place in the 21st century, and we urge that it be withdrawn,” said USCIRF Chairman Robert George.  “This draft law, and the three others that may follow, risk stoking continuing violence and discrimination against Muslims and other religious minorities, including Christians.”

The draft conversion law would create a governmental Registration Board to approve all religious conversions.  While stating that “everyone has the freedom to convert from one religion to another,” the draft law would create a system clearly geared to discourage conversion.