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June 9, 2021

Harvard Human Rights Journal on Indirect Discrimination and Religion

Grounded in an April 2020 symposium hosted by the Human Rights Program at Harvard Law School, the latest issue of the Harvard Human Rights Journal focuses on indirect discrimination on the basis of religion. HHRJ’s Volume 34, Issue 2 (Summer 2021) invited scholars who attended the private workshop to explore the concept in more detail, exploring issues in a comparative and international manner. The April event was hosted by Gerald Neuman, HRP Director and J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at Harvard Law School, who also contributed an essay to the journal on the “normative background to prohibitions on indirect discrimination” and “the current state of indirect discrimination law domestically and internationally.”

Other essays in the series explore the nuances between indirect discrimination and reasonable accommodation, the inclusion of religion in public education to promote tolerance, and the difference between the right to freedom of religion and the right against religious discrimination. Expert contributors included Tarun Khaitan, Professor of Public Law and Legal Theory at Wadham College, Oxford University; Rashad Ibadov, Assistant Professor of Law at the School of Public and International Affairs, ADA University, and a former HRP Visiting Fellow; and Sarah Cleveland, Louis Henkin Professor of Human and Constitutional Rights at Columbia Law School; among others.

Two commentaries round out the issue. Victor Madrigal-Borloz, Eleanor Roosevelt Senior Visiting Researcher and Independent Expert on Sexual Orientation and Gender Identity, spoke to how the theory of indirect discrimination might be applied to the lived realities of lesbian, gay, bisexual, trans, and other gender diverse (LGBT) persons; and Yuval Shany, Hersch Lauterpacht Chair in Public International Law at Hebrew University, wrote about the choices made by national and international human rights bodies in employing guarantees of religious freedom and prohibitions of indirect discrimination as alternative bases of protection.

Read the full issue on the HHRJ website.

For the last two years, HRP has hosted three private workshops focused on indirect discrimination and other factors. Most recently, workshops explored indirect discrimination on the basis of sexual orientation or gender identity (SOGI) and indirect discrimination arising from the pandemic, with a discrete focus on SOGI.

Learn more about the 2020-2021 workshops here.

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May 4, 2021

Beyond the Coup in Myanmar: Don’t Ignore the Religious Dimensions

Posted by Susan Hayward

(Editor’s Note: This article is part of a Just Security series on the Feb. 1, 2021 coup in Myanmar. The series brings together expert local and international voices on the coup and its broader context. The series is a collaboration between Just Security and the International Human Rights Clinic at Harvard Law School. This post first appeared on Just Security on May 3, 2021). 

The 2007 democratic uprising in Myanmar looked a lot different from the current anti-coup resistance. Sparked by a rise in fuel prices that created further economic burden on an already struggling population, thousands of Buddhist monks and nuns across the country took to the streets in defiance of the military. In a country in which religious actors, institutions, practices, and ideas are deeply influential, the so-called Saffron Revolution, the most recent mass mobilization prior to the current one, had seismic consequences – contributing to the military’s decision to shift to quasi-democratic rule the following year.

This time around, it’s not Buddhist monastics but young lay people who are at the forefront of Myanmar’s mass protest, with clergy from all faiths following their lead. While religious actors and symbols may be less visible than in 2007, they are still very present. This will surprise no one familiar with how deeply entrenched religion is in Myanmar’s social, political, and economic life. And indeed, precisely because of this, exploring the religious dimensions of the current protests provide critical insights on the coup and its aftermath. Among other things, the changing nature of how religion is intersecting with and influencing the protests tells us something about how the country as a whole is changing, and what its future might be.

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October 7, 2020

Myanmar Must Tackle Hate Speech

One month ahead of Myanmar’s general elections, a new report dives deep into root causes of hate speech and its effect on civil society space in Myanmar

For Immediate Release

(Yangon, 8 October 2020) — Myanmar must tackle the root causes of hate speech and address impunity of perpetrators, while ensuring that measures to combat hate speech is in line with international human rights standards with robust and inclusive participation of civil society, said 19 organizations in a report published today. The immediate implementation of these calls is vital ahead of the November 2020 general elections, which has already seen the erosion of the rights of ethnic and religious minorities throughout Myanmar.

“Institutionalized hate speech in Myanmar has long been systematically disseminated by powerful actors including the military, government, ultranationalists and other maligned actors. They benefit from the constructed narratives of hate and from the division and conflict it creates in society. Hate speech also contributes to a climate where impunity for human rights violations goes unaddressed. Hate speech is already being deployed as part of campaign strategies leading up to the November 2020 general elections. Such campaigns must immediately be denounced and countered by the government and the Union Election Commission to ensure a free and fair election,” said Moe Thway, President of Generation Wave

The new joint report, “Hate Speech Ignited: Understanding Hate Speech in Myanmar, documents and extensively analyzes the role that hate speech, rampant misinformation campaigns, and ultranationalism have played in the resurgence of oppression and human rights violations in Myanmar and highlights the new alignment of the government and military in the proliferation of hate speech. In analyzing the trends and patterns of hate speech in Myanmar, the report identifies a number of mutually reinforcing constructed narratives aimed at advancing Buddhist-Burman dominance at the expense of ethnic and religious minorities in the country.

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