Case Western Reserve Journal of International Law 52 (2020)
Crime as Cognitive Constraint
a matter of national security. 39 Anti-Muslim narratives abroad, such as
the US “war on terror,” were exploited to reinforce manufactured
prejudices. 40 This fed the narrative that the Rohingya were a threat not
only to Myanmar’s Bamar ethnic group, but also to the predominant
Buddhist religion. 41 It affirmed the genuine fear felt by many that if the
“Western Gate” of the country had not been protected against Muslim
Bengals, then “Myanmar and the rest of Buddhist South East Asia
would have been Muslim a long time ago.” 42
Myanmar’s democratization in 2011 from decades of military rule
was a harbinger of a new era. For one, the law and practice of prepublication censorship were abolished. Prior to this, articles required
“careful vetting by the censor board,” and those deemed a threat to
national security were literally cut out from the publication. 43 The
political transition was also marked by “open trade policies and
privatization.” 44 The telecommunications industry was liberalized soon
after. This, again, was groundbreaking. Before transition, “the Internet
was only available to a select few, as it was prohibitively expensive.”45
39.
Wade, supra note 30, at 195 (noting that the “nation had become so
deeply entwined with the faith that one could not be distinguished from
the other”); Jonathan Liljeblad, The Efficacy of National Human Rights
Institutions Seen in Context: Lessons from the Myanmar National Human
Rights Commission, 19 YALE HUM. RTS. & DEV. L. J. 95, 113 (2017)
(describing the position of the Tatmadaw as a “defender of national unity
and peace”).
40.
Matt Schissler, On Islamophobes and Holocaust Deniers: Making Sense of
Violence, in Myanmar and Elsewhere, CONFLICT IN MYANMAR: WAR,
POLITICS, RELIGION 283, 292 (Nick Cheesman and Nicholas Farrelly, eds.
2016): (“...the use of global arguments about Muslims elsewhere is an
important part of reinforcing a sense of general threat from Muslims at
home. This is a parallel, but in Myanmar it also appears to be a productive
interrelationship: the strand of argument about Islam in the world that is
used to bolster a larger narrative of Muslim threat in Myanmar explicitly
draws on discourses that have grown into global prominence as a part of
the ‘War on Terror’”); Wade, supra note 30, at 83.
41.
Detailed Findings of the FFM, supra note 7, ¶¶ 1314–1317; Wade, supra
note 30, at 195-96.
42.
Buddhism and State Power in Myanmar, supra note 36, at 7, 9.
43.
Wade, supra note 30, at 102.
44.
Susan Banki and Ja Seng Ing, Precarity and Risk in Myanmar’s Media:
A Longitudinal Analaysis of Natural Disaster Coverage by The Irrawaddy,
MYANMAR MEDIA IN TRANSITION: LEGACIES, CHALLENGES AND CHANGE
191 (Lisa Brooten, Jane Madlyn McElhone, Gayathry Venkiteswaran,
eds., 2019); Amy Chua, The Paradox of Free Market Democracy,
HARVARD INT’L L. J. 287, 293 (2000) (noting that the version of capitalism
and the kind of democratic transition unfolding in many developing
countries is not the same as what happened in the developed world).
45.
Detailed Findings of the FFM, supra note 7, ¶ 1343
152