About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (January 14, 2021)

handle is hein.crs/govebsm0001 and id is 1 raw text is: 





Congressional Research Service
Inforrning the legislative debate since 1914


0


                                                                                        Updated January 14, 2021

Global Human Rights: International Religious Freedom Policy


Introduction
For decades, U.S. policymakers have sought to promote
religious freedom abroad, reflecting both support for human
rights in U.S. foreign policy as well as the particular
emphasis on freedom of religion in U.S. domestic law and
political culture. Protection of religious freedom is also
affirmed in international law through the United Nations
Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights, and other
instruments. Congress has been an advocate for
international religious freedom issues and has sought to
ensure continued support for religious freedom as a focus of
U.S. foreign policy, most prominently through passage of
the International Religious Freedom Act of 1998 (IRFA).
Legislative Background
The International Religious Freedom Act of 1998 (P.L.
105-292) is the foundational legislation for U.S.
international religious freedom (IRF) policy. Recognizing
religious freedom as a universal human right, IRFA
created various government mechanisms aimed at
cementing IRF as a foreign policy priority of the United
States. Most significantly, the law
  created an Office on International Religious Freedom
   within the State Department headed by an Ambassador
   at Large (AAL) for IRF;
  required that the Secretary of State issue an annual
   report on the status of religious freedom around the
   world;
  mandated that the President identify countries of
   particular concern (CPCs) and prescribed punitive
   actions in response to violations of religious freedom,
   subject to presidential waiver authority;
  created the independent U.S. Commission on
   International Religious Freedom (USCIRF); and
  amended  the Immigration and Nationality Act (INA) to
   make  inadmissible into the United States foreign
   government officials who have committed particularly
   severe religious freedom violations.
Congress has subsequently strengthened IRFA via
amendment,  notably through the Frank R. Wolf
International Religious Freedom Act (Wolf IRFA; P.L.
114-281), which became law in December 2016. The major
provisions of the law
  called for the AAL for IRF to have a greater role within
   interagency policy processes and to report directly to the
   Secretary of State;
  mandated designation of a special watch list of
   countries with severe violations of religious freedom but
   that did not meet CPC criteria; and
  mandated designation of nonstate entities of particular
   concern (EPCs).


The   State   Department's Role
The State Department leads the federal government's
efforts to promote international religious freedom. The
AAL  for IRF heads the Office on International Religious
Freedom  (IRF Office). Per IRFA, the AAL integrates IRF
policies into U.S. foreign policy efforts and is to participate
in any interagency processes in which the promotion of IRF
can advance United States national security interests. The
AAL  and the IRF Office lead the drafting of the annual
international religious freedom report and advise the
Secretary of State on U.S. policy actions in response to
religious freedom violations. Sam Brownback, confirmed
by the Senate in January 2018, serves as the current AAL.
Other senior State Department positions related to religious
freedom include the congressionally mandated position of
Special Envoy for Monitoring and Combating anti-
Semitism (currently held by Elan S. Carr), and the Special
Advisor for Religious Minorities in the Near East and
South/Central Asia (currently vacant).
In June 2019, Secretary of State Pompeo announced that the
State Department was elevating the IRF Office and the
Office of the Special Envoy for Monitoring and Combating
anti-Semitism by designating that these offices report
directly to the Under Secretary of State for Civilian
Security, Democracy, and Human Rights. The offices had
previously been situated within the Bureau of Democracy,
Human  Rights, and Labor. Pursuant to IRFA, the AAL for
IRF continues to report to the Secretary of State.
International Religious Freedom
Report
The IRF report, which is statutorily required by May 1 each
year, covers developments in each foreign country during
the prior calendar year and includes information on the
status of religious freedom, violations of religious freedom,
and relevant U.S. policies. The IRF report is the official
U.S. government account of religious freedom conditions
abroad, and is a primary information source for the
Secretary of State's country of particular concern
designations. The report covering calendar year 2019 was
submitted to Congress on June 10, 2020, and is available on
the Department of State website.
Countries (and Entities) of Particular
Concern
IRFA  mandates that the President, using information from
the IRF report and other sources, designate particularly
severe religious freedom violators as countries of
particular concern (CPCs) (see Figure 1). The law defines
particularly severe violations as those that are systematic,
ongoing, and egregious. The Wolf IRFA mandated an
additional special watch list of countries with severe
religious freedom violations but that do not reach the
threshold of systematic, ongoing, and egregious. In
recognition of religious freedom abuses carried out by the
Islamic State and other nonstate actors, Wolf IRFA also


igross.gov

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most