About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (April 10, 2023)

handle is hein.crs/govelgb0001 and id is 1 raw text is: Con gressionaI Research Service nforminth lgis4lativ deba e since 1914 0 Updated April 10, 2023 Global Human Rights: International Religious Freedom Policy For decades, U.S. policymakers have sought to promote religious freedom abroad, reflective both of a general interest in promoting human rights through U.S. foreign policy, as well as the emphasis on religious freedom 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 sought to ensure continued support for religious freedom as a focus of U.S. relations with other nations, most prominently through passage of the International Religious Freedom Act of 1998. Legislative Background The International Religious Freedom Act of 1998 (IRFA; P.L. 105-292; 22 U.S.C. 6401 et seq.) 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 U.S. government actions in response to violations of religious freedom, subject to presidential waiver authority; and created the independent U.S. Commission on International Religious Freedom (USCIRF). Congress has subsequently strengthened IRFA through amendment and the enactment of related provisions, notably through the Frank R. Wolf International Religious Freedom Act (Wolf IRFA; P.L. 114-281), which became law in December 2016. 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 State Department's Office on International Religious Freedom (IRF Office). Per IRFA, as amended, 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 IRFA-mandated annual international religious freedom report (IRF report) and advise the Secretary of State on U.S. policy actions in response to religious freedom violations. The position is currently held by Rashad Hussain, whom the Senate confirmed in December 2021 following nomination by President Biden. A related senior position is the congressionally mandated Special Envoy for Monitoring and Combating anti-Semitism (currently held by Deborah Lipstadt), which was upgraded to a presidentially appointed position with the rank of ambassador by P.L. 116-326, enacted in January 2021. In the FY2023 State Department, Foreign Operations, and Related Programs Appropriations Act (SFOPS; Division K of P.L. 117-328) and accompanying explanatory statement, Congress directed not less than $20 million for IRF foreign assistance programs under the responsibility of the AAL for IRF, among other IRF-related directives. 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 executive branch's country of particular concern designations. The report covering calendar year 2021 was submitted to Congress on June 2, 2022, and is available on the Department of State website. Countries (and Entities) of Particular Concern IRFA mandates that the President (subsequently delegated to the Secretary of State), using information from the IRF report and other sources, annually designate as countries of particular concern (CPCs) those countries the governments of which have engaged in or tolerated particularly severe religious freedom violations (see Figure 1). The law defines particularly severe violations of religious freedom as systematic, ongoing, and egregious violations, including violations such as torture; cruel, inhuman, or degrading treatment or punishment; prolonged detention without charges; forced disappearances; or other flagrant denial of the right to life, liberty, or the security of persons. 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 non-state actors, Wolf IRFA also added a new requirement that the President designate entities of particular concern (EPCs) and, when practicable, take actions to address severe violations of religious freedom committed by EPCs.

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.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most