Updated November 20, 2018
Global Human Rights: International Religious Freedom Policy
Introduction
AAL for IRF heads the Office on International Religious
For decades U.S. policymakers have sought to promote
Freedom (IRF Office), which is situated within State’s
religious freedom abroad, reflecting both support for human
Bureau of Democracy, Human Rights, and Labor (DRL).
rights in U.S. foreign policy as well as the particular
Per IRFA, the AAL integrates IRF policies into U.S.
emphasis on freedom of religion in U.S. domestic law and
foreign policy efforts and is to participate in any
political culture. Protection of religious freedom is also
interagency processes in which the promotion of IRF “can
affirmed in international law through the United Nations
advance United States national security interests.” The
Universal Declaration of Human Rights, the International
AAL and the IRF Office lead the drafting of the annual
Covenant on Civil and Political Rights, and other
international religious freedom report and advise the
international instruments. Congress has been a strong
Secretary of State on the designation of CPCs. The IRF
advocate for international religious freedom issues and has
Office also provides policy guidance for IRF foreign
sought to ensure U.S. support for religious freedom as a
assistance programs. Former Senator and Kansas Governor
focus of U.S. foreign policy primarily through passage of
Sam Brownback, confirmed by the Senate in January 2018,
the International Religious Freedom Act of 1998.
serves as the current AAL.
Legislative Background
The State Department also has a number of other senior
The International Religious Freedom Act (IRFA) of 1998
positions related to religious freedom. These include the
(P.L. 105-292) is the foundational legislation for U.S.
congressionally mandated positions of Special Envoy for
international religious freedom (IRF) policy. Recognizing
Monitoring and Combating anti-Semitism (vacant as of
religious freedom as a “universal human right,” IRFA
November 2018) and Special Advisor for Religious
created various government mechanisms aimed at
Minorities in the Near East and South/Central Asia (held by
cementing IRF as a key foreign policy priority of the United
Knox Thames), as well as the Special Representative for
States. Most significantly, the law
Religion and Global Affairs (vacant) and the Special
created an Office on International Religious Freedom
Representative to Muslim Communities (vacant).
within the State Department headed by an Ambassador
Proposed Legislation (115th Congress) on the
at Large (AAL) for IRF;
Special Envoy for Monitoring and Combating
required that the Secretary of State issue an annual
anti-Semitism
report on the status of international religious freedom
around the world;
H.R. 1911 and S. 1291, if passed, would make the
mandated that the President identify “countries of
Special Envoy for Monitoring and Combating anti-
particular concern” (CPCs) and prescribed punitive
Semitism an Ambassador-ranked position appointed
actions in response to violations of religious freedom,
by the President with the advice and consent of the
subject to presidential waiver authority; and
Senate. H.R. 1911 passed the house in September
created an independent U.S. commission on
2018. Under current law, the Secretary of State has
international religious freedom.
authority to appoint the Special Envoy. The position
Congress has subsequently strengthened IRFA via
has been vacant since January 20, 2017.
amendment, most notably through the Frank R. Wolf
International Religious Freedom Act (Wolf IRFA; P.L.
114-281), which became law in December 2016. The major
International Religious Freedom
provisions of the law
Report
called for the AAL for IRF to have a greater role within
By law, the Secretary of State is required to transmit to
interagency policy processes and to report directly to the
Congress an annual report on international religious
Secretary of State;
freedom (IRF report). The IRF report, which the Wolf
mandated designation of a “special watch list” of
IRFA has mandated be completed by May 1 each year,
countries with severe violations of religious freedom but
covers developments in each country during the prior
that did not meet CPC criteria;
calendar year and includes information on the status of
mandated designation of nonstate entities of particular
religious freedom, violations of religious freedom, and
concern (EPCs); and
relevant U.S. policies. The IRF reports are the official U.S.
included within the scope of religious freedom the right
government account of religious freedom conditions
“not to profess or practice any religion.”
abroad, and are a primary information source for the
Secretary of State’s CPC designations. The reports covering
The State Department’s Role
calendar year 2017, available on the Department of State
The State Department leads the federal government’s
website, were released on May 29, 2018.
efforts to promote international religious freedom. The
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Global Human Rights: International Religious Freedom Policy
Countries (and Entities) of Particular
The most recent CPC designations and accompanying
Concern
government actions were announced in January 2018 (see
IRFA mandates that the President, using information from
table below). In addition, Pakistan was placed on the
the IRF report and other sources, designate “particularly
special watch list. The first EPC designations, announced in
severe” religious freedom violators as “countries of
March 2018, included al-Nusrah Front, Al Qaeda, Al Qaeda
particular concern” (CPCs). The law defines particularly
in the Arabian Peninsula, al-Shabab, Boko Haram, the
severe violations as systematic, ongoing, and egregious.
Islamic State, the Islamic State-Khorasan, and the Taliban.
Reflecting broader debates over human rights in U.S.
IRFA calls for new CPC designations within 90 days of the
foreign policy, disagreement exists over the wisdom of
IRF Report’s annual release; the State Department has not
officially designating the worst religious freedom violators.
yet announced designations following the May 2018 report.
Proponents argue that this concretely signals U.S. support
for religious freedom and creates diplomatic pressure on
Table 1. CPC Countries and U.S. Actions
governments to improve. Critics contend that it damages
Country
Action
relations and thus may hamper pursuit of other U.S.
Burma (Myanmar)
Referred to preexisting sanctions
interests. Poor religious freedom practices that are linked to
China
Referred to preexisting sanctions
sensitive domestic political issues may be resistant to
Eritrea
Referred to preexisting sanctions
change from outside advocacy. CPC designations have been
Iran
Referred to preexisting sanctions
largely consistent over the years; once designated, countries
North Korea
Referred to preexisting sanctions
have rarely been removed from subsequent CPC lists.
Saudi Arabia
Issued national interest waiver
Sudan
Referred to preexisting sanctions
Figure 1. Countries Most Often Designated as CPCs
Tajikistan
Issued national interest waiver
By Number of Times on CPC List (out of 13 lists since 1999)
Turkmenistan
Issued national interest waiver
Uzbekistan
Issued national interest waiver
Source: U.S. State Department (January 2018).
U.S. Commission on International
Religious Freedom
IRFA established the U.S. Commission on International
Religious Freedom (USCIRF), an independent federal
commission tasked with monitoring IRF conditions,
reviewing U.S. government policy, and making policy
recommendations. USCIRF is bipartisan, with
Source: USCIRF 2018 Annual Report, p. 11.
commissioners appointed by a mix of House and Senate
leadership and the President. Commissioners are appointed
The Wolf IRFA mandated an additional “special watch list”
to two-year terms and are composed of distinguished
of countries with severe religious freedom violations but
individuals in fields relevant to religious freedom. The
that do not reach the threshold of systematic, ongoing, and
AAL for IRF also serves as a nonvoting member. The
egregious. In recognition of religious freedom abuses
current USCIRF Chair is Dr. Tenzin Dorjee, an associate
carried out by the Islamic State and other nonstate actors,
professor of human communication studies at California
Wolf IRFA also added a new requirement that the President
State University, Fullerton, and a scholar and advocate on
designate entities of particular concern (EPCs) and, “when
behalf of the Tibetan community.
practicable,” take actions to address severe violations of
religious freedom committed by EPCs.
USCIRF produces its own annual report with policy
recommendations for promoting religious freedom abroad.
Actions in Response to Religious
USCIRF has used the report to make general policy
Freedom Violations
recommendations, recommend countries for designation as
IRFA prescribes a list of U.S. government actions that may
CPCs, and name additional “Tier 2” countries according to
be exercised in response to religious freedom violations.
criteria roughly analogous to the new official special watch
list. USCIRF’s country
Suggested actions include diplomatic measures such as
lists are typically more expansive
demarches and public condemnations. For CPC countries,
than the official lists designated by the State Department. In
sanctions of varying severity are suggested, including
its report covering calendar year 2017 (released in April
suspension of foreign assistance, trade restrictions, or loan
2018), USCIRF recommended that six additional countries
prohibitions. However, the law provides the executive
be added to the official CPC list, named 12 Tier 2 countries,
branch significant discretion in determining which, if any,
and recommended the Islamic State, the Taliban, and al-
punitive actions to take. Administrations can apply
Shabab as EPCs.
“commensurate substitute action” in lieu of IRFA’s
suggested measures, exempt a country from new sanctions
Additional resources and references are available upon
by referring to already existing human rights-related
request.
sanctions against that country, or waive sanctions by citing
U.S. national interest. In practice, Administrations have
Michael A. Weber, Analyst in Foreign Affairs
generally either referred to sanctions already in place
against CPC countries or issued waivers instead of
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implementing sanctions under IRFA.
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Global Human Rights: International Religious Freedom Policy
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