Updated July 2, 2019
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). Per IRFA, the AAL integrates IRF
religious freedom abroad, reflecting both support for human
policies into U.S. foreign policy efforts and is to participate
rights in U.S. foreign policy as well as the particular
in any interagency processes in which the promotion of IRF
emphasis on freedom of religion in U.S. domestic law and
“can advance United States national security interests.” The
political culture. Protection of religious freedom is also
AAL and the IRF Office lead the drafting of the annual
affirmed in international law through the United Nations
international religious freedom report and advise the
Universal Declaration of Human Rights, the International
Secretary of State on the designation of CPCs. The IRF
Covenant on Civil and Political Rights, and other
Office also provides policy guidance for IRF foreign
instruments. Congress has been a strong advocate for
assistance programs. Former Senator and Kansas Governor
international religious freedom issues and has sought to
Sam Brownback, confirmed by the Senate in January 2018,
ensure U.S. support for religious freedom as a focus of U.S.
serves as the current AAL.
foreign policy, most prominently through passage of the
International Religious Freedom Act of 1998.
Other senior positions related to religious freedom include
the congressionally mandated positions of Special Envoy
Legislative Background
for Monitoring and Combating anti-Semitism (currently
The International Religious Freedom Act (IRFA) of 1998
held by Elan S. Carr) and Special Advisor for Religious
(P.L. 105-292) is the foundational legislation for U.S.
Minorities in the Near East and South/Central Asia (situated
international religious freedom (IRF) policy. Recognizing
in the IRF Office, and currently held by Knox Thames). In
religious freedom as a “universal human right,” IRFA
the past, relevant positions have also included a Special
created various government mechanisms aimed at
Representative for Religion and Global Affairs and a
cementing IRF as a foreign policy priority of the United
Special Representative to Muslim Communities.
States. Most significantly, the law
In June 2019, Secretary of State Pompeo announced that the
created an Office on International Religious Freedom
State Department was “elevating” the IRF Office and the
within the State Department headed by an Ambassador
Office of the Special Envoy for Monitoring and Combating
at Large (AAL) for IRF;
anti-Semitism by designating that these offices report
required that the Secretary of State issue an annual
directly to the Under Secretary of State for Civilian
report on the status of religious freedom around the
Security, Democracy, and Human Rights. The offices had
world;
previously been situated within the Bureau of Democracy,
mandated that the President identify “countries of
Human Rights, and Labor. Pursuant to IRFA, the AAL for
particular concern” (CPCs) and prescribed punitive
IRF continues to report to the Secretary of State.
actions in response to violations of religious freedom,
subject to presidential waiver authority; and
Proposed Legislation in the 116th Congress on
created an independent U.S. commission on
the Special Envoy for Monitoring and
international religious freedom.
Combating anti-Semitism
Congress has subsequently strengthened IRFA via
S. 238 and H.R. 221, if passed, would make the Special
amendment, notably through the Frank R. Wolf
Envoy for Monitoring and Combating anti-Semitism an
International Religious Freedom Act (Wolf IRFA; P.L.
Ambassador-ranked position appointed by the
114-281), which became law in December 2016. The major
President with the advice and consent of the Senate.
provisions of the law
Under current law, the Secretary of State has
called for the AAL for IRF to have a greater role within
authority to appoint the Special Envoy.
interagency policy processes and to report directly to the
Secretary of State;
International Religious Freedom
mandated designation of a “special watch list” of
Report
countries with severe violations of religious freedom but
The international religious freedom (IRF) report, which is
that did not meet CPC criteria;
statutorily required by May 1 each year, covers
mandated designation of nonstate entities of particular
developments in each foreign country during the prior
concern (EPCs); and
calendar year and includes information on the status of
included within the scope of religious freedom the right
“not to pr
religious freedom, violations of religious freedom, and
ofess or practice any religion.”
relevant U.S. policies. The IRF report is the official U.S.
The State Department’s Role
government account of religious freedom conditions
The State Department leads the federal government’s
abroad, and is a primary information source for the
Secretary of State’s “country of particular concern”
efforts to promote international religious freedom. The
designations. The report covering calendar year 2018,
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Global Human Rights: International Religious Freedom Policy
available on the Department of State website, was released
implementing new sanctions under IRFA. The most recent
on June 21, 2019.
CPC designations and accompanying government actions
Countries (and Entities) of Particular
were announced in December 2018 (see Table 1).
Concern
Table 1. CPC Countries and U.S. Actions (Dec. 2018)
IRFA mandates that the President, using information from
Country
Action
the IRF report and other sources, designate “particularly
Burma (Myanmar)
Referred to preexisting sanctions
severe” religious freedom violators as “countries of
China
Referred to preexisting sanctions
particular concern” (CPCs) (see Figure 1). The law defines
Eritrea
Referred to preexisting sanctions
particularly severe violations as those that are systematic,
Iran
Referred to preexisting sanctions
ongoing, and egregious. Reflecting broader debates over
North Korea
Referred to preexisting sanctions
human rights in U.S. foreign policy, disagreement exists
Pakistan
Issued national interest waiver
over the practice of officially designating the worst
Saudi Arabia
Issued national interest waiver
religious freedom violators. Proponents argue that this
Sudan
Referred to preexisting sanctions
concretely signals U.S. support for religious freedom and
Tajikistan
Issued national interest waiver
creates diplomatic pressure on governments to improve.
Turkmenistan
Issued national interest waiver
Critics contend that it damages bilateral relations and thus
may hamper pursuit of other U.S. interests. Poor religious
In addition, Comoros, Russia, and Uzbekistan were placed
freedom practices that are linked to sensitive domestic
on the special watch list. Uzbekistan had been repeatedly
political issues may be resistant to change from outside
designated as a CPC country in prior years, marking a rare
advocacy.
Figure 1. Countries Most Often Designated as CPCs
instance of a country having been removed from the CPC
list. EPC designations were al-Nusrah Front, Al Qaeda, Al
By Number of Times on CPC List (out of 14 lists since 1999)
Qaeda in the Arabian Peninsula, al-Shabab, Boko Haram,
the Houthis, the Islamic State, the Islamic State-Khorasan,
and the Taliban.
IRFA calls for new CPC designations within 90 days of the
IRF Report’s annual release; designations following the
June 2019 IRF Report are due by late September.
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
The Wolf IRFA mandated an additional “special watch list”
recommendations. USCIRF is bipartisan, with
of countries with severe religious freedom violations but
commissioners appointed by a mix of House and Senate
that do not reach the threshold of systematic, ongoing, and
leadership and the President. Per IRFA, commissioners are
egregious. In recognition of religious freedom abuses
appointed to one-year or two-year terms and are to be
carried out by the Islamic State and other nonstate actors,
composed of distinguished individuals in fields relevant to
Wolf IRFA also added a new requirement that the President
religious freedom. The AAL for IRF also serves as a
designate entities of particular concern (EPCs) and, “when
nonvoting member. USCIRF in June 2019 elected Tony
practicable,” take actions to address severe violations of
Perkins, president of the Family Research Council, as
religious freedom committed by EPCs.
USCIRF’s Chair for 2019-2020.
Actions in Response to Religious
Freedom Violations
USCIRF produces its own annual report with policy
recommendations for promoting religious freedom abroad.
IRFA prescribes a list of U.S. government actions that may
USCIRF has used the report to make general policy
be exercised in response to religious freedom violations.
recommendations, recommend CPC and EPC designations,
Suggested actions include diplomatic measures such as
and name additional “Tier 2” countries according to criteria
demarches and public condemnations. For CPC countries,
roughly analogous to the new official special watch list.
sanctions of varying severity are suggested, including
USCIRF’s country lists are typically more expansive than
suspension of foreign assistance, trade restrictions, or loan
the official lists designated by the State Department. In its
prohibitions. However, the law provides the executive
report covering calendar year 2018 (released in April 2019),
branch significant discretion in determining which, if any,
USCIRF recommended that six additional countries be
punitive actions to take. Administrations can apply
added to the official CPC list, named 12 “Tier 2” countries,
“commensurate substitute action” in lieu of IRFA’s
and recommended the Islamic State, the Taliban, al-Shabab,
suggested measures, exempt a country from new sanctions
the Houthis, and Hay’at Tahrir al-Sham (a militant
by referring to already existing human rights-related
opposition group in Syria) as EPCs.
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
IF10803
against CPC countries or issued waivers instead of
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Global Human Rights: International Religious Freedom Policy
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