Updated December 27, 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;
Proposed Legislation in the 116th Congress
created the independent U.S. Commission on
International Religious Freedom (USCIRF); and
S. 238 and H.R. 221, if passed, would make the Special
amended the Immigration and Nationality Act (INA) to
Envoy for Monitoring and Combating anti-Semitism an
make inadmissible into the United States foreign
Ambassador-ranked position appointed by the
government officials who have committed particularly
President with the advice and consent of the Senate.
severe religious freedom violations.
Under current law, the Secretary of State has
authority to appoint the Special Envoy.
Congress has subsequently strengthened IRFA via
amendment, notably through the Frank R. Wolf
International Religious Freedom
International Religious Freedom Act (Wolf IRFA; P.L.
Report
114-281), which became law in December 2016. The major
provisions of the law
The international religious freedom (IRF) report, which is
statutorily required by May 1 each year, covers
called for the AAL for IRF to have a greater role within
developments in each foreign country during the prior
interagency policy processes and to report directly to the
calendar year and includes information on the status of
Secretary of State;
religious freedom, violations of religious freedom, and
mandated designation of a “special watch list” of
relevant U.S. policies. The IRF report is the official U.S.
countries with severe violations of religious freedom but
government account of religious freedom conditions
that did not meet CPC criteria; and
abroad, and is a primary information source for the
mandated designation of nonstate entities of particular
Secretary of State’s “country of particular concern”
concern (EPCs).
designations. The report covering calendar year 2018,
The State Department’s Role
available on the Department of State website, was released
The State Department leads the federal government’s
on June 21, 2019.
efforts to promote international religious freedom. The
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Global Human Rights: International Religious Freedom Policy
Countries (and Entities) of Particular
CPC designations and accompanying government actions
Concern
were announced in December 2019 (see Table 1).
IRFA mandates that the President, using information from
the IRF report and other sources, designate “particularly
Table 1. CPCs and U.S. Actions (Dec. 2019)
severe” religious freedom violators as “countries of
Country
Action
particular concern” (CPCs) (see Figure 1). The law defines
Burma (Myanmar)
Referred to preexisting sanctions
particularly severe violations as those that are systematic,
China
Referred to preexisting sanctions
ongoing, and egregious.
Eritrea
Referred to preexisting sanctions
Figure 1. Countries Most Often Designated as CPCs
Iran
Referred to preexisting sanctions
By Number of Times on CPC List (out of 15 lists since 1999)
North Korea
Referred to preexisting sanctions
Pakistan
Issued national interest waiver
Saudi Arabia
Issued national interest waiver
Tajikistan
Issued national interest waiver
Turkmenistan
Issued national interest waiver
In addition, the State Department placed Comoros, Cuba,
Nicaragua, Nigeria, Russia, Sudan, and Uzbekistan on the
special watch list. Sudan was removed from its prior listing
as a CPC “due to significant steps taken by the civilian-led
transitional government” to address the prior government’s
religious freedom violations. This was the first time since
IRFA’s enactment that Sudan was not listed as a CPC. EPC
designations were al-Nusrah Front, Al Qaeda, Al Qaeda in
the Arabian Peninsula, al-Shabab, Boko Haram, the
Houthis, the Islamic State, the Islamic State-Khorasan, and
The Wolf IRFA mandated an additional “special watch list”
the Taliban.
of countries with severe religious freedom violations but
U.S. Commission on International
that do not reach the threshold of systematic, ongoing, and
Religious Freedom
egregious. In recognition of religious freedom abuses
IRFA established the U.S. Commission on International
carried out by the Islamic State and other nonstate actors,
Religious Freedom (USCIRF), an independent federal
Wolf IRFA also added a new requirement that the President
commission tasked with monitoring IRF conditions,
designate entities of particular concern (EPCs) and, “when
reviewing U.S. government policy, and making policy
practicable,” take actions to address severe violations of
recommendations. USCIRF is bipartisan, with
religious freedom committed by EPCs.
commissioners appointed by a mix of House and Senate
leadership and the President. Per IRFA, commissioners are
Reflecting broader debates over human rights in U.S.
appointed to one-year or two-year terms and are to be
foreign policy, some disagreement exists over the practice
composed of distinguished individuals in fields relevant to
of officially designating countries that are the worst
religious freedom. The AAL for IRF also serves as a
religious freedom violators. Proponents argue that this
nonvoting member. USCIRF in June 2019 elected Tony
concretely signals U.S. support for religious freedom and
Perkins, president of the Family Research Council, as
creates diplomatic pressure on these governments to
USCIRF’s Chair for 2019-2020. Legislation pending in the
improve. Critics contend that it damages bilateral relations
116th Congress, S. 2503 and H.R. 5379, would amend rules
and thus may hamper pursuit of other U.S. interests.
concerning the service tenure of commissioners, among
Actions in Response to Religious
other proposed changes, and would reauthorize USCIRF
Freedom Violations
through FY2023.
IRFA prescribes a list of U.S. government actions that may
USCIRF produces its own annual report with policy
be exercised in response to religious freedom violations.
recommendations for promoting religious freedom abroad.
Suggested actions include diplomatic measures such as
USCIRF has used the report to make general policy
demarches and public condemnations. For CPC countries,
recommendations, recommend CPC and EPC designations,
sanctions of varying severity are suggested, including
and name additional “Tier 2” countries according to criteria
suspension of foreign assistance, trade restrictions, or loan
roughly analogous to the new official special watch list.
prohibitions. However, the law provides the executive
USCIRF’s country lists are typically more expansive than
branch significant discretion in determining which, if any,
the official lists designated by the State Department. In its
punitive actions to take. Administrations can apply
report covering calendar year 2018 (released in April 2019),
“commensurate substitute action” in lieu of IRFA’s
USCIRF recommended that six additional countries be
suggested measures, exempt a country from new sanctions
added to the official CPC list, named 12 “Tier 2” countries,
by referring to already existing human rights-related
and recommended the Islamic State, the Taliban, al-Shabab,
sanctions against that country, or waive sanctions by citing
the Houthis, and Hay’at Tahrir al-Sham (a militant
U.S. national interest. In practice, Administrations have
opposition group in Syria) as EPCs.
generally either referred to sanctions already in place
against CPC countries or issued waivers instead of
Michael A. Weber, Analyst in Foreign Affairs
implementing new sanctions under IRFA. The most recent
IF10803
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Global Human Rights: International Religious Freedom Policy
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