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Updated July 20, 2021
Global Human Rights: International Religious Freedom Policy
Introduction
The State Department’s Role
For decades, U.S. policymakers have sought to promote
The State Department leads the federal government’s
religious freedom abroad, reflecting both support for human
efforts to promote international religious freedom. The
rights in U.S. foreign policy as well as the particular
AAL for IRF heads the Office on International Religious
emphasis on freedom of religion in U.S. domestic law and
Freedom (IRF Office). Per IRFA, the AAL integrates IRF
political culture. Protection of religious freedom is also
policies into U.S. foreign policy efforts and is to participate
affirmed in international law through the United Nations
in any interagency processes in which the promotion of IRF
Universal Declaration of Human Rights, the International
“can advance United States national security interests.” The
Covenant on Civil and Political Rights, and other
AAL and the IRF Office lead the drafting of the annual
instruments. Congress has been an advocate for
international religious freedom report and advise the
international religious freedom issues and has sought to
Secretary of State on U.S. policy actions in response to
ensure continued support for religious freedom as a focus of
religious freedom violations. The AAL for IRF position is
U.S. foreign policy, most prominently through passage of
currently vacant (in July 2021, the Biden Administration
the International Religious Freedom Act of 1998 (IRFA).
indicated that a nomination for the position would be made
Legislative Background
in the coming weeks). A related senior position is the
The International Religious Freedom Act of 1998 (P.L.
congressionally mandated Special Envoy for Monitoring
105-292) is the foundational legislation for U.S.
and Combating anti-Semitism (currently vacant), which
international religious freedom (IRF) policy. Recognizing
was upgraded to a presidentially appointed position with the
religious freedom as a “universal human right,” IRFA
rank of ambassador by P.L. 116-326, enacted in January
created various government mechanisms aimed at
2021.
cementing IRF as a foreign policy priority of the United
States. Most significantly, the law
During the tenure of former Secretary of State Michael
Pompeo, the IRF Office and the Office of the Special
created an Office on International Religious Freedom
Envoy for Monitoring and Combating anti-Semitism were
within the State Department headed by an Ambassador
positioned to report directly to the Under Secretary of State
at Large (AAL) for IRF;
for Civilian Security, Democracy, and Human Rights, after
required that the Secretary of State issue an annual
previously being situated within the Bureau of Democracy,
report on the status of religious freedom around the
Human Rights, and Labor. Pursuant to IRFA, the AAL for
world;
IRF is to continue to report to the Secretary of State.
International Religious Freedom
mandated that the President identify “countries of
particular concern” (CPCs) and prescribed punitive
Report
actions in response to violations of religious freedom,
The IRF report, which is statutorily required by May 1 each
subject to presidential waiver authority;
year, covers developments in each foreign country during
the prior calendar year and includes information on the
created the independent U.S. Commission on
status of religious freedom, violations of religious freedom,
International Religious Freedom (USCIRF); and
and relevant U.S. policies. The IRF report is the official
amended the Immigration and Nationality Act (INA) to
U.S. government account of religious freedom conditions
make inadmissible into the United States foreign
abroad, and is a primary information source for the
government officials who have committed particularly
Secretary of State’s “country of particular concern”
severe religious freedom violations.
designations. The report covering calendar year 2020 was
submitted to Congress on May 12, 2021, and is available on
Congress has subsequently strengthened IRFA via
the Department of State website.
amendment, notably through the Frank R. Wolf
International Religious Freedom Act (Wolf IRFA; P.L.
Countries (and Entities) of Particular
114-281), which became law in December 2016. The major
Concern
provisions of the law
IRFA mandates that the President, using information from
the IRF report and other sources, designate “particularly
called for the AAL for IRF to have a greater role within
severe” religious freedom violators as “countries of
interagency policy processes and to report directly to the
particular concern” (CPCs) (see Figure 1). The law defines
Secretary of State;
particularly severe violations as those that are systematic,
mandated designation of a “special watch list” of
ongoing, and egregious. The Wolf IRFA mandated an
countries with severe violations of religious freedom but
additional “special watch list” of countries with severe
that did not meet CPC criteria; and
religious freedom violations but that do not reach the
threshold of systematic, ongoing, and egregious. In
mandated designation of nonstate entities of particular
recognition of religious freedom abuses carried out by the
concern (EPCs).
Islamic State and other nonstate actors, Wolf IRFA also
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Global Human Rights: International Religious Freedom Policy
added a new requirement that the President designate
Al Qaeda, Boko Haram, Hayat Tahrir al-Sham, the Houthis,
entities of particular concern (EPCs) and, “when
the Islamic State, Islamic State-Greater Sahara, Islamic
practicable,” take actions to address severe violations of
State-West Africa, Jamaat Nasr al-Islam wal Muslimin, and
religious freedom committed by EPCs.
the Taliban.
Figure 1. Countries Most Often Designated as CPCs
Executive Order (E.O.) 13926
By Number of Times on CPC List (out of 16 lists since 1999)
E.O. 13926, issued on June 2, 2020, declared religious
freedom to be a “moral and national security
imperative” and directed the executive branch to
prioritize promoting religious freedom in U.S. foreign
policy. The E.O. directed U.S. Chiefs of Mission to
develop action plans to promote IRF in CPCs, special
watch list countries, countries with EPCs, and any
other countries that have engaged in or tolerated
violations of religious freedom, and directed that the
State Department and USAID budget at least $50
mil ion annual y in foreign assistance for promoting IRF
“to the extent feasible” and subject to the availability
of appropriations, among other directives.
U.S. Commission on International
Source: Compiled by CRS based on U.S. State Department releases.
Religious Freedom (USCIRF)
Actions in Response to Religious
IRFA established USCIRF, an independent federal
Freedom Violations
commission tasked with monitoring IRF conditions,
IRFA provides an escalating list of U.S. government actions
reviewing U.S. government policy, and making policy
that may be exercised in response to religious freedom
recommendations. The President and House and Senate
violations engaged in or tolerated by foreign governments.
leadership appoint USCIRF commissioners, and IRFA’s
Actions include diplomatic measures such as demarches,
provisions ensure its composition reflects recommendations
public condemnations, or the cancellation of meetings or
of both the majority and minority party. Commissioners are
exchanges. For CPCs, the executive branch is to implement
appointed to two-year terms and are to be distinguished
one or more sanctions suggested by IRFA, such as foreign
individuals in fields relevant to religious freedom. The
assistance restrictions, trade restrictions, or loan
AAL for IRF also serves as a nonvoting member. USCIRF
prohibitions. However, the law provides the executive
in June 2021 elected Nadine Maenza as the commission’s
branch significant discretion in determining which, if any,
Chair for 2021-2022. Through Division J, Title VII of P.L.
punitive actions to take. Administrations can apply
116-94, enacted in December 2019, Congress reauthorized
commensurate substitute action in lieu of IRFA’s suggested
USCIRF through September 2022 and amended some of
USCIRF’s statutorily required duties and personnel matters.
measures against CPCs, exempt a CPC from new sanctions
by referring to already existing human rights-related
Pursuant to IRFA, USCIRF produces its own annual report,
sanctions against that country, or waive sanctions by citing
which it has utilized to analyze the executive branch’s
U.S. national interest. In practice, Administrations have
implementation of IRFA during the preceding year, make
generally either referred to sanctions already in place
general policy recommendations, and recommend CPC,
against CPCs or issued waivers instead of implementing
special watch list, and EPC designations. USCIRF’s
new sanctions under IRFA. The most recent CPC
recommendations for designations are typically more
designations and accompanying government actions were
expansive than the official designations by the State
determined in December 2020 (see Table 1).
Department. In its report covering calendar year 2020
Table 1. CPCs and U.S. Actions (Dec. 2020)
(released in April 2021), USCIRF recommended that four
Country
Action
countries be added to the official CPC list in addition to
Burma (Myanmar)
Referred to preexisting sanctions
those already on it: India, Russia, Syria, and Vietnam.
China
Referred to preexisting sanctions
USCIRF similarly recommended that 10 countries be
Eritrea
Referred to preexisting sanctions
placed on the special watch list in addition to the countries
Iran
Referred to preexisting sanctions
already on the list. The joint explanatory statement for the
Nigeria
Issued national interest waiver
FY2021 State Department, Foreign Operations, and Related
North Korea
Referred to preexisting sanctions
Programs Appropriations Act (Division K of P.L. 116-260)
Pakistan
Issued national interest waiver
directed that the Secretary of State inform the House and
Saudi Arabia
Issued national interest waiver
Senate Appropriations and Foreign Affairs/Foreign
Tajikistan
Issued national interest waiver
Relations Committees “of the rationale if the USCIRF
Turkmenistan
Issued national interest waiver
recommends the designation of a country as a [CPC] in its
annual report, and the Department of State does not
Source: 86 Federal Register 2718.
designate such country within 30 days of such a decision.”
In addition, the State Department placed Comoros, Cuba,
Michael A. Weber, Analyst in Foreign Affairs
Nicaragua, and Russia on the special watch list. Sudan and
Uzbekistan were removed from their prior listing as special
IF10803
watch list countries. EPC designations included al-Shabaab,
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Global Human Rights: International Religious Freedom Policy
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