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Updated April 7, 2022
Global Human Rights: International Religious Freedom Policy
For decades, U.S. policymakers have sought to promote
policy efforts and is to participate in any interagency
religious freedom abroad, reflecting both a prioritization of
processes in which the promotion of IRF “can advance
human rights in U.S. foreign policy generally as well as an
United States national security interests.” The AAL and the
emphasis on religious freedom in U.S. domestic law and
IRF Office lead the drafting of the IRFA-mandated annual
political culture. Protection of religious freedom is also
international religious freedom report and advise the
affirmed in international law through the United Nations
Secretary of State on U.S. policy actions in response to
Universal Declaration of Human Rights, the International
religious freedom violations. The position is currently held
Covenant on Civil and Political Rights, and other
by Rashad Hussain, whom the Senate confirmed in
instruments. Congress has sought to ensure continued
December 2021 following nomination by President Biden.
support for religious freedom as a focus of U.S. foreign
A related senior position is the congressionally mandated
policy, most prominently through passage of the
Special Envoy for Monitoring and Combating anti-
International Religious Freedom Act of 1998.
Semitism (currently held by Deborah Lipstadt), which was
upgraded to a presidentially appointed position with the
Legislative Background
rank of ambassador by P.L. 116-326, enacted in January
The International Religious Freedom Act of 1998 (IRFA;
2021.
P.L. 105-292) is the foundational legislation for U.S.
international religious freedom (IRF) policy. Recognizing
The joint explanatory statement accompanying the FY2022
religious freedom as a “universal human right,” IRFA
State Department, Foreign Operations, and Related
created various government mechanisms aimed at
Programs Appropriations Act (SFOPS; Division K of P.L.
cementing IRF as a foreign policy priority of the United
117-103) directs that the Secretary of State brief the
States. Most significantly, the law
Committees on Appropriations on efforts and opportunities
to expand IRF programs within 90 days of enactment.
created an Office on International Religious Freedom
within the State Department headed by an Ambassador
International Religious Freedom
at Large (AAL) for IRF;
Report
required that the Secretary of State issue an annual
The IRF report, which is statutorily required by May 1 each
report on the status of religious freedom around the
year, covers developments in each foreign country during
world;
the prior calendar year and includes information on the
status of religious freedom, violations of religious freedom,
mandated that the President identify “countries of
and relevant U.S. policies. The IRF report is the official
particular concern” (CPCs) and prescribed punitive
U.S. government account of religious freedom conditions
actions in response to violations of religious freedom,
abroad, and is a primary information source for the
subject to presidential waiver authority; and
executive branch’s “country of particular concern”
created the independent U.S. Commission on
designations. The report covering calendar year 2020 was
International Religious Freedom (USCIRF).
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
Countries (and Entities) of Particular
International Religious Freedom Act (Wolf IRFA; P.L.
Concern
114-281), which became law in December 2016. The major
IRFA mandates that the President (subsequently delegated
provisions of the law
to the Secretary of State), using information from the IRF
assigned a greater role within interagency policy
report and other sources, annually designate as “countries
processes for the AAL for IRF, and mandated that the
of particular concern” (CPCs) those countries the
position report directly to the Secretary of State;
governments of which have engaged in or tolerated
“particularly severe” religious freedom
violations (see
mandated designation of a “special watch list” of
Figure 1). The law defines particularly severe violations as
countries with severe violations of religious freedom but
those that are systematic, ongoing, and egregious. The Wolf
that did not meet CPC criteria; and
IRFA mandated an additional “special watch list” of
mandated designation of non-state entities of particular
countries with severe religious freedom violations but that
concern (EPCs).
do not reach the threshold of systematic, ongoing, and
The State Department’s Role
egregious. In recognition of religious freedom abuses
carried out by the Islamic State and other non-state actors,
The State Department leads the federal government’s
Wolf IRFA also added a new requirement that the President
efforts to promote international religious freedom. The
designate entities of particular concern (EPCs) and, “when
AAL for IRF heads the State Department’s Office on
practicable,” take actions to address severe violations of
International Religious Freedom (IRF Office). Per IRFA, as
religious freedom committed by EPCs.
amended, the AAL integrates IRF policies into U.S. foreign
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Global Human Rights: International Religious Freedom Policy
Figure 1. Countries Most Often Designated as CPCs
State-Greater Sahara, Islamic State-West Africa, Jamaat
By Number of Times on CPC List (out of 17 lists since 1999)
Nasr al-Islam wal Muslimin, and the Taliban.
Executive Order (E.O.) 13926
E.O. 13926 of 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 the budgeting of at least $50
million annually 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 also 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 may include diplomatic measures such as
provisions ensure its composition reflects recommendations
demarches, public condemnations, or the cancellation of
of both the majority and minority party. Commissioners are
meetings or exchanges. For CPCs, the executive branch is
appointed to two-year terms and are to be distinguished
to implement one or more sanctions suggested by IRFA,
individuals in fields relevant to religious freedom. The
such as foreign assistance restrictions, trade restrictions, or
AAL for IRF also serves as a nonvoting member. USCIRF
loan prohibitions. The law provides the executive branch
in June 2021 elected Nadine Maenza as the commission’s
significant discretion in determining which, if any, punitive
chair for 2021-2022. USCIRF is currently authorized
actions to take. Administrations can apply commensurate
through September 2022.
substitute action in lieu of IRFA’s suggested measures
Pursuant to IRFA, USCIRF produces its own annual report,
against CPCs, exempt a CPC from new sanctions by
which it has utilized to analyze the executive branch’s
referring to already existing human rights-related sanctions
implementation of IRFA during the preceding year, make
against that country, or waive sanctions by citing U.S.
general policy recommendations, and recommend CPC,
national interest. In practice, Administrations have
special watch list, and EPC designations. USCIRF’s
generally either referred to sanctions already in place
recommendations for CPC and other designations are
against CPCs or issued waivers instead of implementing
typically more expansive than the official State Department
new sanctions under IRFA. The most recent CPC
designations. In its report covering calendar year 2020
designations and accompanying government actions were
(released in April 2021), USCIRF recommended that four
determined in November 2021 (see Table 1).
countries be added to the official CPC list in addition to
Table 1. CPCs and U.S. Actions (Nov. 2021)
those that were already on it: India, Russia, Syria, and
Country
Action
Vietnam. As indicated in Table 1, the State Department
Burma (Myanmar)
Referred to preexisting sanctions
subsequently added Russia to the CPC list but removed
China
Referred to preexisting sanctions
Nigeria, which USCIRF had recommended be redesignated.
Eritrea
Referred to preexisting sanctions
Recent joint explanatory statements accompanying enacted
Iran
Referred to preexisting sanctions
SFOPS bills have directed the State Department to inform
North Korea
Referred to preexisting sanctions
appropriate congressional committees regarding the
Pakistan
Issued national interest waiver
rationale for decisions not to designate as CPCs those
Russia
Referred to preexisting sanctions
countries that USCIRF has recommended be designated as
Saudi Arabia
Issued national interest waiver
such, within 30 days of such decisions.
Tajikistan
Issued national interest waiver
Turkmenistan
Issued national interest waiver
FY2022 SFOPS included a directive that USCIRF also
monitor and report on laws and policies of foreign
Source: 86 Federal Register 67780.
governments “that permit or condone discrimination
Russia was listed as a CPC for the first time, after having
against, or violations of human rights of, minority groups
been listed as a special watch list country in recent prior
and other vulnerable communities on the basis of religion.”
years, while Nigeria was removed from the CPC list. In
addition, the State Department placed Algeria, Comoros,
Michael A. Weber, Analyst in Foreign Affairs
Cuba, and Nicaragua on the special watch list. EPC
IF10803
designations included al-Shabaab, Boko Haram, Hayat
Tahrir al-Sham, the Houthis, the Islamic State, Islamic
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Global Human Rights: International Religious Freedom Policy
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https://crsreports.congress.gov | IF10803 · VERSION 21 · UPDATED