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Updated April 14, 2022
Global Human Rights: The Department of State’s Country
Reports on Human Rights Practices
Introduction
(22 U.S.C. §2304), added in 1974 and substantially
The State Department’s Country Reports on Human Rights
strengthened in 1976, sought to withhold U.S. security
Practices are an annual U.S. government account of human
assistance from countries the governments of which engage
rights conditions in countries around the globe. The reports
in “a consistent pattern of gross violations of internationally
characterize countries on the basis of their adherence to
recognized human rights.” Section 116 (22 U.S.C. §2151n),
“internationally recognized human rights,” which generally
added in 1975 and also strengthened in the years following,
refer to civil, political, and worker rights set forth in the
imposed similar restrictions for recipients of U.S.
Universal Declaration of Human Rights and other
development assistance. Contained within these provisions
international human rights agreements.
was language requiring that the Secretary of State transmit
to Congress each year a report on the human rights
The most recent reports cover calendar year 2021 and were
conditions of recipient countries; an amendment to Section
issued on April 12, 2022. They provide individual
116 in 1979 broadened the reporting requirement to cover
narratives on countries and territories worldwide and are
all other foreign countries. This language thus served as the
available on the Department of State website. As with prior
legislative basis for the State Department’s annual human
reports, the 2021 reports do not compare countries or rank
rights reports. Despite the legislative origin of the reports in
them based on the severity of human rights abuses
connection with U.S. foreign assistance, the role that the
documented. In a preface to the 2021 reports, the State
Department referred to “ongoing human rights abuses and
reports should play with regard to assistance decisions or
U.S. foreign policy more broadly has been the subject of
violations in many countries, continued democratic
debate (see “Relationship to U.S. Foreign Policy” below).
backsliding on several continents, and creeping
authoritarianism that threatens both human rights and
Evolution of the Reports
democracy.” In remarks introducing the reports, Secretary
In the early reports, there was concern within the State
of State Antony Blinken described “alarming” trends,
Department about publicly characterizing the human rights
including governments “growing more brazen in reaching
across borders to threaten and attack critics”
conditions in other countries, particularly that of U.S. allies.
(sometimes
The first reports were criticized for being biased and thin on
referred to as transnational repression) and imprisoning
substance. Over time, with improvements in the breadth,
domestic critics, citing “more than a million” political
quality, and accuracy of the reports, many observers have
prisoners being held in over 65 countries. Blinken referred
come to recognize them as authoritative. At the same time,
specifically to human rights violations in Afghanistan,
countries whose human rights conditions are criticized in
China, Cuba, Egypt, Ethiopia, and Russia, among other
the reports often publicly defend their record and/or dismiss
countries, as well as “widespread atrocities” connected with
Russia’
the reports as biased.
s invasion of Ukraine (the reports themselves cover
only events that occurred during calendar year 2021).
The State Department has gradually broadened the scope of
the reports to add or expand coverage of certain topics,
Categories Covered in the 2021 Reports
sometimes due to congressional amendments to the
Integrity of the Person
statutory requirements or other directives, such as those
Civil Liberties
accompanying State Department appropriations bills.
Political Freedoms
Topics that now receive increased coverage include, for
Corruption and Government Transparency
example, press and internet freedoms, corruption and
Governmental Attitude toward Human Rights Investigations
government transparency, and human rights abuses based
Discrimination and Societal Abuses
on sexual orientation and gender identity. In addition, the
Worker Rights
reports now reference separate congressionally mandated
Legislative Mandate
reports on international religious freedom (IRF) and
trafficking in persons (TIP). Most recently, topics that have
The foundational statutory requirement for the human rights
received new or increased coverage in the 2020 or 2021
reports is found in Sections 116 and 502B of the Foreign
reports include country actions in response to the
Assistance Act (FAA) of 1961 (P.L. 87-195), as amended.
Coronavirus Disease 2019 pandemic that negatively
Both of these provisions were first enacted via
affected human rights, threats and violence against human
congressional amendments in the mid-1970s and have been
rights defenders, transnational repression, and the use of
broadened and strengthened over time through additional
technology to arbitrarily or unlawfully surveil or interfere
amendments.
with the privacy of individuals. The most recent reports also
The 1970s was a formative period for human rights-related
contain information on reproductive rights that was not
legislation as Congress sought to enshrine human rights as a
included in the reports produced during the Trump
priority in U.S. foreign policy. Section 502B of the FAA
Administration, but was included during the Obama
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Global Human Rights: The Department of State’s Country Reports on Human Rights Practices
Administration. Some bills introduced in the 117th Congress
officials have at times noted that the United States
would amend the FAA to require new or additional
participates in mechanisms that evaluate domestic human
coverage related to these or other specific issues (or
rights conditions, such as the United Nations Human Rights
permanently mandate coverage that is currently included in
Council’s Universal Periodic Review (UPR). The United
practice), such as attacks and surveillance against
States underwent its third and most recent review in 2020,
journalists, or discrimination related to sexual orientation,
and the council adopted the United States’ UPR report in
gender identity, or sex characteristics.
March 2021.
Drafting and Review Process
Relationship to U.S. Foreign Policy
The State Department’s Bureau of Democracy, Human
Given that most nations may seek to avoid being identified
Rights, and Labor (DRL) coordinates the drafting and
as a human rights-violating nation by the U.S. government,
issuance of the human rights reports. Embassy officers use
the human rights reports may help incentivize
reporting guidance, issued annually by DRL, to formulate
improvements in human rights practices in some cases.
initial drafts for each country. The reports are then edited
Beyond this possible “name and shame” dynamic, the
by DRL staff and further refined in consultation with other
reports have in practice more often served as an information
relevant State Department offices and the embassies (see
source for U.S. policy than as an instrument for restricting
Figure 1). The Department of Labor also contributes to the
U.S. foreign aid. Findings from the reports appear to have
portions concerning worker rights. Information sources for
infrequently been used to restrict aid in accordance with
the reports are wide-ranging and may include
Section 116 or Section 502B of the FAA, and these
nongovernmental organizations, press reports, academic
provisions do not require that the State Department
and congressional studies, international organizations,
characterize in the reports which, if any, governments have
governments, and alleged victims of human rights abuses.
met the statutory standard of “a consistent pattern of gross
Figure 1. Overview of the Report Drafting Process
violations of internationally human rights.” This differs
somewhat from other similar annual reports that Congress
mandated in later years, such as those on IRF and TIP,
which feature mechanisms to publicly designate
problematic governments for potential punitive action.
The State Department has generally contended that the
reports serve as a valuable tool in informing U.S. policy on
human rights as well as decisions on foreign aid, asylum,
and other matters. Human rights advocates have at times
argued for the reports to play a more concrete role in
influencing U.S. relations with foreign governments, with
some pointing to what they view as historically insufficient
adherence by the executive branch to the above-discussed
provisions requiring the withholding of assistance from
consistent gross violators of human rights.
Some analysts and policymakers argue that tying U.S.
policy too closely to human rights can overly constrain the
Source: Created by CRS based on GAO-12-561R (May 2012), p. 8.
U.S. government’s flexibility to address other challenges
Note: Timelines are for il ustrative purposes and may vary.
affecting U.S. interests. In contrast, supporters of robust
human rights and democracy promotion argue that doing so
By law, the reports are to be issued by February 25 each
serves U.S. interests over the long term. In his remarks
year, but in practice the issuance is often delayed until
introducing the 2021 reports, Secretary Blinken argued that
March or April. According to GAO, preparing the reports
“respect for human rights is a fundamental part of
“involves a significant commitment of State time and
upholding the international rules-based order,” contending
resources” within DRL and at embassies. In an October
that governments that violate human rights are typically
2018 report, the State Department Office of Inspector
those that engage in malign activities that undermine other
General (OIG) found that DRL had “established generally
effective processes” for report production.
aspects of this order.
Human Rights in the United States
The scope and content of the reports and the role they
should serve, as well as the role of human rights in U.S.
The FAA requires that the reports cover foreign countries,
foreign policy more broadly, have been contested since the
and does not mandate coverage of human rights conditions
reports began in the 1970s. Congress has been a key actor
in the United States. (The aforementioned annual report on
in these debates, often as a source of pressure on the
IRF similarly covers only foreign countries, while the
executive branch to place greater emphasis on human rights
annual report on TIP is required to cover U.S. domestic
when formulating foreign policy.
efforts to combat the practice.) An appendix to the 2021
reports also states that the reports “do not describe or assess
Michael A. Weber, Analyst in Foreign Affairs
the human rights implications of actions taken by the U.S.
Government or its representatives.” State Department
IF10795
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Global Human Rights: The Department of State’s Country Reports on Human Rights Practices
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