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Updated April 10, 2023
Global Human Rights: International Religious Freedom Policy
For decades, U.S. policymakers have sought to promote
President Biden. A related senior position is the
religious freedom abroad, reflective both of a general
congressionally mandated Special Envoy for Monitoring
interest in promoting human rights through U.S. foreign
and Combating anti-Semitism (currently held by Deborah
policy, as well as the emphasis on religious freedom in U.S.
Lipstadt), which was upgraded to a presidentially appointed
domestic law and political culture. Protection of religious
position with the rank of ambassador by P.L. 116-326,
freedom is also affirmed in international law through the
enacted in January 2021.
United Nations Universal Declaration of Human Rights, the
In the FY2023 State Department, Foreign Operations, and
International Covenant on Civil and Political Rights, and
Related Programs Appropriations Act (SFOPS; Division K
other instruments. Congress has sought to ensure continued
of P.L. 117-328) and accompanying explanatory statement,
support for religious freedom as a focus of U.S. relations
Congress directed not less than $20 million for IRF foreign
with other nations, most prominently through passage of the
assistance programs under the responsibility of the AAL for
International Religious Freedom Act of 1998.
IRF, among other IRF-related directives.
Legislative Background
International Religious Freedom
The International Religious Freedom Act of 1998 (IRFA;
Report
P.L. 105-292; 22 U.S.C. 6401 et seq.) is the foundational
legislation for U.S. international religious freedom (IRF)
The IRF report, which is statutorily required by May 1 each
policy. Recognizing religious freedom as a “universal
year, covers developments in each foreign country during
human right,” IRFA created various government
the prior calendar year and includes information on the
mechanisms aimed at cementing IRF as a foreign policy
status of religious freedom, violations of religious freedom,
priority of the United States. Most significantly, the law
and relevant U.S. policies. The IRF report is the official
U.S. government account of religious freedom conditions
created an Office on International Religious Freedom
abroad, and is a primary information source for the
within the State Department headed by an Ambassador
executive branch’s “country of particular concern”
at Large (AAL) for IRF;
designations. The report covering calendar year 2021 was
submitted to Congress on June 2, 2022, and is available on
required that the Secretary of State issue an annual
the Department of State website.
report on the status of religious freedom around the
world;
Countries (and Entities) of Particular
mandated that the President identify “countries of
Concern
particular concern” (CPCs) and prescribed U.S.
IRFA mandates that the President (subsequently delegated
government actions in response to violations of religious
to the Secretary of State), using information from the IRF
freedom, subject to presidential waiver authority; and
report and other sources, annually designate as “countries
of particular concern” (CPCs) those countries the
created the independent U.S. Commission on
governments of which have engaged in or tolerated
International Religious Freedom (USCIRF).
“particularly severe” religious freedom violations (see
Congress has subsequently strengthened IRFA through
Figure 1). The law defines particularly severe violations of
amendment and the enactment of related provisions,
religious freedom as “systematic, ongoing, and egregious”
notably through the Frank R. Wolf International Religious
violations, including violations such as torture; cruel,
Freedom Act (Wolf IRFA; P.L. 114-281), which became
inhuman, or degrading treatment or punishment; prolonged
law in December 2016.
detention without charges; forced disappearances; or other
The State Department’s Role
flagrant denial of the right to life, liberty, or the security of
persons.
The State Department leads the federal government’s
efforts to promote international religious freedom. The
Wolf IRFA mandated an additional “special watch list” of
AAL for IRF heads the State Department’s Office on
countries with severe religious freedom violations but that
International Religious Freedom (IRF Office). Per IRFA, as
do not reach the threshold of systematic, ongoing, and
amended, the AAL integrates IRF policies into U.S. foreign
egregious. In recognition of religious freedom abuses
policy efforts and is to participate in any interagency
carried out by the Islamic State and other non-state actors,
processes in which the promotion of IRF “can advance
Wolf IRFA also added a new requirement that the President
United States national security interests.” The AAL and the
designate entities of particular concern (EPCs) and, “when
IRF Office lead the drafting of the IRFA-mandated annual
practicable,” take actions to address severe violations of
international religious freedom report (IRF report) and
religious freedom committed by EPCs.
advise the Secretary of State on U.S. policy actions in
response to religious freedom violations. The position is
currently held by Rashad Hussain, whom the Senate
confirmed in December 2021 following nomination by
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Global Human Rights: International Religious Freedom Policy
Figure 1. Countries Most Often Designated as CPCs
Source: 87 Federal Register 80247.
By Number of Times on CPC List (out of 18 lists since 1999)
No countries were removed from the CPC list in 2022
relative to the 2021 list, and two countries were added:
Cuba and Nicaragua. The State Department also placed
Algeria, the Central African Republic, Comoros, and
Vietnam on the special watch list. EPC designations
included al-Shabaab, Boko Haram, Hayat Tahrir al-Sham,
the Houthis, ISIS-Sahel, ISIS-West Africa, Jamaat Nasr al-
Islam wal Muslimin, the Taliban, and the Wagner Group,
“based on its actions in the Central African Republic.”
U.S. Commission on International
Religious Freedom (USCIRF)
IRFA also established USCIRF, an independent federal
commission tasked with monitoring IRF conditions,
reviewing U.S. government policy, and making policy
recommendations. The President and House and Senate
leadership appoint USCIRF commissioners, and IRFA’s
provisions ensure its composition reflects recommendations
of both the majority and minority party. Commissioners are
Source: Compiled by CRS based on State Department releases.
appointed to two-year terms and are to be distinguished
Note: Al of these countries are currently on the CPC list except for
individuals in fields relevant to religious freedom. The
Sudan, which was repeatedly designated a CPC until being removed
AAL for IRF also serves as a nonvoting member. USCIRF
in 2019.
in June 2022 elected Nury Turkel as the commission’s chair
Actions in Response to Religious
for 2022-2023. USCIRF is currently authorized through
Freedom Violations
September 2024.
IRFA provides an escalating list of U.S. government actions
Pursuant to IRFA, USCIRF produces its own annual report,
that may be exercised in response to religious freedom
which it has utilized to analyze the executive branch’s
violations engaged in or tolerated by foreign governments
implementation of IRFA during the preceding year, make
(see 22 U.S.C. 6445). Actions may include diplomatic
general policy recommendations, and recommend CPC,
measures such as demarches, public condemnations, or the
special watch list, and EPC designations. USCIRF’s
cancellation of meetings or exchanges. For CPCs, the
recommendations for CPC and other designations are
executive branch is to implement one or more sanctions
typically more expansive than the official State Department
suggested by IRFA, such as foreign assistance restrictions
designations. In its report covering calendar year 2021
and trade-related restrictions. The law provides the
(released in April 2022), USCIRF recommended that five
executive branch significant discretion in determining
countries be added to the official CPC list in addition to
which, if any, actions to take against CPCs. Administrations
those that were already on it: Afghanistan, India, Nigeria,
can apply commensurate substitute action in lieu of IRFA’s
Syria, and Vietnam. As indicated in Table 1, the State
suggested measures, exempt a CPC from new sanctions by
Department’s subsequent November 2022 CPC list did not
referring to preexisting, “broad-based” human rights-related
include these countries; in a December 2022 statement,
sanctions imposed against that country, or waive sanctions
USCIRF expressed disappointment with the department’s
by citing U.S. national interest. In practice, Administrations
decision not to include them, particularly Nigeria and India.
have generally either referred to sanctions already in place
Recent explanatory statements accompanying enacted
against CPCs or issued waivers instead of implementing
SFOPS bills have directed the State Department to inform
new sanctions under IRFA. The most recent CPC
appropriate congressional committees regarding the
designations and accompanying government actions were
rationale for decisions not to designate as CPCs those
determined in November 2022 (see Table 1).
countries that USCIRF has recommended be designated as
Table 1. CPCs and U.S. Actions (Nov. 2022)
such, within 30 days of such decisions.
Country
Action
USCIRF receives an annual appropriation through SFOPS.
Burma (Myanmar)
Referred to preexisting sanctions
Explanatory statements accompanying recent such bills
China
Referred to preexisting sanctions
have directed that USCIRF also monitor, report on, and
Cuba
Referred to preexisting sanctions
advocate against laws and policies of foreign countries that
Eritrea
Referred to preexisting sanctions
permit or condone violations of the human rights of
Iran
Referred to preexisting sanctions
“minority groups and other vulnerable communities on the
Nicaragua
Referred to preexisting sanctions
basis of religion.”
North Korea
Referred to preexisting sanctions
Pakistan
Issued national interest waiver
Michael A. Weber, Analyst in Foreign Affairs
Russia
Referred to preexisting sanctions
IF10803
Saudi Arabia
Issued national interest waiver
Tajikistan
Issued national interest waiver
Turkmenistan
Issued national interest waiver
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Global Human Rights: International Religious Freedom Policy
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