State Department’s Latest Report on International Religious Freedom

On June 21, 2019, the U.S. State Department released its 2018 Report on International Religious Freedom in every other country in the world in accordance with the International Religious Freedom Act of 1998 (P.L. 105-292). The Report’s stated focus is describing other government’s “policies violating religious belief and practices of groups, religious denominations and individuals, and U.S. policies to promote religious freedom around the world.” [1]

Here is an overview of that report and a subsequent post will discuss its report on Cuban religious freedom.

Overview

The initial draft of the report for each country is prepared by the U.S. Embassy in that country “based on information from government officials, religious groups, nongovernmental organizations, journalists, human rights monitors, academics, media, and others.”

That draft then is reviewed and modified by the State Department’s Office of International Religious Freedom in Washington, D.C. based on additional information from “consultations with foreign government officials, domestic and foreign religious groups, domestic and foreign nongovernmental organizations, multilateral and other international and regional organizations, journalists, academic experts, community leaders, and other relevant U.S. government institutions.”

The Department says its “guiding principle is to ensure that all relevant information is presented as objectively, thoroughly, and fairly as possible.  Motivations and accuracy of sources vary, however, and the Department of State is not in a position to verify independently all information contained in the reports.” (Emphasis in original.)

Appropriately annexed to the Report were the texts of the following documents on this subject:

  • [U.N. General Assembly]Universal Declaration of Human Rights, Art. 18 (1948) (“Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance.”) (App. A);
  • [U.N. General Assembly Resolution (1966)] International Covenant on Civil and Political Rights, App. B): Art. 18(1)(“ Everyone shall have the right to freedom of thought, conscience, and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice, and teaching.” Art 18(2)(“ No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.” Art. 18(3)(“ Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.” Art. 20(2)(“ Any advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”)
  • [U.N. General Assembly] Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief [Nov. 25, 1981](App. C)(reiteration of above Covenant with additional provisions).
  • Religious Freedom Commitments and Obligations From Regional Bodies and Instruments (European Union: Charter of Fundamental Rights; Organization for Security and Cooperation in Europe (OSCE), Helsinki Final Act; (App. D); OSCE, Vienna Concluding Document; OSCE, Copenhagen Concluding Document; African Union, African Charter on Human and Peoples’ Rights; Organization of American States (OAS), American Declaration of the Rights and Duties of Man; OAS, American Convention on Human Rights).
  • Department of State Training Related to the International Religious Freedom Act—2018 (App. E).
  • Department of Homeland Security and the International Religious Freedom Act (App. F);
  • Overview of U.S. Refugee Policy (App. G).

“Countries of Particular Concern” (CPC) & ”Special Watch List”[2]

 Under the International Religious Freedom Act of 1998, the Secretary of State (by presidential delegation) is required to designate as a Country of Particular Concern (CPC) “each country the government of which has engaged in or tolerated systematic, ongoing and egregious violations of religious freedom.”

In addition, under the Frank R. Wolf International Freedom Act of 2016, the Secretary (by presidential delegation) is required to designate a country to the Special Watch List if it does not meet “all of the CPC criteria but engages in or tolerates severe violations of religious freedom.”

As of November 28, 2018, the Secretary designated as CPCs Burma, China, Eritrea, Iran, North Korea, Pakistan, Saudi Arabia, Sudan, Tajikistan, and Turkmenistan. In addition, the Secretary designated Comoros and Uzbekistan to the Special Watch List.

The just released 2018 Report apparently does not have a separate section on CPCs, but an examination of its Country Reports for those just listed as CPCs reveals that all continue in that status. In addition, Comoros and Uzbekistan continue on the Special Watch List with the addition of Russia.

 Ambassador Sam Brownback’s Role and Remarks

This report was prepared under the direction of Ambassador at Large for International Religious Freedom Sam Brownback,[3] with guidance from officials in the Bureau of Democracy, Human Rights, and Labor (DRL).

At the launch of this report, Ambassador Brownback provided a Special Briefing.[4] He started with this alarming comment, “The fight against religious freedom is mounting. There was a report that 80 percent of people live in places where religious freedom is under attack, yet most of the world organizes their life around a set of religious beliefs.”

As a result, he said, the U.S. is working to “see the iron curtain of religious persecution come down; until governments no longer detain and torture people for simply being of a particular faith or associated with it; until people are no longer charged and prosecuted on specious charges of blasphemy; until the world no longer believes it can get away with persecuting anyone of any faith without consequences.”

The Ambassador then had critical comments about this freedom in Iran, China, Eritrea, Turkey and Nicaragua.

Secretary of State Pompeo’s Remarks[5]

Also at the launch of this report, Secretary of State Pompeo made remarks. He noted that Uzbekistan had made improvements and no longer was a “Country of Particular Concern.” Also complimented for specific improvements on this subject were Pakistan and Turkey. But the Secretary specifically criticized Iran, Russia, Burma and China. Finally he noted that the Department in mid-July will be hosting the second annual Ministerial To Advance Religious Freedom.

Conclusion

As noted above, a future post will examine how the above background was applied to the report about Cuban religious freedom.

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[1] State Dep’t, 2018 Report on International Religious Freedom (June 21, 2019) This blog has commented on religious freedom in the “International Religious Freedom” section of List of Posts to dwkcommentaries—Topical (RELIGION).

[2] State Dep’t, Frequently Asked Questions: IRF Report and Countries of Particular Concern (circa Nov. 28, 2018).

[3] Ambassador Brownback, a Republican, is a former Kansas Secretary of Agriculture (1986-93), U.S. Representative (1995-96), U.S. Senator (1996-2011) and Governor (2011-18). (Sam Brownback, Wikipedia.)

[4] State Dep’t, Special Briefing: Ambassador at Large for International Religious Freedom Sam Brownback (June 21, 2019).

[5] State Dep’t, Secretary of State Michael R. Pompeo at the Release of the 2018 Annual Report on International Religious Freedom (June 21, 2019)

 

 

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dwkcommentaries

As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

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