International Religious Freedom Act of 1998
4908176
210863583
2008-05-07T19:10:51Z
Sir Nicholas de Mimsy-Porpington
795147
fix link to the way back machine
{| align="right" border="1" cellpadding="4" cellspacing="0" style="width: 250px; margin: 0 0 1em 1em; background: #f9f9f9; border: 1px #aaaaaa solid; border-collapse: collapse; font-size: 95%; clear: right;"
|-
| align="center" colspan="2" style="background: #f0f0f0" | '''''International Religious Freedom Act of 1998'''''
|-
| align="center" colspan="2" | '''[[U.S. Congress]]''' <br> [[Image:Uscongress.gif|150px]]
|-
| width="25%" | <small>Title:</small>
| International Religious Freedom Act of 1998
|-
| width="25%" | <small>Introduced by:</small>
| Rep. [[Frank Wolf]], [[September 9]], [[1997]]; Sen. [[Arlen Specter]]
|-
| align="center" colspan="2" style="background: #f0f0f0" | '''Dates'''
|-
| width="25%" | <small>Date passed:</small>
| [[May 14]], [[1998]] ([[U.S. House of Representatives|House]]), [[October 9]], [[1998]] ([[U.S. Senate|Senate]])
|-
| width="25%" | <small>Date signed into law:</small>
| [[October 27]], [[1998]]
|-
| width="25%" | <small>Amendments:<small>
|
|-
| width="25%" | <small>Related legislation:<small>
| [[Foreign Service Act of 1980]]
|-
|}
The '''International Religious Freedom Act of 1998''' ([[Public Law]] 105–292, as amended by Public Law 106–55, Public Law 106–113, Public Law 107–228, Public Law 108–332, and Public Law 108–458)<ref>{{cite web|url=http://www.uscirf.gov/about/authorizinglegislation.html |title= United States Commission on International Religious Freedom | accessdate = August 1 | accessyear = 2006}}</ref> was passed to promote [[Freedom of Religion|religious freedom]] as a [[Foreign relations of the United States|U.S. Foreign policy]], and to advocate on the behalf of the individuals viewed as persecuted in foreign countries on the account of religion. The [[United States]], through its constitution and various [[international agreement]]s, supposedly has an obligation to support religious freedom around the world by skirmishing religious intolerance in countries that put sanctions on the religious rights of the people. The Act was signed into law by [[President of the United States|President]] [[Bill Clinton]] on [[October 27]] [[1998]].<ref name="title">{{cite web
| year = 1998
| url = http://web.archive.org/web/20070608190937/http://usinfo.state.gov/usa/infousa/laws/majorlaw/intlrel.htm
| title = International Religious Freedom Act of 1998
| publisher = United States Government
| accessdate = April 27
| accessyear = 2006
}}</ref> Three cooperative entities have been maintained by this act to monitor religious persecution.
#An [[ambassador]] at large for [[Freedom of Religion|International Religious Freedom]] within the [[United States Department of State|Department of State]],
#A [[bipartisan]] commission on International Religious Freedom, and
#A special advisor on International Religious Freedom within the [[National Security Council]].<ref name="title"/>
While the original bill imposed mandatory sanctions on the countries supporting religious persecution, the amended act offers the president a [[waiver]] provision if he feels that it would further the goal of the bill or promote the interests of US [[national security]] not to impose measures on a designated country.
==History==
This Act was a response to the growing concern about [[religious persecution]] throughout the world. There had been instances of toleration on the part of the governments when the religious rights of their citizens and others had been violated. There are governments around the world which openly sponsor and tolerate restrictions on their citizens' right to practice, observe, study, or associate with other members of their [[Faith|religious faith]].
The former [[United States Assistant Secretary of State|Assistant Secretary of State]] for [[democracy]], [[human rights]] and [[Labour movement|labor]], [[John Shattuck]], cited specific countries that fail to recognize the [[fundamental right]] of religious freedom. There is a civil war ensuing in Sudan because of the ruling party's intolerance of opposing religions.<ref>{{cite web
| year = 2003
| url = http://web.africa.ufl.edu/asq/v7/v7i2a29.htm
| title = The Root Causes of the Sudan's Civil War
| publisher = Indiana University Press
| accessdate = April 28
| accessyear = 2006
}}</ref> The [[Han Chinese|Chinese]] [[Catholic]]s and Chinese [[Protestant]] groups battle government repression, and the [[Chinese government]] tightly regulates religious practices in the regions of [[Tibet]] and [[Xinjiang]].<ref>The data for this report could not be retrieved at this time, please try again later
{{cite web
| year = 1996
| url = http://web.amnesty.org/library/Index/engASA170691996
| title = People's Republic of China: Religious repression in China
| publisher = Amnesty International
| accessdate = April 28
| accessyear = 2006
}}</ref> Members of the [[Rohingya]] [[Muslim]] minority are forced to take refuge in the neighboring [[Bangladesh]]. There are suspect cases of minority oppression in Europe as well. Russia's new religion law seeks to make restraints and inhibit new religious communities' ability to own property, publish literature or operate schools.<ref>{{cite web
| year = 1997
| url = http://www.ctlibrary.com/ct/1997/november17/7td066.html
| title = Russia: New Religion Law Fraught with Potential for Abuses
| publisher = ChristianityToday.com
| accessdate = April 28
| accessyear = 2006
}}</ref> This Act tries to recognize such kind of blatant forms of [[religious discrimination]] and [[oppression]]. It finds that over one-half of the [[World population|population of the world]] lives under regimes that have strict policies against basic religious freedoms. Title VII of the Act has noted that some regimes engage in persecution that includes subjection of those people who engage in practice of religious faiths that are not state sponsored, to [[Detention (Imprisonment)|detention]], [[torture]], beatings, [[forced marriage]], [[rape]], [[imprisonment]], [[enslavement]], mass resettlement and death. Senator [[Don Nickles]] (R-OK) in his speech to the [[United States Congress|Congress]] on [[October 2]] [[1998]] stated:
{{cquote|[…]this is an important aspect of the bill. If the definition of religious persecution were limited to only torture, imprisonment, or death, […] the Act would only cover about a few countries, and would not include about 80 to 85% of the religious persecution that takes place in the world […]}}
This Act was first introduced as H.R. 2431 by Representative [[Frank Wolf]] to the [[United States House of Representatives|House of Representatives]] on [[September 9]] [[1997]]. Senator [[Arlen Specter]] (R-PA) concurrently introduced the state version of the bill, S. 772. The legislation was passed on [[May 14]] [[1998]], by a vote of 375-41, and was subsequently sent to the Senate. Under consideration, this Act was proposed to be modified by Senator Nickles.
The primary aim of the modification was to allow the president to have more flexibility in responding to countries that violated the Act. The Nickles bill offered the president a waiver provision if he feels that it would promote the interest of the US national security to not impose measures on a designated country. The Senate agreed to the propositions on [[October 9]] [[1998]], approved by H.R. 2431 as amended by a vote of 98-0.
==Organization==
The Act has seven titles, each containing numerous sections. These are:
*'''Title I—Department of State Activity'''
*'''Title II—Commission on International Religious Freedom'''
*'''Title III—National Security Council'''
*'''Title IV—Presidential Actions'''
*'''Title V—Promotion of Religious Freedom'''
*'''Title VI—Refugee, Asylum, and Consular Matters'''
*'''Title VII—Miscellaneous Provisions'''
==Scope and substance of the Act==
As per the Act, the Congress and the President are obligated to take into account the various issues of religious freedom while developing the country's foreign policy. As under the Title I of the Act, a bureaucratic infrastructure is created for dealing with religious issues. This is known as the Office of the International Religious Freedom which is regulated under the US Department of State. Title II creates the Commission on International Religious Freedom and Title III a special advisor to the president on international religious freedom within the National Security Council. The crux of the Act lies in Title IV. Title IV details the possible options available to the president and his actions based upon them in response to the states which violate the provisions under the Act. Under Sec. 401(b)(1), the President shall identify specific countries that the [[Commission on International Religious Freedom]] designates as having obstructed religious freedom. The president must then, with the consultation of the secretary of state, the ambassador at large, the National Security Council special advisor, and the commission, design a response to those countries. <ref name="assign">Human Rights Brief Volume VI, Issue 2, p. 18</ref><!-- Reference is incomplete. Please provide additional details -->
Countries that are severe violators of religious freedom are categorized under Sec 402 of the Act and this subjects them to punitive sanctions which are listed in Sec. 405. Under this section, the president must either enter into a binding agreement with the concerned country to end the religious persecution, or to choose from remedies outlined in Sec. 405 of the Act. This section offers the president with fifteen options to exercise against countries engaging in religious persecution. These include
* a private or a public [[demarche]];
* a private or public [[condemnation]];
* the delay or cancellation of scientific or cultural exchanges;
* the denial, delay, or cancellation of working, official or [[state visit]]s;
* the withdrawing, limitation, or suspension of some forms of US aid;
* direction to public and private international institutions to deny assistance;
* and sanctions prohibiting the US government from entering into import or export agreements with the designated governments. <ref name="assign">Human Rights Brief Volume VI, Issue 2, p. 18</ref>
Under Title IV, the president may waiver punitive measures against the concerned country. This would allow the president in balancing of the objectives of the bill with other US Foreign Policy interests. The Title V of the act seeks to promote religious freedom abroad through the way of international media, exchanges and [[Diplomatic service|foreign service]] awards for working to promote human rights. The [[Immigration and Naturalization Service]] officials are trained under the venues of Title VI of the Act.
The final provision of the Act, Title VII contains miscellaneous provisions, including 701, which urges transnational corporations to adopt codes of conduct sensitive to the right to freedom of religion. <ref name="assign">Human Rights Brief Volume VI, Issue 2, p. 18</ref>
==Office of International Religious Freedom==
The Office of International Religious Freedom was formed under Title I of the International Religious Freedom Act, within the U.S. Department of State. This office is under a mission of promoting religious freedom as a core objective of US foreign policy. The office is headed by the [[Ambassador at Large]] [[John Hanford]] who was appointed to this position in May [[2005]], by the [[President of the United States]] under the aid and advice of the [[United States Senate|Senate]]. The main functions of the Office Director and the staff monitor religious persecution and discrimination worldwide, and recommend and implement policies in respective regions or countries.<ref name="office">{{cite web
| year = 2005
| url = http://www.state.gov/g/drl/irf/
| title = International Religious Freedom
| publisher = US Department of State
| accessdate = April 27
| accessyear = 2006
}}</ref>
The United States seeks to conform with international covenants that guarantee the inalienable right of religious freedom to every human being. The Act is committed to the promotion of freedom of religion and conscience throughout the world as a fundamental [[human right]] and a source of stability for all countries. It further seeks to assist newly formed democracies in implementing freedom of religion and conscience. Religious and human rights [[non-governmental organization]]s are sought to promote religious freedom. Furthermore, the USA seeks to identify and denounce regimes that are severe persecutors of their citizens or others on the basis of religious beliefs.<ref name="office"/>
The Office is responsible for the monitoring of religious persecution and discrimination worldwide. Its specific activities include:
#It makes the Annual Report on International Religious Freedom, which is submitted to the Congress annually by the Department of State in compliance with Section 102(b) of the Act. This report supplements the most recent Human Rights Reports. It includes individual country chapters on the status of religious freedom.<ref>{{cite web
| year = 2005
| url = http://www.state.gov/g/drl/rls/irf/
| title = International Religious Freedom Report
| publisher = US Department of State
| accessdate = April 27
| accessyear = 2006
}}</ref>
#On the basis of these annual reports, the Secretary of State will designate any country that commits systematic, ongoing and egregious violations of religious freedom as a [[Country of Particular Concern]] or CPC. States so designated are subject to further actions, including [[economic sanctions]] by the United States.
#Meetings are organized with foreign government officials at all levels, as well as religious and human rights groups in the United States and abroad, to address the problem of religious freedom.
#A testimony is made before the United States Congress, on issues of international religious freedom.
#Maintaining a close cooperation with the independent [[United States Commission on International Religious Freedom]].
#Sponsorship of reconciliation programs in disputes that divide groups along lines of religious beliefs. The office seeks to support NGOs that are promoting reconciliation in such disputes.
#Outreach programs to American religious communities.<ref name="office"/>
==Commission on International Religious Freedom==
This [[United States Commission on International Religious Freedom|commission]] is an independent nine-member, bipartisan [[Federal government of the United States|US government]] agency that was created to monitor the status of [[freedom of thought]], conscience, and religion or belief abroad, as defined in the [[Universal Declaration of Human Rights]] and related international instruments and to give independent policy recommendations to the President, the [[Secretary of State]] and the [[United States Congress]].<ref>{{cite web
| year = 2006
| url = http://www.uscirf.gov/
| title = United States Commission on International Religious Freedom: Washington, DC
| publisher = USCIRF
| accessdate = April 27
| accessyear = 2006
}}</ref> This commission is funded entirely by the federal government on an annual basis and staffed by government employees.
The Commission is responsible for determining the effect of other countries' policies on religious groups, and if necessary, holding Congressional hearings to educate Congress and the public about religious persecution around the world. The Commission may not implement sanctions on countries that violate religious freedom as it only has advisory and monitoring authority, including the authority to hold hearings. While the Department of State report contains a detailed country-by-country analysis of religious freedom, the Commission's report covers few countries, but makes policy recommendations to the executive and legislative branches of the government. The Commission report also reviews and analyzes the work of Department of State.<ref name="title"/>
==Special Advisor on International Religious Freedom==
The President is assigned a special advisor on international religious freedom within the National Security Council by Title III of the Act. Under the Act, the special advisor is designated to serve as a resource for [[Executive (government)|executive branch]] officials, compiling and analyzing information on the facts and circumstances of violations of religious freedom and formulating possible US reactions to religious persecution in the light of US national security interests. The position of the director shall be comparable to that of the director within the executive [[office of the President]].<ref name="office"/>
==Justification and legal basis==
This Act has been justified by the US Congress on the basis of constitutional and [[international law]] principles. Several of the sponsors of the bill have expressed that the United States was born out of the need for religious freedom and that this principle was codified in the [[First Amendment to the United States Constitution]]. The First Amendment explicitly guarantees the fundamental right of religious freedom and liberty to practice any faith as according to one's choice. Their contention made, to this is that the United States has the duty to uphold this fundamental right. During a speech about the Act, on [[October 9]], 1998, Senator [[Joseph Lieberman]] (D-CT), gave the reason as to why the [[Founding Fathers|founding fathers]] were drawn to America,
{{cquote|It because of a belief that no government has the right to tell the people how to worship and certainly not the right to discriminate against them or persecute them for the way they chose to express their faith in God.}}
Lieberman believed that by supporting this act the [[United States citizenship|US Citizens]] could honor the country's founders for creating the first amendment to the Constitution.
The principles of international law were made inherent in the act so as to clarify its commitment to promote international religious freedom. As per the Universal Declaration of Human Rights (UDHR) and the [[International Covenant on Civil and Political Rights]] (ICCPR), religious freedom is one of the most fundamental human rights outlined. This right explicitly includes the freedom to change religious faith 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." All the members of the [[United Nations]] have adopted the Universal Declaration of Human Rights by the virtue of their [[United Nations member states|UN membership]] and are pledged to uphold its provisions. The Article 18(1) of the International Covenant on Civil and Political Rights was ratified with reservations in April [[1992]], also includes a freedom of religion clause similar to that of the UDHR's. The principles in the above-mentioned international law documents, according to the Act, create a sense of responsibility in its governments to protect the freedom of religion, which the Act does by exercising the United States' ability to choose its limit in dealing with countries that violate religious freedom.
The justification for this Act lies on the guarantee of freedom of religion found in [[United States Constitution|the US Constitution]] and in principles of international law. Critics of this Act would probably contend that while the US Constitution does prohibit Federal and State governments from infringing on the religious liberties of people living within the US, it does not obligate or permit the US to use embargo or military intervention as means to uphold these rights abroad.
==References==
<div class="references-small">
<references />
</div>
==See also==
*[[United States Commission on International Religious Freedom]]
*[[Religious intolerance]]
*[[Country of Particular Concern]]
*[[Eleanor Roosevelt Award for Human Rights]]
*[[Religion in the United States]]
==External links==
*[http://www.uscirf.gov/ United States Commission on International Religious Freedom]
*[http://usinfo.state.gov/usa/infousa/laws/majorlaw/intlrel.htm Text of International Religious Freedom Act of 1998]
<!-- Kindly upload to Wikisource, text in public domain -->
*[http://watch.pair.com/persecution.html Freedom from Religious Persecution - What other societies think]
*[http://www.ncccusa.org/assembly/irfa.html National Council of Churches, USA]
*[http://www.murthy.com/arc_news/a_iiirfa.html Immigration Implications of International Religious Freedom Act of 1998]
*[http://www.fpif.org/fpiftxt/4633 A Foreign Policy for Foreign Religions] Patricia M. Y. Chang,''Foreign Policy in Focus,'' October, 11, 2007
[[Category:United States federal civil rights legislation]]
[[Category:1998 in law]]