International Religious Freedom Act of 1998


The International Religious Freedom Act of 1998 was passed to promote religious freedom as a foreign policy of the United States, to promote greater religious freedom in countries which engage in or tolerate violations of religious freedom, and to advocate on the behalf of individuals persecuted for their religious beliefs and activities in foreign countries. The Act was signed into law by President Bill Clinton on October 27, 1998. Three cooperative entities have been maintained by this act to monitor religious persecution.
  1. An Ambassador-at-Large for International Religious Freedom within the Department of State, who is the highest-ranking US diplomat on international religious freedom, and who is tasked with carrying out the provisions of IRFA: the Annual Report, negotiations with foreign governments to bring about greater religious freedom, and the determination of Countries of Particular Concern under IRFA, which entails further actions.
  2. A bipartisan United States Commission on International Religious Freedom, designed to provide independent policy recommendations and fact-finding, and
  3. A Special Adviser on International Religious Freedom within the National Security Council.
IRFA was introduced on March 26, 1998, by Senator Don Nickles, Senator Joseph Lieberman and others, as a far-reaching policy response to the Freedom from Religious Persecution Act of 1997, introduced by Congressman Frank Wolf and Senator Arlen Specter on May 27, 1997, as H.R.1685/S.772, and subsequently reintroduced on September 8, 1997, as H.R. 2431, the Freedom from Religious Persecution Act. H.R. 2431 affected only a handful of countries, with a narrow range of measures; IRFA based its measures on international human rights law and created a structure to address religious freedom issues in depth all over the world. On October 8, 1998, the Senate passed IRFA by a vote of 98–0. IRFA was renumbered as Amendment S. 3789 to H.R.2431, so that the Senate version could be adopted in its entirety as an amendment in the nature of a substitute to H.R.2431, including its title, the "International Religious Freedom Act." IRFA was passed in full by the House on the consent calendar on October 10, 1998.

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 religious faith.
The former Assistant Secretary of State for Democracy, Human Rights, and 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. The Chinese Catholics and Chinese Protestant groups battle government repression, and the Chinese government tightly regulates religious practices in the regions of Tibet and Xinjiang. Members of the Rohingya Muslim minority are forced to take refuge in 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. This Act tries to recognize such kind of blatant forms of religious discrimination and oppression. It finds that over one-half of the 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, torture, beatings, forced marriage, rape, imprisonment, enslavement, mass resettlement and death. IRFA Sponsor Senator Don Nickles, in his speech to the Congress on October 2, 1998, stated:
This Act was first introduced as S.1868 by Senator Don Nickles on March 26, 1998. It provided an alternative to H.R. 2431, "the Freedom from Religious Persecution Act of 1997", originally H.R.1685/S.772 introduced by Representative Frank Wolf and Senator Arlen Specter on May 27, 1997 and then reintroduced as H.R. 2431 on September 9, 1997. During consideration of H.R. 2431 in the House International Relations Committee on April 1, 1998, Rep. Kevin Brady proposed the text of S.1868, just introduced in the Senate, as an Amendment in the Nature of a Substitute. This forced several important changes to H.R. 2431, including moving the persecution "tzar" contained in H.R.2431 from the White House to the State Department, and an agreement to allow Rep. Brady to offer a floor amendment to H.R.2431 if he would withdraw his amendment in committee. Rep. Brady withdrew his amendment in committee, and added several provisions from S.1868 to H.R.2431 during the general vote on H.R. 2431, which passed the House on May 14, 1998, by a vote of 375–41, and was subsequently sent to the Senate. However, H.R. 2431 was never considered by the Senate. S.1868 was sponsored by many senators in addition to Majority Whip Don Nickles, including powerful Foreign Relations chairman Senator Jesse Helms. Despite initial opposition from the State Department, the White House and advocates of H.R. 2431, S.1868 eventually passed the Senate 98–0. Because this vote was one of the last substantive votes of the 105th Congress, the House agreed to take the Senate version in its entirety, as there was no time for a conference. Accordingly, the International Religious Freedom Act of 1998 was renumbered in the Senate as S. 3789, an Amendment in the Nature of a Substitute to H.R. 2431, and then passed on to the House, where it was voted in on the consent calendar on October 10, 1998.
The differences between H.R. 2431, the "Freedom from Religious Persecution Act" and S. 1868, the "International Religious Freedom Act", were comprehensive, but can be summarized as a narrow focus in FRPA on punishing worst violators, compared with IRFA's worldwide focus on promoting religious freedom, using both positive and negative incentives. H.R.2431 affected a handful of countries and religious groups, with mandatory sanctions if a persecution monitoring "tzar" in the White House found that persecution was "widespread and ongoing" "when such persecution includes abduction, enslavement, killing, imprisonment, forced mass resettlement, rape, or crucifixion, or other forms of torture". This definition was so extreme as to exclude most countries in which gross violations of international religious freedom take place. IRFA, in contrast, used the internationally recognized definitions of "gross violations of human rights" in the requirement to take action in persecuting countries, on behalf of any religious believers. Further, IRFA put in place a comprehensive structure headed by a high-ranking diplomat who could negotiate with other governments on behalf of the President, rather than a mid-level White House official tasked with making findings, under FRPA. IRFA also established the Annual Report on International Religious Freedom, which requires US embassies all over the world to interact with their counterparts and NGO's in the process of reporting, as well as requiring the US to state what efforts it has undertaken to promote religious freedom. In addition to the Ambassador at Large for International Religious Freedom, and the Annual Report, the cornerstone of IRFA is the requirement that each year the President review and determine whether any country has met the threshold, based on international human rights law, of "Country of Particular Concern" or CPC, engaging in or tolerating "particularly severe violations of religious freedom." The CPC determinations lead to a consultation and negotiations process resulting in a range of actions and sanctions if the offenses are not addressed. Based on similar successful provisions in trade law, IRFA included a ground-breaking provision that the goal of these negotiations was to secure a "Binding Agreement" to cease the violations. In such a case, sanctions would be withheld. In a landmark first for human rights, after designating Vietnam a CPC, Ambassador John Hanford secured a Binding Agreement under IRFA with Vietnam. Reversing the violations that had led to CPC designation, Vietnam issued a decree ordering the cessation of its practice of forced renunciations of faith, released all known religious prisoners, and allowed hundreds of churches it had shut down to re-open. To date this is the only Binding Agreement secured under IRFA, but it demonstrates the IRFA policy goal of securing systemic change rather than mere punishment.

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. Under Title I of the Act, a permanent infrastructure within the State Department is created for dealing with religious issues. This is known as the Office of International Religious Freedom, headed by the Ambassador at Large for International Religious Freedom, who wields the authority to negotiate on behalf of the President with other governments, and oversees the Annual Report and the designation of Countries of Particular Concern. Title I also details the composition of the Annual Report on International Religious Freedom. 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 requirement that the President annually review and determine whether any country has met the CPC threshold, based in international human rights law, of "engaging in or tolerating particularly severe violations of religious freedom". Any designation then leads to a series of negotiations and consultations resulting in a number of possible actions available to the president, in 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. In practice this authority of the President is delegated to the Secretary of State and the Ambassador.
Countries that are severe violators of religious freedom are categorized as CPC's 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 fifteen options to exercise against countries engaging in religious persecution, ranging from private negotiations to sanctions, or a "commensurate action" not listed in IRFA but which would serve the purpose of advancing religious freedom. 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 visits;
  • the withdrawing, limitation, or suspension of some forms of U.S. 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.
Under Title IV, the president may waive punitive measures against the concerned country if he or she determines that national security is at risk or if the proposed action would harm rather than benefit the individuals and communities the Act is designed to help. Title V of the act seeks to promote religious freedom abroad through the way of international media, exchanges and foreign service awards for working to promote human rights. Title VI requires appropriate training for asylum officers, refugee officers and judges. 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.