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“THE INTERNATIONAL RELIGIOUS FREEDOM ACT” mentioning the U.S. Dept of State was published in the Senate section on pages S12999-S13001 on Nov. 12, 1998.
The publication is reproduced in full below:
THE INTERNATIONAL RELIGIOUS FREEDOM ACT
Mr. NICKLES. Mr. President, on October 9, 1998, the Senate, by a vote of 98-0, passed the International Religious Freedom Act. As the sponsor of the International Religious Freedom Act, I am providing this statement which gives some guidance as to what I tried to accomplish in crafting this Act.
Background
With enactment of the International Religious Freedom Act, there will be a major increase in the amount of information on the nature and extent of violations of religious freedom in foreign countries, in the actions taken by the U.S. government in response to those violations and in the scrutiny of the steps taken by the U.S. government to combat them. Sadly, events around the world demonstrate the need for the International Religious Freedom Act.
It has been reported that more than half of the world's population lives under governments that place restrictions or outright prohibitions on the ability to practice one's religion. While the end of the Cold War saw a significant increase in religious freedom in many countries, in others there has been no change. Totalitarian governments either continue to stamp out religion or subject it to state controls through arrest, torture, beatings, imprisonment and unemployment.
One such government has used massacre, starvation, and forced resettlement as a tool in the effort to crush resistance in its mostly Christian region. There have been reports of the crucifixion of Christians, although these reports cannot be confirmed. What has been confirmed is the revival of slavery, abduction and mutilation. Displaced refugees have been confronted with forced conversion or starvation.
In other countries, reports abound of attacks by extremists or by government forces on Christians, and on their homes, businesses, and churches. Converts to Christianity are imprisoned and tortured. In several countries no overt practice of any religion but the state religion is permitted, and conversion is illegal. These prohibitions affect virtually every religion around the world.
The International Religious Freedom Act
This is the backdrop which led to the International Religious Freedom Act. The International Religious Freedom Act was crafted with four core principles. First, the International Religious Freedom Act is comprehensive both in the scope of covered violations, and in the full range of tools it provides to address the violations. By crafting a definition of violations of religious freedom that focuses on the most common types of violations as well as the most egregious, the Act attempts to resolve the problem before these violations escalate into torture, imprisonment and even death.
Second, the International Religious Freedom Act was crafted to require action while preserving necessary flexibility for the President. The International Religious Freedom Act contains a menu of options, including eight diplomatic and seven economic measures, from which the President must choose for each country that engages in violations of religious freedom. The Act also allows the President to calibrate any economic measure. The President can, for instance, suspend or limit foreign assistance, rather than cut it off entirely. The Act gives the President an additional option of taking commensurate action for any of the 15 options if the President determines that by doing so he can further the policy of the United States set forth in this Act. Finally, the President can exercise a waiver if important national interests require it, or if it would be harmful to those the Act seeks to help.
The provisions of the International Religious Freedom Act give the President economic and diplomatic tools to use that will best fit the situation and most appropriately deal with the problem. These tools can be modified based on the level of persecution in the country, the country engaging in the persecution and our relationship with that country. This flexibility ensures that the International Religious Freedom Act will be more effective. The goal of the International Religious Freedom Act is not to punish countries but to change behavior.
Third, the International Religious Freedom Act promotes long-term change through several means, including comprehensive human rights and religious freedom training for U.S. officials and representatives, both in the Foreign Service and in the Immigration and Naturalization Service. The Act authorizes U.S. assistance for the development of legal protections abroad, broadcasting and scholarly exchanges to promote religious freedom, and awards for meritorious Foreign Service Officers.
Fourth, the International Religious Freedom Act establishes several positions to ensure a permanent profile on and attention to religious freedom. It establishes an Ambassador at Large for International Religious Freedom which is a permanent diplomatic position to spearhead U.S. advocacy for religious freedom internationally. The Act also establishes a Commission for International Religious Freedom to ensure accountability, and to provide independent policy recommendations as the Act is implemented. The Annual Report further provides accountability by reporting the actions of the U.S. government.
The following is a commentary on several sections of the International Religious Freedom Act.
Section 101. Ambassador-at-Large for Religious Liberty: This section creates a high-profile diplomat under the Secretary of State, vested with the authority to continually and forcefully raise the issue of religious persecution in bilateral and multilateral forums. The Ambassador is responsible for ensuring advocacy for, and high-quality reporting on, religious freedom by American Embassies around the world. The Ambassador also is to make policy recommendations to the President and the Secretary of State to advance the right to religious freedom abroad.
Section 102. Reporting: This section strengthens existing reporting requirements. The Ambassador is to assist in the preparation of the sections on religious freedom in the State Department Human Rights Country Reports, and embassy personnel are directed to seek out and investigate reports of violations of religious freedom.
This section also creates an Annual Report on International Religious Freedom. This report details the status of religious freedom in each country around the world, and provides a comprehensive accounting of the violations of religious freedom, how severe they are and where they occur. The report is to give an indication of trends towards improvements in protecting religious liberty, and trends toward the deterioration of that protection. The report will also include information regarding U.S. government actions taken to promote religious freedom abroad. The U.S. government, when compiling this report, must work with non-governmental organizations (NGOs), when appropriate, to ensure that each report contains the most accurate information.
The Annual Report must also include information on the forced conversion of minor U.S. citizens living abroad. It has come to my attention that our government has done little to resolve cases of the victimization of minors who have been taken to a foreign land, subjected to forced religious conversion, and prevented under the laws of those nations from returning to the United States where they would enjoy religious freedom.
In some cases, especially for girls, this amounts to a life sentence of living abroad. In some countries, women may not travel abroad without the permission of their father or husband. The State Department should work to secure the rights of its citizens--including those living abroad, and the Commission on International Religious Freedom should monitor these cases.
Each year, the Secretary of State, working with the Ambassador, must present this report to Congress by September 1. An Executive Summary highlighting the countries of greatest concern with regard to religious freedom and countries demonstrating significant improvement in the protection of that right is to accompany the report. A classified, more detailed addendum may be provided to Congress.
Section 103. Internet Site for Religious Liberty: To assist NGOs around the world, the Act establishes a State Department Internet site posting the Annual Report, the Executive Summary and other international documents on religious freedom.
Section 104. Religious Freedom Training: To ensure awareness by Foreign Service officers of the nature and scope of violations of religious freedom, the Act amends the Foreign Service Act of 1980 to require training in human rights, including violations of religious freedom, as standard training for Foreign Service officers. Training is mandatory for officers with reporting responsibilities and for Chiefs of Mission.
Section 105 & 106. Contacts with NGOs: Embassies are required to seek out religious NGOs and meet with imprisoned religious leaders where appropriate and beneficial. These contacts will not only help our government gather the facts accurately as it prepares the Annual Report, but also will prove valuable as our government seeks to formulate policies to promote religious freedom around the world, as described in section 403. A Sense of the Congress directs embassies to craft a strategy for the promotion of religious liberty.
Section 107. Equal Access to U.S. Embassies: The Act grants access to U.S. citizens (and, at the embassy's discretion, to nationals) to U.S. missions abroad for religious activities on a basis no less favorable than for other nongovernmental activities unrelated to the conduct of the diplomatic mission. For instance, it is inconsistent that permission be granted by U.S. missions to allow the dispensing and social consumption of alcoholic beverages and the serving of pork products, contrary to local law, while discouraging such permission for holding religious services. The fact that several other foreign consulates afford access to worship for their citizens disproves the suggestion that diplomatic interests preclude similar provision for Americans by the State Department. Many other social and American community activities without discernable diplomatic purpose will no doubt continue, and in most cases should continue. Religious service access requests under section 107 may receive no less consideration than these other activities occurring on U.S. mission premises.
Section 108. Prisoner Database and Issue Briefs: To prompt advocacy at every possible opportunity, the bill directs the State Department to maintain country-specific lists of religious prisoners and issue briefs on policies restricting religious liberty, to be provided to executive branch and Congressional leaders for use in meetings with foreign dignitaries. In compiling these lists, the Act gives the Secretary of State the discretion to decide whether including a name on the list harms or helps the prisoner.
Sections 201 to 206. The International Religious Freedom Act establishes a United States Commission on International Religious Freedom. This Commission, which is bipartisan in composition and will include both presidential and Congressional appointees, will ensure that the President and the Congress receive independent recommendations--and where necessary, criticism--of American policy in support of international religious freedom.
The Commission consists of 10 persons (including the Ambassador at Large, who sits as an ex officio, non-voting member), chosen for a period of two years; the Commission sunsets in four years unless reauthorized. The innovative appointment structure established in this Act ensures that five commissioners will be selected by the President's political party and four commissioners by the other political party, no matter which political party controls the White House or either house of Congress. While this Act appropriately defers to the President's constitutional authority in conducting policy toward foreign states, it is the intent of Congress that the Commission hold policy makers accountable to the purposes of this Act, and, thus, ensure the Act's effectiveness.
The Commission will review the ongoing facts and circumstances of violations of religious freedom (both from government reports and from other sources) and make policy recommendations. While the Commission's annual report on May 1 will stand as its main formal duty under the sequence of requirements established by the Act, it is the intent of Congress that the Commission be diligent in monitoring violations of religious freedom on an ongoing basis and make its policy recommendations on a timely basis and with an urgency and specificity appropriate to circumstances.
Section 301. This section is a Sense of the Congress that there should be at the National Security Council a Special Advisor on International Religious Freedom, who monitors persecution and serves as a resource and policy advisor for executive branch officials.
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This title requires that the President take action to address violations of religious freedom each year in each country around the world where these violations take place.
Section 401. If a country engages in violations of religious freedom as defined in the bill, then the President must, at least once a year, choose one or more of the options listed in the menu of options found in section 405. If the President decides to take one of options 9 through 15, then the President must fulfill the requirements of section 403 and 404, which provide appropriate scrutiny and review of potential sanctions.
Section 402. The President must, at least once a year, make a determination as to which countries around the world are engaged in particularly severe violations of religious freedom. The President may make those determinations any time during the year, providing the flexibility to respond quickly and appropriately to occurrences of religious persecution.
If the President finds a country to be engaged in particularly severe violations of religious freedom, then the President is required to select one or more of options 9 through 15 or take commensurate action as found in section 405.
Once the President makes such a determination, the President is to identify the government agency or instrumentality and the specific officials responsible for the persecution so that sanctions are as narrowly targeted as possible to those entities responsible for the persecution.
Any economic action taken pursuant to a determination made under this section cannot be taken until the provisions of section 403 and 404 have been satisfied. However, in keeping with the Act's purpose of changing behavior, the President must first make every reasonable effort to conclude a binding agreement with the foreign country to cease the violations. If such an agreement is concluded, the President is not required to impose a sanction on that particular country for that particular year.
The Congress also recognizes that once sanctions are imposed under the International Religious Freedom Act, implementing sanctions the following year could be counterproductive. Accordingly, the Act provides that in such cases, or if a comprehensive sanctions regime is already in place in significant part because of human rights abuses, the President may designate those sanctions as fulfilling the purposes of the Act.
It is the intent of Congress that this Act require action abroad specifically and recognizably in response to violations of religious freedom, and that no provisions of the Act exempt the Department of State from recognizing that violations of religious freedom have occurred and taking action in response to those violations.
This section includes a provision that any determination made under this Act, or any amendment to this Act, shall not trigger any termination of assistance or activities as outlined in sections 116 and 502B of the Foreign Assistance Act of 1961.
Section 403. The consultations outlined in this section are necessary to achieve a coordinated international policy, to adequately ensure the safety of persecuted individuals or communities and to ensure that the economic interests of the United States are considered before our government takes economic action.
Many NGOs have operations in the very countries where persecution is ongoing and these organizations can provide valuable insight as to how the problem of violations of religious freedom can best be alleviated, and can help our government better understand specific situations in the country of concern or the potential harm any punitive action might have on their organization or persecuted communities. It is the intent of the Congress that these consultations be the norm.
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This title seeks to promote religious freedom through authorizing assistance for legal protections of religious freedom abroad, international exchanges, international broadcasting to promote religious freedom and through incentives and awards to our diplomatic community to promote religious freedom.
Section 601. Use of Annual Report: This section provides that the Annual Report on International Religious Freedom serve as a resource for U.S. officials adjudicating asylum and refugee applications involving claims of religious persecution. U.S. officials may not deny a claim solely because conditions described by an applicant are not referenced by the Annual Report.
Section 602. Reform of Refugee Policy: U.S. officials are assisted in processing potential refugees around the world by personnel hired abroad. Unfortunately, such personnel are sometimes influenced by unfairly prejudicial biases that affect their screening and processing of potential refugees. United States refugee policy should not be compromised by local prejudices based on religion, race, nationality, membership in a particular social group, or political opinion. To lessen the possibility of unfair discrimination by personnel hired abroad, and to provide greater oversight of U.S. hiring polices, section 602 requires the Attorney General and the Secretary of State to develop and implement anti-bias guidelines, and to develop guidelines for entering into agreement with local refugee processing organizations.
The Act also requires all U.S. refugee-processing officers to receive the same level of training as U.S. asylum officers, who currently receive more comprehensive training. This training includes instruction on the nature and extent of religious persecution abroad. The Act also requires Foreign Service officers who might have refugee-processing responsibilities to receive adequate training in refugee law and in the nature of religious persecution abroad.
Section 603. Reform of Asylum Policy: U.S. officials are assisted in processing potential asylees by interpreters, and other non-U.S. personnel who may be influenced by unfairly prejudicial biases that may affect such processing. To lessen the possibility of unfair discrimination by such personnel, section 603 requires the Attorney General and the Secretary of State to develop and implement anti-bias guidelines. Personnel of airlines owned by foreign governments known to engage in persecution are prohibited from employment as interpreters. The Act requires training for all immigration inspectors, asylum officers and immigration judges in the nature and extent of religious persecution abroad.
Section 604. Inadmissibility of Foreign Government Officials Who Have Been Engaged in Severe Violations of Religious Freedom: Section 604 provides that foreign government officials responsible for particularly severe violations of religious freedom in the last two years, and their families, shall not be admitted to the United States.
Section 605. Studies on the Effect of Expedited Removal for Asylum Claims: Under section 605, the Commission on International Religious Freedom may invite outside experts to cooperate with the U.S. General Accounting Office in studying and reporting on the effect of the expedited removal process on potential asylees.
Section 701. The Act recognizes that transnational corporations play an increasing role as agents for change around the world and have a great potential for positive leadership abroad in human rights. The Act states the Sense of the Congress that U.S. transnational corporations should adopt codes of conduct upholding the religious rights of their employees.
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