House Holds Hearings On Global Religious Freedom

Yesterday a subcommittee of the House Foreign Affairs Committee held hearings titled The Global Religious Freedom Crisis and Its Challenge to U.S. Foreign Policy.  Witnesses from the State Department and the U.S. Commission on International Religious Freedom testified.  Transcripts of their testimony are available from the Committee's website.

Bahrain Prohibits All Political Activity By Religious Leaders

Gulf News and Middle East Confidential report that on Saturday Bahrain's King Hamad Bin Eisa Al Khalifa promulgated amendments to the 2005 Political Society Law.  That law banned political societies with religious agendas and and banned the use of religious organizations to promote political ideas.  It also prohibited judges, diplomats and security and military personnel from joining any political society. Saturday's amendments, endorsed by parliament last month, however, go farther. They prohibit any religious figure who delivers sermons from being a member of a political society or engaging in political activities. Critics say the amendments are aimed at restricting the activities of the Shia population that have been protesting against the government and calling for structural political reforms. Justice Minister Shaikh Khalid Bin Ali Al Khalifa said that places of worship have been exploited for political purposes.

British Parliamentary Group Releases Report On Asylum Claims By Migrants Claiming Religious Persecution

In Britain, the All Party Parliamentary Group for International Freedom of Religion or Belief this week released a 35-page report titled Fleeing Persecution: Asylum Claims in the UK on Religious Freedom Grounds. Here is an  excerpt from the Executive Summary:

While the law is clear that religious persecution constitutes grounds for asylum, assessment of religion based asylum applications is complex and challenging due to the inherently internal and personal nature of religion and belief. This is compounded by the fact that persecution on the basis of religion or belief encompasses a wide range of human rights violations and relates to complex dynamics of communal identities, politics, conflicts and radical organisations....

... [T]here is a disparity between Home Office policy guidelines and what is actually happening in practice.... [W]hile it is clear that a lack of understanding of religion and belief is a primary cause of the disparity between good policy guidelines and practices of decision-makers within the UK asylum system, such ignorance might have been formalised through unpublished ‘crib sheets’ given to decision-makers.

Further evidence submitted by a number of stakeholders revealed that Christian and Christian convert asylum seekers are still being asked detailed factual “Bible trivia” questions which is too simplistic a way to judge if an individual is, for example, a genuine convert. Furthermore anecdotal evidence has shown that some people are learning as much as they can so they can be prepared for the Home Office interview.

Challenge To Holiday Law Moves Ahead In German Courts

As reported by The Local, in Germany last Thursday the High Court in North Rhine-Westphalia upheld a 100 Euro fine that had been imposed on Martin Budich, the organizer of Religious Freedom in the Ruhr.  Budich was fined for breaking the state's so-called "holiday law" which, among other things, prohibits showing films that are not approved by the state on holidays.  Every year since 2013, on Good Friday Budich has shown the classic British comedy which satirizes the life of Jesus, "The Life of Brian".  His goal has been to test the constitutionality of the holiday law. Now with the High Court's decision, Budich is able to appeal and mount that challenge in Germany's Federal Constitutional Court.  Friendly Atheist has more on the decision. [Thanks to Scott Mange for the lead.]

In Vietnam, Obama Calls For Increased Freedom of Religion Among Other Human Rights

President Obama today during his trip to Vietnam delivered an address to the people of Vietnam from the National Convention Center in Hanoi. His remarks (full text) included a call for improvement in the human rights situation in Vietnam, including freedom of religion.  He said in part:

When there is freedom of expression and freedom of speech, and when people can share ideas and access the Internet and social media without restriction, that fuels the innovation economies need to thrive....  

When there is freedom of religion, it not only allows people to fully express the love and compassion that are at the heart of all great religions, but it allows faith groups to serve their communities through schools and hospitals, and care for the poor and the vulnerable.  And when there is freedom of assembly -- when citizens are free to organize in civil society -- then countries can better address challenges that government sometimes cannot solve by itself.  So it is my view that upholding these rights is not a threat to stability, but actually reinforces stability and is the foundation of progress. 

After all, it was a yearning for these rights that inspired people around the world, including Vietnam, to throw off colonialism.  And I believe that upholding these rights is the fullest expression of the independence that so many cherish, including here, in a nation that proclaims itself to be “of the People, by the People and for the People.”

USCIRF Issues 2016 Annual Report On Religious Freedom Abuses Around the World

The U.S. Commission on International Religious Freedom today released its 2016 Annual Report (full text). The Report recommends that the Secretary of State re-designate 9 countries as "countries of particular concern," i.e. countries that engage in or tolerate systematic, ongoing and egregious violations of religious freedom: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, Turkmenistan, and Uzbekistan. It also recommends adding 8 other countries as CPC's: Central African Republic, Egypt, Iraq, Nigeria, Pakistan, Syria, Tajikistan, and Vietnam. (In fact on April 14, the State Department did add Tajikistan. See prior posting.)

USCIRF designated 10 countries as Tier 2 nations that have serious religious freedom issues, but which do not rise to the level of CPC's: Afghanistan, Azerbaijan, Cuba, India, Indonesia, Kazakhstan, Laos, Malaysia, Russia, and Turkey.

In making its recommendations, USCIRF said in part:

Non-state actors, such as transnational or local organizations, are some of the most egregious violators of religious freedom in today’s world. In some places, such as the Central African Republic and areas of Iraq and Syria, governments are either non-existent or incapable of addressing violations committed by non-state actors. USCIRF has concluded that the CPC classification should be expanded to allow for the designation of countries such as these, where particularly severe violations of religious freedom are occurring but a government does not exist or does not control its territory. Accordingly, USCIRF’s CPC recommendations reflect that approach. 

State Department Names This Year's "Countries of Particular Concern"

In a little-noticed action, on April 14 the State Department notified Congress of this year's designation of "countries of particular concern"-- those countries which display the most flagrant violations of religious freedom.  In an April 15 press conference (full text), a State Department spokesman said:

Yesterday, the Department of State notified Congress of the decision to re-designate the following countries as Countries of Particular Concern under the International Religious Freedom Act, also known as IRF. These countries are Burma, China, Eritrea, Iran, North Korea, Sudan, Saudi Arabia, Turkmenistan, Uzbekistan, and for the first time Tajikistan as a Country of Particular Concern. In accordance with the IRF Act, presidential actions for Burma, China, Eritrea, Iran, North Korea, and Sudan have been implemented. We have waived application of presidential actions with respect to Saudi Arabia, Tajikistan, Turkmenistan, and Uzbekistan following determinations that the important national interest of the United States required exercising this waiver authority.

These designations help us shine a spotlight on countries and conditions that require the international community’s attention. Today and every day, as you know, we are committed to working with governments, civil society organizations, and individuals to achieve our shared interest in promoting peace and stability through, in part, the promotion and protection of all human rights including religious freedoms.

In a press release welcoming the action, the U.S. Commission on International Religious Freedom said that it would like to see seven additional countries placed on the CPC list: Central African Republic, Egypt, Iraq, Nigeria, Pakistan, Syria, and Vietnam. Christian Post highlighted concerns over the omission of Pakistan.

New Study Surveys Restrictions On Women Wearing Religious Attire

The Pew Research Center yesterday released a report (full text) titled Restrictions on Women's Religious Attire.  It concludes:

50 of the 198 countries and territories included in the study had at least one law or policy regulating women’s religious attire in 2012 and 2013..... About three-quarters of those countries (39 of the 50, or 78%) had a law or policy limiting women’s ability to wear religious attire, while about a quarter (12 of the 50, or 24%) had at least one law or policy requiring women to wear particular attire. Some of these laws or policies applied nationwide, while others were imposed at the provincial, state or local level.   One country – Russia – had [both in different areas].

The study also found that in 2013, some 50 countries had at least one incident where women were harassed by private individuals either for wearing religious dress, or for not conforming to local customs concerning religious dress.

UN Report On Religious Freedom In Denmark Released

On March 22, the United Nations Special Rapporteur on Freedom of Religion or Belief filed his Preliminary Findings (full text) on his visit to Denmark to review the status of religious freedom there.  The Evangelical Lutheran church is the established church of the country.  Some 160 other groups enjoy either "recognition" or "acknowledgement."  The lengthy report observes in part:

The existing system is obviously non-egalitarian. While virtually no one questions the spirit of freedom that prevails in Denmark, including in the area of religion or belief, the principle of equality certainly does not govern the treatment of diverse religious communities. This contrasts starkly with the everyday culture in Denmark which indeed is markedly egalitarian....

[T]he understanding of religion in Denmark very much focuses on the dimension of the person’s inner conviction. This seems to echo a Christian and more specifically Lutheran understanding of redemption through faith alone (“sola fide”). As a result, aspects of ritual or ceremonial religious practice are relegated into a mere external sphere, which allegedly has less relevance and is less worthy of recognition. From the perspective of non-Christian religions, this can become worrisome. Two issues have arisen in various talks over the last few days, namely, the ban on ritual slaughter without prior stunning of the animal, enacted in February 2014, and public demands to outlaw religiously motivated circumcision of male infants.

[Thanks to Niels Valdemar Vinding via Religionlaw for the lead.] 

Australian Report On Laws That Encroach On Traditional Freedoms

On Wednesday, the Australian Law Reform Commission released  its report titled Traditional Rights and Freedoms—Encroachments by Commonwealth Laws. Chapter 5 of the report deals with Australian laws that may be seen as interfering with freedom of religion, including anti-discrimination laws. Law and Religion Australia blog has more on the report.

Group Releases List of Countries With Worst Persecution of Christians

This week the organization Open Doors issued its 2016 World Watch List Report detailing the 50 countries where persecution of Christians is greatest.  North Korea, Iraq, Eritrea, Afghanistan, Syria, Pakistan and Somalia top the list. On Wednesday, Religion News Service covered the press conference at which the Report was released.

2016 Appropriations Act Includes Focus On International Religious Liberty

The massive Consolidated Appropriations Act, 2016 signed into law by President Obama last week includes a number of provisions specifically relating to international religious freedom.  These provision in Section 7033 (at pg. 519 of the bill) are of particular interest:

(c) INTERNATIONAL BROADCASTING.—Funds appropriated by this Act under the heading ‘‘Broadcasting Board of Governors, International Broadcasting Operations’’ shall be made available for programs related to international religious freedom, including reporting on the condition of vulnerable and persecuted religious groups.

(d) ATROCITIES PREVENTION.—Not later than 90 days after enactment of this Act, the Secretary of State, after consultation with the heads of other United States Government agencies represented on the Atrocities Prevention Board (APB) and representatives of human rights organizations, as appropriate, shall submit to the appropriate congressional committees an evaluation of the persecution of, including attacks against, Christians and people of other religions in the Middle East by violent Islamic extremists and the Muslim Rohingya people in Burma by violent Buddhist extremists, including whether either situation constitutes mass atrocities or genocide (as defined in section 1091 of title 18, United States Code), and a detailed description of any proposed atrocities prevention response recommended by the APB: Provided, That such evaluation and response may include a classified annex, if necessary.

(e) DESIGNATION OF NON-STATE ACTORS.—The President shall, concurrent with the annual foreign country review required by section 402(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)), review and identify any non-state actors in such countries that have engaged in particularly severe violations of religious freedom, and designate, in a manner consistent with such Act, each such group as a non-state actor of particular concern for religious freedom operating in such reviewed country or surrounding region: Provided, That whenever the President designates such a non-state actor under this subsection, the President shall, as soon as practicable after the designation is made, submit a report to the appropriate congressional committees detailing the reasons for such designation.

Today Is International Religious Freedom Day

October 27 is International Religious Freedom Day, marking the 17th anniversary of the passage of the International Religious Freedom Act. (Background.) It also commemorates the execution of the Boston Martyrs on this day in 1659. (Background). Secretary of State John Kerry issued a press statement marking the day and calling on the "international community – governments, civil society, and citizens alike – to speak out against religious persecution, and to stand unequivocally for religious freedom."  UPDATE: Also today a subcommittee of the House Foreign Affairs Committee held a hearing on The Global Crisis of Religious Freedom.  The prepared statements of the witnesses and a video of the nearly 3-hour hearing are available at the Committee's website.

State Department Releases 2014 International Religious Freedom Report

Yesterday the U.S. State Department released its International Religious Freedom Report for 2014.  The Report details the state of religious freedom in each of nearly 200 countries. Each country report contains 4 sections: religious demography; status of government respect for religious freedom; status of societal respect for religious freedom; and U.S. government policy.

Both Secretary of State John Kerry (full text) and Ambassador-at-Large for International Religious Freedom David Saperstein (full text) delivered remarks at a news conference announcing the release. Ambassador Saperstein summarized the report's findings:

A number of trend lines stood out in this year’s report. The first one ... is the single greatest challenge to religious freedom worldwide, or certainly the single greatest emerging challenge, and that is the abhorrent acts of terror committed by those who falsely claim the mantle of religion to justify their wanton destruction.

In both Iraq and Syria, Daesh has sought to eliminate anyone daring to deviate from its own violent and destructive interpretation of Islam.... Similarly, Boko Haram has killed thousands in both indiscriminate violence and deliberate attacks on Christians and Muslims who oppose its radical ideology. It has subjected the peoples of Nigeria, Cameroon, Chad, Niger, to unspeakable acts of terror, sexual violence, abductions, and fatal attacks on places of worship.

Secondly, the impact of blasphemy laws and apostasy laws in countries including Pakistan, Saudi Arabia, Egypt, Sudan, and in a number of others – as well as laws that purport to protect religious sentiments from offense.... The existence of such laws has been used in some countries as pretext to justify violence in the name of religion to create an atmosphere of impunity for those resorting to violence and/or leads to false claims of blasphemy.

Third, repressive governments routinely subject their citizens to violence, detention, discrimination, undue surveillance, for simply exercising their faith or identifying with a religious community. We see this dramatized by the plight of countless numbers of prisoners of conscience..... Many governments have used the guise of confronting terrorism or extremism to broadly repress religious groups for nonviolent religious activities, or by imposing broad restrictions on religious life.

Europe's Parliamentary Assembly Adopts Resolution on Freedom of Religion

Last week (Sept. 30), the Council of Europe's Parliamentary Assembly  adopted Resolution 2076 titled Freedom of Religion and Living Together in a Democratic Society.  The Resolution sets out the Assembly's primary concerns:

Many beliefs and churches are developing in Europe alongside the religions which have influenced the history of our continent. The Assembly notes with great regret and anxiety that this continues to give rise to tensions, lack of understanding and suspicion, and even to xenophobic attitudes, extremism, hate speech and the most despicable violence. This vicious circle must be broken....

[T]he Assembly considers that the principle of secularity does not require the elimination of religion from social space; quite the contrary, this principle, properly interpreted and implemented, protects the possibility for the different beliefs, religious and non-religious, to coexist peacefully while all parties respect shared principles and values.

The Resolution focuses on the extent to which governments may regulate certain religious practices:

...  Certain religious practices remain controversial within national communities. Albeit in different ways, the wearing of full-face veils, circumcision of young boys and ritual slaughter are divisive issues and the Assembly is aware of the fact that there is no consensus among Council of Europe member States on these matters....

As far as circumcision of young boys is concerned the Assembly ... out of a concern to protect children’s rights which the Jewish and Muslim communities surely share, recommends that member States provide for ritual circumcision of children not to be allowed unless practised by a person with the requisite training and skill, in appropriate medical and health conditions. Furthermore, the parents must be duly informed of any potential medical risk or possible contraindications and take these into account when deciding what is best for their child, bearing in mind that the child’s interest must be considered the first priority.

Where ritual slaughter is concerned, the Assembly is not convinced that legislation prohibiting this practice is really necessary, or that it would be the most effective way of ensuring the protection of animals; legislation which imposes strict requirements, like that of France and Germany, achieves a balanced reconciliation of the legitimate concern to protect animals from unjustified suffering and respect for the right to freedom of religion.

 The Council's resolutions are advisory. A video of the Council's debate on the Resolution is online.

Obama Exchanges Views With China's President On Human Rights and Religious Freedom

China's President Xi Jinping is on a state visit to the United States. (Background).  The two leaders held a joint news conference yesterday (full text) covering a wide range of topics.  Among the topics addressed were human rights and religious freedom in China:

President Obama: ... [W]e had a frank discussion about human rights, as we have in the past.  And I again affirmed America’s unwavering support for the human rights and fundamental freedoms of all people, including freedom of assembly and expression, freedom of the press and freedom of religion.  And I expressed in candid terms our strong view that preventing journalists, lawyers, NGOs and civil society groups from operating freely, or closing churches and denying ethnic minorities equal treatment are all problematic, in our view, and actually prevent China and its people from realizing its full potential.  

Obviously, we recognize that there are real differences there.  And President Xi shared his views in terms of how he can move forward in a step-by-step way that preserves Chinese unity. So we expect that we’re going to continue to consult in these areas.  

Even as we recognize Tibet as part of the People’s Republic of China, we continue to encourage Chinese authorities to preserve the religious and cultural identity of the Tibetan people, and to engage the Dalai Lama or his representatives....

President Xi: ... Democracy and human rights are the common pursuit of mankind.  At the same time, we must recognize that countries have different historical processes and realities, and we need to respect people of all countries in the right to choose their own development path independently. 

The Chinese people are seeking to realize the great renew of the Chinese nation, which is the Chinese history.  This process in essence is a process to achieve social equity and justice and advancing human rights.  China stands ready to, in the spirit of equality and mutual respect, conduct human rights dialogue with the United States, expand consensus, reduce differences, learn from each other, and progress together.

Anti-Proselytizing Provision In Nepal Draft Constitution Creates Controversy

Reuters reports that on June 30, the government of Nepal released a preliminary draft of its first republican constitution. A new constitution was called for in a 2006 peace agreement with Maoist rebels that ended a 10-year civil war, but the process for producing and approving it has remained controversial. Yesterday's Christianity Daily reports that Christians and Muslims in the largely Hindu country are critical of a provision in the proposed new charter that prohibits religious proselytizing.  The draft provides:

No one shall behave, act, or undertake activities that breach public order or break public peace/peace in the community; and no one shall attempt to change or convert someone from one religion to another, or disturb/jeopardise the religion of others, and such acts/activities shall be punishable by law.

The provision responds in part to charges by the pro-Hindu Rastriya Prajatantra Party-Nepal that Christians have engaged in mass forced conversions.

British House of Lords Debates Resolution On Religious Freedom

Law & Religion UK blog reports on the debate last week in the House of Lords (full text of July 16 debate) on a motion to:

[take] note of worldwide violations of Article 18 of the 1948 Universal Declaration of Human Rights and the case for greater priority to be given by the United Kingdom and the international community to upholding freedom of religion and belief.

Introducing the debate, Lord Alton said in part:

The four great murderers of the 20th century—Mao, Stalin, Hitler and Pol Pot—were united by their hatred of religious faith. Seventy years later, all over the world, from North Korea to Syria, Article 18 is honoured daily in its breach, evident in new concentration camps, abductions, rape, imprisonment, persecution, public flogging, mass murder, beheadings and the mass displacement of millions of people. Not surprisingly, the All-Party Group on International Freedom of Religion or Belief, in the title of its influential report, described Article 18 as “an orphaned right”....

Some Recent Congressional Actions of Interest

On April 15, the U.S. House of Representatives passed H.R. 1314, a bill that would amend the Internal Revenue Code to assure the right to an administrative appeal for non-profit organizations that are denied tax-exempt status by the IRS.  When the bill went to the Senate, it became the vehicle for the high profile trade promotion authority.  The May 12 substitute amendment (full text) that added the trade authority provisions, however, eliminated the text of the House language regarding non-profits.

A large number of amendments have been offered on the Senate floor to the trade authority bill. One of those amendments (No. 1237), approved in the Seante  on May 18 by a 92-0 vote, adds to the numerous trade negotiating objectives in Sec. 102, the following:

to take into account conditions relating to religious freedom of any party to negotiations for a trade agreement with the United States.

Obama Urged To Appoint Near East Religious Freedom Envoy

Last year Congress passed and the President signed the Near East and South Central Asia Religious Freedom Act which provides that  the President may appoint a Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia. (See prior posting.)  However the President has never filled the authorized position.  The Washington Times reported this week that now members of Congress and religious activists are urging the President to move swiftly to fill the position as Christians face increasng threats in the Middle East.  Last week 43 members of Congress wrote the President urging speedy action, and on Monday over 50 organizations, scholars, religious leaders and human rights advocates wrote the President with a similar request, saying in part:

In the seven months since the legislation became law, discrimination, repression and outright violence against religious minorities has only escalated.