Religious Liberty Expert Nominated To Be Assistant Secretary of State For Human Rights

On Wednesday, President Trump announced  his intent to nominate Robert A. Destro to be Assistant Secretary of State for Democracy, Human Rights, and Labor.  Destro is Professor of Law and founding Director of the Interdisciplinary Program in Law & Religion at Catholic University's Columbus School of Law in Washington, D.C. (Biography on University's website). His publications include the book, Religious Liberty in a Pluralistic Society (Carolina Academic Press, 1996, with Michael S. Ariens). From 1983 to 1989, he served as a Commissioner on the U.S. Commission on Civil Rights.

State Department Issues 2017 Report On International Religious Freedom

On May 29, the State Department released its 2017 Report on International Religious Freedom (full text).  In releasing the report, Secretary of State Pompeo said in part:

This report demonstrates the hard work of American diplomats to protect American and universal values. I’m proud of my team in completing this report. The release of the 2017 International Religious Freedom Report is critical to our mission to defend religious liberty. It brings to light the state of religious freedom all over the world. It documents, across 200 countries and territories, reports of violations and abuses committed by governments, terrorist groups, and individuals so that we may work together to solve them....

The world has made important strides, but we still have a lot of work to do. In that regard, I am pleased to announce that the United States will host the first ever Ministerial to Advance Religious Freedom at the Department of State on July 25th and 26th of this year.

State Department Says Controversial Pastor Was Invited By Ambassador

As previously reported, one of the pastors who delivered an invocation at yesterday's opening of the U.S. Embassy in Jerusalem was Robert Jeffress, who had made controversial statements in the past about Catholics, Jews, Mormons and various other religious groups. At a news conference yesterday (full text), State Department spokesperson Heather Nauert was asked about the decision to invite Jeffress.  Here is part of her exchange with a reporter:

QUESTION: Do you have any further explanation for why it was that Pastor Jeffress was chosen to participate in the ceremony given his past controversial comments?

MS NAUERT: I can just tell you that Ambassador Friedman, I know, was looking at a variety of people to be a part of the service or the ceremony, and that’s who was invited. I don’t have anything more for you on that.

QUESTION: Was the State Department aware of some of his past comments regarding specifically Mormonism, Islam, Muslim, and --

MS NAUERT: We certainly would not agree with --

QUESTION: -- Jewish --

MS NAUERT: -- his assertions. We would certainly not agree with the pastor’s remarks, some of his controversial remarks that he has made about various religious groups, but he was chosen by Ambassador Friedman, who was certainly welcome to do so, and made that decision.

QUESTION: Well, wait, so that means that if not – even though you don’t agree with those comments, you might say that they’re wrong or what – I don’t know what term you would use --

MS NAUERT: I think I was just pretty clear. I said we do not agree with his opinion.

QUESTION: But – so that’s not disqualifying to be – I mean, does this – is this the embassy of the United States of America or is it basically Ambassador Friedman’s embassy?

MS NAUERT: As we have seen before – I seem to recall not too long ago that there was another embassy that made some decisions – embassies certainly have their free will sometimes to make decisions about who they want to bring in as guest lecturers or people to lead a ceremony or some sort of a celebration. To my knowledge, we did not have any role in making that decision, but --

QUESTION: Okay.

MS NAUERT: Not that we asked to. I just – I’m not aware if we had any decision-making --

QUESTION: Okay. So I just want to make sure I understand. So this is the equivalent – you’re saying it’s kind of like the equivalent of the Berlin situation?

MS NAUERT: I’m not saying that. I’m just saying that embassies and people around the world bring in lots and lots of people who have various opinions. Okay?

State Department Releases 2017 Country Reports On Human Rights

Last Friday, the U.S. State Department released its 2017 Country Reports on Human Rights Practices. The release was accompanied by remarks from Acting Secretary of State John Sullivan and a press briefing by Michael Kozak, Ambassador, Bureau of Democracy, Human Rights and Labor.  Secretary Sullivan highlighted a special concerns, including the ethnic cleansing of Rohingya in Burma.  In the the report on each individual country, the issue of Religious Freedom is covered by a cross reference to the Department of State’s International Religious Freedom Report for 2016, released in August 2017 (see prior posting).

Brownback Confirmed As Religious Freedom Ambassador-at-Large

Yesterday the U.S. Senate confirmed Kansas Governor Sam Brownback as Ambassador-at-Large for Religious Freedom. A 49-49 tie vote on the confirmation was broken by Vice President Pence who voted in favor of the nomination. (Senate Vote Summary).  As reported by the Washington Post:

The vote highlighted how polarizing a figure Brownback has become during what has been a divisive tenure as governor of Kansas....  Brownback had faced opposition from LGBT groups over a decision he made as Kansas governor to scuttle an executive order that barred discrimination based on sexual orientation or gender identity....

Under Trump, the State Department folded its Office of Religion and Global Affairs into the Office of International Religious Freedom that Brownback will now lead. The restructuring gives him a larger profile.

USCIRF issued a press release welcoming the confirmation.

State Department Names "Countries of Particular Concern"

The State Department announced yesterday that it has redesignated ten countries as Countries of Particular Concern (CPC) under the International Religious Freedom Act. CPC's are nations guilty of the most egregious violations of religious liberty. The countries are: Burma, China, Eritrea, Iran, North Korea, Sudan, Saudi Arabia, Tajikistan, Turkmenistan, and Uzbekistan.  The Sate Department also placed Pakistan on a Special Watch List-- a new category created by 2016 amendments to the International Religious Freedom Act. This category is for countries with severe violations of religious freedom.  Last April, the U.S. Commission on International Religious Freedom had recommended six additional countries be added as CPC's. (See prior posting.)  In a Release yesterday praising the State Department's action, USCIRF urged the Department to also exercise its authority to designate non-governmental groups as "Entities of Particular Concern."

USCIRF Says State Department Is Late In Designating "Countries of Particular Concern"

The U.S. Commission on International Religious Freedom issued a press release on Tuesday criticizing the State Department for failing to meet the statutory deadline for designating "countries of particular concern".  The International Religious Freedom Act (22 USC 6442 as amended in 2016) requires the President to designate countries of particular concern-- those that are the most egregious violators of religious freedom-- within 90 days of the issuance of the State Department's Annual Report on International Religious Freedom.  The State Department issued this year's Annual Report on Aug. 15. (See prior posting.)

Religious Freedom and Holocaust Envoys Escape State Department Cuts

In a move applauded by Senate Foreign Relations Chairman Bob Corker, Secretary of State Rex Tillerson has notified the Senate that he plans to pare down the number of Special Envoys in the State Department. According to CNN, Tillerson will eliminate or downgrade as many as 36 of the nearly 70 special envoy spots. However three special envoy offices will be expanded: those dealing with religious freedom, Holocaust issues and HIV/AIDS.

UPDATE: Here is the full text of Sec. Tillerson's letter to Sen. Corker. It details some of the changes as follows:

The Ambassador-at-Large for International Religious Freedom (IRF) will continue to be an ambassador-level position confirmed by the U.S. Senate, and will be organized under and report to the Under Secretary for Civilian Security, Democracy, and Human Rights (J). Additionally, IRF will assume the functions and staff of the U.S. Special Representative for Religion and Global Affairs, U.S. Special Representative to Muslim Communities, U.S. Special Envoy to the Organization of Islamic Cooperation, and Special Advisor for Religious Minorities in the Near East and South/Central Asia.

State Department Releases 2016 International Religious Freedom Report

Yesterday the State Department released its 2016 International Religious Freedom Annual Report (full text). In remarks on the Report, Secretary of Sate Tillerson highlighted concerns about religious liberty in Iran, Saudi Arabia, Turkey, Bahrain, China, Pakistan and Sudan. Importantly, Tillerson also emphasized the State Department's conclusion that ISIS is engaged in genocide as well as in crimes against humanity:

As we make progress in defeating ISIS and denying them their caliphate, their terrorist members have and continue to target multiple religions and ethnic groups for rape, kidnapping, enslavement, and even death.

To remove any ambiguity from previous statements or reports by the State Department, the crime of genocide requires three elements: specific acts with specific intent to destroy in whole or in part specific people, members of national, ethnic, racial, or religious groups. Specific act, specific intent, specific people.

Application of the law to the facts at hand leads to the conclusion ISIS is clearly responsible for genocide against Yezidis, Christians, and Shia Muslims in areas it controls or has controlled.

ISIS is also responsible for crimes against humanity and ethnic cleansing directed at these same groups, and in some cases against Sunni Muslims, Kurds, and other minorities. 

More recently, ISIS has claimed responsibility for attacks on Christian pilgrims and churches in Egypt.

The protection of these groups – and others subject to violent extremism – is a human rights priority for the Trump administration.

We will continue working with our regional partners to protect religious minority communities from terrorist attacks and to preserve their cultural heritage.

The full report surveys the state of religious freedom in some 195 countries around the world.

Gov. Sam Brownback Picked As Ambassador For International Religious Freedom

The White House announced on Wednesday that President Trump will nominate Kansas Governor Samuel Brownback to be Ambassador at Large for International Religious Freedom. Before becoming governor, Brownback served for 15 years as U.S. senator where he was a key sponsor of the International Religious Freedom Act of 1998.  Reactions to Brownback's nomination varied. In a press release, the ACLU said in part:

... throughout his tumultuous tenure, Gov. Brownback worked tirelessly to erode the protections that the First Amendment affords for the separation of church and state.  More troubling, Gov. Brownback has been one of the nation's leading proponents of the notion that people, businesses, and even governments should be able to discriminate against others because of their own religious beliefs.

On the other hand, Liberty Counsel's press release applauded the nomination, saying in part:

Innocent people around the world are imprisoned, tortured, and persecuted for their faith. Christians and religious minorities are suffering more persecution than at any time in history. Gov. Brownback has proven that he will fight for religious freedom and will do an excellent job defending this sacred freedom around the world.

New York Times reported on the President's choice.

State Department Implements Expanded "Mexico City Policy"

Yesterday the State Department took steps to implement an earlier Memorandum from President Trump that reinstated the "Mexico-City Policy" that bars U.S. foreign aid dollars from going to nongovernmental organizations that offer abortion counseling or  advocate the right to seek abortions in their home countries.(See prior posting).  In a Fact Sheet and a Background Briefing the State Department elaborated on its new plan called "Protecting Life in Global Health Assistance" which expands on the Mexico City Policy as applied in prior Republican administrations.  According to the briefing:

...[G]lobal health assistance includes funding for international health programs, such as those for HIV/AIDS, maternal and child health, malaria, global health security, family planning, and reproductive health. Protecting Life in Global Health Assistance applies to global health assistance to or implemented by foreign NGOs, including those to which a U.S. NGO makes a sub-award with such assistance funds.

Global health assistance to national or local governments, public international organizations, and other similar multilateral entities is not subject to this policy. Also excluded is humanitarian assistance, including State Department migration and refugee assistance activities, USAID disaster and humanitarian relief activities, and U.S. Department of Defense disaster and humanitarian relief. At any time, in consultation with the Secretary of Health and Human Services, the Secretary of State may authorize additional case-by-case exemptions to the policy....

Protecting Life in Global Health Assistance applies to approximately $8.8 billion in funds appropriated to the Department of State, the U.S. Agency for International Development, and the Department of Defense. Previously, the policy applied only to family planning assistance provided by USAID and the Department of State.

.... Departments and agencies will reprogram to other organizations any funding they would have awarded to NGOs that do not agree to the terms of Protecting Life in Global Health Assistance.

New York Times reports on the policy expansion. Liberty Counsel issued a press release with additional information on the new policy.

Trump Keeps Special Envoy For LGBTI Rights At State Department

Foreign Policy this week reports that  the Trump Administration has decided to keep Obama-appointee Randy Berry in his State Department position of Special Envoy for the Human Rights of LGBTI Persons. According to Foreign Policy:

The special envoy position was created during the Obama years to fight back against the discrimination of lesbian, gay, bisexual, and transgender people around the globe. Conservative groups have called the office an attempt to “entrench the LGBTI agenda” into the United States government, and accuse it of browbeating countries opposed to gay-friendly school textbooks and same-sex marriage.

Berry repeatedly stressed that his goal was to convince foreign governments to stop violence against gays and lesbians rather than pressure every nation to allow same-sex marriage. 

Berry, who is an openly gay career Foreign Service officer, will also stay on as deputy assistant secretary to the Bureau of Democracy, Human Rights, and Labor, a position to which he was appointed in the last hours of the Obama administration. Christian evangelical groups had called for Trump to dismiss Berry.

Congress Passes State Department Authorization Act Including Various Religious Liberty Provisions

Yesterday evening the U.S. House of Representatives passed S. 1635, the Department of State Operations Authorization and Embassy Security Act, Fiscal Year 2016 (full text). The bill, which had been passed by the Senate in April, now goes to the President for signature. The 160-page bill includes these provisions relating to religious liberty and religious discrimination:

• Section 105 calling for a report assessing the U.S.-China Dialogue, including among many other items an assessment the treatment of political dissidents, media representatives, and ethnic and religious minorities;
  
• Section 106 calling for a report which "(1) describes in detail all known widespread or systematic civil or political rights violations, including violations that may constitute crimes against humanity against ethnic, racial, or religious minorities in Burma, including the Rohingya people; and (2) provides recommendations for holding perpetrators of the violations described in paragraph (1) accountable for their actions."
  
• Section 107 appropriating $500,000 "to be used in support of efforts by American and European Jewish and other civil society organizations, focusing on youth, to combat anti-Semitism and other forms of religious, ethnic, or racial intolerance in Europe."
  
• Section 122 which expresses the sense of Congress opposing anti-Israel and anti-Semitic incitement in the Palestinian Authority.
  
• Section 131 authorizing an Interagency Atrocities Prevention Board.
  
• Section 133 authorizing a bilateral joint action plan with the European Union to combat prejudice and discrimination.
  
• Section 141 sense of Congress calling for additional sanctions against North Korea including "specific designations relating to human rights abuses."
  
• Section 215 barring racial, ethnic or religious discrimination in assignments of foreign service personnel to work in particular geographic areas.
  
• Section 223: requiring an international religious freedom training program for Foreign Service Officers be developed and implemented.

FOIA Suit Seeks All State Department Records On Combating Genocide

Yesterday, a conservative civil rights and religious liberty advocacy group filed a lawsuit seeking to enforce its Freedom of Information Act request for all State Department records and communications reflecting efforts to carry out the terms of the Genocide Convention, to hold ISIS accountable for atrocities it has committed, and to respond to the ISIS genocide of Christians.  The complaint (full text) in American Center for Law & Justice v. U.S. Department of State, (D DC, filed 8/30/2016), sets out in 22 paragraphs the scope of the records sought in its July 18 FOIA request sent to the State Department, and adds that the State Department "has a reputation for flaunting and disregarding its public accountability and FOIA obligations." The lawsuit follows actions by ACLJ in recent weeks pressing the United Nations to take action to respond to ISIS genocide against Christians and others.

State Department Issues 2015 International Religious Freedom Report

Last week, the U.S. State Department issued its 2015 Annual Report on International Freedom.  In an August 10 press conference presenting the report, Deputy Secretary of State Antony J. Blinken (full text of remarks) said in part:

[T]he purpose of this annual report is not to lecture; it is to inform, to encourage, and ultimately, to persuade. Bigotry and intolerance can be found in every part of the world, including the United States. But every country has an obligation to respect religious liberty and freedom of conscience; we encourage every country to do so. This report, which is based on a wealth of objective research, is one of many ways we give life to that advocacy....

This past March, Secretary Kerry made clear his judgment that Daesh is responsible for genocide against religious communities in areas under its control.... They’ve not only killed, they’ve sought to erase the memory of those they’ve killed, destroying centuries-old religious cultural sites.

Naming these crimes is important, but our goal is to stop them. That’s why President Obama has mobilized a coalition of more than 65 partners from every corner of the world to combat and ultimately defeat Daesh.

Ambassador-at-Large for International Religious Freedom David Saperstein also spoke at the press conference and answered reporters' questions. (Full text of remarks.) He said in part:

While the report touches on all manner of restrictions to religious freedom, I want to highlight this year the chilling, sometimes deadly effect of blasphemy and apostasy laws in many places of the world, as well as laws that purport to protect religious sentiments from defamation. Roughly a quarter of the world’s countries have blasphemy laws, and more than one in 10 have laws or policies penalizing apostasy, and the existence of these laws has been used by governments in too many cases to intimidate, repress religious minorities, and governments have too often failed to take appropriate steps to prevent societal violence sparked by accusations of blasphemy and apostasy. And when these claims turn out to be blatantly false accusations made to pursue other agendas, governments will often fail to act to hold perpetrators accountable. These government failures weaken trust in the rule of law, creating an atmosphere of impunity for those who would resort to violence or make false claims of blasphemy.

UPDATE: In connection with the State Department report, the White House issued a Fact Sheet: Promoting and Protecting Religious Freedom Around the Globe. Also the U.S. Commission on International Religious Freedom issued a press release welcoming the State Department's report and urging additional actions under the International Religious Freedom Act.

DC Circuit In Procedural Reversal Allows Religious Discrimination Suit To Proceed

In Al-Saffy v. Vilsack, (DC Cir., July 1, 2016), the U.S. Court of Appeals for the D.C. Circuit reversed the district court and allowed a religious and national origin discrimination claim against both the Department of Agriculture and the Department of State to proceed.  As stated by the court, "Determining whether Al-Saffy’s lawsuit was properly brought requires us to navigate a quagmire of procedural rules."  BNA Daily Labor Report summarizes the court's holding:

Mohamed Tahwid Al-Saffy raised genuine factual issues about whether Agriculture and State were his joint employers when he directed the trade offices in Saudi Arabia and Yemen.... Although Al-Saffy wasn't “officially employed” by the State Department, he reported directly to the ambassadors of Saudi Arabia and Yemen, who are State employees, the court said.....

The court also rejected arguments that Al-Saffy did not file his lawsuit in a timely manner.  Again BNA summarizes the court's holding:

An EEOC order that omits that required information can't trigger the 90-day deadline, the court said. Al-Saffy therefore retained the option to sue at any time after 180 days had elapsed from his filing of the original administrative complaint....

Secretary Kerry Speaks on Impact of Religion on U.S. Foreign Policy

On Tuesday, Secretary of State John Kerry delivered a lengthy address (full text) (video) at Rice University's Baker Institute for Public Policy focusing on the impact of religion on U.S. foreign policy. He said in part:

Religion today remains deeply consequential, affecting the values, the actions, the choices, the worldview of people in every walk of life on every continent and, obviously, also here at home. It is a part of what drives some to initiate war, others to pursue peace; some to organize for change, others to cling desperately to old ways, resist modernity; some to reach eagerly across the borders of nation and creed, and others to build higher and higher walls separating one group from the next.

But religion is not only pervasive; it is also complex, especially when viewed from the ground up. Most religions are internally diverse, reflecting multiple schools of thought, regional variations, and complicated histories. And the actions of religious communities, like all communities, are embedded in the political, economic, and cultural environment in which they are carried out. That is why religion as it is actually lived does not always look the way that we expect or have the impact that we anticipate. It is also why our engagement with religious actors has to extend beyond designated leaders to the rank and file.

Now, historically the State Department has tended to downplay the role of religion or pay attention only when religion is deemed a problem, a threat, a challenge. The department has not traditionally had the resources or made the necessary commitment to systematically analyze the importance that religion holds for the success or failure of our foreign policy.... Now that has changed, and the purpose of my remarks tonight is to explain what we now do differently and why those differences matter.

[Thanks to Blog from the Capital for the lead.] 

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.

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.

Supreme Court Hears Oral Arguments On Passport Designation For Americans Born In Jerusalem

The U.S. Supreme Court today heard oral arguments in Zivotofsky v. Kerry,  involving  a dispute between Congress and the Executive Branch over the constitutionality of a statute that calls for the State Department to change its policy and allow "Israel" rather than "Jerusalem" to be listed as the birthplace of Americans born in Jerusalem. The full transcript of the arguments are available on the Court's website. SCOTUSblog has a detailed report on the arguments, suggesting that the various justices were playing "diplomat for a day." This is the second time the case has been before the Supreme Court. (See prior posting.)