22 U.S.C. § 6401 — Findings; policy
submitted 28 years ago by Pub. L. 105-292 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 1,080 words · no verdicts yet
Congress describes religious freedom as a fundamental universal right and identifies worldwide persecution. U.S. policy is to condemn violations, promote religious freedom through diplomacy and other tools, and coordinate evolving responses across government.
(a) Congress finds: (1) religious freedom helped inspire and establish the United States, and the Nation has valued it and offered refuge to persecuted people. (2) Religious belief and practice are universal human rights recognized in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Helsinki Accords, the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief, the United Nations Charter, and the European Convention for the Protection of Human Rights and Fundamental Freedoms. (3) Article 18 of the Universal Declaration recognizes that everyone has freedom of thought, conscience, and religion, including freedom to change religion or belief and, alone or with others and publicly or privately, to show religion or belief through teaching, practice, worship, and observance. Article 18(1) of the International Covenant recognizes everyone’s right to freedom of thought, conscience, and religion, including the right to have or adopt a religion or belief of choice and to show it individually or with others and publicly or privately through worship, observance, practice, and teaching. These freedoms protect theistic and nontheistic beliefs and the right not to profess or practice a religion. Governments must protect these fundamental rights and pursue justice, and may not arbitrarily restrict them regardless of race, sex, country, creed, or nationality. (4) Religious freedom is increasingly attacked worldwide, and more than half the world’s population lives under regimes severely restricting or banning religious study, belief, observance, or practice. Violations include state slander, property confiscation, cemetery desecration, surveillance by security police including special religious-police divisions, severe limits on building or repairing worship places, denial of assembly, arbitrary registration making communities illegal, bans on education or public office*, and restrictions on publishing, distributing, or possessing religious literature. Routinely denying religious-worker visas can indicate poor religious freedom. (5) Persecution also includes detention, torture, beating, forced marriage, rape, imprisonment, enslavement, mass resettlement, and death for peaceful belief, change, or practice. In many countries believers must meet secretly, and security forces or hostile mobs target religious leaders. (6) Persecution and targeting of nontheists, humanists, and atheists are often especially widespread, systematic, and heinous under totalitarian governments, militant politicized majorities, and non-state actors with significant political power and territorial control. (7) Congress recognized and denounced persecution in: (A) House Resolution 515 of the 104th Congress, expressing the House’s sense about worldwide persecution of Christians; (B) Senate Concurrent Resolution 71 of that Congress, expressing the Senate’s sense about worldwide persecution of Christians; and (C) House Concurrent Resolution 102 of that Congress, expressing the House’s concern about emancipation of Iran’s Baha’i community. (b)(1) U.S. policy is (A) to condemn violations and promote and help other governments promote religious freedom; (B) to channel security and development assistance toward governments other than those found to commit gross violations, under the Foreign Assistance Act of 1961, the International Financial Institutions* Act of 1977, and other U.S. human-rights policies; (C) to respond vigorously and flexibly, reflecting commitment and effective principled action in light of different violations, regimes, and relationships; (D) to work with governments that protect religious freedom on multilateral documents and initiatives; and (E) to use diplomatic, political, commercial, charitable, educational, and cultural tools to promote respect by governments and peoples. (2) Because promotion protects human rights, advances democracy, and advances United States stability, security, and development interests, policy and diplomatic responses must evolve using expertise from national-security agencies, diplomatic services, other governmental agencies, and nongovernmental organizations, and must be coordinated and carried out across Federal agencies.
Congress makes the following findings:
The right to freedom of religion undergirds the very origin and existence of the United States. Many of our Nation’s founders fled religious persecution abroad, cherishing in their hearts and minds the ideal of religious freedom. They established in law, as a fundamental right and as a pillar of our Nation, the right to freedom of religion. From its birth to this day, the United States has prized this legacy of religious freedom and honored this heritage by standing for religious freedom and offering refuge to those suffering religious persecution.
Freedom of religious belief and practice is a universal human right and fundamental freedom articulated in numerous international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Helsinki Accords, the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief, the United Nations Charter, and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Article 18 of the Universal Declaration of Human Rights recognizes that “Everyone has the right to freedom of thought, conscience, and religion. This right includes freedom to change his religion 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.”. Article 18(1) of the International Covenant on Civil and Political Rights recognizes that “Everyone shall have the right to freedom of thought, conscience, and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice, and teaching”. The freedom of thought, conscience, and religion is understood to protect theistic and non-theistic beliefs and the right not to profess or practice any religion. Governments have the responsibility to protect the fundamental rights of their citizens and to pursue justice for all. Religious freedom is a fundamental right of every individual, regardless of race, sex, country, creed, or nationality, and should never be arbitrarily abridged by any government*.
The right to freedom of religion is under renewed and, in some cases, increasing assault in many countries around the world. More than one-half of the world’s population lives under regimes that severely restrict or prohibit the freedom of their citizens to study, believe, observe, and freely practice the religious faith of their choice. Religious believers and communities suffer both government-sponsored and government-tolerated violations of their rights to religious freedom. Among the many forms of such violations are state-sponsored slander campaigns, confiscations of property, desecration of cemeteries, surveillance by security police, including by special divisions of “religious police”, severe prohibitions against construction and repair of places of worship, denial of the right to assemble and relegation of religious communities to illegal status through arbitrary registration laws, prohibitions against the pursuit of education or public office*, and prohibitions against publishing, distributing, or possessing religious literature and materials. A policy or practice of routinely denying applications for visas for religious workers in a country can be indicative of a poor state of religious freedom in that country.
Even more abhorrent, religious believers in many countries face such severe and violent forms of religious persecution as detention, torture, beatings, forced marriage, rape, imprisonment, enslavement, mass resettlement, and death merely for the peaceful belief in, change of or practice of their faith. In many countries, religious believers are forced to meet secretly, and religious leaders are targeted by national security forces and hostile mobs.
Though not confined to a particular region or regime, religious persecution and the specific targeting of non-theists, humanists, and atheists because of their beliefs is often particularly widespread, systematic, and heinous under totalitarian governments and in countries with militant, politicized religious majorities and in regions where non-state actors exercise significant political power and territorial control.
Congress has recognized and denounced acts of religious persecution through the adoption of the following resolutions:
House Resolution 515 of the One Hundred Fourth Congress, expressing the sense of the House of Representatives with respect to the persecution of Christians worldwide.
Senate Concurrent Resolution 71 of the One Hundred Fourth Congress, expressing the sense of the Senate regarding persecution of Christians worldwide.
House Concurrent Resolution 102 of the One Hundred Fourth Congress, expressing the sense of the House of Representatives concerning the emancipation of the Iranian Baha’i community.
The following shall be the policy of the United States:
To condemn violations of religious freedom*, and to promote, and to assist other governments in the promotion of, the fundamental right to freedom of religion.
To seek to channel United States security and development assistance to governments other than those found to be engaged in gross violations of the right to freedom of religion, as set forth in the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], in the International Financial Institutions* Act of 1977, and in other formulations of United States human rights policy.
To be vigorous and flexible, reflecting both the unwavering commitment of the United States to religious freedom and the desire of the United States for the most effective and principled response, in light of the range of violations of religious freedom by a variety of persecuting regimes, and the status of the relations of the United States with different nations.
To work with foreign governments that affirm and protect religious freedom, in order to develop multilateral documents and initiatives to combat violations of religious freedom and promote the right to religious freedom abroad.
Standing for liberty and standing with the persecuted, to use and implement appropriate tools in the United States foreign policy apparatus, including diplomatic, political, commercial, charitable, educational, and cultural channels, to promote respect for religious freedom by all governments and peoples.
Because the promotion of international religious freedom protects human rights, advances democracy abroad, and advances United States interests in stability, security, and development globally, the promotion of international religious freedom requires new and evolving policies and diplomatic responses that—
are drawn from the expertise of the national security agencies, the diplomatic services, and other governmental agencies and nongovernmental organizations; and
are coordinated across and carried out by the entire range of Federal agencies.
Source credit: (Pub. L. 105–292, § 2, Oct. 27, 1998, 112 Stat. 2788; Pub. L. 113–154, § 2, Aug. 8, 2014, 128 Stat. 1827; Pub. L. 114–281, § 2(a), (b), Dec. 16, 2016, 130 Stat. 1426, 1427.)
- 1998Enacted · Pub. L. 105-292 · 112 Stat. 2788
- 2014Amended · Pub. L. 113-154 · 128 Stat. 1827
- 2016Amended · Pub. L. 114-281 · 130 Stat. 1426, 1427
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-292 on 1998-10-27.
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