USCIRF Raises Alarm Over India’s Exclusionary Citizenship Amendment Act During Congressional Hearing

Washington, DC –The United States Commission on International Religious Freedom (USCIRF) raised the alarm on the Indian government’s notification of the Citizenship Amendment Rules (CAR) in a move to begin implementing the Citizenship (Amendment) Act (CAA). Last week, USCIRF Commissioner Stephen Schneck testified at a Tom Lantos Human Rights Commission hearing on this matter.

“The problematic CAA establishes a religious requirement for asylum seekers in India fleeing neighboring countries. While it provides a fast-track to citizenship for Hindus, Parsis, Sikhs, Buddhists, Jains and Christians, the law explicitly excludes Muslims. If the law were truly aimed at protecting persecuted religious minorities, it would include Rohingya Muslims from Burma, Ahmadiyya Muslims from Pakistan, or Hazara Shi’a from Afghanistan, among others. No one should be denied citizenship based on religion or belief,” said USCIRF Commissioner Stephen Schneck. “USCIRF urges members of Congress to continue to publicly call out religious freedom issues in India, and to include religious freedom in discussions with government counterparts and importantly, during congressional delegations.”

The newly announced rules confirm that those seeking Indian citizenship must prove they arrived in the country from Pakistan, Bangladesh, or Afghanistan before December 31, 2014, excluding those fleeing more recent acts of persecution. The announcement comes as the Indian government moves to deport refugees from Burma in the aftermath of the 2021 military coup. It also does not include citizenship for those fleeing non-Muslim majority nations, such as Tamil refugees from Sri Lanka and Uyghur and other Turkic Muslims from China. The CAA was initially passed in 2019; however, the Indian government delayed its implementation following large-scale, months-long protests across the country. The protests provoked a harsh and deadly crackdown by Indian police forces, including mass arrest of human rights activists from all faiths.

“As the State Department recently noted, respect for religious freedom and equal treatment under the law for all communities are fundamental democratic principles,” said USCIRF Commissioner David Curry. “More than four years after the CAA’s introduction, student activists like Umar Khalid, Sharjeel Imam, Meeran Haider, and many others still languish in jail under the Unlawful Activities Prevention Act for peacefully protesting. USCIRF urges the U.S. government to work with Indian authorities to release the human rights activists arbitrarily detained that advocated for religious minorities.”   

In its 2023 Annual Report, USCIRF recommended the U.S. Department of State designate India as a Country of Particular Concern for its systematic, ongoing, and egregious violations of religious freedom. In September 2023, USCIRF held a hearing on religious freedom in India and how the U.S. government can work with the Indian government to address violations. USCIRF previously published a factsheet on the CAA and its implications.

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The U.S. Commission on International Religious Freedom (USCIRF) is an independent, bipartisan federal government entity established by the U.S. Congress to monitor, analyze and report on religious freedom abroad. USCIRF makes foreign policy recommendations to the President, the Secretary of State and Congress intended to deter religious persecution and promote freedom of religion or belief. To interview a Commissioner, please contact USCIRF at [email protected].

USCIRF Urges for a Path Forward for Victims of Rohingya Genocide

Washington, DC – The United States Commission on International Religious Freedom (USCIRF) marks two years since the U.S. Department of State’s designation of genocide and crimes against humanity against Rohingya in Burma. In August 2017, the Burmese military, known as the Tatmadaw, committed atrocities against the predominantly Muslim Rohingya community. USCIRF urges the U.S. government to work with the international community to ensure any support for a post-coup Burma is contingent on the voluntary return and full repatriation of the Rohingya people.

“While the 2022 determination was a milestone in international recognition for the Rohingya people, it was only the first step. This week, we visited the United States Holocaust Memorial Museum’s exhibit on Burma’s Path to Genocide. The exhibit is a painful reminder that the dehumanization of the Rohingya people was a process that took decades, but started when the military revoked their citizenship,” said USCIRF Commissioner Mohamed Magid. “USCIRF welcomes the U.S. government’s efforts to aid Rohingya genocide survivors and the nations that have hosted these refugees, in particular Bangladesh. Even so, the United States needs to act as a beacon of hope by expanding options for Rohingya refugees to resettle in the United States.”

The Burmese military’s 2021 coup prevented efforts toward accountability and a pathway for the voluntary repatriation of over a million Rohingya refugees residing throughout the region. It has also further exposed the 500,000 Rohingya that remain in internally displaced camps within Burma to violence and abuse. Earlier this year, the military’s State Administration Council (SAC) began attempting to enlist Rohingya into military service, beating and abducting relatives of those who escaped conscription. Opposition groups such as the Nation Unity Government have pledged, if in power, to abolish the 1982 citizenship law excluding Rohingya from citizenship, and to repatriate and integrate those Rohingya who wish to return to Rakhine State. The United States has provided over $2.4 billion to assist the survivors of the genocide, including those who fled to Bangladesh. It has also imposed sanctions on individuals and entities responsible for the ongoing violence.

“The very military that perpetrated genocide against the Rohingya is now attempting to draft them into service, even without a path forward for citizenship after serving,” added USCIRF Commissioner Eric Ueland. “The Tatmadaw is running the country unchecked and chaotically. As outlined in the BURMA Act of 2022, the U.S. government must encourage the National Unity Government to incorporate accountability mechanisms for atrocities committed by the Burmese military against Rohingya.”

In its 2023 Annual Report, USCIRF recommended that the U.S. Department of State redesignate Burma as a Country of Particular Concern (CPC) for its systematic, ongoing, and egregious religious freedom violations. In January 2024, USCIRF held a hearing to discuss the use of technology and transnational influences affecting religious freedom in Southeast Asia. During this hearing, Commissioners and witnesses discussed the use of social media and digital surveillance by the Burmese military to target the Rohingya.

In 2022, USCIRF Commissioner Stephen Schneck led a delegation to Cox’s Bazar in Bangladesh. In an episode of USCIRF’s Spotlight Podcast, he shared his first-hand account of the Rohingya’s current conditions at the Bangladeshi refugee camps. On this trip, the delegation met with refugees, international organization officials, and members of the government of Bangladesh.

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The U.S. Commission on International Religious Freedom (USCIRF) is an independent, bipartisan federal government entity established by the U.S. Congress to monitor, analyze, and report on religious freedom abroad. USCIRF makes foreign policy recommendations to the President, the Secretary of State, and Congress intended to deter religious persecution and promote freedom of religion and belief. To interview a Commissioner, please contact USCIRF at [email protected].