Oct 4, 2005
FOR IMMEDIATE RELEASE
October 3, 2005
Contact:
Anne Johnson, Director of Communications, (202) 523-3240, ext. 27
WASHINGTON - The U.S. Commission on International Religious Freedom (USCIRF) has written to Attorney General Alberto Gonzales expressing its concern over the decision by the U.S. Court of Appeals for the Fifth Circuit in the case Li v. Gonzales, which involves an asylum claim by a Chinese Christian who organized an unregistered house church in China. The Fifth Circuit upheld a decision by the Board of Immigration Appeals overturning an Immigration Judge's decision to grant Mr. Li withholding of removal from the United States. The Fifth Circuit adopted the Justice Department's position that Mr. Li had been prosecuted for failing to register his church with the government, not persecuted on account of his religion. The Commission is deeply troubled by the potential impact of this decision and the positions advanced by the Department of Justice in the case, which we believe undermine the international leadership of the United States in protecting asylum seekers and advancing the right to freedom of religion or belief.
"The decision to deny Mr. Li protection is at odds with the positions advanced by the Administration and the State Department on conditions for freedom of religion in China and whether or not those conditions amount to violations of international human rights standards," said USCIRF Chair Michael Cromartie. "As a precedent, Li v. Gonzales will effectively provide a refuge from international law for those countries that criminalize ‘unregistered' religious activity. It will refuse refuge, however, to those who flee persecution from such countries."
The text of the letter follows:
Dear Mr. Attorney General:
I am writing on behalf of the United States Commission on International Religious Freedom. We would like to thank the Department of Justice for the recent meeting which was convened at our request by Assistant Attorney General Peter Keisler. At the meeting, Assistant Attorney General Keisler and his colleagues from the Departments of Justice and Homeland Security listened to our concerns regarding the recent Fifth Circuit decision inLi v. Gonzales. The Commission is deeply troubled by the potential impact of this decision and the positions advanced by the Department of Justice in that case, which we believe undermine the international leadership of the United States in protecting asylum seekers and advancing the right to freedom of religion or belief.
The Commission is an independent government agency which advises the President, the Secretary of State, and the Congress on matters relating to international religious freedom. The Commission has focused considerable attention on the situation in China, where the government has engaged in severe and systematic violations of freedom of religion or belief against members of virtually all religious communities, including Uighur Muslims, Tibetan Buddhists, underground Catholics, house church Protestants, and spiritual movements such as the Falun Gong.
As you are aware, the Commission recently completed a Congressionally authorized study on the treatment of asylum seekers in Expedited Removal proceedings. The Department of Justice has maintained a cooperative relationship with the Commission, and the Executive Office for Immigration Review has invited the Commission to participate in numerous trainings of immigration judges and attorneys at the Board of Immigration Appeals (BIA). The Commission has not previously taken a position on an individual asylum case, but is compelled as a matter of principle and precedent to do so now.
Li v. Gonzales involves an asylum claim by a Chinese Christian who organized an unregistered house church in China. For his role in this activity, Mr. Li was arrested, beaten and detained for five days, lost his job, was forced to clean public toilets without pay, and faced prosecution and - potentially - years of imprisonment. The Immigration Judge granted Mr. Li withholding of removal, having found that Mr. Li would "more likely than not" face persecution for his religion were he to return to China. The INS trial attorney appealed, and the BIA (in a 2 to 1 decision) reversed the Immigration Judge, and ordered Mr. Li removed. The Fifth Circuit upheld the decision by the Board. While the BIA and the Fifth Circuit found Mr. Li to be credible, they ordered him removed. They found that Mr. Li had been subject to prosecution for failing to register his church - which they distinguished from persecution on the basis of religion.
The Commission - which recently returned from China - is concerned with the increasing trend by China and other authoritarian governments to criminalize religious activity on the sole basis that the activity is not approved or the relevant religious organization registered by the government. Section 3 of the International Religious Freedom Act of 1998 explicitly defines arbitrary religious registration requirements as a "violation of the internationally recognized right to religious freedom." The President clearly shares this concern in China and has raised the issue on numerous occasions with the Chinese leadership.
Mr. Li is a case in point, and the decision to deny him protection is at odds with the positions advanced by the Administration and the State Department on conditions for freedom of religion in China and whether or not those conditions amount to violations of international human rights standards. As a precedent, Li v. Gonzales will effectively provide a refuge from international law for those countries that criminalize "unregistered" religious activity. It will refuse refuge, however, to those who flee persecution from such countries.
We have provided Assistant Attorney General Keisler with documentation of the human rights violations endured by those who belong to unregistered - as well as registered - churches in China. We look forward to continue working with the Department in addressing this important issue.
Sincerely,
Michael Cromartie
Chair
The U.S. Commission on International Religious Freedom was created by the International Religious Freedom Act of 1998 to monitor the status of freedom of thought, conscience, and religion or belief abroad, as defined in the Universal Declaration of Human Rights and related international instruments, and to give independent policy recommendations to the President, the Secretary of State and the Congress.
Michael Cromartie, Chair
- Felice D. Gaer, Vice Chair Nina Shea,Vice Chair Preeta D. BansalArchbishop Charles J. ChaputKhaled Abou El FadlRichard D. LandElizabeth H. ProdromouBishop Ricardo RamirezAmbassador John V. Hanford III, Ex-Officio Joseph R. Crapa, Executive Director
Sep 30, 2005
FOR IMMEDIATE RELEASE
September 30, 2005
Contact:
Anne Johnson, Director of Communications, (202) 523-3240 (202) 523-3240, ext. 27
WASHINGTON - The U.S. Commission on International Religious Freedom (USCIRF) expresses concern about a proposed amendment to the Constitution of Sri Lanka that has been put before the Sri Lankan Parliament. Put forward by the Jathika Hela Urumaya party of Buddhist nationalists and scheduled for a vote next Tuesday, October 4, the proposed 19thAmendment to the Constitution would make Buddhism the official religion of Sri Lanka. Of particular concern are other articles in the amendment that would violate the internationally guaranteed rights primarily of members of the majority Buddhist community as well as minority religious groups. The same amendment was proposed last year and found to be unconstitutional by Sri Lanka's Supreme Court.
"Passage of this amendment would jeopardize the rights of all Sri Lankan citizens as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights," said Commission Chair Michael Cromartie.
Article 9.1 of the proposed amendment states that "The Official Religion of the Republic is Buddhism. Other forms of religions and worship may be practiced in peace and harmony with Buddha Sasana." The establishment of one religious community as a country's official religion is permitted under international standards for freedom of religion or belief, and thus is not, in and of itself, problematic. However, such a development can become of concern when, as a consequence, there is the discriminatory or unjust treatment of individual members of that officially sanctioned group, any other religious groups, or non-believers. The UN Human Rights Committee has stated that "the fact that a religion is recognized as a state religion...shall not result in any impairment of the enjoyment of any of the rights under the [International Covenant on Civil and Political Rights (ICCPR)], nor in any discrimination against adherents of other religions or non-believers."
The Commission has previously noted the increase in recent years of violence against institutions and individuals belonging to religious minority groups in Sri Lanka, reportedly carried out or inspired by members of Buddhist nationalist groups, and the inadequate government response to that violence. Against that backdrop, the vague wording of the second clause of article 9.1 presents cause for potential concern because it leaves subject to interpretation what precisely constitutes practicing "in peace and harmony" with the Buddhist community, which would under the amendment enjoy a constitutionally privileged status.
Two articles in the proposed amendment are particularly troubling. Article 9.4 requires that the inhabitants of Sri Lanka "professing Buddhism are bound to bring up their children in the same"; Article 9.5 states that it is prohibited to convert "a Buddhist into other forms of worship or to spread other forms of worship among the Buddhists." Both of these articles are in clear violation of international standards with regard to freedom of religion or belief.
Article 18 of the ICCPR states that signatory states must "respect the liberty of parents...to ensure the religious and moral education of their children in conformity with their own convictions." Article 18 of the UDHR states that the right to freedom of thought, conscience, and religion "includes freedom to change...religion or belief, and freedom, either alone or in community with others and in public or private, to manifest...religion or belief in teaching, practice, worship, and observance."
If this amendment were to pass, these rights of individuals of the majority Buddhist community would be directly threatened, as their internationally guaranteed rights as outlined in the above documents would be abrogated.
"A traditional religion is not protected by violating the rights of its adherents. The voices of extremism in Sri Lanka should not be emboldened through the passage of this anti-democratic amendment," said Cromartie." "The Commission calls on the U.S. government to make every effort to urge the government of Sri Lanka not to alter its constitution in such a way that puts it in violation of its international obligations."
The Commission has in the past raised concerns about proposed legislation restricting religious conversions in Sri Lanka, legislation that would have fallen short of international standards with regard to freedom of religion or belief. The Commission has urged all the parties involved in these issues to work together to restore a climate of religious tolerance in Sri Lanka and expressed the hope that the Sri Lankan government would pass laws that are consistent with international standards.
The U.S. Commission on International Religious Freedom was created by the International Religious Freedom Act of 1998 to monitor the status of freedom of thought, conscience, and religion or belief abroad, as defined in the Universal Declaration of Human Rights and related international instruments, and to give independent policy recommendations to the President, the Secretary of State and the Congress.
Michael Cromartie,Chair
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Sep 30, 2005
FOR IMMEDIATE RELEASE
September 30, 2005
Contact:
Anne Johnson, Director of Communications, (202) 523-3240
WASHINGTON - The U.S. Commission on International Religious Freedom (USCIRF) welcomes the U.S. State Department's announcement of decisions on three serious religious freedom violators, Saudi Arabia, Vietnam, and Eritrea, in fulfillment of statutory obligations outlined in the International Religious Freedom Act of 1998 (IRFA). Last year, the Department of State for the first time named these three countries "countries of particular concern," or CPCs for the severe and ongoing violations of freedom of thought, conscience, and religion or belief perpetrated by their governments.
In order that the promotion of religious freedom is a consistent part of U.S. foreign policy, IRFA requires the U.S. government to take steps in response to the CPC designation. In view of the religious freedom violations perpetrated by the government of Eritrea, the State Department has announced the "denial of commercial export to Eritrea of any defense articles and services controlled under the Arms Control Export Act," with some items excepted. On Vietnam, the Department referred to last May's conclusion of a binding agreement with the Vietnamese government to work towards improvements in religious freedom conditions in that country. With regard to Saudi Arabia, the Secretary of State authorized a 180-day waiver of action "in order to allow additional time for the continuation of discussions leading to progress on important religious freedom issues."
"Though the response to the new CPC designations comes well past the deadline of March 15, the Commission welcomes the announcement of the action on Eritrea, the imposition of the first unique sanction to be taken under IRFA," said Commission Chair Michael Cromartie. Despite efforts by the U.S. government to engage the government of Eritrea, the already poor religious freedom situation has deteriorated. "The imposition of export controls demonstrates the seriousness with which the United States views the violations," Cromartie said.
The CPC designation of Vietnam has allowed our two countries to talk seriously about religious freedom concerns, several of which are addressed in the binding agreement. "Nevertheless," Cromartie said, "it remains to be seen if the promises made in the agreement will be met with measurable and durable improvements in the situation in Vietnam. Reports of serious violations continue."
The Commission applauded the designation of Saudi Arabia as a CPC in September 2004. However, in the absence of real progress in Saudi Arabia over the past year, the Commission believes that the U.S. government should use the 180-day extension to directly engage the Saudi government to achieve demonstrable progress by the end of that period of time. In the absence of such progress to date, the Commission has made recommendations for U.S. government action in accordance with IRFA. These remain appropriate and include:
- order the heads of appropriate U.S. agencies, pursuant to section 405(a)(13) of IRFA, not to issue any specific licenses or grant any other specific authority for the export of any item on the U.S. Commerce Control List of dual-use items to any Saudi agency responsible for committing particularly severe violations of religious freedom;
- identify and render inadmissible for entry into the United States any Saudi government official who was responsible for or directly carried out religious freedom violations, as outlined in section 604 of IRFA; and
- issue a proclamation, under the President's authority pursuant to section 212(f) of the Immigration and Nationality Act (8 USC 1182(f)), to bar those Saudi government officials from entering the United States who have been responsible for propagating globally an ideology that explicitly promotes hate, intolerance, and human rights violations.
The Commission notes that the Department did not invoke a national interest waiver on Saudi Arabia. This allows for more options in the future to respond to religious freedom violations. "We hope that genuine progress will be made in Saudi Arabia to justify the course of action taken by the Department, particularly in light of a senior State Department official's important public comments in Saudi Arabia this week expressing concern about intolerant literature in American mosques traced to the Saudi government and the official's call for the Saudi government to ‘find room to respect people of different faiths and different faith traditions'," Cromartie said. "We also would encourage the State Department to consult with Congress and other parts of the U.S. government during its discussions with the Saudis, and to make any agreement reached with the Saudi government public in the interest of the accountability that results from transparency."
The Commission urges the U.S. government to see the responses announced last week only as the first steps in a long-term process of focused diplomatic activity on behalf of freedom of religion or belief in Eritrea, Saudi Arabia, and Vietnam. Until the governments of these countries respond by ending severe violations, CPC status for all three should be maintained.
The U.S. Commission on International Religious Freedom was created by the International Religious Freedom Act of 1998 to monitor the status of freedom of thought, conscience, and religion or belief abroad, as defined in the Universal Declaration of Human Rights and related international instruments, and to give independent policy recommendations to the President, the Secretary of State and the Congress.
Michael Cromartie,Chair
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