FOR IMMEDIATE RELEASE
March 8, 2004

Contact:
Anne Johnson, Director of Communications, (202) 523-3240 (202) 523-3240, ext. 27

Permanent constitution should do no less

WASHINGTON - The U.S. Commission on International Religious Freedom (USCIRF) commends the signing of an interim constitution, the Transitional Administrative Law (TAL), for Iraq that includes a bill of rights guaranteeing each individual Iraqi a wide range of international protections, including freedom of thought, conscience, and religious belief and practice. The Commission notes that there was a substantial expansion in the articulation of rights from a narrow right of groups to worship in the draft TAL to the guarantee to every person freedom of thought, conscience, belief, and practice in the final version. This emphasis on individual freedom is unique for the region. These guarantees should not only be put into practice now, but also enshrined in Iraq's permanent constitution.

The Commission is concerned, however, by language in the Transitional Administrative Law requiring that legislation not be contrary to the "universally agreed upon tenets of Islam." This provision could be used by judges to abridge the internationally recognized human rights of political and social reformers, those voicing criticism of prevailing policies, religious minorities, women, or others. In some Islamic countries, such as Afghanistan and Pakistan, judges and other public officials have resorted to harsh interpretations of Islamic tenets as justification for abusing universal human rights, stifling public debate, and impeding democratic reforms.

"A future Iraq that respects the universal human rights of all Iraqis, including religious minorities and women, would contribute significantly to regional peace, stability, and progress. The U.S. government should in public remarks and private meetings use its influence to ensure the observance by Iraqi authorities of international norms of protection for individual rights as affirmed in the Universal Declaration of Human Rights. Iraq's permanent constitution should contain a statement that the principles of democracy, pluralism, rule of law, and Iraq's international obligations are to be fundamental sources for legislation," said USCIRF Chair Michael K. Young.

With such protections, the Iraqi people will have in place a better framework for managing the inevitable future debates on contentious issues involving the role of religion in their society, such as the rights of women regarding inheritance, marriage, and child custody. Without effective protections of fundamental rights and freedoms for each individual in Iraq, reformers could all too easily be the targets of unjust accusations of religious "crimes" such as apostasy and blasphemy, backed by the force of law.

Said Young, "U.S. policies and programs, both now and after the overturn of sovereignty, should be geared toward actively supporting those elements in Iraqi society that favor adherence to international standards of human rights. Democratic political parties, a vibrant civil society, and a free press and broadcast media are vitally important to sustaining human rights protections over the long term."

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.

FOR IMMEDIATE RELEASE
March 8, 2004

Contact:
Anne Johnson, Director of Communications, (202) 523-3240 (202) 523-3240 (202) 523-3240, ext. 27

Permanent constitution should do no less

WASHINGTON - The U.S. Commission on International Religious Freedom (USCIRF) commends the signing of an interim constitution, the Transitional Administrative Law (TAL), for Iraq that includes a bill of rights guaranteeing each individual Iraqi a wide range of international protections, including freedom of thought, conscience, and religious belief and practice. The Commission notes that there was a substantial expansion in the articulation of rights from a narrow right of groups to worship in the draft TAL to the guarantee to every person freedom of thought, conscience, belief, and practice in the final version. This emphasis on individual freedom is unique for the region. These guarantees should not only be put into practice now, but also enshrined in Iraq's permanent constitution.

The Commission is concerned, however, by language in the Transitional Administrative Law requiring that legislation not be contrary to the "universally agreed upon tenets of Islam." This provision could be used by judges to abridge the internationally recognized human rights of political and social reformers, those voicing criticism of prevailing policies, religious minorities, women, or others. In some Islamic countries, such as Afghanistan and Pakistan, judges and other public officials have resorted to harsh interpretations of Islamic tenets as justification for abusing universal human rights, stifling public debate, and impeding democratic reforms.

"A future Iraq that respects the universal human rights of all Iraqis, including religious minorities and women, would contribute significantly to regional peace, stability, and progress. The U.S. government should in public remarks and private meetings use its influence to ensure the observance by Iraqi authorities of international norms of protection for individual rights as affirmed in the Universal Declaration of Human Rights. Iraq's permanent constitution should contain a statement that the principles of democracy, pluralism, rule of law, and Iraq's international obligations are to be fundamental sources for legislation," said USCIRF Chair Michael K. Young.

With such protections, the Iraqi people will have in place a better framework for managing the inevitable future debates on contentious issues involving the role of religion in their society, such as the rights of women regarding inheritance, marriage, and child custody. Without effective protections of fundamental rights and freedoms for each individual in Iraq, reformers could all too easily be the targets of unjust accusations of religious "crimes" such as apostasy and blasphemy, backed by the force of law.

Said Young, "U.S. policies and programs, both now and after the overturn of sovereignty, should be geared toward actively supporting those elements in Iraqi society that favor adherence to international standards of human rights. Democratic political parties, a vibrant civil society, and a free press and broadcast media are vitally important to sustaining human rights protections over the long term."

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.

FOR IMMEDIATE RELEASE
March 3, 2004

Contact:
Anne Johnson, Director of Communications, (202) 523-3240, ext. 27

WASHINGTON - The U.S. Commission on International Religious Freedom (USCIRF) calls for the United States to introduce a resolution on China at the United Nations Commission on Human Rights in Geneva this month because the Chinese government is continuing to engage in particularly severe violations of human rights, including religious freedom. The USCIRF commends Congressman Chris Smith (R-NJ) and Congressman Tom Lantos (D-CA) for introducing and Congress for overwhelmingly passing House Resolution 530. Resolution 530 urges the U.S. government to take the lead in introducing and organizing multilateral support for a resolution at the 60th Session of the United Nations Commission on Human Rights calling on China to end its human rights violations and meet internationally recognized standards for human rights.

"The overwhelming vote by Congress is important because the Administration has yet to declare whether it will offer a China resolution at Geneva," said USCIRF Chairman Michael Young. "While U.S.-Chinese relations are advancing in other important areas, our dialogue on human rights is stagnant and they have yet to demonstrate a willingness to abide by international human rights norms."

Resolution 530 calls for the Government of the People's Republic of China to end its human rights violations in China and to allow the Chinese people to safely and openly practice their religious beliefs. The Resolution urges the Chinese government to stop its repression of all religious practitioners and safeguard fundamental human rights; stop the forced return of North Korean refugees; release from detention all prisoners of conscience, persons held because of their religious activities, and persons of humanitarian concern, including the 11th Panchen Lama; and allow, immediately and without restrictions, visits to China by the USCIRF.

As the legislation states, the Chinese government promised to permit a USCRIF trip to China without conditions as part of the 2002 U.S.-China Bilateral Human Rights Dialogue. The USCIRF attempted to travel to China twice in the past year but was thwarted in both attempts by unacceptable limits imposed by the Chinese government. The Commission recently visited Hong Kong, but continues to seek a visit to other regions of China as part of its mandate to study international religious freedom conditions and make policy recommendations to the Congress and the Administration.

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.