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World Affairs Journal essay: Sudan's Continuing War on Religious Freedom
March 20, 2012
Mar 20, 2012 sf9990"
Why are U.S. Mayors and Governors Apologizing to China?
December 16, 1999
Dec 16, 1999 FOR IMMEDIATE RELEASE Dec. 15, 1999 Contact: Lawrence J. Goodrich, Communications Director, (202) 523-3240 The U. S. Commission on International Religious Freedom today deplored apologies to the Chinese government by American mayors and governors for earlier proclamations honoring the Falun Gong spiritual movement and its founder, Li Hongzhi. According to press reports, officials in Seattle, Baltimore, San Francisco, and the state of Maryland, under pressure from the Chinese ambassador to the United States, have either rescinded their own proclamations or, in one case, offered a "humblest and most sincere apology" for giving offense. Falun Gong is a spiritual movement combining traditional Chinese exercise with elements of Buddhism and Taoism. The Chinese authorities have banned the movement, claiming it is a dangerous cult, and detained thousands of Falun Gong practitioners. At least several hundred are still detained in jail or labor camps, while several leaders have been sentenced to long prison terms. At least one Falun Gong practitioner was reported beaten to death by provincial police. The State Department identified China as a "country of particular concern" under the International Religious Freedom Act of 1998 for Beijing's suppression of Falun Gong as well as Tibetan Buddhists, Protestant and Roman Catholic Christians, and Muslim Uighurs. Under the act, President Clinton extended for two years a ban on U.S. exports of crime-fighting and crime-detection equipment to China. The President has also publicly criticized the crackdown on Falun Gong. "It's an outrage for U.S. mayors and governors to kowtow to the Chinese government and its slanderous campaign against what all evidence indicates is a peaceful spiritual movement," said Rabbi David Saperstein, the Commission's chairman. "There are thousands of Falun Gong practitioners in the United States and its founder now lives here. Since when do the objections of the Chinese ambassador trump our nation's commitment to religious freedom as a fundamental right and its concomitant opposition to religious persecution?" 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."        Rabbi David Saperstein,Chair
  • Dean Michael K. Young,Vice Chair Hon. Elliott Abrams, Laila Al-Marayati, M.D.Hon. John R. Bolton, Firuz Kazemzadeh, Archbishop Theodore E. McCarrick, Nina Shea, Justice Charles Z. Smith, Ambassador Robert Seiple, Ex-Officio Steven T. McFarland, Executive Director
Washingtonpost.com Online Discussion: Iraq Constitution
August 10, 2005
Aug 10, 2005 FOR IMMEDIATE RELEASE August 9, 2005 Contact: Anne Johnson, Director of Communications, (202) 523-3240 (202) 523-3240, ext. 27 The Washington Post August 9, 2005 Religious Freedom in Iraq With Preeta D. Bansal and Robert Blitt Will religious freedom be protected under the new Iraqi constitution? Preeta Bansal , attorney and a commissioner of the U.S. Commission on International Religious Freedom, and Robert Blitt , international law specialist and senior policy adviser for Iraq at the U.S. Commission on International Religious Freedom, think that the current draft of the Iraqi constitution predominantly casts a shadow over religious freedom. They fear that too much legal authority is being placed under Islamic law. How should religion be protected in Iraq? What scale should be used to balance religious freedom and legal authority? And how should the Iraqi constitution be rewritten to protect religious differences? Robert Blitt and Preeta Bansal were online on Tuesday, Aug. 9 at 2 p.m. ET to discuss human rights and religious freedom in the Iraqi constitution. The transcript follows. ____________________ Preeta Bansal: Thank you for joining us. The U.S. Commission on International Religious Freedom is a bipartisan independent federal agency created by Congress in 1998 to give advice to the President, Secretary of State, and Congress about how best to promote the freedom of thought, conscience, and religion or belief abroad, as those freedoms are defined in the international human rights instruments. Our Commissioners are appointed by the Senate, House of Representatives, and the White House, and we are assisted by a permanent staff in Washington. We have been concerned about the fact that while the United States has fought a war in Iraq at considerable cost of blood and treasure, the Iraqi constitutional drafting committee may well be on its way toward establishing an Iran-like judicial theocracy in Iraq. We believe that, at this stage of our engagement, the United States and the international community must act to ensure that democracy and freedom are supported in Iraq through its constitution as well as other measures. This is essential for regional security as well as for human rights. We look forward to your questions. _______________________ Colorado: While this country embraces a separation of church and state, other Western nations (most notably, Great Britain) do not. Is this vital to a successful democracy in Iraq or a successful democracy period? Preeta Bansal: The international legal instruments, including the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights (ICCPR), to both of which Iraq is party, do not disallow a state from adopting or establishing a particular religion as official or traditional. These instruments do, however, prohibit a state from discriminating against or impairing any rights of non-believers or adherents of other religions. Unfortunately, the drafts of the Iraqi constitution that are circulating would go far beyond establishing Islam as the official religion of the state (which is allowed). The drafts have Islamic law principles pervade numerous aspects of the Bill of Rights, and even make the individual rights guarantees in the constitution subject to (and able to be superseded by) Islamic law -- and so the rights guarantees for non-Muslims and non-believers (and even for Muslim believers who do not subscribe to the majority sect or the state-imposed version of Islam) could be impaired by official interpretations of Islam. This is contrary to the requirements of international law, and certainly would undermine a successful democracy in Iraq by chilling rights of expression, political debate and dissent, individual thought, and full participation in political and public life by all Iraqis. Robert Blitt: A study recently released by the Commission addresses the state of play with respect to religion in the constitutions of 44 Muslim countries. This study sets also out the international standards with respect to freedom of religion and related rights, including equality and nondiscrimination. The study, in English and Arabic, is available for free download from the Commission's Web site, The U.S. Commission on International Religious Freedom _______________________ Paris, France: Has the Commission been to Iraq? Are you working directly with Iraqis or just with policy makers in Washington? Robert Blitt: The Commission has benefited from numerous and ongoing interactions with Iraqis, including: meetings with senior Iraqi officials at the International Conference on Iraq in Brussels, meetings with Iraqi civil society leadership in Jordan, and meetings with leadership from various Iraqi minority groups, also in Jordan. These sessions have included Commissioner-level meetings with members of Iraq's constitution drafting committee, political party leaders, and government ministers. In addition, to these meetings, the Commission maintains ongoing communications with various concerned organizations and individuals, including: the United Nations, U.S. contractors, women's groups, and religious and ethnic minority groups, based in Iraq, the U.S., and elsewhere. Because the Commission is a U.S. government entity created by Congress and funded entirely by the federal government, any official travel undertaken must be done in coordination with the Department of State. The Commission has previously submitted a request to travel to Iraq for meetings on the ground, and is awaiting approval of this request from State. Preeta Bansal: I would simply add that we met in Washington with newly appointed U.S. Ambassador to Iraq, Zalmay Khalilzad, a few weeks ago before he arrived in Baghdad. He indicated that he would welcome a visit by our Commission to meet with Iraqi leaders in Baghdad at an appropriate stage in the process, and depending on security concerns. Now that he is on the ground there, and a draft constitution presumably will be produced for the political consultative stages, we hope to get further about the possibility. _______________________ New York, N.Y.: How significant a role do the majority of Iraqi leaders, and the Iraqi population, want Islamic law to play in their constitution? Is it even possible to create a constitution for Iraq that considers both Church and State? This hasn't seemed to work for Israel, how will it work for Iraq? Robert Blitt: According to recent public opinion polls undertaken in Iraq, a majority of Iraqis support a role for Islam in the constitution. However, these polls do not address whether the population has a good handle on what the implications for such a role might be. Moreover, the same polls indicate that a majority of Iraqis support human rights guarantees in the permanent constitution, including freedom of religion, support for minority rights, and the rights of women, including a quota for women in the Iraqi parliament. Another survey recently undertaken as part of the UN's Arab Human Development Report confirms support for basic human rights, including freedom of religion, within a host of Arab countries. It is possible to balance mosque/state relations, as reflected in current constitution text in a number of Muslim countries. The Commission's recent study of Muslim constitutions demonstrates that nearly half the world's Muslim population is able to practice their faith in countries that are declared secular or in countries that make no declaration with respect to a state religion. Some Muslim states declare Islam as a state religion and also allow for freedom of religion at the same time. Accordingly, there is nothing inherently incompatible between Islam and a state that respects human rights. _______________________ Adams Morgan: Do the majority of Iraqis actually want religious freedom as we practice it in America? If there was "true" democracy in Iraq, and the rest of the Middle East for that matter, wouldn't most nations be Islamist theocratic nations? Preeta Bansal: As Robert indicated in his answer to the question above, most Iraqis in polling have suggested that they want basic human rights protection and the freedom to practice their faith in the manner they deem correct. The task for the constitutional drafting commission in Iraq is to support a long-term constitutional democracy -- not just to support the short-term preferences of particular groups of individuals. That means that the structures will have to be created whereby individuals will have the rights to think, speak, and debate and dissent. Ensuring the freedom of thought, conscience and religion or belief is a key component of that. Even within an Islamic state, those freedoms should be possible -- as evidenced by our survey of the constitutions of the 44 predominantly Muslim countries in the world. We do not advocate the imposition of American-style religious freedom; we advocate the inclusion of religious freedom as that is defined in the international legal instruments to which Iraq is party. _______________________ Munich, Germany: I read a while back that liquor stores in Baghdad, which were owned and run predominantly by Iraqi Christians and patronized by Iraqis of all religious denominations, have been forced to close shop through intimidation and vandalism. Is this a sign that religious tolerance is a thing of the past in Iraq for most Iraqis? Preeta Bansal: I think it's a decent sign both of the security issues plaguing Iraqis in general, as well as a sign that religious tension and conflict indeed have exacerbated. We such rising religious tension also in the flight of the non-Muslim communities from Iraq (e.g., Chaldo Assyrians, Mandaeans, and others), the bombing of ancient Christian churches in Iraq, and the ever-widening chasm and violence between Sunni and Shi'a Muslim communities. Robert Blitt: I would just add to Preeta's comments that the warning signs of religious intolerance run deeper than the shuttering of liquor stores: there have been numerous reports that women - Muslim as well as non-Muslim -- are being compelled to wear the veil against their will, some university campuses are being forced to use separate entrances for men and women, non-Muslims are being forced to renounce their faith, and even barbers are being targeted for assassination as a consequence of offering to shave beards or give "western" haircuts. These attacks are directed against all of the Iraqi people, non-Muslims and Muslims alike. The Commission believes that the drafting of a permanent constitution provides an unprecedented opportunity to guarantee individual human rights for all Iraqis, and to create a positive foundation upon which the country can move forward. _______________________ New York, NY: Do you think that the new Iraqi constitution should look just like the one in the United States? If most Iraqis are Muslim, shouldn't they be able to create a constitution that reflects their religious culture? Preeta Bansal: The Iraqi constitution does not need to look like the United States' constitution. It should reflect Iraq's international human rights obligations, though, to which Iraq has acceded. Iraqis should be able to define their state as Muslim or predominantly Muslim, but, in accordance with international law, they must also ensure freedom of thought, conscience, and religion or belief for all individuals (Muslim as well as non-Muslim). I should also add that our concern for religious freedom is not meant solely for religious minorities in Iraq. It is meant also for the predominantly Muslim population. With religious freedom, individual Muslims are free to practice their faith as they see fit, and may debate and dissent from state-imposed orthodoxies. This is essential to provide the political breathing space necessary for alternative (and possibly more moderate) strands of Islam to emerge. Otherwise you have the real risk that a handful of hard-line clerics will determine the meaning of Islam for all Iraqis, rather than the Iraqis themselves. _______________________ Detroit, Mi.: What is the Commission and what does it do? How does it look at religious freedom in the United States? Robert Blitt: 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. Preeta Bansal: Our mandate does not extend to issues of religious freedom within the United States (our judicial system does that). Rather, we advise about U.S. foreign policy, and try to ensure that international human rights guarantees related to freedom of religion or belief are incorporated within that foreign policy framework. _______________________ Wheaton, Md.: The issue of religious freedom was rejected when the drafters of the constitution sited "Islam as a source of law." By attempting to appease terrorists with this clause, the government of Iraq made all non-Muslims second class citizens. Preeta Bansal: The drafts of the constitution currently circulating reject religious freedom in a number of ways: (1) they make Islam not only "a source" of law, but the "basic source of legislation" -- and do not mention other possible sources, such as international human rights obligations (as do many other Muslim countries' constitutions), or the bill of rights guarantees in the constitution itself; (2) they provide that several members of the constitutional court may be shari'a jurists, with no training in civil law -- thus putting the Iraqi judiciary in the company of Iran, Saudi Arabia, Afghanistan and Pakistan; (3) they provide that no law may be enacted which opposes the principles and rules of Islam, thus putting in the hands of the constitutional court (shari'a) jurists the final authority of determining whether legislation may be enacted; and(4) they provide that most of the bill of rights guarantees -- such as the freedom of religion or the freedom of speech -- may be curtailed by ordinary law. _______________________ Washington, D.C.: What is the best way to constitutionally protect Islamic interests and religious freedom for all in the same document? How might a constitution be crafted so as to ensure Muslims that they may influence their destiny (chose to live under and be governed by Islamic law if they so choose) without Islamic law dominating their constitution? Robert Blitt: The Shi'a majority in Iraq has, after years of oppression under Saddam's regime, been given the opportunity to lead the political process. This opportunity should not be squandered by losing sight of Iraq's multiethnic and multi-religious heritage, especially during the drafting of the permanent constitution. By protecting individual human rights for all Iraqis in this document, the interests of Muslims will necessarily be protected under the umbrella of individual human rights. In addition, as noted, under certain conditions, a state can declare an official religion under international law. As well, the Transitional Administrative Law, or TAL, demonstrated that sharia, or Islamic law, can be balanced as "a source of legislation" by including human rights as a source, and also by ensuring that no interpretation of sharia is permitted that would be counter to recognized human rights. Iraq is a signatory to the International Covenant on Civil and Political Rights, as well as other international treaties, and accordingly, Iraqis, both drafting and approving the constitution, should be informed about the nature and content of those treaties. _______________________ Adams Morgan: Is it perhaps a bit naive to expect Iraq, and other newly Democratic nations like it, to smoothly transition to a government in which all religious ideas and thought are respected? In America, anti-orthodox thought was rejected for centuries, and we are still having issues allowing true freedom of religion, right? Preeta Bansal: It's fair to say that these issues will always continue to be worked out in every society over time. But the United States, for better or worse, has had a big role in the formation of a new Iraqi state. The values that are ultimately enshrined in its constitution -- even if not able to be fully implemented immediately in practice -- are therefore nevertheless important issues of our concern. Otherwise our country will have played a huge role in establishing a theocratic Islamic state in the heart of the Middle East. _______________________ Robert Blitt: Thanks for your questions. Please log in to our Web site for further information, The U.S. Commission on International Religious Freedom _______________________ Editor's Note: Washingtonpost.com moderators retain editorial control over Live Online discussions and choose the most relevant questions for guests and hosts; guests and hosts can decline to answer questions. ©2005Washingtonpost.Newsweek Interactive
Washingtonpost.com Online Discussion: Iraq Constitution
August 09, 2005
Aug 9, 2005 FOR IMMEDIATE RELEASE August 9, 2005 Contact: Anne Johnson, Director of Communications, (202) 523-3240 (202) 523-3240, ext. 27 The Washington Post August 9, 2005 Religious Freedom in Iraq With Preeta D. Bansal and Robert Blitt Will religious freedom be protected under the new Iraqi constitution? Preeta Bansal , attorney and a commissioner of the U.S. Commission on International Religious Freedom, and Robert Blitt , international law specialist and senior policy adviser for Iraq at the U.S. Commission on International Religious Freedom, think that the current draft of the Iraqi constitution predominantly casts a shadow over religious freedom. They fear that too much legal authority is being placed under Islamic law. How should religion be protected in Iraq? What scale should be used to balance religious freedom and legal authority? And how should the Iraqi constitution be rewritten to protect religious differences? Robert Blitt and Preeta Bansal were online on Tuesday, Aug. 9 at 2 p.m. ET to discuss human rights and religious freedom in the Iraqi constitution. The transcript follows. ____________________ Preeta Bansal: Thank you for joining us. The U.S. Commission on International Religious Freedom is a bipartisan independent federal agency created by Congress in 1998 to give advice to the President, Secretary of State, and Congress about how best to promote the freedom of thought, conscience, and religion or belief abroad, as those freedoms are defined in the international human rights instruments. Our Commissioners are appointed by the Senate, House of Representatives, and the White House, and we are assisted by a permanent staff in Washington. We have been concerned about the fact that while the United States has fought a war in Iraq at considerable cost of blood and treasure, the Iraqi constitutional drafting committee may well be on its way toward establishing an Iran-like judicial theocracy in Iraq. We believe that, at this stage of our engagement, the United States and the international community must act to ensure that democracy and freedom are supported in Iraq through its constitution as well as other measures. This is essential for regional security as well as for human rights. We look forward to your questions. _______________________ Colorado: While this country embraces a separation of church and state, other Western nations (most notably, Great Britain) do not. Is this vital to a successful democracy in Iraq or a successful democracy period? Preeta Bansal: The international legal instruments, including the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights (ICCPR), to both of which Iraq is party, do not disallow a state from adopting or establishing a particular religion as official or traditional. These instruments do, however, prohibit a state from discriminating against or impairing any rights of non-believers or adherents of other religions. Unfortunately, the drafts of the Iraqi constitution that are circulating would go far beyond establishing Islam as the official religion of the state (which is allowed). The drafts have Islamic law principles pervade numerous aspects of the Bill of Rights, and even make the individual rights guarantees in the constitution subject to (and able to be superseded by) Islamic law -- and so the rights guarantees for non-Muslims and non-believers (and even for Muslim believers who do not subscribe to the majority sect or the state-imposed version of Islam) could be impaired by official interpretations of Islam. This is contrary to the requirements of international law, and certainly would undermine a successful democracy in Iraq by chilling rights of expression, political debate and dissent, individual thought, and full participation in political and public life by all Iraqis. Robert Blitt: A study recently released by the Commission addresses the state of play with respect to religion in the constitutions of 44 Muslim countries. This study sets also out the international standards with respect to freedom of religion and related rights, including equality and nondiscrimination. The study, in English and Arabic, is available for free download from the Commission's Web site, The U.S. Commission on International Religious Freedom _______________________ Paris, France: Has the Commission been to Iraq? Are you working directly with Iraqis or just with policy makers in Washington? Robert Blitt: The Commission has benefited from numerous and ongoing interactions with Iraqis, including: meetings with senior Iraqi officials at the International Conference on Iraq in Brussels, meetings with Iraqi civil society leadership in Jordan, and meetings with leadership from various Iraqi minority groups, also in Jordan. These sessions have included Commissioner-level meetings with members of Iraq's constitution drafting committee, political party leaders, and government ministers. In addition, to these meetings, the Commission maintains ongoing communications with various concerned organizations and individuals, including: the United Nations, U.S. contractors, women's groups, and religious and ethnic minority groups, based in Iraq, the U.S., and elsewhere. Because the Commission is a U.S. government entity created by Congress and funded entirely by the federal government, any official travel undertaken must be done in coordination with the Department of State. The Commission has previously submitted a request to travel to Iraq for meetings on the ground, and is awaiting approval of this request from State. Preeta Bansal: I would simply add that we met in Washington with newly appointed U.S. Ambassador to Iraq, Zalmay Khalilzad, a few weeks ago before he arrived in Baghdad. He indicated that he would welcome a visit by our Commission to meet with Iraqi leaders in Baghdad at an appropriate stage in the process, and depending on security concerns. Now that he is on the ground there, and a draft constitution presumably will be produced for the political consultative stages, we hope to get further about the possibility. _______________________ New York, N.Y.: How significant a role do the majority of Iraqi leaders, and the Iraqi population, want Islamic law to play in their constitution? Is it even possible to create a constitution for Iraq that considers both Church and State? This hasn't seemed to work for Israel, how will it work for Iraq? Robert Blitt: According to recent public opinion polls undertaken in Iraq, a majority of Iraqis support a role for Islam in the constitution. However, these polls do not address whether the population has a good handle on what the implications for such a role might be. Moreover, the same polls indicate that a majority of Iraqis support human rights guarantees in the permanent constitution, including freedom of religion, support for minority rights, and the rights of women, including a quota for women in the Iraqi parliament. Another survey recently undertaken as part of the UN's Arab Human Development Report confirms support for basic human rights, including freedom of religion, within a host of Arab countries. It is possible to balance mosque/state relations, as reflected in current constitution text in a number of Muslim countries. The Commission's recent study of Muslim constitutions demonstrates that nearly half the world's Muslim population is able to practice their faith in countries that are declared secular or in countries that make no declaration with respect to a state religion. Some Muslim states declare Islam as a state religion and also allow for freedom of religion at the same time. Accordingly, there is nothing inherently incompatible between Islam and a state that respects human rights. _______________________ Adams Morgan: Do the majority of Iraqis actually want religious freedom as we practice it in America? If there was "true" democracy in Iraq, and the rest of the Middle East for that matter, wouldn't most nations be Islamist theocratic nations? Preeta Bansal: As Robert indicated in his answer to the question above, most Iraqis in polling have suggested that they want basic human rights protection and the freedom to practice their faith in the manner they deem correct. The task for the constitutional drafting commission in Iraq is to support a long-term constitutional democracy -- not just to support the short-term preferences of particular groups of individuals. That means that the structures will have to be created whereby individuals will have the rights to think, speak, and debate and dissent. Ensuring the freedom of thought, conscience and religion or belief is a key component of that. Even within an Islamic state, those freedoms should be possible -- as evidenced by our survey of the constitutions of the 44 predominantly Muslim countries in the world. We do not advocate the imposition of American-style religious freedom; we advocate the inclusion of religious freedom as that is defined in the international legal instruments to which Iraq is party. _______________________ Munich, Germany: I read a while back that liquor stores in Baghdad, which were owned and run predominantly by Iraqi Christians and patronized by Iraqis of all religious denominations, have been forced to close shop through intimidation and vandalism. Is this a sign that religious tolerance is a thing of the past in Iraq for most Iraqis? Preeta Bansal: I think it's a decent sign both of the security issues plaguing Iraqis in general, as well as a sign that religious tension and conflict indeed have exacerbated. We such rising religious tension also in the flight of the non-Muslim communities from Iraq (e.g., Chaldo Assyrians, Mandaeans, and others), the bombing of ancient Christian churches in Iraq, and the ever-widening chasm and violence between Sunni and Shi'a Muslim communities. Robert Blitt: I would just add to Preeta's comments that the warning signs of religious intolerance run deeper than the shuttering of liquor stores: there have been numerous reports that women - Muslim as well as non-Muslim -- are being compelled to wear the veil against their will, some university campuses are being forced to use separate entrances for men and women, non-Muslims are being forced to renounce their faith, and even barbers are being targeted for assassination as a consequence of offering to shave beards or give "western" haircuts. These attacks are directed against all of the Iraqi people, non-Muslims and Muslims alike. The Commission believes that the drafting of a permanent constitution provides an unprecedented opportunity to guarantee individual human rights for all Iraqis, and to create a positive foundation upon which the country can move forward. _______________________ New York, NY: Do you think that the new Iraqi constitution should look just like the one in the United States? If most Iraqis are Muslim, shouldn't they be able to create a constitution that reflects their religious culture? Preeta Bansal: The Iraqi constitution does not need to look like the United States' constitution. It should reflect Iraq's international human rights obligations, though, to which Iraq has acceded. Iraqis should be able to define their state as Muslim or predominantly Muslim, but, in accordance with international law, they must also ensure freedom of thought, conscience, and religion or belief for all individuals (Muslim as well as non-Muslim). I should also add that our concern for religious freedom is not meant solely for religious minorities in Iraq. It is meant also for the predominantly Muslim population. With religious freedom, individual Muslims are free to practice their faith as they see fit, and may debate and dissent from state-imposed orthodoxies. This is essential to provide the political breathing space necessary for alternative (and possibly more moderate) strands of Islam to emerge. Otherwise you have the real risk that a handful of hard-line clerics will determine the meaning of Islam for all Iraqis, rather than the Iraqis themselves. _______________________ Detroit, Mi.: What is the Commission and what does it do? How does it look at religious freedom in the United States? Robert Blitt: 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. Preeta Bansal: Our mandate does not extend to issues of religious freedom within the United States (our judicial system does that). Rather, we advise about U.S. foreign policy, and try to ensure that international human rights guarantees related to freedom of religion or belief are incorporated within that foreign policy framework. _______________________ Wheaton, Md.: The issue of religious freedom was rejected when the drafters of the constitution sited "Islam as a source of law." By attempting to appease terrorists with this clause, the government of Iraq made all non-Muslims second class citizens. Preeta Bansal: The drafts of the constitution currently circulating reject religious freedom in a number of ways: (1) they make Islam not only "a source" of law, but the "basic source of legislation" -- and do not mention other possible sources, such as international human rights obligations (as do many other Muslim countries' constitutions), or the bill of rights guarantees in the constitution itself; (2) they provide that several members of the constitutional court may be shari'a jurists, with no training in civil law -- thus putting the Iraqi judiciary in the company of Iran, Saudi Arabia, Afghanistan and Pakistan; (3) they provide that no law may be enacted which opposes the principles and rules of Islam, thus putting in the hands of the constitutional court (shari'a) jurists the final authority of determining whether legislation may be enacted; and(4) they provide that most of the bill of rights guarantees -- such as the freedom of religion or the freedom of speech -- may be curtailed by ordinary law. _______________________ Washington, D.C.: What is the best way to constitutionally protect Islamic interests and religious freedom for all in the same document? How might a constitution be crafted so as to ensure Muslims that they may influence their destiny (chose to live under and be governed by Islamic law if they so choose) without Islamic law dominating their constitution? Robert Blitt: The Shi'a majority in Iraq has, after years of oppression under Saddam's regime, been given the opportunity to lead the political process. This opportunity should not be squandered by losing sight of Iraq's multiethnic and multi-religious heritage, especially during the drafting of the permanent constitution. By protecting individual human rights for all Iraqis in this document, the interests of Muslims will necessarily be protected under the umbrella of individual human rights. In addition, as noted, under certain conditions, a state can declare an official religion under international law. As well, the Transitional Administrative Law, or TAL, demonstrated that sharia, or Islamic law, can be balanced as "a source of legislation" by including human rights as a source, and also by ensuring that no interpretation of sharia is permitted that would be counter to recognized human rights. Iraq is a signatory to the International Covenant on Civil and Political Rights, as well as other international treaties, and accordingly, Iraqis, both drafting and approving the constitution, should be informed about the nature and content of those treaties. _______________________ Adams Morgan: Is it perhaps a bit naive to expect Iraq, and other newly Democratic nations like it, to smoothly transition to a government in which all religious ideas and thought are respected? In America, anti-orthodox thought was rejected for centuries, and we are still having issues allowing true freedom of religion, right? Preeta Bansal: It's fair to say that these issues will always continue to be worked out in every society over time. But the United States, for better or worse, has had a big role in the formation of a new Iraqi state. The values that are ultimately enshrined in its constitution -- even if not able to be fully implemented immediately in practice -- are therefore nevertheless important issues of our concern. Otherwise our country will have played a huge role in establishing a theocratic Islamic state in the heart of the Middle East. _______________________ Robert Blitt: Thanks for your questions. Please log in to our Web site for further information, The U.S. Commission on International Religious Freedom _______________________ Editor's Note: Washingtonpost.com moderators retain editorial control over Live Online discussions and choose the most relevant questions for guests and hosts; guests and hosts can decline to answer questions. ©2005Washingtonpost.Newsweek Interactive
Vietnam: USCIRF Chair Cromartie to testify before Congressional Caucus on Vietnam And Congressional Human Rights Caucus
October 26, 2005
Oct 26, 2005 FOR IMMEDIATE RELEASE October 26, 2005 Contact: Anne Johnson, Director of Communications, (202) 523-3240, ext. 27 WASHINGTON - U.S. Commission on International Religious Freedom (USCIRF) Chair Michael Cromartie will testify today before a joint members' briefing of the Congressional Caucus on Vietnam and the Congressional Human Rights Caucus to examine the ongoing religious freedom violations in Vietnam. The hearing will be held in the Rayburn House Office Building, Room 2200, from 4:00-5:30 p.m. Although bilateral relations between the United States and Vietnam have grown steadily in the past few years, the human rights situation in Vietnam remains very poor. The State Department designated Vietnam as a "country of particular concern" (CPC) for its severe violations of religious freedom. Today's briefing is timely because the State Department is deciding currently whether or not to redesignate Vietnam as a CPC. The Commission believes that Vietnam should remain a CPC this year and has made this recommendation to both the Secretary of State and the President. What: Congressional Caucus on Vietnam and Congressional Human Rights Caucus hearing When: Wednesday, October 26, 2005, 4:00-5:30 p.m. Where: Rayburn House Office Building, Room 2200 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. Bansal, Archbishop Charles J. Chaput, Khaled Abou El Fadl, Richard D. Land, Elizabeth H. Prodromou, Bishop Ricardo Ramirez, Ambassador John V. Hanford III, Ex-Officio Joseph R. Crapa, Executive Director
 
Vietnam: USCIRF Chair Cromartie testifies on Capitol Hill
March 28, 2006
Mar 28, 2006 FOR IMMEDIATE RELEASE March 28, 2006 Contact: Anne Johnson, Director of Communications, (202) 523-3240  WASHINGTON - U. S. Commission on International Religious Freedom (USCIRF) Chair Michael Cromartie testified on Wednesday, March 29, before the House International Relations (HIRC) Subcommittee on Africa, Human Rights, and International Organizations at hearing titled "The Human Rights Dialogue with Vietnam: Is Vietnam Making Significant Progress?" The hearing was held at 2:00 p.m. in 2172 Rayburn House Office Building. For the past two years, the State Department has designated Vietnam as a "country of particular concern," or CPC, for its severe violations of religious freedom. The International Religious Freedom Act of 1998 (IRFA) requires that the U.S. government take some diplomatic or economic action against countries designated as CPCs. On May 5, 2005, the United States signed an agreement with Vietnam in which Vietnam agreed to take certain steps to improve religious freedom conditions before the U.S. would "consider" lifting the CPC designation. Over the past year, as a result of persistent diplomacy and intense international attention, there have been some positive developments in both law and practice in Vietnam. The Vietnamese government released some religious prisoners, officially outlawed forced recantations of faith, issued new guidelines to help speed the process of registration, and registered at least 29 religious venues in the Central Highlands and allowed hundreds more to operate prior to registration. In addition, restrictions eased on Catholics and some Buddhist practice. However, based on information gathered by the Commission from sources within Vietnam, the May 5, 2005 agreement has not been fully implemented. "Vietnam has not sufficiently addressed the issues that originally lead to their CPC designation," said USCIRF chair Michel Cromartie. Religious prisoners remain behind bars and new arrests have been made, hundreds of churches remain closed, forced renunciations of faith continue, and restrictions on and harassment of all of Vietnam's diverse religious communities remain. Targeted specifically are Montagnard and Hmong Protestants, unregistered "house churches," Vietnamese Mennonites, followers of Hoa Hao Buddhism, and the banned United Buddhist Church of Vietnam (UBCV). "Vietnam continues to restrict freedoms of speech, assembly, association and religion and arrests and abuses in these areas still occur. Although, Vietnam is in some respects a less repressive society now than ten or fifteen years ago, we should not conclude that Vietnam's economic openness has led directly to political openness or greater respect for human rights," said Cromartie. "As Vietnam continues to expand the boundaries of economic freedom, including taking steps toward WTO membership, the United States should continue to encourage Vietnam to uphold its international commitments on human rights and religious freedom. This includes full implementation of the May 5, 2005 agreement. And until significant and tangible progress is made on the ground, Vietnam's CPC designation should be maintained." The full text of USCIRF Chair Cromartie's testimony will be available after 2:00 p.m. on May 29 on the Commission's web site at www.uscirf.gov. 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. Bansal, Archbishop Charles J. Chaput, Khaled Abou El Fadl, Richard D. Land, Elizabeth H. Prodromou, Bishop Ricardo Ramirez, Ambassador John V. Hanford III, Ex-Officio, Joseph R. Crapa, Executive Director
 
Vietnam: USCIRF calls on the State Department to make "secret" May 5 agreement with Vietnam public
June 22, 2005
Jun 22, 2005 FOR IMMEDIATE RELEASE June 22, 2005 Contact: Anne Johnson, Director of Communications, (202) 523-3240  WASHINGTON - President George W. Bush announced yesterday that the United States and Vietnam had reached a "landmark agreement that will make it easier for people to worship freely in Vietnam." The agreement to which the President referred was first announced on May 5, 2005 by the State Department. The agreement, however, has not been made public, and the Commission calls on the State Department to disclose the substance of this important human rights agreement. That agreement was the first diplomatic accord reached with a "country of particular concern" (CPC) since the passage of the 1998 International Religious Freedom Act (IRFA). The IRFA legislation stipulates that a country designated as a CPC can avoid sanctions by entering into a "binding agreement" that details specific steps toward progress on religious freedom. In testimony this week before the House International Relations Committee, USCIRF Vice Chair Nina Shea said that the Commission found it troubling that an agreement whose details are secret could be cited as evidence of progress because there was no way to monitor its provisions and no promise of access to regions, such as the Central Highlands and northwest provinces, that have experienced the most human rights problems. Shea called for the creation of a monitoring mechanism to ensure that the agreement is fulfilled and other issues of concern are addressed. "Until there is independent monitoring, any claims of progress on religious freedom should be viewed with skepticism," said Shea. Over the past six months, the Vietnamese government has made several gestures to address religious freedom concerns, including the release of several prominent dissidents, a directive to stop forcing Protestants to recant their faith, and another to streamline the application process for religious groups seeking government approval. However, in her testimony, Commissioner Shea noted that the actions taken thus far only signal promises of improvement and not actual measurable progress. She added, "Promises do not mean progress in addressing the tangible reasons that landed Vietnam on the CPC list in the first place. Religious prisoners remain behind bars, churches remain closed, and restrictions and harassment on all of Vietnam's diverse religious communities continues. Moreover, troubling reports continue to arrive of new arrests and harassment of religious and ethnic minorities in Vietnam, despite promises that the new laws would improve religious freedom conditions." Commissioner Shea's HIRC testimony offered specific examples of ongoing forced renunciations of faith that occurred in the last month. In addition, the Commission also has made specific recommendations for Congressional and Administration action in the areas of public diplomacy, economic development, education, and rule of law programs for Vietnam which would help to advance freedom of thought, conscience, and religion or belief. These may be found in the Commission's2005 Annual Report. 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. Preeta D. Bansal,Chair
  • Felice D. Gaer, Vice Chair, Nina Shea, Vice Chair, Archbishop Charles J. Chapu, tMichael Cromartie,Khaled Abou El Fadl, Elizabeth H. Prodromou, Bishop Ricardo Ramirez, Michael K. Young, Ambassador John V. Hanford III, Ex-Officio Joseph R. Crapa, Executive Director
 
VIETNAM: USCIRF Assesses State Department’s CPC Removal
February 08, 2017
Feb 8, 2017 FOR IMMEDIATE RELEASE February 8, 2017   WASHINGTON, D.C. – The U.S. Commission on International Religious Freedom (USCIRF) today released Religious Freedom in Vietnam: Assessing the Country of Particular Concern Designation 10 Years After its Removal. Because of its “systematic, ongoing, and egregious” violations of religious freedom, Vietnam had been designated a “country of particular concern” (or CPC) by the State Department from 2004 until 2006, when, as a result of U.S. diplomatic negotiations, Vietnam promised to improve religious freedom. This new report examines the history and efficacy of Vietnam’s CPC designation and the implication on religious freedom in Vietnam 10 years after the State Department removed Vietnam as a “country of particular concern.”   “Ten years after the State Department’s removal of Vietnam as a CPC, religious freedom conditions in the country are at a pivotal moment.  While these conditions have improved in some instances, severe religious violations continue that are inconsistent with international standards,” said USCIRF Chair Thomas J. Reese, S.J. “Although the Vietnamese government sought to address these concerns in the recently passed law on religion and belief, this measure is imperfect and disadvantages many religious communities. If Vietnam does not implement religious freedom reforms that are consistent with international standards, USCIRF will continue to call for its designation as a country of particular concern.” Religious freedom conditions in many parts of Vietnam continue to deteriorate in some areas, notwithstanding that many individuals and communities freely practice their faith. In some areas, local authorities harass and discriminate against religious organizations that the government does not recognize. In addition, religious groups across Vietnam fear that the government will evict them from or demolish their properties. USCIRF has recommended CPC designation for Vietnam every year since 2002. To view the report in Vietnamese, please click here. For more information on religious freedom conditions in Vietnam, please see USCIRF’s Vietnam chapter in the 2016 Annual Report (in English and Vietnamese), and USCIRF’s recent press release VIETNAM: At a Crossroads, 10 Years after CPC Designation Removed To interview a Commissioner, please contact USCIRF at media@uscirf.gov or 202-523-3258.
Vietnam: U.S. Government Should Re-Designate Vietnam Among Worst Violators of Religious Freedom, Press for Unconditional Release of Prisoners
September 24, 2008
Sep 24, 2008 FOR IMMEDIATE RELEASEContact:Judith Ingram, Communications Director Tel. 202/523-3240, ext 127 communications@uscirf.gov WASHINGTON-Vietnam continues to demonstrate a disturbing disregard for fundamental human rights, with police violence against protesters at peaceful vigils at properties formerly owned by the Catholic Church of Vietnam, the drawn-out imprisonment and house arrest of numerous religious freedom advocates, and the detentions earlier this month of pro-democracy activists. Rather than releasing imprisoned human rights lawyer and religious freedom advocate Li Thi Cong Nhan, the Vietnamese government has offered her exile abroad, which she refused. The U.S. Commission calls on the State Department to re-designate Vietnam among the worst violators of religious freedom and demand the unconditional release of all prisoners of concern. "Too often in Vietnam, individuals who peacefully organize and express views about religious freedom and human rights-and the freedoms required to protect them-are detained, arrested, or intimidated,” said Commission Chair Felice D. Gaer. "As a member of the U.N. Security Council, Vietnam should be upholding human rights fully and should not view peaceful actions to advance religious freedom as a security threat.” Catholics in Hanoi have been holding prayer vigils at Catholic Church properties continuously since December to urge their return to the Church. The Church properties were seized by the Communist government in the mid-1950s. Though brief clashes with police have interrupted other peaceful vigils at former Catholic properties, over the past three weeks reports indicate that police have detained as many as eight protesters at the grounds of a former monastery of the Redemptorist order. In addition to the arrests, security personnel used batons to disperse a silent vigil seeking the release of those arrested. Eyewitness reports indicate that at least 12 other individuals were briefly detained following the vigil at the police station and one priest sustained serious injuries. The Commission has received further disturbing reports that the Vietnamese government has accused Archbishop Joseph Ngo Quang Kiet of inciting the protests and threatened "extreme actions” to end the peaceful vigils. Large crowds are gathering at the sight despite warnings. Li Thi Cong Nhan is among the prisoners of concern that the Commission on International Religious Freedom met during its visit to Vietnam late last year. Scores of such prisoners have been put behind bars in Vietnam for reasons related to their exercise or advocacy of freedom of religion or belief, including, for example, calling for legal reforms to advance religious freedom or organizing protests against religious freedom restrictions. Li Thi Cong Nhan was arrested along with Fr. Nguyen Van Ly and Nguyen Van Dai in March 2007 as part of the larger crackdown on democracy, labor, free speech, religious freedom, and human rights advocates by the Vietnamese government. "It is outrageous that Li Thi Cong Nhan was ever arrested in the first place, and that she hasn"t been released,” Gaer said. "She and all prisoners of concern in Vietnam should be released immediately, without conditions, and without the frequent follow-on sentence of house arrest that Vietnamese authorities use to restrict the freedom of rights advocates.” The Commission recently issued its Policy Focus Vietnam, assessing religious freedom conditions in Vietnam. After traveling to Vietnam, the Commission concluded that while progress has been made in some areas, improvements did not extend to all religious communities, provinces, or ethnic minorities. In addition, laws issued at the national level were not fully implemented or were ignored at the local level and there continue to be too many abuses of and restrictions on religious freedom experienced by diverse religious communities, including against those who peacefully advocate religious freedom. Such serious violations demonstrate that the government of Vietnam is failing the test of compliance with its religious freedom obligations under international instruments. As a result, the U.S. Commission on International Religious Freedom respectfully differs with the U.S. State Department"s decision to remove Vietnam from its list of "Countries of Particular Concern,” in 2006, and its continued assessment that Vietnam falls "below the threshold” of being added to this list of the world"s worst violators of religious freedom. Nonetheless, the Commission commends the State Department"s Office of International Religious Freedom for its sustained efforts to end violations of religious freedom in Vietnam. It further urges the U.S. Government to demand that the Vietnamese government: -- immediately and unconditionally release Li Thi Cong Nhan and other rights advocates from prison and house arrest; -- allow the Catholic Church and other religious organizations to function freely; and -- permit the freedom of expression including the right to peaceful protest. The Commission calls for Vietnam to be re-designated as one of the world"s worst violators of religious freedom for its continuing systematic and egregious violations of religious freedom and other human rights.
VIETNAM: Religious Prisoner of Conscience Pastor Nguyen Cong Chinh Released
July 28, 2017
Jul 28, 2017 FOR IMMEDIATE RELEASE July 31, 2017   VIETNAM: Religious Prisoner of Conscience Pastor Nguyen Cong Chinh Released USCIRF Urges the United States to Continue Raising Religious Freedom with Vietnam WASHINGTON, D.C. – The U.S. Commission on International Religious Freedom (USCIRF) expressed relief that the Vietnamese government has released religious prisoner of conscience Pastor Nguyen Cong Chinh and allowed him, his wife Tran Thi Hong, and their five children to leave the country. Pastor Chinh was sentenced in 2012 to 11 years’ imprisonment and endured solitary confinement and torture in prison. The family has arrived in the United States after the U.S. government granted Pastor Chinh humanitarian parole. “The Vietnamese government finally has done the right thing by releasing Pastor Chinh from prison.  We welcome his admission, along with his family, to the United States.  The reality is that he should not have been imprisoned in the first place for simply practicing his faith,” said USCIRF Commissioner Jackie Wolcott, who has advocated on behalf of the pastor. “Pastor Chinh was falsely charged and imprisoned and treated cruelly, as are countless other religious believers and human rights activists who continue to be harassed, detained, and tortured in Vietnam.”   Commissioner Wolcott took up the case of Pastor Chinh and his wife as part of USCIRF’s Religious Prisoners of Conscience Project. Through this project, Commissioners work for the release of individuals who have been imprisoned for their religious beliefs, practices, advocacy, or identity and the laws and practices that led to their imprisonment. USCIRF commends the brave efforts of Pastor Chinh’s wife, Tran Thi Hong, who worked tirelessly on behalf of her husband. Vietnamese authorities frequently harassed and surveilled Mrs. Hong, including beating her for meeting with then U.S. Ambassador-at-Large for International Religious Freedom David Saperstein about her husband’s case. USCIRF has recommended since 2002 that the State Department designate Vietnam as a “country of particular concern,” or CPC, for its systematic, ongoing, and egregious violations of religious freedom. Through law, policy, and practice, the Vietnamese government perpetrates or tolerates serious religious freedom abuses, particularly against unregistered religious organizations and in rural areas of some provinces. “Although USCIRF recommends Vietnam be designated a CPC, we also recognize that the government has demonstrated a willingness to engage on freedom of religion or belief,” said USCIRF Chairman Dr. Daniel Mark, who has traveled to Vietnam on behalf of USCIRF. “The United States must continue to ensure that religious freedom is pursued both privately and publicly at every level of the bilateral relationship so that Vietnam takes positive and lasting steps toward freedom of religion or belief, including releasing religious prisoners of conscience.” For more information, please see USCIRF’s chapter on Vietnam from its 2017 Annual Report (in English and Vietnamese) or USCIRF’s report, Religious Freedom in Vietnam: Assessing the Country of Particular Concern Designation 10 Years After its Removal (in English and Vietnamese). The U.S. Commission on International Religious Freedom is an independent, bipartisan U.S. federal government commission, the first of its kind in the world. USCIRF reviews the facts and circumstances of religious freedom violations abroad and makes policy recommendations to the President, the Secretary of State, and Congress. USCIRF Commissioners are appointed by the President and the Congressional leadership of both political parties. To interview a Commissioner, please contact USCIRF at Media@USCIRF.gov or John D. Lawrence, Director of Communications (JLawrence@USCIRF.gov/+1-202-786-0611).