There are governments around the world which openly sponsor and tolerate restrictions on their citizens' right to practice, observe, study, or associate with other members of their religious faith.
Russia's new religion law seeks to make restraints and inhibit new religious communities' ability to own property, publish literature or operate schools.
IRFA Sponsor Senator Don Nickles (R-OK), in his speech to the Congress on October 2, 1998, stated: ...this is an important aspect of the bill.
2431, "the Freedom from Religious Persecution Act of 1997", originally H.R.1685/S.772 introduced by Representative Frank Wolf and Senator Arlen Specter (R-PA) on May 27, 1997[7] and then reintroduced as H.R.
2431 in the House International Relations Committee (HIRC) on April 1, 1998, Rep. Kevin Brady (R-TX) proposed the text of S.1868, just introduced in the Senate, as an Amendment in the Nature of a Substitute.
IRFA, in contrast, used the internationally recognized definitions of "gross violations of human rights" in the requirement to take action in persecuting countries, on behalf of any religious believers.
Further, IRFA put in place a comprehensive structure headed by a high-ranking diplomat who could negotiate with other governments on behalf of the President, rather than a mid-level White House official tasked with making findings, under FRPA.
In addition to the Ambassador at Large for International Religious Freedom, and the Annual Report, the cornerstone of IRFA is the requirement that each year the President review and determine whether any country has met the threshold, based on international human rights law, of "Country of Particular Concern" or CPC, engaging in or tolerating "particularly severe violations of religious freedom."
The CPC determinations lead to a consultation and negotiations process resulting in a range of actions and sanctions if the offenses are not addressed.
Reversing the violations that had led to CPC designation, Vietnam issued a decree ordering the cessation of its practice of forced renunciations of faith, released all known religious prisoners, and allowed hundreds of churches it had shut down to re-open.
These are: As per the Act, the Congress and the President are obligated to take into account the various issues of religious freedom while developing the country's foreign policy.
Title IV details the requirement that the President annually review and determine whether any country has met the CPC threshold, based in international human rights law, of "engaging in or tolerating particularly severe violations of religious freedom".
Under this section, the president must either enter into a binding agreement with the concerned country to end the religious persecution, or to choose from remedies outlined in Sec.
These include Under Title IV, the president may waive punitive measures against the concerned country if he or she determines that national security is at risk or if the proposed action would harm rather than benefit the individuals and communities the Act is designed to help.
The Office Director and the staff monitor religious persecution and discrimination worldwide, and assist in recommending and implementing policies in respective regions or countries.
[14] The Ambassador oversees the IRF office and is the highest-ranking US advocate for international religious freedom, serving as primary adviser advisor on this issue to the President and the Secretary of State.
The Act is committed to the promotion of freedom of religion and conscience throughout the world as a fundamental human right and a source of stability for all countries.
[3] The President is assigned a special advisor on international religious freedom within the National Security Council by Title III of the Act.
During a speech about the Act, on October 9, 1998, IRFA co-sponsor Senator Joseph Lieberman (D-CT), gave the reason as to why the founding fathers were drawn to America, ... because of a belief that no government has the right to tell the people how to worship and certainly not the right to discriminate against them or persecute them for the way they chose to express their faith in God.The principles of international law were made inherent in the act so as to clarify its commitment to promote international religious freedom.
All the members of the United Nations have adopted the Universal Declaration of Human Rights by the virtue of their UN membership and are pledged to uphold its provisions.
The Article 18(1) of the International Covenant on Civil and Political Rights was ratified with reservations in April 1992, also includes a freedom of religion clause similar to that of the UDHR's.
Critics of this Act would probably contend that while the US Constitution does prohibit Federal and State governments from infringing on the religious liberties of people living within the US, it does not obligate or permit the US to use embargo or military intervention as means to uphold these rights abroad.
The rejoinder would be that the US can prioritize those rights it holds most dear in its interaction with other states, and that IRFA is a means to help other nations secure freedoms to which they have already committed themselves, but may not in fact uphold.