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Religious Persecution
Legislative Summary
The vast majority of the world's governments respect religious freedom. Indeed, most have accepted one or more of the international instruments that explicitly protect that right. For example, 144 countries are parties to the International Covenant on Civil and Political Rights, which acknowledges the right of every human being "to have or to adopt a religion or belief of his choice" and "either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching." All of these countries have pledged "not to discriminate on the basis of religion."
Notwithstanding the existence of this and other broadly accepted international instruments protecting religious freedom, there remains in some countries a substantial difference between promise and practice. Much of the world's population lives in countries in which the right to religious freedom is restricted or prohibited.
To learn more about the persecuted Christian community in Sudan or the 13 Jews on trial in Iran, please visit the RAC web pages that deal more specifically with these issues.
SummaryThere are two major legislative areas that have received much attention this past year. One is a joint resolution (H.Con.Res. 218) expressing Congressional members' disapproval of the Chinese government's treatment of the Falun Gong currently exists in Congress. "The Refugee Protection Act of 1999" (S. 1940) was introduced by Senator Patrick Leahy (D-VT) in November 1999. This bill would ammend the Immigration and Nationality Act to reaffirm the United States' historic commitment to protecting refugees who are fleeing persecution or torture.
The second area of interest is the International Religious Freedom Act, which was signed into law on October 27, 1998, and accomplishes the following:
- It addresses all forms of religious persecution recognized by the international community. The law covers both gross violations of human rights and the more subtle and prevalent forms of persecution, such as church burning, job discrimination, stifling of religious expression, and the inability to hold services. This broader definition for religious persecution is consistent with international human rights standards.
- It allows a flexible, case-by-case response on the part of the Administration since one response is not appropriate in all circumstances. The Administration must choose from a broad menu of options ranging from private diplomatic protest to economic sanctions consistent with the level of persecution.
- It requires consultation with Non-Governmental Organizations (NGOs), churches, and synagogues prior to any action to ensure that the U.S. response, if any, will help, not harm, the religious minority on the ground.
- It improves reporting of religious persecution and provides better training and sensitivity to the issue in U.S. foreign policy structures.
- It does not create a "hierarchy of human rights" in which persecution on the basis of religion has a higher priority than political or cultural persecution such that victims are not granted asylum to the detriment of other refugee groups.
- It does not provide automatic sanctions against countries listed in the report of persecuting countries, but rather a menu of options, ranging from a call or a letter to withdrawal of military or economic aid.
The International Religious Freedom Act also created a 10-member independent governmental commission entitled the U.S. Commission on International Religious Freedom. The group is charged with advising the President and Congress on strengthening religious freedom and combating religious persecution worldwide. This body was appointed by both Democratic and Republican Leadership, as well as from the Legislative and Executive Branch. As part of the its mandate, the Commission must produce a report on religious persecution following the State Department's release of its annual human rights report, and recommend policy to address issues of international religious persecution. Rabbi David Saperstein, Director of the Religious Action Center, was unanimously elected to be the Commission's first Chairman. Elliot Abrams, director of the Ethics and Public Policy Center, is the current Chairman.
Position of the Reform Jewish Movement
In 1950 the CCAR called for guaranteeing of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. It further wishes that all the children of God may be guaranteed the full enjoyment of their inalienable rights and fundamental freedoms.
Jewish Values
Our tradition teaches us that: "God said to Moses: Is there anyone whom I do not respect? Whether it be Israelite or Gentile, man or woman, slave or handmaid, whoever does a good deed, shall find the reward at its side" (Midrash Yalku Lekh Leka 76). God is sending us a message here and that message is clear — God will judge us based on our deeds, not our religious beliefs. As we seek to live our lives conscious of being created in God's image, we must work to ensure that no one is discriminated based on his or her religious beliefs.
The Jewish community has been the quintessential victims of religious persecution, and of all people, we understand the duress of this persecution and will devote ourselves to any measures designed to lessen its impact. It is our duty and obligation to prevent this persecution in the future.
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For more informationTo learn more, contact RAC Legislative Assistant Arielle Gingold (Domestic) or Legislative Assistant Jeff Oakley (International), or contact the following web sites: - RAC Sudan Issue Page
- United States Commission on International Religious Freedom
Established by United States law, CIRF is comprised of ten commissioners and a full time staff that collectively research and offer policy recommendations to the U.S. government on religious persecution world-wide. - Center for Religious Freedom
Since its inception in 1986, the Center, under the directorship of human rights lawyer Nina Shea, has reported on the religious persecution of individuals and groups abroad, and undertaken advocacy on their behalf in the media, Congress, State Department and White House. - Newsroom
Designed to help editors, journalists and decision makers cover the religious dimension to news, Newsroom offers story leads, reports, analysis, commentary and local contacts drawn from a global network of news agencies, reporters and scholars. - Annual State Department Report on International Religious Freedom
This site offers a detailed analysis of religious persecution in countries around the world. - Human Rights Watch
Human Rights Watch is dedicated to protecting the human rights of people around the world by standing with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice.
Last Updated July 20, 2000
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