The United States Commission on International Religious Freedom | Legal Reasoning for CLAT PDF Download

Introduction

• The 1998 International Religious Freedom Act (IRFA), as amended, established the United States Commission on International Religious Freedom (USCIRF), an impartial, bipartisan federal government organization in the United States.
• USCIRF tracks the execution of its policy recommendations and monitors the application of the universal right to freedom of religion or belief (FoRB) overseas. It also makes policy recommendations to Congress, the President, and the Secretary of State. 
• With the assistance of a nonpartisan professional staff, the President or the leaders of each political party's Congress appoint USCIRF's nine Commissioners. 
• The State Department does not have any influence over USCIRF; nevertheless, the Ambassador-at-Large for International Religious Freedom is a non-voting member. 

Religious Freedom

• The ability to follow one's conscience and to practice one's religion in an open, nonviolent, and fearless manner are intrinsic rights to religious freedom.
• The broad right of freedom of religion or believe encompasses the liberties of conscience, association, assembly, expression, and thought. 
• While religious freedom is the most important freedom in the United States, it is also a fundamental human right recognized by international law and treaties, an essential part of national security that is necessary to ensure a more peaceful, prosperous, and stable world, and a necessary component of U.S. foreign policy and America's commitment to defending democracy and freedom globally. 

What is UNCIRF?

• The USCIRF was created by the IRFA in 1998.
  • This act establishes the commission's legal basis, mandate, and authority.
• It is an independent, bipartisan federal government commission. 
  • It operates autonomously from other government branches and includes members from different political parties to ensure balanced perspectives.
• While USCIRF makes recommendations, it does not have the power to implement policies or impose sanctions. 
  • Its role is advisory, with the State Department and other government bodies responsible for acting on its recommendations.
• It is composed of nine Commissioners appointed by the President or Congressional leaders of each political party, supported by non-partisan professional staff.
• Operates under the authority granted by the IRFA, with the power to conduct research, travel, and produce reports, but does not have direct policy implementation powers.
• Produces annual reports and recommendations, including designations for Countries of Particular Concern (CPC) and the Special Watch List (SWL).
  • Focuses on international religious freedom issues outside the United States.
• Bases its analysis and recommendations on international human rights standards and U.S. law.
• Its recommendations are also not binding 
• It is up to the U.S. Statement Department whether to accept them, and typically, calculations related to bilateral relations and larger foreign policy goals come into play.

What are the Functions of UNCIRF?  

Congressional Advisory Role  

• Works directly with Congressional offices 
• Convenes and provides testimony at hearings 
• Conducts briefings on countries and thematic issues 

Executive Branch Engagement 

• Holds regular meetings with Executive Branch officials 
• Shares critical information 
• Highlights situations of concern 
• Discusses policy recommendations 

International Religious Freedom Monitoring 

• Foreign officials 
• International partners 
• Independent human rights groups 
  • Non-governmental organizations (NGOs) 
  • Religious leaders 
  • Persecution victims 

Public Awareness and Advocacy 

• Organizes public events 
• Produces podcast episodes 
• Issues public statements 
• Publishes opinion editorials 
• Advocates for victims of Freedom of Religion or Belief (FoRB) violations 
• Campaigns for prisoner release through:  
  • Religious Prisoners of Conscience (RPOC) Project 
  • Tom Lantos Human Rights Commission's Defending Freedom's Project 
  • USCIRF's FoRB Victims List 

Reporting and Analysis 

• Publishes comprehensive Annual Report 
• Assesses countries violating religious freedom in a:  
  • Systematic manner 
  • Ongoing basis 
  • Egregious fashion 
• Examines thematic issues affecting religious freedom globally 
• Evaluates U.S. policy 
• Provides recommendations to the U.S. government