§ 6401. — Findings; policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6401]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 73--INTERNATIONAL RELIGIOUS FREEDOM
Sec. 6401. Findings; policy
(a) Findings
Congress makes the following findings:
(1) The right to freedom of religion undergirds the very origin
and existence of the United States. Many of our Nation's founders
fled religious persecution abroad, cherishing in their hearts and
minds the ideal of religious freedom. They established in law, as a
fundamental right and as a pillar of our Nation, the right to
freedom of religion. From its birth to this day, the United States
has prized this legacy of religious freedom and honored this
heritage by standing for religious freedom and offering refuge to
those suffering religious persecution.
(2) Freedom of religious belief and practice is a universal
human right and fundamental freedom articulated in numerous
international instruments, including the Universal Declaration of
Human Rights, the International Covenant on Civil and Political
Rights, the Helsinki Accords, the Declaration on the Elimination of
All Forms of Intolerance and Discrimination Based on Religion or
Belief, the United Nations Charter, and the European Convention for
the Protection of Human Rights and Fundamental Freedoms.
(3) Article 18 of the Universal Declaration of Human Rights
recognizes that ``Everyone has the right to freedom of thought,
conscience, and religion. This right includes freedom to change his
religion or belief, and freedom, either alone or in community with
others and in public or private, to manifest his religion or belief
in teaching, practice, worship, and observance.''. Article 18(1) of
the International Covenant on Civil and Political Rights recognizes
that ``Everyone shall have the right to freedom of thought,
conscience, and religion. This right shall include freedom to have
or to adopt a religion or belief of his choice, and freedom, either
individually or in community with others and in public or private,
to manifest his religion or belief in worship, observance, practice,
and teaching''. Governments have the responsibility to protect the
fundamental rights of their citizens and to pursue justice for all.
Religious freedom is a fundamental right of every individual,
regardless of race, sex, country, creed, or nationality, and should
never be arbitrarily abridged by any government.
(4) The right to freedom of religion is under renewed and, in
some cases, increasing assault in many countries around the world.
More than one-half of the world's population lives under regimes
that severely restrict or prohibit the freedom of their citizens to
study, believe, observe, and freely practice the religious faith of
their choice. Religious believers and communities suffer both
government-sponsored and government-tolerated violations of their
rights to religious freedom. Among the many forms of such violations
are state-sponsored slander campaigns, confiscations of property,
surveillance by security police, including by special divisions of
``religious police'', severe prohibitions against construction and
repair of places of worship, denial of the right to assemble and
relegation of religious communities to illegal status through
arbitrary registration laws, prohibitions against the pursuit of
education or public office, and prohibitions against publishing,
distributing, or possessing religious literature and materials.
(5) Even more abhorrent, religious believers in many countries
face such severe and violent forms of religious persecution as
detention, torture, beatings, forced marriage, rape, imprisonment,
enslavement, mass resettlement, and death merely for the peaceful
belief in, change of or practice of their faith. In many countries,
religious believers are forced to meet secretly, and religious
leaders are targeted by national security forces and hostile mobs.
(6) Though not confined to a particular region or regime,
religious persecution is often particularly widespread, systematic,
and heinous under totalitarian governments and in countries with
militant, politicized religious majorities.
(7) Congress has recognized and denounced acts of religious
persecution through the adoption of the following resolutions:
(A) House Resolution 515 of the One Hundred Fourth Congress,
expressing the sense of the House of Representatives with
respect to the persecution of Christians worldwide.
(B) Senate Concurrent Resolution 71 of the One Hundred
Fourth Congress, expressing the sense of the Senate regarding
persecution of Christians worldwide.
(C) House Concurrent Resolution 102 of the One Hundred
Fourth Congress, expressing the sense of the House of
Representatives concerning the emancipation of the Iranian
Baha'i community.
(b) Policy
It shall be the policy of the United States, as follows:
(1) To condemn violations of religious freedom, and to promote,
and to assist other governments in the promotion of, the fundamental
right to freedom of religion.
(2) To seek to channel United States security and development
assistance to governments other than those found to be engaged in
gross violations of the right to freedom of religion, as set forth
in the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], in
the International Financial Institutions Act of 1977, and in other
formulations of United States human rights policy.
(3) To be vigorous and flexible, reflecting both the unwavering
commitment of the United States to religious freedom and the desire
of the United States for the most effective and principled response,
in light of the range of violations of religious freedom by a
variety of persecuting regimes, and the status of the relations of
the United States with different nations.
(4) To work with foreign governments that affirm and protect
religious freedom, in order to develop multilateral documents and
initiatives to combat violations of religious freedom and promote
the right to religious freedom abroad.
(5) Standing for liberty and standing with the persecuted, to
use and implement appropriate tools in the United States foreign
policy apparatus, including diplomatic, political, commercial,
charitable, educational, and cultural channels, to promote respect
for religious freedom by all governments and peoples.
(Pub. L. 105-292, Sec. 2, Oct. 27, 1998, 112 Stat. 2788.)
References in Text
House Concurrent Resolution 102, referred to in subsec. (a)(7)(C),
is H. Con. Res. 102, June 26, 1996, 110 Stat. 4483, which is not
classified to the Code.
The Foreign Assistance Act of 1961, referred to in subsec. (b)(2),
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is
classified principally to chapter 32 (Sec. 2151 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2151 of this title and Tables.
The International Financial Institutions Act of 1977, referred to in
subsec. (b)(2), probably means the International Financial Institutions
Act, Pub. L. 95-118, Oct. 3, 1977, 91 Stat. 1067, as amended, which
enacted sections 262c, 262d, 262e to 262g-3, 262m to 262p-7, 262r to
262t, 282i, 284n, 285s, 285t, 286e-1f, and 290g-10 of this title,
repealed sections 283y, 284m, and 290g-9 of this title, and enacted
provisions set out as notes under sections 262c and 282i of this title.
For complete classification of this Act to the Code, see Short Title of
1977 Amendment note set out under section 261 of this title and Tables.
Short Title
Pub. L. 105-292, Sec. 1(a), Oct. 27, 1998, 112 Stat. 2787, provided
that: ``This Act [enacting this chapter and section 4028 of this title,
amending sections 262d, 2151n, 2304, 2452, 3965, 4013, 4028, and 6202 of
this title, sections 1157 and 1182 of Title 8, Aliens and Nationality,
and section 402 of Title 50, War and National Defense, and enacting
provisions set out as notes under section 2151n of this title and
section 1182 of Title 8] may be cited as the `International Religious
Freedom Act of 1998'.''
Section Referred to in Other Sections
This section is referred to in sections 6402, 6445 of this title.
