I M P L E M E N TAT I O N O F T H E I N T E R N AT I O N A L R E L I G I O U S F R E E D O M AC T
Legal Framework
actively implemented his mandate, including through public speeches,
travel, and meetings with the nongovernmental organization (NGO)
IRF Roundtable and other stakeholders.
In February 2020, the Trump administration appointed Sarah
Makin to be the first-ever senior director for IRF on the National
Security Council (NSC) staff. IRFA called for a dedicated NSC staff
position on this issue, and the Frank Wolf Act reiterated that call.
USCIRF for years had urged successive administrations to establish
and fill the position and welcomed the long-needed action. Senior
Director Makin completed her service in January 2021, and the position is now vacant.
In October, the Trump administration appointed then Assistant
Secretary of State for Democracy, Human Rights, and Labor Robert
A. Destro to serve concurrently as the special coordinator for Tibetan
issues, which had been vacant since January 2017. USCIRF welcomed
this appointment but noted that “doublehatting” positions could
undermine the U.S. government’s important efforts to promote religious freedom abroad.
Other positions relevant to IRF that were filled during the Trump
administration include the special envoy to monitor and combat
antisemitism, held by Elan S. Carr from 2019 to 2021 and later elevated
to an ambassador-level position.
IRFA, as amended by the Frank R. Wolf International Religious Freedom
Act of 2016, seeks to make religious freedom a higher priority in
U.S. foreign policy through a range of mechanisms and tools. These
include: governmental institutions (the ambassador-at-large and the
State Department’s IRF Office, USCIRF as an independent legislative
branch agency, and a position on the White House NSC staff); ongoing
monitoring and annual reports on religious freedom violations; and the
imposition of consequences for the worst violators. The consequences
set forth in IRFA consist of CPC designations and related actions, placement on the State Department’s SWL, the ability to bar entry to the
United States of foreign officials responsible for particularly severe
religious freedom violations, and EPC designations for nonstate actors.
IRFA includes religious freedom as an element of U.S. foreign
assistance, cultural exchange, and international broadcasting programs
and requires training on religious freedom and religious persecution for
State Department foreign service officers and U.S. immigration officials.
Further, it includes provisions on U.S. refugee and asylum policy. It also
specifically cites U.S. participation in multilateral organizations as an
avenue for advancing religious freedom abroad. IRFA is centered on
the right to freedom of religion or belief as recognized in international
law, as articulated in the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, and other internaInternational Partnerships
tional instruments and regional agreements.
The positive trajectory of the past six years toward an internaFor a more detailed description of IRFA, its legislative history,
tional movement to advance religious freedom continued. The IRF
and its implementation, please see USCIRF’s Factsheet: IRFA.
Roundtable continued its work supporting 26 international religious
Alongside IRFA, other laws provide tools to sanction individual
freedom roundtables in countries including Sudan, Nigeria, Taiwan,
religious freedom abusers. Some apply to specific countries, such
Uzbekistan, and Kazakhstan. These roundtables are modeled after
as the Comprehensive Iran Sanctions and Divestment Act (CISADA,
meetings NGOs hold regularly among themselves and with governP.L.111-195). More broadly, the 2016 Global Magnitsky Human Rights
ment representatives in Washington and aim to increase the global
Accountability Act allows the president, who has delegated these
conversation on religious freedom. The Trump administration also
authorities to the secretaries of treasury and state, to deny U.S. visas
leveraged momentum to convene meetings on specific IRF topics,
to and freeze the U.S.-based assets of any foreigner responsible for
including hosting a conference in October on combating online
“extrajudicial killings, torture, or other gross violations of internationantisemitism.
ally protected human rights” against someone seeking to expose
An increasing number of countries joined the United States in
illegal government activity or to exercise or defend internationally
passing laws that enable targeted sanctions against human rights
protected rights. Executive Order (E.O.) 13818, issued in December
violators. In July, the United Kingdom (UK) launched its own Magnitsky2017 to implement and build on the Global Magnitsky Act, authostyle law. Then Secretary of State
rizes visa bans and asset freezes
Michael R. Pompeo welcomed
against foreign persons involved
the UK’s adoption of this law and
in “serious human rights abuse,”
noted that United States would
providing an even more expansive
An increasing number of countries joined
continue to seek out additional
basis for targeted sanctions.
the United States in passing laws
allies and partners to leverage
In addition, Section 7031(c)
that enable targeted sanctions against
jointly all available tools to hold
of the State Department’s annual
abusers of human rights accounthuman
rights
violators.
appropriations law (P.L. 116-94 for
able. In December, the European
FY 2020) requires the secretary of
Union (EU) adopted the European
state to make foreign officials and
Magnitsky Act. In addition to
their immediate family members
these
recent
developments,
in
2017
Canada passed the Justice for
ineligible for U.S. entry if there is credible evidence that such individVictims of Corrupt Foreign Officials Act, which includes visa ineligibiliuals have been involved in “a gross violation of human rights.” Unlike
ties and asset blocking for human rights violations. Australia and Japan
the visa ineligibility provision enacted in IRFA, visa bans under this
are reportedly considering creating similar sanctions frameworks.
provision can be announced publicly.
Key Developments in 2020 and Early 2021
Key U.S. Government IRF Positions
On January 20, 2021, Samuel D. Brownback completed his service as
ambassador-at-large for IRF, a position he held since 2018. The fifth
ambassador-at-large since IRFA’s enactment, Ambassador Brownback
Individual Violators
During 2020, there were no known visa denials to any foreign officials
for particularly severe religious freedom violations under Section
212(a)(2)(G) of the Immigration and Nationality Act, the provision
added by IRFA. However, the U.S. government ramped up its use of
USCIRF | ANNUAL REPORT 2021
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