I N T R O D U C T I O N A N D OV E R V I E W
particularly women, who did not conform to its strict interpretation
To that end, USCIRF has provided qualitative and quantitative
of Sunni Islam. Based on these developments, in the 2020 Annual
information in its annual reports, publications, and other work highReport, USCIRF recommended Sudan for SWL placement rather than
lighting problematic laws and policies of foreign countries that permit
CPC designation.
or condone violations of human rights of minority groups and other
Sudan continued to make significant steps toward improved
vulnerable communities on the basis of religion. Some of USCIRF’s key
religious freedom conditions in 2020. In February, USCIRF traveled
recent activities on this topic are discussed below.
to Khartoum to assess religious freedom conditions in the country,
In December 2020, USCIRF published a study on Violating
and it was encouraged by the evident progress. In July, the transiRights: Enforcing the World's Blasphemy Laws and held a heartional government subsequently
ing on Blasphemy Laws and the
adopted the Fundamental
Violation of International Religious
Rights and Freedoms Act, which
Freedom. Focusing on a five-year
repealed the apostasy law, ended
period from 2014 to 2018, the
[S]tates must not coercively enforce
flogging for blasphemy, banned
report provides extensive data
religious interpretations on individuals
female genital mutilation, permitand examples demonstrating the
or communities who do not
ted non-Muslims to drink alcohol,
many ways that, in the 84 counand abolished the guardianship
tries that have blasphemy laws,
adhere to those interpretations.
law that required women to get
enforcement of such laws undera permit from a male guardian
mines human rights, including
when traveling abroad with their
freedom of religion or belief and
children. USCIRF’s visit also afforded the Commission the opportunity
freedom of expression. The Violating Rights study found that 81
to engage again with the transitional leadership in Khartoum, includpercent of the cases of state blasphemy law enforcement occurred
ing Prime Minister Hamdok and his cabinet.
in only 10 countries: Pakistan, Iran, Russia, India, Egypt, Indonesia,
As a result of these substantial and positive changes, USCIRF
Yemen, Bangladesh, Saudi Arabia, and Kuwait. In seven of these ten
is not recommending Sudan for SWL status this year. USCIRF
states, the governments identify and enforce Islam as the official
encourages Sudan’s transitional government to continue to make
state religion, and in the other three, the governments favor certain
institutional reforms to further protect religious freedom and to
religions (Christianity for Russia, Hinduism for India, and six recognized
ensure their effective implementation. These reforms should include
faiths for Indonesia).
establishing a religious freedom commission as mandated by the
In November 2020, USCIRF issued a report on Saudi Arabia’s
Juba Peace Agreement, addressing the claims of churches whose
guardianship system, which severely limits women’s rights based on
property the former regime destroyed or confiscated, and repealing
the government’s interpretation of religion. In 2019, USCIRF published
the blasphemy law.
a report on Shari’ah Criminal Law in Northern Nigeria, addressing how
the implementation of religion-based law can violate religious freeViolations of Human Rights on the Basis of Religion
dom and related rights. USCIRF also published reports on apostasy,
USCIRF’s mission is to advance international freedom of religion or
blasphemy, and hate speech laws in Africa and on blasphemy cases
belief (FoRB), by independently assessing and unflinchingly confrontin Indonesia and Pakistan in 2019.
ing threats to this fundamental right. Within this conception, USCIRF
Additionally, USCIRF has published a series of factsheets outlinis also committed to addressing human rights violations perpetrated
ing how laws that seek to enforce religious norms, such as blasphemy
based on the coercive enforcement of interpretations of religion
and conversion laws, violate international human rights standards.
and has done so since it was created by Congress in 1998. USCIRF
Another recent factsheet, Limitations on the Freedom of Religion or
fulfills this commitment through its reporting, advocacy, and policy
Belief, examines permissible and impermissible limitations on religious
recommendations to the president, secretary of state, and Congress.
freedom under international law. A December 2020 factsheet looked
Some foreign governments enforce laws and policies that permit
at Brunei’s Syariah Penal Code, which enforces a strict interpretation of
or condone violations of human rights of minority groups and other
Shari’a on all resident Muslims, with no ability to opt out or freedom to
vulnerable communities on the basis of religion. Under international
interpret or practice Islam according to their own conscience. In March
human rights law, however, religion is not a legitimate justification for
2021, USCIRF released a factsheet on The Use of Shari’a as Religious
egregiously violating individuals’ fundamental rights. As explained by
Justification for Capital Punishment Against LGBTI Persons, discussing
the UN Human Rights Committee—the body of independent experts
how such laws violate the human dignity and rights of lesbian, gay,
charged with interpreting provisions of the ICCPR—the existence of a
bisexual, transgender, and intersex (LGBTI) persons and embolden
state or majority religion cannot result in the impairment of the rights
societal hostility, discrimination, and violence against them.
of individuals under the ICCPR. International law requires states to
USCIRF also raises awareness on these issues through its public
respect FoRB and other human rights for everyone, equally. Thus,
hearings, briefings, and other events, which seek to highlight the
states must not coercively enforce religious interpretations on indiCommission’s research and recommendations and showcase diverse
viduals or communities who do not adhere to those interpretations.
panelists offering a variety of perspectives. In November 2020, for
Individuals and religious communities enjoy the right to hold and
example, USCIRF hosted an event with Nasreldin Mufrih, Sudan’s
follow diverse views on religious precepts free from government
Minister of Religious Affairs, where he discussed how the country’s
interference. Governments are accountable to international human
transitional government was addressing the previous regime’s viorights standards guaranteeing FoRB and other fundamental human
lations of human rights based on religion. In December, a USCIRF
rights to all.
hearing focused on ways the U.S. government can protect and assist
4 USCIRF | ANNUAL REPORT 2021