Congressional Record, Volume 144 Issue 136 (Friday, October 2, 1998)

[Congressional Record Volume 144, Number 136 (Friday, October 2, 1998)]
[Senate]
[Pages S11330-S11333]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

INTERNATIONAL RELIGIOUS FREEDOM ACT

Mr. NICKLES. Mr. President, earlier today, I, Senator Lieberman,
Senator Specter, Senator Coats, Senator Akaka, as well as Congressman
Wolf, and other leaders of various religious organizations, had a press
conference discussing the International Religious Freedom Act. We came
out and spoke in favor of Congress passing the International Religious
Freedom Act this year.
I tell my colleagues, I very much hope and expect we will do that. I
think it is one of the highest priorities we have left before we
adjourn this session.
The issue of religious persecution and freedom is an issue that I
have been working on, as many others have, for a long time. I very much
value the opportunity and the right and the privilege that I have as an
American citizen to worship as I please, where I please, how I please.
In fact, I believe it is one of the most precious rights that any of us
have as a citizen of this country.
Unfortunately, too many people in too many countries do not have that
right. It is unfortunate that in many places all around the world,
religious persecution is a common practice. It happens in more
countries than we can imagine. There are far too many state laws and
policies that restrict religious freedom.
For many years, I have worked with my colleagues, Senator Helms,
Senator Lugar and Senator Nunn, to help win freedom for those around
the world who suffer because of religious beliefs. While we have been
successful on many occasions, sadly, in some cases, we haven't been.
Most of this work has been done, I might mention, quietly and behind
the scenes.
In 1996, I was honored to sponsor a Senate resolution on religious
persecution, which passed by unanimous consent. In that resolution, the
Senate made a strong recommendation ``that the President expand and
invigorate the United States' international advocacy on behalf of
persecuted Christians, and initiate a thorough examination of all the
United States' policies that affect persecuted Christians.''
Unlike the resolution that we helped get through the Senate 2 years
ago, the legislation we are talking about today makes no distinction as
to the faith of those who are being persecuted. This bill, I believe,
will benefit all persons of all faiths who are persecuted for
practicing their religion.
Congressman Frank Wolf and Senator Arlen Specter have done a great
job during the past year and a half in bringing this issue to the
attention of the American public. I want to thank my friend,
Congressman Wolf, for his leadership in the House, and of course all
those persons in the House who passed a similar bill with a record
vote, 375-41. Now, we in the Senate have a historic opportunity to
finish the job that was started by the House, by passing the
International Religious Freedom Act.
I also want to thank my colleague, Senator Specter, for his
leadership as original sponsor of the resolution. His work on our
legislation, I think, has added considerably to the effectiveness of
the bill.
I also want to thank Senators Grams and Hagel who worked with us to
modify the bill to ensure that what we are doing is responsible and it
is done in a careful way. I think with their efforts we have crafted a
bill that can be supported by all Senators, as evidenced by the fact
that a broad spectrum of grassroots organizations have endorsed this
bill.
We have 29 Senate cosponsors, and I expect we will have more shortly.
We have 21 groups that are supporting our bill who are advocating
religious freedom. Those organizations include: the Religious Liberty
Commission of the Southern Baptist Convention, the National Association
of Evangelicals, the International Fellowship of Jews and Christians,
the Christian Coalition, the Episcopal Church, the Anti-Defamation
League, Advocates International, the National Jewish Coalition,
Traditional Values Coalition, American Jewish Committee, Justice
Fellowship, the Catholic Conference, B'Nai B'rith International, the
Evangelical Lutheran Church of America, Catholic Conference of Major
Superiors of Men's Institutes, Jewish Council for Public Affairs, Union
of American Hebrew Congregations, Union of Orthodox Jewish
Congregations of America, National Conference of Soviet Jewry, the
United Methodist Church-Women's Division, and the American Coptic
Association.

The Episcopal Church stated the following about the International
Religious Freedom Act in a letter to each office on Capitol Hill:

The Nickles-Lieberman bill is a moderate, flexible response
to human rights abuses that strikes the right balance between
imposing inflexible sanctions in overlooking serious human
rights abuses.

The Catholic conference stated the following in a letter to my
office:

The bill is a reasonable and thoughtful effort to ensure
that religious liberty has its rightful place in U.S. policy
while preserving the authority of the Executive to pursue
legitimate foreign policy goals. It deserves broad,
bipartisan support and should be considered before Congress
adjourns.

B'nai B'rith International, The Union of American Hebrew
Congregations, and The Union of Orthodox Jewish Congregations of
America signed a letter to me stating:

Passage of this bill would underscore our nation's
commitment to human rights worldwide and lend hope to
millions of religious believers who suffer because of their
faith. Failure to act now on this legislation would send a
dangerous signal to persecutors that they can act with
impunity.

Unfortunately, it is a tragic reality that literally millions of
religious believers around the world live with the terrifying prospect
of persecution--of being tortured, arrested, imprisoned, or even killed
simply for their faith. Millions more around the world are denied, by
government policy, the ability to practice their religion.
I believe that this bill can be an effective tool in helping to
resolve the problem of religious persecution throughout the world.

[[Page S11331]]

The International Religious Freedom Act will establish a process to
ensure that on an ongoing basis, the United States closely monitors
religious persecution worldwide.
International Religious Freedom Act uses a broad definition of
religious persecution. This definition ranges in scope from the most
egregious form of religious persecution--imprisonment, torture or
death--to the most common--the inability of one to speak freely about
one's religion, or to change religion. That's right. There are
prohibitions in certain countries on changing your religion, on talking
about your religion, or practicing your religion.
This is an important aspect of the bill. If the definition of
religious persecution were limited to only torture, imprisonment or
death, the International Religious Freedom Act would only cover about a
few countries, and would not include about 80 to 85 percent of the
religious persecution that takes place in the world--the ability to
practice one's religion. We adopted this standard to ensure that we
address the problem before it escalates to torture and murder.
Under the provisions of the International Religious Freedom Act, the
President is required to take action against those countries that
engage in religious persecution. However, the President is given a menu
of options, fifteen items, from which he can choose the most
appropriate response. In addition, the President is given the
discretion to calibrate that action in response to each country's
particular situation.
In essence, this allows the President to weigh a variety of factors
such as strategic importance, the historical relationship between the
United States and that country and the severity of the religious
persecution in that country when determining an action.
I believe this flexibility also makes the International Religious
Freedom Act more effective. We provide the President with a menu of
options that makes it make likely that he will take action.
We need to keep our eye on the goal. The goal of our bill is not to
punish countries, but to change behavior, and if it is more likely that
the President will take an action, then it is more likely that behavior
will change. And that, Mr. President, in my opinion should be the goal
of any legislation dealing with religious persecution--changing
behavior in other countries that persecute people because of their
faith.
The International Religious Freedom Act, also seeks to promote
religious freedom. The bill insists that U.S. foreign assistance should
place a priority on developing legal protections and respect for
religious freedom, by promoting exchanges and visits of religious
leaders in the U.S. and abroad, and by making one of the priorities of
our international broadcast programs the promotion of and respect for
religious freedom.
This bill is not a classic case of Uncle Sam imposing his views on
the world. Although the right to religious freedom undergirds the very
existence and origin of this country, the bill only asks other
countries to live up to the commitments they have made in international
documents and agreements.
For example, article 1, paragraph 3 of the Charter of the United
Nations states one of the purposes of the United Nations is to:

Achieve international cooperation in . . . promoting and
encouraging respect for human rights and for fundamental
freedoms for all without distinctions as to race, sex,
language or religion.

There are 185 members of the United Nations. Some of the members of
the United Nations are the biggest violators of the right to religious
freedom.
Article 18 of the Universal Declaration of Human Rights states:

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.

According to a CRS memo, The Universal Declaration of Human Rights
was originally adopted in 1948 at the UN by 48 of the countries that
belonged to the UN at that time (eight countries abstained). The
Universal Declaration of Human Rights is considered as a part of the
United Nations and any country who has joined since 1948 subscribes to
its principles. No ratification is required.

Some have suggested that it is inappropriate to elevate religion to a
``higher'' or ``privileged'' status in U.S. policy on human rights. But
the reality is the opposite. We are trying to correct the neglect that
has too long existed, where religious persecution has been given a
lower priority than persecution based on political opinion, labor
activities, sexual orientation, what have you. This bill is remedial
for years of neglect. Religion must no longer be an afterthought of
American human rights policy.
As the Catholic Conference stated in its letter to me:

In June of this year, an Episcopalian Bishop from Pakistan, the Right
Reverend Munawar Rumlash, or Bishop Manno as he is called in the United
States, gave gripping testimony before the Senate Foreign Relations
Committee about the plight of Christians in Pakistan.
Bishop Manno cited the following examples of religious persecution in
Pakistan before the Senate Foreign Relations Committee that have
occurred this year alone.
In January, Protestant Pastor Noor Alam was stabbed to death in front
of his family. Two months before his death, Pastor Alam's church was
demolished by a Muslim mob. When he was stabbed to death he was in the
process of rebuilding his church for which he had received several
death threats.
On April 27, 1998, Ayub Masih was condemned to death on charges he
blasphemed the prophet Mohammed by favorably mentioning Salman Rushdie,
the author of ``Satanic Verses.'' According to Freedom House, Mr.
Rushdie's book has not been translated into the local Urdu language and
is unavailable in Pakistan. It is improbable that Ayub Masih ever saw
or read the book.
The blasphemy laws in Pakistan do not just impact Christians.
According to the latest State Department Human Rights Report, the
Ahmadis, a minority sect of Islam that does not accept Mohammed as the
last prophet of Islam, also suffer from the religious policies in
Pakistan.
Another country in the Middle East imprisoned some 30 Christians for
distributing religious material just three months ago. There were
credible reports that these people were beaten while in jail.
In Nepal, Hinduism is the state religion and it is illegal to
convert. Several years ago a gentleman from Oklahoma was arrested for
distributing religious material. I worked with our government to get
him released from prison.
Just recently The American Coptic Association placed an ad in the
Washington Times highlighting the trials that they are going through. I
think there are something like 12 million Coptics in Egypt today.
Last summer our Government prepared a report on countries that engage
in violations of religious freedom. Some 77 countries were listed in
that report. I will include that report at the conclusion of my
statement.
This is a problem, and we in the Senate have the power to try to do
something to make improvements. That is what this bill is for. I
believe the International Religious Freedom Act has the potential to
significantly improve religious freedom throughout the world.
Mr. President, what was a mere resolution in 1996, I hope will become
a reality in 1998. While in 1996 we acted with words, I hope we can act
now with deeds by passing the International Religious Freedom Act.
I thank my colleague, Senator Lieberman, for his leadership, and
Senator Coats, who has worked on this very, very hard, and the 29
cosponsors that we have on this bill. I urge my colleagues to look at
this bill, and to work with us to see if we can't pass this bill and
make a very positive statement as the United States being a real leader
to promote religious freedom throughout the world. I thank my
colleagues for their patience.

[[Page S11332]]

I ask unanimous consent that a list of the countries that were
included in the report on human rights and persecution listed in 1997
be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

Countries Listed in 1997 Report on Christian Persecution

1. Afghanistan: Islam is the state religion. No
Proselytizing allowed by non-Muslims.
2. Algeria: Islam is the state religion. Islamic extremists
killed several Catholics in 1996.
3. Armenia: Laws forbid proselytizing except by the
Apostolic Church. All churches must register with the
government. Funding restrictions tightened so foreign-based
churches may not be supported by funds outside Armenia.
4. Austria: Registration requirements for recognition.
Recognition by the government means tax privileges. The
Jehovah's Witness have not been recognized by the government.
5. Azerbaijan: No proselytizing by foreigners in
Azerbaijan. Non-Orthodox Christian religions have credibly
complained of official harassment.
6. Bahrain: Islam is the state religion. Proselytizing by
non-Muslims is discouraged. Anti-Islamic writings are
illegal. Both the Sunni and the Shi'a Muslim are subject to
government control and monitoring.
7. Bangladesh: Islam is state religion. Foreign
missionaries may proselytize, but their right to do so is not
protected by the constitution. Many foreign missionaries have
problems getting visas.
8. Belarus: Government directive issued in 1995 limits
religious activity of foreign religious workers. The Orthodox
Church is granted tax and financial advantages not given to
other churches.
9. Belgium: The government provides subsidies to Catholics,
Protestants, Judaism, Islam, Anglicanism, and the Greek and
Russian Orthodox Church. Baptists and other evangelical
churches were denied recognition.
10. Bhutan: Buddhism is the state religion. Conversion is
illegal. Foreign missionaries are not allowed to proselytize,
but they can operate educational and humanitarian efforts.
11. Bosnia: The government has ignored Catholic church
burnings.
12. Brunei: Despite constitutional provisions providing for
the full and unconstrained exercise of religious freedom the
government routinely restricts non-Muslim religions by
banning the importing of religious material and prohibiting
proselytizing.
13. Bulgaria: Although the constitution calls for freedom
of religion the government restricts this right for some non-
Orthodox Christian groups. Mormons and the Jehovah's Witness
have reported acts of official harassment.
14. Burma: The government has imposed restrictions on
certain religious minorities. Christian bibles translated
into local languages cannot be imported, and it is difficult
to get permission to build churches and mosques.
15. Burundi: There is no restriction on religion. However,
religious leaders of the Hutu tribe have been arrested for
aiding Hutus rebels. Another religious leader was arrested
and has not been charged.
16. Cameroon: The government has registration requirements
and has verbally attacked the Catholic Church for being
supportive of the political opposition.
17. Central African Republic: Has a provisions of law
prohibiting religious fundamentalism which is understood to
be aimed at Muslims.
18. China: The government seeks to restrict religious
practice to government controlled and sanctioned religious
organizations. Leaders of house churches have been jailed and
beaten.
19. Colombia: Jehovah's Witness and members of the
Mennonite Church have complained that they are not allowed an
alternative to military service even though Colombia's
constitution calls for this.
20. Comoros: A government established council ensures that
its laws abide with the law of Islam. Non-Muslims are allowed
to practice their faith, but not proselytize.
21. Congo: Religious leaders have been jailed for
criticizing the government.
22. Croatia: The government discriminates against Muslims
in issuing documents.
23. Cuba: Although restrictions on religion have eased--
especially because of the Pope's visit--the government still
maintains a restriction on selling business machines to
Churches. Pentecostal Churches have been closed in the last
year.
24. Djibouti: Islam is the state Religion. Proselytizing
while not illegal is discouraged.
25. Egypt: Religious practices that conflict with Islamic
law are prohibited. Christians complain that their lives and
property are not adequately protected by the police. Converts
to Christ have been beaten and jailed.
26. Equatorial Guinea: Catholic clergy beaten & jailed for
political sermons.
27. Eritrea: General religious freedom, except the
Jehovah's Witness are denied government housing and
passports.
28. Estonia: Some disputes have arisen over its
registration requirements, but this has not hampered freedom
of religion.
29. Ethiopia: Skirmishes between religions have resulted in
claims by the Protestants that they are not being adequately
protected by the police.
30. France: Certain churches get government subsidies. Some
172 religions have been labeled as a criminal sect.
31. Germany: Certain churches get government subsidies.
32. Greece: Muslims complain the government is thwarting
their efforts to build a mosque in Athens. Mormons, Jehovah's
Witness and Scientologists have been arrested by the police
for proselytizing.
33. India: The government has refused to allow foreign
missionaries into the country for long stays since the 1960s.
Missionaries can stay for short periods of time on a tourist
visa only.
34. Indonesia: The government only recognizes five
religions (Islam, Catholics, Protestant, Buddhism and
Hinduism). Marriages performed outside of these religions
have difficulty being recognized. The Jehovah's Witness have
been banned.
35. Iran: There are religious restrictions on non Shiites.
Christians are arrested. Two Bahai men were killed under
circumstances that has led many to believe they were killed
for their beliefs.
36. Iraq: Restrictions on religion exist. There is a ban on
Muslims call to prayer in certain cities and bans on books
and funeral processions. Security forces are reported to have
killed between 40 and 500 religious pilgrims.
37. Israel: Jehovah's Witness have reported buildings being
looted, and complain that the police have not adequately
investigated these attacks.
38. Jordan: Non-Muslims can't proselytize to Muslims. Some
religions not recognized by the government.
39. Kazakstan: Foreign missionaries have complained of
harassment by low-level government officials.
40. Kenya: Government has interfered with religious
educations which it claims supported the opposition.
41. North Korea: Although the constitution calls for
freedom of religion the government discourages all religious
activity.
42. Kuwait: Islam is the state religion. The government
prohibits proselytizing among Muslims.
43. Kyrgyz Republic: The government does not always ensure
religious freedom. A Baptist congregation has been denied the
ability to register with the government.
44. Laos: The government restricts religious freedom. There
are reports of Christians being harassed. There are also
restrictions on the imports of foreign religious
publications.
45. Latvia: Religions are required to register. Jehovah's
Witness are denied registration. This makes it very difficult
for them as they are perceived as an illegal group.
46. Lebanon: Religious denomination determines who can hold
the highest positions in government.
47. Lithuania: While the government generally allows
freedom of religion, certain religions are having trouble
getting registered.
48. Malaysia: Islam is the state religion. There are some
restrictions on other religions.
49. Maldives: Severe restrictions on religion. Citizens are
required to be Muslim. Conversions may result in a loss of
citizenship. The practice of any other religion besides Islam
is prohibited.
50. Mauritania: Proselytizing by non-Muslims prohibited.
Conversion from Islam to another religion is prohibited.
51. Mexico: Local official do not always allow religious
freedom.
52. Moldova: A 1992 law contains restrictions on
proselytizing. Several Protestant religions are concerned
that this could inhibit their activities.
53. Morocco: Islam is the official religion. Attempts to
convert a Muslim are illegal and several Christian
missionaries have been expelled from Morocco for
proselytizing.
54. Nepal: Conversion and proselytizing are prohibited.
55. Nicaragua: Catholic Church bombings in 1996 blamed on
extremists..
56. Nigeria: Open-air religious services are banned.
Soldiers beat participants in an Easter-day parade.
57. Pakistan: Religious intolerance prevails. Blasphemy
laws make it difficult for other religions besides Islam to
grow. Proselytizing among Muslims is illegal.
58. Peru: Mormons harassed in Peru in 1996, problem
declining.
59. Romania: Problems with low-level government harassment
of several Protestant denominations.
60. Russia: Passed law that prohibits religious freedom in
1997. While this law is complex and contradictory, several
denominations have been punished by local authorities for
practicing their faith.
61. Saudi Arabia: No freedom of religion exists. The
government does not permit non-Muslim religious activities.
Police have been known to beat and jail those who do.
62. Serbia: Although there generally is freedom of
religion, the government gives preferential treatment to the
Orthodox Church.
63. Singapore: Jehovah's Witness are banned. Arrests have
been made of them.
64. Slovakia: Subsidies provided to registered churches.
65. Somalia: Proselytizing prohibited except for Muslims.
66. Sri Lanka: Buddhism is the official national religion.
Discrimination from the Buddhist clergy is often targeted at
Christian groups who have proselytized.

[[Page S11333]]

67. Sudan: Islam is the de facto state religion. There are
reports of forced conversion of Christians to Islam,
Christians are victims of slave raids and Christian children
being sent to reeducation camps. Muslims may proselytize, but
non-Muslims cannot.
68. Syria: The President of Syria must be Muslim. The
government discourages proselytizing. Jews are generally
barred from holding government positions. Reports indicate
that the government closely monitors worship services.
569. Tunisia: The government views proselytizing as an act
against public order. Foreigners suspected of proselytizing
are deported. The government controls mosques and pays the
salaries of the prayer leader.
70. Turkey: there is compulsory religious education for
Muslims. proselytizing is not illegal, but foreign
missionaries are sometimes arrested for disturbing the peace.
71. Turkmenistan: Churches are required to be registered by
the government. Requirements that the church have at least
500 adherents have hampered the efforts of some religions
from setting up legal religious organizations. Missionaries
arriving at the airport with religious material have had that
material confiscated.
72. Ukraine: An amendment to a 1991 law restricts the
activities of non-native churches. Local government officials
have impeded the efforts of foreign missionaries.
73. United Arab Emirates: Islam is the official religion.
Non-Muslims are free to worship, but may not proselytize, or
distribute religious material.
74. United Kingdom: Has a state religion. Blasphemy is
illegal although the law is not enforced. There is freedom of
religion.
75. Uzbekistan: Although the distribution of religious
material is legal, proselytizing is not. The government does
not register Christian groups of which they do not approve,
and has sought to control the Islamic hierarchy.
76. Vietnam: Only two Christian religions are approved by
the government--The Catholics and the Christian Missionary
Alliance. Police have raided house churches and harassed
ethnic Hmong Protestant for proselytizing.
77. Yemen: Islam is the state religion. There are
restrictions on the followers of other religions--They are
not allowed to proselytize. Security officials have been
known to censor the mail of Christian clergy who minister to
the foreign population.

Mr. NICKLES. Mr. President, I yield the floor.
Mr. BIDEN addressed the Chair.
The PRESIDING OFFICER (Mr. Sessions). The Senator from Delaware.
Mr. BIDEN. Mr. President, I ask unanimous consent to proceed for up
to 30 minutes as if in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________