[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] EXAMINING THE GOVERNMENT'S RECORD ON IMPLEMENTING THE INTERNATIONAL RELIGIOUS FREEDOM ACT ======================================================================= HEARING before the SUBCOMMITTEE ON NATIONAL SECURITY of the COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ JUNE 13, 2013 __________ Serial No. 113-41 __________ Printed for the use of the Committee on Oversight and Government Reform Available via the World Wide Web: http://www.fdsys.gov http://www.house.gov/reform U.S. GOVERNMENT PRINTING OFFICE 82-139 WASHINGTON : 2013 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202�09512�091800, or 866�09512�091800 (toll-free). E-mail, [email protected]. COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM DARRELL E. ISSA, California, Chairman JOHN L. MICA, Florida ELIJAH E. CUMMINGS, Maryland, MICHAEL R. TURNER, Ohio Ranking Minority Member JOHN J. DUNCAN, JR., Tennessee CAROLYN B. MALONEY, New York PATRICK T. McHENRY, North Carolina ELEANOR HOLMES NORTON, District of JIM JORDAN, Ohio Columbia JASON CHAFFETZ, Utah JOHN F. TIERNEY, Massachusetts TIM WALBERG, Michigan WM. LACY CLAY, Missouri JAMES LANKFORD, Oklahoma STEPHEN F. LYNCH, Massachusetts JUSTIN AMASH, Michigan JIM COOPER, Tennessee PAUL A. GOSAR, Arizona GERALD E. CONNOLLY, Virginia PATRICK MEEHAN, Pennsylvania JACKIE SPEIER, California SCOTT DesJARLAIS, Tennessee MATTHEW A. CARTWRIGHT, TREY GOWDY, South Carolina Pennsylvania BLAKE FARENTHOLD, Texas MARK POCAN, Wisconsin DOC HASTINGS, Washington TAMMY DUCKWORTH, Illinois CYNTHIA M. LUMMIS, Wyoming ROBIN L. KELLY, Illinois ROB WOODALL, Georgia DANNY K. DAVIS, Illinois THOMAS MASSIE, Kentucky TONY CARDENAS, California DOUG COLLINS, Georgia STEVEN A. HORSFORD, Nevada MARK MEADOWS, North Carolina MICHELLE LUJAN GRISHAM, New Mexico KERRY L. BENTIVOLIO, Michigan RON DeSANTIS, Florida Lawrence J. Brady, Staff Director John D. Cuaderes, Deputy Staff Director Stephen Castor, General Counsel Linda A. Good, Chief Clerk David Rapallo, Minority Staff Director Subcommittee on National Security JASON CHAFFETZ, Utah, Chairman JOHN L. MICA, Florida JOHN F. TIERNEY, Massachusetts JOHN J. DUNCAN, JR., Tennessee Ranking Minority Member JUSTIN AMASH, Michigan CAROLYN B. MALONEY, New York PAUL A. GOSAR, Arizona STEPHEN F. LYNCH, Massachusetts TREY GOWDY, South Carolina JACKIE SPEIER, California CYNTHIA M. LUMMIS, Wyoming PETER WELCH, Vermont ROB WOODALL, Georgia MICHELLE LUJAN GRISHAM, New Mexico KERRY L. BENTIVOLIO, Michigan C O N T E N T S ---------- Page Hearing held on June 13, 2013.................................... 1 Ms. Katrina Lantos Swett, Ph.D., Chair, U.S. Commission on International Religious Freedom Oral Statement............................................... 6 Written Statement............................................ 9 Mr. Thomas F. Farr, Ph.D.,Director of the Religious Freedom Project, Berkley Center for Religion, Peace, and World Affairs, Georgetown University Oral Statement............................................... 22 Written Statement............................................ 25 Ms. Tina Ramirez, President, Hardwired, Inc. Oral Statement............................................... 35 Written Statement............................................ 38 Mr. Amjad Mahmood Khan, Esq., Assistant National Director of Public Affairs, Ahmadiyya Muslim Community USA and A Vice President of the Ahmadiyya Muslim Lawyers Association USA Oral Statement............................................... 47 Written Statement............................................ 50 Mr. Chris Seiple Ph.D, President, Institute for Global Engagement Oral Statement............................................... 55 Written Statement............................................ 58 APPENDIX The Hon. Jason Chaffetz, a Member of Congress from the State of Utah, Opening Statement........................................ 82 EXAMINING THE GOVERNMENT'S RECORD ON IMPLEMENTING THE INTERNATIONAL RELIGIOUS FREEDOM ACT ---------- Thursday, June 13, 2013, House of Representatives, Subcommittee on National Security, Committee on Oversight and Government Reform, Washington, D.C. The subcommittee met, pursuant to call, at 10:10 a.m., in Room 2154, Rayburn House Office Building, Hon. Jason Chaffetz [chairman of the subcommittee] presiding. Present: Representatives Chaffetz, Lummis, Mica, Duncan, Gowdy, Woodall, Bentivolio, Issa, Lynch, Speier, and Kelly. Also Present: Representative Lankford. Staff Present: Brien A. Beattie, Majority Professional Staff Member; Molly Boyl, Majority Senior Counsel and Parliamentarian; Caitlin Carroll, Majority Deputy Press Secretary; Sharon Casey, Majority Senior Assistant Clerk; John Cuaderes, Majority Deputy Staff Director; Adam P. Fromm, Majority Director of Member Services and Committee Operations; Linda Good, Majority Chief Clerk; Mark D. Marin, Majority Director of Oversight; Laura L. Rush, Majority Deputy Chief Clerk; Scott Schmidt, Majority Deputy Director of Digital Strategy; Jaron Bourke, Minority Director of Administration; Devon Hill, Minority Research Assistant; Adam Koshkin, Minority Research Assistant; and Safiya Simmons, Minority Press Secretary. Mr. Chaffetz. Thank you. The committee will come to order. I would like to begin this hearing by stating the Oversight Committee mission statement. We exist to secure two fundamental principles: first, Americans have a right to know that the money Washington takes from them is well spent and, second, Americans deserve an efficient, effective Government that works for them. Our duty on the Oversight and Government Reform Committee is to protect these rights. Our solemn responsibility is to hold Government accountable to taxpayers, because taxpayers have a right to know what they get from their Government. We will work tirelessly in partnership with citizen watchdogs to deliver the facts to the American people and bring genuine reform to the Federal bureaucracy. This is the mission of the Oversight and Government Reform Committee. Good morning, and I thank everybody in attendance here to talk about this hearing's topic, which is Examining the Government's Record of Implementing the International Religious Freedom Act. Now, unfortunately, as you look at this panel, we have some very distinguished people who have done some great work in this field, who are great experts and care passionately about this issue. At the same time, we are sincerely disappointed that the State Department decided not to make their witness available. Ambassador Cook was invited to attend. We think this would have been a valuable part of the dialogue. On May 30th, 31st, the very end of the month, State Department confirmed verbally that the Ambassador at Large for International Religious Freedom, again, Ambassador Suzan Johnson Cook, would be available to testify at the June 13th hearing. Based on that, we sent a letter to Secretary Kerry, on June 5th, requesting the ambassador's testimony at the hearing. When we confirmed that I would insist on a one panel structure, State withdrew the ambassador from the hearing, citing what they claim is a longstanding State policy of not permitting their witnesses to testify on the same panel as non-government witnesses. Although the U.S. Commission on Religious Freedom also raised concern about having Chairwoman Katrina Lantos Swett on the same panel as non-government witnesses, we still requested that we have one panel. We believe it is a more effective, efficient way to conduct a hearing; it allows members of Congress to ask pertinent questions. And to suggest that we have to have two panels, as opposed to one panel, seems a ridiculous use of the Congress' time and efforts. So they have made this choice. But I do want to highlight that on October 7th, 2012, the ambassador sat on a panel again with Chairwoman Swett and an Italian professor. In fact, here is a picture of the two of them sitting next to each other on the panel. And just because it is the United States Congress they decide that they can't sit and testify and talk about issues next to each other. It is obviously the practice of the State Department to do this. In fact, Transportation and Infrastructure Subcommittee on Coast Guard and Maritime Transportation hearing on combating privacy, on April 10th, 2013, Assistant Secretary of State for Political Military Affairs Andrew Shapiro testified on the same panel as Mr. Neil Smith, the head of underwriting for Lloyds Market Association, a private concern in London. So it is obviously the practice of the State Department to allow their State Department employees to testify with private sector people on the same panel. They have done it in Congress; they have done it in private settings. But somehow, before the Oversight Committee, they are electing not to make their witness available. Consequently, I don't believe that this will be as full of a hearing as it could possibly be. It will be a better discussion. This should not be contentious. But there are issues that we need to address as the United States Congress. This is terribly disappointing. It is a waste of the Congress' time. And when we know that she was available to attend, to not make that witness here available today is just inexcusable. With that, I will yield to the ranking member, Mr. Lynch, from Massachusetts. Mr. Lynch. Thank you, Mr. Chairman. I want to thank the witnesses who are here for your cooperation and willingness to help the committee with its work. Let me take the procedural issue first, the one that the chairman has illuminated for us. If I could just amplify, in defense of the Secretary of State, this has been a practice for a long, long time. I remember when I was the chair of the subcommittee on this committee and I was trying to consolidate the hearing to make it more effective and efficient. I tried, myself, to get Bush administration officials to come in; they insisted on the identical protocol, which is that the executive branch agencies and representatives would testify separately. Some of the agencies refused to sit alongside union officials who were called to testify because of the adversarial nature of those positions. There was also the fear that there would be crossfire, which is entertaining for us, but uncomfortable for the executive branch. So this protocol has been in place for a long, long time. So let me defend the Secretary of State and also the Administration for continuing this practice that has been in practice for a long, long time. It is frustrating, but sometimes that is how democracy is, and hopefully at some point we will be able to at least get some cooperation on matters that are non-adversarial, which I think this hearing qualifies. Thank you, Mr. Chairman. Congress passed the International Religious Freedom Act in 1998 to establish international freedom as a key objective of U.S. foreign policy. The bill passed with widespread bipartisan support. A GAO report issued in March on the implementation of the bill found that the Act was largely implemented faithfully and properly. The Office of International Religious Freedom, which operates within the Department of State and is headed by the Ambassador at Large, assists the Secretary of State with promoting religious freedom and designating certain countries that fail to do so as countries of particular concern. The Independent Commission on International Religious Freedom conducts reviews of violations of religious freedom and publishes an annual report, among other duties. The GAO did, however, point out two problems that have diminished the impact of the promotion of international religious freedom since 1999: first, GAO noted that the Ambassador at Large for International Religious Freedom has always had a lower organizational status within the State Department than other ambassadors at large. Despite the State Department's own guidelines stating that the Ambassador at Large outranks the assistant secretaries, in practice, however, the Ambassador at Large for International Religious Freedom reports to the Assistant Secretary for Democracy, Human Rights and Labor. This was true when the position was created in 1999; it has persisted through the Bush Administration and continues to this day. Secondly, GAO found that the International Religious Freedom Act failed to define how State and the Commission on International Freedom should interact, leading at times to unnecessary tensions within foreign governments. These challenges have also existed under multiple administrations, secretaries of state, and ambassadors. As Dr. Lantos Swett states in her written testimony, neither Republican nor Democratic administrations have fully utilized IRFA as the key foreign policy tool as it was intended to be. This is unfortunate and we can do better. Every human being has the right to freedom and of the freedom from religion, and ensuring these rights are upheld and protected worldwide should be a key component to American foreign policy. With that, I yield back the balance of my time. Mr. Lankford. [Presiding.] Well, thank you and good morning. I am going to make a quick opening statement as well, and then we will move straight on to your statements also. Religious freedom, as we know well, is a core American value. It is often referred to as our first freedom because of its prominent place at the beginning of our Constitution, the First Amendment. But religious freedom isn't just an American value; it is also recognized around the world as a fundamental human right codified in the Universal Declaration of Human Rights. Religious freedom is about more than just religious beliefs; it is about an individual freedom of conscience, that is, the right to believe or not to believe whatever one chooses, without fear of retribution from those who disagree. That is something every American, religious or otherwise, should care about. It is an indispensable cornerstone of democracy, liberty, and social harmony. A particular government society is intolerant of minority religious belief, there is a pretty good chance it will be equally intolerant of other beliefs that may not fit the norm, whether in politics, economics, or science. Religious freedom, therefore, should be a nonnegotiable tenet of life in our modern world. Yet violations of religious freedom are all too common in the world today. As we speak, untold millions of people face discrimination, prison, torture, and even death for no other reason other than they hold on to a religious belief that is different from their fellow citizens, their government, or both. That is why, in 1998, Congress passed the International Religious Freedom Act. Congress' intent was to elevate the status of religious freedom in the halls of the American foreign policy rhetorically and institutionally. The Act created a new International Religious Freedom Office within the State Department and a new ambassador at large to lead it. It also created the Independent U.S. Commission on Religious Freedom to work cooperatively with the State Department in order to advance the cause of religious freedom around the world. One of the functions of this subcommittee and of the Oversight and Government Reform Committee as a whole is to make the Government work more efficiently and effectively. That means we aren't just interested in hearing about how many reports the Government has produced or how many meetings it has held. Rather, we want to hear about outcomes that the Government has achieved. Have the institutions' policies and procedures put in place as a result of the International Religious Freedom Act actually resulted in more religious freedom? In other words, is this working? Unfortunately, the available data is not encouraging. According to a study by the Pew Research Center, 75 percent of the world's population lives under high or very high levels of religious restrictions, up from 68 percent in 2007. Thirty- seven percent of the countries in the world place high or very high restrictions on religion, up from 29 percent over the same period. This data indicates we are moving in the wrong direction, something confirmed by just watching or reading the news. Equally discouraging is the apparent lack of substantive action by the State Department to champion religious freedom abroad. According to a recent GAO study, the Ambassador at Large, who Congress intended to be the Secretary's principal advisor in religious freedom, reports to a mid-level official in the State Department, many levels below the Secretary. The Secretary has not made any designation of countries of particular concern for violations of religious freedom since 2011, despite the fact that the Act requires it annually and billions of U.S. dollars and U.S. taxpayer funds continue to flow each year to countries that routinely and egregiously violate religious freedom and human rights. Would any of us be surprised to learn that other countries no longer take seriously when we condemn particular violations of religious freedom? Now, I do understand the State Department has to balance a lot of competing national interests, but what I cannot understand is how standing up for a core value like religious freedom should not be at the top of the priority list. This is all the more true in a time when we are locked in a struggle against religious extremism and violence. It is not a coincidence that the most dangerous extremist movements today have emerged from countries with the worst records on religious freedom. I expect we will hear more from our witnesses today about the important link between promoting religious freedom and combating religious extremism. I hope that our discussion today will give us a better idea of what progress we have made in those 15 years since the passage of the IRFA, and I look forward to hearing from our distinguished witnesses. Mr. Lankford. Now let me get a chance to be able to introduce our distinguished witnesses, and any other members that would like to make an opening statement can submit that for the record and will have seven days to do that. On our panel today, Dr. Katrina Lantos Swett is the Chair of the United States Commission on International Religious Freedom and President and CEO of the Lantos Foundation for Human Rights. For those who don't know, Dr. Swett is the daughter of the late beloved Congressional icon, the Honorable Tom Lantos. I also want to follow up on what Mr. Chaffetz said, as well, and note that unlike the State Department, the Commission on Religious Freedom graciously agreed to appear on a panel with other non-governmental witnesses, and we do thank you for being here today. Dr. Thomas Farr is the Director of Religious Freedom Project, the program on religious and U.S. foreign policy at Georgetown's Berkley Center for Religion, Peace, and World Affairs. Dr. Farr has served in both the U.S. Army and the Foreign Service. As an Army officer he taught history at West Point and served as Adjutant General of the Army's Transportation Command in Europe. He has served as the first director of the State Department's Office of International Religious Freedom starting on 1999. Thanks for being here. Ms. Tina Ramirez is the President and Founder of Hardwired, Incorporated, a nonprofit organization dedicated to advancing religious freedom law and policy worldwide. She most recently served as Director of International and Government Relations for The Becket Fund for Religious Liberty and helped found the International Religious Freedom Caucus here in the House of Representatives. Thank you for being here. Mr. Mahmood Amjad is the Assistant National Director of Public Affairs for the Ahmadiyya Muslim Community and Vice President of the Ahmadiyya Muslim Lawyers Association in the United States. He also works as a litigation associate for a prominent D.C. law firm. Thank you for being here. Dr. Chris Seiple is the President of the Institute for Global Engagement, a research education diplomatic institution that builds sustainable religious freedom worldwide through local partnerships. A former Marine infantry officer, Dr. Seiple's last posting was to the Pentagon, where he was a member of the Strategic Initiatives Group, an internal think tank for the commandant of the Marine Corps. I also want to acknowledge the presence of Tom Lantos' widow here today. We are honored to have you here today. You are always welcome. Pursuant to committee rules, all witnesses will be sworn in before they testify. If you would please stand and raise your right hand. Do you solemnly swear or affirm the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you, God? [Witnesses respond in the affirmative.] Mr. Lankford. Thank you. Let the record reflect all witnesses answered in the affirmative. You may be seated. In order to allow time for discussion, we would ask you to limit your testimony to five minutes. If any of you have not testified before, the basic ground rules are there is a little clock in front of you. There are also lights that are green, yellow, red. That is a pretty good sign. Green means go; red means stop. You will have about five minutes. If you go a couple seconds over, I am quite sure we will give mercy. Of all places we would demonstrate mercy, it would be in a conversation about religious freedom. But we would like you to be as close as you can to that time period to allow time for conversation and questions. Dr. Swett, we will recognize you first. WITNESS STATEMENTS STATEMENT OF KATRINA LANTOS SWETT, PH.D. Ms. Lantos Swett. Thank you so much. I am delighted to be here. Before I begin my formal testimony, I just want to say that it is both a privilege to appear before this committee, a privilege to appear with these distinguished colleagues, and I want to give a particular hello to Congresswoman Speier. We have known each other as friends for many decades and you are doing such an admirable job following my late father's footsteps. So it is really a delight to be here with you as well. Thank you all, members of this committee, for holding this hearing, and I do request that the balance of my testimony, the written testimony, be submitted for the record. Mr. Lankford. Without objection. Ms. Lantos Swett. Religious freedom is a pivotal human right affirmed by our Nation and international treaties and obligations. It is also crucial to our security and the world's, especially the post-9/11 world. Simply stated, religious freedom abuses often trigger violent religious extremism, including terrorism, and many governments, including those that top our foreign policy and security agendas, either perpetrate or tolerate such abuses. I hope my testimony helps underscore the importance of promoting religious freedom and utilizing the tools that the International Religious Freedom Act, IRFA, provides. By using these tools, and, frankly, I believe they have never been fully used, the U.S., both the executive branch and Congress, can encourage respect for this right and address factors driving religious repression and extremism. In October 1998, IRFA became law due to concerns about religious persecution worldwide and the perception that religious freedom was a neglected human right. IRFA includes three mechanisms that monitor religious persecution abroad: an Ambassador at Large for International Religious Freedom within the State Department; a bipartisan and independent USCIRF, of which I serve as chair; and a country of particular concern, CPC, designation for nations engaged in or tolerating systematic, ongoing, and egregious violations. IRFA created USCIRF as an independent, bipartisan body distinct from the State Department to monitor religious freedom worldwide and make policy recommendations to the President, Secretary of State, and Congress. Far from duplicating the State Department's work, USCIRF's independence allows it to speak publicly and, may I say, more freely about violations and recommend U.S. engagement. One of USCIRF's chief responsibilities is to recommend to the State Department countries it should designate as CPCs for their systematic, ongoing, and egregious abuses. In its 2013 report, USCIRF recommended that the State Department redesignate the following countries as CPCs: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, and Uzbekistan; and found that seven others also meet the CPC threshold and should be so designated by State: Egypt, Iraq, Nigeria, Pakistan, Tajikistan, Turkmenistan, and Vietnam. Unfortunately, neither Republican nor Democratic administrations have designated CPCs in a timely manner, and they generally have imposed preexisting sanctions, not unique actions. The Bush Administration issued several designations in its first term, but allowed the process to fall off track in its second; and the Obama Administration issued designations only once during its first term. Under IRFA, countries remain designated until removed, but any corresponding penalties expire after two years. The countries currently designated were named in August of 2011. Given the two-year life span of any CPC-associated sanctions, we urge that the presidential actions not expire this August, as they will if no action is taken. We continue to believe that when combined with the prospect of sanctions or other actions, CPC designations can move repressive governments to undertake critical changes. Unfortunately, the State Department has issued indefinite waivers on taking any action against two currently designated CPCs, Uzbekistan and Saudi Arabia. And by relying on preexisting sanctions, such double-hatting, in effect, provides little incentive for CPC designees to reduce or cease violations. My written testimony includes other recommendations in accordance with IRFA. They include, as you have suggested, giving the Ambassador at Large direct access to the President and Secretary of State; creating and filling a director level religious freedom position at the National Security Council; the Secretary of State compiling a list of prisoners persecuted abroad on account of their faith; the President identifying officials responsible for religious freedom abuses and, where appropriate, publishing their names in the Federal Register; and our diplomats receiving training to promote religious freedom abroad. While such training now is voluntary, it should be mandatory for diplomats, as well as relevant members of the military. Because we, of all people, know what happens when religious extremism is exported as terrorism, USCIRF urges our Government to prioritize religious freedom not only as a core human right, but a vital part of any security-driven counter-extremism strategy. And I believe I might have exceeded my time already, so I will defer the rest of my oral testimony, but look forward to touching on those things that I wasn't able to in our discourse. [Prepared statement of Ms. Lantos Swett follows:] [GRAPHIC] [TIFF OMITTED] T2139.001 [GRAPHIC] [TIFF OMITTED] T2139.002 [GRAPHIC] [TIFF OMITTED] T2139.003 [GRAPHIC] [TIFF OMITTED] T2139.004 [GRAPHIC] [TIFF OMITTED] T2139.005 [GRAPHIC] [TIFF OMITTED] T2139.006 [GRAPHIC] [TIFF OMITTED] T2139.007 [GRAPHIC] [TIFF OMITTED] T2139.008 [GRAPHIC] [TIFF OMITTED] T2139.009 [GRAPHIC] [TIFF OMITTED] T2139.010 [GRAPHIC] [TIFF OMITTED] T2139.011 [GRAPHIC] [TIFF OMITTED] T2139.012 [GRAPHIC] [TIFF OMITTED] T2139.013 Mr. Lankford. Thank you, Doctor. Ms. Lantos Swett. Thank you very much. Mr. Lankford. Dr. Farr. STATEMENT OF THOMAS F. FARR, PH.D. Mr. Farr. Thank you, Mr. Chairman, members of the subcommittee. Thank you for calling this important hearing and giving me the opportunity to speak. This is the first and only congressional oversight hearing on the operation of the IRFA since its passage in 1998. I applaud you for taking this on. Let me add, however, that it is very unfortunate that the Administration has decided that this hearing is not important enough to send a representative. As you will see, I consider this unfortunately symptomatic of the Administration's view of international religious freedom policy. I want to address four questions this morning: Why do we have an international religious freedom policy? How are we doing? What explains our shortcomings? And how can we improve? Let me begin by giving you two rationales for IRFA. First, advancing religious freedom is the right thing to do. Studies by the Pew Research Center show that unjust restrictions on religious individuals and groups, as well as violent persecution, have steadily increased in recent years. The results have been catastrophic for millions of human beings in many societies. This tragedy provides a clear moral and humanitarian basis for U.S. policy. But, second, advancing international religious freedom can increase America's national security. There are approximately 70 countries where restrictions on religion are severe. That list of countries includes virtually all the nations whose internal stability, economic policies, and foreign policies are of vital concern to the United States, including Iran, China, Syria, Iraq, Afghanistan, Pakistan, and Egypt. Increasing religious freedom in these countries can undermine religion-related violence and terrorism, promote economic growth, and help democracy to route and remain stable. If the United States could move these nations toward religious freedom, we would be helping the victims of persecution and increasing our national security at the same time. Mr. Chairman, the Pew studies strongly suggest an answer to the second question concerning the effectiveness of U.S. policy. Notwithstanding the hard creative work of the State Department's Office of International Religious Freedom, it would be difficult to name a single country in the world over the last 15 years where American religious freedom policy has helped to reduce religious persecution or to increase religious freedom in any substantial or sustained way. In fact, the Pew reports make it clear that in most of the countries where the United States has poured blood, treasure, and diplomatic resources, levels of religious freedom are declining and religious persecution is rising. So what is the explanation for this ineffectiveness? Let me give you two. First, the anemic, largely rhetorical methodology employed by all three administrations under which IRFA has operated; second, a loss of conviction among policymakers that religious freedom is the first freedom. None of the administrations responsible for IRFA has adopted a robust view of the policy mandated by the law; each has assumed a narrow, highly rhetorical approach characterized by reports, speeches, lists of severe persecutors that have little effect, and a State Department activity known as raising the issue, which should not be confused with solving the problem. IRFA has driven some internal progress at State, but there is no comprehensive U.S. strategy in place to advance religious freedom in the Muslim world or elsewhere. While Congress appropriates millions of dollars annually for democracy and counterterrorism programs, little of that money is spent on promoting religious liberty. Let me name three obstacles to a robust religious freedom policy in the Department. First, the annual reports are good, but they are mostly descriptive narratives, largely unconnected to strategies or programs. They cannot and do not, by themselves, reduce persecution or advance freedom. Second, U.S. diplomats are not trained to know why religious freedom is important and how to advance it. The Department has begun a training program on religion and foreign policy, where I have been honored to teach, but it remains voluntary, ad hoc, and weak on religious freedom. Third, all of the ambassadors at large for religious freedom have been and remain isolated within the State Department and severely under-resourced. Given these and other problems, it is hardly surprising that neither U.S. diplomats nor foreign governments see religious freedom as a priority for the United States. So why have three administrations failed to make this policy a priority? The overarching explanation, in my view, is that a significant proportion of our officials no longer believe that religious freedom is the first freedom. For America's founding generation and most generations since, religious freedom was believed necessary for the well-being of all individuals and societies. In particular, religion in the public square was considered crucial for the health of democracy. Many of our foreign policy leaders today, however, see religious freedom as a private matter, with few legitimate public purposes. For some, religious liberty is in no sense necessary to individuals and societies; rather, it is merely one in an ever growing list of rights claims, in this case a claim of privilege by religious people that must be balanced against all other such claims. Such views are reflected in domestic positions taken by the Obama Administration, but also in its foreign policy. In a 2009 speech, Secretary of State Clinton insisted that ``to fulfill their potential, people must be free to worship and to love in the way that they choose.'' Note that Secretary Clinton evokes the freedom to worship, not religious freedom. But worship is essentially a private activity, with few, if any, civic or public policy implications. She implies that a right to love is a comparable right. The Obama Administration has weighed religious freedom against other right claims it believes important, such as the right to contraceptives and abortifacients or to same sex marriage, and has found religious freedom to be an inferior right. This helps to explain why, in its foreign policy, the Administration has applied far more energy in its international pursuit of a right to love than it has religious freedom. It also helps to explain why our religious freedom policy is weak and under-resourced. Let me close quickly with five amendments I would propose to the IRFA that would remove some of the internal obstacles to a more effective religious freedom policy. First, mandate that the Ambassador at Large report directly to the Secretary of State. Second, give the Ambassador the resources he or she needs to develop strategies for key countries around the globe. This need not, and I want all of you to hear this, please, involve the appropriation of new monies, but the allocation of existing appropriations for programs such as democracy promotion and counterterrorism. Third, make training of American diplomats mandatory at three stages: first, when they enter the foreign service; second, when they receive area studies training, prior to departing for post; and, third, when they become deputy chiefs of mission and ambassadors. Fourth, require the State Department issue the list of countries of concern annually, along with a comprehensive analysis of all the policy tools applied in each of these countries, including programs that target democratic stability, economic growth, and counterterrorism. Finally, require the Department to respond in writing to the U.S. Commission on International Religious Freedom to their recommendations. At the same time, require the Commission to pay greater attention to why the United States is not succeeding in advancing religious freedom. Thank you for having me here today. [Prepared statement of Mr. Farr follows:] [GRAPHIC] [TIFF OMITTED] T2139.014 [GRAPHIC] [TIFF OMITTED] T2139.015 [GRAPHIC] [TIFF OMITTED] T2139.016 [GRAPHIC] [TIFF OMITTED] T2139.017 [GRAPHIC] [TIFF OMITTED] T2139.018 [GRAPHIC] [TIFF OMITTED] T2139.019 [GRAPHIC] [TIFF OMITTED] T2139.020 [GRAPHIC] [TIFF OMITTED] T2139.021 [GRAPHIC] [TIFF OMITTED] T2139.022 [GRAPHIC] [TIFF OMITTED] T2139.023 Mr. Chaffetz. [Remarks made off microphone.] STATEMENT OF TINA RAMIREZ Ms. Ramirez. Mr. Chairman and members of the committee, thank you for allowing me the opportunity to come before you today and provide this testimony. I would like to ask that my full statement be submitted for the record. Mr. Lankford. Without objection. Ms. Ramirez. The question before the committee today is whether the U.S. Government has been effective in implementing the International Religious Freedom Act of 1998 and, if not, then what has happened to American leadership and what can be done to strengthen it. To respond to the first part of this question, one thing is absolutely clear: religious freedom has more often than not, as you have heard today, been treated as an annoying thorn in our side, something we are obligated to address out of duty rather than genuine concern. We fail to recognize that violations of religious freedom are a symptom of a deeper cancer that must be addressed for human freedom and rights-based societies to flourish. This has been true of every administration since 1998, as has been noted. So what has happened to American leadership on international religious freedom? In highlighting the situation of the current administration, it is important to begin by recognizing some positive steps that have been taken: the President raised the persecution of Rohingya Muslims recently with the Burmese president; Secretary Kerry condemned anti- Semitic remarks by the Turkish prime minister; and the State Department worked to defeat the Defamation of Religions Resolution at the United Nations. Important steps. However, unfortunately, other actions and policies inconsistent have given religious freedom advocates, foreign governments, and the general public the impression that religious freedom is simply a low priority for our Government. For instance, the delayed appointment of the current Ambassador at Large, two and a half years into the first term of the President; the Ambassador's demoted rank; the Administration's calls to negotiate with state sponsors of terrorism, coupled with the failure to respond quickly and decisively when peaceful protesters in Iran, Egypt, and Syria look for international support; providing support to opposition groups in Syria, but not opposition groups in Burma, even though ethnic cleaning and genocide are occurring there; the recent waiving of conditions on aid to Egypt and the persistent national security waivers for Saudi Arabia; the infrequent discussion of religious freedom in meetings between the President and foreign governments, such as in recent visits with the Turkish prime minister or the Chinese president, in Turkey, in particular, the absence is well noted with the situation today; the consideration by the State Department to ease visa restrictions despite requirements in IRFA that they not do that for people that have been involved in egregious violations of religious freedom. They have been considering easing visa restrictions on Narenda Modi, chief minister of Gujarat State, who is responsible for the egregious persecution of Muslims there and more recently has invited a delegation of top Sudanese officials, led by presidential advisor Nafi ali Nafie, also known as the Butcher of Sudan, to the White House; and, of course, the failure to designate any countries of particular concern since 2011. In addition to this list, one can note the comments by my colleague, Tom Farr, related to the absolute absence of any concern for religious freedom by State Department officials. Despite the best intentions, as religious persecution continues to worsen each year, with 5.1 billion people living under egregious persecution, it seems that the policy is simply not working. Therefore, what can be done to strengthen American leadership on this issue? An effective U.S. religious freedom policy requires both presidential leadership and implementation by the State Department and other officials. I have highlighted implementation in the current administration, but the problems I raise reflect a deeper problem of how this raise is perceived, which must be addressed universally throughout Government. Religious freedom is not just about religious people; it is a right of conscience for people of all faiths and none; it is a freedom for those suffering from religious oppression as well as religious persecution; it protects an individual's beliefs, whatever those beliefs may be; and it protects them from being forced to adopt beliefs that contradict their conscience; it is the first thing often to go, as you have noted, when autocratic governments want to oppress their citizens and silence dissenters, minority communities or those they consider undesirable elements of society, as we have seen throughout history. Because religious freedom provides a foundation for the conscience of a nation that undergirds every human right, dismissing it in our foreign policy is simply shortsighted. This is why, when the U.S. Government issues waivers for countries that violate religious freedom, it is sending a mixed message. Essentially, despite the fact that religious freedom can't be suspended under international law, it is a non- dirigible human right, we are inadvertently saying that we believe it is a negotiable right when it comes to our national interests. This is a problem. Therefore, without a comprehensive, strategic, and consistent policy, brutal regimes will slide back into their old habits and instability will increase worldwide. Outdated policies and responses will simply not work with today's challenges. Taking the time to develop a strong offensive and proactive policy is difficult, but it will save us money and diplomatic energy in the long run because it will help build more stable rights-based societies that reduce the need for international interventions. This is why, in 2007, I worked with Congressman Frank Wolf to secure the first funding designated for religious freedom programming, which, although mandated under IRFA, had never been implemented for 10 years. I also found that there were no required training programs in religious freedom for foreign service officers in the Diplomatic Corps, as provided under IRFA, so we tried to work to do something on that. Of course, as Tom has noted, it is still in process at the State Department. There are two policies that I think are important for the U.S. Government to consider right now, and I have listed a number of them in my formal testimony that you can see. The two that I would like to highlight are, number one, the U.N. Special Rapporteur for International Religious Freedom, our key ally in this fight, has been understaffed and resourced at the U.N. So the main person internationally that should be working with us to actually change policy is not even being supported by the United Nations. For an organization that we support substantially fiscally, that should be remedied. And the U.N., because they are supposed to be such a champion of religious freedom and human rights, why don't we call on them to issue a decade for religious freedom and see what they actually will do? Thank you. [Prepared statement of Ms. Ramirez follows:] [GRAPHIC] [TIFF OMITTED] T2139.024 [GRAPHIC] [TIFF OMITTED] T2139.025 [GRAPHIC] [TIFF OMITTED] T2139.026 [GRAPHIC] [TIFF OMITTED] T2139.027 [GRAPHIC] [TIFF OMITTED] T2139.028 [GRAPHIC] [TIFF OMITTED] T2139.029 [GRAPHIC] [TIFF OMITTED] T2139.030 [GRAPHIC] [TIFF OMITTED] T2139.031 [GRAPHIC] [TIFF OMITTED] T2139.032 Mr. Chaffetz. Mr. Amjad? STATEMENT OF AMJAD MAHMOOD KHAN Mr. amjad. Mr. Chairman, members of the subcommittee, thank you for inviting me to testify here today before this committee. I want to, first of all, convey the regrets of Amjad Khan, who was supposed to be here originally and could not make it because of travel difficulties. I also want to specially recognize Congresswoman Speier, who has been a long-time friend of our community. I also want to request permission from the committee to submit the full extent of our remarks for the record. Mr. Lankford. Absolutely. Without objection. Mr. Amjad. Thank you. So I will make three main points today. First, I will discuss the strengths of the International Religious Freedom Act and the ways in which it has benefitted out community; second, I will touch upon the Act's key role in enhancing national security; and, finally, I want to discuss a few of the ways in which the Act can be made even more effective. Before I delve into these points, allow me to very briefly introduce our community to you. The Ahmadiyya Muslim Community is a revivalist movement within Islam that espouses the motto of love for all, hatred for none. As a central tenet of its faith, the community rejects violence and terrorism for any and all reason. When violent extremists label their acts of terrorism as jihad, it is the Ahmadiyya Muslim Community that is usually first and most forceful in its denunciation, focusing on both conveying true Islamic teachings to Muslims around the world, as well as removing misconceptions of Islam in the West. Today, our community is established in more than 200 countries and its tens of millions of adherents will follow the only spiritual caliph in the Muslim world, His Holiness Mirza Masroor Ahmad, who resides in London. Our community is arguably the most persecuted Muslim community in the world, as has been recognized by the U.S. State Department, the U.S. Commission on International Religious Freedom, and dozens of human rights non-governmental organizations. Over the past decade, hundreds of Ahmadi Muslims have been murdered in Pakistan, and dozens more in other countries around the world. Indeed, in 2010 alone, 99 Ahmadi Muslims were murdered in Pakistan, the deadliest year ever for the community. In Pakistan, our community is declared to be non- Muslim by constitutional amendment and is effectively barred from participating in national elections, such as the one that took place last month to elect a new government. It is clear, then, that the International Religious Freedom Act is a critical piece of legislation for our community, which brings me to my first main point: how the IRFA has helped our community and its strengths. The Act has helped to raise awareness within those countries in which Ahmadi Muslims, and indeed all religious minorities, face persecution, as well as in the United States, where organizations like the U.S. Commission for International Religious Freedom under the able leadership of Dr. Swett and The Becket Fund for Religious Liberty has advocated for the release of Ahmadi Muslim prisoners of conscience and the protection of their rights to practice their faith freely, and without fear of government or extremist reprisal. My second main points relates to the underappreciated role of the IRFA in enhancing our national security. Today, violent extremism is perhaps the central threat to U.S. national security, both at home and our embassies and military installations abroad. And while terrorism has nothing to do with religion, those who carry out these acts are often brainwashed into believing that they somehow serve a religious purpose. This is true for terrorists everywhere who rely on religious justification. As it relates to the Islamic world, by enhancing the freedom of minority sects and protecting scholars at risk, the IRFA can help restore pluralism to Muslim-majority countries. By virtue of the Act, the ulema, the scholars, who support acts of violence can be challenged not just on moral grounds, but based on international human rights principles that are consistent with Islamic law, thus removing misconceptions from the mass public that have persisted, unchecked, for decades. Having noted some of the IRFA's benefits and strengths, both intrinsically and in the struggle against violent extremism, I now wish to bring to the committee's attention my final main point: ways in which this Act can be strengthened, not just to further its core purpose, but to help save lives, to help other nations establish their own religious freedoms, and perhaps one day make the Act itself unnecessary. I note five areas of improvement. The first area of improvement relates to information flow and content at the U.S. State Department's various bureaus and embassies and consulates. Despite our ever-readiness to provide information to the Department, its written correspondence is sometimes wrought with errors concerning the persecution cases with which it deals. Some of this must be attributed to unclear information on the ground but, simply put, the political officers assigned to the International Religious Freedom portfolio, often first-and second-tour professionals, must be given more training and emphasis on this subject. Their training should include more practical procedural instruction so that all officers, irrespective of cone or assignment, are able to advocate for human rights and religious freedom, and understand how to interact with religious communities' representatives in the United States, gather information in the host countries, and take action. The second area of improvement relates to responsiveness. Desk officers, regional bureaus, and overseas posts are sometimes non-responsive for long stretches of time to acute requests for assistance in countries that have seen the worst violations of international religious freedom. For example, despite briefings by our community, the U.S. Embassy in Saudi Arabia has provided only limited assistance and support relating to the release of two Saudi nationals and Ahmadi Muslim prisoners of conscience, who I am sad to report are still languishing in jail, without charge, for more than one year, and this despite a law on the books capping such confinement to six months. So while our community fully appreciates the tremendous strain and workload placed on embassies abroad, I believe a greater level of responsiveness to the concerns of vulnerable religious communities can go a long way in achieving U.S. engagement on acute issues of religious persecution. The third area of improvement relates to prioritization. International religious freedom, despite being a portfolio item, usually takes a back seat to security, democratization, and even economic issues like energy security. The tragic events of 9/11 have taught us that we must make human rights and religious freedom a tier one issue in countries that we dub state sponsors of terrorism. Only when we break the hold of religious domination by extremist clerics will there be a viable opposition or alternative for the massages in those countries. Consistent with U.S. law and policy, under the current Leahy Process, the State Department vets its assistance to foreign security forces to ensure that recipients have not committed gross human rights abuses. When the vetting process uncovers credible information that an individual has committed a gross violation of human rights, U.S. assistance is withheld. It is unclear whether violations of international religious freedom constitute a gross violation of human rights for purposes of the Leahy Process, but, in my view and recommendation, they should. Let me briefly touch on the final two areas. The fourth area of improvement relates to feedback and the need for a feedback loop and admin and enhanced communications that could be made with a concerned community upon the release of a country's report. The final area of improvement relates to structure. Currently, the Ambassador at Large for International Religious Freedom has not been vested with the necessary authority and, as has been covered here by other witnesses, must be empowered to directly assist with the implementation of recommendations related to the persecution of international religious freedom. In conclusion, let me say that the primary source of our community's persecution is religious extremists who espouse a militant perversion of Islam. Our community strongly believes that all such religious extremism must be cut at its root, and we welcome all and any and all efforts by the U.S. Government to redress global restrictions to international religious freedom. The IRFA provides vital safeguards to protect a fundamental universal human right, and while we wholeheartedly support the Act, we hope that Congress urgently improves upon its limitations and shortcomings in a manner that strengthens the Act's original mandate. Our community stands ready to assist in this process. Thank you very much. [Prepared statement of Mr. Amjad follows:] [GRAPHIC] [TIFF OMITTED] T2139.033 [GRAPHIC] [TIFF OMITTED] T2139.034 [GRAPHIC] [TIFF OMITTED] T2139.035 [GRAPHIC] [TIFF OMITTED] T2139.036 [GRAPHIC] [TIFF OMITTED] T2139.037 Mrs. Lummis. [Presiding.] I thank the gentleman and would like to recognize Dr. Seiple. Now, did I pronounce that correctly? Mr. Seiple. Yes, you did, ma'am. Mrs. Lummis. You are recognized. Thank you for joining us. STATEMENT OF CHRIS SEIPLE, PH.D. Mr. Seiple. Thank you, Madam Chair. Thank you, members, for the opportunity to speak with you. And thank you to my panelists for the presentations they have made. I respectfully request that my statement be included in the record. I would like to take a little bit broader approach and think about where we have been in order to think about where we probably need to go. This week, and this month in particular, remind us of the best and the worst of our own history. Three hundred twenty-one years ago witches were hung in Salem because they dared to differ with the majority culture in their beliefs or their behavior. Of course, in that same great State of Massachusetts Bay Colony, Quakers had been hung 32 years earlier. A guy by the name of Roger Williams fled that, anticipating that tyranny of a majority culture and only being allowed to worship one way, and went to Rhode Island. I have lived in both States; they are both good places. But this is the important point: Roger Williams created a space where Quakers and Jews and Baptists and Native Americans, whom he paid for the land, could live together from the bottom up. Then his genius was to institutionalize that in the Rhode Island Colonial Charter of 1663 and intentionally link religious freedom to the civility of a society and the stability of the State. In other words, if you repress people, you are going to make them mad and they are going to agitate against the State, and that is bad for the home team. Now, two facts kind of drive everything I think that we need to think about. One is that 84 percent of the world believes in something greater than themselves. Eighty-four percent. You can't put it in a category. You can't put it in a committee. It is everywhere. And the other fact, which has already been mentioned, is 75 percent of the world faces restrictions on their capacity to exercise their freedom of conscience or belief. Seventy-five percent of the world. Which is also to say that we are discussing various issues about our own Act, but the situation has gotten worse in 15 years, and it is getting worse. Which is to say we are all to blame. We need to think about how we work together, government and grassroots, top-down and bottom-up, non-government, all on the same panel, all on the same sphere, trying to make things better, because it is in our national interest and it is the right thing to do. So I would like to make five comments about where we might go in the future, fully aware that there are many good things that have happened since the passage of the Act, to include the establishment of a standard and that we are a voice for the voiceless worldwide. That did not exist before the Act and we should not make light of that as we self-critique, as we are very good at in this Country. So here are five things to think about as we think about the future. One is we have to think through what we mean by religious freedom and what we mean by religious engagement. Our combatant commands, our chaplains, our military, our intelligence community, pick a U.S. governmental agency, they have to deal with religion, they have to engage the world as it is. How are they being trained to think about this issue? So I think we need a focal point for religious engagement, a focal point that focuses on the broader issue of working with and partnering with religious communities worldwide to demonstrate how they contribute to the common good and the stability of the state, which in turn would free up the religious freedom office to be just that, religious freedom, and not be a catchall for everything religious, because there are no places in our Government where people can come and talk about the religious issues. That is number one. Second, I think we need a global religious engagement strategy of some kind to be incorporated into the national security strategy. Such a strategy would address this broader picture and, at the same time, accelerate and accentuate the capacity to focus on religious freedom in its own context, as opposed, again, to it being a catchall for all things. Third, we need education and training for the entire U.S. Government personnel on this issue. It starts at State Department, it starts at the Foreign Service Institute but, like I said, it is not just the Foreign Service officers. There are a lot of braves ones going outside the view from the embassy window, but there are also a lot of brave folks in DOD and the intelligence community, and they have to think through these things. And often it is the case that the best of faith will defeat the worst of religion, and we have to think that through and how that works, and build the relationships necessary to do it. Fourth, the GAO report has been highlighted. We have to give attention to that, especially the decreasing size of the Office of International Religious Freedom and the fact that an ambassador at large reports to a deputy assistant secretary. That is not in keeping with the Act. That is not good for our Country. That is not good for the voiceless overseas. It is not good for our national security. And then, last, we need to think about new ways of partnering together. I happen to be the senior advisor to the Secretary of State in a pro bono, unpaid position in the Religion Foreign Policy Working Group, and the top-down of our Government has invited civil society bottom-up speaking into how U.S. foreign policy is formed and informed. That is unprecedented. That is exactly the nature of the times that we live in. I also co-chair a religious freedom roundtable that meets every two months here on Capitol Hill. Our next big event is 27 June. We would love to have some of you all speak. But that is the bottom-up inviting the top-down in, and that is the nature of the world that we live in. Top-down, bottom-up, government and grassroots have to work together or no change is sustainable. So that kind of model can be replicated. And the last thing that I might say in summary is this: maybe it is time to think about a global religious engagement act that clarifies roles and responsibilities and expectations for U.S. agencies regarding the engagement of religious communities and religious issues worldwide, and, therefore, further strengthens the role that the Office of Religious Freedom can play at the State Department. Thank you for your time. [Prepared statement of Mr. Seiple follows:] [GRAPHIC] [TIFF OMITTED] T2139.038 [GRAPHIC] [TIFF OMITTED] T2139.039 [GRAPHIC] [TIFF OMITTED] T2139.040 [GRAPHIC] [TIFF OMITTED] T2139.041 [GRAPHIC] [TIFF OMITTED] T2139.042 [GRAPHIC] [TIFF OMITTED] T2139.043 [GRAPHIC] [TIFF OMITTED] T2139.044 [GRAPHIC] [TIFF OMITTED] T2139.045 Mrs. Lummis. I thank the gentleman and the entire panel for your testimony today. Deeply appreciate your presence and want to register my regret that the witness from the State Department, Ambassador Johnson Cook has left an empty chair here today. I do thank all the witnesses and now will yield to our first set of questions, which will be asked by the gentleman from Tennessee, Mr. Duncan. Mr. Duncan. Well, thank you very much, Madam Chair. I too would like to express my regret about the ambassador not being here to testify, especially when the State Department has asserted a policy or hidden behind a policy that they have not applied in several other instances, as Chairman Chaffetz pointed out in his opening statement. But the question that I have relates to something that happened last week. Last week, an Egyptian court sentenced 43 staff members of pro-democracy, nongovernmental organizations, including 16 Americans, to prison terms of up to five years for their activities to support civil society and democracy. One of those 16 Americans is the son of Secretary of Transportation, Ray LaHood. And what I am wondering about is this: Some people don't like to admit this or point this out, but our direct foreign aid is a small part of the budget. It amounts to many billions, so it is important, but about half of what the Defense Department spends in other countries is just really pure foreign aid. We do most of our foreign aid through the Defense Department; it is not called foreign aid. We do aid through almost every department and agency in the Federal Government in other countries. So we are spending many, many, many billions in other countries each year. And I would like to know if the witnesses feel that we should, in some way, tell these countries that are rated as CPCs or are clear violators of religious freedom, that we should tell these other countries that we may have to start reducing not only our direct foreign aid, but even, more importantly, all the aid that we are doing through all these other departments and agencies in the Federal Government. I would like to know if any of you have any comments about that. Yes. Ms. Ramirez. Thank you, Mr. Duncan. Just in response briefly to the situation in Egypt. I actually worked for Congressman Bilirakis and one of his former employees was also involved in the situation there, and I don't know if he was one of the 43 convicted, but he was one of the people that were held a couple years ago. So the situation is very dire in Egypt, and what happened when the government allowed the conviction of those 43 NGO workers, many of them American NGO workers, as well a number of NGOs, is that it sent the message that there is an authoritarian policy in Egypt that is essentially going to run underground all the civil society organizations that are necessary to sustain democracy there. So it is extremely unfortunate that just last week, while this was happening, we also waived any conditionality on the aid that we are providing Egypt. The U.S. Government has provided Egypt billions of dollars in aid over the last 30 years, and when Congressman Obey, who was chair of the Appropriations Committee at the time, tried to condition that aid on the basis of human rights and a number of other issues, the Egyptian government actually did respond favorably and they began to address some of the problems along the border of the Gaza Strip. So we know that just by conditioning aid, we are not going to lose an ally. It would be naive of us to think that. The fact is that history shows they have actually paid attention when we condition our aid. The other fact is that this is not the Egyptian government's money, as they often like to think it is. Aid is the American taxpayers' money, and they have a right to know that that money is not being used, whether it is supposedly for military or being subverted to the security apparatus, which has always happened in Egypt, to basically suppress the population when we have a policy that prioritizes religious freedom as a fundamental human right, not a negotiable one. Mr. Duncan. Well, thank you. The Heritage Foundation, just yesterday, issued a report calling for a freezing of U.S. aid to Egypt in response to this situation that I talked about, and what it seems to me is we should at least consider doing this to countries that aren't doing anything to increase religious freedom. Dr. Swett? Ms. Lantos Swett. I just want to echo some of those comments, and I think we need to absorb the fact that it sends an extraordinarily negative message when we do not respond with some sort of conditionality on aid when this kind of really egregious behavior occurs. I also agree that it does not and will not derail our necessary relations with countries when we act in that way. But at the end of the day that is really a decision for the Congress. I mean, this is where the Congress has to act to hold any administration's feet to the fire in terms of how that aid is to be handled. But I think, as a general principle and policy, the notion that there should be no strings attached and that there should be no conditions for aid that is provided by the United States Government when actions that are in clear violation of our most fundamental principles and our own national interest is just an unwise policy. Mr. Duncan. My time is up, but I do want to say this: This is my 25th year, and your father was mentioned several times, but I see your husband sitting out there too, and he also was a very respected member of Congress. I don't want to leave him out. Ms. Lantos Swett. Thank you so much. Mr. Duncan. Dr. Farr wants to say something. Mr. Farr. Could I, briefly? Mr. Duncan. Yes. Mr. Farr. First, Egypt has never been a country of particular concern in 15 years. I believe the Commission has recommended that it be placed on the list. I would note that prior to the Arab Spring Egypt was ranked by the Pew studies as one of the worst, if not the worst, country in the world. This was under Mubarak. It will be interesting to see, next week, when the next Pew report comes out, where the Arab Spring Egypt stands. Second, in 15 years we have levied economic sanctions against only one country that had been on all the 15 lists, and that was poor, old Eritrea, where things have gotten worse as a result of those sanctions, not better. We should condition aid in Egypt and these other countries, in my view. We should do this creatively. I think to go to the point you raised, Mr. Duncan, this will strengthen civil society. And this is my final point: We need to do more than throw these CPC lists out. We need not only to condition the money, but we need to strengthen those in Egypt who already stand for religious freedom. We need to stand with them and provide opportunities for them to speak out, and that is another place, in my view, we are failing. Mr. Duncan. Thank you. Mrs. Lummis. I thank the gentleman and yield to the gentlelady from California, Ms. Speier. Ms. Speier. Madam Chair, thank you. Let me officially welcome former Congressman Dick Swett to this hearing today. It is great to have you here as well. Let me say to each of you as panelists you have truly been eloquent this morning. We have hearings in this committee two or three times a week, and I don't know that we have ever heard from a group of people that were more articulate and compelling than you, so thank you very much for your comments today. I might also add that every time we have a hearing there is an issue raised. Sometimes it is about the IRS and their conferences, or the General Services Administration, or the fact that we have contractors that don't pay their taxes; and typically what we find out is that we do have rules on the books, but we tend to waive them. We had a hearing this week on suspension and debarment. But as it turns out, as tough as we have these rules on the books, we don't use them. Or when we do suspend, as we have on occasion, with big defense contractors, we then waive it because they are the only contractor that can do the work. So I don't want you to feel that somehow you are the only group of people who have come here to make the case about laws that we have on the books that we somehow ignore. It is, unfortunately, a consistency around here that is, I think, very troubling and something this committee should spend more time on. You have all talked in varying ways about a number of issues that need to be fixed. One is the structure, the fact that the ambassador at large function does not really exist, that it is a reporting-to function. You have talked about a lack of communication and you have talked about the need for training. I would think that if we attempted just one of those areas and really honed in on that, that we could make some dramatic changes. I mean, to have this law on the books for as long as it has been on the books, and this is the first hearing that has been held, is deeply troubling to me, and I am sure it is to you as well. So I guess what my question would be to each of you is: If there was one thing we could tackle and really fix, what would be your highest priority? Let's start with you, Dr. Swett. Mr. Seiple. Thank you, ma'am. Education and training. Ms. Speier. Education and training? Mr. Seiple. Education and training. You don't change behavior in our own Government, or other places, unless you change the mind-set. Ms. Speier. All right. Mr. Seiple. And people have to be integrated. Goldwater- Nichols, 1986, the Congress dictated, top-down, that the four services would get along and be educated and trained together. I am a product of that out of the Naval Post Graduate School, and I don't think of the U.S. Army as the Army dogs anymore, because I am just a jarhead. We are on the same team fighting the same way, and that is because I was in the classroom together and I was exposed to think critically and holistically about all issues; and we need something like a Goldwater- Nichols for the entire inner agency that it brings in issues like religious engagement and religious freedom, because it has been totally ignored, and everything happens by happenstance as a result. Ms. Speier. Thank you. Mr. Amjad? Mr. Amjad. Thank you. Each of the areas you highlight I tried to touch on in my presentation, and I certainly would agree that probably the most low-hanging fruit, if you will, is probably responsiveness and information flow. There are other areas, such as ultimately prioritization, that I think will have to be addressed, but in terms of ensuring that concerns are addressed on a timely basis and that the folks who are in charge of addressing them are adequately trained and understand the nuances that go into these very complex issues I think is absolutely critical. To touch briefly on something that was discussed a moment ago about Egypt and other countries in the Arab Spring, one thing we have noticed as a community is that as the hopes of the Arab Spring are clear to us, as evident are the perils of the forces that are rising that may bring freedom for themselves but may, in the process, seek to silence freedom for others, including minority groups such as our community. We have, as I discussed during my remarks, active cases in Saudi Arabia, we have cases in Lybia; we have had cases historically in Egypt, in the UAE. There are many countries around the Arab world where the forces that are rising up we have to monitor very closely to ensure that they do not use the rise of a religious tide as a way to silence those who may hold different views from themselves. Ms. Speier. My time is about to expire, but I would like to get to each of you. Ms. Ramirez? Ms. Ramirez. I will be brief. What I would say is what I had said during my statement earlier, that the U.S. should initiate a U.N. decade for religious freedom, and part of that should be that instead of just reporting on countries, we should actually use that report to develop, with the U.N., strategic comprehensive strategies to have incremental advances in laws and policies in countries all over the world. Mr. Farr. Three quick points. Whatever you do, don't do it informally; amend the law and make it clear. The law already says the State Department is supposed to be training Foreign Service officers. Fifteen years later it is not happening. Make it mandatory, and I suggested three areas where it should be mandatory. And I agree with what Chris said, but I would say the top priority would be to give the Ambassador at Large the status, and the resources, but the status to make the argument within the administration, any administration, within any State Department. We don't have a senior official in the foreign policy establishment who has the status to make arguments on behalf of this. Imagine what would happen if that person did. It is, to me, obvious that this is a very important and every easy fix to make to the IRFA. Ms. Lantos Swett. I won't echo what my colleagues have already said, but I think there is a deeper way in which this has to be addressed, and that is that religious freedom must become a key priority of American foreign policy. I look back at the way in which human rights more broadly became embedded in our U.S. foreign policy; it started in the Congress. There was a movement, there was a passage of the law that, for the first time in any nation's history, designated human rights, the promotion of human rights as a principal goal of U.S. foreign policy. That is where it started, and the legal structure was created and then a president came along, Jimmy Carter, who sort of raised high that standard and really adopted that with a passion, and it became sort of a road from which we couldn't turn back. We have never yet reached that critical mass with religious freedom, and it is truly the first freedom. The whole range of other human rights flow from this fundamental protection of religious freedom, conscience, and belief. So at the end of the day all of these fixes can only go so far until and unless we get the sort of impassioned congressional leadership on this issue that then inspires an administration to raise that banner high and not have religious freedom remain the poor cousin, you know, the sort of shunted off, in the corner, every now and then a few rhetorical flourishes are thrown out, but it is not truly integrated. And it is increasingly implicated in our national security challenges. Look at every country that poses a serious threat to our Nation. They all are huge religious freedom violators and abusers; they are hotbeds of extremism, which translates into terrorism. So it is not just nice feel good stuff, it is are we going to be safe as a Country. Ms. Speier. Madam Chair, thank you for letting me exceed my time. Mrs. Lummis. The Chair is being very generous with the clock, but we have, as you have mentioned, a very distinguished panel of witnesses, and we appreciate their advice and counsel today. The chair now yields to the gentleman from South Carolina, Mr. Gowdy. Mr. Gowdy. Thank you, Madam Chairwoman. I want to thank you and I want to thank Chairman Chaffetz and I want to thank my colleagues, frankly on both sides of the aisle, for having this hearing. It is stunning to me, Dr. Farr, that this would be the first oversight hearing. When I think about some other hearing titles that I have experienced in the last two-plus years, it is stunning. So I commend you, Madam Chairwoman, Chairman Chaffetz, and colleagues on both sides of the aisle, because this is an issue of great importance to the people that I work for in South Carolina, one of whom has traveled the whole way from South Carolina to be here today, John Hutchison and others in my district care as much about this issue as they do any other issue. And how we interact, frankly, Madam Chairwoman, with countries that discriminate or persecute on the basis of religion or access to education or gender, frankly, says as much about us as it does about them. So, Dr. Farr, I want to start by asking you this. And I think I know the answer, but I would rather you give it to me. Why would the most powerful country on the planet be reluctant to cite Egypt, hypothetically, or Saudi Arabia, hypothetically, as a CPC when the evidence dictates that it should be cited as such? What is the reluctance? Mr. Farr. Well, it is a good question, Mr. Gowdy. I think there are two answers. Of course, the honest answer is I can't be sure. I think I know. I will tell you what I think. In the first place, I suspect there are those in the Administration, in fact, I know there are those in the Administration, arguing that this kind of sanctioning because of religious freedom is beside the point; we have bigger fish to fry; we can't condition our aid on something as unimportant as religious freedom. Now, as the chairman said earlier, it is important that we all acknowledge that religious freedom isn't the only issue we have with any of these countries, including Egypt. There does have to be some balancing of American priorities. But the striking thing is that this is just not there as a priority; it isn't looked at as a priority. So the second thing I would say in answer to your question is that some of this is just, rather than hostility, it is indifference; it is that the issue doesn't come up in our senior policy circles, which is one reason why we need an Ambassador-at-Large with the status and authority to be present at these senior meetings within the State Department and within any given administration to make the case for religious freedom, which is not, as I said in my remarks, not just special pleading for religious people, it is about the whole country of Egypt and its stability, its civil society, its nourishing of extremism. Remember that Osama Bin Laden and others were members of the Muslim Brotherhood at one time. I mean, these ideas are important in Egypt and in much of the Middle East. So advancing religious freedom there is a very, very important national security issue for the United States, so we need somebody in the administration to make that case. Nobody is doing it. Mr. Gowdy. Well, I hear these phrases like American values and who we are as a people, and there just seems to be a disconnect between our purported American values and whether or not it is echoed with our policy decisions. So I want you to do this for me: You have a South Carolina connection. I want you to assume that the voters in my district were to wise up and elect you and kick me out, and that you were sitting up here next term of Congress. Specifically what are the first three things you would do if you were sitting here instead of sitting there? Mr. Farr. Well, I would apologize to the people of South Carolina, first, congressman. [Laughter.] Mr. Farr. Especially those I know from your district, namely my family and others. Three things. The first thing I would do is ask Congress, work with other members of Congress that care deeply about this issue to get Congress involved on both houses much more energetically on the issue of religious freedom; calling hearings, making speeches, talking about this issue as a national security issue as well as an issue of our values. So the first answer is Congress, pay attention to this. I mean, the fact that there has been no hearing in 15 years is a congressional issue. The second thing I would do is amend the International Religious Freedom Act quite concretely. Some of the stuff is new that we said; some of it is tightening up language that already exists. As I have said, training is already there in the IRFA; thou shalt train. Well, you know, it depends on what that means. In some definitions of it, I suppose the State Department is training, but they are just doing it halfheartedly and on an ad hoc basis. So amend the IRFA, tighten it up and get a bipartisan approach to getting that done. Finally, I would ask members of Congress to speak out in their personal roles on the importance of the first freedom. I really think this is a bipartisan issue. The first freedom doesn't just mean, as the chairman said, this is the first thing in the First Amendment; it is because the people of South Carolina and, frankly, the people of every State in this Union deeply believe in the value of religious freedom; not just a special pleading, because I am a Baptist or a Muslim or an Ahmadiyya, but because it is good for this Country, and including non-religious people. And I would love to hear more people speak out about this because I think it is important. Mr. Gowdy. Madam Chairwoman, my time is up, but I do want to thank all of the witnesses for living out the first American value and doing a better job, the five of you, than we, or I should say I, have done. So thank you. Mrs. Lummis. I thank the gentleman and will now yield to the gentlelady from Illinois, Ms. Kelly. Ms. Kelly. Thank you, Madam Chairman. Thank you to the witnesses for being here today. A couple times now people have talked about the training that is necessary, and I am interested, by any of you, how would you improve the training? What specific things do you think should be included in the training? Ms. Lantos Swett. I will just jump in. I think the first thing is to make it mandatory, and not optional. Dr. Farr is involved, as he said, and participates in the training that is currently available, so he can speak more directly to how that curriculum perhaps should be tightened up, but making it mandatory. I want to once again reiterate how important it is that the issue of religious freedom not be cast as sort of a nice, feel good, sort of soft thing, that because it sounds like a laudable goal to pursue, we want to say nice things about it. It is implicated in our national security. It is implicated in the caliber of life that people living in these societies have. The Pew studies have been mentioned several times today. One thing that I don't think was mentioned is that there is an extraordinary and compelling correlation that the Pew study shows between societies that do a good job of robustly protecting religious freedom and the levels of stability, the status of women in those societies, their economic welfare, and a whole host of criteria, whole host of desirable outcomes that we want to see in other countries, they correlate with the robust protection of religious freedom. So, in a way, recasting religious freedom as one of our hard targets, not a soft target, I think is critically important, because it is easy to sideline the extras, the frosting on the top, the things that just make us feel good. When our State Department, when our Congress, when our Country comes to see religious freedom as one of our hard goals, then I think we are going to see the sort of focus and the sort of resources and the sort of prioritization that really is critical. Ms. Kelly. Thank you. Ms. Ramirez. Congresswoman, if I could just add to that. Recently I developed two different training manuals on international religious freedom and provided training abroad to civil society government officials, and the Department of Justice is actually working with civil society and foreign governments with some of those materials. So I think there are three main objectives that I would provide. One is that the State Department officials need to understand the benefits, which Mrs. Lantos Swett had suggested as well. They also need to understand what the law says. It is one thing to educate people on religious tolerance, etcetera; it is another thing to tell them this is an international legal standard that we are accountable to under international covenants on civil and political rights. And regardless of whether countries have signed that or not, it is already established as an international norm jus cogens, a norm that can't be derogated from, so it is a standard of international law, and our Foreign Service officers should understand that and be able to articulate it. And then, third, one of the problems that I found, which Mahmood had explained, was that there is a lot of bias in our State Department officials and embassies around the world. We have had a number of problems with visas, with people going in of different faith communities or ethnic backgrounds that are discriminated against in getting visas, and a lot of that comes from a bias against religious or ethnic communities. So I think that they need to recognize their own bias in order to be able to really treat people under the international standard of religious freedom. Ms. Kelly. Thank you. Mr. Seiple. May I add one thing, please, Madam Chair? Thank you. We do this kind of training all around the world, religion rule of law, religion security and citizenship, and then I have also participated in the FSI, Foreign Service Institute, courses here, and two things stand out to me in terms of how to think about it. One big thing: you have to give people permission to participate. Often there is a cultural or a religious or some kind of obstacle that sometimes is even subconscious that says I can't talk about this. In our own culture, we all know good people don't talk about religion and politics in polite company, assuming you keep polite company, right? So to hear the two things that help in our culture give permission, but I have also found it useful overseas. One is you have to be able to place it in a broader context, and for me that is the art of grand strategy and recognizing that you have to bring all elements of national power, hard and soft, government and non-government, together to preserve peace. Religious freedom is preemptive peace if we implement it correctly. The second element is this: we have to known our own history. That is why I opened my remarks with Rhode Island versus Massachusetts. It is not some touchy-feely, Thanksgiving, big buckles on your shoes experience that we all talk about and don't know anything about; it is a very practical thing. There were no witches or Quakers hung in Rhode Island because they were not seen as a minority threat to the majority culture and the stability of that State, because they talked about things in public. So we have to know our own history. And then as we relate to others what it is in their history so we can come alongside the best of who they are, because nobody wants to be tolerated, they want to be respected; and they don't want to be known as the homeland of terrorism or oppression, and there are good people in bad places who are willing to partner with us, but we have to be able to relate to them in that kind of way. Ms. Kelly. Thank you. Madam Chair, I know Dr. Farr wanted to add, if we can indulge him. Mrs. Lummis. Please do, Dr. Farr. Mr. Farr. Thank you so much. Ms. Kelly, thanks for asking that question. Quick points. One, don't write a letter, amend the IRFA. Two, make it mandatory, as Dr. Lantos Swett suggested. Three, this needs to occur throughout a Foreign Service career. Most FSOs serve 20, 30 years. I was honored to serve for 21 years. You can't just have one course. So you should do it at the beginning, when you come in, so-called A100 course, and then during the area studies courses that each Foreign Service officer has before they go out to post that tells them what is going on in that particular area of the world. And then when they become very senior, deputy chiefs of mission and ambassadors, they hear this again. The content is important. Dr. Lantos Swett mentioned this. Basically, why is this important to our Country and how do you do it? Chris Seiple's outfit does this, my Religious Freedom Project at the Berkley Center at Georgetown is developing materials that can be used in such a course. So this isn't rocket science, it is something our Country has been doing pretty well for a long time. Our foreign policy should do it better than it is doing. Ms. Kelly. Thank you. Thank you, Madam Chair. Mrs. Lummis. I thank the gentlelady and now yield to the gentleman from Michigan, Mr. Bentivolio. Mr. Bentivolio. Thank you, Madam Chair. Thank you, ladies and gentlemen, for appearing here today. I was really looking forward to this. And I have probably more questions than five minutes would cover, but I am going to start out. Basically, in light of recent events, the IRS scandal, monitoring journalists' phone records, the NSA collecting metadata on American citizens, not to mention the massive Obamacare coming to bear on us, the Administration seems intent on monitoring and controlling every aspect of our lives, while ignoring our most basic freedoms. This again is exhibited by the Administration's refusal to elevate the role of international religious freedom in its foreign policy. The issue of religious freedom is one that matters greatly to me. The Constitution of the United States guarantees this right and is one of the cornerstones of this great Nation. The fact that a majority of the people in this world face persecution and oppression because of their faith is something that should offend every American. It is a right that I believe should be afforded to every person, regardless of their nationality or religion, so long as that faith does not harm or infringe on the rights of other people. Religion should not be used as a weapon, nor should it be considered a crime. But listening here today, I heard Mr. Duncan, who seems to have a solution to a problem, and I would like to explore that with you and get your opinion on kind foreign aid to a rating system I think is run or something the State Department already has or this organization already has to foreign aid. Is that something that you have kicked around? Have you thought about it? I would like your opinions on that. Ms. Lantos Swett. Well, under the IRFA Act, when a country is designated as a CPC, a country of particular concern, and those are countries that meet a pretty tough standard. The religious freedom violations have to be systematic, ongoing, and egregious, so it is really sort of embedded in that society. Then the Secretary of State and the Administration is entitled to proceed with sanctions of a variety of sorts, and one of our criticisms as a commission, and this extends back prior to the current Administration, so we have been sort of equal opportunity critics of various administrations, is that none of them have used the tools that IRFA provides to try and actually bring about change. You know, there are examples, I think Saudi Arabia was mentioned, of a country that has been designated as a CPC, but all sanctions and all consequences flowing from that have been waived for other countervailing reasons. So I would say that from USCIRF's perspective we would strongly encourage this Administration, future administrations, and have been critical of past administrations for not using the tools that are already there. And specifically as to the question of conditioning foreign aid on meeting certain standards as they relate to religious freedom, I would certainly say that that should be on the table. It is a way of bringing about a change in conduct. You know, the point of exercising that sort of leverage is to achieve positive change for that society, and the positive change in that society, Egypt would be a good example, redounds to our benefit, meets our security concerns and our goals as a Country as well. But at the end of the day it helps change Egypt for the better. If I could just indulge in a little walk down Memory Lane, when my father, Congressman Lantos, served in the Congress many years ago, he proposed taking a small portion of our annual aid to Egypt, I think it was $150 million, perhaps, and devoting it--this was under Mubarak--to strengthen civil society groups, to strengthen human rights organizations, both to help them and to send the message; and, of course, it was opposed by the State Department at that time, opposed by the Administration at that time, and I don't think he was successful. But we saw, I think, in the aftermath of the Arab Spring, how wise that policy would have been, to say to somebody who was an ally, but was a repressive dictator at the same time, you have to begin to change and we are going to take some of the money we give you to for other reasons and devote it to these groups as a way of sending a message. That was a right approach then. It wasn't followed then. I think we need to be open to that sort of approach now. Mr. Bentivolio. Anybody else? Mr. Farr? Mr. Farr. I couldn't agree more with Dr. Lantos Swett. There are two things, just to reemphasize what she said. On the one hand, there is the negative use of foreign aid, withdrawing it or putting some kind of restriction on the aid that we are already giving, which I support. I would note that the International Religious Freedom Act, as in many other ways, makes it possible for the State Department to do something, but does not require it; and 15 years later we can see what that has meant. It rarely, if ever, has happened and has never been used effectively. But even more important, in my opinion, than the negative use of foreign aid is what Mr. Lantos, who I had the honor of knowing myself, tried to get the Administration to do, and that is to use foreign aid to support civil society, to support religious freedom organizations within Egypt and everywhere in the world. These people have to have an opportunity to speak up for themselves. So it is not only foreign aid, it is also putting conditions on our aid to Egypt and these other countries to say if you do not let these people speak, we will withhold aid from you. We have to create a space for them. That is what religious freedom means; it means the opportunity for people to speak out. We will never undermine religion-related terrorism in the Middle East or anywhere else if we do not provide an opportunity for people from within those traditions to say the Quran does not require suicide bombing, or the inequality of men and men, or the suppression of non-Muslims. Those people exist in every one of these societies, but they cannot speak out because they will be charged with blasphemy. We don't pay the slightest attention to this kind of stuff. We do at the international level. I shouldn't say that. The Administration has done some pretty good stuff in the United Nations, but the United Nations, forgive me, Tina, is not where the problem is. The problem is in Afghanistan, Pakistan, Egypt, and in these countries. So sorry for the long-winded answer, but it is a very important question. Thank you. Mr. Bentivolio. Thank you. Mrs. Lummis. I thank the gentleman and I thank the panelists for this extraordinary level of advice. The chair now recognizes herself for five minutes to ask some questions that are going to take us down a different road. I wanted to allow the other members of our dias to ask their questions first, because we are talking on the 1,000 to 15,000 foot level about policy, and your specific recommendations in that regard are deeply appreciated. I want to pursue a different course of questioning. It is with regard to the way an individual has been treated under this law and whether there are times when we either may get it wrong or have the opportunity to rehabilitate the status of someone who has been targeted under this law. I want to talk specifically about Chief Minister Modi of Gujarat Province in India. India is the world's largest democracy, and Chief Minister Modi was denied a visa under this law, continues to be denied a visa under this law, when he is now the leader of his political party in India and is likely to become a candidate for prime minister. In addition, the incident about which he was denied a visa was a riot in which it was alleged that he was slow to put down the riots, and a disproportionate number of Muslims were killed in those riots compared to the rioters who were killed who were Hindus. Now, somehow that has been converted into egregious violations of religious freedom for which he is directly responsible, when in fact the press accounts said that he was alleged to have been simply non-responsive in a timely manner, in the eyes of some, to the riots, which were not organized by him. Furthermore, the courts in India have not found him to be guilty of anything, in spite of numerous court proceedings in India regarding his involvement in those activities. The courts in India really have no conclusory highest court. Litigation in India can go on and on and on, and yet, in spite of almost a decade of litigation against Mr. Modi, he has never been found guilty of any wrongdoing. Therefore, I have some concerns about the application of a continuing denial to him of a visa to the United States. Here is someone whose province is growing dramatically in its hiring of people, in the welfare of their families. We have a gigantic Ford Motor Company manufacturing facility going in in Gujarat. There is an enormous Tata vehicle assembly facility in Gujarat. There are numerous companies moving in because of the economic climate and the elevation of the quality of life in terms of employment in Gujarat Province. Gujarat Province is the most receptive province in all of India to employment, to raising the standard of living, and enormous projects to develop their water and to develop their infrastructure are going on. Now, in light of that decade of history, are we correct to continue to deny a specific individual in the largest democracy in the world a visa to the United States? I just throw that out for the panel. Ms. Lantos Swett. Madam Chairman, I apologize in advance because I think you probably won't like my answer, so I will preface what I am going to say with that. The events that took place in Gujarat were very grave and very serious. By some accounts, 2500 people were killed during the rioting, and many thousands more displaced and injured, and Minister Modi was the governor of the province at the time. There is, we feel at USCIRF, a considerable cloud that still hangs over his conduct during those riots, and some of the recent evidence is more recent. There have been reports by India's own commission on human rights, so the national entity responsible for evaluating the state of human rights in India issued quite a critical report in which they said that there was responsibility for a failure to act to protect on the part of the government officials and the police. There is, perhaps most troubling, a sworn affidavit from a senior police officer who was part of the police forces in Gujarat at the time, who is quoted in that affidavit as having Minister Modi say very specifically that the police should not intervene to stop the rioting because--and because I don't have the actual language in front of me, I am perhaps paraphrasing here, but the gist of what he said was that the Hindu community had the right to sort of let off steam, and that they were angry and agitated at their Muslim neighbors, and that the police should not intervene to stop the rioting, which was overwhelmingly directed at the Muslim community. Finally, the Indian Supreme Court, and you are right, it is not completely analogous to our Supreme Court, but they have also issued a ruling. So I think it is fair to say that there has still been a lack of full transparency and accountability. And, you know, as someone who believes very passionately that accountability is part of how we advance and embed human rights globally as a standard to which all countries need to live up to, I am reluctant to look at the notable achievements of that province under Minister Modi in the economic sphere and say that that progress sort of covers or excuses very grave concerns and shortcomings as they relate to human rights. So I want to be very candid and opening in saying that, last year, USCIRF did send a letter, perhaps you have seen it, and I would be happy to have it provided to you, to then Secretary Clinton in which we did urge the State Department to sort of stand firm in what we believe has been a principle position now for a number of years. But I would also point out that that, in point of fact, as far as I know, Minister Modi has not applied for a visa, so it is not that he has been preemptively denied one. That is something that would only come into play were he to make an application for a visa. So in that sense it is not like there is an ongoing sanction against him. And, as I said, I am sure my answer perhaps is not one that you agree with, but that is, I think, the position of USCIRF. Mrs. Lummis. Well, I am interested in your position because of what I know in terms of the last 10 years in that province. Let's assume, now hypothetically, that there is a situation where someone has been alleged to have or proven to have been involved in an incident that is alleged to have been motivated by religion. If there is a period of time, a lengthy of period, after which there is no exercise of similar concern, is there a point at which the lifting of those kinds of concerns should occur? Ms. Lantos Swett. Well, as a hypothetical matter, I think of an analogy to our own system of justice. We have a statute of limitations, certainly, as it relates so that you only have a certain period of time in which you can bring a prosecution for a past wrong. I mean, I think there is a potential analogy there. But I am not sure that that analogy would translate into a rebuttal of the points I tried to make as it relates to Minister Modi because I do think there has to be some transparency and accountability, and, again, it is certainly the view at USCIRF that the questions and the clouds continue to hang over Minister Modi, and I think that there is some benefit for that being part of the mix within the Indian political environment, that his opponents, should he stand for prime minister, this would be something that would be, I am sure, debated and discussed within their context. Now, clearly, if he were to become the head of state, that becomes a different situation; you have to deal with that. Each nation, each sovereign nation has the right to choose their own head of state. We know that, for example, in Iran, they elected as president somebody that we take a rather dim view of in this Country for two terms, but you have to sort of contend with that reality should it come to pass. Mrs. Lummis. Dr. Farr? Mr. Farr. This is one of those cases that gives me some sympathy for my colleagues at the State Department. You raise something we have talked about a little bit today, and that is the tension between religious freedom and other American interests. I mean, if this guy is going to be the prime minister of India, that is something we have to pay very close attention to. And you mentioned the economic interests in Gujarat. So we have to weigh these. I once gave a speech entitled, We Have No Orders to Save You. This was from the police report on the Gujarat incident. This came from a Human Rights Watch report in which Muslim women were surrounded, their houses surrounded, they were raped; pregnant women had their babies ripped from their wombs by these Hindu mobs and killed in front of them. This was truly a horrible religion-based pogrom massacre, and Mr. Modi was the guy in charge of those police, at a higher level, no doubt about it. So this is a very serious problem. But here is where I come out on this, for what it is worth. This, for a long time, was the only example that I could give, I think this happened in 2006 or somewhere in there, of the United States doing anything under the International Religious Freedom Act, anything. One visa application pulled. And, to me, to put this in larger perspective, the fact that, you know, this is the case is simply a function of our irresponsibility in the operation of the International Religious Freedom Act. So I am sidestepping the issue a little. It is a very, very tough one. I guess I would probably come down with the Commission on this; I would be very hesitant, given the fact that we haven't done anything else in the world to pull what we have done on this issue, the symbolism of our allowing this would, to me, just be too much. Mrs. Lummis. Allowing what? Mr. Farr. Allowing Mr. Modi to come to the United States. Pulling this visa prohibition, given the fact it is the only thing that we have done, or one of the few things that we have done under this Act. The symbolism of that I think would be very, very bad. If he becomes prime minister, of course, we have to look at it. Mrs. Lummis. Even though their own courts have not found any wrongdoing. Mr. Farr. Their courts are notorious for not. Ms. Lantos Swett. And I would just weigh in there too. We have had very interesting discussions at times about sort of rule of law issues in India and they have, in many ways, of course, a very legitimate court system, but they themselves would say that they are slow and have had challenges in trying to address these issues. So I don't think it would be fair to say that there has ever been a determination that there was no moral culpability on the part of Modi in this matter, and it was, as Dr. Farr has so powerfully said, a very terrible, terrible circumstance. Mrs. Lummis. So we are applying an American religious standard, but a non-American legal standard, because in the United States you are innocent until proven guilty. But, Dr. Lantos Swett, you just said there has been no finding that he was not involved. Ms. Lantos Swett. Well, the invocation of a legal standard is a little bit complicated because, of course, we are in no way attempting to impose a legal penalty on Minister Modi, and would have no ability to do so. The question is whether or not we would extend him the privilege of a visa to visit this Country, and I think we do that a lot, impose those sorts of moral judgments. The most recent example would certainly be the Magnitsky Act, which was passed by Congress late last year, which imposes visa restrictions and a freezing of assets on any Russian officials we believe to be implicated, not convicted, but implicated, in the death of Serge Magnitsky. So I think that we, in a sense, comparing apples and oranges because we are talking about withholding a privilege, the privilege of visiting this Country, not imposing a legal penalty. You are right, it would not be consonant with our American legal standards to presume a guilt and impose a penalty in that sense, but we can say there is enough smoke here and enough concerns, and enough red flags, if you will, that we are not going to extend this privilege. Mrs. Lummis. I do very much appreciate this discussion because it does, I think, illustrate the challenges that are presented here when we are trying to sort out the appropriate application of the Act. It may, as one of you pointed out, help illustrate the challenges to the State Department, but I am deeply grateful and this committee is deeply grateful for your recommendations about how to elevate the intent of Congress and of the goals of the Act in a way that is appropriately administered in the State Department, and I deeply, deeply appreciate, on behalf of this panel, your attendance here today. This has been an elevating and wonderful discussion. Thank you for your commitment to religious freedom on behalf of this entire panel. The panel is excused with our gratitude and this hearing is concluded. [Whereupon, at 11:54 a.m., the subcommittee was adjourned.] APPENDIX ---------- Material Submitted for the Hearing Record [GRAPHIC] [TIFF OMITTED] T2139.046 [GRAPHIC] [TIFF OMITTED] T2139.047