FOR IMMEDIATE RELEASE
November 4, 2005

Contact:
Anne Johnson, Director of Communications, (202) 523-3240, ext. 27

WASHINGTON - The U.S. Commission on International Religious Freedom (USCIRF) welcomes the November 1 order issued by the United States Court of Appeals for the Fifth Circuit to vacate its August 2005 ruling in Li v. Gonzales. The original decision - deferring to arguments advanced by the United States Department of Justice - upheld the order to remove a Chinese man who had been arrested, beaten, fired, and charged with the "crime" of organizing an unregistered house church in China. In so holding, the Fifth Circuit ruled that Mr. Li had been subject to prosecution for failing to register his church - not persecuted on the basis of his religious beliefs. The Fifth Circuit held - adopting the argument advanced by the Department of Justice - that China has the "sovereign right" to regulate unregistered religions, and that China's treatment of unregistered churches is an issue for "moral judgment - not a legal one." Subsequently, the Commission wrote the Department of Justice to make it clear that China's control over registered churches - and its prosecution of individuals for engaging in "unauthorized" religious activity - are clearly in violation of international law with regard to freedom of religion or belief.

On November 1, the Fifth Circuit vacated the decision after the Department of Justice - citing the letter written by the Commission - changed its position on removing Mr. Li to China.

The Commission had never before intervened in an individual asylum case. However, the Commission wrote the Department of Justice in this matter because the position taken was at odds with efforts by the President, the Department of State, and the U.S. Embassy in Beijing. U.S. foreign policy toward China and other authoritarian regimes has been clear: it is not permissible under international law to criminalize religious activity on the sole basis that such activity is "unregistered" or "unauthorized." Section 3 of the International Religious Freedom Act of 1998 explicitly defines arbitrary religious registration requirements as a "violation of the internationally recognized right to religious freedom." The Commission reminded the Department of Justice that the President clearly shares this concern over China and has personally raised the issue on numerous occasions with the Chinese leadership.

The Commission wrote that Mr. Li is a case in point, and the decision to deny him protection is at odds with the positions advanced by the Administration on conditions for freedom of religion in China and whether or not those conditions amount to violations of international human rights standards. As a precedent, Li v. Gonzales would have undermined the international leadership of the United States in protecting asylum seekers and advancing the right to freedom of religion or belief.

The Fifth Circuit's order to vacate ensures that the original decision in Li v Gonzales cannot be cited as legal precedent to remove other asylum seekers accused of participating in the "crime" of unregistered religious activity.

"Mr. Li, his attorneys, and the Departments of Justice and Homeland Security deserve great credit for working together to change the government's original position on this case, and to have the Fifth Circuit decision vacated. Had the decision been allowed to stand as precedent, it would have seriously limited the ability of the United States to protect people of faith fleeing the increasing tendency among certain authoritarian regimes to criminalize unregistered religious activity - regimes including - among others - China, Belarus, Burma, Eritrea, and Vietnam," said USCIRF Chair Michael Cromartie.

Shortly after reviewing the letter from the Commission, the Department of Homeland Security filed a motion with the Board of Immigration Appeals (BIA) at DOJ to reconsider Mr. Li's case. On October 6, citing the Commission's letter as new evidence, the BIA reversed its earlier ruling and re-instated the Immigration Judge's decision to protect Mr. Li from removal to China.

Even after the Department of Justice reversed itself and decided not to remove Mr. Li, the Commission was concerned that the Fifth Circuit decision - which misrepresented China's criminalization of unregistered religious activity as a legitimate "sovereign right" - remained legal precedent. The Fifth Circuit's decision to vacate the decision allays that concern.

The U.S. Commission on International Religious Freedom was created by the International Religious Freedom Act of 1998 to monitor the status of freedom of thought, conscience, and religion or belief abroad, as defined in the Universal Declaration of Human Rights and related international instruments, and to give independent policy recommendations to the President, the Secretary of State and the Congress.

Michael Cromartie, Chair

• Felice D. Gaer, Vice Chair Nina Shea,Vice Chair Preeta D. BansalArchbishop Charles J. ChaputKhaled Abou El FadlRichard D. LandElizabeth H. ProdromouBishop Ricardo RamirezAmbassador John V. Hanford III, Ex-Officio Joseph R. Crapa, Executive Director

FOR IMMEDIATE RELEASE
October 26, 2005

Contact:
Anne Johnson, Director of Communications, (202) 523-3240, ext. 27

WASHINGTON - U.S. Commission on International Religious Freedom (USCIRF) Chair Michael Cromartie will testify today before a joint members' briefing of the Congressional Caucus on Vietnam and the Congressional Human Rights Caucus to examine the ongoing religious freedom violations in Vietnam. The hearing will be held in the Rayburn House Office Building, Room 2200, from 4:00-5:30 p.m.

Although bilateral relations between the United States and Vietnam have grown steadily in the past few years, the human rights situation in Vietnam remains very poor. The State Department designated Vietnam as a "country of particular concern" (CPC) for its severe violations of religious freedom. Today's briefing is timely because the State Department is deciding currently whether or not to redesignate Vietnam as a CPC. The Commission believes that Vietnam should remain a CPC this year and has made this recommendation to both the Secretary of State and the President.

What: Congressional Caucus on Vietnam and Congressional Human Rights Caucus hearing

When: Wednesday, October 26, 2005, 4:00-5:30 p.m.

Where: Rayburn House Office Building, Room 2200

The U.S. Commission on International Religious Freedom was created by the International Religious Freedom Act of 1998 to monitor the status of freedom of thought, conscience, and religion or belief abroad, as defined in the Universal Declaration of Human Rights and related international instruments, and to give independent policy recommendations to the President, the Secretary of State and the Congress.

FOR IMMEDIATE RELEASE
October 12, 2005

Contact:
Anne Johnson, Director of Communications, (202) 523-3240, ext. 27

WASHINGTON - The U.S. Commission on International Religious Freedom (USCIRF) is concerned that members of religious minority communities who have fled Iraq may not be receiving the protection to which they are entitled under the Refugee Convention. The Commission has written the Department of State urging that the United States protect asylum seekers who are members of vulnerable religious minorities from being returned to Iraq. View Response

In December 2004, the Commission wrote President George W. Bush, and subsequently met with him, urging him to take action to protect members of vulnerable religious minorities within Iraq. Since that time, conditions have not improved, and religious minorities such as Chaldo-Assyrian Christians, Yazidis and Mandaeans have continued to be victims of targeted violence throughout the country. In light of the threats to the safety of these communities, USCIRF is concerned by recent reports that U.S. immigration judges in some locations are increasingly denying asylum claims brought by Chaldo-Assyrians from Iraq.

"The Commission urges the Congress and the Administration to provide legal protection in the United States to those members of the Chaldo-Assyrian community - as well as any other minority religious communities - who were ordered removed after a U.S. immigration judge determination that they may safely return to Iraq," said USCIRF Chair Michael Cromartie.

The United States and other countries should ensure that asylum and refugee adjudicators are educated about current country conditions in Iraq. The Commission urges that the Departments of Justice and Homeland Security thoroughly train immigration judges and refugee and asylum officers on conditions faced by religious minorities within Iraq. Training these adjudicators on international religious freedom conditions is required by law under the International Religious Freedom Act of 1998. The Commission further recommends that attorneys within the Departments of Justice and Homeland Security who have a role in asylum administrative and judicial proceedings should also receive such training. In addition, the Commission repeats its February 2005 recommendation -- made in its Report on Asylum Seekers in Expedited Removal -- that the Department of Justice monitor and take steps to address significant variations in asylum adjudications from judge-to-judge.

The Commission also is concerned about a recent Advisory Opinion on Iraq issued by the United Nations High Commissioner for Refugees (UNHCR). Immigration judges in the United States and throughout the world often look to UNHCR for guidance and expertise. In September 2004, the UNHCR Advisory Opinion on Iraq specifically advised against returning rejected asylum seekers to Iraq and twice addressed particular problems faced by religious minorities there. In contrast, the September 2005 Advisory takes a differentiated regional approach. The 2005 Advisory concludes that -- while the security situation in most parts of Iraq has continued to deteriorate -- returns to the three Northern Governorates of Iraq may be facilitated, but only for returnees who have community or family links to the region. Others, UNHCR warned, would face serious protection and integration concerns. Unlike the 2004 Advisory, the current Advisory makes no mention whatsoever of religious minorities. The Commission is concerned that errors of omission in the UNHCR September 2005 Advisory opinion on Iraq could inadvertently lead adjudicators in the United States and elsewhere, who may rely on the Advisory Opinion, to reject asylum claims from members of religious minorities who have fled Northern Iraq.

"The new UNHCR Advisory fails to address reports that religious minority communities native to Northern Iraq - particularly the Chaldo-Assyrian villages - continue to face similar ‘substantial obstacles' to protection and integration which UNHCR states would confront Iraqis who are not native to the region," noted Cromartie. "The Commission has written Assistant Secretary of State Richard L. Greene to request that the State Department encourage UNHCR to re-issue an opinion which addresses the protection problems faced by religious minorities, particularly in the North."

The Commission is concerned that immigration adjudicators in the United States and elsewhere may rely on the September 2005 Advisory Opinion and reject asylum claims from members of religious minorities who have fled Northern Iraq.

In summary, the Commission calls upon:

• The Department of Justice to more effectively train and monitor immigration judges and attorneys within the Office of Immigration Litigation and the Board of Immigration Appeals, to ensure against inconsistent asylum decisions, particularly with regard to Iraqi religious minorities;
• The Department of Homeland Security to train its immigration trial attorneys on international religious freedom conditions in general and country conditions faced by Iraqi religious minorities in particular;
• The Congress and the Administration to provide legal protection in the United States for members of religious minorities who have been ordered removed to Iraq;
• The Department of State to urge the United Nations High Commissioner for Refugees (UNHCR) to amend urgently its September 2005 Advisory Opinion on Returns to Iraq to account for the treatment of religious minorities in the three Northern governorates as well as the rest of the country; and
• The United States to redouble its efforts with the Iraqi authorities and the international community to stem the flight of members of ancient religious minorities from Iraq by promoting the protection and integration of these communities within Iraq.

The text of the letter to Acting Assistant Secretary of State for Population, Refugees and Migration Richard L. Greene follows:

Dear Acting Assistant Secretary Greene:

I am writing on behalf of the United States Commission on International Religious Freedom to express our concern about the recent Advisory Opinion on Iraq issued by the United Nations High Commissioner for Refugees (UNHCR).

The Commission is concerned that errors of omission in the UNHCR September 2005 Advisory opinion on Iraq could inadvertently lead to refoulement. The Advisory should be corrected without delay. We ask that you, as the primary interlocutor with UNHCR, intervene.

Specifically, the September 2004 UNHCR Advisory Opinion on Iraq explicitly advised against returning rejected asylum seekers to Iraq and twice addressed particular problems faced by religious minorities there. In contrast, the September 2005 Advisory takes a differentiated regional approach. Thus, the 2005 Advisory concludes that - while the security situation in most parts of Iraq has continued to deteriorate - returns to the three Northern Governorates of Iraq may be facilitated, but only for returnees who have community or family links to the region. Others, UNHCR warned, would face serious protection and integration concerns. Unlike the 2004 Advisory, the recent Advisory makes no mention whatsoever of religious minorities.

The new UNHCR Advisory fails to address reports that religious minority communities native to Northern Iraq - particularly the Chaldo-Assyrian villages - continue to face similar "substantial obstacles" to protection and integration which UNHCR states would confront Iraqis who are not native to the region.

The Commission is concerned that adjudicators in the United States and elsewhere may rely on the September 2005 Advisory Opinion and reject asylum claims from members of religious minorities who have fled Northern Iraq. We respectfully request that the State Department ask UNHCR to reissue the opinion and specifically address protection and integration problems faced by religious minorities in Iraq - particularly within the three Northern Governorates.

Asylum and refugee adjudicators throughout the world often look to the expertise of UNHCR when considering asylum claims. Consequently, the integrity of the information contained in UNHCR Advisory Opinions is of paramount importance, as it may mean the difference between an individual being granted asylum, or being returned to a country where he or she will face persecution.

For your reference, we are attaching a copy of the 2004 and 2005 UNHCR Advisory Opinions on Iraq, as well as recent articles reporting on problems faced by religious minorities there.

Thank you very much for your attention to this matter.

Sincerely,

Michael Cromartie
Chair

The U.S. Commission on International Religious Freedom was created by the International Religious Freedom Act of 1998 to monitor the status of freedom of thought, conscience, and religion or belief abroad, as defined in the Universal Declaration of Human Rights and related international instruments, and to give independent policy recommendations to the President, the Secretary of State and the Congress.