Secretary of State Antony Blinken aims to make his mark on international human-rights policy by downplaying the importance of religious freedom. He is bowing to trends in domestic partisan political fashions, not responding to realities in a world where the need to oppose religious persecution has become ever more urgent. Tragically, a shift away from religious freedom would come at the expense of massive numbers of brutalized Asian, African, and Middle Eastern religious believers.
On March 30, the secretary, speaking with the press, made a telling statement on the release of the State Department鈥檚 annual human-rights reports. Early on in it, he made a special point to 鈥渞epudiate鈥� the prior administration鈥檚 emphasis on religious freedom. Declaring that 鈥渢here is no hierarchy that makes some rights more important than others,鈥� he took a line from the Clinton administration, which used it to argue against the International Religious Freedom Act (IRFA) in 1998. Blinken unfairly denounced a disbanded commission of the prior administration for its 鈥渦nbalanced statements that suggest such a hierarchy.鈥�
The secretary was referring to the Commission on Inalienable Rights, chaired by Mary Ann Glendon, a professor at Harvard Law. Then鈥搒ecretary of state Mike Pompeo established it to advise him at the level of principle, on re-grounding U.S. human-rights policy in American Founding principles. In fact, the commission鈥檚 report does not suggest creating a 鈥渉ierarchy鈥� of rights. In its historical discussion, the report states: 鈥淧rominent among the unalienable rights that government is established to secure, from the founders鈥� point of view, are property rights and religious liberty鈥� (emphasis added). Commentators who reported that this was the view of the commission were simply wrong. The commission report emphasizes the importance of abiding by all human-rights commitments assumed under international law and stated that even 鈥渢ensions among rights can never be an excuse for failing鈥� to do so.
The commission report does assert, however, that giving priority to specific rights at specific times in foreign policy is a pragmatic and legal necessity. It concludes that 鈥淯.S. foreign policy can and should, consistent with the UDHR [Universal Declaration of Human Rights], determine which rights most accord with national principles, priorities, and interests at any given time.鈥� It points for an example to Congress鈥檚 having mandated special protections for religious freedom and for freedom from human trafficking, a form of slavery.
In conflating the concept of establishing a hierarchy with the need to set priorities in human-rights policy, Blinken put himself at odds with the International Covenant on Civil and Political Rights. That seminal human-rights document explicitly elevates religious freedom to the rank of those few rights that, in times of emergency, are 鈥渘on-derogable,鈥� that is, cannot be suspended. As the commission observed, international law accepts that some human rights are 鈥渁bsolute or nearly so, admitting of few or no exceptions, . . . while others are subject to many reasonable limitations or are contingent on available resources and on regulatory arrangements.鈥�
Internationally, millions of persons suffer religious persecution, which has far-ranging effects on stability and development. Policy-makers ignore the problem at their peril. Blinken demonstrated as much in citing China鈥檚 atrocities against the Uyghur Muslims, making it the first example of violations in his March 30 statement. This is also the first example in his preface to the 2020 Country Reports on Human Rights Practices. There, he stresses the religious character of China鈥檚 persecution and genocide against both Uyghur Muslims and 鈥渕embers of other religious and ethnic minority groups.鈥�
Since the Holocaust, genocide has become a priority for American foreign policy, a concern so firmly established that even partisan politics hasn鈥檛 been able to dislodge it. The Uyghur Muslim genocide was officially recognized by Pompeo in January and was soon endorsed by the Biden administration, despite media commentators who dismissed the designation as an unserious, political parting shot at China by the Trump administration and not warranted anyhow. The U.S. government has recognized six situations of genocide in all, and half of them hinge on the religious (and ethnic) identity of the targeted victim group. The ISIS genocide in 2016, for example, targeted Middle Eastern religious communities of Yazidis and Christians. Momentum is now building for the recognition of three additional cases as genocide, all involving groups targeted for eradication in significant part because of their religion: the Rohingya Muslims of Myanmar; Christians in parts of Nigeria; and Armenian, Greek, and Syriac Orthodox Christians in Turkey.
Moreover, religious freedom has a place of primacy in American history, law, political tradition, and culture. The First Amendment laid the foundation for the world鈥檚 first national experiment in which all religions in a pluralistic society are equal under law. The principle has become one of America鈥檚 signature contributions to international human-rights law, as the commission noted. Many Americans, from the Pilgrims to the present, have found here a haven here from religious persecution abroad. Blinken鈥檚 own family was among them. As he movingly stated at the outset of his confirmation hearing, various members of his Jewish family found refuge in the United States, after fleeing Russian pogroms, Soviet Communism, and the Holocaust.
Blinken announced his intent to correct the human-rights 鈥渦nbalance鈥� of the Trump administration, which expressly prioritized international religious freedom, and made clear that, in foreign policy, he would treat as 鈥渃o-equal鈥� the liberal causes of LGBTQI+ and abortion rights, along with select fundamental rights articulated in the UDHR. This demotion of religious freedom will be inevitably interpreted by his department to mean that religious freedom is to receive little attention in its agenda. Stating that the advisory report was not a 鈥済uiding document鈥� for him and emphatically declaring that he was 鈥渞epudiating鈥� it 鈥渄ecisively today鈥� reinforced this signal, or dog whistle (since Blinken never explicitly named religious freedom as his target for deprioritizing). This disregard for the religious-freedom issue is misguided.
The effects of Blinken鈥檚 repudiation are already apparent in USAID programming, which his department finances. While its $25 billion annual budget still supports other, innumerable policy goals, USAID canceled or froze a raft of projects approved by the prior administration for Uyghurs and for persecution victims in Nigeria and the Middle East.
In mid March, Blinken leveled Global Magnitsky Act sanctions against Chinese officials linked to the genocide. That action followed recommendations in the Executive Order for Advancing International Religious Freedom of June 2, 2020, which sought to 鈥減rioritize鈥� religious freedom in foreign policy and foreign-assistance programs. Is that also one of the documents the secretary shredded on March 30?
The human-rights reports barely mention religious freedom, which is covered in its own separate annual report by the International Religious Freedom (IRF) office. IRF鈥檚 reports aid the secretary鈥檚 determination of the world鈥檚 worst persecutors, 鈥渃ountries of particular concern,鈥� and of corresponding sanctions, as mandated by the IRF Act. With that law, Congress strengthened foreign policy on behalf of persecuted individuals precisely because religious freedom had been given short shrift by diplomats and policy-makers.
Hopefully, Blinken will come around to recognize the pivotal importance of religious freedom. He should do so quickly, before more desperately needed policies and programs are left to languish and persecutors feel further emboldened.
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