India’s designation by the USCIRF

In its 2022 Annual report, the United States Commission on International Religious Freedom (USCIRF) has recommended that India be designated a ‘Country of Particular Concern’ (CPC).

What is the USCIRF and how is it constituted?

• USCIRF is an independent, bipartisan body created by International Religious Freedom Act, 1998 (IRFA) of US.
• Mandate: to monitor religious freedom violations globally and make policy recommendations to President, Secretary of State, and Congress.
• It is a congressionally created entity and not an NGO or advocacy organisation.
• Led by nine part-time commissioners appointed by President and leadership of both political parties in the House and the Senate.

Why in news now?

• It wants India to be designated under CPC category of governments performing most poorly on religious freedom criteria.
• It has called for “targeted sanctions” on individuals and entities responsible for severe violations of religious freedom by freezing those individuals’ or entities’ assets and/or barring their entry” into the US.

What does a ‘Country of Particular Concern’ (CPC) designation mean?

• IRFA requires USCIRF to annually identify countries that merit a CPC designation.
• As per IRFA, CPCs are countries whose governments either engage in or tolerate “particularly severe violations” of religious freedom.
• Such freedoms are defined as systematic, ongoing, egregious violations of the internationally recognized right to freedom of religion.
• Other designation, for less serious violations, is Special Watch List (SWL)

Which other countries have been designated as CPCs?

• For 2022, based on religious freedom conditions in 2021, a total of 15 countries have been recommended for CPC designation.
• They include India, Pakistan, Burma, China, Eritrea, Iran, North Korea, Russia, Saudi Arabia, Tajikistan, Afghanistan, Nigeria, Syria and Vietnam.
• Countries recommended for SWL designation include Algeria, Cuba, Nicaragua, Azerbaijan, Central African Republic, Egypt, Indonesia, Iraq, Kazakhstan, Malaysia, Turkey, and Uzbekistan.

Why does USCIRF want India to be designated as a CPC?

• USCIRF, in its annual report, in 2021, stated that religious freedom conditions in India significantly worsened.
• Noted that Indian government escalated its promotion and enforcement of policies including those promoting a Hindu-nationalist agenda.
• This negatively affects Muslims, Christians, Sikhs, Dalits, and other religious minorities.
• Highlighted use of the Unlawful Activities Prevention Act (UAPA) against those documenting religious persecution and violence.
• Criticised spate of fresh anti-conversion legislations, noting that “national, State and local governments demonised and attacked the conversion of Hindus to Christianity or Islam.”

Are USCIRF recommendations binding on the US government?

• No, they are not.
• The USCIRF typically recommends more countries for a CPC label than the State Department will designate.
• This is because USCIRF is concerned with the state of religious freedom when it makes a recommendation.
• However, US State Department also takes into account other diplomatic, bilateral and strategic concerns before making a decision on a CPC designation.

Is this the first time India is being designated as a CPC by the USCIRF? What has been India’s reaction?

• This is third year in a row that India has received a CPC recommendation.
• India has in the past pushed back against the grading, questioning the locus standi of USCIRF.
• In 2020, Indian EAM called the Commission an “Organisation of Particular Concern.”
• US needs to introspect itself on HR violations by the state authorities on the basis of racism, ethnocentrism and religion (particularly Sikhs).

What is the likely impact of the USCIRF’s recommendation?

• US State Department hasn’t acted on such recommendations so far.
• But India may come under greater pressure this time, given its divergence from the American position on Ukraine war and refusal to endorse US-backed resolutions against Russia at the UN.
• Hence USCIRF is another force of Anti-India lobby in the US to bully other nations by countering an accusation with another.