BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SJR 17
                                                                  Page  1


          (  Without Reference to File  )

          SENATE THIRD READING
          SJR 17 (Anderson)
          As Amended August 6, 2014
          Majority vote 

           SENATE VOTE  :34-0  
           
           SUMMARY  :  Declares that there is an urgent need to protect  
          religious minorities from persecution from the Sunni Islamist  
          insurgent and terrorist group the Islamic State in Iraq and  
          Syria (ISIS) as it expands its control over areas in  
          northwestern Iraq.  Specifically,  this resolution  :   

          1)Makes the following findings:

             a)   Iraq is currently embroiled in a political and religious  
               insurrection stemming from an Islamic State in Iraq and  
               Syria (ISIS)-led offensive that began in the Anbar province  
               and has spread to key locations such as Mosul, Tikrit, and  
               Samarra and continues to engulf the region in violence and  
               instability; 

             b)   ISIS is a transnational Sunni insurgency whose  
               ideological and organizational roots lie in both al Qaeda  
               in Iraq and the Syria-based Jabhat al Nursa and has a  
               stated mission of establishing an Islamic state and a  
               caliphate across the Levant through violence towards  
               Shiites, non-Muslims, and unsupportive Sunnis; 

             c)   Iraq's population is approximately 31,300,000 with 97%  
               of that population identifying themselves as Muslim while  
               the approximately 3% of religious minorities groups consist  
               of Christians, Yezidis, Sabean Mandaeans, Bahais, Shabaks,  
               Kakais, and Jews; 

             d)   The Iraqi Christian population is estimated to be  
               between 400,000 and 850,000 with two-thirds being Chaldean,  
               one-fifth Assyrian, and the remainder consisting of  
               Syriacs, Protestants, Armenians, and Anglicans; 

             e)   The Iraqi Constitution provides for religious freedom by  
               stating all of the following:








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               i)     No law may be enacted that contradicts the  
                 principles of democracy;

               ii)    No law may be enacted that contradicts the rights  
                 and basic freedoms stipulated in this Constitution;

               iii)   [This Constitution] guarantees the full religious  
                 rights to freedom of religious belief and practice of all  
                 individuals such as Christians, Yazidis, and Mandean  
                 Sabeans; 

             f)   Over 500,000 people have been displaced by the current  
               ongoing violence in Iraq while reports have surfaced of  
               targeted harassment, persecution, and killings of Iraqi  
               religious minorities by ISIS with little to no protection  
               from the Iraqi government or other security forces; 

             g)   ISIS recently issued a decree to all religious  
               minorities stating: "We offer them three choices: Islam;  
               the dhimma contract - involving payment of jizya; if they  
               refuse this they will have nothing but the sword,"; 

             h)   The fall of Mosul has sparked terror among the Christian  
               population because for the first time in 1,600 years there  
               was no mass held in the city; 

             i)   Over 50% of Iraq's Christian population has fled since  
               the fall of Saddam Hussein, and 1.1 million people of  
               diverse religious backgrounds remain internally displaced  
               while the government under Prime Minister Nouri al-Maliki  
               has not upheld its commitment to protect the rights of  
               religious minorities; and

             j)   Eighty-four thousand nine hundred two Iraqis resettled  
               in the United States between 2007 and 2013 and over 300,000  
               Chaldean and Assyrians currently reside throughout the  
               country; especially in California.

          2)Resolves the following:

             a)   That the Legislature of the State of California, on  
               behalf of its citizens, declares that there is an urgent  
               need to protect religious minorities from persecution from  








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               the Sunni Islamist insurgent and terrorist group the  
               Islamic State in Iraq and Syria (ISIS) as it expands its  
               control over areas in northwestern Iraq; 

             b)   That the California Legislature calls on the United  
               States Department of State to work with the Kurdistan  
               Regional Government, the Iraqi central government,  
               neighboring countries, the diaspora community in the United  
               States, the United Nations High Commissioner for Refugees,  
               Chaldean representative leaders in the United States, and  
               other key stakeholders to help secure safe havens for those  
               claiming amnesty from Iraq; 

             c)   That the Legislature urges the Congress of the United  
               States to pass HR 663, which also urges the United States  
               to act swiftly on behalf of religious minorities that are  
               under the constant threat of persecution; and 

             d)   That the Legislature urges President Barack Obama's  
               administration to expedite visa processing for Iraq's  
               minority groups and to lift the quota cap for  
               Iraqi-Christians in order to streamline the process of  
               accepting refugees.
           
          FISCAL EFFECT  :  None

           COMMENTS  :  This resolution was recently gutted and amended.   
          With some notable exceptions, this measure is virtually  
          identical to a recently-introduced Congressional resolution, HR  
          663, which has not received a hearing.  However, this measure  
          omits the following recital from HR 663:

               Whereas President Barack Obama recently declared on  
               Religious Freedom Day, "Foremost among the rights  
               Americans hold sacred is the freedom to worship as we  
               choose? we also remember that religious liberty is not  
               just an American right; it is a universal human right  
               to be protected here at home and across the globe.   
               This freedom is an essential part of human dignity,  
               and without it our world cannot know lasting peace.  

          This measure also differs from HR 663 in one additional respect:  
           HR 663 calls for securing safe havens for those claiming  
          amnesty in Iraq, while this measure seeks safe havens for those  








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          claiming amnesty from Iraq.  While this may appear to be a minor  
          difference in wording, it appears to carry a substantially  
          different meaning.

          This resolution does not address the treatment of women or LGBT  
          Iraqis and Syrians who are among those who have reportedly also  
          been the subject of mistreatment by the ISIS group, issues that  
          some may deem important in the context of the resolution.


           Analysis Prepared by  :    Kevin G. Baker / JUD. / (916) 319-2334 


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