UNITED NATIONS METHODS FOR PROTECTING HUMAN RIGHTS The United Nations has promoted human rights mainly through three methods: Developing international standards; conducing educational programs; and establishing procedures for action on human rights violations. INTERNATIONAL STANDARDS ON HUMAN RIGHTS The first human rights assignment of the U.N. was to draft the Universal Declaration of Human Rights. Twenty-five years ago—on December 10, 1948-the General Assembly adopted the declaration as "a common standard of achievement for all peoples and all nations **** The declaration guarantees the full scope of civil, political, economic, social, and cultural rights. The declaration has become a significant force in promoting respect for and observance of human rights in all parts of the globe. It has been cited in the national constitutions, legislation and court decisions of many countries. Although a mere declaration is usually not considered legally binding upon states, many statesmen and jurists now consider the Universal Declaration to be an authoritative interpretation of the human rights clauses of the charter as well as part of customary international law, and therefore legally binding upon states. The International Covenants on Human Rights After adopting the Universal Declaration, the U.N. began drafting the human rights covenants. They define in greater detail the human rights set forth in the declaration. In 1966, the General Assembly unanimously adopted the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. It also adopted an optional protocol to the latter covenant under which states parties agree to allow the consideration of complaints by individuals. To date, the covenants have been ratified by 26 states; 35 ratifications are required for them to come into force. In the future, the covenants on human rights are likely to become essential instruments in the U.N. human rights machinery. Under the International Covenant on Economic, Social and Cultural Rights, countries agree to submit reports periodically to the Economic and Social Council on the measures they have taken to implement the provisions of the covenant. The Council is authorized to ask the Commission on Human Rights to make general recommendations on the reports. The Covenant on Civil and Political Rights provides for a Human Rights Committee composed of 18 independent experts. The commit tee will review and make general comments on the periodic reports submitted by the countries on the measures they have taken to implement the covenant. Under article 41 of the treaty, a state may recognize the competence of the committee to consider communications from another state party which claims that the former is not fulfilling its obligations under the present covenant. The committee may consider such communications only from a state party which has recognized in regard to itself the competence of the committee. The committee would provide its good offices to seek a friendly solution to the matter based on respect for human rights. If a solution is not found the committee may, with the consent of the states parties concerned, appoint an ad hoc conciliation commission which would conduct a thorough study of the matter. If the states parties concerned do not resolve the matter amicably, the commission could make recommendations for resolving the dispute. Such recommendations, however, are not binding. Under the Optional Protocol to the Covenant on Civil and Political Rights, a state party may recognize the competence of the committee to consider communications from individuals subject to that state's jurisdiction who claim to be victims of a violation by that state party. After considering the communication, the committee may make recommendations to the state party concerned and to the individual. The United Nations and its specialized agencies have developed an extensive body of international law pertaining to human rights. In the latest U.N. compilation of "specific" human rights instruments of the U.N., 13 declarations and 23 conventions are listed. They are arranged under the following categories: The right of self-determination; Prevention of discrimination: War crimes and crimes against humanity, including genocide; Slavery, servitude, forced labor and similar institutions and practices; Nationality, statelessness, asylum and refugees; Freedom of information; Freedom of association; Employment policy; Political rights of women; Marriage and the family, childhood and youth; Social welfare, progress and development; and Right to enjoy culture, international cultural development and cooperation.1 U.S. Ratification Record The U.S. record on ratification of human rights treaties is not good. It has ratified only the Slavery Convention of 1926; the Supplementary Convention on the Abolition of Slavery, the Slave Trade, Institutions and Practices Similar to Slavery; and the Protocol Relating to the Status of Refugees. The United States has also ratified the following conventions adopted by the Organization of American States: Convention Establishing the Status of Naturalized Citizens Who Again 1 A complete list of these instruments is contained in the hearings. For the texts of these instruments, see U.N. document No. ST/HR/1 (U.N. sales No.: E.73.XIV.2). Take Up Their Residence in the Country of Their Origin; the Convention on Status of Aliens; Convention on the Nationality of Women; and Convention on Extradition. The United States, through its failure to become a party to all but a few of the human rights treaties, has become increasingly isolated from the development of international human rights law. This failure impairs both our participation in the U.N. work in human rights, and our bilateral efforts to persuade governments to respect international human rights standards. There are at least 29 human rights conventions which the United States has not ratified. Even alleged inconsistency between provisions of the conventions and the U.S. Constitution would not justify outright rejection by the Senate since reservations may properly be attached to ratifications to preserve the integrity of the U.S. Constitution. The human rights conventions which the United States has not ratified are listed below: UNITED NATIONS CONVENTIONS International Covenant on Economic, Social, and Cultural Rights; Optional Protocol to the International Covenant on Civil and Political Rights; International Convention on the Elimination of All Forms of Racial Discrimination; Convention Relating to the Status of Stateless Persons; Convention on the Nationality of Married Women; Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriage; Convention on the International Right of Correction; Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. INTERNATIONAL LABOR ORGANIZATION CONVENTIONS Freedom of Association and Protection of the Right to Organize Convention; Abolition of Forced Labor Convention; Employment Policy Convention; Right to Organize and Collective Bargaining Convention; Equal Remuneration Convention; Discrimination (Employment and Occupation) Convention. UNESCO CONVENTION Convention against Discrimination in Education and Its Protocol. CONVENTIONS OF THE ORGANIZATION OF AMERICAN STATES Inter-American Convention on the Granting of Political Rights to Women; Convention on Asylum; Convention Relative to the Rights of Aliens; Convention on Nationality; Convention on Political Asylum; Inter-American Convention on the Granting of Civil Rights to Women; The Genocide Convention The Genocide Convention which was adopted in 1948 has been ratified by 78 states. The Senate Foreign Relations Committee has recommended that the Senate give its advice and consent to ratification. The convention defines genocide to mean certain acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group, as such. The acts include killing, causing serious bodily or mental harm, inflicting conditions of life calculated to bring about physical destruction, imposing birth prevention measures, and forcible transfer of children. The parties undertake to punish guilty persons and to enact the necessary implementing legislation. There is a provision for trial by a court of the state where the act is committed or by such international penal tribunal as may have jurisdiction. (There is no such international tribunal in existence or presently contemplated, and Senate advice and consent would in any event be necessary to accept jurisdiction.) Extradition is provided for in accordance with laws and treaties, with genocide not to be considered a political crime. Regrettably the practice of genocide is not simply a phenomenon of the past. Several genocidal conflicts have occurred since World War II. U.S. ratification of the convention would help to enforce the terms of the convention and discourage those governments who might be tempted to commit genocide. The United States cannot be persuasive in urging other governments to respect the terms of a convention which we have failed to ratify. The Senate's failure to ratify the Genocide Convention means that we have yet to accept international legal responsibility for the most heinous of human rights violations. It jeopardizes U.S. leadership and influence in the field of international human rights. The Convention on Racial Discrimination The Convention on the Elimination of All Forms of Racial Discrimination has been ratified by 75 states. It prohibits racial discrimination which it defines as "any distinction, exclusion, restriction, or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural, or any other field of public life." The convention's Committee on Racial Discrimination meets semiannually to oversee the implementation of the convention. It reviews the reports submitted by the states parties. The Committee may consider communications by states parties that another state party is not giving effect to the provisions of the convention without the consent of the allegedly violating state. The Committee may also consider similar communications from individuals or groups provided the state party concerned has recognized the Committee's competence to consider such communications. It should be noted that article 4 of the convention may contain provisions which are contrary to our constitutional rights of freedom of speech, press, assembly, and association. Article 4 calls upon states parties to ban the dissemination of ideas based on racial superiority or hatred and the prohibition of organizations which promote and incite racial discrimination. While the undertakings of article 4 are stated to be "with due regard" to First Amendment rights, the United States nevertheless could make an appropriate reservation in order to preclude controversy. The convention expressly permits reservations provided they are compatible with the object and purpose of the convention and are not objected to on grounds of incompatibility by two-thirds of the parties. Many states with free speech and assembly traditions similar to ours have ratified without compromising these traditions; namely, Austria, Canada, Denmark. Federal Republic of Germany, France, Iceland, Netherlands, New Zealand, Norway, Sweden, and the United Kingdom.2 The American Convention on Human Rights The American Convention on Human Rights was adopted by the Organization of American States in 1969. The convention specifies the civil and political rights which are to be protected by the states parties. The convention provides for establishing an Inter-American Commission on Human Rights and an Inter-American Court of Human Rights. Individuals may petition the commission which will seek to resolve complaints through investigation, conciliation and making recommendations. Cases may be referred to the court by the commission or states parties. Decisions by the court are binding upon the states parties. The U.S. delegation to the OAS conference which adopted the convention stated that the convention does not contain any provisions contrary to the U.S. Constitution. It said that U.S. ratification "would probably be a stimulus to signature and ratification by other countries of the hemisphere." 3 The convention is not yet in force. Conventions Pending Before the Senate The Convention on the Granting of Political Rights to Women has one substantive article which states that the right to vote and to be elected to a national office shall not be denied or abridged by reason of sex. The Freedom of Association and Protection of the Right to Organize Convention provides that workers and employers have the right to establish and, subject only to the rules of the organization concerned, to join organizations; that organizations shall be free to draw up rules, freely elect their representatives, formulate their programs, and affiliate with others. Article 8 provides (1) that workers, employers and organizations shall respect the law of the land; and (2) that the law of the land shall not impair the guarantees provided in the convention. Under article 9 the extent to which the convention's guarantees shall apply to armed forces and the police shall be determined by national laws or regulations. The Abolition of Forced Labor Convention requires ratifying states to suppress and not make use of any form of forced or compulsory 2 The subcommittee's viewpoint that the United States could make reservations to art. 4 of the convention was confirmed in the hearings by several witnesses. See statement of Mrs. Rita Hauser, former U.S. Representative of the Commission on Human Rights, Subcommittee on International Organizations and Movements, Oct. 4, 1973. U.S. Department of State, Report of the U.S. Delegation to the Inter-American Conference on Protection of Human Rights, San Jose, Costa Rica, Nov. 9-22, 1969 (mimeo 1970) (p. 64). |