PREFACE

The conclusions and recommendations in this report are based on public testimony and correspondence during the course of hearings on international protection of human rights held by the Subcommittee on International Organizations and Movements. Between August 1 and December 7, 1973, 15 hearings were held with more than 40 witnesses including present and former U.S. Government officials, Members of Congress, lawyers, scholars, and representatives of nongovernmental organizations. The full record of the hearings is being published separately by the Committee on Foreign Affairs under the title "International Protection of Human Rights."

The human rights factor too often has been neglected in foreign relations despite the existence of internationally agreed guarantees. It is hoped, therefore, that implementing the recommendations herein would insure a higher priority for human rights in U.S. foreign policy, and a greater capacity for international organizations to protect human rights.

The diligent assistance of Mr. John Salzberg has been indispensable to the subcommittee's work on human rights. Having served previously as the United Nations representative for the International Commission of Jurists, he brought to this project the special expertise that comes only through a combination of careful study and practical experience in the field. The subcommittee is deeply grateful for his help.

DONALD M. FRASER,

Chairman, Subcommittee on International

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Organizations and Movements.

HUMAN RIGHTS IN THE WORLD COMMUNITY:

A CALL FOR U.S. LEADERSHIP

INTRODUCTION

Gross violations of human rights persist in every corner of the globe. Although an essential aim of any government should be to guarantee the free exercise of basic rights, governments frequently deny those rights to their own people. Government oppression is not limited to any particular ideological persuasion. Governments of the right, center, and left have been responsible for violating the fundamental rights of men and women. The technological progress and mass education that have been such a boon to mankind in our own century regrettably have been misused by many governments as tools for human misery. And too often the goal of replacing old repressive regimes with constitutional democracies has been accomplished in name only as individuals and groups continue to be thwarted in the exercise of guaranteed rights.

The most abhorrent violations which exist today are: Racial discrimination, apartheid, and denial of self-determination; massacre of racial, religious, and ethnic groups; summary executions, torture, and denial of due process against political dissidents; and excessively harmful weaponry and methods of warfare against both civilians. and combatants.

Protection of human rights is essentially the responsibility of each government with respect to its own citizens; however, when a government is itself the perpetrator of the violations, the victim has no recourse but to seek redress from outside his national boundaries. Men and women of decency find common cause in coming to the aid of the oppressed despite national differences. Through their own governments and international organizations, they have both the opportunity and responsibility to help defend human rights throughout the world.

Concerned over the rampant violations of human rights and the need for a more effective response from both the United States and the world community, the Subcommittee on International Organizations and Movements conducted an extensive series of hearings on international protection of human rights. The subcommittee studied efforts to protect human rights by the United Nations (including its specialized agencies) and the regional organizations. Significant contributions by international nongovernmental organizations were also considered. Special attention was given to international efforts to eliminate racial discrimination in southern Africa, to prevent massacre and torture, to promote the status of women and to strengthen the humanitarian laws of war.

The subcommittee also examined the official response of the U.S. Government to gross violations of human rights through a selective case-study approach. This examination sought to determine whether the U.S. response was sensitive to the plight of those subjected to government oppression, and whether the human rights aspects of these situations were taken sufficiently into account in shaping bilateral relations with the governments involved.1

In this report the subcommittee gives its findings from the hearings, along with recommendations for U.S. policy in the two areas of primary concern of the hearings-raising the priority given to human rights in U.S. foreign policy, and strengthening the capacity of international organizations to insure protection of human rights.

1 The hearings are being published separately under the title International Protection of Human Rights: The Work of International Organizations and the Role of U.S. Foreign Policy. Foreign Affairs Committee, Subcommittee on International Organizations and Movements, 93d Congress, 1st session.

U.S. Foreign Policy

RECOMMENDATIONS 1

Human rights in foreign policy

1. The Department of State should treat human rights factors as a regular part of U.S. foreign policy decision-making. It should prepare human rights impact statements for all policies which have significant human rights implications (pp. 9-11).

2. The Department of State should discourage governments which are committing serious violations of human rights through measures such as: private consultation with the government concerned; public interventions in U.N. organs and agencies; withdrawal of military assistance and sales; withdrawal of certain economic assistance programs. Normal diplomatic relations with the government concerned should be maintained (pp. 9-11).

3. The Department of State should respond to human rights practices of nations in an objective manner without regard to whether the government is considered friendly, neutral, or unfriendly (pp. 9-11).

4. The Department of State should upgrade the consideration given to human rights in determining Soviet-American relations. While pursuing the objectives of détente, the United States should be forthright in denouncing Soviet violations of human rights and should raise the priority of the human rights factor particularly with regard to policy decisions not directly related to national security (p. 11).

Organization of the State Department

5. The Department of State should strengthen its organization in the human rights field through:

(a) Creation of an Office for Human Rights within the Bureau of International Organization Affairs, with an appropriate increase of staff for these functions;

(b) Assignment of an Officer for Human Rights Affairs in each regional bureau of the Department with responsibility for making policy recommendations and comments based on observation and analysis of human rights practices in the countries of the region and their significance in U.S. foreign policy relations with these countries; and

(c) Appointment of an Assistant Legal Adviser on Human Rights in the Legal Adviser's Office (pp. 12-13).

1 Page number references after each recommendation refer to pages of the report where that recommendation is justified.

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