18 July 2006
U.S. Cherishes Individual Rights, Official Tells U.N. Committee
U.N. Human Rights Committee hearings continue in Geneva
Washington – The United States has confronted new challenges at home as it has sought to protect the public and respect individual rights in accordance with the Constitution and U.S. law, said Matthew Waxman, head of the U.S. delegation appearing before the U.N. Human Rights Committee in Geneva July 17. Waxman presented the U.S. report on its implementation of the International Covenant on Civil and Political Rights.
The United States overhauled its law enforcement efforts after the attacks in the United States by al-Qaida terrorists, Waxman said, and took critical measures to secure the country against further attacks. Congress revised U.S. laws to address new threats, and did so in a manner consistent with the Constitution and U.S. law, including the country’s international treaty obligations, Waxman said.
“We cherish our vigorous democratic processes – which benefit from comprehensive freedoms of speech, assembly and the press – our strong and independent judicial system, and our well established body of constitutional, statutes and common law designed to protect civil and political rights,” Waxman said. “People in the United States share a culture and history of challenging their government through judicial processes.”
Waxman is principal deputy director of policy planning at the U.S. Department of State.
The Human Rights Committee, meeting July 17-18 in Geneva, reviews reports submitted by U.N. member states on their compliance with the International Covenant on Civil and Political Rights. The Human Rights Committee, composed of 18 independent experts, is unrelated to the U.N. Human Rights Council. (See related article.)
As the United States works to implement the International Covenant on Civil and Political Rights at home, Waxman said, it continues to promote respect for human rights around the world. In 2006, the U.S. government will spend $1.4 billion on programs and activities advancing democracy and human rights, Waxman said.
Waxman told the committee he is aware of the “intense international interest about a wide range of issues relating to the actions of the United States outside of its territory.” The law of armed conflict, or international humanitarian law, provides the legal framework regarding some of the questions raised by the committee, Waxman said.
The International Covenant on Civil and Political Rights, by its very terms, does not apply outside the territory of a state party, Waxman told the committee. “This has been the U.S. position for more than 55 years,” he said.
The United States is committed to upholding its covenant obligations, Waxman said, but he told the committee it is important that the United States state when those obligations apply.
“There are some issues that will come up in this defense that have to do with the war on terrorism and the United States conduct of it,” said Mark Lagon, U.S. deputy assistant secretary of state for international organizations, at a roundtable discussion in Geneva on July 17. Such issues are beyond the scope of the treaty, Lagon added, as they are outside the territory of the United States or belong to the law of war rather than human rights law. “Nonetheless, the United States will answer those controversial questions as a courtesy to the committee, and importantly, as a matter of openness in the international community.”
DETAINEE ISSUES
In response to questions regarding U.S. treatment of detainees held at Guantanamo Bay, Cuba, the State Department’s Sandra Hodgkinson, deputy director for the Office of War Crimes Issues, said at the roundtable that it is U.S. policy to transfer or release as many people as possible from Guantanamo Bay. “We do not want to detain anyone any longer than is necessary there,” she said.
Although the Supreme Court recently addressed the detainee issue, Hodgkinson said it has always been U.S. policy to provide humane treatment to detainees held at Guantanamo Bay. (See related article.)
“The fact that detainees have decided to take their lives is tragic when it occurs and we regret that, but that has nothing to do with the treatment they have received there at Guantanamo Bay. They’re treated humanely,” Hodgkinson said.
“As citizens of the United States, we have much to be proud of in our civil rights achievements at home and our efforts in promoting human rights abroad,” Waxman said. “We also recognize that along with the role the United States plays in the international system come continuing – indeed, never-ending – responsibilities.”
Texts and transcripts of materials released by the U.S. delegation are available on the Web site of the U.S. Diplomatic Mission to the United Nations in Geneva
The full text of the International Covenant on Civil and Political Rights is available on the United Nations Web site.
For additional information, see United States and U.N. Reform.
(The Washington File is a product of the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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