US Defends Human Rights Record Before UN

On Nov. 9, 2010 the United Nations Human Rights Council (HRC) issued a report with 228 recommendations for the U.S. on improving its obligations to protect and promote human rights. The report was released on the same day the HRC finished its first ever Universal Periodic Review (UPR) of the U.S.’s human rights record. Recommendations included establishing a national human rights institution, improving the national watchlist system and eliminating racial profiling by law enforcement. Representatives of the Obama administration said it is a strong supporter of the UPR process and will consult with civil society groups before formally responding to the recommendations in a report due in March 2011.

As part of the UPR process, representatives from 56 countries lined up in Geneva, Switzerland on Nov. 5 to comment on human rights violations of the U.S. Charges ranged from ignoring obligations of international human rights agreements to not protecting freedoms of expression and religion to all Americans. Michael Posner, the U.S.  Assistant Secretary of State for Democracy and Human Rights, told a news briefing after the council debate that the US got “a fair hearing”.

One of the top Obama officials present at the review, Harold Koh, Legal Advisor U.S. Department of State, said the administration would conduct “a considered, interagency examination of all 228 recommendations” and that some of the recommendations “invite fuller discussion within our government and with our own civil society.” Many U.S. groups, including the Charity and Security Network (CSN), filed statements calling attention to needed improvements in the U.S. government’s human rights practices. CSN’s filing stressed the need to remove barriers to the legitimate work of U.S. charities created by current national security laws, which inhibit civil society’s ability to “support and protect vulnerable people around the world, promote human rights and contribute to sustaining democratic societies.”

Koh’s remarks were welcomed by many human rights advocates who had been closely involved in the UPR process and hope these recommendations are brought home through federal coordination with state and local governments. Jamil Dakwar, Director of the American Civil Liberties Union Human Rights Program, said, “The Obama administration should be commended for its participation in the UPR…But in order to lead by example, this international engagement must be followed by concrete domestic policies and actions and a commitment to fixing all domestic human rights abuses – not just the ones that are most convenient.”

At a town hall press conference immediately after the U.S.’s review (full transcript available here), Koh and other top U.S. officials responded to questions from U.S. civil society groups. Wade Henderson, president of the Leadership Conference on Civil and Human Rights, asked if the administration would issuean Executive Order to create an interagency working group on human rights. Posner responded by saying the administration is “not there yet, but I think one of the elements that is clearly envisioned is a stronger interagency process… we need to figure out a practical, efficient way to get feedback from you and others around the country and to put some concrete proposals in front of ourselves.”