HUMAN RIGHTS

HUMAN RIGHTS. The concept of human rights has evolved over time, and various countries have emphasized different aspects of human rights principles and policy. Some nations have emphasized traditional civil and political rights (both individual and collective), whereas others—particularly communist and socialist regimes—have emphasized the concept of economic and social rights. Some governments have embraced both sets of principles.

In the United States, the concept of certain individual and collective rights—in particular, civil and political rights—as "natural" or "unalienable" can be traced back to colonial times, reflecting the influence of John Locke and other political theorists. This concept was clearly set forth in the Declaration of Independence and was codified in the Constitution and the Bill of Rights. The United States has long regarded international human rights standards as universal. It has rejected the arguments of nations such as China, which claim that such standards can be discounted as mere "Western" concepts and argue that human rights should be viewed through the prism of each nation's history and culture. Unlike many governments, the United States acknowledges that some human rights problems persist within its territory despite its generally good record and accepts that universal human rights standards involve study and criticism of such matters.

Initiatives since World War II

World War II (1939–1945) gave impetus to the modern development of basic principles of human rights and to the general acceptance of the idea that the human rights practices of individual countries toward their own citizens are legitimate matters of international concern. The 1945 United Nations Charter included a general commitment to respect for human rights, but it was the Universal Declaration of Human Rights (adopted by the UN General Assembly in 1948) that provided the basic statement of what have become widely accepted international human rights standards. The former first lady Eleanor Roosevelt played a key role in the formulation of the Universal Declaration.

Human rights principles, policy, and practices became an increased focus of popular and public attention in the United States during the last quarter of the twentieth century. Several influential nongovernmental organizations (NGOs) were formed during this period to monitor and report on human rights matters. For example, both Human Rights Watch and the Lawyers Committee for Human Rights were formed in 1978, and Physicians for Human Rights was formed in 1986. In addition, both the legislative and the executive branches of the U.S. government took significant steps during this period to make the promotion of human rights a government priority.

The new emphasis on human rights led to a congressional requirement for the annual submission by the Department of State of "a full and complete report" on the status of human rights practices around the world. The first of the Country Reports on Human Rights Practices was submitted in 1977 (covering 1976). It surveyed the situation in eighty-two countries in less than 300 pages. By 2000, 194 individual reports were included, covering virtually every country in the world, and the overall report was more than 5,000 pages. The Country Reports evolved and expanded over the years, covering many of the rights included in the Universal Declaration and multilateral accords to which the United States is a party, as well as some rights in internationally accepted covenants to which the United States is not a party. Over time, the Country Reports added coverage of specific problems that became matters of public concern. For example, in the 1990s, Congress mandated coverage of children, indigenous people, refugees, and worker rights, and the State Department itself expanded coverage of women's rights, people with disabilities, and religious, national, racial, and ethnic minorities. Problems noted in the Country Reports can lead to the denial of aid and trade preferences. The Country Reports were initially subject to criticism as biased in some cases by policy concerns, and for many years the Lawyers Committee for Human Rights published an annual critique. However, by the late 1990s, the Country Reports were widely acknowledged to be a comprehensive and credible account of global human rights practices, and the Lawyers Committee had ceased publishing its critique.

In 1976, Congress established within the State Department a coordinator for human rights and humanitarian affairs; in 1977, under the Carter administration, which established human rights as a foreign policy priority, this position was upgraded to assistant secretary. In 1994, the Bureau of Human Rights and Humanitarian Affairs was reorganized and renamed the Bureau of Democracy, Human Rights, and Labor, to reflect both a broader scope and a more focused approach to the inter-locking issues of democracy, human rights, and worker rights.

Broadening Human Rights Concerns

American efforts to encourage respect for human rights increased significantly during the 1990s. The United States ratified the International Covenant on Civil and Political Rights (ICCPR) in 1992 (however, by the early twenty-first century it had not yet ratified the International Covenant on Economic, Social, and Cultural Rights, or a number of other key international conventions). While the Universal Declaration did not entail any legal obligations, the ICCPR bound nations to respect its provisions and report on their observance; the United States submitted its first report under the ICCPR in 1994.

Also in 1994, Congress created the position of senior adviser for women's rights in the State Department, and women's rights became a major focus of U.S. activity. In 1995, First Lady Hillary Clinton played a leading role in equating women's rights and human rights at the Fourth World Conference on Women in Beijing. In 2000, the focus on women's rights was reflected in the Victims of Trafficking and Violence Protection Act, which required a State Department report to Congress; the first report was submitted in 2001. Trafficking in persons—particularly women and children—is a significant transnational human rights problem, which became the focus of increased international attention in the late 1990s.

In the mid-1990s, growing public and congressional concern about religious persecution abroad led to calls for increased government action and reporting about such abuses. In 1996, Secretary of State Warren Christopher established the Advisory Committee on Religious Freedom Abroad to advise the secretary and the president on integrating the protection and promotion of religious freedom into U.S. foreign policy. In 1998, Congress passed the International Religious Freedom Act, which provided for an ambassador-at-large, a bipartisan U.S. Commission on International Religious Freedom, an annual State Department report, and possible sanctions against nations that restricted religious freedom.

During the 1990s, the United States placed increasing emphasis on encouraging democratization, promoting justice and accountability, and assisting the development of civil society. Through both direct assistance and the work of the National Endowment for Democracy, the United States promoted the development of key institutions and processes that provide the foundation for democratic governance, including support for free elections, free media, and free trade unions, training in the rule of law and the administration of justice, the empowerment of women, and the creation of NGOs and other institutions of civil society.

The United States also worked extensively with NGOs and international organizations to promote and protect human rights. The development of transnational human rights networks and a global human rights community, particularly after the 1993 World Conference on Human Rights in Vienna and the Beijing Women's Conference, facilitated international debate over issues of democratization and justice. The 1998 arrest of General Au-gusto Pinochet in London at the request of a Spanish judge who wanted to try Pinochet in Spain for torture and political killings during his seventeen-year rule in Chile marked a watershed development. Although the British government ultimately allowed Pinochet to return home, his sixteen-month detention was a precedent for the globalization of efforts to assure justice and accountability. His near extradition helped generate a worldwide movement to hold heads of state accountable for human rights abuses committed while they were in power.

The U.S. government has played an active role in multilateral forums such as the UN Human Rights Commission in Geneva, pressing for resolutions critical of human rights abuses in countries such as China and Cuba. The United States has supported the efforts of regional bodies such as the Organization of American States and the Organization for Security and Cooperation in Europe, and has worked to build multilateral coalitions for human rights sanctions, monitoring, and relief efforts.

The United States also has worked to build new institutions to advance the protection of human rights. It supported the creation of the office of the UN high commissioner for human rights in 1993. Abuses and atrocities in Europe and Africa in the 1990s, including genocide in Rwanda and "ethnic cleansing" in Bosnia, led to sustained efforts to further accountability and justice. In response to these crises, the United States played a key role in the establishment of the International Criminal Tribunals for the Former Yugoslavia and Rwanda. The United States also supported the establishment and efforts of national or international "truth commissions," where internal conflicts and the transition from authoritarian rule made them an essential part of the peace process. Such truth commissions can provide a forum for victims to detail atrocities committed and discredit the perpetrators, particularly if prosecution is impractical or impossible, as in South Africa.

However, at times, the United States has not fully supported some international institutions. Although in late 2000 it signed the treaty to establish an International Criminal Court, concern in Congress in particular that the court might be able to prosecute U.S. service personnel abroad has prevented ratification. In 2001, the U.S. government renounced the accord. Also in 2001, concern that some nations would seek to use the World Conference against Racism for political purposes led the United States to limit its participation.

The United States played a major role in developing the Convention against Torture, which it signed in 1992 and ratified in 1994. Subsequently, the executive branch established regulations to ensure that those who were likely to be tortured if returned to their country of origin could not be extradited or deported. The National Institute of Mental Health has provided significant funding for research into the problems of survivors of torture, and the Office of Refugee Resettlement in the Department of Health and Human Services has provided funding to organizations in major cities to identify torture survivors among refugee communities. The U.S. Agency for International Development has supported programs around the world to assist torture victims, and the United States has been the largest single donor to the UN Voluntary Fund on Torture. Since 1980, the United States has supported civil claims by torture victims. In 1992, the president and Congress worked together to enact the Torture Victims Protection Act and, in 1998, the Torture Victims Relief Act to support the efforts of torture victims who sought refuge in the United States to seek justice and compensation for their suffering.

The United States has focused increasingly on issues of worker rights and, particularly in the late 1990s, on problems such as forced labor (including forced child labor) and sweatshop labor. As part of its anti-sweatshop initiative, the U.S. government has awarded millions of dollars in grants to organizations that promote justice in the workplace. During the 1990s, the United States increasingly sought to promote corporate social responsibility in the global struggle for human rights. This concept entailed recognition that profits could not be considered apart from human costs, in terms of human rights, labor standards, and environmental issues, and that these factors should be integrated into business practices. The United States has worked closely with the International Labor Organization on worker rights problems around the world. The Department of State's Advisory Committee on Labor Diplomacy was established in 1999, as was the position of special representative for international labor affairs. In 2000, the United States played a leading role in the development and adoption of a business code of conduct aimed at preventing abuses by governments in developing nations where international corporations operate. A group of major energy and mining companies joined with human rights organizations in adopting this voluntary statement of principles.

At the start of the twenty-first century, the cause of democracy and respect for human rights continued to progress. In its 2000–2001 survey, Freedom in the World, Freedom House reported that there were 86 free countries, 58 partly free countries, and 48 countries rated not free (in which basic political rights and civil liberties were denied). This represented an improvement compared with the figures of 65, 50, and 50, respectively, in its 1990–1991 survey. Nonetheless, violations of basic human rights, severe persecution, and egregious abuses, still forma systematic pattern in much of the world.

HUMAN RIGHTS

Initiatives since World War II

Broadening Human Rights Concerns

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