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120354445
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9807337 [Executive Order, Human Rights Treaties, 13107]
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120354445
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9807337 [Executive Order, Human Rights Treaties, 13107]
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Records of the National Security Council Records Management Office (Clinton Administration)
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Case Number: 2011-0168-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the Clinton Presidential
Library Staff.
Original OA/ID Number:
2066
Document ID:
9807337
Stack:
Row:
Section:
Shelf:
Position:
V
45
6
1
1
UNCLASSIFIED
RECORD ID: 9807337
NSC/RMO PROFILE
RECEIVED: 27 OCT 98 12
TO: DAMUS, R
FROM: DAVIES
DOC DATE: 18 NOV 98
SOURCE REF:
KEYWORDS: HUMAN RIGHTS
TREATIES
PERSONS:
SUBJECT: PROPOSED EXECUTIVE ORDER ON IMPLEMENTATION OF HUMAN RIGHTS TREATIES
ACTION: RICE SGD MEMO
DUE DATE: 02 NOV 98 STATUS: C
STAFF OFFICER: BUSBY
LOGREF:
FILES: PA
NSCP:
CODES:
DOCUMENT DISTRIBUTION
FOR ACTION
FOR CONCURRENCE
FOR INFO
BUSBY
DEROSA
EXECSEC
NSC CHRON
COMMENTS:
DISPATCHED BY
SP
DATE 11/19
BY HAND W/ATTCH
OPENED BY: NSDMK
CLOSED BY: NSGP
DOC 2 OF 2
-
UNCLASSIFIED
UNCLASSIFIED
RECORD ID: 9807337
ACTION DATA SUMMARY REPORT
DOC ACTION OFFICER
CAO ASSIGNED ACTION REQUIRED
001 BERGER
Z 98111709 FOR DECISION
001
X 98111907 STEINBERG APPROVED RECOM
002
X 98111907 RICE SGD MEMO
DISPATCH DATA SUMMARY REPORT
DOC DATE
DISPATCH FOR ACTION
DISPATCH FOR INFO
002 981118 DAMUS, R
UNCLASSIFIED
National Security Council
The White House
PROOFED BY:
LOG # 7337
URGENT NOT PROOFED:
SYSTEM PRS NSC INT ARS
BYPASSED WW DESK:
DOCLOG CO
A/O
SEQUENCE TO
INITIAL/DATE
DISPOSITION
is Cosgriff
Rice
1/4
0"/13 "/18
Davies
Kerrick
2
La
Steinberg
3
Berger
Situation Room
4
West Wing Desk
DMK 11/18
D
Records Mgt.
5
MUMA D
A If Action
I = Information
D = Dispatch
R = Retain
N = No Further Action
CC:
COMMENTS: Proposed EO re Impl.
645 of Human Rights Freaties
Exec Sec Office has diskette yes
]
National Security Council
The White House
PROOFED BY:
LOG # 7337
URGENT NOT PROOFED:
SYSTEM PRS NSC INT ARS
BYPASSED WW DESK:
DOCLOG D
A/O
SEQUENCE TO
INITIAL/DATE
DISPOSITION
K Cosgriff
Rice
14
R n/13 14/18
Davies
Kerrick
2
v
Steinberg
3
Berger
Situation Room
4
West Wing Desk
DMK 11/18
X
Records Mgt.
5
мини D
A = Action
I = Information
D = Dispatch
R = Retain
N = No Further Action
CC:
COMMENTS: Proposed EO re Smpl.
of Haman Rifits Freaties
Exec Sec Office has diskette yes
7337
NATIONAL SECURITY COUNCIL
WASHINGTON, D.C. 20504
November 18, 1998
ACTION
MEMORANDUM FOR ROBERT DAMUS
FROM:
GLYN DAVIES
Oro2
SUBJECT:
Proposed Executive Order on Implementation of
Human Rights Treaties
We are providing the enclosed draft Executive order on
Implementation of Human Rights Treaties for your coordination.
The order has been cleared with the Department of State. We
request that OMB clear the order with other relevant agencies
and complete its processing by December 1, 1998.
Attachment
Tab A Proposed Executive Order
EXECUTIVE ORDER NO. XXXXX
(Date), 1998, X F.R. X
Implementation of Human Rights Treaties
By the authority vested in me as President by the
Constitution and laws of the United States, and
bearing in mind the obligations of the United States
pursuant to the International Covenant on Civil and
Political Rights, the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Convention on the Elimination of All
Forms of Racial Discrimination, and other relevant
treaties concerned with the protection and promotion
of human rights to which the United States is now or
may become a party in the future, it is ordered as
follows:
Section 1. Implementation of Human Rights
Obligations.
(a) It shall be the policy and practice of the
Government of the United States, being committed to
the protection and promotion of human rights and
fundamental freedoms, fully to respect and implement
its obligations under the international human rights
treaties to which it is a party, including the
International Covenant on Civil and Political Rights
(ICCPR), the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
(CAT), and the Convention on the Elimination of All
Forms of Racial Discrimination (CERD). Any
significant questions or issues concerning the
implementation of this section shall be referred to
the Interagency Working Group established by section 7
below.
(b) It shall also be the policy and practice of
the Government of the United States to promote respect
for international human rights, both in our
relationships with all other countries and by working
with and strengthening the various international
mechanisms for the promotion of human rights,
including, inter alia, those of the United Nations and
the Organization of American States.
2
(c) [All Departments and Executive Agencies (as
defined in 5 U.S.C. 101-105, and including Boards and
Commissions) shall maintain a current awareness of
U.S. international human rights obligations which are
relevant to their functions and shall perform such
functions SO as to fully respect and implement those
obligations.] The head of each Department or
Executive Agency shall designate a single contact
officer who will be responsible for overall
coordination of the implementation of this Executive
Order.
Section 2. Responsibility of the Department of State.
The Department of State shall have lead
responsibility within the federal government, in
coordination with other appropriate agencies, for:
(i) Developing and ensuring implementation
of overall policy with respect to international human
rights matters, including matters concerning refugees
and migration, population, extradition, and other
matters within the operating and program
responsibilities and authorities of the Department of
State;
(ii) Coordinating and developing executive
branch analyses and recommendations regarding the
ratification of human rights treaties;
(iii) Developing and managing overall
relations and policies with respect to international
bodies concerned with human rights, and referring
matters within the lead responsibility of other
agencies to the agencies concerned; and
(iv) Preparing all periodic reports
required by the relevant treaties.
Section 3. Responsibility of the Department of
Justice.
The Department of Justice shall have lead
responsibility within the federal government, in
coordination with other appropriate agencies, for:
3
(i) Domestic implementation of international
human rights as a question of federal law, concerning
in particular coordinating that implementation with
the guarantees and protections established by the
United States constitution and laws, including the
laws concerning impermissible discrimination and the
protection and promotion of civil rights;
(ii) Other international human rights matters
related to law enforcement and related subjects,
including detention in prisons and similar facilities
and proceedings regarding and detentions of juveniles
in connection with acts that would be criminal if
committed by adults; and
(iii) Efforts to monitor and promote actions by
state and local authorities consistent with the
relevant treaty obligations.
Section 4. Responsibility of the Department of the
Interior.
The Department of the Interior shall have lead
responsibility, in coordination with other appropriate
agencies, within the federal government for questions
concerning the human rights performance and compliance
of Commonwealths, territories, and federally
recognized tribes, as well as human rights matters
concerning the treatment of native Americans and other
indigenous populations in the United States.
Section 5. Responsibility of Other Executive
Departments and Agencies
The heads of other Executive Departments and
Agencies shall have lead responsibility, in
coordination with other appropriate agencies, for
questions concerning implementation of human rights
obligations that fall within their respective
operating and program responsibilities and authorities
or, to the extent that a matter does not fall within
4
the operating and program responsibilities and
authorities of any federal government Executive
Department or Agency, that most closely relate to their
general areas of concern.
Section 6. Human Rights Inquiries and Complaints
Each Executive Department or Agency shall take
lead responsibility, in coordination with other
appropriate agencies, for investigating and responding
to inquiries, requests for information, and complaints
about violations of human rights obligations that fall
within their areas of responsibility as defined in
sections 2-5 of this order, or, if the matter does not
fall within their area of responsibility, referring it
to the appropriate Department or Agency for response.
Each Executive Department or Agency shall keep
appropriate records of its efforts on these matters.
Section 7. Interagency Working Group on Human Rights
Treaties
(a) There is hereby established an Interagency
Working Group on Human Rights Treaties, for the
purpose of providing guidance, oversight and
coordination with respect to questions concerning the
adherence to and implementation of human rights
obligations and related matters.
(b) The NSC shall chair the Interagency Working
Group, which shall consist of appropriate policy and
legal representatives at the Assistant Secretary level
from the Department of State, the Department of
Justice, the Department of Defense, the Joint Chiefs of
Staff, and other agencies as appropriate. The
principal members may designate alternates to attend
meetings in their stead.
(c) The principal functions of the Interagency
Working Group shall include:
(i) Coordinating the inter-agency review,
analysis and recommendations in Connection with
pursuing the ratification of human rights treaties, as
such questions may from time to time arise;
5
(ii) Coordinating the preparation of reports that
are to be submitted by the United States in
fulfillment of treaty obligations;
(iii) Coordinating the responses of the United
States Government to complaints against it concerning
human rights violations, in particular those to be
submitted to the United Nations, the Organization of
American States and other international organizations;
(iv) Developing effective mechanisms to ensure
that legislation proposed by the Administration is
reviewed for conformity with international human
rights obligations, and that these obligations are
taken into account in reviewing legislation proposed
by Congress as well;
(v) Developing recommended proposals and
mechanisms for improving the monitoring of
implementation by the various states, Commonwealths,
and territories of the United States and, where
appropriate, of native Americans and federally
recognized tribes, including the review of state,
commonwealth and territorial laws for conformity with
relevant obligations, the provision of relevant
information for reports and other monitoring purposes,
and the promotion of effective remedial mechanisms;
(vi) Developing plans for public outreach and
education concerning the provisions of the ICCPR, CAT,
CERD and other relevant treaties, and human rights
related provisions of domestic law;
(vii) Coordinating and directing an annual review
of reservations and understandings to human rights
treaties, and matters as to which there have been non-
trivial complaints or allegations of inconsistency
with or breach of international human rights
obligations, in order to determine whether there
should be consideration of any modification of
relevant reservations, declarations, understandings,
or U.S. practices or laws. The results and
recommendations of this review shall be reviewed by
the head of each participating agency;
6
(viii) Making such other recommendations as it
shall deem appropriate to the President, through the
Assistant to the President for National Security
Affairs, concerning U.S. adherence to or
implementation of human right treaties and related
matters; and
(ix) Coordinating such other significant tasks in
connection with human rights treaties or international
human rights institutions, including the Inter-
American Commission on Human Rights and the Special
Rapporteurs and complaints procedures established by
the United Nations Human Rights Commission.
Sec. 8. Cooperation among Executive Departments and
Agencies.
All Executive departments and Agencies shall
cooperate in the effectuation of the provisions of
this Order. The Interagency Working Group shall
facilitate such cooperative measures.
7337
NATIONAL SECURITY COUNCIL
WASHINGTON, D.C. 20504
November 13, 1998
ACTION
MEMORANDUM FOR SAMUEL R. BERGER
SB a
SB h
THROUGH:
ERIC SCHWARTZ/JAMES BAKER
SB
SB a
FROM:
SCOTT BUSBY/MARY DEROSA
SUBJECT:
Proposed Executive Order on Implementation of
Human Rights Treaties
During the past several years, the Department of State, the U.N.
Human Rights Committee (which oversees compliance with the
International Covenant on Civil and Political Rights) and a
number of nongovernmental organizations have recommended that
the U.S. Government develop an effective mechanism for
coordinating implementation of duties under those human rights
treaties to which we are a party. Coordination is particularly
difficult in this area because responsibilities cut across
traditional national security and domestic bureaucratic
arrangements. Thus, there is value to establishing a mechanism
to coordinate interagency action on these issues (e.g.,
preparing periodic treaty compliance reports and evaluating
whether to support ratification of other human rights treaties).
State has drafted the attached Executive Order to address these
concerns. It has been cleared by all affected bureaus at State,
as well as by Tom Pickering's office.
The E.O. would first make clear that it is U.S. government
policy to respect and implement its international human rights
obligations. Second, the E.O. assigns lead responsibility to
various agencies for implementation of human rights obligations
within their respective purviews. Finally, and most
significantly, the E.O. would establish an NSC-chaired
Interagency Working Group on Implementation of Human Rights
Treaties. This IWG would coordinate implementation efforts as
well as other activities relating to international human rights
treaties.
2
We support such an E.O. and request your approval to circulate
it for interagency concurrence. We plan to make this E.O. one
of the key deliverables for the proposed 50th anniversary
commemoration of the signing of the Universal Declaration of
Human Rights on December 10.
RECOMMENDATION
That you authorize Glyn Davies to sign the memorandum to Robert
Damus.
Approve Ms Disapprove
Attachments
Tab I Memorandum to Robert Damus
Tab A Proposed Executive Order on Implementation of Human
Rights Treaties
7337
4
the operating and program responsibilities and
authorities of any federal government Executive
Department or Agency, that most closely relate to their
general areas of concern.
Section 6. Human Rights Inquiries and Complaints
Each Executive Department or Agency shall take
lead responsibility, in coordination with other
appropriate agencies, for investigating and responding
to inquiries, requests for information, and complaints
about violations of human rights obligations that fall
within their areas of responsibility as defined in
sections 2-5 of this order, or, if the matter does not
fall within their area of responsibility, referring it
to the appropriate Department or Agency for response.
Each Executive Department or Agency shall keep
appropriate records of its efforts on these matters.
Section 7. Interagency Working Group on Human Rights
Treaties
(a) There is hereby established an Interagency
Working Group on Human Rights Treaties, for the
purpose of providing guidance, oversight and
coordination with respect to questions concerning the
adherence to and implementation of human rights
obligations and related matters.
(b) The NSC shall chair the Interagency Working
Group, which shall consist of appropriate policy and
legal representatives at the Assistant Secretary level
from the Department of State, the Department of
Justice, the Department of Defense, the Joint Chiefs of
Staff, and other agencies as appropriate. The
principal members may designate alternates to attend
meetings in their stead.
(c) The principai functions of the Interagency
Working Group shall include:
(i) Coordinating the inter-agency review,
analysis and recommendations in Connection with
pursuing the ratification of human rights treaties, as
such questions may from time to time arise;