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Table of Contents Chapter 6 HUMAN RIGHTS 142 A Table of Contents Chapter 6 HUMAN RIGHTS 142 A. GENERAL 142 1. Country Reports on Human Rights Practices 142 2. Periodic Report to the UN Committee on Human Rights Concerning the International Covenant on Civil and Political Rights 142 3. Human Rights Council 143 a. Overview 143 b. U.S. Universal Periodic Review 144 c. Work of Special Representative: Guiding Principles on Business and Human Rights 148 d. Actions regarding Libya 149 (1) Special Session 149 (2) Suspension of Libya from Membership 151 e. Actions regarding Syria 153 (1) Special Session on Syria in April (16th Special Session) 153 (2) Special Session on Syria in August (17th Special Session) 155 (3) First report of the Commission of Inquiry 157 (4) Special Session on Syria in December (18th Special Session) 158 B. DISCRIMINATION 159 1. Race 159 a. Overview 159 b. Durban follow-up and tenth anniversary commemorations 159 (1) Human Rights Council 159 (2) General Assembly 161 c. Other issues relating to protecting freedom expression while countering racism or intolerance 162 d. OAS Resolution on the Draft Inter-American Convention Against Racism 164 2. Gender 165 a. Women, Peace, and Security 165 (1) The United States National Action Plan on Women, Peace, and Security 165 (2) United Nations actions on women, peace, and security 172 b. Women’s health 174 c. Women and nationality 175 d. UN Commission on the Status of Women 176 3. Sexual Orientation 176 a. March Joint Statement at the Human Rights Council 177 b. June Human Rights Council Resolution 177 c. U.S. initiatives to protect the human rights of LGBT persons 179 4. Age 187 5. Persons with Disabilities 188 C. CHILDREN 190 1. Optional Protocols to the Convention on the Rights of the Child 190 2. Children and Armed Conflict 191 a. Security Council 191 b. Child soldiers 192 3. Resolutions on Rights of the Child 192 a. Human Rights Council 192 b. General Assembly 194 4. Resolution on the Girl Child 195 D. ECONOMIC, SOCIAL, AND CULTURAL RIGHTS, AND RELATED ISSUES 195 1. Overview 195 2. Health Care 199 3. Food 200 a. Human Rights Council resolution 200 b. General Assembly resolution 201 4. Water and Sanitation 202 a. Human Rights Council resolution 202 b. Independent Expert’s Mission to the United States 203 c. U.S remarks at the General Assembly 204 5. Cultural Issues 205 a. Human Rights Council resolution 205 b. General Assembly resolution 206 c. Statement at Human Rights Council 206 6. Hazardous waste 207 7. Foreign Debt and Human Rights 208 8. Development 208 a. U.S. Statement at the Human Rights Council 208 b. Human Rights Council resolutions 209 c. General Assembly resolutions 211 (1) World Summit for Social Development 211 (2) Right to Development 212 E. INDIGENOUS ISSUES 212 1. Free, Prior and Informed Consent 212 2. U.N. Declaration on the Rights of Indigenous Peoples 212 3. U.S. Statement at the Inter-American Commission on Human Rights 213 F. PROTECTION OF MIGRANTS 214 G. CLIMATE CHANGE 215 H. TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT 217 I. JUDICIAL PROCEDURE, PENALTIES, AND RELATED ISSUES 217 1. Death Penalty 217 2. Extrajudicial, Summary or Arbitrary Executions 217 J. PROMOTION OF TRUTH, JUSTICE, REPARATION 219 K. RULE OF LAW AND DEMOCRACY PROMOTION 219 1. Periodic and Genuine Elections 219 2. Civil Society 220 a. Strategic Dialogue with Civil Society 220 b. Human Rights Council 220 3. Open Government Partnership 222 L. FREEDOM OF EXPRESSION 224 1. General 224 2. Internet Freedom 229 3. Religion 235 a. Freedom of religion 235 (1) Designations under the International Religious Freedom Act 235 (2) Annual Report on International Religious Freedom 235 b. Combating discrimination based on religion 235 (1) Human Rights Council resolution 235 (2) General Assembly resolution 238 (3) The “Istanbul Process” to implement Resolution 16/18 240 (4) Letter to the Editor from Assistant Secretary Posner and Ambassador Cook 244 M. PROMOTION OF HUMAN RIGHTS DURING THE ARAB SPRING 245 N. FREEDOM OF ASSEMBLY AND ASSOCIATION 250 O. HUMAN RIGHTS AND COUNTERTERRORISM 250 Cross References 252 Chapter 6 Human Rights A. GENERAL 1. Country Reports on Human Rights Practices On April 8, 2011, the Department of State released the 2010 Country Reports on Human Rights Practices. The Department of State submits the document annually to Congress in compliance with §§ 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (“FAA”), as amended, and § 504 of the Trade Act of 1974, as amended. These reports are often cited as a source for U.S. views on various aspects of human rights practice in other countries. The reports are available at www.state.gov/g/drl/rls/hrrpt/2010 ; Secretary of State Hillary Rodham Clinton’s remarks on the release of the reports are available at www.state.gov/secretary/rm/2011/04/160363.htm. 2. Periodic Report to the UN Committee on Human Rights Concerning the International Covenant on Civil and Political Rights On December 30, 2011, the United States submitted the Fourth Periodic Report of the United States of America to the UN Committee on Human Rights Concerning the International Covenant on Civil and Political Rights (“ICCPR” or “Covenant”), available at www.state.gov/j/drl/rls/179781.htm#iii. As explained in the introduction to the Fourth Periodic Report, the United States followed the guidelines of the Human Rights Committee in terms of the form and content of the report, which supplements information provided in the U.S. Initial Report of 1994 and information provided in the U.S. combined Second and Third Periodic Report of 2005. See Cumulative Digest 1991-1999 at 873-78 and Digest 2005 at 258-300 for background on previous U.S. periodic reports. Paragraph 4 in the introduction to the report explained that the report reflects U.S. consideration of the views of the Committee and civil society: In this report, the United States has considered carefully the views expressed by the Committee in its prior written communications and public sessions with the United States. In the spirit of cooperation, the United States has provided as much information as possible on a number of issues raised by the committee and/or civil society, whether or not they bear directly on formal obligations arising under the Covenant. During preparation of this report, the U.S. Government has consulted with representatives of civil society and has sought information and input from their organizations. Civil society representatives have raised a variety of concerns on many of the topics addressed in this report, a number of which are noted in the text of the report. The United States Government has also reached out to state, local, tribal, and territorial governments to seek information from their human rights entities on their programs and activities, 142 143 DIGEST OF UNITED STATES PRACTICE IN INTERNATIONAL LAW which play an important part in implementing the Covenant and other human rights treaties. Information received from this outreach is referenced in some portions of the report and described in greater detail in Annex A to the Common Core Document. The report is comprehensive and covers a wide range of subjects, including law and practice in the United States to protect freedoms of speech, religion, association, peaceful assembly, non-discrimination, and privacy. It also addresses liberty of movement, due process and fair judicial procedures, and equality under the law. The report also covers the rights to be free from arbitrary arrest or detention, torture, cruel, inhuman, or degrading treatment or punishment, and slavery or involuntary servitude. Other subjects addressed by the report include expulsion of aliens and protection of children. 3. Human Rights Council a. Overview The United States participated in three regular sessions of the Human Rights Council in 2011. The Council convened for its 16th session in March. For U.S. statements and positions at the 16th session, see http://geneva.usmission.gov/tag/16th-session/. U.S. accomplishments at the 17th session, which concluded on June 17, are also described on the website of the U.S. Mission in Geneva at http://geneva.usmission.gov/2011/06/21/u-s- accomplishments-at-u-n-human-rights-council%E2%80%99s-17th-session/. Key accomplishments of the United States at the 18th session, which concluded on September 30, are summarized at http://geneva.usmission.gov/2011/10/03/accomplishments- unhrc18/. On June 17, 2011, John F. Sammis, U.S. Deputy Representative to the Economic and Social Council (“ECOSOC”), provided an explanation of the U.S. vote on a resolution in the General Assembly on the Human Rights Council 2011 Review. The U.S. voted no because of its unfavorable view regarding the process and outcome of the Human Rights Council Review, a process authorized in the General Assembly resolution that established the Council in 2006. U.N. Doc. No. A/RES/60/251. Mr. Sammis’ statement is excerpted below and available at http://usun.state.gov/briefing/statements/2011/166477.htm. ___________________ * * * * Thank you, Mr. President. In Geneva and New York, the United States has repeatedly urged our fellow members to join us in conducting a thorough, comprehensive review of the Human Rights Council that would significantly improve its ability to meet its core mission: promoting and protecting human rights. Unfortunately, the Geneva process failed to yield even minimally positive results, forcing us to dissociate from the outcome. We appreciate the work that the co-facilitators have done in New York over the past months, but the final resolution before us also fails to address the core problems that still plague the Human Rights Council.
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