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THETHE ROADROAD TTOO R RIGHTS:IGHTS: ESTABLISHINGESTABLISHING AA DDOMESTICOMESTIC H HUMANUMAN RIGH RIGHTSTS INSTITUTIONINSTITUTION ININ T THEHE U UNITEDNITED ST STATESATES A Post-Conference Report from the Global Convening on National Human Rights Commissions A Post-Conference Report from the Global Convening on National Human Rights Commissions THE ROAD TO RIGHTS: E STABLISHING A DOMESTIC HUMAN RIGHTS INSTITUTION IN THE UNITED StATES Report from the Global Exchange on National Human Rights Commissions at the Rockefeller Foundation Center, Bellagio, Italy: August 2-6, 2010 Dedicated to the memory of John Payton, a participant in the Global Convening, whose passionate commitment, wisdom and tireless efforts to advance civil and human rights have had a profound impact on the United States and the world. The Global Exchange was co-convened by The Leadership Conference Education Fund and Columbia Law School’s Human Rights Institute, advocacy and academic institutions based in Washington, D.C., and New York City, respectively. The convening was made possible by generous support from the Rockefeller Foundation, the U.S. Human Rights Fund and the Ford Foundation. The Leadership Conference Education Fund is the sister organization to The Leadership Conference on Civil and Human Rights, the Nation’s oldest and largest civil rights coalition, consisting of more than 200 national organizations, represent- ing persons of color, women, children, labor unions, individuals with disabilities, older Americans, major religious groups, gays and lesbians and civil liberties and human rights groups. The Leadership Conference was founded in 1950 and has coordinated national lobbying efforts on behalf of every major civil rights law since 1957. Since 1969, The Education Fund has assisted the work of the civil and human rights coalition in providing research, education, and communications regarding the need for national public policy that provides opportunity and justice for all. The Human Rights Institute, founded in 1998, serves as the focal point of international human rights education, scholarship and practice at Columbia Law School. The Institute fosters the development of a rich and comprehensive human rights cur- riculum and builds bridges between theory and practice, between law and other disciplines, between constitutional rights and international human rights, and between Columbia Law School and the worldwide human rights movement. Our Human Rights in the U.S. Project builds the capacity of domestic lawyers, policy-makers and advocates to incorporate a human rights framework into social justice advocacy. The Project also directly contributes to the development of legal theories and positive precedents based on international law through work on select litigation before U.S. courts, in international and regional fora, and through other advocacy projects. THE RoaD To RIGHTS Table of Contents Foreword . 3 Executive Summary. 7 I. Introduction . 11 A. Support for Human Rights in the U.S. 11 B. Calls for a Domestic Human Rights Monitoring Body . 12 II. Convening Background . 13 A. Global Proliferation of National Human Rights Institutions . 13 B. Domestic Proposals for a Human Rights Monitoring Body . 14 C. International Calls for a U.S. National Human Rights Institution . 16 III. Convening Overview . 17 A. Convening Goals . 17 B. Convening Structure . 17 C. Convening Outcomes. 18 IV. Key Ingredients For a U.S. Human Rights Institution. 19 A. Mandate . 19 B. Essential Functions and Powers . 20 1. Engaging in Fact-Finding and Assessing Human Rights Situations Through Investigations, Hearings and Inquiries . 21 2. Advising, Reporting and making Recommendations Regarding Human Rights Implementation . 22 3. Promoting Human Rights Education and Awareness . 22 4. Undertaking and Promoting Human Rights Research . 23 5. monitoring governmental Agencies to Ensure Compliance . 24 With Domestic Civil Rights Laws and International Standards 6. Partnering With Subnational Human Rights Structures and Indigenous governing bodies . 25 7. Proactive Engagement With Civil Society . 26 8. Authority to Strengthen Domestic Human Rights Compliance by Engaging With Regional and International Human Rights bodies . 27 9. Flexibility to Achieve its mandate . 28 ESTAbLISHINg A DOmESTIC HUmAN RIgHTS INSTITUTION IN THE UNITED STATES THE RoaD To RIGHTS C. Potential Additional Functions and Powers . 29 1. Complaint Handling. 29 2. Participating in Domestic Litigation . 30 a. Initiating Litigation to Ensure Compliance With Civil and Human Rights Laws . 31 b. Filing Amicus Curiae briefs at the Federal Level . 31 D. Structural Characteristics to Promote Independence and Effectiveness . 32 1. Adequate Resources and Autonomy . 33 2. Transparent Appointment and Removal Processes . 33 3. Ability to Assess Human Rights Locally . 33 V. Next Steps & Challenges . 35 A. Strengthening and Transforming the U.S. Civil Rights Commission as an Initial Step to Establishing a U.S. Human Rights Institution . 35 B. Ensuring Local Presence and Impact . 36 C. Establishing Broad Based Support . 36 D. Carrying Out Additional Research . 37 E. Need for a Campaign to Undertake Additional Tasks . 37 VI. Conclusion . 39 VII. Appendix . 40 A. Domestic Proposals for a Human Rights Monitoring Body . 40 B. Details of International Calls for a U.S. National Human Rights Institution . 47 C. List of Relevant U.S. Federal Civil Rights Laws and Enforcing Agencies . 48 D. Convening Agenda . 55 E. Meeting Participants . 61 F. Contact Information for Select National Human Rights Commissions . 63 G. Paris Principles . 64 Endnotes . 67 ESTAbLISHINg A DOmESTIC HUmAN RIgHTS INSTITUTION IN THE UNITED STATES THE RoaD To RIGHTS 1 acknowledgements This report builds upon an international meeting convened ment and contributing to drafts of the report. Risa Kaufman, by the Human Rights Institute and The Leadership Confer- executive director of Columbia Law School’s Human Rights ence Education Fund. JoAnn Kamuf Ward, associate direc- Institute, provided substantial input into the convening and tor of the Human Rights in the U.S. Project at Columbia guided the development of this report. June Zeitlin, director Law School’s Human Rights Institute co-coordinated the of The Leadership Conference on Civil and Human Rights/ convening, conducted comparative research and drafted the The Education Fund’s CEDAW project, Margaret Huang, report. Fordham Law Professor Catherine Powell developed executive director of the Rights Working Group, and Debo- the initial concept for the convening as well as the conven- rah J. Vagins, senior legislative counsel for the American Civil ing proposal. Wade Henderson, president and CEO of The Liberties Union, Washington Legislative Office, reviewed, Leadership Conference on Civil and Human Rights and The edited and contributed to drafts of the report. Contributing Leadership Conference Education Fund played a key role in researchers and editors from Columbia Law School include conceptualizing the convening and this report. Karen McGill Zarizana Abdul-Aziz, Esha Bhandari, Alison Corkery, Lisa Lawson, executive vice president and Chief Operating Officer Knox, Sarah Morris and Brian Rice. of The Leadership Conference on Civil and Human Rights We are grateful to the participants in the Global Conven- and The Leadership Conference Education Fund partnered ing, who shared insights, expertise and experience and whose in coordinating the convening, shaping this Outcomes Docu- contributions laid the foundation for this report. ESTAbLISHINg A DOmESTIC HUmAN RIgHTS INSTITUTION IN THE UNITED STATES THE RoaD To RIGHTS 3 Foreword By Wade Henderson, President and CEO, The Leadership Conference on Civil and Human Rights “We hold these truths to be self-evident, that all men are Human Rights: created equal, that they are endowed by their Creator The U.S. Leads the Way Worldwide with certain unalienable Rights, that among these are While America’s journey toward justice has never been easy, Life, Liberty and the pursuit of Happiness.” it has widened the circle of citizenship in our own country — U.S. Declaration of Independence, 1776 and inspired a watchful world. As the vision of democracy and human rights has expanded in this country, it has been “Whereas recognition of the inherent dignity and of the embraced in other countries. And the United States helped equal and inalienable rights of all members of the human to lead the way. family is the foundation of freedom, justice and peace in As early as January 1941, President Franklin D. Roosevelt the world…” proposed four fundamental freedoms—freedom of speech, freedom of worship, freedom from want, and freedom from — Universal Declaration of Human Rights, 1948 fear—that people “everywhere in the world” ought to enjoy. After the nation entered World War II, these “Four Freedoms” Human Rights: were widely believed to be the aims of the U.S., its allies and Building and Bettering america freedom fighters in Europe, Asia and Africa. With the allied victory in World War II and the founding The Declaration of Independence sets forth the American of the United Nations, Eleanor Roosevelt chaired the com- Creed: All persons have rights that must be respected by vir- mission that drafted the Universal Declaration of Human tue of our humanity. This basic belief in human rights under- Rights. Adopted by the U.N. General Assembly in 1948, girds the Constitution, the Bill of Rights, the Emancipation the document declares, “All human beings are born free and Proclamation, the Reconstruction