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United States of America United Nations A/HRC/WG.6/36/L.11 General Assembly Distr.: Limited 18 November 2020 Original: English UNEDITED VERSION Human Rights Council Working Group on the Universal Periodic Review Thirty-sixth session Geneva, 2–13 November 2020 Draft report of the Working Group on the Universal Periodic Review* United States of America * The annex is being circulated without formal editing, in the language of submission only. GE. A/HRC/WG.6/36/L.11 Introduction 1. The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1, held its thirty-sixth session from 2 to 13 November 2020. The review of the United States of America was held at the 12th meeting, on 9 November 2020. The delegation of the United States of America was headed by Ambassador Andrew Bremberg, Permanent Representative of the United States of America to the Office of the United Nations and Other International Organizations in Geneva, Mr. Robert Destro, Assistant Secretary, Bureau of Democracy, Human Rights and Labor, United States Department of State and Mr. Marik String, Acting Legal Adviser, United States Department of State. At its 17th meeting, held on 13 November 2020, the Working Group adopted the report on the United States of America. 2. On 14 January 2020, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of the United States of America: the Bahamas, Germany and Pakistan. 3. In accordance with paragraph 15 of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents were issued for the review of the United States of America: (a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/36/USA/1); (b) A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/36/USA/2); (c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/36/USA/3). 4. A list of questions prepared in advance by Belgium, Canada, China, Germany, Islamic Republic of Iran, Portugal, on behalf of Group of Friends on national mechanisms for implementation, reporting and follow-up, Serbia, Slovenia, Sweden, Syrian Arab Republic, the United Kingdom of Great Britain and Northern Ireland and Uruguay was transmitted to the United States of America through the troika. These questions are available on the website of the universal periodic review. I. Summary of the proceedings of the review process A. Presentation by the State under review 5. Co-head of delegation Ambassador Andrew Bremberg began by underscoring U.S. pride in its human rights record. The United States advocates strongly for the universal freedoms of religion or belief and expression, including for members of the press; and for the rights of individuals to assemble peaceably and to petition their government for a redress of grievances. He noted, for example, the U.S. launch in 2020 of the International Religious Freedom Alliance, joining 25 other member states to advance freedom of religion or belief around the world. The United States also joined 32 countries to sign the Geneva Consensus, a declaration of support for defending life and protecting the family. 6. Co-head of delegation Assistant Secretary Robert Destro said promoting human rights is a U.S. foreign policy priority that furthers its national interests of promoting stability and democracy. He noted the United States is firmly committed to finding meaningful remedies for claims of injustice at home. The demonstrations over the tragedy of George Floyd’s death 2 A/HRC/WG.6/36/L.11 showed the world that Americans understand that they have the inherent right to raise their voices, individually and collectively, to demand that their government address their grievances. 7. Alexander Maugeri of the U.S. Department of Justice (DOJ) added that the government in the State of Minnesota had filed strong charges against four police officers for the death of Mr. Floyd. He underscored that while the vast majority of police officers in the United States do their job bravely and righteously, some officers have not lived up to their responsibilities, which has led some, particularly in the Black community, to have less confidence in the U.S. criminal justice system. Where there is misconduct by police officers or law enforcement agencies, however, state and federal law provides remedies. As of January 2020, DOJ had opened 70 civil investigations since 1994 into police departments that might have been engaging in a pattern or practice of conduct that deprives persons of their rights, such as the excessive use of force, improper searches, or improper stopping of persons. On June 16, 2020, President Donald J. Trump signed an Executive Order entitled “Safe Policing for Safe Communities” to develop and incentivize critical policing reforms. 8. Mr. Maugeri noted the U.S. federal government and most states in the United States have hate crime laws prohibiting violence motivated by race, color, religion, and national origin. Federal law and some state laws also prohibited violence motivated by gender, disability, sexual orientation, and gender identity. Mr. Maugeri noted that the United States does not criminalize speech, expressive conduct, or publication or advocacy of ideas, even those that others find extremely offensive or harmful. However, authorities act strongly when hateful expression turns into discrimination or violence, threats of violence, or solicitations to commit violence. B. Interactive dialogue and responses by the State under review 9. During the interactive dialogue, 116 delegations made statements. Recommendations made during the dialogue are to be found in section II of the present report. 10. Slovakia, Slovenia, South Africa, South Sudan, Spain, Sri Lanka, State of Palestine, Sudan, Sweden, Switzerland, Syrian Arab Republic, Thailand, Timor-Leste, Togo, Trinidad and Tobago, Turkey, Uganda, Ukraine, United Kingdom of Great Britain and Northern Ireland, Venezuela (Bolivarian Republic of), Zambia, Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Belarus, Belgium, Botswana, Brazil, Bulgaria, Burkina Faso, Cambodia, Canada, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cuba , Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Georgia, Germany, Ghana, Greece, Haiti, Honduras, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Latvia, Lebanon, Lesotho, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mexico, Montenegro, Morocco, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, North Macedonia, Norway, Pakistan, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saudi Arabia, Senegal, Singapore and Somalia made statements. The complete version of the statements can be found in the webcast archived on the United Nations website.1 11. The third co-head of delegation, State Department Legal Adviser Marik String, noted the United States is a party to many human rights treaties and takes those obligations very 1 See http://webtv.un.org/search/. 3 A/HRC/WG.6/36/L.11 seriously. He said the reasons for not ratifying additional treaties varies from treaty to treaty. He noted the role of the U.S. Senate, which in accordance with the U.S. Constitution has the sole authority to provide its advice and consent to treaty ratification through an affirmative vote by two-thirds of its members. In many cases, such as the Convention on the Rights of Persons with Disabilities, U.S. domestic protections are even stronger than such treaties required. He underscored the U.S. commitment to effective implementation of its human rights obligations and welcomed continued input on how to improve it. 12. Sean Reyes, Attorney General for the State of Utah, underscored state-level efforts to promote human rights. He highlighted progress in Utah on racial justice, policing, indigenous rights, hate crimes, and trafficking in persons. He said Utah had taken significant steps to respond to and prevent incidents of excessive police force. For example, the state government had trained nearly 4,000 local, state, and federal officers in an immersive virtual reality system. He noted Utah had also prioritized combatting trafficking in persons, including amending laws to better protect victims and survivors, provide aftercare and recovery services, and empower survivors with educational and job opportunities. 13. James McCament of the U.S. Department of Homeland Security (DHS) said DHS took seriously its role in ensuring proper implementation of U.S. immigration laws to protect the rights of Americans and foreign nationals in the United States. He noted mass illegal migration was unfair, unsafe, and unsustainable for everyone involved: the sending countries and the destination countries. He said recent years have seen a humanitarian and security crisis along the U.S. southern border due to a dramatic increase in the number of migrants. He said the Trump Administration took decisive action to strengthen the U.S. border system, address unintended consequences of laws and judicial rulings, and work with neighboring countries
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