HUMAN RIGHTS AND THE TRUMP ADMINISTRATION

Elsina Wainwright July 2018

Key takeaways

The Trump White House has systematically deprioritised human rights over the last 18 months in a major departure from previous administrations.

At the same time as the administration has pulled back from human rights, democracy promotion and multilateral engagement, , and other states have grown more assertive in challenging democratic norms, both at home and globally.

White House tumult and lack of policy coherence has allowed some human rights and democracy concerns to be addressed by lower-level State Department activity and limited congressional activism.

There are signs that Secretary of State might emphasise human rights more than his predecessor, but it is too early to tell and highly possible that Trump’s disinterest will continue, accentuating an incoherent approach.

While taking account of strategic considerations and regional sensitivities, Australia should strengthen its promotion of human rights and governance in Southeast Asia and the South Pacific to support the rules-based order.

Introduction

For the first 18 months, ’s administration has a role to play in human rights and democracy has systematically deprioritised human rights — driven promotion globally. largely by the president’s disinterest, ‘America first’ transactionalism, and ‘pattern of appreciation for Trump’s national security cabinet has paid scant strongman-type leaders’.1 This is a major departure from attention to human rights (apart from US Ambassador previous presidencies, both Republican and Democrat. to the United Nations Nikki Haley’s rhetorical focus) Since President Carter, human rights and democracy and elevated the promotion of immediate economic promotion have been a constant, if selectively pursued, and security interests over civil and political freedoms.2 part of US foreign policy. Successive administrations When human rights have been considered, they have have weighed human rights concerns among US generally been viewed instrumentally, to serve a national interests and stressed that the short-term security purpose. The administration has UNITED STATES STUDIES CENTRE HUMAN RIGHTS AND THE TRUMP ADMINISTRATION

also recently withdrawn from the UN Human Rights rights/democracy dimension — and look for ways to Council, citing its failure to reform and anti- contribute to this strategy, especially in infrastructure, resolutions.3 As the Trump White House has pulled energy and economic governance promotion.8 More back from human rights promotion — and multilateral broadly, Australia should increase its own efforts engagement — China, Russia and other states have to promote human rights/political and economic grown more assertive in challenging human rights and governance in Southeast Asia and the South Pacific democratic norms at home, globally and multilaterally.4 (while factoring in strategic concerns and sensitivities) in support of the rules-based order.9 While the president’s disregard for human rights has pervaded US policy, the administration’s chaos has allowed some human rights and democracy concerns Human rights in US foreign policy to be driven by lower-level State Department activity, including at the embassy level and through legislated The Trump White House has a distinctly narrower programs, and through some limited congressional conception of the national interest than its recent activism.5 predecessors on both sides of the political divide. Human rights and democracy promotion have been There are a few early signs Secretary of State Mike debated throughout American history, and Republican Pompeo might have more of a human rights focus than and Democratic administrations from Carter onwards 6 his predecessor , though it is uncertain have sought to strike some balance between pursuing how far this will extend. It is too early to tell if Pompeo US security/economic interests and promoting human — and National Security Advisor — will rights. view human rights in the context of values-based competition with China and Russia set out in the The extent to which human rights have been a feature National Security Strategy and National Defense of foreign policy has of course varied from president Strategy, and assess that US silence on human to president and over the course of presidencies. rights/democracy can damage US medium-long term Carter made human rights a cornerstone of his interests.7 Even if Trump’s national security team administration’s foreign policy: he discontinued past moves in this direction, it is far from certain Trump practice of ignoring human rights violations in allied would join them. It is highly possible his disinterest in states, and strongly criticised states such as South human rights will continue, accentuating an incoherent Africa and Argentina. Reagan initially sought to move posture. away from Carter’s posture, then ended up with more of a human rights focus: he talked publicly about Soviet dissidents and pursued quiet diplomacy with the Kremlin on their behalf.10 While George H. W. While the president’s disregard for Bush adopted a more strictly pragmatic human rights human rights has pervaded US policy, approach, he still sent 28,000 US troops to Somalia to the administration’s chaos has allowed ‘save thousands of innocents’.11 Bill Clinton’s approach some human rights and democracy included intervening militarily in Bosnia (after years of delay) and Kosovo to bring an end to ethnic cleansing.12 concerns to be driven by lower- level State Department activity. George W. Bush prioritised human rights and democracy promotion and linked states’ human rights records with their security and stability, for instance on North Korea.13 But the Iraq invasion and its aftermath Canberra, meanwhile, is assessing how Washington’s led to a backlash against such efforts both within the evolving stance affects Australia’s interests. Australia United States and internationally. Accordingly, in its had encouraged the United States to remain on the first year the Obama administration was tentative in Human Rights Council — of which Australia is currently adopting a human rights posture: it downplayed human a member — and continues to support reform from rights as it negotiated strategic issues with China and within. Canberra will continue to encourage the Trump pursued engagement with and .14 Towards foreign policy team to flesh out its ‘free and open the end of its first year, the Obama administration laid Indo Pacific’ strategy — which could have a human out a ‘principled pragmatism’ approach towards states

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US Ambassador to the United Nations Nikki Haley confers with members of the US delegation during a United Nations Security Council meeting in New York, April 2018 (Getty) such as China and Russia, engaging them ‘on issues power value of human rights and democracy promotion of mutual interest’15 and strategic importance while in differentiating the US brand from that of communist publicly criticising human rights abuses and supporting and authoritarian regimes.24 Likewise, there has been dissidents.16 an awareness that silence on human rights abuses or acquiescence to dictatorship can damage long- Both the George W. Bush and Obama administrations term US interests.25 Washington’s support for the had active human rights agendas in Asia.17 Bush publicly Marcos regime stoked anti-American sentiment in the criticised human rights violations and repression in Philippines, for instance, and current American military North Korea, Myanmar, and China18 and focused on support for Saudi bombing in is also fostering promoting religious freedom and countering human Yemeni anti-Americanism.26 trafficking.19 Obama tried to bring ASEAN states together around values such as human rights,20 raised human rights concerns in private meetings with leaders The Trump administration and such as Cambodia’s Hun Sen,21 and downgraded relations with Thailand after the 2014 Thai coup.22 the human rights agenda

Successive administrations have balanced engaging The Trump administration’s human rights posture is governments on areas of mutual interest with criticising characterised by the president’s disinterest, though the human rights violations, and exercised judgment as to administration’s tumult and lack of a coherent approach when to use ‘quiet diplomacy’ on human rights and has enabled mid- and lower-level officials in the State when to criticise publicly.23 Officials have promoted Department to respond to human rights concerns at human rights not only to cudgel states instrumentally the local level. for short-term strategic payoff, but also for intrinsically moral reasons, which also bring long-term strategic gains. This approach can serve US interests by The president’s disinterest providing leverage in negotiations and legitimising US Trump outlined a major downgrade in the importance power, making it easier to achieve desired outcomes. of human rights concerns in his inaugural address and More broadly, human rights and democracy are norms also in speeches in and to the UN General within the rules-based order which has underpinned Assembly: “We are not here to tell other people how American security and prosperity. Particularly during to live, what to do, who to be, or how to worship.”27 the Cold War, administrations recognised the soft This is a notable shift from his predecessors and is

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consistent with Trump’s focus on sovereignty and protests, although this policy shift and the rollback suspicion of multilateralism and any other institutional of elements of Obama’s Cuba re-engagement policy constraints upon the United States. The president has appear animated at least partly by considerations of viewed human rights and democracy as American South expatriate populations.34 Trump has also values not to be imposed on others, in a departure been engaged in some cases involving the detention of from previous administrations’ views on universal American citizens in Iranian or Egyptian prisons.35 And freedoms enshrined in the Universal Declaration of he has on occasion responded to powerful television Human Rights.28 Trump’s approach is consistent with footage such as the Syrian regime’s chemical weapons his hardline immigration posture, including the now- attacks.36 But these are exceptions to Trump’s reversed family separation policy. inclination against involvement in the internal affairs of other states. The president has not made a habit of raising human rights publicly, and it is not clear if he has been mentioning them privately in meetings with leaders Trump’s national security team such as President Xi of China and President Duterte of the Philippines.29 This silence on human rights Trump White House national security officials have abuses and democratic backsliding is coupled with similarly deprioritised human rights in favour of regular expressions of admiration for authoritarian short-term security and economic interests. Former leaders such as Xi and Duterte, as well as Turkey’s Secretary of State Rex Tillerson characterised the President Erdogan and Russia’s President Putin. For administration’s approach in this way: “in some instance, Trump has appeared to compliment rather circumstances, if you condition our national security than criticise Duterte on the Philippines’ drug policy, efforts on someone adopting our values, we probably notwithstanding the extra-judicial killings of thousands can’t achieve our national security goals or our national of Filipinos. He has refrained from addressing security interests.”37 repressive tactics in Erdogan’s Turkey — even when The State Department did not have a strong centralised they occurred on American soil30 — and from criticising human rights posture during Tillerson’s tenure. President Putin for repressive tactics. At the Singapore Tillerson made clear his preference for quiet, behind- summit, Trump said North Koreans have a ‘fervour’ for closed-doors discussions with counterparts instead North Korean dictator Kim Jong Un.31 Trump has also of public rebuking.38 He reversed Obama-era human invited leaders with questionable human rights records rights decisions, often for strategic reasons, including to the White House, such as Thai leader Prayuth Chan- embarking on fuller engagement with Thailand,39 Ocha, notwithstanding his leadership of the 2014 Thai overlooking transgressions by the Philippines,40 and coup32 and Egyptian President Al-Sisi.33 dropping the Obama-era human rights conditions attached to arms sales to Bahrain.41 Also for strategic reasons, he promoted Iraq and Myanmar above the President Trump has viewed human rights State Department’s 2017 human trafficking report’s and democracy as American values not lowest tier, overruling State Department officials’ recommendations.42 to be imposed on others, in a departure from previous administrations’ views In contrast, US Ambassador to the United Nations on universal freedoms enshrined in the Nikki Haley has spoken out on human rights, though her portfolio limits how much she can influence Universal Declaration of Human Rights. foreign policy.43 She has directed America’s UN diplomacy on human rights and spoken strongly on the Syrian regime’s treatment of its people, the plight However, there have been instances where human of Myanmar’s Rohingya, and repression and human rights issues have broken through, primarily when rights abuses in Venezuela and North Korea. She has they served national security or political purposes. convened the first Security Council meeting solely Trump has used human rights to criticise Iran and on human rights, and briefed Trump on human rights North Korea. He has supported Venezuelan political concerns such as the situation in Venezuela.44

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However, Haley has recently withdrawn the United rights of all’.55 These might be early signs that Pompeo States from the UN Human Rights Council over its will seek to pursue more of a human rights agenda problematic membership (with states with poor than his predecessor, although it is too early to tell how human rights records such as Saudi Arabia, Cuba and his posture will evolve. America’s recent withdrawal Venezuela gaining seats) and “chronic bias against from the Human Rights Council suggests he was not Israel”.45 Ongoing frustration with the council’s failure ultimately swayed by the argument that the United to reform has appeared to outweigh arguments that States would retain more leverage by staying within the United States would retain more influence by the institution, albeit flawed. remaining on the council and continuing to push for reform from within.46 So it remains to be seen whether Trump’s national security apparatus will focus on the geopolitical Administration policy statements such as the National dimension of human rights and democracy promotion Security Strategy (NSS) and the National Defence — including the competition over political systems — Strategy (NDS) have not prioritised human rights, but and assess that US silence on human rights/democracy neither have they closed the door entirely. The NSS can advantage rival powers, including by leaving states has depicted human rights as American — rather more susceptible to outside influence. It is also far than universal — values, and stated that the United from clear to what degree the president subscribes to States does not seek to promote democracy apart these policy documents, undercutting their impact. from by inspiration.47 But the NSS has also set out a conceptual framework of ‘principled realism’ and sought to reinforce the rules-based order. It has Grass-roots activity within State described a values-based geopolitical competition The Trump White House’s policy dysfunction has left between democracies and authoritarian major powers, room for the quiet pursuit of human rights lower down within the context of which there seems scope for supporting human rights/democracy.48 The NDS has the State Department bureaucracy at the mid- and similarly outlined an ideological competition between lower-level. Human rights and democracy promotion the United States and authoritarian powers that “seek have been institutionalised through prior legislation, to create a world consistent with their authoritarian for example through ongoing democracy promotion 56 models”. 49 Likewise, an administration official has programs funded by Congress. State Department defined the ‘free’ within the developing ‘free and open briefings have continued to raise human rights and Indo Pacific’ strategy “in terms of good governance, in democracy concerns, including on Myanmar and terms of fundamental rights, in terms of transparency Cambodia, and some US diplomatic joint statements and anti-corruption”.50 So there appears to be space (such as the US-Sri Lanka partnership dialogue 57 within this emerging regional strategy for human rights statement) have continued to include human rights and democracy promotion. language.

While Trump’s former National Security Advisor H.R. It has also left room for some local-level embassy McMaster latterly showed some concern that Trump’s activism in response to human rights and democracy disinclination on human rights/democracy promotion concerns.58 For instance in China, the US embassy has was undermining US security interests,51 it remains coordinated with the German Embassy on a couple to be seen how human rights policy will fare under of occasions to criticise the detention and call for the John Bolton and Mike Pompeo. Historically Bolton release of several Chinese human rights activists.59 has been suspicious of the human rights agenda and There has also been embassy activity in the Philippines, favoured military over diplomatic options. In previous with the US ambassador speaking out on extra-judicial roles Pompeo has been hawkish and valued hard killing associated with Duterte’s drug policy.60 US power, though at his confirmation hearing he stressed diplomats in Cambodia have expressed deep concern that human rights and democracy promotion have over Cambodian government legislation constraining important roles to play in US foreign policy.52 He the opposition and freedom of expression, and met has also made religious freedom an administration with members of the opposition.61 And in Hungary, the priority,53 and released a statement critical of China US chargé d’affaires has spoken out on the importance on the 29th anniversary of Tiananmen Square,54 and of freedom of the press and protection of journalists another supporting LGBTI month, affirming America’s in the wake of Hungarian Prime Minister Orban’s ‘commitment to protecting and defending the human repressive tactics.62

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Congress, NGOs and the public rights/democracy promotion programs, and has pushed back vigorously against proposed White House Congress has had limited success in influencing the budget cuts.65 But successful congressional pushback Trump administration’s human rights agenda, as it has been limited. While congressional activists have has been constrained by its constitutional role and successfully pushed for administration action on congressional Republicans’ reluctance to take on a Cambodia,66 an effort to prevent US$500 million in arm mercurial president popular with the Republican base. sales to Saudi Arabia failed to secure sufficient votes,67 Congress has traditionally exercised influence on and an attempt to extend the Leahy Law forbidding human rights through the passage of legislation, its US assistance to foreign security forces violating appropriations power, treaty ratifications, lobbying the human rights to the Philippine police did not succeed. executive, and public commentary. While typically vocal on human rights, congressional Republicans appear to have sought to minimise areas Select members of Congress have been reasonably of conflict with Trump as they pursued big ticket items active on human rights during this administration. For example, 15 senators (seven Republicans and eight such as tax cuts, increased defence spending, and Democrats) signed an open, bipartisan letter urging infrastructure. Trump to prioritise human rights and democracy.63 Non-governmental organisations have continued to Republican senators , John McCain, and draw attention to human rights considerations during protested Egypt’s NGO-restricting the Trump administration.68 In terms of public opinion, legislation and called for the administration to withhold it does not appear from polling data that Trump won aid to Egypt. Rubio has also lobbied Trump directly on votes by deprioritising human rights: in US polling Venezuela. And Senator McCain and House Foreign conducted in November 2015, 77 per cent supported Affairs Committee Chair Ed Royce have criticised US global leadership on promoting human rights.69 Cambodia’s democracy backsliding and attacks on In the first year of the administration, polling has the media and opposition — and criticised Myanmar’s indicated a majority of Americans still favour US global treatment of the Rohingya.64 engagement,70 but it remains to be seen whether Under its appropriations power, Congress has decided Trump’s disinterest in human rights and benign view of State Department funding levels, including to human authoritarianism will pervade American public opinion.

Delegates attend a session of the United Nations Human Rights Council in Geneva, June 2017 (Getty)

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Implications That said, Australia’s regional human rights posture has not been totally out of step with the Administration’s US silence on human rights/democracy is another less proselytising approach. Australia has maintained instance of the president’s disinterest in supporting diplomatic engagement with Southeast Asian the post-1945 rules-based order the United States states such as Myanmar, Thailand and Malaysia, in a helped create. At the same time, China and Russia pragmatic assessment of the security and economic have grown more assertive in challenging the benefits of engagement, regional stability, and regional international human rights regime. China has moved, cooperation (against transnational crime, for instance). with Russia’s support, to block funding for human Australia’s approach — including not wanting the rights oversight in the UN secretary-general’s office, United States to push too hard on human rights in the as part of a broader campaign to limit human rights region — is driven by the sensitivities of not wanting to and democracy promotion within the United Nations be seen to preach to and interfere in the internal affairs by curtailing program funding and gaining the votes of Asian states, and not wanting to push the region of other Security Council members.71 China has also towards China. exploited UN member states’ dislike of American use of human rights to criticise rivals.72 Furthermore, China and Russia have thwarted US efforts to have a Security Council briefing on Syrian human rights violations. In Canberra should continue to work another indication of China’s assertiveness on global with the Trump administration to flesh norms, China has been joined by states such as out its ‘free and open Indo-Pacific’ Venezuela, Egypt and Saudi Arabia on the Human strategy, with its governance promotion Rights Council to pass a motion framing human rights as development-focused and state-centric, rather than dimension. Australian-US cooperation universal.73 on regional infrastructure, energy and

For Australia, there is the potential for greater policy economic governance will help buttress divergence with the United States if the Trump institutions and governance in the region. administration continues to disengage from the multilateral architecture Canberra supports. The current centrepiece of Australia’s ‘principled and Canberra should continue to work with the pragmatic’74 global human rights posture is its administration to flesh out its ‘free and open Indo- membership of the UN Human Rights Council; as Pacific’ strategy, with its governance promotion a middle power, Canberra has judged it beneficial to dimension. Australian-US cooperation on regional enhance Australia’s global diplomatic influence in UN infrastructure, energy and economic governance decisionmaking and help support the rules-based will help buttress institutions and governance in the order.75 Australia had supported American efforts to region.78 There is also scope for Canberra to start to reform the Human Rights Council, including pushing strengthen its own promotion of human rights and back against its alleged anti-Israel bias, and had voted governance in Southeast Asia and the South Pacific. If with the United States in opposing an international such an initiative is carefully designed to take account inquiry into human rights in Gaza. But Canberra had of geopolitical considerations and regional sensitivities, diverged with the Trump administration on issues such it could serve Australia’s interests by enhancing as gender and reproductive rights, had encouraged Australia’s soft power and helping to support the rules- Washington to maintain influence by remaining on the based order.79 Human Rights Council, and has continued to support reforming the council from within.76 Now the United States has withdrawn from the council, Australia will likely align with European member states.77

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Endnotes

1. Michael H. Fuchs, Shannon McKeown, Brian Office, ‘Trump-Turnbull meeting strengthens Harding, ‘If Trump forgets about human rights the alliance’, 23 February 2018, https:// in Asia, the world will suffer’, 2 November au.usembassy.gov/white-house-statement- 2017, Foreign Policy, http://foreignpolicy. trump-turnbull-meeting-strengthens-alliance/ com/2017/11/02/if-trump-forgets-about- 9. See Benjamin Reilly, ‘Promoting democracy is in human-rights-in-asia-the-world-will-suffer/ Australia’s interests’, The Australian, 21 May 2018 2. Rex Tillerson, Remarks to State Department 10. Editorial, ‘Mr Reagan’s human rights conversion’, employees, Washington DC, 3 May 10 December 1988, New York Times, p. 26, 2017 https://www.state.gov/secretary/ http://www.nytimes.com/1988/12/10/opinion/ remarks/2017/05/270620.htm. mr-reagan-s-human-rights-conversion.html 3. Claire Bickers, ‘US withdraws from the UN 11. Michael Wines, ‘Bush declares goal in Somalia to Human Rights Council, report’, News Corp, ‘save thousands’: Force to remain into Clinton’s 20 June 2018, https://www.news.com.au/ presidency’, New York Times, 5 December world/north-america/us-to-withdraw-from- 1992, https://www.nytimes.com/1992/12/05/ un-human-rights-council-report/news-story/ world/mission-to-somalia-bush-declares- e7192b2598799b113bed272813fba54a; Gardiner goal-in-somalia-to-save-thousands.html Harris, ‘Trump Administration withdraws the 12. FP Editors, Foreign Policy, ‘Think again: US from the UN Human Rights Council’, New Clinton’s foreign policy’, 19 November York Times, 19 June 2018, https://www. 2009, http://foreignpolicy.com/2009/11/19/ nytimes.com/2018/06/19/us/politics/trump- think-again-clintons-foreign-policy/ israel--human-rights.html?hp& action=click&pgtype=Homepage&clickSo 13. See Victor Cha and Robert Galluci, ‘Toward a urce=story-heading&module=first-column- new policy and strategy for North Korea’, George region®ion=top-news&WT.nav=top-news W. Bush Institute, 29 November 2016, pp. 5, 9. https://gwbcenter.imgix.net/Resources/ 4. Colum Lynch, ‘At the UN, China and gwbi-toward-a-new-policy-for-north-korea.pdf. Russia score win in war on human rights’, Foreign Policy, 26 March 2018 14. Ted Piccone, ‘Obama’s human rights policy 5. ‘Donald Trump’s Administration is promoting combines rules and flexibility’, The Brookings democracy and human rights. Fortunately Institute, Washington DC, 16 December 2009’ he has yet to notice’, , 6 15. Hillary Clinton, Georgetown University human December 2017, https://www.economist. rights speech, 14 December 2009, https:// com/news/united-states/21732074- www..com/blogs/ben-smith/2009/12/ fortunately-he-has-yet-notice-donald-trumps- principled-pragmatism-on-human-rights-023486 administration-promoting-democracy-and 16. Editorial, Washington Post, 27 6. Mike Pompeo, Release of the 2017 Annual December 2009, p. A22 Report on International Religious Freedom, 17. Bush was heavily influenced by Natan Saransky, Washington DC, 29 May 2018 https://www. who held that promoting democracy will state.gov/secretary/remarks/2018/05/282789. help defeat terrorism, because dictators train htm. See also Mike Pompeo, Press Statement, their population’s anger on an outside foe. ‘29th anniversary of Tienanmen Square’, State See Yoav Stern, ‘Want to know what Bush Department, 3 June 2018, https://www.state. thinks? Read Sharansky’, Haaretz, 22 February gov/secretary/remarks/2018/06/282922.htm 2005, https://www.haaretz.com/1.4752359. 7. Richard Fontaine and Daniel Twining, ‘Defending On Obama’s Asian human rights agenda, America means defending democracy’, Foreign see for instance David Nakamura and Emily Policy, 13 February 2018. http://foreignpolicy. Rauhala, ‘From Burma to the Philippines, com/2018/02/13/defending-america-means- Trump largely ignores human rights on Asia defending-democracy-china-russia-trump/ trip’, Washington Post, 13 November 2017. 8. Meetings, Washington DC, September 2017, See also Abby Phillip and David Nakamura, and Canberra, June 2018; White House Press ‘Autocrats hear a clear message during Trump

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trip: US will not ‘lecture’ on human rights’, States and the worldwide struggle for Washington Post, 22 May 2017, https://www. democracy in the twentieth century’, Foreign washingtonpost.com/politics/autocrats-hear- Affairs, November/December 1994, https:// a-clear-message-during-trump-trip-us-will-not- www.foreignaffairs.com/reviews/capsule- lecture-on-human-rights/2017/05/22/1c7328b4- review/1994-11-01/americas-mission-united- 3f0c-11e7-8c25-44d09ff5a4a8_story. states-and-worldwide-struggle-democracy html?utm_term=.fc1cd1d182ad. 25. Elliot Abrams, http://www.politico.com/ 18. George W. Bush, Remarks in Bangkok, magazine/story/2017/05/24/donald-trump- Thailand, New York Times, 7 August 2008 human-rights-foreign-policy-215184 https://www.nytimes.com/2008/08/07/ 26. Sarah Margon, ‘Giving up the high ground: news/07iht-07BUSH-text.15067428.html America’s retreat on human rights’, 19. Catherine Dalpino, ‘Human Rights, Asia and Foreign Affairs, March/April 2018, https:// the new administration: Can multilateralism www.foreignaffairs.com/articles/united- work this time?’, Brookings, 9 December states/2018-02-13/giving-high-ground 2008, https://www.brookings.edu/opinions/ 27. Donald Trump, speech to the Arab Islamic human-rights-asia-and-the-new-administration- American Summit, Riyadh, 21 May 2017, can-multilateralism-work-this-time/ https://www.whitehouse.gov/the-press- 20. David Nakamura and Emily Rauhala, office/2017/05/21/president-trumps-speech- ‘From Burma to the Philippines, Trump arab-islamic-american-summit. See also Donald largely ignores human rights on Asia trip’, Trump, address to the UN General Assembly, Washington Post, 13 November 2017 19 September 2017, http://www.politico.com/ 21. Zsombor Peter and Kuch Naren, ‘Civil society story/2017/09/19/trump-un-speech-2017-full-text- groups welcome Obama’s words with Hun transcript-242879. Trump’s approach to other Sen’, The Cambodia Daily, 22 November states’ political systems appears related to his 2012, https://www.cambodiadaily.com/ approach to American democracy itself — with summits/civil-society-groups-welcome- his emphatic attacks on American institutions obamas-words-with-hun-sen-6255/ such as the judiciary, press and bureaucracy. 22. Supalak Ganjanakhundee, ‘Obama urges return to 28. Sarah B. Snyder, ‘Is the Trump Administration civilian rule in Thailand’, The Nation, 18 February abandoning human rights?’, Washington Post, 2016, http://www.nationmultimedia.com/ 2 July 2017, https://www.washingtonpost. politics/Obama-urges-return-to-civilian-rule-in- com/news/made-by-history/wp/2017/07/02/ Thailand-30279560.html. Obama also took part in is-the-trump-administration-abandoning- town hall public meetings in China and Malaysia human-rights/?utm_term=.ca006903ef6b — in the Malaysia town hall meeting, he stressed 29. Thomas E. Kellogg, ‘Will the Trump the importance of personal and press freedom administration get serious on human rights and made clear he would raise human rights in China?’, East Asia Forum, 29 May 2018 concerns in his meeting with Prime Minister http://www.eastasiaforum.org/2018/05/29/ Najib. See Colleen McCain Nelson, ‘In Malaysia, will-the-trump-administration-get-serious-on- Obama presses for human rights and government human-rights-in-china/; https://www.npr.org/ accountability’, Wall Street Journal, 20 sections/thetwo-way/2017/11/13/563688200/ November 2015, https://www.wsj.com/articles/ human-rights-barely-registers-in-meeting- in-malaysia-obama-presses-for-human-rights- between-trump-philippines-duterte; Interview, and-government-accountability-1448030205 Washington DC, September 2017 23. Sarah B. Snyder, ‘Is the Trump Administration 30. See for example https://www.mccain.senate. abandoning human rights?’, Washington Post, gov/public/index.cfm/2017/10/mccain-menendez- 2 July 2017, https://www.washingtonpost. lead-bipartisan-letter-urging-president-trump-to- com/news/made-by-history/wp/2017/07/02/ demand-turkey-s-erdogan-respect-human-rights is-the-trump-administration-abandoning- 31. Philip Bump, ‘How to generate a ‘great human-rights/?utm_term=.ca006903ef6b fervor’ from your citizens the Kim Jong 24. See David C. Hendrickson, Review of Tony Un way’, Washington Post, 12 June 2018, Smith’s ‘America’s Mission: The United https://www.washingtonpost.com/news/

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politics/wp/2018/06/12/how-to-generate- 39. Joshua Kurlantzick, ‘US-Thailand relations a-great-fervor-from-your-citizens-the-kim- warm … but Thailand stays the same’, jong-un-way/?utm_term=.e133869fe5e8 Council on Foreign Relations, 27 July 2017, 32. Michael H. Fuchs, Shannon McKeown, Brian https://www.cfr.org/blog/us-thailand- Harding, ‘If Trump forgets about human rights relations-warm-thailand-stays-same in Asia, the world will suffer’, 2 November 40. See a leaked State Department memo 2017, Foreign Policy, http://foreignpolicy. reportedly drafted for Tillerson, which sketched com/2017/11/02/if-trump-forgets-about- out a realist human rights posture. Nahal human-rights-in-asia-the-world-will-suffer/ Toosi, ‘Leaked memo school Tillerson on 33. Demetri Sevastopulo and Heba Saleh, ‘Trump human rights’, Politico, 19 December 2017 signals new approach to Egypt in Sisi meeting’, 41. David E. Sanger and Eric Schmitt, ‘Rex Financial Times, 3 April 2017, https://www. Tillerson to lift human rights conditions on ft.com/content/d0f7bdc2-188d-11e7-a53d- arms sales to Bahrain’, New York Times, df09f373be87. This is a departure from the 29 March 2017, https://www.nytimes. Obama Administration’s position on al-Sisi’s com/2017/03/29/world/middleeast/rex- Egypt, by contrast, which was to publicly tillerson-bahrain-weapons-sales.html criticize the government’s repressive moves. 42. Jason Szep, Matt Spetalnick, ‘Overruling 34. Felicia Schwartz, ‘In Cuba policy shift, Trump diplomats, US to drop Iraq, Myanmar from child stresses human rights, mutes concerns soldiers list’, Reuters, 23 June 2017, https:// elsewhere’, Wall Street Journal, 17 June www.reuters.com/article/us-usa-trafficking- 2017, https://www.wsj.com/articles/in-cuba- childsoldiers-exclusi-idUSKBN19E2JY. policy-shift-trump-stresses-human-rights- Tillerson’s approach on human rights and mutes-concerns-elsewhere-1497697200 democracy may have been evolving: he latterly 35. Interview, Washington DC, September 2017 raised the plight of Myanmar’s Rohingya. Rex 36. David Nakamura, ‘How an Oval Office meeting Tillerson, ‘Efforts to address Burma’s Rakhine led to a Trump tweet that changed US policy State crisis’, 22 November 2017, https:// toward Venezuela, Washington Post, 6 www.state.gov/secretary/20172018tillerson/ October 2017, https://www.washingtonpost. remarks/2017/11/275848.htm com/politics/how-an-oval-office-meeting-led- 43. See Elsina Wainwright, Profile in Prominence? to-a-trump-tweet-that-changed-us-policy- Ambassador Nikki Haley and the Trump toward-venezuela/2017/10/06/87e9b178- Administration’s UN policy, United States Studies a52b-11e7-ade1-76d061d56efa_story. Centre at the University of Sydney, August 2017. html?utm_term=.f20f1f5f0a81 44. David Nakamura, ‘How an Oval Office meeting 37. Rex Tillerson, Remarks to State Department led to a Trump tweet that changed US policy employees, Washington DC, 3 May toward Venezuela’, Washington Post, 6 2017, https://www.state.gov/secretary/ October 2017, https://www.washingtonpost. remarks/2017/05/270620.htm. Former National com/politics/how-an-oval-office-meeting-led- Security Adviser General H.R. McMaster further to-a-trump-tweet-that-changed-us-policy- described this approach: “How much does it toward-venezuela/2017/10/06/87e9b178- help to yell about these problems? It hasn’t really a52b-11e7-ade1-76d061d56efa_story. delivered in recent history anyway.” Quoted html?utm_term=.f20f1f5f0a81 in Amanda Erickson, ‘Trump rails against Iran 45. Nikki Haley, quoted in Claire Bickers, ‘US over its human rights record. But he spares withdraws from the UN Human Rights allies’, Washington Post, 4 January 2018 Council, report’, News Corp, 20 June 38. This included phone calls to Cambodia’s 2018, https://www.news.com.au/world/ Foreign Minister over repressive tactics against north-america/us-to-withdraw-from-un- the media and encouraging the promotion human-rights-council-report/news-story/ of democracy. See Heather Nauert, State e7192b2598799b113bed272813fba54a Department Press Briefing, Washington 46. See Gardiner Harris, ‘Trump Administration DC, 23 August 2017, https://www.state. withdraws the US from the UN Human Rights gov/r/pa/prs/dpb/2017/08/273592.htm Council’, New York Times, 19 June 2018,

10 UNITED STATES STUDIES CENTRE HUMAN RIGHTS AND THE TRUMP ADMINISTRATION

https://www.nytimes.com/2018/06/19/us/ 51. See Carol D. Leonnig, David Nakamura and Josh politics/trump-israel-palestinians-human-rights. Dawsey, ‘Trump’s national security advisers html?hp&action=click&pgtype=Homepage warned him not to congratulate Putin. He did &clickSource=story-heading&module=first- it anyway’, Washington Post, 20 March 2018 column-region®ion=top-news&WT. 52. Editorial Board, ‘Confirm Mike Pompeo’, nav=top-news; Avery Anapol, ‘US expected Washington Post, 12 April 2018, https://www. to withdraw from UN Human Rights Council: washingtonpost.com/opinions/global-opinions/ Report’, , 15 June 2018 http://thehill. confirm-mike-pompeo/2018/04/12/64735280- com/policy/international/392418-us-expected- 3e6e-11e8-8d53-eba0ed2371cc_story. to-withdraw-from-un-human-rights-council- html?noredirect=on&utm_term=.7a13fd2c317a report; Colum Lynch, ‘US thwarted in bid 53. Mike Pompeo, Release of the 2017 Annual to change UN Rights Council’s approach to Report on International Religious Freedom, Israel’, Foreign Policy, 30 May 2018. See also Washington DC, 29 May 2018, https://www. Nikki Haley, Human Rights Council address, state.gov/secretary/remarks/2018/05/282789.htm Geneva, June 2017; and Ted Piccone and 54. Mike Pompeo, Press Statement, ‘29th Jesse Kornbluth, ‘The Genera Shuffle: Shifting anniversary of Tienanmen Square’, State US engagement at the UN Human Rights Department, 3 June 2018, https://www.state. Council’, Huffington Post, 7 September 2017. gov/secretary/remarks/2018/06/282922.htm 47. National Security Strategy of the USA, December 55. Mike Pompeo, Press Statement, ‘LGBTI 2017, https://www.whitehouse.gov/wp-content/ month’, State Department, 1 June uploads/2017/12/NSS-Final-12-18-2017-0905. 2018, https://www.state.gov/secretary/ pdf. See John B. Bellinger III and Richard remarks/2018/06/282908.htm Fontaine, ‘To strengthen Trump’s national security approach, promote human rights’, 56. See Josh Rogin, ‘State Department considers scrubbing democracy promotion from its The Internationalist, Council on Foreign Relations, 10 January 2018, https://www.cfr. mission’, Washington Post, 1 August 2017 org/blog/strengthen-trumps-national-security- 57. See for example, the Joint Statement From the approach-promote-human-rights; Richard U.S. Department of State and the Ministry of Fontaine and Daniel Twining, ‘Defending Foreign Affairs of Sri Lanka on the Second U.S.- America means defending democracy’, Foreign Sri Lanka Partnership Dialogue https://www. Policy, 13 February 2018. http://foreignpolicy. state.gov/r/pa/prs/ps/2017/11/275329.htm com/2018/02/13/defending-america-means- 58. ‘Donald Trump’s Administration is promoting defending-democracy-china-russia-trump/ democracy and human rights. Fortunately 48. Frances Z. Brown and Thomas Carothers, he has yet to notice’, The Economist, 6 ‘Is the new US National Security Strategy December 2017 https://www.economist. a step backward on democracy and human com/news/united-states/21732074- rights?’, Carnegie Endowment for International fortunately-he-has-yet-notice-donald-trumps- Peace, Washington DC, 20 January 2018 administration-promoting-democracy-and 49. Defense Secretary Mattis has cast it in these 59. See, for example, the Joint Statement from terms: “we must be the best if the values that the Embassies of Germany and the US on grew out of the Enlightenment are to survive.” the sentencing of Wu Gan and Xie Yang, 27 James Mattis, ‘Remarks on the National Defense December 2017, https://china.usembassy-china. Strategy’, 18 January 2018, https://www. org.cn/statement-embassy-beijing-sentencing- defense.gov/DesktopModules/ArticleCS/ wu-gan-xie-yang/. See also Thomas E. Kellogg, Print.aspx?PortalId=1&ModuleId=1144& ‘Will the Trump administration get serious Article=1420042 on human rights in China?’, East Asia Forum, 50. Quoted in Ankit Panda, ‘Trump’s free and 29 May 2018 http://www.eastasiaforum. open Indo-Pacific strategy needs clarity’,The org/2018/05/29/will-the-trump-administration- Diplomat, 4 April 2008, https://thediplomat. get-serious-on-human-rights-in-china/ com/2018/04/trumps-free-and-open- 60. Agence France-Presse, ‘US envoy to Philippines indo-pacific-strategy-needs-clarity/ speaks out on police killing’, The National,

11 UNITED STATES STUDIES CENTRE HUMAN RIGHTS AND THE TRUMP ADMINISTRATION

22 August 2017, https://www.thenational. 70. Dina Smeltz, Ivo Daalder, Karl Friedhoff, Craig ae/world/asia/us-envoy-to-philippines- Kafura, ‘What Americans think of America speaks-out-on-police-killing-1.621891 first’, Chicago Council on Global Affairs survey, 61. Reuters Staff, ‘Cambodia’s Hun Sen 2017, https://www.thechicagocouncil.org/ says he and Trump object to ‘anarchic’ sites/default/files/ccgasurvey2017_what_ media’, Reuters, 28 February 2017. americans_think_about_america_first.pdf 62. ‘Donald Trump’s Administration is promoting 71. Colum Lynch, ‘At the UN, China and democracy and human rights. Fortunately he Russia score win in war on human rights’, has yet to notice’, The Economist, 6 December Foreign Policy, 26 March 2018 2017 https://www.economist.com/news/ 72. ibid united-states/21732074-fortunately-he-has-yet- 73. Miloon Kothari, ‘China’s Trojan horse human notice-donald-trumps-administration-promoting- rights resolution’, The Diplomat, 22 March democracy-and; The State Department has 2018; Rowan Callick, ‘UN backs China on offered grants to fund ‘objective media’ human rights’, The Australian, 26 March 2018 outlets within Hungary. Emily Tankin, ‘Why 74. See, for example, Ben Doherty, ‘Australia to be can’t we be illiberal friends?’, Foreign Policy, elected to powerful UN Human Rights Council’, 2018, 5 January 2018, http://foreignpolicy. , https://www.theguardian.com/ com/2018/01/05/why-cant-we-be-illiberal-friends/ world/2017/oct/14/australia-to-be-elected- 63. Marco Rubio et al, Senators’ Letter to to-powerful-un-human-rights-council POTUS on human rights and democracy’, 75. Sally Weston, Elections at the UN: Washington DC, 3 May 2017, https:// Australia’s approach, ASPI Special Report, www.rubio.senate.gov/public/_cache/ Canberra, October 2017, pp. 20, 22 files/07d6ba61-7421-4316-9f3f-d4485e7529bf/ 76. Andrew Tillett, ‘Australia disappointed by US ABA64081874BD3513AB936690A9E8F3A.5- quitting UN human rights body: Julie Bishop’, 3-17-letter-to-potus-re-human- Australian Financial Review, 20 June 2018, rights-and-democracy.pdf https://www.afr.com/news/politics/world/ 64. Joshua Kurlantzick, ‘Myanmar, Cambodia, australia-disappointed-by-us-quitting-un-human- and the opportunity for the US Congress’, rights-body-julie-bishop-20180620-h11lt6 Council on Foreign Relations, 7 September 77. See Sally Weston, Elections at the UN: 2017, https://www.cfr.org/blog/myanmar- Australia’s approach, ASPI Special Report, cambodia-and-opportunity-us-congress Canberra, October 2017, p. 11 65. https://www.politico.com/magazine/ 78. See for example Malcolm Turnbull, keynote story/2018/03/23/heres-whats-in-the-budget- address to the US National Governors’ bill-nobodys-bothered-to-read-217701 Association Winter Meeting, Washington 66. Joshua Kurlantzick, ‘Trump has abandoned DC, 25 February 2018; White House Press democracy promotion: Which countries could fill Office, ‘Trump-Turnbull meeting strengthens the void?’, World Politics Review, 19 March 2018 the alliance’, 23 February 2018, https:// 67. Sarah Snyder, ‘Can Congress pressure au.usembassy.gov/white-house-statement- the White House on human rights?’ trump-turnbull-meeting-strengthens-alliance/ The Conversation, 6 July 2017 79. See for instance, Benjamin Reilly’s 68. See, for example, Elisa Epstein, ‘One year recommendation of re-establishing an Australian in, senior Trump official highly selective institute for democracy promotion. Benjamin on human rights’, Human Rights Watch, Reilly, ‘Promoting democracy is in Australia’s 25 January 2018, https://www.hrw.org/ interests’, The Australian, 21 May 2018 news/2018/01/25/one-year-senior-trump- officials-highly-selective-human-rights 69. See the Harris Poll, Human Rights First, 9 December 2015, http://www. humanrightsfirst.org/sites/default/files/ HumanRightsFirstHarrisPoll.pdf

12 UNITED STATES STUDIES CENTRE HUMAN RIGHTS AND THE TRUMP ADMINISTRATION

About the author

Elsina Wainwright AM

Elsina Wainwright is a Non-Resident Senior Fellow of the United States Studies Centre’s Foreign Policy and Defence Program.

She is also a Non-Resident Fellow at New York University’s Center on International Cooperation. Previous roles include Strategy and International Program Director at the Australian Strategic Policy Institute, an Associate with the management consulting firm McKinsey & Company and a consultant political analyst for the International Crisis Group in Bosnia. Wainwright studied as a Rhodes Scholar at Oxford University, where she completed both her Masters and Doctorate in International Relations. Whilst at Oxford, she was a Stipendiary Lecturer in Politics at Oriel College.

In 2017 she was appointed by the Australian Government to Australia’s panel of representatives in the ASEAN Regional Forum’s Experts and Eminent Persons group.

Wainwright’s outstanding service to Australia’s international affairs was recognised in 2018 when she was made a Member of the Order of Australia.

Cover photo: US Ambassador to the United Nations Nikki Haley addresses a session of the Human Rights Council, June 2017 (Getty Images)

This publication may be cited as: Elsina Wainwright, “Human rights and the Trump administration” United States Studies Centre at the University of Sydney, July 2018.

Briefs published by the United States Studies Centre are anonymously peer-reviewed by both internal and external experts.

13 The United States Studies Centre at the University of Sydney is a university-based research centre, dedicated to the rigorous analysis of American foreign policy, economics, politics and culture. The Centre is a national resource, that builds Australia’s awareness of the dynamics shaping America — and critically — their implications for Australia.

The Centre’s Alliance 21 Program is a multi-year research initiative that examines the historically strong Australia- United States relationship and works to address the challenges and opportunities ahead as the alliance evolves in a changing Asia. The Australian Government and corporate partners Boral, Dow, News Corp Australia, and Northrop Grumman Australia support the program’s second phase, which commenced in July 2015 and is focused on the following core research areas: defence and security; resource sustainability; alliance systems in Asia; and trade, investment, and business innovation.

The Alliance 21 Program receives funding support from the following partners. Research conclusions are derived independently and authors represent their own view not those of the United States Studies.

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