Res earc her Published by CQ Press, a Division of SAGE CQ www.cqresearcher.com Human Rights Issues Are they a low priority under President Obama?

uman rights advocates are voicing disappointment with what they have seen so far of President Obama’s approach to human rights issues in H forming U.S. foreign policy. They applaud Obama for working to restore U.S. influence on human rights by changing President George W. Bush’s policies on interrogating and detaining terrorism suspects. But they also see evidence that the Obama ad - ministration is reluctant to challenge authoritarian governments for clamping down on political dissidents or rigging elections. As one President Barack Obama reaffirmed U.S. support for human rights during an address to the United Nations General Assembly on Sept. 23. Two weeks example, these critics complain that Obama should not have tried later he was awarded the Nobel Peace Prize “for his extraordinary efforts to strengthen international to curry favor with the Chinese government by postponing a diplomacy and cooperation between peoples.” meeting with the Dalai Lama until after the president visits China in November. Administration officials insist Obama is devoted to I human rights and democratization and cite among other moves N THIS REPORT S the decision to join the United Nations Human Rights Council. THE ISSUES ...... 911 I Conservative critics, however, say the council is a flawed institution CHRONOLOGY ...... 919 D and the United States should have stayed out. BACKGROUND ...... 920 E CURRENT SITUATION ...... 924 CQ Researcher • Oct. 30, 2009 • www.cqresearcher.com AT ISSUE ...... 925 Volume 19, Number 38 • Pages 909-932 OUTLOOK ...... 927 RECIPIENT OF SOCIETY OF PROFESSIONAL JOURNALISTS AWARD FOR EXCELLENCE N AMERICAN BAR ASSOCIATION SILVER GAVEL AWARD BIBLIOGRAPHY ...... 930 THE NEXT STEP ...... 931 HUMAN RIGHTS ISSUES CQ Re search er

Oct. 30, 2009 THE ISSUES SIDEBARS AND GRAPHICS Volume 19, Number 38

• Is the Obama administra - Global Freedom Declines MANAGING EDITOR: Thomas J. Colin 911 tion deemphasizing human 912 for Third Year [email protected] Declines were notable in the rights in U.S. foreign policy? ASSISTANT MANAGING EDITOR: Kathy Koch • Is the Obama adminis - former Soviet Union, Africa. [email protected] tration reducing U.S. sup - ASSOCIATE EDITOR: Kenneth Jost port for democratization ? 913 Obama Says Democracy • Was President Obama Cannot Be Imposed by STAFF WRITERS: Thomas J. Billitteri, right to have the United Others Marcia Clemmitt, Peter Katel The president has referred to States join the U.N. CONTRIBUTING WRITERS: Rachel Cox, Human Rights Council? human rights in several Sarah Glazer, Alan Greenblatt, Reed Karaim recent addresses. Barbara Mantel, Patrick Marshall, Tom Price, Jennifer Weeks BACKGROUND Report on Abuses in Gaza 916 DESIGN /P RODUCTION EDITOR: Olu B. Davis “Unalienable” Rights Sparks Concern 920 Critics see anti-Israel tilt by ASSISTANT EDITOR: Darrell Dela Rosa The Declaration of Inde - U.N. Human Rights Council. pendence set out funda - EDITORIAL INTERN: Emily DeRuy mental human rights. Chronology FACT-CHECKING: Eugene J. Gabler, 919 Key events since 1945. Michelle Harris Rights Commitments 922 Accords are signed by Clinton Vows U.S. both East and West. 920 Opposition to Violence Against Gays Rights Dichotomies A “killing campaign” in Iraq 923 President George W. Bush’s goes unpunished, rights record on human rights group says. A Division of SAGE was widely criticized. PRESIDENT AND PUBLISHER: At Issue John A. Jenkins 925 Does President Obama CURRENT SITUATION deserve the Nobel Peace Prize for 2009? Copyright © 2009 CQ Press, a Division of SAGE. SAGE reserves all copyright and other rights herein, Rights Policies in Flux unless pre vi ous ly spec i fied in writing. No part of this 924 The Obama administration FOR FURTHER RESEARCH publication may be reproduced electronically or oth - is moving cautiously. erwise, without prior written permission. Un au tho - For More Information rized re pro duc tion or trans mis sion of SAGE copy right- Rights Treaties in Limbo 929 Organizations to contact. ed material is a violation of federal law car ry ing civil 926 The U.S. has yet to ratify fines of up to $100,000. U.N.-sponsored treaties on Bibliography women’s, children’s rights. 930 Selected sources used. CQ Press is a registered trademark of Congressional Quarterly Inc. 931 The Next Step CQ Researcher (ISSN 1056-2036) is printed on acid- OUTLOOK Additional articles . free paper. Pub lished weekly, except; (Jan. wk. 1) (May wk. 4) (July wks. 1, 2) (Aug. wks. 3, 4) (Nov. Waiting for Results 931 Citing CQ Researcher wk. 4) and (Dec. wk. 4), by CQ Press, a division of 927 Will Obama’s cautious Sample bibliography formats. SAGE Publications. Annual full-service subscriptions approach pay off? start at $803. For pricing, call 1-800-834-9020, ext. 1906. To purchase a CQ Researcher report in print or elec - tronic format (PDF), visit www. cqpress.com or call 866-427-7737. Single reports start at $15. Bulk pur - chase discounts and electronic-rights licensing are also available. Pe ri od i cals post age paid at Wash ing ton, D.C., and ad di tion al mailing of fic es. POST MAST ER: Send ad- dress chang es to CQ Re search er , 2300 N St., N.W., Suite 800, Wash ing ton, DC 20037.

Cover: AFP/Getty Images/Stan Honda

910 CQ Researcher Human Rights Issues BY KENNETH JOST

“That obviously sends a THE ISSUES message,” says Elisa Mas - samino, chief executive offi - s a young boy, Ten - cer of Human Rights First. zin Gyatso, the 14th “Decisions like that can be A Dalai Lama, received very powerfully damaging to a gift in his Tibetan home - the solidarity with the peo - land from President Franklin ple who we claim to be stand - D. Roosevelt: a gold watch ing with.” showing the phases of the Obama cheered human moon and the days of the rights advocates with the steps week. he took in his first days in Nearly seven decades later, office to scrap some of the the leader of the Tibetan controversial detention and government in exile as well interrogation policies that his as the spiritual leader of predecessor, Bush, had adopt -

Tibetan Buddhists had the i ed to deal with suspected ter - k watch with him in 2007 as s rorists following al Qaeda’s w o l

another U.S. president, r Sept. 11, 2001, attacks on the O George W. Bush, bestowed United States. “You can’t h p on him the Congressional l overstate the importance of a R /

Medal of Freedom. s that in terms of sending a e

When he visited Wash - g signal to our own people and a m ington in early October, I to the rest of the world that

y t however, the 74-year-old t the United States is going to e

Buddhist monk was less G return to taking those com - The Dalai Lama says he is not upset about not meeting warmly received by the cur - with President Obama during his visit to Washington in mitments to fundamental rent president, Barack Obama. early October. Obama postponed meeting with the human rights seriously,” says To avoid offending the Chi - Tibetan leader to avoid offending the Chinese Massamino. nese government over its po - government over its treatment of Tibetan dissidents; the In the months since then, litical and cultural struggles meeting will occur after Obama visits China in however, human rights ad - November. Human rights advocates see the postponement with Tibetan dissidents, as a sign of weakness in the administration’s support for vocates on the political left Obama decided to postpone human rights and democratization. and political right have been a personal meeting with the finding more to fault than to Dalai Lama until after the president’s Tibetan cause and expected the pres - praise in Obama’s dealings with coun - visit to China in November. ident to raise the issue with Chinese tries viewed as human rights violators. Administration officials insisted that leaders during his mid-November visit. “They haven’t yet come up with a deferring what has been since 1991 a “More serious discussion is better than consistent approach to human rights regular drop-in at the White House just a picture, so I have no disap - as to what they’re trying to get in was no slight. They noted that the pointment,” he said. 1 human rights as opposed to what postponement had been agreed to in Human rights advocates, howev - they’re trying to get country by coun - meetings between the Dalai Lama’s er, see the postponement as a mis - try,” says Jennifer Windsor, executive advisers and one of Obama’s closest take in itself and a troubling sign of director of Freedom House, an older aides, Valerie Jarrett, in advance of the weakness in the Obama administra - group generally seen as more con - monk’s weeklong visit to Washington tion’s approach in promoting human servative than such newer organiza - in early October. rights and democratization in other tions as Human Rights First and Human The Dalai Lama himself brushed off countries. “It plays into the narrative Rights Watch. “I sort of wonder why any hint of hurt feelings from the post - that the administration will defer to it’s taking them so long,” Windsor says. ponement. In an Oct. 7 interview, he power rather than principle,” says “They keep on apologizing.” told CNN’s Wolf Blitzer that he con - Tom Malinowski, Washington direc - “So far, his administration has been sidered Obama “sympathetic” to the tor for Human Rights Watch. characterized by a marked turning away

www.cqresearcher.com Oct. 30, 2009 911 HUMAN RIGHTS ISSUES

from interest in human rights and icy Institute at Johns Hopkins Univer - Grumbling about the president’s democracy that has been a feature of sity’s School of Advanced and Inter - human rights record was already wide - United States foreign policy since the national Studies in Washington and a spread before Obama became the unan - presidency of Jimmy Carter,” says Joshua leading neoconservative expert on ticipated recipient on Oct. 9 of this Muravchik, a fellow at the Foreign Pol - human rights. year’s Nobel Peace Prize. In selecting

912 CQ Researcher Obama, the Norwegian Nobel Com - mittee said he had created “a new at - Obama: Democracy Is a Human Right mosphere of international politics,” President Obama has stressed the importance of democracy and adding, “Democracy and human rights are to be strengthened.” 2 human rights in four recent speeches to international audiences, A few hours later, Obama said he beginning with a widely hailed address at Cairo University in June. was “surprised” and “humbled” by the Human rights groups say they are encouraged by Obama’s remarks award. “I do not feel that I deserve to but are looking for more concrete actions from the administration be in the company of so many trans - to support democratization and civil society movements. formative figures that have been hon - ored by this prize,” he said. But Obama “America does not presume to know what is best for everyone, just as we said he would accept the award as “a would not presume to pick the outcome of a peaceful election. But I do call to action to confront the common have an unyielding belief that all people yearn for certain things: the ability to speak your mind and have a say in how you are governed; challenges of the 21st century.” confidence in the rule of law and the equal administration of justice; The reaction to the award in the government that is transparent and doesn’t steal from the people; the United States and around the world freedom to live as you choose. These are not just American ideas; they are was decidedly mixed. “Too early,” said human rights. And that is why we will support them everywhere.” Lech Walesa, the Polish labor leader — remarks at Cairo University, Cairo, Egypt, June 4, 2009 and later prime minister who was the 1983 Nobel laureate. But other previ - “The arc of history shows us that governments which serve their own ous winners applauded the selection. people survive and thrive; governments which serve only their own power In a congratulatory letter, the Dalai Lama, do not. Governments that represent the will of their people are far less likely to descend into failed states, to terrorize their citizens, or to wage the 1989 laureate, told Obama that the war on others. Governments that promote the rule of law, subject their Nobel committee “has rightly noted your actions to oversight, and allow for independent institutions are more efforts towards a world without nuclear dependable trading partners. And in our own history, democracies weapons and your constructive role in have been America’s most enduring allies, including those we once environmental protection.” waged war with in Europe and Asia — nations that today Within the United States, Democrats live with great security and prosperity.” and some Republicans voiced approval — remarks at the New Economic School graduation, Moscow, July 7, 2009 of the selection, but many GOP politi - cians were unenthusiastic to negative. “America will not seek to impose any system of government on any other nation — the essential truth of democracy is that each nation determines Much of the reaction among main - its own destiny. What we will do is increase assistance for responsible stream media commentators and blog - individuals and institutions, with a focus on supporting good governance gers was skeptical, even from some — on parliaments, which check abuses of power and ensure that opposi - liberals. ( See “At Issue,” p. 925. ) tion voices are heard; on the rule of law, which ensures the The divisions over the peace prize equal administration of justice; on civic participation, so that mirror experts’ evaluations of Obama’s young people get involved; and on concrete solutions to corruption contributions on human rights issues like forensic accounting, automating services, strengthening hotlines, and after nine months in office. “The jury protecting whistle-blowers to advance transparency and accountability.” — remarks to the Ghanaian Parliament, Accra, July 11, 2009 is still out, but I think the Obama ad - ministration is headed in the right di - “Democracy cannot be imposed on any nation from the outside. Each rection,” says David Kaye, head of the society must search for its own path, and no path is perfect. Each country International Human Rights Clinic at will pursue a path rooted in the culture of its people and in its past UCLA Law School and a former State traditions. And I admit that in the past America has too often been Department official under Presidents selective in its promotion of democracy. But that does not weaken our Bill Clinton and George W. Bush. commitment, it only reinforces it. There are basic principles that are But Michael Mandelbaum, director universal; there are certain truths which are self-evident — and the of the foreign policy program at Johns United States of America will never waver in our efforts to stand up for the right of people everywhere to determine their own destiny.” Hopkins, says the administration has — remarks to United Nations General Assembly, New York, Sept. 23, 2009 downplayed human rights. “They very conspicuously backed away from the Source: The White House, www.whitehouse.gov/the_ press_office strong advocacy of rights, from putting

www.cqresearcher.com Oct. 30, 2009 913 HUMAN RIGHTS ISSUES

that at the center of their policies and al countries with deplorable human rights among human rights advocates by ap - putting that at the center of their records, including Egypt, Syria, Iran and pearing to put rights issues below other rhetoric,” he says. Myanmar (formerly Burma). Muravchik U.S. concerns. In comments to the trav - The United States took the lead after accuses Obama of “a rush to have new eling press corps, Clinton said the Unit - World War II in the adoption of inter - and friendly relations with a whole se - ed States would continue pressing China national human rights agreements, but ries of the most cruel and dictatorial on Tibet, Taiwan and free-speech issues, human rights took a back seat to glob - regimes.” but added, “Our pressing on those is - al power politics during the tensest The debate over Obama’s policies sues can’t interfere with the global eco - years of the Cold War. In the late 1970s, takes place against what Freedom nomic crisis, the global climate change however, President Jimmy Carter made House describes in its most recent crisis and the security crisis.” human rights an explicit centerpiece of annual report as the third consecutive Human rights groups complained in U.S. foreign policy. Every president year of decline in global freedom. The advance about signals that human rights since then has continued the stated com - report credits Bush — and his two issues were to be downgraded on the mitment to human rights, though in predecessors, Clinton and his father trip. “Extremely disappointed,” said markedly different ways. 3 George H. W. Bush — with helping Amnesty International USA. Today, many President George W. Bush continued promote positive developments for human rights advocates continue to to voice support for human rights and democracy since the end of the Cold question Clinton’s statement. “We’re not used his second inaugural address in War. But it also points to “a turnaround going to talk about human rights until 2005 to put promoting democracy at the in democracy’s fortunes” in Bush’s we solve global warming and the eco - center of his foreign policy goals. The second term and points to “the lack nomic crisis?” asks Muravchik, the Johns results of Bush’s policies — in Iraq, the of . . . durable gains” in the Middle Hopkins fellow. “That gives them a Mideast and the rest of the world — East and North Africa as “a major pretty large margin of impunity.” 5 are disputed. Whatever Bush’s final lega - disappointment for American policy.” 4 Beyond U.S.-China relations, the ad - cy may be, many experts and advocates (See map, p. 912. ) ministration appears to be basing its say Obama is shaping his approach to Apart from the changes in the post- human rights policies on a view that the issues in conscious distinction with 9/11 interrogation and detention poli - private diplomacy is more effective than Bush’s more aggressive approach. “They cies, Obama’s most concrete action to public rhetoric in encouraging authori - are almost afraid to speak out against date is the decision to join the Unit - tarian governments to turn away from human rights abuses in any country be - ed Nations Human Rights Council, a repressive policies. Human rights advo - cause it’s going to be like Bush,” says U.N. forum reconstituted in 2006 that cates on the left and right disagree. Freedom House’s Windsor. the Bush administration pointedly boy - “They’re saying they want to achieve Admirers note that Obama has given cotted. As with Obama’s moves on real gains and to engage in order to four major foreign policy speeches anti-terrorism policies, reactions to the get something accomplished,” says Free - reaffirming U.S. support for human rights, decision divide along ideological lines: dom House’s Windsor. “In the past, we most recently at the United Nations Liberals support the move; conserva - have not seen quiet diplomacy work.” General Assembly. ( See box, p. 913. ) tives do not. ( See sidebar, p. 916. ) “It’s not enough to say we’re going They also point out that Obama ap - Obama’s trip to China will be closely to talk with people,” says Massamino pointed two longtime human rights ad - watched for new clues on how human of Human Rights First. “It’s not an end vocates to pivotal posts at the State De - rights fits in with other U.S. interests in itself.” partment. Harold Hongju Koh, a former — economic, diplomatic, strategic — A former Bush administration official Yale Law School dean, is serving as the in dealing with countries with less goes further. “It seems clear to me that department’s legal adviser; Michael Pos - than exemplary human rights records. the Obama administration has no ner, the longtime head of Human Rights As the president prepares for the trip, human rights policy,” Elliott Abrams, First, was confirmed in late September here are some of the major questions deputy national security director for as assistant secretary of state for human that human rights watchers are debating: democracy in Bush’s second term and rights, democracy and labor. “These two now a senior fellow with the Council guys are really, really committed to a Is the Obama administration on Foreign Relations, tells the conserv - value-driven, human rights-oriented U.S. deemphasizing human rights in ative FrontPageMagazine.com . “That is, foreign policy,” UCLA’s Kaye says. U.S. foreign policy? while in some inchoate sense they would The admirers acknowledge, howev - In a visit to China and other Asian like respect for human rights to grow er, and critics emphasize that Obama countries in February, Secretary of State around the world, as all Americans would, has also sought to “engage” with sever - Hillary Rodham Clinton raised eyebrows they have no actual policy to achieve

914 CQ Researcher that goal — and they subordinate it to Obama’s engagement strategy, Is the Obama administration re - all their other policy goals.” 6 Muravchik concludes, “necessarily in - ducing U.S. support for democra - Other human rights advocates, how - volves a downgrading if not betray - tization in other countries? ever, say the criticism is overblown. “The al of human rights.” Other human President Obama used one of his administration understandably wanted to rights watchers, however, are pre - first major foreign policy speeches abroad distinguish itself from what it saw as the pared to suspend judgment to see to reaffirm to his Egyptian audience [Bush administration’s] overly messianic what results are achieved by the ap - and the broader Muslim world the Unit - and at times aggressive and hectoring proach reflected, for example, in ed States’ support for promoting approach toward these issues,” says Clinton’s comments on China. democracy. Democratic principles such Human Rights Watch’s Malinowski. “The “A charitable reading of that is that as freedom, equality and rule of law narrative of Bush cared and Obama we need to find new tactics; we’re not “are not just American ideas,” Obama doesn’t,” he adds, “is extraordinarily going to engage in a Kabuki dance; said in the June 4 address in Cairo. simplistic and misguided.” that’s not getting results,” says Massamino “They are human rights. And that is Thomas Carothers, vice president for of Human Rights First. why we will support them everywhere.” studies at the Carnegie Endowment for “There’s a lot to be said for the idea Obama made no reference in the International Peace in Washington, also that in pushing a human rights agenda, speech, however, to the repressive poli - says the criticism of cies of his host, Egyptian Obama’s policies is President Hosni Mubarak. exaggerated. “The In advance, he even re -

idea that we’ve sud - t jected a reporter’s sugges - d denly gone soft on i tion to describe Mubarak m h

Russia, on China and c as “authoritarian.” And S

o so forth tends to be t when Obama hosted the r e

a bit of an over - b Egyptian leader at the o R

statement,” he says. / White House on Aug. 18, s e

Still, Malinowski g the subject of democracy a

says human right ad - m was unmentioned in pub - I

y 7

vocates have cause for t lic comments. t e

concern. Obama’s ap - G The on-again, off- / P

parent approach, he F again invocation of the says, “can easily be A democracy message leaves Secretary of State Hillary Rodham Clinton visits with South African interpreted and to soldiers assigned to U.N. peacekeeping duties in the Democratic human rights advocates some extent is being Republic of the Congo during her weeklong visit to war-torn Africa less than satisfied. “Presi - interpreted by the per - in August. Earlier in the year she was criticized for saying dent Obama could have manent foreign poli - human rights should not “interfere” with U.S.-China relations. been more explicit,” says cy bureaucracy at the State Department sometimes and in some places and with Malinowski, the Human Rights Watch di - as an argument for engaging [repressive] some countries it’s better to push it qui - rector in Washington. “It’s important that governments without pressure, without etly,” says UCLA professor Kaye. “Over the president’s private messages to lead - sanctions, without a significant empha - time, it may be that the Obama admin - ers like Mubarak be emphasized with sis on what [bureaucrats] dismiss as istration will either see that working or public messages. I agree that was a moral issues.” will see it not working. In those situa - missed opportunity.” Muravchik, the Johns Hopkins fellow, tions where they see it not working, they Former Bush administration official says the administration’s approach reflects may move the disagreements from the Abrams bluntly criticized Obama for a wrongheaded effort to differentiate private channels to the more public ones. selecting Cairo as the site of the ear - Obama’s policies from Bush’s. “There was “It’s too early to conclude that they lier address and then omitting any men - an obvious opening in keeping with his are sacrificing the human rights agen - tion of human rights in the joint press desire to be critical of Bush’s legacy to da for some Kissingerian realpolitik,” availability with Mubarak at the White say that in this area Bush pronounced he concludes, referring to Henry House. “Democracy activists in Egypt good ideas but didn’t deliver,” Muravchik Kissinger, who served as secretary of have been abandoned,” he said in the says. “Instead, he’s said that Bush was state under Presidents Richard M. Nixon FrontPageMagazine.com interview. on the wrong track in essence by telling and Gerald R. Ford. “I don’t think that’s Muravchik, the Johns Hopkins fellow, other governments how to behave.” what’s happening.” is similarly critical of Obama’s delayed

www.cqresearcher.com Oct. 30, 2009 915 HUMAN RIGHTS ISSUES

Report on Abuses in Gaza Sparks Concern Critics see anti-Israel tilt by U.N. Human Rights Council. srael launched a three-week air and ground assault on The report has focused worldwide attention on the Human Gaza in December 2008 aimed at stopping Palestinian mil - Rights Council, a 47-nation body created in 2006 to replace I itants from firing missiles at civilian targets across the bor - a larger U.N. human rights forum widely denounced as in - der. During and after the invasion, the ruling Hamas govern - effective. Critics said the earlier U.N. Commission on Human ment in Gaza charged that Israeli forces had committed war Rights was unsuccessful at prosecuting nations that violated crimes by wantonly attacking Palestinian civilians. 1 human rights and showed poor judgment in allowing coun - Now, a respected South African jurist has found both sides tries with questionable human rights records, including China responsible for endangering civilians during the conflict. In and Russia, to be members. Under President George W. Bush, a report commissioned by the United Nations Human Rights the United States criticized the commission and refused to Council, Judge Richard Goldstone recommends that Israel join the council. and Gaza conduct their own investigations of human rights President Obama changed the policy, however, and the Unit - abuses by their side during the fighting. If no investigations ed States joined the council in May 2009. Critics say the coun - are forthcoming within six months, Goldstone wants the U.N. cil is still fundamentally flawed and inordinately critical of Is - Security Council to turn the dispute over to the Internation - rael. But human rights groups are applauding the shift. They al Criminal Court. 2 say that U.S. involvement and an altered structure will help Goldstone’s report has drawn critical reactions from both bring human rights abusers to justice. sides. Israel has condemned Goldstone, who is Jewish, for fur - The council has enacted a new, periodic review of all 192 thering what they perceive to be the council’s constant berat - U.N. member states in order to monitor human rights condi - ing of the Jewish state. 3 Many Israelis complain that comply - tions in every state. Council members are chosen by the U.N. ing with the investigation would be fruitless because the council General Assembly instead of by the Economic and Social Coun - is already biased against them. cil, which was previously in charge of elections. Additionally, While Hamas has lauded Goldstone for denouncing Israeli a complaints procedure allows individuals and organizations to military tactics and agreed to investigate some portions of the bring potential violations to the attention of the council. 4 report, the rival Palestinian Authority originally decided to defer Proponents of the council say the changes signal a vast im - action, citing an inadequate number of people needed to sup - provement over the commission, but many claim that a dis - port an investigation. However, after facing criticism for their de - proportionate amount of time continues to be spent on Israel’s cision, the authority requested that the U.N. conduct a special alleged human rights violations while others, such as Sudan, session on the conflict. face little investigation. The council has appointed an inde - Several prominent human rights organizations, specifically pendent expert to monitor Sudan and asked the country to Amnesty International and Human Rights Watch, have defend - remedy human rights violations but has taken no disciplinary ed the report for calling attention to rights abuses. The U.N.’s action against the government. 5 top human rights official, Navi Pillay, has offered her endorse - During its three-year existence, the council has passed a reso - ment, as well. lution on freedom of expression that prohibits limiting expression response to evidence of irregularities in of the Bush administration’s approach In Egypt, the administration seems the Iranian presidential election in June. to promoting democracy. “He set out to be trying to heal the rift in U.S.- “Obama was so devoted to this course an alternative rhetorical framework that Egyptian relations, which were seen to of making friends with the dictators that emphasizes that we will not impose have suffered in the Bush years be - he refused for the first week to say or democracy on others, that we recog - cause of his administration’s criticisms do anything to encourage the Iranian nize that different kinds of democracy of Egypt’s record on human rights. The people,” Muravchik says. “After a week exist and that we will be sure not to Bush policies were widely credited, how - went by, it was clear that his stand was equate elections with democracy,” ever, with encouraging some liberal - untenable in terms of the views of the Carothers says. ization by the Mubarak government. Iranian people, the American people and Carothers says Obama’s approach Today, human rights advocates say the stands of some other Western lead - will be “more appealing to people in repressive policies are returning in ers. So he spoke out, which was all to many parts of the world.” But he adds, Egypt just as U.S. support for democra - the good but quite belated.” “It is clear that this administration is tization efforts is lagging. “Despite the To democratization expert Carothers, not going to make democracy promo - president’s speech, there’s been little in - Obama’s speech represents a recasting tion a major emphasis of its policy.” dication that the Egyptian government’s

916 CQ Researcher in order to protect religion. It has examined the continuing con - In a 24-page assessment, Freedom House gives the council flict in Gaza and passed resolutions aimed at remedying rights vi - mixed ratings, with a passing grade only on the use of so- olations in Myanmar (formerly Burma) and the Democratic Re - called special rapporteurs and failing grades on adoption of public of the Congo (DRC), particularly those involving women resolutions on urgent human rights crises. The organization and children. specifically criticizes the council for a “disproportionate” num - Many cite the ability of the United States to broker the free - ber of resolutions critical of Israel. More broadly, the report dom of expression resolution with Egypt as a sign that the coun - concludes that democratic countries on the council have failed cil is enacting positive change. However, critics still claim that to counter the “considerable resources” devoted by a “small but the council shows favoritism towards some countries, with bloc active group” of non-democratic countries to limiting the coun - voting by region significantly furthering that bias. Specifically, the cil’s effectiveness in protecting human rights. 8 Arab countries and many of the African countries vote together on resolutions, making it difficult to pass those that allow the — Emily DeRuy examination of rights violations in places like the DRC. The Goldstone report has again brought these criticisms to 1 For background, see Irwin Arieff, “Middle East Peace Prospects,” CQ Global the surface. In the special session requested by the Palestinian Researcher , May 2009, pp. 119-148. 2 See “Human Rights in Palestine and Other Occupied Arab Territories: Report Authority, the council endorsed the report, a move that allows of the United Nations Fact-Finding Mission on the Gaza Conflict,” Sept. 25, the investigation to be taken before the U.N. Security Council. 2009, www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A-HRC-12- This is the seventh of 12 sessions in the past year involving Is - 48.pdf. See Christiane Amanpour, “A Look at the Allegations of Israeli and Hamas War Crimes,” CNN International, Sept. 30, 2009, for interviews with rael — another indication many say, of the rights council’s bias Judge Goldstone and former U.S. Secretary of State Madeleine Albright. against Israel. The United States voted against the report and has 3 See Amir Mizroch, “Grappling with Goldstone,” The Jerusalem Post , Sept. 18, veto power over the Security Council’s agenda, making it un - 2009, p. 9. likely the investigation will travel that far. China and Russia voted 4 See “The Human Rights Council,” The U.N. Human Rights Council, www2. for the report but have since indicated their opposition to in - ohchr.org /english/bodies/hrcouncil/ for full description of council structure. 6 5 “Human Rights Council Establishes Mandate of Independent Expert on volving the Security Council. Sudan for One Year,” U.N. Human Rights Council, June 18, 2009, www. Last month, speaking in Geneva, U.S. Assistant Secretary for unhchr.ch/huricane/huricane.nsf/view01/91B0E40B4256A0C3C12575D90071224 Democracy, Human Rights and Labor Michael Posner and State 5?opendocument. For background, see Karen Foerstel, “Crisis in Darfur,” CQ Global Researcher , September 2008, pp. 248-270. Department legal adviser Harold Hongju Koh expressed hope 6 See Neil MacFarquhar, “U.N. Council Endorses Gaza Report,” The New that U.S. involvement in the council would help to create a non- York Times , Oct. 16, 2009, www.nytimes.com/2009/10/17/world/middleeast/ political U.N. body able to support victims and prosecute rights 17nations.html ?_r=1&scp=1&sq=Goldstone%20report%20&st=cse. violators. 7 But the United States and Israel have expressed con - 7 “Geneva Press Briefing by Harold Hongju Koh and Michael Posner,” United States Mission, Sept. 28, 2009, http://geneva.usmission.gov/2009/09/28/koh-posner/. cern that the Goldstone report and proceedings within the rights 8 See “The U.N. Human Rights Council Report Card: 2007-2009,” Freedom council demonstrate a political bias against Israel and do not House, Sept. 27, 2009, www.freedomhouse.org/uploads/special_report/84.pdf. focus enough on human rights violations by the Palestinians. human rights record is at all a concern grams for fiscal 2010, an increase of “We think neither the Bush ad - to this administration or that they’re $234 million, according to an analysis ministration nor the Obama adminis - willing to put any material support or by Freedom House. “To their credit, they tration has fully stood up for the right diplomatic heft in order to get a re - actually kept democracy and human to cross-border help to fulfill human versal of the deteriorating situation in rights levels up,” says Windsor. 8 rights,” Windsor continues. Egypt,” says Freedom House’s Windsor. Windsor says U.S. support for pro- In Egypt, a U.S. embassy official in - U.S. aid to democratization pro - democracy groups is important because sisted in response to criticism from grams in Egypt, including funding for of the resistance by authoritarian coun - Egyptian activists that U.S. support con - civil society groups, fell from $55 mil - tries to outside aid. “Over the last three tinues. “We may have changed tactics, lion in fiscal 2008 to $20 million in the to four years, there’s been a backlash but our commitment to democracy and current fiscal year. The Obama admin - by governments to make sure that no human rights promotion in Egypt is istration is proposing a modest increase ‘color revolution’ occurs in their own steadfast,” an embassy official said in to $25 million for the current year. country,” she says, referring to the pro- an e-mailed response to a reporter’s Overall, the administration is requesting democracy “Orange Revolution” in Ukraine questions. 9 But Carothers says human $2.81 billion for democratization pro - and “Rose Revolution” in Georgia. rights issues generally are getting only

www.cqresearcher.com Oct. 30, 2009 917 HUMAN RIGHTS ISSUES

limited attention as the administration Many human rights advocates say the The U.N. Commission on Human deals with other major foreign policy passage of the freedom of expression Rights, the predecessor forum, had drawn problems in Iraq, Iran and Afghanistan. resolution demonstrates the Obama ad - criticism for being open to membership “They have been very busy with the ministration was right to join the coun - by — and domination by — human major crises on their hands and have cil. “The United States was successful in rights violators. In an effort to remedy neither articulated nor begun to im - reaching out to Egypt,” says Neil Hicks, the problem, membership in the new plement any kind of broad approach senior adviser on U.N. issues for Human council requires an absolute majority of on human rights,” Carothers says. “These Rights First. By omitting any reference votes from the General Assembly rather are really pressing, and human rights to defamation of religion, the resolution than election from a regional bloc. seems to be of secondary concern.” means that “there will no longer be an Proponents say the council is also effort to weaken protection of freedom stronger because all U.N. members will Was President Obama right to of expression in the name of protect - be subject to a “universal periodic re - have the United States join the ing religion,” Hicks says. view” of their records on rights issues, United Nations Human Rights Other human rights advocates, how - with council members up for review Council? ever, are troubled by passages in the res - first. The commission had no procedure When a Danish newspaper published olution critical of the rising incidence of for reviewing human rights conditions a full page of satirical depictions of the religious intolerance and stereotyping. The in every country, Hicks says. Prophet Muhammad in 2005, Muslim resolution has “some very good language Supporters say membership by leaders around the world denounced the and some problematic language,” says human rights violators is inevitable, publication as a defamation of Islam. Paula Schriefer, director of advocacy at but U.S. membership will strengthen Many called on the Danish government Freedom House, who follows U.N. is - the democratic bloc within the coun - to take legal action against the news - sues. “There’s some question whether this cil. “Without United States leadership, paper. A Danish prosecutor found no foray has been completely successful.” other democratic countries rarely stand basis for proceeding against the news - Hicks acknowledges the resolution up effectively for human rights,” says paper, however. And many leaders and is only “a step in the right direction” Human Rights Watch’s Malinowski. “And commentators in Europe and the Unit - and may not end the dispute. Like most repressive countries tend to band to - ed States criticized the Muslim response human rights advocates, however, in - gether quite effectively.” as a threat to freedom of expression. cluding Freedom House, Hicks applauds Mandelbaum at Johns Hopkins faults The dispute exemplified the tension the U.S. decision to participate in the both the council and its predecessor between many Muslims and much of council. “Our hope is that with U.S. for an anti-Israel bias. “They spend all the rest of the world over how to rec - membership there will be a concerted their time persecuting the only coun - oncile free speech with freedom of re - effort to stand up for democratic val - try in the Middle East that takes human ligion. Now, the United States and pre - ues in the council,” Hicks says. “We’re rights seriously: Israel,” he says. Israel, dominantly Muslim Egypt have joined waiting for that to happen.” which is not a member of the coun - in sponsoring a broad U.N. reaffirma - Some conservative human rights watch - cil, strongly criticized a report com - tion of freedom of expression that ers, however, say the United States should missioned by the council that acused condemns religious intolerance but have stayed out. “It was a token of the Israeli forces of human rights abuses significantly omits any legal sanctions Bush administration’s devotion to human during the invasion of Gaza launched for criticizing religion or specific faiths. rights that it would refuse to wade into in December 2008. ( See sidebar, p. 916. ) The freedom of expression resolu - this cesspool,” says Johns Hopkins fel - Hicks agrees that the U.N. rights tion, adopted Oct. 2 by consensus by low Muravchik. “It is a great pity that the bodies have been guilty of “over - the United Nations Human Rights Coun - Obama administration has reversed that.” con centration on the Israeli-Palestinian cil, marked the first significant ac - To join the council, the United situation,” but he says that council ac - complishment by the United States States won election by 167 of the 192 tions adopting country-specific resolu - since the Obama administration’s de - members of the U.N. General Assem - tions on Myanmar and Congo this year cision to join the still-new U.N. forum. bly in balloting in May. Among the 14 have shown some signs of reduced The Bush administration had refused other countries elected were five with geographic-bloc voting. to join the council after it was created checkered human rights records, in - In any event, most human rights in 2006 to replace the U.N. Com mis - cluding two major powers, China and experts applaud the Obama adminis - sion on Human Rights, which was Russia; the regional power Saudi Ara - tration’s decision to join the council. widely criticized as weak and ideo - bia; and two smaller countries, “The United States goes into these 10 11 logically polarized. Cameroon and Cuba. Continued on p. 920

918 CQ Researcher Chronology

1990s 2006 1945-1990s Human rights machinery institutional - U.S. declines to participate in U.S. takes lead in establishing ized at United Nations: U.N. high newly created United Nations United Nations, writing inter - commissioner for human rights creat - Human Rights Council. national human rights law; ed; war crimes tribunals established U.S. support for democracy in former Yugoslavia, Rwanda. 2008 tempered by Cold War rivalry Bush prepares to leave office with with communist bloc. • democracy, human rights legacy sharply debated. 1945 United Nations established. 2001-Present January-March 2009 Bush administration war on Barack Obama inaugurated; repudi - 1948 terror policies criticized, ates Bush policies on detention Universal Declaration of Human democracy promotion legacy and interrogation; promises to close Rights adopted by the U.N. questioned; Obama administra - Guantánamo within year (January). tion criticized for downplaying . . . Secretary of State Hillary Rod - 1950s human rights. ham Clinton draws fire for saying U.S. supports coups to oust leftist human rights should not “interfere” regimes in Guatemala, Iran; blocks 2001 with U.S.-China relations (February) . unified election in Vietnam; sends President George W. Bush launches . . . U.S. signs U.N. petition favoring no aid to anti-communist revolt in invasion of Afghanistan for harbor - decriminalization of homosexual Hungary. ing al Qaeda after Sept. 11, 2001, conduct (March). . . . attacks on U.S.; prepares aggressive 1960s policies to detain, interrogate April-June 2009 U.S. role in Vietnam War escalates; “enemy combatants.” U.S. wins election to U.N. Human U.S. takes no action as Soviet Rights Council; administration signals Union crushes reform movement 2002 support for U.N. convention to in Czechoslovakia. U.S. opens prison camp for sus - eliminate discrimination against pected terrorists at Guantánamo women (May). . . . Obama says 1975 Bay Naval Base in Cuba; move U.S. will support human rights Vietnam War ends with fall of widely criticized in Muslim world “everywhere”; U.N. Ambassador Saigon government, reunification and by some European allies. . . . Susan Rice indicates administration under communist regime. . . . International Criminal Court estab - support for U.N. pact on children’s Helsinki Accords signed; Soviet bloc lished; U.S. declines to participate. rights (June). agrees to respect human rights. 2003 July-September 2009 1977-1981 U.S.-led invasion of Iraq topples Clinton visits war-torn Congo during President Jimmy Carter puts Saddam Hussein; with U.S. support, Africa visit (August). . . . Obama human rights at center of U.S. parliamentary elections, referendum tells U.N. General Assembly U.S. foreign policy. on new constitution held in 2005. has “too often been selective” in promoting democracy (September). 1980s 2004 U.S. support for right-wing regimes in U.S. labels killings of civilians in October 2009 Central America, contras in Nicaragua Sudan’s Darfur province “genocide.” Human Rights Council adopts free - widely criticized in U.S., elsewhere; . . . With U.S. backing, Hamid Karzai dom of expression resolution; en - U.S. aid helps oust authoritarian lead - elected president of Afghanistan; par - dorses report opposed by U.S. that ers in Philippines, Haiti. liamentary elections follow in 2005. accuses Israel of targeting civilians in Gaza; U.S. critics say stance 1989 2005 shows need to pull out of council. Berlin Wall falls; Eastern European Bush, in second inaugural address, . . . Clinton, others unveil new pol - countries throw off communist promises U.S. support for democracy icy on Sudan/Darfur; “carrots and governments; Cold War ends. “in every nation and culture.” sticks” approach criticized by some.

www.cqresearcher.com Oct. 30, 2009 919 HUMAN RIGHTS ISSUES

Clinton Vows Opposition to Violence Against Gays ‘Killing campaign’ in Iraq goes unpunished, rights group says.

he victim was taken from his parents’ Baghdad home Now, Secretary of State Hillary Rodham Clinton is promis - late one evening in April by four armed, masked men, ing that the United States will do more to track and oppose T who shouted insults as they dragged him away. His body violence in other countries against LGBT persons. “Where it was found in a garbage dump in the neighborhood the next happens anywhere in the world, the United States must speak day, his genitals cut off and a piece of his throat ripped out. out against it and work for its end,” Clinton said in a Sept. 11 The victim’s offense: He was gay. Three weeks later, when speech to the Roosevelt Institute in New York City, where she Human Rights Watch investigators spoke with the victim’s 35- was receiving the institute’s Four Freedoms Medal. 3 year-old partner, he struggled to speak. “In Iraq, murderers and Despite widespread criticism of President Obama for al - thieves are respected more than gay people,” he said. 1 legedly downplaying human rights, LGBT rights advocates are The incident was part of the group’s report, published in giving the administration positive marks for increased attention August, which describes a “killing campaign” by “death squads” to those issues after eight years of general neglect under Pres - that swept through Iraq in the early months of 2009. The cam - ident George W. Bush. “They’ve been very open to the dia - paign was concentrated in Baghdad’s Sadr City, the stronghold logue,” says Michael Guest, senior counselor at the Council for of supporters of the anti-American Shiite cleric Moktada al-Sadr, Global Equality, a coalition founded in 2008 to work for LGBT but killings also were reported in other cities. rights around the world. The killings were done “with impunity,” according to the re - Guest notes that the Obama administration decided in March to port, based on three weeks of on-site interviews by Scott Long, support a United Nations petition sponsored by France and the director of Human Rights Watch’s LGBT Rights Project, and a sec - Netherlands calling for decriminalization of homosexual conduct. The ond investigator. Iraqi police and security forces did little to in - Bush administration had taken no position on the resolution, now vestigate or try to halt the killings, the report said. No arrests or supported by 67 countries. Guest served as ambassador to Roma - prosecutions had been announced when the report was published. nia in the second Bush administration until his resignation in 2007 Iraq is one of many countries where violence against les - over the lack of spousal benefits and privileges for his partner. bian, gay, bisexual or transgender persons occurs and goes un - In her speech, Clinton promised to give increased attention punished or is even abetted by authorities. In many others, to violence against the LGBT community in the State Depart - LGBT persons are subject to harassment, intimidation and even ment’s annual country-by-country reports on human rights. The prosecution because of their sexual orientation or gender iden - most recent report, published in February and compiled dur - tity. In Senegal, nine people, including the head of an AIDS ing the Bush administration, includes what Guest calls the most service organization, were arrested in December 2008 and given detailed listing of LGBT rights violations to date. Among the long prison sentences the next month, purportedly for engaging incidents in 2008 noted were the murder of a transgender ac - in homosexual conduct. 2 tivist in Honduras, imprisonment in Egypt of men suspected

Continued from p. 918 belief in the “unalienable” human rights The American Revolution succeed - things recognizing that the council is of “life, liberty, and the pursuit of ed in part because of aid from France. not a perfect body,” says UCLA’s Kaye. happiness” and the democratic prin - The young Republic turned a deaf ear “Rather than sitting outside and com - ciple of “consent of the governed.” in the 1820s, however, to pleas for plaining, it’s now inside the tent.” Those beliefs have remained central help in the Greek war of indepen - American ideals ever since. In the dence. Then-Secretary of State John 20th century, the United States put Quincy Adams said the United States its military and diplomatic might be - was a “well-wisher to the freedom and BACKGROUND hind efforts to promote democracy independence of others,” but “cham - and human rights — with limited suc - pion and vindicator only of her own.” cess after World War I, somewhat In the century’s two major external more after World War II. Human wars — with Mexico (1846-1848) and ‘Unalienable’ Rights rights remained a talking point dur - Spain (1898) — the United States ing the Cold War but often took a claimed to be spreading democracy, s the first of the United States’ back seat to geopolitics in the con - but the conflicts were aimed, in fact, A founding documents, the Decla - flicts with two communist powers: at continental expansion and imperial ration of Independence affirmed a the Soviet Union and China. 12 conquest, respectively. 13

920 CQ Researcher a r r e i S

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of being HIV-positive and d which would be devastating to n a l

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The United States raised t U.S.-led multinational forces in t the issue of violence and rights e Iraq to assist Iraqi authorities G /

violations against LGBT per - P in investigating the killings and F

sons on Oct. 8 at a meeting A vetting and training Iraqi police of the Organization for Se - LGBT activists in Tegucigalpa, Honduras, protest the murder on human rights issues with “no curity and Co-operation in Eu - of a transgender activist on May 15, 2009. Secretary of State exceptions for sexual orienta - rope, a regionwide human Hillary Clinton has promised to give increased attention tion and gender expression or to violence against the LGBT community. rights forum. Earlier, a U.S. identity.” Long sees no action representative had noted concern about the refusal in some coun - thus far on either of the recommendations. “It’s not clear the tries to grant permits for pro-LGBT “pride” parades. Guest says embassy has done anything,” he says. increased U.S. attention to documenting LGBT issues is important — Kenneth Jost because problems often go unreported. “LGBT communities in many countries are extremely marginalized, and social and cul - 1 “They Want Us Exterminated,” Human Rights Watch, August 2009, tural norms are such that nobody complains,” he says. www.hrw.org/en/reports/2009/08/16/they-want-us-exterminated. The report Long also applauds the administration’s statements on LGBT does not identify the victim and uses a pseudonym for his partner. rights but says more concrete actions are needed. “What we’re 2 See Donald G. McNeil Jr., “Senegal: Where AIDS Efforts Are Often Praised, Prison for Counselors Is a Surprise,” The New York Times, Jan. 20, 2009, p. D6. still looking for is action at the embassy level in countries where 3 The full text is on the State Department’s Web site: www.state.gov/sec egregious things are going on,” he says. retary/rm/2009a/09/129164.htm. The one-paragraph reference drew coverage As one example, Long points to Uganda, where legislation only in LGBT media. See Rex Wockner, “Clinton Says U.S. Will Fight Anti- was introduced in parliament in early October to tighten an Gay Violence Worldwide,” Windy City Times (Chicago), Sept. 23, 2009. 4 “2008 Country Reports on Human Rights Practices,” U.S. State Department, existing prohibition on homosexual conduct by making any ad - Feb. 25, 2009, www. state.gov/g/drl/rls/hrrpt/2008/index.htm. See also “U.S. vocacy of or information about homosexuality a crime. 5 Long Government Documents Trend of Severe Human Rights Abuse Against LGBT notes that Uganda received substantial funding under the Bush People,” Council for Global Equality, February 2009, www.globalequality . org/storage/cfge/documents/dos_human_rights_report_2008_analysis.pdf. administration’s AIDS initiative. “It will be a test of the Obama 5 See “Rights Groups Challenge Uganda’s New Same-Sex Proposal,” Voice of administration to see if it uses its leverage to oppose this bill, America English Service, Oct. 16, 2009.

As an emergent global power, the World War II brought a renewed com - lies Britain and France. Decolonization United States entered World War I with mitment to human rights and democra - proceeded only slowly over the next two an explicit goal to “make the world safe cy from the United States. Before the decades, however. And the postwar for democracy.” President Woodrow Wil - U.S. entry into the war, President Franklin settlement with the Soviet Union, an ally son envisioned a postwar order founded D. Roosevelt in January 1941 identified in the war, left Moscow in effective con - on national self-determination with peace four freedoms — freedom of speech and trol of Eastern Europe. maintained by the League of Nations. expression, freedom of religion, freedom As the war ended, the United States With the United States out after the from want and freedom from fear — as took the lead role in establishing an Senate’s refusal to ratify the Versailles fundamental to people “everywhere in institutional and legal infrastructure in - Treaty, the League was weakened from the world.” Roosevelt’s major wartime tended to preserve the peace while birth. The newly independent nations of partner, British Prime Minister Winston promoting human rights. The charter Central and Eastern Europe mutated into Churchill, vowed in October 1942 that of the newly created United Nations dictatorships in the 1920s and ’30s. And the war would end with “the enthrone - declared the goal of promoting “human an isolationist-minded United States did ment of human rights.” Like Wilson be - rights and fundamental freedoms for nothing during the Spanish Civil War to fore him, Roosevelt envisioned a post - all.” As a member of the U.S. delega - prevent Francisco Franco’s fascists from war order of national self-determination, tion, Eleanor Roosevelt, the late presi - ousting a democratic government. including decolonization by wartime al - dent’s widow, helped create and became

www.cqresearcher.com Oct. 30, 2009 921 HUMAN RIGHTS ISSUES

the first head of the U.N. Commission the communist government in 1956 or human rights to be given greater pri - on Human Rights. And the commis - when Czechoslovakians rose up against ority in comparison to other nation - sion organized the drafting of the their communist rulers in 1968. By then, al interests in the formation of U.S. Universal Declaration of Human the United States was bogged down in foreign policy. Rights, adopted by the U.N. General the Vietnam War, which ended in 1975 The Helsinki Accords — technically, Assembly on Dec. 10, 1948. The with the country unified under com - the Final Act of the Conference on treaty’s 30 articles detail individual munist rule. Security and Co-operation in Europe rights that are to serve “as a common — were signed by the United States, standard of achievement for all peo - Canada, the Soviet Union and all Eu - ples and all nations.” Rights Commitments ropean countries but two (Albania and Hopes for a worldwide flourishing Andorra). They committed all of the of human rights fell victim to the Cold he end of the Vietnam War co - countries to “respect for human rights War. As UCLA’s Kaye points out, the T incided with other developments and fundamental freedoms, including ideological conflict with the Soviet Union that helped give human rights new the freedom of thought, conscience, re - forced the United States to struggle be - prominence both domestically and in - ligion or belief.” In signing the agree - tween devotion to human rights and ternationally. The Soviet Union and ment, the Soviet Union won the West’s pursuit of other geopolitical interests. its Eastern European satellites joined recognition of postwar borders, but with Republican and Democratic presidents with the United States and Western the proviso that they could be changed alike often resolved the conflict by sup - Europe in 1975 in the historic Helsinki by peaceful means. The Soviet Union porting U.S. allies and the West remained despite poor records at odds over how to de - on human rights and fine rights, but the ac - democracy. During cords spawned the cre - the Chinese civil ation of “Helsinki watch” war, U.S. support for monitoring groups that the Nationalist leader helped focus attention on Chiang Kai-shek alleged abuses. r

failed to prevent the e Democrat Carter won d communist takeover a election over Republican B

in 1949, which made m Gerald R. Ford in 1976 e z

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— a major locus of / pardon of former Presi - s e ideological conflict g dent Richard M. Nixon a m with the United States I for the Watergate scan -

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ideological and eco - F mestic and foreign issues A nomic interests led Palestinian youths throw stones at Israeli soldiers near the West Bank alike, Carter promised in the United States town of Hebron on Oct. 12, 2009. The United States has opposed a his campaign to make during this period to U.N. Human Rights Council report that accuses Israel of human rights a center - organize coups that targeting Palestinian civilians in Gaza. piece of U.S. foreign pol - replaced leftist, de - icy. He institutionalized mocratically elected governments with Accords, which committed all signa - that commitment in his first year in of - right-wing U.S. allies in such countries tories to respect for human rights. In fice by creating in the State Department as Iran (1953), Guatemala (1954) and the United States, President Carter’s the Bureau of Human Rights and Hu - Chile (1973). After the French defeat in election and four years in office left manitarian Affairs (now, the Bureau of Vietnam in 1954, the United States di - a lasting legacy of human rights as Human Rights, Democracy and Labor). vided the nation rather than allow an a central theme in U.S. foreign pol - With the 30th anniversary of the Uni - election likely to have been won by icy for future presidents, Republicans versal Declaration of Human Rights in the communist leader Ho Chi Minh. and Democrats alike. Then in the 1978, Carter vowed again to make human The United States did nothing, howev - 1990s the fall of the Soviet Union rights central to U.S. policy as long as er, when Hungarians revolted against and the end of the Cold War allowed he was president. In the next year,

922 CQ Researcher Secretary of State Warren Christopher ing rights and trade with China and that his administration took positive steps told a congressional committee that the moving slowly to confront the human - on some human right fronts uncon - United States had contributed to the itarian crises in the Rwanda conflict and nected with the post-9/11 events. atmosphere that enabled civilian in the wars in the former Yugoslavia. Bush adopted an aggressive legal strat - regimes to replace military rulers in UCLA professor Kaye notes, however, egy after the Sept. 11, 2001, attacks on several countries and release political that Democrat Clinton had to contend the United States to apprehend, detain prisoners in some others. with a Republican-controlled House for and interrogate suspected al Qaeda mem - With the election of the conserva - six of his eight years in office and a bers and sympathizers. Most notably, he tive Republican Ronald Reagan in GOP-controlled Senate for four. claimed that the Geneva Conventions 1980, rights issues became a sharp The 1990s saw great progress, how - did not apply to the “enemy combat - partisan divide in the United States. ever, in the institutionalization of rights ants” rounded up in Afghanistan and Democrats criticized Reagan for a re - machinery at the United Nations, be - elsewhere and that they could be held newed hard line in relations with the ginning in 1993 with the creation of at the Guantánamo Bay Naval Base in Soviet Union and for support of the position of High Commissioner for Cuba outside jurisdiction of federal courts. right- wing, rights-abusing regimes in Human Rights. Despite continuing con - Both claims stirred strong opposition from El Salvador and Guatemala and right- troversy for its alleged anti-Israel bias, European allies and from human rights wing rebels in Nicaragua. Under Rea - the Commission on Human Rights be - groups within and outside the United gan, however, U.S. aid to democratic came an invaluable source of informa - States. Both claims were also rejected by movements abroad was institutional - tion by increase the use of so-called the Supreme Court, which held in a se - ized with the establishment of the Na - special rapporteurs to investigate and ries of cases that the Guantánamo de - tional Endowment for Democracy as report on conditions in individual coun - tainees were protected by the Geneva a publicly funded, privately operated tries and in broad areas such as arbi - Conventions’ so-called Common Article 3 entity. And by his second term Rea - trary detention, child prostitution and and that they could use federal habeas gan was being credited with a turn - violence against women. The U.N. Se - corpus petitions to challenge the legality around on human rights exemplified curity Council also approved the cre - of their imprisonment. by the U.S. backing of the successful ation of war crimes tribunals for the Bush mixed national security ob - ouster of two authoritarian U.S. allies: Balkan and Rwandan conflicts, even as jectives with human rights goals in the Ferdinand Marcos in the Philippines a U.N.-sponsored conference was draft - wars both in Afghanistan and in Iraq. and Jean-Claude Duvalier in Haiti. ing a treaty to create a permanent In - Admirers see human rights gains. “There The dissolution of the Soviet Union ternational Criminal Court (ICC). Con - are free elections in Iraq,” says Johns and the ouster of communist regimes cerned with possible prosecution of Hopkins professor Mandelbaum. throughout Eastern Europe came with U.S. service members, however, the Unit - “Women go to school in Afghanistan.” stunning suddenness during the pres - ed States was one of seven countries In its most recent annual report is - idency of George H. W. Bush. Rea - to vote against approval of the treaty sued in February 2009, however, gan’s admirers credit the downfall to in the U.N. General Assembly in 1998. Human Rights Watch is sharply criti - his hard-line stance, but they and less- cal of rights conditions in each. In partisan observers also say the com - Iraq, the government — described as munist regimes failed because of the Rights Dichotomies resting on a narrow ethnic and sec - failure of communism itself. Whatev - tarian base — is blamed for wide - er the causes, the events opened the resident Bush’s record on human spread torture and abuse of detainees. door to opportunities for democrati - P rights was sharply disputed during The report says girls and women are zation and liberalization. Two decades his eight years in the White House and subject to gender-based violence; gays later, Russia remains under critical scruti - remains sharply disputed today. Bush’s and lesbians are also subject to vio - ny on rights issues, but many of the admirers say the wars in Afghanistan lence “by state and non-state actors.” Eastern European countries are cred - and Iraq brought human rights im - In Afghanistan, the government — de - ited with successful transitions to de - provements in both countries; critics say scribed as weak and riddled with cor - mocratic, rights-respecting governments. rights conditions in both countries con - ruption — is faulted for taking no ac - Despite the easing of East-West ten - tinue to be unsatisfactory. The oppos - tion on a justice-and-reconciliation plan sions and a professed commitment to ing camps similarly disagree on the de - adopted in 2006. Education for girls human rights, President Clinton was seen tention and interrogation policies that continues to lag, the report says, be - by rights advocates as falling short in Bush adopted in his “war on terror.” cause of violence in some regions and some actions — for example, in delink - Even Bush’s critics concede, however, social pressures elsewhere.

www.cqresearcher.com Oct. 30, 2009 923 HUMAN RIGHTS ISSUES

While criticizing Bush for taking “back - the Democratic National Convention on international human rights issues, but ward” steps on the war on terror, UCLA’s Aug. 27, 2008, he promised to “restore it continues to draw mixed reactions Kaye says his presidency should not be our moral standing.” He also vowed to from human rights groups and experts. viewed “as purely a dark period” on “build new partnerships to defeat the In the weeks since Obama’s ad - human rights issues. As one example, threats of the 21st century: terrorism dress to the U.N. General Assembly, he notes the administration’s decision in and nuclear proliferation, poverty and the administration has unveiled a new 2004 to accuse the Sudanese govern - genocide, climate change and disease.” strategy aimed at easing the humani - ment of genocide in the rebellious As president, Obama moved quick - tarian crisis in the Sudanese province province of Darfur. The administration ly to redeem one of his promises by of Darfur and implementing the 2005 also contributed to an international peace - reversing some of Bush’s anti-terror peace accord between the country’s keeping force and opposed a suspen - policies in his first week in office. He predominantly Arab North and Chris - sion of the ICC warrant against Sudan’s scrapped legal opinions that had tian and animist South. The adminis - president, Omar Hassan al-Bashir, for questioned the applicability of the tration has also strongly protested the allegedly overseeing genocide in Dar - Geneva Conventions to suspected ter - Sept. 28 massacre and mass rapes of fur. Kaye also praises Bush for expanding rorists, shuttered the Central Intelli - political protesters in the West African U.S. programs to combat HIV/AIDS gence Agency’s secret prisons and set nation of Guinea, called for investiga - abroad. Bush won congressional ap - a one-year deadline for closing the tion of possible abuses during Sri proval for a $15 billion anti-AIDS ini - Guantánamo prison camp. Lanka’s now-ended civil war and tiative in 2003; as it was set to expire In a series of foreign policy address - protested the arrest of a prominent in 2008 he signed a five-year, $48 bil - es from June through September, Obama human rights lawyer in Syria. lion expansion. Kaye also gives Bush also sought to reengage with the inter - UCLA professor Kaye applauds the credit for tackling other global issues, national community on a wide range of new Sudan policy for use of “bench - such as human trafficking. issues, including democracy and human marks” to judge the government’s com - The Bush administration had less in - rights. In his June 4 speech in Cairo, pliance with the requested actions, but terest, however, in international human Obama pointedly underlined for the Mus - he adds, “The jury’s still out.” He says rights treaties. Most notably, the ad - lim world the importance of religious the statements on Guinea, Sri Lanka ministration strongly opposed ratifica - tolerance and women’s rights. In Ghana and Syria are “important signals” of the tion of the treaty creating the ICC. Clin - on July 11, he faulted post-colonial Africa administration’s human rights policy, but ton had signed the treaty in 2000 but for too much corruption and too little more action is needed. “One should deferred asking the Senate to ratify it good governance. A few days earlier in hope that the statements of opposition until after the court was in operation. Moscow, however, Obama steered clear and outrage are followed up by diplo - Once the court began operations in of any direct criticism of Russia’s re - matic moves,” he says. 2002, however, Bush said he would not strictions on political freedoms. And his Johns Hopkins fellow Muravchik ask for ratification unless U.S. service Sept. 23 speech to the U.N. General As - questions what he calls “the softer line” members were exempted from possi - sembly included only a single paragraph toward the Sudan government. Like ble prosecutions. Kaye notes that Bush on democracy — but with the signifi - Kaye, he views the U.S. stances on also did not push for U.S. action on cant admission that the United States Guinea, Sri Lanka and Syria as unex - other international human rights “has too often been selective in its pro - ceptional. The United States has “noth - covenants, including the Convention on motion of democracy.” ing at stake in Guinea or Sri Lanka,” the Rights of the Child and the Con - Muravchik says, “and issuing a protest vention on the Elimination of All Forms about the arrest of a human rights lawyer of Discrimination Against Women. In its is a fairly routine and mild thing to do.” report, Human Rights Watch also cites CURRENT The Sudan policy, announced by the U.S. opposition to the U.N. Human Clinton on Oct. 19, represents a con - Rights Council as an example of the scious effort to find a balance between Bush administration’s “arrogant approach SITUATION a hard-line approach emphasizing puni - to multilateral institutions.” tive sanctions and a refusal to deal During his campaign, Obama strong - with Sudanese President Bashir and a ly criticized the Bush administration’s Rights Policies in Flux more conciliatory stance combining anti-terrorism policies as having low - positive incentives and engagement ered respect for the United States around he Obama administration shows with Bashir’s government. 14 the world. In his acceptance speech at T signs of becoming more active on Continued on p. 926

924 CQ Researcher At Issue: Does President Obama deserve the Nobel Peace Prize for 2009?

yes ERICK ERICKSON BEN COHEN EDITOR -IN -C HIEF , RED STATE .C OM EDITOR , THE DAILY BANTER .COM WRITTEN FOR CQ RESEARCHER , OCT. 26, 2009 WRITTEN FOR CQ RESEARCHER , OCT. 25, 2009

lthough Obama has governed as a centrist, one can’t n July 2006, speaking to schoolchildren, Betty Williams, help but think that he is turning a very heavy ship the Nobel Peace Prize winner from Northern Ireland, ever so slowly leftwards, and that deep down, his a said she would “love to kill George W. Bush.” This year’s heart lies far further to the left than he would like to let on. i recipient, Barack Obama, has yet to encounter a problem for There is little doubt that Obama would, if he could, enact the which blaming Bush is not a solution. He fits the Nobel Peace extension of equal rights to gays, end the war in Iraq and Prize mold, which by and large is determined by a committee Afghanistan, reconcile the Israelis and Palestinians and seriously that runs an affirmative-action program giving preference to reform the financial system. those people who view world peace as an absence of Ameri - The truth is, however, that a country taken over by special can influence — extra points to Americans who hate the interests cannot be turned around quickly. American ideal. It is true that Obama has largely failed to deliver on all the Like Al Gore and Jimmy Carter before him, Barack above. But then again, he has only been in power for 11 Obama has done nothing to further peace in our time but months. And there has been progress — the engagement with has repudiated strong American leadership. The Nobel com - the Middle East, multilateralism as the first option rather than mittee, possessed by the spirit of former British Prime Min - the last, substantially increased unemployment benefits, cheaper yes ister Neville Chnamberlain, has doescended to farcically student loans, a commitment (on paper at least) to reducing awarding prizes for prospective peace that will never come carbon dioxide emissions and a rebranding of America abroad. and global warming fixes that will never work, but will Does this warrant a Nobel Peace Prize? Yes, and here’s why. make Al Gore a very rich man. The United States became a feared and despised state The Peace Prize long ago ceased to have any relevance to under the rule of the George W. Bush administration. The anyone outside the left. Awarding the prize to Yasser Arafat, brazen disregard for global opinion, the trampling of interna - who had the blood of thousands on his hands, was akin to tional law and the overt environmental destruction were hall - awarding a safe-driving certificate to Ted Kennedy. The only marks of a presidency determined to project American power thing the prize now stands for is approval from the anti- at all costs. With one election, the world forgave — and al - American European left. We should hope the president of the most forgot — the tragic Bush years as a young, black presi - United States would pause to consider that, but as he did not, dent who spoke of hope rather than hatred, and cooperation we can be sure he agrees. rather than force, swept into power. In fact, in Barack Obama’s short tenure as president he has This monumental shift cannot and must not be underestimated. done his best to apologize for perceived American abuses of Obama’s Peace Prize was not necessarily given to him for power and arrogance, backpedaled on key issues of national what he has accomplished. It was given to him for what he can security and flirted with some of the most kleptocratic, tyran - accomplish. As South African Archbishop Desmond Tutu put it: nical regimes in modern history. Siding with tyrants over the “It is an award that speaks to the promise of President democracy-loving people of Honduras, giving lip service to Obama’s message of hope.” freedom as Iranians were gunned down in the streets of Hope will not fix the environment, stop the wars in Tehran and coddling up to our Chinese bankers have ingrati - Afghanistan and Iraq or prevent bankers from stealing all of ated the man with those who have always been offended by our money. the last 10 words of “The Star Spangled Banner.” If that merits Obama can certainly do better, much better than he is a peace prize, most Americans would probably prefer war. doing now. But it is too early to cast judgment, and he de - The prospective peace the Nobel committee hopes for serves time to make the changes he promised. will not come. It is as illusory as the pot of gold at the Obama has won the most prestigious prize for contribu - end of the rainbow. Barack Obama’s vanity will, however, tions to humanity in the world. compel him to pursue it. We can be sure his peace will be Nowno he must earn it. America’s loss.

www.cqresearcher.com Oct. 30, 2009 925 HUMAN RIGHTS ISSUES

Continued from p. 924 now-ended insurgency by a militant doubt because of continued opposition The six-year-long crisis in Darfur — Tamil group seeking to create a sepa - from social conservatives and others. part of the turmoil in Africa’s largest rate homeland on the South Asian is - The United States is all but alone in country spanning more than two decades land nation. The report, requested by failing to join the two treaties: the Con - — has defied peacekeeping and medi - Congress, described as credible allega - vention on the Elimination of All Dis - ation efforts by the international com - tions that the government had targeted crimination Against Women and the munity. Government-aided militias are civilians and that the Tamil United Lib - Convention on the Rights of the Child. blamed for killing at least 350,000 peo - eration Front had recruited children for Besides the United States, only six other ple; more than 2.4 million people have the fighting. The report called for a full countries have failed to ratify the treaty been displaced, most of them living in investigation by the government. “A on sex discrimination: Iran, Nauru, Palau, refugee camps that depend on interna - very important part of any reconcilia - Somalia, Sudan and Tonga. Somalia is tional humanitarian groups for food and tion process is accountability,” State De - the only other country not to have ap - other supplies. In his campaign, Obama partment spokesman Ian Kelly said. 17 proved the children’s rights charter. 19 had called for strong sanctions against On Syria, the administration joined The United States signed both treaties Bashir’s government. Britain, France and international during Democratic administrations, but Darfur advocacy groups are voic - human rights groups in calling for Republican opposition in Congress — ing guarded optimism about the new the release of the prominent lawyer fueled by opposition from social con - approach. Jerry Fowler, president of and former judge Haitham Maleh, servatives — has prevented the Sen - the Washington-based Save Darfur who has been jailed since his Oct. 14 ate ratification needed to give the Coalition, said the policy was similar arrest. Maleh, 78, has opposed Syria’s treaties force of law. Now, the Obama to the “balance of incentives and pres - Baathist government and called for administration says it wants both treaties sures” that the group had been call - lifting the state of emergency it im - ratified, but it has not set a timetable ing for. But he said the policy would posed after taking power in 1963. for moving on either one. not succeed without “substantial pres - The arrest is “the latest Syrian action Social conservatives say both treaties idential leadership.” in a two-year crackdown on lawyers pose threats to traditional family roles From a critical perspective, howev - and civil society activists,” the State in the United States and to states’ pre - er, Bret Stephens, a Wall Street Journal Department said. 18 rogatives on social issues. Some crit - columnist, mocked the administration’s The flurry of new statements ics also question the treaties’ practi - “menu of incentives and disincentives” “doesn’t change the picture much,” cal effect since the signatories include in the policy. “It’s the kind of menu says Muravchik. “It’s always true that any number of countries with poor Mr. Bashir will languidly pick his way any U.S. administration will be on the human rights records. But human rights through till he dies comfortably in his side of human rights if there is no groups and other social welfare ad - bed,” Stephens wrote. 15 cost to it in the coin of other U.S. vocates say U.S. support for the treaties On Guinea, Clinton registered a foreign policy goals,” he explains. “The is important both symbolically and in strong protest over the killing of more problem that every administration faces practice. But they reject warnings that than 150 demonstrators in the capital is that insofar as we use some of our the treaties would impinge on private of Conakry opposing the military gov - political influence and capital to press family arrangements. ernment of Capt. Moussa “Dadis” Ca - for human rights, we necessarily cre - The treaty on women’s rights — mara. There were also reports of ate frictions with governments that sometimes known by the acronym dozens of rapes — including mass rapes abuse human rights that make it hard - CEDAW — was completed in 1979 and and sexual mutilation of the victims — er for us to do other kinds of busi - signed by the United States the next by government soldiers. Clinton on ness with them.” year while Carter was president. The Oct. 7 denounced the brutality and vi - Senate Foreign Relations Committee held olence as “criminality of the greatest hearings on the treaty in 1988, 1990, degree” and called on Camara to step 1994 and 2002. down. She also dispatched William Rights Treaties in Limbo President Clinton submitted the Fitzgerald, deputy assistant secretary of treaty for ratification in 1994 with state for African affairs, to Guinea to he Obama administration is sig - reservations on some issues including deliver the protest. 16 T naling support for ratifying two paid maternity leave and combat as - The State Department’s report on Sri long-pending United Nations-sponsored signments for women. In the face of Lanka, issued on Oct. 22, detailed al - treaties on women’s rights and chil - GOP opposition, Clinton never leged atrocities by both sides in the dren’s rights, but Senate action is in pressed for a Senate floor vote. Under

926 CQ Researcher Democratic control, the Foreign Rela - nowski says political considerations “Elevating human rights . . . is not tions Committee again recommended still shape the ratification strategies. going to serve U.S. interests at this ratification in 2002, but the Bush ad - “They’re rightly starting with the ones point,” says Elizabeth Economy, direc - ministration opposed the treaty, and on which there’s the most consen - tor of Asia studies for the Council on no floor vote was held. sus,” he says. Johns Hopkins fellow Foreign Relations, a New York-based In her confirmation hearing, U.N. Muravchik questions the value of the think tank. Ambassador Rice said the administra - charters. “I wouldn’t say they are empty The administration’s critics, particu - tion considered the women’s rights exercises, but their importance is quite larly partisan conservatives, accuse treaty “a priority.” The treaty was in - secondary,” he says. Obama of an across-the-board down - cluded in May on a list of those rec - On a more contentious issue, Human grading of human rights. Administra - ommended for action, but no action Rights Watch is urging the adminis - tion officials, however, depict the pres - has been taken. Conservative groups tration to move away from Bush’s strong ident as fully committed to promoting continue to denounce the treaty. “It’s opposition to the ICC and instead “de - human rights abroad. the Equal Rights Amendment on velop a constructive relationship” with “The president’s policy on these is - steroids,” says Wendy Wright, head of the tribunal. Without joining the court, sues is clear,” State Department legal Concerned Women for America. Among the group says the United States can adviser Koh told reporters at a Sept. 29 other provisions, opponents complain lend assistance to investigations and briefing in Geneva during a U.N. Human of one that calls for nations to work prosecutions. It also wants the ad - Rights Council session. “He promotes to eliminate “stereotyped roles for men ministration to oppose provisions human rights through engagement. He and women.” 20 passed by Congress in 2002 that, among promotes human rights through diplo - The Reagan and George H. W. other things, prohibited U.S. partici - macy. He promotes human rights through Bush administrations played a part pation in peacekeeping missions un - efforts to find common ground. And in negotiating the children’s rights less U.S. service members were grant - he’s prepared to do this in both bilat - pact but never signed it because of ed immunity from possible war crime eral and multilateral settings.” concern about its impact on U.S. prosecutions before the tribunal. So Some experts see logic in the ad - law. The Clinton administration far, the administration has backed the ministration’s apparent preference for signed the treaty in 1995, but did ICC’s prosecution of Sudan’s President engagement over confrontation but not seek Senate ratification. The Bashir but has not outlined a gener - still warn about the risks of a per - George W. Bush administration ac - al policy toward the court. ceived weakening of U.S. opposition tively opposed the treaty. to abusive practices. Obama “believes Obama voiced concern during his that solving foreign policy problems campaign about the U.S. failure, along requires engaging with America’s ad - with Somalia, to approve the treaty. OUTLOOK versaries and ending the lecturing (and In a classroom session with school - hectoring) tone of his predecessor,” children in New York City in June, writes James Goldgeier, a senior fel - Rice said officials are actively discussing low with the Council on Foreign Re - “when and how it might be possible Waiting for Results lations and a professor of political sci - to join.” Again, no concrete action has ence and international affairs at been taken. George Washington University. Conservative groups strongly op - hen President Obama arrives in The strategy “might seem to make pose the pact. Stephen Groves, a fel - W Beijing in mid-November, he sense,” Goldgeier continues. “Unfortu - low at the Heritage Foundation, a will be seeking to enlist China’s help nately, it sends a signal to repressive conservative think tank in Washing - in dealing with some of the United regimes that no one is going to call ton, says the treaty would give a U.N. States’ most pressing issues, including them to account for their human rights body “a say over how children in nuclear proliferation, climate change violations. And those fighting for free - American should be raised, educated and the global economic slowdown. dom in their home countries may soon or disciplined.” 21 Despite a newly published report by worry that the United States is no The Obama administration’s re - the joint Congressional-Executive Com - longer their champion.” 22 ceptiveness to multilateral rights ac - mission criticizing China for increased Johns Hopkins professor Mandel - cords is viewed as a positive by human repression in some areas, however, U.S. baum is less convinced that the ad - rights groups, but Human Rights experts expect human rights to be low ministration has merely shifted tactics Watch’s Washington director Mali - on the agenda for Obama’s visit. on human rights issues without re -

www.cqresearcher.com Oct. 30, 2009 927 HUMAN RIGHTS ISSUES

ducing their priority as a foreign pol - governmental organizations (NGOs) for ited, the likely impact of Clinton’s Africa icy goal. “No administration wants to programs to aid Tibetans. 23 tour or Moscow speech is easily say that it is downgrading human rights, In other sections, the report simi - doubted. Human rights groups, how - so of course that’s what they would larly urges a mix of government-to- ever, believe the United States has made say,” Mandelbaum remarks. “Maybe government pressure along with con - a difference in the past. Now, they are they’ll turn out to be correct.” crete steps by the U.S. government waiting with some impatience and skep - Some of the administration’s tac - and NGOs. The commission, created ticism to see whether the Obama ad - tical choices are evidently open to in 2000, includes nine senators, nine ministration will devote enough time, debate, such as the decision to defer House members and five executive attention and resources to make a dif - Obama’s meeting with the Dalai branch appointees. The Obama ad - ference again. Lama until after the China trip. Econ - ministration’s seats on the commission “I keep hearing from the adminis - omy calls it a mistake. “The Dalai are vacant; the administration has tration an interest in focusing on re - Lama is a global leader,” she says. been slow in filling many executive sults,” says Human Rights First Exec - “Deciding to meet with him is un - branch slots. utive Director Massamino. “That’s how related to the China issue.” With a full plate of major interna - I think they ought to be judged.” But Douglas Paal, a China expert tional crises and a challenging domestic at the Carnegie Endowment for In - agenda, the Obama administration is ternational Peace who was on the understandably hard-pressed to find National Security Council staff under time and resources to devote to Notes Presidents Reagan and George H. W. human rights issues that — as in Bush, calls the decision “a reason - Sudan — present difficult and com - 1 Quoted in “Dalai Lama Shrugs Off Appar - able choice.” “Tibet is at the head of plex policy choices. Clinton, however, ent Snub by Obama,” Reuters, Oct. 8, 2009. China’s core interests,” he says. “Tak - took time in August for a weeklong For earlier coverage, see John Pomfret, ing note of that, the administration trip to Africa that included meetings “Obama’s Meeting With the Dalai Lama Is doesn’t want to have a debate about with rape victims and visiting a Delayed,” The Washington Post , Oct. 5, 2009, p. A1. The story notes that since 1991 three meeting with the Dalai Lama.” refugee camp in the war-torn Demo - 24 U.S. presidents — George H. W. Bush, Bill In a detailed report published on cratic Republic of the Congo. And Clinton, and George W. Bush — have had Oct. 16, the Congressional-Executive in a visit to Russia in October, the sec - a total of 10 meetings with the Dalai Lama Commission on China finds increased retary of state used a speech to uni - at the White House; all were private photo repression in Tibet and the predomi - versity students to urge Moscow to opportunities except the Congressional Medal nantly Uighur Xinjiang province along open the political system. As The New of Freedom ceremony in 2007. For back - with increased harassment of human York Times ’ reporter noted, “Mrs. ground on China and Tibet, see Thomas J. rights lawyers and advocates through - Clinton spoke far more forcefully Billitteri, “Human Rights in China,” CQ Re - out the country. On Tibet, the report about human rights and the rule of searcher , July 25, 2008, pp. 601-624; Brian recommends that the United States urge law than she did on a trip to China Beary, “Separatist Movements,” CQ Global Re - China to open a dialogue with the earlier this year.” 25 searcher , April 2008, pp. 85-114. 2 The official press release is at http://nobel Dalai Lama. It also calls on the gov - With U.S. influence on other na - prize.org/nobel_prizes/peace/laureates/2009/ ernment to increase aid to non - tions’ internal policies necessarily lim - press.html . 3 For previous coverage, see Peter Katel, “Ex - porting Democracy,” CQ Researcher , April 1, About the Author 2005, pp. 269-292; and in Editorial Research Reports : Kenneth Jost, “Human Rights,” Nov. 13, Associate Editor Kenneth Jost graduated from Harvard 1998, pp. 977-1000; Mary H. Cooper, “Human College and Georgetown University Law Center. He is the Rights in the 1980s,” July 19, 1985, pp. 537-556; author of the Supreme Court Yearbook and editor of The and Richard C. Schroeder, “Human Rights Supreme Court from A to Z (both CQ Press ). He was a mem - Policy,” May 18, 1979, pp. 361-380. ber of the CQ Researcher team that won the American Bar 4 See Arch Puddington, “Freedom in the World Association’s 2002 Silver Gavel Award. His previous reports 2009: Setbacks and Resilience,” Freedom House, include “Closing Guantánamo” and “The Obama Presidency” July 2009, www.freedomhouse.org/template. (with CQ Researcher staff). He is also author of the blog cfm?page=130&year=2009 . Puddington is Free - Jost on Justice (http://jostonjusticeblogspot.com). dom House’s director of research. 5 Clinton is quoted in “Clinton: human rights

928 CQ Researcher can’t interfere with other crises,” CNN, Feb. 22, 2009; Amnesty International’s statement can be found at www.amnestyusa.org/document.php? FOR MORE INFORMATION id=ENGUSA20090220001&rss=iar# . For cover - age, see Mark Landler, “Clinton Paints China Council on Foreign Relations , 58 East 68th St., New York, NY 10065; (212) 434-9400; www.cfr.org. Nonprofit organization that operates a think tank, sponsors Policy With a Green Hue,” The New York Times , task forces, and publishes Foreign Affairs , a leading journal of global politics. Feb. 22, 2009, p. A8. 6 Jamie Glazov, “Obama’s Human Rights Dis - Council for Global Equality , 1220 L St., N.W., Suite 100-450, Washington, DC aster,” FrontPageMagazine.com , Aug. 25, 2009, 20005-4018; (202) 719-0511; www.globalequality.org. Brings together international http://frontpagemag.com/readArticle.aspx?ART human rights activists, foreign policy experts, LGBT leaders, philanthropists and ID=36042 . corporate officials to encourage a strong American voice on human rights con - 7 The text of the president’s address in Cairo cerns impacting LGBT communities worldwide. can be found on the White House Web site: www.whitehouse.gov/the_press_office/Remarks- Freedom House , 1301 Connecticut Ave., N.W., 6th Floor, Washington, DC 20036; by-the-President-at-Cairo-University-6-04-09 /. For (202) 296-5101; www.freedomhouse.org. Works to advance the worldwide expan - analysis, see Peter Baker, “Following a Differ - sion of political and economic freedom through international programs and publi - ent Map to a Similar Destination,” The New cations, including annual country reports. York Times , June 9, 2009, p. A10. The text of Obama’s and Mubarak’s Aug. 18 remarks to Heritage Foundation , 214 Massachusetts Ave., N.E., Washington, DC 20002; reporters is on the White House Web site: (202) 546-4400; www.heritage.org. Public policy research institute promoting con - www.whitehouse.gov/the_press_office/Remarks- servative positions on free enterprise, limited government and a strong national defense. by-President-Obama-and-President-Mubarak-of- Egypt-during-press-availability /. Human Rights First , 333 Seventh Ave., 13th Floor, New York, NY 10001-5108; 8 “Making Its Mark: An Analysis of the Obama (212) 845-5200; www.humanrightsfirst.org. Nonprofit international human rights or - Administration FY2010 Budget for Democracy ganization promoting laws and policies that advance universal rights and freedoms. and Human Rights,” Freedom House, July 2009, www.freedomhouse.org/uploads/FY2010Budget Human Rights Watch , 350 Fifth Ave., 34th floor, New York, NY 10118-3299; Analysis.pdf . For figures on Egypt, see Sudarsan (212)-290-4700; www.hrw.org. Leading independent organization dedicated to de - Raghavan, “Egyptian Reform Activists Say U.S. fending human rights around the world through objective investigations of abuses Commitment Is Waning,” The Washington Post , and strategic, targeted advocacy. Oct. 9, 2009, p. A14. 9 Quoted in ibid. 10 The text of the resolution can be found 14 For the State Department’s background of the Child: Background and Policy Issues,” on the U.N. Council on Human Rights’ Web paper, see www.state.gov/r/pa/prs/ps/2009/oct/ Aug. 5, 2009, http://assets.opencrs.com/rpts/R40 site: www2. ohchr.org/english/bodies/hrcouncil/ 130676.htm . For background, see Karen Foer - 484_20090805.pdf . 20 12session/docs/A_HRC_RES_12_16_AEV.pdf . stel, “Crisis in Darfur,” CQ Global Researcher , Wright quoted in David Crary, “Discord For coverage of the council’s action, see Frank September 2008, pp. 243-270. likely over ratifying women’s rights pact,” The Jordans, “UN rights body approves US-Egypt 15 Bret Stephens, “Does Obama Believe in Associated Press, March 7, 2009. 21 free speech text,” The Associated Press, Oct. 2, Human Rights?” The Wall Street Journal , Quoted in Robert Kiener, “Rescuing Children,” 2009. For background, see Warren Hoge, “As Oct. 20, 32009, p. A19. CQ Global Researcher , October 2009, p. 265. 22 U.S. Dissents, U.N. Approves a New Council on 16 “Clinton: Violence in Guinea ‘Criminal,’ ” See “Critics say Obama is punting on human Rights Abuse,” The New York Times , March 16, The Associated Press, Oct. 7, 2009. rights. Agree or disagree,” The Arena , www. 2006, p. A3. 17 “Report to Congress on Incidents During politico.com/arena/archive/obama-human- 11 See Neil MacFarquhar, “U.S. Joins Rights the Recent Conflict in Sri Lanka,” U.S. De - rights.html . The online forum hosted by Panel After Vote in the U.N.,” The New York partment of State, Oct. 22, 2009, www.state. Politico included comments from eight other Times , May 13, 2009, p. A5. The other coun - gov/documents/organization/131025.pdf . For experts and political activists. 23 tries elected to the council were Bangladesh, coverage, see “U.S. Details Possible Sri Lanka “Congressional-Executive Commission on Djibouti, Jordan, Kyrgyzstan, Mauritius, Mexico, Civil War Abuses,” Reuters, Oct. 7, 2009. China,” Annual Report 2009, Oct. 10, 2009, Nigeria, Senegal and Uruguay. 18 “U.S. Says Syria Should Release 78-Year- www.cecc.gov/pages/annualRpt/annualRpt09/ 12 Background drawn from previous CQ Old Dissident,” Reuters, Oct. 24, 2009. CECCannRpt2009.pdf . 24 Researcher reports, footnote 3. See also 19 Background drawn from two Congres - See Jeffrey Gettleman, “A Flash of Pique After Robert L. Maddex (ed.), International Ency - sional Research Service reports, both by Luisa a Long Week in a Continent Full of Troubles,” clopedia of Human Rights: Freedoms, Abuses, Blanchfield: “The United Nations Convention The New York Times , Aug. 13, 2009, p. A8. 25 and Remedies (2000). on the Elimination of All Forms of Discrim - Mark Landler, “In Russia, Clinton Urges 13 Adams quoted in Joshua Muravchik, Ex - ination Against Women,” Aug. 7, 2009, http:// Russia to Open Its Political System,” The New porting Democracy: Fulfilling America’s Destiny assets.opencrs. com/rpts/R40750_20090807.pdf ; York Times , Oct. 15, 2009, p. A6. (1991), p. 19. “The United Nations Convention on the Rights

www.cqresearcher.com Oct. 30, 2009 929 Bibliography Selected Sources

Books Risen , Clay , “Does Human Rights Talk Matter?” The New Republic , Feb. 24, 2009 , www.tnr.com/blog/the-plank/ Muravchik , Joshua , Exporting Democracy: Fulfilling does-human-rights-talk-matter . America’s Destiny , AEI (American Enterprise Institute) The article argues that Secretary of State Hillary Rodham Press , 1991 . Clinton gave a green light to rights abusers throughout the With the Cold War ending, a leading neoconservative au - world with her statement that China’s human rights viola - thor laid out the case for an active U.S. role in promoting tions would not interfere with U.S.-China relations. Risen is democracy in other countries. Includes notes. a free-lance writer and managing editor of Democracy: A Journal of Ideas. Traub , James , The Freedom Agenda: Why America Must Spread Democracy (Just Not the Way George Bush Did) , Reports and Studies Farrar Straus and Giroux , 2008 . As George W. Bush’s presidency was ending, journalist “Annual Report 2009,” Congressional-Executive Commis - Traub argued that aid to civil-society organizations focused sion on China , Oct. 10, 2009 , www.cecc.gov/pages/annual on political liberalization, economic modernization and so - Rpt/annualRpt09/CECCannRpt2009.pdf . cial welfare is the best way for the United States to promote A commission established to monitor human rights and the democracy abroad. Includes six-page note on sources. rule of law in China finds that the country’s continued use of repression undermines its stated international commitments Articles to create a more open society. The 468-page report calls on the U.S. government to monitor Chinese progress in turning Bolton , John , “Israel, the U.S., and the Goldstone Report,” the principles outlined in the National Human Rights Action The Wall Street Journal , Oct. 19, 2009 , p. A19 . Plan of 2009 into tangible results. The former U.S. ambassador to the United Nations argues that the U.N. Human Rights Council’s approval of the report by “2008 Country Reports on Human Rights Practices,” South African jurist Richard Goldstone critical of Israel’s conduct U.S. Department of State , Feb. 25, 2009 , www.state.gov/g/ during the Gaza war shows that the Obama administration made drl/rls/hrrpt/2008/index.htm . a mistake in joining the body and should now withdraw. The State Department’s congressionally mandated country reports on human rights practices points to three overarch - Carothers , Thomas , “The Democracy Crusade Myth,” The ing trends during 2008: “a growing worldwide demand for National Interest online , July 1, 2007 , www.national greater personal and political freedom; governmental efforts interest.org/PrinterFriendly.aspx?id=14826 . to push back on those freedoms, and further confirmation A leading democratization expert at the Carnegie Endowment that human rights flourish best in participatory democracies for International Peace says that despite pro-democracy rhetoric, with vibrant civil societies.” the Bush administration actually gave traditional security and economic interests priority over promoting democracy abroad. “Freedom in the World 2009,” Freedom House , July 2009 , www.freedomhouse.org/template.cfm?page=363&year=2009 . Krauthammer , Charles , “Three Cheers for the Bush Doc - The organization’s annual survey, covering 193 countries and trine,” Time , March 14, 2005 , p. 28 . 16 territories, finds a third consecutive yearly decline in glob - The conservative columnist argues that President Bush’s al freedom. In an overview, the group’s research director says plan for democratization has sparked free elections in nu - the United States and other democracies face “serious chal - merous countries. lenges” in confronting “a forceful reaction” by authoritarian gov - ernments against democratic reformers and outside assistance Kristof , Nicholas D. , “What to Do About Darfur,” The for democratization. New York Review of Books , July 2, 2009 , www.ny - books.com/articles/22771 . “World Report 2009,” Human Rights Watch , www.hrw. The New York Times foreign affairs columnist, in reviewing sev - ort/world-report-2009 . eral books on the crisis in Sudan’s Darfur province, calls the The group’s 19th annual review, covering human rights prac - Obama administration’s approach to the crisis inadequate but tices in more than 90 countries, opens with an essay by Ex - only a start. The article was written before the administration’s ecutive Director Kenneth Roth arguing that intergovernmental announcement in October of a new “carrots and sticks” policy discussions of human rights have recently been dominated by toward Sudan aimed at easing the Darfur crisis and fully im - “human rights spoilers” — countries and leaders opposed to plementing the 2006 accord that ended the Sudanese civil war. enforcement of human rights.

930 CQ Researcher The Next Step: Additional Articles from Current Periodicals

Gays lack of accountability for war crimes in the region has reached a crisis point. Londo , Ernesto , “Gay Men Targeted in Iraq, Report Says,” The Washington Post , Aug. 17, 2009 , p. A6 . Sanders , Edmund , “Fact-Finding Mission in Gaza Faces The Iraqi government must do more to protect gay men Skeptics,” Los Angeles Times , June 29, 2009 , p. A14 . who are being targeted by militias, says Human Rights Watch. A United Nations panel investigating war crimes in Gaza has been labeled as biased by Israelis, while Palestinians be - Riley , Michael , “Polis Takes Iraq to Task Over Attacks lieve any inquiries won’t amount to much. on Gays,” Denver Post , April 9, 2009 , p. A1 . Rep. Jared Polis, D-Colo., is an openly gay member of Con - U.N. Human Rights Council gress who toured Iraq to investigate the treatment of gays. Guest , Iain , “Obama’s Moment on Human Rights,” The Sly , Liz , “Gays Being Targeted and Killed in Iraq, Groups Christian Science Monitor , Dec. 10, 2008 , p. 9 . Say,” Los Angeles Times , Aug. 18, 2009 , p. A19 . U.S. membership in the Human Rights Council would give A London-based group supporting gays in Iraq says 87 killings hope to moderate governments yearning for a stronger U.N. have occurred so far in 2009 related to anti-gay sentiments. human rights program.

Global Crises Higgins , Alexander G. , “U.N. Chief Urges U.S. to Join Human Rights Body,” Lewiston (Idaho) Morning Tribune , Burns , Robert , “Obama Sets New Policy to Nudge Sudan Dec. 13, 2008 . Toward Peace,” The Associated Press , Oct. 19, 2009 . U.N. Secretary-General Ban Ki-moon has urged the United The Obama administration has outlined a new policy that States to play a more active role in the United Nations’ protec - provides incentives for the Sudanese government to end tion of human rights by joining the Human Rights Council. violence in Darfur. Holmes , Kim R. , “Liberty Forum Better Than U.N. Rights Klug , Foster , “Obama Postpones Meeting With Dalai Council,” The Washington Times , Dec. 25, 2008 , p. A4 . Lama,” News Journal (Delaware), Oct. 6, 2009 . The Human Rights Council has become a protection racket President Obama has decided not to meet with the Dalai for the world’s worst human rights abusers. Lama to discuss human rights in China until first meeting with President Hu Jintao in Beijing. Lynch , Colum , “U.S. to Seek Seat on U.N. Human Rights Council,” The Washington Post , April 1, 2009 , p. A2 . Mann , William C. , “Obama’s Policy on Darfur Lacks Clarity, The Obama administration is seeking to enter a new era Advocates Say,” The Boston Globe , June 20, 2009 , p. 4 . of engagement in American foreign policy by seeking a seat Human rights groups fear for the survival of 2.5 million on the U.N. Human Rights Council. Darfurians in refugee camps if the Obama administration doesn’t commit to plans to ensure their security. CITING CQ RESEARCHER Sample formats for citing these reports in a bibliography Nuechterlein , Donald , “Human Rights Take Back Seat to Realpolitik,” Saginaw (Michigan) News , March 8, 2009 . include the ones listed below. Preferred styles and formats Human rights are not as important to U.S. interests as vital vary, so please check with your instructor or professor. economic and strategic considerations in dealing with China. MLA STYLE Goldstone Report Jost, Kenneth. “Rethinking the Death Penalty.” CQ Researcher 16 Nov. 2001: 945-68. Boudreaux , Richard , “War Crimes in Gaza Reported,” Los Angeles Times , Sept. 16, 2009 , p. A19 . APA S TYLE The deaths of nearly 1,400 Palestinians in Gaza during the Jost, K. (2001, November 16). Rethinking the death penalty. 22-day Israeli offensive amounted to war crimes — and pos - sible crimes against humanity — according to U.N. investi - CQ Researcher, 11 , 945-968. gator Judge Richard Goldstone. CHICAGO STYLE Cumming-Bruce , Nick , “U.N. Investigator Presents Report Jost, Kenneth. “Rethinking the Death Penalty.” CQ Researcher , on Gaza War,” The New York Times , Sept. 30, 2009 , p. A3 . November 16, 2001, 945-968. The lead U.N. investigator for the Gaza conflict says the

www.cqresearcher.com Oct. 30, 2009 931 In-depth Reports on Issues in the News

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