340.1 AG/3–2653
Memorandum by the Assistant Secretary of State for United
Nations Affairs (Hickerson) and
the Legal Adviser (Phleger) to the
Secretary of State1
[Washington,] March 26, 1953.
- Subject:
- United States Policy Concerning Proposed Covenants on Human
Rights
In accordance with our conversations concerning United States policy for the
next session of the UN” Commission on Human
Rights which opens in Geneva on April 7, it is proposed that Mrs.
Oswald B. Lord point out in the Commission that in
the present stage of international relations it is the opinion of the United
States that there are more effective ways to promote the human rights
objectives of the UN Charter than through the
drafting of the proposed Covenants on Human Rights; that a greater degree of
general acceptance of goals in this field must be achieved before it will be
useful to draft treaties of the scope of the proposed Covenants; and that
the Commission on Human Rights should accordingly give attention and
emphasis to means other than the Covenants for making progress toward the
human rights goals of the UN Charter. (Tab
A)
Mrs. Lord is asked to point out to the Commission on
Human Rights that the United States attaches great importance to the
achievement of the human rights goals of the UN Charter and the Universal Declaration of Human Rights and
accordingly is prepared to support at this session of the Commission the
following means for the achievement of these goals:
- 1.
- The institution of world-wide surveys by the Commission on Human
Rights on various aspects of human rights, through the assistance of
a rapporteur appointed by the Commission. The
first two subjects suggested are freedom of religion and the right
to a fair trial. The rapporteur would consult
non-governmental organizations as well as governments and the
Specialized Agencies for relevant data for submission
[Page 1557]
to the Commission. The
report of the rapporteur would be considered
in the Commission on Human Rights and general recommendations are
anticipated relating to the particular subject discussed. The
procedure proposed here is similar to that already undertaken by the
UN Economic and Social Council in
the field of freedom of information.
- 2.
- Annual reports on developments in the field of human rights from
each Member Government of the United Nations, prepared in each
instance with the assistance of a national advisory committee, such
reports to be considered in the Commission at the time the survey
reports of the proposed rapporteur are
submitted. The proposed national advisory committee on human rights
would be appointed by the Secretary of State and would be available
on a consultative basis to assist in the preparation of the annual
reports to be prepared under the general supervision of the
Department of State.
- 3.
- The establishment of advisory services on specific aspects of
human rights defined by the UN
Economic and Social Council, such services to be in the form of
experts going to countries requesting the services, scholarships and
fellowships being provided for training abroad and arrangements for
seminars. These services would be along the lines of other advisory
services now being provided in the United Nations in the economic,
social and public administration fields. (Tab B)
Recommendation:
It is recommended that you approve the proposals in this memorandum. Mrs.
Lord will be given instructions along the lines set
forth in this memorandum for the next session of the Commission. Mrs.
Lord has reviewed the proposals in this memorandum
and considers them satisfactory.
[Attachment 1]
Statement of Policy for 1953 Session of Commission on Human Rights
The United States Representative should point out that in the present
stage of international relations it is the opinion of the United States
that there are more effective ways to promote the human rights
objectives of the UN Charter than through
the drafting of the proposed Covenants on Human Rights; that a greater
degree of general acceptance of goals in this field must be achieved
before the time will be ripe for the proposed Covenants; and that the
Commission should accordingly give attention and emphasis to means other
than the Covenants for making progress toward the human rights goals of
the UN Charter.
The United States Representative should point out that the United States
attaches great importance to the achievement of the human rights goals
of the UN Charter and the Universal
Declaration of Human Rights and accordingly is prepared to support at
this session
[Page 1558]
of the
Commission the following means for the achievement of these goals:
- (a)
- The institution of world-wide surveys by the Commission on
Human Rights on various aspects of human rights, through the
assistance of a rapporteur appointed by
the Commission.
- (b)
- Annual reports on developments in the field of human rights
from each Member Government of the United Nations, prepared in
each instance with the assistance of an advisory committee, such
reports to be considered in the Commission at the time the
survey reports of the proposed rapporteur
are submitted to the Commission.
- (c)
- The establishment of advisory services on specific aspects of
human rights defined by the Economic and Social Council, such
services to be in the form of experts going to countries
requesting the services, scholarships and fellowships being
provided for training abroad and arrangements for
seminars.
In view of instructions from the General Assembly and the Economic and
Social Council that the Commission proceed at this session with its work
on the proposed Covenants, it is expected that the Commission will do
so. The United States Representative should urge, however, that adequate
time also be set aside at this session for the consideration of the
steps outlined above for the promotion of human rights in the United
Nations. The United States Representative should as a loyal member of
the Commission participate in a technical capacity in such drafting or
redrafting of the proposed Covenants that may be undertaken at this
session. In view of the United States change in policy with respect to
the proposed Covenants, the United States Representative should not
insist on drafting proposals as in the past when we considered it
necessary to bring the provisions of the proposed Covenants in line with
our own constitutional law and practice. The United States role should
be one of helpfulness but not one of pressing our views upon the
Commission. Detailed technical instructions on the draft Covenants have
accordingly been prepared simply as a guide to the United States
Representative in a technical participation in the drafting of the
proposed Covenants at this session of the Commission.
[Page 1559]
[Attachment 2]
Position Paper Prepared in the Office of United Nations Economic and Social Affairs for the
United States Delegation to the Ninth
Session of the United Nations Commission on Human
Rights
restricted
CHR/D/13/53
[Washington, March 26, 1953.]
Advisory Services in the Promotion of Human
Rights
problem
To determine the position of the United States Representative with regard
to (1) the proposal of the Secretary General that advisory services be
rendered by the United Nations to countries and territories which may
request them in the promotion of human rights (Doc. E/1900, par. 56),
and (2) the proposal on technical assistance in draft resolution K in
Annex I of the 1952 Report of the Subcommission on Prevention of
Discrimination and Protection of Minorities (Doc. E/CN.4/670).
recommendations
- I.
- The United States Representative should propose or support the
adoption of a resolution on advisory services in the Commission on
Human Rights to request the Economic and Social Council to ask the
General Assembly:
- A.
- To authorize the Secretary General:
- 1.
- Subject to the directions of the Economic and
Social Council, to make provision for the following
services, with the cooperation of the specialized
agencies where appropriate, and in consultation with
non-governmental organizations having consultative
status, in specific aspects of human rights defined
by the Economic and Social Council:
- (a)
- For the appointment of experts to provide
advisory services at the request of governments
which show the need for them in specific aspects
of human rights defined by the Economic and Social
Council;
- (b)
- To enable suitably qualified persons to
observe, and familiarize themselves with, the
experience and practice of other countries on
specific aspects of human rights defined by the
Economic and Social Council;
- (c)
- To enable suitably qualified persons who
cannot receive professional training in their own
country on specific aspects of human rights
defined by the Economic and Social Council, to
receive appropriate training in foreign countries
having the necessary facilities for such training;
and
- (d)
- To plan and conduct seminars on specific
aspects of human rights defined by the Economic
and Social Council.
- 2.
- To include in his budgetary estimates of the
United Nations the sums necessary for carrying out
an effective operational program based on the
provision of the above services.
- B.
- To instruct the Secretary General to undertake the
performance of the services as provided in A.1 above, in
agreement with governments concerned, on the basis of
requests received from governments and in accordance with
the following policies:
- 1.
- The kind of service to be rendered to each country
under A.1(a) shall be
acceptable to the government concerned and shall be
determined in consultation with that
government;
- 2.
- The selection of the persons under A.1(b) and (c) shall be made by the Secretary General on
the basis of proposals received from governments,
which shall indicate their preferences with regard
to host countries, and shall be acceptable to the
host countries;
- 3.
- The amount of services and the conditions under
which they shall be decided by the Secretary General
with due regard to the greater needs of the
under-developed areas and in conformity with the
principle that each requesting government shall be
expected to assume responsibility, as far as
possible, for all or a major part of the expenses
connected with the services furnished to it, either
by making a contribution in cash, or in the form of
services for the purposes of the program being
carried out.
- C.
- To request the Secretary General to report regularly to
the Commission on Human Rights and as appropriate to the
Commission on the Status of Women on the measures which he
takes in compliance with the terms of this resolution, and
to request these Commissions to formulate recommendations
from time to time concerning the continued action required
to carry on the essential advisory services in the specific
aspects of human rights defined by the Economic and Social
Council.
- II.
- The United States Representative should propose or support a
recommendation from the Commission to the Economic and Social
Council that it define the following specific aspects of human
rights to which the above advisory services would be applicable:
- (a)
- Improvement of judicial procedures.
- (b)
- Establishment and improvement of techniques of mass
information media, including such facilities as news
agencies.
- (d)
- 2 Increased participation in
national and community civic affairs, especially for women
recently granted the vote.
- (e)
- Abolishing slavery and institutions and practices akin
thereto.
- (f)
- Legislative measures for the prevention of discrimination
and the protection of minorities.
- III.
- The United States Representative should reserve the position of
the United States with respect to the amount that should be provided
in the regular UN budget for the
proposed advisory services. It is the United States view that this
proposed program should not in any event exceed the costs of the
current UN advisory services in
public administration (which amount to about $145,000). The United
States Representative may indicate this maximum figure to the
Commission if there is an indication in the Commission that a larger
budget amount is anticipated.
[Page 1561]
discussion
The Secretary General in Doc. E/1900 suggests that “assistance could be
given for example, in the formulation of basic laws concerning human
rights, in the establishment of judicial organs and in the drafting of
rules of judicial procedure, in the establishment of institutions of
self-government, in raising the status of women, in preventing
discrimination and protecting minorities, in abolishing slavery and
institutions and practices akin thereto, where such problems exist.” The
Secretary General at the same time also suggests that the United Nations
might assist individual countries and territories in the promotion of
economic, social and cultural rights. The inclusion of the latter field
of activity in the promotion of human rights and fundamental freedoms is
of doubtful validity since there are separate technical assistance
programs going forward with respect to economic, social and cultural
matters.
The United States Representative should urge that the scope of this
program be limited to specific aspects of human rights (as enumerated
above under recommendation II) defined by the Economic and Social
Council rather than the general subject of “human rights.”
The program recommended in this paper is preferable to the recommendation
of the Subcommission on Prevention of Discrimination and Protection of
Minorities (a) that organizations participating
in the technical assistance and other programs now providing aid or
advice at the request of Member States, give sympathetic consideration
to requests which governments may submit for such technical assistance
in connection with measures aimed at the eradication of prejudice or
discrimination or at the protection of minorities, (b) a technical assistance program to assist solely “in the
eradication of prejudice or discrimination and in the protection of
minorities,” and (c) such services to include
“educational programs designed to combat prejudice and
discrimination.”
The recommendations of this paper reflect to a considerable extent the
wording and structure of General Assembly Resolution 418 (V), concerning
advisory social welfare services, approved December 1, 1950.
It is assumed that the financing of the program herein envisaged would be
under the regular budget of the United Nations, analogous to the regular
budget activities of the United Nations in the field of social welfare
and public administration. For administrative purposes it is assumed
that the proposed program in human rights would be brought within the
administrative jurisdiction of the United Nations Technical Assistance
Administration. Such an arrangement exists on a reasonably harmonious
basis at the present time between UNTAA and the Social Affairs Division of the UN Secretariat. In general, the
[Page 1562]
theory is that UNTAA is responsible only for
administrative arrangements but looks to the Division of Social Affairs
for substantive judgments.
background
The support of the United States for the advisory services program
outlined in the recommendations of this paper is particularly important
as illustrative of United States support for the promotion of human
rights in ways more effective than the proposed Covenants on Human
Rights. It is the United States view that the United Nations should no
longer press ahead with the proposed Covenants since treaties of the
broad scope of the Covenants are not the most effective way to promote
human rights at the present time. The United Nations should instead now
concentrate on ways to achieve a wider acceptance throughout the world
of the human rights goals of the UN
Charter and the Universal Declaration of Human Rights. The provision of
advisory services in the specified aspects of human rights enumerated in
recommendation II is one effective way to promote the human rights goals
of the UN Charter and the Universal
Declaration of Human Rights. It is expected that there will be wide
support for a program of advisory services in this field in the
Commission on Human Rights as well as later in the Economic and Social
Council and the General Assembly.
