293. Position Paper Prepared in the Bureau of International Organization Affairs1
DRAFT INTERNATIONAL COVENANTS ON HUMAN RIGHTS
The Problem
The Commission on Human Rights worked on the drafting of the proposed Covenants on Human Rights from 1947 to 1954. The original draft of a single Covenant was divided by the Commission in 1952, in accordance with a decision of the General Assembly, into two draft Covenants, one on Civil and Political Rights and the other on Economic, Social and Cultural Rights. The Commission at its spring 1954 session completed the initial drafting of the two texts, which were then forwarded through the Economic and Social Council to the General Assembly. There was a general debate on this item at the ninth (1954) session of the Third Committee of the General Assembly. The draft Covenants were then circulated to Governments and the specialized agencies for comment. The Third Committee of the General Assembly at its tenth (1955) session adopted a revised Preamble and Article 1 of the two draft Covenants and decided not to vote on Part II until the substantive articles in Part III of the two draft Covenants were adopted. The Third Committee of the General Assembly at its eleventh (1956–57) [Page 646] session agreed to discuss first the substantive articles of the draft Covenant on Economic, Social and Cultural Rights and then the substantive articles of the other draft Covenant. The Third Committee at that session revised Articles 6 to 13 of the draft Covenant on Economic, Social and Cultural Rights. At its twelfth (1957) session, the Third Committee revised Articles 14 to 16 of the draft Covenant on Economic, Social and Cultural Rights thus completing the consideration of the substantive articles of that draft Covenant. The Third Committee also revised Article 6 of the draft Covenant on Civil and Political Rights. At its thirteenth (1958) session, the Third Committee revised Articles 7 to 11 of the draft Covenant on Civil and Political Rights; at the fourteenth (1959) session, the Third Committee revised Articles 12 to 14 of this draft Covenant; and at the fifteenth (1960) session, the Third Committee revised Articles 15 to 18 of this draft Covenant. Since the Third Committee was unable to complete the examination of the draft Covenants, the General Assembly decided to continue the consideration of the draft Covenants at its sixteenth (1961) session. See UN document A/4789 dated June 30, 1961 on the current situation relating to the draft Covenants in the Third Committee.
United States Position
- 1.
- The U.S. Delegation should participate in the drafting of the Covenants on Human Rights in order that they will be in the best possible language and as consistent as possible with United States constitutional safeguards. Attached as Annex is general guidance to the United States Delegation in the consideration of the remaining substantive Articles 19 to 26 of the draft Covenant on Civil and Political Rights and the possible consideration of new articles on property and asylum.2 It is not expected that the Third Committee will go beyond the consideration of these articles. If the Delegation finds that additional articles will be considered, the Delegation should consult the Department. As explained in UN document A/4789, following the consideration of substantive Articles 19 to 26, the Third Committee will take up the general provisions (Part II of each Covenant), the measures of implementation (Parts IV and V of the Covenant on Civil and Political Rights and Part IV of the Covenant on Economic, Social and Cultural Rights) and the final clauses (Part VI of the Covenant on Civil and Political Rights and Part V of the Covenant on Economic, Social and Cultural Rights).
- 2.
- In the event there is a proposal to call a plenipotentiary conference to complete the draft Covenants on Human Rights the U.S. Delegation should make known U. S. opposition to the proposal. U. S. opposition to such a proposal rests on several reasons: (a) if the [Page 647] Covenants are to continue to be considered they should be discussed in the Third Committee which has already considered them for some time, (b) the considerable expense involved in having such a conference, and (c) if such a conference is held in New York, it is likely to be attended by permanent representatives of Member States rather than experts. If strong sentiment develops, however, for calling such a conference, the Delegation should request further instructions from the Department. If it appears likely that a proposal for a plenipotentiary conference will be approved, the Delegation should make every effort to ensure that the conference is limited to States Members of the United Nations and of the specialized agencies.
- 3.
- In the event it is proposed that the Third Committee continue to meet (after the other work of the General Assembly is completed), the U.S. Delegation should make known U. S. opposition to the proposal. It is the U. S. view that items should be considered and completed within regular sessions rather than having individual items extend the meeting time of any particular Committee of the General Assembly. If strong sentiment develops for doing so, the Delegation should request further instructions from the Department.
- Source: National Archives and Records Administration, RG 59, IO/UNP Files: Lot 71 D 504, U.N. General Assembly Position Papers, 1953–1967, 16th and 18th UNGA Position Papers, 3rd Committee, 16th GA (1961). Official Use Only. Prepared for the 16th Regular Session of the UN General Assembly.↩
- Not printed.↩