254. Briefing Memorandum From the Under Secretary of State for Security Assistance (Maw) to Secretary of State Kissinger1 2
Submission of 502B Human Rights Report to Congress in Tandem with FY 76 Security Assistance Congressional Presentation Document
We have prepared a Report informing Congress of the results of the review the Department of State has conducted with respect to human rights in countries which are recipients of security assistance. A copy is attached at Tab 1.
Section 46 of the 1974 Foreign Assistance Act (FAA) amended the 1961 FAA by adding a sub-paragraph (Section 502B) expressing the sense of Congress that “... the President shall substantially reduce or terminate security assistance to any government which engages in a consistent pattern of gross violations of internationally recognized human rights...” (The full text of 502B is annexed to the Report, Tab 1.)
The Report outlines the Department’s efforts to review the human rights situation in security assistance recipient countries and gives our conclusions with respect to the advisability of reducing or terminating security assistance based on violations of human rights. The Report is designed as a covering document to forward digests of human rights conditions in the 83 security assistance recipient countries. Eight country digests—Korea, Brazil, Chile, the Philippines, Egypt, Iran, India and Ethiopia—are at Tab 2. These illustrate the style and content of the respective country digests. Sensitive sections will be classified.
The Report is intended to show our concern with human rights issues. Congressman Fraser and Senator Javits, among others, have pressed the Department for [Page 2] action pursuant to Section 502B and we have promised that a report will be forthcoming. We have also indicated that a report would be submitted in conjunction with our interim security assistance presentation material. The latter is scheduled to be transmitted to Congress this week.
The Report is intended to serve only as a base for discussion by Administration witnesses. We can expect that Department witnesses will be questioned closely on human rights issues during the forthcoming security assistance hearings in any case. The submission of a 502B report should have a beneficial effect as a step to meet mounting Congressional worries about Administration perspectives on human rights questions.
On the other hand, the Report will also be subject to severe criticism by individual members of Congress who are concerned with serious violations of human rights in countries for whom substantial security assistance programs are proposed. They will charge that in some cases (e.g. Chile and Korea) our digests are inadequate and that we should use stronger condemnatory language and make findings. It is my judgment, nevertheless, that the Report will on balance have a positive effect and should go forward as proposed.[Page 3]
- Source: Ford Library, James M. Wilson Papers, Box 6, 5/75–8/75. Confidential. Sent for information. Drafted by Palmer, Wilson, and Lewis. Concurred in by Goldberg, Stern, Michel, Runyon, and Austin. Tab 2 has not been found. The report was not submitted to Congress, but became part of the public record as a result of Congressional action and news reports. See Document 257.↩
- The memorandum explained the rationale for submitting the attached a human rights report to Congress.↩
- The full text of Section 502B is attached.↩