Foreign Relations of the United States, 1977–1980, Volume II, Human Rights and Humanitarian Affairs

113. Memorandum From the President’s Assistant for National Security Affairs (Brzezinski) to President Carter¹

Washington, February 10, 1978

SUBJECT

• Human Rights

Attached for your consideration are redrafted versions of both the human rights PD (Tab A) and the proposal for a Human Rights Foundation (Tab B).²

Regarding the PD, this draft has been refined with a particular view to the consequences of a possible leak. The language has been worked over and tightened, so as to minimize the problems that would arise if the entire document were to leak, or if certain sentences were taken out of context. The Vice President has reviewed this draft and recommends that you sign it.³

The revised draft of the Human Rights Foundation (HRF) proposal at Tab B is the result of extensive consultations with members of the EOP, as well as with a number of outside experts, including the leadership of the prominent NGOs: Freedom House; the International Rescue Committee; B’nai Brith; Church World Service; the American Council of Voluntary Agencies for Foreign Service; and others. All the outside experts with whom we consulted were unreservedly enthusiastic in support of the proposal. The Vice President has studied this draft and continues to have some reservations which are reflected at Tab B. Jody Powell and Frank Moore both recommend that you approve it. We have consulted with individuals at State who are supportive of the idea, however in order to preserve its confidentiality and press value, I have not sent the proposal over for formal State approval.

There are more and more indications of Congressional interest in this idea. Moynihan is apparently getting ready to introduce it on the Senate side, and there are also signs of movement from Zablocki, Fraser, Fascell and perhaps others in the House. My concern is that if this idea comes out as a Congressional initiative, it will be reported in the press as another example of the Administration’s negative and passive role on human rights, and the Congress’ active and imaginative stance. Given the number of contentious human rights issues we face in the coming session, this would be a particularly unfortunate outcome. I believe we must make a prompt decision on this proposal, or face the real risk of being preempted by a Congressional initiative.

Recommendation:

That you sign the PD at Tab A and approve the proposal at Tab B.⁴

Tab A

Draft Presidential Directive⁵

Washington, undated

TO

• The Vice President
• The Secretary of State
• The Secretary of Defense

ALSO

• The Secretary of the Treasury
• The Attorney General
• The Secretary of Commerce
• The Director, Office of Management and Budget
• The United States Representative to the United Nations
• The Administrator, Agency for International Development
• The Chairman, Joint Chiefs of Staff
• The Director of Central Intelligence
• The Director of U.S. Information Agency

SUBJECT

• Human Rights

It shall be a major objective of U.S. foreign policy to promote the observance of human rights throughout the world. The policy shall be applied globally, but with due consideration to the cultural, political and historical characteristics of each individual nation, and to the significance of U.S. relations with the nation in question.

Specifically:

1. It shall be the objective of the U.S. human rights policy first of all⁶ to reduce worldwide governmental violations of the integrity of the person (e.g., torture; cruel, inhuman or degrading treatment; arbitrary arrest or imprisonment; lengthy detention without trial and assassination), and, secondly⁷ to enhance civil and political liberties (freedom of speech, of religion, of assembly, of movement and of the press; and the right to basic judicial protections). It will also be a continuing U.S. objective to promote basic economic and social rights (e.g., adequate food, education, shelter and health).

2. Greater reliance should be placed on positive inducements and incentives, acknowledging improvements in human rights through, whenever appropriate and possible,⁸ preferential treatment in political relations and economic benefits.

3. To this end, countries with a good or⁹ improving record of human rights observance as defined above,¹⁰ will be given special consideration in the allocation of U.S. foreign assistance. Programs for each fiscal year shall be reviewed in this light.

4. In the evaluation of the human rights condition of a foreign nation, and in the course of the implementation of this directive, primary emphasis shall be placed on longer term trends rather than on specific events.¹¹

5. The U.S. shall not take any action which would result in material or financial support to the police, civil law enforcement authorities, or internal security forces of governments engaged in serious violations of human rights.

6. U.S. human rights actions within the International Financial Institutions shall be designed and implemented so as not to undermine the primary U.S. interest of preserving these institutions as effective economic instruments. I therefore direct the Interagency Group to prepare a report:¹²

—Analyzing the effects of recent U.S. actions in the IFIs:¹³

• on the IFI’s themselves (including an assessment of the legality of our actions),¹⁴

• on Congressional attitudes and prospective legislation; and

• on the advancement of U.S. human rights objectives.

—Proposing a strategy for future U.S. actions which will place primary emphasis on the use of our “voice” rather than our vote; attempt to influence the Bank’s actions as early as possible in the loan process; seek to engage the support of other nations and multilateral organizations.¹⁵

7. The Interagency Group shall prepare and submit for review by the PRC/NSC, a paper analyzing the appropriateness of using other sanctions or incentives to further the goals defined in this directive.

1. Source: Carter Library, National Security Affairs, Brzezinski Material, Brzezinski Office File, Subject Chron File, Box 94, Human Rights: 1978. Confidential. Sent for action. A notation on the memorandum indicates the President saw it. The President added the following handwritten notation in the right-hand corner of the first page: “Zbig—I made substantial changes. Let me have comments from you & Cy. J.” Tuchman sent the memorandum to Brzezinski under a February 10 typewritten covering note, indicating that it constituted a “redone version of the human rights package.” (Ibid.)
2. Tab B is not attached but is printed as Document 107.
3. See Document 112 and footnote 7 thereto.
4. There is no indication that the President approved or disapproved the recommendation. The final version of PD–30 is printed as Document 119. For the President’s response to the Human Rights Foundation proposal, see Document 114.
5. Confidential. The President wrote at the top right-hand margin of the memorandum: “Need to include other action: a) Verbal protest (public) b) Annual report to Congress (already required) c) Utilization of OAS, UN, etc d) Work of private groups—Amnesty International e) Direct diplomatic persuasion—(private) etc—J.”
6. The President deleted the words “first of all” and wrote “numbers have little logic” in the left-hand margin of this numbered point.
7. The President deleted the comma following the closed parenthesis and deleted the word “secondly.”
8. The President rewrote this part of the sentence to read: “acknowledging improvements in human rights whenever appropriate and possible through preferential . . .”
9. The President inserted the word “substantially” after “or.”
10. The President deleted the words “as defined above.”
11. The President rewrote this paragraph to read: “In the evaluation of the human rights condition of a foreign nation in the course of the implementation of this directive, primary emphasis shall be placed on longer term trends and on the cumulative effect of specific events.”
12. The President deleted the colon.
13. The President rewrote this to read: “Analyzing the effect of U.S. actions in the International Financial Institutions, including:”
14. The President rewrote this bulleted point to read: “adequacy of information received from the IFI’s and the propriety and legality of action we may take;” and deleted “on” in the second and third bulleted points.
15. The President rewrote this paragraph to read: “—Proposing a strategy for future U.S. actions which will utilize most effectively both our voice and our vote, understand and attempt to influence the Bank’s actions as early as possible in the loan process, and seek to engage the support of other nations and multilateral organizations.”