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

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

Washington, February 15, 1978

SUBJECT

• Transmittal to the Senate of Four International Human Rights Treaties

Attached for your signature (Tab A) is a letter of transmittal to the Senate asking for its advice and consent to ratification of three UN human rights treaties:

—The International Convention on the Elimination of All Forms of Racial Discrimination, signed on behalf of the United States on September 29, 1977;

—The International Covenant on Economic, Social and Cultural Rights, signed on behalf of the United States on October 5, 1977;

—The International Covenant on Civil and Political Rights, signed on behalf of the United States on October 5, 1977; and the American Convention on Human Rights, signed on behalf of the United States on June 1, 1977.

Together with your letter of transmittal, State will send to the Senate reports outlining the recommended reservations, understandings and declarations which the Administration believes are necessary to make the treaties consonant with U.S. law.

Perhaps the most controversial of the recommended reservations pertains to Article 4 of the American Convention. This Article deals with the right to life generally, including both abortion and capital punishment. Many of its provisions are not in accord with United States law and policy, or deal with matters in which the law is unsettled. For example, on Right to Life, Article 4 states: “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.” There are also several provisions relating to the death penalty. Consequently, a flat but straightforward reservation is recommended to the Senate, as follows: “United States adherence to Article 4 is subject to the Constitution and other law of the United States.”

In the case of the UN treaties, several reservations are included to protect possible infringements of the rights of free speech. For example, the Convention on Racial Discrimination restricts the dissemination of ideas which promote or incite racial discrimination. A simple reservation is recommended: “. . . nothing in this Convention shall be deemed to require or to authorize legislation or other action by the United States which would restrict the right of free speech protected by the Constitution, laws, and practice of the United States.” Finally, there is language in the Covenant on Economic and Social Rights which extreme right wing groups in the U.S. assert could be interpreted to interfere with the private ownership of property. While this is a far-fetched argument, language is recommended which would avoid any such interpretation: “The United States understands that under the Covenant everyone has the right to own property alone as well as in association with others, and that no one shall be arbitrarily deprived of his property.” In short, every effort has been made to keep the reservations simple, specific and consistent with accepted principles of international law.

Bob Lipshutz has reviewed the letter of transmittal as well as State’s detailed reports, and recommends that you sign the letter of transmittal. Frank Moore also supports this recommendation. Jim Fallows cleared the text of the transmittal.

Recommendation:

That you sign both copies of the letter of transmittal at Tab A.²

1. Source: Carter Library, National Security Affairs, Brzezinski Material, Brzezinski Office File, Subject Chron File, Box 94, Human Rights: 1978. No classification marking. Sent for action. Tab A, the letter of transmittal, is attached but not printed. In a January 25 memorandum to Brzezinski, Tuchman requested that Brzezinski sign an earlier draft of memorandum to the President. Tuchman’s handwritten notations, added to the memorandum on February 6 and 10, indicate that the draft underwent subsequent revision and clearance before Brzezinski initialed the February 15 version printed here. (Ibid.)
2. There is no indication as to whether the President approved or disapproved this recommendation; however, the letter of transmittal to the Senate, attached at Tab A, contains the President’s handwritten signature. For the final version of the February 23 letter to the Senate, see Weekly Compilation of Presidential Documents, Volume 14, February 27, 1978, pp. 395–96. The White House sent all four treaties to the Senate for ratification on February 23. (Department of State Bulletin, April 1978, p. 48)