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

178. Letter From the Assistant Secretary of State for Human Rights and Humanitarian Affairs (Derian) to William Butler, David Hinkley, and Jerome Shestack¹

Washington, January 22, 1979

Gentlemen:

It is with great pleasure that I reply to your letter of December 1, 1978 to President Carter concerning ratification by the Senate of the International Covenants on Human Rights.²

We could not agree with you more that Senate ratification of these treaties is imperative to the pursuit of a persuasive and constructive human rights policy. As President Carter stated in his letter submitting the Covenants to the Senate for ratification in February 1978: “While the United States is a leader in the realization and protection of human rights, it is one of the few large nations that has not become a party to the three United Nations human rights treaties. Our failure to become a party increasingly reflects upon our attainments, and prejudices United States participation in the development of the international law of human rights.” The President concluded his letter of transmittal by recommending “prompt consideration” by the Senate of ratification of the Covenants as well as the UN Convention on Racial Discrimination and the American Convention on Human Rights. He said this would “confirm our country’s traditional commitment to the promotion and protection of human rights at home and abroad.”³

In furtherance of this action, the President, on the occasion of Human Rights Day, issued a Proclamation stating that “there could be no more appropriate gesture to mark the anniversary” of the Universal Declaration of Human Rights than Senate ratification of the Genocide Convention and “early hearings” to permit adherence to the Convention and other remaining human rights instruments.⁴ The President once again spoke out on behalf of ratification of the international human rights treaties at the special White House Commemoration of the 30th Anniversary. He urged the Senate to ratify the Genocide Convention “at the earliest possible date” as the first step toward the ratification of the Covenants and other human rights instruments.⁵

The President, thus, has expressed clearly and emphatically that one of the goals of his Administration is the ratification by the Senate of the Covenants and other international human rights treaties in support of our commitment to promote human rights internationally.

With regard to the signing of the Optional Protocol to the Covenant on Civil and Political Rights, we agree with you that the right of individual petition is essential for the safeguarding of human rights. It is in fact the cornerstone of redress for human rights grievances. For this reason, the United States played an important role in the drafting of the Optional Protocol and voted for its adoption by the United Nations in 1966.⁶

The United States decided it advisable to address itself first to the Covenants’ ratification before considering the Optional Protocol. At that time, we would expect to sign and submit it to the Senate for ratification.

The President in his statement commemorating the Universal Declaration’s 30th Anniversary, highly commended the work of your organizations, the leading ones in the field of international human rights.⁷ Part of your efforts have included the launching of campaigns to stimulate broad public support for U.S. ratification of the human rights treaties. We hardly can emphasize enough the importance of your initiatives and of your constituencies’ making their views known to members of Congress on the crucial need for U.S. adherence to the human rights treaties.

This Administration strongly supports your endeavors with regard to ratification and would welcome the opportunity to discuss with you further ways in which we could be helpful in achieving our mutual goal of adherence by the United States to the international human rights treaties.

With warm personal regards,

Cordially,

Patricia M. Derian⁸

1. Source: National Archives, RG 59, Central Foreign Policy File, P790018–1909. No classification marking. Drafted by Roberta Cohen. According to a Department of State Executive Secretariat transmittal form, the Department sent a copy of Derian’s letter to Brzezinski on January 24. (National Archives, RG 59, Central Foreign Policy File, P790018–1908)
2. In their letter, Butler, Hinkley, and Shestack impressed upon Carter the need to make the ratification of the human rights covenants and treaties a goal of his first term and urged the President to sign the Optional Protocol to the Covenant on Civil and Political Rights. (National Archives, RG 59, Central Foreign Policy File, P790018–1914)
3. See footnote 2, Document 118.
4. Reference is to Proclamation 4609, Bill of Rights Day, Human Rights Day and Week, issued on November 28, 1978, printed in Weekly Compilation of Presidential Documents, December 4, 1978, pp. 2089–2090.
5. See Document 176.
6. See footnote 8, Document 4. The Optional Protocol to the Covenant was adopted and opened for signature (by any party that had signed the covenant), ratification, and accession by General Assembly Resolution 2200A(XXI) of December 16, 1966, and entered into force on March 23, 1976.
7. The President stated: “The reports of Amnesty International, the International Commission on Jurists, the International League for Human Rights and many other nongovernmental human rights organizations amply document the practices and conditions that destroy the lives and the spirit of countless human beings.” (Department of State Bulletin, January 1979, p. 1)
8. Printed from a copy with this typed signature.