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

97. Memorandum From Vice President Mondale to President Carter ¹

Washington, December 7, 1977

SUBJECT

• Human Rights

I have reviewed the human rights initiatives proposed in Zbig’s memorandum of December 3 (Tab A)² and, by and large, I think they are excellent. Reviewing the proposals in the order in which they were presented:

1. Creation of a Human Rights Foundation. I see both pros and cons to this proposal and think it will require careful exploration. While I have no strong objection, I do think that we run genuine risks with such a foundation. It would have a quasi-governmental character. The government would take blame for ineffectiveness or inaction on those difficult human rights which cannot be resolved immediately. Such a foundation might do no more than duplicate the work of such organizations as Freedom House and Amnesty International.

However, I realize that there is movement toward such a foundation, and if it is to be created, it would be useful for your Administration to play a role of leadership and to help shape its charter. I recommend that in the speech you give during Human Rights Week you state that you have directed the National Security Council to explore the possibility of such a foundation. Zbig would follow up on this by convening a meeting of Congressional leaders, scholars and representatives of private foundations to discuss the proposal. The language in your speech should be designed to identify you as taking an important initiative while at the same time leaving open the door that the decision on establishment of the foundation will depend on the results of the NSC exploratory process.³

2. Relations with the Congress. I am fully in favor of chairing a series of meetings with members of the Congress to discuss our human rights objectives and the need to shape legislation genuinely to advance our human rights goals around the world. I will immediately get to work with Zbig and his staff to set up these meetings with members of the Congress.⁴

3. Targeting of Foreign Assistance to Countries that Respect Human Rights. I concur with this proposal as a basic Administration objective and the language on this issue in the draft Presidential Directive attached at Tab A does a good job of stating this objective. In my opinion, it is important to keep such guidelines general.⁵ The Administration will have to live with them; we will be measured by our compliance with them; and flexibility will be required if we are to comply satisfactorily.

4. Speech for Human Rights Week. I fully endorse the recommendation that you deliver a speech next week on human rights. One of the real strengths of your administration has been the manner in which you have underscored repeatedly the fundamental importance of human rights and the fact that this is not an issue of passing interest. As mentioned above, in your speech you may wish to make reference to the fact that you have directed the NSC to explore the possibility of a foundation. It would also be useful to note the steps being taken to establish a High Commissioner on Human Rights.⁶

5. Ratification of the Genocide Treaty. At this point, I would recommend against a hard push involving you personally for ratification of the Genocide Treaty immediately after the Panama Canal Treaties. There is a strong likelihood that we will, by the Spring of 1978, be moving from Panama to SALT in the Senate. I doubt that the Genocide Treaty would move quickly through the Senate, and I think it would be a mistake to have this the subject of a prolonged, controversial and emotional Senate debate. Further, I am not at all certain that either Americans or many people abroad see the Genocide Treaty as being crucial to the progress we desire on human rights. I would recommend that we go slow on plans to push for Senate action on the Genocide Treaty, reassessing this position if it develops that SALT will not be ready for Senate action.⁷ In the meantime, the Secretary of State can take the appropriate occasion to remind the Senate that we want the Genocide Treaty to move forward.

6. Issuance of Human Rights Directive. I concur in the desirability of issuing the proposed directive. It is an excellent idea. Looking to the implementation of the directive, I think it will be important to tighten up the interdepartmental group, to make it more assertive. This is an issue which I think might be useful to discuss with Cy at the next foreign policy breakfast meeting.⁸

1. Source: Carter Library, National Security Affairs, Staff Material, Global Issues—Bloomfield Subject File, Box 17, Human Rights: Policy Initiatives: 1/77–10/78. Confidential. A copy was sent to Brzezinski. The President wrote “VP. J” at the top of the memorandum. Another copy is in the Carter Library, National Security Affairs, Staff Material, Global Issues—Mathews Subject File, Box 10, Human Rights: Presidential Directive: 12/77–12/78.
2. Not found attached. Printed as Document 96.
3. The President wrote at the end of this paragraph: “I’m leery of this. We may publicly support a group organized privately—& privately we can help to organize or bolster one.”
4. The President wrote “do so” in the margin next to this paragraph.
5. The President underlined the words “guidelines general” and noted in the margin “I agree.”
6. The President underlined the second half of this sentence, beginning with the word “establish.”
7. The President noted “I’ll defer to you” in the margin below this sentence.
8. At the end of this paragraph the President wrote: “Send draft around before breakfast—J” and “Fritz—You & Zbig go ahead & act—Thanks—J.C.”