98. Memorandum From the President’s Counsel (Lipshutz) to President Carter1
Washington, December 7, 1977
SUBJECT
Attached is a proposed “Presidential Decision Memorandum” which I urge you to
sign.
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I believe that this will be extremely helpful to you and the Secretary of
State and Dr. Brzezinski as a
meaningful way of reenforcing and institutionalizing within the State
Department bureaucracy this fundamental policy of the Administration.
I also believe that it will be of assistance to us in our attempts to defuse
the efforts by Congressman Harkins and others to attach mandatory provisions
to numerous legislative bills which are coming up in the Congress, by
demonstrating your determination to further institutionalize your Human
Rights Policy in the State Department.
If you approve this Presidential Decision Memorandum, I will have it drafted
in final form for your signature.2
Attachment
Paper Prepared in the Office of the White House
Counsel3
SUBJECT
- Presidential Determination on Human Rights and United States
Foreign Policy
The fundamental premise for human rights priorities in determining United
States foreign policy is the positive influence upon interstate
relations resulting from greater individual government sensitivity and
respect for the rights of its respective population. The reduction of
domestic tension between particular peoples and their governments—a
result of enhanced government acknowledgment of the rights of the
governed—will bring about a consequent reduction of tensions between
governments.
U.S. Government foreign policy requirements will therefore include a
careful evaluation of human rights obligations accepted by all
governments with which this country has normal diplomatic relations or
other established ties. The Department of State will have primary
responsibility for defining the legal, political and other
internationally accepted obligations upon governments to respect human
rights.
The official U.S. foreign policy community, under the direction of the
Department of State, will establish, evaluate and review estimates of
the extent the United States Government shall support human rights
policies or initiatives of foreign governments. It will also determine
the
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need, where appropriate,
for public or discreet official U.S. expressions of concern over the
abuse of human rights clearly attributable to foreign governments’
policies or decisions whether tendered publicly by spokespersons for
this government, by representatives in multilateral international
organizations, or by diplomatic officials in the course of normal
discussions with representatives of particular countries.
It shall be the responsibility of all diplomatic representatives of the
United States to set forth clearly to their foreign counterparts the
commitment of the United States Government to seek greater respect by
all governments for the human rights of their respective populations.
Where such exist, the legal, legislative, or other recognized
obligations upon the United States Government to evaluate and convey its
human rights concerns to other governments will be reaffirmed to
representatives of foreign governments whenever matters under
consideration relate to these obligations.
