Human Rights Leaders Urge President-Elect Obama to Renew U.S. Commitments to Human Rights

FOR IMMEDIATE RELEASE

Contact: Deborah Hakes, 404-420-5124, [email protected]

 ATLANTA...An international group of human rights organizations and human rights defenders meeting at The Carter Center today issued an urgent appeal for President-elect Barack Obama to renew U.S. commitments to human rights principles and practices that have been abandoned since the Sept. 11, 2001, terror attacks against the United States.
 
"In our efforts to defend ourselves against terror, the United States has abandoned the human rights principles it has long championed," said former U.S. President Jimmy Carter. "We must renew our national commitment to human rights and encourage the international community to support the work of human rights defenders worldwide, whose efforts have been undermined by the U.S. example in recent years."
 
The groups specific recommendations, coming on the eve of the 60th anniversary of the Universal Declaration of Human Rights Dec. 10, included:

• Ending the policy of indefinite detention without due process for detainees at Guantánamo Bay by trying those who accused of committing crimes and repatriating and resettling those cleared for release, as well as abolishing military commissions.
• Issuing an Executive Order to enforce existing law prohibiting torture by any agent of the U.S. government that mandates that interrogations be carried out in a manner consistent with the Army Field Manual.
• Establishing an independent nonpartisan commission to examine U.S. interrogation and detention practices.
• Once the United States takes these steps, it will be able to regain a position of leadership so badly needed to address human rights calamities unfolding in Zimbabwe, the Democratic Republic of the Congo, Sudan, and elsewhere.
• The United States should place human rights issues at the center of its bi-lateral relationships with other countries, with an emphasis on the protection of human rights defenders.
• The United States should engage in robust engagement with the U.N. Human Rights Council, which must be the pre-eminent forum for human rights. 

Human rights defenders attending the forum were on the one hand daunted by the precipitous deterioration of rights in their countries yet cautiously optimistic by the transformational figure they see in President-elect Obama. While their experiences are quite different, their calls to the new president resonate with many common themes concerning the promotion and protection of human rights and are summarized in the following report.
 
They also made very specific proposals for U.S. policy toward their countries that will be incorporated into a full conference report and forwarded to the incoming Obama administration.
 
"The United States and other governments have expanded executive power at the expense of the legislature and the courts.  Experience shows that if checks and balances are not adequate the margin of abuse is high. There is a clear need to protect them, "added U.N. High Commissioner for Human Rights Navanethem Pillay, who co-chaired the meeting with President Carter.
 
The Carter Center forum brought together some of the most effective human rights defenders from Pakistan, Afghanistan, Egypt, Israel, Syria, Indonesia,  Columbia Brazil, Zimbabwe, Uganda, and Nigeria, as well as leaders of Human Rights Watch, Amnesty International, The Constitution Project, International Center for Transitional Justice, Physicians for Human Rights, The Open Society Institute, Center for Victims of Torture, Center for Constitutional Rights, national Religious Campaign against torture, and others.
 
Following is the complete statement issued by the group of 50 leaders.
 
For more information on the work of human rights defenders in specific countries worldwide visit: http://www.cartercenter.org/peace/human_rights/defenders/index.html


 

Statement from the Human Rights Defenders Conference

The Carter Center

Dec. 2-3, 2008

This year, we celebrate the 60th anniversary of the Universal Declaration of Human Rights (UDHR), which was adopted by the member nations of the United Nations under the leadership of Eleanor Roosevelt.  Like our Bill of Rights, the UDHR and the treaties it inspired form a framework of rules for the protection of fundamental human rights, but at a global level.  Human rights defenders from all continents have gathered in Atlanta this week to discuss approaches for renewing a global movement that had made tremendous gains before the attacks of Sept. 11, 2001, after which the U.S. government abandoned its commitments to basic human rights.

With human rights catastrophes unfolding in Zimbabwe, the Democratic Republic of the Congo, Myanmar, as well as regions of strategic concern to the United States, such as the Middle East and South Asia, it is essential that the United States restore its good reputation on human rights so that it can once again be an effective force is addressing these and future human rights challenges. 

Returning to Principles:

Since its adoption, the UDHR and related treaties had become invaluable tools for people all over the world who are struggling to establish democratic governments that respect their citizens' rights. The Convention Against Torture, for example, lent weight to the efforts of local activists from Egypt to Argentina to end this practice in their countries.  Indefinite detention and the deprivation of due process rights for detainees are also prohibited by human rights treaties.  However, as the United States became a violator of these rights in the conduct of the "war on terror," authoritarian regimes across the globe found an excuse for human rights abuses in the name of security. Human rights defenders from Egypt, Afghanistan, Pakistan, and many other countries described how this situation poses a major setback for their efforts to advance human rights in their countries.

President-elect Barack Obama has made a commitment to restore America's position as a champion of universal human rights.  With his election and the transformative moment that accompanies it, our nation has a renewed opportunity help the global human rights movement find its footing once again.  We gathered this week to assess this moment and the opportunity it presents. 

The tragic events in Mumbai last week remind us that there is an urgent need to improve our approaches to combating terror groups through a combination of effective intelligence, coordinated policing, and effective socio-economic development throughout the entire South Asian region.  If the societies that profess adherence to democracy and universal rights are going to win the battle for the hearts and minds of the people, we have to offer the opposite of terror: trustworthy government.  In additional to major efforts to improve the lives of people through universal education, access to employment and an adequate standard of living, it also means ensuring fair trials for people who are captured and clear guidelines on effective interrogation that honors international prohibitions against torture. 

When asked how human rights defenders in Pakistan propose to address the threat that terrorists pose to the enjoyment of human rights, attorney Hina Jilani stated simply that the answer is to put them on trial and expose their crimes to society at large.  Then, she said, all people will reject their actions and consider the judgment of the court as legitimate punishment.  If people are tortured, disappeared, or held indefinitely, their cases become a source of grievance, which will only help terrorist leaders gain more recruits.

Those gathered agreed that there are only long-term solutions to defeating terror groups, but it must be a battle that is waged within a framework of rules. Although it has taken seven years, our courts have finally drawn clear lines between individual rights and the exercise of executive power against individuals, even in the context of terrorism. The American people and our courts have rejected the proposition that some people's rights can be suspended arbitrarily and that to do so violates the very core of our democracy.

In order to restore the moral authority of these instruments, human rights experts and defenders attending the forum this week urge the incoming Obama administration to:

• End the policy of indefinite detention without due process for detainees at Guantánamo Bay by trying those who are accused of committing crimes and repatriating and resettling those who been cleared for release. Military Commissions should be abolished.
• Issue an Executive Order to enforce existing law prohibiting torture by any agent of the U.S. government that mandates that interrogations be carried out in a manner consistent with the Army Field Manual.
• Establish an independent nonpartisan commission to examine U.S. interrogation and detention practices.

By taking these steps to put our own house in order, the United States would reclaim its moral authority and wield not only the political capital, but the credibility needed to engage in frank but respectful bi-lateral dialogues on the protection of human rights as central to world peace and prosperity. 

Advancing Human Rights: Views from the Frontlines

The Forum brings together some of the most effective human rights defenders from Pakistan, Afghanistan, Egypt, Israel, Syria, Indonesia, Columbia, Brazil, Zimbabwe, Uganda, and Nigeria. It is these courageous individuals who can best diagnose the challenges their societies face.  Policymakers in the United States, including the new president, should engage in a systematic dialogue with these leaders to design appropriate and effective policies that will lead to defeat of terrorism and to the emergence of capable states.  

Human rights defenders attending the forum are on the one hand daunted by the precipitous deterioration of rights in their countries yet cautiously optimistic by the transformational figure they see in President-elect Obama. While their experiences are quite different, their calls to the new President resonate with many common themes concerning the promotion and protection of human rights:

• The United States must "get its house in order" by taking concrete actions to restore its rights at home before it can be a leader in the world and not be used as an excuse by authoritarian regimes to repress their populations. (Nigeria)
• The United States must recognize and engage with other emerging powers, regional organizations, and the United Nations, in the pursuit of human rights. (Brazil)
• The United States cannot achieve peace and security by focusing exclusively on a military solution and empowering military organizations that violate rights and undermine government. Human rights must be part of the equation, as it is the guarantee of these rights that restore citizens' faith in their government. (Afghanistan)
• Accountability must replace impunity among governments worldwide, and the United States must work towards this end; it can no longer support violators of human rights. (Egypt) 
• International human rights and humanitarian law must govern U.S. military and government operations overseas, as violating these laws only deepens local populations' resentment of the United States and creates a breeding ground for terrorist elements. (Afghanistan)
• The United States must support the rule of law in its foreign policy; the prosecution of justice through strengthened and accountable police forces, fair and rights-based trials, and transparent proceedings is critically useful tool in bringing terrorists and criminals to justice while building population's faith in good governance.
• Working towards the protection of social, economic, and cultural rights must be given equal consideration in U.S. foreign policy as the pursuit of political solutions and rights.
• "Principled conditionality" should be the guiding policy of U.S. foreign aid; we will not provide aid to those governments that engage in human rights abuses. (Egypt)
• The United States should not focus only on finding solutions with and among state governments, especially when those governments are the primary violators of human rights. Instead it must engage local civil societies, regional organizations, and the United Nations.

Human rights defenders made very specific proposals for U.S. policy toward their countries which will be incorporated into a full conference report and forwarded to the incoming Obama administration.

The United Nations: Toward an Effective Global Forum for Rights

President-elect Obama has already made a number of positive statements supporting the United States' re-engagement and re-commitment to the United Nations. At the forum, human rights experts and defenders from around the world offered a number of concrete steps President-elect Obama could take immediately in this regard:

• In the cases of Zimbabwe, Sudan, and the Democratic Republic of the Congo, the U.S. should engage immediately with African and other governments at the United Nations to resolve these crises and to prevent massive loss of life.  The United States should consider more robust and direct participation in peacekeeping efforts.
• Immediately run for membership in the Human Rights Council and develop and pursue a specific U.S. strategy early on;
• Support the Universal Periodic Review Process and welcome an early review of the U.S. human rights record;
• Immediately ratify the Convention on the Rights of the Child, which the United States alone has not ratified; the Convention on the Elimination of All Forms of Discrimination against Women;  and the International Covenant on Economic, Social and Cultural Rights; along with other pending human rights treaties widely accepted by the international community;
• Work with nations from all regions to develop a strategy to protect the independence of the Office of the High Commissioner for Human Rights and "special rapporteurs," who provide impartial scrutiny of human rights violations, and invite all relevant Special Rapporteurs to Guantánamo Bay;
• Appoint Special Envoy for Human Rights based in the office of the Secretary of State and a Human Rights Ambassador that will be responsible for engaging with the Human Rights Council;
• Reaffirm the U.S. signature (revoked by President Bush) of the Rome Statute on the International Criminal Court (ICC), actively participate in the forthcoming review conference of the International Criminal Court, with a view to ratifying the statute in the near future, repeal the American Service Members Protection Act, which holds U.S. military and other agents above international law.

The eyes of human rights defenders around the world are fixed hopefully on the new White House administration, looking for a renewed commitment to human rights as it re-engages the world.

Read more about the Carter Center's work to support human rights defenders >>

Watch the Dec. 3, 2008 Conversations at The Carter Center:  "Restoring Rights and Rules: A New Human Rights Agenda for the United States" >>