As to compliance by the United States to its human rights obligations, the following are some of the questions raised by other nation states as part of the Universal Periodic Review being conducted by the United Nations on Friday, November 5th.
Treaty Ratification
BOLIVIA
• In the summary of the OHCHR is noted that the United States has not ratified 12 Instruments of Human Rights, what measures is your government taking to ratify those instruments?
CZECH REPUBLIC
• Does the Government considers ratifying the core human rights instruments as the International Covenant on Economic, Social and Cultural Rights and Optional Protocol thereto, Optional Protocols to the International Covenant of Civil and Political Rights, Convention on the Elimination of All Forms of Discrimination Against Women and Optional Protocol thereto, Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, Convention on the Rights of the Child and Optional Protocols thereto, Convention on the Rights of Persons with Disabilities and Optional Protocol thereto and International Convention for the Protection of All Persons from Enforced Disappearance?
DENMARK
• Would the United States reconsider its position not to adhere to ICESCR; CEDAW CRC and OPCAT?
• Would the United States consider withdrawing its reservations to CAT and ICCPR to the effect that it “considers itself bound by the obligation….to prevent cruel, inhuman or degrading treatment or punishment only insofar as [that] term….means the cruel, unusual and inhumane treatment or punishment prohibited by the Fifth, Eight and/or Fourteenth Amendments”?
NETHERLANDS
• In reference to paragraph 37 of the national report, The Netherlands welcomes the first White House Advisor on Violence Against Women, the appointment of two women to the U.S. Supreme Court and the unprecedented position of Ambassador-at-large for Global Women’s Issues. In reference to the same paragraph, the Netherlands also welcomes the fact that the Obama Administration strongly supports U.S. ratification of the Convention on the Elimination of all forms of Discrimination against Women and is working with the Senate towards this end. Could the government of the U.S. elaborate on the specific steps that have been taken to prepare the ratification process? Can the U.S. Government commit to offer CEDAW for advice and consent to the U.S. Senate before the next presidential elections? And could the U.S. Government also commit to bringing the Convention on the Rights of the Child up for ratification, within the same timeframe?
RUSSIAN FEDERATION
• The United States of America has ratified only three of nine universal treaties in the field of human rights, is party to only two of eight core conventions of the ILO and has not joined any regional human rights instruments under the auspices of the Organisation of American States. Does the United States have an intention to expand its participation in universal and regional instruments in the field of human rights and international humanitarian law?
JAPAN
• We would like to know the prospects for the ratification of the human rights treaties to which the United States is not a party, such as ICESCR (signature in 1977), CEDAW (signature in 1980) and CRC (signature in 1995), and, if there exist(s) a treaty(ies) with little possibility of ratification, the reason thereof.
NORWAY
• To what extent will there be a renewed initiative in order to gather political support for signing and ratifying more treaties related to human rights, such as the International Covenant on Economic, Social and Cultural Rights; the Convention on the Elimination of All Forms of Discrimination against Women; the Convention on the Rights of the Child; and the Rome Statute of the International Criminal Court?
Death Penalty
DENMARK
• What will the U.S. Government do to follow the recommendation by the international community to ensure that state and federal authorities impose a moratorium on executions with a view to abolishing the death penalty nationwide? And until such a moratorium is imposed, which steps will the Government take to restrict the number of offences carrying the death penalty and to instruct the prosecutors in all jurisdictions to cease pursuing death sentences?
NETHERLANDS
• Paragraph 61, 62 and 63 of the national report states that the death penalty is authorized by 35 states, the federal government and the U.S. military. However, paragraph 63 also states that there are currently 16 jurisdictions without the death penalty. Would the U.S. Government consider abolishing or declaring a moratorium on the death penalty within the federal and military jurisdictions? If negative, could the U.S. government elaborate on the challenges?
RUSSIAN FEDERATION
• As of now, the death penalty is abolished in only 15 States of the US, while judicial errors are not uncommon in the passing of death sentences – for the last 30 years more than 100 persons sentenced to death have been acquitted after execution. Does the United States consider imposing a moratorium on the death penalty?
SWEDEN
• In its resolutions 62/149 of 18 December 2007 and 63/168 of 18 December 2008, the UN General Assembly called on states to establish a moratorium on executions with a view to abolishing the death penalty. While welcoming the repealing of the use of capital punishment in some states of the United States, Sweden regrets the recurring sentencing of persons to death as well as the carrying out of executions in many states. In its national report to the UPR, the United States refers to existing procedural safeguards applied in cases in which the death penalty may be imposed. Nonetheless, Sweden is concerned about the continued incidence of death sentences against and executions of persons in cases in which concerns have been raised over circumstances affecting the proceedings, including with regard to the mental health of defendants. Sweden also regrets the breaking of de facto moratoria on executions in a number of separate states in 2010. Could the Government of the United States of America elaborate on the status of the death penalty, including in relation to the resolutions of the UN General Assembly, and with regard to whether there are any plans, notwithstanding the current system of allowing individual states within the United States to determine the status of the death penalty, on the part of the national government to impose an official moratorium on executions toward the complete abolition of the death penalty in the country?
SWITZERLAND
• Death penalty: Several US states have abolished the death penalty in the last years. Could the state and federal authorities impose a moratorium on executions with a view to abolishing the death penalty nationwide and ensure that prosecutors in all jurisdictions cease pursuing death sentences?
UNITED KINGDOM
• The UK remains concerned about the continuing use of the death penalty in the US, and particularly by evidence that the death penalty is administered in an arbitrary and discriminatory manner with an inevitable risk of irreversible miscarriages of justice. Could you tell us what steps the Administration is taking to address these concerns?
NORWAY
• Several UN Treaty Bodies, including the Human Rights Committee, the CERD and the Committee against Torture, have raised concern about the application of the death penalty in the US. What steps has the US Government taken to implement the recommendation to review federal and state legislation with a view to restricting the number of offences carrying the death penalty? Does the US Government intend to take steps to ensure that state and federal authorities impose a moratorium on executions with the view to abolish death penalty nationwide?
Special Procedures
DENMARK
• Would the United States consider issuing a standing invitation to the United Nations special procedures?
LATVIA
• According to the information by the Office of the UN High Commissioner for Human Rights, 72 countries from different regions of the world have issued standing invitations to all special procedures of the Human Rights Council.
Considering previous cooperation of the United States of America with special procedures mandate holders - would your country consider extending a standing invitation to all special procedures of the Human Rights Council in the future?
NETHERLANDS
• The national report submitted by the United States of America ends with paragraph 100, stating that the United States views participation in this UPR process as an opportunity to discuss with fellow members of the Human Rights Council their accomplishments, challenges and vision for the future of human rights. In addition, paragraph 16 of OHCHR compilation states that the U.S. has received many visits or mission reports by special rapporteurs (e.g. working group of experts on African descent in January 2010). Taking this two paragraphs into account, the Netherlands would like to ask whether the U.S. Government is considering extending a standing invitation to special procedures (special rapporteurs, independent experts and treaty bodies) for work visits to the United States? If positive, when? If negative, could the government of the U.S. elaborate on the challenges they are facing not to extend a standing invitation?
Indigenous Rights
BOLIVIA
• Paragraph 38 of your national report, you admit the existence of promises not kept in relation to the federal government and Indigenous Peoples of Alaska, and recognize the need of an urgent change, observing that the rate of unemployment in some indigenous communities is almost of 80% and at least the forth part of Native Americans live in poverty. Can you explain, what concrete measures the federal government has taken to guarantee the respect of the ancestral indigenous lands by extractive industries? And, ¿what measures exist to ensure the participation of Indigenous Peoples in decision making that affect their natural environment, their means of subsistence and culture?
GERMANY
• CERD recommended, inter alia, that the US recognize the right of Native Americans to participate in decisions affecting them, and consult in good faith with them before adopting and implementing any activity in their lands, and that the United Nations Declaration on the Rights of Indigenous Peoples be used as a guide to interpret the State obligations under the Convention relating to indigenous peoples. Germany would be grateful for information how the United States of America is following-up on this recommendation.
NORWAY
• What is the scope for endorsement of the UN Declaration of the Rights of Indigenous Peoples and ratification of ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries? Could a national human rights institution, established in accordance with the Paris Principles, help advance indigenous issues in the United States?
Human Rights Education
SLOVENIA
• Does the government of the USA plan to introduce human rights education into primary and secondary educational curricula?
NETHERLANDS
• In reference to paragraph 5 of the national report, quoting Secretary of State Hillary Clinton that ‘human rights are universal, but their experience is local. This is why we are committed to holding everyone to the same standard, including ourselves’, what concrete measures does the U.S. Government take to promote awareness about universal human rights and the U.N. human rights system within the United States, especially among young people? In particular, how is education about universal human rights, which include social, cultural and economic rights, integrated into school programmes?
Rights of the Incarcerated
BOLIVIA
• In paragraph 58, you say that are engaged in protecting the rights of incarcerated people. In paragraphs 83, 84, 85 and 87 mention presidential orders to respect that include the reference of Guantanamo and other detention centers in other countries. Can you indicate if, effectively all the detention centers in other countries directed by the CIA have been closed down following the presidential orders? What concrete measures have you taken to sanction the responsible of tortures and abuse against detainee’s dignity under the control of the United States in Guantanamo and other detention center in other countries? Can you indicate what mechanisms of compensation are you thinking of implementing for the unjustified detentions?
NETHERLANDS
• While the Netherlands welcomes the report of the independent National Prison Rape Elimination Committee as described in paragraph 59 of the national report, could the U.S. Government specify which comprehensive regulations are in the process of development by the Department of Justice to protect vulnerable groups against sexual violence, in particular LGBT persons? And can the U.S. Government pledge to implement the July 2006 Human Rights Committee recommendation to prohibit the shackling of detained women during childbirth?
SWEDEN
• In its latest consideration of the United States of America in 2006, the Human Rights Committee expressed its concern at some aspects of the conditions of persons deprived of their liberty in the United States, recommending compliance with the requirements of article 10 of the International Covenant on Civil and Political Rights and the UN Standard Minimum Rules for the Treatment of Prisoners. In its national report to the UPR, the government of the United States cites measures taken to protect the rights of incarcerated persons. Nonetheless, civil society organizations have reported restrictions and concerns relating to different aspects of the treatment of the country’s over two million prisoners. Prisoners in maximum security prisons are reported to often be incarcerated in very restricted spaces with little recourse to work or exercise. Prisoners in general are often denied the right to vote, while in some states of the United States, former prisoners may be banned from voting even after the completion of their prison sentences. Could the Government of the United States of America elaborate on the measures it is taking to ensure the full enjoyment of human rights persons deprived of their liberty, including by way of ensuring treatment in maximum security prisons in conformity with international law and of ensuring the enjoyment of the right to vote both by persons deprived of their liberty and of persons who have completed their prison sentences?
Human Rights and Counter-Terrorism
BOLIVIA
• In paragraph 58, you say that are engaged in protecting the rights of incarcerated people. In paragraphs 83, 84, 85 and 87 mention presidential orders to respect that include the reference of Guantanamo and other detention centers in other countries. Can you indicate if, effectively all the detention centers in other countries directed by the CIA have been closed down following the presidential orders? What concrete measures have you taken to sanction the responsible of tortures and abuse against detainee’s dignity under the control of the United States in Guantanamo and other detention center in other countries? Can you indicate what mechanisms of compensation are you thinking of implementing for the unjustified detentions?
NETHERLANDS
• Taking into account the recommendations made by the special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism after his visit in 2007 (ref. A/HRC/6/17/Add.3 dated 22 November 2007), taking into account paragraphs 71, 72, 73 and 74 of the OHCHR compilation, and taking into account paragraphs 84 – 88 of the national report, could the U.S. Government provide an update on the status of the recommendations made by the special rapporteur?
RUSSIAN FEDERATION
• The present Administration of the United States has announced a number of measures in order to obviate some of the gravest violations of human rights in the context of fight against terrorism, ensure observance of the law in the process of interrogation, close the so-called ‘CIA secret prisons’ and the detention center at the US naval base in Guantanamo Bay (Cuba). What administrative and legislative steps are taken by the United States to hold accountable persons (including medical personnel) who had tortured detainees in US secret prisons as well as detention centres in Bagram (Afghanistan) and Guantanamo Bay? What is being done to provide effective remedies to civilian victims of the “war on terror”, including the detainees of the secret prisons and centers in Guantanamo and Bagram?
UNITED KINGDOM
• Could you please outline the next steps needed to ensure the final closure of the detention facility in Guantanamo?
NORWAY
• The UN Committee against Torture has expressed concern about acts of torture or ill-treatment committed by certain members of the State’s military or civilian personnel in Afghanistan and Iraq, and recommended that the State take immediate measures to eradicate all forms of torture and ill-treatment of detainees by military or civilian personnel, in any territory under its jurisdiction, and thoroughly investigate such acts. What steps have the US government taken to implement these recommendations?
Human Rights Commission
RUSSIAN FEDERATION
• The United States has not established an independent national human rights institution in accordance with the Paris Principles up to date. Does the United States intend to comply with the recommendations of the Committee on the Elimination of Racial Discrimination, the Committee on Human Rights as well as the Working Group on People of African Descent to establish this institution?
UNITED KINGDOM
• Please could you elaborate on whether the US Commission on Civil Rights operates in compliance with the Paris Principles designed to guide the practice of such institutions? What steps are you taking to ensure that there is an institution in the US which operates in compliance with the principles?
NORWAY
• To what extent, and through which practices, does the Federal Government hold the individual states accountable for implementing international human rights law? Will the need for human rights institutions at the federal level be reviewed in order to further ensure that human rights are being implemented in all states in line with the relevant international treaty obligations?
ESCR/Health/Reproductive Rights and Structural Racism
BOLIVIA
• Paragraph 31 of your national report recognized the lack of equity and equality between African Americans and Hispanics in comparison to Whites. You affirm that you are trying to ensure that equal opportunity is a real experience for everyone. Could you explain, what effective measures has the United States taken to review norms and practices that in effect have created disparities in access to employment, education, housing, health, and justice, and what measures do you expect to take to eliminate persistent disparities exposed in those five areas?
RUSSIAN FEDERATION
• About 30 % of the population of the United States has insufficient revenue to meet its basic needs. 24.7 per cent of Afro-Americans and 14.5 per cent of women live below the poverty line officially established on the federal level. Every fifth child also lives in poverty. Which steps does the United States plan to take to combat poverty?
JAPAN
• As the United States itself acknowledges, there still exist disparities in the treatment of African-American and Native-American persons in the areas of employment, housing, education, and health care (A/HRC/WG6/9/USA/1 paragraphs 31 and 71), and treaty bodies continue to comment on this issue (A/HRC/WG6/9/USA/2 paragraphs 57-63). We hope that the measures outlined in the National Report will bring favorable results. We would like to know if there has been any additional action taken beyond that covered in the Report as well as what measures have been given priority in abolishing such disparities.
NORWAY
• The Center for Reproductive rights has brought to our attention that African American women and Latinas have a significantly higher risk of maternal mortality, sexually transmitted infections and unintended pregnancy. What steps does the U.S. government plan to take to address the disparities in reproductive and sexual health?
JLWOP
SWITZERLAND
• Juvenile justice: Are the US envisaging to end the use of life imprisonment without parole for offenders under 18 years old at the time of the crime, and to review all existing sentences in order to ensure that any such convicted offender has the possibility of parole?
Asylum Seekers/Immigration Detention
SWITZERLAND
• When does the U.S. intend to provide prompt court review of the need for detention for arriving asylum seekers and other arriving aliens who are detained?
NORWAY
• We have noted UNHCRs concerns regarding the amended immigration and asylum laws. Is there an intention to revise these laws, including the immigration detention system?
Racial Profiling
BOLIVIA
• Paragraph 50 of your national report it is recognized that “utilization of racial and ethnic profiles is not effective in the application of the law”, and it is not coherent to the criminal justice system. Can you explain, what concrete measures have you taken to monitor that all security forces at the state and federal level do not use racial and ethnic profiles? If taking, what are the accomplishments? What measures states and the federal government to prevent the proliferation of migrant laws that generate “racial profiling”, like the approved Arizona Law?
Labor Rights / Migrant Workers
BOLIVIA
• Paragraph 23 of your national report you announce that currently there are various legislative projects in Congress that can fortify workers’ rights, guaranteeing that they can continue associating freely, unionizing and bargain collectively. Can you explain, what concrete measures has your government taken for the National Labor Relations Act – NLRA and the Fair Labor Standards Act - FLSA) stop excluding domestic workers and farm workers?
• Paragraph 80, affirm that as a fundamental truth of your Constitution that everyone is created equal and has inalienable rights and that this is also a universal truth. Paragraph 96, of your national report indicate that your President continue decided to repair the failures of your immigration system and that your government will continue government with Congress and affected communities. Can you explain what concrete measures has your government taken to prohibit legislation at the federal and state level that discriminate the enjoyment of labor and employment rights according to the immigrant status? What concrete measures has your government taken to investigate and sanction individuals involved in the recruitment of guestworkers visa H2a y H2b that have become forced labor and contemporary forms of slavery o have benefited from this situation?
NGO Engagement
UNITED KINGDOM
• We welcome the extent to which Civil Society was consulted in the preparation of your national report. Could you tell us if the same level of civil society consultation will continue during the follow-up to this review?
Consular Notification
UNITED KINGDOM
• The UK welcomes the US Administration’s commitment to comply with its international obligations on consular notification and access to foreign nationals in US custody. Could you tell us what steps have been taken to ensure compliance at all levels and branches of law enforcement in the USA?
Equal Opportunity/LGBT Rights
UNITED KINGDOM
• The UK also welcomes your commitment to seek progress in achieving greater fairness for minorities, persons with disabilities and LGBT individuals amongst others. Could you tell us what efforts the Federal government has recently made to ensure consistency and equality across the individual States?
NORWAY
• We have noted concerns that it remains legal in several states to discriminate in employment based on sexual orientation as well as gender identity or expression. What steps will the US government take to eradicate such discrimination? Will the government consider prohibiting discrimination against individuals because of their sexual orientation or gender identity by federal law?
Reproductive Rights
UNITED KINGDOM
• Has the US government conducted any studies on the effects the Mexico City provisions on foreign assistance, whilst in force, may have had on the rights of vulnerable women abroad? If so, could you elaborate on the findings?
NORWAY
• The Global Justice Center (GJC) filed a shadow report for the universal periodic review of the US expressing concern with regard to US blanket abortion restriction on humanitarian aid and abortion speech restrictions on US rule of law and democracy programs. Does the US have any plans to remove its blanket abortion restrictions on humanitarian aid covering the medical care given women and girls who are raped and impregnated in situations of armed conflict? Does the US government apply abortion speech restrictions on its rule of law and democracy programs?
Police Brutality/Excessive Force by Law Enforcement
JAPAN
• Concerns have been raised about allegations of the use of excessive force by law enforcement officials against, inter alia, Latino and African-American persons and undocumented migrants (A/HRC/WG6/9/USA/2 paragraphs 30 and 41). We would like to know what legal action (A/HRC/WG6/9/USA/1 paragraph 58) and other measures, i.e. training of officials in law enforcement entities on the protection of human rights, public awareness campaigns, etc., have been taken to address this.
US Foreign Aid
NORWAY
• The Rebuilding Alliance has brought to our attention the model framework expressed by the Leahy Laws. What steps are taken to ensure that these are applied with respect to all countries receiving US’ security assistance? To what extent are the human rights records of all units receiving such assistance documented, evaluated, made available and followed up upon in cases of abuses?
