Beginning to Enforce a New U.S. Law Against War & Racism

by PeaceNet

PEACENET BULLETIN 20 February 1994

BEGINNING TO ENFORCE NEW U.S. LAW AGAINST WAR & RACISM

On September 8, 1992, the United States adopted a law proclaiming:

"1. Any propaganda for war shall be prohibited by law.
"2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law." Art. 20.

This law also is explicit about the right to live:

"Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life." [Capital punishment is forbidden for persons below 18 and pregnant women.]

Is it possible this law was really adopted and never reported in U.S. media?

Yes.

The law was signed by Pres. Jimmy Carter in 1977 and adopted by the U.S. Senate by 2/3 vote on April 2, 1992, deposited by Pres. George Bush on June 8, 1992, becoming effective on Sept. 8, 1992. It is part of the supreme law of the land because it is a ratified treaty entitled the International Covenant on Civil and Political Rights; Article 20 of this Civil Rights Covenant is quoted above.

Reading additional articles may help explain why the media has not reported adoption of this law.

Article 1 proclaims:

"All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development." [What, then, about the peoples living in Puerto Rico, District of Columbia, U.S. "reservations," Guam, etc.?]

"All peoples may, for their own ends, freely dispose of their natural wealth and resources ... "

Article 2 goes far beyond the written words of the U.S. Constitution, Bill of Rights, and Reconstruction Amendments, proclaiming:

"[The United States] undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. [underlined words all new.]

Article 3 continues, explicitly:

"The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant." Article 23 is a commitment to protectin of families; ARticle 24 provides that "Every child shall have, without any discrimination ... the right to ... measures of protection ...."

We are bringing this law to your attention now for several reasons.

1. Every person in the United States has a right to know that this law was adopted.

2. This Civil Rights Covenant requires the U.S. Government, as a signatory, to publicize the text of the law, which the Government has not done and will not do without tremendous pressure from the people.

3. This law required the U.S. Government to make a report on its successes and failures in enforcement of all of the rights in the Covenant by Sept. 8, 1993. This report has not yet been filed.

4. This law requires the U.S. Government to notify state and local governments of its provisions and to obtain reports from them as to their enforcement of these rights. This has not been done.

5. This law requires the U.S. Government to go before the United Nations Human Rights Committee to participate in a dialog about our successes and failures in "respect"ing and "ensur"ing all of these rights to all individuals in this country, and in providing "effective remedies" when they are denied or abridged.

6. This law requires the U.S. Government to monitor enforcement of all of these rights and to submit supplementary reports every five years, with accompanying dialog with the UN Human Rights Committee.

But the mere words of the law would not be enough to move us to action. The fact is that this process actually changes the behavior of governments!

When Canada, United Kingdom, Australia, and Ireland filed the reports required under this law, the UN Human Rights Committee asked them so many embarrassing questions about their failure to discuss racist beatings and killings and unequal treatment of prisoners and lack of selfdetermination of indigenous peoples, that each of these governments had to make changes in its laws to correct these serious shortcomings. (For citations to this and other facts and law in this Bulletin, see the law review article, Ann Fagan Ginger, "The Energizing Effect of Enforcing a Human Rights Treaty," in DePaul Law Review Vol. 42, pp. 1341-1403 (1993.))

The same kinds of reforms made by Canada and the other "Western democracies" are possible in the U.S. if organizations (nongovernmental organizations, NGOs) take action NOW.

People primarily concerned about the need for peace and equality can NOW begin to participate in the process of getting this law enforced in this country.

How?

By collecting information (short, pithy facts and statistics) on the effects of the failure to stop propaganda for war.

By collecting the same kinds of information on successes (through hate crimes statutes) and failures in efforts to stop advocacy of hatreds that incite to discrimination.

By collecting the same kinds of information on successes and failures to enforce all of the other rights enumerated in the Covenant, Articles 1- 27.

This information can be transmitted to the U.S. State Department NOW for inclusion in its first report to the UN Committee, or for inclusion in a proposed Addendum to that first report, or can be sent directly to the members of the Committee.

Friends, Brethren, CCCO, AFSC, and all other peace churches and organizations have a responsibility -- and a new opportunity -- to participate in the process of getting the U.S. to "ensure and enforce" all of the rights to which it signed our name in 1992.

HERE IS WHAT YOU AND YOUR ORGANIZATION CAN DO NOW:

1. Insist to the State Dept. that they issue a complete, accurate report IMMEDIATELY, as required under the treaty.

2. Send to the State Dept. short statistical information on violations of political and civil rights within your areas of concern for inclusion in the report. Attn: David P. Stewart, Asst. Legal Advisor for Human Rights, U.S. Dept. of State, 2201 C St. NW, Washington, D.C. 20520-6310, with copies to his superiors: Hon. Tim Wirth and John Shattuck, State Dept., and to Pres. Bill Clinton. (Hillary Rodham Clinton could probably also find good use for a copy.)

3. Send copies of your submissions to: U.S. Civil Rights Accountability Project, Box 673, Berkeley, CA 94701 (FAX (510) 848- 6008), for submission directly to the UN Human Rights Committee members, who are authorized under the Covenant to receive such submissions from NGOs.

4. Plan to attend a regional or national conference to critique the U.S. report after it is submitted in order to prepare questions and materials for the UN Committee before it considers the report.

5. Encourage retiring Congressman Don Edwards (D-Cal) to hold hearings of the Subcommittee on Constitutional Rights of the House Judiciary Committee on U.S. responsibilities under the Civil Rights Covenant: to publicize the text nationally and locally, to report, and to monitor enforcement.

6. Plan to attend, or send representatives to the meeting of the UN Committee when it considers the U.S. Report in New York or Geneva. The Accountability Project will notify all organizations that express interest when and where the UN Committee will meet.

7. Send a tax deductible contribution to defray some of the costs of this effort to: Meiklejohn Civil Liberties Institute, Attn. Accountability Project, Box 673, Berkeley, CA 94701-0673. Send $6.00 for the Covenant and Index of rights. Send $16. for a copy of the law review article (all incl. p/handling).

HOWEVER, we must add one more word. Everything said above is absolutely true and legally binding. But the Senate followed the advice of Pres. Bush in consenting to ratification of this Civil Rights Covenant and attached a number of "understandings and reservations" which mean that a person can NOT simply go to court and insist that the judge enforce this new law. This law cannot be enforced in court until it is passed again by both the House and the Senate.

This Bulletin explains what is NOW required of our Government: publicizing, reporting, and monitoring. When we have completed our work on the six tasks above, we will issue another Bulletin suggesting how we can get the reservations removed and use this new law directly in court.

FIRST THINGS FIRST! Now let's do the possible.