US State Department Releases UPR Report

Human Rights USA welcomes the US Government’s report on its human rights record, submitted today to the United Nations Human Rights Council. The 29-page report, prepared for the Human Rights Council’s Universal Periodic Review process, provides extensive evidence of the US’s longstanding global leadership in human rights.

The self-reflection throughout the report, which documents genuine successes in advancing human rights, is to be applauded. At the same time, the report correctly identifies several areas where we, as a nation, still fall short of achieving our goals of equality, fairness, and dignity for all people.

However, the few concessions regarding the gaps between international human rights goals and US domestic policies do not go quite far enough. In sections addressing economic and social rights, for example, the report describes social services available for the most vulnerable among us – housing, health care, education, employment, food – as generosity desired by the public and thus duly enacted by elected officials. Such goodwill is an admirable American characteristic, to be sure, but it should not be confused with a rights-based framework.

As the famous saying goes, every right has a remedy. That is not the case when our government helps our fellow human beings meet their basic needs out of benevolence, rather than recognizing their right to live and work with dignity. A rights-based approach would ensure that these programs always exist, that they are designed to support everyone’s needs equally, and that they include the means for correcting inequities. The recent debate over extending unemployment benefits shows how the current system allows something as basic as one’s own home to become politicized. Can we really leave such fundamental human needs as food and shelter to political whims? President Roosevelt said one of the cornerstones of American security is Freedom from Want. The US should affirm that now by ratifying the International Covenant on Economic, Social, and Cultural Rights and protecting those rights in US law.

Remedies, enforcement, and accountability are important components of the international human rights system. Rather than turning those actions over to an international body, each nation is responsible for providing human rights protections within its own legal system. But the US still needs to take some important steps to fully implement the human rights values we share with the world. For example, the report cites the human rights treaties the US has ratified, but does not note that in most cases, the rights expressed in those treaties cannot be enforced by US courts without additional legislation. Thus many US citizens who have suffered harmful, discriminatory impacts of government-funded programs, for example, have no way to set things right if they cannot prove the government specifically intended that harm. Proof of intent is not needed under international human rights standards for discrimination; the focus is, and should be, on the damage done to the individual. Just to cite one example, residents of communities of color disproportionately impacted by preventable toxic pollution have taken their case to the Inter-American Commission on Human Rights after US courts denied them a remedy.

Along the same lines, paragraph 86 of the US report reads, “It takes vigilant action to prevent [torture] and to hold those who commit acts of official cruelty accountable for their wrongful acts.” Exactly where and when will those who committed and ordered torture be held accountable? The report does not answer that obvious question, nor does it resolve the ongoing concerns about trials by military commissions.

In issues like national security and immigration, where the federal government has primary responsibility, it also has the obligation to enact policies that protect human rights and provide accountability and redress for victims. But as a federal system, human rights implementation must also happen at the state and local levels. This fact becomes most obvious in the report's sections on criminal justice, particularly the description of the US death penalty. These gaps in implementation at the state and local level prevent the US from solving many human rights problems and putting our values of equality into practice. The report says little about how the federal or state governments intend to create an effective national human rights program.

In the report, the US Government says it wants to lead the world to a better future, and that it intends to provide friends and foes alike with a model of what that future looks like. To get there, the US urgently needs a national system that fully integrates our human rights obligations into federal legislation and policies and fosters involvement at the state and local levels. This system should include an implementation body such as an executive branch Interagency Working Group to serve as a focal point to ensure coordination of all federal departments and agencies. It would also need an independent, non-partisan monitoring body such as a US Commission on Civil and Human Rights, as well as effective coordination with state and local state officials, including civil and human rights agencies. (For more details about these recommendations, see the report on treaty ratification and implementation submitted to the UN earlier this year, which Human Rights USA helped write, and the Human Rights at Home Campaign, of which Human Rights USA is a member.)


“Human rights are universal, but their experience is local,” as Secretary of State Hillary Clinton has said, reiterating Eleanor Roosevelt. This truth is the reason for Human Rights USA’s work, including our continuing efforts to support the UPR process and make sure concerns like these reach the UN and the highest levels of the US Government. With appreciation for the progress this report represents and the accomplishments cited within it, significant work is still needed to make human rights real for everyone in the US.

An Interview with Kate Voigt, Human Rights USA Legal Intern

Kate Voigt is a third year at Boston College Law School. She plans to do public interest work in the immigration and human rights fields after she graduates in the Spring.

What brought you to Human Rights USA?

I head great things about their work from a friend at Boston College who had interned here. I was excited to work on litigation that dealt directly with human rights issues.

What have you learned here?

A ton! It’s been so informative to see how much work goes through the kinds of cases Human Rights USA handles. My work here has sharpened my research skills and given me great background in the different ways to advocate on behalf of trafficking victims. My time here has definitely reaffirmed my desire to do public interest work after law school.

Have you had any particularly touching experience while working with Human Rights USA?

I was able to meet Anthony Chai in June after having worked on a few projects related to his case. It was encouraging to see how the short report I wrote on his situation made it easier for him to advocate on his behalf.

Asylum Granted!

Today the New York Immigration Court granted asylum to a young woman fleeing a forced marriage in her native Guatemala. "Sofia" (a pseudonym to protect her identity) was only 13 years old when her father and grandfather ordered her to live with her 26 year old former second grade teacher as his wife. The teacher had been visiting Sofia and sending her letters in an attempt to convince her to be his girlfriend. Sofia had been frightened but did not know what to do to put a stop to his pursuit of her.

When her family found out that the teacher had been sending Sofia letters, and that rumors had spread in their village that Sofia and the teacher were dating, her father and grandfather told her she must go live with the teacher to keep from bringing shame to the family. Though Sofia did not want to live with this man, she knew that no one in her village, including the police, would defy her family's wishes and help her. By moving in with the teacher, she was considered his wife in rural Guatemalan custom.

Once Sofia was in his home, the teacher raped her repeatedly, refused to let her see her friends and family or continue going to school, and verbally abused her whenever she was "disobedient." Sofia was required to perform domestic labor for the teacher and his parents and work in the family business. She endured this sexual and domestic slavery for two years before finally finding an opportunity to escape. Her family in Guatemala had already refused to help her escape the teacher's abuse, so she fled to the U.S. to be free from the forced marriage.

Sofia received assistance and social services from the Door, an organization dedicated to helping young people in New York, and attorneys at the Door contacted Human Rights USA. Human Rights USA filed an asylum application on behalf of Sofia in June 2008, arguing that the forced marriage, sexual and domestic slavery she had endured and would likely face again if returned to Guatemala qualified her for asylum protection. On August 13, 2010 the Immigration Judge agreed, granting asylum to the 18 year old.

Sofia will now be able to remain in New York where she has been attending high school for two years. She hopes to become a teacher or social worker one day and help other young people make better lives for themselves.

Sofia's successful case is a ray of hope for other women who have fled forced marriages or other forms of human trafficking and have no hope of protection in their native countries. By granting asylum to Sofia and others like her, the U.S. reaffirms its commitment to protect refugees and survivors of trafficking and to uphold the rights to consensual marriage, freedom from persecution and torture, and freedom from gender-based abuse enshrined in treaties and domestic laws.

Call for Videos: Tell Your Human Rights Story to the United Nations!

Nationwide, United States of America: You now have a chance to speak at the United Nations in Geneva, Switzerland. Through the Testify! Project you can submit 30 second to 2 minute video testimony on human rights concerns in your community. Selected submissions will be played for UN officials during preparation for the first ever UN review of the US Government's entire human rights record, called the Universal Periodic Review (UPR).


WHAT: The Testify! Project documents human rights concerns and violations in the United States using short videos and 1 page written testimonies. These videos and testimonies are
an important way to explain to the US Government and representatives from the rest
of the world whether the US is complying with its human rights obligations and how
it can improve.

Submissions should tell a story about an injustice occurring in your area and
suggest a solution to the US government. Submissions can focus on virtually any
social justice issue, including but not limited to: labor rights; women's rights;
immigrant rights; access to necessities like food, housing, education, health care;
discrimination based on race, gender, sexual orientation, disability or identity;
environmental (in)justice; racial profiling; censorship; and any other rights
mentioned in the Universal Declaration of Human Rights or other key human rights
documents.

WHERE: This online contest is on www.testifyproject.com. Videos can be uploaded directly to the YouTube Group.

WHEN: A compilation of submitted videos will play in Geneva, Switzerland at the UN
in September and again right before the U.S. government is reviewed as part of the
UPR on November 5th, 2010. Finalist videos will be shown in their entirety. Each
deadline will have one winner, receiving the following prizes:

1) To qualify to join a US Human Rights Network delegation to Geneva to present
your story to UN delegates in-person, submit your video on or before August 20th
at 11:59 pm.
2) To qualify for a new Flip Camera, to continue your video activism, submit
your video by October 8th at 11:59 PM EST.

WHY: For the very first time, the United States faces a review of its entire human
rights by other countries as part of the UPR. This new review process, developed in
2006, reviews every country in the world by the same standards. The United States
government will have to answer questions from other countries about how well the US
follows the 1948 Universal Declaration of Human Rights, the UN Charter, and
international human rights treaties.


To be sure that the questions asked and recommendations made reflect what is
happening here in the United States, we need you to tell your story. Individuals and
non-profit organizations from the U.S. will share your stories at an event at the UN
in Geneva this September to influence the questions that are part of the November
review. Testify! Project submissions will show these delegates what violations we
are facing in the United States.

www.ohchr.org
www.ushrnetwork.org
http://www.testifyproject.com

Intern Spotlight: Kate Greenberg

Kate Greenberg is a third year law student at Temple University in Philadelphia, who plans on pursuing a career in public interest law, specifically LGBT rights.

Why Human Rights USA?
I was looking for jobs where I could work on issues in regards to gender and sexuality, human rights, or a combination of the two. I was impressed with Human Rights USA’s work with trafficking.

What has Human Rights USA done for you?
Working here has reinforced my desire to go into public interest law. My research, especially about domestic violence, constantly reminds me that there are a lot of inherent problems in the legal system that bar peoples’ access to justice.
Working on trafficking cases allowed me to gain a lot of hands on experience. I have seen the forming of trial strategy and the nuts and bolts of the writing and editing process, and I have learned about various international instruments that the U.S. has been integrating into domestic practice. I have also gained an appreciation for the nonprofit world and an understanding of how a nonprofit works.

How has Human Rights USA benefited from your help?
Well, I kept everyone well caffeinated.
But seriously, I hope that I will contribute to an eventual victory in the important case I have been working on.

Taylor, Jr. Decision Makes Headlines

The appellate court decision in the Chuckie Taylor Case is making headlines all over the world. Read the full story online.