Obrázky stránek


Statement of—Continued

Page McHenry, Hon. Donald, U.S. Ambassador to the United Nations...- 395 Miller, Hon. George, a Representative in Congress from California.- 131 Moore, John Norton, University of Virginia School of Law, Charlottes

ville, Va., and vice chairman, section of international law, American
Bar Association..

66 Newman, Hon. Frank C., Associate Justice, Supreme Court of California, Sacramento, Calif..

231 Oliver, Covey T., professor of public affairs, Rice University, Houston, Tex.

118 Owen, Roberts B., Legal Advisor, Department of State, accompanied by Arthur Rovine, Assistant Legal Advisor.-

24 Redlich, Norman, dean, New York University Law School, and

trustee, Freedom House, New York, N.Y., accompanied by Leonard
R. Sussman, executive director, Freedom House

248 Schachter, Oscar, professor, Columbia University School of Law, New York, N.Y..

85 Schlafly, Phyllis, Alton, Ill..

104 Shestack, Jerome J., president, International League for Human Rights, New York, N.Y.

338 Simmons, Althea T. L., director, Washington Bureau, National Asso

ciation for the Advancement of Colored People, Washington,

Sklar, Morton H., chairman, Washington, D.C. Office of the Helsinki
Watch Committee for the United States..

260 Sohn, Louis B., Bemis professor of international law, Harvard University Law School, Cambridge, Mass.-

90 Weissbrodt, David, professor, University of Minnesota School of Law, Minneapolis, Minn.

175 Wipfler, Rev. William L., director, Human Rights Office, National Council of Churches, Washington, D.C.--

352 Yost, Hon. Charles, former U.Š. Ambassador to the United Nations, Washington, D.C..

3 Insertions for the record: Prepared statements of Hon. Jesse Helms...

7, 227
Prepared statement of Hon. Arthur J. Goldberg-
Prepared statement of Hon. Warren Christopher.
Status of the Genocide Treaty in the Senate.
Prepared statement of Roberts B. Owen..
Prepared statement of Jack M. Goldklang-
Reservations to the Civil and Political Rights Covenant submitted by

Mr. Rovine...
Critique on the reservations proposed by the Department of State

submitted by the Lawyers Committee for International Human

48 Response by the Department of State to the Critique of Reservations

to the International Human Rights Covenants by the Lawyers Com-
mittee for International Human Rights.

54 Ms. Patricia Derian's responses to additional questions submitted by Senator Helms.--

57 Prepared statement of Hon. Claiborne Pell, cochairman of the Commission on Security and Cooperation in Europe..

60 Biographical sketch of John Norton Moore..

65 Prepared statement of John Norton Moore.

69 Biographical sketch of Tom Kahn.

76 Response to Senator Pell's query re Which State Department Reservation the NAACP Objected To; submitted by Althea Simmons..

81 Mr. Moore's response in connection with the Power Authority of New York v. the Federal Pouer Commission.

83 Biographical sketch of Prof. Oscar Schachter.

84 Prepared statement of Prof. Oscar Schachter.

87 Biographical sketch of Prof. Louis Bruno Sohn..

89 Prepared statement of Prof. Louis B. Sohn..

92 Prepared statement of Prof. Thomas J. Farer.

97 Prepared statement of Phyllis Schlafly

106 Prepared statement of Bruno V. Bitker.

116 Prepared statement of Prof. Covey T. Oliver..


[ocr errors]
[ocr errors]


129 132 138

141 163 164 168 175



230 231 239 247 251 255 257 258 263 266


Insertions for the record— Continued

Letter from Bruno V. Bitker to Senator Pell, dated November 28, 1979,

concerning Genocide Convention...
Prepared statement of Hon. George Miller.
Biographical sketch of Prof. Louis B. Henkin...
Article submitted by Prof. Louis Henkin: The Constitution, Treaties,

and International Human Rights; from the University of Pennsyl

vania Law Review, April 1968.
Prepared statement of Prof. Louis B. Henkin.
Biographical sketch of Prof. J. Philip Anderegg-
Prepared statement of Prof. J. Philip Anderegg-
Biographical sketch of Prof. David Weissbrodt-
Article submitted by Prof. David Weissbrodt: U.S. Ratification of

the Human Rights Covenants; from the Minnesota Law Review,

November 1978...
Letter from Tadeusz Sadowski to Senator Pell, dated December 3,

1979, in reference to the status of treaties in Soviet law....
Letter from J. Philip Anderegg to Senator Church, in reference to

article 7(c) of the International Covenant on Economic, Social, and

Cultural Rights...
Biographical sketch of Justice Frank C. Newman..
Prepared statement of Walter J. Landry..
Biographical sketch of Dean Norman Redlich.
Prepared statement of Dean Norman Redlich..
Biographical sketch of John Carey-
Prepared statement of John Carey -
Biographical sketch of Morton H. Sklar.
Prepared statement of the Washington Helsinki Watch Committee..
Prepared statement of Harry A. Inman..
Statement from International Human Rights Law Group, in reference

to what they have done in the past year.
Witnesses response to additional questions requested by Senator

Biographical sketch of Prof. Oscar M. Garibaldi.
Prepared statement of Prof. Oscar M. Garibaldi.
Prepared statement of Prof. Thomas Buergenthal.
Prepared statement of John Lawrence Hargrove..
Prepared statement of Jerome J. Shestack
Prepared statement of Rev. William L. Wipfler.
Prepared statement of Monsignor Francis Lally.
Article supplied by Department of State: Covenant Open for Signa-

ture by Any Member of U.N. or Party to ICJ..
Prepared statement of Sidney Liskofsky-
Prepared statement of Dr. John R. Houck.

Pre statement of Dr. David Hinkley -Appendix:

Letter to Senator Church from President Jimmy Carter, dated No

vember 30, 1979.---
Prepared statement of Edward F. Snyder on behalf of the Friends

Committee on National Legislation, Washington, D.C.
Letter to Senator Church from American Hungarian Federation, dated

December 13, 1979.-
Prepared statement of Sarah Goddard Power, chairman, U.S. National

Commission for the United Nations Education, Scientific and Cul

tural Organization..., Letter to Senator Church from the International Union, United Auto

mobile, Aerospace and Agricultural Implement Workers of America

UAW, dated November 29, 1979..
Prepared statement of Western New York Lawyers Committee for

International Human Rights.
Prepared statement of Denise Tourover Ezekiel, representing Ha-

dassah, the Women's Zionist Organization of America, New York,

Prepared statements of Mary Grefe, president, American Association

of University Women; Dr. Wes Schwemmer Cady, Association In-
ternational Relations Representative; Katherine Eaton, chairman,
Association Legislative Program Committee; Carol Leimas, AAUW
United Nations Representative; on behalf of the American Associa-
tion of University Women, Washington, D.C.---

275 319 323 330 336 340 355 371

[ocr errors]

399 402 409 420















474 476




Letter to Senator Church from American Newspaper Publishers

Association, dated December 28, 1979.-
Prepared statement of Dana D. Fischer, assistant-professor, George

Washington University ---
Prepared statement of James E. Wood, Jr., executive director, the

Baptist Joint Committee on Public Affairs, Washington, D.C----
Prepared statement of Board of Church and Society, the United

Methodist Church, Washington, D.C.----
Prepared statement of Unitarian Universalist Association, Washing-

ton, D.C.--
Prepared statement of Dr. Kenneth L. Teegarden, general minister

and president, Christian Church (Disciples of Christ) in the United

States and Canada.-
Resolution adopted by the United Presbyterian Church in the U.S.A..
Prepared statement of Edna McCallion, director, United Nations

Affairs, Church Women United, New York, N.Y.-
Text from the United Nations Office of Public Information: Universal

Declaration of Human Rights..
Human Rights Committee Publishes Views on First Case Dealt With

Under Optional Protocol to Civil and Political Rights Covenant-
Press Release from the Department of Public Information, United

Nations, New York, N.Y.
International Covenants on Human Rights—From the United Nations

General Assembly, 34th session, item 84(b) of the provisional
Elimination of All Forms of Racial Discrimination-From the United

Nations General Assembly, 34th session, item 86(b) of the pro

visional agenda-Rights or Wrongs—Editorial commentary from Barron's, October 17,

Defrosting Human Rights in the Senate-An article from the New

York Times, November 24, 1979----
Material submitted by the Library of Congress, Congressional Research

Service, as requested by the Senate Foreign Relations Committee.International Covenants on Human Rights: Excerpt from the Commission on Security and Cooperation in Europe's November 1979

report on U.S. compliance with the Helsinki Final Act.
The United States Approach to Ratification of the International

Covenants on Human Rights, by James W. Skelton, Jr., reprinted
from Houston Journal of International Law.--.












Washington, D.C. The committee met, pursuant to notice, at 9:33 a.m., in room 4221, Dirksen Senate Office Building, Hon. Claiborne Pell, presiding.

Present: Senators Pell, Javits, and Helms.

Senator Pell. The Committee on Foreign Relations will come to order.

As the witnesses know, the hearing is scheduled for 9:30, I think perhaps inappropriately. But, as long as it is scheduled for that time and everyone was duly notified, we will begin.

Is the Honorable Arthur Goldberg here?
(No response.)
Senator PELL. Is the Honorable Warren Christopher here?
(No response.)

Senator PELL. Are Ms. Patricia Derian or the Honorable Robert Owen of the State Department here?

(No response.)
Senator PELL. Is the Honorable Charles Yost here?
Ambassador Yost. Yes, Mr. Chairman.

Senator PELL. Wonderful. My dear, old friend is here and I am delighted. We will begin with Ambassador Yost in this case. Would you please come forward, Mr. Yost, while I deliver my opening statement.


The first step toward safeguarding the human rights of all peoples was taken nearly 31 years ago on December 10, 1948. For, on that day, the Universal Declaration of Human Rights was adopted by the United Nations General Assembly.

Eleanor Roosevelt delivered a passionate speech before the General Assembly in support of the Declaration. She said:

We stand today at the threshold of a great event both in the life of the United Nations and in the life of mankind, that is, the approval by the General Assembly of the Universal Declaration of Human Rights recommended by the entire committee. This Declaration may well become the international Magna Carta of all men everywhere. We hope its proclamation by the General Assembly will be an event comparable to the proclamation of the Declaration of the Rights of Man, by the French people in 1789, the adoption of the Bill of Rights by the people of the United States, and the adoption of comparable declarations at different times in different countries.

The International Human Rights Covenants before us today represent the culmination of the commitments we assumed under the Universal Declaration of Human Rights.

But, indeed; the American commitment goes back to the very creation of our Government. We have always believed in human rights and have followed this principle through the years. From the beginning, our Republic was to be a safe harbor for liberty. Government was to be by consent of the governed, with its powers divided among separate branches, and with certain individual rights, such as freedom of speech, freedom of the press, and freedom of religion, decreed to be inviolate. Most Americans felt, along with Thomas Jefferson, that their "great experiment in republican government" would serve as a "standing monument and example for the aim and imitation of the people of other countries."

Of course, if we are to set such an example, we must practice what we preach. We must keep striving to end discrimination and attain basic human rights for minority groups and oppressed peoples.

Speaking personally, in 1956, I was in charge of the International Rescue Committee's Hungarian Relief operation, and I learned first hand about the human rights violations in that nation. I also grow up in an age when barbaric acts of inhumanity were perpetrated without the slightest regard for human life.

Indeed, the Holocaust still stands out as the most massive and savage destruction of people in the history of mankind.

In this connection, my own father, Herbert C. Pell, Jr., was the head of the U.S. Delegation to the United Nations War Crimes Commission in 1943, and was responsible for having genocide declared a war crime. Although, I regret to say, we will not be considering the Genocide Convention during these hearings, let us bear in mind that this treaty stands as the first universal declaration that genocide would never again be tolerated by the community of mankind.

The International Human Rights Treaties before us today represent the first opportunity to give the full force of international law to the principles of human rights. In the world at large, the sad fact is that free government is the exception and repression the rule. But the United States must still persevere in securing the rights of the downtrodden and repressed. Questions surely abound concerning the appropriate method for achieving these lofty goals. These hearings serve as the first step toward a comprehensive review of the options available to us. At the very least, the human rights treaties before us today codify language that everyone should be able to support.

As cochairman of the Commission on Security and Cooperation in Europe, I am concerned that a year from now, when the Second Review Conference is held in Madrid in compliance with the 1975 Helsinki accord, we will be in a poor position to demand full compliance with the Helsinki accords' provisions on the part of the Soviet Union and its allies, if we ourselves have not ratified the foremost human rights conventions in the world.

Senator Javits, do you have an opening statement?

Senator JAVITS. Mr. Chairman, I see Ambassador Yost is at the witness table, and not Mr. Goldberg.

Senator Pell. We are trying to begin on time today, and Ambassador Yost was present.

« PředchozíPokračovat »