AOH :: NEW-LAW.TXT|
VERY important law that the US Government does not want known.
Ä  IN*TOUCH CENSORSHIP (1:375/48) ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ ALT.CENSORSHIP Ä
Msg : #5829 
From : Fwd: 1:2613/335 Mon 14 Feb 94 21:32
To : All
Subj : [misc.activism.progressive] US Govt in Violation of Int'l HR Treaty
From: email@example.com (Fwd:)
Organization: University of Illinois, Dept. of Comp. Sci., Urbana, IL
[A repost - Carl]
From: "Meiklejohn Civil Liberties Inst." <firstname.lastname@example.org>
Subject: US Govt in Violation of Int'l HR Treaty
Date: Mon, 14 Feb 1994 20:02:50 GMT
/* Written 9:43 am Feb 10, 1994 by email@example.com in igc:pax.law */
/* ---------- "Peacenet Bulletin 20 (Feb.1994)" ---------- */
PEACENET BULLETIN 20
Re: BEGINNING TO ENFORCE NEW U.S. LAW AGAINST WAR
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
Is it possible this law was really adopted and never reported in U.S.
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,"
"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
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
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
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
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-
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
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
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
FIRST THINGS FIRST! Now let's do the possible.
For a copy of the Covenant language, and an index of all the rights in
the Covenant, send $5.00 plus $1.00 p/handling to: MCLI, Box 673,
Berkeley, CA 94701-0673.
For a copy of the 60 page law review article mentioned above, send
$10.00 plus $6. p/handling to MCLI.
Carl Kadie -- I do not represent any organization; this is just me.
= firstname.lastname@example.org =
* Origin: COBRUS - Usenet-to-Fidonet Distribution System (1:2613/335.0)
The entire AOH site is optimized to look best in Firefox® 3 on a widescreen monitor (1440x900 or better).
Site design & layout copyright © 1986- AOH
We do not send spam. If you have received spam bearing an artofhacking.com email address, please forward it with full headers to email@example.com.