Friday, August 14, 2015

The United States’ compliance with "The International Covenant on Civil and Political Rights" and the implications for Ukraine and Russia.

Commentary on The United States’ compliance with The International Covenant on Civil and Political Rights -- and the implications of such U.S. policy for Ukraine and Russia.

    

 
So, you'd think that the United States of America, the home of the free, the land of the brave and the cradle of democracy is at the forefront of supporting and promulgating The International Covenant on Civil and Political Rights (ICCPR)?

Wrong!

And guess what?

I don't think that the U.S. will be pushing the new pro-U.S. Ukrainian government to comply with the ICCPR any time soon -- with all ensuing (non-democratic) consequences for Ukrainians!

"In 1994, the United Nations' Human Rights Committee expressed concerns with compliance [by the Unites States]:[93]

Indeed, the United States has not accepted a single international obligation required under the Covenant. It has not changed its domestic law to conform with the strictures of the Covenant.[94]

Its citizens are not permitted to sue to enforce their basic human rights under the Covenant.[94] It has not ratified the Optional Protocol to the Convention against Torture (OPCAT).

As such, the Covenant has been rendered ineffective, with the bone of contention being United States officials' insistence upon preserving a vast web of sovereign, judicial, prosecutorial, and executive branch immunities that often deprives its citizens of the "effective remedy" under law the Covenant is intended to guarantee.

In 2006, the Human Rights Committee expressed concern over what it interprets as material non-compliance, exhorting the United States to take immediate corrective action:[95]"

So what does this covenant contain that provoked the United States' "material non-compliance?"

Probably some repulsive, communist, socialist, anarchist and other pink-o liberal junk that only card-carrying members of the ACLU would dare support?

Let's look at some select articles of the Covenant that apparently are repulsive to American politicians who, having sworn an oath to defend The U.S. Constitution (including its Bill of Rights), stubbornly refuse to ensure U.S. compliance with the Covenant and its provisions:

"Article 6 of the Covenant recognises the individual's "inherent right to life" and requires it to be protected by law.[18] It is a "supreme right" from which no derogation can be permitted, and must be interpreted widely.[19] It therefore requires parties to take positive measures to reduce infant mortality and increase life expectancy, as well as forbidding arbitrary killings by security forces.[19]

Article 7 prohibits torture and cruel, inhuman or degrading punishment.[23] As with Article 6, it cannot be derogated from under any circumstances.[16] The article is now interpreted to impose similar obligations to those required by the United Nations Convention Against Torture, including not just prohibition of torture, but active measures to prevent its use and a prohibition on refoulement.[24] In response to Nazi human experimentation during WW2 this article explicitly includes a prohibition on medical and scientific experimentation without consent.[23]

Article 9 recognises the rights to liberty and security of the person. It prohibits arbitrary arrest and detention, requires any deprivation of liberty to be according to law,[27] and obliges parties to allow those deprived of their liberty to challenge their imprisonment through the courts.[28] These provisions apply not just to those imprisoned as part of the criminal process, but also to those detained due to mental illness, drug addiction, or for educational or immigration purposes.[29]

Articles 9.3 and 9.4 impose procedural safeguards around arrest, requiring anyone arrested to be promptly informed of the charges against them, and to be brought promptly before a judge.[30]

It also restricts the use of pre-trial detention,[31] requiring it to be imposed only in exceptional circumstances and for as short a period of time as possible.[29]

Article 10 requires anyone deprived of liberty to be treated with dignity and humanity.[32]

Article 12 guarantees freedom of movement, including the right of persons to choose their residence and to leave a country.[47]

Article 14 recognizes and protects a right to justice and a fair trial.

Article 18 mandates freedom of religion.[55]

Article 19 mandates freedom of expression.[56]

Article 20 mandates sanctions against inciting hatred.[57]

Articles 21 and 22 mandate freedom of association.

Article 27 mandates the rights of ethnic, religious and linguistic minority to enjoy their own culture, to profess their own religion, and to use their own language.[62]"

Wow, aren't you glad that the U.S. Political Establishment refuses to support this Covenant and its apparently anti-democratic and anti-American provisions that freedom loving Americans just wouldn't want the United Nations to shove down their throats?

And with all that in mind the United States is going to try to lead the crusade for freedom and democracy around the world, including Ukraine and Russia?

As they say, charity starts at home.

https://twitter.com/URA_Observer/status/632298557417123840

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