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Obama Urged to Fully Comply with Anti-Torture Treaty
NEW YORK - The fifteenth anniversary of the U.S. ratification of the United Nations Convention Against Torture passed last week with little fanfare and virtually no press attention from the mainstream media here.
But according to the American Civil Liberties Union (ACLU), "U.S. policy continues to fall short of ensuring full compliance with the treaty."
For example, the organisation said that an appendix to the Army Field Manual (AFM) can still facilitate cruel treatment of prisoners and detainees at home and abroad.
The Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment (CAT) is the most comprehensive international human rights treaty dealing exclusively with the issues of torture and abuse. It came into effect in 1987, and has been ratified by 146 countries.
The treaty was initially signed by the Ronald Reagan administration in 1988 and was ratified by the Senate on Oct. 21, 1994, but with reservations, understandings and declarations (RUDs) that failed to make the treaty fully applicable.
The administration of former President George W. Bush exploited these RUDs to justify abusive interrogation policies, including the use of waterboarding, stress positions, extreme isolation and sleep deprivation.
In 2006, the Committee Against Torture, which reviews country compliance with CAT, criticised the U.S. for failure to uphold the treaty and called for full compliance.
After taking office, President Barack Obama issued an executive order prohibiting torture. But under an appendix to the 2006 revised U.S. Army Field Manual - the most recent edition - practices considered incompatible with CAT and international law are still allowed. These include force-feeding, psychological torture, sleep and sensory deprivation.
And under Appendix M to the AFM, detainees can be "separated" or held in isolation from other detainees for 30 days, or longer with authorisation, and allowed only four hours of continuous sleep per night over 30 days, which can be prolonged upon approval.
Jamil Dakwar, director of the ACLU Human Rights Programmr, told IPS, "The president's first nine months in office have signaled a policy shift on human rights and commitment to the rule of law. Certainly his speech to the U.N. and his Nobel Peace Prize have raised the bar of expectation as to his commitment to advancing human rights at home and abroad."
But, he added, "There is still much more to do, including honouring and expanding U.S. human rights commitments and fully incorporating them into domestic policy. U.S. credibility abroad and commitment to human rights at home will be judged by deeds, not by words."
"What is needed now is taking concrete actions to translate these commitments to a robust human rights policy. A new presidential executive order to reconstitute the Inter-Agency Working on Human Rights would be an important step forward," Dakwar said.
"To fulfill its human rights requirements, the administration must also fully investigate crimes of torture committed in violation of U.S. and international law and withdraw the Army Field Manual's Appendix M," he added.
Since his inauguration, President Obama has helped restore U.S. standing on human rights by issuing executive orders to close the Guantánamo detention centre, prohibiting CIA prisons and enforcing the ban on torture, joining the U.N. Human Rights Council, signing the Convention on the Rights of Persons with Disabilities (CRPD), and prioritising the ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
While welcoming these steps, the ACLU is calling for additional concrete measures to reassert U.S. leadership on human rights, including the full investigation of torture crimes, abandoning the Guantánamo military commissions and renouncing the practice of holding detainees indefinitely without charge or trial.
The ACLU's Dakwar told IPS that he "expected the administration to announce concrete plans to implement and enforce ratified human rights treaties and the resurrection of the Interagency Working Group on Human Rights - disbanded during the Bush administration - to coordinate and promote human rights within domestic policy."
He said, "There is hope and expectation within the human rights community that the president will make the announcement on resurrection of the Inter-Agency Working Group on Human Rights as soon as Dec. 10 - international human rights day and the day he will be receiving the Nobel Peace Prize."
He noted that shortly after the U.S. elections, the ACLU and more than 50 U.S.-based human rights, civil rights, civil liberties and social justice organisations launched the Campaign for a New Domestic Human Rights Agenda, which identified concrete goals for pushing the administration and Congress to strengthen the U.S.'s commitment to human rights at home.
The campaign have four primary objectives. First is re-creation of the Interagency Working Group on Human Rights, first initiated in 1998 by President Clinton through an executive order, but effectively disbanded by the Bush administration in 2001. The call is for a new executive order to be issued with an improved and strengthened mandate.
Second is transformation of the U.S. Civil Rights Commission into a U.S. Civil and Human Rights Commission. The current commission was created in the 1950s with the mandate of monitoring and enforcing compliance with U.S. civil rights law.
In recent years, it has grown dysfunctional and been largely discredited. Currently there is a push to re-form the commission. The Leadership Conference for Civil Rights has taken the lead on the reform effort, and, along with the Campaign, has called for a new commission with a mandate to monitor the U.S.'s compliance with its human rights (as well as civil rights) commitments.
Third is implementation of recommendations by the U.N. Committee on the Elimination of Racial Discrimination (CERD) and to create a plan of action to enforce them at the domestic level.
Lastly, the Campaign is calling for implementation and coordination of human rights on the state and local level, particularly in partnership with state and local human rights and civil rights commissions.
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9 Comments so far
Show AllI think he will comply. Now that he has been "pushed", the cons can't say he is a librul.
forget "urging"
the man is obliged to comply!
Mr. Obama needs to stop with all the compromise jive and develop a stainless-steel spine.
The opposition will never give him a thing to compensate for all his attempts to accommodate them and their "positions." America must readopt the UN Charter on Human Rights. In order to do that, we have to prosecute the war criminals and put their words and deeds into a locked box that we forever renounce as civilized people.
No torture. No exceptions.
Our rogue nation comply with international treaties? International trust is brittle.
Who will ever believe this lie based country again?
Good topic and the article hits some good points. It omitted one glaring example where the Obama administration clearly embraces torture - that is, Obama continues extraordinary rendition as official U.S. policy.
A policy of extraordinary rendition means that U.S. agents will snatch a person and send them off to a foreign country that claims not to torture people, but really does.
Obama has also said that he's uninterested in prosecuting people who were just following orders in torturing people. It's clearly a violation of international law to take that position. (The Nuremberg court decided that wasn't a defense for the Nazis.)
Lastly, Congress passed a law in the 1990s making torture illegal, which the article didn't mention. So, Obama is disobeying domestic law as well as international laws.
-TIA
"Obama Urged to Fully Comply with Anti-Torture Treaty".
Great idea and while you're at it, try complying with the law that the U.S. helped to establish and which the U.S. ratified, the law against wars of aggression, condemning every one of them. And there are plenty of other crucial laws, treaties and conventions the U.S. has ratified and never complies with. May as well start with the supreme one against the supreme international crime of wars of aggression, but also work on complying with all of the others too.
It's "amusing" how much people demand that the Obama administration abide by laws against torture while we never or rarely hear and read the same sort of words about the law against wars of aggression.
I don't know if the ACLU has done this yet, or not, but certainly don't recall ever having read or heard that it did. Since wars of aggression by the USA are unconstitutional and the constitution being respected by the government is a right of every American, and foreigner, I think the ACLU could occasionally put in a word about the need to respect the laws against wars of aggression. Furthermore, since U.S. citizens are duped into serving criminal orders based on lies, this definitely does strike against civil rights, so the ACLU can certainly speak out and demand respect for the laws against these types of wars. But, again, I've not heard or read, not even once, of the the ACLU doing this.
It's also against the civil rights of Americans for the government to LIE to the public about reasons for wars that really are of aggression. Not only citizens duped into carrying out criminal war orders have their rights criminally transgressed by the government; every citizen does. Even those of us who aren't fooled by all of the lies and can see that the orders are criminal have our rights transgressed, criminally, for the mere attempt to try to fool us with lies by the government is a crime against our civil rights.
I also haven't heard or read of the ACLU saying anything about the latter transgression of rights, either. I think that Citizens for Constitutional Rights, or some similar name, has spoken out in such terms, but don't know how much the organisation has done this.
One more substantive reason why awarding the Nobel Peace Prize to President Obama is an insult to all true advocates of peace.
The other reasons are: increasing the size of our armed forces and increasing the scope of the drone bombings in Afghanistan and Pakistan.