California Assembly Votes to Report on Human Rights to
UN Committees

Friday 20 August 2010

By Marjorie Cohn, t r u t h o u t | News Analysis
truthout
August 20, 2010

http://www.truth-out.org/california-assembly-votes-report-human-rights-un-committees62473

On August 9, the California Assembly took the historic
step of becoming the first state to agree to publicize
the text of three ratified UN human rights treaties,
and to submit the required reports to the State
Department for consideration by the UN treaty
committees. The State Assembly voted to pass ACR129,
the Human Rights Reporting legislation, by a vote of 52
to 11, with 16 abstentions. The legislation will now
move to the state Senate.

The International Convention on Elimination of all
forms of Racial Discrimination requires the United
States to publicize the text at the federal, state and
local levels and to make periodic reports to the UN
Committee on Elimination of Racial Discrimination every
two years on complaints of racial discrimination in
every aspect of life and on progress in eliminating
such discrimination.

The US ratified this treaty in 1994 and has issued some
of the required reports, but has never publicized the
text nor has it sought, or included, information from
each state, as required. Now the California Assembly
has voted to publicize and make the required reports.

The International Convention against Torture and other
Cruel, Inhuman or Degrading or Treatment was ratified
by the United States in 1994. It requires reporting
every four years on misconduct and improper conduct by
police, prison guards, human services agents and
everyone in government and what steps the government is
taking to correct reported problems.

The International Covenant on Civil and Political
Rights requires reports to the UN Human Rights
Committee every five years on violations and
enforcement of freedom of assembly, labor union rights,
rights of children, immigrants and LGBT. When the
Senate passes this Assembly Concurrent Resolution 129,
California agencies will collect the information they
already gather and submit it to the State Department
for submission to the UN Human Rights Committee.

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Bill Monning, the representative for the 27th Assembly
District, sponsored ACR129.

The City of Berkeley in September 2009 voted to become
the first US city to make reports under these treaties.
City officials now state that collecting the
information for the reports has heightened concern
about human rights at City Hall.

Rev. Daniel Buford, president of the Meiklejohn Civil
Liberties Institute (MCLI) and prophetic justice
minister at Allen Temple Baptist Church in Oakland,
testified before the Assembly Appropriations Committee
before adoption of the Resolution. He reported that he
found the three treaties very helpful in working on
justice in the killing of Oscar Grant by BART police
officer Johannes Mehserle last year.

Attorney Ann Fagan Ginger, founder of MCLI, reports
enthusiastic response when she describes the treaties
to African-American; Asian-American; Latino and human
rights organizations; students; unions; people working
on health care, prison conditions, the homeless,
immigrant rights, ecology issues; and all other human
rights related issues.

When the United States ratifies a treaty, it becomes
part of US law under the Supremacy Clause of the
Constitution. The United States has not fully complied
with its obligations under our ratified human rights
treaties. While our government does not hesitate to
criticize other countries for their human rights
violations, it has been derelict in complying with our
own human rights commitments. Hopefully, the California
Senate will also pass this important legislation, which
would send a strong message to other states and the
federal government that this country is serious about
protecting human rights.

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