Senator CLARK. Yes, indeed; that will be made a part of the record. Mr. CLAYMAN. When the resolution was read and the discussion unfolded, there was a general sense of incomprehensibility among the trade union leaders at our meeting, and over and over again, and this does not appear in my testimony, but it is relevant, over and over again the question came, what is the rationale, what is the reason for our failure to approve the conventions. And I must confess even those of us who have done a little bit of study in the area were not able to present a rational idea or theory which they could understand or comprehend.

Senator CLARK. Don't you think it was sort of a superlegalistic approach and an erroneous legalistic approach?

Mr. CLAYMAN. Obviously, obviously, and plus, if I may say so, still some, at the time, lingering effects of a dying isolationism in the midwest which was associated with the person of Senator Bricker in my home state of Ohio.

And the question these fellows asked as we considered this resolution, was: Aren't we against slavery? Aren't we for the political rights of women? Aren't we against forced labor? Aren't we against genocide? And when the answer came, of course, yes-Then in heaven's name what is the reason we haven't acted?

And what I am trying to say is that if the people of the United States ever fully comprehend this issue now before this subcommittee, my own feeling is that they would be perfectly horrified to know that their country is associated only with the Spain, and Yemen, and one horrible other example.

Senator CLARK. South Africa.

Mr. CLAYMAN. You have just mentioned it.

Senator CLARK. I guess the Yemeni are too busy fighting each other to get around to it.

Mr. CLAYMAN. Yes, and I am drawing to a conclusion quickly.

ACTION ON GENOCIDE CONVENTION URGED

I was pleased and enormously delighted that Senator Dodd announced that this subcommittee will consider the Genocide Convention.

Senator CLARK. I think I have to enter a slight caveat on that. I am very hopeful that the Chairman of the committee, Senator Fulbright, will give us that task. It is up to the Chairman.

Senator Dodd and I will ask him to do so.

Mr. CLAYMAN. I do hope this comes to pass, because, quite frankly, as I review the various treaties, and every single one of them has paramount importance, but as I review them all in my mind this is the one that we just dare not refuse to face up to.

Senator CLARK. I agree with you.

Mr. CLAYMAN. And I trust that the Chairman and the full committee will face up to this moral challenge, if I may use the language of the clergy.

Well, thank you, Senator.

Senator CLARK. Thank you, Mr. Clayman.

I deeply appreciate your willingness to be brief and your statement speaks for itself. It is very cogent and very persuasive.

Mr. CLAYMAN. Thank you.

(The full statement of Mr. Clayman follows:)

STATEMENT OF JACOB CLAYMAN, ADMINISTRATIVE DIRECTOR OF THE INDUSTRIAL UNION DEPARTMENT, AFL-CIO

My name is Jacob Clayman. I am the Administrative Director of the Industrial Union Department, AFL-CIO, an organization composed of sixty national and international unions with a membership in excess of 61⁄2 million members. We come forward in support of the United Nations Conventions now before this Ad Hoc Subcommittee to assert and affirm in a few words the interest and concern of American workers in the building of a more effective moral foundation for national and world justice and humanitarianism.

On December 15, 1966 our Industrial Union Department Executive Board met in Washington, D.C. There were present representatives from each of the sixty national and international union affiliates. After a full discussion, in which great interest was displayed, the Industrial Union Department Board unanimously approved the attached resolution, which is made part of this testimony, and which declared in part:

"Our failure to act in this meaningful area of human concern stands as an unhappy disgrace which has marred our national prestige. It has effectively been used as a propaganda weapon against us throughout the world." The Industrial Union Department resolution concludes:

"We ask the Senate Foreign Relations Committee to recommend ratification of the United Nations Human Rights Conventions to the end that our country will publicly join with many other nations which have already proclaimed support of these ideals."

You see, there is a concern among workers that our nation assume its rightful role as a world moral leader. There is a deep commitment in the American labor movement to the thesis expressed by the late President John F. Kennedy who profoundly observed that the United States:

"Cannot afford to be materially rich and spiritually poor."

We want to congratulate the Chairman and this Ad Hoc Senate Subcommittee for finally embarking on these historic hearings involving the United Nations Convention on the Political Rights For Women, the Convention on the Abolition of Forced Labor, and the Supplementary Convention on Slavery.

It has been a long wait! The Convention On The Political Rights Of Women was opened for signature by the United Nations on March 31, 1953; the Convention On the Abolition of Forced Labor was adopted by the General Conference of the International Labor Organization on June 25, 1957; the Supplementary Convention On the Abolition of Slavery and Slave Trade, and Institutions and Practices Similar To Slavery was opened for signature by the United Nations September 7, 1956.

It is more than 18 years since the United Nations unanimously adopted the Convention on the Prevention and Punishment of the Crime of Genocide (December 9, 1948).

During all this time the U.S. Senate has remained immobile: done nothing! Mr. Chairman, we appreciate your understanding of a national impatience with the lack of forward movement and action on the part of the U.S. Senate when you reminded the Ad Hoc Committee On Human Rights and Genocide Convention on March 11, 1965:

"Fifteen years, sixteen years, is a long time to wait for the ratification of any agreement or convention. The long lapse of time, has, I am afraid, blurred our memories and obscured the issue and dulled our conscience. There have been times in our history when the Government has needed prodding or intervention from citizens and citizens' organizations."

There is an almost Alice In Wonderland unreality to the Senate's magnificent speedy approval of the United Nations Charter and the Senate's snail-like pace on the United Nations Human Rights Conventions. The United Nations Charter was approved by the Senate in 33 days! The same body has had before it the terrible crime of genocide for almost 18 years.

The irony of the situation is that the United Nations Charter in spirit and general context encompasses the concept of the United Nations Human Rights Conventions. The United States was instrumental in writing into the United Nations Charter the stirring words:

"All members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of" . "Universal respect

for, and observance of, human rights and fundamental freedom for all without distinction as to race, sex, language, or religion."

The development of a United Nations Bill of Rights was expected to follow the adoption of a charter as a matter of course. President Harry Truman in June 1945, in San Francisco said:

"Under this document (the Charter) we have good reason to expect the framing of an international Bill of Rights, acceptable to all the nations involved. That Bill of Rights will be as much a part of international life as our own Bill of Rights is a part of our Constitution. The Charter is dedicated to the achievement and observance of human rights and freedoms, and unless we can attain these objectives for all men and women everywhere without regard to race, language or religion-we cannot have permanent peace and security."

Indeed, so pronounced was our government's interest in the U.N. Bill of Rights that our representatives played a leading role in the promulgation of some of the United Nations Conventions. The Genocide Convention, for example, is conceded by United Nations historians to be, in a major way, the result of American initiative. Our representatives, drawing on our American tradition and culture, were in the forefront of the fight to develop a series of conventions which would declare a new ethic for the world.

It is more than passing strange, therefore, that we have not approved a single convention. In this posture we enjoy the dubious company of South Africa, Spain and Yemen !

In our national life we, more than most, live the spirit of the United Nations Conventions. The ideals of the United Nations Conventions are deeply and indelibly imbedded in the mores of our country. They are inseparable from the American "way of life."

We have abolished slavery, abolished enforced labor, and we have recognized the political rights of women. Indeed, so effectively are these social facts written into the Constitution and laws of our land, that there would be no need to alter any of our statutes or Constitution if we were to adopt all of the conventions. It is sheer folly, then, that we do not proclaim to the world, by adoption of these conventions, our faith in our own culture; in our own social and political ethic. Otherwise detractors are gratuitously presented with a potent propaganda weapon to be used against us so long as we fail to publicly assert approval of the United Nations Conventions. The peoples of the world will readily understand such approval as an expression of international responsibility and morality. The Industrial Union Department, therefore, urges the consent of this Ad Hoc Subcommittee, the full Senate Foreign Relations Committee and the Senate itself for the three conventions formally before this Subcommittee.

We also earnestly recommend the inclusion of the Genocide Convention for deliberation and action by this Ad Hoc Subcommittee. Our memory is still melancholy and oppressed with visions of frightful ovens and great mass graves which belonged to an era of man, not so long ago.

Indeed, how can the U.S. Senate or any of its committees, in this year of 1967, fail to pass favorable judgment on the Genocide Convention? What excuse or explanation can we give to our individual and national conscience if we refuse to act on Genocide? What excuse or explanation can we give the world of human beings around us looking for leadership from the greatest democracy of all? What excuse or explanation shall we give to our children and their children when the history of our time is summed up?

Senator Proxmire put it bluntly, frankly and honestly when he said on the floor of the Senate.

"It is a cruel paradox as well as a national disgrace that the United States which has proved conclusively to the world the practical effectiveness of our own Bill of Rights, must hang our national head in shame at our irresponsible unwillingness to lead the fight for the establishment of basic human rights for all men." Continuing to assess the blame squarely where it belongs, he observed: "We cannot criticize the usual whipping boys; the State Department, the Executive, the House. The Senate and each of us as Senators must accept individual responsibility for our failure to act. Seventeen years is too long an engagement for any couple. There comes a time to marry..."

The Industrial Union Department believes that all the Human Rights Conventions not now being considered by this Committee should soon be brought up for early consideration and action. We refer to the ILO Convention on Freedom of Association & Protection of the Right to Organize, ILO Convention on Equal Remuneration for Men & Women Workers for Work of Equal Value, United

Nations Convention on Refugees and Stateless Persons, United Nations Convention on the Status of Stateless Persons, ILO Convention on Discrimination in Respect to Employment and Occupation, UNESCO Convention Against Discrimination in Education, ILO Convention on Employment Policy, and the United Nations Convention on the Elimination of all Forms of Racial Discrimination. All of these conventions have great human validity.

We in the Industrial Union Department are of the conviction that the people of America are ready for these conventions. They have been ready for a long time. They stand ready to heartily support and applaud favorable action by this Ad Hoc Subcommittee.

RESOLUTION IN SUPPORT OF UNITED NATIONS HUMAN RIGHTS CONVENTIONS

This week (December 10-17) has been designated as Human Rights Week and reminds us that the United Nations in the course of its history has adopted as necessary human rights goals a number of conventions dealing with the most basic human equities. Among these conventions are the abolition of slavery, slave trade and the institutions and practices of slavery; forced labor; discrimination in respect to employment and occupation; equal remuneration for men and women workers for work of equal value; discrimination in education; prevention and punishment of the crime of genocide and political rights of women.

The United Nations has urged all Member States to ratify these conventions by 1968, and indeed many countries have made considerable progress in achieving this goal. The United States, along with Spain, South Africa and Yemen, are the only Member Countries in the world which have not approved a single United Nations human rights convention!

In 1949, President Truman sent the genocide convention to the Senate for ratification and in 1963, President Kennedy sent the conventions on slavery, forced labor and the political rights of women to the United States Senate. No action has been the response of the Senate in each case. This result has been in the face of the fact that 76 Member Nations have ratified the genocide treaty; 62, the convention on the abolition of slavery; 70, the convention on forced labor; and 45, the convention on political rights of women.

President Kennedy pointed out to the United States Senate in 1963 that: "The fact that our Constitution already assures us of these rights does not entitle us to stand aloof from documents which project our own heritage on an international scale. The United States cannot afford to renounce responsibility for support of the very fundamentals which distinguish our concept of government from all forms of tyranny."

It is in the clear interest of the United States to have the standards embodied in the United Nations human rights conventions adopted and applied by as many nations as possible in the world. We cannot, however, press upon others the ratification of these ideals if we are not ready to formally and publicly adopt them ourselves.

Our failure to act in this meaningful area of human concern stands as an unhappy disgrace which has marred our national prestige. It has been effectively used as a propaganda weapon against us throughout the world.

Because we deeply believe in the moral, social, political and economic precepts enunciated by the United Nations human rights conventions, because we earnestly try in our own society to live by these precepts and because our moral leadership in the world is being undermined by our failure to publicly embrace the United Nations human rights convention: Therefore, be it

Resolved:

1. We, the Executive Board of the Industrial Union Department, AFL-CIO, urge President Johnson to call upon the U.S. Senate at the earliest date in the 90th Congress to ratify the United Nations human rights conventions.

2. We ask the Senate Foreign Relations Committee to recommend ratification of the United Nations human rights conventions to the end that our country will publicly join the many other nations which have already proclaimed support of these ideals.

Senator CLARK. Our next witness is Mr. Andrew J. Biemiller, director of legislation, AFL-CIO.

I welcome an old friend and many a battle we fought side by side, and I know he, too, will cooperate in expediting this hearing.

Your statement, Mr. Biemiller, which I have had an opportunity to read, will be printed in full in the record, including the fine resolution on forced labor adopted by the AFL-CIO Executive Council.

I understand that you are confining your testimony to the forcedlabor convention, and with your full knowledge of our problem this morning will you proceed as you see fit?

STATEMENT OF ANDREW J. BIEMILLER, DIRECTOR OF LEGISLATION, AFL-CIO, WASHINGTON, D.C.

Mr. BIEMILLER. Mr. Chairman, I simply want to again reemphasize our great pleasure that these hearings are being held, and might I also add that the fact that we have not formally testified on the other two conventions does not mean any prejudice against them. It is simply that the labor movement has for so long been trying to get the forced labor convention passed that we wanted to emphasize our long-standing role in getting that convention adopted by the ILO.

I will simply say, and let the statement speak for itself, that ever since 1947 the American Federation of Labor has been trying to get a forced-labor convention adopted. I think the reference we make to the 1956 hearing in our statement is an important one, because I think that was the first time that we finally spoke out to the State Department in public.

Senator CLARK. I think it is wonderful the position organized labor has taken in this record, and I want to commend you and all of your associates for it.

Mr. BIEMILLER. And I also assure you that we are ready to back any favorable report that this committee can make on all of these conventions and we will do everything we can to see to it that they will get passed.

Senator CLARK. Thank you very much, sir. You are very effective in that regard.

Mr. BIEMILLER. Thank you.

(The full statement of Mr. Biemiller referred to follows:)

STATEMENT OF ANDREW J. BIEMILLER, DIRECTOR, DEPARTMENT OF LEGISLATION AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS

Mr. Chairman, my name is Andrew J. Biemiller. I am Director of the Department of Legislation of the AFL-CIO.

The AFL-CIO is extremely pleased to have this opportunity to testify before this subcommittee. It is our firm conviction that hearings-and appropriate Senate action-on these conventions are long overdue.

Because of the time limit, Mr. Chairman, as well as the large list of other witnesses scheduled to appear before this subcommittee, the AFL-CIO's testimony will deal specifically with our support for ratification of the Convention on the Abolition of Forced Labor.

This is the Convention adopted by the International Labor Organization in Geneva, on June 25, 1957.

It requires ratifying states to suppress and not to make use of any form of forced or compulsory labor for certain specific purposes: namely, as a means of political coercion or education or as a punishment for holding or expressing particular social, economic, or political views; as a means of mobilizing labor for purposes of economic development; as a means of labor discipline; as punishment for having participated in strikes; or as a means of racial, social, national, or religious discrimination. Ratifying states are required to take effective measures to secure immediate and complete abolition of these proscribed uses of force or compulsory labor.