The other rights provided for in the agreement relate to publicly elected bodies, public office and public functions "established by national law." In the United States, the term "National Law", as it appears in this convention can only be taken to mean Federal law. The history of and official United Nations commentary on the convention fully support this interpretation of the term. That the Constitution bars arbitrary discrimination against women in their eligibility for Federal elected bodies and in their right to hold Federal office or to exercise functions in the Federal Government cannot be doubted. On the other hand, categorizations dependent upon the natural differences between women and men are permitted under our Constiution, and I understand such categorizations to be permissible under the present convention. Thus. for example, the history of the convention establishes that the terms "public office" and "public functions" were not intended to apply to military service. In voting for the convention, the United States delegate, Mrs. Eleanor Roosevelt, stated the understanding of the United States in this regard, adding that we understood the term "public office" to be coterminous with "public function". If the Senate were to decide to give its advice and consent to United States accession to the convention, it might wish to indicate its understanding on these two points. Although I personally believe that this is not necessary, in light of Mrs. Roosevelt's statement, I would note that President Kennedy recommended such an understanding when he submitted the convention to the Senate in 1963. As you can see, then, each of these conventions coincides very closely with the expressed principles and values of the United States. Each is a simple, forthright document, aimed at the achievement of a common international standard on matters of interest to the international community. And each is concerned with the eradication of social abuses that could and that have, at times, become sources of bitter differences among nations. In my view there is no doubt that these agreements are valid and proper subjects of the treaty power. Before concluding, however, I wish to lay before you several further considerations that seem to me to indicate the advisability of United States ratification of these agreements. The first is that there is a widely shared view in this country that we should take immediate steps to live up to our public professions of interest in the human rights field. Judging by the expressions of opinion that have come to the attention of the Administration, ratification would appear to fulfill the wishes of the American people. The second point I want to make is that now is a particularly appropriate time for favorable consideration of these conventions. The General Assembly of the United Nations has proclaimed 1968 as the International Year for Human Rights, a year for new achievements and progress in this most important of areas of international concern. In my view we would usher in the International Year for Human Rights most felicitously by adherence to these conventions. For in so doing, we would demonstrate that this nation will not stand aloof from a major world effort to elevate human rights standards everywhere. Thirdly, and perhaps most significantly, there are the tremendous consequences of our decision whether to ratify these conventions. I do not mean solely the consequences for the United States, which I have previously mentioned. I am referring, also, to the consequences for the conventions themselves. for their effectiveness and for the respect their provisions can command. Without the support of the United States, these agreements may appear insignificant to many other countries. If we do not consider it important to sign the conventions, why should they? And more importantly, why should they implement the conventions? With United States ratification, on the other hand, these conventions would have a new life. In expressing our acceptance and in faithfully implementing the provisions of these agreements, we would encourage states that have thus far withheld adherence to reconsider their position. When there are departures from the standards that the conventions lay down, the United States would be able, as a state party, to exert its influence to bring about renewed observance of those standards. A tremendous impetus would thus be provided for the worldwide battle for human rights. And the solemn human rights provisions of the United Nations Charter would receive some real content. I believe that the United States, with its profound commitment to the rule of law, can only contemplate such a prospect with approval. We are. after all, a nation that stands for something in world history. “Certain unalienable rights" were proclaimed in 1776 as the heritage of “all men”— not just Americans. Abraham Lincoln said there was "something in that Declaration giving liberty not alone to the people of this country, but hope for the world, for all future time." It is deep in our American character to believe in this. And the influence of those brave words of 1776, in country after country, generation after generation down to our own day, is solid proof that these ideas are universal and that they can move men to action on a very large scale. When such ideas come to the surface anywhere in the world, our national conscience does not allow us to be indifferent to them. I would urge your Committee to recommend to the Senate that it advise and consent to all three of the conventions before you. Senator DODD. Mr. Ambassador, we thank you. I believe personally that this is a most scholarly, highly impressive, and profound explanation of these three conventions, I would say it was in the best "Goldberg tradition." I think you have done a great service to the committee, to all of the Senate and, indeed, to the country. Senator Clark. Senator CLARK. Thank you Mr. Chairman. Mr. Ambassador, I am sure you do not need me to tell you that I think you have made a splendid presentation. I shall support all three of these conventions. PARTIES TO THE CONVENTIONS I would like to round out the record, if I might, a little bit. There has been handed to me a list of the countries which have already ratified each of these three conventions. With respect to the convention dealing with the abolition of slavery, I find there are 68 countries which have ratified. I ask, Mr. Chairman, consent to have the list of those countries printed in the record. Senator DODD. Without objection, it is so ordered. (The document referred to follows:) THE SUPPLEMENTARY CONVENTION ON THE ABOLITION OF SLAVERY, THE SLAVE TRADE, AND INSTITUTIONS AND PRACTICES SIMILAR TO SLAVERY THE SUPPLEMENTARY CONVENTION ON THE ABOLITION OF SLAVERY, THE SLAVE TRADE, AND INSTITUTIONS AND PRACTICES SIMILAR TO SLAVERY-Continued Date of Receipt of Instru- March 21, 1958 April 24, 1958 November 17, 1965 June 23, 1960 December 30, 1959 (a) September 30, 1963 September 18, 1961 (a) October 23, 1957 February 12, 1958 July 30, 1964 * September 27, 1957 (a) January 18, 1963 (a) September 9, 1957 (a) August 2, 1965 (a) November 18, 1957 (a) January 3, 1966 * June 30, 1959 May 11, 1959 (a) January 7, 1963 (a) December 3, 1957 April 26, 1962 (a) July 22, 1963 (a) June 26, 1961 * May 3, 1960 March 20, 1958 November 17, 1964 (a) January 10, 1963 August 10, 1959 November 13, 1957 March 13, 1962 * September 9, 1957 October 28, 1959 (a) July 28, 1964 (a) April 17, 1958 (a)1 November 28, 1962 (a) April 11, 1966 * July 15, 1966 (a) July 17, 1964 August 12, 1964 (a) December 3, 1958 April 12, 1957 Yugoslavia_.--. Total, 68. May 20, 1958 *Declaration that it considers itself bound as from date of independence. 1 Accession by the United Arab Republic. Senator CLARK. With respect to the Convention Concerning the Abolition of Forced Labor, there are 75 countries which have ratified, and I ask the same permission with respect to that list. Senator DODD. Yes. The same ruling, without objection. (The document referred to follows:) CONVENTION CONCERNING THE ABOLITION OF FORCED LABOR (ILO Convention No. 105) ADOPTED BY THE INTERNATIONAL LABOR CONFERENCE AT GENEVA, JUNE 25, 1957 Afghanistan_. Argentina Australia. Austria. Belgium Brazil Burundi. Cameroon. Canada__ Central African Republic Chad. China Colombia Costa Rica_ Cuba___ Cyprus. Dahomey Denmark... Dominican Republic Ecuador. El Salvador_ Finland. Gabon. Germany, Federal Republic of Ghana_ Greece-. Guatemala___ Guinea Guyana Haiti. Honduras Iceland. Iran__. Iraq Ratifications May 16, 1963 January 18, 1960 March 5, 1958 July 14, 1959 June 8, 1961 March 31, 1959 May 4, 1959 June 2, 1958 September 23, 1960 May 22, 1961 January 17, 1958 June 23, 1958 February 5, 1962 November 18, 1958 May 27, 1960 May 29, 1961 June 22, 1959 July 11, 1961 March 4, 1958 August 4, 1958 November 29, 1960 April 13, 1959 June 15, 1959 Ireland. Israel. Ivory Coast. Jamaica__. Kenya. Kuwait Liberia Libya Luxembourg Malaya____ Mali.. Malta___. Mexico. Netherlands_ Niger Nigeria - See footnotes at end of table. 1 Confirmed for Malaysia and registered March 3, 1964. Ratifications April 14, 1958 February 15, 1960 November 18, 1960 * October 30, 1961 January 30, 1962 * * May 24, 1963 * June 4, 1963 October 23, 1958 December 30, 1957 November 16, 1964 February 22, 1965 * Confirmed for United Republic of Tanganyika and Zanzibar and registered June 22, 1964. Senator CLARK. With respect to the Convention on the Political Rights of Women, I note there are 51 countries which have ratified, and I ask consent that that list may also be printed in the record. Senator DODD. It will also be included, without objection. (The document referred to follows:) Afghanistan_. Argentina.... Belgium.. Brazil. Bulgaria. CONVENTION ON THE POLITICAL RIGHTS OF WOMEN Byelorussian SSR. SIGNED AT NEW YORK MARCH 31, 1953 Central African Republic. China... Congo (Brazzaville) Czechoslovakia___ Denmark.. Dominican Republic_ Enador--. Finland.... See footnote at end of table. Date of Receipt of Instru- November 16, 1966 (a) December 21, 1953 October 15, 1962 * April 8, 1954 April 6, 1955 July 7, 1954 December 11, 1953 April 23, 1954 |