CONVENTION ON THE POLITICAL RIGHTS OF WOMEN CONVENTION CONCERNING THE ABOLITION OF FORCED LABOR SUPPLEMENTARY SLAVERY CONVENTION THURSDAY, FEBRUARY 23, 1967 UNITED STATES SENATE, AD HOC SUBCOMMITTEE ON HUMAN RIGHTS CONVENTIONS, Washington, D.C. The subcommittee met, pursuant to notice, at 10:05 a.m., in room 4221, New Senate Office Building, Senator Thomas J. Dodd, presiding. Present: Senators Dodd, Clark, Pell, and Hickenlooper. Also present: Senators Lausche, Aiken, and Case. Senator DODD. The subcommittee will come to order. All members of the full Committee on Foreign Relations have been invited to participate in these hearings. The subcommittee will take testimony this morning on three human rights conventions approved by the United Nations General Assembly which still await ratification by the Senate. Those three conventions in the question are: the Convention on Political Rights of Women; the Convention on the Abolition of Forced Labor; and the Supplementary Convention on Slavery. (The conventions referred to follow :) [Ex. J, 88th Cong., 1st sess.] MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING THE CONVENTION ON THE POLITICAL RIGHTS OF WOMEN, SIGNED AT NEW YORK, MARCH, 31, 1953 To the Senate of the United States: THE WHITE HOUSE, July 22, 1963. With a view to receiving the advice and consent of the Senate to accession, I transmit herewith the Convention on the Political Rights of Women, which was signed at New York on March 31, 1953, in behalf of certain governments, but not the Government of the United States of America. I transmit also, for the information of the Senate, the report of the Secretary of State with respect to the convention. In the event that the Senate advises and consents to accession to the convention, it is recommended that it indicate that such accession is subject to the understanding that in article III the phrase "public office" does not include military service and the phrase "public function" is coterminous with "public office." JOHN F. KENNEDY. (Enclosures: (1) Report of the Secretary of State; (2) certified copy of the Convention on the Political Rights of Women, signed at New York March 31, 1953.) THE WHITE HOUSE, July 22, 1963. THE PRESIDENT, DEPARTMENT OF STATE, I have the honor to lay before the President, with a view to its transmission to the Senate for the advice and consent of that body to accession, if the President approve thereof, a certified copy of the Convention on the Political Rights of Women, opened for signature at New York on March 31, 1953. The conven tion has been signed in behalf of 42 countries, not including the United States of America, and entered into force July 7, 1954, in accordance with article VI thereof. At the present time the following countries are parties to the convention: Albania, Argentina, Bulgaria, Byelorussian Soviet Socialist Republic. Canada, Central African Republic, Republic of China, Republic of Congo (Brazzaville), Cuba, Czechoslovakia, Denmark, Dominican Republic, Ecuador, Finland, France, Greece, Guatemala, Haiti, Hungary, Iceland, India. Indonesia, Israel, Japan, Korea, Lebanon, Nicaragua, Norway, Pakistan, Philippines, Poland, Rumania, Senegal, Sierra Leone, Sweden, Thailand, Turkey, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, and Yugoslavia. In 1946 the first General Assembly of the United Nations adopted a resolution calling upon countries which had not already done so to fulfill the purposes and aims of the preamble and article I of the charter by granting women the same political rights as men. It was not until 1951, however, that the Commission on the Status of Women recommended to the Economic and Social Council a draft convention on the political rights of women. The draft text was adopted by the Council on August 27, 1951, and forwarded to the Secretary-General with the request that it be sent to member governments for comment. Adoption of the draft convention by the General Assembly was recommended by the Economic and Social Council in 1952 and the General Assembly was requested to draft the necessary procedural articles. The Assembly, in turn, referred the draft convention to its Third Committee (Social, Humanitarian. and Cultural). The Committee completed its work late in 1952 and the proce dural articles of the convention were submitted to the General Assembly for approval. The text of the draft convention was adopted by the General Assembly on December 17, 1952. By a resolution adopted on December 20, 1952, it was decided to open the convention for signature at the end of the then current session of the General Assembly. U.S. representatives participated in all phases of the drafting, and this Government was represented on several of the committees actively and favorably urging the adoption of the draft convention. The convention, however, has not been signed in behalf of the United States. The convention consists of the preamble and 11 articles. The substantive provisions are contained in the first three articles. These articles provide that, on equal terms with men and without discrimination, women shall be entitled to vote in all elections (art. I); they shall be eligible for election to all publicly elected bodies established by national law (art. II); and they shall be entitled to hold public office and exercise all public functions established by national law (art. III). Article IV contains provisions regarding signature and ratification, article V provides for accession, and article VI provides that the convention shall enter into force on the 90th day following the deposit of the 6th instrument of ratification or accession. Subsequent ratifications or accessions enter into force on the 90th day after deposit by each state. Article VII relates to reservations and provides that any reservation submitted at the time of signature, ratification, or accession will be communicated by the Secretary General to all states which are or may become parties. The convention does not enter into force as between the state making the reservation and any other state which notifies the Secretary General within 90 days from the date of such communication that it does not accept the reservation. Article VIII provides that any state may denounce the convention by written notice to the Secretary General to take effect 1 year after the date of receipt of the notification by the Secretary General. The convention will cease to be in force when such denunciations have reduced the number of parties to less than six. Article IX provides that disputes concerning interpretation or application of the convention between contracting parties, not settled by negotiation, shall be referred to the International Court of Justice for decision at the request of one of the parties unless they agree to another mode of settlement. Articles X and XI provide for the performance of depositary functions by the Secretary-General of the United Nations. No substantive legal questions are involved in the United States becoming a party to this convention. Article I, relating to the right of women to vote. merely reflects the principle established by the 19th amendment to the Constitution of the United States, which provides: "The right of the citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex." The eligibility of women to be elected and to be appointed to public office established by national law in the United States has long been recognized in law and practice. Speaking before the Third Committee of the General Assembly in December 1952, the late Mrs. Franklin D. Roosevelt said: "As most of you know, the subject of this convention-equal suffrage for women-is very close to my heart. I believe in active citizenship, for men and women equally, as a simple matter of right and justice. I believe we will have better government in all of our countries when men and women discuss public issues together and make their decisions on the basis of their differing areas of experience and their common concern for the welfare of their families and their world. "In the United States, and in most countries today, women have equal suffrage. Some may feel that for that reason this convention is of little importance to them. I do not agree with this view. It is true, of course, that the first objective of this convention is to encourage equal political rights for women in all countries. But its significance reaches far deeper into the real issue of whether in fact women are recognized fully in setting the policies of our governments. ****I do not expect that there will ever be as many women political leaders as men, for most women are needed in their homes while their children are small, and have fewer years in which to gain public recognition. But if we are honest with ourselves, we know that all countries have a long way to go on these matters *** "This convention on political rights of women is not in itself an answer to the problems of modern government. But it points up, I believe in useful ways, how governments can expand their resources by taking full advantage of the energy and experience of their women citizens. ***" The phrases "public office" and "public functions" in article III have been interpreted to include a wide variety of appointive as well as elective offices. However, during discussions in the General Assembly and in the Third Committee there was general agreement that the provisions of article III do not apply to military service. When voting on the draft convention, the U.S. representative made clear the understanding of the U.S. Government that the phrase "public office" does not include military service and that the phrase "public function" is coterminous with "public office." It is recommended that in such resolution as the Senate may adopt approving the accession of the United States to the convention, the Senate indicate that such accession is subject to the understanding that in article III the phrase "public office" does not include military service and that the phrase "public function" is coterminous with "public office." Six countries (Denmark, Finland, Guatemala, India, Pakistan, and Sierra Leone) have ratified or acceded to the convention subject to a statement or reservation with respect to Article III. It is hoped that the convention will be given early and favorable consideration by the Senate. Respectfully submitted, DEAN RUSK. (Enclosure: Certified copy of the Convention on the Political Rights of Women, signed at New York, March 31, 1953.) CONVENTION ON THE POLITICAL RIGHTS OF WOMEN The Contracting Parties, Desiring to implement the principle of equality of rights for men and women contained in the Charter of the United Nations, Recognizing that everyone has the right to take part in the government of his country, directly or indirectly through freely chosen representatives, and has the right to equal access to public service in his country, and desiring to equalize the status of men and women in the enjoyment and exercise of political rights in accordance with the provisions of the Charter of the United Nations and of the Universal Declaration of Human Rights, Having resolved to conclude a Convention for this purpose, ARTICLE I Women shall be entitled to vote in all elections on equal terms with men, without any discrimination. ARTICLE II Women shall be eligible for election to all publicly elected bodies, established by national law, on equal terms with men, without any discrimination. ARTICLE III Women shall be entitled to hold public office and to exercise all public functions, established by national law, on equal terms with men, without any discrimination. ARTICLE IV 1. This Convention shall be open for signature on behalf of any Member of the United Nations and also on behalf of any other State to which an invitation has been addressed by the General Assembly. 2. This Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations. ARTICLE V 1. This Convention shall be open for accession to all States referred to in paragraph 1 of article IV. 2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. ARTICLE VI 1. This Convention shall come into force on the ninetieth day following the date of deposit of the sixth instrument of ratification or accession. 2. For each State ratifying or acceding to the Convention after the deposit of the sixth instrument of ratification or accession the Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratification or accession. ARTICLE VII In the event that any State submits a reservation to any of the articles of this Convention at the time of signature, ratification or accession, the SecretaryGeneral shall communicate the text of the reservation to all States which are or may become parties to this Convention. Any State which objects to the reservation may, within a period of ninety days from the date of the said communication (or upon the date of its becoming a party to the Convention), notify the Secretary-General that it does not accept it. In such case, the Convention shall not enter into force as between such State and the State making the reservation. ARTICLE VIII 1. Any State may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General. 2. This Convention shall cease to be in force as from the date when the denunciation which reduces the number of parties to less than six becomes effective. ARTICLE IX Any dispute which may arise between any two or more Contracting States concerning the interpretation or application of this Convention which is not settled by negotiation, shall at the request of any one of the parties to the dispute be referred to the International Court of Justice for decision, unless they agree to another mode of settlement. ARTICLE X The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in paragraph 1 of article IV of this Convention of the following: (a) Signatures and instruments of ratifications received in accordance with article IV; (b) Instruments of accession received in accordance with article V ; (c) The date upon which this Convention enters into force in accordance with article VI; (d) Communications and notifications received in accordance with article VII; (e) Notifications of denunciation received in accordance with paragraph 1 of article VIII; (f) Abrogation in accordance with paragraph 2 of article VIII. ARTICLE XI 1. This Convention, of which the Chinese, English, French, Russian and Spanish texts shall be equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit a certified copy to all Members of the United Nations and to the nonmember States contemplated in paragraph 1 of article IV. IN FAITH WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed the present Convention, opened for signature at New York, on the thirty-first day of March, one thousand nine hundred and fifty-three. [Signatures omitted.] [Ex. K, 88th Cong., 1st sess.] MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING THE CONVENTION CONCERNING THE ABOLITION OF FORCED LABOR (CONVENTION NO. 105), ADOPTED BY THE INTERNATIONAL LABOR CONFERENCE AT THE 40TH SESSION, GENEVA, JUNE 25, 1957 To the Senate of the United States: THE WHITE HOUSE, July 22, 1963. With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Convention Concerning the Abolition of Forced Labor (convention No. 105), adopted by the International Labor Conference at its 40th session, Geneva, June 25, 1957. I transmit also, for the information of the Senate, the report of the Secretary of State concerning the convention, together with the copy enclosed therewith of a letter from the Secretary of Labor. JOHN F. KENNEDY. (Enclosures: (1) Report of the Secretary of State, with enclosed background statement and copy of letter; (2) certified copy of ILO convention No. 105.) THE WHITE HOUSE, July 22, 1963. THE PRESIDENT, The White House: DEPARTMENT OF STATE. July 18, 1963. I have the honor to lay before the President, with a view to its transmission to the Senate for the advice and consent of that body to ratification, if the Pres |