DRAFT
U.N. General Assembly
Sixtieth session
Agenda item ___

Resolution adopted by the General Assembly

On the question of remedying continuing human rights violations in Washington, D.C.

The General Assembly,

Recalling that the United States is a founding member of the United Nations and that it has endorsed the Universal Declaration of Human Rights;

Observing that Article 2 of the Universal Declaration of Human Rights provides that “[e]veryone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status;”

Observing also that Article 21 of the Universal Declaration of Human Rights provides that “[e]veryone has the right to take part in the government of his country, directly or through freely chosen representatives. Everyone has the right of equal access to public service in his country. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures;”

Recognizing that the United States has ratified the International Covenant on Civil and Political Rights;

Noting that Article 25 of the International Covenant on Civil and Political Rights provides that “[e]very citizen shall have the right and the opportunity, without unreasonable restrictions: (a) to take part in the conduct of public affairs, directly or through freely chosen representatives; (b) to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;”

Noting also that Article 26 of the International Covenant on Civil and Political Rights provides that “[a]ll persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Every citizen shall have the right and the opportunity, without unreasonable restrictions: (a) to take part in the conduct of public affairs, directly or through freely chosen representatives; (b) to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;”

Observing that the United States made no reservations to Articles 25 and 26;

Noting that the United States is a founding member of the Organization of American States (OAS) and is obligated to observe the human rights standards under the OAS Charter, and specifically under the American Declaration of the Rights and Duties of Man which defines the human rights obligations of member States not party to the Inter-American Convention on Human Rights;

Recognizing that Article 2 of the American Declaration of the Rights and Duties of Man provides that “[a]ll persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor;”

Recognizing also that Article 20 provides that “[e]very person having legal capacity is entitled to participate in the government of his country, directly or through his representatives, and to take part in popular elections, which shall be by secret ballot, and shall be honest, periodic and free;”

Aware the Inter-American Commission on Human Rights of the Organization of American States decided in Case. No. 11.204, Statehood Solidarity v. the United States, on December 29, 2003, after nearly eleven years of consideration that the denial of equal participation by the residents of Washington, D.C. in their own national legislature by duly elected representatives constituted violations of Articles 2 and 20 of the American Declaration of the Rights and Duties of Man;

Noting that the Inter-American Commission on Human Rights made the following recommendations to the United States based upon its finding in Case No. 11.204: That the United States “[p]rovide the [the residents of Washington, D.C.]with an effective remedy, which includes adopting the legislative or other measures necessary to guarantee to [them] the effective right to participate, directly or through freely chosen representatives and in general conditions of equality, in their national legislature;”

Recognizing that Articles 2 and 20 of the American Declaration of the Rights and Duties of Man mirror the rights guaranteed under Articles 2 and 21 of the Universal Declaration of Human Rights and Articles 25 and 26 of the International Covenant on Civil and Political Rights with regard to equal political participation in the national legislature through duly elected representatives for all citizens;

Aware that Article 2(2) of the International Covenant on Civil and Political Rights provides that “[w]here not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant;”

Recognizing that Article 2(3) provides that “[e]ach State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted”;

Observing that the United States made no reservation to Articles 2(2) and 2(3) of the International Covenant on Civil and Political Rights;

Welcoming recent initiatives undertaken by the U.S. Congress to remedy the human rights violations in Case No. 11.204 as determined by the Inter-American Commission on Human Rights;

Calls upon the United States to take the necessary steps “in accordance with its constitutional processes and with the provision of the [International Covenant on Civil and Political Rights], to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant” to the residents of Washington, D.C.;

Urges the United States to comply with the recommendations made by the Inter-American Commission on Human Rights in Case No. 11.204, and to grant the residents of Washington, D.C. “an effective remedy, which includes adopting the legislative or other measures necessary to guarantee to [them] the effective right to participate, directly or through freely chosen representatives and in general conditions of equality, in their national legislature.”

Sixtieth Session

 

Drafted by Timothy Cooper, 2004