March 16, 2004

 

Ms. Dorothy Douglas Taft

Chief of Staff

Helsinki Commission

234 Ford House Office Building

Washington, DC 20515

 

Dear Ms. Taft: 

 

We are enclosing herewith a copy of the recent decision by the Organization of American States (OAS) Inter-American Commission on Human Rights in Case No. 11.204, Statehood Solidarity Committee v. the United States. The decision found that the United States government was violating the fundamental rights of the 570,000 residents of its capital city to equal representation in the US Congress under international human rights law. Since the founding of the city in 1801, District of Columbia residents have been denied equal voting rights in their own national legislature.

 

This landmark decision, resulting from nearly 11 years of careful deliberation, finds the US government in direct violation of Articles II & XX of the American Declaration of the Rights and Duties of Man, the governing charter of the OAS and its 35 member states.   These articles, which are essentially identical to those recognized by OSCE states under their human dimension commitments and as enunciated under Articles 5.9 and 6 of the 1990 Copenhagen Document, guarantee all citizens: 1) equality before the law and 2) the right to participation in their own national legislature through duly elected representatives. 

 

As a result of its findings, the OAS Commission made the following recommendations to the United States:  “Provide the Petitioners [residents of Washington, DC] with an effective remedy, which includes adopting the legislative or other measures necessary to guarantee to the Petitioners the effective right to participate, directly or through freely chosen representatives and in general conditions of equality, in their national legislature.”

 

To date, the US government has failed to remedy the violations found by the Commission and DC residents continue to be denied equal political participation in their own national legislature through duly elected representatives.

 

In light of the explicit human rights violations found under international law and in view of the fact that the human rights guaranteed in the OAS Charter are identical to those freely undertaken by the United States under its OSCE human dimension obligations, we are requesting that the Helsinki Commission hold hearings at the earliest possible date to monitor and report on the US government’s non-compliance with its OSCE commitments under articles 5.9, 6 and 7.3 of the 1990 Copenhagen Document. [1]

 

Such monitoring of US violations of its OSCE human dimension commitments by the Helsinki Commission is explicitly authorized under Section 3002 of The Act of June 3, 1976, Public Law No. 94-304, 90 Stat. 661 (codified as amended at 22 U.S.C. 3001-3009), which states: “The Commission is authorized and directed to monitor the acts of the signatories which reflect compliance with or violation of the articles of the Final Act of the Conference on Security and Cooperation in Europe, with particular regard to the provisions relating to human rights and Cooperation in Humanitarian Fields.”

 

In view of the legal findings and recommendations of the OAS under Articles II and XX of the American Declaration, and the identical provisions of OSCE human dimension commitments under Articles 5.9, 6, and 7.3 of the 1990 Copenhagen document, we respectfully request that the Helsinki Commission find the US government in violation of its OSCE human dimension commitments with regard to the denial of equal Congressional voting rights to the residents of the District of Columbia, and that it call upon the United States to comply with the OAS recommendations as well as with its obligations under the 1990 Copenhagen Document and the 1989 Vienna Concluding Document, which declares, among other things, that all States—including the United States-- are obliged to “ensure that their laws, regulations, practices and policies conform with their obligations under international law and are brought into harmony with the provisions of the Declaration on Principles and other CSCE commitments."

 

We look forward to the courtesy of your reply. The full text of the OAS decision may also be found at: http://www.cidh.oas.org/annualrep/2003eng/USA.11204.htm

 

Sincerely,

 

Timothy Cooper

Enc: Signed DC Council Letter in Support of Findings and Recommendations of OAS Decision

Excerpts from OAS Decision

New York Times article

Washington Post article

 

cc: All 34 OSCE Participating State Missions

 

cc: Sen. Ben Nighthorse Campbell

Sen. Sam Brownback

Sen. Gordon H. Smith

Sen. Kay Bailey Hutchison

Sen. Saxby Chambliss

Sen. Christopher J. Dodd

Sen. Bob Graham

Sen. Russell D. Feingold

Sen. Hillary Rodham Clinton

 

Rep. Christopher H. Smith

Rep. Frank R. Wolf

Rep. Joseph R. Pitts

Rep. Robert B. Aderholt

Rep. Anne M. Northup

Rep. Benjamin L. Cardin 

Rep. Louise McIntosh Slaughter

Rep. Alcee L. Hastings