[Congressional Record Volume 140, Number 82 (Friday, June 24, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL 
                             DISCRIMINATION

  Mr. MITCHELL. Mr. President, I ask unanimous consent that the Senate 
proceed to Executive Calendar No. 22, the International Convention on 
the Elimination of All Forms of Racial Discrimination; that the treaty 
be considered as having passed through its various parliamentary stages 
up to and including the presentation of the resolution of ratification; 
that the three reservations, an understanding, a declaration, and a 
proviso, recommended by the committee be considered as having been 
agreed to; that no other amendments, conditions, reservations, 
understandings, declarations, or provisos be in order; that any 
statements be inserted in the Congressional Record as if read; that the 
motion to reconsider be laid upon the table; that the President be 
notified of the Senate's action; and, that following disposition of the 
treaty, the Senate return to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MITCHELL. Mr. President, I ask for a division vote.
  The PRESIDING OFFICER. All those in favor, please stand. Those 
opposed, likewise please stand.
  In the opinion of the Chair, two-thirds of the Senators present 
having voted in the affirmative, the resolution of ratification is 
agreed to.
  The resolution of ratification is as follows:

       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the International Convention on the 
     Elimination of All Forms of Racial Discrimination, adopted by 
     the United Nations General Assembly on December 21, 1965 and 
     signed on behalf of the United States on September 28, 1966 
     (Executive C, 95-2), subject to the following Reservations, 
     Understanding, Declaration and Proviso:
       I. The Senate's advice and consent is subject to the 
     following reservations:
       (1) That the Constitution and laws of the United States 
     contain extensive protections of individual freedom of 
     speech, expression and association. Accordingly, the United 
     States does not accept any obligation under this Convention, 
     in particular under Articles 4 and 7, to restrict those 
     rights, through the adoption of legislation or any other 
     measures, to the extent that they are protected by the 
     Constitution and laws of the United States.
       (2) That the Constitution and laws of the United States 
     establish extensive protections against discrimination, 
     reaching significant areas of non-governmental activity. 
     Individual privacy and freedom from governmental interference 
     in private conduct, however, are also recognized as among the 
     fundamental values which shape our free and democratic 
     society. The United States understands that the 
     identification of the rights protected under the Convention 
     by reference in Article 1 to fields of ``public life'' 
     reflects a similar distinction between spheres of public 
     conduct that are customarily the subject of governmental 
     regulation, and spheres of private conduct that are not. To 
     the extent, however, that the Convention calls for a broader 
     regulation of private conduct, the United States does not 
     accept any obligation under this Convention to enact 
     legislation or take other measures under paragraph (1) of 
     Article 2, subparagraphs (1)(c) and (d) of Article 2, Article 
     3 and Article 5 with respect to private conduct except as 
     mandated by the Constitution and laws of the United States.
       (3) That with reference to Article 22 of the Convention, 
     before any dispute to which the United States is a party may 
     be submitted to the jurisdiction of the International Court 
     of Justice under this article, the specific consent of the 
     United States is required in each case.
       II. The Senate's advice and consent is subject to the 
     following understanding, which shall apply to the obligations 
     of the United States under this Convention:
       That the United States understands that this Convention 
     shall be implemented by the Federal Government to the extent 
     that it exercises jurisdiction over the matters covered 
     therein, and otherwise by the state and local governments. To 
     the extent that state and local governments exercise 
     jurisdiction over such matters, the Federal Government shall, 
     as necessary, take appropriate measures to ensure the 
     fulfillment of this Convention.
       III. The Senate's advice and consent is subject to the 
     following declaration:
       That the United States declares that the provisions of the 
     Convention are not self-executing.
       IV. The Senate's advice and consent is subject to the 
     following proviso, which shall not be included in the 
     instrument of ratification to be deposited by the President:
       Nothing in this Convention requires or authorizes 
     legislation, or other action, by the United States of America 
     prohibited by the Constitution of the United States as 
     interpreted by the United States.


         convention on the elimination of racial discrimination

  Mr. PELL. Mr. President, the International Convention on the 
Elimination of All Forms of Racial Discrimination, which we are now 
considering, is one of several instruments designed by the 
international community to implement the human rights articles of the 
U.N. Charter. The Convention was adopted unanimously by the U.N. 
General Assembly in December 1965. It is a widely accepted treaty, with 
more than 135 States as parties.
  The Convention is rooted in Western legal and ethical traditions. For 
the most part, its provisions are consistent with existing U.S. law.
  The United States signed the convention in September 1966, shortly 
after it came into force. The Carter administration transmitted it to 
the Senate in February 1978. The Foreign Relations Committee held a 
hearing on the convention but unfortunately, domestic and international 
events at the end of 1979 prevented the committee from moving to a vote 
on it.
  Neither the Reagan nor the Bush administrations supported 
ratification of the convention. Fortunately the Clinton administration 
has taken a different view. The administration supports ratification of 
the convention with a limited number of conditions: three reservations, 
one understanding, and one declaration. In many respects, these are 
similar to the conditions proposed by the Carter administration.
  The Foreign Relations Committee held a hearing on the convention and 
the administration's proposed conditions on May 11, 1994. Although some 
of the public witnesses questioned some of the conditions, all of those 
who testified before the committee strongly supported ratification.
  On May 25, the committee voted unanimously to report favorably to the 
Senate the convention with a resolution of ratification containing the 
reservations, understanding, and declaration proposed by the Clinton 
administration and a proviso offered by Senator Helms. This proviso 
clarifies the relationship between the convention and the U.S. 
Constitution. Since this relationship is a matter of U.S. domestic law, 
the proviso will not be included in the instrument of ratification 
deposited by the President. The proviso is identical to the Helms 
proviso adopted by the committee last year during consideration of the 
International Covenant on Civil and Political Rights.
  The convention is an important instrument in the international 
community's struggle to eliminate racial and ethnic discrimination. As 
a nation which has gone through its own struggle to overcome 
segregation and discrimination, we are in a unique position to lead the 
international effort. Our position and the credibility of our 
leadership will be strengthened immeasurably by ratification of this 
convention--ratification, I might add, that is long overdue. Moreover, 
ratification will also enable the United States to participate in the 
work of the Committee on the Elimination of Racial Discrimination 
established by the convention to monitor compliance.
  Mr. President, this is a good treaty and one that the United States 
can be proud of ratifying. I urge all of my colleagues to support 
ratification of this treaty.

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