[Weekly Compilation of Presidential Documents Volume 34, Number 50 (Monday, December 14, 1998)]
[Pages 2459-2461]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13107--Implementation of Human Rights Treaties

December 10, 1998

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, and bearing in mind the 
obligations of the United States pursuant to the International Covenant 
on Civil and Political Rights (ICCPR), the Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the 
Convention on the Elimination of All Forms of Racial Discrimination 
(CERD), and other relevant treaties concerned with the protection and 
promotion of human rights to which the United States is now or may 
become a party in the future, it is hereby ordered as follows:
    Section 1. Implementation of Human Rights Obligations. (a) It shall 
be the policy and practice of the Government of the United States, being 
committed to the protection and promotion of human rights and 
fundamental freedoms, fully to respect and implement its obligations 
under the international human rights treaties to which it is a party, 
including the ICCPR, the CAT, and the CERD.
    (b) It shall also be the policy and practice of the Government of 
the United States to promote respect for international human rights, 
both in our relationships with all other countries and by working with 
and strengthening the various international mechanisms for the promotion 
of human rights, including, inter alia, those of the United Nations, the 
International Labor Organization, and the Organization of American 
States.
    Sec. 2. Responsibility of Executive Departments and Agencies. (a) 
All executive departments and agencies (as defined in 5 U.S.C. 101-105, 
including boards and commissions, and hereinafter referred to 
collectively as ``agency'' or ``agencies'') shall maintain a current 
awareness of United States international human rights obligations that 
are relevant to their functions and shall perform such functions so as 
to respect and implement those obligations fully. The head of each 
agency shall designate a single contact officer who will be responsible 
for overall coordination of the implementation of this order. Under this 
order, all such agencies shall retain their established institutional 
roles in the implementation, interpretation, and enforcement of Federal 
law and policy.
    (b) The heads of agencies shall have lead responsibility in 
coordination with other appropriate agencies, for questions concerning 
implementation of human rights obligations that fall within their 
respective operating and program responsibilities and authorities or, to 
the extent that matters do not fall within the operating and program 
responsibilities and authorities of any agency, that most closely relate 
to their general areas of concern.
    Sec. 3. Human Rights Inquiries and Complaints. Each agency shall 
take lead responsibility in coordination with other appropriate 
agencies, for responding to inquiries, requests for information, and 
complaints about violations of human rights obligations that fall within 
its areas of responsibility or, if the matter does not fall within its 
areas of responsibility, referring it to the appropriate agency for 
response.
    Sec. 4. Interagency Working Group on Human Rights Treaties. (a) 
There is hereby established an Interagency Working Group on Human Rights 
Treaties for the purpose of providing guidance, oversight, and 
coordination with respect to questions concerning the adherence to and 
implementation of human rights obligations and related matters.
    (b) The designee of the Assistant to the President for National 
Security Affairs shall chair the Interagency Working Group, which shall 
consist of appropriate policy and legal representatives at the Assistant 
Secretary level from the Department of State, the Department of Justice, 
the Department of Labor, the Department of Defense, the Joint Chiefs of 
Staff, and other agencies as the chair deems appropriate. The principal 
members may designate alternates to attend meetings in their stead.
    (c) The principal functions of the Interagency Working Group shall 
include:
    (i) coordinating the interagency review of any significant issues 
concerning the implementation of this order and analysis and 
recommendations in connection with pursuing

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the ratification of human rights treaties, as such questions may from 
time to time arise;
    (ii) coordinating the preparation of reports that are to be 
submitted by the United States in fulfillment of treaty obligations;
    (iii) coordinating the responses of the United States Government to 
complaints against it concerning alleged human rights violations 
submitted to the United Nations, the Organization of American States, 
and other international organizations;
    (iv) developing effective mechanisms to ensure that legislation 
proposed by the Administration is reviewed for conformity with 
international human rights obligations and that these obligations are 
taken into account in reviewing legislation under consideration by the 
Congress as well;
    (v) developing recommended proposals and mechanisms for improving 
the monitoring of the actions by the various States, Commonwealths, and 
territories of the United States and, where appropriate, of Native 
Americans and Federally recognized Indian tribes, including the review 
of State, Commonwealth, and territorial laws for their conformity with 
relevant treaties, the provision of relevant information for reports and 
other monitoring purposes, and the promotion of effective remedial 
mechanisms;
    (vi) developing plans for public outreach and education concerning 
the provisions of the ICCPR, CAT, CERD, and other relevant treaties, and 
human rights-related provisions of domestic law;
    (vii) coordinating and directing an annual review of United States 
reservations, declarations, and understandings to human rights treaties, 
and matters as to which there have been nontrivial complaints or 
allegations of inconsistency with or breach of international human 
rights obligations, in order to determine whether there should be 
consideration of any modification of relevant reservations, 
declarations, and understandings to human rights treaties, or United 
States practices or laws. The results and recommendations of this review 
shall be reviewed by the head of each participating agency;
    (viii) making such other recommendations as it shall deem 
appropriate to the President, through the Assistant to the President for 
National Security Affairs, concerning United States adherence to or 
implementation of human rights treaties and related matters; and
    (ix) coordinating such other significant tasks in connection with 
human rights treaties or international human rights institutions, 
including the Inter-American Commission on Human Rights and the Special 
Rapporteurs and complaints procedures established by the United Nations 
Human Rights Commission.
    (d) The work of the Interagency Working Group shall not supplant the 
work of other interagency entities, including the President's Committee 
on the International Labor Organization, that address international 
human rights issues.
    Sec. 5. Cooperation Among Executive Departments and Agencies. All 
agencies shall cooperate in carrying out the provisions of this order. 
The Interagency Working Group shall facilitate such cooperative 
measures.
    Sec. 6. Judicial Review, Scope, and Administration. (a) Nothing in 
this order shall create any right or benefit, substantive or procedural, 
enforceable by any party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other person.
    (b) This order does not supersede Federal statutes and does not 
impose any justiciable obligations on the executive branch.
    (c) The term ``treaty obligations'' shall mean treaty obligations as 
approved by the Senate pursuant to Article II, section 2, clause 2 of 
the United States Constitution.
    (d) To the maximum extent practicable and subject to the 
availability of appropriations, agencies shall carry out the provisions 
of this order.
                                            William J. Clinton
The White House,
December 10, 1998.

[Filed with the Office of the Federal Register, 8:45 a.m., December 14, 
1998]

Note: This Executive order will be published in the Federal Register on 
December 15.

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