Office of the Historian

303. Draft Memorandum From the Bureau of International Organization Affairs to President Kennedy1

Washington, undated.

PROPOSAL FOR A UN RAPPORTEUR ON HUMAN RIGHTS

In line with your statement before the General Assembly, I believe the United States should take the initiative during the current session in proposing more effective human rights machinery in the United Nations in the form of a permanent UN Rapporteur on Human Rights.

At the present time, the United Nations has no effective way of considering current human rights problems in a world-wide context. This is due primarily to the absence of up-to-date information. The Human Rights Commission receives various reports, but these are summaries of official documents, usually bland and incomplete, and already some months old by the time the UN can process them. No objective analysis of current happenings is available, with the result that the General Assembly debates “hot issues”, such as apartheid, without the benefit of previous consideration in the Commission or the restraint and balance which might be imposed by an overall presentation of progress and problems in the human rights field.

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Various suggestions have been advanced to deal with violations of human rights, including a UN Court similar to the European Court of Human Rights, a UN Committee to hold hearings and assess blame, and even a UN Attorney-General with power to call governments to account. We have rejected these suggestions because we do not believe the United States should be made subject in any way to the judgments of an outside body. Moreover, the need is to stimulate responsible—and if necessary remedial—action at the domestic level through the influence of an informed public opinion. We believe the most effective way of meeting this need will be by establishing a permanent Rapporteur on Human Rights in the UN, who can provide an annual report on the current status of human rights and be available for consultation with the Human Rights Commission.

The Rapporteur would be an elder statesman who would merit recognition as an independent expert. For his report he would draw on outside sources as well as government reports, but he would hold no hearings and make no on-the-spot investigations. He would work under the general direction of the Human Rights Commission. His statement would provide a basis for regular discussion, and should broaden awareness and concern throughout the UN beyond the present preoccupation with race problems in South Africa and the United States.

In addition, the Rapporteur could be available to the Secretary General for advice on human rights aspects of UN activities in economic and social development, and for good offices in response to requests from Member States.

Action Requested

It is recommended that the U.S. Delegation in the General Assembly be authorized to consult with other Delegations regarding the above-described rapporteur, with a view to support and possible co-sponsorship.

  1. Source: National Archives and Records Administration, RG 59, Central Files 1960–63, SOC 14 ECOSOC. No classification marking. Drafted on November 4 by Rachel C. Nason. This memorandum formed Tab A of a package sent under cover of a memorandum to the Secretary by Assistant Secretary Cleveland on November 13. In the memorandum, Cleveland suggested that “a low-key proposal, in limited terms, for a United Nations Rapporteur on Human Rights” would be a suitable follow-up to President Kennedy’s address to the UN General Assembly on September 20, during which he called for new initiatives to promote human rights. For text of the President’s speech, see Public Papers of the Presidents of the United States: John F. Kennedy, 1963, pp. 693–698.

    The package also included Tab B, a background paper; Tab C, a statement by Legal Adviser Chayes, with concurrence by Assistant Secretary Dutton (see footnote 2, Document 304); and Tab D, Cleveland’s comments on Chayes’ statement (Document 304).

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