Foreign Relations of the United States, 1977–1980, Volume II, Human Rights and Humanitarian Affairs

206. Memorandum From the Assistant Secretary of State for Human Rights and Humanitarian Affairs (Derian) to the Executive Secretary of the Department of State (Tarnoff)¹

Washington, November 10, 1980

SUBJECT

• List of Issues for Transition Briefing Papers

The perception exists that the Reagan Administration plans to reverse policies to promote respect for internationally recognized human rights. The human rights policy is based on domestic and international law and occupies a central place in U.S. foreign policy. The following list of issues will therefore require decisions during the 90-day period following January 20, 1981.

1. Bilateral Initiatives on Behalf of Human Rights²

—Continue prompt and vigorous diplomatic initiatives with regard to major human rights problems in communist countries. Countries requiring such action are: the USSR, Czechoslovakia, the German Democratic Republic, Poland, Romania, the People’s Republic of China, Cuba, Vietnam, Kampuchea, Ethiopia, Mozambique and others.

—Continue prompt and vigorous diplomatic initiatives with regard to major human rights problems in non-communist countries. Countries requiring such action are: South Africa, Liberia, South Korea (particularly to save the life and obtain the freedom of Kim Dae Jung),³ the Philippines, Argentina, Bolivia, Chile, Guatemala, El Salvador, Nicaragua, Iraq, Syria, the Israel-occupied territories and others.

Failure to take action with regard to these countries will undermine the leadership role of the United States in the human rights area, and in many cases impact adversely on our national interest and security objectives.

2. Economic Assistance and Human Rights

—Continue the systematic review of economic assistance and human rights by the Inter-Agency Committee on Human Rights and Foreign Assistance, chaired by the Deputy Secretary.⁴ This Committee and its Working Group regularly review bilateral economic assistance, IFI loans, Ex-Im and OPIC transactions with a view to ensuring that human rights concerns are fully taken into account in decisions made, as required by U.S. law and policy.⁵

3. Arms Transfers and Human Rights

—Improve the mechanism in the Department of State for reaching decisions on⁶ arms transfers and human rights⁷ through the creation of a special body to systematically review such decisions, including the sale of police equipment, and ensure that human rights criteria are fully taken into account, as required by our law and policy.

4. Pending Decisions on Sales of Police Equipment and Lethal Military Equipment

—Decide on pending sales of police equipment to the following countries with serious human rights problems: the People’s Republic of China, Taiwan, Ethiopia, the Philippines, Yugoslavia, Israel (West Bank).

—Decide on pending sales of lethal military equipment and expanded military sales to the following countries with serious human rights problems: Haiti, El Salvador, Paraguay.⁸

5. Multilateral Initiatives

—Insist on full review of implementation of Basket III (human rights and humanitarian) issues at the Madrid CSCE Conference and promote the establishment of more effective machinery to implement the Helsinki Final Act.⁹

—Continue to strengthen international machinery for dealing with human rights issues (United Nations, Organization of American States, International Labor Organization, UNESCO) and promote the creation of regional human rights bodies.¹⁰

6. Ratification of International Human Rights Treaties¹¹

—Complete U.S. adherence to six major international human rights treaties through ratification. The six treaties currently before the Senate are: the Genocide Convention, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the American Convention on Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women.

7. Non-Governmental Organizations¹²

—Continue to cooperate with private non-governmental organizations engaged in programs and activities to strengthen the protection of human rights internationally.

8. Asylum Policy¹³

—Strengthen the asylum unit to enable it to deal with a rapidly increasing number of cases, for example Iranian, Nicaraguan and Cuban cases, among others.

1. Source: National Archives, RG 59, Policy and Planning Staff—Office of the Director, Records of Anthony Lake, 1977–1981, Lot 82D298, Box 16, TL Transition Folder ’80. Confidential. Drafted by Roberta Cohen. Derian did not initial the memorandum. Jennone Walker attached a handwritten note to the memorandum, which reads: “General review of h.r. policy including: 1) implementation current econ & security legislation? 2) change legislation? 3) pending international treaties? 4) [unclear] pending countries or other problems 5) role in or with international agencies, orgs. 6) Bureaucratic procedures.” (Ibid.)
2. Walker inserted a handwritten point above the first one, which reads: “Key human rights problems in specific countries on which decisions & action may be necessary in early months of Administration.” She also bracketed all of the points of section 1.
3. Walker circled the phrase “obtain the freedom” and wrote a question mark in the left-hand margin.
4. Walker bracketed the portion of this sentence that begins with “Continue” and ends with “by” and substituted the phrase “Operation and mandate for.” She also placed a check mark next to this insertion.
5. Walker bracketed this sentence.
6. Walker bracketed the portion of this sentence that begins with “Improve” and ends with “on” and substituted the phrase “Policy on.”
7. Walker added “and key pending issues” following “human rights.” She also drew a slash through the entire bulleted point.
8. Walker drew a slash through this and the previous bulleted point.
9. Walker wrote “handled in CSCE paper” and an “x” in the left-hand margin next to this bulleted point.
10. In this point, Walker deleted “Continue to” and substituted “review US action/efforts in,” added a question mark and a check mark in the left-hand margin, and bracketed the words “and promote the” and wrote “and” above the brackets. She also placed a check mark in the margin next to this insertion.
11. Walker placed a check mark in the left-hand margin next to this point. She also drew a slash through it.
12. Walker added “Relations with” to the heading “Non-Governmental Organizations” and drew a line from it to the word “engaged” in the first sentence. The portion of the sentence leading up to the word “engaged” was deleted. She also added a question mark and a check mark in the left-hand margin next to this bulleted point.
13. Walker added “Policy toward” to the heading “Asylum Policy” and placed a check mark in the left-hand margin.