City of Eugene Human Rights Commission
Regular MeetingEugene, OR · June 17, 2014
Minutes
MINUTES
Eugene Human Rights Commission
Equity and Human Rights Office – 99 West 10th Avenue
Eugene, Oregon
June 17, 2014
5:30 p.m.
PRESENT: Andrew Thomson, Ken Neubeck, Chris Nunes, David Van Der Haeghen, Debra
Merskin, Arun Toke, Mary Clayton, Philip Carrasco, commissioners; Michael
Kinnison, staff
ABSENT: Councilor Greg Evans
The mission of the Human Rights Commission is to promote implementation of human rights
values and principles in al City of Eugene programs and throughout the wider community.
To carry out this mission the commission shall affirm, encourage, and initiate programs and
services within the City of Eugene and the wider community designed to place priority upon
protecting, respecting, and fulfilling the full range of universal human rights as enumerated in
the Universal Declaration of Human Rights. To support and promote human rights, the
commission will: provide human rights education, be proactive in human rights efforts, address
human rights violations, ensure active public participation, be transparent and open, and be
publicly accountable for human rights progress.
1. Welcome from Chair/Agenda Review and Adjustment – Commenced at 5:30 pm
Andrew moved to approve agenda, seconded by Debra, unanimously approved.
Richie moved to approve the minutes as submitted, seconded by Ken, unanimously
approved.
2. Public Comment
None
3. Support Requests
Pride – Request for waiver of parks rental fee. Received approval for funds for
portable toilets in previous application. Edward agreed to be HRC representative at
the event. Moved to approve by Richie. Seconded by Deb. Unanimously approved.
BEST – Requested endorsement of their effort. Richie move to endorse, seconded by
Edward, approved unanimously.
Columbia Law School HR Institute – Ken explained the Human Rights at Home
Campaign and its work to get federal government to share information with other
levels of government when USA signs an international human rights treaty and to
provide resources to implement provisions of those treaties at the local level. State
Department’s progress in recognizing human rights issues and their relevance in the
US. Campaign is asking for signatories to a letter to Sect of State to support
movement in this area. Mayor Piercy has signed on. Request is for HRC to become a
signatory. Doesn’t commit the Commission to anything. Ken moved to endorse and
sign on to letter. Arun seconded. Approved unanimously.
4. Work Planning Brainstorm
Mike shared dates and schedule. Chris led discussion on getting ideas on the process.
Reviewed last year approach which put previous workplan aside and started from
scratch. Propose being more strategic this time and starting with existing work plan
and looking at what has been achieved and what group has not been able to get to.
Ask what we want to move forward.
Edward – Like idea of starting with existing plan. However, should leave room for
some items that were identified as potential topics last year but didn’t make it into the
work plan. Let’s not forget about all the ideas generated.
Mary – How did last couple of work plans compare? Chris – Commission meeting
structure changed this year. Every other month were work group meetings. Changed
to a monthly business meeting model for current work plan. Arun and Richie
preferred current work plan. Arun – consider standing agenda item that focuses on
work plan. Ken – We formed work group, recruited community members and
focused on homelessness issue. Mike – That was what was envisioned as to how the
Commission would approach its work. Ken – Capacity is issue. Can get more done
when involving community in the work. Creates connections with community.
Richie – Consider referencing how agenda items relate to the work plan. Tracking
how work plan is implemented. Help Commission stay focused.
Edward – Frustrating to sign up for lead roles but getting committed to other roles
that are consistent with HRC work plan. Important work but no always clear how it
relates to work plan. Need to be cognizant of our commitments to other groups and
how it is supporting our work.
Andrew – Noticed that we responded to lots of important emerging issues. Is there a
way we can leave space for that in our next work plan? Mary – Yes. Can’t overload
your work plan without acknowledging the need to be able to respond to issues as
they arise. Edward – Need to ask does this move the work plan forward. How
pressing is the issue? Can get in the way of accomplishing work plan.
Mary – Was the work plan to ambitious? Richie – Better discussion for our work
planning. Mike – staff will do that analysis.
Mary – Can we get clarification on delegation of authority to Chair on issues? Mike
– Yes. We committed to doing that at last meeting.
Edward – Would like to see Commissioners work with staff to help process
information between sessions.
Arun – Could we do 5:30 – 7:30? Richie – Groups have a tendency to fill up their
time. Philip – Want to make sure we have time to hear from everyone. Want to be
clear at end that all our work was done and we have clear marching orders. Straw
poll results – 2 for shorter meeting. Majority in favor of keeping 3 hr. session.
Ken – Reason we didn’t have outside facilitator? Mike – No. Just felt staff had
capacity.
Chris, Andrew and Mary agreed to assist staff with pre-planning. Staff to coordinate
meeting.
5. Staff Update (Environmental Justice Focus Group next mtg. 6/19 2-3:30 pm,
Sloat; HRC appointments and thank you to David for service; Paid Sick Leave;
CSS Block Party/Fundraiser/BBQ, 7/19, 8-8 pm 1160 Grant St. 683-0836; Peace
Week participation)
Deb committed to attending Thursday’s focus group meeting. Mike to confirm
date/time. Thanked David for his service. Clarified appointments. Paid Sick Leave
work sessions. Edward still has interest in doing a media release on this issue.
Philip, Chris and Deb interested in helping with that. What support have we agreed
to provide to Peace Week? Group is asking for waiver of park fee but not clear in
minutes this was approved. Mary – Clarified their itinerary and what is happening at
Alton Baker Park at Peace Park. Not interested in library. We previously approved
$200. Want park waiver. Mike – requested they resubmit an application and clarify
what they now want
6. Downtown Activity Zone Discussion
Mike – update on discussion at work session.
Richie – Not a HRC issue. Don’t think we should weigh in.
Ken – Disagree. Concerned about criminalization of daily life activities. Not many
places for people to go at night. Not only homeless committing problems in park. I
sent letter as an individual that emphasized we already have laws to regulate
antisocial behavior. Don’t need to close down public space that punishes everyone.
More than overkill. Not good policy. Vast majority of unlicensed dogs are not
downtown. Concerned about people that can’t afford to license their dogs. Penalties
are large fines and up to one year in jail. Sheltering advocates very opposed to more
dogs ending up in the shelters and getting euthanized. Proposals need to be thought
through more. Waste of police’s time to be checking on dogs.
Jennifer – second Ken’s comments. Has noticed efforts to focus on particular
behaviors of concern that don’t make good public policy sense. How we treat one
another in this community is purview of Commission. Obvious that particular groups
are being targeted. New laws should be last resort. Puts police in position of
criminalization of homelessness. Better to have more social service providers
(CAHOOTS) to deal with these issues than law enforcement. Action at plaza today.
was to make the point that food carts don’t rent entire plaza. Police ruled that they
would not trespass participants.
Richie – Don’t believe this is about homelessness. It is about behaviors. City has
spent a lots of resources to revitalize downtown. Business are downtown again.
Fragile mom and pop businesses. Being hurt, not by homeless people, but by
behaviors of people. Most are traveling through. Behaviors not conducive to people
feeling safe in that area. Intimidating. Dogs and skateboards banned in university
area in 90’s because of same kind of activity. We should be trying to maintain a
positive business environment. Plenty of places for people to gather. Don’t have to
be at Broadway Plaza. Don’t believe this is targeting homeless people.
Philip – All in the language. Appreciate Ken noticing that AIS doesn’t even mention
homelessness. That is a flag. Not really about dog licensing.
Edward – About socio-economic status. Not sure an issue for HRC. Can see the
business perspective. More about who has what rights based on how much money
they have.
Ken – Should be doing same think that party patrol does. Focus on the behavior.
Jennifer – As a woman, I’m not afraid of going downtown. Am afraid of the
expansion of alcohol based businesses in City. Have been accosted by drunk people
downtown at night but not homeless. Gentrification is a bigger problem.
Philip – Worried about this approach expanding to other areas? Richie – This is just
about one corner of the downtown. Not about homeless everywhere. Philip – Can
we get some statistics to show the magnitude of the problem? Richie – we can invite
Police to come to a future meeting.
Andrew – Any action that we want to take? Full incident reports that occur during
the time being proposed for closure. Specific to Broadway Plaza. Mike – Will
request of EPD.
7. Open Discussion (Homelessness Work Group; MUPTE; agenda prioritization;
liaison reports; other announcements)
Andrew shared Mariah Lueng letter. Mike – Have not followed up with Police to get
clarification on what arrest was based on. Will get clarification. Commission would
like more information before considering action. Philip – Will contact Jewish
Federation to see if there is a role for HRC to help mediate. Mike to coordinate with
Philip.
Richie – Updated group on meeting with Jerry Lidz, City Attorney, Lt. Erik Klinko,
Sgt. Crompton, Richie, Ken and Mike. Explored protected class status for homeless,
including homelessness as protected class under Intimidation II and concept of a
homeless bill of rights. CA and police did not express outright objections but asked
many questions. May not have widespread impacts but provides important symbolic
value. All committed to continuing the discussion.
Ken – Music in Meadows was a successful event. Well attended. Concept was to
bring neighbors to the meadows to do education on homelessness.
MUPTE – Mike clarified scheduled Council agenda. Philip – Discussed his work
with another group on a policy recommendation for oversight (CALC, Bob Bussel,
local labor orgs. And others). Will share with HRC to see if this is something the
Commission can support.
Edward – PC completed the policy recommending process for anti- bias policing
policy. Will include socio-economic status. PC now looking into video monitoring
technology for police. Privacy and constitutional issues will be of concern for
Commission. PC had a seat in recent Captain hiring process.
Philip – PSO issue. Thinks misrepresented. Wants to support Lorna. Mike –
Appreciate his help in connecting with the Latino community and clarifying what the
situation is. Will follow up to begin planning how best to do this.
Agenda
City of Eugene
Human Rights Commission
The mission of the Human Rights Commission is to promote implementation of universal human rights values and principles in
all City of Eugene programs and throughout the wider community.
To carry out this mission the commission shall affirm, encourage and initiate programs and services within the City of Eugene
and in the wider community designed to place priority upon protecting, respecting, and fulfilling the full range of universal
human rights as enumerated in the Universal Declaration of Human Rights. To support and promote human rights, the
commission will: provide human rights education, be proactive in human rights efforts, address human rights violations, ensure
active public participation, be transparent and open, and be publicly accountable for human rights progress.
Human Rights Commissioners: Andrew Thomson Chair, Chris Nunes Vice Chair, Richie Weinman, Ken
Neubeck, David Van Der Hagen, Edward Goehring, Philip Carrasco, Mary Clayton, Arun Toke, Debra
Merskin, Greg Evans
Equity and Human Rights Office staff: Michael Kinnison, Lorna Flormoe
The Human Rights Commission typically meets on the third Tuesday of each month.
Tuesday, June 17, 2014
5:30 – 7:30 PM Meeting
Atrium Building, Sloat Room, 99 W. 10th Avenue, Eugene
Contact: Lorna Flormoe, (541) 682-5670, lorna.r.flormoe@ci.eugene.or.us
ITEM TIME ON TASK
1. Welcome from Chair, Agenda/Minutes Review VOTE 5:30-5:35pm (5min)
2. Public Comment 5:35-5:45pm (10min)
3. Support Requests 5:45-5:55pm (10min)
Pride; BEST; Columbia Law School HR Institute
4. Councilor Greg Evans Liaison Report 5:55-6:05pm (10min)
5. Work Planning Process brainstorm 6:05-6:35pm (30min)
6. Staff Update (Environmental Justice Focus Group 6/19 2-4pm; 6:35-6:50pm (15min)
MUPTE; DT Zone; HRC appointments; Paid Sick Leave)
7. Downtown Activity Zone Discussion 6:50-7:10pm (20min)
8. Open Discussion (Homelessness Workgroup; MUPTE; upcoming 7:10-7:30pm (20min)
agenda prioritization; liaison reports; other announcements)
99 W. 10th Avenue, Suite 116, Eugene, OR 97401
541.682.5177 |ehroffice@ci.eugene.or.us | www.eugene-or.gov/hrc
9. Meeting adjourned 7:30pm
Upcoming Events, activities or meetings the HRC needs to be aware of:
• Annual PRIDE Festival, August 9th, Alton Baker Park
The Eugene Human Rights Commission welcomes your interest in these agenda items. This meeting location is
wheelchair accessible. For the hearing impaired, FM-assistive listening devices are available or an interpreter can
be provided with 48 hours’ notice prior to the meeting. Spanish-language interpretation will also be provided with
48 hours’ notice. To arrange for these services, contact staff at (541) 682-5177.
La Comisión de Derechos Humanos agradece su interés por participar en los asuntos de esta agenda. El local de la
reunión tiene acceso para personas en silla de ruedas. Para las personas con dificultades auditivas
ofrecemos sistemas FM para ayudarlo a escuchar, o intérpretes de lenguaje de señas. También ofrecemos
intérpretes de español. Si necesita cualquiera de estos servicios por favor solicítelos con 48 horas de anticipación,
llamando al (541) 682-5177.
99 W. 10th Avenue, Suite 116, Eugene, OR 97401
541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc
MINUTES
Eugene Human Rights Commission
Equity and Human Rights Office – 99 West 10th Avenue
Eugene, Oregon
May 20, 2014
5:30 p.m.
PRESENT: Andrew Thomson, Ken Neubeck, Philip Carrasco, Chris Nunes, Arun Toke,
Richie Weinman, commissioners; Greg Evans, City Council Liaison; Lorna
Flormoe, Michael Kinnison, staff
ABSENT: David Van Der Haughen, Debra Merskin, Mary Clayton, Edward Goehring
The mission of the Human Rights Commission is to promote implementation of human rights
values and principles in al City of Eugene programs and throughout the wider community.
To carry out this mission the commission shall affirm, encourage, and initiate programs and
services within the City of Eugene and the wider community designed to place priority upon
protecting, respecting, and fulfilling the full range of universal human rights as enumerated in
the Universal Declaration of Human Rights. To support and promote human rights, the
commission will: provide human rights education, be proactive in human rights efforts, address
human rights violations, ensure active public participation, be transparent and open, and be
publicly accountable for human rights progress.
1. Welcome from Chair/Agenda Review and Adjustment – Commenced at 5:30 pm
Andrew moved to amend agenda, seconded by Ken seconded, unanimously approved.
Ken moved to approve the minutes as submitted, Chris seconded, unanimously
approved.
2. Public Comment
Nobody present
3. Support Requests
Richie moved to approve Nightingale Sanctuary event request for $200, seconded by
Ken, approved unanimously. Ken volunteered to table for some of the event.
Andrew may be able to attend as well.
4. Council Liaison Report
Page 3 of 16
Councilor Evans - Whoville and Homelessness – we need to be more inclusive with
our other governmental partners in establishing sustainable solutions to the problem.
This means a viable shelter. Council not inclined to establish more rest stops.
Further conversations will be had with Human Services Commission. We need to
invest now in a shelter that is a public solution. This would need all stakeholders to
be on board. City does not have the resources.
University of Oregon – Sexual assault issue has been dealt with primarily by EPD.
There are concerns about protocols not being followed. These issues impact
everyone; it is not just a UO issue. It is unclear if there is a role for the HRC.
Willamette Street current topic.
The Paid Sick Leave policy discussion is coming back to Council. A committee has
been formed to discuss what a proposed ordinance could look like. Many people in
the business community are concerned and not supportive. There is lots of work to be
done to reconcile the two sides.
Ken – Decriminalization of homeless is not being addressed and it is hard to be heard
on the issue. It is stressful to homeless folks who are fined and can’t pay and are
being moved from place to place, etc. There was a time that police would leave
people alone unless there was a complaint received. He supports a shelter but we
can’t wait until a shelter is constructed to address this problem.
Councilor Evans – There is lots of fear about homeless and establishing temporary
places for homeless. The push back is strong from community.
Arun – What about Civic stadium as a site for homeless to stay while it is being sold?
Councilor Evans – Some in community expressed vehement opposition to that.
Richie – School District 4J District would not support.
5. Kaitlin Grigsby and Rob Zako, Exec. Director, Better Eugene and Springfield
Transit
Better Eugene and Springfield Transit (BEST) is working on promoting a regional
triple bottom-line transportation system. BEST was formed in response to the West
Eugene EmX process and interest in supporting bus rapid transit. Susan Ban, Terry
McDonald, Laurie Trieger, Carmen Urbina have all been involved on the Board of
Advisors. Social equity is important to the group. The group also wants to be
proactive to EmX opposition for future routes. BEST is also interested in how to
fund transit operations in the future. They are out speaking to different groups with
social equity as part of their agenda. How is transit important to HRC and
stakeholders you represent?
Page 4 of 16
Richie - The people that need transit use it, for example, the poor, disabled, elderly,
etc. He is concerned about social equity for them. Having a good transit system is
critical; for the rest of us it is a convenience. The HRC has discussed transit in
context of EmX expansion.
Ken - Concerned about equitable access to social services and government services.
It is a human rights issue. Good transit is important for helping us become a Human
Rights City.
Philip – Good transit can reduce transportation expenses, improve health and increase
mobility.
Ken – All three aspects of TBL have human rights ties. For example, having access
to jobs helps economic prosperity. Getting cars off street and reducing pollution
helps achieve the human right to health.
Councilor Evans – Transit dependence is key to addressing issues of poverty. Transit
service has been reduced in recent years. Operational funds are going to be a future
problem for our transit system. Need to have good transit and access to jobs for
working poor. Need to expand the system as much as possible. This is important for
helping close prosperity gaps in our community.
Arun – We should support a system like BART. We don’t have frequent enough
service in many parts of town. Need to increase frequency of routes in areas planned
for EmX to increase community support.
Philip – Have you been coordinating with LTD? LTD route map leaves some areas
of Bethel unserved.
Rob – We have heard similar concerns about people in poverty from other groups.
Not enough transit passes made available. Routes not frequent enough for important
services. Lack of service early morning or late at night or on weekends impacts
access to work. Message we’re getting is that our existing service is pretty good but
it is not meeting our need. We’ll be providing a report to community (will send draft
to HRC) about what we’ve heard. Solutions lie partly with money but partly with
political will.
6. Steve McIntire, Chair, Civilian Review Board (CRB)
He discussed role of CRB. They meet 10-12 times per year and often deal with issues
that HRC does, for example homelessness. The CRB oversees the role of the Police
Auditor. They reviews closed cases received from complainant or recommended
from Auditor and consider policy changes to improve police function. They are
seeing an increase in cases reported by police officers. Reviews how cases were
investigated and monitored by police. Encourage police to use audio and video.
Page 5 of 16
CRB includes a member of the Police Commission to make policy recommendations.
Police are improving their operations although room for improvement remains.
Auditor produces a newsletter update that identifies status of cases and is a good way
for HRC to monitor and/or stay informed. The latest annual report can be shared.
They would be interested in formalizing a process where the CRB reviews at least
one case a year at the request of the HRC. Would also like for HRC to come to CRB
to discuss the Commission’s workplan and current priorities.
Ken – What information would HRC have access to for a case?
Steve – could provide enough for you to tell if it is a human rights issue but there are
confidentiality issues.
Ken – it might be helpful to have a member of the CRB present when a case is
discussed at the HRC.
Steve – will take that back for further discussion.
7. Work Planning Logistics – Staff proposal for process
Consider doing preplanning in June with a couple of representatives from HRC. This
group would make some recommendations on a process including times to meet in
July. Staff is to find time on Council agenda in September. Andrew, Philip and
Richie volunteered to work with staff on a recommended process and bring back to
the HRC in June.
8. Debrief of Quarterly meetings with Mayor and City Manager
Homelessness - Housing First model is being looked at and there is interest in
collaborating with other stakeholders/governments on shelter option. Rest stops are
not a priority for Council now.
MUPTE – Concerns were expressed about labor exploitation. Discussed importance
of educating Council about the issue and actual stories of people impacted. It would
be important to be clear and focused on any policy recommendations. City has
limited capacity to police the issue. Councilor Evans – Council has some awareness
of the labor issue. Problem with Capstone was that we had no rigor in the process. A
stronger process is needed to build in community benefits and accountability.
Council is discussing this now. Richie – Cannot go back and change rules on those
currently awarded. Original goal was to create compact urban growth and combat
urban sprawl. Not necessarily meeting other community goals. There is support
from HRC around adding something that deals with labor violations and should be
grounds for losing one’s tax exemption.
Envision Eugene – Encouraged to track process and provide input where can.
9. Staff Update
Page 6 of 16
Updates on office changes and NUSA were given. Philip – there is a need to reach
out to Latino community to clarify impacts with elimination of the vacantPublic
Service Officer position. Staff will follow up with Philip to identify stakeholders to
connect with.
10. Open Discussion –
Andrew – Submitted a letter to Mayor and Council and City Manager requesting a
temporary moratorium on enforcing the ban on camping. He believed the action was
consistent with bylaws. It was an urgent request from the Homeless Workgroup so
decided to act. It was consistent with our support for decriminalization of
homelessness. Apologize if some felt this was an overstep of authority and would
like to discuss.
Ken – Bylaws give a certain degree of leeway in communicating with Council.
Would be helpful to inform body what you are doing and why to give some context
on your action.
Councilor Evans – Consider addressing this type of issue during work planning as a
bylaws revision. It definitely should be clarified.
Ken – There are some issues that are so fundamentally human rights issues that it is
imperative for the HRC to advocate around them. Don’t believe we need to stifle our
voice on important issues out of respect of the Council. Councilor Evans – That is
not an issue for the HRC. The Commission has always operated respectfully.
However, some in the advocate community have dealt with Council in a way that has
alienated councilors and undermined support for the issue. Personal attacks are not
helpful.
Richie – Suggested to Councilor Evans that Council recommend that the HRC have
some input into the Poverty and Homelessness Commission. Councilor Evans agreed
this would be good and to bring this up with Council.
Philip – Asked for clarification of membership on the committee investigating the
Paid Sick Leave ordinance. He was referred to a list in this month’s packet.
Councilor Evans identified affiliations. Work sessions are scheduled for June with
action sometime late in July. Staff will follow up on how HRC can have a voice in
the process.
Philip – Difficult to have people feel comfortable telling their story about how they
were treated on a MUPTE project. If folks are undocumented they have real fears
about repercussions of coming forward. He does not support the City Manager
appointing a review panel; it should be an independent body. Need an independent
review of proposals and during the life of the exemption.
Page 7 of 16
Integration Network was very positive. Education, health, law enforcement, and even
MUPTE were discussed.
Page 8 of 16
Dear Fellow Human Rights Commissioners,
I am a member of the national Human Rights at Home Campaign, which seeks to build human
rights principles into the way government at all levels operates. The Campaign is calling for
improved human rights implementation and monitoring through increased coordination between
federal, state and local actors, and federal resource support for state and local government efforts
to promote and protect human rights. To ensure meaningful human rights implementation, the
Campaign is also calling for new federal human rights mechanisms to facilitate this coordination.
As part of this effort, the Campaign’s State and Local Subcommittee, on which I serve, has
drafted a letter to Tom Malinowski, Assistant Secretary of State for Democracy, Human Rights
and Labor, calling on the federal government to
- include “state and local agencies and officials in all future treaty reviews, including
the upcoming reviews of compliance with the International Convention on the
Elimination of All Forms of Discrimination and the Convention Against Torture, as well
as the Universal Periodic Review process.”
- “widely disseminate treaty body recommendations, communicate how they relate to
state and local policy, and provide guidance on practices that can address areas of
concern”; and
- provide “dedicated staff, education, training, and funding to help state, county and
municipal governments fully comprehend and engage with the United States’ human
rights obligations”
Attached is brief information on treaties the U.S. has ratified and the Universal Periodic Review
process, and a copy of the letter to Assistant Secretary Malinowski. I hope that the HRC will
vote to sign on to this letter and demonstrate its support for federal guidance and support for
local implementation of human rights.
If you vote to sign on, the HRC chair may send a signed copy of the letter to me or simply
acknowledge in an email to me that the HRC agrees to sign on to this letter. I have also invited
Mayor Piercy to sign on, and other mayors and commissions around the country are being
invited as well.
Sincerely yours,
Ken Neubeck
Member, State and Local Subcommittee, Human Rights at Home Campaign
cc: Michael Kinnison, Manager, City of Eugene Equity and Human Rights Office
Lorna Flormoe, Staff Member, City of Eugene Equity and Human Rights Office
Andrew Thomson, Chair, Eugene Human Rights Commission
Page 11 of 16
!
!
BACKGROUND+INFORMATION+ON+THE+U.S.+AND+HUMAN+RIGHTS+
REVIEWS+
I.# TREATY#REVIEWS#OF#THE#UNITED#STATES
The!United!States!has!ratified!several!major!international!human!rights!treaties:!
• The#International#Covenant#on#Civil#and#Political#Rights#(ICCPR),!ratified!in!
1992,!protects!most!traditional!civil!rights,!including!voting,!speech,!and!religion;!
The!ICCPR!includes!protections!for!basic!human!rights!such!as!the!right!to!life!
and!to!human!dignity,!freedom!of!speech!and!association,!freedom!from!torture!
and!arbitrary!detention,!fair!trial!and!minority!rights.!!The!ICCPR!prohibits!
discrimination!and!guarantees!equality!before!the!law!and!equality!between!
women!and!men.!!!
!
• The#Convention#on#the#Elimination#of#All#Forms#of#Racial#Discrimination#
(CERD),!ratified!in!1994,!protects!against!racial!discrimination.!!
CERD!prohibits!discrimination!in!the!areas!including!voting,!education,!health,!
housing,!property,!social!security,!and!employment.!!It!defines!discrimination!
broadly!to!include!laws!with!“the!purpose!or!effect”!of!impairing!enjoyment!of!
human!rights.!!It!also!calls!on!governments!to!take!appropriate!measures!to!
review!and!eliminate!laws!that!create!or!perpetuate!discrimination.!!!!
!
• The#Convention#Against#Torture#(CAT),!ratified!in!1994.!
The!CAT!requires!measures!to!end!acts!of!torture!and!criminalize!them.!!It!also!
calls!for!governments!to!prevent!acts!of!cruel,!inhuman!and!degrading!
treatment,!and!to!investigate!allegations!of!such!treatment.!!!
#
• Two#Optional#Protocols#to#the#Convention#on#the#Rights#of#Child,#ratified#in#
2002:!
• The#Optional#Protocol#on#the#Sale#of#Children,#Child#Prostitution#and#Child#
Pornography.!!This!Protocol!provides!detailed!requirements!aimed!at!ending!the!
sexual!exploitation!and!abuse!of!children,!as!well!as!other!forms!of!forced!labor!
and!illegal!adoption.!!It!further!calls!for!legal!and!support!services!for!children!
and!international!cooperation!in!efforts!to!end!these!abuses#
• The#Optional#Protocol#on#the#Involvement#of#Children#in#Armed#Conflict.###
This!Protocol!aims!to!limit!the!participation!of!those!under!18!in!recruitment!and!
deployment!and!to!provide!basic!protections!to!former!child!soldiers.!
For!each!treaty,!there!is!a!permanent!United!Nations!body!of!experts!charged!with!
monitoring!countries’!compliance!with!human!rights!obligations!in!that!treaty.!!Ratifying!
countries!are!required!to!periodically!report!to!these!monitoring!bodies!on!their!progress!in!
meeting!their!human!rights!commitments!under!the!treaty.!!Civil!society!also!has!an!
opportunity!to!provide!an!assessment!of!compliance!with!treaty!obligations.!!Ultimately,!the!
treaty!body!issues!Concluding!Observations,!summarizing!concerns!and!recommendations!
that!the!country!under!review!should!address.!!!!
The$U.S.$will$be$reviewed$for$its$progress$implementing$the$CERD$in$August,$2014$and$CAT$in$
Page 12 of 16
November,$2014.$$
+
+
THE+2014+ICCPR+REVIEW+
In!March!of!2014,!the!U.S.!underwent!a!formal!review!of!its!compliance!with!the!ICCPR.!!
A!delegation!of!U.S.!federal!agency!representatives,!as!well!as!a!mayor,!state!attorney!
general!and!local!human!rights!agency!representative!traveled!to!Geneva!to!participate!
in!the!review!and!represent!the!United!States.!!At!the!conclusion!of!the!review,!the!U.N.!
expert!Committee!issued$a$number$of$conclusions$and$recommendations!regarding!the!
United!States.!!These!Concluding!Observations!touch!on!issues!of!federal,!state!and!local!
concern,!including!racial!profiling,!gun!violence,!domestic!violence,!voting!and!
homelessness.+
+
II.# THE#UNIVERSAL#PERIODIC#REVIEW#(“UPR”)#
The!United!Nations!Human!Rights!Council!reviews!the!human!rights!records!of!all!193!
United!Nations!Member!States!once!every!four!years!through!the!Universal!Periodic!
Review!(“UPR”)!process.!!This!peer!review!process!provides!an!opportunity!for!each!
country!to!discuss!what!actions!it!has!taken!to!fulfill!its!human!rights!obligations!and!
presents!non\governmental!organizations!with!an!opportunity!to!advocate!for!greater!
protection!or!publicize!human!rights!violations.!!The!United!States!underwent!its!first!
UPR!review!in!2010!and!will!be!reviewed!again!in!2015.!!
The!2010!UPR!resulted!in!228!recommendations!for!ways!in!which!the!United!States!
can!improve!human!rights!conditions!domestically.!!Like!recommendations!from!the!
ICCPR!review,!many!of!these!recommendations!relate!to!issues!within!state!and!local!
government!jurisdiction,!including!employment,!housing!and!criminal!justice.!!The!
second!review,!next!year,!will!focus!on!U.S.!progress!in!implementing!the!
recommendations!from!the!2010.!!
!
!
***$
For$more$information$on$ways$that$state$and$local$governments$can$use$human$rights$to$
advance$local$policy,$visit$the$website$for$Columbia$Law$School’s$Human$Rights$Institute:$
http://web.law.columbia.edu/humanNrightsNinstitute/humanNrightsNus/treatyN
implementation/stateNandNlocalNwork$
!
Page 13 of 16
Tom Malinowski
Assistant Secretary, Bureau of Democracy, Human Rights and Labor,
U.S. Department of State
2201 C Street NW
Washington, DC 20520
July [#], 2014
Dear Assistant Secretary Malinowski,
We write, as representatives of state and local government, to commend the U.S.
government on its robust engagement with the U.N Human Rights Committee during its
recent review of U.S. compliance with the International Covenant on Civil and Political
Rights (ICCPR) and to share recommendations on how the federal government can
support state and local actors working to promote and protect human rights.
The U.S. government’s inclusion of three state and local officials in its delegation
for the ICCPR review recognized the important role that state and local officials play in
implementing the United States’ human rights commitments. State and local
participation enriched the conversation during the U.S. consultation with civil society and
during the interactive dialogue with the Human Rights Committee, adding a breadth and
depth of expertise to the discussions, including on issues of homelessness, domestic
violence and LGBT discrimination.
The Human Rights Committee’s Concluding Observations reflect that
strengthening the U.S. human rights record requires cooperation and collaboration
between all levels of government. They highlight numerous gaps between the protections
afforded by the ICCPR and the reality in local communities. Addressing these gaps
requires broad state and local awareness of human rights principles and their application
to subnational entities.
During the interactive dialogue Deputy Assistant Secretary Scott Busby made the
laudable commitment to disseminate the Human Rights Committee’s Concluding
Observation to state and local actors. This commitment is in line with the Human Rights
Committee’s recommendations to “engage with stakeholders … to give greater effect to
the Covenant” and, “strengthen and expand [federal, state and local] mechanisms
mandated to monitor the implementation of human rights…[and] provide them with
adequate human and financial resources.”1
Today, we write to seek your support and guidance so we can do this to the best
of our ability.
1
Concluding Observations of the Human Rights Committee: United States of America,
para. 4(b);(d), U.N. Doc. CCPR/C/USA/CO/4 (Apr. 23, 2014), available at
http://justsecurity.org/wp-content/uploads/2014/03/UN-ICCPR-Concluding-
Observations-USA.pdf.
Page 1 of 3
Page 14 of 16
An important step towards complying with the U.S. government’s commitments
and obligations is to widely disseminate treaty body recommendations, communicate
how they relate to state and local policy, and provide guidance on practices that can
address areas of concern. This type of proactive engagement will educate state and local
officials on human rights standards and enhance our capacity to engage in activities that
bolster human rights compliance. A number of federal agencies and officials are well-
placed to effectively communicate the Committee’s recommendations and give them
meaning at the state and local level, including agencies with which state and local
governments have prior relationships, such as the Department of Justice and others within
the Equality Working Group.
We further urge the United States to include a diverse delegation of state and local
agencies and officials in all future treaty reviews, including the upcoming reviews of
compliance with the International Convention on the Elimination of All Forms of
Discrimination and the Convention Against Torture, as well as the Universal Periodic
Review process. This will both strengthen the reviews and help to ensure that the
resulting recommendations translate into positive domestic practice at the local level.
In 2013, both the IAOHRA – the umbrella organization of state and local human
rights agencies with a membership of approximately 160 agencies from across the
country – and the U.S. Conference of Mayors, an organization representing cities of
30,000 or more, passed resolutions committing to promote and protect human rights
locally. Yet, to implement human rights, the members of these organizations require
federal support and guidance.
By taking the steps outlined above, the United States will make important strides
towards improving human rights implementation across the country, at every level of
government. The federal government should further provide dedicated staff, education,
training, and funding to help state, county and municipal governments fully comprehend
and engage with the United States’ human rights obligations.
We stand ready to work in partnership with the federal government to help the
U.S. meet its obligations to respect, protect and fulfil human rights for all. We look
forward to working with you in these efforts and welcome the opportunity to discuss
these recommendations further.
Sincerely,
[SIGN ONs]
cc:
Mary Mcleod, Principal Deputy Legal Adviser, Office of Legal Adviser, U.S.
Department of State
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Scott Busby, Deputy Assistant Secretary, Bureau of Democracy, Human Rights,
and Labor, U.S. Department of State
David Sullivan, Legal Adviser to U.S. Mission to the United Nations, U.S.
Department of State
Kathleen Hooke, Assistant Legal Advisor for Human Rights and Refugees, Office
of the Legal Advisor, U.S. Department of State
Dean Pittman, Assistant Secretary, International Organization Affairs,
Department of State
Jesse Tampio, Attorney-Adviser, Office of Human Rights & Refugees, U.S.
Department of State
Sue Biniaz, Deputy Legal Adviser, Office of the Legal Adviser
Karen Stevens, Senior Counsel, Civil Rights Division, Department of Justice
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