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Executive Order 13107-1998-12-14-Pg2459

Executive Order 13107-1998-12-14-Pg2459

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Human Rights
Human Rights

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2459
Administration ofWilliam J. Clinton, 1998/Dec. 1
Executive Order 13107—Implementation of HumanRights Treaties
December 10, 1998 
By the authority vested in me as Presidentby the Constitution and the laws of theUnited States of America, and bearing inmind the obligations of the United Statespursuant to the International Covenant onCivil and Political Rights (ICCPR), the Con-vention Against Torture and Other Cruel, In-human or Degrading Treatment or Punish-ment (CAT), the Convention on the Elimi-nation of All Forms of Racial Discrimination(CERD), and other relevant treaties con-cerned with the protection and promotion of human rights to which the United States isnow 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 policyand practice of the Government of theUnited States, being committed to the pro-tection and promotion of human rights andfundamental freedoms, fully to respect andimplement its obligations under the inter-national human rights treaties to which it isa party, including the ICCPR, the CAT, andthe CERD.(b) It shall also be the policy and practiceof the Government of the United States topromote respect for international humanrights, both in our relationships with all othercountries and by working with and strength-ening the various international mechanismsfor the promotion of human rights, including,
inter alia 
, those of the United Nations, theInternational Labor Organization, and theOrganization of American States.
Sec. 2.
Responsibility of Executive Depart- ments and Agencies.
(a) All executive depart-ments and agencies (as defined in 5 U.S.C.101–105, including boards and commissions,and hereinafter referred to collectively asagency’’ or agencies’’) shall maintain a cur-rent awareness of United States internationalhuman rights obligations that are relevant totheir functions and shall perform such func-tions so as to respect and implement thoseobligations fully. The head of each agencyshall designate a single contact officer whowill be responsible for overall coordinationof the implementation of this order. Underthis order, all such agencies shall retain theirestablished institutional roles in the imple-mentation, interpretation, and enforcementof Federal law and policy.(b) The heads of agencies shall have leadresponsibility in coordination with other ap-propriate agencies, for questions concerningimplementation of human rights obligationsthat fall within their respective operating andprogram responsibilities and authorities or,to the extent that matters do not fall withinthe operating and program responsibilitiesand authorities of any agency, that mostclosely relate to their general areas of con-cern.
Sec. 3.
Human Rights Inquiries and Com- plaints.
Each agency shall take lead respon-sibility in coordination with other appropriateagencies, for responding to inquiries, re-quests for information, and complaints aboutviolations of human rights obligations that fallwithin its areas of responsibility or, if thematter does not fall within its areas of respon-sibility, referring it to the appropriate agencyfor response.
Sec. 4.
Interagency Working Group on Human Rights Treaties.
(a) There is herebyestablished an Interagency Working Groupon Human Rights Treaties for the purposeof providing guidance, oversight, and coordi-nation with respect to questions concerningthe adherence to and implementation of human rights obligations and related matters.(b) The designee of the Assistant to thePresident for National Security Affairs shallchair the Interagency Working Group, whichshall consist of appropriate policy and legalrepresentatives at the Assistant Secretarylevel from the Department of State, the De-partment of Justice, the Department of Labor, the Department of Defense, the JointChiefs of Staff, and other agencies as thechair deems appropriate. The principalmembers may designate alternates to attendmeetings in their stead.(c) The principal functions of the Inter-agency Working Group shall include:(i) coordinating the interagency review of any significant issues concerning the imple-mentation of this order and analysis and rec-ommendations in connection with pursuing
 
2460
Dec. 10/Administration ofWilliam J. Clinton, 199
the ratification of human rights treaties, assuch questions may from time to time arise;(ii) coordinating the preparation of reportsthat are to be submitted by the United Statesin fulfillment of treaty obligations;(iii) coordinating the responses of theUnited States Government to complaintsagainst it concerning alleged human rightsviolations submitted to the United Nations,the Organization of American States, andother international organizations;(iv) developing effective mechanisms toensure that legislation proposed by the Ad-ministration is reviewed for conformity withinternational human rights obligations andthat these obligations are taken into accountin reviewing legislation under considerationby the Congress as well;(v) developing recommended proposalsand mechanisms for improving the monitor-ing of the actions by the various States, Com-monwealths, and territories of the UnitedStates and, where appropriate, of NativeAmericans and Federally recognized Indiantribes, including the review of State, Com-monwealth, and territorial laws for their con-formity with relevant treaties, the provisionof relevant information for reports and othermonitoring purposes, and the promotion of effective remedial mechanisms;(vi) developing plans for public outreachand education concerning the provisions of the ICCPR, CAT, CERD, and other relevanttreaties, and human rights-related provisionsof domestic law;(vii) coordinating and directing an annualreview of United States reservations, declara-tions, and understandings to human rightstreaties, and matters as to which there havebeen nontrivial complaints or allegations of inconsistency with or breach of internationalhuman rights obligations, in order to deter-mine whether there should be considerationof any modification of relevant reservations,declarations, and understandings to humanrights treaties, or United States practices orlaws. The results and recommendations of this review shall be reviewed by the head of each participating agency;(viii) making such other recommendationsas it shall deem appropriate to the President,through the Assistant to the President forNational Security Affairs, concerning UnitedStates adherence to or implementation of human rights treaties and related matters;and(ix) coordinating such other significanttasks in connection with human rights trea-ties or international human rights institu-tions, including the Inter-American Commis-sion on Human Rights and the SpecialRapporteurs and complaints procedures es-tablished by the United Nations HumanRights Commission.(d) The work of the Interagency WorkingGroup shall not supplant the work of otherinteragency entities, including the Presi-dent’s Committee on the International LaborOrganization, that address internationalhuman rights issues.
Sec. 5.
Cooperation Among Executive De- partments and Agencies 
. All agencies shallcooperate in carrying out the provisions of this order. The Interagency Working Groupshall facilitate such cooperative measures.
Sec. 6.
Judicial Review, Scope, and Ad- ministration 
. (a) Nothing in this order shallcreate any right or benefit, substantive orprocedural, enforceable by any party againstthe United States, its agencies or instrumen-talities, its officers or employees, or any otherperson.(b) This order does not supersede Federalstatutes and does not impose any justiciableobligations on the executive branch.(c) The term ‘treaty obligations’’ shallmean treaty obligations as approved by theSenate pursuant to Article II, section 2,clause 2 of the United States Constitution.(d) To the maximum extent practicableand subject to the availability of appropria-tions, agencies shall carry out the provisionsof 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]N
OTE
: This Executive order will be published inthe
Federal Register 
on December 15.

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