Human Rights Office

Istituto Internazionale Maria Ausiliatrice -IIMA

NGO in special consultative status with the Economic and Social Council of the United Nations

Geneva, 5th November 2010

Universal Periodic Review of the United States of America

The Universal Periodic Review (UPR) is a unique process which involves a review of the human rights
records of all 192 UN Member States once every four years. It was created through the UN General
Assembly on 15 March 2006 by resolution 60/251. The UPR is a State-driven process, under the auspices of
the Human Rights Council, which provides the opportunity for each State to declare what actions they have
taken to improve the human rights situations in their countries and to fulfil their human rights obligations.

The first UPR of the United States of America took place on November 5, 2010 at Palais des Nations, in
Geneva. The head of the delegation, Ms. Esther Brimmer, Assistant Secretary to the Bureau of International
Organizations represented the US delegation in welcoming the opportunity to compile best practices and
prioritize human rights issues. Ms. Brimmer recalled the United States foundations of human rights,
guaranteeing freedom of speech, religion, press, and assembly established in the Bill of Rights. An important
value for the country is constructive dialogue by its citizens and that is why they consulted numerous civil
society organizations in 12 cities across the country in writing the national report submitted for the review.
Interventions by Member States brought to the attention of the State under Review areas of human
rights violations that should be addressed, namely, the use of the death penalty, torture in detention facilities,
racial and religious discrimination, and low membership in the UN treaty bodies1.
In the US the death penalty is currently authorized by 35 states, the federal government and the U.S.
military. The following recommendations were given concerning this practice:
• Abolish the death penalty or establish a moratorium suspending this practice
• Due to the disproportionate amount of minorities, work to eliminate the racial disparities in the death
penalty sentencing
• Withdraw reservation on Article 6, paragraph 5 of the ICCPR2, which forbids imposition of the death
penalty on offenders who were under the age of 18 when their crimes were committed
• Make it illegal to use this form of punishment on mentally ill or disabled persons
The US delegation ensured the States that the government take the utmost care in the review of persons
sentenced to death, and is only imposed for the most serious crimes. The Supreme Court has declared that the
persons under 18 and with intellectual disabilities cannot be sentenced to death. They also informed the
Human Rights Council that as of May 2010, juvenile offenders committing crimes other than murder cannot
be sentenced to life without chance of parole.
The States’ interventions during the UPR brought the attention to inhumane torture treatment by the USA
at Guàntanamo Bay detention facility, and they recommended the following:
• Close Guàntanamo Bay detention center and all other secret detention centers and implement plans
to transfer or release prisoners
• Prosecute violators of war crimes
• Supported the CAT3 recommendation to invite the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment to investigate detention centers with full cooperation
of the government
In response to these comments, the US legal advisor, Harold Koh reiterated Barak Obama’s commitment to
closing Guàntanamo, but explained the complexity of this task concerning the transfer and protection of the

1
UN Treaty Bodies : committees of independent experts that monitor implementation of the core international human
rights treaties.
2
ICCPR : International Covenant on Civil and Political Rights
3
CAT : Committee Against Torture

IIMA Human Rights Office – 243, Route de Veyrier – CH 1255 Veyrier- Geneva

0041 22 7841814
0041 22 7843201  www.cgfmanet.org  http://dirittiumanifma.blogspot.com/
 Human Rights Office
Istituto Internazionale Maria Ausiliatrice -IIMA
NGO in special consultative status with the Economic and Social Council of the United Nations

remaining 174 prisoners. It will need involvement by the courts, allies, and Congress. Additionally, the US is
committed to complying with international rule of law during wartime. The government has thoroughly
investigated detainee abuse allegations and hundreds of disciplinary actions have been taken including
preventative measures such as rigorous human rights training to Iraqi military.
Several concerns over discrimination were brought up during the 3-hour session, and those
recommendations to eliminate prejudice included:
• Promote and provide equal access to educational opportunities for children of racial and ethnic
minorities in particular African, Latin, and Asian Americans
• Formulate a plan to eradicate poverty and provide equal and adequate housing and healthcare for
minorities
• Reduce racial profiling by police and security officers and take steps towards the elimination of
Arizona immigration law4 that permits discriminatory practices
• Eliminate excessive force use by law enforcement officials towards persons of ethnic or religious
minority
The US delegation assured its intention to address racial, religious, and other forms of discrimination through
training of smart enforcement, and is working hard to prosecute hate crimes based on discrimination. The
government’s challenge of the Arizona law to block key sections is in the court of appeals now. In the area of
education, the government plans to implement anti-bullying and anti-harassment education, and ensure
children with disabilities receive a quality education. On the issue of airport screening, the State hopes to
implement real time intelligence in the near future rather than inspection based on country of origin or last
name.
The recommendation to join the 12 UN treaty bodies that the U.S. was not a member of, and to
create an independent Human Rights Institution, was expressed by nearly every State. In this respect, as a
part of the treaties, the State would be obliged to implement international human rights law into national
legislation. Some of the treaties included the CRC5, CMW6, and IESCR7.
The State responded that it seeks to ensure domestic compliance before ratifying any treaty. Obama is
specifically committed to ratifying CEDAW8 and CRPD9.
The United States delegation was thankful for the opportunity for constructive dialogue, and
welcomes the recommendations by the States. They also thanked civil society for playing a key role in the
review process in identifying their human rights problems faced in the country.

4
Arizona Senate Bill 1070
5
Convention on the Rights of the Child
6
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
7
International Covenant on Economic, Social and Cultural Rights
8
Convention on the Elimination of All Forms of Discrimination against Women
9
Convention on the Rights of Persons with Disabilities

IIMA Human Rights Office – 243, Route de Veyrier – CH 1255 Veyrier- Geneva

0041 22 7841814
0041 22 7843201  www.cgfmanet.org  http://dirittiumanifma.blogspot.com/