Reps. Raskin, Castro Raise Concerns That Upcoming Report by State Department's 'Unalienable Rights' Commission Will Harm Global Human Rights

WASHINGTON, June 10 -- Rep. Jamie Raskin, D-Maryland, issued the following news release:

Rep. Jamie Raskin, the Chairman of the Subcommittee on Civil Rights and Civil Liberties within the Committee on Oversight and Reform, and Rep. Joaquin Castro, the Chairman of the Subcommittee on Oversight and Investigations within the Committee on Foreign Affairs, sent a letter to the State Department's Commission on Unalienable Rights to express serious misgivings about reports that the Commission may change the way the United States upholds human rights around the world.

"We are aware that the Commission's hearings recently ended, and that the Commission is reportedly preparing its final report," the Chairs wrote. "We are concerned that this report will undermine our nation's ability to lead on critical issues of universal human rights, including reproductive freedom and protections for millions of people globally in the LGBTQ community."

The Commission's focus on "natural law" has been interpreted by some advocacy groups and Department staff alike as an attempt by the Trump Administration to redefine human rights based on religious objections to reproductive freedom and protections for members of the LGBTQ community.

Reports (https://abcnews.go.com/Politics/state-dept-panel-redefine-human-rights-based-natural/story?id=63400485) indicate that Robert George, who has cited his conception of "natural law" to argue against homosexuality and reproductive freedom, played a prominent role in the Commission. Commission members reportedly used hearings to "demonstrate skepticism toward human rights treaties and institutions," which threatens to undermine the responsibility of the United States to comply with international human rights treaties.

In addition, it appears that the creation and operation of the Commission may have violated the Federal Advisory Committee Act.

Last year, the Foreign Affairs Committee launched an investigation into the Commission, but has yet to receive an adequate response from the State Department.

The Subcommittees request a briefing by June 26, 2020 with the State Department on the Commission, as well as documents and information regarding its creation and activities by June 23, 2020.

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June 9, 2020

To: The Honorable Mary Ann Glendon, Ambassador and Chair, Dr. Peter Berkowitz, Executive Secretary, Commission on Unalienable Rights, 2201 C Street, N.W., Washington, D.C. 20520

Dear Ambassador Glendon and Dr. Berkowitz:

We write to express our serious misgivings about the direction taken by the State Department's new Commission on Unalienable Rights and how its anticipated report may change the way the State Department treats violations of human rights around the world. We are aware that the Commission's hearings recently ended, and that the Commission is reportedly preparing its final report./1

We are concerned that this report will undermine our nation's ability to lead on critical issues of universal human rights, including reproductive freedom and protections for millions of people globally in the LGBTQ community. The Commission's purpose is ostensibly to "provide fresh thinking about human rights discourse where such discourse has departed from our nation's founding principles of natural law and natural rights." The Commission's focus on "natural law" has been interpreted by some advocacy groups and Department staff alike as an attempt by the Trump Administration to redefine human rights based on religious objections to reproductive freedom and protections for members of the LGBTQ community. Specifically, reports indicate that Robert George, who has cited his conception of "natural law" to argue against homosexuality and reproductive freedom, played a prominent role in the Commission./2

Commission members reportedly used hearings to "demonstrate skepticism toward human rights treaties and institutions" and "advance the idea that human rights are in need of prioritization or being placed into a hierarchy, conceivably with freedom of religion trumping other rights." This is in line with statements that Secretary Pompeo has made claiming that religious freedom is the "first liberty."/3 He has also said that politicians and bureaucrats have blurred the distinction between "unalienable" and "ad hoc" rights, asserting vaguely that "unalienable rights are by nature universal," but that not everything good can be a universal right./ 4

Theocratic states have been trampling the rights of religious minorities, dissenters and secularists, and we should be on the front lines of denouncing religious tyranny as our Enlightenment Forebears were. But counterposing religious freedom against other essential freedoms is an assault on the American Bill of Rights and our history of constitutional jurisprudence upholding the inviolable freedoms of the person against the state. This anomalous new trajectory you have embarked upon threatens to undermine the responsibility of the Department of State to comply with international human rights treaties, including those approved by Congress, such as the International Covenant on Civil and Political Rights./5

In addition, it appears that the creation and operation of the Commission may have violated the Federal Advisory Committee Act, which requires committees to be "fairly balanced in terms of the points of view represented."/6

Several human rights organizations have filed a lawsuit against the Commission alleging that none of the Commission's Members support LGBTQ and reproductive rights as articulated by the U.S. Supreme Court. The groups have also alleged that the Act requires the Commission to make almost all meetings and records open to the public, but the Commission has held mostly closed-door meetings and kept records private./7

This letter, in part, follows on the work of the House Committee on Foreign Affairs, which launched an investigation into the Commission last year and has yet to receive an adequate response from the State Department about this matter./8

In light of these serious concerns, the Subcommittee on Oversight and Investigations within the Committee on Foreign Affairs and the Subcommittee on Civil Rights and Civil Liberties within the Committee on Oversight and Reform request a briefing by June 26, 2020 with the State Department on the Unalienable Rights Commission. In addition, please produce by June 23, 2020, the following documents and information covering the time period of January 1, 2019, to present:

1. All documents referring or relating to concerns or inquiries that provided the rationale for creating this Commission and why "fresh thinking" on human rights was necessary;

2. The criteria that were used to determine who was appointed to this Commission;

3. The Commission's definition of "unalienable" rights and which rights the Commission considers "unalienable;"

4. The Commission's definition of "ad hoc" rights and which rights the Commission considers "ad hoc;"

5. The Commission's definition of "natural law" and the derivation of this definition;

6. The number of meetings the Commission and its subcommittees have had, as well as:

a. The invitees and attendees of those meetings other than the members of the Commission;

b. The subject matter of those meetings;

c. Any minutes and/or notes from those meetings;

7. Copies of all remarks made by speakers at Commission meetings;

8. All briefing materials provided by the Bureau of Democracy, Human Rights, and Labor and the Office of the Legal Advisor to the Commission;

9. All internal and external communications relating to the Commission; and

10. All documents related to the purpose, development, and implementation of the Commission. The Committee on Oversight and Reform is the principal oversight committee of the House of Representatives and has broad authority to investigate "any matter" at "any time" under House Rule X.

The Committee on Foreign Affairs' jurisdiction extends to the Department of State, within which the Commission resides.

An attachment to this letter provides additional instructions for responding to the Committee's request. If you have any questions regarding this request, please contact Committee staff at (202) 225-5051.

See signatories and footnotes here: https://oversight.house.gov/sites/democrats.oversight.house.gov/files/2020-06-09.JR%20JC-HFAC%20to%20State%20re%20Unalienable%20Rights%20Commission.pdf