America Should Reflect on Its Human Rights Problems

Published in Huanqiu
(China) on 13 May 2015
by Shen Dingli (link to originallink to original)
Translated from by Yuzhi Yang. Edited by Danielle Tezcan.
At a recent meeting of the U.N. Human Rights Committee, the committee’s periodic review team conducted a review of the state of human rights in America. This kind of review is done every four and half years for all 193 member countries of the U.N. This review was the second time America has been examined since 2008, when the system was first introduced. During the review, representatives from 122 countries made numerous criticisms and suggestions about the human rights problems in America.

The criticisms of America were concentrated on the American police’s overuse of force, the racial, religious and gender-based discrimination, and the use of torture as well as Guantanamo Bay. Not only are these long-term problems, some of the problems are becoming worse. A lot of facts have proven that American police abuse their power, which has also reflected racism in its law enforcement, especially toward African-Americans. Such problems are the reason America became a target of critiques at the U.N.

From the American government’s own report, in the past few years, there have been frequent “individual or systemic” inappropriate police behavior in America. In the last five years, the American Justice Department has filed criminal lawsuits against more than 335 police officers, and 254 of them have been indicted. Last month, in the state of South Carolina, white police officer Michael Slager killed the African-American man Walter Scott, and a witness recorded the whole incident. The police officer’s shocking behavior was strong evidence for overpolicing, and he has already been fired and is currently facing murder charges. Also last month, Freddie Gray, a young African-American man in Baltimore, died from unnatural causes while in police custody. The grand jury has decided to prosecute the six officers in the case with second-degree murder and other charges.

America has used the excuse of counterterrorism to build prisons in Guantanamo Bay and other places, and it has used torture on suspected criminals and prisoners while evading American and international laws. Even though the severe prisoner abuse has been confirmed by American congressional investigations, the American Justice Department is still defending its mistakes. One of President Obama’s election-time promises was to close Guantanamo Bay, but that has not happened. In this U.N. review, the American police’s abuse of power, the use of torture, and the large-scale surveillance conducted internally and abroad has generated concern from many countries. Developing countries have mostly urged America to sign the series of international human rights treaties as quickly as possible, to follow the recommendations from the U.N. Human Rights Committee, and to take actual steps toward resolving the human rights problems.

It is not surprising that America, in spite of being the biggest developed country in the world, still has many human rights issues. America once violated the indigenous populations’ rights on a large scale, and practiced the brutal slavery system. The so-called God-given human rights America champions were not applicable to minorities for a long time. Even though slavery has been abolished for more than 150 years, during the first 100 years, America still practiced segregation. Even in contemporary America, invisible segregation is still widespread. Minorities in America, especially African-Americans, are obviously disadvantaged in many areas such as housing, living, employment, education and medical care.

The U.N. Human Rights Committee will be using the results of this review to draft a report on the status of human rights in America, listing in detail the many problems and concerns from the meeting. America has the obligation, before the next review, to take effective action to realize these recommendations. America needs to seriously reflect on the reason for its myriad human rights violations and how to fix them. America also really needs to think about why it feels that it can dictate to other countries about human rights. It is not so much that America cannot criticize others but that it cannot criticize others without reason. The bottom line is that America needs to solve its own human rights problems first.

There is no best solution, only better ones, for issues involving human rights. Obviously, for America, which is used to being the international human rights arbiter, it’s time to reexamine itself and learn to respect other countries.


近日,联合国人权理事会开会,该理事会的普遍定期审议工作组对美国人权状况进行了国别审议。这种审议每4年半一次,针对联合国193个成员国,这次则针对美国。这是这项制度自2008年启动以来美国第二次接受审议。在这次审议中,122个国家的代表对美国在人权领域里存在的诸多问题提出了广泛批评和建议。

批评主要集中在美国警察过度执法,美国国内在种族、宗教 和性别方面的歧视,美国滥用酷刑以及在关塔那摩设立监狱等问题。美国不仅长期存在上述痼疾,局部问题还在愈演愈烈。譬如,大量事实已经证明,美国警察执法 经常过度超越界限,这在深层次上反映了美国执法者的种族歧视,尤其是针对非洲裔美国人的歧视。这些问题正是美国在联合国成为众矢之的的重要原因。

根据美国政府自己提交的报告,过去几年里,美国“个别或 系统性”的警员行为失当情况频繁出现。在过去5年中,美国司法部已对超过335名警员的不当行为提出刑事诉讼,截至今年初已有254人被定罪。就在上个 月,南卡罗来纳州白人警察斯拉格枪杀黑人史考特,全程被目击者拍摄,这名警察骇人听闻的行径已构成过度执法的有力证据,他已被解雇并面临谋杀指控。同是在 上月,黑人青年格雷在巴尔的摩被警方逮捕后非正常死亡,大陪审团裁定将以二级谋杀等罪名对当事的6名警察进行集体起诉。

美国以反恐为名,在关塔那摩等地设立监狱,对疑犯和罪犯 滥用酷刑,并逃避美国法律和国际法的约束。虽然美国虐囚的严重违法行为早已被美国国会调查证实,但美国行政部门仍在为自己的错误辩护。美国总统奥巴马在7 年前竞选总统时的许诺之一就是及早关闭关塔那摩监狱,但迄今仍未落实。在这次审议中,美国警方过度执法、实施酷刑以及大规模境内外监控等问题引起了各国的 普遍关注。发展中国家普遍敦促美方尽快签署一系列国际人权公约,切实落实人权理事会的建议,采取具体行动解决人权领域存在的问题。

作为世界上最大的发达国家,美国仍然存在诸多人 权问题,其实并不奇怪。美国曾经大规模侵犯土著人权利,并实行野蛮的奴隶制度。美国所宣称的天赋人权,长期以来并不对少数族裔适用。即使美国废奴已有1个 半世纪,但美国在其中的前100年时间里仍长期实施种族隔离制度。即使在当今美国,事实上仍存在广泛的隐性隔离。在居住、生活、就业、教育和医疗等社会生 活领域,美国少数族裔尤其是非洲裔明显地全面处于弱势。

联合国人权理事会工作组将根据本次审议情况起草 一份美国人权状况工作报告,详细列出本次会议提出的各种问题与关切。美国有责任在下次审议之前,为落实这些建议采取有效行动。通过这次审议,美国不仅需要 认真反省自身在人权领域的诸多问题症结究竟何在,以及如何改正,更需要好好反思自己一贯对他国人权状况指手画脚的底气到底从何而来。美国不是没有权利批评 他方,而是不能无理指责,关键是必须首先认真解决自己在人权领域的各种问题。

在人权问题上,从来没有最好,而是只有更好。显然,当惯了世界人权裁判员的美国,也应该通过这次审议重新认识自己、学会尊重各国了。(作者为复旦大学国际问题研究院副院长、教授)
This post appeared on the front page as a direct link to the original article with the above link .

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1 COMMENT

  1. How can a writer go on and on-speaking truth, of course-about smoldering injustice in America-in many ways still the most promising country on the planet- and completely ignore the general evil of CAPITALISM ? It seems that in this 21st century the United States, China, and the New Russia are ONE in wanting the world to forget the SOCIALIST ideal. As if History has ended and global capitalism is forever-with only fools objecting ?
    But check out the attention being paid to the rather meek ” socialist ” Senator Bernie Sanders of Vermont-now a Democratic candidate for president of the United States. The DREAM has not died !
    [ http://radicalrons.blogspot.com ]