Today the Identity Project submitted recommendation to the UN Human Rights Committee (UNHRC) for two issues to be included in the upcoming periodic review of US implementation of the International Covenant on Civil and Political Rights (ICCPR), including the provisions of the ICCPR recognizing the right to freedom of movement:
- Lack of Remedies for Violations of the ICCPR by the USA (joint submission by the Identity Project and the US Human Rights Network)
- Interference by the USA with Freedom of Movement (including violations of rights recognized in the ICCPR to freedom of movement, assembly, association, and privacy)
The Identity Project participated actively In the most recent previous periodic review of US compliance with the ICCPR, the fourth since the US ratified the ICCPR.
We reported to the UNHRC in 2013 on violations by the US government of rights recognized in the ICCPR, including the right to travel. A year later, as part of a delegation of nongovernmental organizations coordinated by the US Human Rights Network, we met with members of the UNHRC and with US officials before and during the two days of public questioning of the US by the UNHRC in Geneva in 2014.
At the conclusion of its review, the UNHRC called out the failure of the US to “effectuate” the ICCPR, leaving most victims of human rights violations by the US government with no means of legal redress. “There was no suggestion that any of those responsible for any of the past criminal violations of our Covenant [i.e. the ICCPR] would be brought to justice or that its victims would have access to their day in court,” the chair of the UNHRC noted at a press conference announcing the committee’s concluding observations.
The UNHRC recommended that, “The State party [i.e. the US] should … Taking into account its declaration that provisions of the Covenant are non-self-executing, ensure that effective remedies are available for violations of the Covenant, including those that do not, at the same time, constitute violations of U.S. domestic law, and undertake a review of such areas with a view to proposing to the Congress implementing legislation to fill any legislative gaps.”
In one of our submissions to the UNHRC today, we remind the committee of this recommendation, and point out that no action has been taken on it by the US in the five years since.
Together with the US Human Rights Network, we recommend that, “The U.S. should enact legislation implementing and effectuating the ICCPR by giving U.S. federal and state courts jurisdiction to hear cases arising under the ICCPR, and creating a federal cause of action for violations of the ICCPR.”
In our other submission today, we call attention to the ongoing and increasing surveillance and control of travelers being carried out by the US government.
We recommend that, “The U.S. should restrict travel by common carrier, including domestic or international air travel, only on the basis of judicial orders issued through adversary proceedings in which the right to freedom of movement is recognized, ” and that, “Personal information pertaining to the exercise of the right to freedom of movement, such as details of airline reservations, should be collected or retained only on the basis of individualized orders based on probable cause to suspect violations of law.”
This March, the UNHRC will adopt a list of issues that it will focus on its next review of the US. Following a report from the US government on those issues, the UNHRC will conduct its fifth review of US implementation of the ICCPR in Geneva in 2020 or 2021.