Statement by
Steven A. Solomon
Member of the U.S. Observer Delegation
to the 58th Session of the
United Nations Commission on Human Rights

Item 11: Civil and Political Rights
Geneva, April 11, 2002

As Delivered

Mr. Chairman,

The cause of freedom, fundamental to the rights enshrined in the Universal Declaration and the Covenant on Civil and Political Rights, is rooted, in particular, in two fundamental freedoms -- the first is freedom of speech and expression; the second is freedom of worship.

Our belief in the centrality of these fundamental freedoms leads us to the view that the protection of political and civil rights should be the central work of this Commission.

Mr. Chairman, my government is committed to addressing the issues under item 11 and tothe principles which support and preserve the fundamental freedoms at stake: judicial independence, due process and equal protection, among them.

Mr. Chairman, on terrorism, at a time when the international community has been united in its condemnation of international terrorism, the resolution as drafted on the occupied Arab territories that will be acted upon later today would cast the Commission in the position of supporting terrorism and the use of violence against innocent civilians rather than promoting protection of human rights. Neither the Commission, nor any UN organization, nor any state can be seen to endorse terrorism, for any reason.

Let me also comment on the issue of capital punishment to which issues of administration of justice are indeed relevant. The issue of the death penalty is a matter of debate and discussion in the United States.

It is important to stress that capital punishment is not prohibited by customary international law or by any treaty to which the United States is currently a party. When carried out pursuant to due process, capital punishment for the most serious crimes is permitted under international law and is consistent with obligations assumed by the United States under applicable human rights treaties.

With regard to juveniles, our federal law does not permit the execution of offenders who were juveniles at the time of the offense. Some states have abolished the death penalty entirely, whereas other states have followed the federal mode of not extending capital punishment to juveniles. Let me stress in this regard that we do not recognize any customary international law prohibition on the use of capital punishment with respect to crimes committed by those under 18.

It is our view that it should be for each nation to decide for itself through democratic processes whether its domestic law should permit capital punishment in accordance with international law.

Mr. Chairman, my government is committed to respecting the principles set out in the Universal Declaration of Human Rights, as well as the obligations it has assumed under the International Covenant on Civil and Political Rights.

These notions -- that the individual rights and freedoms which must be recognized by all governments; that the protection of these freedoms is one of the fundamental purposes of government; that the just powers of government depend on the consent of the governed -- are the essence of democracy.

Thank you Mr. Chairman.