295. Memorandum From the Deputy Director of the Office of International Economic and Social Affairs, Bureau of International Organization Affairs (Rossow) to the Deputy Assistant Secretary of State for International Organization Affairs (Gardner)1
SUBJECT
- Human Rights Conventions (in addition to Marriage Convention) which might be considered for ratification (texts attached)2
1. Supplementary Convention on Slavery. 39 parties to date, including Soviets.
The Department of Justice is preparing a commentary on this Convention which we hope to have within the week. Article 2 calls for specification of a minimum age for marriage, but in this context such provision might be covered by the 13th Amendment.
The United States is already a party to the Slavery Convention of 1926 and to a protocol making the UN its depository. A copy of the 1926 Convention is attached to the text of the Supplementary Convention, along with pertinent provisions in US Constitution and law.
2. Genocide. 72 parties to date, including Soviets.
This is already before the Senate; it was forwarded by President Truman in 1949. The matter of ratification was reconsidered thoroughly in the Department last Spring, and the White House concurred in the decision not to press for action in the 87th Congress.
Attached to the text are (a) the letter of transmission, (b) the legislative history of consideration in the Senate Foreign Relations Committee in 1950, and (c) Mr. Dutton’s memo to Mr. Chayes, June 19, 1962, on the current situation.
3. Political Rights of Women (a) Inter-American and (b) UN Convention.
- (a)
- The Inter-American Convention on the Granting of Political Rights to Women is also before the Senate, on the basis of President Truman’s transmission in January 1949. No hearings have been held. This Convention falls wholly within our Federal Constitution; it covers [Page 652] the right to vote and “to be elected to national office”, but does not apply to state office or to appointive office. As of last count, 13 LA’s had ratified, several more are in process. Women now vote throughout the Americas.
- (b)
- The UN Convention on Political Rights for Women, adopted in 1952, with the U.S. voting for. This includes appointive and all elective office, as well as suffrage. Article 3 refers to “public functions”. Some of the parties have made reservations to Article 3 excepting military serv-ice from the requirement for equality for women. If the U.S. became a party, we would probably have to reserve on military and also on jury service.
36 parties to date, including Soviets.
4. ILO Convention on Freedom of Association.
The Department of Labor is now reviewing this Convention. It is already before the Senate, transmitted by President Truman in 1949. The Federal-State provision of the ILO Constitution would not apply to this Convention.
5. UN Convention on Nationality of Married Women. 27 parties to date, including Soviets.
This Convention falls within US law and practice; it is actually narrower than the Inter-American Convention on Nationality of Women to which the US became a party in 1934. Both texts are attached.