executive order 13107-1998-12-14-pg2459

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2459Administration of Will iam J. Clinton, 1998 / Dec. 10

Executive Order 13107Implementation of HumanRights TreatiesDecember 10, 1998

By the authority vested in me as Presidentby the Constitution and the laws of theUnited States of America, and bearing inmind the obligations of the United Statespursuant to the International Covenant onCivil and Political Rights (ICCPR), the Con-vention Against Torture and Other Cruel, In-human or Degrading Treatment or Punish-ment (CAT), the Convention on the Elimi-nation of All Forms of Racial Discrimination(CERD), and other relevant treaties con-cerned with the protection and promotion ofhuman rights to which the United States isnow or may become a party in the future,it is hereby ordered as follows:Section 1. Implementati on of Human

Rights Obl igati ons. (a) I t shall be the policyand practice of the Government of theUnited States, being committed to the pro-tection and promotion of human rights andfundamental freedoms, fully to respect andimplement its obligations under the inter-national human rights treaties to which it isa party, including the ICCPR, the CAT, andthe CERD.

(b) I t shall also be the policy and practiceof the Government of the United States topromote respect for international humanrights, both in our relationships with all othercountries and by working with and strength-ening the various international mechanismsfor the promotion of human rights, including,inter alia, those of the United Nations, theInternational Labor Organization, and theOrganization of American States.Sec. 2. Responsibi li ty of Execut ive Depart-

ments and Agencies. (a) All executive depart-ments and agencies (as defined in 5 U.S.C.101105, including boards and commissions,and hereinafter referred to collectively asagency or agencies) shall maintain a cur-rent awareness of United States internationalhuman rights obligations that are relevant totheir functions and shall perform such func-tions so as to respect and implement thoseobligations fully. The head of each agencyshall designate a single contact officer whowill be responsible for overall coordination

of the implementation of this order. Underthis order, all such agencies shall retain their

established institutional roles in the imple-mentation, interpretation, and enforcementof Federal law and policy.

(b) The heads of agencies shall have leadresponsibility in coordination with other ap-propriate agencies, for questions concerningimplementation of human rights obligationsthat fall within their respective operating andprogram responsibilities and authorities or,to the extent that matters do not fall withinthe operating and program responsibilitiesand authorities of any agency, that mostclosely relate to their general areas of con-

cern.Sec. 3. Human Rights I nquir ies and Com-plaints. Each agency shall take lead respon-sibility in coordination with other appropriateagencies, for responding to inquiries, re-quests for information, and complaints aboutviolations of human rights obligations that fallwithin its areas of responsibility or, if thematter does not fall within its areas of respon-sibility, referring it to the appropriate agencyfor response.Sec. 4. Interagency Working Group on

Human Rights Tr eaties. (a) There is herebyestablished an Interagency Working Group

on Human Rights Treaties for the purposeof providing guidance, oversight, and coordi-nation with respect to questions concerningthe adherence to and implementation ofhuman rights obligations and related matters.

(b) The designee of the Assistant to thePresident for National Security Affairs shallchair the Interagency Working Group, whichshall consist of appropriate policy and legalrepresentatives at the Assistant Secretarylevel from the Department of State, the De-partment of Justice, the Department ofLabor, the Department of Defense, the JointChiefs of Staff, and other agencies as thechair deems appropriate. The principalmembers may designate alternates to attendmeetings in their stead.

(c) The principal functions of the Inter-agency Working Group shall include:

(i) coordinating the interagency review ofany significant issues concerning the imple-mentation of this order and analysis and rec-ommendations in connection with pursuing


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2460 Dec. 10 / Administration of Will iam J. Clinton, 1998

the ratification of human rights treaties, assuch questions may from time to time arise;

(ii) coordinating the preparation of reportsthat are to be submitted by the United Statesin fulfillment of treaty obligations;

(iii) coordinating the responses of theUnited States Government to complaintsagainst it concerning alleged human rightsviolations submitted to the United Nations,the Organization of American States, andother international organizations;

(iv) developing effective mechanisms toensure that legislation proposed by the Ad-ministration is reviewed for conformity withinternational human rights obligations andthat these obligations are taken into accountin reviewing legislation under considerationby the Congress as well;

(v) developing recommended proposalsand mechanisms for improving the monitor-ing of the actions by the various States, Com-monwealths, and territories of the UnitedStates and, where appropriate, of NativeAmericans and Federally recognized Indiantribes, including the review of State, Com-monwealth, and territorial laws for their con-formity with relevant treaties, the provisionof relevant information for reports and othermonitoring purposes, and the promotion ofeffective remedial mechanisms;

(vi) developing plans for public outreachand education concerning the provisions ofthe ICCPR, CAT, CERD, and other relevanttreaties, and human rights-related provisionsof domestic law;

(vii) coordinating and directing an annualreview of United States reservations, declara-tions, and understandings to human rightstreaties, and matters as to which there havebeen nontrivial complaints or allegations ofinconsistency with or breach of internationalhuman rights obligations, in order to deter-mine whether there should be considerationof any modification of relevant reservations,declarations, and understandings to humanrights treaties, or United States practices orlaws. The results and recommendations ofthis review shall be reviewed by the head ofeach participating agency;

(viii) making such other recommendationsas it shall deem appropriate to the President,through the Assistant to the President forNational Security Affairs, concerning United

States adherence to or implementation ofhuman rights treaties and related matters;

and(ix) coordinating such other significant

tasks in connection with human rights trea-ties or international human rights institu-tions, including the Inter-American Commis-sion on Human Rights and the SpecialRapporteurs and complaints procedures es-tablished by the United Nations HumanRights Commission.

(d) The work of the Interagency WorkingGroup shall not supplant the work of otherinteragency entities, including the Presi-dents Committee on the International Labor

Organization, that address internationalhuman rights issues.Sec. 5. Cooperation Among Executi ve De-

partments and Agencies. All agencies shallcooperate in carrying out the provisions ofthis order. The Interagency Working Groupshall facilitate such cooperative measures.Sec. 6. Judicial Review, Scope, and Ad-

ministration. (a) Nothing in this order shallcreate any right or benefit, substantive orprocedural, enforceable by any party againstthe United States, its agencies or instrumen-talities, its officers or employees, or any otherperson.

(b) This order does not supersede Federalstatutes and does not impose any justiciableobligations on the executive branch.

(c) The term treaty obligations shallmean treaty obligations as approved by theSenate pursuant to Article II, section 2,clause 2 of the United States Constitution.

(d) To the maximum extent practicableand subject to the availability of appropria-tions, agencies shall carry out the provisionsof this order.

William J. Clinton

The White House,

December 10, 1998.

[Filed with the Office of the Federal Register,8:45 a.m., December 14, 1998]

NOTE: This Executive order will be published intheFederal Registeron December 15.


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2461Administration of Will iam J. Clinton, 1998 / Dec. 10

Remarks on the Unveiling of aPortrait of Former Secretary ofAgriculture Michael Espy

December 10, 1998

Oh, happy day. [Laughter] I d like to beginby thanking Deputy Secretary Rominger,who has served so well both Secretary Espyand Secretary Glickman. I thank Dan Glick-man and Rhoda for being a part of our ad-ministrations family.

Dan Glickman pointed out when I dis-cussed this appointment with him that hewould be in the proud tradition of my com-mitment to a Cabinet that looks like America

and to diversity because there were evenfewer Jewish farmers than black farmers.[Laughter]

I want to thank my friends ReverendWintley Phipps, Reverend Walter Fauntroy,Reverend Beecher Hicks, and the HowardGospel Choir here. They are wonderful. Ithank the members of the Cabinet andformer members of the Cabinet who arehere, Secretary Herman, Secretary Richard-son, Secretary OLeary, EPA AdministratorBrowner, Ambassador Barshefsky. John Po-desta and Bob Nash and a whole slew of peo-ple from the White House are here; Senator

Leahy, Senator Carol Moseley-Braun, Con-gressmen Clyburn, Jefferson, Eddie Bernice

Johnson, Stenholm, Congressman Thomp-son. Were glad to see former CongressmenMontgomery and Coelho and many otherformer Members of Congress here. And Rev-erend Jackson, thank you for coming; and tothe Espy family and all the members of MikeEspys extended family here.

Six years ago, on Christmas Eve, I an-nounced that I would nominate, and I quote,my neighbor, my friend, and my supporter,Mike Espy to be Secretary of Agriculture.He was a young Congressman from Mis-sissippi when I served as Governor of Arkan-sas. We shared a passion for many issues, in-cluding rural development.

As a Congressman, Mike worked with mySenator, Dale Bumpers, to set up the LowerMississippi Delta Development Commission,a commission I had the honor to chair. I tbrought jobs and growth to one of Americaspoorest, least developed regions. I came to

know and respect Mike Espy in that endeav-or.

I knew we also shared a vision for America,a new approach to government rooted in ourmost enduring values, changed and shapedto meet the challenges of the 21st century.

The need for change was nowhere more evi-dent than at the Department of Agriculture,which has, as Dan Glickman said, since thetime of President Lincoln, nurtured theseeds of renewal for America.

On Christmas Eve I said, The Depart-ment of Agriculture cant simply be a stolidrepresentative of the interests of the past. I thas to be a real force for family farmers in

our country, for the agricultural issues oftoday and tomorrow. Mike understood that.As the first African-American to become theSecretary of Agriculture, he was the very em-bodiment of change. Not only here but inmany other areas of administration policyone of eight African-Americans who havenow served in the Presidents Cabinet in thelast 6 years. And I am very grateful for that.

And I m grateful to Senator Leahy andSenator Carol Moseley-Braun for confirmingthem all.

In his 2 years at the helm Mike changedthe Department of Agriculture as profoundly

and beneficially as any Secretary in its his-tory. It is fitting today we raise his portrait.He made history, and today we honor himfor it.

I d like to talk a little bit about his recordas Secretary of Agriculture. His first greatchallenge came only a few days after he start-ed on the job, when an outbreak of e-colifrom tainted meat took the lives of three chil-dren in Washington State. Mike went toWashington, promised the victims familiesstrong action, and he delivered.

The new science-based inspection proce-dures developed during his tenure and putinto place under Secretary Glickman havecut incidents of salmonella contamination inpork by a third, in poultry by nearly 50 per-cent, according to the preliminary data wehave. The Department of Agriculture has nohigher responsibility than ensuring the safetyof Americas food supply. Today it is fulfillingthat responsibility, thanks in no small meas-ure to Mike Espys leadership.

executive order 13107-1998-12-14-pg2459

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