Background
One of the ABA’s primary goals is to advance the rule of law in
the world. In support of that goal, the ABA supports the ratification
and implementation of numerous treaties that would provide for universal
legal standards and structures, including the Hague Convention on
Intercountry Adoption, the Convention on the Elimination of Discrimination
Against Women, the Inter-American Convention Against Corruption,
and the establishment of an International Criminal Court. In addition,
the ABA strongly supports adequate funding for international organizations
that promote democratization and the development of the rule of
law - in particular, the ABA supports the prompt payment of the
United States’ obligations to the United Nations for its general
assessments and peacekeeping expenses.
During the 105th Congress, several foreign policy initiatives backed
by the White House failed to gain Congressional support. No action
was taken on the Convention on the Elimination of all Forms of Discrimination
Against Women (CEDAW). The Hague Convention on Intercountry Adoption
and its implementing legislation, the Intercountry Adoption Act,
similarly received no Congressional action before the 105th Congress
adjourned sine die. A complete statute for the International Criminal
Court (ICC) was passed by a vote of 120(yeas) - 17(noes) - 21 (abstains)
at the ICC Prepcom in Rome, Italy on July 5-17, 1998, but it did
not have U.S. support. The President fulfilled a promise to veto
legislation, H.R. 1757, to provide repayment of United Nations arrears
because of the anti-family planning “Mexico City” amendment. The
FY 99 omnibus appropriations bill, P.L. 105-277 (H.R. 4328), released
sufficient funds to avoid a U.S. loss of voting privileges in the
U.N. General Assembly. However, the measure did not include any
funds for payment of past U.N. arrears.
Current Status
The 106th Congress made some progress on international treaty issues. In 1999, implementing legislation for the Hague Convention on Intercountry Adoption was introduced in the House and the Senate, H.R. 2909 and S. 682 respectively. On September 22, 1999, Rep. Ben Gilman (R-NY), Chair of the House International Relations Committee, introduced H.R. 2909, the Intercountry Adoption Act of 1999. The House International Relations Committee held a hearing on H.R. 2909 on October 20, 1999, and reported out a substitute version of the bill by a vote of 28-0 on March 22, 2000. S. 682 was introduced in the Senate on March 23, 1999. Sen. Jesse Helms (R-NC), Chair of the Senate Foreign Relations Committee, and Sen. Mary Landrieu (D-LA) sponsored this bill. The Senate Foreign Relations Committee held a hearing on S. 682 on October 5, 1999, and approved the treaty and its implementing legislation by voice vote on April 13, 2000. The House passed H.R. 2909 on July 18, 2000 and the Senate passed S. 682 on July 27, 2000. After reconciling differences in the two bills, the final version of the implementing legislation, H.R. 2909, was passed by the House on September 18, 2000. The Senate gave its advice and consent to ratification of the Hague Convention and passed the implementing legislation by voice vote on September 20, 2000. President Clinton signed the legislation on October 6, 2000.
In addition, the Senate Foreign Relations Committee held a hearing on the Inter-American Convention Against Corruption on May 2, 2000, and approved the treaty on June 7, 2000. The full Senate passed the resolution of ratification on July 27, 2000. No implementing legislation is needed since U.S. law already complies with the treaty provisions.
Some important treaties, however, did not receive any action by the Congress. In spite of the fact that the U.S. made ratification of the Convention on the Elimination of Discrimination Against Women by the year 2000 one of its public commitments at the U.N. Conference on Women in 1995, the Senate Foreign Relations Committee did not take any action on the treaty.
The Congress also did not take any action on the Rome Statute for an International Criminal Court; however, the president took last minute action and signed the statute on December 31, 2000. The Rome Statute, which establishes an international court to investigate and try individuals accused of genocide, war crimes and crimes against humanity, was adopted at a U.N. Diplomatic Conference in July 1998 without U.S. support. The treaty will enter into force upon ratification by 60 countries; to date, 27 countries have ratified it. Although the president signed the treaty, he did not submit it to the Senate for ratification due to continuing concern with the proposed jurisdiction of the court.
The debate on funding of payments for U.S. arrears to the United Nations raged throughout the FY 2000 appropriations process. The conference report for the FY 2000 Commerce, Justice, State (CJS) appropriations bill, H.R. 2670, included funding for FY 2000 U.N. current year assessments, but made it subject to the enactment of a State Department Authorization bill which Congress has been unable to move for several years. House and Senate leaders eventually reached an agreement on and passed H.R. 3427, a new version of the State Department Authorization bill. The measure authorizes $926 million over three years for repayment of U.N. arrears - the payment of $819 million of debt the U.S. owes the U.N. and the forgiveness of $107 million the U.N. owes the U.S. The payment plan authorizes the release of the arrears in three stages upon certification by the Administration to Congress that certain reforms have been enacted by the U.N. and requires the U.N. to accept the $926 million package as full repayment for the $1.56 billion it has assessed in U.S. arrears. Both the State Department Authorization bill and the CJS appropriations bill were incorporated into an omnibus spending bill signed into law (P.L. 106-113) by the President on November 29, 1999.
The Administration requested $299 million for payment of general dues and $738 million for peacekeeping activities in its FY 2001 budget. The House of Representatives passed its FY 2001 CJS appropriations bill, H.R. 4690, on June 26, 2000, providing $233 million for general dues and $498 million for peacekeeping activities. The Senate Appropriations Committee marked up its CJS appropriations bill on July 18, 2000, providing $299 million for general dues and $500 million for peacekeeping assessments. The full Senate never acted on the legislation. The final FY 2001 CJS appropriations bill, signed into law as P.L. 106-553, provides $100 million of the full payment of current year U.N. general assessments and $846 million for payment of assessments for international peacekeeping. The American Bar Association believes that payment of assessed contributions to the U.N. is a legal obligation owed by all member states under Article 17 of the U.N. Charter, and that the U.S. should fulfill that obligation by prompt payment in full of all assessed dues and peacekeeping expenses.
ABA Policy
The ABA supports the ratification of the Hague Convention on Intercountry
Adoption, the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), and other treaties, and the establishment
of an International Criminal Court. The ABA also supports Congressional
appropriation of funds for the payment of arrears owed by the U.S.
to the United Nations and for programs that assist in the establishment
of rule of law abroad.
Key Points
- Hague Convention on Intercountry Adoption
Without the Hague Convention standards, there are no internationally
recognized norms or procedures to protect the individuals involved
in intercountry adoptions - the child, the biological parents
and the adoptive parents - or to ensure that States of origin
and receiving States have coordinated with each other to complete
the steps for a final adoption that respects the legal procedures
of each State.
Unless the treaty is ratified and implementing legislation
enacted, U.S. citizens may eventually be unable to adopt abroad
as an increasing number of countries ratify the Hague Convention
and require other States to be a party to the treaty for intercountry
adoption to take place.
- Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW)
The United States is the lone industrialized democracy and
one of only a handful of countries yet to ratify CEDAW. This
failure compromises the U.S.’s credibility as a leader for human
rights.
Women around the world are using CEDAW as a tool in their struggle
against the effects of discrimination, domestic violence, lack
of legal status and access to education, health care and credit.
Without U.S. ratification and leadership, other governments
can more easily ignore CEDAW’s mandate and their obligations
under it.
- International Criminal Court
A permanent treaty-based court is needed to end impunity for
international criminals; to serve as an alternative for prosecution
when national courts are unavailable or ineffective; to promote
peace and justice through individual accountability; to redress
the numerous inadequacies of reliance on ad hoc tribunals; and
to deter future atrocities.
- Payment of U.N. Assessments
Payment of assessed contributions to the United Nations is
a legal obligation owed by all member states under Article 17
of the U.N. Charter. It is inconsistent with that legal obligation
to condition payment of U.S. assessments on either reform or
reorganization at the United Nations, or to link payment to
restrictions on funding for specific programs.
Failure to pay our financial obligations damages U.S. political
credibility and marginalizes U.S. influence on the very reforms
it seeks to implement at the U.N. If we fail to pay our assessed
contributions, we do grave damage to our ability to insist that
other countries abide by their international agreements, undermine
our leadership role in strengthening human rights and erode
the nation’s commitment to expanding the rule of law in the
world.
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Last Updated: December 31, 2000
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