How Biden can formalize his promises to safeguard human rights

This December marks 75 years since the adoption of the United Nations’ Universal Declaration of Human Rights, a monumental document that has mainstreamed human rights and put them at the center of global freedom, peace and justice.

For President Biden, who declared at the beginning of his presidency that human rights are “among the most powerful and persuasive tools in our foreign policy kit,” this anniversary is an inflection point for his administration to reflect on how it has attempted to overcome his predecessor’s shameful record on human rights and lead “by the power of our example.” 

This includes reversing Trump-era policies by re-joining the U.N. Human Rights Council, rebuking Secretary Mike Pompeo’s controversial Commission on Unalienable Rights and enabling greater scrutiny of U.S. policy by independent U.N. human rights experts.

Despite this progress, last month, a U.N. committee released a blistering report assessing U.S. compliance with the International Covenant on Civil and Political Rights, a major treaty ratified by the United States in 1992. 

While it praised the Biden administration’s actions on LGBTQ rights and promoting racial equity, it also called out longstanding U.S. policies restricting access to asylum and the right to vote as well as a failure to address rising hate crimes and ongoing structural discrimination and abuse against Indigenous, Black and brown communities, to name just a few examples.

On one level, the report highlights ongoing domestic human rights challenges facing the Biden administration. On a deeper level, it reveals how the U.S. continues to lag behind most of the world in translating its international human rights obligations into domestic policies. Taking these recommendations seriously will require U.S. officials to go beyond paying empty lip service to U.N. human rights officials in Geneva, toward meaningfully demonstrating concrete action in Washington.

For many civil and human rights advocates, the report’s findings are a clear example of why the U.S. needs to consider establishing its own National Human Rights Institution. 

Over 120 nations have already established a National Human Rights Institution, including Western democracies like the United Kingdom, Australia and France. They are created by law and funded by governments. However, they are given broad mandates to independently monitor and assess government compliance with international human rights law. This is often done through supporting fact-finding investigations, public-facing reports and education and awareness. To become an “accredited” institution, they must also be representative of a diverse range of stakeholders.

Last year, a coalition of over 85 civil and human rights organizations formally called on the Biden administration to establish a presidential commission to thoroughly explore the creation of a National Human Rights Institution in the United States. The demands which have been echoed by several U.N. human rights bodies have already gained traction among prominent members of Congress. Failing to establish such an institution continues to be a missed opportunity to cement progress made on issues like racial equity.

On day one of his presidency in January 2021 and in February, President Biden announced sweeping executive orders to advance racial equity across the federal government. While these actions were a welcome step, many advocates were quick to note the absence of any mention of U.S. obligations under international human rights treaties like the International Convention on the Elimination of All Forms of Racial Discrimination. Both executive orders also failed to map out a clear path toward ensuring the federal government was monitoring implementation and measuring progress on these actions.

A U.S.-focused National Human Rights Institution would play an essential role in addressing these concerns over implementation. At the same time, it could provide the necessary training and advice to state and local official human rights commissions which already exist in several U.S. cities. For example, New York City’s commission has largely been responsible for enforcing the city’s anti-discrimination laws which seek to provide gender and LGBTQ protections in housing and the workplace.

If President Biden is truly committed to putting “human rights at the center of American foreign policy” and leading through the power of example, then he must make the most of his remaining first term. This includes establishing a presidential commission on a National Human Rights Institution. Until then, the Biden administration can and should create an executive branch task force in charge of implementing U.S. human rights obligations and commitments through transparent and meaningful engagement with civil society and state and local governments. 

Such small but important steps would help ensure the Universal Declaration of Human Rights isn’t only an inspirational document but that it brings us one step closer to safeguarding human rights for all in the United States. 

Jamil Dakwar (@jdakwar) is the director of the American Civil Liberties Union’s Human Rights Program. He has previously worked for Human Rights Watch and Adalah: The Legal Center for Arab Minority Rights in Israel. Dakwar is an adjunct professor at Hunter College and New York University and is a member of state of New York’s advisory committee to the U.S. Commission on Civil Rights. 

Noah Ponton (@NoahPonton) serves as a program manager at Humanity United. He is an advisory board member for Human Rights First, has been recognized as a 2022 Out Leader by Out in National Security, and is a member of Foreign Policy for America’s NextGen Initiative.