Executive Order 13107

Federal Register / Vol. 63, No.
240 / Tuesday, December 15, 1998 / Presidential Documents 68991
Presidential Documents
Executive Order 13107 of December 10, 1998
Implementation of Human Rights Treaties
By the authority vested in me as President by the Constitution and the

laws of the United States of America, and bearing in mind the obligations
of the United States pursuant to the International Covenant on Civil and
Political Rights (ICCPR), the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT), the Convention
on the Elimination of All Forms of Racial Discrimination (CERD), and other
relevant treaties concerned with the protection and promotion of human
rights to which the United States is now or may become a party in the
future, it is hereby ordered as follows:
Section 1. Implementation of Human Rights Obligations. (a) It shall be
the policy and practice of the Government of the United States, being commit-
ted to the protection and promotion of human rights and fundamental free-
doms, fully to respect and implement its obligations under the international
human rights treaties to which it is a party, including the ICCPR, the
CAT, and the CERD.
(b) It shall also be the policy and practice of the Government of the
United States to promote respect for international human rights, both in
our relationships with all other countries and by working with and strength-
ening the various international mechanisms for the promotion of human
rights, including, inter alia, those of the United Nations, the International
Labor Organization, and the Organization of American States.
Sec. 2. Responsibility of Executive Departments and Agencies. (a) All execu-
tive departments and agencies (as defined in 5 U.S.C. 101–105, including
boards and commissions, and hereinafter referred to collectively as ‘‘agency’’
or ‘‘agencies’’) shall maintain a current awareness of United States inter-
national human rights obligations that are relevant to their functions and
shall perform such functions so as to respect and implement those obligations
fully. The head of each agency shall designate a single contact officer who
will be responsible for overall coordination of the implementation of this
order. Under this order, all such agencies shall retain their established
institutional roles in the implementation, interpretation, and enforcement
of Federal law and policy.
(b) The heads of agencies shall have lead responsibility, in coordination
with other appropriate agencies, for questions concerning implementation
of human rights obligations that fall within their respective operating and
program responsibilities and authorities or, to the extent that matters do
not fall within the operating and program responsibilities and authorities
of any agency, that most closely relate to their general areas of concern.
Sec. 3. Human Rights Inquiries and Complaints. Each agency shall take
lead responsibility, in coordination with other appropriate agencies, for re-
sponding to inquiries, requests for information, and complaints about viola-
tions of human rights obligations that fall within its areas of responsibility
or, if the matter does not fall within its areas of responsibility, referring
it to the appropriate agency for response.
Sec. 4. Interagency Working Group on Human Rights Treaties. (a) There
is hereby established an Interagency Working Group on Human Rights Trea-
ties for the purpose of providing guidance, oversight, and coordination with
respect to questions concerning the adherence to and implementation of
human rights obligations and related matters.
68992 Federal Register / Vol. 63, No. 240 / Tuesday, December 15, 1998 / Presidential Documents
(b) The designee of the Assistant to the President for National Security
Affairs shall chair the Interagency Working Group, which shall consist of
appropriate policy and legal representatives at the Assistant Secretary level
from the Department of State, the Department of Justice, the Department
of Labor, the Department of Defense, the Joint Chiefs of Staff, and other
agencies as the chair deems appropriate. The principal members may des-
ignate alternates to attend meetings in their stead.
(c) The principal functions of the Interagency Working Group shall include:
(i) coordinating the interagency review of any significant issues concerning
the implementation of this order and analysis and recommendations in
connection with pursuing the ratification of human rights treaties, as such
questions may from time to time arise;
(ii) coordinating the preparation of reports that are to be submitted by
the United States in fulfillment of treaty obligations;
(iii) coordinating the responses of the United States Government to com-
plaints against it concerning alleged human rights violations submitted to
the United Nations, the Organization of American States, and other inter-
national organizations;
(iv) developing effective mechanisms to ensure that legislation proposed
by the Administration is reviewed for conformity with international human
rights obligations and that these obligations are taken into account in review-
ing legislation under consideration by the Congress as well;
(v) developing recommended proposals and mechanisms for improving
the monitoring of the actions by the various States, Commonwealths, and
territories of the United States and, where appropriate, of Native Americans
and Federally recognized Indian tribes, including the review of State, Com-
monwealth, and territorial laws for their conformity with relevant treaties,
the provision of relevant information for reports and other monitoring pur-
poses, and the promotion of effective remedial mechanisms;
(vi) developing plans for public outreach and education concerning the
provisions of the ICCPR, CAT, CERD, and other relevant treaties, and human
rights-related provisions of domestic law;
(vii) coordinating and directing an annual review of United States reserva-
tions, declarations, and understandings to human rights treaties, and matters
as to which there have been nontrivial complaints or allegations of inconsist-
ency with or breach of international human rights obligations, in order
to determine whether there should be consideration of any modification
of relevant reservations, declarations, and understandings to human rights
treaties, or United States practices or laws. The results and recommendations
of this review shall be reviewed by the head of each participating agency;
(viii) making such other recommendations as it shall deem appropriate
to the President, through the Assistant to the President for National Security
Affairs, concerning United States adherence to or implementation of human
rights treaties and related matters; and
(ix) coordinating such other significant tasks in connection with human
rights treaties or international human rights institutions, including the Inter-
American Commission on Human Rights and the Special Rapporteurs and
complaints procedures established by the United Nations Human Rights
Commission.
(d) The work of the Interagency Working Group shall not supplant the
work of other interagency entities, including the President’s Committee on
the International Labor Organization, that address international human rights
issues.
Sec. 5. Cooperation Among Executive Departments and Agencies. All agencies
shall cooperate in carrying out the provisions of this order. The Interagency
Working Group shall facilitate such cooperative measures.
Federal Register / Vol. 63, No. 240 / Tuesday, December 15, 1998 / Presidential Documents 68993
Sec. 6. Judicial Review, Scope, and Administration. (a) Nothing in this

order shall create any right or benefit, substantive or procedural, enforceable
by any party against the United States, its agencies or instrumentalities,
its officers or employees, or any other person.
(b) This order does not supersede Federal statutes and does not impose
any justiciable obligations on the executive branch.
(c) The term ‘‘treaty obligations’’ shall mean treaty obligations as approved
by the Senate pursuant to Article II, section 2, clause 2 of the United
States Constitution.
(d) To the maximum extent practicable and subject to the availability
of appropriations, agencies shall carry out the provisions of this order.
œ–
THE WHITE HOUSE,
December 10, 1998.
[FR Doc. 98–33348
Filed 12–14–98; 8:45 am]
Billing code 3195–01–P

Executive Order 13107

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Federal Register / Vol. 63, No.

240 / Tuesday, December 15, 1998 / Presidential Documents 68991

Executive Order 13107 of December 10, 1998

Implementation of Human Rights Treaties

By the authority vested in me as President by the Constitution and the

Sec. 6. Judicial Review, Scope, and Administration. (a) Nothing in this

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