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The Obama administration issued an outrageous and unnecessary human rights report to the UN Human Rights Council today.  Here is a summary from the “progressive” Democracy Now web site:

“…the Obama administration admitted more needs to be done in many areas including racial justice, women’s rights, LGBT rights and discrimination against Muslims and Americans of South Asian and Arab descent.

Just to show how bad this unprecedented report, it was immediately praised by the ACLU!

“The UPR process provides an opportunity for the United States to identify human rights violations, develop real solutions and bring our policies in line with international human rights standards,” said Laura W. Murphy, Director of the ACLU Washington Legislative Office. “There is no better time to reflect honestly and exhaustively on our country’s human rights record and to find a path forward toward correcting our faults. The administration should continue to work with all relevant federal agencies and Congress until we can safely say the U.S. is beyond reproach when it comes to human rights.”

I suppose I should not be surprised when I see the ACLU taking credit for helping write the report (emphasis added by me):

As part of the UPR process, U.S. officials from various federal departments and agencies including the Departments of State, Justice, Homeland Security, Education and Health and Human Services, the Equal Employment Opportunity Commission, the Environmental Protection Agency and the White House met earlier this year with human rights advocates, including representatives of several ACLU offices across the country, to identify and address the nation’s most pressing, ongoing human rights issues.

Gary Bauer in his End of Day Report says this:

For the first time, the United States of America has submitted a “mea culpa” report to the United Nations Human Rights Council detailing the failings of our human rights record. According to the report, “High unemployment rates, hate crime, poverty, poor housing, lack of access to health care and discriminatory hiring practices are among challenges … affecting blacks, Latinos, Muslims, South Asians, American Indians and gays and lesbians in the United States.” Is that really how the Obama Administration views America?

But there is a disturbing omission in the report. According to the FBI’s latest statistics, there were more than 1,600 religiously motivated hate crimes in 2008. Nearly two-thirds of them were anti-Jewish, while just 8% were classified as “anti-Islamic.” Yet the Obama Administration tells the U.N. Human Rights Commission that Muslims are an oppressed minority while ignoring the overwhelming number of anti-Semitic hate crimes.

According to the Associated Press, the report welcomes “observations and recommendations” from members of the U.N. Human Rights Council “that can help us on that road to a more perfect union.” There are 47 nations represented on the U.N. Human Rights Council, including some of the worst violators of human rights. The Obama Administration would have us taking recommendations from the likes of Burkina Faso, Cuba, China, Libya and Saudi Arabia on how to become “a more perfect union.”

This is just one more example of the consequences of elections. The Bush Administration steadfastly refused to submit America to this exercise in self-flagellation in part because of the blatant anti-Israel bias of U.N.’s Human Rights Council. Obama was eager to sign up as part of a “new era of engagement.” Now we know why – it gave him another opportunity to apologize for America.

Here is the text of the report.  It is mostly unexceptional celebration of various laws, some universally favorable such as Title VII and others more controversial such as ending DADT.  However, some provisions are in effect an apology:

The United States recognizes that racial or ethnic profiling is not effective law enforcement and is not consistent with our commitment to fairness in our justice system. For many years, concerns about racial profiling arose mainly in the context of motor vehicle or street stops related to enforcement of drug or immigration laws. Since the September 11, 2001 terrorist attacks, the debate has also included an examination of law enforcement conduct in the context of the country’s effort to combat terrorism. Citizens and civil society have advocated forcefully that efforts by law enforcement to prevent future terrorist attacks must be consistent with the government’s goal to end racial and ethnic profiling.

Why not say:  Racial profiling is illegal under the US Constitution and is not a human rights issue for the UN to be concerned with.

These several clauses are particularly offensive in a report to foreigners:

On March 23, 2010, President Obama signed the Affordable Care Act into law. The Act makes great strides toward the goal that all Americans have access to quality, affordable health care. The law is projected to expand health insurance coverage to 32 million Americans who would otherwise lack health insurance, significantly reduces disparities in accessing high-quality care, and includes substantial new investments in prevention and wellness activities to improve public health. The law also includes important consumer protections, such as prohibiting insurance companies from denying coverage to people based on pre-existing conditions or medical history, which disproportionately impacts older and sicker populations.
71. The law increases access to care for underserved populations by expanding community health centers that deliver preventive and primary care services. The law will also help our nation reduce disparities and discrimination in access to care that have contributed to poor health. For example, African Americans are 29 percent more likely to die from heart disease than non-Hispanic whites. Asian American men suffer from stomach cancer 114 percent more often than non-Hispanic white men. Hispanic women are 2.2 times more likely to be diagnosed with cervical cancer than non-Hispanic white women. American Indians and Alaska Natives are 2.2 times as likely to have diabetes as non-Hispanic whites. Additionally, these racial and ethnic groups accounted for almost 70 percent of the newly diagnosed cases of HIV and AIDS in 2003.
72. The Act will reduce disparities like these through access to preventive services; investment in chronic disease control and prevention; enhanced data collection to support 19 population-specific epidemiological research; and recruitment of health professionals from diverse backgrounds.
73. Implementation of the Affordable Care Act will help more Americans get the care they need to live healthy lives and ensure more Americans are free to learn, work, and contribute to their communities.

Of course the Affordable Care Act is the health care bill passed over the will of the majority of the American people.  However, heealth care is NOT a human right and none of the business of the Human Rights Council.

There is an apology for the Arizona immigration law:

A recent Arizona law, S.B. 1070, has generated significant attention and debate at home and around the world. The issue is being addressed in a court action that argues that the federal government has the authority to set and enforce immigration law. That action is ongoing; parts of the law are currently enjoined.

The worst part of this is this report is unnecessary.  From the State Department’s web site:

The Universal Periodic Review (UPR) was established by the UN General Assembly in 2006 as a process through which the human rights records of the United Nations’ 192 Member States could be reviewed and assessed.

The USA is NOT bound by any resolution of the General Assembly.  We ought not report to foreigners about human rights nor apologize for what we do.  May the next administration send an more appropriate report to the UN Human Rights Council:

“The Paul administration submits such reports are not authorized by the Constitution and one will not be forthcoming.”

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)


  1. FishEagle says:

    ‘According to the FBI’s latest statistics, there were more than 1,600 religiously motivated hate crimes in 2008. Nearly two-thirds of them were anti-Jewish, while just 8% were classified as “anti-Islamic.” ‘

    Isn’t that statement a bit misleading? It would be more truthful to give the propotions of the population for both Jews and Muslims with the stats.

    • Tom White says:

      “It would be more truthful to give the propotions of the population for both Jews and Muslims with the stats.”

      It depends on if you want to tell the truth, or spin the stats. The statement was about the ratio of crimes against various religions. Not the ratio of crimes per person based on the size of the religious class.

      Basically, what you are saying is that it is OK that 66% of the crimes were against Jews because that is a small percentage in actual numbers. Which is just the slant the liberal media would use to claim Muslims have it worse.

      However, it appears that you are making assumptions on the numbers of Muslims and Jews in the US. And you are wrong.

      According to the latest information I could find, there were 5.7 million Jews in the US (in 1990). And according to Islam 101 there were 5 million Muslims in the US in 1992.

      And most sources claim Islam is the fastest growing religion in the US.

  2. john says:

    There aren’t anywhere near as many Muslims in the US as Jews. There are about 5.7 million Jews and about 2.5 million Muslim in the US. I think the Pew Report is slightly more authoritative than a couple of websites.

    The American Muslim population figure can be found on page 24 at the bottom.

    • Tom White says:

      Part of the problem is that there are estimates ranging in the 6 million + range, and the low end as well. Pew is no more reliable because they did not actually do a count. And after 9/11, there are many Muslims who simply refuse to answer because of the crimes of their fellow Muslims. Which is the reason I went back before 9/11.

      Muslims appear to exaggerate their numbers when it suits them, and low-ball when they want to be a small, picked on minority.

      However, even using the numbers you submitted, the rates of violence are staggering.

      Here is what your numbers tell us.

      Out of 1600 incidents, 1057 (66%) crimes were committed against the 5.7 million Jews and 128 (8%) against the 2.5 million Muslims.

      .019% of Jews suffer hate crimes while only .005% of Muslims do, which works out to 3.8 times more hate crimes per capita against Jews than Muslims.

      About 1 in 5,000 Jews suffers a hate crime, while 1 in 20,000 Muslims do.
      Which proves the point.

  3. Lompico says:

    What the matter? Can’t stand the truth? Seems americans can’t HANDLE A LITTLE WHUPPPING!
    Everything that was mentioned is the truth. So what is your solution to health care for the poor and sick? You gonna hire someone who hasn’t gone to Harvard Mr. Wall Street? Are you going to throw YOUR grandma out of her house because she is sick ? I think YOU, Mr. Bauer, are a cold hearted f. Cant you see that other countries are frustrated WITH USA bullying them? OUR CONSTITUTION says to STAY OUT OF OTHER COUNTRIES BUSINESS unless attacked. Well, as far as I am concerned, US ATTACKED THE WORLD TRADE CENTER. That has caused the USA to stick their fingers in all these countries.

    I can’t believe that the citizens of USA sometimes.

  4. Lompico says:

    Sorry, I meant to address Mr. Sanders.


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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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