U.S. Commission on Unalienable Rights Is Launched

On July 8, 2019, the U.S. State Department launched its Commission on Unalienable Rights.[1]

Secretary of State Pompeo’s Remarks

At the launch Secretary of State Michael Pompeo said “the Trump administration has embarked on a foreign policy that takes seriously the founders’ ideas of individual liberty and constitutional government. Those principles have long played a prominent role in our country’s foreign policy, and rightly so. But as that great admirer of the American experiment Alex de Tocqueville noted, democracies have a tendency to lose sight of the big picture in the hurly-burly of everyday affairs. Every once in a while, we need to step back and reflect seriously on where we are, where we’ve been, and whether we’re headed in the right direction, and that’s why I’m pleased to announce today the formation of a Commission on Unalienable Rights.”

The Commission will focus on “human rights grounded in our nation’s founding principles and the principles of the 1948 Universal Declaration of Human Rights. An American commitment to uphold human rights played a major role in transforming the moral landscape of the international relations after World War II, something all Americans can rightly be proud of. Under the leadership of Eleanor Roosevelt, the 1948 Universal Declaration on Human Rights ended forever the notion that nations could abuse their citizens without attracting notice or repercussions.” (Emphasis added.)

“With the indispensable support of President Ronald Reagan, a human rights revolution toppled the totalitarian regimes of the former Soviet Union. Today the language of human rights has become the common vernacular for discussions of human freedom and dignity all around the world, and these are truly great achievements.”

“But we should never lose sight of the warnings of Vaclav Havel, a hero of the late-20th-century human rights movement, that words like ‘rights’ can be used for good or evil; ‘they can be rays of light in a realm of darkness … [but] they can also be lethal arrows.’ And as Rabbi Jonathan Sacks has observed, the evils of any time and place will be justified in whatever is the dominant discourse of that time and of that place. We must, therefore, be vigilant that human rights discourse not be corrupted or hijacked or used for dubious or malignant purposes.”

“It’s a sad commentary on our times that more than 70 years after the Universal Declaration of Human Rights, gross violations continue throughout the world, sometimes even in the name of human rights. International institutions designed and built to protect human rights have drifted from their original mission. As human rights claims have proliferated, some claims have come into tension with one another, provoking questions and clashes about which rights are entitled to gain respect. Nation-states and international institutions remain confused about their respective responsibilities concerning human rights.” (Emphasis added.)

 With that as background and with all of this in mind, the time is right for an informed review of the role of human rights in American foreign policy.” (Emphasis added,)

The Secretary hopes that the Commission “will revisit the most basic of questions: What does it mean to say or claim that something is, in fact, a human right? How do we know or how do we determine whether that claim that this or that is a human right, is it true, and therefore, ought it to be honored? How can there be human rights, rights we possess not as privileges we are granted or even earn, but simply by virtue of our humanity belong to us? Is it, in fact, true, as our Declaration of Independence asserts, that as human beings, we – all of us, every member of our human family – are endowed by our creator with certain unalienable rights? (Emphasis added.)

To put it another way, “the commission’s charge is to point the way toward that more perfect fidelity to our nation’s founding principles. . . .” (Emphasis added.)

Secretary Pompeo’s Prior Wall Street Journal Article[2]

The day before the Department’s launching of the Commission. Secretary Pompeo published an article about the Commission in the Wall Street Journal, in which he made the following comments beyond what he said at the official launch.

“America’s Founders defined unalienable rights as including ‘life, liberty, and the pursuit of happiness.’ They designed the Constitution to protect individual dignity and freedom. A moral foreign policy should be grounded in this conception of human rights.”

“Yet after the Cold War ended, many human-rights advocates turned their energy to new categories of rights. These rights often sound noble and just. But when politicians and bureaucrats create new rights, they blur the distinction between unalienable rights and ad hoc rights granted by governments. Unalienable rights are by nature universal. Not everything good, or everything granted by a government, can be a universal right. Loose talk of ‘rights’ unmoors us from the principles of liberal democracy.” (Emphasis added.)

He hopes “that its work will generate a serious debate about human rights that extends across party lines and national borders.” It “will address basic questions: What are our fundamental freedoms? Why do we have them? Who or what grants these rights? How do we know if a claim of human rights is true? What happens when rights conflict? Should certain categories of rights be inextricably ‘linked’ to other rights?”

“The human-rights cause once united people from disparate nations and cultures in the effort to secure fundamental freedoms and fight evils like Nazism, communism and apartheid. We have lost that focus today. Rights claims are often aimed more at rewarding interest groups and dividing humanity into subgroups.” (Emphasis added.)

Oppressive regimes like Iran and Cuba have taken advantage of this cacophonous call for ‘rights,’ even pretending to be avatars of freedom. No one believed the Soviet call for collective economic and civil rights was really about freedom. But after the Cold War ended, many human-rights advocates adopted the same approach, appealing to contrived rights for political advantage.” (Emphases added.)

“The commission’s work could also help reorient international institutions specifically tasked to protect human rights, like the United Nations, back to their original missions. Many have embraced and even accelerated the proliferation of rights claims—and all but abandoned serious efforts to protect fundamental freedoms.” (Emphasis added.)

Human-rights advocacy has lost its bearings and become more of an industry than a moral compass. And ‘rights talk’ has become a constant element of our domestic political discourse, without any serious effort to distinguish what rights mean and where they come from.” (Emphasis added.)

Announcement of Commission’s Chair

On July 8, the Secretary announced that the Chair of the Commission will be Mary Ann Glendon, the Learned Hand Professor of Law at Harvard Law School, an expert on human rights, comparative law and political theory and former U.S. Ambassador to the Holy See, among many honors.

Professor Glendon acknowledged this appointment with the following remarks:

 

  • “Secretary, I am deeply grateful for the honor of chairing this new commission, and I wanted to thank you especially for giving a priority to human rights at this moment when basic human rights are being misunderstood by many, manipulated by many, and ignored by the world’s worst human rights violators. At the same time, I understand that the mission that you have set us is a challenging one. You’ve asked us to work at the level of principle, not policy, and you’ve asked us to take our bearings from the distinctive rights tradition of the United States of America, a tradition that is grounded in the institutions without which rights would not be possible: constitutional government and the rule of law. I want to assure you, Mr. Secretary, that we will do our very best to carry out your marching orders and to do so in a way that will assist you in your difficult task of transmuting principle into policy.”

Announcement of Nine Other Commission Members

The Secretary also announced the appointment of the following nine additional members of the Commission. (The Commission’s Charter calls for 15 members so there may be an additional five members to be named later.)[3]

Russell Berman. He is the Walter A. Haas Professor in the Humanities at Stanford University, a Senior Fellow at the Hoover Institution and co-chair of its Working Group on Islamism and the International Order. Recently he has written about the reemergence of anti-Semitism and China’s “programmatic efforts to suppress the ethnic identity of the Uighur people” of Islamic faith.

Peter Berkowitz.  He is the Ted and Dianne Taube Senior Fellow at the Hoover Institution and a member of its Military History/Contemporary Conflict Working Group and a member of the State Department’s Policy Planning Staff. He “studies and writes about, among other things, constitutional government, conservatism and progressivism in the United States, liberal education, national security and law, and Middle East politics.”

Paolo Carozza. He is Professor of Law and Political Science at the University of Notre Dame and Director of its Kellogg Institute for International Studies an interdisciplinary, university-wide body “focusing on the themes of democracy and human development.”  His expertise is in the areas of comparative constitutional law, human rights, law and development and international law. From 2006 through 2010 he was a member of the Inter-American Commission on Human Rights, the principle international body for protecting human rights in the Western Hemisphere, and he also has served the Holy See in various capacities.

Hamza Yusuf Hanson. He is an American Islamic scholar, proponent of classical Islamic sciences and founder of Zaytuna College, a Muslim liberal arts college in Berkeley, California. According to The New Yorker Magazine, he is  “perhaps the most influential Islamic scholar in the Western world.” He was born in the U.S. as Mark Hanson and grew up a practicing Greek Orthodox Christian, but at age 19 he read the Qur-an and converted to Islam.

Jacqueline C.  Rivers. She is Lecturer on Sociology at Harvard University. She holds B.A. and Ph. D degrees with honors from Radcliffe College and Harvard and has served as Doctoral Fellow in the Multidisciplinary Program in Inequality and Social Policy of the Harvard’s J. F. Kennedy School of Government and a Graduate Research Fellow of the National Science Foundation. Rivers, an African-American, also is the Executive Director of the Seymour Institute on Black Church and Policy Studies, which seeks to create and promote a philosophical, political and theological framework for a pro-poor, pro-life, pro-family movement within the ecumenical Black Church both domestically and internationally.

Meir Soloveichik. He is an American Orthodox rabbi with a Ph.D. degree in religion from Princeton University. He has written extensively about Jewish thought and life, the relationship between Judaism and Christianity and the limits of interfaith dialogue. In 2012 he gave the opening invocation at the Republican National Convention.

Katrina Lantos Swett. She is the former chair of the U.S. Commission on International Religious Freedom and now the President of the Lantos Foundation for Human Rights, which is named in honor of her father, a Holocaust survivor and former Democratic Congressman. She is married to Richard Swett, former Ambassador to Denmark and former Congressman, and she converted to his faith, The Church of Jesus Christ of Latter-day Saints. She has been an unsuccessful Democratic candidate for the U.S. House of Representatives and Senate.

Christopher Tollefsen. He is the University of South Carolina’s College of Arts and Sciences Distinguished Philosophy Professor with specialization in moral philosophy, natural law ethics, practical ethics and bioethics. He has written many articles for “Public Discourse,” the journal of the Witherspoon Institute, which seeks to promote public understanding of the moral foundations of free societies.  He also is a co-author of Embryo: A Defense of Human Life and the editor of John Paul II’s Contribution to Catholic Bioethics.

David Tse-Chien Pan. He is Professor of German at University of California, Irvine. His research has focused on the problem of aesthetic experience as a mediator of human history in order to understand how history develops through a process of recollection and interpretation that depends on judgment and takes the reception of works of art as its model.

Reactions

Secretary Pompeo’s Wall Street Journal article for the first time really sets forth what has been speculated as the Commission’s true mission: redefinition and narrowing of international human rights.

A senior State Department official, in a report by CBS News, made the same point, perhaps more diplomatically, when he said the Commission will act like a “study group, examining the concept of universal human rights, where those rights come from and the difference between inherent rights and those prescribed by governments. . . . Unalienable rights are granted to everyone, everywhere, at all times. It doesn’t matter if you’re straight or gay, or a man or a woman, or black, white, brown or purple.’”

However, this official said, topics like abortion and gay marriage will not be part of the panel’s agenda. ‘Women’s rights or gay rights or healthcare rights, those are domestic issues.’ At some point gay marriage might be considered one of those, but this is an issue that’s being worked out on a nation-state level.’”

The importance of this Commission from the Trump Administration’s standpoint is underscored by the impressive resumes of its Chairperson and its initial other members. Therefore, advocates for the existing body of international human rights law need to prepare to combat this onslaught.

Amnesty International USA immediately said there was no reason for such a review given the decades-old protections in place and that the use of the word “unalienable” might be a code word to narrow human rights to the Founders’ notions of the late 18th century. Similar thoughts were expressed by the American Civil Liberties Union: “taxpayer resources would be better spent assessing the administration’s failure to meet basic human rights obligations, rather than redefining those rights.”

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[1] State Dep’t, Secretary of State Michael R. Pompeo Remarks to the Press (July 8, 2019); Sullivan & Wong, State Department Creates Advisory Panel on Human Rights, N.Y. Times (July 8, 2019); Reuters, Pompeo Launches Panel to Review Human Rights in U.S. Foreign Policy, N.Y. Times (July 8, 2019)(notes Trump Administration’s U.N. actions against sexual and reproductive health measures); Assoc. Press, Trump Administration Reviews Human Rights’ Role in US Policy, N.Y. Times (July 8, 2019). Previous posts to this blog have discussed this Commission: Is Trump Administration Attempting To Redefine International Human Rights? (June 15, 2019); Other Reactions to State Department’s Commission on Unalienable Rights (June 17, 2019); More Thoughts on Commission on Unalienable Rights (June 18, 2019); U.S. Commission on Unalienable Rights: Developments (July 4, 2019).

[2] Pompeo, Unalienable Human Rights and U.S. foreign Policy, W.S.J. (July 7, 2019).

[3] Another source listed two possible additional members of the Commission: Kiron Skinner and F. Cartwright Weiland. Skinner is the Director of Policy Planning at the State Department and a former Research Fellow at Stanford University’s Hoover Institution and a professor at Carnegie Mellon University. Weiland is a current or former chief speechwriter for Senator John Cornyn and Republican Whip (Rep., TX) and/or Policy Analyst at Texas Conservative Coalition Research Institute. (Ruffini, Mike Pompeo unveils new “Unalienable Rights” commission amid concerns over progressive rollbacks, CBS News (July 8, 2019).)

 

 

 

 

 

 

 

“Is One New Humanity Possible?”

Sunday, October 7, was World Communion Sunday at Minneapolis’ Westminster Presbyterian Church. This was celebrated with global music, including pieces from African-Americans (“McKee” by Matthew H. Cori and “In Christ There Is No  East or West”), Japan (“Here, O Lord, Your Servants Gather” by Isao Koizumi), Taiwan (“Search Me, O God”), Argentina (“Glory, Glory, Glory”), Jamaica (“Let Us Talents and Tongues Employ”) and South Africa (“Thula Sizwe”).

The sermon, “Is One New Humanity Possible?” by Senior Pastor Tim Hart-Andersen explored this global theme as well.

The Scriptures

Ephesians 2:11-22 (NRSV):  

  • “So then, remember that at one time you Gentiles by birth, called ‘the uncircumcision’ by those who are called ‘he circumcision’—a physical circumcision made in the flesh by human hands— remember that you were at that time without Christ, being aliens from the commonwealth of Israel, and strangers to the covenants of promise, having no hope and without God in the world. But now in Christ Jesus you who once were far off have been brought near by the blood of Christ. For he is our peace; in his flesh he has made both groups into one and has broken down the dividing wall, that is, the hostility between us. He has abolished the law with its commandments and ordinances, that he might create in himself one new humanity in place of the two, thus making peace, and might reconcile both groups to God in one body[ through the cross, thus putting to death that hostility through it. So he came and proclaimed peace to you who were far off and peace to those who were near; for through him both of us have access in one Spirit to the Father. So then you are no longer strangers and aliens, but you are citizens with the saints and also members of the household of God, built upon the foundation of the apostles and prophets, with Christ Jesus himself as the cornerstone. In him the whole structure is joined together and grows into a holy temple in the Lord; in whom you also are built together spiritually into dwelling place for God.”

The Sermon

“But now in Christ Jesus you who once were far off have been brought near…that he might create in himself one new humanity in place of the two.”

“The problem in Ephesus 2000 years ago was a divided humanity and the animosity that came with it – not all that different from the times in which we live, in many ways.”

“So Christ Jesus came and proclaimed peace to you who were far off and peace to those who were near.”

“From the Jewish perspective the population of the ancient Greek city of Ephesus was split in two, those “who were near’ – Jews, members of the covenant community of God’s people – and those ‘who were far off’ – Gentiles, outside the circle of the covenant community. ‘Near’ and ‘far off’ are not geographic terms; they refer to neighbors, co-workers, fellow students, people you see in the store, between whom there existed, in the words of Ephesians, a ‘dividing wall of hostility.’”

“In Ephesus those not sharing the same faith tradition or language, culture or politics did not share the same humanity. They were separated. They were other. They were alien. They were far off and someone else was at the center.”

“The problem of ‘the other’ is as old as humanity itself. It was there in Ephesus, and it is here, among us, today. It appeared in a variety of guises back then; the world was divided into male and female, slave and free, Jew and Greek. There was always the other.”

“It’s no different in our time. Racism grows out of an othering based on skin color. People with differing abilities become the other. Or people making minimum wage. Or immigrants. Or people of wealth. Or people living on the streets. And on and on it goes…rural-urban, left-right, Republicans-Democrats, men-women.”

“Sometimes we’re the other; sometimes we do the othering. We all tend to conjugate humanity into what we perceive to be its constituent parts – as if that will solve something or somehow satisfy us.”

“On the contrary, that tendency, if left unchecked, will be our undoing. That’s true not only in our national life, but on the global stage, as well. If we continue to approach the world and life in our communities as if our particular group or nation . . . [was] at the center, isolated from others not like us, that center will not hold. The dividing walls of hostility between them and us, if not dismantled, will ruin us.”

“The response of the Christian Church in ancient Ephesus was to use their imagination and develop a dream of an utterly different world in which people celebrated and welcomed the other. The followers of Jesus referred to it as a new humanity, and they saw it as God’s intention in Jesus Christ. The goal was not to do away with differences or cover them over or negate them, as if they weren’t real, but, rather, to learn to live with them, and to see them as a strength…in fact, places where God might be found.”

“’So then you are no longer strangers and aliens,’ the writer of Ephesians says, ‘But you are citizens with the saints and also members of the household of God.’”

Václav Havel argues that only by transcending the self – which is the goal of religious traditions – will we overcome our tendency to deny the humanity of the other. He defines transcendence as…“A deeply and joyously experienced need to be in harmony even with what we ourselves are not, with what we do not understand, with what seems distant from us in time and space, but with which we are mysteriously linked because, together with us, all this constitutes a single world.[1]

“One new humanity.”

“At the conclusion of one of the most rancorous and dispiriting and painful weeks in recent American history, and a month away from a pivotal, acrimonious election, one new humanity seems impossible to attain – almost ludicrous to consider, even laughable. Political culture has been debased to a take-no-prisoners approach in which survivors of sexual assault are mocked, opponents are bullied, and lying has become acceptable.”

“As followers of Jesus we’re committed to a moral vision for our life together, but it doesn’t look like that.”

“One new humanity will not abide division based on race or economics, gender or social position or power. It will insist on the inherent worth of every individual. It will never stop asking how to make the world more just. It will seek to sustain the one, beautiful planet we have. And it will reject fundamentalism of any kind, because fundamentalisms, whether religious or political, are always declared at someone else’s expense. They thrive on an ‘other,’ who is wrong, who is outside, who is not included.”

“This is not a secular vision, devoid of spiritual content. It’s a religious vision – our religious vision. Ephesians is clear about this, and we should be, too. For us, Jesus Christ is the wellspring of one new humanity. To follow Jesus means to enter into the difficult work of learning to live together with all our differences and disagreements. Our faith in Jesus compels us to speak the truth, yes, sometimes with righteous rage, but always in love, trying not to let anger over injustice turn us into that which we protest.”

“One new humanity. Small steps matter. It will take disarming imagination to do this, like that of a seven-year old. We’ll need a new way of seeing the world, born of our religious conviction and counter to everything the world tells us. We’re going to have to resist and reject the way the world is and offer an alternative vision.”

Václav Havel says a divided, rancorous, hostile world calls for transcendence that refuses to let the way things are, be the way they have to be. Can we not dream beyond the ugly reality that has such a vice-grip on us and then work together toward that dream, that vision that emerged from Ephesus so many years ago?”

“The monk Thomas Merton described a vision, . . . so moving and so descriptive of the essence of what we’re trying to do with a religious vision that reaches past the otherness in which we dwell. It happened to him on March 18, 1958, in Louisville, Kentucky. ‘At the corner of Fourth and Walnut, in the center of the shopping district,’  Merton writes,’I was suddenly overwhelmed with the realization that I loved all those people, that they were mine and I theirs, that we could not be alien to one another even though we were total strangers.’”[2]

“Our nation is desperate for such a vision to begin to remove the dividing wall of hostility – not to make us all the same and agree on everything, but to teach us to live with our differences in a way that honors them and respects them, and each one of us. I’m not talking only about political differences, although they may be uppermost in our mind these days. But I’m also thinking about race and socio-economic status, and education, and geography, and where we live in the city.”

“The old order was based on fear, and when we are afraid of one another we turn each other into enemies. The new order that comes out of the gospel is based on hope – and, as Maya Angelou says, ‘Hope and fear cannot occupy the same space.’”

“E pluribus unum. Out of many, one. It was the imperfect vision of the nation’s founders, with which we are still blessed and which we are still trying to get right.”

“Last summer in New Mexico we climbed to the top of a high mesa one day. It was a stunning view. We could see for miles over the desert landscape. Another couple soon joined us. They were immigrants from Albania. We talked, and they told us their story. They had fled as refugees to Greece, Italy, and other countries, before finally being welcomed to the U.S. They were so happy to be here. They both had settled and found jobs, and now they were on a road trip to take in their new country.”

“’God bless America,’ they said in heavily accented English. They were aliens no more.”

“Citizens with the saints and also members of the household of God.”

“One new humanity is possible, but it will take vision, and work. It’s the calling of the church. Some of us will have to set aside the privilege we enjoy, by virtue of where we fit in the culture, in order to enter the narrative of people considered the other, because our very status is a wall, whether we want it to be or not, between us and them. A good way to begin might be by listening to one another, listening to one another as we have never listened before.”

“Westminster’s Race and Grace dialogues are one place where that listening is happening. It happens, as well, in our global partnerships in Cuba, Palestine, and Cameroon, as we listen and then learn the stories of people who have been othered by history. And it can happen where we work, with our neighbors, at school. Even in our families. I know families are feeling these dividing walls of hostility. I hear it all the time from church members.”

“I had my own Thomas Merton-like moment last week. We went out to eat at a Vietnamese restaurant 15 blocks south of here called Quang Restaurant.

“It has one big, open room, no divisions, with lots of tables, and they were all full. It was like walking into the world at dinner. There were people from Asia, Africa, Latin America, and Europe sitting at the tables. Older folks, young families, single adults, children running around. Different languages. People who drove fancy new cars and others who came on the bus. Mixed groups eating together and talking with one another.”

“It was noisy and steamy and smelled of good food, and I suddenly felt kinship with them all, as if everyone were at the same table. It was World Communion Sunday a few days early. I had glimpsed – in Quang’s – the friendship within the human family that God so desires of us.”

“One new humanity is possible, through the transcendent power of God’s love, as we know that love in Jesus Christ – a love that can overcome anything that wants to keep us apart, even the dividing walls of hostility among us. And then one new humanity, one new humanity, has a chance of growing.”

“Thanks be to God.”

Reflections

One new humanity is possible. Everyone can contribute to making that possible, one small step at a time. With humility each of us needs to recognize that one individual cannot do it all yourself, but that you can do something within your limited circumstances. Also recognize that sometimes you will fail in this effort and you will ask God for forgiveness.

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[1] Václav Havel (1936-2011) was a Czech statesman, writer and former dissident, who served as the last President of Czechoslovakia from 1989 until its dissolution in 1992 and then as the first President of the Czech Republic from 1993 to 2003. The above quotation appeared in Rabbi Jonathan Sacks, The Dignity of Difference [New York: Continuum, 2000], p. 45); Sachs, now Baron Sacks, MBE is a British Orthodox rabbi, philosopher, theologian, author and politician who served as the Chief Rabbi of the United Hebrew Congregations of the Commonwealth from 1991 to 2013.

[2] Thomas Merton’s Mystical Vision in Louisville, Spiritual Travels.