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Today's
Stories
December 5 / 7, 2008
Brian Cloughley
Shambles in Afghanistan
December 4, 2008
Ece Temelkuran
Inside the Ergenekon Case
Ralph Nader
Turning Crisis into Opportunity: Who Will Seize the Moment?
Harry Browne
The Bush-Obama National Security Strategy
Eamonn Fingleton
The American Car Industry: a Riposte to the Knockers
Conn Hallinan
The Syria Attack
Mike Whitney
Fiasco in Somalia: Another CIA Cock-Up
Stewart J. Lawrence
Obama and Latinos: Richardson, Alone, is Not Enough
Paul Fitzgerald /
Elizabeth Gould
Message to Obama: Stop Killing Afghanis
Karyn Strickler
Show Us the Green, Before We Show You the Money
Jennifer Matsui
Obama-Cola: the Great National Temperance Beverage
Website of the Day
"He Ain't Got Laid in a Month of Sundays..."
December 3, 2008
Andrew Cockburn
What's Wrong with the U.S. Military
Sheldon Rampton
Mormon Homophobia: Up Close and Personal
Robert Weissman
Nationalize GM
Yifat Susskind
From Mumbai to Washington
William Blum
The Obama Bummer:
Vote First, Ask Questions Later
Alan Singer
The Ghost of the Defunct Economist
David Macaray
Trampled Under Foot at Wal-Mart
Martha Rosenberg
Born With a Statin Deficiency? Line Forms to the Left!
Mats Svensson
The Crimes Have No Period of Limitations
Website of the Day
Why Bill Richardson's Nomination Should be Opposed
December 2, 2008
Jeremy Scahill
Obama's Kettle of Hawks
Paul Craig Roberts
The New Arms Race
Ayesha Ijaz Khan
The Mumbai Terror Attacks: Is Pakistan to Blame?
Sarah Anderson /
John Cavanagh
Skewed Priorities: How the Bailout Dwarfs Spending on Other Global Crises
William Blum
The Mythology of the War on Terrorism
John Ross
Mexico's Drug War Goes Down in Flames
Dave Lindorff
A Tale of Two Terror Attacks
Nicola Nasser
A Peace Process That Makes Peace Impossible
Steve Conn
Operation Redskin Removal
Robert Bryce
Coal Hard Facts
Website of the Day
Country, Funk, Soul
December 1, 2008
Patrick Cockburn
From Baghdad to Mumbai, by Way of Pakistan
Damien Millet /
Eric Toussaint
Obama's Economic Team:
Records of Failure
Vijay Prashad
The Fires in South Asia
Deepak Tripathi
Obama's Foreign Crises
Joshua Frank
Madam Secretary Clinton and the Middle East
P. Sainath
The Unlikely Martyrdom of Free Market Jihad
Alan Farago
The Right's War on Regulators
Binoy Kampmark
Sydney's Ball and Chain
Chris Genovali
Silent Fall
David Michael Green
Hope You Die Before You Get Old
Stephen Martin
The Chinese are Coming, the Chinese are Coming!
Website of the Day
Robert Rubin: Coward, Liar or Both?
November 28-30, 2008
Alexander Cockburn
In Time of Trouble
Mike Whitney
The Obama "Dream Team": Rubin Clones and Other Fakers
Ted Honderich
What is the Meaning of Obama's Election?
Tom Kerr
Preserving Filthy Lucre (Or Becoming My Dad)
Mike Ely
The Conquest of New England
David Yearsley
Hymns of the Conquest
Deepak Tripathi
Uproar in Police-State Britain
Sonja Karkar
Gaza's Death Throes
Ramzy Baroud
Salvation in a News Broadcast
Robert Weitzel
Israel's Settlement on Capitol Hill
Robert Roth
Can We Create a Movement for Change?
Carlos Fierro
Obama and the End of Racism?
David Macaray
How to Kill a Union
David Rosen
A New Sexual Agenda
James Cockcroft
Indigenous People Rising
Stan Cox
The Most Disappointing Gift
Steve Conn
Talking Turkey About College Basketball
Stephen Martin
The Electromagnetic Pulse and Economic Warfare
Richard Rhames
Busty Bimbettes, Bombs and Brand Obama
Kim Nicolini
Women as Products and Cannibalistic Achievers
Lorenzo Wolff
A Battle Cry for the Confused and Vulnerable
Poets' Basement
Woods, Harrison and Corseri
November 27, 2008
Tariq Ali
The Assault on Mumbai
Steve Hendricks
Thanksgiving We Can Believe In: Justice in Indian Country
Ralph Nader
Open Up Those Corporate Tax Returns
John Walsh
The Root Cause of the Crisis of 2008
Dave Lindorff
The Department of Homeland Lunacy
Christopher Brauchli
Thanks A Lot, Mr. Meese: How Alberto Gonzales Learned to Get You to Pay for His Legal Bills
Matthew Koehler
Giving Thanks for Burned Forests
Website of the Day
John Trudell: "Crazy Horse We Hear What You Say"
November 26, 2008
Michael Hudson
The Obama Letdown
Alan Farago
Bailouts and the New Math
Stanley Heller
Don't Bail Them Out, Take Them Over
Kevin Zeese
The Real Cost of the Bailout
Steve Conn
Now It Can Be Told (Except in North Carolina)
Ray McGovern
Kafka and Uighurs at Guantánamo
Ron Jacobs
King George is Gone: Now It's Time to Organize
Eric Walberg
Obama's Odious Entourage
Martha Rosenberg
Pay No Attention to That Turkey Being Slaughtered (Or How Sarah Palin Created a Whole New Generation of Vegetarians)
Matt Siegfried
Back to the Future With Barack
Website of the Day
"Every Time I've Compromised, I've Lost"
November 25, 2008
James Abourezk
Of Arrogance, Bailouts and the Big Three
Ralph Nader
Don't Suppress Carter
Patrick Irelan
PBS Reports for Big Oil on Venezuela
John Ross
Obama in Bedlam
Fred Gardner
Dr. Goodwin and the Infinite Con
Dan LaBotz
The Auto Crisis: a Big Caravan to Washington?
Tom Barry
Napolitano and Immigration Policy
Norman Solomon
The Ideology of No Ideology
Richard Morse
Memo From Haiti:
Where the Culture of Corruption Meets the Corruption of Culture
Chris Strohm
The Missing Rules of Engagement in Cyberwar
Website of the Day
Green vs. Green?
November 24, 2008
Mike Whitney
You Ain't Seen Nothing Yet
Pam Martens
The Rise and Fall of Citigroup
Laray Polk
Bush's Library: the Kurds, Oil and Missing Records
David Ker Thomson
American Friends: With Friends Like These, Who Needs Canadians?
Uri Avnery
Likud Rising
Joe Mowrey
Deprivation and Desperation in Gaza
Ramzi Kysia
An Administration in Search of a Progressive:
the Team Obama Should Have Picked
Kevin Zeese
The Causes of the Auto Crisis
Dave Lindorff
Rescuing the Blob:
Idiots and Bailouts
David Macaray
Seven Reasons You Should Join a Union
Howard Lisnoff
Inaugurations Past and Present
Website of the Day
I Hate the Beatles
November 21 / 23, 2008
Alexander Cockburn
The Honeymoon is Looking a Bit Wan
Michael Hudson
Paulson's Cascade of Lies
Mike Whitney
Time to Move to Plan B ... If There is One
Barbara Rose Johnston /
Holly M. Barker
Cautionary Tales From a Nuclear War Zone
Serge Halimi
The Gloom of Empire: Downhill All the Way
Alan Farago
The Suburbs March On
Ralph Nader
Changing With Retreads: the Third Clinton Administration
Saul Landau
When Old Axioms Don't Apply
Robert Bryce
From LBJ to Obama: the End of Texas Dominance
Shannon May
Ecological Crisis and Eco-Villages in China
Binoy Kampmark
The End of the Yugo
Jack Ely
The Fate of the West's Wild Horses
Ramzy Baroud
The Rights of Women in War Zones
Missy Beattie
Why Vote, Anyway?
Larry Portis
Women Soldiers Serving in (and Barely Surviving) the Israeli Army
James McEnteer
Colombia's Laboratory of Failure
Christopher Brauchli
A Tale of Two Whales
David Yearsley
Real
Swords, Fire and Don Giovanni
Adam Engel
Power Down
Ron Jacobs
The Continuing Saga of the White Album
Lorenzo Wolff
Honky Tonk Heroes:
When Country Got Real
Poets' Basement
Raza Ali Hasan
Website of the Weekend
Lips and Fingers
November 20, 2008
P. Sainath
The Jurassic Auto and Idea Park
Brian McKenna
How Dow Chemical Defies Homeland Security and Risks Another 9/11
Paul Craig Roberts
What Uncle Sam Has to Say to His Creditors
Andy Worthington
How Guanántamo Can be Closed
Peter Lee
India Doubles Down in Afghanistan ... Maybe
Dr. Eyad al-Serraj
At the Erez Crossing
Sen. Russ Feingold
The Bush Pardons
Lance Selfa
Who Made the New Deal?
Ray McGovern
Keeping Gates
Benjamin G. Davis
Ending Torture; Prosecuting the Torturers
Tracy McLellan
Obama's Crony Democracy: the Return of Tom Daschle
Website of the Day
Finally, a Victory for Palestinians
November 19, 2008
M. Shahid Alam
Obama and the Politics of Race and Religion in America
Mario A. Murillo
Holder, Chiquita and Colombian Death Squads
Martine Boulard
Escaping the Dollar's Shadow
Robin D. G. Kelley
Will Obama be the First "Freedom" Democrat?
Behrooz Ghamari-Tabrizi
Obama and the Iron Cage
Jonathan Cook
Who Will Stop the Settlers?
Steve Conn
Spare Change or No Change at All
George Wuerthner
The NYT and the Beetles of Mass Destruction
Michael Winship
This Just in From Middle Earth
Stephen Martin
The Other Side of the Pleasure-Dome
Website of the Day
An Important Holiday Message From Kristen Johnston
November 18, 2008
Chellis Glendinning
Cheering for Morgan Stanley
George C. Wilson
Perils of Pakistan: Will It Prove to be Obama's Cambodia?
Franklin Lamb
Who Will Evict Israel from Lebanon: Hezbollah or the UN?
Bill and Kathleen Christison
The Irresponsibility of Appointing Hillary Clinton Secretary of State
Roger Burbach
Orchestrating a Civic Coup in Bolivia: How Bush Tried to Bring Down Morales
John Ross
Drilling vs. Direct Democracy in Mexico
Wajahat Ali
Is Obama the Muslim World's Superman?
Damien Millet /
Eric Toussaint
What Really Happened in Washington? The G20 and the Inconsistent Script
Marc Gardner
When Mooning is a Sex Crime
Eric Walberg
Courting the Bear: a New Era for Russian/Western Relations?
Wendy Williams
The Bottled Water Con
Website of the Day
Where's Zappa When We Need Him?
November 17, 2008
Michael Hudson
Bankers Shake Down Congress and the G-20
Paul Craig Roberts
When It's a Clear Day and You Can't See GM
Mike Whitney
Busted in Washington
Steve Conn
Where is Nader Country 2008? Mapping the Nader Votes
Andy Worthington
Closing Guantánamo: Advice for Obama
Jonathan Cook
The Real Goal of Israel's Blockade of Gaza: "They Are All Hamas"
Rannie Amiri
Dual Loyalties Will Doom Obama
David Macaray
Bailing Out the Automakers
David Michael Green
Twelve Victories
Charles Modiano
Sports Illustrated and Sexism: Tokenism or a New Day?
Website of the Day
The South Sea Bubble
November 14 / 16, 2008
Alexander Cockburn
Heading for the First Hundred Days
Jeffrey St. Clair
How Bill Clinton Doomed the Spotted Owl: a Cautionary Tale for Greens in the Age of Obama
Mike Whitney
Paulson the Bungler
Sasan Fayazmanesh
RIP: the Experts, 1929-2008
Moshe Adler
Keynes:
China's Greatest Export?
Anthony DiMaggio
Transcending Race?
Jean Bricmont
Cats, Dogs and Creationism
Sheldon Rampton
The Eisenstadt Hoax: a Real Life Example of a "Fake Fake"
Douglas Valentine
Let the Trials Begin!
Joseph Nevins /
Timothy Dunn
Barricading the Border
Tom Barry
Rahm Emanuel's Political Pragmatism on Immigration
Ron Jacobs
Che Guevara Meets Trashman: the Genius of Spain Rodriguez
Larry Portis
The State of the Israeli State
Mary Lynn Cramer Obama's Brain Trust: Seems Like Old Times
Sherry Wolf
The Myth of the Black/Gay Divide
Peter Cervantes-Gautschi
Secretary of Greed: How Larry Summers Championed Wall Street by Impoverishing the Mexican People
Jacob Hornberger
The Conservative Malaise: Hey, Brother, Can You Spare Some Habeas Corpus?
Lance Selfa
The Center-Right Nation Con
Benjamin Dangl
Vermont Against General Dynamics
Seth Sandronsky
Lifelines in Hard Times
Russell Mokhiber
Time to Give the Friends of Big Coal the Boot
Allan Stellar
Nuke a Gay Whale for the Navy
Kelly Overton
Get Thee to a Shelter:
the Obamas and the Million-Mutt March
Martha Rosenberg
Why Mink are Cheering the Economic Crisis
Richard Rhames
Palling Around with Ray the Plumber
David Yearsley
How I Played Hooky from "High School Musical 3"
Lorenzo Wolff
Zach is Back: Songs of Hurt, Rage and Resistance
Poets' Basement
Gibbons, Ford and Buknatski
Website of the Weekend
The Eyes Have It
November 13, 2008
Pam Martens
The Two Trillion DollarBlack Hole
Vijay Prashad
Guilt by Participation: Sonal Shah's Membership Has Expired
Patrick Cockburn
Who is Paying for the Iraqi National Intelligence Service?
Jonathan Cook
The Withering Palestinian Economy
Ralph Nader
Obama and the Rogue Regime
Bill Quigley
McCain Owes America an Apology
Lee Sustar
Bailing Out the Big Three
Omar Barghouti
Boycotting Israeli Settlement Products
Steve Conn
More Alaska Fun
Howard Lisnoff
The Last Bastion of Hate
Jeff Cohen
What Indy Media Heroes Can Teach Us
Website of the Day
Who are the Obamagelicals?
November 12, 2008
Johanna Berrigan
Scattered Families: the Iraq Refugee Crisis
Steve Conn
The Big Mystery Election in Alaska
Patrick Bond
Against Volcker
Bokar Ture /
Dedrick Muhammad
Remembering a Black Radical in a Barack Obama America
Alan Farago
The Hispanic Vote in South Florida: Not Dyed Blue Yet
Dave Lindorff
Rescuing Joe Lieberman
Karl Grossman
Break Up Big Oil: Tyranny in the Tank
David Macaray
An Obama Litmus Test: Will Labor Have a Seat at the Table?
George Wuerthner
Act Now to Save America's Public Forests
Susie Day
Heavy Weather
Website of the Day
Does the Planet Have a Future? an Interview with Derrick Jensen
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Weekend Edition
December 5 / 7, 2008
Ratify the Women's Convention...Soon
Obama and Women's Rights
By MARJORIE COHN
Nearly 30 years after President Jimmy Carter signed the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the United States remains the only democracy that refuses to ratify the most significant treaty guaranteeing gender equality. One hundred eighty-five countries, including over 90 percent of members of the United Nations, have ratified CEDAW.
U.S. opposition to ratification has been informed not simply by an objective analysis of how CEDAW’s provisions might conflict with U.S. constitutional law. Rather, it reflects the ideological agenda and considerable clout of the religious right and the corporate establishment. Issues of gender equality raise some of the most profound divisions between liberals and conservatives. The right-wing agenda was born again in the Bush administration, which issued numerous directives limiting equality between the sexes. Bush targeted funding for family planning and packed the courts and his administration with anti-choice ideologues.
The parade of horribles trumpeted by ratification opponents includes predictions that it would force the United States to pass an Equal Rights Amendment (ERA). Opposition to the ERA in the 1980s was also grounded in religious fundamentalism. There are fears that ratification may lead to the legalization of same-sex marriage, the abolition of single-sex schools, and create a nation of androgynous children.
Much of the hysteria directed at ratification is based upon false assumptions. One opponent warned: “A messy divorce case shouldn’t end up in the World Court.” This is a reference to the International Court of Justice, which does not even have jurisdiction over marital dissolution cases. An editorial in Hanover, Pennsylvania’s The Evening Sun predicted CEDAW backers will use the International Criminal Court as an enforcement tool. But, the International Criminal Court only has jurisdiction over war crimes, genocide and crimes against humanity.
Cecilia Royals of the National Institute of Womanhood said, “This treaty represents a battering ram against free and democratic societies, and particularly against women with traditional values.” The Weekly Standard charged the treaty “mandates complete sex equality in the military, the overthrow of market wages and implementation of ‘comparable-worth’ pay scales, rigid gender quotas, abortion on demand, and federally mandated child care.” Many opposed to ratification seek to protect the large corporations – the backbone of U.S. capitalism – from having to enact equality provisions that would imperil the bottom line.
Although President Carter signed CEDAW in 1980, the treaty has never been sent to the full U.S. Senate for its advice and consent to ratification. When the president signs a treaty, we are forbidden from taking action inconsistent with the object and purpose of the treaty. But we don’t become a party, with all the treaty obligations, until the president ratifies the treaty with the advice and consent of the Senate.
After Ronald Reagan became president and the Republicans gained control of the Senate, CEDAW languished in the Senate Foreign Relations Committee. Neither Reagan nor President George H.W. Bush sought ratification. Reagan made his contempt for CEDAW perfectly clear when he said that once adopted, the treaty would lead to “sex and sexual differences treated as casually and amorally as dogs and other beasts treat them.”
In 1994, at the behest of the Clinton administration, the Senate Foreign Relations Committee held hearings and recommended full Senate approval of CEDAW. Yet Committee chairman Jesse Helms continued to hold CEDAW hostage by keeping it from a vote in the Senate. In response to a last-minute campaign against ratification fueled by radio talk shows, a “hold” was placed on the treaty, preventing the full Senate from voting on it.
Five years later, 10 female members of the House of Representatives, including Nancy Pelosi, delivered to a hearing of the Senate Foreign Relations Committee (the Committee) a letter supporting ratification, signed by 100 members of Congress. Jesse Helms scolded them with, “Now you please be a lady,” before ordering uniformed officers to “[e]scort them out.”
When the Committee recommended ratification in 1994, it attached proposed reservations, understandings, and declarations (RUDS) to its recommendation, which purported to qualify the terms of ratification. These qualifications, however, would effectively eviscerate the promise of equality enshrined in the treaty. For example, ratification opponents insist that the First Amendment, particularly freedom of religion, trumps a woman’s right to privacy. CEDAW prohibits discrimination by private as well as public entities. States have defined issues of family planning, childcare, marriage, and domestic violence as “private.”
CEDAW, in effect, mandates that states parties take affirmative action to ensure equality for women in the areas of employment, education, health care and family planning, economic, political, cultural, social, and legal relations. CEDAW specifies that temporary measures taken to achieve equality will not constitute discrimination. The U.S. reservation makes clear that notwithstanding the prescriptions of CEDAW to eliminate gender discrimination by any “person, organization or enterprise,” ratification would not mean that the United States would have to ensure that private entities regulate private conduct.
Jesse Helms added an understanding to ratification stating that CEDAW does not create a right to abortion, and that abortion should not be used as a method of family planning. This understanding is unnecessary because CEDAW does not even mention abortion. Opposition to reproductive rights has been a hot button issue for the right-wing evangelicals.
Other reservations specify that the United States undertakes no obligation to enact statutes requiring comparable worth or paid maternity leave. Full-time, year-round, wage-earning American women now earn an average of 75 cents for every dollar earned by men in similar jobs. Women in the United States only enjoy the right to short, unpaid maternity leave, and they can be fired for being late due to pregnancy or maternity-related illness. Women in Canada, Europe and Cuba enjoy greater wage equality and paid maternity rights than women in the United States.
The recommended RUDs purport to ensure that ratification of CEDAW would not require that the United States adopt greater protections than those afforded under the U.S. Constitution. Yet U.S. equal protection jurisprudence falls short of safeguards women would have under CEDAW. Classifications based on race require strict scrutiny and mandate that the government demonstrate a compelling government interest to support them. But classifications based on gender require only intermediate or skeptical scrutiny. Instead of a compelling government interest, there need only be a substantial relationship between the interest and the classification. The Secretary of State even indicated in a 1994 letter to the Senate Foreign Relations Committee that the United States would continue to follow the [lesser] intermediate scrutiny standard after ratification, notwithstanding the treaty’s defining principle prohibiting gender discrimination.
Moreover, CEDAW defines discrimination against women as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose” of impairing or nullifying women’s human rights and fundamental freedoms. Yet, U.S. constitutional jurisprudence requires that there be proof of both a discriminatory impact and a discriminatory purpose in order to establish an equal protection violation.
It has been U.S. policy to eschew limitations on speech that reinforce the inferiority of women. Indeed, significant inequality between the sexes persists in the United States in employment and education, and in the economic, political, cultural, and criminal system. Women in the United States do not enjoy guarantees of social welfare rights such as food, clothing, housing, health care and decent working conditions. The refusal to enshrine these rights in U.S. law is the reason our government has also failed to ratify the International Covenant on Economic Social and Cultural Rights (ICESCR). See Obama Spells New Hope for Human Rights (http://marjoriecohn.com/2008/11/obama-spells-new-hope-for-human-rights.html).
CEDAW, like the three human rights treaties the United States has ratified – the International Convention on the Elimination of All Forms of Racial Discrimination, the Torture Convention, and the International Covenant on Civil and Political Rights - contains a declaration that the treaty is non-self-executing,which means that it requires implementing legislation to make it effective. Scholars including Professor Louis Henkin maintain that the Senate’s general practice of appending non-self-executing declarations to ratification violates the Supremacy Clause, which mandates that treaties shall be the supreme law of the land. The opposition to ratification stems not only from the belief that the United States should not ratify any treaty with provisions inconsistent with U.S. constitutional jurisprudence; it also demonstrates a refusal to require our government to change or enact laws that comport with the obligations we would undertake by ratifying a treaty.
Finally, there is a declaration that the United States will only submit on a case-by-case basis to the jurisdiction of the International Court of Justice to resolve disputes about the interpretation of CEDAW. According to the Vienna Convention on the Law of Treaties, RUDs which are incompatible with the object and purpose of a treaty are void. The RUDs proposed by the Senate committee are not only incompatible with the mandate of equality in CEDAW, they shun the primary object of the treaty: non-discrimination against women. Professor Cherif Bassiouni has said: “The Senate’s practice of de facto rewriting treaties, through reservations, declarations, understandings, and provisos, leaves the international credibility of the United States shaken and its reliability as a treaty-negotiating partner with foreign countries in doubt.”
Yet, in spite of the RUDs, CEDAW continues to languish in Committee. Early in 2002, President George W. Bush called CEDAW “generally desirable” and said it “should be approved.” Yet once the right-wing pressure geared up, Bush backed down. Five months later and shortly before the Senate Foreign Relations Committee voted 12-7 to approve the treaty, Secretary of State Colin Powell reported that the treaty was “complex” and “vague.” Attorney General John Ashcroft, no champion of women’s rights, was charged with “reviewing” CEDAW. Bush never sent CEDAW to the Senate for advice and consent to ratification.
More than 120 organizations, including AARP, the League of Women Voters, Amnesty International, and the World Federalist Association, support ratification. The city of San Francisco voted in 1998 to adopt the treaty, and its provisions are in force there. City departments have incorporated the treaty into hiring practices as well as budgets for juvenile rehabilitation programs and public transportation.
President-elect Barack Obama has said he supports ratification of CEDAW as well as the Equal Rights Amendment. He has promised increased enforcement by his Office of Civil Rights to ensure effective protection from sex discrimination. President-elect Obama should not hesitate to send CEDAW to the Senate for advice and consent to ratification, without the proposed RUDs that would eviscerate its protections.
It took nearly 150 years for women to gain the right to vote in this country. There is no principled reason our government should resist full equality for women. The United States must climb on board and ratify the Convention on the Elimination of All Forms of Discrimination Against Women.
Marjorie Cohn is a professor at Thomas Jefferson School of Law and the president of the National Lawyers Guild. She is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law. Her new book, Rules of Disengagement: The Politics and Honor of Military Dissent (with Kathleen Gilberd), will be published in March by PoliPointPress. This is the second in a series of articles that argue for ratification of the remaining major human rights treaties.

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