Open Letter to Secretary of State Antony Blinken regarding the withdrawal of Professor James Cavallaro’s nomination for commissioner to the Inter-American Commission on Human Rights of the Organization of American States
Secretary of State Antony Blinken
2201 C St NW
Washington, DC 20520
202-647-6575
secretary@state.gov
RE: U.S. State Department withdrawal of leading human rights expert’s candidacy to Inter-American Commission on Human Rights
Dear Secretary Blinken:
We the undersigned groups and individuals are deeply concerned and dismayed by the U.S. State Department’s withdrawal of Professor James Cavallaro’s nomination for commissioner to the Inter-American Commission on Human Rights (“the Commission”) of the Organization of American States (“OAS”).
On February 10th, the State Department nominated Cavallaro because he is, in the State Department’s own words, “a leading scholar and practitioner of international law with deep expertise in the region as well as the Inter-American human rights system.” Cavallaro served on the Commission for the 2014-2017 term, including as Commission President from 2016-2017.
Cavallaro’s recent nomination was welcomed by many in the human rights community in the United States and throughout the OAS region. Four days later, the State Department withdrew its nomination. The Associated Press reported that Cavallaro’s statements about the Israeli government and criticisms of the influence of pro-Israel lobbying groups led to the withdrawal of his nomination. The State Department noted that Cavallaro’s statements “clearly do not reflect U.S. policy” and “are not a reflection of what we believe.” Cavallaro reports that State Department officials informed him that the basis for the withdrawal of his nomination was his posts on Twitter about Israel and Palestine.
It is alarming that the State Department has reversed its decision and disqualified one of the most distinguished, independent human rights experts on the Americas from joining the region’s human rights oversight body based at least in part on his well-grounded analyses of international human rights issues.
The State Department should reinstate Cavallaro’s nomination for the following reasons:
Cavallaro is one of the most distinguished human rights advocates in the Americas.
Following Cavallaro’s leadership of the human rights programs at both Harvard and Stanford Law Schools, the State Department nominated him to the Commission in 2013. He served both as Commissioner (2014-2017) and President (2016-2017), as well as Rapporteur on the Rights of Persons Deprived of Liberty. In these roles, his numerous achievements and contributions have had lasting consequences for victims’ access to justice and the protection of human rights in the OAS region.
Commissioners on the Inter-American Commission are independent human rights experts, not spokespeople for their country’s foreign policies.
The effectiveness of the Inter-American Commission rests on the independence of its Commissioners from their governments. This is reflected in the Inter-American Commission’s Rules and Procedures, which prohibit commissioners from participating in discussions and voting on matters that concern the country of which they are a national.
Cavallaro’s criticism of the Israeli government is consistent with the findings of prominent human rights organizations.
Palestinian, Israeli, and international human rights organizations, advocates, and scholars have all published reports concluding that the Israeli government’s repression of Palestinians amounts to apartheid.
Withdrawing the candidacy of a distinguished human rights advocate for their criticism of human rights abuses in Israel/Palestine or any other context sets a dangerous precedent that impacts human rights advocacy across the globe.
Human rights practitioners and scholars should not fear professional reprisal for expressing their views about human rights violations, especially those carried out by U.S. allies. This undermines free expression, academic freedom, and the work of all human rights advocates, particularly those who do not have the same kind of platform as Cavallaro.
The State Department’s move is harmful to the global human rights movement and undermines the credibility of the United States in advocating for human rights in other parts of the world.
Sincerely,
Human Rights Watch
B’Tselem
Center for Constitutional Rights
American Friends Service Committee
International Human Rights Clinic, Harvard Law School
Additional Signatories:
Institutional:
Jewish Voice for Peace Action
Democracy in the Arab World Now (DAWN)
Freedom Forward
Front Line Defenders
Palestine Legal
Initiative for Strategic Litigation in Africa (ISLA)
International Human Rights Clinic, Boston University School of Law
ReThinking Foreign Policy
Institute for Policy Studies, New Internationalism Project
Andean Information Network
Alliance for Water Justice in Palestine
Jewish Voice for Peace Boston
National Lawyers Guild San Francisco Bay Area Chapter
Haitian Bridge Alliance
International Human Rights Clinic, Santa Clara Law
Just Foreign Policy
Center for Justice and Accountability
Sons And Daughters of Africa, Inc
Tackling Torture at the Top
National Lawyers Guild International Committee
Unitarian Universalists for Justice in the Middle East
Project South
Asheville Homeless Network
MADRE
Human Rights First
Promoting Enduring Peace
Disability Rights International
Coalition for an Ethical Psychology
Justiça Global – Brasil
Gregório Andrade Advogados Associados
Global Justice Clinic at NYU School of Law
Classi Edizioni
Comité de Acción Jurídica (CAJ)
Water Protector Legal Collective
Iniciativa Direito a Memória e Justiça Racial
Instituto Silvia Lane
USA Palestine Mental Health Network
Sovrastrutture Paris
J – Punto Einaudi Napoli
Centro Estratégico en Justicia y Derecho para las Américas (CENEJYD)
Rede de comunidades e Movimento contra violência
Universidade Católica de Pernambuco
Asociación de Detenidos Desaparecidos y Mártires por la Liberación Nacional ASOFAMD
Lowenstein Human Rights Project, Yale Law School
Defending Rights & Dissent
Harvard Law School Advocates for Human Rights
Robert F. Kennedy Human Rights (RFK Human Rights)
Brooklyn For Peace
Instituto Braços – Centro de Defesa dos Direitos Humanos em Sergipe
Freedom Imaginaries
Colectiva Acción Directa Autogestiva
Foro Cultural Karuzo
Milynali Red
Familias desaparecidos Orizaba – Cordoba
Silvia Elida Ortiz Solís
Red Nacional de Organismos Civiles de Derechos Humanos “Todos los Derechos para Todas y Todos” (Red TDT)
Voces unidas por la vida y la dignidad humana
Centro de Estudios Legales y Sociales (CELS)
Organización del pueblo kichwa Saraguro SA KIAT
Técnicas Rudas
ICDH
Comissão de Direito Internacional da OAB/RJ
ACAT-Brasil e da FENADV-Federaçao Nacional dos Advogados e Advogadas
Agenda Nacional Pelo Desencarceramento
Rede Nacional de Mães e Familiares de Vítimas do Terrorismo do Estado
Movimento Candelária Nunca Mais
Frente Estadual Pelo desencarceramento do Rio de janeiro
Coletivo de mães e familiares de pessoas privada de liberdade Rondônia
Movimento Mães de Acari
Frente Estadual Pelo desencarceramento do Rio Grande do norte
Amafavv Espírito Santo
Movimento de Mães Amar RJ.
Laboratório de Gestão de Políticas Penais da Universidade de Brasília – Brasil
Chief Executive Officer, Ancient Song Doula Services, Brooklyn, NY
CODEPINK
Harvard College Palestine Solidarity Committee
Council on American-Islamic Relations
Yemen Relief and Reconstruction Foundation
MENA Rights Group
Serviço Ecumênico de Militância nas Prisões (SEMPRI)
BIPOCanalysis Collective
ePalestine.ps
MPower Change
Middle East Crisis Committee (MECC)
IfNotNow
Individuals (title and affiliation listed for identification purposes only):
Former Candidates & Commissioners, Inter-American Commission on Human Rights; former & current United Nations Mandate Holders
David Kaye, UC Irvine School of Law, UN Special Rapporteur on Freedom of Opinion and Expression (2014-2020) . . .
See full list of signatories here.
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Bonus IC Video: Democracy Now! “Silencing Critics of Israel: Biden Pulls Nomination of Human Rights Lawyer For Decrying Apartheid”
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