Wnited States Senate WASHINGTON, OC 20510 October 3, 2016 ‘The Honorable John F. Kerry Secretary of State United States Department of State 2201 C Street NW Washington, D.C., 20520 Dear Secretary Kerry: As members of the United States Senate, a body in which you have served, we take very seriously our responsibility to the American people to oversee expenditures and programs funded by taxpayers, In June you attended the 46" General Assembly of the Organization of American States (OAS), representing the United States among the other 34 member nations and other observer states. While OAS reform has been a topic of discussion this year, we have concerns that this organization — to which the U.S. is the largest donor -- is misusing its resources and influence in the region, We have heard from Central and South American officials that their own national sovereignty is threatened by what they view as “cultural imperialism imposed by an organization that is seemingly more concerned with pushing an ideological agenda than respecting the local rule of law.” We also have followed closely cases of judicial over-reach by the Inter-American Court of Human Rights, often subverting laws on matters pertaining to issues like abortion and marriage. ULS. democracy aid and foreign assistance should not be utilized to compromise the laws enacted by anation’s democratically elected leaders, Those actions are in themselves undemocratic and ‘would not be tolerated in our country. ‘The Inter-American Commission of Women (CIM) and the Inter-American Commission for Human Rights (ACHR) are also taking a leading role in promoting this legally unfounded agenda. The CIM, without any treaty-based support, has categorized the pro-life legislation of member nations as a form of state violence." ‘The Inter-American Court of Human Rights has in a similar manner egregiously misinterpreted the American Convention on Human Rights, issuing numerous ultra vires orders attempting to impose “rights” not recognized in treaty law on various countries. In the case of Artavia Murillo, the Court - without any legal authority or basis - overturned a decision from the Constitutional Tribunal of Costa Rica banning in-vitro fertilization (IVF) and then subverted the constitutional system of the country by validating a presidential decree executing its decision, notwithstanding that there was no legislative action on the matter as constitutionally required ' Table 4, Pg. 124 hup:/wy Segundolnformetlemisfericn-FN.pdt meseevi/docs/MESECVI-Whatever one’s views about IVF, there is no justification for an international entity to impose its views on this issue on Costa Rica. ‘The United States, through its sizable contribution to the general funds of the OAS is directly responsible for funding these attacks on national sovereignty and the rule of law. U.S. funding for international bodies should not be utilized to compromise the laws enacted by a nation’s democratically elected leaders. Those actions are in themselves undemocratic and would not be tolerated in our country, ‘The U.S, provided for more than one-third ~ 41.7% - of the OAS’ 2015 total budget, continuing in the historic pattern of the U.S. contributing the largest sum of funds for this entity. The OAS Revitalization and Reform Act of 2013, requires a multiyear strategy provided to the Committee on Foreign relations of the Senate and a quarterly briefing that analyses the progress made by the OAS. It is not clear that the Department is implementing the requirements of this law. We respectfully request an in-person briefing from the State Department by those officials responsible for Western Hemisphere Affairs and our representation to the OAS to discuss the concerning issues highlighted above and the implementation of the Reform Act. Additionally, in torms of priorities of the OAS, the State Department notes” the intention of aligning the work of the OAS with the 2030 Agenda for Sustainable Development. We also request information on how the United States is working to implement this Agenda, as well as the budget of the OAS ~ with budget justifications similar to those provided to Congress by the State Department for the Sate, Foreign Operations Budget annually. While we present these concerns to you today, we do not wish to minimize the progress the OAS is making in attempting to address the terrible crisis in Venezuela, Ultimately, we believe the relationship between countries within our own hemisphere - which share many cultural, religious, and historical characteristics - is of utmost importance and must be carefully sustained. We look forward to your prompt reply. wet Mh Mike Lee Marco Rubio Senator Senator Background Briefing pre-OAS General Assembly: http://www.state.gov/r/pa/prs/ps/2016/06/258439.htm