The U.S. Department of State has recently released updated guidelines for the annual report on human rights for each country and warned that countries that support diversity equity and inclusion (DEI) as well as affirmative-action initiatives could be flagged for violating human rights norms. Reuters+1

This is a significant shift in the way people in the U.S. assesses foreign governments. In the past, reports were focused on violations like torture, political repression, and violation of the fundamental rights of freedoms. With the new policy the report will now include whether states are enforcing DEI practices such as affirmative action-style quotas, or other policies in which would be considered by the U.S. administration judges to violate its definition of rights for individuals. The Washington Post+1

As per reports from Reuters analysis of these rules, new report are expected to “target foreign enforcement of DEI, affirmative action, abortion policies” under the guise of human rights review. Reuters The top State Department official told reporters that the new guidelines emphasize “natural rights … endowed by the Creator” instead of group-based rights or specific protections for minorities. The Washington Post

The change has been defended by the administration as necessary to bring focus back on what it defines as “unalienable rights” and to disavow what it regards as excessively partisan or rights-based agendas based on identity. In a press conference an official emphasized that it was the U.S. will call out nations that insist on rights based on group or preferences that favor particular groups of people over other citizens. The Washington Post

For those countries that have for a long time depended in DEI as well as affirmative-action frameworks as part of the efforts to improve the lives of minority groups, women, and other historically vulnerable groups — the new interpretation raises questions. The policies that were once recognized in a variety of democracies and endorsed by international organizations can now be classified as violations of human rights under U.S. rubric as “infringements” of human rights, if they place a high value on group identity in the allocation of opportunities.

Human rights organizations and civil society activists have expressed concern about this change in the human rights report could weaken its the emphasis on structural discrimination and protecting marginalized groups — areas which many believe are essential to the human-rights agenda. A former top U.S. human-rights official described the change in the report as “an intentional effort to limit rights” that are based on gender and minorities. The Washington Post

The new guidelines could have important diplomatic implications for the diplomatic world. Country reports are regularly influencing U.S. foreign-aid decisions, diplomatic signalling, and human rights rankings that are used by investors and civil society monitors. States that support DEI could be being criticized not just by the domestic public but as well from a changing U.S. narrative that recasts these very policies as unjust.

Analysts say that the move is part of an overall “America First” approach to human rights under the current U.S. administration. The new definition of rights argues that they are universal and personal and not groups or collectives based. In this perspective policies that target certain groups (for instance, affirmative action for ethnic minorities, or gender recognition of identity) could be seen as discriminatory against other people. Reuters

The change could affect the protections of minorities across the globe in particular if governments invoke U.S. framers to limit the DEI-style policies. It is also a concern regarding the likelihood that U.S. will reduce scrutiny of nations with weak human rights performance in favor of focussing on things that U.S. now deems “real rights”–free speech, property rights and religion. The Washington Post reported that the new priorities are less attention to violence against women as well as LGBTQ right to rights as reflected in reports that have been released. The Washington Post

The recent U.S. rules signalling that DEI policies overseas are human rights violations mark a significant shift within U.S. foreign-policy discourse. It is unclear if this will lead to changes in the way countries develop diversity policies or cause a unintended weakening of protections for people who are less fortunate is yet to be determined.