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Malinowski said governments like China could take advantage of possible U.S. flexibility to actually further their repressive practices in the name of “economic and social rights,” which is a term China often uses to justify its practices. For example, the State Department says China practices widespread Internet censorship to prevent disruptions to the “economic or social order,” according to the most recent human rights report.

Two have previously defended the regimes in Saudi Arabia, the United Arab Emirates and Turkey, all of which stand accused of human rights abuses by international standards.

In 2018, commissioner Russell Berman, a Stanford University professor of comparative literature and German studies, downplayed the outcry over the murder of Saudi journalist Jamal Khashoggi, saying the reaction was politically motivated

Michael Posner, who served at State from 2009 to 2013. Posner expressed doubt that any one commissioner’s personal views would affect the department’s overall policies, but said that their ruminations on long-standing positions held at each of the agency’s many bureaus could muddle the State Department’s overall message.

Asked about Berman’s Khashoggi comments, a senior administration official referred to President Donald Trump’s latest comments about the matter at the G20 summit in Osaka, Japan. During a press conference there, Trump said he was “very unhappy” about Khashoggi’s murder but said “nobody, so far, has pointed directly a finger at the future King of Saudi Arabia,” contradicting the assessment of his own intelligence agency.

Last year, another commission member, Hamza Yusuf, praised the UAE, calling it “a country that is committed to tolerance…. This is a country that is committed to civil society. It is one of the safest countries on the earth.” Contrary to Yusuf’s assertion, the UAE also stands accused of numerous human rights abuses perpetrated on its own citizens.

The official noted that the commission is part of the Policy Planning Staff, a clearinghouse for independent analysis and advice for the secretary of state, arguing that its position means it will not play a role in policy-making

These commissions do not need congressional approval or appropriations of funds. Instead, they are enacted with a “timely notice” in the Federal Register, per a 1972 law, which also says advisory committees may not make policy, leaving such decisions up to the president or “an officer of the federal government.”

Some human rights groups and Democratic lawmakers have also expressed concern that the commission’s goal of refocusing on “unalienable rights” is actually an attempt to narrow the rights the government has to protect, including abortion rights and protections for the LGBTQ community.