New U.S. Senate Bills Embrace Normalization of Relations with Cuba

A prior post discussed the recent rumors that the Trump Administration, next month, is planning to reverse various aspects of the U.S. normalization of relations with Cuba that commenced on December 17, 2014.

In resistance to this threat, the U.S. Senate this week saw two new bipartisan bills embracing such normalization.

Protecting American Travel to Cuba [1]

On May 25 A bill to allow United States citizens and legal residents to travel between the United States and Cuba (S.1287) was offered by Senator Jeff Flake (Rep., AZ) with 54 bipartisan co-sponsors (43 Democrats, 9 Republicans and 2 Independents). It would eliminate current restrictions on traveling to Cuba for tourist purposes completely and permanently deregulate U.S. travel to Cuba.

According to Senator Flake, “Recognizing the inherent right of Americans to travel to Cuba isn’t a concession to dictators, it is an expression of freedom. It is Americans who are penalized by our travel ban, not the Cuban government. Lifting the ban on U.S. citizens traveling to Cuba can pave the way to meaningful change by increasing contact between Cubans and everyday Americans, and it is certain to have positive benefits for the island’s burgeoning entrepreneurial and private sector.”

Senator Patrick Leahy (Dem., VT) , one of the leading cosponsors, added, “A bipartisan majority of the Senate agrees that the federal government should not be telling Americans where they can or cannot travel, especially to a tiny country just 90 miles from Florida.  The restrictions in law that our bill would strike down are a failed vestige of the Cold War.  The travel ban is neither justified nor in our national security or economic interests.  If we don’t engage, China and Russia will – in fact they already are.  While this bill doesn’t lift the embargo, it at least would restore to Americans the freedom to travel they are entitled to.”

The increased U.S. travel to Cuba over the last two years has contributed to economic growth and job creation in the U.S. travel and tourism sectors and provided significant economic support to Cuban entrepreneurs and small business owners. Removing all restrictions on traveling to Cuba would further strengthen Cuba’s growing private sector.

Expanded travel to Cuba is supported by 81% of the American public, including 71% of Republicans plus U.S. travel groups, over 100 U.S. agriculture groups, the National Association of Manufacturers, U.S. national security experts and almost 100% of the Cuban people.

Ending the U.S. Embargo[2]

On May 25 A bill to lift the trade embargo on Cuba (S. 1286) was introduced by Senator Amy Klobuchar (Dem., MN) with 13 cosponsors (9 Democrats, 3 Republicans and 1 Independent). It would pave the way for new economic opportunities for American businesses and farmers by boosting U.S. exports and allow Cubans greater access to American goods. The legislation repeals key provisions of previous laws that block Americans from doing business in Cuba, but does not repeal portions of law that address human rights or property claims against the Cuban government.

“For far too long, U.S.-Cuba policy has been defined by the conflicts of the past instead of the realities of today and the possibilities for the future,” Senator Klobuchar said. “More than 50 years of isolating an island just 90 miles from our border has not secured our interests and has disadvantaged American business owners and farmers. This bipartisan legislation would benefit the people of both our countries by boosting American exports and creating opportunity for the Cuban people. We need to turn the page on the failed policy of isolation and build on the progress we have made to open up engagement with Cuba by ending the embargo once and for all.”

Senator Michael Enzi (Rep., WY), one of the cosponsors, said, “Over the last 50 years, our strategy of isolating Cuba hasn’t been very successful. This bipartisan legislation would lift the travel restriction to Cuba, providing new opportunities for American businesses, farmers and ranchers. But trade is very powerful. It can be more than just the flow of goods, but also the flow of ideas – ideas of freedom and democracy are the keys to positive change in any nation. It is time we moved on from the failed ideas of the past and tried a new approach to Cuba.”

Another cosponsor, Senator Patrick Leahy, added, “Decades after the end of the Cold War we continue to impose punitive sanctions against Cuba, a tiny island neighbor that poses no threat to us. After more than half a century, the embargo has achieved none of its objectives.  President Obama took a courageous and pragmatic step in opening diplomatic relations with Cuba.  It is now up to Congress to end the embargo, which is used by the Cuban government to justify its repressive policies, and by foreign companies to avoid competing with U.S. businesses that are shut out of the market.  Lifting the embargo will put more food on the plates of the Cuban people, allow them to access quality U.S. products, and spur reforms in Cuba’s economy, all while benefiting American companies.  I commend Senator Klobuchar for her steadfast leadership on this issue.”

Cuba relies on agriculture imports to feed the 11 million people who live on Cuba and the 3.5 million tourists who visit each year. This represents a $2 billion opportunity for American farmers annually. This bill would repeal the current legal restrictions against doing business with Cuba, including the original 1961 authorization for establishing the trade embargo; subsequent laws that required enforcement of the embargo; and other restrictive statutes that prohibit transactions between U.S.-owned or controlled firms and Cuba, and limitations on direct shipping between U.S. and Cuban ports.

Conclusion

Now is the time for all U.S. supporters of normalization to engage in public advocacy of these policies and to urge their U.S. Senators and Representatives to oppose any rollback of normalization.

We also need to express our support of those who have introduced bills in this Session of Congress to end the embargo and to expand Americans’ freedom to travel to Cuba. In addition to the two previously mentioned bills, the following bills also deserve support:

  • Senator Heidi Heitkamp (Dem., ND), Agricultural Export Expansion Act of 2017 (S.275);
  • Senator Jerry Moran (Rep., KS), Cuba Trade Act of 2017 (S.472)(end the embargo);
  • Representative Mark Sanford (Rep., SC), Freedom to Travel to Cuba Act of 2017 (H.R.351);
  • Representative Tom Emmer (Rep., MN), Cuba Trade Act of 2017 (H.R.442)(end the embargo);[3]
  • Representative Kevin Cramer (Rep., ND), Cuba DATA Act (H.R.498);
  • Representative Rick Crawford (Rep., AR), Cuba Agricultural Exports Act (H.R.525); and
  • Representative Jose Serrano, (Dem., NY), Promoting American Agricultural and Medical Exports to Cuba Act of 2017 (H.R.572), Baseball Diplomacy Act (H.R.573), Cuba Reconciliation Act (H.R.574).

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[1] S.1287: A bill to allow United States citizens and legal residents to travel between the United States and Cuba; Flake, Leahy Reintroduce Bill Restoring Freedom to Travel to Cuba (May 25, 2017); Statement of Senator Patrick Leahy on The Freedom for Americans to Travel to Cuba Act of 2017 (May 25, 2017); 55 U.S. Senators Introduce Bipartisan Bill to Life the Travel Ban on Cuba, Engage Cuba (May 25, 2017); Reuters, U.S. Lawmakers Reintroduce Bill to End Restrictions on Cuba Travel, N.Y. Times (May 25, 2017); Torres, More than 50 senators support eliminating restrictions on travel to Cuba, Miami Herald (May 26, 2017).

[2] S. 1286: A bill to lift the trade embargo on Cuba (May 25, 2017); Klobuchar, Enzi, Leahy Flake Lead Bipartisan Coalition to Introduce Major Legislation to lift Cuba Trade Embargo (May 25, 2017); Sens. Introduce Second Cuba Bill, Sending Clear Message to Trump, Engage Cuba (May 26, 2017).

[3] Representatives Emmer and Castor Introduce Bill To End Embargo of Cuba, dwkcommentariese.com (Jan. 12, 2017).

Rumors of Upcoming Trump Administration Rollback of U.S. Normalization of Relations with Cuba

As reported in prior posts, the Trump Administration presumably has been conducting an overall review of U.S. policies regarding Cuba.[1] Although the completion of that review has not been publicly announced, there are rumors that in mid-June the Administration will be announcing a rollback of at least some of the various normalization measures announced by the Obama Administration starting on December 17, 2014.

Rumored Reversals

Even though U.S.’ Cuba policies have not had much public attention in these days of focus on revelations of Trump campaign connections with Russia, the pro-U.S.-embargo lobby apparently has used support for the Administration’s non-Cuba legislation (e.g., health care) to extract promises from Trump on rolling back the present policies. High on the list of rumored roll backs are limiting people-to-people U.S. travel to technical categories and stopping any U.S. trade or licenses that would be associated with “military” entities of the Cuban government.

This rumored reversal is happening even though all federal administration agencies support further negotiations with Cuba for better relations, especially in the areas of illegal immigration, national security, human trafficking, environment, trade, commerce, healthcare. These agencies influence have been hampered because there is no one in charge of Western Hemisphere Affairs at the State Department.

These unfortunate changes were hinted in President Trump’s statement on the May 20th so-called Cuban Independence Day when he said:[2]

  • “Americans and Cubans share allegiance to the principles of self-governance, dignity, and freedom. Today, we remember patriots like José Martí, who devoted himself to making Cuba an economically competitive and politically autonomous nation. He reminds us that cruel despotism cannot extinguish the flame of freedom in the hearts of Cubans, and that unjust persecution cannot tamper Cubans’ dreams for their children to live free from oppression. The Cuban people deserve a government that peacefully upholds democratic values, economic liberties, religious freedoms, and human rights, and my Administration is committed to achieving that vision.” (Emphasis added.)

Trump’s statement, not unexpectedly, was not well received in Cuba. Later the same day an “Official Note” was read on Cuban state television describing Trump’s message as “controversial” and “ridiculous,” especially on May 20, which Cuba sees as the date in 1902 when Cuba became a “Yankee neo-colony” or de facto U.S. protectorate after its status as a Spanish colony ended. More specifically May 20, 1902, was the date the Platt Amendment was added to the Cuban Constitution and 11 days after the signing of the Treaty of Paris by the U.S. and Spain ending the so-called Spanish-American War.[3] Cuba’s true Independence Day is January 1, 1959, the date the Cuban Revolution took over the government of the island.[4]

Resistance to Reversals

There, however, is resistance to any such rumored reversals.

First, the Trump Administration itself recently submitted its proposed Fiscal 2018 budget for the State Department that does not include any funds for the so-called Cuba “democracy promotion” programs by the U.S. Agency for International Development (USAID).[5] In a letter accompanying this budget request, U.S. Secretary of State Rex Tillerson said the request “acknowledges that U.S. diplomacy engagement and aid programs must be more efficient and more effective, and that advancing our national security, our economic interests, and our values will remain our primary mission.” These undercover or covert USAID programs, in this blogger’s opinion, are unjustified and counterproductive and should have been cancelled a long time ago.[6]

Second, another voice for resistance within the Trump Administration is U.S. Secretary of Agriculture Sonny Perdue, who is a Trump appointee. On May 17 he appeared before the House Agriculture Committee. In response to a question by Representative Rick Crawford (Rep., AR) about his bill, Cuba Agricultural Exports Act (H.R.525), that would eliminate the U.S. requirement for Cuban cash payments upfront to purchase U.S. agricultural exports, Perdue said, “I think that’s something I would be supportive of if folks around the world need private credit to buy our products, and I’m all for that. [7]

Third, a May 24 letter to President Trump advocated the maintenance of the current U.S. policies regarding U.S. travel to Cuba. It came from a group of over 40 U.S. travel service providers that offer legal, authorized travel to Cuba. It asserted that the recent increase of such travel “has had a significant impact on our businesses by increasing our revenue and allowing us to hire more American employees. Additionally, it has helped the Cuban private sector, and fostered strong relationships between Americans and Cuban religious organizations and humanitarian programs.” The impact on Cuba’s private sector was emphasized: “Many U.S. travelers visiting Cuba stay in privately run B&Bs, dine at private restaurants, hire independent taxis and purchase goods and services from entrepreneurs. They are greatly supporting the growth of the Cuban private sector.”[8]

Fourth, another force for resistance to any such roll back is Cuban Ambassador to the U.S., José Ramón Cabañas, who along with other Cuban diplomats has been traveling to many parts of the U.S. and conveying Cuba’s best wishes for better relations with the U.S. and how such relations will benefit many Americans. I well remember the visit he and his wife made to Minneapolis in 2014 before he had the title of Ambassador and his low-key, pleasant and intelligent discussion of the many issues facing our two countries.  More recently he has been to Harvard University and Montana State University and visiting mayors, governors, legislators and ordinary Americans in Pennsylvania, Maryland, Montana, Massachusetts, Kentucky, Louisiana, the Washington suburbs and Florida. At the University of Louisville, the Ambassador said, “We are ready and open to work with the Trump administration, and we believe that we can build a future of cooperation with the United States in many subjects, although we recognize that there are many areas in which we will not agree.”[9]

Conclusion

Now is the time for all U.S. supporters of normalization to engage in public advocacy of these policies and to urge their U.S. Senators and Representatives to oppose any rollback of normalization.

We also need to express our support of those who have introduced bills in this Session of Congress to end the embargo and to expand Americans’ freedom to travel to Cuba:

  • Senator Heidi Heitkamp (Dem., ND), Agricultural Export Expansion Act of 2017 (S.275);
  • Senator Jerry Moran (Rep., KS), Cuba Trade Act of 2017 (S.472)(end the embargo);
  • Representative Mark Sanford (Rep., SC), Freedom to Travel to Cuba Act of 2017 (H.R.351);
  • Representative Tom Emmer (Rep., MN), Cuba Trade Act of 2017 (H.R.442)(end the embargo);[10]
  • Representative Kevin Cramer (Rep., ND), Cuba DATA Act (H.R.498);
  • Representative Rick Crawford (Rep., AR), Cuba Agricultural Exports Act (H.R.525); and
  • Representative Jose Serrano, (Dem., NY), Promoting American Agricultural and Medical Exports to Cuba Act of 2017 (H.R.572), Baseball Diplomacy Act (H.R.573), Cuba Reconciliation Act (H.R.574).

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[1] The Future of U.S.-Cuba Normalization Under the Trump Administration, dwkcommentaries.com (Dec. 22, 2016); More Reasons To Believe There Is a Dim Future for U.S.-Cuba Normalization, dwkcommentaries.com (Jan. 2, 2017); Three Experts Anticipate Little Change in U.S. Policies Regarding Cuba, dwkcommentaries.com (Jan. 10, 2017); Washington Post Endorses Continued Normalization with Cuba, dwkcommentaries.com (Jan. 11, 2017); Secretary of State Nominee Rex Tillerson Addresses U.S. Policies Regarding Cuba, dwkcommentaries.com (Jan. 12, 2017); Rex Tillerson, Secretary of State Nominee, Provides Written Responses Regarding Cuba to Senate Foreign Relations Committee, dwkcommentaries.com (Jan 23, 2017); Lobbying the Incoming Trump Administration To Continue Normalization with Cuba, dwkcommentaries.com (Jan. 18, 2017); Cuban Entrepreneurs Express Frustration and Confidence, dwkcommentaries.com (Jan. 28, 2017); Uncertainty Over Future Cuba Policies of Trump Administration, dwkcommentaries.com   (Apr. 5, 2017).

[2] White House, Statement from President Donald J. Trump on Cuban Independence Day (May 20, 2017).

[3] The U.S. 1898 entry into Cuba’s Second War of Independence and establishment of the de facto protectorate lasting until 1934 was reviewed in a prior post.

[4] Torres, Havana lashes out against Trump’s Mary 20 message to the Cuban people, Miami Herald (May 22, 2017); Sánchez, There is no future without the past, Granma (May 23, 2017).

[5] Whitefield, No USAID funds for Cuba in Trump budget proposal, Miami Herald (May 24, 2017); Schwartz, Trump Administration Proposes 32% Cut to State Department Budget, W.S.J. (May 23, 2017); Secretary Tillerson, Letter Regarding State Department’s Budget Request (Fiscal 2018) (May 23, 2017).

[6] See posts listed in “U.S. Democracy Promotion in Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA.

[7] USDA Secretary Perdue Supports Bill to Expand Ag Exports to Cuba, Engage Cuba (May 18, 2017);

[8] Over 40 Leading U.S. Travel Companies and Associations Urge President Trump Not to Roll Back U.S. Travel to Cuba, Engage Cuba (May 24, 2017).

[9] Whitefield, Cubans become the road warriors of D.C. diplomatic corps, Miami Herald (May 22, 2017).

[10] Representatives Emmer and Castor Introduce Bill To End Embargo of Cuba, dwkcommentaries.com (Jan. 12, 2017).

 

The Mission of Morocco’s Ministry of Endowments and Islamic Affairs

The mission of Morocco’s Ministry of Endowments and Islamic Affairs was explicated in a September 2014 speech by its Minister, Ahmed Toufiq, to an Open Briefing by the U.N. Security Council’s Counter-Terrorism Committee.[1] To the right is his photograph.

Two other representatives of the Moroccan government made more general statements at the briefing: H.E. Mr. Nasser Bourita, Secretary-General of the Ministry of Foreign Affairs of the Kingdom of Morocco; and Mr. Yassine Mansouri, Director General of the Directorate General of Studies and Documentation of the Kingdom of Morocco.[2]

This briefing was opened by the Committee’s Chair, Ambassador Raimonda Murmokaitë, the Permanent Representative of Lithuania to the U.N., who stated that the theme of this open briefing– countering incitement to commit terrorist acts motivated by extremism and intolerance–was prompted by the Committee’s 2013 visit to Morocco and identifying its national strategy to promote dialogue among civilizations as a good practice to be shared among other States. The Chair noted, “Whether in developing or developed States, religious leaders can play a pivotal role in creating an environment of peaceful coexistence. By promoting intra-religious and interreligious reflection and dialogue, governments can help build trust within societies and within public institutions.”

Minister Ahmed Toufiq’s Statement[3]

Minister Toufiq started with the assertion that many Islamic terrorist groups seek to take advantage of the following religious beliefs of most observant Muslims: (1) “religion gives meaning to life;” (2) “some events that have taken place in recent history are ambiguous and tend to disturb the conscience that believes in the ideal values of religion;” (3) “justice at all levels is a central value in religion;” and (4) “religion encompasses all the bases of life and . . . regulates [life] for both individuals and community.”

At the same time, he said, observant Muslims can be vulnerable to some Islamic terrorists’ messages due to (a) “a belief that “political legitimacy [is based upon a] commitment to the fundamentals of religion;” (2) Islamic terrorists’ “interpretation of [Islamic religious] texts in the absence of a respectable qualified [Islamic] religious authority;” and (3) the “absence of or shortcomings in [Islamic] religious leadership and supervision or religious services.”

In these historical circumstances, Morocco’s King Mohammed VI as the country’s Commander of the Faithful has pursued policies to prevent terrorism: adopting reforms and actions in accordance with religious fundamentals (defending religion, protecting life, guarding against harmful ideologies, preserving property and defending honor and dignity); and implementing reforms to enhance security, justice and living conditions and thereby consolidate solidarity and combat social marginalization and exclusion. These measures include the following:

  • Adherence to the Ash’ari doctrine that does not excommunicate people or impose death sentences for transgressing Devine Decrees;[4]
  • Adherence to the Maliki school of jurisprudence that encompasses a “rich variety of methods to derive rulings from their sources;” that has “flexibility in integrating local cultural practices within the sphere of Islamic Law;” that recognizes the “importance [of] . . . public interest [including] . . . a fatwa (ruling) . . . that the laws that are promulgated in Morocco all have religious legitimacy.”[5]
  • “Preservation of the spiritual dimension of Islam known for its mysticism (Sufism). . . [that calls] the soul to account as a means to reach ethical perfection . . . . [that raises] the awareness of the sanctity of the Other, [that] curbs unhealthy enthusiasm for racial and tribal belonging and [that] sets up institutions that provide assistance, protection, education and development.”[6]

The Commander of the Faithful also has established the High Council for Religious Affairs as a modernization of Morocco’s long-standing Order of religious scholars to “implement the fundamentals of religion, especially in mosques, the intellectual enhancement of the caretakers of religion and of the general public, which would definitely curb negative phenomena such as terrorism.” They do so “in conformity with the great principle known in Islam as ‘enjoining good and forbidding evil.’”

The High Council, therefore, takes “charge of issuing fatwas pertaining to political life and social activity, while people’s statements on religion remain mere opinions whose free expression is guaranteed so long as [they] do not violate the law.” The Council thereby has “demonstrated through legal proof . . . that there is no cogent proof for terrorism in religion.”

The Commander of the Faithful also has substantially increased the budget allocated to religious services, including “holding in-service training of imams under the supervision of the legal scholars; training young imams from among university graduates; [and] training spiritual guides from among female university graduates . . . to provide guidance to women and men in mosques, . . . schools, hospitals and prisons.”[7]

Conclusion

The above comments about Islam in Morocco were placed in broader context by the following statement in the remarkable website “Morocco on the Move” maintained by the Moroccan American Center, a group of three U.S. NGOs:

  • “Morocco has a long history of religious diversity and tolerance. Freedom of worship is guaranteed by Morocco’s Constitution, and in contrast to other parts of North Africa or even Europe, Morocco is internationally recognized for peaceful coexistence among the country’s Muslims, Jews, and Christians.”
  • “Morocco protected its Jewish citizens from anti-Semitic laws during World War II, and in 2009, King Mohammed [VI] became the first Arab leader to denounce the Holocaust, calling it ‘one of the most tragic chapters of modern history.’ Morocco has a vibrant Jewish community, with thriving synagogues and schools. Members of the Jewish community have played and continue to play key roles in Moroccan political life, such as serving as a senior royal advisor, an ambassador-at-large, and parliamentary candidates.”

Although, as noted in a prior post, the U.N. Human Rights Committee has pointed out weaknesses in Morocco’s freedom of religion, as a non-Moroccan and a non-Muslim, I am impressed by Morocco’s intelligent analysis of the threat posed by terrorists, especially from ISIS and Al Qaeda, Morocco’s crafting of responses to emphasize the true peacefulness of Islam and the leadership of King Mohammed VI. I also especially solicit corrections and elaborations of the above account.

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[1] Morocco’s involvement with the U.N. Security Council’s Counter-Terrorism Committee and other multilateral and bilateral efforts to combat terrorism was discussed in a prior post. Another such multilateral effort was its July 2015 hosting of the inaugural conference of the United Nations Counter-Terrorism Centre (UNCCT) – Global Counterterrorism Forum (GCTF) Border Security Initiative (BSI). (U.N. Counter-Terrorism Centre, Inaugural Conference of the United Nations Counter-Terrorism Centre-Global Counterterrorism Forum Border Security Initiative (July 2015).

[2] Talking Points of Ambassador Nasser Bourita (Sept. 30, 2014); Director General Mansouri, Speech to U.N. Security Council Counter Terrorism Committee (Sept. 30, 2014).

[3] Toufiq, Speech at U.N. Security Council’s Counter-Terrorism Committee (Sept. 20, 2014).

[4] According to Wikipedia, Ash’ari theology is an early theological and orthodox school of Sunni Islam that holds that interpreting the Quran and the Hadith should keep developing with the aid of older interpretations. While it depends on rationalism, it also holds that the unique nature and attributes of Allah cannot be fully understood by human reasoning and the senses.

[5] According to Wikipedia, Maliki is one of four major schools of religious law within Sunni Islam. Its sources for Islamic law (Sharia) are hierarchically prioritized as follows: Quran and then trustworthy Hadiths (sayings, customs and actions of Muhammad); if these sources were ambiguous on an issue, then `Amal (customs and practices of the people of Medina), followed by consensus of the Sahabah (the companions of Muhammad), then individual’s opinion from the Sahabah, Qiyas (analogy), Istislah (interest and welfare of Islam and Muslims), and finally Urf (custom of people throughout the Muslim world if it did not contradict the hierarchically higher sources of Sharia).

[6] According to Wikipedia, Sufism believes that it is possible to draw closer to God and to more fully embrace the divine presence in this life. The chief aim of all Sufis is to seek the pleasing of God by working to restore within themselves the primordial state of human nature (fitra) as described in the Quran. In this state nothing one does defies Allah, and all is undertaken with the single motivation of love (ishq).

[7] In May 2014, King Mohammed VI launched the Mohammed VI Institute for the Training of Imams, Morchidines, and Morchidates in Rabat, which will welcome students from Morocco, Africa, and the Middle East to promote religious moderation and tolerance in the region.

 

 

 

U.S. State Department’s Opinion on Moroccan Religious Freedom 

On August 10, 2016, the U.S. Department of State released its latest annual report on religious freedom in every country in the world for 2015. Here are the key points of what it said about Morocco.[1]

The Report on Morocco

Morocco with its population of 33.3 million people (July 2015), estimates that 99% are Sunni Muslim and 1%, Shia Muslims, Christians, Jews and Bahais.

“The constitution declares the country to be a sovereign Muslim state and Islam to be the religion of the state. The constitution guarantees freedom of thought, expression, and assembly, and says the state guarantees the free exercise of beliefs to everyone.”

“The law grants recognition to Sunni Maliki-Ashari Muslims and Jews as native populations free to practice their religion without any specific requirements to register with the government. The law requires [all other] religious groups not recognized as native, which includes non-Maliki-Ashari Muslims (i.e., Shia) and Christians, among others, to register before they are able to undertake financial transactions or conduct other business as private associations and legal entities.”

“Registered churches and associations include the Roman Catholic, Russian Orthodox, Greek Orthodox, French Protestant, and Anglican Churches, whose existence as foreign resident Churches predates the country’s independence in 1956 and which operate within the officially registered Council of Christian Churches of Morocco (CECM).”

“The constitution states the king is the protector of Islam and the guarantor of freedom of worship. It prohibits political parties, parliamentarians, and constitutional amendments from infringing upon Islam. The criminal code prohibits the use of ‘enticements’ by non-Muslims to try to convert Muslims to another religion. The minister of justice reaffirmed the freedom to change religions as long as no coercion was involved, but said Christian evangelism remained prohibited because missionaries had offered material inducements to the poor to convert them.”

“The government reportedly detained and questioned Moroccan Christians about their beliefs and contacts with other Moroccan Christians, including incidents in Rabat and Fes. The government also continued to deny registration to local Christian, Shia, and Bahai groups. Representatives of minority religious groups said fears of government surveillance led adherents of the Christian, Bahai, and Shia faiths to refrain from public worship and instead to meet discreetly in members’ homes. The government allowed foreign Christian communities to attend worship services in approved locations. The Ministry of Endowments and Islamic Affairs (MEIA) continued to control the content of sermons in mosques, Islamic religious education, and the dissemination of Islamic religious material by the broadcast media. The government continued to restrict the distribution of non-Islamic religious materials, as well as Islamic materials it deemed inconsistent with the Maliki-Ashari school of Sunni Islam. The government arrested several individuals for eating in public during Ramadan.”

“Although Jews said they continued to live and worship in safety, participants in a pro-Palestinian rally in Casablanca in October staged a mock execution of individuals dressed as Hasidic Jews. Christians reported pressure to convert from non-Christian family and friends. Two Muslim actors received death threats for appearing in a U.S.-made movie about the life of Jesus. Members of the Shia community said in some areas they were able to practice their faith openly, but most members of the community practiced discreetly. Bahais reportedly practiced their faith discreetly and avoided disclosing their religious affiliation.”

“The U.S. government promoted religious tolerance in its bilateral strategic dialogue [with the Moroccan government]. The Ambassador, embassy and consulate general officers, and visiting U.S. government officials met with senior government officials, including the minister of endowments and Islamic affairs, to discuss tolerance of minority religions. The Ambassador and embassy officers also met with Muslim religious scholars, leaders of the Jewish community, prominent Christian visitors, Christian foreign residents, leaders of registered and unregistered Christian groups, and other local religious groups to promote religious dialogue.”

Conclusion

With Sunni Muslim as the state religion under Morocco’s constitution and 99% of the population’s being Sunni Muslims, it would appear to this non-Moroccan Christian outsider that it would be easy and non-threatening for the Moroccan government to allow virtually unfettered religious freedom to all others (Shia Muslims, Christians, Jews and Bahias). However, Morocco does not do so. Therefore, I believe the U.S. government, while observing all diplomatic niceties, should endeavor to persuade the Moroccan government to provide more religious freedom to the other religious groups.

Any U.S. efforts at attempting to persuade Morocco should refer to Morocco’s ratification or accession in 1979 to the International Covenant on Civil and Political Rights (ICCPR), which provides the following in Article 18: “Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.”

  1. “No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.”
  2. “Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.”
  3. “The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.”[2]

That U.S. effort should also mention that under the ICCPR, Morocco as a state party has submitted periodical reports regarding its implementation of the treaty to the U.N. Human Rights Committee, which after review and consultation with the party issues its Concluding Observations on that implementation. The last such Concluding Observations by this Committee, which were issued on December 1, 2016, said the following about freedom of religion in Morocco:

  • “39. The Committee is concerned by reports that restrictions are placed on the practice of religions other than the official religion. It is also concerned about provisions in the Criminal Code that criminalize actions contrary to the Muslim religion and the introduction of new offences to the draft Criminal Code that further extend the limits imposed on freedom of religion and expression (arts. 18 and 19).”
  • “40. The State party should eliminate any legislative provision or discriminatory practice that is in violation of the right to freedom of thought, conscience and religion and ensure that the draft revised Criminal Code now under discussion is fully in accordance with article 18 of the Covenant.”

Finally this outsider also suggests that discussions with the Moroccan government on this subject should refer to the January 2016 Declaration of Marrakesh about religious minorities in Muslim majority countries that was discussed in a prior post.

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[1] U.S. State Dep’t, International Religious Freedom Report for 2015: Morocco (Aug. 2016). The annual reports on the same subject by the U.S. Commission on International Religious Freedom do not comment on every country in the world and Morocco is one such country that is not covered. (U.S. Com’n Int’l Religious Freedom, Annual Report (April 2017) (Morocco is not on list of countries covered by report, pp. iii-iv).

[2] The ICCPR and other international instruments regarding religious freedom were briefly reviewed in International Law Regarding Freedom of Religion, dwkcommentaries.com (Jan. 1, 2012).

Morocco Promotes Moderate Islam with the Declaration of Marrakesh

A prior post noted that as part of its tripartite counterterrorism strategy, Morocco was promoting moderate Islam that directly condemned others who said the faith justified acts of terrorism. In early 2016 this was made express at a conference entitled “Religious Minorities in Muslim Lands: Its Legal Framework and a Call to Action” that was held in Morocco’s fourth-largest city, Marrakesh. The product of the conference was the Declaration of Marrakesh. Here is an examination of this important document and of the reactions it produced.

 The Declaration of Marrakesh[1]

The conference was precipitated by the organizers’ recognizing that “several predominantly Muslim countries [in recent years] have witnessed brutal atrocities inflicted upon longstanding religious minorities. These minorities have been victims of murder, enslavement, forced exile, intimidation, starvation, and other affronts to their basic human dignity. Such heinous actions have absolutely no relation whatsoever to the noble religion of Islam, regardless of the claims of the perpetrators who have used Islam’s name to justify their actions: any such aggression is a slander against God and His Messenger of Mercy as well as a betrayal of the faith of over one billion Muslims.”

Therefore, the conference was to “focus on the following areas: (1) Grounding the discussion surrounding religious minorities in Muslim lands in Sacred Law utilizing its general principles, objectives, and adjudicative methodology; (2) exploring the historical dimensions and contexts related to the issue; and (3) examining the impact of domestic and international rights.”

The Declaration’s two-page Executive Summary (in English) states in its preamble the following:

  • “WHEREAS, conditions in various parts of the Muslim World have deteriorated dangerously due to the use of violence and armed struggle as a tool for settling conflicts and imposing one’s point of view;”
  • “WHEREAS, this situation has also weakened the authority of legitimate governments and enabled criminal groups to issue edicts attributed to Islam, but which, in fact, alarmingly distort its fundamental principles and goals in ways that have seriously harmed the population as a whole;”
  • “WHEREAS, this year marks the 1,400th anniversary of the Charter of Medina, a constitutional contract between the Prophet Muhammad, God’s peace and blessings be upon him, and the people of Medina, which guaranteed the religious liberty of all, regardless of faith.”

The Declaration then declared a “firm commitment to the principles articulated in the Charter of Medina, whose provisions contained a number of the principles of constitutional contractual citizenship, such as freedom of movement, property ownership, mutual solidarity and defense, as well as principles of justice and equality before the law” and whose objectives are in harmony with “the United Nations Charter and related documents, such as the Universal Declaration of Human Rights.”

As a result the Declaration affirmed “that it is unconscionable to employ religion for the purpose of aggressing upon the rights of religious minorities in Muslim countries” and issued the following calls for action:

  • “Muslim scholars and intellectuals around the world . . . [should] develop a jurisprudence of the concept of ‘citizenship’ which is inclusive of diverse groups. Such jurisprudence shall be rooted in Islamic tradition and principles and mindful of global changes.”
  • “Muslim educational institutions and authorities . . . [should] conduct a courageous review of educational curricula that addresses honestly and effectively any material that instigates aggression and extremism, leads to war and chaos, and results in the destruction of our shared societies.”
  • “[P]oliticians and decision makers . . . [should] take the political and legal steps necessary to establish a constitutional contractual relationship among its citizens, and to support all formulations and initiatives that aim to fortify relations and understanding among the various religious groups in the Muslim World.”
  • “[The] educated, artistic, and creative members of our societies, as well as organizations of civil society, . . . [should] establish a broad movement for the just treatment of religious minorities in Muslim countries and to raise awareness as to their rights, and to work together to ensure the success of these efforts.”
  • “[The] various religious groups bound by the same national fabric . . . [should] address their mutual state of selective amnesia that blocks memories of centuries of joint and shared living on the same land . . . [and] rebuild the past by reviving this tradition of conviviality, and restoring our shared trust that has been eroded by extremists using acts of terror and aggression.”
  • “[The] representatives of the various religions, sects and denominations . . . [should] confront all forms of religious bigotry, vilification, and denigration of what people hold sacred, as well as all speech that promote hatred and bigotry.”

 Responses to the Marrakesh Declaration[2]

A preliminary examination of responses to the Declaration revealed a huge split in opinions about its importance and validity.

In April 2016 the Organization of Islamic Cooperation, which represents 57 Muslim countries, endorsed the Declaration and summit urged all member states “to establish inter-governmental bodies for social peace, inclusion, intra-social tolerance, security and harmony.” The World Council of Churches, a global ecumenical organization claiming nearly 600 million constituents across 150 countries, through its General Secretary, Reverend Olav Fykse Tveit, called the Declaration “a very timely and significant text with an important message for us all.”

The U.S. Institute for Peace also welcomed the Declaration and made the following recommendations: “ensure greater visibility and awareness of the Declaration in the Muslim world; encourage the creation of, and buy-in for, a more specific roadmap for implementation; ensure that the Declaration is associated with a movement; support indigenous organizations’ efforts to use the Declaration as a tool for advocacy; support efforts by indigenous Muslim organizations and actors to use the Declaration as a tool for education; [and] non-Muslim states and organizations must play a supporting, rather than leading, role.”

A negative review, however, was provided by Sheikh Michael Mumisa, a research scholar at the University of Cambridge’s Trinity Hall and one of Britain’s top Islamic scholars. He starts by pointing out that the two-page English-language “Executive Summary” omits most of the much longer original Arabic-language source document that emphasizes the need for careful examination of the Qur’an, the hadith corpus in the original Arabic before coming to any conclusions. The Declaration’s emphasis on the Charter of Medina, in his opinion, is also flawed because it fails to recognize that it was “a purely secular document” as the “product of deliberations, consultation and consensus between the various communities of Medina, not of divine revelation.” Thus, the Charter should be the basis for concluding that “modern Muslims should be able to develop their own constitutional laws through deliberation, consultation and other democratic processes without the need to invoke divine revelation.” Instead, the Declaration takes the Charter as sacred and interpreted in accordance with “inclusivist” texts while ignoring other “problematic” and “exclusivist” texts. Mumisa also said the Declaration is the latest in a long line of Muslim declarations that have “provided PR cover to the various governments and religious establishments . . . in the worst violations of Islamic principles and fundamental human rights.”

Another negative reaction was voiced by Prof. Sami Aldeeb, a Swiss-Palestinian expert on Islamic law, who said the Declaration would be toothless unless a series of fundamental legal reforms were enacted by Muslim countries to truly end discrimination against their religious minorities.” Otherwise, he thought, it was merely “propaganda” and “a waste of time.”

Amjad Mahmood Khan, a California attorney and UCLA law professor, https://law.ucla.edu/faculty/faculty-profiles/amjad-mahmood-khan/ opined that the Declaration “fails to provide any roadmap for Muslim-majority countries to engender meaningful reforms.” In addition, he says, “life as a Christian in Morocco remains underpriced. No church is officially recognized in Morocco, the Moroccan Penal Code criminalizes Christian proselytization, and a Christian woman can neither inherit her husband’s assets nor bequeath anything to her children.” Another criticism was the Declaration’s failure to include the International Covenant for Civil and Political Rights’ “robust protections for religious freedom and freedom of expression” and thereby “indicates a troubling unwillingness on the part of some of the Morocco Conference attendees to jettison legislation aimed at criminalizing insults to Islam.”

A lengthier negative review was published by Andrew Harrod, author of over 150 articles online and in print concerning various political, religious, and international relations topics. He said the Charter of Medina was “little more than a tribal alliance between the early Muslim community and Medina’s various Jewish tribes. . . [regulating] blood money payments” and having provisions against religious freedom. Harrod also asserted that Christians in Morocco “face harassment and imprisonment, often called a “second baptism” and that Moroccan law prohibits a Christian wife from inheriting from a Muslim husband and bequeathing to her Muslim children.” Criticism of some of the attendees at the conference was also voiced by Harrod.

Framework Speech by His Eminence Shiekh Abdallah Bin Bayyah

The negative comments by Sheikh Michael Mumisa prompted me to examine what he says is the original source document for the Declaration: (in English) the “Framework Speech” or “Abridgement of the Rights of Religious Minorities in Muslim Majority Communities: Its Legal Framework and a Call to Action” by Shiekh Abdallah Bin Bayyah, a Mauritanian professor of Islamic studies at the King Abdul Aziz University in Jeddah, Saudi Arabia and a specialist in all four traditional Sunni schools. This speech is available in 16 pages in English in the Booklet on the conference website.[3] Below is a photograph of Shiekh Bayyah. 

 

Perhaps there is more substance in the original Arabic version, but I failed to see in the English translation the basis for Mumisa’s opinions . For example, on pages 08 and 09 Shiekh Abdallah Bin Bayyah with references to passages in the Qur’an asserts the following as “Values of Islam in Dealing with Others:” kindness; honor; cooperation, solidarity and rectification; reconciliation; human fraternity and interaction; wisdom; commonweal; being just with others; mercy; and peace.

The Shiekh also relies on the Charter of Medina, which he says “is merciful to creation, reaffirms wisdom, calls for justice; or secures the commonweal for all—not just Muslims but for every citizen there, regardless of religion, or race.” Therefore, he continues, the Charter “is the foundation for an inclusive, multicultural, multi-religious society in which all individuals enjoy the same rights and shoulder the same responsibilities, which are outlined in a just constitution.” Now, he says, these values find expression in the U.N. Charter and its amendments, including “a declaration of human rights and international treaties,” which “are considered universally adopted by all nations.” (P. 11)

The conclusion of the Shiekh’s speech says the following:

  1. “Enough of bloodshed and fighting one another for survival, as that will lead only to annihilation; instead, let us all cooperate for survival.”
  2. “The accusation that Islam oppresses minorities has no basis in sacred law or in history.”
  3. “The actions of criminal groups . . . have stolen the name of Islam; . . . their real name should be ‘the terrorist organization.’”
  4. “The Eastern Christians exist to remain, and they were born to live.”
  5. “Academics and scholars of various faiths . . . [are] developing a historical charter that may serve as a basis for contemporary conceptualizations of citizenship.”
  6. “Constitutional citizenship . . . is . . . committed to a mutuality that ensures freedom and guarantees societal peace.”
  7. “[Let] peoples of all faiths . . . establish an alliance for peace—spiritual and psychological peace, the kind that inspires us to do good in the world. [As Hans Kung, the noted Christian theologian said], ‘There can be no peace in this world without peace among the religions.’
  8. “We want to improve the conditions of peoples everywhere.”
  9. “We want to end these killings and other attrocities. . . . ‘No!’ to terror and terrorism.”

Conclusion

 Others more knowledgeable about Islam need to sort through the above criticisms of the Declaration, but I find it a remarkable and praiseworthy statement that needs to be heard in the U.S. and around the world.

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[1] The Marrakesh Declaration: The Conference Aims (Jan, 25-27, 2016); The Marrakesh Declaration: About (Jan, 25-27, 2016); The Marrakesh Declaration: Organizers (Jan, 25-27, 2016); The Marrakesh Declaration: Executive Summary (in English) (Jan, 25-27, 2016); The Marrakesh Declaration, The Rights of Religious Minorities in Predominantly Muslim Majority Countries: Legal Framework and a Call to Action: Conference Aims (Jan. 25-27, 2016); The Marrakesh Declaration: The Rights of Religious Minorities in Predominantly Muslim Majority Countries: Legal Framework and a Call to Action (Jan. 25-27, 2016); Marrakesh Declaration, Wikipedia; Alami, Muslim Conference Calls for Protection of Religious Minorities, N.Y. Times (Feb. 3, 2016).

[2] OIC endorses Marrakesh Declaration, MarrakeshDeclaration.org (Apr. 15, 2016);  Hayward, Understanding and Extending the Marrakesh Declaration in Policy and Practice, U.S. Inst. Peace Special Report (Sept. 2016); Mumisa, The Problem with the Marrakesh Declaration, By Michael Mumisa (Shaykh), Muslimwise (May 9, 2016); Coakley, Cambridge scholar criticizes Marrakesh Declaration on Muslim treatment of religious minorities, AnglicanINK (May 11, 2016); Khan, The Marrakesh Declaration: Promise and Paralysis, Georgetown J. Int’l Affairs (Mar. 2, 2016); Szerman, The Marrakesh Declaration and a Critique of It, MEMRI (Feb. 23, 2016)  Harrod, Islamic Declaration Offers Slim Religious Freedom Hop, Juicy Ecumenism (Feb. 17, 2016).

[3] Bayyah, “Framework Speech” or “Abridgement of the Rights of Religious Minorities in Muslim Majority Communities: Its Legal Framework and a Call to Action”Marrakesh Declaration, Booklet (Jan. 25-27, 2016).

Morocco’s Multilateral and Bilateral Counterterrorism Efforts

In response to post-9/11 regional security risks Morocco has developed a “tripartite counterterrorism approach” that combines (1) hard security measures; (2) equitable and inclusive human development coupled with political reforms; and (3) religious moderation. This post will focus on Morocco’s important multilateral and bilateral efforts at counterterrorism; subsequent posts will concentrate on its efforts to promote religious moderation as an important part of these efforts.

Morocco is one of the 30 founding members of the Global Counterterrorism Forum, which in close partnership with the United Nations “serves as a mechanism for furthering the implementation of the universally-agreed UN Global Counter-Terrorism Strategy and, more broadly, complements and reinforces existing multilateral counterterrorism efforts, starting with those of the U.N. The GCTF also works extensively with non-GCTF members including states; international, regional and sub-regional bodies; and other stakeholders and experts.”

At the Forum’s 5th ministerial meeting Morocco played a leading role, and then U.S. Secretary of State John Kerry complimented Morocco on its leadership in developing “the first global set of good practices on stopping the flow of foreign terrorist fighters.”

Morocco co-chairs the Forum’s Foreign Terrorist Fighters (FTF) Working Group, which addresses the ongoing and salient challenges presented by the FTF phenomenon pursuant to The Hague-Marrakech Memorandum on Good Practices for a More Effective Response to the FTF Phenomenon.

Morocco also has been active in the U.N. Security Council’s Counter-Terrorism Committee, which was established by the Council after the 9/11 terrorist attacks in the U.S. and charged with monitoring states’ implementation of a number of measures intended to enhance their legal and institutional ability to counter terrorist activities at home, in their regions and around the world.

For example in September 2014 the Committee’s open briefing focused on countering incitement to commit terrorist acts motivated by extremism and intolerance with a major presentation by three Moroccan officials. The Committee’s Chair, H.E. Ambassador Raimonda Murmokaitë, Permanent Representative of Lithuania to the U.N. said the theme of this briefing grew out of the Committee’s 2013 visit to Morocco and its identification of its “national strategy to promote dialogue among civilizations as a good practice to be shared among other States.” (The Moroccan comments about management of religious affairs as part of its counter-terrorism strategy will be discussed in a subsequent post.)

Another multilateral counter-terrorism effort claiming Morocco’s attention is the U.S. Trans-Sahara Counterterrorism Partnership , which is a multi-year U.S. Government program aimed at defeating terrorist organizations in the Pan-Sahel and Maghreb northwestern regions of Africa by strengthening regional counterterrorism capabilities, enhancing and institutionalizing cooperation among the region’s security forces, promoting democratic governance, discrediting terrorist ideology, and reinforcing bilateral military ties with the U.S.

Yet another is Morocco’s joining 67 other states in the U.S. Global Coalition To Counter ISIS, which was formed in September 2014 “to degrading and ultimately defeating Daesh [ISIS]” by “tackling Daesh on all fronts, to dismantling its networks and countering its global ambitions, . . .tackling Daesh’s financing and economic infrastructure; preventing the flow of foreign terrorist fighters across borders; supporting stabilization and the restoration of essential public services to areas liberated from Daesh; and exposing Daesh’s delusional narrative including its claims to statehood, military success and the group’s false religious narrative.”

Bilaterally Morocco in 2014 announced it will provide military, operational, and intelligence support to the United Arab Emirates to assist in its fight against terrorism as part of a bilateral military cooperation agreement between the two countries focusing on operational military and intelligence aspects.

 

 

 

 

An Exciting Introduction to Morocco 

Last month my wife and I went on a wonderful two-week tour of Morocco with Overseas Adventure Travel. Here is the OAT map for the tour:

We were impressed by the country’s fascinating history and people, its beautiful architecture, cities and rugged Atlas Mountains, the immensity of the rolling Sahara Desert along its southern border and its current construction boom.

While there we also learned of Morocco’s recent re-establishment of its diplomatic relations with Cuba, a country about which I have written a lot, and of Morocco’s membership in the African Union, both related to Morocco’s lingering conflict over the Western Sahara, which was the subject of a recent U.N. Security Council resolution, all of which were discussed in recent posts.[1]

Also fascinating was the country’s religious profile. Its population of 33.7 million is 99% Sunni Muslim with 1% Shia Muslims, Christians, Jews and Bahias. In every town the mosques’ minarets were the instantaneously recognizable tallest structures.[2]

Our OAT tour guide told us that the current king, Mohammad VI, has been leading efforts to ensure that Muslims in Morocco are not encouraged to join extremists groups like ISIS or Al Qaeda. All imams have to complete an education course at the capitol at Rabat that is organized and administered by the government’s ministry of religious affairs (The Ministry of Endowments and Islamic Affairs of the Kingdom of Morocco) and that excludes the extremist ideologies promoted by ISIS and Al Qaeda.

We also were told that neither the government nor the Muslim leaders discriminate against Christians or Jews, and we visited a synagogue in Fez. On the other hand, we were told, the Christians and Jews are forbidden from preaching or proselytizing or evangelizing in public.

Previously I had learned that the five “pillars” of Islam are (1) shahada, declaring as a matter of faith and trust that there is only one God (Allah) and that Mohammad is God’s messenger; (2) salat, saying the Islamic prayer five times a day; (3) zakat, giving to the poor and needy; (4) slym, fasting during the month of Ramadan; and (5) haji, making a pilgrimage to the holy city of Mecca at least once in a lifetime.

Although in Morocco I only experienced hearing the call to prayer over a minaret’s loudspeaker, I came to see these pillars of faith as similar to various practices of Christian spirituality, as ways of reinforcing a believer’s connections with God (Allah), and as ways that help believers live in accordance with the will of God (Allah). These pillars and practices, in my opinion, also rest on the belief that no one is perfect, that all find it too easy to stray from the path of faithfulness and that all need reminders of God or Allah’s way.

I felt fortunate that my Minneapolis church (Westminster Presbyterian) has warm relations with a local mosque and that we have hosted at least two worship services including its leaders. [3]

After returning to the U.S., I conducted research and discovered more about the previously mentioned government ministry; Morocco’s positive relations with international anti-terrorism groups; the important Declaration of Marrakesh promoting respect for religious minorities in Muslim countries; the most current U.S. State Department’s assessment of Morocco’s religious freedom; and the nature of current U.S.-Morocco relations. These topics will be explored in subsequent posts.

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[1] Cuba and Morocco Re-Establish Diplomatic Relations, dwkcommentaries.com (May 7, 2017); U.N. Security Council Orders More Negotiations About the Western Sahara Conflict, dwkcommentaries.com (May 9, 2017).

[2] CIA World Factbook, Morocco.

[3] Interfaith Worship Service at Minneapolis’ Westminster Presbyterian Church, dwkcommentaries.com (Dec. 2, 2015); A Christian-Muslim Conversation About Forgiveness, dwkcommentaries.com (May 15, 2017).