Pandemic Journal (# 3): 1918 Flu 

The ongoing news of today’s coronavirus (COVID-19) pandemic makes frequent reference to the Spanish flu of 1918, about which I basically knew nothing even though I had seen many references to it and even though I was a history major at Grinnell College (1957-61). [1]

Only now, sketchy internet research tells me that this earlier pandemic is called the “Spanish flu” although it was thought to have originated in the soldiers’ trenches of World War I, virtually the only news of the disease came from Spain, which was not involved in the war. This pandemic started in early 1918 and ended in December 1920, infecting 500 million people around the world (or about one-third of the world’s then total population) and causing 17 to 50 million deaths. In the U.S. the statistics were 25.8  million cases and  675,000 deaths. Unlike typical flu viruses, this one especially affected healthy young adults; almost half of the all deaths were those 20-40 years old. [2]

In that time period, both of my parents lived in Iowa, which had an estimated total Spanish flu cases of 93,000 with 6,000 deaths. In the Fall of 1918 the Iowa Board of Health “quarantined” the entire state and ordered the closing of all “public gathering places.” [3]

At the time, my father, Ward Glenn Krohnke, lived in the small town of Perry in the central part of the state. When the U.S. entered World War I in April 1917, he was 16 years old in the junior year of high school.[4] Thus, In early 1918 he was 17 years old in his last year of high school, facing the prospect of joining the U.S. Army and being shipped to Europe to fight in World War I. That same year, after graduation, he did join the Army for training at Camp Dodge, Iowa (just north of Des Moines), where 10,000 men were treated for the flu with 700 of them dying.[5] The Armistice of November 11, 1918, however, led to his honorable discharge without going overseas.

I do not recall ever hearing that that he or his parents or brother contracted this version of the flu or that his father, Alvin J. Krohnke, who was a train dispatcher (or station agent) for the Milwaukee Railroad in Perry, had any financial difficulties caused by the flu.

In 1956 just before the start of my last year of high school, I was selected to go to Hawkeye Boys’ State, which was held at the old Camp Dodge, where we stayed in what must have been the old Army barracks.[6] I do not recall any mention being made at this gathering about its history during World War I or otherwise. Nor do I recall my Father on this occasion saying anything about his basic training there in 1918.

My mother, Marian Frances Brown at the time, in the larger southeastern Iowa town of Ottumwa in early 1918 would have been in the seventh grade. I never heard of her or any members of her family suffering from the Spanish flu, nor did I hear of any flu-related financial difficulties for her father (George Edwin Brown, who worked for the Chicago, Burlington & Quincy Railroad).

I deeply regret that now I can only speculate about my parents’ concerns and fears during the Spanish flu pandemic and about my father’s concerns and fears about joining the Army and going to Europe to fight in World War I.

I, therefore, urge younger people to figure out what major national and international events occurred in their parents’ lifetimes and engage them in conversation of how they were affected by these larger events. Similarly those of us who are older should talk or write about such experiences for our descendants.

=====================================

[1] This blogger has decided to periodically post his reactions to living through this pandemic. Here are the earlier such posts to dwkcommentareis.com: The Coronavirus (COVID-19) Pandemic: Kristof and Osterholm Analyses( Mar. 23, 2020); The Coronavirus (COVID-19) Pandemic: Westminster Presbyterian Church Service (03/22/20),( Mar. 24, 2020).

[2] Spanish flu, Wikipedia; Spanish flu, LiveScience (Mar. 12, 2020); Jester, Uyeki & Jernigan, Readiness for Responding to a Severe Pandemic 100 Years After 1918, Am. Journal of Epidemiology  (Aug. 9, 2018); The Deadly Virus: The Influenzas Epidemic of 1918, Nat’l Archives; Searcy, The Lessons of the Elections of 1918, N.Y. Times (Mar. 22, 2020).

[3] Iowa Dep’t Public Health, The 1918 Flu 100 Years Later (April 2018); Schmidt, Lessons for Iowa from the Spanish Flu pandemic of 1918, The Gazette (Mar. 17, 2020)

4] World War I, Wipipedia.

5] Camp Dodge, Wikipedia; Camp Dodge-Photograph Album-World War I Army Containment 1917 , Wikipedia.

[6]  Growing Up in a Small Iowa Town, dekcommentaries.com (Aug. 23, 2011);  American Legion (Dep’t of Iowa), Boys State of Iowa .

 

Request for U.S. Records in Salvadoran Trial Over 1981 El Mozote Massacre

On December 10-12,1981, during the Salvadoran Civil War, 978 men, women and children were massacred in the country’s northeastern village of El Mozote, the largest mass killing in Latin America’s modern history. Of those victims, 447 were age 12 and under while 4 were unborn infants in their mothers’ wombs.[1]

Eventually it had become clear that  “the Salvadoran military’s Atlacatl Battalion was responsible for the massacre. But details were vague. The commanders of the Battalion remained free. So do the former senior defense officials who allegedly issued orders to the battalion. In the 1990s, the country approved an amnesty that protected war criminals. That law was declared unconstitutional in 2016 by a Salvadoran court, thereby clearing the way for reopening a Salvadoran criminal trial over this massacre.

Early Stages of Salvadoran Trial Over the Massacre[2]

Since that year (2016) a Salvadoran court has been conducting a trial of 16 former Salvadoran military commanders, including a former minister of defense, over this massacre. They are charged with murder, torture, aggravated rape, forced disappearances, forced displacement, acts of terrorism, illegal detention, theft and damages. The evidence implicated the involvement of the Atlacatl Battalion, which had been U.S.-trained, in contradiction of the original Salvadoran and American accounts of the massacre.

U.S. Congressional Decision To Help Salvadoran Trial[3]

In 2019 in establishing the annual budget for international aid, the Congress directed the U.S. Government to cooperate with El Salvador’s investigation of the El Mozote massacre in the following language:

  • “The [House] Committee [on Appropriations] directs the Secretary of State to work with the relevant federal departments and agencies to, as appropriate, assist the judicial authorities of El Salvador in the investigation and prosecution of those responsible for the El Mozote massacre. [This includes] the identification of and provision of related documents, correspondence, reproductions of Salvadoran documents, and other similar materials from January 1981 to January 1983.”
  • The Senate version stated, “The Secretary of State… shall encourage the Salvadoran Armed Forces to cooperate with prosecutors and investigators, including providing access to archival documents.” The bill also included a mandate for the Department of State to update its report on the current status of the Salvadoran trial.

In response to the Senate’s direction, the State Department on February 5, 2020, sent a letter to the Vice Chairman of the Senate Committee, Senator Patrick Leahy, with a report on the Salvadoran government’s cooperation with the court’s investigation.[4]

Recent Developments in Salvadoran Case[5]

In January 2020, a retired Salvadoran air force general, Juan Rafael Bustillo, testified in the trial that that the Atlacatl Battalion had carried out the massacre, which was the first time a Salvadoran military official had admitted such responsibility. He said he had not taken part in this event, but that it had been conducted on orders by Colonel Domingo Monterrosa, the commander of that Battalion who died in a 1984 helicopter accident.

After that testimony, the Salvadoran judge, Jorge Guzman Urquilla, concluded that the court did not have an important set of evidence: “U.S. documents that might shed light on how the massacre was planned and executed.”

 Salvadoran Judge’s Letter to U.S.Government[6]

As a result, the judge on January 27, 2020, sent a letter to  U.S. Secretary of State Michael Pompeo with copies to Defense Secretary Mark Esper, the Director of the Defense Intelligence Agency (DIA) Robert P. Ashley, Jr. and CIA Director Gina Haspel. The judge’s letter requested “at minimum, any document in the possession of the Department of Defense, the Defense Intelligence Agency (DIA), the Central Intelligence Agency (CIA), and other defense or intelligence agencies” relating to the El Mazote massacre. The letter stated the following:

  • “I recognize and am thankful for Congress’ initiative in asking the State Department to look into information that the United States may have on this case. As a judge, I would hope that it would provide me with greater certainty and clarity on these heinous acts that are now part of our country’s history, something we are not proud of, but which the historical record will demand we adjudicate.”
  • “The El Mozote trial is nearing the end of its investigative phase and will soon move to sentencing. Though some expert military testimony is forthcoming, the main phases of the examination portion have been completed. Service members, including several soldiers and a general, have given their accounts of the relevant events, confirming that the massacre took place as well as the role played by various units of the [Salvadoran] Armed Forces. A lack of documents is the last big hurdle. Despite [Salvadoran] President Nayib Bukele’s assurances that he will collaborate, the [Salvadoran] Army has stuck to the position it’s taken since the investigation began in the 1990s: that no relevant documents exist.”
  • “Even if they no longer can be found in El Salvador, it’s still possible that there are copies or records of these files in the United States, a country that was closely involved with and aware of the [Salvadoran] Army’s operations in the 80s as part of its foreign policy agenda.” Though a good deal of documents were already declassified [by President Bill Clinton in 1983], the letter also asked for “any other document that was not declassified by President William Jefferson Clinton or subsequent presidents.”
  • The letter also asked for “any other document that was not declassified by President William Jefferson Clinton or subsequent presidents” and for files on “the operations of the Armed Forces of El Salvador in the Morazán area, including any information on military planning, operational planning, and war planning, and involving any of the military units that I have mentioned,” between 1981 and 1983.
  • The letter specifically solicited information on General José Guillermo García, General Rafael Flores Lima, and 14 others who were charged and remain alive; on Colonel Domingo Monterrosa, Mayor Armando Azmitia, and 14 others who were charged and are now dead; on the municipality of Arambala and the seven sites where the massacre took place; and on the four military units being held responsible: the Atlacatl Battalion, the Third Infantry Brigade of San Miguel, the Fourth Military Detachment in San Francisco Gotera, and the High Command of the Armed Forces.
  • The letter emphasized the need to “move forward with this case in an expeditious manner” and asks Pompeo for a response “within the period of time set forth by the law.”

A journalist for elfaro, a Salvadoran online newspaper, apparently added, “Among the [U.S.] files declassified in 1993, for example, are several diplomatic cables between San Salvador and Washington from January 1981, which make clear that then-U.S. Ambassador Deane Hinton was consistently transmitting details about the operation that would ultimately result in the massacre. ‘[I]t is not possible to prove or disprove excesses of violence against the civilian population of El Mozote. It is certain that the guerrilla forces…did nothing to remove them from the path of battle… Civilians did die during Operation Rescate, but no evidence could be found to confirm that government forces systematically massacred civilians in the operation zone, nor that the number of civilians killed even remotely approached the number being cited in other reports circulating internationally,’ read an initial cable from Hinton, from January 1981.”

The elfaro journalist also said, “Later, in another communication, [Hinton] . . .  offered a different account of what may have taken place: ‘The estimated population of El Mozote during the massacre was about 300 inhabitants. The Atlacatl Battalion conducted Operation Rescate from December 6 to 17 of 1981. The guerrilla knew of the operation since November 15. The civilians present during the operation and the battles with the guerrilla may have been killed.’” Following Clinton’s declassifications, several agencies have continued providing documents in response to petitions from human rights organizations.

Additional support for U.S. production of such documents comes from an analyst for the U.S. National Security Archive, Kate Doyle, who believes the U.S. has additional relevant documents about the Salvadoran civil war that could and should be declassified.[7]

U.S. Government’s Response to the Judge’s Letter

To date, Secretary Pompeo has not responded to the court’s letter; nor have the three others copied on that letter. The subject came up again at a March 11th Salvadoran court hearing in the case when the judge said, ““This information could be very valuable to us. It could clarify what happened.” A State Department spokesman, however, said, “We do not comment on the Secretary’s correspondence.”

Conclusion

 Given the congressional demand that the U.S. cooperate with the Salvadoran investigation of the El Mozote massacre and the U.S. support of human rights by its recent publication of the  latest annual report about human rights in every country in the world and Secretary Pompeo’s proud creation of the Commission on Unalienable Rights, there is no excuse for any further delay in providing an affirmative response to the Salvadoran judge’s letter and the requested documents.

This conclusion is buttressed by the following words in the March 11, 2020, State Department’s report about human rights in El Salvador:[8]

  • “In February [2019], in a renewed effort to shield the perpetrators of war crimes and human rights abuses committed during the country’s 1980-92 civil war, a group of influential legislators proposed a draft national reconciliation law. Despite Constitutional Court rulings in 2016 and 2018 that expressly prohibited a broad and unconditional amnesty, the proposed bill would have granted amnesty to several high-level officials who enjoyed immunity from prosecution due to their positions in the recent administration of President Salvador Sanchez Ceren. Victims’ rights groups, other civil society actors, and the international community successfully campaigned against the proposed bill, and President-elect Bukele stated his strong opposition to an amnesty bill and expressed his support for additional consultation with victims. On May 29, [2019] the Inter-American Court of Human Rights ordered the government to immediately suspend consideration of the proposed law. The proposed bill eventually lost support among legislators and failed to reach a floor vote.” (Section 2.E)
  • “Despite a June 2018 Constitutional Court order directing it to release military records related to the El Mozote killings and serious civil war crimes, the Ministry of Defense had not produced the requested documentation as of November 12 [2019]. On November 1, President Bukele stated that he was committed to the truth and that he would release the records. Previously, the Ministry of Defense claimed the El Mozote archive records were destroyed in an accidental warehouse fire. Civil society and victims’ groups continued to press for release of these archives.” (Section 2.E)
  • “On April 23, [2019] the judge in the El Mozote prosecution issued an order adding three new charges against the 16 remaining defendants: Torture, forced disappearance, and forced displacement. He also imposed several provisional measures on the defendants, including a prohibition on leaving the country or contacting victims, and a requirement that the defendants physically appear in court biweekly. The defendants appealed these rulings, which were affirmed by an intermediate appellate court. On February 14, [2019] the Legislative Assembly approved a transitory law establishing mechanisms designed to allow family members to be added to the El Mozote victims’ registry.” (Section 2.E)

=================================

[1] See generally list of posts in the “El Mozote Massacre” section of List of Posts to dwkcommentaries—Topical: EL SALVADORThe massacre of children and others at El Mozote, El Salvador Perspectives (Dec. 10, 2017); Posts about El Mozote. El Salvador Perspectives.

[2] Zabiah, El Mozote judge asks the United States for confidential documents on the massacre, elfaro (Mar. 5, 2020) (Zabiah #1).

[3] Zabiah # 1, supra; H. Rep., 116th Congress, 1st Sess., Rep. 116-78, State, Foreign Operations, and Related Programs Appropriations Bill, 2020 (May 20, 2019); H. Rep., Appropriations Committee Releases Fiscal Year 2020 State and Foreign Operations Funding Bill (May 5, 2019); H. Rep. Comm. on Appropriations. Public Witness Hearing: State, Foreign Operations, and Related Programs (Mar. 12, 2019).

[4] Letter, State Dep’t to Senator Leahy (enclosing three-page report) (Feb. 5, 2020)(hyperlinked to Zabiah #1, supra).

[5] Zabiah #1, supra; Zabiah, General Bustillo breaks the officers’ script and admits that ‘rudeness’ occurred in El Mozote, elfaro (Jan. 26, 2020); Schwartz, What the El Mozote Massacre Can Teach Us About Trump’s War on the Press, The Intercept (Jan. 28, 2020); El Salvador general admits army carried out El Mozote massacre, Aljazeera (Jan. 25, 2020); Pierce, It’s a Bull Market for Bashing the Press. Under Conservative Governments, It Often Has Been, Esquire (Jan.27, 2020); Renteria, Salvadoran general admits army carried out infamous 1981 massacre, Reuters (Jan. 24, 2020).

[6] Zabiah #1 , supra.

[7] Alvarado, “The attorney general can ask the United States for information about El Mazote,” elfaro (Mar. 23, 2018).

[8] State Dep’t, 2019 Country Reports on Human Rights Practices: El Salvador (Mar. 11, 2020).

Two Other Minnesota Cities Celebrate Diversity

Previous posts have discussed the positive impacts of immigrants on the southwestern Minnesota city of Worthington (Micropolitan Pop. 20,500 (2018)).  Now two other Minnesota outstate cities (southeastern Austin and northwestern Roseau) have joined the chorus.

Austin, Minnesota[1]

The city of Austin, population 25,190 (2018 est.) is the county seat of southeastern Mower County bordering Iowa to the south. It is the corporate headquarters of Hormel Foods Corp., a Fortune 500 company that grew out of the town’s small late 19th century butcher shop owned by George A. Hormel. In early January this year the county board gave its unanimous consent to resettlement of refugees.

“From 1% minority population in 1980 to 31% today, . . . [Austin’s] transformation has been profound. Immigrants from six continents call Austin home. Schools count more minority students than white students, with 48 different languages being spoken in classrooms. A medley of ethnic dining options and food markets surround the Spam Museum along Main Street downtown.”

The city’s high school basketball team, the Packers, has helped draw this diverse community together. For example, the winning last-second basket in a recent game was scored by Agwa Nywesh, an Ethiopian-American born in Austin.  “Hundreds of students storm the court and took “turns hugging him. White kids, and African kids, and Asian kids, and Hispanic kids. Rich kids, poor kids. All celebrating. The big victories, they bring people together.”

The high school’s soccer program is also successful, becoming a state-tournament regular. “Hold up a mirror to this team and Austin’s diversity stares back. The roster includes a mix of white, Hispanic, Karenni and African players, and one teammate from Poland.”

In its “swelling school district, 37% of students speak a primary language other than English, double the statewide average. One in 12 children here was born outside of the United States, and many more were raised speaking their parents’ native language.” In response , “cultural liaisons were hired to be ‘success coaches’ for students of different ethnic communities. Santino Deng, the success coach for the African community, describes his job as ‘like 9-1-1.’”

Adjusting to these changes was not easy. According to the city’s mayor, Tom Stiehm, at first “you have that big blank space in your head and we just have a tendency to fill it with negative things. Once I got to learn the community and learn the people,” he changed. “It’s the wave of the future. You can either ride that wave or you can drown. I tell people, it doesn’t matter what you like. This is going to happen, and you better acclimate yourself to it.”

“A Welcome Center opened on Main Street, and Taste of the Nations events offered foods from different cultures, including hot dish from the ladies at the Lutheran church. The Hormel Foundation, which pours more than $9 million annually into Mower County with many initiatives, partnered with the YMCA to create a kid-friendly membership: $1 per year, per kid. One night, more than 700 kids — many of them Sudanese — checked into the Y within a four-hour period.”

“City leaders have begun including new voices in high-profile settings. The City Council established a rotating, honorary seat that goes to a leader from an immigrant community. That person doesn’t vote but serves for three months sitting alongside the city attorney and police chief at meetings.”

“Over time, immigrant families found their footing, becoming permanent citizens, taxpayers, homeowners, neighbors. Their kids filled schools, and immigrants opened businesses downtown.”

All of this prompted the state’s main newspaper, the StarTribune, to salute Austin in an editorial. “At a time when so much public discussion about immigrants and immigration is negative — with overblown, fear-inducing narratives about criminal activity, building walls and keeping people out — a Minnesota town is demonstrating how new Americans can strengthen a community.”

 Roseau, Minnesota[2]

The city of Roseau, population 2,660 (2018 est.), is the county seat of Roseau County bordering Canada. A predecessor of Polaris Industries started its history there in 1954 with a prototype of a snowmobile, and the town still has the company’s main manufacturing plant for snowmobiles, all-terrain-vehicles (“ATVs”) and other products along with the company’s R&D.

Roseau, however, has an aging, declining population like most other small communities in the state and as a result has a major challenge in meeting Polaris’ demand for workers. Steve Hine, a research economist for the Minnesota Department of Employment and Economic Development, said,  “There aren’t enough young people being born in Roseau County and staying in Roseau County to meet the needs of an expanding company like Polaris.”

A year ago Polaris hired a Puerto Rican recruiting firm to find a partial solution for a plant that consistently has about 70 job openings — and could add 70 more jobs if it could find the workers. In so doing, the company recognized that Puerto Rico might be a ready source of workers as it was suffering from hurricanes and more recently earthquakes and as its residents were U.S. citizens.

This recruiting effort has been successful. “On a recent weeknight, some 150 people crowded into Polaris’ fancy new lobby to celebrate the newcomers. A Puerto Rican made 80 pounds of pork butt. The manager of Roseau’s town ball team recruited Puerto Rican ballplayers. One Puerto Rican couple danced merengue. It was the biggest turnout Roseau’s Civic and Commerce Association has ever had.”

One of the newcomers, Ricardo Rojas, had been “a successful network systems engineer for a health insurer in San Juan, Puerto Rico, the mortgage on his $345,000 house was paid off, and his daughter was attending private school. Then he got laid off, . . . [and he] struggled to find steady work. . . . [His] home value plummeted. Jobs became even more scarce.” Now the job at Polaris “was a lifeline: double the pay of a manufacturing job back home, with full benefits, plus a better education for his 14-year-old daughter, who wants to be a doctor.”

Another Puerto Rican newcomer, Edwin Colón Pérez, “had worked at a medical manufacturing company in Puerto Rico, where he made $10.81 an hour. But production plummeted after the hurricane. Colleagues were laid off. Pérez has two children, 5 and 10, so he jumped at the opportunity to work 12-hour night shifts on Polaris’ manufacturing line, where he bends pipes in tube fabrication. He was excited to live in a place the high school principal describes as ‘Mayberry in the ’60s.’”

More generally, the Puerto Ricans “have filled the town’s housing — in apartments, in rental houses, in converted church basements — and brought diversity to this generations-long Scandinavian outpost.” They also “work at the AmericInn and at the bakery at Super One Foods. One Polaris employee hopes to open a restaurant featuring island specialties like mofongo and alcapurria. The wife of another hopes to start a school dance team. They worship at churches and drink beers at Legends Sports Pub and Grill. At a high school lip-sync competition, a new student rapped in Spanish a song he’d written. The 500 students erupted in applause.”

Rev. Steve Hoffer, pastor at Roseau Evangelical Covenant Church, welcomes the Puerto Ricans to the town. Along with six other churches, his church collected donated furniture and bedding, winter coats and used cars for the newcomers and bought plane tickets for families while Polaris paid for travel and temporary lodging for each worker. Said Pastor Hoffer,  “This is a win-win-win for everyone. This is a win for Polaris because companies up here in the northwest corner of Minnesota have a hard time finding employees. It’s a win for our community because it helps broaden the overall perspective of our town. There’s a world of people out there with very different experiences than people who have been here their entire lives. And it’s a win for the folks who are moving here, because this is an economic opportunity they simply didn’t have in Puerto Rico.”

Comments

These two towns remind one of Minnesota Governor Tim Walz’s recent consent to resettlement of refugees. In his letter to Secretary of State Michael Pompeo, the Governor said, “Minnesota has a strong moral tradition of welcoming those who seek refuge. Our state has always stepped forward to help those who are fleeing desperate situations and need a safe place to call home.” Moreover, he said, “Refugees strengthen our communities. Bringing new cultures and fresh perspectives, they contribute to the social fabric of our state. Opening businesses and supporting existing ones, they are critical to the success of our economy. Refugees are doctors and bus drivers. They are entrepreneurs and police officers. They are students and teachers. They are our neighbors.” (Emphasis in original.)[3]

===================================

[1] Austin, Minnesota, Wikipedia; Mower County, Minnesota, Wikipedia; Mower County Online; Hormel Foods Corp.;Minnesota Counties’ Actions on Refugee Resettlement, dwkcommentaries.com (Jan. 15, 2020); Scoggins, Austin’s True Colors, StarTribune (Feb. 23, 2020); Editorial, A salute to Austin—a welcoming Minnesota town, StarTribune (Mar. 2, 2020).

[2] Forgrave, Puerto Rican connection brings workers, diversity to Roseau, StarTribune (Mar. 7, 2020); Flores, Photography: Puerto Rican families make their home in Roseau, StarTribune (Mar. 8, 2020); Roseau, Minnesota, Wikipedia; Roseau County, Minnesota, Wikipedia; Roseau County, Welcome; Polaris Inc., Wikipedia; Polaris Industries, Inc.

[3]  Minnesota and Minneapolis Say “Yes” to Refugees, dwkcommentaries.com (Dec. 14, 2019).

 

Bernie Sanders’ Early 2014 Cuban Prison Meeting with U.S. Prisoner 

Presidential candidate Bernie Sanders’ recent comments about Cuba and Fidel Castro resulted in journalists’ rediscovery of a meeting Sanders and two other U.S. Senators (Heidi Heitkamp (Dem., ND) and Jon Tester (Dem., MT)) had in February 2014 with Alan Gross, a U.S. citizen then in a Cuban prison.[1]

Gross in 2009 had been arrested in Cuba for bringing communications equipment to Jewish synagogues on the island under a subcontract with the U.S. Agency for International Development (USAID). Gross then was tried and convicted for violating Cuban laws and sentenced to 15 years in prison, and in 2014 as a result of his poor health, the U.S. was seeking his release from the Cuban prison. On December 17, 2014, as part of the U.S.-Cuba agreement to  embark on normalization of relations, Gross was released from the Cuban prison in exchange for the U.S. release of three Cubans from U.S. prison.[2]

In a March 2020 interview by National Public Radio (NPR), Gross recalled the hour-long prison meeting in February 2014 with the three senators and his pleasant conversation with Heitkamp and Tester while Sanders was silent until the end. Then Sanders said he did not see what was wrong with Cuba.

At the time Gross had lost a lot of weight and teeth as a result of mistreatment, and he told NPR that he was offended by Sanders’ comment. “I just think, you know, it was a stupid thing for him to do. First, how could he not have seen the incredible deterioration of what was once the grandeur of the pre-Castro era. And two, how could he be so insensitive to make that remark to a political hostage — me!”

Gross added in the interview, this Sanders’ comment is “relevant now. The guy’s  running for president of the United States. And for him to make those statements [in 2014] demonstrating  a basic lack of a grasp on reality is problematic for me. I don’t want to see this guy in the White House.”

================================

[1] Mak, Former Prisoner Recalls Sanders Saying, ‘I Don’t Know What’s So Wrong with Cuba, NPR (Mar. 4, 2020); ’I don’t know what’s so bad about this country’: Bernie Sanders told a Alan Gross prisoner in Cuba, Diario de Cuba (Mar. 5, 2020); Edwards, Cuba: Sanders Meets with Imprisoned American, http://www.sanders.senate.gov (Feb. 11, 2014).

[2] Davis, Alan Gross Gains the Freedom From  Cuba He Thought Would Never Come, N.Y. Times (Dec. 17, 2014); The American Prisoner Alan Gross and Cuban-American Relations, N.Y. Times (Dec. 17, 2014). See also these posts of dwkcommentaries.com: U.S. and Cuba Embark on Reconciliation (Dec. 21, 2014); President Obama’s Strategic Timing of Announcement of U.S.-Cuba Reconciliation (Dec. 26, 2014); U.S. Imprisonment of “The Cuban Five” and Their Recent Releases from U.S. Prison (Dec. 31, 2014).

 

Professor Orlando Patterson’s Discussion of Affirmative Action

On November 1, 2019, Orlando Patterson, the John Cowles Professor of Sociology at Harvard University, made a presentation about human rights and freedom at a meeting of the U.S. Commission on Unalienable Rights.{1]

Now he has set forth views on the related subject of affirmative action in a New York Times review of a book on that subject—The Affirmative Action Puzzle: A Living History From Reconstruction to Today by Malvin L. Urofsky.[2]

Patterson’s prelude to this review says, “For two and a half centuries America enslaved its black population, whose labor was a critical source of the country’s capitalist modernization and prosperity. Upon the abolition of legal, interpersonal slavery, the exploitation and degradation of blacks continued in the neo-slavery system of Jim Crow, a domestic terrorist regime fully sanctioned by the state and courts of the nation, and including Nazi-like instruments of ritualized human slaughter. Black harms and losses accrued to all whites, both to those directly exploiting them, and indirectly to all enjoying the enhanced prosperity their social exclusion and depressed earnings made possible.” These long years, he suggests, were a period of white-affirmative action. (Emphasis added.)

Patterson then says, “white affirmative action was first developed on a large scale in the New Deal welfare and social programs, and later in the huge state subsidization of suburban housing — a major source of present white wealth — blacks . . . were systematically excluded, to the benefit of the millions of whites whose entitlements would have been less, or whose housing slots would have been given to blacks in any fairly administered system. In this unrelenting history of deprivation, not even the comforting cultural productions of black artists were spared: From Thomas “Daddy” Rice in the early 19th century right down to Elvis Presley, everything of value and beauty that blacks created was promptly appropriated, repackaged and sold to white audiences for the exclusive economic benefit and prestige of white performers, who often added to the injury of cultural confiscation the insult of blackface mockery.” (Italic emphasis in original; bold emphases added.)

Subsequently the nonwhite version of affirmative action, Patterson continues, was begun by “the American state and corporate system” in the middle of the last century to tackle “this inherited patterns racial injustice , and its persisting inequities.” A comprehensive account of this “nonwhite version” is provided in the Urofsky book except for his failure to include the U.S. military, which has the best record of nonwhite racial integration and achievement. Urofsky distinguishes between “soft affirmative action. . . aimed at removing barriers only,” which he favors, and hard affirmative action, which attempts positive actions to make observable betterment of the excluded group” and which he does not favor even though it admittedly does not work. As President Lyndon Johnson said in a 1965 commencement address at Howard University, “It is not enough just to open the gates of opportunity. All our citizens must have the ability to walk through those gates.” [3] (Emphases added.)

According to Patterson, Urofsky also points out the success of President Nixon’s Machiavellian “Philadelphia Plan,” which had minority business set-asides and insistence on craft unions acceptance of blacks and which resulted in “major improvements for blacks at all levels of the economy, to the applause of nearly every black leader.” But this Nixon program also was an important part of his Southern strategy “to shatter the bond between white working-class union members and the Democratic Party” and to create a new bond between those workers and the Republican Party.

In conclusion, Patterson says this nonwhite affirmative action “is now an integral part of the moral, cultural, military, political and economic fabric of the nation. Its businesses, educational system and political directorate have largely embraced it and the . . . [Supreme Court] undoes it at the cost of its own legitimacy.” This is so even though it is questionable whether this nonwhite affirmative action “could have solved all or even most of the problems of blacks, women and other disadvantaged groups. That surely must await more fundamental structural and political changes that might address America’s chronic postindustrial inequality and labor precariousness.” 

Conclusion

Characterizing the many decades of slavery and Jim Crow measures as “white affirmative action” was a new labeling for this blogger, but it makes sense. It also provides another justification for the more recent era of nonwhite affirmative action.

This blogger also was not familiar with Presdient Johnson’s commencement address at Howard University, which will be discussed in a subsequent post.

============================

[1] U.S. Commission on Unalienable Rights Meeting, November 1, 2019), dwkcommentaries.com (Feb. 20, 2020); Reactions to U.S. Commission on Unalienable Rights Meeting, November 1, 2019, dwkcommentaries.com (Feb. 21, 2020) 

[2] Patterson, Affirmative Action: The Uniquely American Experiment, N.Y. Times Book Review (Feb. 23, 2020) 

U.S. Commission on Unalienable Rights Responds to Criticisms

On September 15, 2019, Dr. Peter Berkowitz, the Executive Director of the State Department’s Commission on Unalienable Rights, published responses to criticisms that have been leveled against the Commission.[1] Here are those responses followed by this blogger’s reactions to same.                                    

Dr. Berkowtiz’s Responses to Criticisms

“The announcement of the . . . [Commission’s} existence and mandate immediately triggered a barrage of skepticism, indignation, and anger. The misunderstandings that the criticisms embody underscore the urgency of the commission’s work.”

Characterization of the Criticisms

“The very idea of human rights has come under fire from the left and the right for its supposedly sham universality. Hard-core progressives contend that human rights are nothing more than a vehicle for advancing Western imperialism and colonialism. Single-minded conservatives maintain that the essential function of human rights is to erode national sovereignty and promulgate progressive political goals around the world.”

“More measured and compelling objections focus on the excesses to which the human rights project has been exposed. The proliferation of rights claims has obscured the distinction between fundamental rights that are universally applicable and partisan preferences that are properly left to diplomacy and political give-and-take. International institutions charged with monitoring and safeguarding human rights sometimes include in their membership countries that flagrantly violate human rights and which wield international law as a weapon to undermine them. The growth of international institutions, courts, and NGOs dedicated to human rights has created a cadre of bureaucrats, judges, scholars, and activists. Many of these experts and advocates are dedicated to the cause of human rights and serve with distinction, but all face the temptation — typical of any professional community — of succumbing to special interests and self-serving agendas. And an overemphasis on universal rights can distract from other essentials of political life, including the discharge of responsibilities, the cultivation of virtues, and the caring for community.”

U.S. Role in Evaluating These Criticisms

“It’s especially important for the United States to respond thoughtfully to the confusion and controversy swirling around human rights because of our country’s founding convictions. The Declaration of Independence affirms “certain unalienable Rights” — these include “Life, Liberty, and the pursuit of Happiness” — that inhere in all human beings. The Constitution establishes the institutional framework that enables Americans to secure these fundamental rights through democratic self-government.” (Emphasis added.)

Moreover, as a driving force behind the Universal Declaration of Human Rights — adopted by the U.N. General Assembly in December 1948 — the United States reaffirmed the nation’s founding conviction that all human beings deserve the rights and liberties secured by its Constitution. At the same time, the Constitution leaves to the American people and their elected representatives the discretion to determine the role in the country’s foreign policy played by the universal rights that Americans and non-Americans share.” (Emphasis added.)

Evaluation of Criticisms

Yet an array of scholars, pundits, former political officials, and organizations are up in arms about the commission. Their critiques are illuminating, though not entirely as they intended.”

First, critics charge that the Trump administration’s record advancing human rights renders it unfit to establish a commission to provide advice on human rights. Set aside that the administration has engaged Kim Jong-un in pursuit of peaceful dismantlement of North Korea’s nuclear program; imposed tough sanctions on Vladimir Putin’s belligerent Russia; supported a democratic transition in Venezuela; opposed Iran’s quest to impose a brutal hegemony throughout the Middle East; and convened in Bahrain an international forum attended by Saudi Arabia and the United Arab Emirates, among others, to discuss the economic reconstruction of the West Bank and Gaza and peace between Israel and the Palestinians. Isn’t the State Department’s determination to improve understanding of the connections between America’s founding principles and the administration’s foreign policy a sign of the enduring significance it attaches to human rights?”

Second, critics detect a sinister ambition in Secretary Pompeo’s “distinction between unalienable rights and ad hoc rights granted by governments.” They worry that authoritarian countries around the world will conclude that the guiding purpose of the Commission on Unalienable Rights is to redefine human rights narrowly. But the American constitutional tradition turns on the difference between universal rights that are essential and unchanging and the contingent rights created by the consent of the governed that serve as a means to protecting citizens’ fundamental freedoms, and which are bound to vary from country to country.” (Emphasis added.)

Third, critics express dismay that the commission was charged with examining the reasoning by which claims about human rights are assessed, because they believe that the debate about the foundations and the meaning of human rights has all but ended. It has been asserted, for example, that codification of human rights by widely ratified international treaties (in many cases, though, not ratified by the United States) renders the commission’s work superfluous. This contention illustrates problems that gave rise to the panel. Contrary to the critics’ belief, a right does not become inalienable simply because an international treaty says so. And the refusal of the United States to ratify many such treaties demonstrates the persistence of questions about what counts as a human right and about the status of such rights in international law.” (Emphasis added.)

Fourth, critics have warned that the commission intends to strip members of various groups and communities of their rights. In fact, the commission proceeds from the premise that all persons — regardless of faith, nationality, race, class, and gender — share essential rights grounded in our common humanity.” (Emphasis added.)

Fifth, critics accuse the commission of lacking intellectual and political diversity. In fact, the political diversity and variety of intellectual perspectives represented compares quite favorably with the uniform political and intellectual outlook that informs so many of those who have condemned the commission.

“In one respect, the quick-out-of-the-gate criticisms of the State Department’s Commission on Unalienable Rights have been highly constructive. By throwing into sharp relief the passion and perplexity that surround the discussion of human rights, the critics themselves unwittingly make the case for sober and deliberate reflection about the roots of human rights in the American constitutional tradition, and their reach in the conduct of America’s foreign affairs. That is precisely the task that Secretary Pompeo has directed the Commission on Unalienable Right to undertake, and which its members have proudly embraced.” (Emphasis added.)

This Blogger’s Reactions

Some of the highlighted portions of Berkowitz’s comments correctly observe that some of the criticisms expressed concern that the Commission was designed to reduce the scope of international human rights in accord with the political views of the Trump Administration, but Berkowitz fails to acknowledge statements by Secretary Pompeo that prompted these criticisms.

Berkowitz also acknowledges, as he should, that the U.S. “Constitution establishes the institutional framework that enables Americans to secure these fundamental rights through democratic self-government.” But he fails to note that the U.S. Declaration of Independence itself states, ““to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed” immediately following its proclamation, “We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these, are life, liberty, and the pursuit of happiness.” (Emphasis added.)

In other words, the U.S. Declaration itself implicitly recognizes that it does not secure the rights it proclaims because it does not create binding legal obligations. Instead the Declaration contemplates that the not yet established U.S. government subsequently will enact statutes that protect the unalienable rights, only three of which are specifically mentioned in the Declaration while alluding to a larger category of unalienable rights. These subsequent statutes are not “ad hoc” and lesser rights as Secretary Pompeo likes to say. [2]

Similarly the U.N. Universal Declaration of Human Rights (UDHR) from 1948, which the Commission, in other contexts, properly mentions in the same breath as the U.S. Declaration of Independence, does not create any binding legal obligations. Instead, the UDHR says, “every individual and every organ of society , keeping this Declaration constantly in mind, shall strive . . . by progressive measures, national and international, to secure [these rights and freedoms] universal and effective recognition and observance.” In other words, the UDHR itself contemplated that there should be additional measures, including national legislation and international treaties, to secure the rights and freedoms articulated in the UDHR. Again, these are not “ad hoc” and lesser rights.(Emphasis added.)

In addition, the Commission’s Chair Mary Ann Glendon, the author of a leading book about the creation of the UDHR, has said that one of the principles of the UDHR’s framers was “flexible universalism.” The UDHR framers “understood that there would always be different ways of applying human rights to different social and political contexts, and that each country’s circumstances would affect how it would fulfill its requirements.” For example, . . . [UDHR’s] Article 22 provides: ‘Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.’ (Emphasis added.) Another example is Article 14, which states, ‘Everyone has the right to seek and to enjoy in other countries asylum from persecution,’ but is silent on how that right should be protected. [3]

“Flexible universalism” also exists in human rights treaties that allow for their ratification by nation states with reservations for at least some of the treaty’s provisions. And, of course, a state may chose not to ratify a treaty and thereby not be bound by any of its provisions. Moreover, there are mechanisms for other states and international agencies to address these reservations and non-ratifications. For example, in the U.H. Human Rights Council’s Universal Periodic Review process, the Council and other states may, and do, make recommendations for states to withdraw reservations or ratify certain treaties. But these are only recommendations.[4]

================================

[1] Berkowitz, Criticisms Illustrate Need for State Dept. Human Rights Panel (Sept. 15, 2019). Dr. Berkowitz also serves this year on the Department’s Policy Planning Staff while on leave as Ted and Dianne Taube Senior Fellow at the Hoover Institution, Stanford University. He is the author of books and articles about constitutional government, conservatism, liberalism and progressivism, liberal education and Israel and the Middle East. He holds degrees from Swarthmore College (B.A.), Hebrew University of Jerusalem (M.A.), and Yale University (PhD and JD). (Com’n Unalienable Rights, Member Bios.) 

[2] E.g., Another Speech About Unalienable Rights by Secretary of State Michael Pompeo, dwkcommentareies.com (Sept. 7, 2019); Criticism of the U.S. Commission on Unalienable Rights, dwkcommentaries.com (July 20, 2019).

[3] Human Rights Commentaries by Mary Ann Glendon, Chair of the Commission on Unalienable Rights, dwkcommentaries.com (Nov. 2, 2019). 

[4] E.g., U.N.’s Human Rights Council’s Final Consideration of Cameroon’s Universal Periodic Review, dwkcommentaries/com (Sept. 20, 2018); U.S. Ratification of the International Covenant on Civil and Political Rights, dwkcommentareis.com. (Feb. 5, 2013) (U.S. ratification had five reservations, understandings, four declarations and a proviso).