Another U.N. Condemnation of the U.S. Embargo of Cuba

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U.N. General Assembly
U.N. General Assembly

On October 26, the United Nations General Assembly voted, 191 to 0 (with two abstentions), to adopt a resolution proposed by Cuba to condemn the United States embargo of Cuba. For the first time in the 25-year history of the annual vote on such resolutions, the U.S, rather than opposing the text, cast an abstention, prompting Israel to do likewise.[1]

This post will examine the resolution’s text, its presentation by Cuba, its support by other countries and the arguments for abstention offered by the U.S. and Israel. This post will then conclude with a brief discussion of reaction to the abstention in the U.S. Prior posts discussed the similar General Assembly resolutions against the embargo that were adopted in 2011, 2014 and 2015.

The Actual Resolution

The actual resolution, “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba” (A/RES/71/5 and A/71/L.3) had two principal operative paragraphs.

It reiterated “its call upon all States to refrain from promulgating and applying laws and measures [like the U.S. embargo against Cuba] . . . in conformity with their obligations under the Charter of the United Nations and international law, which, inter alia, reaffirm the freedom of trade and navigation (¶ 2). It also urged “States that have and continue to apply such laws and measures to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime (¶ 3).

The resolution’s preamble reaffirmed “the sovereign equality of States, non-intervention and non-interference in their internal affairs and freedom of international trade and navigation, which are also enshrined in many international legal instruments” and recited the previous General Assembly resolutions against the embargo. It then welcomed “the progress in the relations between the Governments of Cuba and the [U.S.] and, in that context, the visit of the President of the [U.S.], Barack Obama, to Cuba in March 2016” while also recognizing “the reiterated will of the President of the [U.S.] to work for the elimination of the economic, commercial and financial embargo against Cuba” and “the steps taken by the [U.S.] Administration towards modifying some aspects of the implementation of the embargo, which, although positive, are still limited in scope.”

Cuba’s Presentation of the Resolution

Bruno Rodriguez
Bruno Rodriguez

Speaking last in the debate, Cuba’s Foreign Minister Bruno Rodriguez Parrilla, presented arguments for adopting the resolution. Here are extracts of that speech:

“[T]here has been progress [between Cuba and the U.S. since December 2014] in the dialogue and cooperation on issues of common interest and a dozen agreements were signed [and] reciprocal benefits reported. Now just announced the vote of the US abstention on this draft resolution.”

“The [U.S.] president and other top officials have described [the embargo/blockade] as obsolete, useless to advance American’s interests, meaningless, unworkable, being a burden for [U.S.] citizens, . . . [harming] the Cuban people and [causing]. . . isolation to the [U.S.] and [have] called [for the embargo/blockade] to be lifted.”

“We recognize that executive measures [to reduce the scope of the embargo] adopted by the government of the [U.S.] are positive steps, but [have] very limited effect and scope. However, most of the executive regulations and laws establishing the blockade remain in force and are applied rigorously to this minute by U.S. government agencies.”

“Meanwhile, the U.S. Congress has not approved any of the 20 amendments or legislative initiatives, with bipartisan support, . . . [for] eliminating some restrictions of the blockade or even all of this policy. [Moreover,] there have been more than 50 legislative initiatives that threaten to reinforce key aspects of the blockade, preventing the President [from] approving new executive or implementing measures already adopted.”

“It cannot be underestimated in any way the powerful political and ethical message that [action by this Assembly] . . . sends to the peoples of the world. The truth always [finds] its way. Ends of justice prevail. The abstention vote announced surely is a positive step in the future of improved relations between the[U.S.] and Cuba. I appreciate the words and the efforts of Ambassador Samantha Power.”

“[There] are incalculable human damages caused by the blockade. [There is no] Cuban family or industry in the country that does not suffer its effects on health, education, food, services, prices of goods, wages and pensions.” For example, the “imposition of discriminatory and onerous conditions attached to the deterrent effects of the blockade restrict food purchases and the acquisition in the U.S. market for drugs, reagents, spare parts for medical equipment and instruments and others.”

“The [embargo/] blockade also [adversely] affects the interests of American citizens themselves, who could benefit from various services in Cuba, including health [services].”

“The [embargo/] blockade remains a massive, flagrant and systematic violation of human rights of all Cubans and qualifies as an act of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide of 1948. It is an obstacle to cooperation [in] international humanitarian areas.”

“The blockade is the main obstacle to economic and social development of our people. It constitutes a flagrant violation to international law, the United Nations Charter and the Proclamation of Latin America and the Caribbean as a Zone of Peace. Its extraterritorial application adds further to its violation of international law nature of magnitude.”

“Other causes, in addition to [the blockade/embargo] . . . , determine our economic difficulties: the unjust international economic order; the global crisis; the historical distortions and structural weaknesses caused by underdevelopment; high dependence on energy and food imports; the effects of climate change and natural disasters; and also . . . our own mistakes.”

“Between April 2015 and March 2016, the direct economic damage to Cuba by the blockade amounted to $4.68 billion at current prices, calculated rigorously and prudently and conservatively. The damages accumulated over nearly six decades reach the figure of $753 billion, taking into account depreciation of gold. At current prices, [that is] equivalent to just over $125 billion.”

“On 16 April 2016 President Raul Castro Ruz said, ‘We are willing to develop a respectful dialogue and build a new relationship with the [U.S.], as that has never existed between the two countries, because we are convinced that this alone . . . [will provide] mutual benefits.’ And last September 17, he said ‘I reaffirm the will to sustain relations of civilized coexistence with the [U.S.], but Cuba will not give up one of its principles, or make concessions inherent in its sovereignty and independence.’”

“The government of the [U.S.] first proposed the annexation of Cuba and, failing that, to exercise their domination over it. The triumph of the Cuban Revolution . . . [prompted the U.S. adoption of the embargo whose purpose] was ‘to cause disappointment and discouragement through economic dissatisfaction and hardship … to deny Cuba money and supplies, in order to reduce nominal and real wages, with the aim of causing hunger, desperation and overthrow of government. ‘”

“The [new U.S.] Presidential Policy Directive [states] that the Government of the [U.S.] recognizes ‘the sovereignty and self-determination of Cuba’ and [the right of] the Cuban people to make their own decisions about their future.’” It also states “the U.S. will not seek a ‘change of regime in Cuba.’”[2]

But the Directive also says “’the [U.S.] will support the emerging civil society in Cuba and encourage partners and non-governmental actors to join us in advocating in favor of reforms. While the United States remain committed to supporting democratic activists, [we] also [will] participate with community leaders, bloggers, activists and other leaders on social issues that can contribute to the internal dialogue in Cuba on civic participation.’ The Directive goes on to say: “The [U.S.] will maintain our democracy programs and broadcasting, while we will protect our interests and values, such as Guantanamo Naval Base … The government of the United States has no intention of modifying the existing lease agreement and other related provisions.’”

The Directive also asserts that Cuba “remains indebted to the [U.S.] regarding bilateral debts before the Cuban Revolution.”

The U.S. needs to “recognize that change is a sovereign matter for Cubans alone and that Cuba is a truly independent country. It gained its independence by itself and has known and will know how to defend [its] greatest sacrifices and risks. We are proud of our history and our culture that are the most precious treasure. We never forget the past because it is the way never to return to it. And we decided our path to the future and we know that is long and difficult, but we will not deviate from it by ingenuity, by siren songs, or by mistake. No force in the world can force us to it. We will strive to build a sovereign, independent, socialist, democratic, prosperous and sustainable nation. We will not return to capitalism.”

Other Countries’ Statements of Support[3]

During the debate the following 40 countries expressed their support of the resolution:

  • Latin America: Argentina, Bolivia, Brazil, Colombia, Costa Rica, Dominican Republic (for Commonwealth of Latin American and Caribbean States (CELAC)), Ecuador, El Salvador, Jamaica (for Caribbean Community (CARICOM)), Mexico, Nicaragua, Saint Vincent and Grenadines, Uruguay and Venezuela (for Non-Aligned Movement (NAM)).
  • Africa: Algeria, Angola, Libya, Mozambique, Namibia, Niger (for African States), South Africa, Sudan and Tonga.
  • Middle East: Egypt, Kuwait (for Organization of Islamic Conference (OIC)) and Syria.
  • Asia: Belarus, China, Democratic People’s Republic of Korea [North Korea], India, Indonesia, Iran, Lao People’s Democratic Republic, Malaysia, Myanmar, Russian Federation, Singapore (for Association of Southeast Asian Nations (ASEAN)), Thailand (for Group of 77 and China) and Viet Nam.
  • Europe: Slovakia (for European Union (EU)).

U.S. Abstention[4]

Samantha Power
Samantha Power

The U.S. Ambassador and Permanent Representative to the United Nations, Samantha Power, announced the U.S. abstention before the debate and voting on the resolution. Here are extracts of her speech about that vote.

“For more than 50 years, the [U.S.] had a policy aimed at isolating the government of Cuba. For roughly half of those years, U.N. Member States have voted overwhelmingly for a General Assembly resolution that condemns the U.S. embargo and calls for it to be ended. The [U.S.] has always voted against this resolution. Today the [U.S.] will abstain.”

“In December 2014, President Obama made clear his opposition to the embargo and called on our Congress to take action to lift it. Yet while the Obama Administration agrees that the U.S. embargo on Cuba should be lifted, . . . we don’t support the shift for the reason stated in this resolution. All actions of the [U.S.] with regard to Cuba have been and are fully in conformity with the U.N. Charter and international law, including applicable trade law and the customary law of the sea. We categorically reject the statements in the resolution that suggest otherwise.”

“But [today’s] resolution . . . is a perfect example of why the U.S. policy of isolation toward Cuba was not working – or worse, how it was actually undermining the very goals it set out to achieve. Instead of isolating Cuba, . . . our policy isolated the [U.S.], including right here at the [U.N.].”

“Under President Obama, we have adopted a new approach: rather than try to close off Cuba from the rest of the world, we want the world of opportunities and ideas open to the people of Cuba. After 50-plus years of pursuing the path of isolation, we have chosen to take the path of engagement. Because, as President Obama said in Havana, we recognize that the future of the island lies in the hands of the Cuban people.”[5]

“Abstaining on this resolution does not mean that the [U.S.] agrees with all of the policies and practices of the Cuban government. We do not. We are profoundly concerned by the serious human rights violations that the Cuban government continues to commit with impunity against its own people – including arbitrarily detaining those who criticize the government; threatening, intimidating, and, at times, physically assaulting citizens who take part in peaceful marches and meetings; and severely restricting the access that people on the island have to outside information.”

“We [,however,] recognize the areas in which the Cuban government has made significant progress in advancing the welfare of its people, from significantly reducing its child mortality rate, to ensuring that girls have the same access to primary and secondary school as boys.”

“But none of this should mean that we stay silent when the rights of Cuban people are violated, as Member States here at the [U.N.] have too often done. That is why the [U.S.] raised these concerns directly with the Cuban government during our [recent] historic dialogue on human rights . . ., which shows that, while our governments continue to disagree on fundamental questions of human rights, we have found a way to discuss these issues in a respectful and reciprocal manner.[6] We urge other Member States to speak up about these issues as well.”

“As President Obama made clear when he traveled to Havana, we believe that the Cuban people – like all people – are entitled to basic human rights, such as the right to speak their minds without fear, and the right to assemble, organize, and protest peacefully. Not because these reflect a U.S.-centric conception of rights, but rather because they are universal human rights – enshrined in the U.N. Charter and in the Universal Declaration of Human Rights – which all of our 193 Member States are supposed to respect and defend. Rights that are essential for the dignity of men, women, and children regardless of where they live or what kind of government they have.”

The U.S. concedes that it “has work to do in fulfilling these rights for our own citizens. And we know that at times in our history, U.S. leaders and citizens used the pretext of promoting democracy and human rights in the region to justify actions that have left a deep legacy of mistrust. We recognize that our history, in which there is so much that makes us proud, also gives us ample reason to be humble.”

“The [U.S.] believes that there is a great deal we can do together with Cuba to tackle global challenges. That includes here at the [U.N.], where the decades-long enmity between our nations has at best been a distraction – and at worst, an obstacle – to carrying out some of the most important work of this institution and helping the world’s most vulnerable people.”

U.S. Reactions[7]

Engage Cuba, a U.S. national coalition of private companies, organizations and state and local leaders working to lift the embargo, said, “Year after year, the international community has condemned our failed unilateral sanctions that have caused great economic hardship for the people of Cuba and continue to put American businesses at a competitive disadvantage. The fact that the Administration and Israel abstained from voting for the first time ever demonstrates the growing recognition that the U.S. embargo on Cuba is a failed, obsolete policy that has no place in today’s international affairs.”

Senator Marco Rubio (Rep., FL), on the other hand, blasted the abstention, saying the Obama administration had failed to honor and defend U.S. laws in an international forum. Similar negative reactions were registered by Senators Ted Cruz (Rep., FL) and Robert Menendez (Dem., NJ), Republican Representatives from Florida, Ileana Ros-Lehtinen and Mario Diaz-Balart, and the U.S.-Cuba Democracy PAC.

As an U.S. citizen-advocate for ending the embargo as soon as possible, I am pleased with the U.S. abstention and agree with Ambassador Power that this vote does not mean the U.S. agrees with the resolution’s stated reasons.

Moreover, too many in the U.S. believe the Cuban damages claim from the embargo is just a crazy Cuban dream, but I disagree. Given the amount of the claim, Cuba will not someday tell the U.S. to forget it. A prior post, therefore, suggested that the two countries agree to submit this and any other damage claims by both countries for resolution by an independent international arbitration panel such as those provided by the Permanent Court of Arbitration at the Hague in the Netherlands.

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[1] U.N. Press Release, U.S. abstains for first time in annual UN vote on ending embargo against Cuba (Oct. 26, 2016).

[2] A prior post replicated the Presidential Policy Directive while another post provided reactions thereto.

[3] U.N. Press Release, General Assembly Plenary (Oct. 26, 2016); The defeat of the blockade is the world’s largest moral and political victory for the people of Cuba against the empire, Granma (Oct. 26, 2016) (Venezuela’s statement); Today not only do we vote against the blockade, we voted for hope, Granma (Oct. 26, 2016) (Bolivia’s statement).

[4] Ambassador Power, Remarks at a UN General Assembly Meeting on the Cuban Embargo (Oct. 26, 2016).  Israel, which also abstained, merely said that it welcomed the improved U.S.-Cuba relations and hoped it would lead to a new era in the region.

[5] A prior post reviewed President Obama’s eloquent speech in Havana to the Cuban people.

[6] A prior post reviewed the limited public information about the recent human rights dialogue.

[7] Ordońez, For 1st time, U.S. changes its position on U.N. resolution blasting Cuba trade embargo, InCubaToday (Oct. 26, 2016); Engage Cuba, Press Release: Engage Cuba Praises First Ever Unanimous Passage of United Nations Resolution Condemning the Cuban Embargo (Oct. 26, 2016); Lederer & Lee, US abstains in UN vote on Cuba embargo for the first time, Wash. Post (Oct. 26, 2016); Rubio, Rubio: Obama Admin Ignoring U.S. Law on Cuba Embargo, Giving More Concessions to Castro Regime at U.N. (Oct. 26, 2016).

U.N. General Assembly Again Condemns U.S. Embargo of Cuba

U.N. General Assembly Voting Results Screen
U.N. General Assembly   Voting Results Screen

On October 28, 2014, the U.N. General Assembly by a vote of 188 to 2 again condemned the U.S. embargo of Cuba. The two negative votes were cast by the U.S. and by Israel while three small Pacific nations abstained–Marshall Islands, Micronesia and Palau. All the other U.N. members supported the resolution. [1]

 The Resolution

The resolution [A/69/L.4] reiterated the General Assembly’s “call upon all States to refrain from promulgating and applying laws and measures of the kind referred to in the preamble to the present resolution [‘the economic, commercial and financial embargo imposed by the [U.S.] against Cuba’ and the Helms-Burton Act], in conformity with their obligations under the Charter of the United Nations and international law, which, inter alia, reaffirm the freedom of trade and navigation.”

The resolution also “again urges States that have and continue to apply such laws and measures [i.e., the U.S.] to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime.”

Cuba’s Statement Supporting the Resolution

Bruno Rodriguez Parrilla
Bruno Rodriguez Parrilla

Bruno Rodríguez Parrilla, the Cuban Minister for Foreign Affairs, introducing the resolution, said that in recent times “the economic, commercial and financial blockade imposed by the [U.S.] against Cuba had been tightened, and its extraterritorial implementation had also been strengthened through the imposition of unprecedented fines, totaling $11 billion against 38 banks . . . for carrying out transactions with Cuba and other countries.” In addition, Cuba’s “accumulated economic damages of the blockade totaled $1.1 trillion . . . [and] human damages were on the rise.”

Nevertheless, “Cuba had offered every possible form of assistance to the [U.S.] in the wake of disasters there, such as in the aftermath of the September 11, 2001 terrorist attacks. Cuba had never been a threat to the national security of the [U.S.].  Opinion polls showed that there was increasing support from all sectors of [U.S.] society for lifting the blockade.  Religious leaders had citied legitimate, indisputable ethical and humanitarian reasons.“

In addition, ”the blockade was harmful to . . . the [U.S.]. The ‘absurd and ridiculous’ inclusion of Cuba on the [U.S.] list of States that sponsored international terrorism redounded to the discredit of the [U.S.].  Cuba would never renounce its sovereignty or the path chosen by its people to build a more just, efficient, prosperous and sustainable socialism.”  Neither, he continued, would his Government “give up its quest for a different international order, nor cease in its struggle for ‘the equilibrium of the world.’”

Rodríguez also invited the U.S. government “to establish a mutually respectful relation, based on reciprocity. We can live and deal with each other in a civilized way, despite our differences.”

Other Countries’ Statements Supporting the Resolution [2]

The following Latin American countries voiced support for the resolution: Argentina (MERCOSUR [3]) (embargo was “morally unjustifiable” and violated “the spirit of multilateralism and was immoral, unjust and illegal”); Barbados (CARICOM [4]); Bolivia (Group of 77 [5] and China); Brazil (Group of 77 and CELAC [6]); Colombia; Costa Rica (CELAC)); Ecuador; El Salvador (Group of 77 and CARICOM); Mexico; Nicaragua; St. Vincent and the Grenadines (CARICOM, Non-Aligned Movement, [7] Group of 77 and CELAC); Uruguay; and Venezuela.

The African supporters of the resolution that spoke were Algeria (Non-Aligned Movement, Group of 77, Group of African States [8] and Organization of Islamic Cooperation [9]); Angola; Kenya (Group of 77, Non-Aligned Movement and African Group); Malawi (African Group); South Africa (Group of 77, Non-Aligned Movement and African Group); Sudan (Group of 77, Non-Aligned Movement and Organization of Islamic Cooperation); United Republic of Tanzania; Zambia (Non-Aligned Movement) and Zimbabwe (Non-Aligned Movement, Group of 77 and African Group).

From Asia and the Pacific were Belarus; China (Group of 77); Democratic People’s Republic of Korea (North Korea); Indonesia (Group of 77);  India (Group of 77 and Non-Aligned Movement); Iran (Non-Aligned Movement); Lao People’s Democratic Republic; Myanmar (Group of 77 and Non-Aligned Movement); Russian Federation; Solomon Islands; and Viet Nam (Non-Aligned Movement, Group of 77 and China).

Middle Eastern countries speaking in favor of the resolution were Egypt, Saudi Arabia (Organization of Islamic Cooperation); and Syria (Non-Aligned Movement, Group of 77 and China).

The sole European supporter of the resolution that spoke at the session was Italy (European Union [10]), which said the U.S.’ “extraterritorial legislation and unilateral administrative and judicial measures were negatively affecting European Union interests”).

U.S. Statement Opposing the Resolution

Although Israel voted against the resolution, it chose not to speak in support of its vote. Only the U.S. by Ambassador Ronald D. Godard, U.S. Senior Advisor for Western Hemisphere Affairs, tried to justify the negative vote.

Ronald D. Godard
Ronald D. Godard

Ambassador Godard said the U.S. “conducts its economic relationships with other countries in accordance with its national interests and its principles. Our sanctions toward Cuba are part of our overall effort to help the Cuban people freely exercise their human rights and fundamental freedoms, and determine their own future, consistent with the Universal Declaration of Human Rights and the democratic principles to which the United Nations itself is committed.”

Ambassador Godard also said, “the Cuban government uses this annual resolution in an attempt to shift blame for the island’s economic problems away from its own policy failures. The Cuban government now publicly recognizes that its economic woes are caused by the economic policies it has pursued for the last, past half-century. We note and welcome recent changes that reflect this acknowledgement, such as those that allow greater self-employment and liberalization of the real estate market. But the Cuban economy will not thrive until the Cuban government permits a free and fair labor market, fully empowers Cuban independent entrepreneurs, respects intellectual property rights, allows unfettered access to information via the Internet, opens its state monopolies to private competition and adopts the sound macro-economic policies that have contributed to the success of Cuba’s neighbors in Latin America.”

According to Ambassador Godard, the U.S. “remains a deep and abiding friend of the Cuban people. The Cuban people continue to receive as much as $2 billion per year in remittances and other private contributions from the [U.S.]. This support . . . was made possible . . . by U.S. policy choices. By the Cuban government’s own account, the [U.S.] is one of Cuba’s principal trading partners. In 2013, the [U.S.] exported approximately $359 million in agricultural products, medical devices, medicine and humanitarian items to Cuba. Far from restricting aid to the Cuban people, we are proud that the people of the [U.S.] and its companies are among the leading providers of humanitarian assistance to Cuba. All of this trade and assistance is conducted in conformity with our sanctions program, which is carefully calibrated to allow and encourage the provision of support to the Cuban people.”

Furthermore, the U.S. “places the highest priority on building and strengthening connections between the Cuban people and [our] people. U.S. travel, remittance, information exchange, humanitarian and people-to-people policies updated in 2009 and 2011 provide the Cuban people alternative sources of information, help them take advantage of limited opportunities for self-employment and private property and strengthen independent civil society. The hundreds of thousands of Americans who have sent remittances and traveled to the island, under categories of purposeful travel promoted by President Obama, remain the best ambassadors for our democratic ideals.”

Ambassador Godard continued, “[The U.S.] strongly supports the Cuban people’s desire to determine their own future, through the free flow of information to, from, and within Cuba. The right to receive and impart information and ideas through any media is set forth in Article 19 of the Universal Declaration of Human Rights. It is the Cuban government’s policies that continue to prevent enjoyment of this right. The Cuban government now claims to share our goal of helping the Cuban people access the Internet. Yet the Cuban government has failed to offer widespread access to the Internet through its high-speed cable with Venezuela.  Instead, it continues to impose barriers to information for the Cuban people while disingenuously blaming U.S. policy.”

“Moreover, the Cuban government continues to detain Alan Gross, a U.S. citizen who was sentenced to 15 years in prison for facilitating Internet access for Cuba’s small Jewish community. [[11]] The [U.S.] calls on Cuba to release Mr. Gross immediately, [[12]] allow unrestricted access to the Internet, and tear down the digital wall of censorship it has erected around the Cuban people.

 {T]his resolution only serves to distract from the real problems facing the Cuban people. . . . Though Cuba’s contributions to the fight against Ebola are laudable, they do not excuse or diminish the regime’s treatment of its own people. We encourage this world body to support the desires of the Cuban people to choose their own future. By doing so, it would truly advance the principles the United Nations Charter was founded upon, and the purposes for which the United Nations was created.”

Media Coverage of the Resolution and Debate

 U.S. media coverage of this important U.N. vote was almost non-existent. It was not mentioned in the “World” or “Americas” news sections of the New York Times, and only its “Opinion” section had a short article about the issue. It got no mention whatsoever in the Wall Street Journal. Not even the Miami Herald, which has a separate page for Cuba news, mentioned it. [13]

At 2:37 p.m. on October 28th the Associated Press published a release on the subject, and the Washington Post published it online while the StarTribune of Minneapolis/St. Paul picked it up the next day in its online, but not its print, edition.

Cuba’s state-owned newspaper, Granma, of course, headlined this vote while stating that the embargo has caused $1.1 trillion of damage to the Cuban economy and “incalculable human suffering.” Its article also emphasized that this was the 23rd consecutive such resolution with a table showing that the number of votes in favor of the resolutions has increased from 59 in 1992 to 188 in 2012-2014, that the largest number of votes against the resolutions was only 4 in 1993 and 2004-2007 and that the number of abstentions has decreased from 71 in 1992 to 1 in 2005-2007 and now 3 since 2010.

Conclusion

This overwhelming international opposition to the U.S. embargo in and of itself should be enough to cause the U.S. to end the embargo. Moreover, the embargo has not forced Cuba to come begging to the U.S. for anything that the U.S. wants. The U.S. policy is a failure. The New York Times recently called for abandonment of this policy as has this blog in urging reconciliation of the two countries, in an open letter to President Obama and in a rebuttal of the President’s asserted rationale for the embargo and other anti-Cuban policies.

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[1] This post is based upon the sources embedded above and upon U.N. General Assembly Press Release [GA/11574], As General Assembly Demands End to Cuba Blockade for Twenty-Thjrd Consecutive Year, Country’s Foreign Minister Cites Losses Exceeding $1 Trillion (Oct. 28, 2014); Londoño, On Cuban Embargo, It’s the U.S. and Israel Against the World, Again, N.Y. Times (Oct. 29, 2014); Associated Press, UN General Assembly Condemns US Cuba Embargo (Oct. 28, 2014); U.S. Dep’t of State, Explanation of Vote by Ambassador Ronald D. Godard on the Cuba Resolution in the General Assembly Hall (Oct. 28, 2014). The General Assembly also has videos of the debate (A and B). A prior post reviewed the 2011 General Assembly’s adoption of a similar resolution against the embargo.

[2] Many of the cited statements supporting the resolution were issued on behalf of, or aligned with, larger groups of nations as noted above. In addition, prior to the October 28th session of the General Assembly, the U.N. Secretary General submitted a report containing statements against the embargo from 154 states and 27 U.N. agencies.

[3] MERCOSUR (Southern Common Market) is a customs union and trading bloc of five South American countries with five other associate members in the continent.

[4] CARICOM (Caribbean Community) is a group of 15 Caribbean countries with five associate members for economic cooperation.

[5] The Group of 77 was established in 1964 by 77 developing countries to promote their collective economic interests and South-South cooperation; now there are 134 members that have retained the original name for historical significance.

[6] CELAC (Community of Latin American and Caribbean States) is a group of 33 states in the region to deepen economic integration and combat the influence of the U.S.

[7] The Non-Aligned Movement is a group of 115 developing countries that are not aligned with or against any major power bloc. Its current focus is advocacy of solutions to global economic and other problems

[8] The African Group is a group of 54 African states that are U.N. Members.

[9] The Organization of Islamic Cooperation is a group of 57 states that seek to protect the interests of the Muslim world in the spirit of promoting peace and harmony in the world.

[10] The European Union is a group of 28 European states that have combined for a peaceful, united and prosperous Europe.

[11] The activities in Cuba by Mr. Gross are not so simple. A Cuban court in 2011 found him guilty of participating in a “subversive project of the U.S. government that aimed to destroy the revolution through the use of communications systems out of the control of authorities,” and sentenced him to 15 years in prison. According to his own lawsuit against the U.S. Government, and subsequent disclosures, Gross alleged the U.S. Agency for International Development (USAID) and its contractor, DAI, sent him on five semi-covert trips to Cuba without proper training, protection or even a clear sense of the Cuban laws that led to his detainment. The case highlighted the frequent haste and lack of attention to the risks of the USAID programs in Cuba under the Helms-Burton Act, which allowed for money to be set aside for “democracy building efforts” that might hasten the fall of Fidel and Raúl Castro.

[12] In discussions with the U.S., Cuba already has expressed a willingness to exchange Mr. Gross for one or more of the three of “the Cuban Five” who remain in U.S. prisons.

[13] Nor did I find any mention of the vote in London’s Guardian or Madrid’s El Pais.

 

The U.S. Commission on International Religious Freedom’s Annual Report 2014   

Comm'n Intl Religious Free                                                

On April 30, 2014, the quasi-independent U.S. Commission on International Religious Freedom released its Annual Report 2014, pursuant to the International Religious Freedom Act of 1988 (“the Act”).[1]

Introduction

The Commission relies upon this definition of the freedom in the Universal Declaration of Human Rights: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.” Similar provisions are found in several multilateral human rights treaties.[2] (P. 9.)

The Report stressed the importance of this freedom. It says this right “protects the freedom of religious communities, as groups, to engage in worship and other collective activities. It also protects every individual’s right to hold, or not to hold, any religion or belief, as well as the freedom to manifest such a religion or belief, subject only to the narrow limitations specified under international law.” (P. 9.)

This right is important, says the Commission, “because it enables people to follow what their conscience dictates. . . . People are entitled to religious freedom by virtue of their humanity.” Therefore, there can be no “coercion or compulsion in these matters.” (P. 2.)

Moreover, whenever this freedom is abused, “societal well-being would suffer” as well as democracy and other human rights and economic productivity. So too “peace and security may become more elusive.” In short, according to the commission, “the defense of religious freedom is both a humanitarian imperative and a practical necessity.” (P. 3.)

General Recommendations

The Commission recommended that the U.S. do the following with respect to this freedom:

  • develop and implement a religious freedom strategy;
  • demonstrate the importance of religious freedom , including the designation of “countries of particular concern ” identified by the Commission;
  • reinvigorate and create new tools under the Act;
  • expand training, programming and public diplomacy about the subject;
  • expand multilateral efforts on the subject; and
  • protect asylum-seekers from being returned to countries where they face persecution for religious reasons. (Pp. 7-8.)

“Countries of Particular Concern” (Tier 1 Countries)

Under its authorizing statute, the Commission is required to designate as “countries of particular concern” (CPC) (or “Tier 1 Countries”) those that have engaged in or tolerated “particularly severe” violations of religious freedom. (P. 5.)

The latest report recommends that the Secretary of State re-designate the following eight countries as Tier 1 countries: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Uzbekistan. In addition, the Report recommends that the following additional eight countries also be so designated by the State Department: Egypt, Iraq, Nigeria, Pakistan, Syria, Tajikistan, Turkmenistan and Vietnam. (P. 5.)

Tier 2 Countries

The Commission also designates some countries as “Tier 2 Countries,” i.e., countries on the threshold of Tier 1 status, i.e., when their “violations . . . are particularly severe” and when at least one, but not all three, of the criteria for that status (“systematic, ongoing and egregious”) is met. (P. 5.)

The latest Report designated the following nine countries as Tier 2: Afghanistan, Azerbaijan, Cuba, India, Indonesia, Kazakhstan, Laos, Russia and Turkey.[3] (P. 5.)

Other Countries

The latest Report also discussed seven other countries (Bahrain, Bangladesh, Belarus, Central African Republic, Ethiopia, Kyrgyzstan and Sri Lanka) and one region (Western Europe) that it monitored during the year. (P. 5.)

Conclusion

Because of my personal interest in Cuba, including its religious freedom, a subsequent post will critique the Report regarding that country.

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[1] The Act § § 202, 205. The Report contains an account of the development of the Act and the 15-year history of its implementation. (Pp. 11-23.) A prior post examined the fascinating structure and composition of the Commission, and another post its report issued in 2013.

[2] See Post: International Law Regarding Freedom of Religion (Jan. 1, 2012).

[3] Previously the Commission called this group the “Watch List of countries where the serious violations of religious freedom engaged in or tolerated by the governments do not meet the CPC threshold, but require close monitoring.” According to the Commission, the “Watch List provides advance warning of negative trends that could develop into severe violations of religious freedom, thereby providing policymakers with the opportunity to engage early and increasing the likelihood of preventing or diminishing the violations.”

 

 

 

 

 

 

 

 

Latest U.S. Reports on International Religious Freedom

Annually the U.S. Department of State, pursuant to statutory authorization, releases a report on the status of religious freedom in every country in the world.[1] In addition, the quasi-independent U.S. Commission on International Religious Freedom releases annual reports on the same subject for selected countries.[2]

It should be noted at the outset that these two agencies are not seeking to impose on the rest of the world the U.S. constitutional prohibition of the “establishment of religion” or of “abridging the free exercise [of religion].” [3] Instead the agencies reports rely upon this definition of the freedom in the Universal Declaration of Human Rights: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.” Similar provisions are found in several multilateral human rights treaties.[4]

The post will review the latest State Department report on this subject for all 194 other countries in the world and the Commission’s latest report on 29 countries plus one large region (Western Europe).[5]

Latest State Department Report

USDeptStateseal

After emphasizing the importance of religious freedom, the State Department’s May 20, 2013, report “tells stories of courage and conviction, but also recounts violence, restriction, and abuse. While many nations uphold, respect, and protect religious freedom, regrettably, in many other nations, governments do not protect this basic right; subject members of religious minorities to violence; actively restrict citizens’ religious freedom through oppressive laws and regulations; stand by while members of societal groups attack their fellow citizens out of religious hatred, and fail to hold those responsible for such violence accountable for their actions.”

The report continues.”The immediate challenge is to protect members of religious minorities. The ongoing challenge is to address the root causes that lead to limits on religious freedom. These causes include impunity for violations of religious freedom and an absence of the rule of law, or uneven enforcement of existing laws; introduction of laws restricting religious freedom; societal intolerance, including anti-Semitism and lack of respect for religious diversity; and perceptions that national security and stability are best maintained by placing restrictions on and abusing religious freedom.”

Highlighted for concern by the report were “[l]aws and policies that impede the freedom of individuals to choose a faith, practice a faith, change their religion, tell others about their religious beliefs and practices, or reject religion altogether remain pervasive. Numerous governments imposed such undue and inappropriate restrictions on religious groups and abused their members, in some cases as part of formal government law and practice.” Another concern was the “use of blasphemy and apostasy laws.” They “continued to be a significant problem, as was the continued proliferation of such laws around the world. Such laws often violate freedoms of religion and expression and often are applied in a discriminatory manner.”

The report documented “a continued global increase in anti-Semitism. Holocaust denial and glorification remained troubling themes, and opposition to Israeli policy at times was used to promote or justify blatant anti-Semitism. When political leaders condoned anti-Semitism, it set the tone for its persistence and growth in countries around the world. Of great concern were expressions of anti-Semitism by government officials, by religious leaders, and by the media.”

According to the report, “Governments that repress freedom of religion and freedom of expression typically create a climate of intolerance and impunity that emboldens those who foment hatred and violence within society. Government policy that denies citizens the freedom to discuss, debate, practice, and pass on their faith as they see fit also undercuts society’s ability to counter and combat the biased and warped interpretations of religion that violent extremists propagate. Societal intolerance increased in many regions during 2012.”

Finally the report said, “Governments exacerbated religious tensions within society through discriminatory laws and rhetoric, fomenting violence, fostering a climate of impunity, and failing to ensure the rule of law. In several instances of communal attacks on members of religious minorities and their property, police reportedly arrested the victims of such attacks, and NGOs alleged that there were instances in which police protected the attackers rather than the victims. As a result, government officials were not the only ones to commit abuses with impunity. Impunity for actions committed by individuals and groups within society was often a corollary of government impunity.”

The report also acknowledged the Department’s statutory obligation to designate “Countries of Particular Concern (CPCs), i.e., those countries that are considered to commit “particularly severe violations of religious freedom,” and whose records call for the U.S. government to take certain actions under the terms of the Act. The term ‘‘particularly severe violations of religious freedom’’ means systematic, ongoing, egregious violations of religious freedom, including violations such as: (a) torture or cruel, inhuman, or degrading treatment or punishment; (b) prolonged detention without charges; (c) causing the disappearance of persons by the abduction or clandestine detention of those persons; or (d) other flagrant denial of the right to life, liberty, or the security of persons.”

Accordingly the report re-designated the following eight countries as CPCs: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Uzbekistan.[6]

Latest Commission Report

USCommRelFree

 

Under the authorizing statute, the Commission is required to designate as “countries of particular concern” (CPC) (or “Tier 1 Countries”) those that have engaged in or tolerated “particularly severe” violations of religious freedom.

In its latest report, issued on April 30, 2013, the following 15 countries were so designated: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Ubekistan (all of which had been designated as “Countries of Particular Concern” (CPC) by the State Department the prior year) plus Egypt, Iraq, Nigeria, Pakistan, Tajikistan, Turkmenistan and Vietnam.

The Commission also designates some countries as “Tier 2 Countries,” i.e., countries on the threshold of Tier 1 status, i.e., when their “violations . . . are particularly severe” and when at least one, but not all three, of the criteria for that status (“systematic, ongoing and egregious”) is met.

The latest report designated the following eight countries as Tier 2: Afghanistan, Azerbaijan, Cuba, India, Indonesia, Kazakhstan, Laos and Russia.[7]

The latest report also discussed six other countries (Bahrain, Bangladesh, Belarus, Ethiopia, Turkey and Venezuela and one region (Western Europe) that it monitored during the year. At first glance the monitoring of Western Europe seems anomalous, but here are the topics of concern to the Commission:

  • Restrictions on religious dress (full-face veils) in France and Belgium.
  • Failure in Sweden, Luxembourg, Switzerland, Poland, Norway and Iceland to exempt religious slaughter of animals from laws requiring prior stunning of the animals.
  • Suggestions in Germany and Norway that religious circumcisions of male children were illegal.
  • Restrictions on construction of Islamic minarets in Switzerland, and the lack of an official mosque in Athens, Greece.
  • “Incitement to hatred” and other laws in almost all European states that can be used to restrict expression of religious beliefs.
  • Reluctance in many European states to provide accommodation of religious objections to generally applicable laws.
  • Measures in France, Austria, Belgium and Germany against religious groups perjoratively characterized as “cults” or “sects.”
  • Societal intolerance, discrimination and violence based on religion or belief such as towards Muslim women with full-face veils, Jewish people and Jehovah’s Witnesses.

It should also be noted that the Commission sometimes takes an adversarial position vis-à-vis the U.S. State Department. For example, on April 30, 2013, when the Commission released its latest report, its simultaneous press release recommended that the Department designate as “Countries of Particular Concern” the seven additional countries the Commission had placed in Tier 1 as noted above.

When the Department failed to do so in its May 20th report, the next day the Commission issued a press release criticizing the Department for failure to make additional CPC designations since August 2011 and to do so for the same seven additional countries.

Conclusion

Because of my personal interest in Cuba, including its religious freedom, a subsequent post will compare and contrast the two reports regarding that country.

Such a comparison, in my opinion, will show that the State Department’s reports are more balanced and fair at least with respect to Cuba.


[2]  Id. § § 202, 205. The fascinating structure and composition of the Commission will be the subject of a future post.

[3]  U.S. Const., First Amend.

[5] A prior post examined the prior State Department report.

[6] The State Department report noted that it considers the recommendations of the Commission on CPCs, but that the Secretary of State makes the final decision on that issue. The Department’s report thereby implicitly rejected the Commission’s recommendation for an additional seven countries to be so designated.

[7] Previously the Commission called this group the “Watch List of countries where the serious violations of religious freedom engaged in or tolerated by the governments do not meet the CPC threshold, but require close monitoring.” According to the Commission, the “Watch List provides advance warning of negative trends that could develop into severe violations of religious freedom, thereby providing policymakers with the opportunity to engage early and increasing the likelihood of preventing or diminishing the violations.”