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U.N. Security Council Discusses Cameroon’s Anglophone Crisis

On December 6, 2019, the U.N. Security Council held a meeting about the countries of Central Africa, including Cameroon. Here is an account of the U.N. Secretary-General’s report preceding that meeting and the discussion at that meeting insofar as they related to Cameroon.

Secretary-General’s Report (11/29/19)[1]

The Secretary-General stated, ”In the North-West and SouthWest Regions, violence continued to affect 1.3 million people, including over 700,000 people who were uprooted from their homes. Armed fighting and insecurity in the two regions continued to be the principal impediment to the provision of assistance and a barrier for those in need to reach areas where they could receive aid. Attacks on health infrastructure and personnel, schools, teachers, parents and children persisted. More than 855,000 children – almost 9 out of 10 – have been out of school for three years in the two regions. As of November 2019, 90 percent of public primary schools and 77 percent of public secondary schools remained closed or non-operational.”

A U.N. team recently “found that serious human rights violations and abuses, Cameroonattributed to both government security forces and armed separatists, were occurring across the two regions. [The team] received allegations of unlawful killing, rape and gang rape, torture and other forms of ill-treatment, abduction for ransom, infringement of the rights to freedom of expression and peaceful assembly, forced displacement, destruction of property and attacks on schools and medical facilities, as well as arbitrary detention. There was concern regarding impunity.”

Comments at the Security Council Meeting (12/06/19) [2]

Francois Louncény Fall, the Head of the U.N. Regional Office for Central Africa (UNOCA) and the Secretary-General’s Special Representative for that subregion, opened the meeting by presenting the previously mentioned Secretary-General’s report.[3]

According to the summary of his remarks, he said that although Cameroon’s National Dialogue (September 30-October 4) had been productive, “the level of violence continues to threaten Cameroonian lives, . . . citing reports of human rights violations and abuses attributable to all sides. Humanitarian workers have also been targeted. . . . More than 700,000 people have been displaced by the conflict and thousands have been reported killed or injured, . . . [He called] upon international partners to support national efforts to address humanitarian needs. In the wake of the national dialogue, some of its recommendations have been implemented, including the release of some prisoners, but the swift implementation of all recommendations will be a significant step towards resolving the crisis” and contributing “significantly towards resolving the political and humanitarian crisis enveloping that country’s North‑West and South‑West regions.” He also said that there needed to be “further discourse among all stakeholders in order to quell underlying tensions among marginalized communities. The elections announced for 2020 will be a crucial test of democracy and the determination of national stakeholders to achieve genuine stability and socioeconomic development for all Cameroonians, he continued, urging all sides to step up their efforts to protect and promote human rights and to tackle impunity.”[4]

The Special Representative added that although Cameroon President Biya has announced legislative and municipal elections for next February, the leader of a major opposition party had declared that it would not participate in the election because of no suitable conditions for voting in the Anglophone region (the north-West and South-West Regions) while other opposition parties had reservations about the election. For this election to be successful test of democracy, there must be “genuine stability and socioeconomic development for all Cameroonians.” Therefore, “all actors on the ground [must] step up their efforts to protect and promote human rights and to tackle impunity.”

Most of the Council members, according to the summary, had very little comment about Cameroon or merely welcomed the national dialogue and urged the parties to the conflict to resolve differences through compromise. This was true for Equatorial Guinea, Dominican Republic, Russian Federation, Kuwait, Peru, Indonesia and China.

European members of the Council, however, were slightly more pointed in their remarks about Cameroon:

The United Kingdom representative expressed “concern over the strife in Cameroon” and said “all parties must do more to ensure humanitarian access. He called for an end to human rights abuses, for the investigation of all incidents and for the implementation of all recommendations of the national dialogue, including those on strengthening bilingualism and engaging diaspora groups. ‘Words need to be matched by actions,’ to prevent the situation from deteriorating, he emphasized, underlining the imperative need for the international community to support further peacebuilding efforts in Cameroon.”
The representative for Belgium expressed “concern over the strife in Cameroon” and said “all parties must do more to ensure humanitarian access. He called for an end to human rights abuses, for the investigation of all incidents and for the implementation of all recommendations of the national dialogue, including those on strengthening bilingualism and engaging diaspora groups. ‘Words need to be matched by actions,’ to prevent the situation from deteriorating, he emphasized, underlining the imperative need for the international community to support further peacebuilding efforts in Cameroon.”
Poland’s representative “welcomed Cameroon’s holding of a national dialogue but expressed concern over continued human rights violations in that country. All incidents should be investigated and perpetrators held accountable.”
The German representative said “the deteriorating situation in Cameroon” suggested the Security council should “consider how UNOCA can contribute resolving the conflict, which has a negative impact on the entire Central Africa region.”

The most critical remarks came from U.S. Ambassador Cherith Norman Chalet. While he expressed gratitude for the Secretary-General’s “work in Cameroon to facilitate a peaceful resolution to the crisis in the Anglophone Northwest and Southwest Regions,” he stated the U.S.has increasing concern over the “rapidly worsening humanitarian and human rights situations in Cameroon. Credible reports detail persistent human-rights violations, including extrajudicial killings, arbitrary and unlawful detention, and torture, all conducted with impunity.”

This, the U.S. said, has become “a humanitarian situation requiring immediate attention. Parties to the conflict limit humanitarian access, and a worsening security situation has reportedly left as much as 65 percent of the Northwest and Southwest Regions of Cameroon out of bounds to aid workers.”

Therefore, U.S. Ambassador Chalet urged, first, that the U.N.’s Regional Office for Central Africa and “our partners to take a more assertive role in resolving Cameroon’s conflict and to continue to urge both the Government of Cameroon and separatist groups to enter into open-ended dialogue without pre-conditions, [thereby] relinquishing their focus on a military solution.” Second, the “Swiss-led mediation process between the Government of Cameroon and the separatists” should go forward immediately.[5]

These critical comments by the U.S. Ambassador echoed the words and actions of the U.S. after President Biya’s speech and national dialogue when the U.S. did not applaud the speech and on October 31, 2019, suspended Cameroon’s participation in a beneficial African trade program because “the Government of Cameroon currently engages in gross violations of internationally recognized human rights., [including] extrajudicial killings, arbitrary and unlawful detention, and torture.” [6]

Conclusion

Significantly there was no Security Council resolution regarding Cameroon at this meeting, meaning there was no additional U.N. pressure for ending the persecution of the Anglophone Cameroonians.

It also should be noted that although all of these cited documents are in the public domain, there was no discussion of them in the principal U.S. media for coverage of international affairs, the New York Times and the Washington Post.

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[1] U.N. Security Council, Report of the Secretary-General: the situation in Central Africa and the activities of the United Nations Regional Office for Central Africa (Nov. 29, 2019) [Cameroon, paras. 5-7, 23, 27, 29-32, 41, 74].

[2] U.N. Security Council, Building upon Momentum from National Dialogue Can Help Cameroon Resolve Political, Humanitarian Crisis, Special Representative Tells Security Council (Dec. 6, 2019); U.S. Mission to U.N., Remarks on UNSC Briefing on UNOCA (UN Regional Office for Central Africa) (Dec. 6. 2019).

[3] According to a U.N. website, Monsieur Fall is a native of Guinea and between 2012 and 2016 served as its Minister for Foreign Affairs after serving as its Prime Minister and as Secretary-General to the Presidency. He also held a number of Guinean ambassadorial positions, including Permanent Representative to the United Nations and representative at the Security Council. For the U.N. he was the Special Representative of the Secretary-General in Somalia, 2005-2007 and in the Central African Republic from 2007 to 2008 and as the Vice-Chairman of the Commission for the Monitoring and Evaluation of the South Sudan Peace Agreement, January to October 2016. Since November 2016 he has been the Acting Special Representative of the Secretary-General and Head of UNOCA. Mr. Fall holds a master’s degree in international law from Conakry University in Guinea.

[4] On September 10, 2019, Cameroon President Paul Biya in a speech recognized that the country’s crisis initially was triggered by the need to preserve the Anglo-Sacon judicial and educational systems in the Anglophone regions and that the government had taken steps to meet those needs, including the establishment of the Commission for the Promotion of Bilingualism and Multi-culturalism and a decentralization process. However, a secessionist movement have fomented violence requiring the government to respond with force. Now the country will conduct a major national dialogue to find ways to address the many problems in the country. The President will offer pardon to those who voluntarily lay down their arms. This speech elicited positive reactions from the U.N. and the African Union, but skepticism from some of the country’s opposition parties. (See Potential Breakthrough in Cameroon’s Civil War?, dwkcommentaries.com (Nov. 27, 2019).)

[5] See Switzerland Mediation of Cameroon’s Anglophone Crisis, dwkcommentaries.com (Dec. 19, 2019). The Conclusion of this post referred to a December 18 report that Switzerland had abandoned this mediation, but this blogger has not found any other reference to this alleged abandonment of mediation.

[6] U.S. Reactions to Recent Developments in Cameroon, dwkcommentaries.com (Nov. 28, 2019).

U.S. Urges U.N. Security Council To Reject Venezuela’s Maduro and Embrace Guaido

On January 26 the U.N. Security Council met to debate action on the crisis in Venezuela.[1]

U.S. Secretary of State Mike Pompeo, after giving examples of the despair of ordinary Venezuelans, asserted that the U.S. was there “ to urge all nations to support the democratic aspirations of the Venezuelan people as they try to free themselves from former President Maduro’s illegitimate mafia state. . . .The humanitarian situation demands action now; it demands action today.”

As a result, the U.S. “ stands with the Venezuelan people. So far, many other nations have chosen to do the same and they too have recognized the legitimate government of interim President Guaidó. The United States stands proudly with you as we stand together in support of Venezuela. You knew the Venezuelan people did not have a moment to spare.”

After criticizing China and Russia for supporting Maduro, Pompeo said, “But no regime has done more to sustain the nightmarish condition of the Venezuelan people than the regime in Havana. For years, Cuban security and intelligence thugs, invited into Venezuela by Maduro himself and those around him, have sustained this illegitimate rule. They have trained Maduro’s security and intelligence henchmen in Cuba’s own worst practices. Cuba’s interior ministry even provides a former – provides former President Maduro’s personal security. Members of this body often use their microphones here to condemn foreign interference in internal affairs. Let’s be crystal clear: the foreign power meddling in Venezuela today is Cuba. Cuba has directly made matters worse and the United States and our partners are the true friends of the Venezuelan people.” (Emphasis added.)

Elliott Abrams, the new U.S. Special Envoy for Venezuela, following Secretary Pompeo, noted that every criticism [of the U.S.] came from a country that is not democratic. And he accused Venezuela of being a “satellite” of Cuba and Russia. “This is not about foreign intervention in Venezuela,. It is not an attempt to impose a result on the Venezuelan people. Democracy never needs to be imposed. It is tyranny that has to be imposed.”

The ambassadors of Russia and China, both permanent members of the Security Council with veto power, said they considered the political and humanitarian crisis in Venezuela an internal matter and urged the United States to stop meddling. The Russian ambassador said, “If anything represents a threat to peace and security, it is the shameless and aggressive actions of the United States and their allies to oust a legitimately elected president of Venezuela.” The U.S., he said, was trying “to engineer a coup d’etat in Venezuela.”

Venezuelan Foreign Minister Jorge Arreaza then took a personal swipe at Abrams, noting that he had pleaded guilty to lying to Congress about the Reagan administration’s support for contra rebels fighting the government in Nicaragua,

UN Under Secretary-General of Political and Peacebuilding, Rosemary DiCarlo, made a logical, but unpersuasive suggestion: “We must try to help bring about a political solution that will allow the country’s citizens to enjoy peace, prosperity and all their human rights,” This essentially reiterated the plea earlier in the week by U.N. Secretary-General, Antonio Guterres urging all parties to “lower tensions and calling for all relevant actors to commit to inclusive and credible political dialogue. Concerned by reports of casualties in the context of demonstrations and unrest in and around the capital Caracas, the UN chief also called for a transparent and independent investigation of those incidents.

The Security Council, however, took no vote on the situation in Venezuela under the threat of vetoes by permanent members Russia and China. This was presaged by the vote to consider the Venezuela crisis: nine in favor (Belgium, Dominican Republic, France, Germany, Kuwait, Peru, Poland, United Kingdom, United States) to four against (China, Equatorial Guinea, Russian Federation, South Africa) with two abstentions (Côte d’Ivoire, Indonesia).

The next day, January 27, U.S. National Security Advisor, John Bolton, tweeted, “ “Any violence and intimidation against U.S. diplomatic personnel, Venezuela’s democratic leader, Juan Guiado (sic), or the National Assembly itself would represent a grave assault on the rule of law and will be met with a significant response,” Bolton also noted Cuba’s support for Venezuelan leader Nicolas Maduro’s paramilitary forces.

Other Commentary[2]

After the Council’s meeting, Cuba Foreign Secretary, Bruno Rodriguez, tweeted, “”I categorically reject slanderous accusations against #Cuba from the US Secretary of State in the Security Council of @ONU_es. His assault on #Venezuela constitutionality, orchestrated from Washington, will fail despite the lies.” Another of his tweets stated, “Secretary of State slanders Cuba to justify a coup against the constitutional power in #Venezuela. Washington designed, financed and managed the alleged usurpation of the Venezuelan Presidency,” The U.S. was doing so “”on the basis of unfounded accusations, false data and masking role of his Government in orchestrating that assault on regional peace. ”

In addition to the above developments, the U.K. joined the U.S., Germany, France and Spain in backing Guaidó. The U.K. Foreign Secretary Jeremy Hunt, said, ““After banning opposition candidates, ballot box stuffing and counting irregularities in a deeply-flawed election it is clear Nicolás Maduro is not the legitimate leader of Venezuela.” Therefore, the U.K. would recognize Guaidó as the legitimate president unless Maduro within the next eight days called for a new election. [3]

Bret Stephens, a conservative columnist for the New York Times, claims that “every sensible observer agrees that Latin America’s once-richest country, sitting atop the world’s largest proven oil reserves, is an economic basket case, a humanitarian disaster, and a dictatorship whose demise cannot come soon enough.” Moreover, he argues, “Twenty years of socialism . . . led to the ruin of a nation.” In short, according to Stephens, “Why does socialism never work? Because, as Margaret Thatcher explained, ‘eventually you run out of other people’s money.’”[4]

All of these developments pose many questions to ponder as we go forward or backward.

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[1] Brokaw, Pompeo confronts U.N. Security Council on Venezuela, UPI (Jan. 26, 20190; State Dep’t, [{Pompeo] Remarks at United Nations Security Council Meeting on Venezuela (Jan. 26, 2019); U.N., UN political chief calls for dialogue to ease tensions in Venezuela; Security Council divided over path to end crisis (Jan. 26, 209); Reuters, White House Promises “Significant Response’ to Any Venezuelan Violence, N.Y. Times (Jan. 27, 2019).

[2] Cuban Foreign Minister rejects accusation by the United States against Cuba, Granma (Jan. 26, 2019); Semple, With Spies and Other Operatives, A Nation Looms Over Venezuela’s Crisis: Cuba, N.Y. Times (Jan. 26, 2019); Baker & Wong, On Venezuela, Rubio Assumes U.S. Role of Ouster in Chief, N.Y. Times (Jan. 26, 2019); Morelio, Pompeo presses U.N. Security Council to ‘pick a side’ in Venezuela’s crisis, Wash. Post (Jan. 26, 2019).

[3] Doward, UK tells Venezuelan president: call fair election or stand down, Guardian (Jan. 26, 2019).

[4] Stephens, Yes, Venezuela Ia a Socialist Catastrophe, N.Y. Times (Jan. 25, 2019).

Cameroon’s Human Rights Record Being Subjected to Universal Periodic Review by U.N. Human Rights Council: The UPR Hearing

This year Cameroon’s human rights record is the subject of its third Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. Prior posts reviewed the nature of the UPR process and the pre-hearing papers for this UPR. Now we review Cameroon’s May 16 UPR hearing with a focus on the various comments made about the current conflict between the majority Francophones and the minority Anglophones.[1]

This hearing was limited to 3 ½ hours (210 minutes) and each of the 76 countries was limited to 1 minute 25 seconds (85 seconds).

Cameroon Government’s Comments

The Cameroon Government opened the hearing with comments by H.E. Mr. Mbella Mbella, its Minister of Foreign Affairs.

Near the end of his remarks, he said, “The social crisis in the North-West and South-West (Anglophone regions) began at the end of 2015 with strikes of lawyers and teachers. In response the government created the National Commission of Bilingualism and Multiculturalism to protect and ensure the balance of security and freedom.”

Earlier he laboriously discussed the process of preparing this national report, the implementation of recommendations from the prior UPR, the ratification of various human rights treaties, the adoption of the National Plan for the Promotion and Protection of Human Rights and the records of prosecutions and convictions for violations of human rights.

U.N. Members’ Comments

There were 76 governments that made comments at the hearing (32 of whom were also Human Rights Council members plus 44 other U.N. members). Most of the comments and recommendations concerned Cameroon’s ratifying and enforcing various international human rights treaties, protecting the rights of children, women and LGBTQ people and other topics.

However, only the following 14 countries specifically addressed the current conflict between the Francophone-Anglophone communities:

Australia. Concerned about “recent violence between Cameroon security forces and protesting minority groups in [its] South-West and North-West [regions].” Recommends Cameroon “lift unnecessary restrictions on freedom of assembly, investigate alleged excessive use of force in disbursing demonstrators and assure arrested protestors receive fair trials.”
Austria. Concerned about “deterioration of the situation of the communities in the Anglophone regions of the country.” Recommended “ending the practice of secret detentions and ensure that no one is detained in a secret site, including unregistered military detention sites.” Recommended Cameroon “engage in a dialogue at the policy level with representatives of the Anglophone communities so as to identify appropriate measures to adequately respond to the violence affecting the South-West and North-West regions.”
Belgium. Concerned about “repressive approach in the Anglophone regions of Cameroon that runs the risk of exacerbating violent tendencies when there is a need for dialogue.” Recommended that Cameroon “take appropriate measures to ensure that the security forces act in compliance with laws and international human rights standards, conduct “independent and transparent inquiries on allegations of excessive use of force and bring perpetrators to justice.”
Canada.. Expressed “condolences to families of victims of violence… especially … as a result of tensions linked to claims of Anglophone community in North-West and South-West. Recommended that Cameroon “engage in sustained dialogue with representatives of the Anglophone community in North-West and South-West so as to provide consensus-based solutions while upholding human rights.”
Chile. Concerned with “general crime environment that exists in the English-speaking areas of the country as well as the accepted use of force against protestors in these regions.”
Czech Republic. Recommended “investigation of alleged torture and other ill treatment of other detained persons and incommunicado detainees.” Recommended “recognition of the right of citizens to express their views in dealing with programs of the English-speaking provinces.”
Germany. Concerned about reports of “violations of freedom of press and assembly, especially in the English-speaking areas of the country.”
Haiti. Recommended “effective implementation of the official Bilingualism Policy in consultation with all stakeholders to ensure equal treatment of the English-speaking minority.”
Honduras. Recommended “effective implementation of the Bilingualism Policy so as to ensure the English-speaking population does not suffer discrimination in employment, education and access to legal services.”
Republic of Korea. Recommended that Cameroon “redouble its efforts for the full and effective implementation of the official bilingual policy and ensure that the Anglophone minority are not subject to inequality in access to public services, administration of justice and freedom of speech. “
Slovakia. Concerned by “reports of human rights violations and abuses such as arbitrary arrest and extrajudicial executions by government forces and armed forces against members of the country’s Anglophone minority.”
Switzerland. Concerned by “violations of fundamental freedoms in the framework of the Anglophone crisis and anti-terrorism efforts. Demonstrations have been violently repressed and arbitrary arrests and detentions in difficult conditions have been made. “ Recommended that Cameroon’s “anti-terrorism law be reviewed and amended to ensure it is not used to restrict freedom of expression, association and assembly. “Recommended that “any reported cases of violations or abuses by Cameroon’s security forces are subjected to independent inquiry and prosecution.”
United Kingdom. Noted that “the Anglophone crisis has led to violence and disruption to many people and urged the government and all parties to fully respect and guard human rights.” Recommended that the government “allow various international agencies to have access to Anglophone separatists leaders extradited by Nigeria and held incommunicado by Cameroon since January 2018.”
United States. U.S. expressed concern over ”credible allegations of human rights violations and abuses by security forces. We call on the government to credibly investigate these allegations and hold those responsible to account. We are also concerned by reports of harassment and intimidation of youth, civil society, journalists, and opposition leaders, particularly in the Northwest and Southwest Regions, as well as restrictions on the rights of peaceful assembly and freedoms of association and expression.” (Emphases added.)

The U.S. also called on the Cameroon government “to respect the human rights of everyone, including the 47 [Anglophone] Cameroonians forcibly returned from Nigerian custody to Cameroonian authorities in January. We expect the government of Cameroon to afford all individuals detained all of the rights and protections provided under domestic and international law.” (Emphasis added.)

Finally the U.S. made these recommendations: “(1) Acknowledge and investigate credible allegations of human rights violations and abuses, and hold those responsible to account.(2) Respect the rights of peaceful assembly, and freedoms of association and expression, including when exercised online, and afford all of those detained all the rights enshrined in Cameroon’s constitution and under international law. (3) Decriminalize consensual same-sex sexual relations and immediately cease targeted discrimination and violence against LGBTI persons.”[2]

It also is noteworthy that France, which governed what is now the Francophone area of Cameroon after World War I until 1960, made comments without saying anything about the current Francophone-Anglophone conflict. Nor did two members of the troika for this UPR—Iraq and South Africa—while the third member of that group—United Kingdom—did as noted above.

Cameroon Government’s Response

At the end of the hearing, Cameroon’s Foreign Minister made a lengthy response to the many comments made by the other countries. He ended those remarks with the following extensive comments about the “Anglophone problem.”

“After World War II, under U.N. supervision, we obtained independence from France and the United Kingdom and created a single country by merging the two colonial states. There were not separate English-speaking and French-speaking countries, and now these linguistic groups have merged and are mixed and cannot be separated.”

“At the end of 2016 there was a corporate clamor by lawyers and teachers’ unions in the South-West and North-West. The government responded to these claims, and now no unions are making claims.”

“Some extremists used the unions claims to question the structure of the state by arguing for federalism. But the Constitution did not permit federalism. Instead the President asked for dialogue. Thus, the Prime Minister and Head of government intervened to conduct dialogue with the North-West and South-West. This resulted in a major decision to create the Commission for Bilingualism and Multiculturalism, which recognized the country was a multi-ethnic state with different linguistic communications.”

“Nevertheless, the extremists continued to commit acts of violence—burning houses, kidnapping, rape and destructive calls for hatred of communities.”

“But there is no Anglophone problem as such. Instead the government is working for some decentralization without giving in to the violence. There has been progress in these efforts. Not all are asking for a separate country.”

“The states in the North-West and South-West maintain law and order and seek to protect the people against abuses and to assure freedom of expression and movement without violence.”

“Some of the protesters have treated law enforcement officers like animals by cutting off their arms and feet. No one will tolerate this.”

“There are no extrajudicial executions.”

“Pursuant to Cameroon’s extradition treaty with Nigeria, Cameroon requested, and Nigeria granted, extradition of 47 Cameroonians who had committed acts of terrorism in Cameroon. They are not refugees. In Cameroon they are properly housed and will answer to the rule of law with assistance of counsel. They were not arbitrarily arrested. Instead they were arrested in Nigeria pursuant to international arrest warrants.”

“There is freedom of expression in Cameroon marked by openness in media. There are 1,200 publications, 25 private television channels, 25 private cable channels and 107 private radio stations. This freedom of expression has been enhanced by a 2015 law about electronic communications and the creation of a special fund for audio-visual communications.”

“In 2017 there was a temporary suspension of the internet in the North-West and South-West due to some messages promoting violence. On April 20, 2017 the Minister of Communications advised global operators to reset connections.”

Conclusion

The final stage of the Cameroon UPR will take place in September 2018, at which time the final report will be presented by the Troika.

The comments about the Francophone-Anglophone conflict by 14 countries and by the Foreign Minister’s concluding comments will be discussed in a future post. Another post will address this blogger’s general reactions to the UPR process that are raised by his review of the recent UPR process for Cameroon and for Cuba.

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[1] U.N. Human Rts. Council, Cameroon Review—30^th Session of Universal Periodic Review (May 16, 2018) The following quotations and analysis of the comments by the Cameroon Foreign Minister and by U.N. members are based upon listening to their recorded comments in English or translated into English by U.N. interpreters when some of their voices were difficult to hear or understand. Thus, there may be errors in the following account of their comments. The exception is the U.S. which published its comments on the website for the U.S. Mission to the U.N., Geneva.

[2] U.S. Mission, Geneva Switzerland, U.S. Statement at the UPR of Cameroon (May 16, 2018).

Cameroon’s Human Rights Record Being Subjected to Universal Periodic Review by U.N. Human Rights Council: The Pre-Hearing Papers

This year Cameroon’s human rights record is a subject of its third Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. A prior post reviewed the nature of the UPR process. Now we look at the pre-hearing papers for this UPR while future posts will cover the May 16 UPR hearing and then the results of the UPR.

Cameroon’s Third UPR Pre-Hearing Papers

Prior to the May 16, 2018, hearing on Cameroon’s UPR, the following materials have been translated from their original language into five other languages and made available on the Council’s website: (a) Cameroon’s National Report to the Council; (b) the U.N. High Commissioner for Human Rights’ Compilation of U.N. Information on Cameroon; and (c) the Council’s Working Group on the Universal Periodic Review’s Summary of Stakeholders’ submissions on Cameroon.

Cameroon’s National Report[1]

In the section “Implementation of recommendations from previous cycles,” it discussed ratification of various international human rights instruments, including the following: (a) persons charged with the crime of genocide under the Code of Military Justice “shall be tried by the military courts;” (b) the instruments for the ratification of the Optional Protocol to the [Torture convention] are being deposited; (c) the International Convention for the Protection of All Persons from Enforced Disappearance has been signed and is in process of ratification.

Paragraph 66 states, “the 2016/17 school year has been subject to some disruptions in the North-West and South-West regions occasioned by the actions taken by a number of trade unions, including teachers’ unions.” (Emphasis added.)

Paragraph 98 states, “Efforts to ensure access to justice have included the continuation of mobile court hearings in areas where there are no established courts to speak of.” (Emphasis added.)

Paragraph 112, it stated, “The realization of human rights in Cameroon is a work in progress, as security and economic constraints still limit their enforcement in certain areas. . . . In October 2017, there were around 236,000 internally displaced persons and 332,000 refugees scattered throughout the East, Adamaoua and Far North Regions of Cameroon. (Emphasis added.)

Paragraph 113 stated, “The social crisis in the North-West and South-West Regions, which was triggered in late 2016 by the mobilization of a number of teachers’ and lawyers’ unions, has also interfered with the enforcement of certain human rights.” (Emphasis added.)

Paragraph 115 states, “Dialogue, the obligation to preserve the integrity of the national territory, its people and their property, as well as to promote conciliation, have shaped the response to the aforementioned social crisis. If the crisis is to be resolved, all persons must show good will in working to live together more harmoniously. To this end, in addition to the steps taken to address the demands made by these unions, the institutional framework has been enhanced by the establishment of the National Commission for the Promotion of Bilingualism and Multiculturalism (annex 16).” (Emphasis added.)

Paragraph 116 states, “increased support in the fight against terrorism and a more equal sharing of the burden of caring for refugees and managing internally displaced populations are being requested, as is increased support for national efforts to consolidate social harmony.” (Emphases added.)

U.N. Information about Cameroon[2]

This report summarized comments about Cameroon from various U.N. agencies, including the following comments relating to the Francophone-Anglophone disputes:

“In November 2017, several special procedure mandate holders warned the Government of Cameroon to engage with representatives of the anglophone population in a meaningful political dialogue and halt renewed violence in the south-west and north-west, where the country’s anglophone minority was reportedly suffering worsening human rights violations. They urged the Government to adopt all necessary measures consistent with Cameroon’s human rights obligations to end the cycle of violence. Up to 17 people had reportedly been killed and dozens wounded and arrested in demonstrations in the country’s anglophone regions since 1 October 2017. The special procedure mandate holders were disturbed by reports of a series of measures taken by the national authorities, including curfews, a ban on public meetings, and other restrictions aimed at preventing peaceful protests. Excessive use of force by the security services, injuries, mass arrests, arbitrary detentions, torture and other ill-treatment had been reported.” (Para. 22; emphasis added.)
“The special procedure mandate holders asked the Government to take effective measures to prosecute and sanction all those responsible for such violations. The appeal for . . . action came nearly a year after other United Nations human rights experts publicly urged the Government to halt violence against the anglophone minority, following reports that anglophone protesters in Buea and Bamenda had suffered undue force. The special procedure mandate holders also denounced any use of violence against members of the security forces, after reports that several had been killed. Since December 2016, the special procedure mandate holders have repeatedly raised concerns directly with the Government of Cameroon, and continue to monitor and seek clarification of the alleged human rights violations in the north-west and south-west of the country.” (Para. 23; emphases added.)
“The Human Rights Committee raised its concern at the alleged existence of secret detention facilities that were not subject to oversight of any kind.” (Para. 26.)
“The Committee against Torture recommended that Cameroon put an end to the practice of incommunicado detention and ensure that no one is detained in secret or unauthorized places, including unlisted military detention centers. Cameroon should investigate the existence of such places and detainees should be released or transferred to official places of detention.” (Para. 27.)
“The Committee against Torture stressed that the State should ensure that all allegations of excessive use of force, extrajudicial executions, ill-treatment and arbitrary arrest by State officials during or after the demonstrations in the anglophone region are the subject of an impartial investigation, that those responsible are prosecuted and, if found guilty, punished, and that victims obtain redress.” (Para. 28; emphasis added.)
“The Committee against Torture requested Cameroon to put in place, as soon as possible, a programme to protect witnesses and victims of torture. (Para. 29; emphasis added.)
“The Human Rights Committee urged Cameroon to lift any unnecessary restrictions on the freedom of assembly and the freedom to demonstrate, in particular for members of the country’s English-speaking minority.” (Para. 33; emphasis added.)
“UNESCO noted that Cameroon had suspended Internet services in the country’s Northwest and Southwest regions after a series of protests that had resulted in violence and the arrest of community leaders.” (Para. 37; emphasis added.)

Stakeholders’ Submissions[3]

Sharp criticisms of Cameroon from various groups were registered in 54 paragraphs. The following focused on human rights violations against Cameroonian Anglophones.

“Southern Cameroons Public Affairs Committee indicated that the Anglophone minority suffered a policy of ongoing discrimination, including the prohibition of the use of their language in daily public life. It further noted that discrimination has been used in various sectors including education, employment and access to justice. It recommended ending discrimination and the harassment of Anglophones and adopting an antidiscrimination legislation and policy.” (Para. 10; emphasis added.)

“Plateforme EPU noted the adverse consequences that the crisis in the Englishspeaking parts of the country has had on the economy, in particular because of the shutdown of Internet access for several months.” Para. 15; emphasis added.)

“JS2 noted that the anti-terrorism legislation allowed for Cameroonian to be charged in military courts and to face death penalty if their sponsored terrorism, which contravenes the right to a fair trial. JS2 was concerned by the lack of impartiality and independence of the military courts as well as the vague definition of terrorism. It recommended revising the anti-terrorism bill in accordance with international human rights obligations. Amnesty International raised similar concerns and urged Cameroon to provide a definition of terrorism in line with international human rights standards and to limit the use of the military courts.” (Para. 18; emphasis added.)

“JS4 expressed concern about the increase in the number of death sentences being handed down by Cameroonian courts, especially in the northern part of the country.JS4 criticized the vague, general laws on terrorism, which are used as grounds for arresting defenders of the rights of the English-speaking minority.JS4 noted that persons on death row in Cameroon are denied their rights and are subjected to inhuman treatment and torture. JS4 recommended that Cameroon should take all necessary steps to amend the counter-terrorism law of 2014 and the Penal Code of 2016 to eliminate the death penalty. JS4 also recommended that the authorities should ensure that the rights of persons sentenced to death are respected, in particular by ensuring that proceedings are conducted transparently and that defendants are assisted by counsel.” (Para. 19; emphasis added.)

“The Southern Cameroons Public Affairs Committee reported that security forces have been using excessive force toward citizens, including torture and harass, and arbitrary arrested and detained incommunicado for prolonged periods without trial. It recommended ending all use of arbitrary arrest and detention of citizens, and use of torture or other cruel treatment. It further urged that Cameroon investigate into allegations, and prosecute those responsible for the violence against Anglophones.” (Para. 20; emphases added.)

“JS2 noted that many persons were arbitrary arrested and held in horrific conditions following the riots in the English-speaking regions of country. JS2 urged Cameroon to work with the judicial system to ensure detention periods are not excessive, subject the conduct of arrests to strict conditions and to ensure that national criminal legislation on arrest is compatible with international human rights standards.” (Para. 23; emphasis added.)

“Plateforme EPU pointed out that some individuals are still being held illegally in prisons in the wake of the crisis in the English-speaking parts of the country.” (Para. 24; emphasis added.)

“SCAPAC indicated that English language was excluded in courts and that Anglophones have been deprived of access to justice and an effective justice remedy. SCAPAC further noted that many Anglophone detainees are not informed of the charged for which they were accused. (Para. 26; emphases added.)

“JS7 noted that in 2017, the government ordered the suspension of internet services in the Northwest and Southwest Anglophone regions of Cameroon, following the protest against the dominance of French language in Cameroon. It recommended that Cameroon refrain from shutting down internet communication, take actions to adopt a law on access to information and further implement legal safeguards to prevent unlawful surveillance.” (Para. 28; emphasis added.)

“JS2 and JS5 noted that Cameroon continues to show high levels of intolerance towards human rights defenders who are critical of the government, especially in the context of the Anglophone crisis.” (Para. 31; emphasis added.)

“Amnesty International noted that Cameroon have continued to restrict the rights to freedom of expression, association and peaceful assembly, in particular during the protests in the Anglophone regions.” (Para. 32; emphasis added.)

“The Committee to protect journalist (CPJ) regretted that criminal defamation legislation against journalist continues to exist in Cameroon. CPJ noted that Cameroon is using the anti-terror law to prosecute journalist in military court, in particular since the unrest in English-speaking regions. It was concerned by the overly broad provisions of the law and the potential abuse of political opponents and the right to freedom of expression.” (Para. 33; emphasis added.)

“SCAPAC noted that Cameroon has taken measures to exclude Anglophones from participation in government and employment in the public services and to shut down the internet in the South in violation to the right to free speech and access to information. It recommended to release journalists and to ensure a favorable climate for the activities of human rights defender. The Law Society of England and Wales found it regrettable that the anti-terrorism law is used to bring proceeding against human rights defenders. It recommended that Cameroon should respect the rights to freedom of association and assembly and provide human rights defenders the protection required to carry out their functions. Plateforme EPU made the same observations on the counter-terrorism law and expressed concern about the law’s adverse effects on freedom of expression.” (Para. 35; emphasis added.)

“CPJ also noted that Cameroon led an internet shutdown in the English-speaking regions and suspended broadcast permission for several Medias. It recommended Cameroon to ensure an environment conducive to press freedom by revising the antiterrorism law and decriminalizing defamation. It further recommended that Cameroon ensure that arrests and detention comply with international human rights law and to maintain internet access across the entire country.” (Para. 36; emphasis added.)

“In the context of the government’s response to the Anglophone crisis, Front Line Defenders reported the deteriorating environment for the activities of human rights defenders in Cameroon. It also noted that human rights defenders were victims of threats, intimidation, smear campaigns and physical attacks.87It regretted the adoption of the antiterrorism law, which further increase the chance for human rights activist to be charged in military courts and to face the death penalty. It also noted the continued violation of freedom of assembly. Front Line Defenders urged Cameroon to review and amend the 2014 anti-terrorism law to ensure that its provisions are not used to restrict freedom of expression or association and to take actions to put an end to the arbitrary arrest and detention of human rights defenders. It further recommended that Cameroon guarantee the exercise of the right to freedom of peaceful assembly and a safe environment for human rights defenders by ending the harassment against human rights defenders and bringing perpetrators to justice. Plateforme EPU made the same observations concerning infringements of freedom of expression and of the rights of human rights defenders.” (Para. 37; emphases added.)

“The Southern Cameroons Public Affairs Committee further indicated that Anglophones have been marginalized and assimilated in the sphere of education. It recommended to protect linguistic heritage of the Anglophones and ensure that education is adapted to their cultural heritage.” (Para. 44; emphasis added.)

Advance Questions for Cameroon[4]

The following advance questions were submitted by other Council members:

*Member*	*Questions*
Belgium	1.Does Cameroon plan to sign and ratify the UN human rights conventions to which it is not yet party? 2.Does the Cameroonian Government plan to ratify the Rome Statute of the International Criminal Court, the APIC or align its national legislation with the Rome Statute? 3.In the previous UPR, Belgium recommended that Cameroon investigate cases of police violence against persons because of their actual or perceived sexual orientation. What measures has the Cameroon authorities taken in this regard? 4. How does the Cameroonian government guarantee freedom of expression on the Internet in all parts of the country? 5. Does the Cameroonian government intend to continue the de facto moratorium on the execution of the death penalty, including the application of the anti-terrorism law? 6. What measures is the Government of Cameroon taking to put an end to the escalation of violence, arbitrary arrests and ill-treatment of State agents in the English-speaking areas of the country, and to ensure that after an independent investigation and impartial, those responsible are prosecuted and victims get redress? (Emphasis added.)
Brazil	1.The Committee on the Elimination of Discrimination against Women (CEDAW) has expressed concern about the persistence of gender-based violence. What efforts is Cameroon planning to make to address this situation and improve the socio-cultural status of women? 2.What measures is Cameroon taking to protect children from sexual exploitation, violence, and early or forced marriages?
Germany	1.In the past, repeated allegations for violating human rights have been made against the security forces of Cameroon. How does the government ensure that human rights standards are met by the police and the military? (Emphasis added.) 2.What position does the Cameroonian government have towards international criminal law? Will there be any steps to ratify the Rome Statute in the near future? 3.The humanitarian situation in Cameroonian prisons has worsened in recent years due to progressive overcrowding. What measures is the Cameroonian government planning to improve in the short and medium term?
Liechtenstein	1.What steps has Cameroon taken to ratify the Rome Statute in its 2010 version? 2.What steps has Cameroon taken to join the Code of Conduct regarding Security Council action against genocide, crimes against humanity or war crimes, as elaborated by the Accountability, Coherence and Transparency Group (ACT)?
Portugal	1.Does Cameroon plan to sign and ratify the UN human rights conventions to which it is not yet party? 2.Has the State under review established a “national mechanism for implementation, reporting and follow-up” covering UPR recommendations, but also recommendations / observations made by the Treaty Organs? Human Rights, Special Procedures and relevant regional mechanisms? If so, could the State under review briefly share its experience in establishing such a mechanism, including difficulties encountered and lessons learned, as well as plans or needs for strengthening the mechanism in the future?
Slovenia	1.With regard to our recommendation from the 2nd cycle of the UPR on the elimination of female genital mutilation, we would like to request information on the efforts taken by the government in this regard. 2.When will the government establish the minimum age for marriage as 18 for both girls and boys?
United Kingdom of G.B. & N. I	1.What steps has the government of Cameroon taken to complete an investigation into security forces’ handling of peaceful student protest at the University of Buea on 29 November 2016, to hold to account those responsible and to support victims? (Emphasis added.) 2.What steps will the government of Cameroon take to address human trafficking, particularly of young women, for forced labor and sexual exploitation? 3.What steps is the government of Cameroon taking to ensure fair trials for Anglophone detainees and separatist leaders extradited from Nigeria who have been held incommunicado since January this year? (Emphasis added.) 4.What steps is the government taking to promote freedom of expression, including improving access to information and ensuring a free media.

Conclusion

This blogger’s Cameroonian friends have emphasized that their Francophone brothers and sisters constitute roughly two-thirds of the population and control the central government; that Francophone teachers who do not know the English language are being sent into schools in the Anglophone areas of the country and forcing students to take examinations in the French language which they do not know; that Francophone judges who do not know the English language and the laws of the Anglophone areas are also being sent into these areas and deciding cases under French-language laws; and that the central government’s military forces are being sent into Anglophone areas and destroying villages and crops, thereby forcing those individuals to flee into nearby cities.

As a result, this post has emphasized the allegations of human rights violations being suffered by the Anglophones.

Future posts will examine the hearing and the final report.

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

[1] U.N. Hum. Rts. Council, National report: Cameroon (Mar. 5, 2018) https://documents-dds-

[2] U.N. Hum. Rts. Council, Compilation on Cameroon: Report of the Office of the U.N. High Commissioner for Human Rights (Mar. 12, 2018).

[3] U.N. Hum. Rts. Council, Summary of Stakeholders’ submissions on Cameroon (Feb. 28, 2018).

[4] U.N. Hum. Rts. Council, Advance Questions to Cameroon (First Batch); U.N. Hum. Rts. Council, Advance Questions to Cameroon (Second Batch).

Cuba’s Universal Periodic Review Hearing by the U.N. Human Rights Council

On May 16, the U.N. Human Rights Council in Geneva, Switzerland held a 210-minute public hearing on its third Universal Periodic Review (UPR) of Cuba’s human rights record. The hearing consisted of Cuba’s report by its Foreign Minister, Bruno Rodriguez, and other Cuban officials; comments and recommendations by 140 countries (50 seconds each for a total of approximately 117 minutes); and responses by the Cuban officials.

Before the hearing,, the Council received Cuba’s human rights report, a summary of U.N. information about Cuba, reports from stakeholders (human rights organizations and others); and advance questions from some U.N. Members. The 224 submissions from stakeholders, for example, included around 17 that said Cuba’s constitutional and legislative framework “guaranteed the enjoyment of all human rights and fundamental freedoms.” The Cuban Human Rights Observatory, and others, on the other hand, said that Cuba had not undertaken any reforms to promote the exercise of political freedoms.[1]

Cuban Government’s Report[2]

“From the times of the US military occupation, which severed our independence, under the governments it imposed, 45 per cent of children did not attend schools; 85 per cent of persons lacked running water; farmers lived in abject poverty without ever owning the land they tilled and immigrants were brutally exploited. In Cuba [during those years], workers and farmers had no rights. Extrajudicial execution, enforced disappearances and torture were recurrent. Discrimination based on the color of the skin was brutal; poverty was rampant and women and girls were even more excluded. The dignity of Cubans was tarnished and Cuba’s national culture was trampled upon.” (Emphasis added.)

“The Cuban Revolution led by Commander in Chief Fidel Castro Ruiz transformed that reality and continues to strive to improve the quality of life, wellbeing and social justice for all of our people, thus implementing all human rights. That willingness to protect human dignity, provide equal opportunities and ‘conquer all the justice,’ has remained unchanged and unswerving until today.”

“Our country has continued to take steps to further improve its economic and social development model with the purpose of building a sovereign, independent, socialist, democratic, prosperous and sustainable nation by strengthening the institutional structure of our political system, which is genuinely participatory and enjoys full popular support.”

In accordance with the Constitution, we have continued to strengthen the legal and institutional framework for the protection and promotion of those rights, and we have introduced modifications and proposals adapted to the needs and realities of the Cuban society and international standards. The attention to citizens has been equally improved by means of the expansion of the mechanisms, ways and recourses in the hands of the population to denounce any infringement of the legal system or their rights; file claims or petitions to the competent authorities; channel up their opinions and concerns and actively participate in the adoption of government decisions.”

The Foreign Minister then provided more details about Cuba’s “protection of the right to life. . .; law enforcement authorities . . . [being] subject to rigorous control processes and popular scrutiny.; . . .There has been no impunity in the very few cases of abuses involving law enforcement agents and officials;” no traffic in firearms; continued strengthening of “people’s participation in government decision-making and the exercise of the freedoms recognized under the Constitution and the law;” increased “effectiveness of the control exercised by all citizens over the activity of state organs, elected representatives and public officials;” advancing “the promotion of the right to full equality; in the struggle against elements of discrimination based on the color of the skin and against women;” and increasing “support to prevent and cope with manifestations of discrimination based on sexual orientation and gender identity.” He also mentioned increases in numbers of civil society organizations, and said defenders of human rights enjoy government recognition and support.

However, in Cuba, “the legal system cannot be infringed upon or subverted to satisfy a foreign agenda that calls for a change of regime, the constitutional order and the political system that Cubans have freely chosen. Those who act this way are not worthy of being described as human rights defenders; they rather qualify as agents to the service of a foreign power, according to many western legislations. (Emphasis added.)

Cuba has continued to strengthen its cooperation with the UN mechanisms that take care of these issues. . . We have strictly complied with all . . . 44 of the 61 international human rights instruments [into which we have entered.]”

“Cuba has continued to promote initiatives at the [U.N.] Human Rights Council and the Third Committee of the UN General Assembly, for the defense of human rights, including the rights to development and peace. We have consistently opposed every attempt to politically manipulate said bodies; selectivity as well as double standards.”

Likewise, “huge efforts are being made, amid adverse financial conditions, to preserve the purchasing power of salaries and pensions, improve access to food, adequate housing and public transportation, while preserving and even enhancing the quality of universal and free education and public health. No one will ever be left to his or her own fate in Cuba.”

“We cannot but mention our condition as a small island developing country, faced with an unfavorable international economic situation, characterized by the prevalence of irrational and unsustainable patterns of production and consumption; market regulations and non-transparent and less than democratic international financial institutions. Added to this are the adverse effects of climate change and the impact of natural disasters of high intensity on our economy. Substantial resources should be invested to cope with them. (Emphasis added.)

“The strengthening of the economic, commercial and financial blockade imposed by the United States against Cuba and its extraterritorial implementation causes deprivations and continue to be the main obstacle to the economic and social development of the country. This unjust policy, which has been rejected by the international community, violates the purposes and principles of the UN Charter and International Law and represents a flagrant, massive and systematic violation of the human rights of our people, thus qualifying as an act of genocide under the Convention for the Prevention and Punishment of the Crime of Genocide of 1948.” (Emphasis added.)

“We demand the return of the territory usurped by the US Naval Base in Guantánamo, where the United States maintains a detention camp in which serious human rights violations and acts of torture are committed.”(Emphasis added.)

“The political and media campaigns against Cuba, which distort our reality, intend to discredit our country and conceal Cuba’s undeniable human rights achievements.“ Emphasis added.)

We are opened to dialogue and will offer all the necessary information based on the respect and objectivity that should characterize this exercise, in which there should be no double standards or politically motivated manipulations, which we will not accept, because, as was expressed by the President of the Council of State and Ministers, Comrade Miguel Díaz-Canel Bermúdez on April 19, “there is no room for a transition that ignores or destroys the legacy of so many years of struggle. In Cuba, by the decision of the people, there is only room for the continuity of that legacy with the Revolution and the founding generation, without giving up to pressures, without fear and setbacks, always defending our truths and reasons, without ever renouncing sovereignty and independence, development programs and our own dreams.” (Emphasis added.)

Other Countries Comments and Recommendations[3]

During the hearing a total of 339 recommendations, many of which are repetitious, were made. Many countries, especially those friendly with Cuba like Russia and China and developing countries, made no recommendations at all. Others were more critical: members of the European Union (EU), United States, Japan, Canada, but also Mexico, Peru, Costa Rica, Brazil, Chile and Uruguay. Gabriel Salvia, the General Director of the Center for the Opening and Development of Latin America, said, “It is a great step forward for more Latin American countries to point out the human rights situation in Cuba,”

Near the end of this section of the hearing, the U.S.’ 50-seconds were the sharpest against Cuba.[4] Michele Roulbet, the U.S. delegate, said:

“The April presidential transition again robbed the Cuban people of any real choice in shaping their country’s future; the same actors are in charge, many just with different titles, selected in a process that was neither free nor fair. The government stacked the system against independent candidates, none of whom were able to run for seats in the National Assembly, which selected the president.”
“The Cuban government continues to criminalize independent civil society and severely restricts the freedoms of expression, association, religion or belief and the right of peaceful assembly. It routinely applies laws to silence journalists and critics, and punishes those working to expand access to information and freedom of expression for those in Cuba.”
In an “attempt to silence opposition voices, the government reportedly continues to use arbitrary and politically motivated detentions, torture, harassment, and travel prohibitions. Recent examples of this include those who attempted to monitor the undemocratic presidential transition; those who have advocated for political change; and those who were prevented from participating in the 2018 Summit of the Americas in Lima and this UPR process.”

The U.S. then made the following three recommendations to Cuba: (1) “Reform its one-party system to allow for genuinely free and fair multi-party elections that provide citizens with real choices [regarding their government. “(2) “Cease the practice of arbitrarily detaining journalists, opposition members, and human rights defenders, including preemptively, and adopt a legal framework that ensures judicial independence.” (3) “Release arbitrarily detained or imprisoned individuals who were detained and imprisoned for peaceful assembly, investigate and report on government activity, or express political dissent, and allow them to travel freely both domestically and internationally.”

About midway through this section, Cuba responded to some of the criticisms. It denied the existence of political prisoners in Cuba, restrictions on the right to strike, or even the obstacles to travel freely, while insisting on the independence of the justice system. Cuban. Foreign Minister Bruno Rodríguez described the alleged dissidents and human rights activists as “agents of a foreign power,” a regular practice of the regime to attempt to discredit opponents.

Cuba’s Closing Comments[5]

Foreign Minister Rodriguez in his final statement at the hearing said, “It is regrettable that certain countries are continuing to manipulate the human rights question for political ends, to justify the embargo on Cuba and ‘regime change.’ hey have no moral authority and on the contrary are the perpetrators of extensive, well documented and unpunished violations of human rights; they ride roughshod over the aims of the Universal Periodic Examination and persist in selectivity, double standards and the politicization of human rights.” (Emphasis added.)

“These practices, which in recent years have started to reemerge, discredited the [former U.N.] Commission on Human Rights and prompted its replacement by this Council. We will be on a retrograde path if we allow such deviant practices to be consolidated in the Council’s work. Respectful dialogue reflecting the principles of objectivity, impartiality and non-selectivity; and the respect for each people’s self-determination, its right to decide its own political, economic, social and cultural system, and its development model, are the cornerstone of international cooperation in this area.” (emphasis added.)

“A small number of the recommendations have an interventionist character, contrary to the spirit of cooperation and respect on which this exercise is based. One of the recommendations is strange: it is the United States which is prohibiting its citizens from travelling to Cuba and restricts their freedom to travel; it is Washington which is denying Cubans, Cuban families, consular services and visa issue at its embassy in Havana.” [These recommendations will be rejected.] (Emphasis added.)

We are keeping to our “socialist and democratic revolution, with the humble and for the humble” proclaimed by Commander-In-Chief Fidel Castro and inspired by José Martí’s brotherly formula: “With everyone and for the benefit of everyone”.

U.S.-Cuba Subsequent Conflict Over Cuba’s UPR[6]

Immediately after the Geneva hearing, from the U.S. Mission to the U.N. in New York City, U.S. Ambassador to the U.N., Nikki Haley, issued a statement. It said that the UPR process expects countries “to allow independent civil society organizations to fully and freely participate in their UPR process. However, the Cuban government blocked independent Cuban civil society members from traveling to Geneva to participate in their review process, just as they did last month when they blocked Cuban civil society members from traveling to Peru to participate in the Summit of the Americas.” (Emphasis added.)

Ambassador Haley added, “A country with a human rights record as abysmal as Cuba’s is no stranger to silencing its critics. But the Cuban government can’t silence the United States. We will continue to stand up for the Cuban people and get loud when the Cuban government deprives its people of their human rights and fundamental freedoms and robs them of free, fair, and competitive elections, denying them the opportunity to shape their country’s future.” (Emphasis added.)

Meanwhile the live webcast of the hearing was watched in Miami by some Cuban-Americans, who were gathered at the headquarters of the Cuban Democratic Directorate, whose website says, “Since its inception in 1990, the Cuban Democratic Directorate has been characterized by a consistent and cohesive strategy for liberty and democracy in Cuba.” The Miami-based Foundation for Human Rights in Cuba, which was established in 1992 “to promote a nonviolent transition to a free and democratic Cuba with zero tolerance for human rights violations,” complained that Cuba had flooded the Office of the U.N. High Commissioner for Human Rights with letters sent by Communist Party organizations, the Cuban Women’s Federation and other organizations affiliated with the government that contained “absurd praise about the Cuban system.”

Remaining Steps in Cuba’s UPR[7]

Following the UPR hearing, Cuba this September will submit a formal response to the recommendations, and the Working Group then will prepare a draft of the Outcomes Report. This report will provide a summary of the actual discussion, including the questions, comments and recommendations made by States to Cuba, as well as the responses by the Cuban Government.

Such outcome reports are not all that illuminating. For example, the one for Cuba’s prior review in 2013, which probably will be a lot like the one forthcoming for this latest review,[8] contains a summary of the hearing–presentation by Cuba (para. 5-26), interactive dialogue and responses by Cuba (paras. 27-169)—and a mere sequential listing of the repetitive recommendations made by the states at the hearing (paras. 170.1-170.291) although there also is an integrated more useful 45-page “thematic matrix of the recommendations.”

Another document from 2013 set forth Cuba’s views on these conclusions and recommendations and its voluntary commitments. It listed many recommendations that “enjoy the support of the Government of Cuba;” others that have been noted by the Government; and the following 20 that did “not enjoy the support of the Government:”

*No.*	*Country*	*Recommendation*
170.136	Belgium	Adopt legislation to improve immigration & relations with Cuban diaspora
170.139	Belgium, Czech Repub., Slovenia	Implement legal safeguards to protect human rights defenders, journalists, against abuse of provisions for criminal prosecution & release all political prisoners
179.162	Belgium	Amend the Law of Criminal Procedure in order to avoid the cases of indefinite extension of the preliminary investigation
170.171	Romania, Estonia & Hungary	Remove restrictions on freedom of expression notably concerning the connection to the Internet; Reconsider all laws that criminalize or restrict the right to freedom of expression & right of internet freedom; Lift restrictions on rights to freedom of expression that are not in accordance with the Universal Declaration of Human Rights; ensure affordable & unhindered access to the internet for all.
179.172	Spain	Allow freedoms of expression, association &assembly; allow human rights associations to obtain legal status through inclusive and official registration
170.173	Switzerland	Lift restrictions hindering free expression & ensure that human rights defenders & independent journalists are not victims of intimidations or arbitrary prosecutions & detentions
170.174	U.K. & Northern Ireland	End measures to restrict freedom of expression & assembly including short-term detentions and use of criminal charges such as “precriminal social dangerousness”, “contempt” and “resistance”
170.175	Ireland	Repeal legislation relating to so-called “pre-criminal social dangerousness”
170.176	U.S.A.	Eliminate or cease enforcing laws impeding freedom of expression
170.177	France	Guarantee freedom of expression & peaceful assembly plus free activity of human rights defenders, independent journalists & political opponents
170.179	Canada	Take further measures to improve freedom of expression by allowing for independent media & improving access to information through public access to internet by taking advantage of the recent investment in the fiber optic network
170.182	Austria	Guarantee free, free & independent environment for journalists and ensure that all cases of attacks against them are investigated by independent & impartial bodies
170.183	Netherlands	End repression, investigate acts of repudiation & protect all persons who are targets of intimidation or violence
170.184	Poland	Liberate immediately & unconditionally all prisoners held in temporary detention or sentenced in connection with exercising their freedom of opinion & expression as well as freedom of assembly & association
170.187	U.S.A.	Release Alan Gross and imprisoned journalists such as Jose Antonio Torres immediately. [Gross was released on 12/17/14]
170.188	Australia	Stop limitations on civil society activities, including short-term detention of political activists
170,189	Germany	Stop harassment, intimidation & arbitrary detention of human rights activities
179.190	Hungary	Stop short-term detentions, harassments & other repressive measures against human rights defenders & journalists. Implement legal safeguards to ensure their protection against abuse of provisions for criminal prosecution
170.192	Australia	Reduce government influence & control over internet as part of a broader commitment to freedom of expression
170.193	Germany	End online censorship

The report finally has to be adopted at a plenary session of the Human Rights Council. During the plenary session, the State under review can reply to questions and issues that were not sufficiently addressed during the Working Group and respond to recommendations that were raised by States during the review. Time is also allotted to member and observer States who may wish to express their opinion on the outcome of the review and for stakeholders to make general comments.

Conclusion

After the final adoption of the Outcomes Report, the Council has no authority or power to compel Cuba to do anything. Instead, Cuba “has the primary responsibility to implement the recommendations contained in the final outcome.”

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[1] See these posts to dwkcommentaries.com: Cuba’s Human Rights Record Being Subjected to Universal Periodic Review by U.N. Human Rights Council (April 30, 2018); Advance Questions for Cuba’s Universal Periodic Review by the U.N. Human Rights Council (May 11, 2018).

[2] Cuba Foreign Ministry, Cuba will continue to build an ever freer, more democratic, just and fraternal society (May 16, 2018).

[3] ‘It is a great step forward for more Latin American countries to point out the human rights situation in Cuba,’ Diario de Cuba (May 16, 2018); Cuba Foreign Ministry, Cuba reiterates its commitment to cooperate with the UN human rights system (May 16, 2018); Havana warns that it will reject the recommendations of the UN with criticism of its ‘constitutional order,’ Diario de Cuba (May 18, 2018).

[4] U.S. Mission to U.N. (Geneva), U.S. Statement at the Universal Periodic Review of Cuba (May 16, 2018).

[5] Cuba Foreign Ministry, Cuba reiterates its commitment to cooperate with the UN human rights system (May 18, 2018); Havana warns that it will reject the recommendations of the UN with criticism of its ‘constitutional order,’ Diario de Cuba (May 18, 2018).

[6] U.S. Mission to U.N., Press Release: Ambassador Haley on Cuba’s Human Rights Record (May 16, 2018).

[7] U.N. Hum. Rts. Council, Basic facts about the UPR.

[8] U.N. Hum. Rts. Council, Report of the Working Group on the Universal Periodic Review: Cuba (July 8, 2013); U.N. Hum. Rts. Council, Report of the Working Group on the Universal Periodic Review: Cuba: Addendum: Views on conclusions and recommendations, voluntary commitments and replies presented by the State under review (Sept. 2013); U.N. Human Rts. Council, Matrix of recommendations.

Advance Questions for Cuba in Its Universal Periodic Review by the U.N. Human Rights Council

As summarized in a previous post, Cuba’s human rights record is now undergoing its third Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. That post also discussed Cuba’s national report, submissions by stakeholders (NGO’s and others), a summary of U.N. information about Cuba and information about a pre-session hearing. Now we look at the questions submitted to Cuba in advance of the Council’s hearing on May 16 and an unusual criticism of Cuba by the U.N. High Commissioner for Human Rights along with additional background information about the Council and the UPR.

Advance Questions for Cuba[1]

The following advance questions were submitted by other Council members:

*Member*	*Questions*
Belgium	1. When does the Cuban government plan to ratify human rights conventions to which it is not yet party? 2. Does Cuba plan to extend an open invitation to the special procedures of the Human Rights Council? 3. Will Cuba respond favorably to requests for visits by the Special Rapporteurs on Human Rights Defenders and Freedom of Expression, which have been pending since 2015 and 2016? 4. Does Cuba now guarantee access to independent lawyers to all persons deprived of their liberty? 5. What concrete actions has Cuba taken to release persons deprived of their liberty for political reasons.?
Brazil	1.How does Cuba guarantee the rights of the LGBTI? 2.How does Cuba ensure the independence and impartiality of the judiciary?
Germany	1.Does Cuba plan to ratify the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights? 2.What will Cuba do to enable independent journalism? 3.Identify blogs and websites currently blocked and the reasons for same. 4.Will Cuba abolish travel restrictions for persons on parole or for those in certain professions, including the medical sector? 5.Will Cuba establish an independent national human rights institution?
Liechtenstein	1.Will Cuba ratify the Rome Statute for the International Criminal Court in its 2010 version? 2.Will Cuba join the Code of Conduct for U.N. Security Council action against genocide, crimes against humanity or war crimes?
Malta	1.What steps has Cuba taken to increase the effectiveness of control by the people of the activities of States bodies, elected representatives and civil servants.?
Portugal	1.How does Cuba coordinate the implementation of UPR recommendations that it accepts? 2.How does Cuba coordinate the implementation of recommendations/observations by U.N. human-rights Treaty bodies and Special Procedures and by regional mechanisms?
Slovenia	1.Provide more information on how non-governmental organizations operate in Cuba and details on any consultation process with them.
Spain	1. Is Cuba reforming its Law on Associations and the Electoral Law to promote a higher level of inclusion and social participation? 2. Which multilateral instruments on Human Rights does Cuba plan to sign and/or ratify?
Sweden	1.Provide more information on Cuba’s prevention of trafficking in persons. 2.Provide more information on Cuba’s effort to improve internet access. 3.Has Cuba denied exit visas for human rights defenders and ndependent civil society members? 4.How will Cuba secure free and unrestricted travel for all of its citizens?
Switzerland	1.What did Cuba do to guarantee free and open participation of all citizens in its last election? 2.How many Cuban citizens were candidates in the election “without being a member of an officially recognized Cuban institution [e.g. Communist Party]? 3.Is Cuba broadening the list of legal private businesses (cuentapropistas)? Is Cuba reviewing the definition of cuentapropistas to include self-declared human rights organizations, independent journalists and bloggers and community-based organizations? 4.Will Cuba amend its constitution to eliminate the subordination of the Supreme court to the National Assembly and to the Council of Ministers? 5.How is the Cuban Criminal Code’s concept of “pre-criminal social dangerousness” interpreted? 6.How do families have transparent and open information about a family member who is a temporarily detained as an alleged criminal?
United Kingdom	1.Will Cuba allow the development of independent political parties, including their legal registration and participation in future elections? 2.How does Cuba ensure that all Cubans are able to participate fully in political and electoral processes? 3.Will Cuba end laws and policies that apparently give primacy to the principle of national unity? 4.Will Cuba move towards international independent verification of the condition of its prisons and detention facilities? 5.Will Cuba bring its laws into compliance with international human rights standards on freedom of expression, association and assembly?
U.S.A.	1. Will Cuba ensure that members of the political opposition, including independent candidates, can participate freely and without threats? 2. When will Cuba allow members of Ladies in White and all other citizens to exercise their rights to peaceful assembly and freedom of expression, religion and association? 3. How does Cuba ensure that those responsible for violations and abuses of human rights and labor rights (including members of the police, military and security services) are investigated and held responsible? 4. Will Cuba respect the rights of peaceful assembly and freedoms of assembly, expression and association of members of the Independent Union Association of Cuba and all other workers and representatives? 5. How is Cuba promoting access to information and access to an Internet that is open, interoperable, reliable, secure and affordable to its citizens?

U.N. High Commissioner’s Criticism of Cuba[2]

At a May 11 press briefing, a spokeswoman for the U.N. High Commissioner for Human Rights released statements of concerns about human rights in Cuba and four other countries. Here is what was said about Cuba:

“There are deeply worrying reports that officials in Cuba have prevented a number of human rights defenders and civil society representatives from boarding flights to travel to meetings abroad on the pretext of requiring more detailed identity checks. These measures have resulted in passengers missing their flights and therefore the meetings, which in some cases were organised by a UN entity.”

“So far this year, the UN Human Rights Office has received direct information relating to 14 cases of Cubans being told by officials that the computer system required extra screening. We are also aware of reports that dozens of other people may have been stopped in this way from travelling, allegedly with no explanation by the Cuban authorities as to why they were held up nor on whose orders”

“These cases suggest that these additional checks are being used deliberately as a form of intimidation, pressure and harassment against certain individuals. Civil society organizations have also told us that they were informed verbally by the authorities that their representatives would not be allowed to leave the island before June.”

“We have previously expressed our concern at the harassment and intimidation of human rights defenders in Cuba, including the arbitrary arrest and short-term detention of individuals, particularly before, during and just after demonstrations. “

“We call on the Cuban authorities to respect everyone’s right to freedom of expression and to freedom of movement, and to ensure that human rights defenders and civil society representatives are not unjustifiably prevented from travelling, including those planning to attend UN meetings, in particular the Universal Periodic Review of Cuba on 16 May in Geneva.”

“Article 13 of the Universal Declaration of Human Rights states that, ‘everyone has the right to leave any country, including his own, and to return to his country.”’Article 19 of the Universal Declaration states that ‘everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’”

“The UN Secretary-General presents an annual report to the Human Rights Council on intimidation and reprisals, and in October 2016 the Assistant Secretary-General for Human Rights, Andrew Gilmour, was designated to lead the monitoring and response to reprisals for cooperation or intimidation, including that which aims to discourage or prevent future co-operation with the UN system. Cuba was among the countries named in the last two reports.”

“The UN Human Rights Office will continue to monitor such cases to ascertain whether they merit inclusion in the next report.”

U.N. Human Rights Council Membership[3]

The Council is made of 47 U.N. Member States, which are elected by the majority of members of the U.N. General Assembly through direct and secret ballot. The General Assembly takes into account the candidate States’ contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard.

The Council’s Members serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The seats are allocated on the following geographical basis:

African States: 13 seats
Asia-Pacific States: 13 seats
Latin American and Caribbean States: 8 seats
Western European and other States: 7 seats
Eastern European States: 6 seats

The current members include Cuba and the United States, both of whose terms expire on December 31, 2019, while Venezuela is also a member with its term expiring on December 31, 2018.

Council’s UPR Working Group for Cuba’s UPR[4]

The UPRs are conducted by the Council’s 47 members acting as an UPR Working Group. In addition, any other U.N. Member State can take part in the review.

Each State’s review is assisted by a groups of three States, known as a “troika,” who serve as rapporteurs. The selection of the troikas for each State is done through a drawing of lots following elections for the Council membership in the General Assembly

For Cuba’s third UPR the Troika members are Egypt, Nepal and Peru.

The May 16 hearing will last three and a half hours, during which the state under review is given 70 minutes to present its report, as well as answer questions made by other states and present concluding remarks. The remaining 140 minutes are allocated to states participating in the review to ask questions, make comments and recommendations to the state under review.

The second stage of the process will be take place during the Council’s 39th period of sessions in September 2018, at which time the final report will be presented by the Troika.

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[1] U.N. Hum. Rts. Council, Advance Questions for Cuba (First Batch); U.N. Hum. Rts. Council, Advance Questions for Cuba (Second Batch); Hum. Rts. Council, Advance Questions for Cuba (Third Batch).

[2] U.N. High Comm. Hum. Rts., Press briefing note on Yemen, Cambodia, Cuba, Nicaragua and Montenegro (May 11, 2018); The UN denounces the blockade of the Cuban regime on the departure of human rights defenders, Diario de Cuba (May 11, 2018).

[3] U.N. Hum. Rts. Council, Background on Council Membership; U.N. Hum. Rts. Council, Current Council Members.

[4] U.N. Hum. Rts. Council, Basic facts about the UPR; U.N. Hum. Rts. Council, List of Troikas (20^th Session).

Cuba’s Human Rights Record Being Subjected to Universal Periodic Review by U.N. Human Rights Council

This year Cuba’s human rights record is a subject of its third Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. After reviewing the nature of the UPR process, we will look at the status of Cuba’s pending UPR.[1]

Background

The U.N. Human Rights Council since 2006 has been an important arm of the United Nations in recognizing and helping to enforce international human rights norms in the world.

One of the ways it does so is its UPR of individual U.N. member states. The UPR is universal in that all 193 U.N. members and all human rights norms are reviewed and it is periodic because it done every four years. Such Review is to be “based on objective and reliable information, of the fulfillment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States.” This is to be done with “a cooperative mechanism, based on an interactive dialogue, with the full involvement of the country concerned.”

The UPR process involves (a) the state’s submission of a report to the Council; (b) submission of written questions and recommendations to the state from other states and stakeholders (human rights NGO’s, etc.); (c) the U.N. High Commissioner for Human Rights’ summary of U.N. information about the country; (d) a pre-hearing session with the country’s civil society representatives; (e) Questions submitted to the country in advance by the Working Group; (f) the hearing by the Council, (g) the preparation of a draft report on the state by a Council working group, (h) the state’s comments on that report, (i) another hearing before the Council and (j) the Council’s adoption of the final report on the outcome of the UPR.

Cuba’s Third UPR[2]

Prior to the May 16, 2018, hearing on Cuba’s UPR, the following materials have been translated from their original language into five other languages and made available on the Council’s website: (a) Cuba’s National Report to the Council (March 5, 2018); (b) the Council’s Working Group on the Universal Periodic Review’s Summary of Stakeholders’ submissions on Cuba (March 9, 2018); and (c) the U.N. High Commissioner for Human Rights’ Compilation of U.N. Information on Cuba (March 16, 2018).

Cuba’s National Report

After discussing its {I) Methodology and consultative process, Cuba’s report provided information about its (II) Legal and institutional framework for the promotion and protection of human rights; (III) Achievements and challenges in the promotion and protection of human rights in Cuba since the previous review[in 2013]; and (IV)Cuba’s cooperation with the United Nations human rights machinery. The National Report asserted the following conclusions:

“153. Despite the conditions of underdevelopment inherited from a colonial and neocolonial past, the United States embargo against its people, the unfair and unequal international economic order in which it has been forced to participate and the destructive impact of hurricanes and other natural phenomena, the Cuban people have managed to make substantial progress, and they have continued to intensify their revolutionary transformation with the goal of building a society that is increasingly just, free, democratic, caring, participatory and prosperous.”
“154. The laws, institutions and functions of the Cuban State are based on the exercise of power by the great majority of workers, intellectuals, professionals and artists. There is a broad and active civil society. Cubans participate effectively and systematically in decision-making processes, not only in the political and electoral context, but also in the economic, social and cultural spheres.”
“ 155. The policy of hostility and blockade of successive United States Governments against Cuba has been a serious obstacle to the full enjoyment of the human rights and fundamental freedoms of Cubans, including their right to life, peace, self-determination and development.”
“156. Cuba cooperates with the non-discriminatory and universally applicable procedures and mechanisms of the United Nations machinery in the field of human rights. It confirms its willingness to continue moving ahead with international cooperation and a genuine dialogue on human rights.”
“ 157. The Cuban people will continue to vindicate and defend the Revolution that has made possible the enjoyment by everyone in the country of their civil, cultural, economic, political and social rights. Cuba will work to make it ever more efficient, productive and sustainable. It will continue to ensure with dignity, modesty and pride the right of its people to self-determination, development and peace, and it will work for the establishment of a just, democratic and equitable international order.”

Stakeholders’ Submissions

This densely packed document summarizes many individual submissions and 21 joint submissions by NGO’s.

One of the submissions came from Civil Rights Defenders, a Cuban NGO.[3] It called for the UPR to recommend that (1) Cuba reform its constitution “to include measures that guarantee all the fundamental rights, eliminating the ideological aspects, as well as the mentions of the Communist Party;” (2) Cuba ratify and implement the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; (3) the U.N. Special Rapporteur on the Situation of Human Rights Defenders investigate the situation of human rights defenders in Cuba, and carry out the pertinent monitoring and analysis in their future reports; (4) the U.N. appoint a special rapporteur to monitor non-discrimination for all citizens, especially historically vulnerable groups; (5) Cuba eliminate the death penalty; (6) Cuba make torture a crime; (7) Cuba eliminate precautionary pre-criminal measures frequently used against independent journalists, activista and opponents; (8) the U.N. report on arbitrary detentions in Cuba; (9) the Cuban constitution be amended to guarantee the habeas corpus procedure; (10) Cuba guarantee free movement of all Cuban citizens; (11) Cuba guarantee freedom of worship and conscience, expression, association and peaceful assembly; (12) Cuba establish an electoral law guaranteeing free participation of all citizens in the political system.

A submission that was supportive of the Cuban government and system came from Isaac Saney, Co-Chair and National Spokesperson of the Canadian Network On Cuba.

However, just this last weekend the government arrested and detained 24 members of the Ladies in White as they tried to participate in the #TodosMarchamos campaign for the release of political prisoners, or to attend mass.” Other activists with the Youth Front of the Patriotic Union of Cuba (UNPACU) were arrested and detained.[4]

U.N. Information about Cuba

This report in 67 paragraphs summarized comments about Cuba from various U.N. agencies, including recommendations that Cuba ratify certain human rights treaties; make enforced disappearances an autonomous offense; adopt measures to ensure that all arrestees have prompt hearings to limit pretrial detention; adopt an independent means for regular visits to places of detention; guarantee full independence of the judiciary and other branches of government; ensure that women had easy and secure access to justice, including free legal aid and victim protection programs; and prioritize adoption of the draft Family Code.

Of special concern were “allegations of harassment, intimidation and reprisals and, in certain cases, ill-treatment, arrests and violations of the rights to freedom of expression, assembly and peaceful association.” (Para. 28)

A related concern were “reports of intimidation and arrests of journalists working for non-State-run digital media” and Cuba’s not having “ a freedom of information law, defamation remained criminalized and those who produced or circulated publications without indicating the origin or in non-compliance with the rules relating to publication could face imprisonment for up to one year and/or a fine. The authorities of the Cuban Institute of Radio and Television, the regulatory body for radio and television broadcasting, were appointed by the Government. UNESCO encouraged Cuba to foster a more pluralistic and independent media environment in accordance with international standards, to set up an independent broadcast regulator to award and administer broadcast licences, to introduce a freedom of information law in accordance with international standards, and to decriminalize defamation and subsequently incorporate it into the Civil Code, in accordance with international standards.” (Para. 29)

Presumably one of the topics that will come up at the UPR hearing in May is the recent criticism of Cuba by the Council’s Special Rapporteur for Human Rights Defenders, Michel Forst, for Cuba’s “disqualification, reprisals and harassment of human rights defenders.,” especially the Ladies in White. He lamented Cuba’s refusal to recognize the value of the work of human rights defenders and reminded the Cuban government that “dissent and expressing dissent peacefully . . . are basic and necessary rights in a democratic State.”[5]

This criticism did not sit well with Cuba for on March 1, one of Cuba’s diplomats in Geneva called on Forst “ to ensure that in the performance of his duties a special priority be given to objectivity, a vital element for the credibility of his mandate.”

Pre=session Hearing[6]

Starting in 2012, the Council added pre-sessions to the UPR process because of difficulties in arranging for presentations by civil societies of the countries under review. Such a pre-session was held for Cuba on April 13, 2018.

At this pre-session, the Cuban Observatory of Human Rights (OCDH), which is based in Madrid, Spain, said the Cuban government had demonstrated little commitment to human rights by its failure to ratify the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; by its failure to modify certain laws that allow the Government to discriminate for ideological or partisan reasons and by its ignoring most of the recommendations made in the prior UPR.

OCDH also recommended that Cuba establish the independence of the judiciary and create a constitutional guarantees chamber in the Supreme Court.

Other groups in attendance were the Ladies in White, the Cuban Foundation for Human Rights in Cuba, the Women’s Platform, the Hands Network (LGBTI, and the Group of 75.

However, the Cuban government prevented some representatives of Cuban civil society from leaving the island in order to attend this pre-session in Switzerland. They were Juan Antonio Madrazo Luna of the Citizens Committee for Racial Integration (CIR) and Dora Mesa of the Association for the Development and Early Childhood Education (ACDEI).

This blockage by the Cuban government was criticized by 12 permanent missions, including Germany, Czech Republic, Sweden, Belgium, Denmark, United Kingdom, Finland, Ireland, Slovenia and Croatia, The German representative warned that their absence hindered the main mission of the Council and raised many questions about the cooperation of the Cuban Government with the UPR, as a mechanism that seeks to contribute to the resolution of internal issues of countries in the area of human rights. the delegate of Sweden said that the “empty chairs” were a sign of the plight of political activists around the world who put their lives at risk to make visible human rights violations on international stages and warned that his country “has its eyes on the situation of repression that human rights defenders live in Cuba and the actions of the Government.”

Conclusion

A future post will examine the Working Group’s Questions for Cuba in Advance of the Hearing, the Hearing and the final report.

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[1] The Council records indicate that Cuba’s first and second UPRs were conducted in 2009 and 2013. The U.S. has had UPRs in 2011-2012 and 2015, and its third is scheduled for October 2020. A previous post examined the first UPR of the United States In 2011-12.

[2] Office U.N, High Commissioner for Human Rights, UPR–Cuba

[3] Civil Rights Defenders asked the UN to promote a constitutional reform in Cuba, Diario de Cuba (Oct. 6, 2017)

[4] At hours of May Day, raids and arrests of activists of the UNPACU and the Ladies in White, Diario de Cuba (April 30, 2018).

[5] González, A special UN rapporteur reminds Havana that ‘dissent is a basic right,’ Diario de Cuba (Mar. 2, 2018).

[6] Opponents denounce in Geneva the ‘confiscation’ of salaries to Cuban workers, Diario de Cuba (April 13, 2018); The empty chairs of Cuban activists in Geneva generate criticism from 12 states, Diario de Cuba (April 16, 2018).

Emerging Development of Cuba’s Mariel Port

Only 28 miles west of Havana, Cuba has been developing the Mariel Special Economic Development Zone around a deep-water port. Now this project is reaching fruition.[1]

With a goal of becoming a bustling commercial city built on high-tech, advanced manufacturing and sustainable development, the Zone of 115,000 acres now has large tracts of land leveled and ready for construction of the following two major manufacturing operations:

The BrasCuba factory — a joint venturebetween Brazil’s Souza Cruz and Cuba’s Tabacuba–will turn out Popular, Cohiba and H. Upmann cigarettes for export and the domestic market.
Womy Equipment Rental, a Dutch company that rents cranes and other heavy equipment, has just finished its building as shown in this photograph.

In addition, a site has been prepared for a Cuban biotech factory, and two foreign companies–BDC-Log and BDC-Tec– have begun operating in the zone’s logistics sector.

Although only nine companies are currently operating there, another 18, including firms from Spain, the Netherlands, Panama, Brazil, Mexico, South Korea, Vietnam, France, Belgium, and Cuba itself have been approved and are getting ready to start.

The port has more than 2,300 feet of wharf space, four super Post-Panamax cranes and the capacity to handle 820,000 cargo containers annually.

In light of President Trump’s June 2017 announcement of still forthcoming regulatory restrictions on U.S. business’ doing business in Cuba, U.S. firms have been reluctant to make commitments for Mariel projects.

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[1] Whitefield, Mariel is Cuba’s big industrial gamble. Could U.S. companies be among investors?, Miami Herald (Oct. 23, 2017). An earlier blog post discussed potential U.S. interest in Mariel.

Cuba Pays $60 Million of Indebtedness to Major Creditor Nations

The week of October 15 Cuba paid $60 million of indebtiness to 14 wealthy creditor nations. Last year Cuba paid $40 million to the same group. The total debt is $2.6 billion after the creditors in 2015 forgave $8.5 billion of $11.1 billion upon which Cuba had defaulted through 1986 plus charges.[1]

These creditor nations known as the Club of Paris are the following: Australia, Austria, Belgium, Canada, Denmark, Finland, France, Italy, Japan, the Netherlands, Spain, Sweden, Switzerland and the United Kingdom.

Under the 2015 agreement, Cuba agreed for the first time to grant the creditors equity in development projects, in areas like manufacturing and agriculture, in exchange for a portion of their debt holdings. Many of these restructuring agreements include the establishment of so-called counter-value funds, under which a percentage of debt is discounted in exchange for the potential profits stemming from participation by a creditor country’s firms in Cuba joint-development projects.

The counter-value funds have an estimated combined value of around $750 million of the $2.6 billion owed. Japan, Spain, France and Italy – Cuba’s largest Paris Club creditors – are furthest along in negotiating swaps.

For example, a $46 million French project to develop cattle ranching and dairy products in central Camaguey province is ready to sign, according to France’s ambassador to Cuba, Jean-Marie Bruno.
Another example is Spain which has a project ready to manufacture cardboard and another aluminium structures for construction capable of resisting earthquakes and hurricanes, both involving Spanish companies.

This access to Cuban development projects gives the European countries and companies an advantage over U.S. companies who are banned by various U.S. laws from such projects.

This payment happened during dire economic times for Cuba due to the political and economic crisis in its ally Venezuela, declines in Cuban exports and tourism due, in part, to the damages caused by Hurricane Irma.

Cuba’s payment in these circumstances showed the importance Cuba attaches to the 2015 agreement with this group of major creditor nations.

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[1] Reuters, Cash-Strapped Cuba Makes Debt Payment to Major Creditors-Diplomats, N.Y. Times (Oct. 18, 2017); Chow, Cuba Reaches Deal to Pay $2.6 Billion in Arrears to Paris Club, W.S.J. (Dec. 12, 2015); Paris Club, Agreement on the Debt Between Cuba and the Group of Creditors of Cuba (Dec. 12, 2015).

The Confession of Belhar Is Adopted by the Presbyterian Church (U.S.A.)

On June 23, 2016, the General Assembly of the Presbyterian Church (U.S.A.) overwhelmingly voted (540 to 33) to include in its Book of Confessions the 1986 Confession of Belhar from South Africa.

Let us examine that Confession, its adoption by the PC(USA)’s General Assembly, the PC(USA)’s Book of Confessions and the recent use of the Belhar Confession at Minneapolis’ Westminster Presbyterian Church, a member of the PC(USA).

The Confession of Belhar[1]

The Belhar Confession emerged from the era of apartheid in South Africa, 1948-1994. That doctrine and practice of racial segregation was embraced by the Dutch Reformed Church in South Africa (DRC) for whites and imposed upon its racially segregated offshoots: the Dutch Reformed Mission Church (DRMC) for colored or mixed-race people, the Dutch Reformed Church in Africa for blacks and the Reformed Church in Africa for people of Indian descent.

After the 1960 Sharpeville Massacre, the 1964 convictions and imprisonments of anti-apartheid activists Nelson Mandela and Walter Sisulu, the 1976 Soweto Uprising and the 1976 condemnation of South Africa and apartheid by the United Nations, the Synod of the DRMC in 1978 concluded that apartheid was anti-evangelical and a structural and institutional sin.

Eight years later, in 1986, another Synod of the DRMC met in Belhar, a colored suburb of Capetown, South Africa, and adopted the Confession of Belhar. It has the following primary confessional statements:

“We believe in the triune God, Father, Son and Holy Spirit, who gathers, protects and cares for the church through Word and Spirit. This, God has done since the beginning of the world and will do to the end.”
“We believe in one holy, universal Christian church, the communion of saints called from the entire human family.”
“We believe that God has entrusted the church with the message of reconciliation in and through Jesus Christ; that the church is called to be the salt of the earth and the light of the world, that the church is called blessed because it is a peacemaker, that the church is witness both by word and by deed to the new heaven and the new earth in which righteousness dwells.”
“We believe that God has revealed himself as the one who wishes to bring about justice and true peace among people.”
“We believe that, in obedience to Jesus Christ, its only head, the church is called to confess and to do all these things, even though the authorities and human laws might forbid them and punishment and suffering be the consequence.”

Three of these statements also set forth additional detailed belief statements and rejections of any doctrine and ideology which:

“absolutizes natural diversity or the sinful separation of people;”
“explicitly or implicitly maintains that descent or any other human or social factor should be a consideration in determining membership of the church;”
“sanctions in the name of the gospel or of the will of God the forced separation of people on the grounds of race or color;”
“would legitimate forms of injustice and any doctrine which is unwilling to resist such an ideology in the name of the gospel.”

The PC(USA)’s Adoption of the Belhar Confession [2]

As previously noted, on June 23, 2016 (30 years after the DRMC adoption of the Confession of Belhar), the General Assembly of the PC(USA) voted to add that Confession to the U.S. church’s Book of Confessions.

Immediately after the vote, the General Assembly was addressed by Rev. Godfrey Betha, the Vice Moderator of the Uniting Reformed Church in Southern Africa, which was formed by the DRMC and the Dutch Reformed Church in Africa for blacks. Betha told the General Assembly, “It is important to seek solidarity with South Africa. We’ve come a long way with the PC(USA). We are grateful to have you as partners in service to the Lord. Today we offer gratitude, we salute you as the PC(USA) for your historic decision to adopt the Belhar Confession as a standard of faith for your church. I bow in humility to God and thankfulness to you … I’ll never forget this date.”

Betha added: “Your decision affirms that, like those other historic standards of faith, the Belhar Confession transcends its historic circumstances as a standard for faith in all places and times. Your decision affirms that Belhar does speak against ideological and theological attempts to justify specific historical forms of injustice. Your decision affirms to your church, [and] to all, when you come looking for the demon of racism, don’t come to us.”

Also present at the General Assembly was Rev. Allan Boesak, a co-author of the Confession of Belhar and the moderator of the DRMC when it was adopted in 1986. He said, “I thank God for what happened here tonight. I thank God for your faithfulness. I thank God for your acknowledgement of our common humanity in doing this … I thank God, and I thank you, and because of Jesus and because of God’s faithfulness, we shall overcome.”

Rev. Denise Anderson — Rev. T. Denise Anderson

At that point the commissioners linked hands throughout the plenary hall and spontaneously broke into “We Shall Overcome,” the famous song of the U.S. African-American civil rights movement, led by the General Assembly’s Co- Moderator, Rev. T. Denise Anderson, Pastor, Unity Presbyterian Church, Temple Hills, MD.

Earlier that same day, and before the General Assembly action, Boesak had addressed a breakfast meeting at the General Assembly. He said the Belhar Confession “stirs us, humbles us, and inspires us … It’s a unifying document. We cannot yet foresee the consequences of the Confession. No other Confession has been so clear in its intentions: not only unity, but its foundationality; not just reconciliation, but its inescapability; not only justice, but its indivisibility.”

“Today is a defining moment for the PC(USA), as it was for the Dutch Reformed Mission Church 30 years ago as we finally adopted the Belhar Confession,” Boesak continued. “But the defining moment was not just the adoption of the confession, as stunning as it was. In the years between 1982 and 1986, my friend and colleague and co-author Jaap Durand offered crucial prophetic insights that inspired and haunted the church in ways we couldn’t imagine in 1982, saying, ‘A confession does not and cannot engage in mere trivialities. It can only be an extension of the ancient confession that Christ is Lord… I’m convinced that the Confession of Belhar will outlive apartheid and the heresy that formed it.’”

Recalling the struggles of black South Africans to remain faithful and pursue unity in light of terrible oppression, mass detention and cruel policies, Bosack said: “The church became directly involved in the efforts of freedom and justice in South Africa. The Jesus we worship and confess as Lord in the sanctuary is the Jesus we take into the street. Our people were slaughtered. Everyone was touched in one way or another.”

“By 1986 we saw no sense in, and had no desire for, unity with the white church, or with white people in general,” he said of the general despair that afflicted the DRMC. “But we had Belhar, [which] . . . understood [John] Calvin as he spoke of Holy Communion. ‘Christ has only one body of which he makes us all partakers.’”

Calling the unity of the church both a gift and command, Boesak said it was difficult in those years to find points of unity or reconciliation with those who were actively opposing the rights of black South Africans. The Belhar Confession, however, understood from Isaiah that God is not only a God of justice, but that God is a God of indivisible justice,” he said. “So against our self-absorbed instinct for self-absorbed victimhood, the black church confessed God as a God who wants to bring forth peace and justice in the world, and that God calls the church to follow in this, that the church must stand next to people in any form of need or injustice.”

This teaching of Belfar also challenged the DRMC when it faced the issue of the rights of LGBTQI and eventually affirmed those rights. Boesak said his denomination had “to face the consequences, not only with the white Dutch Reformed Church, but within itself.”

“In following Christ, the church must fight against those who use their privilege to oppress and put down any people,” he said. In asking the PC(USA) to “witness against any form of injustice,” Boesak turned his attention to Palestine, asking the denomination to support the boycott, divestment and sanctions movement – similar to those used to end apartheid – to place economic pressure on Israel to end the occupation and expansion of territories. “Kairos Palestine is a cry from the heart of suffering,” he said. “Unless it rolls down for Palestinians, it will not roll down for others. Indivisible. Do justice, love mercy and walk humbly with our God.”

In conclusion, Boesak said of Belhar and its broader implications: “It is a confession that stirs us, humbles us, and inspires us … It’s a unifying document.”

The PC(USA)’s Book of Confessions

The Book of Confessions is a collection of confessions and creeds that declare to the church’s “members and to the world who and what [the church] is, what it believes and what it resolves to do.” Prior to the addition of the Belhar Confession, the Book contained 11 confessions and creeds starting with the Nicene Creed of 325 and ending with A Brief Statement of Faith– Presbyterian Church (U.S.A.) of 1983.[3]

According to the church’s Book of Order, These creeds and confessions are “subordinate standards . . . subject to the authority of Jesus Christ, the Word of God, as the Scriptures bear witness to him” that “identify the church as a community of people known by its convictions as well as by its actions,” that “guide the church in its study and interpretation of the Scriptures,” that “summarize the essence of Christian tradition,” that “direct the church in maintaining sound doctrines” and that “equip the church for its work of proclamation.” They also give “witness to the faith of the church catholic” while identifying “with the affirmations of the Protestant Reformation:” “grace alone, faith alone, Scripture alone.”[4]

Westminster’s Recent Use of the Belhar Confession

One of Belhar Confession’s central themes was adapted for use by Minneapolis’ Westminster Presbyterian Church as its July 17, 2016, Call to Worship (in call and response mode):[5]

“One: This we believe.
All: God longs to bring justice and peace among all people.
One: This we believe.
All: God teaches the church to do what is good and to seek the right.
One: This we believe.
All: God sees a day when all people – black, white, red, yellow, and brown – will live together in harmony.
One: This we believe.
All: God calls the church to follow Jesus, to lift up the poor, to heal those who hurt, to feed those who hunger, and to comfort those who grieve.”

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[1] PCUSA, Confession of Belhar (English translation); PCUSA, The Belhar Confession (paper about the history of the Confession); PCUSA, 30 Days with the Belhar Confession: Reflections on Unity, Reconciliation and Justice (this book weaves together Scripture passages and the Confession’s timely themes of unity, reconciliation and justice; it is written by a diverse collection of scholars, theologians and church leaders and is a great resource for individuals, study groups or entire congregations wanting to familiarize themselves with the Confession through prayer and reflection; the Confession itself is included).

[2] PCUSA, Allan Boesak commends Belhar Confession (June 23, 2016); PCUSA, Belhar added to PC(USA)’s Book of Confessions (June 23, 2016); Duffield, Adopting Belhar, the 222^nd General Assembly Makes History, Presbyterian Outlook (June 23, 2016). The Confession previously had been adopted by Namibia’s Evangelical Reformed Church in Africa, Belgium’s United Protestant Church, the Reformed Church in America and the Christian Reformed Church of North America. The Dutch Reformed Church in South Africa, however, has not adopted the Confession in a manner acceptable to the Uniting Reformed Church in Southern Africa and, therefore, has not merged into the latter.

[3] PCUSA, Book of Confessions.

[4] PCUSA, Book of Order, Ch. II (1983-85 edition).

[5] Westminster, Worship Bulletin (July 17, 2016).