Disruption in Cuban Medical Mission to Brazil

On November 14,  Cuba’s Ministry of Public Health stated that the island was ‘discontinuing’ its participation in the Program Mais Médicos, or More Doctors, in Brazil. [1]

In response to this Cuban move, a well-known Brazilian lawyer presented an appeal to Brazil’s Supreme Court requesting a “habeas corpus” so that the 8,332 Cuban doctors currently working in  Brazil and were summoned back to their country can remain in their positions as asylees or as permanent residents. The attorney also asserted that even though the Brazil-Cuba agreement for this program barred Brazil from granting the Cuban doctors political asylum or permanent visas, Cuba’s unilateral termination of the program also terminated the ban on granting such relief to the Cuban doctors.

Cuba has received more than $249.5 million a year for its doctors in Brazil, according to a researcher interviewed by the Miami Herald. The elimination of this revenue for Cuba will have a huge negative impact on Cuba’s economy and finances. Just one such problem is Brazil’s demand for Cuba to pay the arrears it owes Brazil for the $680 million loan it provided for the development of the port of Mariel near Havana. Cuba already is $71.2 million in arrears, according to Brazil’s National Bank for Economic and Social Development.

This current set of disputes was predicted by Brazil’s recent presidential campaign when then-candidate Jair Bolsonaro raised questions about the quality of the Cuban doctors’ training and said the doctors would have to prove their medical credentials by getting their diplomas validated in Brazil, a process that has previously been waived for Cuban doctors. He also criticized the Cuban government’s keeping around 75 percent of their salaries paid by Brazil even though the doctors earn more in Brazil than they did on the island. [2]

Another criticism by Bolsonaro was the employment contract between Cuba’s Ministry of Public Health and the Cuban doctors, in which the doctors are banned from having family accompanying them during their mission. In addition, Bolsonaro said his government would offer asylum to Cuban doctors who wished to stay in Brazil.

The Program was launched by former Brazilian President Dilma Rousseff to send Cuban physicians to underserved regions in the South American country and was arranged by the Pan American Health Organization (PAHO). the New York Times reports. Around 20,000 Cuban doctors have worked in Brazil in the span of five years. By the end of 2017 there were Cuban health workers in 64 countries, with Brazil and Venezuela as the main destinations.

The current horrible living conditions in Venezuela has caused many of the Cuban doctors serving there to try to escape to other countries.[3]

Impact on Cuban Health Care[4]

Meanwhile back in Cuba there are reports that its “export” of medical doctors to other countries, including Brazil and Venezuela, has caused a significant reduction in the number of health professionals providing primary care on the island. For example, In 2010 the number of doctors assigned to Family Clinics was 36,478, while in 2017 there were only 13,131; that is, a 64% drop in less than a decade. The result of this imbalance is a sharp decrease in health personnel in Cuba, the closure of infrastructures, a reduction in the number of hospital beds, shortages at pharmacies, and an increase in diseases related to deficient health conditions.

Conclusion

Those of us in the U.S. who want to see both Cuba and Brazil succeed will need to keep watch on this situation and try to assess the merits of the two countries’ arguments and claims.

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[1] Center for Democracy in Americas, Cuba Central News Brief: 11/16/18A lawyer asks the Supreme [Court of Brazil] for guarantees of permanence for Cuban doctors, Diario de Cuba (Nov. 18, 2018).

[2] The U.S. has alleged that the Cuban medical professionals on foreign missions are engaged in illegal forced labor due to their not receiving the total payments by foreign governments for their services. This blog, however, has rejected that U.S. claim for various reasons. (See U.S. State Department Unjustly Continues To Allege That Cuba’s Foreign Medical Missions Engage in Forced Labor, dwkcommentaries.com (Aug. 17, 2017).

[3] See  Cuban Medical Professionals Continue To Escape from Foreign Medical Missions, dwkcommentaries.com (Mar. 15, 2018).

[4] Fernández & Diaz Ezpí,  23,000 Fewer Doctors: A Raw Deal for Cubans, Diario de Cuba (Nov. 12, 2018); More doctors for Maduro: bleeding into the Cuban primary health system continues, Diario de Cuba (Nov. 12, 2018).

U.N. Official’s Report About  U.S. Poverty Is Criticized by U.S. 

On June 22, Philip G. Alston, the U.N. Special Rapporteur on Extreme Poverty and Human Rights,[1] presented to the U.N. Human Rights Council in Geneva, Switzerland his final report criticizing certain U.S. poverty policies. It immediately was condemned by U.S.  Ambassador to the U.N. Nikki Haley with a  prompt retort by Mr. Alston. We will examine these developments and then analyze this controversy.

Special Rapporteur’s Report on U.S.[2]

In his oral summary of the report, the Special Rapporteur made the following overall findings:

  • “[T]he combination of extreme inequality and extreme poverty generally create ideal conditions for small elites to trample on the human rights of minorities, and sometimes even of majorities. The [U.S.] has the highest income inequality in the Western world, and this can only be made worse by the massive new tax cuts overwhelmingly benefiting the wealthy. At the other end of the spectrum, 40 million Americans live in poverty and 18.5 millions of those live in extreme poverty.  In addition, vast numbers of middle class Americans are perched on the edge, with 40% of the adult population saying they would be unable to cover an unexpected $400 expense.”
  • “In response, the Trump administration has pursued a welfare policy that consists primarily of (i) steadily diminishing the number of Americans with health insurance (‘Obamacare’); (ii) stigmatizing those receiving government benefits by arguing that most of them could and should work, despite evidence to the contrary; and (iii) adding ever more restrictive conditions to social safety net protections such as food stamps, Medicaid, housing subsidies, and cash transfers, each of which will push millions off existing benefits.”
  • “My report demonstrates that growing inequality, and widespread poverty which afflicts almost one child out of every five, has deeply negative implications for the enjoyment of civil and political rights by many millions of Americans. I document the ways in which democracy is being undermined, the poor and homeless are being criminalized for being poor, and the criminal justice system is being privatized in ways that work well for the rich but that seriously disadvantage the poor.  Underlying all of these developments is persistent and chronic racial bias.  That bias also helps to explain the abysmal situation in which the people of Puerto Rico find themselves.  It is the poorest non-state in the Union, without a vote in Congress, at the mercy of an unelected and omnipotent oversight board, and suffering from record poverty levels in the aftermath of Hurricane Maria.”
  • In many cities and counties, “state and county taxes are capped; public budgets are slashed; governments are left without essential resources; they instruct their police departments to impose and collect more fines to fund the general budget; these fines fall overwhelmingly upon the poor; the victims cannot pay the fines and so additional penalties and fees accumulate; most scrimp and pay but some default and are imprisoned; when they are in prison their economic and family situations collapse; and when they emerge from prison they are even less unemployable because they have a conviction.”

Based upon these finding, the Special Rapporteur made these recommendations for the U.S.: (1) “acknowledge that America’s proudest achievement –a vibrant democracy – is in peril unless steps are taken to restore the fabric from which it was crafted, including the adage that ‘all are created equal.’” (2) “Stop irrationally demonizing taxation and begin exploring how reasonable taxes can dramatically increase the social well-being of Americans and the country’s economic competitiveness.” (3) Provide “universal healthcare [that] . . . would rescue millions from misery, save money on emergency care, increase employment, and generate a healthier and more productive workforce.”

Ambassador Haley’s Criticism of the Report[3]

 On June 21 (the day before the official release of the report), Ambassador Haley in a letter to U.S. Senator Bernie Sanders (Ind., VT), said. “ I am deeply disappointed that the Special Rapporteur used his platform to make misleading and politically motivated statements about American domestic policy issues. Regrettably, his report is an all too common example of the misplaced priorities and poor use of funds proven to be rampant throughout the UN system. The report categorically misstated the progress the [U.S.] has made in addressing poverty and purposely used misleading facts and figures in its biased reporting.”

“It is patently ridiculous for the [U.N.] to examine poverty in America. In our country, the President, Members of Congress, Governors, Mayors, and City Council members actively engage on poverty issues every day. Compare that to the many countries around the world, whose governments knowingly abuse human rights and cause pain and suffering.”

“Rather than using his voice to shine a light on those vulnerable populations [in Burundi and the Democratic Republic of the Congo], and so many others, the Special Rapporteur wasted the UN’s time and resources, deflecting attention from the world’ s worst human rights abusers and focusing instead on the wealthiest and freest country in the world.”

U.S. Mission to Geneva’s Criticism[4]

“The right to property, the right to pursue one’s own livelihood, and the right of free association are core economic and social rights by any reasonable definition, and have been core rights of the United States since its founding. The world knows that the U.S. economy is the largest, the most influential, and the most innovative on the planet.”

“Indeed, the U.S. is entering a new era of economic growth and prosperity.  Strong gross domestic product growth and increasing investment have already created 3.4 million new jobs, brought 900,000 workers off the sidelines since the President took office, and lowered unemployment to its lowest point in nearly 50 years.  The administration is fighting for American jobs and American workers, and standing strong with those that are standing strong for a more prosperous American economy. Sadly, Mr. Alston’s report does not give due credit to current policies enacted by this administration to spur economic growth and the prosperity it brings for all Americans.”

“We note that U.S. federal, state, and local governments guarantee emergency health care, a right to equal access to education, pursue policies that promote access to food, and support the need to promote, protect, and respect human rights in carrying out housing policies.  For example, the U.S. Department of Housing and Urban Development (HUD) and other federal agencies support communities that establish centralized or coordinated assessment systems, emphasizing that coordinated entry processes to ensure all people experiencing a housing crisis in a community have fair and equal access and are connected to available housing and related assistance based on their strengths and needs.  Across the nation, local homelessness provider organizations under a consortium called “Continuums of Care” support persons in emergency shelters and transitional housing programs as well as those living unsheltered on the streets through grants providing critically needed support to local programs on the front lines of serving individuals and families experiencing homelessness.  In January of this year, the ‘Continuums of Care’ provided a record $2 billion to support more than 7,300 local homeless assistance programs across the nation.  There is also robust funding for programs such as Emergency Shelter Grants and other programs like Community Development Block Grants that can be used to assist homeless.  This U.S. administration stands shoulder-to-shoulder with our partners to support real housing solutions for those who may otherwise be living in our shelters or on our streets.”

“Furthermore, the [U.S.] has robust legal protections to prohibit discrimination in the enjoyment of rights that are provided by domestic law.  For example, in the area of housing, HUD actively monitors and enforces laws prohibiting discrimination.  In 2016, HUD, along with its state and local partners, investigated more than 8,300 housing discrimination complaints and obtained over $25.2 million in compensation; through its Fair Housing Assistance Program, HUD paid state and local government partners more than $24.6 million to support local enforcement activities and outreach activities.  That same year, HUD also awarded through its Fair Housing Initiatives Program $38 million in grants to 155 organizations for private enforcement to prevent or eliminate discriminatory housing practices and for educational initiatives to inform individuals of their rights and responsibilities.”

“It is regrettable that the Special Rapporteur, while acknowledging that the political status of Puerto Rico is beyond his mandate, nevertheless chose to opine on the matte. Puerto Rico is a self-governing territory of the United States that achieved self-determination in 1952. In successive referenda, the residents of Puerto Rico have made the democratic choice to maintain the island’s current status or to pursue statehood, with a very small fraction opting for independence. Like the states of our federal system, the vast majority of Puerto Rico’s affairs are governed by a popularly elected governor and legislature, and disputes are settled by Puerto Rico’s independent judiciary.  It is baseless to argue, as the Special Rapporteur does, that Puerto Rico “is no longer a self-governing territory” when in fact its residents enjoy and exercise extensive democratic rights.  Furthermore, the U.S. administration is awarding over $18 billion in disaster recovery and mitigation funds to Puerto Rico, through HUD’s Community Development Block Grant – Disaster Recovery Program.”

“Accusations that the [U.S.] shows ‘contempt and hatred’ for the poor, including accusations of a criminal justice system designed to keep low income persons in poverty while generating public revenue, are inaccurate, inflammatory, and irresponsible.  The U.S. funds large public assistance programs designed to help low-income Americans, including $565.5 billion for Medicaid, $63 billion for Supplemental Nutrition Assistance Program (SNAP) benefits, and $42.5 billion for housing assistance programs.  In fact, more than $1 trillion dollars in means-tested benefits are provided to the poor annually by federal and state governments.  Based on some measures of consumption, poverty is down by 77 percent since 1980.  Recent studies using the Consumer Expenditure Survey suggest that only 175 of 222,170 surveyed American households reported spending less than an extreme poverty threshold figure of $4.00 a day, which implies that there are only approximately 250,000 persons in “extreme poverty” circumstances, rather than the exaggerated figure cited by the Special Rapporteur.  Regardless, any number of Americans with this severe level of economic difficulties should not be ignored, and a stronger focus of the Special Rapporteur on the problems and remedies for this population would have been welcome.”

Special Rapporteur’s Response[5]

“The suggestion that this Council should only consist of rights-respecting States was made long ago by the US and others, but abandoned because there are no workable criteria to determine who should qualify under such a test, and because a body composed only of self-appointed good guys would not only be tiny but would be talking unproductively among themselves.  Human rights promotion requires robust engagement, not behaving like the kid who takes his football and goes home.”

“Ambassador Haley complained that the Council has done nothing about countries like Venezuela.  In fact I and several other special rapporteurs reported earlier this year that ‘vast numbers of Venezuelans are starving, deprived of essential medicines, and trying to survive in a situation that is spiraling downwards with no end in sight.’  We warned of ‘an unfolding tragedy of immense proportions.’”

Moreover, “this Council has published many report detailing the situations in [Burundi and the Democratic Republic of Congo].” And “when [the U.S.,] one of the world’s wealthiest countries, does very little about the fact that 40 millions of its citizens live in poverty, it is entirely appropriate for the reasons to be scrutinized.”

“If this Council stands for anything, it is the principle of accountability – the preparedness of States to respond in constructive and meaningful ways to allegations that they have not honored their human rights commitments. The United States position, expressed by Ambassador Haley, [erroneously] seems to be that this Council should do far more to hold certain states to account, but that it should exempt the [U.S.] and its key allies from such accountability.”

“Ambassador Haley called my report ‘misleading and politically motivated.’ She didn’t spell out what was misleading but other stories from the same media outlet emphasized two issues.”

“The first is that my report uses official data from 2016, before President Trump came to office.  That is true, for the simple reason that there will be no Census Bureau data on the Trump era until September this year.  But these data provide the best available official baseline, and my report then factors in the effects of the combination of massive tax cuts for the wealthy and systematic slashing of benefits for the less well-off.”

“The second criticism . . . is that the US ‘economy continues to roar to life under President Trump.’ Indeed, the US economy is currently booming, but the question is who is benefiting. Last week’s official statistics show that hourly wages for workers in “production and nonsupervisory” positions, who make up 80% of the private workforce, actually fell in 2017.  Expanding employment has created many jobs with no security, no health care, and often with below-subsistence wages.  The benefits of economic growth are going overwhelmingly to the wealthy. Average pre-tax national income per adult in the US has stagnated at $16,000 since 1980 for the bottom 50% of the income distribution, while it has really boomed for the top 1%, a trajectory that has been quite different from that in most European countries. Even the IMF has warned that in the US “prospects for upward mobility are waning, and economic gains are increasingly accruing to those that are already wealthy”. In other words, the American dream of mobility, is turning into the American illusion, in which the rich get ever richer, and the middle classes don’t move.”

U.S. Withdrawal from U.N. Human Rights Council[6]

 As reported in a prior post, on June 19, the U.S. announced its withdrawal from the Human Rights Council, and on June 22, a spokesman for Ambassador Haley said that the Alston report had nothing to do with that decision. However, when Alston arrived in the U.S. last year, as noted above, he recently said, “A senior official said . . .my report could be a factor in whether the U.S. decided or not to stay in the council. I think I was being sent a message.”

Conclusion

There are many reasons why Ambassador Haley’s criticism of this report is unwarranted. Here are some.

First, the U.S. in June 2017 apparently joined other Council members in approving the resolution extending the mandate for the Special Rapporteur to, among other things, “(a) Further examine the relationship between the enjoyment of human rights and extreme poverty; [and] (b) Identify alternative approaches to the removal of all obstacles, including institutional ones, at the regional, national and international, public, corporate and societal levels, to the full enjoyment of human rights for all people living in extreme poverty.” That resolution also called “upon all Governments to cooperate with and assist the independent expert in his or her task, to supply all necessary information requested by him or her and to give serious consideration to responding favorably to the requests of the independent expert to visit their countries, to enable him or her to fulfil his or her mandate effectively.”[7]

Second, the U.S. invited the Special Rapporteur to visit the U.S., initially by the Obama Administration and then by the Trump Administration on June 8, 2017, at a Human Rights Council meeting.

Third, on November 29, 2017, a Human Rights Council Press Release announced that the Special Rapporteur would be visiting the U.S. in December 2017 with a detailed itinerary “to examine government efforts to eradicate poverty in the country, and how they relate to US obligations under international human rights law.” Mr. Alston said, “Some might ask why a UN Special Rapporteur on extreme poverty and human rights would visit a country as rich as the United States. But despite great wealth in the US, there also exists great poverty and inequality.”[8]

Fourth, on December 15, 2017, at the conclusion of his visit to the U.S., the Special Rapporteur released a statement on his visit with the following comments that later turned out to be a preview of the final report the following June:[9]

  • The U.S. is harnessing “neither its wealth nor its power nor its technology . . . to address the situation in which 40 million people continue to live in poverty.
  • He provided some details on both the negative and positive things he had witnessed as well as statistical comparisons of the U.S. with other countries. “American exceptionalism was a constant theme in my conversations.  But instead of realizing its founders’ admirable commitments, today’s United States has proved itself to be exceptional in far more problematic ways that are shockingly at odds with its immense wealth and its founding commitment to human rights.  As a result, contrasts between private wealth and public squalor abound.”
  • The then “proposed tax reform package stakes out America’s bid to become the most unequal society in the world, and will greatly increase the already high levels of wealth and income inequality between the richest 1% and the poorest 50% of Americans.  The dramatic cuts in welfare, foreshadowed by the President and Speaker Ryan, and already beginning to be implemented by the administration, will essentially shred crucial dimensions of a safety net that is already full of holes.”
  • The “indispensable ingredients for a set of policies designed to eliminate poverty. . . include: democratic decision-making, full employment policies, social protection for the vulnerable, a fair and effective justice system, gender and racial equality and respect for human dignity, responsible fiscal policies, and environmental justice. Currently, the United States falls far short on each of these issues” while providing further details.

Fifth, the Special Rapporteur, as of June 2018, has visited or plans to visit or has made comments about other wealthy countries (United Kingdom, and Japan), developing countries (China and Brazil)  and poorer countries (Ghana and Venezuela). [10]

Sixth, the Special Rapporteur correctly observes that human rights obligations are imposed on every country, regardless of its wealth.

Finally, recall that Ambassador Haley first criticized human rights groups for their failure to support U.S. efforts to reform the Human Rights Council as a contributing cause for the U.S. withdrawal from the Council.

The short response to the Ambassador is Shakespeare’s line in Hamlet, “The lady doth protest too much, methinks.”

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[1] Alston is an Australian citizen and John Norton Pomeroy Professor of Law, New York University and Director of NYU Center for Human Rights and Global Justice. Here is the website for the Special Rapporteur.

[2] U.N. Hum. Rts. Council, Oral Statement by Mr. Philip Alston Special Rapporteur on extreme poverty and human rights (June 22, 2018); Assoc. Press, UN Expert Slams US on Poverty, Quitting Global Rights Body, N.Y. Times (June 22, 2018).

[3]  Haley, Letter to Sen. Sanders (June 21, 2018); Stein, Nikki Haley: ‘It is patently ridiculous for the United Nations to examine poverty in the United States, Wash. Post (June 22, 2018).

[4] U.S. Mission to Geneva, Country Concerned Statement in Response to SR Alston’s report on the United States (June 22, 2018).

[5] U.N. Hum. Rts. Council,  Oral Statement by Mr. Philip Alston Special Rapporteur on extreme poverty and human rights (June 22, 2018).

[6] Stein, ‘I think I was being sent a message’: U.S. warned U.N. official about report on poverty in America, Wash. Post (June 22, 2018).

[7]  U.N. Hum. Rts. Council, HRC/RES/35/19 Human rights and extreme poverty (June 22, 2017); U.N. Hum. Rts. Council, HRC/RES/8/11, Human rights and extreme poverty (June 18, 2008).

[8] U.N. Hum. Rts. Council, Press release, UN expert on extreme poverty and human rights  to visit USA, one of the wealthiest countries in the world (Nov. 29, 2017).

[9] U.N. Hum. Rts. Council, Press Release, Statement on Visit to the USA, by Professor Philip Alston, United Nations Special Rapporteur on extreme poverty and human rights* (Dec. 15, 2017); U.N. Hum. Rts. Council, Special Rapporteur, Press Conference, Washington, D.C. (Dec. 15, 2017).

[10] U.N. Hum. Rts. Council, Press Release, Venezuela: Dire living conditions worsening by the day, UN human rights experts warn (Feb. 9, 2018); U.N. Hum. Rts. Council, Press Release, China: UN experts concerned about health of jailed rights lawyer Jiang Tianyong (Mar. 23, 2018); U.N. Hum. Rts. Council, Press Release, Brazil: UN experts alarmed by killing of Rio human rights defender who decried military intervention (Mar. 26, 2018); U.N. Hum. Rts. Council, Press Release, Japan: Benefit cuts threaten social protection of the poor, UN rights experts warn (May 24, 2018); U.N. Hum. Rts. Council, Press Release, Ghana’s main economic initiatives will do little to reduce poverty, warns UN expert (June 20, 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).

 

U.S. Statement About Cuba at Organization of American States’ General Assembly     

At the June 4 meeting of the General Assembly of the Organization of American States (OAS), U.S. Secretary of State Mike Pompeo made remarks primarily addressing Venezuela. But he also made comments about Cuba.

Comments About Venezuela[1]

The Secretary of State said, “there is no greater challenge today than the full-scale dismantling of democracy and the heartbreaking humanitarian disaster in Venezuela. While the [U.S.] welcomes the release of the unjustly imprisoned Holt family, our policy towards Venezuela remains unchanged. The [U.S.] stands steadfast in support of the Venezuelan people and their efforts to return to democracy. The Maduro regime’s efforts . . .  to move towards unconstitutional government and its human rights abuses are now well known by all. All these actions have, among other ill consequences, resulted in an unconstitutional alteration of Venezuela’s constitutional order.”

“On more than one occasion, Venezuela has squandered opportunities to have the kind of dialogue that the [OAS] charter calls for. We seek only what all the nations of the OAS want for our people: a return to the constitutional order, free and fair elections with international observation, and the release of political prisoners. The regime’s refusal to take meaningful action on these issues has demonstrated unmistakable bad faith and exhausted options for dialogue under current conditions. Just two weeks ago, the Venezuelan Government staged sham elections that offered no real choice to Venezuelan people and its voters. Many of them responded sensibly by simply staying home.”

“For all of these reasons, Vice President Pence challenged member-states last month to do what the Democratic Charter asks of us when faced with an unconstitutional interruption in democratic order of a member-state: suspend Venezuela from this body. That suspension is not a goal unto itself. But it would show that the OAS backs up its words with action. And it would send a powerful signal to the Maduro regime: Only real elections will allow your government to be included in the family of nations.”

“In addition to suspension, I call on fellow member-states to apply additional pressure on the Maduro regime, including sanctions and further diplomatic isolation, until such time as it undertakes the actions necessary to return genuine democracy and provide people desperately needed access to international humanitarian aid.”

In response, Venezuela’s Foreign Minister Jorge Arreaza defiantly criticized the OAS as part of a “corporation” led by the U.S.  to undermine Venezuela’s sovereignty. He accused the U.S. of fostering violence that has accompanied protests and the deprivation caused by sanctions and mocked U.S. offers of humanitarian aid. “You impose economic sanctions, and then you offer your help to wash your hands.  The U.S. has been perpetrating a coup d’état against Venezuela for 20 years.”

Vowing not to buckle under to the pressure, Arreaza added, “We are free. We are sovereign. And no imperialist will intervene in our country and hinder our people from voting for their own authorities and having their own democracy. “We have moral authority. You do not have moral authority,” he said, citing U.S. invasions of Panama in 1989 and the Dominican Republic in 1965.

 Draft Resolution on the Situation in Venezuela[2]

The U.S. along with Argentina, Brazil, Canada, Chile, Mexico and Peru submitted a draft  Resolution on the Situation in Venezuela, which presumably will be voted upon at the June 5 session of the OAS General Assembly. After the preamble, it contains the following resolutions:

  1. “To declare that the electoral process as implemented in Venezuela, which concluded on May 20, 2018, lacks legitimacy, for not complying with international standards, for not having met the participation of all Venezuelan political actors, and for being carried out without the necessary guarantees for a free, fair, transparent and democratic process.”
  2. “To reaffirm that only through a national dialogue with the participation of all Venezuelan political actors and stakeholders can national reconciliation be achieved and the necessary conditions agreed upon for holding a new electoral process that truly reflects the will of the Venezuelan citizens and peacefully resolves the current crisis in that country.”
  3. “To reiterate that an unconstitutional alteration of the constitutional order of the Bolivarian Republic of Venezuela has occurred, as stated in [OAS] resolution CP/RES. 1078 (2108/17) of April 3, 2017.”
  4. “To urge the Government of Venezuela to take steps to guarantee the separation and independence of the constitutional branches of power and restore the full authority of the National Assembly, the rule of law, and the guarantees and liberties of the population.”
  5. “To urge the Government of Venezuela to allow the entry of humanitarian aid and to implement epidemiological surveillance measures in its country to prevent the aggravation of the humanitarian and public health crisis, particularly against the reappearance of diseases such as measles, malaria, and diphtheria”
  6. “To invite the member states to implement measures to address the humanitarian emergency in Venezuela, including supplying medicines, as well as considering contributions to the competent international organizations to strengthen the institutional capacities of the recipient countries.”
  7. “To instruct the Permanent Council to identify, in coordination with the relevant inter-American and international institutions, the appropriate measures to support the member states that are receiving an increasing number of Venezuelan migrants and refugees.”
  8. “To call upon the member and permanent observer states to implement, in accordance with their respective legal frameworks and applicable international law, the measures deemed appropriate at the political, economic, and financial levels to assist in the restoration of democratic order in Venezuela.”
  9. “To remain seized of the situation in Venezuela in order to support diplomatic actions and additional measures that facilitate the restoration of democratic institutions and social peace, and that promote full respect for human rights and full adherence to the rule of law, within the constitutional framework of Venezuela and in a manner consistent with its international obligations and commitments.”
  10. “To apply, in strict accordance with the letter and spirit of the Inter-American Democratic Charter, the mechanisms for the preservation and defense of representative democracy provided under its Articles 20 and 21.”

Comments About Cuba[3]

In  the Secretary of State’s June 4 address to the General Assembly, he had the following words about Cuba: “In Cuba today, we see an expectation that change is inevitable and that it can’t come quickly enough. Young Cubans born under a dictatorship are uninterested in hollow revolutionary slogans. They demand educational opportunities free from political constraints or a totalitarian regime’s repression. They want what youth everywhere else wants: opportunities to use their talents, to exercise their voice, achieve their potential, and build a bright future for themselves. As democratic societies, we must support young people in Cuba and elsewhere in the hemisphere in their hopes for democratic change.”

The day before the OAS General Assembly. Ambassador Carlos Trujillo, the U.S. Permanent Representative to the  OAS, appeared at a meeting organized by Freedom House and made these comments about Cuba. He “acknowledged that the Venezuelan case has stolen the role of other crises such as Cuba and Nicaragua, and . . . [suggested] that the organization should follow the same steps with Havana as with Caracas.” He also indicated that the agency must work to denounce “the crimes against humanity” that the Cuban Government has committed.

’’Why Cuba does not deserve the same as what we are demanding from the regime of (President of Venezuela, Nicolás] Maduro? Why Cuba is different? It is something that has to change, it has to change in the OAS.’”

According to Trujillo at this meeting, the countries of the Americas have to “accept that Cuba is ‘he mother of all evil’ in terms of the weakening of democracy on the continent and human rights violations.” Therefore, “If we talk about Venezuela and we talk about human rights abuses, we have to talk about Cuba.” This meant, he said, the OAS must  denounce “the crimes against humanity” that the Cuban Government has committed.”

These comments by Trujillo echo what he said in early May in a Univision program. Then he said “Raul Castro should be tried for his crimes against human rights”, visible through the history of Cuba, “I personally, and the US, are available to do everything possible so that the victims of Raúl Castro, of the Castro brothers, have the justice they deserve,”[4]

Conclusion

 The above comments by Ambassador Trujillo are completely undiplomatic and inappropriate. They should not have ben uttered, especially since apparently there is no resolution regarding Cuba to come before the OAS General Assembly. His words as a Cuban-American attorney from Miami reveal his lack of any prior diplomatic experience and his having been an Ambassador for only one month.[5]

Instead tomorrow we will see the voting on the above resolution about Venezuela.

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

[1] U.S. State Dep’t, [Secretary of State] Remarks at the General Assembly of the Organization of American States (June 4, 2018); Lee, US renews call for OAS to suspend Venezuela, Wash. Post (June 4, 2018); Reuters, U.S. Calls on OAS to Suspend Venezuela From Organization, N.Y. Times  (June 4, 2018); Morello, Pompeo calls for kicking Venezuela out of OAS and more sanctions, Wash. Post (June 4, 2018).

[2] OAS Gen. Assembly, Draft Resolution on the Situation in Venezuela (June 4, 2018).

[3] U.S. State Dep’t, [Secretary of State] Remarks at the General Assembly of the Organization of American States (June 4, 2018).

[4] Carlos Trujillo: The members of the OAS have to ‘accept that Cuba is the mother of all evil,’ Diario de Cuba (June 4, 2018); Carlos Trujillo: ‘Raúl Castro must be tried for his crimes against human rights,’ Diario de Cuba (May 7, 2018).

[5] More Hostile Comments About Cuba from U.S. Vice President Mike Pence and U.S. Ambassador to the Organization of American States, dwkcommentaries.com (May 9, 2018).

Cuban Ladies in White Win Cato Institute’s Milton Friedman Prize

At a May 17 New York City gala dinner, the Cato Institute awarded its $250,000 Milton Friedman Prize for Advancing Liberty to Cuba’s Ladies in White.[1] This award, the political reaction to the award, Cato’s other positions on Cuba and Cato’s background raise interesting issues as discussed below.

The Award

The Institute’s announcement of this prize said the following:

  • “The Ladies in White (Damas de Blanco) have a simple message: The political prisoners of Cuba are our sons, our brothers, and our husbands. They must not be forgotten.”
  • “Every Sunday, the Ladies in White gather, or attempt to gather, for Mass at Saint Rita de Casia Church in Havana, followed by a procession down Fifth Avenue. They wear white to symbolize the peaceful nature of their protest, and each wears a photograph of a loved one who is in prison. For this the authorities have constantly harassed them and organized mob violence against them.”
  • “The movement began on March 18, 2003, when journalist Héctor Maseda Gutiérrez was arrested in his home in Havana and sentenced to 20 years in prison for criticizing the regime of Fidel Castro. His case drew worldwide attention, with Amnesty International calling him a prisoner of conscience and demanding his release. Around 75 others were arrested at the same time, in an incident that has been called the Black Spring. All have since left prison, though not unconditionally, with the majority having had to leave Cuba. Since that time, sporadic arrests of journalists, lawyers, and other intellectuals have continued in Cuba, belying the myth that with normalized relations, Cuba’s human rights record would improve. If anything, it has deteriorated.”
  • “Two weeks after Maseda was arrested, his wife Laura Pollán Toledo brought together a group of wives, mothers, sisters, and daughters of the imprisoned to pray for their loved ones. They have continued to gather each Sunday, and the movement has since spread to other churches throughout Cuba. Although they are not a political party and do not have an overtly political program, they seek freedom of expression for all and the release of prisoners of conscience in Cuba. In recognition of their courage, the Ladies in White were the 2005 recipients of the Sakharov Prize for Freedom of Thought, awarded by the European Parliament. The Cuban government prohibited them from attending the award ceremony in Strasbourg, France.”
  • “In 2015 Berta Soler, one of the leaders of the group, told the U.S. Senate, “Our aspirations are legitimate…. Our demands are quite concrete: freedom for political prisoners, recognition of civil society, the elimination of all criminal dispositions that penalize freedom of expression and association and the right of the Cuban people to choose their future through free, multiparty elections. We believe these demands are just and valid. Even more importantly, for us they represent the most concrete exercise of politics, a step in the direction of democratic coexistence. Cuba will change when the laws that enable and protect the criminal behavior of the forces of repression and corrupt elements that sustain the regime change.”
  • “As the first step, the Ladies in White demand the release of all political prisoners. The outlook for many of the prisoners is grim; prison conditions are deplorable, visits are rare, and even their mail is intercepted by the authorities. And the Ladies themselves have faced increasing police harassment and arrest in recent years, as the Cuban government tries to hide-but not correct-its habit of quashing dissent. Laura Pollán died in 2011 under gravely suspicious circumstances. But the movement she founded continues: The Ladies in White will meet, pray, and bear witness every Sunday until Cuba’s political prisoners are freed.”

The keynote speaker at the gala dinner was Brazilian Judge, Sergio Moro, who become a household name in his country thanks to Operation Car Wash, the massive scandal in which he has sent some of Brazil’s most powerful politicians and business elite to jail for corruption.

U.S. Political Reaction to the Award[2]

Just before Cato’s dinner, U.S. Ambassador Nikki Haley met with representatives of Cuba’s Ladies in White at the U.N. and with a photo tweeted, “Congratulations to the Ladies in White for your Milton Friedman award for advancing liberty. The US stands behind you in your fight against the Cuban government for the rights of its people.” Here is that photo of Ambassador Haley with members of the group.

The prior day four U.S. Senators– Marco Rubio (Rep., FL), Bill Nelson (Dem., FL), Bob Menendez (Dem., NJ) and Ted Cruz (Rep., TX)– introduced a resolution congratulating the Ladies in White on receiving the prestigious award, expressing solidarity with the democratic aspirations of the Cuban people and calling on the Cuban regime to allow members of Las Damas de Blanco to travel freely both domestically and internationally. The press release continued, “the dissident group, which routinely faces brutal beatings and imprisonment from the Cuban regime, peacefully gathers and marches in white clothes every Sunday in Havana carrying a picture of their loved ones in one hand and a white gladiolus in the other.”

Subsequent Incidents Involving the Ladies in White[3]

On Sunday, May 20, the Ladies in White who were on the street were arrested and soon thereafter released except for Marieta Martinez. And the next Tuesday, May 22, their leader, Berta Soler, was arrested outside the group’s Havana headquarters.  Another member, Cecilia Guerra, was also arrested outside the headquarters and immediately released. In addition, two others, Maria Carolina Labrada and Deysi Artiless,  were arrested at their homes.

Cato Institute’s Other Positions on Cuba[4]

Cato Institute’s Handbook for Policymakers, 8th Edition (2017), surprisingly for this reader, recommended repeal of two key statutes authorizing the embargo– the Helms-Burton Law of 1996 and the Torricelli Act of 1992–and ending “all remaining sanctions that prevent U.S. companies from trading and investing in Cuba.” This, it said, would leave the Cold War in the past, and eliminate unintended consequences of a flawed policy. In short, it said, “U.S. policy toward Cuba should focus on national security interests, not on transforming Cuban society or micromanaging the affairs of a transitional government.”

These positions were reiterated in a June 2017 article by a Cato senior fellow, just after President Trump in his Miami speech announced cutbacks in policies for U.S. travel to the island. The article asserted, “The presidential campaign is over. President Trump should do what is best for both the American and Cuban people, and end economic restrictions on the island. Freedom eventually will come to Cuba. Flooding the island with foreign people and money would make that day arrive sooner.”

Cato Institute Background[5]

The Cato Institute describes itself as “a public policy research organization — a think tank — dedicated to the principles of individual liberty, limited government, free markets and peace. Its scholars and analysts conduct independent, nonpartisan research on a wide range of policy issues. It accepts no government funding. Instead, it receives approximately 80 percent of its funding through tax-deductible contributions from individuals, foundations, corporations, and the sale of books and publications.”

Founded in 1974 in Wichita, Kansas as the Charles Koch Foundation by Charles Koch, who is one of the wealthiest persons in the world and who with his brother David runs Koch Industries that supports many so-called conservative causes. In 1976 the Foundation moved to Washington, D.C. and adopted its current name in recognition of Cato’s Letters, a series of essays published in 18th- century England that presented a vision of society free from excessive government power. Cato says “those essays inspired the architects of the American Revolution. And the simple, timeless principles of that revolution — individual liberty, limited government, and free markets — turn out to be even more powerful in today’s world of global markets and unprecedented access to information than Jefferson or Madison could have imagined. Social and economic freedom is not just the best policy for a free people, it is the indispensable framework for the future.”

The current 19 members of Cato’s Board are the following:

John A. Allison, Former President & CEO, Cato Institute; Retired Chairman & CEO, BB&T (the 10th-largest U.S. financial services holding company);

Carl Barney, Chairman, Center for Excellence in Higher Education, a Scientologist and very wealthy operator of for-profit colleges;

Baron Bond, Executive Vice President, The Foundation Group LLC, a real estate management, investment, and development company whose biography appears on the website for the Atlas Society named after Ayn Rand’s “Atlas Shrugged;”

Rebecca Dunn, Trustee, DUNN Foundation, which says it “believes that liberty and opportunity should be enjoyed by the people of this Nation, envisions a world where the use of force by coercive public or private institutions no longer threatens our freedoms and celebrates entrepreneurial innovations that further these purposes;”

Robert Gelfond, wealthy CEO and Founder, Macro Quantitative Strategies (MQS);

Peter N. Goettler, President & CEO, Cato Institute, former officer of Barclays Capital and on board of Atlas Network and advocate of libertarian organizations in several foreign countries;

David C. Humphreys, President & CEO, TAMKO Building Products, Inc. and a “massive” Republican donor;

James M. Kilts, wealthy Partner, Centerview Capital Holdings, an investment banking firm, and former CEO, The Gillette Company;

James M. Lapeyre, Jr., President, Laitram, LLC, a diversified global manufacturer and officer of The Atlas Society;

Ken Levy, Levy Family Fund and businessman;

Robert A. Levy, Chairman, Cato Institute, founder of a major provider of investment information and software and successful attorney in Supreme Court ban on Washington, D.C. gun ban;

Preston Marshall, President/CEO, Rusk Capital Management and friend of the Koch brothers;

Nancy M. Pfotenhauer, President and CEO, MediaSpeak Strategies, staffer on 2008 McCain/Palin campaign and former director of the Washington, D.C. office of Koch Industries;

Lewis E. Randall, Former Director, E*Trade Financial, a financial services company;

Howard S. Rich, real estate investor and Chairman, U.S.Term Limits and other libertarian-oriented political initiatives;

Donald G. Smith, President, Donald Smith & Co., Inc., an investment advisory firm;

Nestor R. Weigand, Jr., Chairman and CEO, JP Weigand & Sons, Inc., a full-service real estate firm;

Jeffrey S. Yass, Managing Director, Susquehanna International Group, LLP, a global trading and technology firm;

Fred Young, Former Owner, Young Radiator Company, and major supporter of conservative groups and candidates.

The members of the International Selection Committee for the 2018 Prize were Leszek Balcerowicz, Former Deputy Prime Minister and Finance Minister, Poland; Janice Rogers Brown, Former Judge, U.S. Court of Appeals for the District of Columbia Circuit; Vicente Fox. Former President, Mexico; Sloane Frost, Chairwoman, Board of Directors, Students for Liberty; Peter N. Goettler, President and CEO, Cato Institute; Herman Mashaba. Executive Mayor, Johannesburg, South Africa; Harvey Silverglate, Co-founder, Foundation for Individual Rights in Education; Donald G. Smith, President, Donald Smith & Company Inc.; and Linda Whetstone, Chair, Atlas Network.

 Conclusion

The preceding account of the history of the Ladies in White tells an impressive story of alleged Cuban suppression of dissent, free speech and assembly and freedom of religion. The Cuban government, however, disagrees and is believed to assert that these women are not religious activists and dissenters, but trouble-makers for hire by the CIA or U.S. Agency for International Development or private groups in the U.S.

Which account is true? We need to hear more from the Cubans and U.S. journalists or private investigators who have investigated the activities of the Ladies in White.

The creation of the Cato Institute (f/k/a Charles Koch Foundation) by Charles Koch and the changing of its name perhaps to conceal or minimize its Koch origins raise questions about its objectivity and fairness.

Cato’s 19-member Board has 17 white, very successful and wealthy men and two white women who apparently are married to very successful and wealthy white men. This too raises questions about the board’s objectivity and fairness.

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

[1] Cato Institute, The Milton Friedman Prize for Advancing Liberty: Las Damas de Blanco, Winner of the 2018 Milton Friedman Prize; Whitefield, Cuba’s Ladies in White win $250,000 prize for advancing liberty, Miami Herald (May 17, 2018).

[2] U.S. Miss. to UN, Tweet: Congratulations to the Ladies in White (May 17, 2018); Press Release, Rubio, Menendez, Nelson, Cruz Introduce Resolution Honoring ladies in White for Milton Friedman Prize for Advancing Liberty (May 16, 2018).

[3] The regime stops Berta Soler and deploys operations in the homes of other Ladies in White, Diario de Cuba (May 22, 2018).

[4] Cato Institute, CATO Handbook for Policymakers—Relations with Cuba,  8th Edition (2017); Bandow, Trump Panders on Cuba, Preferring Cold War over Progress, Cato Inst. (June 23, 2017).

[5]  Cato Institute, About Cato; Cato Institute, Wikipedia.

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.

 

Discussion About Cuba at the Washington Conference on the Americas

On May 8 the U.S. Department of State hosted the Americas Society’s Council of the Americas’ 48th Annual Washington Conference on the Americas with U.S. administration senior officials and distinguished leaders from across the Americas to focus on the major policy issues affecting the hemisphere..[1]

The speakers at this event were Acting Secretary of State John J. Sullivan; U.S. Ambassador to the U.N., Nikki Haley; U.S. Senators Marco Rubio (Rep., FL) and Benjamin Sasse (Rep., NE); other U.S. State Government officials (U.S. Treasury Undersecretary for International Affairs, David Malpass; U.S. Agriculture Undersecretary of Trade and Foreign Agricultural Affairs, Ted McKinney; U.S. Acting Assistant Secretary of State for Western Hemisphere Affairs, Francisco Palmieri) plus Brazilian Ministry of Finance Secretary for International Affairs Marcello Estevão; and International Finance Corporation Chief Executive Officer Philippe Le Houérou.

The bulk of the comments were directed at combatting corruption and at criticizing Venezuela and then at Nicaragua with only a few barbs at Cuba, as discussed below.

Acting Secretary Sullivan’s Remarks[2]

Acting Secretary Sullivan said, “Our engagement in the Americas, of course, is not a recent phenomenon. Since the birth of our republic, the United States has had strong relationships in the Western Hemisphere, bonds built on geography, shared values, and robust economic ties. We strive to coexist peacefully and to do so in a mutually beneficial way.”

The U.S. “Caribbean 2020 strategy is increasing private sector investment in the Caribbean, promoting Caribbean energy security, and building resilience to natural disasters. The Caribbean Basin Security Initiative seeks to enhance maritime interdictions, build institutions, counter corruption, and foster cooperation to protect our shared borders from the impact of transnational crime.”

“Threats to the hemisphere occur on a number of other complex fronts, requiring coordinated and sophisticated responses. Whether building capacity to counter cyber threats, supporting de-mining in Colombia, or combating trafficking in persons, the United States is committed to being the security partner of choice for the Americas in the years ahead.”

“The United States is the top trading partner for over half of the 34 countries in the Western Hemisphere. Annually, we trade $1.8 trillion in goods and services with the hemisphere, supporting millions of jobs and leading to an $8 billion surplus in goods and services in 2017.”

“Underpinning our economic engagement is respect for the rule of law and shared values. Corruption both undermines and corrodes the confidence our citizens have in democratic institutions.”

“Finally, we must keep working together to ensure that the people in this hemisphere can live according to democratic values. . . . While most of the region enjoys democratic rule, a few outliers – Cuba, Nicaragua, and Venezuela – continue to undermine the region’s shared vision for effective democratic governance as enshrined in the Inter-American Democratic Charter.” (Emphasis added.)

The United States remains committed to championing freedom and to standing with the people of Venezuela and Cuba in their struggle to achieve the liberty they deserve. . . . We look to our partners – including governments and civil society organizations – to join us in speaking up whenever and wherever the hemisphere’s shared democratic principles come under attack.” (Emphasis added.)

U.S. Ambassador Haley’s Remarks[3]

“I am here today because the Trump Administration places a high priority on the Western Hemisphere, its security, its prosperity, and its freedom. And we recognize that the United States must reassert our leadership in the hemisphere.”

“I have seen time and time again at the United Nations that when the United States fails to lead, we suffer, and the world suffers. This is even more true in our relationships with other nations. There is no substitute for strong U.S. leadership, based on our values of political and economic freedom and respect for human rights.”

“The prosperity of the United States is critically tied to the prosperity of the hemisphere. Our future is bound up with our neighbors.”

“Among other things, we are each other’s largest and best trading partners. The United States sells more goods and services to our neighbors in the Western Hemisphere than we do to China, Japan, and India combined. While a lot of attention is placed on issues of trade with China, we should keep in mind that we trade nearly three times as much with the Western Hemisphere as we do with China.”

“We are also dependent on each other for our security.”

“And the principle that ties it all together is something else the United States has in common with most of our neighbors in the hemisphere – a commitment to freedom. . . . The western hemisphere is increasingly dominated by countries that share our political and economic principles.”

“The great human rights activist Natan Sharansky had a test for evaluating the freedom of societies that he called the “Town Square Test.” According to Sharansky, if someone can walk into a town square and express his or her views without being arrested, thrown in prison, or beaten, then they lived in a free society. If not, they lived in what he called a ‘fear society.’”

“As we look across the Americas, it’s pretty easy to tell the free societies from the fear societies. It’s a testament to the people of Latin America – and the love of freedom and dignity that exists in the human heart – that most of the hemisphere is free.”

“Across Latin America, the good news is that these challenges are increasingly dealt with through a commitment to the rule of law and democratic institutions. The region is far from perfection, but the progress is unmistakable.”

The democratic process  “has exposed the rot at the core of the Nicaraguan government. Like his patron in Caracas and his mentors in Havana, the Ortega government has stayed in power by rigging elections, intimidating critics, and censoring the media.” (Emphasis added.)

The Cuban-Venezuelan-Nicaraguan model of socialism, dictatorship, corruption, and gross human rights violations has proved to be a complete and total failure. It has caused the suffering of millions of people. (Emphasis added.)

“We cannot allow the last, few surviving authoritarians to drag down the hemisphere. As neighbors, the United States and all the nations of Latin America are bound together on this journey.”

Senator Rubio’s Remarks[4]

Senator Rubio’s hostile opinions regarding the Cuban government are well known and appear to be a major factor behind the Trump Administration’s policies on Cuba. At this conference, Rubio was brief. He said, “What I care about in Cuba is political freedoms. The ability to have independent political parties, and a free press and to speak your mind, that’s what I support in Cuba.” (Emphasis added.)

About a week later, a Rubio complaint led the State Department to cancel a seminar, titled “Cuba under [Miguel] Díaz-Canel,” because it only was going to feature speakers who support normalization with Cuba. The scheduled speakers were Carlos Saladrigas, president of the Cuba Study Group; Marguerite Jimenez of the Washington Office on Latin America; American University professor William LeoGrande; and Philip Peters of the Cuba Research Center. LeoGrande and Peters also are advisers to Engage Cuba, a bipaartisan coalition which favors lifting the U.S. embargo.

Americas Society Background[5]

The Americas Society “Is the premier forum dedicated to education, debate, and dialogue in the Americas. Its mission is to foster an understanding of the contemporary political, social, and economic issues confronting Latin America, the Caribbean, and Canada, and to increase public awareness and appreciation of the diverse cultural heritage of the Americas and the importance of the inter-American relationship.”

Its Council of the Americas is “the premier international business organization whose members share a common commitment to economic and social development, open markets, the rule of law, and democracy throughout the Western Hemisphere. The Council’s membership consists of leading international companies representing a broad spectrum of sectors, including banking and finance, consulting services, consumer products, energy and mining, manufacturing, media, technology, and transportation.”

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[1] State Dep’t, Deputy Secretary Sullivan To Deliver Opening Keynote Remarks at the 48th Annual Washington Conference on the Americas (May 7, 2018); Council of the Americas, Washington Conference on the Americas.

[2] U.S. Embassy in Havana, Remarks at 48th Annual Washington Conference on the Americas (May 8, 2018).

[3] Americas Society. Remarks: U.S. Ambassador Nikki Haley to the 48th Annual Washington Conference (May 8, 2018).

[4]  Press Release, VIDEO: Rubio Delivers Remarks at Annual Washington Conference on the Americas (May 8, 2018); Torres, State Department postpones event on Cuba after Sen. Rubio protests, Miami Herald (May 17, 2018).

[5] Americas Society, About AS/COS .