New U.S. Annual Report on Human Rights Around the World

On April 20 the U.S. State Department released its 2017 Country Reports on Human Rights Practices.  Acting Secretary of State John J. Sullivan wrote the Preface to the Reports and made remarks upon their release while a Special Briefing on the Reports was conducted by Ambassador Michael G. Kozak, the head of the Department’s Bureau of Democracy, Human Rights and Labor.

These three introductions to the Reports will be discussed below, and a future post will review the report on Cuba.

Preface by Acting Secretary of State Sullivan[1]

“We are a nation founded on the belief that every person is endowed with inalienable rights. Promoting and defending these rights is central to who we are as a country.”

“The 2017 Country Reports on Human Rights Practices . . . document the status of human rights and worker rights in nearly 200 countries and territories. These reports are required by U.S. law and are used by a variety of actors, including the U.S. Congress, the Executive branch, and the Judicial branch as a factual resource for decision-making in matters ranging from assistance to asylum.”

“The 2017 U.S. National Security Strategy recognizes that corrupt and weak governance threatens global stability and U.S. interests. Some governments are unable to maintain security and meet the basic needs of their people, while others are simply unwilling. States that restrict freedoms of expression and peaceful assembly; that allow and commit violence against members of religious, ethnic, and other minority groups; or that undermine the fundamental dignity of persons are morally reprehensible and undermine our interests. The Governments of China, Russia, Iran, and North Korea, for example, violate the human rights of those within their borders on a daily basis and are forces of instability as a result.”

“Our foreign policy reflects who we are and promotes freedom as a matter of principle and interest. We seek to lead other nations by example in promoting just and effective governance based on the rule of law and respect for human rights. The United States will continue to support those around the world struggling for human dignity and liberty.”

Remarks by Acting Secretary of State  Sullivan[2]

The Acting Secretary noted that this was the 42nd year of such reports, which “are a natural outgrowth of our values as Americans. The founding documents of our country speak to unalienable rights, fundamental freedoms, and the rule of law – revolutionary concepts at the time of our founding that are now woven into the fabric of America and its interests both at home and abroad.”

“Promoting human rights and the idea that every person has inherent dignity is a core element of this administration’s foreign policy. It also strengthens U.S. national security by fostering greater peace, stability, and prosperity around the world. The Human Rights Reports are the most comprehensive and factual accounting of the global state of human rights. They help our government and others formulate policies and encourage both friends and foes to respect the dignity of all individuals without discrimination.”

“This year, we have sharpened the focus of the report to be more responsive to statutory reporting requirements and more focused on government action or inaction with regard to the promotion and protection of human rights. For example, each executive summary includes a paragraph to note the most egregious abuses that occurred in a particular country, including those against women, LGBTI persons, persons with disabilities, indigenous persons, and members of religious minorities.”

Sullivan then had comments about some countries “with the most egregious human rights records:” Syria, Burma, North Korea (DPRK), China, Iran, Turkey, Venezuela and Russia. He concluded by noted three countries with improvements: Uzbekistan, Liberia and Mexico.

Briefing by Ambassador Kozak[3]

Responding to a journalist’s question whether the U.S. issuance of this report could be regarded as hypocrisy because of U.S. human rights problems, the Ambassador said that this would be an unfounded charge. The report criticizes some country’s revoking licenses of media that criticize the government and even killing journalists; the U.S. does not do that. He also said the U.S. has laws to protect foreigners from being returned to countries where they are likely to face illegal persecution.

Nozak rejected the notion that the report was weakened by President Trump’s calling the U.S. press an enemy of the people and suggesting changing U.S. libel laws to protect politicians like him from unfounded reporting. In contrast he said independent journalists in Cuba “are routinely slapped around, they also get called names, “

This year’s report omitted a special section on women’s reproductive rights because it is not a term derived from an international treaty or from the U.S. statute requiring these annual reports; the latter refers to coerced family planning, coerced abortion or involuntary sterilization. In addition, the new U.S. report has a hyperlink to a WHO report on the subject.

Kozak rejected the notion that this report was undercut by President Trump’s meetings with leaders of countries with poor human rights records.

The U.S. as a matter of policy supports NGOs around the world  that are working to improve human rights.

For  North Korea, the U.S. is concerned about the nuclear issue and about human rights. The report “pretty starkly [discusses] the kinds of abuses, and over the last year or two, we’ve supported . . . a commission of inquiry on North Korea, we support NGOs that are working on North Korea and exposing the human rights abuses that occur in the camps there and so on. But some of the stories that are contained in the report are just overwhelming. There’s one about 11 people who were arrested for supposedly making a pornographic film and they were executed by shooting anti-artillery weapons at them, and then they brought out tanks and ran over the bodies, and this is supposed to be a civilized country.”

The Preface to the report calls China, Russia, Iran and North Korea as “forces of instability.”  This is not a defined term, but refers to situations where internal actions generate international problems like refugee flows and humanitarian crises.

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[1] U.S. State Dep’t, Preface to Country Reports on Human Rights Practices for 2017 (April 20, 2018).

[2] U.S. State Dep’t, Remarks on the Release of the 2017 Country Reports on Human Rights Practices (April 20, 2018).

[3] U.S. State Dep’t, Briefing on the Release of the 2017 Country Reports on Human Rights Practices (April 20, 2018).

Senate Hearing on the 2016 Human Trafficking Report

2016_Report_Cover_200_1

On July 12, the U.S. Senate Committee on Foreign Relations held a hearing about the recently released State Department’s 2016 Human Trafficking Report. After opening statements by the Committee’s Chair, Senator Bob Corker (Rep., TN), and its Ranking Member, Senator Ben Cardin (Dem., MD), the only witness was Ambassador Susan Coppedge.

Senator Corker’s Opening Statement[1]

 “The integrity of last year’s report was called into question because of controversy over how the Tier Rankings were made regarding certain countries.”

“This report and Tier Rankings are an improvement, and we thank you for your leadership in that regard and the way inter-departmentally people worked with each other. The decisions behind certain upgrades, such as Cyprus and the Philippines, and downgrades, such as Uzbekistan, Burma, and Luxembourg, are more balanced and strategic.”

“In the past, back and forth deliberations between the TIP office and the regional bureaus have been the rule. While less pronounced this year, that pattern still shows in how certain countries, such as India, Mexico and Malaysia, are ranked.”

“Each year, the TIP report makes recommendations for progress and turns these into tailored actions for our embassies. Rigorously applied TIP action plans should inform the tough calls on the Tier Rankings.”

“We encourage you to give a fair assessment of countries efforts to address trafficking this year, and we also hope you are candid with us in describing the challenges that still exist in certain countries.”

“This year’s report focuses especially on preventing modern slavery. This is important and needs to be part of substantially increasing international efforts to end modern slavery, which this committee unanimously supports and hopefully will come to fruition very quickly.”

Senator Cardin’s Opening Statement[2]

“Trafficking in persons is one of the great moral challenges of our time.  It destroys people and corrodes communities.  It distorts labor markets and undermines stability and the rule of law.  Trafficking is fueled by greed, violence, and corruption. According to the International Labor Organization, there are at least 21 million victims of modern slavery in the world.  Forced labor alone generates more than $150 billion in profits annually, making it one of the largest income sources for international criminals, second only to drug trafficking.”

Last year, we expressed significant concerns about the neutrality of the 2015 TIP report – primary among them, the decision to upgrade Cuba and Malaysia, from the Tier 3 designation to Tier 2 Watch List.” (Emphasis added.)

“After reviewing the 2016 TIP report, I believe it is a mixed bag.  We saw some aggressive evaluations in the 2016 report; yet, we still see remnants of the exact problems we had last year — pending bilateral concerns impacting the quality of the report.  Again despite little progress from Malaysia and Cuba, the State Department decided to keep both on Tier 2 Watch List this year after they were upgraded from Tier 3 in 2015. This was unnecessary and unwarranted. By contrast, for example, Uzbekistan was upgraded last year to the Tier 2 Watch List. But, as a result of continued government compelled forced labor by adults in the cotton harvest and aggressive harassment and detention of independent monitors, Uzbekistan was appropriately downgraded this year to Tier 3.”(Emphasis added.)

During the hearing Cardin later said that last year Cuba and Malaysia should not have been upgraded from Tier III to Tier II Watch List and should not have remained on that Watch List this year.

 Ambassador Coppedge’s Testimony[3]

 In her prepared testimony, Ambassador Coppedge stated, “Of the countries analyzed in the 2016 Report, 36 were placed on Tier 1, 78 on Tier 2, 44 on Tier 2 Watch List, and 27 on Tier 3. In all, there were 27 downgrades and 20 upgrades. No matter which tier a country is placed on, every nation can and should do more to combat human trafficking, which is why the Report offers recommendations for improvements for every country, even Tier 1 countries like the United States.”

In response to questions, the Ambassador described the process of ranking the countries, which involved collaboration among the people in U.S. embassies around the world and the TIP office at the State Department and arriving at consensus for such rankings for almost all countries. For the few instances of no consensus, the Secretary of State is presented optional rankings, and he or she chooses one of those options. She also testified that for the 2016 report there were no instances in which the Secretary rejected the consensus opinion and that there was only “a handful” of instances without a consensus view.

When Senator Menendez suggested possibly amending the governing statute to make the minimum standards stricter, the Ambassador disagreed. She said that the current statutory flexibility was desirable because of the number of issues and countries that were involved.

Most of the senatorial comments and questions focused on India and Malaysia with brief mention of Mauritania. In addition, the Ambassador summarized the reasons for this year’s downgrades of Burma, Haiti and Luxembourg.

Cuba was touched on by Senators Robert Menendez (Dem., NJ) and Marco Rubio (Rep., FL).[4] The Ambassador said she went to Cuba this past January and pressed officials about whether medical personnel on foreign missions were permitted to hold their own passports. She also noted, as stated in the report, that Cuba does not recognize forced labor as a problem, has no laws against that activity and no prosecutions or convictions in that area. Thus, on that issue it does not meet the U.S. statute’s “minimum standards.” Cuba, however, is making progress regarding sex trafficking, including law enforcement training, prosecutions and protection.

There also were cryptic comments about the Committee’s hearing regarding the prior year’s report and to a vigorous, closed hearing with last year’s witness, Deputy Secretary of State Anthony Blinken.[5] Senator Corker said in his opinion certain aspects of the 2015 report were driven by political considerations, rather than the TIP statute.

Immediately after the hearing Chairman Corker issued a press release.[6] It said that he had “noted improvements over last year’s report but argued for continued progress to strengthen the integrity of the Tier Rankings that will help support global efforts to fight human trafficking and end modern slavery.“ Corker “noted that more should be done to ensure recommendations from the TIP office about a country’s progress in combating trafficking are not overruled by political appointees within the State Department based upon other diplomatic considerations.”

Conclusion

Prior posts have reviewed the TIP’s reports assessments of Cuba’s record regarding human trafficking in 2015 and 2016 and mounted a vigorous and, in this blogger’s opinion, effective rebuttals of the contentions that Cuba was engaged in illegal forced labor with respect to its medical personnel on foreign missions.

As those prior posts indicate, these foreign medical missions spring from a Cuban objective of being in solidarity with people in need around the world while also building a community of international allies for the island and in more recent years being a major source of revenue for the Cuban government’s exports of services.

According to Granma, the newspaper of the Communist Party of Cuba, the country’s foreign medical missions started in 1960 when a Cuban medical brigade treated the victims of an earthquake in Chile, followed by the sending of another group in 1963, to provide health care in Algeria, then recently liberated from French colonial rule.

Through May 31, 2016, a total of 325,000 Cuban health personnel have provided medical services in 158 countries. There are currently 55,000 Cubans working in 67 countries, including more than 25,000 doctors. The Granma article provides a list of all the 158 countries with the number of Cuban medical personnel who have worked there.[7]

This year’s hearing did not examine those criticisms of the reports’ contention that Cuba was engaged in illegal forced labor on its foreign medical missions. Instead, the apparent assumption of all the senators at the hearings seemed to be that Cuba was so engaged. Nothing, however, was said at this hearing to criticize or invalidate this blogger’s contention that there is no such illegal forced labor by Cuba.

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[1] Corker Opening Statement at Hearing on “Review of the 2016 Trafficking in Persons Report,” (July 12, 2016).

[2] Cardin Remarks at Trafficking in Persons Report Hearing (July 12, 2016)

[3] Coppedge, Testimony: Review of the 2016 Trafficking in Persons Report (July 12, 2016); Senate Foreign Relations Comm., Hearing: Review of the 2016 Trafficking in Persons Report (July 12, 2016)(video).

[4] Senator Rubio’s subsequent press release contained a transcript of his interchange with Ambassador Coppedge. (Rubio, Press Release: Rubio Presses State Department On 2016 Trafficking in Persons Report (July 12, 2016).) Senator Menendez in his press release “criticized the apparent politicization of the U.S. Department of State’s annual [TIP] Report, noting that Cuba, Malaysia and other nations continue to enjoy favorable status despite failures to meet minimum legal standards prescribed by Congress.” Menendez also announced his intent to introduce a bill to change the process for preparing the TIP report. (Menendez: TIP Report Can’t Be a ‘Shell Game’ (July 12, 2016).)

[5] The Senate Committee’s closed hearing in 2015 with Deputy Secretary Blinken was touched on in a prior post.

[6] Corker: Continued Progress Needed to Strengthen Integrity of Human Trafficking Report (July 12, 2016).

[7] Barbosa, Cuba’s international health cooperation, Granma (July 15, 2016),

 

Inspiration of a Christian Lawyer by the Martyred Jesuit Priests of El Salvador

In my first visit to El Salvador in April 1989 I did not know anything about the University of Central America (Universidad de Centro America or UCA) or about its Jesuit professors.

UCA's Romero Chapel
UCA’s Romero Chapel
Fr.  Jon Sobrino
Fr. Jon Sobrino

 

 

 

 

 

 

 

 

That started to change when the other members of my delegation and I visited UCA’s beautiful, peaceful campus, in contrast to the noisy bustle of the rest of San Salvador, and when we had an hour’s calm, reasoned conversation with one of its professors, Fr. Jon Sobrino, S.J., a noted liberation theologian. I came away impressed with UCA and with Sobrino.

I, therefore, was shocked six months later to hear the news of the November 16, 1989, murder of six of UCA’s Jesuit professors and their housekeeper and daughter. How could such a horrible crime happen to such intelligent, peaceful human beings in that tranquil, academic setting?

Martyred Jesuits, Housekeeper & Daughter
Martyred Jesuits, Housekeeper & Daughter

I was even more appalled when I learned about the selfless, courageous lives of the murdered Jesuits who used their minds, education and spirits to help the poor people of that country and to work for bringing about a negotiated end to its horrible civil war.

Their deaths were repetitions of the horrible assassination of Archbishop Oscar Romero on March 24, 1980, who like the Jesuits had used his mind, education and spirit to help the poor people of his country and to condemn violent violations of human rights. The same was true of another Salvadoran Roman Catholic priest, Rutilio Grande, who was murdered in 1977 because of his protests against the regime’s persecution of the poor people, and of the 1980 murders of the four American churchwomen, who worked with the poor in that country.

Thus, Romero, Grande, the four American churchwomen and the murdered Jesuits are forever linked in my mind as profound Christian witnesses and martyrs. Their examples have strengthened my Christian faith to love God with all your heart, mind and soul and your neighbor as yourself.

UCA's Romero Chapel
UCA’s Romero Chapel
Capilla de Hospital de la Divina Providencia
Capilla de Hospital de la Divina Providencia

 

All of these experiences have inspired me to learn more about El Salvador, Romero, Grande, the churchwomen and the Jesuits’ Christian witness in the midst of violence and threats to their own lives. On my subsequent five trips to that country, I always visit UCA for prayer in the Romero Chapel where the Jesuits’ bodies are buried and in the beautiful chapel of a cancer hospital where Romero was assassinated.

On my 2000 visit to El Salvador for the 20th anniversary of Oscar Romero’s assassination, my group visited UCA to spend time with its then Rector, Dean Brackley, a Jesuit priest from the U.S. who went to El Salvador to help UCA after the murders of his brother priests. He impressed me as a calm voice of reason and passion in UCA’s ministry of helping the poor and the country.

In 2010 I returned to El Salvador for the 30th anniversary of Romero’s assassination. On my delegation’s visit to UCA, we spent time with its then Rector, José Maria Tojeira, S.J.. He was an amazingly serene and soft-spoken man. He told us he was a new “church bureaucrat” (the Jesuit Provincial for Central America) at UCA in November 1989 and lived nearby, but not on the campus. During the night of November 15th-16th he heard gunfire and thought there must have been a skirmish between the Salvadoran security forces and the guerrillas. The next morning he went to the campus and was one of the first people to see the dead bodies of his six fellow Jesuits and their cook and her daughter. He nonchalantly said to our group, “That morning I thought I was the next one to be killed.” Later that day he went to his office and found faxed messages of support and solidarity from people all over the world. Then in the same casual manner, he said he thought, “Well, maybe I am not the next to be killed.”

As a result, my cloud of Salvadoran witnesses includes Oscar Romero; Rutilio Grande; the American churchwomen; the Jesuit priests; Fr. Brackley; Fr. Tojeira; Bishop Menardo Gomez of the Salvadoran Lutheran Church, who escaped a death squad on the night the Jesuits were murdered; Salvador Ibarra, who in 1989 was a lawyer for the Salvadoran Lutheran human rights office; and my Salvadoran asylum clients. Outside of El Salvador, of course, I am impressed by another Jesuit, Pope Francis.

I have been humbled to learn about the incredible courage and minds of the Jesuits, not just at UCA, but at other Jesuit universities that are generally regarded as the best of Roman Catholic institutions of higher learning. Simultaneously I am puzzled how such a marvelous group of religious men could have emerged from the Jesuits who were the shock-troops of the Counter-Reformation and did so many horrible things during the Spanish Inquisition.

All of this also inspired me to become a pro bono lawyer for Salvadorans and later others (an Afghani, a Burmese man, two Somali men and two Colombian families) who were seeking asylum or other legal status that would enable them to remain in the U.S. and escape persecution in their own countries. I always have regarded this as the most important and spiritually rewarding thing I have ever done. As I did so, I often reflected that I was able to do this in the secure and comfortable legal office of a large Minneapolis law firm. I did not have to risk my life to help others as did my Salvadoran saints.

After I had retired from practicing law in 2001, the Jesuits along with Archbishop Oscar Romero continued to inspire me to learn more about international human rights law as I co-taught a course in that subject at the University of Minnesota Law School from 2002 through 2010. In the process, I was amazed to discover the array of inter-related ways the international community had created to seek to enforce international human rights norms in a world still based essentially on the sovereignty of nation states.

I then was inspired to use my legal research and writing skills to investigate how these various ways had been used to attempt to bring to justice the perpetrators of the assassination of Archbishop Romero, the rapes and murders of the American churchwomen and the murderers of the Jesuit priests and then to share the results of that research with others on this blog. Many posts have been written about Romero, including the various unsuccessful legal proceedings to identify and punish those responsible for that crime. Other posts have discussed the criminal case still pending in Spain over the murders of the Jesuits and their housekeeper and daughter while another post summarized other legal proceedings that unsuccessfully sought to assign criminal responsibility for the murders of the Jesuit priests other than the brief imprisonment in El Salvador of two military officers.

I also have written the following other posts prompted by the 25th anniversary celebration of the lives of the priests and commemoration of their murders:

I give thanks to God for leading me in this path of discovery and inspiration.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

U.S. State Department’s Report on International Religious Freedom in 2013

USDeptStateseal

On July 28, 2014, the U.S. State Department released its annual report on religious freedom around the world.[1]

 Secretary of State Kerry’s Comments

Announcing the release of the report, U.S. Secretary of State John Kerry said although the U.S. was “obviously far from perfect,” it was important for the U.S. to treasure freedom of religion as “a universal value. . . . The freedom to profess and practice one’s faith is the birthright of every human being . . . [and] are properly recognized under international law. The promotion of international religious freedom is a priority for President Obama and it is a priority for me as Secretary of State.” In short, “religious freedom remains an integral part of our global diplomatic engagement.”

Executive Summary of the Report

The world had the largest displacement of religious communities in recent memory. In almost every corner of the globe, millions of Christians, Muslims, Hindus, and others representing a range of faiths were forced from their homes on account of their religious beliefs. Out of fear or by force, entire neighborhoods are emptying of residents. Communities are disappearing from their traditional and historic homes and dispersing across the geographic map.” In conflict zones (Syria, Central African Republic and Burma), this mass displacement has become a pernicious norm.

All around the world, individuals were subjected to discrimination, violence and abuse, perpetrated and sanctioned violence for simply exercising their faith, identifying with a certain religion, or choosing not to believe in a higher deity at all. Countries where this was a significant problem were Pakistan, Egypt, Saudi Arabia, Iran, Bangladesh, Sri Lanka and Eritrea. Throughout Europe, the historical stain of anti-Semitism continued to be a fact of life.

Governments repressed religious freedom. Governments from all regions subjected members of religious groups to repressive policies, discriminatory laws, disenfranchisement, and discriminatory application of laws. These governmental actions not only infringed on freedom of religion themselves, but they also often created a permissive environment for broader human rights abuses. Restrictive policies included laws criminalizing religious activities and expression, prohibitions on conversion or proselytizing, blasphemy laws, and stringent registration requirements or discriminatory application of registration requirements for religious organizations. This was especially true in North Korea, Saudi Arabia, Iran, Sudan, China, Cuba, Tajikistan, Turkmenistan, Uzbekistan, Pakistan, Burma, Russia and Bahrain.

Governments engaged in discrimination, impunity and displacement of religious minorities. When governments choose not to combat discrimination on the basis of religion and intolerance, it breeds an environment in which intolerant and violent groups are emboldened, even to the point of physically attacking individuals on the basis of their religious beliefs. Governments in these countries failed to protect vulnerable communities and many religious minority communities were disproportionately affected, resulting in a large number of refugees and internally displaced persons. This was especially true in Syria, Sri Lanka, Egypt, Iraq, Bangladesh, Indonesia, India and Nigeria. Rising anti-Semitism and anti-Muslim sentiment in the following countries of Europe demonstrated that intolerance is not limited to countries in active conflict:Belgium, France, Germany, Hungary, Italy, Latvia, Sweden and United Kingdom.

Religious minority communities were disproportionately affected by violence, discrimination and harassment. In many regions of the world, religious intolerance was linked to civil and economic strife and resulted in mass migration of members of religious minority communities throughout the year. In some of these areas, the outward migration of certain communities has the potential to permanently change the demographics of entire regions.

“Countries of Particular Concern”

Pursuant to the International Religious Freedom Act of 1998, the Secretary of State designated the following countries as “Countries of Particular Concern” (CPC): Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, Turkmenistan, and Uzbekistan. Such countries “engage in or tolerate particularly severe violations of religious freedom” or “systematic, ongoing, and egregious violations of religious freedom, including torture, cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges, abduction or clandestine detention of persons, or other flagrant denial of the right to life, liberty, or the security of persons based on religion.”

Turkmenistan, which is new to this State Department list, is the only one of eight countries recommended for such designation by the latest report from the U.S. Commission on International Religious Freedom. The others so recommended by the Commission are Egypt, Iraq, Nigeria, Pakistan, Syria, Tajikistan and Vietnam.

Ambassador-at-large for International Religious Freedom

Simultaneously with this report’s release, the Obama administration announced the nomination of Rabbi David Saperstein as the next ambassador-at-large for international religious freedom. Rabbi Saperstein, a reform rabbi and lawyer known for his work in Washington to advance religious freedom, would be the first non-Christian to lead the State Department’s Office of International Religious Freedom, if confirmed by the Senate.

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[1] This post is based upon the International Religious Freedom Report for 2013 (July 28, 2014); Secretary Kerry, Remarks at Rollout of the 2013 Report on International Religious Freedom (July 28, 2014); Assistant Secretary Malinowski, Remarks on the Release of the 2013 Report on International Religious Freedom (July 28, 2014); Department of State, Fact Sheet: 2013 Report on International Religious Freedom (July 28, 2014). Earlier posts covered the international law regarding religious freedom and the State Department’s reports on the subject for 2011 and 2012.

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

Comm'n Intl Religious Free                                                

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

Introduction

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

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

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

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

General Recommendations

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

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

“Countries of Particular Concern” (Tier 1 Countries)

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

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

Tier 2 Countries

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

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

Other Countries

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

Conclusion

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

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

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

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

 

 

 

 

 

 

 

 

My Vocations

The words and music about vocation at the January 26th and February 9th worship services at Minneapolis’ Westminster Presbyterian Church have inspired my general thoughts about vocation set forth in a prior post. Now I reflect on my own vocations.

Until I was in my early 40’s, I had no religious beliefs after high school and no sense of vocation.

That started to change in 1981 when I joined Westminster and embraced what I now see as my first vocation: serving the church as a ruling elder (1985-1991) and over time as an active member of several of its committees (Spiritual Growth, Communications and Global Partnerships). More recently I joined its Global Choir. After all, a new member covenants to find “a definite place of usefulness” in the church.

For 10 years (2003-2013) I served as chair of Global Partnerships, which supervises the church’s partnerships with churches and other organizations in Cuba, Cameroon, Palestine and for a time in Brazil. This lead to my going on three mission trips to Cuba, one to Cameroon and another to Brazil. As a result, I established personal friendships with people in those countries as part of our collective, and my personal, vocation of being present with our brothers and sisters in other parts of the world and standing in solidarity with them. I also learned about the history, culture and current issues of those countries. This in turn lead to a strong interest in promoting reconciliation between the U.S. and Cuba and Cuban religious freedom, and as a U.S. citizen I have endeavored to do just that.

This sense of religious institutional vocation also encompassed my serving on the Board of Trustees of United Theological Seminary of the Twin Cities for another 10-year period (1988-1998). In my small way, I helped nurture future ministers of the church. In the process I got to know interesting members of the faculty, administration and board and about the life of U.S. seminaries.

I, however, initially struggled with how to integrate my newly reclaimed religious beliefs and my life as a practicing lawyer, and over the years found ways to share this struggle with others, especially with my fellow lawyers.

One way I discovered a vocation in the practice of law resulted from experiencing the bitterness and lack of reconciliation between opposing parties in litigation and, too often, as well between their lawyers, including myself. This experience lead in the late 1980’s through the 1990’s to a personal interest in, and writing and speaking about, alternative dispute resolution (ADR), one of whose objectives is resolution of such disputes more amicably, and to my active participation in the ADR Section of the Minnesota State Bar Association.

Another and more powerful vocation involving my professional life emerged when a senior partner of my law firm in the mid-1980’s asked me to provide legal counsel to the firm’s client, the American Lutheran Church (“ALC” and now the Evangelical Lutheran Church in America). The problem: how should the ALC respond to information that the U.S. immigration agency (INS) had sent undercover agents into worship services and Bible-study meetings at ALC and Presbyterian churches in Arizona that provided sanctuary or safe places to Salvadorans and Guatemalans fleeing their civil wars.

The conclusion of this engagement was the ALC and the Presbyterian Church (USA)—my own denomination—jointly suing the U.S. government to challenge the constitutionality of such spying. Eventually the U.S. district court in Arizona held that the U.S. Constitution’s First Amendment “free exercise” of religion clause protected churches from unreasonable government investigations.

U.S. immigration law was in the background of this case, but I did not know anything about that law. I, therefore, sought to remedy that deficiency by taking a training course in asylum law from the Minnesota-based Advocates for Human Rights.

I then volunteered to be a pro bono lawyer for a Salvadoran seeking asylum in the U.S. because of his claim to a well-founded fear of persecution in his home country because of his political opinions and actions opposing its government. Again, my initial motivation for this action was to be a better lawyer for the ALC.

I discovered, however, that being a pro bono asylum lawyer was my passionate vocation while I was still practicing law and continued doing so until I retired from the practice in the summer of 2001. In addition to El Salvador, my other clients came from Somalia, Afghanistan, Burma and Colombia. I was able to assist them in obtaining asylum and thereby escape persecution. In the process, I learned more about asylum law and other aspects of immigration law as well as the horrible things that were happening in many parts of the world. I was able to use my experience and gifts in investigating and presenting facts and legal arguments to courts and officials and came to see this as one of the most important and rewarding vocations I have ever had.

In the process of this asylum work, I also learned for the first time about the humbling and courageous ministry and vocation of Salvadoran Archbishop Oscar Romero, who was assassinated in March 1980 because he repeatedly spoke out against human rights violations in his country. He now is my personal saint. I also learned about the important and courageous work in that country by the Jesuit priests and professors at the University of Central America, six of whom were murdered in November 1989 for the same reason, and they too have become heroes for me.

Another Salvadoran I met on my first trip to that country enriched my sense of the potential for vocation in practicing law. He was Salvador Ibarra, a lawyer for the Lutheran Church’s human rights office, who spoke about the joy he experienced in his work.

After retiring from the full-time practice of law in 2001, I served as an Adjunct Professor at the University of Minnesota Law School (2002 through 2010) to co-teach international human rights law. I thereby hoped to encourage law students to become interested in the field and to include such work in their future professional lives. Thus, this became another vocation with the side benefit of enabling me to learn more about the broader field of international human rights.

I chose another retirement in 2011, this time from part-time teaching, in order to start this blog about law, politics, history and religion. I came to see it as yet another vocation. I think it important to share my religious experiences and beliefs in the midst of active consideration of legal and political issues and demonstrate that it is possible for an educated, intelligent individual to have such beliefs.

In 2011 as a member of the planning committee for my Grinnell College class’ 50th reunion. I thought we should do more to remember our deceased classmates than merely list their names in our reunion booklet. I, therefore, suggested that if each committee member wrote five or six obituaries, we would have written memorials for all of our departed classmates. However, no one else volunteered to participate in this project so I did it all myself except for a few written by spouses. After the reunion, I continued to do this when the need arises.

Although this project required a lot of work, I came to see it as pastoral work and rewarding as I learned about the lives of people, many of whom I had not really known when we were together as students. I drew special satisfaction when I learned that a classmate who had died in his 30’s had two sons who had never seen the College annuals that had a lot of photographs of their father as a physics student and co-captain of the football team, and I managed to find a set of those annuals which were sent to the sons. I thus came to see this as a vocation.

Many of these vocations resulted from invitations from others to do something, which I accepted. Initially the invitations did not seem to be calls for a vocation, and it was only after doing these things and reflecting upon them that I saw them as such.

The concept of vocation often seems like doing something for others without any personal rewards other than feeling good about helping others. I, therefore, am amazed by the many ways I have been enriched by these endeavors. I have learned about different areas of the law, different countries and the lives of interesting people, living and dead.

I feel blessed that I have discovered at least some of the work that God has called me to do, in Frederick Buechner’s words, “the work that I need most to do and that the world most needs to have done.”

Or as Rev. Hart-Andersen said on February 9th, “When Jesus calls we get up and go, stepping forward in the direction of the one calling us. Being a follower of Jesus is not a destination . . . . Being called to follow Jesus is a way of life, a pilgrimage on which we embark together.”

What’s next?

 

 

 

 

 

 

President Obama Speaks Out for Religious Freedom

President Obama
President Obama

On February 6th at the National Prayer Breakfast in Washington, D.C., President Obama affirmed that we are “all children of a loving God; brothers and sisters called to make His work our own.  But in this work, as Lincoln said, our concern should not be whether God is on our side, but whether we are on God’s side.”

It was important, Obama said, that “as Americans, we affirm the freedoms endowed by our Creator, among them freedom of religion. . . . [This] freedom safeguards religion . . . [and] religion strengthens America.  Brave men and women of faith have challenged our conscience and brought us closer to our founding ideals, from the abolition of slavery to civil rights, workers’ rights.”

In addition, the President declared, “promoting religious freedom is a key objective of U.S. foreign policy.” Therefore, the U.S. must take steps to challenge the threats to that freedom around the world. “We see governments engaging in discrimination and violence against the faithful.  We sometimes see religion twisted in an attempt to justify hatred and persecution against other people just because of who they are, or how they pray or who they love.  Old tensions are stoked, fueling conflicts along religious lines, . . . even though to harm anyone in the name of faith is to diminish our own relationship with God.  Extremists succumb to an ignorant nihilism that shows they don’t understand the faiths they claim to profess — for the killing of the innocent is never fulfilling God’s will; in fact, it’s the ultimate betrayal of God’s will.”

Specific criticisms for violations of religious freedom were directed by the President at China, Burma, Nigeria, Pakistan, Iran, Egypt, Syria and North Korea.

The President also made a personal confession of his own religious faith. He said, God had “directed my path to Chicago and my work with churches who were intent on breaking the cycle of poverty in hard-hit communities there. . . . [The] church fed me . . .[and] led me to embrace Jesus Christ as my Lord and Savior . . . [and] to Michelle — the love of my life — and it blessed us with two extraordinary daughters [and] to public service.  And the longer I serve, especially in moments of trial or doubt, the more thankful I am of God’s guiding hand.”

Earlier this year the President, proclaiming January 16th as Religious Freedom Day, emphasized that “America embraces people of all faiths and of no faith. We are Christians and Jews, Muslims and Hindus, Buddhists and Sikhs, atheists and agnostics. Our religious diversity enriches our cultural fabric and reminds us that what binds us as one is not the tenets of our faiths, the colors of our skin, or the origins of our names. What makes us American is our adherence to shared ideals — freedom, equality, justice, and our right as a people to set our own course.”

Samantha Power
Samantha Power

A similar statement about Religious Freedom Day was made by U.S. Ambassador Samantha Power, the U.S. Permanent Representative to the U.N. She said, “Protecting freedom of religion is a cornerstone of American foreign policy, carried out by prioritizing accountability for religiously-motivated violence, urging governments to adopt legal protections for religious minorities, and promoting societal respect for religious diversity. And at the United Nations, we work with our partners to fight for the world’s religious minorities, including adoption of the landmark Human Rights Council resolution calling on member states to combat intolerance, violence, and discrimination based on religion.”[1]


[1] The New York Times and Washington Post issued reports on the President’s speech at the National Prayer Breakfast. Earlier posts have discussed the work on international freedom of religion by the U.S. Department of State and by the quasi-independent U.S. Commission on International Religious Freedom.