Realpolitik Analysis of U.S. Ministerial To Advance Religious Liberty and U.S. Commission on Unalienable Rights       

Walter Russell Mead, the Wall Street Journal’s Global View columnist, sees a realpolitik rationale for the Trump Administration’s embrace of its concept of human rights in the U.S. Second Ministerial To Advance Religious Freedom, the U.S.  International Religious Freedom Alliance and the U.S. Commission on Unalienable Rights.[1]

According to Mead, the Administration believes, these human rights initiatives, help “to unify its populist and conservative supporters in the U.S. even as it builds a coalition against Chinese overreach in Asia and beyond.”

“The fight for religious freedom integrates foreign and domestic concerns for many of Mr. Trump’s Christian supporters, who face aggressive secularism in the U.S. and follow closely the persecution of Christians abroad. Even American Christians concerned about [alleged] “creeping Shariah” and other alleged consequences of Muslim immigration to Western countries rally to the cause of religious liberty as a global value.”

By “highlighting China’s increasingly totalitarian policies, . . . the U.S. [shows that it] is doing more than Iran, Turkey or Pakistan to support oppressed Muslims in China [and that] does not go unnoticed in the Muslim world.”

In addition to his role as the Journal’s Global Views columnist, Mead is the James Clarke Chace Professor of Foreign Affairs and the Humanities at Bard College and a Distinguished Fellow in American Strategy and Statesmanship at the Hudson Institute.

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[1]  Mead, Trump’s Hesitant Embrace of Human Rights, W.S.J. (July 22, 2109). This blog recently has published many posts about the Ministerial To Advance Religious Freedom and the Commission on Unalienable Rights.

 

U.S. State Department’s Second Ministerial To Advance Religious Freedom

On July 16-18, 2019, the U.S. State Department hosted its Second Ministerial to Advance Religious Freedom. The opening event was held at the U.S. Holocaust Memorial Museum in Washington, D.C. to emphasize the “importance of promoting religious freedom and protecting religious minorities.” The closing event, also in Washington, D.C. was at the National Museum of African American History and Culture and co-hosted by the U.S. Holocaust Memorial Museum.[1]

First Day Activities[2]

After welcoming remarks by Secretary Pompeo and Ambassador at Large for International Religious Freedom Sam Brownback, the participants discussed the opportunities and challenges for promoting and defending religious freedom globally. Through a series of plenary sessions, they discussed the necessary building blocks and emerging trends in advancing religious freedom, as well as how religious freedom, international development, and humanitarian aid can work together to advance mutual interests.

Second Day Activities[3]

 There were three separate discussions led by topical experts, civil society actors, religious leaders, academics and working-level government officials on topics such as best practices for religious freedom advocacy; limitations in forming, registering and recognizing religious communities; challenges facing religious minorities; combatting the rise of anti-Semitism and anti-Islamic behavior; countering violent extremism; religious freedom and national security; religious freedom and economic development; cultural heritage protection for religious sites; religious minorities and humanitarian crises; international development aid and religious freedom; and mobilizing faith leaders around peace and development goals.

At the end of the second day, the White House held a brief reception for some of the Ministerial attendees. One was Cuban Pastor Mario Felix Lieonart, who said, “Pastor, Ramón Rigal, and his wife are imprisoned in Cuba.  Please pray for them and help the people in Cuba. Two other Cuban pastors who were invited for the Ministerial “are not here because the government in Cuba would not give them permission to come. They are Moisés de Prada, president of the Assemblies of God, and Álida León, president of the new Evangelical League of Cuba, which said, “The intention to attend [the Ministerial] was made public, it was a proof of transparency and truth, we have nothing institutionally to hide.” Lieonart added, I am here because I am a refugee in United States.  Thank you for your hospitality for me.” In response to a question from President Trump, Rev. Lieonart said, “Raúl Castro is continuing in power because he is the First Secretary of the Communist Party.  And the new President is not really Cuba’s leader. Castro is the real leader.”

Third Day Activities[4]

Senior government and international organization representatives focused on: identifying global challenges to religious freedom; developing innovative responses to persecution on the basis of religion; and sharing new commitments to protect religious freedom for all. Survivors or close relatives of those who suffered persecution due to their religion or beliefs shared their stories. Government delegations were encouraged to announce new actions and commitments they will take to protect and promote freedom of religion or belief.

There also were the Keynote Address by Secretary Pompeo, an Address by Vice President Mike Pence and Closing Comments by Ambassador Brownback. The highlights of those speeches follow.

Secretary Pompeo’s Keynote Address

The attendance aat this Ministerial “proves that religious freedom matters to literally billions of people all around the world. Look around you. Religious freedom isn’t just a Christian concern, a Jewish concern, a Muslim concern, a Buddhist concern, a Hindu concern, or a humanist concern. It’s all of our concern; it is everyone’s concern.”

“Here in the United States, our Declaration of Independence clearly states that certain rights are unalienable. There are liberties to which all of mankind, in all places, at all times are entitled. Religious freedom is one of them. Our Constitution puts it in the very first amendment.”

“Thomas Jefferson, our first Secretary of State, [helped author the Virginia Statute of Religious Freedom,“ which states, ‘Almighty God hath created the mind free… No man shall be compelled to frequent or support any religious worship or ministry, or shall otherwise suffer on account of his religious opinions or belief.’”

“The UN Universal Declaration of Human Rights affirms religious freedom or belief as a universal right.”

“Today, we come together to turn our convictions into action. And there’s not a moment to lose. A shocking 83 percent of the world’s population live in nations where religious freedom is either threatened or denied entirely.”

Perhaps you’ve heard the recent news of the Cuban evangelical leaders who registered for this very event to come here to Washington but were not permitted to come. . . . [T]he Cuban government prevented them from . . . [coming] to express their religious freedom. Such is the thuggish, intolerant nature of the current regime in Havana.” (Emphasis added.)

The Secretary then commented about violations of religious freedom in Iran, Burma and China.

“{L]ookl at what we’ve accomplished as a result of last year’s ministerial.”

“The State Department has established an International Religious Freedom Fund – a multi-donor fund that provides rapid assistance to victims of persecution all throughout the world. It’s already serving good, and its purpose around the world is expanding. . . . We encourage more countries to step up to the plate and donate and contribute to this important cause that can do so much good all around the world.”

Here are other examples. The “United Arab Emirates they hosted the first regional conference in February on promoting religious tolerance in their curricula. . . .  {T]he nations of the Organization of American States unanimously put forth their first ever statement, introduced by the United States, affirming religious freedom in our hemisphere. Along with the United Kingdom, the United States co-sponsored a groundbreaking conference this past November on meeting the needs of vulnerable religious minorities in conflict zones. And several governments have created special ambassadors specifically charged with advancing religious freedom in their country and around the world.”

The State Department “recently commissioned a group called the Commission on Unalienable Rights to generate a serious debate about human rights that extends across party lines and across national borders. The commission’s purpose is very simple. We’re not out to discover new principles but to ground our discussion of human rights in America’s founding principles, and religious freedom is certainly amongst them.”

“In 2019, the State Department introduced mandatory training on international religious freedom for every one of our Foreign Service Officers. We’ve, so far, trained nearly 12,000 employees on how to identify religious discrimination and persecution and how to work closely with faith leaders all across the world. It is incredibly important that our diplomats be our ambassadors for this first freedom.”

“We should all consistently speak out about abuses of religious freedom. It’s the least that we can do. Today, we have nine statements of concern on countries and issues all teed up. I would ask each of you to sign them in solidarity.”

“Albania, Colombia, Morocco, and the Vatican will host regional conferences in the near future.”

“Thanks to Poland’s efforts, the UN General Assembly has named August 22nd as a special day to remember the victims of religious persecution. Please commemorate it in your home countries too. And we should all keep making the case at the United Nations and in other bodies that religious freedom should be a priority for that institution.”

“But governments alone can’t properly tackle this problem. Our countries need to support civil society groups.”

“I’m very proud to announce today a new effort that’s intended to help us in our goals across the board. We will create the International Religious Freedom Alliance. We hope that this new vehicle – the first every international body devoted to this specific topic – will build on efforts to date and bring likeminded countries together to confront challenges of international religious freedom. . . . it will defend the unalienable rights for all human beings to believe – or not to believe – whatever it is they choose.”

“You all came here because you understand that it is our responsibility to help them. We’re all in this fight together. You can be sure that the United States will be out front defending the God-given, unalienable right of all human beings to worship as they choose.”

Vice President Pence’s Remarks

“Since the earliest days of our nation, America has stood for religious freedom.  Our first settlers left their homes and all they knew for the chance to, as they said, “Begin the world [all] over again.”  They carved protections for religious liberty into the founding charters of our nation and our very earliest laws.  And after our independence was won, the crafters of America’s Constitution enshrined religious liberty as the first of our American freedoms.”

“Our Declaration of Independence proclaims that our precious liberties are not the gift of government, but rather they’re the unalienable rights endowed by our Creator.  Americans believe that people should live by the dictates of their conscience, not the diktats of government.”

“Free minds build free markets.  And wherever religious liberty is allowed to take root, it is prosperity and peace that ultimately flourish as well.”

“And as we tell even our closest allies, those who reject religious freedom are more likely to breed radicalism and resentment; that it can sow those seeds of violence and it can too often cross borders. And those who deny religious freedom to their own people often have few qualms denying those rights to others.”

“The list of religious freedom violators is long; their oppressions span the globe.” It includes Burma, Nicaragua, Venezuela, Iran, Burma, China, North Korea, Eritrea, Mauritania, Pakistan, Saudi Arabia, China and North Korea.”

“While religious freedom is always in danger in authoritarian regimes, threats to religious minorities, sadly, are not confined to autocracies or dictatorships.  The truth is, they can and do arise in free societies, as well, not from government persecution, but from prejudice. This is the evil of Anti-Semitism.”

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[1] State Dep’t, Secretary Pompeo Convenes Second Ministerial to Advance Religious Freedom (June 25, 2019); State Dep’t, Ministerial To Advance Religious Freedom Convenes Opening and Closing Events (July 12, 2019). The first Ministerial in July 2018 was discussed in a prior post.

[2] State Dep’t, Day 1: 2019 Ministerial To Advance Religious Freedom (July 16, 2019).

[3] State Dept, Day 2: Track 1: 2019 Ministerial To Advance Religious Freedom (July 17, 2019); State Dept, Day 2: Track 2: 2019 Ministerial To Advance Religious Freedom (July 17, 2019); State Dept, Day 2: Track 3: 2019 Ministerial To Advance Religious Freedom (July 17, 2019); The White House, Remarks by President Trump in Meeting with Survivors of Religious Persecution (July 17, 2019); Cuban Pastor Denounces Cuban Violations of Religious Freedoms to President Donald Trump, Diario de Cuba (July 19, 2019); The regime prevents two of Cuba’s leading evangelical leaders from leaving the country, Diario de Cuba (July 14, 2019); We have nothing to hide’: the Evangelical League of Cuba, Diario de Cuba (July 19, 2019).

[4] State Dep’t, Day 3: 2019 Ministerial To Advance Religious Freedom (July 18, 2019); State Dep’t, Secretary of State Michael R. Pompeo Keynote Address at the Ministerial to Advance Religious Freedom (July 18, 2019); The White House, Remarks by Vice President Pence at the 2nd Annual Religious Freedom Ministerial (July 18, 2019). The prior day the Secretary made a similar speech for the presentation of international religious freedom awards. (State Dep’t, Secretary of State Michael R. Pompeo at the Reception for the Ministerial To Advance Religious Freedom and Presentation of the International Religious Freedom Awards (July 17, 2019).

 

 

 

U.S. State Department’s First Ministerial To Advance Religious Freedom

In July 2018, the U.S. State Department held the first ever Ministerial To Advance Religious Freedom.[1] At the event’s conclusion, the State Department issued various documents that are discussed below.

The Potomac Declaration [2]

After quoting Article 18 regarding religious freedom of the Universal Declaration of Human Rights that was adopted by the U.N. General Assembly in 1948, the Potomac Declaration asserted, “This right is under attack all around the world. Almost 80 percent of the global population reportedly experience severe limitations on this right. Persecution, repression, and discrimination on the basis of religion, belief, or non-belief are a daily reality for too many. It is time to address these challenges directly.” Therefore, the Chairman of the Ministerial (Secretary Pompeo) declared: the following:

  • “Every person everywhere has the right to freedom of thought, conscience, and religion. Every person has the right to hold any faith or belief, or none at all, and enjoys the freedom to change faith.
  • Religious freedom is universal and inalienable, and states must respect and protect this human right.
  • A person’s conscience is inviolable. The right to freedom of conscience, as set out in international human rights instruments, lies at the heart of religious freedom.
  • Persons are equal based on their shared humanity. There should be no discrimination on account of a person’s religion or belief. Everyone is entitled to equal protection under the law regardless of religious affiliation or lack thereof. Citizenship or the exercise of human rights and fundamental freedoms should not depend on religious identification or heritage.
  • Coercion aimed at forcing a person to adopt a certain religion is inconsistent with and a violation of the right to religious freedom. The threat of physical force or penal sanctions to compel believers or non-believers to adopt different beliefs, to recant their faith, or to reveal their faith is entirely at odds with freedom of religion.
  • Religious freedom applies to all individuals as right-holders. Believers can exercise this right alone or in community with others, and in public or private. While religions do not have human rights themselves, religious communities and their institutions benefit through the human rights enjoyed by their individual members.
  • Persons who belong to faith communities and non-believers alike have the right to participate freely in the public discourse of their respective societies. A state’s establishment of an official religion or traditional faith should not impair religious freedom or foster discrimination towards adherents of other religions or non-believers.
  • The active enjoyment of freedom of religion or belief encompasses many manifestations and a broad range of practices. These can include worship, observance, prayer, practice, teaching, and other activities.
  • Parents and legal guardians have the liberty to ensure the religious and moral education of their children in conformity with their own convictions.
  • Religion plays an important role in humanity’s common history and in societies today. The cultural heritage sites and objects important for past, present, and future religious practices should be preserved and treated with respect.”

The Potomac Plan of Action [3]

The lengthier Plan of Action also was issued by the Chairman of the Ministerial. It states as follows:

Defending the Human Right of Freedom of Religion or Belief

States should increase collective advocacy and coordination to promote and protect religious freedom and to counter the persecution of individuals because of religion or belief. In that spirit, states should work to:

  • Condemn strongly acts of discrimination and violence in the name of or against a particular religion or lack thereof and press for immediate accountability for those responsible for such violence, including state and non-state actors.
  • Protect members of religious communities, dissenting members, and non-believers from threats to their freedom, safety, livelihood, and security on account of their beliefs.
  • Respect the liberty of parents to provide their children religious and moral education in conformity with their own conscience and convictions and to ensure members of religious minority communities and non-believers are not forcibly indoctrinated into other faiths.
  • Protect the ability of religious adherents, institutions, and organizations to produce in quantities they desire religious publications and materials, as well as to import and disseminate such materials.
  • Increase international understanding of how suppression of religious freedom can contribute to violent extremism, sectarianism, conflict, insecurity, and instability.
  • Ensure false accusations of “extremism” are not used as a pretext to suppress the freedom of individuals to express their religious beliefs and to practice their faith, or otherwise limit freedoms of peaceful assembly and association.
  • Eliminate restrictions unduly limiting the ability of believers and non-believers to manifest their faith or beliefs in observance and practice, either alone or in community with others, through peaceful assembly, worship, observance, prayer, practice, teaching, and other activities.
  • Speak out bilaterally, as well as through multilateral fora, against violations or abuses of the right to freedom of religion or belief.

Confronting Legal Limitations

States should promote religious freedom and bring their laws and policies into line with international human rights norms regarding freedom of religion or belief. In that spirit, states should work to:

  • Protect freedom of thought, conscience, religion, or belief and ensure individuals can freely change beliefs, or not believe, without penalty or fear of violence, and encourage the repeal of provisions penalizing or discriminating against individuals for leaving or changing their religion or belief.
  • Encourage any state-managed registration systems for official recognition of religious communities be optional (rather than mandatory) and not unduly burdensome, so as to help facilitate the free and legal practice of religion for communities of believers.
  • Allow religious communities to establish freely accessible places of worship or assembly in public or private, to organize themselves according to their own hierarchical and institutional structures, to train their religious personnel and community members, and to select, appoint, and replace their personnel in accordance with their beliefs without government interference.
  • Repeal anti-blasphemy laws, which are inherently subjective, and often contribute to sectarianism and violent extremism. Enforcement of such laws unduly inhibits the exercise of the rights to freedoms of religion, belief, and expression and leads to other human rights violations or abuses.
  • Recognize that respect for religious freedom can afford space to religious actors to engage in constructive efforts to prevent and counter violent extremism, terrorism and conflict, and to collaborate with non-religious actors on the same.
  • Encourage the development of conscientious objection laws and policies to accommodate the religious beliefs of military age persons and provide alternatives to military service.

Advocating for Equal Rights and Protections for All, Including Members of Religious Minorities

States should promote the human rights of members of religious minorities, dissenting members from the majority faith, and non-believers, including freedom of religion or belief. In that spirit, states should work to:

  • Treat all persons equally under the law – regardless of an individual’s religion, beliefs or religious affiliation, or lack thereof – and ensure law enforcement officials take measures to protect all persons, including members of religious minorities, from harm or discriminatory acts on account of their faith or beliefs.
  • Prevent discrimination on the grounds of religion or belief in access to justice, employment, education and housing, in personal status and family laws, and in access to opportunities for expression in public forums.
  • Ensure that all people, including religious minority community members, are free from forced conversions, and are entitled to and receive equal protection under the law without discrimination.
  • Respond quickly to physical assaults on persons and the destruction or vandalizing of holy sites or property based on religion or belief, and hold those responsible accountable.
  • Encourage teaching about the value of intra- and inter-faith understanding and collaboration, and promote a general understanding of world religions to reduce harmful misunderstandings and stereotypes.
  • Foster religious freedom and pluralism by promoting the ability of members of all religious communities, including migrant workers, to practice their religion, and to contribute openly and on an equal footing to society.
  • Encourage authorities to denounce and condemn public discrimination and crimes targeting individuals on account of their religion or belief or lack thereof.

Responding to Genocide and other Mass Atrocities

States should use appropriate diplomatic, humanitarian and other necessary means to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity, including when based on religious convictions. In that spirit, states should work to:

  • Take immediate action to protect their populations from genocide, crimes against humanity, war crimes, and ethnic cleansing.
  • Condemn messages or narratives that promote violence against the holders of certain religious or other beliefs or that foster intra- and inter-religious tensions, whether by government officials or non-state actors.
  • Take steps to support investigative efforts and work to preserve evidence and document suspected crimes when reports of atrocities arise, including genocide, war crimes, crimes against humanity, or ethnic cleansing.
  • Hold accountable those responsible for genocide, crimes against humanity, war crimes, mass atrocities, and ethnic cleansing and related crimes, and employ mechanisms to promote accountability, justice, and reconciliation.
  • Consider the needs of survivors and families of survivors of atrocities and provide them assistance and resources to help rebuild and heal traumatized communities and individuals in post-conflict areas.
  • Work with willing victims and survivors of mass atrocities to develop and disseminate communications and educational efforts about their experiences, recovery and resilience.

Preserving Cultural Heritage

States should increase efforts to protect and preserve cultural heritage, including that of threatened minority religious communities, particularly in conflict zones, and to preserve cultural heritage sites, even those of communities whose members have dwindled or emigrated to other countries. In that spirit, states should work to:

  • Adopt and implement policies that introduce or improve inventory lists of cultural sites and objects that promote respect for and protect heritage, including places of worship and religious sites, shrines, and cemeteries, and that take appropriate protective measures where such sites are vulnerable to vandalism or destruction by state or non-state actors.
  • Safeguard heritage sites, and help other governments do so, by offering technical assistance and professional training to relevant officials, as well as provide emergency assistance for sites in immediate danger.
  • Assist impacted communities to secure, protect, repair and/or stabilize their cultural heritage sites.
  • Encourage participation by the local population in the preservation of their cultural heritage, and engage members of religious communities and others, including their leadership, with training on ways to protect their cultural heritage from damage and/or looting.
  • Assist with efforts to restore cultural heritage sites of significance to multiple communities in a conflict zone so as to foster intra- and inter-faith relations and rebuild trust.
  • Raise public awareness, particularly among youth, of the significance and history of cultural heritage, by working with and through religious actors and other community leaders.

Strengthening the Response

States should take actions to respond to threats to religious freedom that continue to proliferate around the world. In that spirit, states should consider endorsing the Potomac Declaration and work to:

  • Extend financial support to assist persons persecuted for their religious freedom advocacy, affiliation or practice, or for being a non-believer and support the capacity-building work of religious freedom advocacy organizations, and encourage private foundations to increase funding to such causes.
  • Strengthen rule-of-law, fair trial guarantees, and the institutional capacity to protect religious freedom and other human rights.
  • Provide additional diplomatic resources through the creation of special ambassadorial positions or focal points in foreign ministries, and support collective action through such groupings as the International Contact Group for Freedom of Religion or Belief and the International Panel of Parliamentarians for Freedom of Religion or Belief.
  • Train and equip diplomats in the meaning and value of religious freedom and how to advance it.
  • Recommit annually to promoting religious freedom for all, by establishing August 3, the first day of ISIS’s Sinjar massacre targeting Yezidis, as a nationally or internationally recognized day of remembrance of survivors of religious persecution.
  • Allow and support civil society organizations and religious actors in their efforts to advocate for, and organize on behalf of, religious freedom, pluralism, peace and tolerance and related values.
  • Facilitate the creation of domestic forums, or utilize existing groups, where religious groups, faith-based organizations and civil society can meet to discuss concerns about religious freedom at home and abroad, as well as through bodies at the regional level.
  • Encourage government ministries and officials to engage with and listen to the domestic forums regularly, and implement relevant suggestions when possible.
  • Encourage national economic investment projects that foster collaboration and trust building across different communities and demonstrate the economic, societal and individual benefits of respect for religious freedom and pluralism.
  • Train and support religious community actors, including religious actors, to build resilience to and prevent violent extremism and terrorism, which negatively affect religious freedom, by disseminating alternative messages, engaging at-risk community members, and implementing intra- and inter-faith partnerships.

International Religious Freedom Fund [4]

With the U.S. providing coverage for all personnel, administrative and overhead expenses, all of the funds contributed by others would fund the following program activities:

  • Supporting initiatives that address the barriers to freedom of religion or belief. This encompasses activities such as advocacy initiatives, awareness campaigns, public messaging, community inclusion efforts, conflict prevention
  • Providing assistance to those facing discrimination on the basis of religion or belief for individual needs including, assistance to address threats of violence; medical needs resulting from violent assault; and replacement of equipment damaged or confiscated as a result of harassment.

Other Actions of the Ministerial [5]

The Ministerial also issued statements about Repression by Non-State Actors, including Terrorist Groups; Iran; Counterterrorism as a False Pretext for Religious freedom Repression; China; Burma; and Blasphemy/Apostasy Laws.

According to the Secretary of State before its convening, this Ministerial was to “reaffirm our commitment to religious freedom as a universal human right. This ministerial . . . . . . Religious freedom is indeed a universal human right that I will fight for. [The Ministerial] will not just be a discussion group. It will be about action. We look forward to identifying concrete ways to push back against persecution and ensure greater respect for religious freedom for all.”

At the conclusion of this Ministerial, the Secretary of State emphasized that “President Trump has directed his administration to advance and defend the rights of religious freedom at home and abroad, because religious freedom is a universal God-given right to which all people are entitled. It is also an essential building block for all free societies. Ensuring religious freedom around the world is a key priority of the Trump administration’s foreign policy.”

After describing what happened at the Ministerial, Secretary Pompeo complimented Vice President Pence’s announcement of the U.S. Genocide Recovery and Persecution Response, and the U.S. International Religious Freedom Fund. Pompeo also announced that the Department was creating a ten-day International Victor Leadership Program for those “working on the frontiers of religious freedom issues” around the world and a three-day workshop Boldline “to support and scale innovative public-private partnerships that promote and defend religious freedom around the world.” Also announced was the then upcoming Potomac Declaration and the Potomac Plan of Action for religious freedom.

Conclusion

 Although as a member of a Presbyterian Church I strive to follow the teachings of Jesus, I approached the investigation of this Ministerial with some skepticism and fear that it was a device to promulgate what I would regard as a right-wing approach to religion and Christianity.

However, the above account of the work of the first Ministerial does not support such skepticism.Nor does the latest State Department annual report on international religious freedom insofar as it cites to the relevant international standards on the subject. Whether or not its gathered “evidence” or analysis of same meets the same standard is another issue for another day. [6]

Later this month the State Department will hold its second such Ministerial [7] for like-minded governments that have a demonstrated record of advancing religious freedom and are committed to promoting Article 18 of the Universal Declaration of Human Rights, or governments that have taken significant and meaningful steps to do so; and survivors or close relatives of those who suffered persecution due to their religion or beliefs. This Ministerial will have the following agenda:

  • Discuss opportunities and challenges for promoting and defending religious freedom globally, including how such freedom, international development and humanitarian aid can work together.
  • Discuss best practices for religious freedom advocacy; limitations in forming, registering and recognizing religious communities; challenges facing religious minorities; combatting the rise of anti-Semitism and anti-Islamic behavior; countering violent extremism; religious freedom and national security; religious freedom and economic development; cultural heritage protection for religious sites; religious minorities and humanitarian crises; international development aid and religious freedom; and mobilizing faith leaders around peace and development goals.
  • Identify global challenges to religious freedom; develop innovative responses to persecution on the basis of religion; and share new commitments to protect religious freedom for all. Invitations will be extended to

This blog will examine this second Ministerial’s work to see if there is any reason to change a favorable opinion about its work. As always, this blog invites reasoned pro and con comments, especially for topics or perspectives that were overlooked.

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[1] According to the State Department’s Diplomatic Dictionary, a “ministerial” is a “ formally arranged meeting of ministers of various states, such as the Defense or Foreign Ministers of the member states of the North Atlantic Treaty Organization.”

[2] State Dep’t, Potomac Declaration (July 24, 2018).

[3] State Dep’t, Potomac Plan of Action (July 24, 2018).

[3] State Dep’t, International Religious Freedom Fund: Fact Sheet (July 27, 2018).

[4] State Dep’t, Ministerial to Advance Religious Freedom Statement on Religious Freedom Repression by Non-State Actors, including Terrorist Groups (July 26, 2018); State Dep’t, Ministerial to Advance Religious Freedom Statement on Iran (July 26, 2018); State Dep’t, Ministerial to Advance Religious freedom Statement on Counterterrorism as a False Pretext for Religious Freedom Repression (July 26, 2018); State Dep’t, Ministerial to Advance Religious freedom Statement on China (July 26, 2018); State Dep’t, Ministerial to Advance Religious freedom Statement on Burma (July 26, 2018); State Dep’t, Ministerial to Advance Religious freedom Statement on Blasphemy/Apostasy Laws (July 26, 2018).

[5] State Department’s Latest Report on International Religious Freedom, dwkcommentaries.com (June 25, 2019).

[6] State Department’s Latest Report on International Religious Freedom, dwkcommentaries.com (June 25, 2019)

[7] State Dep’t, Ministerial to Advance Religious Freedom, 16-18 July 2019 (June 21, 2019); State Dep’t, Secretary Pompeo Convenes Second Ministerial To Advance Religious Freedom (June 25, 2019).

 

U.S. Cuba Internet Task Force’s Final Report

On June 16, 2019, the U.S. Cuba Internet Task Force released its Final Report.[1] It identified what it saw as the following four key challenges to Cuban access to the Internet along with recommendations for expanding such access and the unregulated flow of information on the island.

The Final Report

“I. LIMITED INFRASTRUCTURE, HIGH PRICES, LOW SPEED, AND GOVERNMENT-REGULATED ACCESS”

“Cuba’s Internet penetration rates and speed lag behind regional averages, and access is extremely restricted due to limited infrastructure, high prices, low speed, and Cuban-government regulated access points.”

“Recommendations”

Construction of a new submarine cable: Support efforts to enable construction of new submarine cables, as appropriate.”

Support organic network growth: Some entrepreneurial Cubans have built local-area networks to connect devices at home and in their neighborhoods. These local networks have the potential to support economic growth in the emerging private sector. Increased exportation of U.S. networking tools to private consumers in Cuba could support the organic growth of local networks.” (Emphasis added.)

 U.S. exchange programs: Promote [U.S.] exchange programs that permit Cuban students and faculty, who specialize in technology and computer science, to learn from top U.S. scholars and practitioners about network developments and technology.” (Emphasis added.)

“II. HIGHLY AUTHORITARIAN GOVERNMENT, CENSORSHIP, AND SURVEILLANCE”

“Cuba’s one-party communist state severely restricts freedoms of the press, assembly, speech, and association, and initiatives to promote Internet freedom and increase Internet access on the island are viewed with suspicion.”

“The Cuban government has tightened surveillance and persecution of Cubans who acquire their own satellite Internet stations or create their own networks to expand Internet service with imported technology. Surveillance of ICT [Information and Technology firms] in Cuba is widespread, and dissident bloggers are subject to punishments ranging from fines to confiscation of equipment and detentions. Anonymity and encryption technologies are strictly prohibited, and web access points, such as Wi-Fi hotspots, cybercafés, and access centers are closely monitored. There are concerns that as Cuba acquires sophisticated technologies and increases Internet access, its surveillance and censorship tactics could potentially improve.”

“Recommendations”

Digital safety educationAll Cubans would benefit from educational initiatives that inform them how to keep their online activity and data secure. Support for educational and public awareness campaigns that introduce basic concepts on digital safety could help Cubans more effectively protect themselves from security threats online.”

 “Support Cubans’ unfettered access to the InternetSupport for initiatives that promote the free flow of information to, from, and within the island could make online media and private communication more readily available to the Cuban people amid government censorship of specific content.”

“III. UNLEASH THE POWER OF THE INTERNET: DIGITAL LITERACY”

“According to a June 2018 survey conducted by Freedom House, 80 percent of the 1,700 Cubans surveyed said they use the Internet mostly to communicate with friends and relatives and for entertainment. Very few said they used the Internet to exchange views on social and political issues, read about news and other developments, consume educational content, or to learn about topics of general interest (e.g. health, law, etc.). Increasing digital literacy in Cuba could transform the Internet in Cuba from a simple communication tool to a means through which Cubans can express social, economic, and political beliefs. Given the highly authoritarian political context, it is difficult to separate Internet freedom in Cuba from the broader quest for freedom of expression and human rights. Full access to free and unregulated information online will occur only if the Cuban government relaxes its tightly controlled grip on society and communications.”

“Recommendations”

ICT literacy: Collaborative educational initiatives hosted by academic institutions, foreign governments, and multilateral bodies could help expand ICT literacy in Cuba. The focus of such programs should be on using the Internet for education, civic engagement, community building, economic activity, and the free exchange of opinions.”

 Promote freedom of expressionSupport for independent stakeholders could help advance rights for all Cubans. That support could include the development of projects that train Internet users to produce compelling online content that encourages diverse perspectives on society, politics, and culture.” (Emphasis added.)

“IV. U.S. MARKET ENTRY”

“China dominates Cuba’s telecommunication sector and provides a challenge to U.S. firms looking to enter the sector. . . . [China] is able to offer robust financing packages to support its exports to Cubasomething the U.S. government is prohibited from doing and which presents a major obstacle for U.S. companies wishing to invest in ICT [information and technology firms] in Cuba.” (Emphasis added.)

U.S. companies informed the subcommittees they are often deterred from entering the market due to uncertainty caused by frequent changes to U.S. regulations concerning Cuba. Other [U.S.] companies have chosen not to offer key products and services, citing reasons ranging from regulatory ambiguity to banks’ reluctance to process payments originating in Cuba due to the U.S. embargo.” (Emphasis added.)

“Recommendations”

“Facilitate exports and servicesConsider expediting the review of National Security controlled encryption items, provided such treatment would be consistent with U.S. foreign policy and national security interests. In addition, review banking and financial regulations related to Cuba to ensure that Cubans can access paid applications and cloud-based technology.” (Emphasis added.)

Engage with U.S. private sectorThe U.S. Government could continue discussions with the U.S. private sector to clarify current regulations and seek feedback on how the regulations affect their ability to invest in ICT in Cuba.” (Emphasis added.)

Cuban Government’s Criticism of the Task Force

To date I have not found any Cuban comments about,  including criticism, of this Final Report. Therefore, here are previous criticisms upon the creation of the Task Force in January 2018.[2]

On January 31, 2018,  the Cuban Foreign Ministry sent a note protesting the U.S. recent creation of the Cuba Internet Task Force. It expressed Cuba’s “strong protest for the pretension of the US government to violate flagrant Cuban sovereignty, with respect to national competence to regulate the flow of information and the use of mass media, while rejecting the attempt to manipulate the Internet to carry out illegal programs for political purposes and subversion, as part of their actions aimed at altering or changing the constitutional order of the Republic of Cuba.”

This Task force has “the stated objective of promoting in Cuba the ‘free and unregulated flow of information.’ According to the announcement, this task force will ‘examine the technological challenges and opportunities to expand Internet access and independent media’ in Cuba.

Cuba again demands that the Government of the United States cease its subversive, interfering and illegal actions against Cuba, which undermine Cuban constitutional stability and order, and urges it to respect Cuban sovereignty, International Law and the purposes of and principles of the Charter of the United Nations.”

The “Cuban Foreign Ministry reiterates the determination of the Government of Cuba not to tolerate any type of subversive activity or interference in its internal affairs and, as a sovereign country, to continue defending itself and denouncing the interfering nature of this type of action.”

“Cuba will continue to regulate the flow of information as is its sovereign right and as is practice in all countries, including the United States. Cuba will also continue advancing in the computerization of its society, as part of the development of the country and in terms of the social justice objectives that characterize its Revolution.”

Other Cuban Criticism of the Task Force

Granma, the official newspaper of the Communist Party of Cuba, said, “In the past phrases like promoting ‘freedom of speech’ and ‘expanding access to the internet in Cuba’ have been used by Washington as a pretext for schemes to destabilize the country using new technologies.”

One of Granma’s journalists, Sergio Gómez, declared, “If the administration of President Donald Trump intends to use new technologies to impose changes in the internal order of Cuba, he chose very old roads that have already demonstrated their ineffectiveness, without mentioning the obvious fact that they violate the laws of the affected country, even those of the United States.” Moreover, the “terrain chosen for the new aggression, Internet, clearly demonstrates what the true objectives of Washington are when it demands ‘free access’  to the network in the countries that oppose it, while in its territory it maintains a tracking system and accumulation of data about what citizens do on the web.”

Gómez also asserted that the U.S. “shows a clear pattern of the use of social networks and the internet with objectives geopolitical and domination. All part of a doctrine of unconventional war designed to destabilize nations without the direct use of military forces, which has taken root after the failures in the conflicts in Iraq and Afghanistan.”

In another article, Gómez added details about Cuba’s expanded Internet access apparently to reject the implicit premise of the U.S. announcement that Cuba was continuing to suffer from lack of such access. Gomez said, “Cuba, by sovereign decision and to the extent of its economic possibilities, is increasing the access of its citizens to the network of networks. According to information provided by specialist Rosa Miriam Alizada, ‘2017 will be remembered as the boom in the expansion of access to the network in our country, with 40% of Cubans connected to the Internet, 37% more than in 2010, and for the naturalization of the internet connection in urban spaces from one end of the island to the other.’”

Gomez also said, “Although the State Department tries to camouflage its . . . [Task Force] as a philanthropic project to improve access to the network of networks in . . .  [Cuba], the list of participants in . . . [its] first meeting . . . betrays its true intentions.”

  • One participant, the Office of Cuba Broadcasting, “is the umbrella of Radio and TV Martí, two relics of the Cold War designed to issue enemy propaganda and carry out psychological operations against Cuba. Millions of dollars of American taxpayers have been wasted in the failed projects of this organization, [which has been] subjected to several audits for corruption scandals and embezzlement.”
  • Another participant, U.S. Agency for International Development (USAID), ”is the public arm of the CIA and financier of subversive projects against Cuba such as ZunZuneo and Commotion, whose disclosure by the press was a shame for the US authorities due to its ineffectiveness and violation of international laws.”

Gomez and co-author Iramsy Peraza Forte added that “the U.S. has been using communications technologies to attack Cuba ever since the age of shortwave radios and the emergence of television.” Indeed, “From psychological warfare propagated by the mass media to unconventional warfare, which has been adapted to the internet age, Cuba has been a test site for U.S. schemes designed to overthrow governments which do not respond to its interests.”

Another Cuban journalist with a Doctorate in Political Science from the University of Havana, Randy Alfonso Falcón, reported this was not the first time the U.S. had attempted to use the Internet regarding Cuba. On February 14, 2006, then Secretary of State Condoleezza Rice created the Global Internet Freedom Task Force for “maximizing freedom of expression and free flow of information and ideas, especially in Cuba, Iran and China.

Therefore, Falcón believes, “In the face of US action In the Cuban digital public space, our response cannot be merely defensive. We must look forward with a scientifically based vision that mobilizes responses and alternatives from Cuba to the extraordinary ideological and cultural confrontation that arises. Take by assault, from the knowledge, the tools of the new colonizers, build ours and endow them with symbols and emancipating essences.”

The day before the Task force’s inaugural meeting, Reuters reported from Havana that there are now “a handful of web-based news outlets in recent years in Cuba in the wake of the expansion of internet and broader social and economic freedoms. . . .These new outlets have been tolerated as long as they are not ‘counter-revolutionary’ and “have been chipping away at a half-century state monopoly, offering independent reporting and winning prestigious journalism prizes.”

Moreover, several representatives of these independent media, according to Reuters, have expressed opposition to the Task Force.

U.S. Criticism of This Task Force

The creation of the Task Force was criticized by Michael Bustamante, an assistant professor of Latin American history at Florida International University. He said, “By casting the issue of internet access in an explicitly political frame, it will only create greater obstacles for those U.S. telecom companies that have made inroads toward partnerships with the Cuban side. Measures like these strengthen the hand of those in Cuba for whom the prospect (and reality) of external meddling justifies maximum caution with respect to internal reform.”

Cuba expert Ted Henken at Baruch College in New York, said, “”The solution proposed by the Trump administration is perhaps even worse than the disease. It will likely empower not the independent media or citizens but only the Cuban government to more easily justify the unjustifiable – more control and repression of independent media and unmediated access to information.”

Alan Gross, the previously mentioned U.S. citizen who was arrested, convicted and imprisoned in Cuba for illegally bringing communications equipment to the island, has objected to the Task Force.  “My first response was ‘Are you kidding me?’ We are supposed to learn from our mistakes. I learned the hard way that it’s illegal to distribute anything in Cuba that’s funded in full or part by the U.S. government. Until the government of Cuba wants the kind of assistance United States is capable of providing, the United States shouldn’t be doing stuff there.”

Conclusion

The Task Force, from its creation to its Final Report, is based upon the false and illegal premise that the U.S. unilaterally may and should decide what Internet services Cuba or any other country should have and then take unilateral steps to provide those services and equipment. Instead the U.S. should politely ask Cuba or any other country whether there was any way the U.S. could assist in improving their Internet service.

In addition, the Cubans correctly point out that the U.S. through USAID and other means previously has attempted to change Cuban policies about free access to information with the U.S. intent of changing Cuba policies and even its political and economic system. Cuba has a right to be sceptical and hostile to any recommendations by this Task Force.

The Final Report also makes clear that a significant motivation of the Task Force was to improve U.S. private firms’ access to the Cuban market for Internet products and services, which is a legitimate U.S. interest. The Final Report also correctly, but somewhat surprisingly, points out that the U.S. embargo and changing policies about Cuba make that access more difficult. Therefore, the Task Force should have gone further and called for the end to the U.S. embargo of the island and other acts of hostility towards Cuba.

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[1] State Dep’t, Cuba Internet Task Force: Final Report (June 16, 2019).

[2] See these posts to dwkcommentaries: State Department Creates Cuba Internet Task Force and Suspends Enforcement of Statutory Liability for Trafficking in Certain Cuban Expropriated Property (Jan. 25, 2018); Cuba Protests U.S.’ Cuba Internet Task Force (Feb. 1, 2018); U.S.’ Cuba Internet Task Force Holds Inaugural Meeting (Feb. 8, 2018); Objections to the U.S.’ Cuba Internet Task Force (Feb. 9, 2018).

 

State Department’s Latest Report on International Religious Freedom

On June 21, 2019, the U.S. State Department released its 2018 Report on International Religious Freedom in every other country in the world in accordance with the International Religious Freedom Act of 1998 (P.L. 105-292). The Report’s stated focus is describing other government’s “policies violating religious belief and practices of groups, religious denominations and individuals, and U.S. policies to promote religious freedom around the world.” [1]

Here is an overview of that report and a subsequent post will discuss its report on Cuban religious freedom.

Overview

The initial draft of the report for each country is prepared by the U.S. Embassy in that country “based on information from government officials, religious groups, nongovernmental organizations, journalists, human rights monitors, academics, media, and others.”

That draft then is reviewed and modified by the State Department’s Office of International Religious Freedom in Washington, D.C. based on additional information from “consultations with foreign government officials, domestic and foreign religious groups, domestic and foreign nongovernmental organizations, multilateral and other international and regional organizations, journalists, academic experts, community leaders, and other relevant U.S. government institutions.”

The Department says its “guiding principle is to ensure that all relevant information is presented as objectively, thoroughly, and fairly as possible.  Motivations and accuracy of sources vary, however, and the Department of State is not in a position to verify independently all information contained in the reports.” (Emphasis in original.)

Appropriately annexed to the Report were the texts of the following documents on this subject:

  • [U.N. General Assembly]Universal Declaration of Human Rights, Art. 18 (1948) (“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.”) (App. A);
  • [U.N. General Assembly Resolution (1966)] International Covenant on Civil and Political Rights, App. B): Art. 18(1)(“ Everyone shall have the right to freedom of thought, conscience, and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice, and teaching.” Art 18(2)(“ No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.” Art. 18(3)(“ Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.” Art. 20(2)(“ Any advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”)
  • [U.N. General Assembly] Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief [Nov. 25, 1981](App. C)(reiteration of above Covenant with additional provisions).
  • Religious Freedom Commitments and Obligations From Regional Bodies and Instruments (European Union: Charter of Fundamental Rights; Organization for Security and Cooperation in Europe (OSCE), Helsinki Final Act; (App. D); OSCE, Vienna Concluding Document; OSCE, Copenhagen Concluding Document; African Union, African Charter on Human and Peoples’ Rights; Organization of American States (OAS), American Declaration of the Rights and Duties of Man; OAS, American Convention on Human Rights).
  • Department of State Training Related to the International Religious Freedom Act—2018 (App. E).
  • Department of Homeland Security and the International Religious Freedom Act (App. F);
  • Overview of U.S. Refugee Policy (App. G).

“Countries of Particular Concern” (CPC) & ”Special Watch List”[2]

 Under the International Religious Freedom Act of 1998, the Secretary of State (by presidential delegation) is required to designate as a Country of Particular Concern (CPC) “each country the government of which has engaged in or tolerated systematic, ongoing and egregious violations of religious freedom.”

In addition, under the Frank R. Wolf International Freedom Act of 2016, the Secretary (by presidential delegation) is required to designate a country to the Special Watch List if it does not meet “all of the CPC criteria but engages in or tolerates severe violations of religious freedom.”

As of November 28, 2018, the Secretary designated as CPCs Burma, China, Eritrea, Iran, North Korea, Pakistan, Saudi Arabia, Sudan, Tajikistan, and Turkmenistan. In addition, the Secretary designated Comoros and Uzbekistan to the Special Watch List.

The just released 2018 Report apparently does not have a separate section on CPCs, but an examination of its Country Reports for those just listed as CPCs reveals that all continue in that status. In addition, Comoros and Uzbekistan continue on the Special Watch List with the addition of Russia.

 Ambassador Sam Brownback’s Role and Remarks

This report was prepared under the direction of Ambassador at Large for International Religious Freedom Sam Brownback,[3] with guidance from officials in the Bureau of Democracy, Human Rights, and Labor (DRL).

At the launch of this report, Ambassador Brownback provided a Special Briefing.[4] He started with this alarming comment, “The fight against religious freedom is mounting. There was a report that 80 percent of people live in places where religious freedom is under attack, yet most of the world organizes their life around a set of religious beliefs.”

As a result, he said, the U.S. is working to “see the iron curtain of religious persecution come down; until governments no longer detain and torture people for simply being of a particular faith or associated with it; until people are no longer charged and prosecuted on specious charges of blasphemy; until the world no longer believes it can get away with persecuting anyone of any faith without consequences.”

The Ambassador then had critical comments about this freedom in Iran, China, Eritrea, Turkey and Nicaragua.

Secretary of State Pompeo’s Remarks[5]

Also at the launch of this report, Secretary of State Pompeo made remarks. He noted that Uzbekistan had made improvements and no longer was a “Country of Particular Concern.” Also complimented for specific improvements on this subject were Pakistan and Turkey. But the Secretary specifically criticized Iran, Russia, Burma and China. Finally he noted that the Department in mid-July will be hosting the second annual Ministerial To Advance Religious Freedom.

Conclusion

As noted above, a future post will examine how the above background was applied to the report about Cuban religious freedom.

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[1] State Dep’t, 2018 Report on International Religious Freedom (June 21, 2019) This blog has commented on religious freedom in the “International Religious Freedom” section of List of Posts to dwkcommentaries—Topical (RELIGION).

[2] State Dep’t, Frequently Asked Questions: IRF Report and Countries of Particular Concern (circa Nov. 28, 2018).

[3] Ambassador Brownback, a Republican, is a former Kansas Secretary of Agriculture (1986-93), U.S. Representative (1995-96), U.S. Senator (1996-2011) and Governor (2011-18). (Sam Brownback, Wikipedia.)

[4] State Dep’t, Special Briefing: Ambassador at Large for International Religious Freedom Sam Brownback (June 21, 2019).

[5] State Dep’t, Secretary of State Michael R. Pompeo at the Release of the 2018 Annual Report on International Religious Freedom (June 21, 2019)

 

 

Still Uncertainty Over What Happened to U.S. Diplomats in Cuba

A lengthy New York Times article reviews the different theories that have been offered about what happened to some U.S. diplomats in Cuba starting in December 2016. The article then concludes by saying that to this date no one really knows the cause(s).[1]

The article, however, presses the question of whether the diplomats symptoms “are primarily psychogenic — or ‘functional’ — in nature. If true, it would mean that the symptoms were caused not by a secret high-tech weapon but by the same confluence of psychological and neurological processes — entirely subconscious yet remarkably powerful — underlying hypnosis and the placebo effect. They are disorders, in other words, not of the brain’s hardware but of its software; not of objective injuries to the brain’s structure but of chronic alterations to how the brain functions, typically following exposure to an illness, a physical injury or stress. . . . [Such disorders are] the most misunderstood, debilitating and denigrated ailments known to medicine.”

Nevertheless, the State Department and the diplomats themselves have rejected this theory.

According to the article, one of the leading experts on such disorders is Dr.Mark Hallett, “who is the Chief of the Medical Neurology Branch and the Human Motor Control Section of the National Institute of Neurological Disorders and Stroke (NINDS), which is part of the National Institutes of Health. He  obtained his A.B. and M.D. at Harvard University, had his internship in Medicine at the Peter Bent Brigham Hospital and his Neurology training at Massachusetts General Hospital plus fellowships in neurophysiology at the NIH and in the Department of Neurology, Institute of Psychiatry in London.”

Last year the National Institutes of Health asked Dr. Hallett to examine the diplomats, but the State Department did not appoint him to the task force for such examinations, and that  Department and NINDS have instructed De. Hallett not to speak with the author of the Times article.

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

[1]  Hurley, Was It an Invisible Attack on U.S. diplomats, or Something Stranger?, N.Y. Times (May 15, 2019). This blog has many posts about the issues posed by the medical problems of some U.S. diplomats in Cuba (and more recently in China). See the “U.S. Diplomats’ Medical Problems in Cuba, 2016–??” section of List of Posts to dwkcommentaries—Topical: CUBA.

 

U.S. Reactions to New U.S. Anti-Cuba Policies 

U.S. objections to the new U.S. policies regarding Cuba (and Venezuela and Nicaragua) have been registered by a Bloomberg News editorial; by the U.S. Chamber of Commerce; by Representative Eliot Engel, the Chair of the House Committee on Foreign Affairs and other representatives and by groups and individuals outside the government. They will be discussed first.[1]

Then we will look at support for the policies from three Cuban-American legislators (Sen. Marco Rubio (Rep., FL), Sen. Robert Menendez (Dem., NJ) and Rep.Mario Diaz-Balart (Rep., FL); from Sen. Rick Scott (Rep., FL); and from Walter Russell Mead of the Wall Street Journal.

Given the legitimate current U.S.  preoccupation with the Mueller Report and its implications, there have been no editorials (to date) on these Cuba policy changes in other leading newspapers (New York Times, Washington Post and Wall Street Journal) or by the sponsors of the pending Senate bill to end the U.S. embargo of Cuba (Senators Amy Klobuchar (Dem., MN), Patrick Leahy (Dem., VT) and Mike Enzi (Rep., WY)) or by the Chair of the House ‘s Cuba Working Group Steering Committee (Tom Emmer (Rep., MN).

Critics of the New Policies[2]

  1. The Bloomberg Editorial.

Although it was worthy for the U.S. to seek to persuade Cuba to stop helping Venezuela’s Maduro, Bloomberg says the new policies are “the wrong way to get results.”

In fact, says Bloomberg, the new U.S. policies and actions will “inflict real damage on Cuba,” and  “that’s unlikely to make the country’s rulers budge. Instead, opening the [U.S.] floodgates for litigation against Canadian and European companies doing business in Cuba will fracture the international front against Maduro — not to mention swamping U.S. courts with troublesome lawsuits.” In fact, such litigation is “more an attack on America’s friends than on Cuba or Venezuela.”

Moreover, according to Bloomberg, “Aside from dividing what could have been a U.S.-led coalition [against Venezuela’s Maduro], the new escalation will play into the hands of aging hardliners, encouraging Cuba to seek help from Russia and China, and weaken potent internal forces for change.”

  1. Engage Cuba

Engage Cuba, the leading bipartisan coalition of businesses and others who support U.S.-Cuba normalization, issued the following critical comments:

(Statement by James Williams, President of Engage Cuba)

  • “President Trump is doing this for one reason, and one reason only: to appease fringe hardliners in South Florida ahead of the 2020 election. The only way to get property claimants what they deserve is through diplomatic negotiations, which President Trump just threw off the table. . . This lets the Cuban government off the hook and shifts the burden to American, European and Canadian companies. American companies and our closest allies will now be paying instead of the Cuban government.”
  • “The hypocrisy of the Trump administration cozying up to the most brutal dictatorships in the world in Saudi Arabia, Russia and North Korea, but claiming to care about democracy and human rights in Cuba, is like living in a parallel universe. President Trump himself tried for years to open up a Trump Hotel and golf resort in Cuba.”
  • “U.S. travel and remittances are the lifeblood of the private sector entrepreneurs in Cuba. These restrictions are a cruel betrayal and a knife in the back of Cuban civil society and the prospects for a growing independent private sector in Cuba. The Cuban people are already struggling under tremendous difficulties, and these actions only make it worse. We need a policy that focuses on empowering the Cuban people and advancing American interests, not continuing a 60-year failed policy that only serves fringe domestic politics in South Florida.”

(Property Claim Lawsuits)

  • “The Trump administration has chosen to break precedent with every administration since President Clinton by failing to waive Titles III and IV of the the LIBERTAD Act, commonly referred to as the Helms-Burton Act after its sponsors. When Title III takes effect on May 2, American companies and foreign firms will be subject to lawsuits in U.S. courts over the use of properties that were nationalized by the Cuban government following the 1959 revolution. Title IV will also take effect, requiring the denial of U.S. visas for anyone “trafficking” in confiscated Cuban properties, as well as their relatives.”
  • “In opposition to international law, Title III affords claimant rights to Cuban Americans who were Cuban citizens at the time their property was confiscated. Currently, there are 5,913 certified claims of seized American property in Cuba, but the State Department has estimated there could be a flood of up to 200,000 claims with the full activation of Title III.”
  • “Due to Title III’s potential to jeopardize U.S. trade interests, every U.S. administration since the law’s enactment in 1996 has suspended its implementation, typically for a period of six months. Today’s announcement marks the first time Title III has been fully activated and U.S. firms will be subject to lawsuits.”
  • “Companies from the biggest U.S. trade partners, including the European Union, Canada, and Mexico, will also be subject to property claim lawsuits under Title III, though most countries will protect their companies from having to pay damages to U.S. property claimants. The EU and Canada have threatened retaliation in the World Trade Organization.”
  • “Meanwhile, U.S. adversaries like Russia and China are unlikely to comply with Title III lawsuits and will instead align themselves with Cuba against this extraterritorial U.S. policy. By maintaining a trade embargo, the U.S. has already left a vacuum in Cuba for adversarial influence. As Cuba continues to be isolated by the Trump administration, it will increasingly turn to Russia and China, who offer them favorable credit terms and invest in high-profile projects.”

(New Restrictions on Remittances,Travel, and Financial Transactions)

  • “Bolton also announced there will be new limits on non-family travel to Cuba and U.S. remittances to the island, a heavy blow to Cuba’s nascent private sector (roughly one-third of the workforce) which greatly depends on remittances and U.S. travelers to keep their small businesses alive. Remittances will now be capped at $1,000 per quarter, a dramatic departure from the $4 billion that flowed to the Cuban people after the Obama administration lifted all limits on remittances in 2015.”
  • “Five Cuban government-run businesses will be added to the list of entities with which direct financial transactions are barred. New Department of Treasury regulations will prohibit U.S. banks from processing “U-Turn transactions,” Cuba-related funds transfers from a bank outside the U.S. that pass through U.S. financial institutions before being transferred to banks abroad where neither the originator nor the beneficiary is a U.S. national.”
  1. U.S. Chamber of Commerce

“Six decades of trying to isolate Cuba has failed to bring change to the island, and today’s move only doubles down on this strategy. The U.S. Chamber’s support for a new approach to Cuba is founded in our profound conviction that more engagement with the Cuban people — on the basis of free enterprise and free markets — is essential to democratic change and improvements in the Cuban people’s lives.”

“We strongly support U.S. government efforts to protect the property rights of U.S. citizens abroad, but full implementation of Title III is unlikely to achieve those aims and is instead more likely to result in a protracted legal and diplomatic morass that ensnares U.S. courts, companies and partners. . . . Furthermore, it is difficult to see how this action squares with the administration’s earlier commitment to hold harmless U.S. companies legally authorized and previously encouraged to do business in Cuba.”

“Many American companies will now be subjected to countersuits in Europe, Canada, Latin America, and elsewhere. Today’s announcement threatens to disrupt our trade ties to these countries, which are among our closest allies and best customers. Instead, we should be working with them to make the case for democratic change in Cuba.”

  1. Center for Democracy in the Americas

Another U.S. group that supports U.S.-Cuba normalization, the Center for Democracy in the Americas, said through its executive director (and former Obama National Security Advisor) Emily Mendrala, “Capping remittances is mean-spirited, and can only be understood as the U.S. government’s attempt to create economic hardship among the Cuban people. Ambassador Bolton’s speech conflated Cuba with Venezuela, and he announced a policy approach that does the same. The two countries are different, living through very different moments, and to exploit events in Venezuela to settle Cold War scores with Cuba is a distraction from real needs in Venezuela.”

  1. Cuba Educational Travel

Collin Laverty, president of Cuba Educational Travel, added other critical comments. First, “the measures on remittances and travel threaten the economic survival of Cuban families and the viability of thousands of independent small businesses allowed to operate since 2010 under reforms implemented by former President Raúl Castro.” Second, “The only winners here are a handful of members of Congress and those stuck in the past that support them. The losers are millions of Cubans on and off the island and the overwhelming majority of Americans that support engagement with Cuba.”

  1. Current and Former Federal Government Officials

Representative Eliot Engel (Dem., NY), the Chair of the House Committee on Foreign Affairs, stated, ““President Trump’s rejection of over two decades of bipartisan consensus on a key piece of U.S. policy toward Cuba will further isolate the United States from our Latin American and European allies and diminish our ability to promote democracy in Cuba and Venezuela. Sadly, this decision will do nothing to resolve U.S. property claims in Cuba—an important goal toward which we must continue to strive.”

Similar statements were issued by Representatives Kathy Castor (Dem., FL), James McGovern (Dem., MA), Barbara Lee (Dem., CA) and Donna Shalala (Dem., FL).

Benjamin Rhodes, a former Obama adviser who helped negotiate the December 2014 U.S.-Cuba normalization agreement, said, “Restricting remittances that can be sent to Cubans will directly hurt the Cuban people. This is a shameful and mean-spirited policy.”

Mark Feierstein, a former National Security Council’s Director for the Western Hemisphere, tweeted: “As Bolton delivers speech in Miami today on Cuba, it’s useful to keep in mind that according to public opinion polls, most Cuban-Americans approve the measures taken by the Obama Administration to support the Cuban people. The [National Security Council]. . . is out of step with majority opinion in Miami.” In another tweet  he stated, “What we’re leading the Cuban people toward is a darker day, where there will be less economic opportunity.”

  1. Other Americans

Tim Fernholz, who covers space, the economy and geopolitics for Quartz, has addressed the new policies’ adverse effects on the emrging Cuban private sector. He says, “The Trump administration is setting out to crush free markets in Cuba.” These policies “will damage Cuba’s nascent private sector far more than a ruling regime that has out-lasted six decades of US embargo. Trump is pulling the rug out from Cuba’s cuentrapropistas—literally, self-employed—eliminating their sources of capital and revenue and reducing their influence during the all-important transition to a post-Castro Cuban government. . . . US policy toward Cuba, meanwhile, is defined by a near-theological belief that isolating the Cuban people will lead them to abandon national self-determination.”

Supporters of the New Policies[3]

The two Cuban-American Senators and one of the Cuban-American U.S. Representatives, as expected, endorsed at least some of the new U.S. policies. So did Senator Rick Scott. So did Walter Russell Mead, who is the James Clarke Chace Professor of Foreign Affairs and the Humanities at Bard College, a Distinguished Fellow in American Strategy and Statesmanship at the Hudson Institute, and The Wall Street Journal’s Global View columnist.

Senator Marco Rubio (Rep., FL) said, “”By no longer suspending Title III of the Freedom Act, the Trump administration is the sixth of impunity by the Castro regime. The United States is opening the door to justice and enabling victims of the Cuban dictatorship to rightfully sue their perpetrators. Today, as we commemorate the value of the fallen heroes in the Bay of Pigs invasion, history is once again being written. ”

Senator Robert Menendez (Dem., NJ) offered a similar statement: “By fully implementing Title III of the LIBERTAD Act, the United States is rightly providing U.S. citizens with the means to hold the Cuban regime accountable through the U.S. justice system.”

Representative Mario Diaz-Balart (Rep., FL) issued a lengthier statement, which is extracted below:

  • “At long last, victims of confiscated properties will finally have the chance to pursue claims to recoup losses suffered at the hands of the Castro regime.”
  • “President Trump and his administration have demonstrated remarkable solidarity with the Cuban people and the regime’s other victims in tightening sanctions by prohibiting financial transactions with the Cuban military.
  • “Cutting off resources and investment to the regime in Cuba will benefit both U.S. national security interests and regional security interests for neighbors in our hemisphere.”

Senator Scott stated, “Americans can finally sue for property stolen by the Cuban regime. We must continue to do everything we can to cut off the money supply to the Castro Regime, which continues to prop up dangerous dictators like Nicolas Maduro in Venezuela and Daniel Ortega in Nicaragua.”

Walter Russell Mead. He starts with the proposition that Venezuela presents the key challenge of Latin America. “Left to accelerate, the breakdown of governance and civilized life in Venezuela can only create more refugees, enrich arms smugglers and drug cartels, allow forces like Hezbollah to insinuate themselves more deeply in the region. On the other hand, a return to some kind of stability under a pro-business government would initiate an economic recovery that would help the people of Venezuela and their neighbors alike, and deprive the terror cartels of much of their arms and funding. Crucially, if Venezuelan oil production recovers, it would help stabilize world energy markets and significantly increase American leverage with both Russia and Iran.”

“The continued collapse of Venezuela’s economy means the Cuban regime is also facing disaster. From the Trump administration’s point of view, this is a historic opportunity. If Cuba . . . abandons socialism on Mr. Trump’s watch, the president’s prestige at home and abroad would soar.”

Therefore, says Mead, the Trump Administration hopes for “historic victories in Cuba and Venezuela.” That plus  “the fear of a costly defeat have combined to persuade the Trump administration to adopt some of the most far-reaching economic sanctions ever imposed.” In short, no previous U.S. president “has been willing to impose sanctions that alienate powerful allies to this degree over Caribbean policy. That Washington is pressing ahead suggests how high a priority Venezuela has become for the administration.”

Conclusion

There are so many reasons to oppose the new U.S. policies towards Cuba, as this blogger does. Just refer to the above section regarding such opposition and to the similar discussion in the previous posts cited in footnote 1.

As always, this blog invites reasoned comments, pro or con, or corrections from all readers of this post.

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[1] Prior posts have discussed (a) the April 17 announcement of the U.S. allowance of litigation over alleged trafficking in American-owned Cuba property that was expropriated by the Cuban government, circa 1959-60; (b) National Security Advisor John Bolton’s April 17 announcement of additional Cuba sanctions; (c) Cuban reactions to these changes; and (d) European and other countries’ reactions to these changes. These changes take effect in the midst of Cuba’s current dire economic situation, which was the subject of another post.

[2] Editorial, Cuba Is a Problem That Trump Is Making Worse, Bloomberg (April 22, 2019); Press Release, Engage Cuba Statement on New Cuba Sanctions (April 17, 2019); Engage Cuba, Memorandum: New Sanctions on Cuba Announced April 17, 2019 (April 2019); U.S. Chamber of Commerce, Statement on Cuba and Title III of the LIBERTAD Act (April 17, 2019); Center for Democracy in the Americas, CDA STATEMENT:Cuba Sanctions announcement (April 17, 2019); Cuba Educational Travel, CET Statement on President Trump’s Cuba Policy Changes (April 17, 2019); Engel on Implementation of Article III of the Helms-Burton Act (April  17, 2019); U.S. Rep. Castor: The Trump Administration’s Announcement of New, Hardline Restrictions on Cuba Brings Pain to Families, Hurts Growing Cuban Private Sector (April 17, 2019); McGovern Statement on Trump Administration;’s Reckless Policy Change Toward Cuba (April 17, 2019); Congresswoman Barbara Lee Slams President Trump’s Backwards Policy Towards Cuba (April 17, 2019); Caputo, Trump crackdown on “3 stooges of socialism’ has 2020 thrust, Politico (April 17, 2019) (Rep. Shalala quotation); Reuters, Trump’s Cuba Hawks Try to Squeeze Havana Over Venezuela Role, N.Y Times  (April 18, 2019) (Rhodes quotation); Feierstein Twitter Account; Fernholz, Cuba’s entrepreneurs are under attack by Donald Trump, Quartz  (April 22, 2019).

[3] Press Release, Rubio Commends Trump Administration’s Move to Hold Cuba Accountable (April 17, 2019); Press Release, Rubio Highlights Importance of Trump Administration’s Commitment to Democracy in Latin America (April 17, 2019); Press Release, Menendez Statement on Announcement to Let Cuban Americans File Suit over Property Confiscated by Cuban Regime (April 17, 2019); Diaz-Balart: Trump Administration’s Full Implementation of Title III Is a Monumental Decision   (April 17, 2019); Press Release, Sen. Rick Scott Applauds President Trump For Fully Implementing Title III of the Libertad Act (April 17, 2019); Mead, Trump Takes Aim at Caracas and Havana, W.S.J. (April 22, 2019).