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Pompeo Discusses Unalienable Rights and the Geneva Consensus Declaration

On October 29, in Jakarta, Indonesia before an audience of diplomats and faith leaders, U.S. Secretary of State Michael Pompeo made an address he titled “Unalienable Rights and Traditions of Tolerance.” With him was the Chair of the U.S. Commission on Unalienable Rights, Mary Ann Glendon. Here is what the Secretary said on that topic while also mentioning the Geneva Consensus Declaration.

The Secretary’s Remarks [1]

“The founding principle of the United States is very, very simple. America’s Declaration of Independence affirms that governments exist – governments exist to secure the rights inherent in every human being. Indeed, as the commission’s report argues, the United States was the first nation founded on a commitment, a deep commitment to universal rights for all human beings.”

“Now, the most fundamental of these rights is the right to freedom of conscience, including religious freedom. It’s the basis for the most important conversations about what conscience tells us and about what God demands of each of us. It’s one reason that religious freedom is the very first freedom enumerated in our Constitution, in the American constitution. As an evangelical Christian, my faith informs how I live, how I work, how I think.”

“And it is exceedingly rare in the scope of human history for a nation to make those promises to its citizens. It is rarer for nations even to keep them.”
“America’s respect for God-given rights, is the defining feature of our national spirit. It’s why America stood tallest among Western democracies in supporting your independence from colonial rule and has been a stalwart supporter of Indonesia’s transition to democracy over these past two decades. The fact that our people embrace freedom and uphold a tradition of tolerance is very special. We should never lose it. We must continue upholding our traditions, and we must do so very actively. We can’t assume our freedoms and our faith will live on. We must stand for what we believe.”

“I’m here in Indonesia because I believe that Indonesia shows us the way forward. There is literally no reason that Islam can’t co-exist peacefully alongside Christianity or Buddhism. . .Indeed, Indonesia’s national motto, translated into English, is, ‘Unity Amid Diversity.’. . . [And] your Constitution from 1945 clearly declares that every person shall be free: ‘Every person shall be free to…practice the religion of his [or] her choice.’” [These values then were implemented in your “Pancasila – foundational principles that enshrined the importance of faith in the life of your country[and established] . . .that Indonesia’s embrace of diverse religions, people, and cultures would become a core pillar of your country’s success.”

“The flexible, inclusive, and tolerant democratic culture that has emerged since the Reformasi of 1998 has defied the skeptics, the skeptics who believed that Indonesia could only be governed by a strongman restricting the rights of its people. Indonesia has since then given the whole world a positive model of how different faiths, different ethnic groups . . can coexist peacefully and settle their disagreements through democratic means. This is glorious.”

The work of the groups here today “is now more important than ever. Blasphemy accusations, which destroy lives, have become more common. Discrimination against non-official religions renders their practitioners second-class citizens who are subject to abuse and deprivation.”

“I want you to urge the same actions I asked the Catholic Church’s leaders to do in the Vatican.” [2]

“We need more religious leaders to speak out on behalf of people of all faiths wherever their rights are being violated. We need more religious leaders to be a moral witness. We need more religious leaders to support principles of ‘humanity and justice,’ as your founders wrote, and as our respect for unalienable rights demands.”

After noting the U.S. complaints about the Burmese military and the Iranian regime’s persecution of religious groups, the Secretary said, “the gravest threat to the future of religious freedom is the Chinese Communist Party’s war against people of all faiths: Muslims, Buddhists, Christians, and Falun Gong practitioners alike.The atheist Chinese Communist Party has tried to convince the world that its brutalization of Uyghur Muslims in Xinjiang is necessary as a part of its counterterrorism efforts or poverty alleviation. . . . [but we know those claims to be false.] I know that the Chinese Communist Party has tried to convince Indonesians to look away, to look away from the torments your fellow Muslims are suffering.. . . [But] you know the ways that the Islamic tradition – and the Indonesian tradition – demand that we speak out and work for justice. . . .

“Free people of free nations must defend those [God-given unalienable] rights. It is our duty. Even as we each do this . . in our own and often different ways, we should recognize that we have strength in numbers. We should recognize that we can turn to each other for support in difficult times, and that our cherished rights and values are absolutely worth defending at every moment, as the birthright of every people.

The Secretary then gave the following responses to questions from the audience:

• Pompeo said the U.S. works on counter-terrorism and on developing “a model for Middle East peace” and respect for human rights.
• The Geneva Consensus Declaration that recently was signed by the U.S., Indonisia and others acknowledges these religious freedom rights and protects the unborn. [3]
• The recent peace agreements between Israel and the United Arab Emirates, Bahrain and Sudan seek to improve the lives of Palestinians in the Gaza Strip. The U.S. still supports a two-state solution.
• The Report of the U.S. Commission on Unalienable Rights recognizes the U.S. Universal Declaration of Human Rights as an important aspirational document that calls on every nation to embrace and protect human rights. [4]

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[1] State Dep’t, Pompeo Speech: Unalienable Rights and Traditions of Tolerance (Oct. 29, 2020).

[2] On September 30 at the Vatican Secretary Pompeo gave a speech that criticized the Pope for having agreed to accept seven bishops appointed by China for the official, state-sanctioned church and for recently negotiating the renewal of that agreement. (See Secretary Pompeo Foments Conflict with the Holy See, dwkcommentaries.com (Oct. 3, 2020). Subsequently, on October 22, the Vatican announced such a two-year renewal although the exact details of the agreement were not released, but it contemplates ongoing dialogue about various issues. The Holy See said that it “considers the initial application of the agreement – which is of great ecclesial and pastoral value – to have been positive, thanks to good communication and cooperation between the parties on the matters agreed upon, and intends to pursue an open and constructive dialogue for the benefit of the life of the Catholic Church and the good of Chinese people.” And the Vatican newspaper L’Osservatore Romano said the Vatican ‘does not fail to attract the attention of the Chinese government to encourage a more fruitful exercise of religious freedom.’” (Winfield, Vatican, China extend bishop agreement over U.S. opposition, Wash. Post (Oct. 22, 2020); Rocca & Wong, Vatican, Bejing Renew Deal on Bishop Appointments, as Catholics Remain Divided, W.S.J. (Oct. 22, 2020); Horowitz, Vatican Extends Deal With China Over Appointment of Bishops, N.Y. Times (Oct. 22, 2020).

[3] The Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family, dwkcommentaries.com (Nov. 5, 2020).

[4] U.S. Commission on Unalienable Rights Issues Final Report, dwkcommentaries.com (Nov. 4, 2020).

Pandemic Journal (# 31): What Will Be the New Normal?

The COVID-19 Pandemic has been so long and so thoroughly disruptive to what used to be our “normal” lives, we wonder what life will be like after the pandemic is over. Will it be a return to what we thought was “normal.”? I think not. We will start to engage in a new way of life with details to be negotiated among all people and institutions.

This was the point recently made by Fareed Zakaria.[1]

Zakaria’s Vision for the New World

“The world that is being ushered in as a consequence of the covid-19 pandemic is new and scary. The health crisis has accelerated a number of forces that were already gathering steam. Most fundamentally, it is now blindingly clear that human development as it is happening now is creating ever-greater risks. The backlash from nature is all around us, from wildfires to hurricanes to pandemics, of which covid-19 may simply be the first in a series. The pandemic has intensified other trends, too. For demographic and other reasons, countries will likely see more sluggish economic growth. Inequality will get worse, as the big get bigger in every sphere. Machine learning is moving so fast that, for the first time in history, human beings might lose control over their own creations. Nations are becoming more parochial, their domestic politics more isolationist. The United States and China are headed toward a bitter and prolonged confrontation.” (Emphases added.)

“It is a dangerous moment. But it is also in times like these that we can shape and alter such trends. To complete the story of our future, we must add in human agency. People can choose which direction they want to push themselves, their societies and their world. In fact, we have more leeway now. In most eras, history proceeds along a set path and change is difficult. But the novel coronavirus has upended society. People are disoriented. Things are already changing and, in that atmosphere, further change becomes easier than ever. . . .” (Emphases added.)

“We could continue with business as usual and risk cascading crises from climate change and new pandemics. Or we could get serious about a more sustainable strategy for growth. We could turn inward and embrace nationalism and self-interest, or we could view these challenges — which cross all borders — as a spur to global cooperation and action. We have many futures in front of us. . . .” (Emphases added.)

“The current pandemic presents . . . choices. We could settle into a world of slow growth, increasing natural dangers and rising inequality — and continue with business as usual. Or we could choose to act forcefully, using the vast capacity of government to make massive new investments to equip people with the skills and security they need in an age of bewildering change. We could build a 21st-century infrastructure, putting to work many of those most threatened by new technologies. We could curb carbon emissions simply by placing a price on them that reflects their true cost. And we could recognize that, along with dynamism and growth, we need resilience and security — or else the next crisis could be the last. . . .” (Emphasis added.)

“The . . . tension between integration and isolation can be seen throughout the world. The pandemic is leading countries to look inward. But enlightened leaders will recognize that the only real solution to problems such as pandemics — and climate change and cyberwar — is to look outward, toward better cooperation. The solution to a badly funded and weak World Health Organization is not to withdraw from it in the hope that it withers away, but rather to fund it better and give it more autonomy so that it could stand up to China — or the United States — if a health emergency requires it. No single country can organize the entire world anymore. None wants to. That leaves only the possibilities of chaos, cold war, or cooperation.” (Emphasis added.)

“It is true, as the critics charge, that real international collaboration requires some element of collective decision-making. While it sounds sinister to some ears, it is, in fact, what countries do all the time. It is the mechanism by which we regulate everything from international telephone calls to air travel to trade and intellectual property to the emission of chlorofluorocarbons. There is no global “one world government,” and there never will be — it is just a phrase designed to scare people into imagining a secret army descending on them in black helicopters. What actually exists, and what we need more of, is global governance, agreements among sovereign nations to work together to solve common problems. It shouldn’t be so hard. Cooperation is one of the most fundamental traits in human beings, one that many biologists believe is at the root of our survival over the millennia. If we are to survive well into the future, cooperation will surely help us more than conflict.” (Emphases added.)

“The imperative for cooperation is nowhere more evident than in the relationship between the world’s two greatest powers, the United States and China. We are entering a bipolar world — characterized by a reality in which two countries are simply head-and-shoulders above the rest in hard power. . . .” (Emphasis added.)

“The pandemic has made so many — nations and individuals — turn inward and become selfish. But an even larger crisis had the opposite effect on the greatest statesmen of the age. Twenty years after D-Day, CBS News invited the former supreme commander of the Allied operations, Dwight D. Eisenhower, to revisit the beaches of Normandy with Walter Cronkite and reflect. Eisenhower had seen the worst of humanity — the German Wehrmacht’s brutal fight to the finish — and yet, he had come out of that experience determined to try cooperation. As they sat overlooking the rows of graves in Normandy, Eisenhower said to Cronkite, “These people gave us a chance, and they bought time for us, so that we can do better than we have before. So every time I come back to these beaches, or any day when I think about that day 20 years ago now, I say once more, we must find some way to work to peace, and really to gain an eternal peace for this world.” (Emphasis added.)

“So, too, in our times, this ugly pandemic has created the possibility for optimism, change and reform. It has opened a path to a new world. It’s ours to take that opportunity or to squander it. Nothing is written [beforehand about what we should do].” (Emphasis added.)

Reactions

I concur in the need for more international cooperation on a multitude of issues.

In addition, the pandemic has shown the many deficiencies in the U.S. Everyone needs basic health insurance that is not tied to a specific employer which means if an individual is fired or laid off due to an economic downturn or another pandemic, the individual loses health insurance. We need a huge revision of the federal income tax laws to eliminate loopholes and other provisions that benefit only the super wealthy. We need to do something about income and wealth inequality. We need to have one federal election system that guarantees and enforces the right to vote for every U.S. citizen who is over 18 years of age, stops gerrymandering, and eliminates the electoral college and the equal representation of states regardless of population in the U.S. Senate. We need to eliminate racism and sexism in our institutions and society. Those are starters for a new normal.

An invitation is extended to readers of this blog to express their desires for a “new normal” after we get through this pandemic.

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[1] Zakaria, The pandemic upended the present. But it’s given us the chance to remake the future, Wash. Post (Oct. 6, 2020). This article is adapted from Zakaria’s new book, Ten Lessons for a Post-Pandemic World (W.W. Norton & Co. 2020).

Secretary Pompeo Foments Conflict with the Holy See

On September 30, U.S. Secretary of State Michael Pompeo was at the Holy See for its Symposium on Advancing and Defending Religious Freedom through Diplomacy. There he delivered a speech entitled “Moral Witness and Religious Freedom” that provided great details about China’s abuses of religious freedom and called upon the Vatican (Pope Francis) to take action against the Chinese abuses. He thereby fomented conflict with the Holy See.

Pompeo’s Recent Speech [1]

Most of the first part of this speech appropriately concentrated on the 75th anniversary of the end of World War II in Europe and the courageous resistance to the Nazi’s persecution of its Jewish citizens by Roman Catholic Father Bernhard Lichtenberg in Berlin by his helping Jews with finances, advice and emigration assistance and by publicly criticizing the Nazi regime after Kristallnacht.

“That life or death struggle [against the Nazis] was a crucible, a proving ground of moral witness. Individual stories of valor were legion. But I remember especially Father Bernhard Lichtenberg. . . .[He] was a priest in Berlin in the 1930s, who fervently resisted the Nazi regime, and helped Jews with finances, advice, emigration assistance as the Nazi fist tightened. In 1938, in the aftermath of Kristallnacht, he began to speak up more loudly on their behalf, proclaiming at St. Hedwig’s Cathedral in Berlin, ‘Outside ‘the synagogue is burning, and that too, is a house of God.’ From then on, he fearlessly prayed each day publicly for the Jews and other victims of Nazi brutality.”

“Eventually, the Nazis arrested him in 1941. Rejecting a deal to go free in exchange [for] stopping his subversive peaching, he was given a two-year prison sentence. When asked if he had anything to add when the sentence was read, he said, ‘I submit that no harm results to the state by citizens who pray for the Jews.’ Towards the end of his sentence, the Nazis realized they could never break his spirit. They ordered him sent to Dachau concentration camp, but he died on the way before he reached that grim destination. Father Lichtenberg bore an incredible moral witness, and in 2004 he was honored by the State of Israel as one of the Righteous Among the Nations, a non-Jew who risked his life to save Jews from Nazis.”

“Today, as we think about that man, I urge all faith leaders to exhibit a similarly moral, bold witness for the sake of religious freedom, for human dignity, and for peace.” (Emphasis added.)

Secretary Pompeo then shifted his remarks to say “the mission of defending human dignity – and religious freedom in particular – remains at the core of American foreign policy. That’s because it’s at the heart of the American experiment. Our founders regarded religious freedom as an absolutely essential right of mankind and central to our founding.”

“Indeed, I would say it’s an integral part to what Pope John Paul II described as the ‘universal longing for freedom’ at the United Nations when he spoke in 1995. Billions of people today . . . have always seeked to worship according to their conscience.”

But sadly, authoritarian regimes, terrorists, and even secularists, free societies are – in their different ways – trampling religious freedom all around the world. Vast swathes of humanity live in countries where religious freedom is restricted, from places like . . . Cuba, and beyond.” (Emphasis added.) Later in the speech he reiterated this contention: “Christian leaders have an obligation to speak up for their brothers and sisters in Iraq, in North Korea, and in Cuba.” (Emphasis added.)[2]

Then he went into his excoriation of China.

“Nowhere, however – nowhere is religious freedom under assault more than it is inside of China today. That’s because, as with all communist regimes, the Chinese Communist Party deems itself the ultimate moral authority. An increasingly repressive CCP, frightened by its own lack of democratic legitimacy, works day and night to snuff out the lamp of freedom, especially religious freedom, on a horrifying scale.”

The Uyghur Muslims of Xinjiang are “not the only victims. The Chinese Communist Party has battered every religious community in China: Protestant house churches, Tibetan Buddhists, Falun Gong devotees, and more.”

“Nor, of course, have Catholics been spared this wave of repression: Catholic churches and shrines have been desecrated and destroyed. Catholic bishops like Augustine Cui Tai have been imprisoned, as have priests in Italy. And Catholic lay leaders in the human rights movement, not least in Hong Kong, have been arrested. Authorities order residents to replace pictures of Jesus with those of Chairman Mao and those of General Secretary Xi Jinping.”

“All of these believers are the heirs of those Pope John Paul celebrated in his speech to the UN, those who had ‘taken the risk of freedom, asking to be given a place in social, political, and economic life which is commensurate with their dignity as free human beings.’”

“We must support those demanding freedoms in our time, like Father Lichtenberg did.”

For the Church, “Earthly considerations shouldn’t discourage principled stances based on eternal truths. And as history shows, Catholics have often deployed their principles in glorious, glorious service of human dignity.” These include Jacques Maritain, the bishops of Poland and West Germany in the 1960s, the bishops of Poland and West Germany, Pope John Paul II, who was unafraid, and Pope Emeritus Benedict. “And just like Pope Benedict, Pope Francis has spoken eloquently about the ‘human ecology’ essential to decent societies.” (Emphasis added.)

“Pope Francis has exhorted the Church to be ‘permanently in a state of mission.’ It’s a hope that resonates with this evangelical Protestant who believes, as the Holy Father does, that those of us given the gift of Christian faith have an obligation to do our best to bless others.” (Emphasis added.)

“To be a Church ‘permanently in a state of mission’ has many meanings. Surely, one of them is to be a Church permanently in defense of basic human rights. A Church permanently in opposition to tyrannical regimes. A Church permanently engaged in support of those who wish to take ‘the risk of freedom’ of which Pope John Paul II spoke, especially, most especially where religious freedom is denied, or limited, or even crushed.” (Emphasis added.)

“As Christians, we all know we live in a fallen world. That means that those who have responsibility for the common good must sometimes deal with wicked men and indeed with wicked regimes. But in doing so – in doing so, statesmen representing democracies must never lose sight of the moral truths and human dignity that make democracy itself possible.” (Emphasis added.)

“So also should religious leaders. Religious leaders should understand that being salt and light must often mean exercising a bold moral witness. And this call to witness extends to all faiths, not just to Christians and Catholics. It’s for leaders of all faiths at – indeed, at every level.” (Emphasis added.)

“I call on every faith leader to find the courage to confront religious persecution against their own communities, as well as Father Lichtenberg did against members of other faiths as well.” (Emphasis added.)

“Every man and woman of faith is called to exercise a moral witness against the persecution of believers. Indeed – we’re here today to talk about religious freedom – the very future of religious freedom depends upon these acts of moral witness.”

“Pope John Paul II bore witness to his flock’s suffering, and he challenged tyranny. By doing so, he demonstrated how the Holy See can move our world in a more humane direction, like almost no other institution.” (Emphasis added.)

“May the Church, and all those who know that we are ultimately accountable to God, be so bold in our time. May we all be so bold in our time.” (Emphasis added.)

Pompeo’s Preceding Comments [3]

Just twelve days before his recent trip to the Holy See, Pompeo published an article in First Things, “a conservative Christian magazine that has called [Pope} Francis a failure as Pope.” https://www.firstthings.com/about

Entitled “China’s Catholics and the Church’s Moral Leadership,” Pompeo’s article vigorously attacked the 2018 agreement between the Holy See and China that recognized the validity of Chinese appointment of some of the Catholic bishops in the country and the current Holy See-China negotiations about renewal of that agreement. (Emphasis added.)

The next day, Pompeo issued the following tweet: “Two years ago, the Holy See reached an agreement with the Chinese Communist Party, hoping to help China’s Catholics. Yet the CCP’s abuse of the faithful has only gotten worse. The Vatican endangers its moral authority, should it renew the deal.” (Emphasis added.)

Reactions to Pompeo’s Comments and Speech [4]

These Pompeo words were seen by an “indignant Vatican . . . as a calculated affront.” As a result, the Vatican denied Pompeo a requested meeting with Pope Francis. Cardinal Pietro Parolin, who, as secretary of state, is the Vatican’s second-ranking official, told reporters that the Pope had not granted the meeting because Francis had “clearly said that he does not receive political figures ahead of the elections.”

Moreover, Pompeo’s subsequent speech at the Holy See can be seen as an indirect challenge to Pope Francis by Pompeo’s talking about the Chinese abuses at great length and the courage of previous popes and Father Lichtenberg, by calling on “every faith leader to find the courage to confront religious persecution against their own communities,” by his using Pope Francis’ own challenge to the Church to be “permanently in a state of mission” as a way to say Francis is not doing that and by Pompeo’s saying, “May the Church, and all those who know that we are ultimately accountable to God, be so bold in our time.”

In addition, Pompeo met with “prelates and others who are hostile to Pope Francis.” As a result of these developments, many observers believe “Pompeo’s [recent] visit is as much about the coming [U.S.] presidential election as about China policy. Mr. Pompeo dismissed that suggestion as absurd, but intended or not, his trip signals that President Trump is on the side of those conservative American Catholics who worry about the church’s direction under Francis and think he is soft on China.”

The New York Times also reports that the event at the Vatican where Pompeo gave his speech on September 30 was organized by Callista Gingrich, the U.S. ambassador to the Vatican, and who received warm words from Pompeo at the start of his speech while she sat in the front row with her husband Newt Gingrich, the Republican former Speaker of the U.S. House of Representatives.”

“Mr. Gingrich said that Mr. Pompeo’s piece in First Things has stirred support and ‘probably’ motivated Catholic voters who read it to vote for President Trump. ‘The reaction to his op-ed the other day was very strong.’ Mr. Gingrich, who converted to Catholicism after his third marriage [to Calista] is a co-chair of Catholics for Trump [that] has attacked Mr. Biden over his ties to China and . . . supports Carlo Maria Viganò, the former Vatican ambassador to Washington, who has accused the pope of shielding child abusers and demanded that he step down.”

As he went to the podium for his Vatican speech, Pompeo “gave a pat on the shoulder to Cardinal Raymond Burke, a U.S. leader of the conservative opposition to Francis within the church hierarchy. Burke, who ruled out giving communion to John Kerry during the 2004 presidential campaign, said he believed American voters ‘more and more so’ cared about the issues Mr. Pompeo raised. And when it came to China, he said ‘I know I do.’” (https://en.wikipedia.org/wiki/Raymond_Leo_Burke)

“Thomas Williams, the Breitbart bureau chief in Rome and a consistent critic of Francis who attended the event, argued that there was a clear electoral angle to the nominally diplomatic trip. He said that while he believed Mr. Pompeo genuinely hoped to change the Vatican’s stance on China, any political benefit back home was ‘a welcome and I’m sure sought after side effect.’”

Massimo Faggioli, a professor of theology and religious studies at Villanova University [and a supporter] of Francis, said these Pompeo actions are “an appeal to an electorate that is bigger than the Catholic vote, it’s also the evangelical vote. Being anti-pope helps with these Catholics but also evangelicals.”

“Alberto Melloni, the director of the Foundation for Religious Sciences John XXIII in Bologna, Italy, called Mr. Pompeo’s moves ‘a divisive operation targeted to the American electorate, not to the Holy See.’” Afterwards Pompeo, rejecting the suggestion that his speech was an attack on Pope Francis, said at a press conference, “I wrote that piece to honor the moral authority of the Catholic Church and its capacity to influence and make things better for people all across the world. They have historically stood with oppressed peoples all around the world. The piece was written and our policy has been all along to bring every actor who can benefit the people of China from — to take away the horrors of the authoritarian regime the Chinese Communist Party is inflicting on these people. That was our mission set, and it will remain our mission set. It’s been so long before the election; it will remain so after the election.”

This response was endorsed in a Wall Street Journal editorial with these words: “It is a welcome message from a U.S. Secretary of State, and the Vatican would do well to at least hear him out as it enters its latest negotiations with Beijing.”

All of this leaves this non-Catholic blogger from Minnesota bewildered. However, there should be more diplomatic ways to discuss and negotiate differences with the Holy See.

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[1] State Dep’t, Michael Pompeo Speech, Moral Witness and Religious Freedom (Sept. 30, 2020).

[2] In his 2019 speech at the Holy See, Pompeo said, “Because when the state rules absolutely, God becomes an absolute threat to authority. That’s why Cuba cancelled National Catholic Youth Day back in August [of 2019].” This statement was erroneous and misleading as discussed in a prior post. (Secretary of State Pompeo Delivers Speech at the Holy See, dwkcommentaries.com (Oct. 4, 2019).) https://dwkcommentaries.com/2019/10/04/secretary-of-state-pompeo-delivers-speech-at-the-holy-see

[3] Pompeo, China’s Catholics and the Church’s Moral Witness, First Things (Sept. 18, 2020), https://www.firstthings.com/web-exclusives/2020/09/chinas-catholics-and-the-churchs-moral-witness; Pompeo, Tweet (Sept. 19, 2020), https://twitter.com/secpompeo/status/1307366983890018311?s=21.

[4] Horowitz & Jakes, Rebuffed by Vatican, Pompeo Assails China and Aligns With Pope’s Critics, N.Y. Times (Sept. 30, 2020), https://www.nytimes.com/2020/09/30/world/europe/pompeo-pope-francis-china.html; Winfield, Pompeo urges Vatican to condemn human rights abuses in China, Wash. Post (Sept. 30, 2020), https://www.wsj.com/articles/pompeo-and-the-pope-11601507813?mod=searchresults&page=1&pos=2; Morelio, Harlan & Shih, Pompeo and Vatican officials face off over negotiations with China, Wash. Post (Sept. 30, 2020), https://www.wsj.com/articles/pompeo-and-the-pope-11601507813?mod=searchresults&page=1&pos=2; Winfield, Pompeo, Vatican talk China after tensions spill out publicly, Wash. Post (Oct. 1, 2020), https://www.washingtonpost.com/politics/pompeo-meets-with-vatican-after-us-china-tensions-spill-over/2020/10/01/1d9b1c16-03d4-11eb-b92e-029676f9ebec_story.html.

U.S. Reduces Refugee Admissions to 15,000 for Fiscal 2021

On September 30, 2020, the U.S. State Department announced that President Trump will be submitting to Congress a report that he has determined that the U.S. will reduce its refugee admissions for Fiscal 2021 (October 1, 2020—September 30, 2021) to 15,000. [1]

It must be understood that the individuals who will be admitted to the U.S. under this quota already have been vetted and determined by a U.N. agency to have met the international and U.S. legal definition of “refugee:” someone who “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”[2]

The State Department attempted to reduce the adverse humanitarian consequences of this reduction by claiming, “The United States is committed to achieving the best humanitarian outcomes while advancing our foreign policy interests. Given the dire situation of nearly 80 million displaced people around the world, the mission of American diplomacy is more important than ever.”

Other points of this attempt to reduce the adverse consequences of this decision are the following:

“In line with the U.S. National Security Strategy, we are working to assist refugees and other displaced people as close to their homes as possible until they can safely and voluntarily return to rebuild their lives, their communities, and their countries. As part of our longstanding leadership in international humanitarian crisis response, the United States provided more than $9 billion in humanitarian assistance in Fiscal Year 2019 and nearly $70 billion in humanitarian assistance over the past decade.”

“The President’s proposal for refugee resettlement in Fiscal Year 2021 reflects the Administration’s continuing commitment to prioritize the safety and well-being of Americans, especially in light of the ongoing COVID-19 pandemic. It accounts for the massive backlog in asylum cases – now more than 1.1 million individuals – by prioritizing those who are already in the country seeking humanitarian protection. It also accounts for the arrival of refugees whose resettlement in the United States was delayed due to the COVID-19 pandemic.”

“Refugee resettlement is only one aspect of U.S. humanitarian-based immigration efforts. Since 1980, America has welcomed almost 3.8 million refugees and asylees, and our country hosts hundreds of thousands more people under other humanitarian immigration categories. This year’s proposed refugee resettlement program continues that legacy with specific allocations for people who have suffered or fear persecution on the basis of religion; for Iraqis whose assistance to the United States has put them in danger; for refugees from El Salvador, Guatemala, and Honduras; and for refugees from Hong Kong, Cuba, and Venezuela.” (Emphasis added.)

The State Department continued, “The President’s proposal for refugee resettlement in Fiscal Year 2021 reflects the Administration’s continuing commitment to prioritize the safety and well-being of Americans, especially in light of the ongoing COVID-19 pandemic. It accounts for the massive backlog in asylum cases – now more than 1.1 million individuals – by prioritizing those who are already in the country seeking humanitarian protection. It also accounts for the arrival of refugees whose resettlement in the United States was delayed due to the COVID-19 pandemic.” (Emphasis added.)

According to the State Department, the U.S. anticipates receiving 285,000 asylum requests in the upcoming fiscal year. Such applications must meet the previously mentioned international and U.S. definition of “refugee.” However, the Department’s statement admits the U.S. has a “massive backlog in asylum cases – now more than 1.1 million individuals.”

After criticisms of this decision emerged from various groups that are discussed below, Secretary of State Michael Pompeo from Rome tried to defend this decision. He said, “We continue to be the single greatest contributor to the relief of humanitarian crisis all around the world, and we will continue to do so. Certainly so long as President Donald Trump is in office, I can promise you this administration is deeply committed to that.”

Reactions [3]

This establishment of a 15,000 quota for refugees is a 3,000 reduction from last year’s quota of 18,000, which was the lowest since the introduction of the U.S. refugee program in 1980. In contrast, in Fiscal 2017, the last full year of the Obama Administration, the quota was 85,000 while the Trump Administration’s first two years (Fiscal 2018 and 2019) set the quotas at 53,000 and 30,000.

This further reduction is seen as another point of President Trump’s “anti-immigrant themes in the closing month of his re-election campaign.” It was done as the President was “unleashing a xenophobic tirade against one of the nation’s most prominent refugees, Representative Ilhan Oma, on Wednesday night at a rally in her home state of Minnesota.”

According to a Washington Post columnist, Catherine Rampell, this presidential decision “in one fell swoop, . . .managed to betray his country’s humanitarian interests, its national security interests, its economic interests and even his own narrow political interests to boot. . . . The only constituency helped by Trump’s latest cruelty are the bigots and knee-jerk nationalists crafting his policies. For the rest of us, it represents an incalculable loss.”

As anticipated, refugee advocacy groups condemned this decision.

Krish O’Mara Vignarajah, CEO of Lutheran Immigration and Refugee Services, called the 15,000 cap an “abdication” of the nation’s humanitarian leadership role in the world. “This absurdly low number is based on nothing more than xenophobic political pandering, and it’s no surprise that this all-time low comes during an election year. We have shown as we have resettled thousands of refugees that there’s no evidence any of these arrivals have endangered Americans. Refugees come to this country after the most extreme vetting procedures, including medical-health checks.”

The Immigrant Law Center of Minnesota’s Executive Director, Veena Iyer, said, “Slashing refugee numbers and refusing admission to desperate people whose lives are in danger, especially those whose lives are in danger because of their service to U.S. soldiers and peacekeepers, is appalling. Instead of leading the world in protecting the persecuted, the actions of this administration are an abdication of leadership.”

Oxfam America’s Isra Chaker said, “This inexcusable new admissions ceiling is a mere fraction of the number of refugees the United States can and should resettle in a year. During the final year of the previous administration, the U.S. safely and successfully resettled an average of 15,000 refugees every two months.”

The same reaction came from faith-based groups.

Scott Arbeiter, president of World Relief, a global Christian aid agency, said Trump has reneged on his promise to protect persecuted Christians in the world. “Instead, we’ve seen the resettlement of refugees from countries known for persecution drop about 90% in some cases over the last four years. This is unconscionable.”

Rev. John L. McCullough, head of the Church World Service, which helps resettle refugees in the United States, “described the shrinking of refugee admissions as immoral and urged Congress to . . . recommend changes or seek to influence the decision through budgeting, but is largely powerless to alter the determination. . . .Our values as a nation and as people of faith demand that we take action when people’s lives are in danger.”

“The Council on American-Islamic Relations, the nation’s largest Muslim civil rights organization, denounced the chipping away of the refugee program as part of “the ongoing Trump administration effort to maintain systemic anti-Black racism and white supremacy.”

Isaiah, a Minnesota faith coalition stated, “We know that we are better off together and that all of us, no matter where we come from or how we pray, want our communities to thrive and our voices to be heard. Overcoming tremendous challenges, Somali Minnesotans bravely moved to Minnesota with their families and have helped make this state vibrant.”

Finally this Trump decision is impeached by recent praises of refugees for their contributions to the economy and culture of 29 states by their governors (both Democrat and Republican).

For example, Minnesota’s Governor Tim Walz’s letter to Secretary Pompeo stated, ““Minnesota has a strong moral tradition of welcoming those who seek refuge. Our state has always stepped forward to help those who are fleeing desperate situations and need a safe place to call home. Refugees strengthen our communities. Bringing new cultures and fresh perspectives, they contribute to the social fabric of our state. Opening businesses and supporting existing ones, they are critical to the success of our economy. Refugees are doctors and bus drivers. They are entrepreneurs and police officers. They are students and teachers. They are our neighbors.”

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[1] State Dep’t, Transmission of the President’s Report to Congress on the Proposed Refugee Admissions for Fiscal Year 2021 (Sept. 30, 2020).

[2] Convention Relating to the Status of Refugees, Art. 1 (A)(2),189 U.N.T.S. 150, entered into force April 22, 1954; Protocol Relating to the Status of Refugees, Art. I(2), 606 U.N.T.S. 267, entered into force Oct. 4,, 1967; Refugee Act of 1980, 8 U.S.C. sec. 1101(a)(42), Refugee and Asylum Law: The Modern Era, dwkcommentaries.com (July 9, 2010).

[3] U.S. Sets 18,000 Quota for New Refugee Admissions to U.S., dwkcommentareis.com (Nov. 4, 2019); Kanno-Youngs & Shear, Trump Virtually Cuts Off Refugees as He Unleashes a Tirade on Immigrants, N.Y. Times (Oct. 1, 2020); Rampell, Trump’s refugee ceiling is bad for everyone except bigots, Wash. Post (Oct. 1, 2020); Watson & Lee, Faith Groups decry Trump’s plans for record low refugee cap, Wash. Post (Oct. 1, 2020); Miroff, Trump cuts off refugee cap to lowest level ever, depicts them on campaign trail as a threat and burden, Wash. Post (Oct. 1, 2020);Smith, Trump administration again seeks to slash refugee numbers, StarTribune (Oct. 1, 2020); Rights groups appalled as Trump cuts US refugee admissions to record low, Guardian (Oct. 1, 2020); U.S. State Governments Celebrate Refugees’ Accomplishments, dwkcommentaries.com (Feb. 2, 2020).

Secretary Pompeo’s Reactions to U.S. Commission on Unalienable Rights’ Report

On July 16, Secretary of State Michael Pompeo gave an immediate response [1] to the Report of the U.S. Commission on Unalienable Rights that was summarized in a prior post. Now we look at some of the significant points of Pompeo’s response.

Pompeo’s Introduction by Chair Glendon’s

Chair Mary Ann Glendon said that the importance of the Commission’s work has been highlighted by several recent developments. First, Freedom House recently reported that “political and civil rights worldwide have declined this year for the 14th consecutive year and that half the world’s population – 4 billion people – currently live under autocratic or quasi-authoritarian regimes.”[3] Second, “some powerful countries are now openly challenging the basic premises of the great post-World War II human rights project, and by challenging the premises, they are undermining the already fragile international consensus behind the ideas that no nation should be immune from outside scrutiny of how it treats its own citizens and that every human being is entitled to certain fundamental rights simply by virtue of being human.” Third, “Another set of threats to human freedom and dignity are emerging in technological advances – artificial intelligence, biotechnology, data collection, sophisticated surveillance techniques.” Fourth, “millions of women and men are suffering arbitrary imprisonment, torture, and those women and men are looking to the United States as a beacon of hope and encouragement.”

Pompeo’s Speech

“These . . . unalienable rights . . . are a foundation upon which this country was built. They are central to who we are and to what we care about as Americans.”

“America’s founders didn’t invent the ‘unalienable rights,’ but stated very clearly in the Declaration of Independence that they are held as ‘self-evident’ that human beings were ‘created equal’ and ‘endowed by their Creator with certain unalienable rights… among [those] are Life, Liberty, and the Pursuit of Happiness.’”

“The report emphasizes foremost among these rights are property rights and religious liberty. No one can enjoy the pursuit of happiness if you cannot own the fruits of your own labor, and no society – no society can retain its legitimacy or a virtuous character without religious freedom.” (Emphasis added.)

“Our founders knew that faith was also essential to nurture the private virtue of our citizens.”

George Washington, in “his now famous letter from 1790, . . . to the Jews of Newport,. . . proudly noted that the United States ‘gives to bigotry no sanction, to persecution no assistance.’” But “our founders also knew the fallen nature of mankind. [As] Alexander Hamilton wrote in Federalist 10: ‘Men are ambitious, vindictive, rapacious.’ So in their wisdom, they established a system that acknowledged our human failings, checked our worst instincts, and ensured that government wouldn’t trample on these unalienable rights.”

“Limited government structured into our documents protects these rights. As the [Commission] report states, ‘majorities are inclined to impair individual freedom, and public officials are prone to putting their private preferences and partisan ambitions ahead of the public interest.’”

In 1838, Abraham Lincoln, then a 28-year-old lawyer, gave a moving speech to the local young man’s lyceum in Springfield, Illinois, when he said, ‘We find ourselves under the government of a system of political institutions, conducing more essentially to the ends of civil and religious liberty, than any of which the history of former times tells us.’

“This is still true of America today. America is fundamentally good and has much to offer the world, because our founders recognized the existence of God-given, unalienable rights and designed a durable system to protect them.”

“The . . . societal upheavals that are currently roiling our nation . . .directly ties to our ability to put our founding principles at the core of what we do as Americans and as diplomats all across the world.”

[We must admit, however,] “that at our nation’s founding our country fell far short of securing the rights of all. The evil institution of slavery was our nation’s gravest departure from these founding principles. We expelled Native Americans from their ancestral lands. And our foreign policy, too, has not always comported with the idea of sovereignty embedded in the core of our founding.”

“But . . . the nation’s founding principles gave us a standard by which we could see the gravity of our failings and a political framework that gave us the tools to ultimately abolish slavery and enshrine into law equality without regard to race. . . . From Seneca Falls, to Brown vs. Board of Education, to the peaceful marches led by Dr. Martin Luther King Jr., Americans have always laid claims to their promised inheritance of unalienable rights.”

“The New York Times’s 1619 Project – so named for the year that the first slaves were transported to America – wants you to believe that our country was founded for human bondage, that America’s institutions continue to reflect the country’s acceptance of slavery at our founding. . . [and] that Marxist ideology [correctly says] America is only the oppressors and the oppressed. [This 1619 Project] is a slander on our great people. Nothing could be further from the truth of our founding and the rights about which this report speaks.” (Emphasis added.)

The Commission rejects these notions and “reminds us [of] a quote from Frederick Douglas, himself a freed slave, who saw the Constitution as a ‘glorious, liberty document.’”

“If we truly believe . . . that rights are unalienable, inviolate, enduring, indeed, universal, just as the founders did, then defending them ought to be the bedrock of our every diplomatic endeavor.”

“Our dedication to unalienable rights doesn’t mean we have the capacity to tackle all human rights violations everywhere and at all times. Indeed, our pursuit of justice may clash with hard political realities that thwart effective action.”

“Americans have not only unalienable rights, but also positive rights, rights granted by governments, courts, multilateral bodies. Many are worth defending in light of our founding; others aren’t.”

Prioritizing which rights to defend is also hard. [According to a research group, there are] 64 human rights-related agreements, encompassing 1,377 provisions, between the United Nations and the Council of Europe alone. That’s a lot of rights. And the proliferation of rights is part of the reason why this report is so important.” This report “has provided us the [following] essential questions to ask:

Are our foreign policy decisions rooted in our founding principles?
Are the decisions consistent with our constitutional norms and procedures?
Are they rooted in the universal principles of the Universal Declaration of Human Rights [UDHR]?
Does a new rights claim . . .represent a clear consensus across different traditions and across different cultures, as the Universal Declaration did, or is it merely a narrower partisan or ideological interest?”

“The great and noble human rights project of the 20th century, [however.] is in crisis. Authoritarian regimes perpetrate gross human rights violations every day, all around the world. Too many human rights advocacy groups have traded proud principles for partisan politics. And we see multilateral human rights bodies failing us. The United Nations Human Rights Council does the bidding of dictators and averts its gaze from the worst human rights offenses of our times. [In addition,] international courts too have largely abandoned unalienable rights. The International Criminal Court is training its sights on Americans and Israelis, not the ayatollahs of the world. And the incurious media rarely examines any of these failings.”(Emphasis added.)

“The vital 20th century human rights project has come unmoored, and it needs a re-grounding. The Commission’s work marks an important contribution to America’s effort to address this human rights crisis, and it’s a good time to do so.”

[As the report says,] “we must cultivate the ‘seedbeds of human rights.’ Free and flourishing societies cannot be nurtured only by the hand of government. They must be nurtured through patriotic educators, present fathers and mothers, humble pastors, next-door neighbors, steady volunteers, honest businesspeople, and so many other faithful, quiet citizens.” (Emphasis added.)

“We have the responsibility to educate and advocate. Our diplomatic posts all over the world have human rights officers working to promote American values. We can shine a light on abuses, and as we do when we issue our annual reports, we take stock of the world’s efforts on religious freedom, on human rights, and on human trafficking.” (Emphasis added.)

“We too can empower the people of other nations to further their social and economic rights. Our USAID does this essential work, as does our W-GDP program, which helps women flourish as entrepreneurs. Women, sadly, suffer the most human rights abuses. We can help them do better.” (Emphasis added.)

“We can work productively too with other nations. We’ve done that. We’ve worked with 60-plus nations to help the Venezuelan people recover democracy from the Maduro dictatorship.”

We also “ have punitive tools too, such as sanctions that we’ve levied on human rights abusers in Iran and in Cuba, and a recent advisory that we put out about Xinjiang and companies doing business there. We want to make sure that no American business is knowingly benefiting from slave labor.” (Emphasis added.)

“But to do so effectively, we must insist on the rightness and the relevance of America’s founding principles. Surely, if America loses them, she loses her soul and our capacity to do good around the world.”

“I am confident that the American star will shine across the heavens, so long as we keep a proper understanding of unalienable rights at the center of our unending quest to secure freedom for our own people and all of mankind. The report that you worked on will ensure that we have a better chance to accomplish that.”

Glendon-Pompeo Conversation

Immediately after Pompeo’s speech, Chair Glendon and Pompeo had a brief conversation. One of her questions was: “Why is human rights advocacy is such an important part of our national interest?”

Pompeo responded, “Our capacity to have influence around the world . . . stems from our confidence in ourselves and our deep commitment to the fact that this nation is exceptional, because we rallied around this idea of unalienable rights. [We have developed annual ministerial meetings to gather] religious leaders of all faiths from all around the world. It’s the largest gathering of religious leaders every year to talk about these set of rights and religious freedom. . . . Some two-thirds of the people in the world live in places that are extremely challenged with the absence of religious freedom and religious liberty, the simple chance to exercise their conscientious views on faith.” (Emphasis added.)

Yet Another Pompeo Speech

On July 17^th (the very next day after the above speech], Pompeo and his wife were in West Des Moines, Iowa for a speech—”My Faith, My Work, My Country”[3]— at the Family Leader Summit.[4] Here a few things he said.

“We [at the State Department] have a responsibility to keep you all safe. We advocate too for American businesses abroad, and help create jobs in every state in the union. And we represent your principles. We’ve executed a foreign policy that American families in Des Moines, in Dubuque, and in Davenport can believe in. It’s a pro-national security foreign policy focused on America. It’s a pro-religious freedom foreign policy. And it’s a 100 percent pro-life foreign policy.” (Emphasis added.)

Later, he added, “America sets the tone for the rest of the world in this respect, and our administration has defended the rights of unborn like no other administration in history. Abortion quite simply isn’t a human right. It takes a human life. You all – you all know this. The Psalmist says in Psalm 139: ‘You knit me together in my mother’s womb.’ This is when life begins, full stop. So we’ve reinstated the Mexico City Policy, so that not a single dime of American taxpayer money will ever go to a foreign NGO that performs active abortions anywhere in the world. In the fall of last year, . . . Secretary Azar at Health and Human Services and I, we mobilized 20 countries to deliver a joint statement at the UN criticizing pro-abortion language in UN documents. This has not happened before. We said clearly that “there is no international right to an abortion.” (Emphasis added.)

He also had extensive negative comments about China and Iran and positive words about Israel.

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[1] State Dep’t, Pompeo Speech: Unalienable Rights and the Securing of Freedom (July 16, 2020)[“Pompeo Speech”]. (The above post highlights some points for discussion in a subsequent post.) See also Pompeo, American diplomacy must again ground itself in the nation’s founding principles, Wash. Post (July 16, 2020); Assoc. Press, Pompeo Says US Should Limit Which Human Rights It Defends, N.Y. Times (July 16, 2020)

[2] Freedom House, Freedom in the World 2020: A Leaderless Struggle for Democracy..

[3] State Dep’t, Pompeo Speech: My Faith, My Work, My Country (July 17, 2020).

[4] The Family Leader, which is based in Urbandale IA, is an organization that is focused on marriage as “a permanent lifelong commitment between a man and a woman;” on sanctity of life for “protection of life from conception to natural death;” on affirming “ sexual relations within the bond of marriage, and oppose distortions of sexuality or special rights to those practicing distorted sexual behavior.” (The Family Leader, Issues we are focused on.)

More Objectionable U.S. Statements About Cuba

On May 12, 13 and 14, the U.S. State Department made three negative statements about Cuba. First, it listed Cuba and four other countries for “not cooperating fully” with U.S. counterterrorism efforts in 2019. Second, the U.S. identified Cuba and four other countries for allegedly creating, disseminating and amplifying disinformation and propaganda in the Western Hemisphere. Third, an anonymous source said the U.S. was considering re-designating Cuba as a State Sponsor of Terrorism by the end of the year.

These U.S. statements along with reactions thereto are discussed below.

Cuba’s Alleged Noncooperation Over Counterterrorism[1]

According to the Department on May 12, there were two points of alleged non-cooperation.

Cuba’s Refusal To Extradite Colombian Guerrilla Leaders to Colombia

The first related to Cuba’s refusal to extradite to Colombia 10 leaders of the Colombian rebel group—the ELN (the National Liberation Army)—who are living in Cuba after the group claimed responsibility for the January 2019 bombing of a Bogota police academy that killed 22 people and injured more than 60 others. The State Department said, “As the United States maintains an enduring security partnership with Colombia and shares with Colombia the important counterterrorism objective of combating organizations like the ELN, Cuba’s refusal to productively engage with the Colombian government demonstrates that it is not cooperating with U.S. work to support Colombia’s efforts to secure a just and lasting peace, security, and opportunity for its people.”

Yes, it is true that there was such a bombing in Bogota, that the ELN claimed responsibility for same, that certain ELN leaders are living in Cuba and that Cuba has declined to extradite them to Colombia. There indeed is reason for Colombia to be outraged. But the U.S. citing this as an objectionable refusal to cooperate with the U.S. is inappropriate and objectionable.

Since 2005, Cuba has been acting intermittingly as a mediator of the conflict between these two parties. These peace talks, however, have been inconclusive. The first round started in 2005 and ended in August 2007, when the ELN said there were “two different conceptions of peace and methods to get to it.” The next year (2008) then Colombian President Alvaro Uribe invited an ELN representative to the Colombian Presidential Palace for new talks, but the ELN did not accept the invitation.

In 2012, the ELN tried and failed to negotiate a position for itself at a peace conference in Cuba between the government of former [Colombian] President Santos and the Revolutionary Armed Forces of Colombia (FARC).

Five years later, in 2017, the ELN and the Colombian government formally entered peace negotiations in Cuba. In October 2017, those talks resulted in the Colombian government’s accepting the ELN’s offer of a ceasefire, the first between the two.”[2]

“The ceasefire between the ELN and the Colombian government encountered difficulties in early 2019 with new Colombian President Duque’s demanding the ELN to stop kidnapping and to release hostages as a condition for the continuation of the peace talks, which the ELN refused. This lead to the ELN attack in January 2019 on the police academy and the Colombian government’s suspending the peace talks indefinitely. As of June 2019, President Duque has called for the arrest and extradition of the ELN leadership present at the Havana peace talks.”

On March 29, 2020, ELN announced a unilateral 30-day ceasefire starting April 1 as a “humanitarian gesture” during the coronavirus pandemic and stated its williness to reviving suspended peace negotiations. The Colombian government immediately responded by announcing that two former ELN commanders would serve as “peace promoters” (gestores de paz). On April 27, 2020, however, ELN announced that effective May 1 it would resume its guerrilla war because of a lack of response by the conservative government of President Duque, who allegedly lacked “the will” to resume stalled peace talks in Havana.

Under these circumstances Cuba invoked the protocols for the peace talks stipulating that, upon a breakdown of negotiations, Cuba would facilitate the return of ELN members to safe havens in Colombia. However, because Colombia’s government expressed the intent to arrest ELN members upon their return to the country, rather than allow their returns to safe havens, Cuba refused extradition.

ELN predictably denounced this U.S. action. The ELN emphasized that these protocols are guaranteed by Brazil, Chile, Ecuador, Norway and Venezuela and that Colombia is violating them by insisting upon Cuba’s extradition of ELN leaders to that country. The FARC also backed this position by withdrawing from a meeting of Colombia’s Commission for Follow-up, Promotion and Verification of the Implementation of the Agreements of Peace.

Cuba’s trying to assist peaceful resolution of these disputes is an important contribution to overall peace in the region and takes precedence over the U.S. demanding that Cuba do what the U.S. wants it to do. Moreover, as the Washington Office on Latin America stated, this U.S. action “sends the message that if a state agrees to host peace talks, and doesn’t violate its word, that state could still face severe consequences for its contribution to global peace and security. In Colombia, as reprehensible as the ELN’s actions were, this sends a perverse message to any group that might decide to enter into a future peace process with the government.”

Instead, in this blogger’s opinion, the U.S, should press both the Colombian government and the ELN to resume peace negotiations in Cuba with the latter’s assistance.

Cuba’s Refusal To Return U.S. Fugitives to the U.S.

The second ground cited by the U.S. for non-cooperation is Cuba’s harboring “several U.S. fugitives from justice wanted on charges of political violence, many of whom have resided in Cuba for decades. For example, the Cuban regime has refused to return Joanne Chesimard, who was convicted of executing New Jersey State Trooper Werner Foerster in 1973. The Cuban Government provides housing, food ration books, and medical care for these individuals.”

Yes, it is true that several U.S. fugitives have resided on the island for a long period of time, and Cuba has declined U.S. requests for their return. The most significant has been Ms. Chesimard, who was convicted in New Jersey state court of aiding and abetting the murder of that State Trooper; she was in the car with men who had guns and killed the trooper, but she did not pull the trigger.

She escaped from a New Jersey prison in 1979 and fled to Cuba, which granted her political asylum, and under U.S.-Cuba extradition treaties of 1905 and 1926, each country is not obligated to extradite someone when the offense is of “a political character.”[3]

Moreover, Cuba has cooperated with the U.S. on this issue by discussing the issue in bilateral talks with the U.S. during President Obama’s efforts to normalize relations with the island, by not admitting any other U.S. fugitives to the island and by extraditing some such fugitives to the U.S.

Cuba’s Alleged Disinformation and Propaganda[4]

On May 13, additional statements against Cuba were made in the context of the perceived threat to the U.S. from disinformation and propaganda in Latin America. The State Department’s briefing on this subject was conducted by Michael G. Kozak, Acting Assistant Secretary of State, Bureau of Western Hemisphere Affairs, and Lea Gabrielle, Special Envoy and Coordinator of the State Department’s Global Engagement Center.[5]

According to Kozak, Cuba (along with Russia, China, Iran, the former Maduro regime in Venezuela, and other malign actors) play a role in the creation, dissemination, and amplification of disinformation and propaganda around the region with the purpose of undermining the efforts of the competent authorities in the region to address the [pandemic] crisis appropriately.”

Most of the specific comments were directed at Russia, China and Venezuela. The only ones specially about Cuba were in the concluding remarks by the Special Envoy, who said:

Cuba has “capitalized on COVID-19 to try to amplify its longstanding propaganda campaigns around its medical missions, routinely amplifying reports of Cuban doctors assisting in the fight against COVID-19 in countries around the world.And we certainly encourage Cuba to allow its doctors to provide their assistance freely instead of withholding their salaries, confiscating their passports, and forcing them into destitute living and working conditions, but what we’re seeing is the Cuban propaganda machine have a global reach through social media. So we’ve identified, for example, more than four dozen Twitter accounts that are key components of that global network, including accounts in Venezuela alongside other countries in the region, even as far as Africa, the Middle East, and Europe. And these accounts have worked together to try to obscure the well-documented exploitation inherent to the Cuban medical program.”

The Special Envoy’s comments implicitly admit that Cuba’s medical missions to combat the coronavirus pandemic have been favorably (and legitimately) received around the world, which annoys the U.S. She then repeats the U.S. canard that Cuba illegally treats its medical professionals on these missions. As discussed in prior posts, there has been no credible showing by the U.S. that Cuba has been and is engaging in illegal forced labor of these medical professionals.[6]

U.S. Possible Re-Designating Cuba as State Sponsor of Terrorism[7]

On May 14, an anonymous State Department source told Reuters that by the end of this year the U.S. might re-designate Cuba as a “state sponsor of terrorism,” which was lifted in 2015 during the Obama Administration’s normalization of relations between the two countries.

This anonymous source said there was a “convincing case” for such re-designation because of Cuba’s continued backing of Venezuelan President Nicolas Maduro and its providing refuge for ELN leaders. If that re-designation happens, it would carry the risk of further U.S. sanctions against Cuba.

This threat is ill founded. The U.S. in May 2015 officially rescinded its designation of Cuba as such a Sponsor for well founded reasons.

A Miami-based Cuba-exile group supporting closer ties with Cuba, Cuba Study Group, said, “We always knew this administration planned to return Cuba to the to the SSOT. Now starts the slow election-year rollout for maximum theatrical effect. Just for you, Miami.”

Conclusion

All of these U.S. statements about Cuba are unjustified. They all are premised on the dominant U.S. saying “my way, or the highway.” Instead, the U.S. should encourage both the Colombian government and ELN to resume peace negotiations with the assistance of Cuba. In addition, the U.S. should propose the resumption of respectful discussions with Cuba over the many issues that have accumulated over the last 60 years, including the ending of the U.S. embargo of the island.

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

[1] The four other countries are Iran, North Korea, Syria and Venezuela.(See State Dep’t, Countries Certified as Not Cooperating Fully With U.S. Counterterrorism Efforts (May 13, 2020); Reuters, U.S. Says Cuba Is Not Cooperating Fully on Counterterrorism, N.Y. Times (May 13, 2020).

[2] Mapping Militant Organizations. “National Liberation Army,” Stanford University (Last modified July 2019); National Liberation Army (ELN), Wikipedia; Johnson, The National Liberation Army (ELN) Joins Colombia’s Santos for Peace, Crisisgroup.org (May 12, 2016); Colombia’s ELN rebels call ceasefire over coronavirus, BBCNews (Mar. 30, 2020); ELN Unilateral Ceasefire an Important Opportunity for Peace in Colombia, wola.org (Mar. 30, 2020); Colombia’s ELN rebels scrap ceasefire, France 24 (April 27, 2020); Washington Office on Latin America, Inaccurate Trump Administration Charges Against Cuba Damage Prospects for Peace Talks in Colombia and Elsewhere. WOLA.org (May 14, 2020); Guerrilla of the ELN:’It is perfidy’ for the US to include Cuba in the list of countries that sponsor terrorism, Diario de Cuba (May 18, 2020).

[3] See these posts to dwkcommentaries.com: Issues Regarding Cuba and U.S. Extradition of the Other’s Fugitives (Feb. 24, 2015); U.S. and Cuba Discuss Counterterrorism Cooperation (June 10, 2016); Criticism of U.S.-Cuba Law Enforcement Agreement (Jan. 21, 2017); Congressional Proposal for Extradition of U.S. Fugitives in Cuba (Dec. 16, 2017).

[4] State Dep’t, Telephonic Press Briefing with Ambassador Michael Kozak & U.S. Special Envoy Lea Gabrielle (May 13, 2020).

[5] The State Department’s Global Engagement Center, which was created by a President Obama Executive Order on March 14, 2016, has a mission “to direct, lead, synchronize, integrate, and coordinate efforts of the Federal Government to recognize, understand, expose, and counter foreign state and non-state propaganda and disinformation efforts aimed at undermining or influencing the policies, security, or stability of the United States, its allies, and partner nations.”

[6] E.g., U.S. State Department Unjustly Continues To Allege That Cuba’s Foreign Medical Missions Engage in Forced Labor, dwkcommentaries.com. (Aug. 17, 2017). .

[7] Reuters, Exclusive: U.S. Considers Returning Cuba to List of State Sponsors of Terrorism-Source, N.Y. Times (May 14, 2020). See also the following posts to dwkcommentaries.com: Baseless Ground for U.S. Designation of Cuba as a “State Sponsor of Terrorism” (Nov. 6, 2014); U.S. Has Conceded Many Reasons Why Cuba Has Provided Assurances That It Will Not Support Future Acts of International Terrorism (Jan. 3, 3015); President Obama Rescinds U.S. Designation of Cuba as a “State Sponsor of Terrorism” (April 15, 2015); U.S. Rescinds Designation of Cuba as a “State Sponsor of Terrorism” (May 29, 2015).

Pandemic Journal (# 17): More Demonstrations of Trump’s Incompetence

Pandemic Journal (# 11) set forth at least some of the reasons why, in my opinion, Donald Trump is utterly incompetent as president. Every day seems to bring more proof for that conclusion, and I prefer to avoid documenting those reasons so that I have time to do something more personally enriching.

However, two recent incidents are so outrageous that I cannot let them go without adding them to his many sins.

Trump’s Interview in the Lincoln Memorial[1]

On Sunday, May 3, Trump arranged to have his interview by two Fox News anchors (Bret Baier and Martha MacCallum) televised from the Lincoln Memorial in Washington, D.C.

During the interview, the President said the death toll from the coronavirus pandemic may reach as high as 100,000, which was twice as high as he had forecast only two weeks ago. He also claimed that his efforts had prevented that total from reaching “a million two, a million four, a million five, that’s the minimum. We would have lost probably higher, it’s possible higher than 2.2million.” Nevertheless, the President said he favored lifting the stay-at-home orders and other restrictions.

While he admitted he had been warned about the virus on January 23, he said it was presented as “not a big deal.” A week later, on January 30, he decided to block entry to the U.S. by most foreign nationals coming from China, but he said that was not caused by the earlier warning.

“I am greeted with a hostile press the likes of which no president has ever seen. The closest would be that gentleman right up there. They always said Lincoln – nobody got treated worse than Lincoln. I believe I am treated worse.”

Max Boot, an historian, best-selling author, foreign policy analyst and Washington Post columnist, places this Trump interview in a broader context. Boot observes, “We are in the midst of a once-in-a century crisis, with death totals having already exceeded the number of Americans killed during the Vietnam War and unemployment numbers approaching Great Depression levels. We are desperate for leadership of the kind provided by Abraham Lincoln and Franklin D. Roosevelt. We need a president who will empathize with an ailing nation while explaining why the current sacrifice is necessary on the road to victory.”

Instead, says Boot, “we have a president who threw a pity party for himself at the Lincoln Memorial, claiming he is ‘treated worse’ than a president who was assassinated. The Civil War leader whom Trump resembles is not the resolute Lincoln but the failed Gen. George McClellan — who was indecisive, conceited and intolerant of criticism.”

Dana Milbank, another Washington Post columnist, agrees. He says, “Only a man of Trump’s peculiar sense of victimhood could believe that he has been “treated worse” than a predecessor killed by an assassin’s bullet. And a review of press criticism of Lincoln confirms, as expected, that Trump’s self-pity is as silly as it sounds.”

In response to criticism about holding the interview in the Lincoln Memorial that his aides had arranged by getting the Secretary of Interior to waive a rule against political events inside the Memorial, Trump even said that this location was Fox’s choice, not his.

Trump’s Response to President George W. Bush[2]

On May 2, former President George W. Bush’s three-minute videotaped segment was presented on TV as part of a 24-hour live-streamed “The Call to Unite” that also featured former President Bill Clinton, Oprah Winfrey, Tim Shriver, Julia Roberts. Martin Luther King III, Sean Combs, Quincy Jones, Naomi Judd, Andrew Yang and others.

Mr. Bush said, in part, “Let us remember how small our differences are in the face of this shared threat,” while in the background were music and photographs of medical workers helping victims of the virus and of ordinary Americans wearing masks. Bush then concluded, “In the final analysis, we are not partisan combatants. We are human beings, equally vulnerable and equally wonderful in the sight of God. We rise or fall together and we are determined to rise.” He did not mention President Trump.

Early the next morning, Trump fired off a tweet. First, he paraphrased a Fox News personality as saying, “Oh by the way, I appreciate the message from former President Bush, but where was he during Impeachment calling for putting partisanship aside.” Then Trump added, “He was nowhere to be found in speaking up against the greatest Hoax in American history!”

A Washington Post columnist, David Von Drehle, violated his own rule for not commenting on Trump’s Twitter comments by doing so for this one because it was “so nakedly revealing of its author’s values and character.” This Trump Tweet “embraced and simplified the idea that Bush’s remarks should properly be viewed through the prism of Trump’s political fortunes. . . . No doubt the president’s florid narcissism explains part of this reaction . . . . As the only noteworthy occupant of his own psychological state, Trump seems to think everything is about him. . . . Yet here, a plea for national unity [by a former president] is the occasion for a presidential rebuke. The only sensible explanation: the president has no interest in unity. . . . Bush’s statement hit Trump like an indictment. He knows that unifying the public is not on his agenda. He has no interest in bringing us together.”

Drehle concludes, “Our life-or-death struggle with a new disease has become, for Trump, just another chance to divide the country, to leverage resentments, to fuel suspicion, to antagonize his critics — in the slim hope that he’ll galvanize his supporters while demoralizing the opposition. That’s why he thinks the Bush statement is about him.”

More General Criticism of Trump[3]

Thomas Edsall, a New York Times columnist and a full-time member of the faculty at Columbia University Journalism School, quoted the following observations about Trump from prominent academics:

Stephen Walt, a professor of international affairs at Harvard, said that Trump has responded “to the [coronavirus] crisis with his now-familiar playbook: blaming others, denying responsibility, invoking racial differences and ‘foreign’ dangers, and trying to discredit honest reporting so that he can sell a false narrative about the great job he’s doing.”
Mira Rapp-Hooper, senior fellow for Asia Studies at the Council on Foreign Relations, wrote, “The U.S. government’s pandemic leadership has been its own special brand of catastrophe. The American president denied the threat, rejected scientific expertise, spread misinformation, and left state and local governments to fend for themselves in public trust violations of the highest order. With shambolic self-governance, the U.S. government has placed its own citizens in unnecessary peril, while sidelining itself from acting as a global crisis leader in a way that is unprecedented in the last seven decades. China is all too happy to fill the vacuum.”

As noted in a previous post, George Conway and several other prominent Republicans have formed a group (The Lincoln Project) to defeat Trump’s re-election this November. Conway recently reported that Trump had responded to this group in an early morning Tweet on May 5, attacking the members of this Project as “‘LOSERS,’ ‘loser types,’ ‘crazed” and ‘a disgrace to Honest Abe.’ About me, he said, ‘I don’t know what Kellyanne [Conway, a Trump aide] did to her deranged loser of a husband, Moonface, but it must have been really bad.”

This latest example of Trump’s outbursts prompted George Conway to say, “Now, it’s more obvious than ever. Trump’s narcissism deadens any ability he might otherwise have had to carry out the duties of a president in the manner the Constitution requires. He’s so self-obsessed, he can only act for himself, not for the nation. It’s why he was impeached, and why he should have been removed from office.”

“And it’s why he reacts with such rage. He fears the truth. He fears being revealed for what he truly is. Extreme narcissists exaggerate their achievements and talents, and so Trump has spent his life building up a false image of himself — not just for others, but for himself, to protect his deeply fragile ego. He lies endlessly, not just in the way sociopaths do, which is to con others, but also to delude himself. He claims to be a ‘genius,’ even though he apparently can’t spell, can’t punctuate, can’t do math and lacks geographic literacy, and even though his own appointees have privately called him a ‘moron,’ an ‘idiot,’ a ‘dope,’ and ‘dumb.’ Now, God help us, he fancies himself an expert in virology and infectious diseases.”

George Conway concluded, “Trump’s lying, his self-regard, his self-soothing, his lack of empathy, his narcissistic rage, his contempt for norms, rules, laws, facts and simple truths — have all come home to roost. Now he sees his poll numbers fall accordingly, and lashes out with ever-increasing anger. For deep in his psyche he knows the truth. Because he fears being revealed as a fake or deranged, he’ll call others fake or deranged. Because he fears losing, he’ll call them losers instead.”

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[1] Rogers, Most Events in the Lincoln Memorial Are Banned. Trump Got an Exception, N.Y. Times (May 4, 2020); Baker, Trump foresees Virus Death Toll as high as 100,000 in the United States, N.Y. Times (May 3, 2020); Wolfe, Dishonest Don’s Lincoln backdrop highlights his monumental errors, Guardian (May 6, 2020); Boot, Trump’s dithering proves one thing: We’re at war without a leader, Wash. Post (May 5, 2020); Milbank, ’I believe I am treated worse.’ Trump says. As if, Wash. Post (May 5, 2020).

[2] Baker, George W. Bush Calls for End to Pandemic Partisanship, N.Y. Times (May 3, 2020); Von Drehle, I usually ignore all Trump’s tweets. Not this one, Wash. Post (May 5, 2020).

[3] Edsall, Why Isn’t Trump Riding High? N.Y. Times (May 6, 2020); George Conway, George Conway: Trump went ballistic at me on Twitter. Here’s why he reacts with such rage, Wash. Post (May 6, 2020).

Pandemic Journal (# 1): Kristof and Osterholm Analyses

Sunday morning’s news outlets reported that worldwide there now are over 300,000 persons who have contracted the coronavirus disease (COVID-19) and at least 12,944 have died of this infection while the U.S. statistics are more than 24,300 cases and more than 370 deaths. My State of Minnesota has 169 confirmed cases and its first death while the state’s most populous county (Hennepin with the City of Minneapolis), where I live, has 57 confirmed cases and no deaths.

This blogger has decided to periodically post his reactions to living through this pandemic.

This first post will focus on some of today’s overall perspectives from those who know about what is happening: Nicholas Kristof, a New York Times columnist, who has talked with a lot of experts, and Michael Osterholm, now at the University of Minnesota as Regents Professor, McKnight Presidential Endowed Chair in Public Health, the Director of the Center for Infectious Disease Research and Policy (CIDRAP), Distinguished Teaching Professor in the Division of Environmental Health Sciences, School of Public Health, a professor in the Technological Leadership Institute, College of Science and Engineering, and an adjunct professor in the Medical School.[1]

Other posts will discuss other important developments in the crisis as well as his personal reactions to these problems.

Kristof’s Analysis[2]

One of the most disturbing Sunday articles was by Nicholas Kristof, who set forth what experts are seeing as the “worst case” and “best case” for the U.S. in March 2021, one year from now.

Worst Case

“More than two million Americans have died from the new coronavirus, almost all mourned without funerals. Countless others have died because hospitals are too overwhelmed to deal adequately with heart attacks, asthma and diabetic crises. The economy has cratered into a depression, for fiscal and monetary policy are ineffective when people fear going out, businesses are closed and tens of millions of people are unemployed. A vaccine still seems far off, immunity among those who have recovered proves fleeting and the coronavirus has joined the seasonal flu as a recurring peril.”

The U.S. “badly bungled testing, and President Trump repeatedly dismissed the coronavirus, saying it was ‘totally under control’ and ‘will disappear,’ and insisting he wasn’t ‘concerned at all.’ . . .The United States has still done only a bit more than 10 percent as many tests per capita as Canada, Austria and Denmark.”

“By some counts, the United States is just eight days behind Italy on a similar trajectory, and it’s difficult to see how America can pirouette from the path of Italy to that of South Korea. The United States may already have 100,000 infected citizens — nobody knows. That’s too many to trace. Indeed, one can argue that the U.S. is not only on the same path as Italy but is also less prepared, for America has fewer doctors and hospital beds per capita than Italy does — and a shorter life expectancy even in the best of times.”

“Mitre, a nonprofit that does work on health care, calculated that coronavirus cases are doubling more quickly in the United States than in any other country it examined, including Italy and Iran.” Two experts’ models suggest “that up to 366,000 I.C.U. beds might be needed in the United States for coronavirus patients at one time, more than 10 times the number available.”

Therefore, the U.S. “should be urgently ramping up investment in vaccines and therapies, addressing the severe shortages of medical supplies and equipment, and giving retired physicians and military medics legal authority to practice in a crisis.” But that is not happening. Moreover, the U.S. “isn’t protecting health workers with the same determination” as China did after its initial failure to do so.“In the worst-case scenario, will social services collapse in some areas? Will order fray? Gun sales are increasing, because some people expect chaos and crime.” The U.S. “is in a weaker position than some other countries to confront the virus because it is the only advanced country that doesn’t have universal health coverage, and the only one that does not guarantee paid sick leave. With chronic diseases, the burden of these gaps is felt primarily by the poor; with infectious diseases, the burden will be shared by all Americans.”

Best Case

“Life largely returned to normal by the late summer of 2020, and the economy has rebounded strongly. The United States used a sharp, short shock in the spring of 2020 to break the cycle of transmission; warm weather then reduced new infections and provided a summer respite for the Northern Hemisphere. By the second wave in the fall, mutations had attenuated the coronavirus, many people were immune and drugs were shown effective in treating it and even in reducing infection. Thousands of Americans died, mostly octogenarians and nonagenarians and some with respiratory conditions, but by February 2021, vaccinations were introduced worldwide and the virus was conquered.”

According to Dr. Larry Brilliant, an epidemiologist, “The best case is that the virus mutates and actually dies out.” Another expert, Dr. Charles G. Prober, a professor at Stanford Medical School, agreed. Two other lethal coronaviruses, SARS and MERS, both petered out, and that is possible here. “My hope is that Covid-19 will not survive.”

“Several countries have shown that decisive action can turn the tide on Covid-19, at least for a time.” This especially is true for Singapore, Taiwan, South Korea and Hong Kong that “responded with the standard epidemiological tool kit: vigilance and rapid response, testing, isolating the sick, tracing contacts, quarantining those exposed, ensuring social distancing and providing reliable information. They did not shut down their entire countries.”

It is possible that the U.S. and other Northern Hemisphere nations soon will experience warmer weather that will dampen the coronavirus as was true with two of the four other coronaviruses.

“There is hope that some antiviral medicines currently in clinical trials will be successful.”

Finally there is hope that “the coronavirus may be less lethal than was originally feared, so long as health care systems are not overwhelmed.”

Yet another expert, “Dr. Tara C. Smith, an epidemiologist at Kent State University, summed up all of these considerations: ‘I’m not pessimistic. I think this can work.’ She thinks it will take eight weeks of social distancing to have a chance to slow the virus, and success will depend on people changing behaviors and on hospitals not being overrun. ‘If warm weather helps, if we can get these drugs, if we can get companies to produce more ventilators, we have a window to tamp this down.’”

Our Responses

“This crisis should be a wake-up call to address long-term vulnerabilities. That means providing universal health coverage and paid sick leave.” The coronavirus legislation adopted last week does not do that. “It guarantees sick leave to only about one-fifth of private-sector workers. It’s a symbol of the inadequacy of America’s preparedness.”

“More broadly, the United States must remedy its health priorities: We pour resources into clinical medicine but neglect public health. . . . The United States has a decentralized and spotty public health system, and it has endured painful budget cuts, yet historically public health has saved more lives than clinical medicine.”

Osterholm’s Perspective[3]

U.S. Difficulty in Appreciating Risk of Pandemics

First, the U.S. government and citizens “had almost this sense of invincibility that we had a border that would not allow such infectious-disease agents to penetrate … . We, of course, know that is folly. A microbe anywhere in the world today can be anywhere in the world tomorrow.”

Second, “we tend to lack creative imagination. {Yet those ]who knew health care knew that health care [had been] carved down to the bone for which there was no resiliency of any substantial nature, no excess capacity, no monies to stockpile large volumes of protective equipment.” In addition, there has been “no real understanding of the vulnerability of this country outsourcing all of its drug supply manufacturing to places like China.”

Third, “I think it’s human nature to not want to believe this” risk.

This January Osterholm wrote a notification for the CIDRAP leadership forum, saying, “ “I now am absolutely convinced this is going to be a pandemic. This will be a worldwide epidemic. We will see major transmission around the world. And what has happened in Wuhan [China] will happen in other places.” But this warning had no impact on U.S. policies.

U.S. Needs ‘New Normal’

U.S. and others need to find a new normal, a way to live with COVID-19. We “can’t shelter in place for 18 months. This isn’t going to work.” Instead, we need a national goal.

We must “make every effort to … protect those most vulnerable. And we [need to] continue to emphasize social distancing, … [and] keep the hospitals from being overrun. We [must] keep doing that until we get a vaccine. . . . It won’t be perfect. Some people will get sick, some may die.”

“People are really concerned. They’re scared … but they’re not panicking. They want straight talk.” They want the truth, and they are not getting it from the Trump administration.

“[A recent British scientific paper] said crowd size really makes no difference. We really have no data on crowd size. Their modeling says we have to have contact … that if you shook hands with all 50,000 people in an arena, you got a problem. But if you didn’t, the risk of transmission is not nearly as great as people think it is. We also don’t have good data that we have major transmission in schools from kids to kids and that they take it home to Mom and Dad.”

“Singapore did not close schools. Hong Kong did. We saw no difference. . . . {On the other hand,] I do know it makes a difference in saving lives in a hospital when you take out 20% of nurses, doctors, respiratory therapists who can’t work because they’re at home [to watch their kids]. I know that is a risk in putting grandparents in so that some can keep working.”

He is hopeful about some new potential treatments for COVID-19, such as chloroquine, that are being studied, but that, he says, is not a strategy.

Conclusion

As a retired lawyer in his 80’s with no experience or expertise on these global health issues, I concur in Professor Osterholm’s assertion that others and I want the truth from our government and national and local leaders. That truth will include admissions that they do not yet know certain important factors, that they are investigating those issues in a focused, disciplined, scientific manner and that the rest of us need to follow developments in the pandemic and follow the straightforward instructions: wash your hands frequently and carefully, maintain at least six-feet social distancing with other people and do not join groups of (10?) or more people. As noted above, other posts will explore my personal reactions to all of this situation.

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[1] Osterholm also currently holds, and has held, other important positions in this field and is the co-author of “the 2017 book, Deadliest Enemy: Our War Against Killer Germs, in which he not only details the most pressing infectious disease threats of our day but lays out a nine-point strategy on how to address them.” (CiDRAP, Michael T. Osterholm, PhD, MPH.)

[2] Kristof, The Best-Case Outcome for the Coronavirus, and the Worst, N.Y. Times (Mar. 20, 2020).

[3] Burcum, Coronavirus pandemic: What’s ‘normal’ now? What’s next? An interview with Michael Osterholm, StarTribune (Mar. 22, 2020). /

U.S. State Department Reiterates Criticism of Cuba’s Human Rights

On March 11, the U.S. State Department released its latest annual report on human rights around the world and repeated its criticisms of Cuba on this subject.

Secretary Pompeo’s Introduction of the Report[1]

The Secretary used these words to announce the release of the report: “As our founding documents remind us, nothing is more fundamental to our national identity than our belief in the rights and dignity of every single human being. It’s in our Declaration of Independence.” With the U.S. Declaration of Independence of 1776 as its foundation, “The State Department’s Commission on Unalienable Rights is exploring the deep roots of America’s foundational belief in these ideals, and I look forward to receiving the commission’s work sometime around the Fourth of July of this year, a fitting time.” (Emphasis added.)

The Secretary then shifted to highlighting the report’s discussion of “human rights abuses . . . that are happening in China, Iran, Venezuela, and in Cuba.” His comments on Cuba focused entirely on the situation of Cuban dissident José Daniel Ferrer, which will be covered in a subsequent post.

The Executive Summary of the Report on Cuba[2]

“Cuba is an authoritarian state led by Miguel Diaz-Canel, president of the republic, with former president Raul Castro serving as the first secretary of the Cuban Communist Party (CCP). Despite ratifying a new constitution on February 24, Cuba remains a one-party system in which the constitution states the CCP is the only legal political party and the highest political entity of the state.”

“The Ministry of Interior exercises control over the police, internal security forces, and the prison system. The ministry’s National Revolutionary Police is the primary law enforcement organization. Specialized units of the ministry’s state security branch are responsible for monitoring, infiltrating, and suppressing independent political activity. The national leadership, including members of the military, maintained effective control over the security forces.”

“Significant human rights issues included: reports of abuse of political dissidents, detainees, and prisoners by security forces; harsh and life-threatening prison conditions; arbitrary arrests and detentions; significant problems with the independence of the judiciary; political prisoners; and arbitrary or unlawful interference with privacy. The government severely restricted freedom of the press, used criminal libel laws against persons critical of leadership, and engaged in censorship and site blocking. There were limitations on academic and cultural freedom; restrictions on the right of peaceful assembly; denial of freedom of association, including refusal to recognize independent associations; restrictions on internal and external freedom of movement and severe restrictions of religious freedom. Political participation was restricted to members of the ruling party, and elections were not free and fair. There was official corruption, trafficking in persons, outlawing of independent trade unions, and compulsory labor.”

“On February 24, the country adopted a new constitution in a coerced referendum marred by violent government repression against those that opposed the proposed constitution. On February 12, for example, 200 police and security agents raided the homes of leaders of the Patriotic Union of Cuba (UNPACU) [which is headed by José Daniel Ferrer] for openly campaigning against the draft constitution, detaining and reportedly beating UNPACU members. Other opponents reported that the government had blocked their email and texts to keep them from disseminating opposition campaign materials. Article 5 of the constitution enshrines one-party rule by the CCP, disallowing for additional political expression outside of that structure. Although the new constitution adds explicit protections of freedom and human rights, including habeas corpus, authorities did not respect them, nor did the courts enforce them.”

“Government officials, at the direction of their superiors, committed most human rights abuses and failed to investigate or prosecute those who committed the abuses. Impunity for the perpetrators remained widespread.”

Some Negative Details of the Report

Disappearance (Section 1.B): “There were confirmed reports of long-term disappearances by or on behalf of government authorities. There were multiple reports of detained activists whose whereabouts were unknown for days or weeks because the government did not register these detentions; many detentions occurred in unregistered sites.”

Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (Section 1.C):

“There were reports that members of the security forces intimidated and physically assaulted human rights and prodemocracy advocates, political dissidents, and other detainees and prisoners during detention and imprisonment, and that they did so with impunity. Some detainees and prisoners also endured physical abuse by prison officials or by other inmates with the acquiescence of guards.”
“There were reports police assaulted detainees or were complicit in public harassment of and physical assaults on peaceful demonstrators.”
“State security officials frequently deployed to countries such as Venezuela and Nicaragua, where they trained and supported other organizations in their use of repressive tactics and human rights abuses, and sometimes participated in them directly.”
“Prison conditions continued to be harsh and life threatening. Prisons were overcrowded, and facilities, sanitation, and medical care were deficient. There were reports that prison officials assaulted prisoners.”
“The government subjected prisoners who criticized the government or engaged in hunger strikes and other forms of protest to extended solitary confinement, assaults, restrictions on family visits, and denial of medical care.”
“The government did not permit monitoring of prison conditions by independent international or domestic human rights groups and did not permit access to detainees by international humanitarian organizations.”

Arbitrary Arrest or Detention (Section 1.D):

“Arbitrary arrests and short-term detentions increased, becoming a routine government method for controlling independent public expression and political activity.”
Authorities “routinely ignored” the requirement to “furnish suspects a signed ‘report of detention,’ noting the basis, date, and location of any detention in a police facility and a registry of personal items seized during a police search.”
“Police used laws against public disorder, contempt, lack of respect, aggression, and failure to pay minimal or arbitrary fines as ways to detain, threaten, and arrest civil society activists. Police officials routinely conducted short-term detentions, at times assaulting detainees.”
“The law allows for ‘preventive detention’ for up to four years of individuals not charged with an actual crime, based on a subjective determination of “precriminal dangerousness,” which is defined as the ‘special proclivity of a person to commit crimes, demonstrated by conduct in manifest contradiction of socialist norms,’ which is sometimes used “to silence peaceful political opponents.”
“There were reports that defendants met with their attorneys for the first time only minutes before their trials and were not informed of the basis for their arrest within the required 168-hour period;” that bail “typically [was] not granted to those arrested for political activities;” that “police and security forces at times relied on aggressive and physically abusive tactics, threats, and harassment during questioning;” that “authorities may detain a person without charge indefinitely;” that officials often detain “suspects longer than the legally mandated period without informing them of the nature of the arrest, allowing them to contact family members, or affording them legal counsel;” that the “government [often] held detainees for months or years in investigative detention, in both political and nonpolitical cases.”

Denial of Fair Public Trial (Section 1.E):

“[P]olitically motivated trials were at times held in secret, with authorities citing exceptions for crimes involving ‘state security’ or ‘extraordinary circumstances.’”
“[C]ourts regularly failed to protect or observe these [due process] rights. The law presumes defendants to be innocent until proven guilty, but authorities often ignored this, placing the burden on defendants to prove innocence.”
“Criteria for admitting evidence were arbitrary and discriminatory.” In cases involving “‘crimes against the security of the state,’ defense attorneys were not allowed access until charges were filed.”
For charges of ‘precriminal dangerousness,’ “the state must show only that the defendant has “proclivity” for crime, so an actual criminal act need not have occurred.”
“The government continued to hold political prisoners and detainees but denied it did so and refused access to its prisons and detention centers by international humanitarian organizations and the United Nations.”
There are “political prisoners,’ but details are difficult to obtain.
“No courts allowed claimants to bring lawsuits seeking remedies for human rights violations.”

Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence (Section 1.E):

“Reportedly government officials routinely and systematically monitored correspondence and communications between citizens, tracked their movements, and entered homes without legal authority and with impunity.”
“Covert techniques to obtain information . . . . included information gathering by undercover officers, voice recording, location monitoring, filming, communications intercepts, and surreptitious access to computer systems.”
“The Ministry of Interior employed a system of informants and neighborhood committees, known as “Committees for the Defense of the Revolution,” to monitor government opponents and report on their activities.”

Freedom of Expression, Including for the Press” (Section 2.A):

“Laws banning criticism of government leaders and distribution of antigovernment propaganda carry penalties ranging from three months to 15 years in prison.”
“The government did not tolerate public criticism of government officials or programs and limited public debate of issues considered politically sensitive.”
“[S]ome religious groups reported increased restrictions to express their opinions during sermons and at religious gatherings.”
“The government directly owned all print and broadcast media outlets and all widely available sources of information.”
“The government harassed and threatened any independent citizen journalists who reported on human rights violations in the country.”
“The law prohibits distribution of printed materials considered ‘counterrevolutionary’ or critical of the government.”
“The government used a combination of website blocking, pressure on website operators, arrests, intimidation, imprisonment, and extralegal surveillance to censor information critical to the regime and to silence its critics.”
“The government restricted academic freedom and controlled the curricula at all schools and universities, emphasizing the importance of reinforcing ‘revolutionary ideology’ and ‘discipline.’”

Freedoms of Peaceful Assembly and Association (Section 2.B):

The constitutional “limited right of assembly . . . is subject to the requirement that it may not be ‘exercised against the existence and objectives of the socialist state.’ The law requires citizens to request authorization for organized meetings of three or more persons.”
“Independent activists, as well as political parties other than the CCP, faced greater obstacles, and state security forces often suppressed attempts to assemble, even for gatherings in private dwellings and in small numbers. The government refused to allow independent demonstrators or public meetings by human rights groups or any others critical of any government activity.”
“The government, using undercover police and Ministry of Interior agents, organized “acts of repudiation” in the form of mobs organized to assault and disperse those who assembled peacefully.”
“The government routinely denied citizens freedom of association and did not recognize independent associations. The law proscribes any political organization not officially recognized. A number of independent organizations, including opposition political parties and professional associations, operated as NGOs without legal recognition, and police sometimes raided their meetings.”
“The government routinely denied citizens freedom of association and did not recognize independent associations. The law proscribes any political organization not officially recognized. A number of independent organizations, including opposition political parties and professional associations, operated as NGOs without legal recognition, and police sometimes raided their meetings.”

Freedom of Movement (Section 2.D):

“There continued to be restrictions on freedom of movement within the country, foreign travel, and migration with the right of return.”
“The government also barred citizens and persons of Cuban descent living abroad from entering the country, apparently on grounds that they were critical of the government or for having “abandoned” postings abroad.”

Protection of Refugees (Section 2.F): “Cuba is not a signatory to the 1951 Refugee Convention [Treaty].”

Freedom to Participate in the Political Process (Section 3):

“[C]itizens do not have the ability to form political parties or choose their government through the right to vote in free and fair elections or run as candidates from political parties other than the CCP. The government forcefully and consistently retaliated against those who sought peaceful political change.”
“The new constitution includes many sections that restrict citizens’ ability to participate fully in political processes by deeming the CCP as the state’s only legal political party and the ‘superior driving force of the society and the state.’”

Corruption and Lack of Transparency in Government (Section 4): The government did not effectively enforce the law against corruption.

Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights (Section 5):

“The government subjected domestic human rights advocates to intimidation, harassment, periodic short-term detention, and long-term imprisonment on questionable charges.”
“The government refused to recognize or meet with any unauthorized NGOs that monitored or promoted human rights.”
“The government continued to deny international human rights organizations, including the United Nations, its affiliated organizations, and the International Committee of the Red Cross, access to prisoners and detainees.”

Discrimination, Societal Abuses, and Trafficking in Persons (Section 6):

“The government specifically targeted activists organizing a campaign called Women United for Our Rights that asked the state to update data on crimes against women, train officials to handle crimes against women, and define gender-based violence in the law.”
“A large number of persons with disabilities who depended on the state for their basic needs struggled to survive due to lack of resources and inattention.”
“Afro-Cubans often suffered racial discrimination, and some were subject to racial epithets while undergoing beatings at the hands of security agents in response to political activity. Afro-Cubans also reported employment discrimination, particularly in positions of prominence within the tourism industry, media, and government.”
Although Cuba has “a history of state-sanctioned events in support of the LGBTI community,” several “unrecognized NGOs that promote LGBTI human rights faced government harassment, not for their promotion of such topics, but for their independence from official government institutions.”

Freedom of Association and the Right to Collective Bargaining (Section 7.A): “The government continued to prevent the formation of independent trade unions in all sectors. use politically motivated and discriminatory dismissals against those who criticized the government’s economic or political model.”

Prohibition of Forced or Compulsory Labor (Section 7.B): “Many citizens were employed by state-run entities contracted by foreign entities inside the country and abroad to provide labor, often highly skilled labor such as doctors or engineers. These employees received a small fraction of the salaries paid to the state-run company, often less than 10 percent. For example, in the “Mais Medicos” program run in cooperation with the Pan-American Health Organization in Brazil, of $1.3 billion the Brazilian government paid for the services of Cuban doctors, less than 1 percent–only $125 million–was paid to the doctors who provided the services. The rest went into the Cuban government’s coffers. Doctors in the program complained of being overworked and not earning enough to support their families. Former participants described coercion, nonpayment of wages, withholding of their passports, and restriction on their movement, which the government denied. Similar practices occurred in the tourism sector.”

Comments

The U.S.’ repeated allegation that Cuban medical personnel on foreign missions are engaged in illegal forced labor does not make it so. Moreover, there is a strong legal argument against that allegation.[3]

There may well be legitimate Cuban arguments against the other allegations mentioned above, which Cuba would need to assert and prove.

More importantly, the U.S. allegations ignore the long history of U.S. overt and covert hostile actions against the much smaller and militarily weaker island nation, and hence Cuba’s well-founded need to be suspicious of its domestic critics and to take some actions against those critics. This, however, does not provide Cuba with legitimate excuses for all of those actions.

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[1] State Dep’t, Secretary Michael R. Pompeo on the Release of the 2019 Country Reports on Human Rights Practices (Mar. 11, 2020); Jakes, Critics Hear Political Tone as Pompeo Calls Out Diplomatic Rivals Over Human Rights, N.Y. Times (Mar. 11, 2020).

[2] State Dep’t, 2019 Country Reports on Human Rights Practices: Cuba (Mar. 11, 2020).

[3] See, e.g., these posts to dwkcommentaries.com: U.S. Unjustified Campaign To Discredit Cuba’s Foreign Medical Mission Program (Sept. 4, 2019); U.S. Litigation Over Cuba Medical Mission Program (Feb. 12, 2020); Cuba Response to U,S, Campaign Against Cuba’s Medical Missions (Feb. 13, 2020).

Reactions to November 1, 2019, Meeting of U.S. Commission on Unalienable Rights

A prior post reviewed the substance of the November 1, 2019, meeting of the U.S. Commission on Unalienable Rights. Now this blogger will set forth his reactions to this meeting.

Reactions to Professor Sunstein

Although I had studied American history many years ago in college and am generally familiar with the subject, I had no knowledge of President Franklin D. Roosevelt’s Second Bill of Rights in his State of the Union Address of 1944 that was prominent in Professor Sunstein’s presentation. Therefore, I searched and found the text and context of that Address [1] which are highlighted below.

1. FDR’s State o the Union Address, 1944

President Roosevelt said he had joined the leaders of the United Kingdom, Russia and China in agreeing that “the one supreme objective for the future” was “security,” meaning “not only physical security which provides safety from attacks by aggressors,” but also “economic security, social security, moral security —in a family of Nations.”

“This Republic had its beginning, and grew to its present strength, under the protection of certain inalienable [sic] political rights—among them the right of free speech, free press, free worship, trial by jury, freedom from unreasonable searches and seizures. They were our rights to life and liberty.” (Emphasis added.)

“As our Nation has grown in size and stature, however—as our industrial economy expanded—these political rights proved inadequate to assure us equality in the pursuit of happiness.” (Emphasis added.)

“We have come to a clear realization of the fact that true individual freedom cannot exist without economic security and independence. ‘Necessitous men are not free men.’ People who are hungry and out of a job are the stuff of which dictatorships are made.” (Emphasis added.)

“In our day these economic truths have become accepted as self-evident. We have accepted, so to speak, a second Bill of Rights under which a new basis of security and prosperity can be established for all regardless of station, race, or creed. Among these are:” (Emphasis added.)

“The right to a useful and remunerative job in the industries or shops or farms or mines of the nation;
The right to earn enough to provide adequate food and clothing and recreation;
The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;
The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;
The right of every family to a decent home;
The right to adequate medical care and the opportunity to achieve and enjoy good health;
The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment;
The right to a good education.”

“All of these rights spell security. And after this war is won we must be prepared to move forward, in the implementation of these rights, to new goals of human happiness and well-being.”

“America’s own rightful place in the world depends in large part upon how fully these and similar rights have been carried into practice for all our citizens. For unless there is security here at home there cannot be lasting peace in the world.”

Blogger’s comments: This set of rights was incorporated into the UDHR under the leadership of the President’s widow, Eleanor Roosevelt, in 1948 and in the International Covenant on Economic, Social and Cultural Rights that was signed by Presdient Jimmy Carter in 1977, but has , to date, not been ratified by the U.S. Senate.[2] Instead, these issues have been subjects of many proposed, and some adopted, federal statutes.

This FDR speech thus implicitly recognized that the U.S. Declaration of Independence did not attempt to set forth a complete list of “unalienable rights” as of July 4, 1776, nor did it foreclose subsequent articulation of additional unalienable rights.

Reactions to Professor Patterson

I was baffled by Patterson’s assertion that freedom was a tripartite idea: (1) Individuals are free to make choices and do what they want to do; (2) individuals are free to exercise power to influence other people; and (3) individuals are free to share in the collective power of groups. In addition, Patterson said, in the western world freedom is one of the principal values of civilization due to Christianity.

Freedom, Patterson said, has no claim to equality, and elites have opposed rights held by the masses. Moreover, although Patterson retains great love and respect for the concept of freedom, he thinks it is a mistake for the West to proclaim it to the world and try to convert others into showing similar reverence. Rhetorically speaking, rights are more effective tools to achieve similar ends.”

Frankly, I do not see how Patterson’s comments have any impact on the unalienable rights discussion. I invite others to help me understand this presentation.

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[1] President Franklin D. Roosevelt’s State of the Union Address (Jan. 11, 1944); Second Bill of Rights, Wikipedia.

[2] Multilateral Human Rights Treaties Signed, But Not Ratified, by U.S., dwkcommentaries.com (Feb. 12, 2013)..