Latest U.S. Reports on International Religious Freedom

Annually the U.S. Department of State, pursuant to statutory authorization, releases a report on the status of religious freedom in every country in the world.[1] In addition, the quasi-independent U.S. Commission on International Religious Freedom releases annual reports on the same subject for selected countries.[2]

It should be noted at the outset that these two agencies are not seeking to impose on the rest of the world the U.S. constitutional prohibition of the “establishment of religion” or of “abridging the free exercise [of religion].” [3] Instead the agencies reports rely upon this definition of the freedom in the Universal Declaration of Human Rights: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.” Similar provisions are found in several multilateral human rights treaties.[4]

The post will review the latest State Department report on this subject for all 194 other countries in the world and the Commission’s latest report on 29 countries plus one large region (Western Europe).[5]

Latest State Department Report

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After emphasizing the importance of religious freedom, the State Department’s May 20, 2013, report “tells stories of courage and conviction, but also recounts violence, restriction, and abuse. While many nations uphold, respect, and protect religious freedom, regrettably, in many other nations, governments do not protect this basic right; subject members of religious minorities to violence; actively restrict citizens’ religious freedom through oppressive laws and regulations; stand by while members of societal groups attack their fellow citizens out of religious hatred, and fail to hold those responsible for such violence accountable for their actions.”

The report continues.”The immediate challenge is to protect members of religious minorities. The ongoing challenge is to address the root causes that lead to limits on religious freedom. These causes include impunity for violations of religious freedom and an absence of the rule of law, or uneven enforcement of existing laws; introduction of laws restricting religious freedom; societal intolerance, including anti-Semitism and lack of respect for religious diversity; and perceptions that national security and stability are best maintained by placing restrictions on and abusing religious freedom.”

Highlighted for concern by the report were “[l]aws and policies that impede the freedom of individuals to choose a faith, practice a faith, change their religion, tell others about their religious beliefs and practices, or reject religion altogether remain pervasive. Numerous governments imposed such undue and inappropriate restrictions on religious groups and abused their members, in some cases as part of formal government law and practice.” Another concern was the “use of blasphemy and apostasy laws.” They “continued to be a significant problem, as was the continued proliferation of such laws around the world. Such laws often violate freedoms of religion and expression and often are applied in a discriminatory manner.”

The report documented “a continued global increase in anti-Semitism. Holocaust denial and glorification remained troubling themes, and opposition to Israeli policy at times was used to promote or justify blatant anti-Semitism. When political leaders condoned anti-Semitism, it set the tone for its persistence and growth in countries around the world. Of great concern were expressions of anti-Semitism by government officials, by religious leaders, and by the media.”

According to the report, “Governments that repress freedom of religion and freedom of expression typically create a climate of intolerance and impunity that emboldens those who foment hatred and violence within society. Government policy that denies citizens the freedom to discuss, debate, practice, and pass on their faith as they see fit also undercuts society’s ability to counter and combat the biased and warped interpretations of religion that violent extremists propagate. Societal intolerance increased in many regions during 2012.”

Finally the report said, “Governments exacerbated religious tensions within society through discriminatory laws and rhetoric, fomenting violence, fostering a climate of impunity, and failing to ensure the rule of law. In several instances of communal attacks on members of religious minorities and their property, police reportedly arrested the victims of such attacks, and NGOs alleged that there were instances in which police protected the attackers rather than the victims. As a result, government officials were not the only ones to commit abuses with impunity. Impunity for actions committed by individuals and groups within society was often a corollary of government impunity.”

The report also acknowledged the Department’s statutory obligation to designate “Countries of Particular Concern (CPCs), i.e., those countries that are considered to commit “particularly severe violations of religious freedom,” and whose records call for the U.S. government to take certain actions under the terms of the Act. The term ‘‘particularly severe violations of religious freedom’’ means systematic, ongoing, egregious violations of religious freedom, including violations such as: (a) torture or cruel, inhuman, or degrading treatment or punishment; (b) prolonged detention without charges; (c) causing the disappearance of persons by the abduction or clandestine detention of those persons; or (d) other flagrant denial of the right to life, liberty, or the security of persons.”

Accordingly the report re-designated the following eight countries as CPCs: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Uzbekistan.[6]

Latest Commission Report

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

In its latest report, issued on April 30, 2013, the following 15 countries were so designated: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Ubekistan (all of which had been designated as “Countries of Particular Concern” (CPC) by the State Department the prior year) plus Egypt, Iraq, Nigeria, Pakistan, Tajikistan, Turkmenistan and Vietnam.

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

The latest report designated the following eight countries as Tier 2: Afghanistan, Azerbaijan, Cuba, India, Indonesia, Kazakhstan, Laos and Russia.[7]

The latest report also discussed six other countries (Bahrain, Bangladesh, Belarus, Ethiopia, Turkey and Venezuela and one region (Western Europe) that it monitored during the year. At first glance the monitoring of Western Europe seems anomalous, but here are the topics of concern to the Commission:

  • Restrictions on religious dress (full-face veils) in France and Belgium.
  • Failure in Sweden, Luxembourg, Switzerland, Poland, Norway and Iceland to exempt religious slaughter of animals from laws requiring prior stunning of the animals.
  • Suggestions in Germany and Norway that religious circumcisions of male children were illegal.
  • Restrictions on construction of Islamic minarets in Switzerland, and the lack of an official mosque in Athens, Greece.
  • “Incitement to hatred” and other laws in almost all European states that can be used to restrict expression of religious beliefs.
  • Reluctance in many European states to provide accommodation of religious objections to generally applicable laws.
  • Measures in France, Austria, Belgium and Germany against religious groups perjoratively characterized as “cults” or “sects.”
  • Societal intolerance, discrimination and violence based on religion or belief such as towards Muslim women with full-face veils, Jewish people and Jehovah’s Witnesses.

It should also be noted that the Commission sometimes takes an adversarial position vis-à-vis the U.S. State Department. For example, on April 30, 2013, when the Commission released its latest report, its simultaneous press release recommended that the Department designate as “Countries of Particular Concern” the seven additional countries the Commission had placed in Tier 1 as noted above.

When the Department failed to do so in its May 20th report, the next day the Commission issued a press release criticizing the Department for failure to make additional CPC designations since August 2011 and to do so for the same seven additional countries.

Conclusion

Because of my personal interest in Cuba, including its religious freedom, a subsequent post will compare and contrast the two reports regarding that country.

Such a comparison, in my opinion, will show that the State Department’s reports are more balanced and fair at least with respect to Cuba.


[2]  Id. § § 202, 205. The fascinating structure and composition of the Commission will be the subject of a future post.

[3]  U.S. Const., First Amend.

[5] A prior post examined the prior State Department report.

[6] The State Department report noted that it considers the recommendations of the Commission on CPCs, but that the Secretary of State makes the final decision on that issue. The Department’s report thereby implicitly rejected the Commission’s recommendation for an additional seven countries to be so designated.

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

 

Cuban Blogger Obtains Cuban Passport and Plans Trip to Latin America, North America and Europe

YoaniSanchez

From her home in Havana, Cuba, Yoani Sanchez has been courageously blogging her critical comments on many aspects of life in her country as noted in a prior post.

In January 2013, under Cuban’s new law granting Cubans increased ability to obtain passports, she received her Cuban passport. She was overjoyed by this development after she had been denied a passport 20 times over the last five years.

Upon receiving the great news that she would obtain a passport, she bravely said in her blog:

  • She intends to “continue ‘pushing the limits’ of reform, to experience first hand how far the willingness to change really goes. To transcend national frontiers I will make no concessions. If the Yoani Sánchez that I am cannot travel, I am not going to metamorphose myself into someone else to do it. Nor, once abroad, will I disguise my opinions so they will let me ‘leave again’ or to please certain ears, nor will I take refuge in silence about that for which they can refuse to let me return. I will say what I think of my country and of the absence of freedoms we Cubans suffer. No passport will function as a gag for me, no trip as bait.”
  • “These particulars clarified, I am preparing the itinerary for my stay outside of Cuba. I hope to be able to participate in numerous events that will help me grow professionally and civically, to answer questions, to clarify details of the smear campaigns that have been launched against me… and in my absence. I will visit those places that once invited me, when the will of a few wouldn’t let me come; I will navigate the Internet like one obsessed, and once again climb mountains I haven’t seen for nearly ten years. But what I am most passionate about is that I am going to meet many of you, my readers. I have the first symptoms of this anxiety; the butterflies in my stomach provoked by the proximity of the unknown, and the waking up in the middle of the night asking myself, what will you look like, sound like? And me? Will I be as you imagine me?”

On February 17th she plans a worldwide tour visiting Latin American (Brazil, Argentina, Chile, Peru, Colombia and Mexico), North America (U.S. and Canada) and Europe (Italy, Czech Republic, Poland, Switzerland and Germany).

I pray that there will not be any last minute move by the Cuban government to block her leaving the island. I look forward to her comments on Cuba during her visits to these countries.

Yoani, congratulations and God Speed on your journey!

Positive Developments for Improved U.S.-Cuba Relations

Two recent developments implicitly have endorsed my strong suggestion for the U.S. to rescind its designation of Cuba as a “State Sponsor of Terrorism” and to seek reconciliation with Cuba.

Colombia-FARC Negotiations

President Juan Manuel Santos

Over the last week the President of Colombia, Juan Manuel Santos, has announced that this October his government will enter into new negotiations with the Revolutionary Armed Forces of Colombia (FARC) seeking to end their long civil war.

Santos said that holding such talks is well worth the risk of failure because an end to the conflict would not only would end bloodletting, but also bring a “peace dividend” of up to 2% additional economic growth a year to the country’s economy.

The initial negotiations will take place in Norway and then move to Havana, Cuba. The President said that support for such negotiations by Venezuela and Cuba has been crucial in helping the two sides to reach agreement on conducting the negotiations.

Cuba’s role in this positive development for Colombia and the whole western hemisphere shows the absurdity of the U.S. designation of Cuba as a “State Sponsor of Terrorism” on the ground, in part, that some members of the FARC have been living in Cuba.

Former President Carter Calls for Improved U.S.- Cuba Relations

Jimmy Carter

 

On September 6th, former President Jimmy Carter said the next U.S. president should act forcefully to improve relations with Cuba. He also called for Cuba to be removed from the U.S. State Department’s list of state sponsors of terrorism.

 

 

Letter to President Obama Regarding Cuba

On August 13, 2012, I sent the following letter regarding Cuba to U.S. President Barack Obama.[1]

Many of the United States’ policies regarding Cuba are not in our national interest and should be changed. I write specifically about (1) the U.S. embargo of Cuba, (2) the U.S. designation of Cuba as a “State Sponsor of Terrorism,” (3) the U.S. denigration of religious freedom on the island and (4) our refusal to enter into negotiations with Cuba on the broad range of issues that have accumulated since the Cuban Revolution of 1959 without Cuba’s satisfying various U.S. preconditions.

1. U.S. Embargo of Cuba

The U.S. embargo of Cuba, in my opinion, is an out-of-date relic of the days of U.S. hostility toward, and fear of, the Cuban Revolution. Today Cuba poses no serious threat to the U.S. Cuba’s regrettable human rights violations are understandable and could be more successfully addressed in bilateral negotiations. Normalizing relations, including rescinding the embargo, would be in the economic interest of the U.S. by creating export and investment opportunities for U.S. businesses. Moreover, ending the embargo would be in the overall interests of the U.S., especially with respect to our relations with other countries in the Western Hemisphere. This is examined more fully in my blog posts: “The U.S. Should Pursue Reconciliation with Cuba,” (May 21, 2001); and “U.N. General Assembly Again Condemns  U.S. Embargo of Cuba,” (Oct. 25, 2011),

The U.S. should end its embargo of Cuba.

2. U.S. Designation of Cuba as a “State Sponsor of Terrorism”

The U.S. State Department’s Country Reports on Terrorism 2011 (July 31, 2012), assert two grounds for designating Cuba as a “State Sponsor:” (a) its being an alleged safe haven for certain ETA and FARC terrorists and U.S. fugitives; and (b) its alleged financial system deficiencies relating to money laundering and financing of terrorism.

Neither ground withstands serious analysis as shown by my blog posts: “Yet Another Ridiculous U.S. Designation of Cuba as a State Sponsor of Terrorism,” (Aug. 7, 2012) and “Additional Thoughts on the Ridiculous U.S. Designation of Cuba as a “State Sponsor of Terrorism,” (Aug. 9, 2012).

The U.S. should rescind this designation.

3. U.S. Denigration of Cuban Religious Freedom

The U.S. State Department’s 2011 Report on International Religious Freedom (July 30, 2012), had many positive things to say about the status of this important freedom in Cuba in 2011 that is confirmed by my personal experience with the subject. The report also has certain negative comments on the subject with which I do not disagree.

The resulting question, I believe, is “Is the glass half empty or half full?” I believe it is more than half full of this important freedom. The U.S. needs to remember that Cuban society and history is very different from the U.S. and humbly recognize that those differences do not mean that its religious freedom is fundamentally flawed.

My real complaint here is with the U.S. Commission on International Religious Freedom’s unrealistic overstatement of the negative aspects of Cuban religious freedom and its continued placement of Cuba on its Watch List.

My views on this subject are fully explained in my blog posts, “Cuban Religious Freedom According to the Latest U.S. Report on International Religious Freedom,” (Aug. 3, 2012) and “The Cuban Revolution and Religion,” (Dec. 30, 2011).

The U.S. should cease denigrating Cuban religious freedom and instead explore through respectful bilateral negotiations whether there are ways for the U.S. to assist Cuba in further expansion of such freedom on the island.

4.  U.S. Negotiations with Cuba

In addition to the issues discussed in this letter, there are many others that need discussion, negotiation and resolution. They include Cuban compensation for expropriated property in the Cuban Revolution, enhancement of human rights on the island, emigration and immigration between the two countries, the status of Cuba’s lease of Guantanamo Bay to the U.S., the continued U.S. imprisonment of four of the so called “Cuban Five,” Cuba’s continued imprisonment of Alan Gross, the status of U.S. fugitives in Cuba, exploration and drilling for oil in the Caribbean Sea between the two counties, Cuba’s re-entry into the Organization of American States and re-establishment of full diplomatic relations.

Perhaps such negotiations would be assisted by having the two countries agree to the appointment of a respected international mediator/conciliator to supervise the negotiations.

Cuba repeatedly has said that it is willing to engage in respectful negotiations with the U.S. on all issues. Most recently on July 26th (Revolution Day marking the 59th anniversary of the Cuban uprising against former President Batista), Cuban President Raul Castro in a public speech reiterated his country’s willingness to engage in negotiations with the U.S. as equals. He said no topic was off limits, including U.S. concerns about democracy, freedom of the press and human rights in Cuba so as long as the U.S. was prepared to hear Cuba’s own complaints. (Assoc. Press, Cuban president Raúl Castro willing to hold no-limits talks with America, Guardian (July 26, 2012); Assoc. Press, Cuba–An Impromptu Invitation, N.Y. Times (July 27, 2012).)

The U.S. should accept Cuba’s offer to engage in broad-scale negotiations over all issues between the two countries.


[1] Copies of the letter were sent to Hillary Rodham Clinton, United States Secretary of State; David Benjamin, United States Ambassador-at-Large and Coordinator for Counterterrorism; Suzan Johnson Cook, United States Ambassador-at-Large for International Religious Freedom; Dr. Katrina Lantos Swett, Chair, United States Commission on International Religious Freedom; John F. Kerry, United States Senator and Chairman of the Senate Foreign Relations Committee; Amy Klobuchar, United States Senator from Minnesota; Al Franken United States Senator from Minnesota; and Keith Ellison, United States Representative from Minneapolis, Minnesota.

Additional Thoughts About the Ridiculous U.S. Designation of Cuba as a “State Sponsor of Terrorism”

A prior post discussed the July 31, 2012 U.S. report on international terrorism that was followed by another post with an extensive analysis of what I believe to be the ridiculous U.S. designation of Cuba as a “State Sponsor of Terrorism.”

At least one of the Cuban-Americans in Congress, however, strongly defends that designation.

U.S. Rep. Ileana Ros-Lehtinen (Republican of Miami, Florida), Chairman of the House Foreign Affairs Committee, said this designation “reaffirms . . . [Cuba’s] threat to our national security. The Castro brothers are well known for their avid and long-term support for radical insurgent groups throughout Latin America, including their close ties to fellow despots in Iran, Syria, and Sudan who are also state sponsors of terrorism.” She continued, “It is disconcerting that this Administration is hell-bent on engaging the dictators in Havana despite its own reports illustrating the threat posed by the Castro regime. These thugs in Cuba have never and will never respond to friendly diplomatic gestures and continue to work to spread their anti-American propaganda worldwide.” She urged “President Obama to realize the failure of his Cuba policy and to stop appeasing the Castro brothers. It has not worked and it will not work. The suffering of an entire nation demands a change of course.”

Representative Ros-Lehtinen’s comments, I submit, are not persuasive for the reasons provided in the prior post.

Moreover, the U.S. population of 313.8 million is over 28 times larger than Cuba’s of 11.1 million. Our Gross Domestic Product (purchasing power) of $ 15.3 trillion is 134 times as large as Cuba’s of $114.1 billion. Our annual defense expenditures of $703 billion (purchasing power) is over 134 times larger than Cuba’s of $ 4.3 billion, and Cuba’s military equipment suffers from lack of replacement parts while we all know about U.S. military capabilities’ exceeding the rest of the world combined. And our land mass is over 88 times larger than Cuba’s (9,827,000 sq. km. vs. 111,000 sq. km.). (These comparisons are based on public statistics published by our CIA.)

Cuba is not a threat to U.S. national security. Congresswoman Ros-Lehtinen, your saying so does not make it so.

The Congresswoman’s comments, however, do underscore the political problems associated with rescinding the designation of Cuba as a “State Sponsor.” In a presidential election year in which the State of Florida is an important factor, the conventional political wisdom is that Cuban-Americans in Florida are very important to the election results in that state and that they (like their Congresswoman) support harsh measures against Cuba. Although there are signs that many younger Cuban-Americans in Florida and elsewhere do not agree with such harsh measures, it certainly would be more politically difficult this year for the Obama Administration to rescind the “State Sponsor” designation of Cuba.

Such a decision is made even more difficult by provisions of Section 6 (j) (4) of the Export Administration Act (50 U.S.C. § 2405(j)(4)) that impose restrictions on any Administration’s rescission of any such designation:

  • The President may rescind such a designation by submitting a report to Congress certifying that there has been a fundamental change in the leadership and policies of the country’s government, that its government is not supporting acts of international terrorism and that its government is providing assurances that it will not support such acts in the future.
  • Alternatively the President may rescind such a designation by submitting a report to Congress, at least 45 days in advance, justifying the rescission and certifying that the government has not provided any support for international terrorism during the preceding six-months and has provided assurances that it will not support such acts in the future.

If Congress disagrees with the President’s decision to remove a country from the list, of course, it could seek to block the rescission through legislation.

Perhaps this blog’s previous fact-based analysis of the absurdity of the continuation of the Cuba designation is beside the point. Perhaps the continuation is yet another sign of the dysfunctionality of the U.S. Government.

 

 

 

 

 

 

 

 

 

 

 

Yet Another Ridiculous U.S. Designation of Cuba as a “State Sponsor of Terrorism”

On July 31, 2012, the U.S. Department of State issued its annual report on terrorism in the world: Country Reports on Terrorism 2011. A prior post reviewed the report as a whole.

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Cuba Flag

We now examine this report‘s designation of Cuba as a “State Sponsor of Terrorism,” i.e., as a country that has “repeatedly provided support for acts of international terrorism.” This post’s analysis is also informed by the previous U.S. reports on terrorism for 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009 and 2010.[1] Earlier posts analyzed and criticized the reports for 2009 and 2010.

Preliminarily I note that the latest report says that 480 of the 10,283 terrorist attacks in 2011 occurred in the Western Hemisphere and that “the vast majority of . . . [these] were ascribed to the Revolutionary Armed Forces of Colombia (FARC).” There is no mention of Cuba in this statistical summary.

Nor is there any mention of Cuba in the latest report’s “Strategic Assessment” that puts all of its discussion into a worldwide context. Instead this section of the report highlights the death of Osama bin Laden and other top leaders of al-Qa’ida as putting its “network on a path of decline that will be difficult to reverse.” Others specifically mentioned in this Assessment were Iran, terrorists groups in South-Asia, the Kurdistan Workers Party in Turkey, anarchists in Greece and Italy, dissident Republican groups in Northern Ireland and Anders Behring Breivik (the Norwegian right-wing extremist who killed 77 people last July).

Cuba As an Alleged Safe Haven for Terrorists 

The first stated basis for designating Cuba as a “State Sponsor of Terrorism” is its allegedly providing safe havens to individuals associated with two U.S.-designated Terrorist Organizations–Spain’s Basque Fatherland and Liberty (ETA) and the Revolutionary Armed Forces of Colombia (FARC)–and to certain fugitives from U.S. criminal proceedings. Here are direct quotations of the report on these points:

  • “Current and former members of . . . ETA continue to reside in Cuba. Three suspected ETA members were arrested in Venezuela and deported back to Cuba in September 2011 after sailing from Cuba. One of them, Jose Ignacio Echarte, is a fugitive from Spanish law and was also believed to have ties” to the FARC.
  • “Press reporting indicated that the Cuban government provided medical care and political assistance to the FARC.”
  • “The Cuban government continued to permit fugitives wanted in the United States to reside in Cuba and also provided support such as housing, food ration books, and medical care for these individuals.”

Before we examine some details about these charges, it must be said that the speciousness of this charge about ETA and FARC is shown by the latest U.S. terrorism report itself. It has a separate chapter on the legitimate international problem of terrorist safe havens as “ungoverned, under-governed, or ill-governed physical areas where terrorists are able to organize, plan, raise funds, communicate, recruit, train, transit, and operate in relative security because of inadequate governance capacity, political will, or both.” The report then identifies such havens in different parts of the world. For the Western Hemisphere, it discusses Colombia, Venezuela and the Tri-Border Area (where Argentina, Brazil and Paraguay come together). But there is no mention whatsoever of Cuba.

Earlier U.S. reports provide another reason for discounting these charges. They admit that “Cuba no longer supports armed struggle in Latin America and other parts of the world” (1996, 1997, 1998, 2008, 2009 reports) and that there was no evidence that Cuba had sponsored specific acts of terrorism (1996, 1997 reports). They also report that in 2001(after 9/11) Cuba “signed all 12 UN counterterrorism conventions as well as the Ibero-American declaration on terrorism” (2001, 2002, 2003 reports).

Let us now examine details about each of these specific assertions about alleged safe haven which have been made by the U.S. since at least 1996.

1. ETA

The weakness of the U.S. charge regarding ETA implicitly is admitted by the latest report itself when it states there “was no indication that the Cuban government provided weapons or paramilitary training for” ETA.  Similar admissions were made in the U.S. reports for 2005 (“no information concerning terrorist activities of [ETA] on Cuban territory”); 2008 (“no evidence of . . . terrorist financing activities”); 2009 (“no evidence of direct financial support”); 2010 (“no evidence of direct financial or ongoing material support”).

In addition, the latest U.S. report adds that there is evidence”[suggesting ] that the Cuban government [in 2011] was trying to distance itself from ETA members living on the island by employing tactics such as not providing services including travel documents to some of them.”

Earlier U.S. reports also reflect the limited nature of this charge. There allegedly were only 20 ETA members living in Cuba (2001 report), some of whom may be there in connection with peace negotiations with Spain (2009 report). In May 2003, Cuba publicly asserted that the “presence of ETA members in Cuba arose from a request for assistance by Spain and Panama and that the issue is a bilateral matter between Cuba and Spain” (2003 report). In March 2010 Cuba “allowed Spanish Police to travel to Cuba to confirm the presence of suspected ETA members” (2010 report).

Moreover, in March 2011 the Spanish Ambassador to Cuba told former U.S. President Jimmy Carter that Spain was “not concerned about the presence of members of . . .  ETA . . . in Cuba.” Indeed, the Ambassador maintained that this enhances his country’s ability to deal more effectively with ETA.  In fact, the Ambassador added, some ETA members are there at the request of the Spanish government.

2. FARC

Again the new U.S. report implicitly admits the weakness of its FARC allegations by the report’s stating there “was no indication that the Cuban government provided weapons or paramilitary training for” FARC.  Similar admissions were made in the U.S. reports for 2005 (“no information concerning terrorist activities of [FARC] on Cuban territory”); 2008 (“no evidence of . . . terrorist financing activities”); 2009 (“no evidence of direct financial support”); 2010 (“no evidence of direct financial or ongoing material support”).

In addition, the 2008 report said in July of that year “former Cuban President Fidel Castro called on the FARC to release the hostages they were holding without preconditions. He has also condemned the FARC’s mistreatment of captives and of their abduction of civilian politicians who had no role in the armed conflict.”

There is no indication in the reports of the number of FARC members allegedly in Cuba, but some may be there in connection with peace negotiations with Colombia (2009 report).

Moreover, in March 2011 the Colombian Ambassador to Cuba told former U.S. President Jimmy Carter that Colombia was “not concerned about the presence of members of FARC . . . in Cuba.” Indeed, the Ambassador maintained that this enhances their ability to deal more effectively with FARC.

3. U.S. fugitives

There apparently were or are over 70 individuals living in Cuba who are fugitives from criminal charges in U.S. relating to violent acts in the 1970’s purportedly committed to advance political causes, but pursuant to a 2005 Cuban government statement, no additional U.S. fugitives have been permitted on the island. In a few instances Cuba has extradited such fugitives to the U.S. (2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009 reports).

None of these fugitives apparently is affiliated with U.S.-designated terrorist organizations. The issue of whether or not they will be extradited to the U.S. is an appropriate issue for bilateral negotiations between the two countries. But, in my opinion, it is not a legitimate basis for designating Cuba as a “State Sponsor of Terrorism.”

Cuba’s Alleged Financial System Deficiencies

The other asserted ground in the latest U.S. report for the designation of Cuba as a “State Sponsor of Terrorism” is new.

This other ground is Cuba’s having been identified by the Financial Action Task Force (FATF) as “having strategic AML/CFT [Anti-Money Laundering/Combating the Financing of Terrorism] deficiencies.  Despite sustained and consistent overtures, Cuba has refused to substantively engage directly with the FATF.  It has not committed to FATF standards and it is not a member of a FATF-style regional body.”

According to its website, FATF “is an inter-governmental body established in 1989 by the Ministers of its Member jurisdictions. [Its] . . . objectives . . .  are to set standards and promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the integrity of the international financial system. The FATF is therefore a ‘policy-making body’ which works to generate the necessary political will to bring about national legislative and regulatory reforms in these areas.” Thus, it apparently is a voluntary international organization, not one established by a multilateral treaty.

FATF currently has 34 member jurisdictions (or only about 18% of the U.N. member states) plus 2 regional organizations (the European Council and the Gulf Co-Operation Council) representing most major financial centers in all parts of the globe.

Starting in 1990,”FATF has developed a series of Recommendations that [it claims] are now recognised as the international standard for combating of money laundering and the financing of terrorism and proliferation of weapons of mass destruction. They form the basis for a co-ordinated response to these threats to the integrity of the financial system and help ensure a level playing field. First issued in 1990, the FATF Recommendations were revised in 1996, 2001 [additional measures regarding terrorist financing], 2003 and 2012 to ensure that they remain up to date and relevant, and they are intended to be of universal application.”

To this end, FATF promotes the global adoption and implementation of the FATF Recommendations.

In June 2012 FATF issued a Public Statement that identified Iran and the Democratic Republic of Korea [North Korea] as jurisdictions “subject to a FATF call on its members and other jurisdictions to apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from [these] . . . jurisdictions.”

The June 2012 Statement also listed 18 other countries, including Cuba, as jurisdictions “with strategic AML/CFT deficiencies that have not made sufficient progress in addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies. The FATF calls on its members to consider the risks arising from the deficiencies associated with each jurisdiction.”

The latest U.S. terrorism report made an important concession on this point by noting that in 2011 Cuba “did attend a [FATF] meeting on Money Laundering in South America meeting as a guest and prepared an informal document describing its anti-money laundering/counterterrorist financing system.” But this U.S. concession did not go far enough, for the June 2012 FATF Statement said, “Since February 2012 Cuba has officially engaged with the FATF and has also attended [the meetings of the relevant regional organizations] CFATF [Caribbean Financial Action Task Force] and GAFISUD [Financial Action Task Force on Money Laundering in Latin America] . . . . The FATF urges Cuba to continue its engagement with the FATF, and to work with the FATF to develop and agree on an action plan in order to implement an AML/CFT regime in line with international standards.”

I assume that the issues being addressed by the FATF are important ones for the international community and that its Recommendations are reasonable ones to address the real problems of money laundering and financing of terrorism. I also assume that the Cuban financial system is not as sophisticated as those in the U.S. and other international money centers and that it along with at least 17 other countries that are not “State Sponsors of Terrorism” is not in compliance with the FATF Recommendations.

But these facts, in my opinion, do not support designating Cuba as a “State Sponsor of Terrorism.” If it were, then the 17 other countries on the two FATF lists should be added to the U.S. list of “State Sponsors of Terrorism.” (Of the 20 countries on the two FATF lists, only Iran, Syria and Cuba are now U.S.-designated “State Sponsors.”)

Moreover, as noted above, the U.S. terrorism reports have indicated there was no evidence of Cuban financing of terrorism in the covered years. In addition, some of the reports reference Cuban laws permitting the tracking, blocking, or seizing terrorist assets (Cuba’s Law 93 Against Acts of Terrorism and Instruction 19 of the Superintendent of the Cuban Central Bank) (2005, 2006, 2007, 2008 reports). In addition, in its response to this latest U.S. report, Cuba has asserted that it “regularly provides precise, truthful information to the appropriate United Nations bodies charged with addressing these issues and others related to confronting terrorism.”

The whole FATF issue raised in the U.S. terrorism report, in my opinion, is a “red herring.”

Conclusion

In summary, the U.S. designation of Cuba as a “State Sponsor of Terrorism” is ridiculous. This conclusion is shared, in less colorful language, at least by the U.S. Central Intelligence Agency; the U.S. Council on Foreign Relations; the Center for International Policy; the Latin American Working Group; the Center for Democracy in the Americas; The Atlantic magazine’s national correspondent (Jeffrey Goldberg) and a retired U.S. Army Brigadier General (John Adams).

Not surprisingly the Cuban government comes to the same conclusion. It says “the only reason Cuba is kept on this list is exposed as an attempt to justify the U.S. blockade of our country, as well as the adoption of new measures to limit our financial and commercial transactions, to strangle the Cuban economy and impose a regime which responds to U.S. interests.”

Whatever legitimate issues are raised by these U.S. reports, I submit, are appropriate subjects, among many, for the bilateral negotiations that a prior post recommended should occur between the U.S. and Cuba to the end of reconciliation and restoration of normal relations. As Cuba pointed out after this U.S. report was released, Cuba repeatedly has proposed that the two countries “agree upon a bilateral program to confront terrorism,” but the U.S. government has not responded.

More generally, Cuban President Raul Castro on July 26, 2012 (the 59th anniversary of the Cuban Revolution) reiterated his country’s willingness to engage in negotiations with the U.S. as equals. He said no topic was off limits, including U.S. concerns about democracy, freedom of the press and human rights in Cuba so as long as the U.S. was prepared to hear Cuba’s own complaints. In response the U.S. repeated its prior position: before there could be meaningful talks, Cuba had to institute democratic reforms, respect human rights and release Alan Gross, an American detained in Cuba.

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[1] Cuba has been so designated since March 1982.The U.S. terrorism reports listed above are those that are accessible on the U.S. State Department’s website. I would appreciate detailed comments from anyone with knowledge about the reports for 1982-1995 although they are less relevant due to the passage of time.

The Latest U.S. Report on International Terrorism

 On July 31, 2012, the U.S. Department of State issued its latest annual report on terrorism in the world: Country Reports on Terrorism 2011. This post will review the report as a whole.

This report was submitted in compliance with 22 U.S.C. § 2656f, which defines “terrorism” for this purpose as ” premeditated, politically motivated violence perpetrated against non-combatant targets by subnational groups or clandestine agents” while the term  “international terrorism” means “terrorism involving citizens or the territory of more than one country.”

The report included the following statistics on terrorists attack during the year:

Area Number of Attacks
Near East & South Asia    7,721
Africa       978
Europe & Eurasia       561
East Asia & Pacific       543
Western Hemisphere       480
     TOTAL   10,283

The report’s “Strategic Assessment ” section puts all of this into a worldwide context. It highlights the death of Osama bin Laden and other top leaders of al-Qa’ida as putting its “network on a path of decline that will be difficult to reverse.” However, its affiliated groups around the world increased their impact. Iran was also criticized for its lethal support of terrorism in Iraq and Palestine. Others specifically mentioned in this Assessment were certain terrorist groups in South-Asia, the Kurdistan Workers Party in Turkey, anarchists in Greece and Italy, dissident Republican groups in Northern Ireland and Anders Behring Breivik (the Norwegian right-wing extremist who killed 77 people last July).

The statutory authorization of this report requires the Department of State to identify countries that have “repeatedly provided support for acts of international terrorism” as “State Sponsors of Terrorism.” This year the following four countries were so designated: Iran, Sudan, Syria and Cuba. A subsequent post will examine this designation of Cuba.

A wide range of sanctions may be imposed as a result of a State Sponsor of Terrorism designation, including: (a) a ban on arms-related exports and sales; (b) controls over exports of dual-use items, requiring 30-day Congressional notification for goods or services that could significantly enhance the terrorist-list country’s military capability or ability to support terrorism: (c) prohibitions on economic assistance; and (d) imposition of miscellaneous financial and other restrictions.