U.S. Authorizes U.S. Litigation Against Entities on Cuba Restricted List

On January 16, 2019, U.S. Secretary of State Mike Pompeo extended for 45 days the right to bring certain lawsuits in U.S. federal courts  by Americans who owned property in Cuba that was confiscated by its government. The stated reasons for this 45-day extension, instead of the long-standing practice of granting six-month extensions was to “permit us to conduct a careful review of the right to bring action under Title III [of the Helms-Burton or LIBERTAD Act] in light of the national interests of the United States and efforts to expedite a transition to democracy in Cuba and include factors such as the Cuban regime’s brutal oppression of human rights and fundamental freedoms and its indefensible support for increasingly authoritarian and corrupt regimes in Venezuela and Nicaragua.”  [1]

Secretary Pompeo’s New Statement [2]

On March 3, Secretary Pompeo issued another statement on this subject with two parts.

The first part granted “an additional suspension for 30 days through April 17, 2019, of the right to bring an action under Title III [of this federal statute as] necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.” with the below exception. Beginning March 19, suspension shall not apply to:

The second part of this statement, however, contained an exception to this further suspension. Beginning March 19, this suspension will not apply to the “right to bring an action against a Cuban entity or sub-entity identified by name on the State Department’s List of Restricted Entities and Sub-entities Associated with Cuba (known as the Cuba Restricted List), as may be updated from time to time.” This exception protects, for now any foreign firm from such U.S. litigation.

The Cuba Restricted List [3]

This statement explained that the “Cuba Restricted List identifies entities and sub-entities under the control of Cuban military, intelligence, or security services. These security services are directly responsible for the repression of the Cuban people. We encourage any person doing business in Cuba to reconsider whether they are trafficking in confiscated property and abetting the Cuban dictatorship.”

The first such Restricted List was promulgated by the State Department in November 2017,, with a list of 180 entities and subentities that the Department had determined were owned or controlled by “the large military-run corporations that dominate the Cuban economy. These include GAESA and CIMEX, the holding companies that control most retail business on the island; Gaviota, the largest tourism company; and Habaguanex, the firm that runs Old Havana.

This list was amplified on November 14,  2018, with the addition of 26 subentities. According to the State Department, “direct financial transactions [by U.S. nationals] with these entities are generally prohibited because they would disproportionately benefit those entities or personnel at the expense of the Cuban people or private enterprise in Cuba.”

Cuba’s Reaction  [4]

Also on March 4 the Cuba’s foreign Ministry issued the following lengthy rejection of this U.S. move:

  • “The Ministry of Foreign Affairs rejects in the strongest terms the new escalation in the US aggressive behavior against Cuba.”
  • “Since its entry into force in 1996, the Helms-Burton Act has sought to universalize the economic blockade through brutal and illegal pressures exerted by the United States against third countries, their governments and companies.  It is intended to suffocate the Cuban economy and generate or increase shortages among the population with the purpose of imposing in Cuba a government that serves the interests of the US.”
  • “Given the illegitimate character of the goals they pursue, which are contrary to International Law, the Helms-Burton Act and the blockade arouse universal rejection, which has been reiterated for almost three decades at the most important regional and international fora.  The most recent example of that was the United Nations General Assembly meeting held on November 1, [2018] when said policy was rejected through 10 consecutive votes, thus leaving the US in complete isolation.”
  • “Title II of the Helms-Burton Act states that the overthrowing of the revolutionary government, the subsequent tutelage by a US intervenor and the ultimate establishment of a counterrevolutionary government subordinated to Washington would unequivocally pursue the return or compensation to former owners for all the properties they or their descendants might claim, regardless of whether or not they were US citizens at the moment when nationalizations took place or the fact that they abandoned them. During all that period, the economic blockade would continue to be fully implemented.”
  • “Consequently, Cubans would be forced to return, reimburse or pay to US claimants for the house where they live, the area on which their communities are built, the arable land  where they farm  their products, the school where their children are educated, the hospital or polyclinic where  they receive medical assistance, the place where their workplace is located or where they have a private business, and also for subsidized services such as electricity, water, and communications enjoyed by the population.”
  • “This is an aspiration that can only be conceived by the minds of those who identify Cuba s a colonial possession.  According to the Helms-Burton Act, the economic blockade would be lifted only when that ambition is fulfilled.”
  • “This law relies on two fundamental lies: the notion that nationalizations carried out soon after the triumph of the Revolutionary were illegitimate or inappropriate and that Cuba is a threat to the US national security.”
  • “Cuban nationalizations were carried out in accordance with the law, strictly abiding by the Constitution and in conformity with International Law. All nationalizations included processes of fair and appropriate compensation, something that the US government refused to consider.  Cuba reached and honored global compensation agreements with other nations which are today investing in Cuba, such as Spain, Switzerland, Canada, United Kingdom, Germany and France.”
  • The real threat against regional peace and security are the irresponsible declarations and actions of the US government as well as the destabilizing plans against Latin America and the Caribbean aimed at pursuing the stated purpose of imposing the Monroe Doctrine.”
  • [Cuba’s] Reaffirmation of   Cuban Dignity and Sovereignty Act of December 24, 1996, states that the Helms-Burton Act is illegal, inapplicable and has no legal value or effect whatsoever. It considers null and void any claim under that law by any natural or juridical person.”
  • “According to that [Cuban] law, claims for compensation for nationalized properties could be part of a process of negotiation on the based on equality, mutual respect between the governments of Cuba and the United States, and be “reviewed together with the indemnifications the Cuban State and people are entitled to as a result of the damages caused by the blockade and   aggressions of every sort, of which the US government is responsible”. It also makes it clear that those who resort to procedures or mechanisms under the Helms-Burton Act to the detriment of others shall be excluded from possible future negotiations.”
  • “The Cuban Government reiterates to all economic partners and foreign companies operating in Cuba that full guarantees will be granted to foreign investments and joint projects. Article 28 of the Cuban Constitution, which was ratified by an overwhelming majority on February 24, 2019, also recognizes those guarantees, which are also included in [Cuban] Law No. 118 on Foreign Investments of March 29, 2014.”
  • “Today’s [U.S.] decision imposes additional obstacles to our economic development and progress goals, but the United States will keep on failing to achieve its main purpose of submitting by force the sovereign will of Cubans and our determination to build socialism. The majority feelings of the peoples of Cuba and the United States in favor of improving relations and establishing a civilized and respectful coexistence shall prevail.”

Other Reactions

John Bolton, U.S. National Security Advisor commented the same day in the following tweet: “Cuba’s role in usurping democracy and fomenting repression in Venezuela is clear. That’s why the U.S. will continue to tighten financial restrictions on Cuba’s military and intel services. The region’s democracies should condemn the Cuba regime.”

Senator Marco Rubio (Rep., FL) had a similar tweet: “Today expect the United States to take the first in a series of steps to hold the regime in #Cuba accountable for its 60 years of crimes & illegality which includes its support for the murderous #MaduroCrimeFamily. Justice is coming. And more to come.”

Rubio also joined with U.S. Senator Rick Scott (Rep., FL) and U.S. Representative Mario Diaz-Balart (Rep., FL) in issuing the following lengthier statement supporting this Trump Administration move. [5]

Senator Rubio made the initial comments of the Press Release,“‘President Trump is sending a strong message that the United States will not sit idly by while the Cuban regime continues to support the Maduro crime family at the expense of the Venezuelan people,’ Rubio said. ‘For 60 years, the Cuban regime has forced millions into exile, destabilized neighboring countries, given safe harbor to fugitives from justice and to international terrorists, and made millions trafficking in stolen property. By beginning the process of implementing Title III of the Helms-Burton Libertad Act, the United States is holding the Cuban regime accountable for its crimes, including its support for the murderous Maduro crime family. Justice is coming — and it is just getting started.’”

Senator Scott added, “The Administration’s plan to fully and immediately implement Title III and IV of the Libertad Act signals to the international community that the United States is serious about its commitment to freedom and democracy in Cuba. Allowing American citizens to sue for stolen property in Cuba and denying foreign nationals involved in trafficking stolen property entry into the United States is a huge step toward cutting off the money supply to the Castro Regime. It is clear that where we see instability, chaos and violence in Latin America, we also see the fingerprints of the Castro regime and their money – and this action by the administration is an important step in stabilizing the entire region. President Trump’s strong action on the Libertad Act will further hold the Cuban regime accountable. I urge him to continue with the planned implementation this month so we can help begin a new day of freedom and democracy for Cuba and its people.”

Representative Diaz-Balart stated, “Today, the Trump Administration took another important step toward righting some of the wrongs perpetrated by a dictatorship that brutally oppresses its people and opposes U.S. interests at every opportunity. Shamefully, for nearly twenty-two years since the LIBERTAD Act’s enactment, unscrupulous businesses have ignored this important provision in U.S. law and have chosen to partner with tyrants. This is just the first action of many regarding the Administration’s actions on Title III. Justice for the victims of the Castro regime’s confiscations is long overdue. Years of consecutive extensions may have lulled some into a false sense of impunity. Yet now companies which willingly entangle themselves in partnerships with the anti-American, illegitimate, and oppressive regime in Cuba are on notice that they will be held responsible for their part in callously benefiting from the extensive losses suffered by victims of the regime. I will continue to work with the Administration, Senator Rubio, and my congressional colleagues to ensure the United States continues to pressure the Castro regime and move forward with the full implementation of Title III.”

 Conclusion

This U.S. announcement may have only symbolic significance.

First, according to the Associated Press, “virtually none of the businesses [on the State Department’s Cuba Restricted List has] . . . any links to the U.S. legal or financial systems, meaning the ability to sue [in the U.S.] is unlikely to have any effect on the Cuban economy or foreign businesses that work with the socialist government.” In lawyer’s language, any lawsuit in a U.S. court against an entity on the Cuba Restricted List should be subject to a very strong objection for lack of personal jurisdiction over the Cuban entity, meaning any such case very likely would be dismissed at the commencement of the case. [6]

Second, another potential defense to a U.S. lawsuit might be sovereign immunity.

Third, it would be insane for any U.S. claimant to sue any of the Cuban entities in a Cuban court, which would throw out any such case and perhaps impose some penalty on the claimant for bringing such a case.

Fourth, if any of the Cuban entities are present in other countries of the world, a lawsuit there by a U.S. claimant presumably would not be subject to a lack of personal jurisdiction defense, but other defenses might be available plus other countries’ possible hostility to the overall purposes of the Helms-Burton Act and U.S. policies towards Cuba.

Finally Cuba correctly observes that it recognizes that it has an international legal obligation to compensate foreign owners of expropriated property and that it has settled many (all?) such claims by non-U.S. persons. Moreover, under the U.S.-Cuba rapprochement in 2015-16 the two counties had discussions about the U.S. claims although the details have not been publicly released. A major impediment to such a negotiated settlement is Cuba’s lack of financial resources for such payments. Therefore, this blogger has suggested in another post that the only realistic result is for the two countries to reach an overall settlement, including Cuba’s claims against the U..S., which would have the net effect of the U.S. government’s paying the U.S. claims for expropriated property,   =================================

[1] Update on Trump Administration’s Threat To Allow U.S. Litigation Over Cuba’s Expropriated Property, dwkcommentaries.com (Jan. 30, 2019).

[2] State Dep’t, Secretary Enacts 30-Day Suspension of Title III (LIBERTAD Act) With an Exception (Mar. 3, 2019); Reuters, Foreign Partners Excluded From U.S. Lawsuits Against Cuban Firms: Official, N.Y. times (Mar. 4, 2019). 

[3] New Restrictions on U.S. Travel to Cuba and Transactions with Certain Cuban Entities, dwkcommentaries.com (Nov. 8, 2017);More Cuban Businesses Forbidden to U.S. Visitors, dwkcommentaries.com (Nov. 16, 2018).

[4] Cuba Foreign Ministry, Declaration of the Ministry of Foreign Affairs: Cuba Strongly Rejects New Aggressive Escalation by the United States (Mar. 4, 2019).

[5] Press Release: Rubio, Scott, & Diaz-Balart Commend Trump Administration’s Decision to Hold the Communist Cuban Regime Accountable for Crimes (Mar. 4, 2019).

[6] Assoc. Press, Trump Symbolically Tightens Embargo on Cuba, N.Y. Times (Mar. 4, 2019). See The Personal Jurisdiction Requirement for Civil Lawsuits in U.S. Courts, dwkcommentaries.com (Aug. 8, 2011).

U.S. Announces Suspension of Military Aid to Cameroon

On February 6 the U.S. State Department announced that the U.S. was suspending some military aid to the West African country of Cameroon. The U.S. had terminated a C-130 aircraft training program; halted deliveries of four defender boats, nine armored vehicles and an upgrade of a Cessna aircraft for Cameroon’s rapid intervention battalion; and withdrawn its offer for Cameroon to be part of the State Partnership Program. “For the time being, other programs will continue,” a State Department official said.

The reason for this action was concern over alleged human rights abuses by the country’s security forces. The State Department said, ‘We do not take these measures lightly, but we will not shirk from reducing assistance further if evolving conditions require it. We emphasize that it is in Cameroon’s interest to show greater transparency in investigating credible allegations of gross violations of human rights security forces, particularly in the Northwest, Southwest, and Far North Regions.”

The U.S. decision comes after videos circulated online last year showing Cameroonian security forces shooting and killing civilians, including women with small children strapped to their backs. The videos were documented by Amnesty International and global media outlets.

The top U.S. diplomat for Africa, Tibor Nagy, said in December that he feared the separatist crisis could get “much, much” worse and warned against a “brutal response” to extremism, saying it could lead to radicalization. Cameroon also faces a deadly threat from fighters with the Boko Haram extremist group based in neighboring Nigeria.

The United Nations has said some 430,000 people in Cameroon’s Southwest and Northwest regions have fled the fighting between security forces and English-speaking separatists who seek independence from the largely French-speaking country.

Reactions

There was no immediate comment from Cameroon’s government on the U.S. action. In recent months, however, it has ordered investigations into some of the alleged abuses and some people have been arrested.

The U.S. Ambassador to Cameroon, Rene Emmanuel Barlerin, on February 7 said,”We are not going to stop security cooperation with Cameroon. We have our differences, Cameroon is a sovereign country and the United States is a sovereign country,” after meeting with Cameroon’s government. The Ambassador added, “Relations between Cameroon and the United States are excellent and longstanding and we aim to continue that relationship.”

Also on February 7, at a U.S.  Senate Committee on Armed Services hearing, Gen. Thomas Waldhauser, commander of U.S. Africa Command, said Cameroon has “been a good partner with us counterterrorism-wise, but you can’t neglect the fact that . . . there are alleged atrocities.” The General also testified that last October, before Cameroon’s widely contested presidential elections, he and the U.S. ambassador to the country had “a very direct conversation” with its President Paul Biya about investigations into alleged atrocities and “appropriate battlefield behavior. We were very emphatic with President Biya that the behavior of his troops, the lack of transparency could have a significant impact on our ability to work with them.” 

Commander Candice Tresch, a spokeswoman for the Pentagon, noted, “the U.S. government does not provide assistance to security force units or individuals where we have credible information that the unit committed a gross violation of human rights.We have informed the Cameroonian government that lack of progress and clarity about actions undertaken by the government in response to credible information of gross violations of human rights could result in a broader suspension of U.S. assistance.”

France, which administered what has become the Francophone region of Cameroon under a mandate from the League of Nations after World War I until the early 1950’s, said it would not follow the U.S. suspension of military aid to the country’s government. A French Foreign ministry spokeswoman Agnes von der Muhll said, ”France is bound by a defense partnership agreement that it conducts according to the international standards. In accordance with international humanitarian law and the law of armed conflict, this cooperation is also intended to help Cameroon’s defense and security forces combat terrorism, especially against Boko Haram in the north of the country, while protecting the people. This cooperation continues.”

This French position may be influenced by its significant business interests in its former colony and by its reliance on Cameroon to fight against Islamist militants. France, therefore, has been careful not to overly criticize the government’s handling of the crisis. It has urged the Cameroonian government to engage in dialogue to stop an escalation in violence.

Amnesty International (AI) supported the U.S. decision and urged the U.S. to suspend all security assistance “until the Cameroonian government can show it has not been utilized to commit serious violations of international law and persons responsible have been held accountable.” AI also AI also called on the Trump administration to press other donors to review their assistance to Cameroon and insist on reforms.

Conclusion

As demonstrated by several earlier posts, this blogger fully supports the U.S. decision and urges other countries and international organizations, including the United Nations and the African Union, to take actions supporting increased pressures on the Cameroon government to stop its harassment, persecution and killings of Anglophones in its country.

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

Assoc. Press, US Cuts Military aid to Cameroon Over Human Rights Concerns, N.Y. Times (Feb. 6, 2019); Reuters, U.S. Halts Some Cameroon Military Assistance Over Human Rights: Official, N.Y. Times (Feb. 6, 2019); Reuters, France Says to Continue Military Cooperation with Cameroon, N.Y. Times (Feb. 7, 2019); Moki, US ambassador says Cameroon relations good despite aid cut, Wash. Post (Feb. 6, 2019);  O’Grady, U.S. cuts some military assistance to Cameroon, citing allegations of human rights violations, Wash. Post (Feb. 7, 2019). 

U.S. Urges U.N. Security Council To Reject Venezuela’s Maduro and Embrace Guaido

On January 26 the U.N. Security Council met to debate action on the crisis in Venezuela.[1]

U.S. Secretary of State Mike Pompeo, after giving examples of the despair of ordinary Venezuelans, asserted that the U.S. was there “ to urge all nations to support the democratic aspirations of the Venezuelan people as they try to free themselves from former President Maduro’s illegitimate mafia state. . . .The humanitarian situation demands action now; it demands action today.”

As a result, the U.S. “ stands with the Venezuelan people. So far, many other nations have chosen to do the same and they too have recognized the legitimate government of interim President Guaidó. The United States stands proudly with you as we stand together in support of Venezuela. You knew the Venezuelan people did not have a moment to spare.”

After criticizing China and Russia for supporting Maduro, Pompeo said, “But no regime has done more to sustain the nightmarish condition of the Venezuelan people than the regime in Havana. For years, Cuban security and intelligence thugs, invited into Venezuela by Maduro himself and those around him, have sustained this illegitimate rule. They have trained Maduro’s security and intelligence henchmen in Cuba’s own worst practices. Cuba’s interior ministry even provides a former – provides former President Maduro’s personal security. Members of this body often use their microphones here to condemn foreign interference in internal affairs. Let’s be crystal clear: the foreign power meddling in Venezuela today is Cuba. Cuba has directly made matters worse and the United States and our partners are the true friends of the Venezuelan people.” (Emphasis added.)

Elliott Abrams, the new U.S. Special Envoy for Venezuela, following Secretary Pompeo, noted that every criticism [of the U.S.] came from a country that is not democratic. And he accused Venezuela of being a “satellite” of Cuba and Russia. “This is not about foreign intervention in Venezuela,. It is not an attempt to impose a result on the Venezuelan people. Democracy never needs to be imposed. It is tyranny that has to be imposed.”

The ambassadors of Russia and China, both permanent members of the Security Council with veto power, said they considered the political and humanitarian crisis in Venezuela an internal matter and urged the United States to stop meddling. The Russian ambassador said, “If anything represents a threat to peace and security, it is the shameless and aggressive actions of the United States and their allies to oust a legitimately elected president of Venezuela.” The U.S., he said, was trying “to engineer a coup d’etat in Venezuela.”

Venezuelan Foreign Minister Jorge Arreaza then took a personal swipe at Abrams, noting that he had pleaded guilty to lying to Congress about the Reagan administration’s support for contra rebels fighting the government in Nicaragua,

UN Under Secretary-General of Political and Peacebuilding, Rosemary DiCarlo, made a logical, but unpersuasive suggestion: “We must try to help bring about a political solution that will allow the country’s citizens to enjoy peace, prosperity and all their human rights,”  This essentially reiterated the plea earlier in the week by U.N. Secretary-General, Antonio Guterres  urging all parties to “lower tensions and calling for all relevant actors to commit to inclusive and credible political dialogue. Concerned by reports of casualties in the context of demonstrations and unrest in and around the capital Caracas, the UN chief also called for a transparent and independent investigation of those incidents.

The Security Council, however, took no vote on the situation in Venezuela under the threat of vetoes by permanent members Russia and China. This was presaged by the vote to consider the Venezuela crisis: nine in favor (Belgium, Dominican Republic, France, Germany, Kuwait, Peru, Poland, United Kingdom, United States) to four against (China, Equatorial Guinea, Russian Federation, South Africa) with two abstentions (Côte d’Ivoire, Indonesia).

The next day, January 27, U.S. National Security Advisor, John Bolton, tweeted, “ “Any violence and intimidation against U.S. diplomatic personnel, Venezuela’s democratic leader, Juan Guiado (sic), or the National Assembly itself would represent a grave assault on the rule of law and will be met with a significant response,” Bolton also noted Cuba’s support for Venezuelan leader Nicolas Maduro’s paramilitary forces.

Other Commentary[2]

After the Council’s meeting, Cuba Foreign Secretary, Bruno Rodriguez, tweeted, “”I categorically reject slanderous accusations against #Cuba from the US Secretary of State in the Security Council of @ONU_es. His assault on #Venezuela constitutionality, orchestrated from Washington, will fail despite the lies.” Another of his tweets stated, “Secretary of State slanders Cuba to justify a coup against the constitutional power in #Venezuela. Washington designed, financed and managed the alleged usurpation of the Venezuelan Presidency,” The U.S. was doing so “”on the basis of unfounded accusations, false data and masking role of his Government in orchestrating that assault on regional peace. ”

In addition to the above developments,  the U.K. joined the U.S., Germany, France and Spain in backing  Guaidó. The U.K. Foreign Secretary Jeremy Hunt, said, ““After banning opposition candidates, ballot box stuffing and counting irregularities in a deeply-flawed election it is clear Nicolás Maduro is not the legitimate leader of Venezuela.”  Therefore, the U.K. would recognize Guaidó as the legitimate president unless Maduro within the next eight days called for a new election. [3]

Bret Stephens, a conservative columnist for the New York Times, claims that “every sensible observer agrees that Latin America’s once-richest country, sitting atop the world’s largest proven oil reserves, is an economic basket case, a humanitarian disaster, and a dictatorship whose demise cannot come soon enough.” Moreover, he argues, “Twenty years of socialism . . . led to the ruin of a nation.” In short, according to Stephens, “Why does socialism never work? Because, as Margaret Thatcher explained, ‘eventually you run out of other people’s money.’”[4]

All of these developments pose many questions to ponder as we go forward or backward.

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

 

 

[1]  Brokaw, Pompeo confronts U.N. Security Council on Venezuela, UPI (Jan. 26, 20190; State Dep’t, [{Pompeo] Remarks at United Nations Security Council Meeting on Venezuela (Jan. 26, 2019); U.N., UN political chief  calls for dialogue to ease tensions in Venezuela; Security Council divided over path to end crisis (Jan. 26, 209); Reuters, White House Promises “Significant Response’ to Any Venezuelan Violence, N.Y. Times (Jan. 27, 2019).

[2]  Cuban Foreign Minister rejects accusation by the United States against Cuba, Granma (Jan. 26, 2019); Semple, With Spies and Other Operatives, A Nation Looms Over Venezuela’s Crisis: Cuba, N.Y. Times (Jan. 26, 2019); Baker & Wong, On Venezuela, Rubio Assumes U.S. Role of Ouster in Chief, N.Y. Times (Jan. 26, 2019); Morelio, Pompeo presses U.N. Security Council to ‘pick a side’ in Venezuela’s crisis, Wash. Post (Jan. 26, 2019).

[3] Doward, UK tells Venezuelan president: call fair election or stand down, Guardian (Jan. 26, 2019).

[4] Stephens, Yes, Venezuela Ia a Socialist Catastrophe, N.Y. Times (Jan. 25, 2019).

U.N. Security Council Discusses Cameroon’s Anglophone-Francophone Conflict

On December 13, the United Nations Security Council heard reports from two U.N. officials about various issues in the Central African Region, including the Anglophone-Francophone conflict in Cameroon. Two of the 15 Council members (the United States and the United Kingdom) expressed the strongest concern about that conflict; eight others had varying degrees of alarm (Sweden, Netherlands, France, Côte d’Ivoire, Equatorial Guinea, Poland, Kuwait and Bolivia). Only one (Russia) had hostile or skeptical remarks while four others () apparently had nothing to say on the matter. [1]

U.N. Officials’ Reports

François Louncény Fall, Special Representative of the Secretary‑General and Head of the United Nations Regional Office for Central Africa (UNOCA), expressed “concern over the situation in the north-west and south-west regions of Cameroon.” He said that “violence has not diminished and there are reports of alleged human rights violations by all sides.” Recalling his November visit to Cameroon and his meetings with key Government officials, he encouraged the national authorities to address the root causes of the crisis, including by accelerating decentralization.

Reena Ghelani, Director of the Operations and Advocacy Division in the Office for the Coordination of Humanitarian Affairs (OCHA), noted  that internal displacement has tripled in Cameroon’s south‑west and north‑west regions in the past six months and that the situation amounts to one of the fastest growing displacement crises in Africa.  Noting with great concern the deteriorating protection of civilians in those regions, she said humanitarian partners are scaling up their presence despite limited access.  However, severe underfunding has a significant impact on their ability to respond, she added, pointing out that every single humanitarian response plan in Central Africa was funded at less than the global average in 2018, Cameroon being the least funded.  Calling upon Member States for support, she stressed that the situation must change for the humanitarian response to be fully effective.

Ms. Ghelani emphasized the majority of the internally displaced Cameroonians “are hiding in dense forests, without adequate shelter and lacking food, water and basic services. Schools and markets are also disrupted and there are alarming health needs.” She also expressed “great concern [over] the deteriorating situation with respect to the protection of civilians, including reported killings, burning of homes and villages, extortion and kidnappings in the South West and North West regions [along with ]multiple attacks on schools and threats to students and teachers.”

Council Members’ Strongest Statements,of Concern About Cameroon

The two strongest statement of concern over the Anglophone-Francophone dispute at this session of the Council came from U.S. Ambassador Jonathan Cohen, the U.S. Deputy Permanent Representative to the United Nations, and U.K. Ambassador Jonathan Allen, the .U.K. Deputy Permanent Representative to the U.N.

U.S. Ambassador Cohen’s Statement

“The security and humanitarian conditions in Cameroon’s northwest and southwest regions have significantly deteriorated since the last UNOCA briefing to the Security Council in June. Violence continues to escalate, obstructing vital humanitarian aid delivery to over 430,000 IDPs [Internally Displaced Persons] and blocking health and education services to rural children.”

“October was the most violent month on record in Cameroon in recent years, and judging from anecdotal reports, we fear that November will surpass October as the bloodiest month on record. We don’t want to see that horrible trend continue again this month, December. The violence must stop now.”

“Violence between government and Anglophone separatists has resulted in killings and abductions of civilians, including a U.S. missionary who was killed on October 30. Faced with mounting insecurity, tens of thousands of Cameroonians have fled to neighboring Nigeria, as we’ve heard, while hundreds of thousands have been internally displaced and need humanitarian assistance.”

“The stakes in Cameroon are too high for this crisis to continue unaddressed. Cameroon remains an essential security partner in the fight against Boko Haram and the Islamic State in West Africa, including as a member of the Multi-National Joint Task Force. The continuing crisis threatens to detract from our mutual security objectives in the Lake Chad Basin.”

The “United States calls for an immediate and broad-based reconciliatory dialogue, without pre-conditions, between the Government of Cameroon and separatists in the Northwest and Southwest Regions. We urge all sides to forswear violence, to restore peace, and to resolve their grievances through political dialogue.”

“We note that in his inaugural address on November 6, President Biya expressed confidence that ‘there is an honorable way out in everyone’s interest.’  We encourage President Biya to make good on his commitment to accelerate the decentralization process and adopt the recommendations of the Cameroonian Commission on Bilingualism and Multiculturalism.”

“The creation of a government-led humanitarian assistance coordination center is a promising development. However, the government has done little to address concerns over its own lack of respect for humanitarian principles of neutrality and impartiality and the guarantees of unhindered access to conflict-affected populations. We urge the Government of Cameroon to prioritize respect for humanitarian principles and to ensure unobstructed access for UN agencies and humanitarian NGOs assisting conflict-affected populations.”

The ”United States believes that UNOCA – through the good offices of Special Representative Fall – could provide technical assistance and mediation support to facilitate a broad-based reconciliatory dialogue without pre-conditions. We hope that ECCAS [Economic Community of Central African States], the [African Union (AU’s] Peace and Security Council, and the AU Commission will enhance their efforts to support the peace process, and we encourage them to coordinate with UNOCA in this effort.”

“A peaceful and stable Cameroon is critical to regional stability in Central Africa and both deserves and requires the continued and close attention of this Council. As noted by our Assistant Secretary of State for African Affairs last week, the last thing we need, given the challenges in the region, is for a disproportionate response by security forces to result in the growing radicalization and hardening of separatist groups.”[2]

U.K. Ambassador Allen’s Statement

The “United Kingdom recognises the many positive contributions Cameroon is making to stability in the region, including their continued commitment to the fight against Boko Haram and the sanctuary that Cameroon offers to refugees from Nigeria and the Central African Republic. However, we are concerned by the reality of the rapidly deteriorating security and humanitarian situation in the Northwest and Southwest regions of Cameroon.”

“In particular, we are concerned about high levels of displacement and take very seriously Reena Ghelani’s warning that this is now one of the fastest growing displacement crises in Africa and reports of human rights violations and abuses perpetrated by armed separatist groups and Government forces, including extra-judicial killings, other killings, abductions, restrictions of movement and access to health and education as described in the Secretary-General’s report. We must always be alert, colleagues, to the risk that the situation escalates, affecting the broader peace and stability of the Central African region, and we have already seen over 30,000 Cameroonians flee into Nigeria. If grievances are not addressed, tensions are likely to increase further.”

“[These] concerns are not new – I raised them in the Council’s discussions in March, as did others. Unfortunately, we have not seen the action needed to address the situation and since March, it has deteriorated further.”

  • “We welcome President Biya’s recent pledge to address the situation but words alone will not improve things. We strongly urge the Government of Cameroon to take urgent action, including by:actively addressing the situation through inclusive dialogue with the Anglophone leadership to address the underlying issues;
  • undertaking confidence-building measures in order to diffuse tensions and build conditions for dialogue. This includes the release of political detainees, and implementing the Government’s own commitments on decentralisation, and the recommendations of the Commission on Bilingualism;
  • allowing full humanitarian access and access to human rights monitors to all parts of the country – and I would also hope and expect that our own SRSG would have access wherever he wanted to go; and
  • ensuring accountability for all those responsible for human rights violations and abuses.”

“And clearly . . . we also call on the armed groups involved to cease their attacks on civilians, allow full humanitarian access, and access to human rights monitors, and to engage with the Government on these issues.”

“The UK, for its part, is committed to supporting Cameroon and I am pleased to announce today that the United Kingdom is contributing $3.1 million to the UN’s response in the Anglophone regions – that’s equivalent to 20% of this year’s flash appeal for the Anglophone crisis – to address immediate humanitarian and medical needs. We strongly encourage other Member States to fund this as an important part of the conflict prevention effort. Preventing a crisis costs significantly less than resolving one.”

“[We] have raised our concerns quietly so far and directly with the Government and we are committed to working with the Government of Cameroon in every way we can to help resolve this situation. But I fear, unless action is taken and the situation improves, concern over the situation in Cameroon is likely to increase amongst Security Council Members and become a more prominent part of our discussions.

Other Council Members’ Statements of Concern About the Cameroon Conflict

Olof Skoog (Sweden) “deplored the acute humanitarian situation [in Cameroon] and the massive displacement in the north‑west and south‑west regions, noting reports of abductions and extrajudicial killings.  The crisis may drive regional instability, affecting the fight against terrorism in the Lake Chad Basin and peace-building in the Central African Republic, he warned, urging all parties to end the violence immediately.  He encouraged the Government of Cameroon to seek support from the United Nations and regional actors.

Lise Gregoire Van Haaren (Netherlands) noted that indiscriminate violence by the army and armed groups in Cameroon has displaced more than 437,000 people and risks spilling over into the wider region.  Expressing support for the country’s territorial integrity, she called upon the Government of Cameroon to begin meaningful, inclusive dialogue with all parties, including female representatives.  Human rights violations by all parties must be investigated and perpetrators held to account, she emphasized.

Anne Gueguen (France) expressed alarm at the situation in parts of Cameroon and pledged further efforts to encourage the Government to foster dialogue, decentralize power and hold violators of human rights accountable.  However, the U.N. summary did not indicate any comments by France directed at the actions of the Francophone majority in Cameroon.

Kacou Houadja Lkéon Adom (Côte d’Ivoire, a former French colony)), Council President for December, discussed the threat of Boko Haram and its devastating repercussions, especially for children and women in Cameroon, Chad and Niger. He apparently said nothing about the Anglophone-Francophone conflict.

Anatolio Ndong Mba (Equatorial Guinea) appealed for greater international support for dialogue and political stability in neighboring Cameroon.

Pawel Radomski (Poland) called upon the authorities in Cameroon to engage mediation efforts and resolve the crisis in its western region.

Mansour Ayyad Sh. A. Alotaibi (Kuwait) expressed concern about the deteriorating humanitarian situation in Cameroon.

Verónica Cordova Soria (Bolivia) affirmed [Cameroon] Government’s primary role in tackling challenges through inclusive dialogue.

Russia’s Negative Statement About Cameroon’s Conflict

Dimitry A. Polyanskiy (Russian Federation) said the available information with respect to Cameroon was “contradictory, emphasizing that the Council must not take any hasty decisions.  Citing concerns over rights violations in that country, he expressed hope that ‘London and Washington will adopt equally principled positions on the rights of Russian speakers in the Balkans and Ukraine.’ Underlining the importance of not breaching the line between prevention and intervention, he expressed his country’s willingness to offer assistance if Cameroon deems it necessary.

.Conclusion

 It is important to remember that at this session there was no resolution for any U.N. action to be taken regarding Cameroon.

Was it mere happenstance or an attempt to counter some of the talk at the Security Council that on the same day, December 13, the Cameroon government announced that it had ordered the country’s military tribunal to stop legal proceedings against 289 people who had been accused of taking part in the separatist movement? The announcement said that President Biya “had listened to the people” in making this decision to “maintain the country as a peace heaven.” [3]

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

[1] U.N., Special Representative  Stresses Need for New Strategies to Tackle root Causes of Insurgency, as Security Council Considers  Situation in Central Africa (Dec. 13, 2018); U.S. Mission to U.N., Remarks at a UN Security Council Briefing on the Central African Region (Dec. 13, 2018); U.K. Mission to U.N., Preventing further conflict in Cameroon and the Lake Chad Basin (Dec. 13, 2018); Assoc. Press, US Demands Immediate End to Violence, Talks in Cameroon, N.Y. Times (Dec. 13, 2018).

[2] See U.S. Warns Cameroon Internal Conflict Could Get Much Worse, dwkcommentaries.com (Dec. 8, 2018).

[3] Assoc. Press, Cameroon Leader Halts Cases Against 289  Alleged Separatists, N.Y. Times (Dec. 13, 2018).

Cameroon’s Human Rights Record Being Subjected to Universal Periodic Review by U.N. Human Rights Council: The UPR Hearing                    

This year Cameroon’s human rights record is the subject of its third  Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. Prior posts reviewed the nature of the UPR process and the pre-hearing papers for this UPR. Now we review Cameroon’s May 16 UPR hearing with a focus on the various comments made about the current conflict between the majority Francophones and the minority Anglophones.[1]

This hearing was limited to 3 ½ hours (210 minutes) and each of the 76 countries was limited to 1 minute 25 seconds (85 seconds).

Cameroon Government’s Comments

The Cameroon Government opened the hearing with comments by H.E. Mr. Mbella Mbella, its Minister of Foreign Affairs.

Near the end of his remarks, he said, “The social crisis in the North-West and South-West (Anglophone regions) began at the end of 2015 with strikes of lawyers and teachers. In response the government created the National Commission of Bilingualism and Multiculturalism to protect and ensure the balance of security and freedom.”

Earlier he laboriously discussed the process of preparing this national report, the implementation of recommendations from the prior UPR, the ratification of various human rights treaties, the adoption of the National Plan for the Promotion and Protection of Human Rights and the records of prosecutions and convictions for violations of human rights.

U.N.  Members’ Comments

There were 76 governments that made comments at the hearing (32 of whom were also Human Rights Council members plus 44 other U.N. members). Most of the comments and recommendations concerned Cameroon’s ratifying and enforcing various international human rights treaties, protecting the rights of children, women and LGBTQ people and other topics.

However, only the following 14 countries specifically addressed the current conflict between the Francophone-Anglophone communities:

  • Australia. Concerned about “recent violence between Cameroon security forces and protesting minority groups in [its] South-West and North-West [regions].” Recommends Cameroon “lift unnecessary restrictions on freedom of assembly, investigate alleged excessive use of force in disbursing demonstrators and assure arrested protestors receive fair trials.”
  • Austria. Concerned about “deterioration of the situation of the communities in the Anglophone regions of the country.” Recommended “ending the practice of secret detentions and ensure that no one is detained in a secret site, including unregistered military detention sites.” Recommended Cameroon “engage in a dialogue at the policy level with representatives of the Anglophone communities so as to identify appropriate measures to adequately respond to the violence affecting the South-West and North-West regions.”
  • Belgium. Concerned about “repressive approach in the Anglophone regions of Cameroon that runs the risk of exacerbating violent tendencies when there is a need for dialogue.” Recommended that Cameroon “take appropriate measures to ensure that the security forces act in compliance with laws and international human rights standards, conduct “independent and transparent inquiries on allegations of excessive use of force and bring perpetrators to justice.”
  • Canada.. Expressed “condolences to families of victims of violence… especially … as a result of tensions linked to claims of Anglophone community in North-West and South-West. Recommended that Cameroon “engage in sustained dialogue with representatives of the Anglophone community in North-West and South-West so as to provide consensus-based solutions while upholding human rights.”
  • Chile. Concerned with “general crime environment that exists in the English-speaking areas of the country as well as the accepted use of force against protestors in these regions.”
  • Czech Republic. Recommended “investigation of alleged torture and other ill treatment of other detained persons and incommunicado detainees.” Recommended “recognition of the right of citizens to express their views in dealing with programs of the English-speaking provinces.”
  • Germany. Concerned about reports of “violations of freedom of press and assembly, especially in the English-speaking areas of the country.”
  • Haiti. Recommended “effective implementation of the official Bilingualism Policy in consultation with all stakeholders to ensure equal treatment of the English-speaking minority.”
  • Honduras. Recommended “effective implementation of the Bilingualism Policy so as to ensure the English-speaking population does not suffer discrimination in employment, education and access to legal services.”
  • Republic of Korea. Recommended that Cameroon “redouble its efforts for the full and effective implementation of the official bilingual policy and ensure that the Anglophone minority are not subject to inequality in access to public services, administration of justice and freedom of speech. “
  • Slovakia. Concerned by “reports of human rights violations and abuses such as arbitrary arrest and extrajudicial executions by government forces and armed forces against members of the country’s Anglophone minority.”
  • Switzerland. Concerned by “violations of fundamental freedoms in the framework of the Anglophone crisis and anti-terrorism efforts. Demonstrations have been violently repressed and arbitrary arrests and detentions in difficult conditions have been made. “ Recommended that Cameroon’s “anti-terrorism law be reviewed and amended to ensure it is not used to restrict freedom of expression, association and assembly. “Recommended that “any reported cases of violations or abuses by Cameroon’s security forces are subjected to independent inquiry and prosecution.”
  • United Kingdom. Noted that “the Anglophone crisis has led to violence and disruption to many people and urged the government and all parties to fully respect and guard human rights.” Recommended that the government “allow various international agencies to have access to Anglophone separatists leaders extradited by Nigeria and held incommunicado by Cameroon since January 2018.”
  • United States. U.S. expressed concern overcredible allegations of human rights violations and abuses by security forces.  We call on the government to credibly investigate these allegations and hold those responsible to account.  We are also concerned by reports of harassment and intimidation of youth, civil society, journalists, and opposition leaders, particularly in the Northwest and Southwest Regions, as well as restrictions on the rights of peaceful assembly and freedoms of association and expression.” (Emphases added.)

The U.S. also called on the Cameroon government “to respect the human rights of everyone, including the 47 [Anglophone] Cameroonians forcibly returned from Nigerian custody to Cameroonian authorities in January.  We expect the government of Cameroon to afford all individuals detained all of the rights and protections provided under domestic and international law.” (Emphasis added.)

 Finally the U.S. made these recommendations: “(1) Acknowledge and investigate credible allegations of human rights violations and abuses, and hold those responsible to account.(2) Respect the rights of peaceful assembly, and freedoms of association and expression, including when exercised online, and afford all of those detained all the rights enshrined in Cameroon’s constitution and under international law. (3) Decriminalize consensual same-sex sexual relations and immediately cease targeted discrimination and violence against LGBTI persons.”[2]

It also is noteworthy that France, which governed what is now the Francophone area of Cameroon after World War I until 1960, made comments without saying anything about the current Francophone-Anglophone conflict. Nor did two members of the troika for this UPR—Iraq and South Africa—while the third member of that group—United Kingdom—did as noted above.

Cameroon Government’s Response

At the end of the hearing, Cameroon’s Foreign Minister made a lengthy response to the many comments made by the other countries. He ended those remarks with the following extensive comments about the “Anglophone problem.”

“After World War II, under U.N. supervision, we obtained independence from France and the United Kingdom and created a single country by merging the two colonial states. There were not separate English-speaking and French-speaking countries, and now these linguistic groups have merged and are mixed and cannot be separated.”

“At the end of 2016 there was a corporate clamor by lawyers and teachers’ unions in the South-West and North-West. The government responded to these claims, and now no unions are making claims.”

“Some extremists used the unions claims to question the structure of the state by arguing for federalism. But the Constitution did not permit federalism. Instead the President asked for dialogue. Thus, the Prime Minister and Head of government intervened to conduct dialogue with the North-West and South-West. This resulted in a major decision to create the Commission for Bilingualism and Multiculturalism, which recognized the country was a multi-ethnic state with different linguistic communications.”

“Nevertheless, the extremists continued to commit acts of violence—burning houses, kidnapping, rape and destructive calls for hatred of communities.”

“But there is no Anglophone problem as such. Instead the government is working for some decentralization without giving in to the violence. There has been progress in these efforts. Not all are asking for a separate country.”

“The states in the North-West and South-West maintain law and order and seek to protect the people against abuses and to assure freedom of expression and movement without violence.”

“Some of the protesters have treated law enforcement officers like animals by cutting off their arms and feet. No one will tolerate this.”

“There are no extrajudicial executions.”

“Pursuant to Cameroon’s extradition treaty with Nigeria, Cameroon requested, and Nigeria granted, extradition of 47 Cameroonians who had committed acts of terrorism in Cameroon. They are not refugees. In Cameroon they are properly housed and will answer to the rule of law with assistance of counsel. They were not arbitrarily arrested. Instead they were arrested in Nigeria pursuant to international arrest warrants.”

“There is freedom of expression in Cameroon marked by openness in media. There are 1,200 publications, 25 private television channels, 25 private cable channels and 107 private radio stations. This freedom of expression has been enhanced by a 2015 law about electronic communications and the creation of a special fund for audio-visual communications.”

“In 2017 there was a temporary suspension of the internet in the North-West and South-West due to some messages promoting violence. On April 20, 2017 the Minister of Communications advised global operators to reset connections.”

Conclusion

The final stage of the Cameroon UPR will take place in September 2018, at which time the final report will be presented by the Troika.

The comments about the Francophone-Anglophone conflict by 14 countries and by the Foreign Minister’s concluding comments will be discussed in a future post. Another post will address this blogger’s general reactions to the UPR process that are raised by his review of the recent UPR process for Cameroon and for Cuba.

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[1] U.N. Human Rts. Council,  Cameroon Review—30th Session of Universal Periodic Review (May 16, 2018)  The following quotations and analysis of the comments by the Cameroon Foreign Minister and by U.N. members are based upon listening to their recorded comments in English or translated into English by U.N. interpreters when some of their voices were difficult to hear or understand. Thus, there may be errors in the following account of their comments. The exception is the U.S. which published its comments on the website for the U.S. Mission to the U.N., Geneva.

[2] U.S. Mission, Geneva Switzerland, U.S. Statement at the UPR of Cameroon (May 16, 2018).

 

Cuba’s Universal Periodic Review Hearing by the U.N. Human Rights Council

On May 16, the U.N. Human Rights Council in Geneva, Switzerland held a 210-minute public hearing on its third Universal Periodic Review (UPR) of Cuba’s human rights record. The hearing consisted of Cuba’s report by its Foreign Minister, Bruno Rodriguez, and other Cuban officials; comments and recommendations by 140 countries (50 seconds each for a total of approximately 117 minutes); and responses by the Cuban officials.

Before the hearing,, the Council received Cuba’s human rights report, a summary of U.N. information about Cuba, reports from stakeholders (human rights organizations and others); and advance questions from some U.N. Members. The  224 submissions from stakeholders, for example, included around 17 that said Cuba’s constitutional and legislative framework “guaranteed the enjoyment of all human rights and fundamental freedoms.” The Cuban Human Rights Observatory, and others, on the other hand, said that Cuba had not undertaken any reforms to promote the exercise of political freedoms.[1]

Cuban Government’s Report[2]

From the times of the US military occupation, which severed our independence, under the governments it imposed, 45 per cent of children did not attend schools; 85 per cent of persons lacked running water; farmers lived in abject poverty without ever owning the land they tilled and immigrants were brutally exploited. In Cuba [during those years], workers and farmers had no rights.  Extrajudicial execution, enforced disappearances and torture were recurrent.  Discrimination based on the color of the skin was brutal; poverty was rampant and women and girls were even more excluded.  The dignity of Cubans was tarnished and Cuba’s national culture was trampled upon.” (Emphasis added.)

“The Cuban Revolution led by Commander in Chief Fidel Castro Ruiz transformed that reality and continues to strive to improve the quality of life, wellbeing and social justice for all of our people, thus implementing all human rights. That willingness to protect human dignity, provide equal opportunities and ‘conquer all the justice,’ has remained unchanged and unswerving until today.”

“Our country has continued to take steps to further improve its economic and social development model with the purpose of building a sovereign, independent, socialist, democratic, prosperous and sustainable nation by strengthening the institutional structure of our political system, which is genuinely participatory and enjoys full popular support.”

In accordance with the Constitution, we have continued to strengthen the legal and institutional framework for the protection and promotion of those rights, and we have introduced modifications and proposals adapted to the needs and realities of the Cuban society and international standards. The attention to citizens has been equally improved by means of the expansion of the mechanisms, ways and recourses in the hands of the population to denounce any  infringement of the legal system or their rights; file claims or petitions to the competent authorities; channel up their opinions and concerns and actively participate in the adoption of government decisions.”

The Foreign Minister then provided more details about Cuba’s “protection of the right to life. . .; law enforcement authorities . . . [being] subject to rigorous control processes and popular scrutiny.; . . .There has been no impunity in the very few cases of abuses involving law enforcement agents and officials;” no traffic in firearms; continued strengthening of “people’s participation in government decision-making and the exercise of the freedoms recognized under the Constitution and the law;” increased “effectiveness of the control exercised by all citizens over the activity of state organs, elected representatives and public officials;” advancing “the promotion of the right to full equality; in the struggle against elements of discrimination based on the color of the skin and against women;” and  increasing “support to prevent and cope with manifestations of discrimination based on sexual orientation and gender identity.” He also mentioned increases in numbers of civil society organizations, and said defenders of human rights enjoy government recognition and support.

However, in Cuba, “the legal system cannot be infringed upon or subverted to satisfy a foreign agenda that calls for a change of regime, the constitutional order and the political system that Cubans have freely chosen.  Those who act this way are not worthy of being described as human rights defenders; they rather qualify as agents to the service of a foreign power, according to many western legislations. (Emphasis added.)

Cuba has continued to strengthen its cooperation with the UN mechanisms that take care of these issues. . . We have strictly complied with all  . . . 44 of the 61 international human rights instruments [into which we have entered.]”

“Cuba has continued to promote initiatives at the [U.N.] Human Rights Council and the Third Committee of the UN General Assembly, for the defense of human rights, including the rights to development and peace.  We have consistently opposed every attempt to politically manipulate said bodies; selectivity as well as double standards.”

Likewise, “huge efforts are being made, amid adverse financial conditions, to preserve the purchasing power of salaries and pensions, improve access to food, adequate housing and public transportation, while preserving and even enhancing the quality of universal and free education and public health. No one will ever be left to his or her own fate in Cuba.”

“We cannot but mention our condition as a small island developing country, faced with an unfavorable international economic situation, characterized by the prevalence of irrational and unsustainable patterns of production and consumption; market regulations and non-transparent and less than democratic international financial institutions. Added to this are the adverse effects of climate change and the impact of natural disasters of high intensity on our economy.  Substantial resources should be invested to cope with them. (Emphasis added.)

“The strengthening of the economic, commercial and financial blockade imposed by the United States against Cuba and its extraterritorial implementation causes deprivations and continue to be the main obstacle to the economic and social development of the country.  This unjust policy, which has been rejected by the international community, violates the purposes and principles of the UN Charter and International Law and represents a flagrant, massive and systematic violation of the human rights of our people, thus qualifying as an act of genocide under the Convention for the Prevention and Punishment of the Crime of Genocide of 1948.” (Emphasis added.)

“We demand the return of the territory usurped by the US Naval Base in Guantánamo, where the United States maintains a detention camp in which serious human rights violations and acts of torture are committed.”(Emphasis added.)

“The political and media campaigns against Cuba, which distort our reality, intend to discredit our country and conceal Cuba’s undeniable human rights achievements.“ Emphasis added.)

We are opened to dialogue and will offer all the necessary information based on the respect and objectivity that should characterize this exercise, in which there should be no double standards or politically motivated manipulations, which we will not accept, because, as was expressed by the President of the Council of State and Ministers, Comrade Miguel Díaz-Canel Bermúdez on April 19, “there is no room for a transition that ignores or destroys the legacy of so many years of struggle.  In Cuba, by the decision of the people, there is only room for the continuity of that legacy with the Revolution and the founding generation, without giving up to pressures, without fear and setbacks, always defending our truths and reasons, without ever renouncing sovereignty and independence, development programs and our own dreams.” (Emphasis added.)

Other Countries Comments and Recommendations[3]

During the hearing a total of 339 recommendations, many of which are repetitious, were made. Many countries, especially those friendly with Cuba like Russia and China and developing countries, made no recommendations at all. Others were more critical: members of the European Union (EU), United States, Japan, Canada, but also Mexico, Peru, Costa Rica, Brazil, Chile and Uruguay. Gabriel Salvia, the General Director of the Center for the Opening and Development of Latin America, said, “It is a great step forward for more Latin American countries to point out the human rights situation in Cuba,”

Near the end of this section of the hearing, the U.S.’ 50-seconds were the sharpest against Cuba.[4] Michele Roulbet, the U.S. delegate, said:

  • “The April presidential transition again robbed the Cuban people of any real choice in shaping their country’s future; the same actors are in charge, many just with different titles, selected in a process that was neither free nor fair. The government stacked the system against independent candidates, none of whom were able to run for seats in the National Assembly, which selected the president.”
  • “The Cuban government continues to criminalize independent civil society and severely restricts the freedoms of expression, association, religion or belief and the right of peaceful assembly.  It routinely applies laws to silence journalists and critics, and punishes those working to expand access to information and freedom of expression for those in Cuba.”
  • In an “attempt to silence opposition voices, the government reportedly continues to use arbitrary and politically motivated detentions, torture, harassment, and travel prohibitions.  Recent examples of this include those who attempted to monitor the undemocratic presidential transition; those who have advocated for political change; and those who were prevented from participating in the 2018 Summit of the Americas in Lima and this UPR process.”

The U.S. then made the following three recommendations to Cuba: (1) “Reform its one-party system to allow for genuinely free and fair multi-party elections that provide citizens with real choices [regarding their government. “(2) “Cease the practice of arbitrarily detaining journalists, opposition members, and human rights defenders, including preemptively, and adopt a legal framework that ensures judicial independence.” (3) “Release arbitrarily detained or imprisoned individuals who were detained and imprisoned for peaceful assembly, investigate and report on government activity, or express political dissent, and allow them to travel freely both domestically and internationally.”

About midway through this section, Cuba responded to some of the criticisms. It denied the existence of political prisoners in Cuba, restrictions on the right to strike, or even the obstacles to travel freely, while insisting on the independence of the justice system. Cuban. Foreign Minister Bruno Rodríguez described the alleged dissidents and human rights activists as “agents of a foreign power,” a regular practice of the regime to attempt to discredit opponents.

Cuba’s Closing Comments[5]

Foreign Minister Rodriguez in his final statement at the hearing said, “It is regrettable that certain countries are continuing to manipulate the human rights question for political ends, to justify the embargo on Cuba and ‘regime change.’ hey have no moral authority and on the contrary are the perpetrators of extensive, well documented and unpunished violations of human rights; they ride roughshod over the aims of the Universal Periodic Examination and persist in selectivity, double standards and the politicization of human rights.” (Emphasis added.)

These practices, which in recent years have started to reemerge, discredited the [former U.N.] Commission on Human Rights and prompted its replacement by this Council. We will be on a retrograde path if we allow such deviant practices to be consolidated in the Council’s work. Respectful dialogue reflecting the principles of objectivity, impartiality and non-selectivity; and the respect for each people’s self-determination, its right to decide its own political, economic, social and cultural system, and its development model, are the cornerstone of international cooperation in this area.” (emphasis added.)

A small number of the recommendations have an interventionist character, contrary to the spirit of cooperation and respect on which this exercise is based. One of the recommendations is strange: it is the United States which is prohibiting its citizens from travelling to Cuba and restricts their freedom to travel; it is Washington which is denying Cubans, Cuban families, consular services and visa issue at its embassy in Havana.” [These recommendations will be rejected.] (Emphasis added.)

We are keeping to our “socialist and democratic revolution, with the humble and for the humble” proclaimed by Commander-In-Chief Fidel Castro and inspired by José Martí’s brotherly formula: “With everyone and for the benefit of everyone”.

U.S.-Cuba Subsequent Conflict Over Cuba’s UPR[6]

Immediately after the Geneva hearing, from the U.S. Mission to the U.N. in New York City,  U.S. Ambassador to the U.N., Nikki Haley, issued a statement. It said that the UPR process expects countries “to allow independent civil society organizations to fully and freely participate in their UPR process. However, the Cuban government blocked independent Cuban civil society members from traveling to Geneva to participate in their review process, just as they did last month when they blocked Cuban civil society members from traveling to Peru to participate in the Summit of the Americas.” (Emphasis added.)

Ambassador Haley added, “A country with a human rights record as abysmal as Cuba’s is no stranger to silencing its critics. But the Cuban government can’t silence the United States. We will continue to stand up for the Cuban people and get loud when the Cuban government deprives its people of their human rights and fundamental freedoms and robs them of free, fair, and competitive elections, denying them the opportunity to shape their country’s future.” (Emphasis added.)

Meanwhile the live webcast of the hearing was watched in Miami by some Cuban-Americans, who were gathered at the headquarters of the Cuban Democratic Directorate, whose website says, “Since its inception in 1990, the Cuban Democratic Directorate  has been characterized by a consistent and cohesive strategy for liberty and democracy in Cuba.” The Miami-based Foundation for Human Rights in Cuba, which was established in 1992 “to promote a nonviolent transition to a free and democratic Cuba with zero tolerance for human rights violations,” complained that Cuba had flooded the Office of the U.N. High Commissioner for Human Rights with letters sent by Communist Party organizations, the Cuban Women’s Federation and other organizations affiliated with the government that contained “absurd praise about the Cuban system.”

Remaining Steps in Cuba’s UPR[7]

Following the UPR hearing,  Cuba this September will submit a formal response to the recommendations, and the Working Group then will prepare a draft of the Outcomes Report. This report will provide a summary of the actual discussion, including the questions, comments and recommendations made by States to Cuba, as well as the responses by the Cuban Government.

Such outcome reports are not all that illuminating. For example, the one for Cuba’s prior review in 2013, which probably will be a lot like the one forthcoming for this latest review,[8] contains a summary of the hearing–presentation by Cuba (para. 5-26), interactive dialogue and responses by Cuba (paras. 27-169)—and a mere sequential listing of the repetitive recommendations made by the states at the hearing (paras. 170.1-170.291) although there also is an integrated more useful 45-page “thematic matrix of the recommendations.”

Another document from 2013 set forth Cuba’s views on these conclusions and recommendations and its voluntary commitments. It  listed many recommendations that “enjoy the support of the Government of Cuba;” others that have been noted by the Government; and the following 20 that  did “not enjoy the support of the Government:”

No. Country Recommendation
170.136 Belgium Adopt legislation to improve immigration & relations with Cuban diaspora
170.139 Belgium, Czech Repub., Slovenia Implement legal safeguards to protect human rights defenders, journalists, against abuse of provisions for criminal prosecution & release all political prisoners
179.162 Belgium Amend the Law of Criminal Procedure in order to avoid the cases of indefinite extension of the preliminary investigation
170.171 Romania, Estonia & Hungary Remove restrictions on freedom of expression notably concerning the connection to the Internet; Reconsider all laws that criminalize or restrict the right to freedom of expression & right of internet freedom; Lift restrictions on rights to freedom of expression that are not in accordance with the Universal Declaration of Human Rights; ensure affordable & unhindered access to the internet for all.
179.172 Spain Allow freedoms of expression, association &assembly; allow human rights associations to obtain legal status through inclusive and official registration
170.173 Switzerland Lift restrictions hindering free expression & ensure that human rights defenders & independent journalists are not victims of intimidations or arbitrary prosecutions & detentions
170.174 U.K. & Northern Ireland End measures to restrict freedom of expression & assembly including short-term detentions and use of criminal charges such as “precriminal social dangerousness”, “contempt” and “resistance”
170.175 Ireland Repeal legislation relating to so-called “pre-criminal social dangerousness”
170.176 U.S.A. Eliminate or cease enforcing laws impeding freedom of expression
170.177 France Guarantee freedom of expression & peaceful assembly plus free activity of human rights defenders, independent journalists & political opponents
170.179 Canada Take further measures to improve freedom of expression by allowing for independent media &  improving access to information through public access to internet by taking advantage of the recent investment in the fiber optic network
170.182 Austria Guarantee free, free & independent environment for journalists and ensure that all cases of attacks against them are investigated by independent & impartial bodies
170.183 Netherlands End repression, investigate acts of repudiation & protect all persons who are targets of intimidation or violence
170.184 Poland Liberate immediately & unconditionally all prisoners held in temporary detention or sentenced in connection with exercising their freedom of opinion & expression as well as freedom of assembly & association
170.187 U.S.A. Release Alan Gross and imprisoned journalists such as Jose Antonio Torres immediately. [Gross was released on 12/17/14]
170.188 Australia Stop limitations on civil society activities, including short-term detention of political activists
170,189 Germany Stop harassment, intimidation & arbitrary detention of human rights activities
179.190 Hungary Stop short-term detentions, harassments & other repressive measures against human rights defenders & journalists. Implement legal safeguards to ensure their protection against abuse of provisions for criminal prosecution
170.192 Australia Reduce government influence & control over internet as part of a broader commitment to freedom of expression
170.193 Germany End online censorship

 

The report finally has to be adopted at a plenary session of the Human Rights Council. During the plenary session, the State under review can reply to questions and issues that were not sufficiently addressed during the Working Group and respond to recommendations that were raised by States during the review. Time is also allotted to member and observer States who may wish to express their opinion on the outcome of the review and for stakeholders to make general comments.

Conclusion

After the final adoption of the Outcomes Report, the Council has no authority or power to compel Cuba to do anything. Instead, Cuba “has the primary responsibility to implement the recommendations contained in the final outcome.”

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[1] See these posts to dwkcommentaries.com: Cuba’s Human Rights Record Being Subjected to Universal Periodic Review by U.N. Human Rights Council (April 30, 2018); Advance Questions for Cuba’s Universal Periodic Review by the U.N. Human Rights Council (May 11, 2018).

[2] Cuba Foreign Ministry, Cuba will continue to build an ever freer, more democratic, just and fraternal society (May 16, 2018).

[3] ‘It is a great step forward for more Latin American countries to point out the human rights situation in Cuba,’ Diario de Cuba (May 16, 2018); Cuba Foreign Ministry, Cuba reiterates its commitment to cooperate with the UN human rights system (May 16, 2018); Havana warns that it will reject the recommendations of the UN with criticism of its ‘constitutional order,’ Diario de Cuba (May 18, 2018).

[4] U.S. Mission to U.N. (Geneva), U.S. Statement at the Universal Periodic Review of Cuba (May 16, 2018).

[5]  Cuba Foreign Ministry, Cuba reiterates its commitment to cooperate with the UN human rights system (May 18, 2018); Havana warns that it will reject the recommendations of the UN with criticism of its ‘constitutional order,’ Diario de Cuba (May 18, 2018).

[6] U.S. Mission to U.N., Press Release: Ambassador Haley on Cuba’s Human Rights Record (May 16, 2018).

[7] U.N. Hum. Rts. Council, Basic facts about the UPR.

[8] U.N. Hum. Rts.  Council, Report of the Working Group on the Universal Periodic Review: Cuba (July 8, 2013); U.N. Hum. Rts. Council, Report of the Working Group on the Universal Periodic Review: Cuba: Addendum: Views on conclusions and recommendations, voluntary commitments and replies presented by the State under review (Sept. 2013); U.N. Human Rts. Council, Matrix of recommendations.

 

More Details on Cuba’s Foreign Tourism

During the first quarter of 2018, 95,520 U.S. citizens visited Cuba, which was 40 percent fewer than came in the same quarter of 2017. This “is hurting this island’s access to hard cash and setting back the effort to reestablish ties between U.S. citizens and Cubans.“.[1]

The Cubans most adversely affect by this decline are ”the very Cubans the Trump administration has vowed to defend here — small-business owners looking to inject a dose of the free market into the economy.” They are “Airbnb hosts, the owners of small restaurants and art galleries, and tour operators.” Indeed, “unlike many European visitors to Cuba, the American newcomers largely eschewed the package tours that corralled tourists at big, beachfront hotels and assembly-line restaurants. Instead, the Americans spent more time exploring the colonial streets of Old Havana on their own” and patronizing the newer privately-owned businesses

Yes, there has been an increase in foreigners arriving on the island on cruise ships, 177,000 this quarter versus 38,000 in 2017’s first quarter, but they “spent relatively little money onshore.”[2]

Another positive development for Cuban tourism generally, but not the Cuban entrepreneurs, according to the Reuters article, are recent announcements of new hotels by foreign “hospitality companies including Spain’s Melia Hotels International and Iberostar Hotels & Resorts; Singapore’s Banyan Tree Holdings Ltd., Apollo Global Management LLC’s Diamond Resorts International Inc.;” and “Louvre Hotels SAS, a French subsidiary of China’s state-owned Jinn Jiang International Hotels Development Co, one of the world’s largest.”

The construction of such new hotels, however, is “generally carried out jointly with the Cuban Government and especially with the military , which controls a good part of the island’s tourism sector.” For example, “there are currently five new five-star hotels under construction in Havana, owned by the Gaviota Corporation -a military company-, and will be administered by foreign firms.”[3]

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[1] Faiola, In Cuba, the Great American tourism boom goes bust, Wash. Post (May 11, 2018); Drop in Foreign Tourists for Cuba, dwkcommentaries.com April 25, 2018).

[2] Reuters, Despite Hurricanes and Trump, Cuba Retains Charm for Foreign Tourism Firms, N.Y. Times (May 11, 2018).

[3] The Government and the military will continue to make cash with tourism, Diario de Cuba (May 11, 2018).