Beschloss Discusses “Presidents of War” at Westminster Town Hall Forum

On November 13, only one week after the U.S. mid-term election, Michael Beschloss appeared before an overflow crowd at Minneapolis’ Westminster Town Hall Forum to discuss his  recent book, Presidents of War: 1807 to Modern Times.[1] Below are photographs of Beschloss and the Westminster Sanctuary before the arrival of the crowd.

 

 

 

 

The Presidents of War

He made the following brief comments about the eight presidents of war who are covered in his book.

President James Madison and the War of 1812. This was the first and the most unpopular war in U.S. history, climaxed by the British burning of the White House and Madison’s  escaping to Virginia in August 1814. (The book covers this in the Prologue and Chapters Two and Three.)

President James Polk and the Mexican-American War (1846 1848). This war was started by the U.S. on the U.S.false assertion that Mexico had ambushed and killed an American soldier in the new state of Texas. The U.S. won the war and acquired more than 500,000 square miles of Mexican territory extending  west of the Rio Grande River to the Pacific Ocean.(This is covered in Chapters Four and Five.)

President Abraham Lincoln and the Civil War (1860-1865). Lincoln was the best president of war. Initially he was not a crusader and instead an enforcer of the  constitutional ban on secession, which was not a popular message. Later with the Gettysburg Address and the Second Inaugural Address he made it a moral crusade against slavery and the people began to follow Lincoln. (This is covered in Chapters Six and Seven.)

President William McKinley and the Spanish-American War, 1898.  This was another war started on a false assertion: Spain had blown up the USS Maine in the Havana Harbor, when in fact it was caused by an exploding boiler in the ship. This war resulted in the U.S.’ acquiring the Philippines, Puerto Rico and Guam from Spain and de facto control of Cuba. (This is covered in Chapters Eight and Nine of the book.)[2]

President Woodrow Wilson and World War I, 1917-1918. In his re-election campaign of 1916, Wilson’s slogan was “He kept us out of war,” but in April 2017 he had Congress declare war after German attacks on U.S. ships. In his well-meaning campaign for the League of Nations, Wilson made a lot of mistakes. (This is covered in Chapters Ten and Eleven.)

President Franklin D. Roosevelt and World War II, 1941-1945. Before the Japanese bombing of Pearl Harbor on December 7, 1941, FDR gave very few speeches about the war in Europe, and there was strong U.S. public opinion against entering the war on the belief that World War I had been a mistake. Immediately after the bombing of Pearl Harbor, however, the Congress declared war against Japan, the last time the U.S. declared war under the Constitution. FDR learned from the war with the exception of treatment of Japanese-Americans.  (this is covered in Chapters Twelve and Thirteen.)

President Truman and  the Korean War (Conflict), 1950-1953.  According to Beschloss, Truman had read and written some history and had said one “could not be president without knowing history” and “every leader must be a reader.”(This is covered in Chapters Fourteen and Fifteen.)

President Lyndon Johnson and the Vietnam War, 1963-1969. This is another war started on a false U.S. assertion: the Vietnamese had attacked a U.S. ship in the Gulf of Tonkin, which lead to a congressional resolution supporting military action. The White House audio tapes of LBJ’s conversations revealed important information: (a) Senator Richard Russell urged LBJ to get out of the war; (b) Secretary of Defense McNamara urged LBJ to get involved, thereby disproving McNamara’s later denials of same; (c) LBJ came to believe that this was a war the U.S. could not win and could not lose; and (d) LBJ rejected the advice of General Westmoreland to use nuclear weapons in the war.  (This was discussed in Chapters Sixteen and Seventeen of the book.)

Commonalities of the Presidents of War

Beschloss identified two common characterizes of these presidents.

First, they all became more religious during their wars. Lincoln before the Civil War was a sceptic or agnostic, but during the war regularly read the Bible and talked about wars being “oceans of blood” that prompted his  seeking biblical guidance for sending young men to their death. Lyndon Johnson before the war was not a regular church-goer, but during the war, his daughter Lucy Baines Johnson Turpin, who had become a Roman Catholic, regularly and confidentially took LBJ to mass , and Lady Bird Johnson was heard to say he might convert to Catholicism.

Second, they all were married to strong women who gave good advice. In 1942 FDR  was considering internment of Japanese-Americans, and Eleanor warned him strongly not to do so. The subsequent internment caused a major rupture in their marriage.

In response to a question about whether any of the war presidents had military experience, he did not state the obvious: they had not except for Truman in World War I. Instead, he said that President Eisenhower, who is not covered in the book even though he presided over the end of the Korean War, had the “perfect” military experience resulting from his military education and training and command responsibility during World War Ii that provided him with the knowledge of the ends and means, the costs and the unpredictability of war.[3]

 The President of Peace

In response to a question, Beschloss identified only one president of peace:. President Thomas Jefferson in 1807 resisted public pressure to go to war with Great Britain over an attack by its ship (The Leopard) against a U.S. frigate (The Chesapeake) in the Atlantic Ocean off the coast of Virginia that killed three U.S. sailors and wounded eight others. (This is discussed in Chapter One of the book.)

 Advice to U.S. Citizens

All presidents need wisdom, courage and judgment. They need to be moral leaders.

Citizens, Senators and representatives need to evaluate and criticize presidents on important issues, especially those of war and peace.

In his book’s Epilogue, Beschloss says “the framers of the Constitution had dreamt that war would be a last resort under the political system they had invented. Unlike in Great Britain and other monarchies and dictatorships of old, it would be declared by Congress, not the chief of State.” Yet “the notion of presidential war took hold step by step.” We as citizens need to insist on obeying the Constitution and requiring congressional declarations of war.

Beschloss Biography

Beschloss is an award-winning author of nine books on presidential history. He is the presidential historian for NBC News and a contributor to PBS NewsHour. A graduate of Williams College and Harvard Business School, he has served as a historian for the Smithsonian Institution, as a Senior Associate Member at St. Antony’s College, Oxford, and as a Senior Fellow of the Annenberg Foundation. His books on the presidency include, among others, The Crisis Years: Kennedy and Khrushchev, 1960-1963; The Conquerors: Roosevelt, Truman and the Destruction of Hitler’s Germany; and Presidential Courage: Brave Leaders and How They Changed America, 1789-1989. His latest book, Presidents of War, was published in October. He is the recipient of the Harry S. Truman Public Service Award, the New York State Archives Award, and the Rutgers University Living History Award. He is a trustee of the White House Historical Association and the National Archives Foundation and a former trustee of the Thomas Jefferson Foundation.

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[1] Westminster Town Hall Forum, Michael Beschloss, Presidents of War: 1807 to Modern Times (Nov. 13, 2018) (the website also includes a livestream of the lecture and Q & A); Black, ‘Presidents of War’: Historian Michael Beschloss on leaders who’ve taken U.S. into battle, MinnPost (Nov. 14, 2018); Barnes & Noble, Presidents of War (2018).

[2] Before 1898, the U.S. had a desire to own or control Cuba that was promoted by by U.S. slaveholders desiring support of Cuban slaveholders, and after U.S. entry in 1898 into the Second Cuban War of Independence (what we call the Spanish-American War) and the U.S. defeat of the Spanish, the U.S. made Cuba a de facto protectorate that lasted until 1934. Since the 1959 overthrow of Batista by the Cuban Revolution, of course, the two countries have had a contentious relationship, including the U.S. Bay of Pigs invasion of  1961 and the Cuban Missile Crisis of 1962 that nearly erupted into war. (See posts listed in the “ U.S.-Cuba History, 1989-2010” section of List of Posts to dwkcommentaries—Topical: CUBA.

[3] Another U.S. president with wartime experience, including injuries, was John F. Kennedy, who during the Cuban Missile Crisis of 1962 helped to steer the U.S. out of a possible nuclear war with the USSR over its missiles in Cuba. (See posts listed in the “ U.S.-Cuba History, 1989-2010” section of List of Posts to dwkcommentaries—Topical: CUBA.

“Who Is Jesus for Us Today?”  

This was the title of the sermon on September 9, 2018, by Rev. Timothy Hart-Andersen, Senior Pastor, Minneapolis’ Westminster Presbyterian Church. (A photograph of the church with its new addition is below.)

Biblical Texts for the Day

 Psalm 8 (NRSV):

“O Lord, our Sovereign,
how majestic is your name in all the earth!

You have set your glory above the heavens.
Out of the mouths of babes and infants
you have founded a bulwark because of your foes,
to silence the enemy and the avenger.

When I look at your heavens, the work of your fingers,
the moon and the stars that you have established;
what are human beings that you are mindful of them,
mortals that you care for them?

Yet you have made them a little lower than God,
and crowned them with glory and honor.
You have given them dominion over the works of your hands;
you have put all things under their feet,
all sheep and oxen,
and also the beasts of the field,
the birds of the air, and the fish of the sea,
whatever passes along the paths of the seas.”

“O Lord, our Sovereign,
how majestic is your name in all the earth!”

 John 1: 45-51 (NRSV):

“Philip found Nathanael and said to him, ‘We have found him about whom Moses in the law and also the prophets wrote, Jesus son of Joseph from Nazareth.’ Nathanael said to him, ‘Can anything good come out of Nazareth?’ Philip said to him, ‘Come and see.’ When Jesus saw Nathanael coming toward him, he said of him, ‘Here is truly an Israelite in whom there is no deceit!’ Nathanael asked him, ‘Where did you get to know me?’ Jesus answered, ‘I saw you under the fig tree before Philip called you.’ Nathanael replied, ‘Rabbi, you are the Son of God! You are the King of Israel!’ Jesus answered, ‘Do you believe because I told you that I saw you under the fig tree? You will see greater things than these.’ And he said to him, ‘Very truly, I tell you, you will see heaven opened and the angels of God ascending and descending upon the Son of Man.’”

 The Sermon[1]

 “The work of the Church is fundamentally a teaching task: asking questions, seeking answers, exploring possibilities – and then translating all of that into life between Sundays. . . .”

“Christianity is never settled for any of us, no matter our age or the extent of our involvement in church. The world is always changing. If our faith is not similarly dynamic, not living, not rising to the challenges we see all around us, not attuned to the context in which we live, it will slowly wither away. . . .”

“Actually there’s something appealing to the notion that what happens in churches can be hazardous to the status quo. Powerful worship is subversive; it wants to upend the dominant ethos. A church ought to be considered a place the world enters at its own risk. After all, we follow a Savior perceived to be such a serious threat that he was crucified.”

“But the Church is not only what happens inside these walls for a few hours each week. . . . Church mostly happens the rest of the week, out there. We – you and I – are the Church when we leave here and go out into the world. . . . “

“The faith we practice has always felt compelled to move out into the streets and ask, ‘What is God up to in this place and in this time?’ because we want to join that work. Call it public theology, or our witness in the world, or the pursuit of biblical justice – our faith has never wanted to sequester Jesus in the sanctuary, as if he might – we might – be sullied by the messy reality of what’s going on in the world around us.”

“We Come Together not to be sheltered in this sacred space, but, rather, to hear the call of God to go forth and be the Church. To do that, however, means we need to understand whom we follow out into those streets. . . .”

“The decision to follow Jesus, Professor Gail O’Day says, ‘Is inseparable from the decision one makes about Jesus’ identity.’ [New Interpreter’s Bible, vol. IX (Nashville: Abingdon Press, 1995) p. 534] . . . .”

“Who we think he is will determine the kind of Christians we become.”

“In the 1930s in Germany, the young pastor Dietrich Bonhoeffer found himself growing skeptical about the Jesus being preached in the churches of that land. As political rhetoric became more overtly racist and the culture increasingly supportive of extreme Aryan nationalism, most German Christian churches rolled over and acquiesced to all of that. They gave their Jesus over to the rising ideology of the times. It was expedient for them, convenient for them, to go along with the predominant and popular spirit of the land.”

“Bonhoeffer and his colleagues – Karl Barth, Martin Niemoller, and others – resisted, and some of them eventually paid for it with their lives. They wrote an affirmation of faith rejecting the distorted theology used to underpin racism and nationalism. They started an alternative church, called the Confessing Church, as opposed to the German Christian Church, which supported the ideology of the times.. They founded an underground seminary, as over against the schools of the German Christian Church, which taught theology that supported the direction the nation was moving. They preached and worked against the tide.”

“And behind all that work, according to Bonhoeffer, was a single, driving question: Who is Jesus Christ for us today? . . . .”

“Who is Jesus Christ for us today? That question will inform our worship at Westminster this fall, even as it informs our life as we move from this place out into the world . . . “

 “Eighty years ago in Germany was not the only time when Christians have resisted the prevailing winds. Forty years ago in South Africa, the Dutch Reformed Mission Church wrote and adopted what became known as the Confession of Belhar. The Dutch Reformed Mission Church was the segregated denomination created for “mixed race” persons in the 19th century by the white Dutch Reformed Church, the denomination that eventually – by the mid-20th century – would develop a theological justification for apartheid, a theological basis for apartheid.”

 “The Confession of Belhar is a theological denunciation of the racist political system of South Africa of that time. It rejects the notion that God would accept the dividing of the human family on the basis of race or color. The Confession answers Bonhoeffer’s question, ‘Who is Jesus Christ for us today,’ by portraying Jesus as the one standing with those on the receiving end of the cruelties of history, those excluded from places of privilege and power by virtue of who they are or where they live or what language they speak or whom they love or the circumstances of their lives.” (Emphasis added.)

“Who Jesus is for us determines what it means for us to pursue his way – to be Christian in our time.”

.“Like the Germans of the Confessing Church, and like many in our land today, the ‘mixed race’ South Africans stood their ground . . .against those who would corrupt Christianity to make it supportive of the politics of exclusion and racial superiority. They declared that one could not be a follower of Jesus and, at the same time, a supporter of apartheid. Think of that in our time: it is not possible to a follower of Jesus and supporter of racism at the same time.” (Emphasis added.)

“Our denomination adopted the Confession of Belhar two years ago. . . .  We chose to adopt it to speak to our own historic and current racism in America, a system that has been in place for so many centuries.”

“Westminster has embarked on a pilgrimage to join the great effort in our nation finally, finally now wanting to come to terms with the original sin of this land, the enslavement – the buying and selling of human beings, the thinking of people as less than human – the enslavement of Africans to build up our nation. The legacy of that terrible time yet endures today. That journey for us, as followers of Jesus, starts with the question: Who is Jesus Christ for us today?” (Emphasis added.)

“Following Jesus is costly. The South Africans found that out. The Confessing Church in Germany discovered that. We will learn that, as well. The challenge to love in the way of Jesus should not be undertaken lightly. It will change each one of us and, hopefully, the world in which we live.”

“That’s why it matters what we do here in worship week after week. That’s why it matters that our children and youth are engaged in nurturing their faith. That’s why it matters who we are as a congregation in this city.”

The Confession of Belhar[2]

After the  sermon, the congregation read in unison the following extracts from the Confession of Belhar:

  • “We believe: that God has entrusted the church with the message of reconciliation in and through Jesus Christ; that the church is called to be the salt of the earth and the light of the world; that the church is called blessed because it is a peacemaker; that the church is witness both by word and by deed to the new heaven and the new earth in which righteousness dwells;
  • That the credibility of this message is seriously affected and its beneficial work obstructed when it is proclaimed in a land which professes to be Christian, but in which the enforced separation of people on a racial basis promotes and perpetuates alienation hatred and enmity;
  • Therefore, we reject any doctrine which, in such a situation, sanctions in the name of the gospel or the will of God the forced separation of people on the grounds of race and color and thereby in advance obstructs and weakens the ministry and experience of reconciliation in Christ.” (Emphasis added.)

Conclusion

This sermon provided at least a partial answer to the question, ‘Who is Jesus for us today?’ It d did so by referencing the creation of the Confessing Church in Germany and the Confession of Belhar in stating, “Jesus stood “with those on the receiving end of the cruelties of history, those excluded from places of privilege and power by virtue of who they are or where they live or what language they speak or whom they love or the circumstances of their lives.” [3](Emphasis added.) ==================================

[1] Sermon: Who Is Jesus for Us Today? (Sept. 9, 2018).

[2]  See The Confession of Belhar Is Adopted by the Presbyterian Church (U.S.A.), dwkcommentaries.com (July 21, 2016).

[3] The sermon went on to say that further answers to this question will be provided in future sermons and other discussions at Westminster.

 

 

Continuing Controversy Over Medical Problems of U.S. Diplomats in Cuba (and China)

Since late 2016 some U.S. diplomats (now 26 in number) have complained about various medical problems that surfaced while they were serving in Cuba.[1]

The U.S., however, continues to assert publicly that despite subsequent investigations the U.S. does not know what or who caused the problems. Most recently, on September 6, 2018, at a House hearing, Kenneth H. Merten, Acting Principal Deputy Assistant Secretary, Bureau of Western Hemisphere Affairs, stated that the “Department does not currently know the mechanism for the cause of the injuries, the motive behind these attacks in Cuba, when they actually commenced, or who is responsible.” At the same hearing, Charles Rosenfarb, the State Department’s Medical Director, testified, “We’re seeing a unique syndrome. I can’t even call it a syndrome. It’s a unique constellation of symptoms and findings, but with no obvious cause.”[2] (Emphases added.)

Cuba, on the other hand, continues to assert that it did not cause the problems and indeed that there is no scientific basis for any contention that the diplomats suffered any kind of medical issues. For example, in June 2018, a Cuban diplomatic official said that Cuba had “challenged the U.S. on the use of the word ‘attack.’ “There is no evidence of a weapon, there is no evidence of a source, nobody can point to motivation and yet they continue to use the word ‘attack.’ We see it as politically motivated.’” He also noted that neither American nor Cuban experts had been able to determine what caused the symptoms. He renewed concerns that the Trump administration is using the incidents as an excuse to roll back U.S.-Cuba rapprochement started under the Obama administration.[3]

In the meantime, at least the following four theories about causation of the medical problems have emerged.

University of Pennsylvania Theory[4]

Physicians at the University of Pennsylvania examined the affected diplomats and in an article in the Journal of the American Medical Association (JAMA) asserted the following key findings:

  1. The patients “appeared to have sustained injury to widespread brain networks.”
  2. The patients have experienced “persisting disability of a significant nature” involving “hearing, vision, balance and brain symptoms similar to the brain dysfunction seen with concussions, but without histories of head trauma.”
  3. In most cases, the affected diplomats reported hearing a loud, painful noise that they later associated with their symptoms, but the physicians concluded, “There is no known mechanism for audible sound to injure the brain” and “it is currently unclear if or how the noise is related to the reported symptoms.”
  4. “Viruses or chemical exposures are unlikely,” but could not be “systematically excluded.”
  5. “Advanced MRI scans spotted a few changes in some patients in what are called white matter tracts,” but these might be attributed to previous events.
  6. “Several of the objective manifestations consistently found in this cohort,” including vision and balance abnormalities, “could not have been consciously or unconsciously manipulated.”

In August 2018 JAMA published letters from 10 neurologists and doctors from the United States, the United Kingdom and Germany that questioned the conclusions of the University of Pennsylvania report. They said it could have misinterpreted the result of medical tests or ignored disorders that cause symptoms among a large group of people, as psychological factors.

Smith and two colleagues published a response that said they are performing “advanced neuroimaging studies” of the patients and are “hoping to identify structural brain changes that may underlie the neurological manifestations.”

University of Michigan Theory[5]

A team of computer scientists from the University of Michigan’s Security and Privacy Research Group in March 2018 concluded that “if ultrasound played a role in harming diplomats in Cuba, then a plausible cause is intermodulation distortion between ultrasonic signals that unintentionally synthesize audible tones. In other words, acoustic interference without malicious intent to cause harm could have led to the audible sensations in Cuba.” The conclusion of the research paper itself also states, “our experiments do not eliminate the possibility of malicious intent to harm diplomats.” (Emphasis added.)

If I correctly understand this theory, the audible sound similar to that heard in Cuba requires at least two ultrasound sources that interfere with each other and this suggests that the audible sound was accidental and not intended. This supports Cuba’s consistent assertion that it did not intend to do anything to harm the American diplomats, an assertion that makes obvious sense from Cuba’s own self-interest of avoiding antagonizing the U.S.

Microwave Theory[6]

The lead physician and author of the University of Pennsylvania report, Dr. Douglas H. Smith, recently told the New York Times that “microwaves were now considered a main suspect and that the team was increasingly sure the diplomats had suffered brain injury.” He added, ““Everybody was relatively skeptical at first [but] everyone now agrees there’s something there.”

According to the Times, “Strikes with microwaves, some experts now argue, more plausibly explain reports of painful sounds, ills and traumas than do other possible culprits — sonic attacks, viral infections and contagious anxiety. In particular, a growing number of analysts cite an eerie phenomenon known as the Frey effect, named after Allan H. Frey, an American scientist. Long ago, he found that microwaves can trick the brain into perceiving what seem to be ordinary sounds.” Moreover, “scientists have known for decades that the brain can perceive some microwaves as sound.” Indeed, “The false sensations, the experts say, may account for a defining symptom of the diplomatic incidents — the perception of loud noises, including ringing, buzzing and grinding. Initially, experts cited those symptoms as evidence of stealthy attacks with sonic weapons.”

Beatrice Golomb, a professor of medicine at the University of California at San Diego, is a leading proponent of the theory that pulsed microwaves could explain the symptoms. She has authored a paper that will be published in coming days in the journal Neural Computation.  The symptoms experienced by the Cuba patients match symptoms in other people who are “electrosensitive,” according to her analysis, which relies on the JAMA study and news reports.

Asked about the microwave theory, the State Department said the investigation had yet to identify the cause or source of the attacks. And the F.B.I. declined to comment on the status of the investigation or any theories. In addition, In addition, members of Jason, a secretive group of elite scientists that helps the federal government assess new threats to national security, say it has been scrutinizing the diplomatic mystery this summer and weighing possible explanations, including microwaves.

James C. Lin of the University of Illinois, a leading investigator of the Frey effect, described the diplomatic ills as plausibly arising from microwave beams. Dr. Lin is the editor-in-chief of Bio Electro Magnetics, a peer-reviewed journal that explores the effects of radio waves and electromagnetic fields on living things. In his paper, Dr. Lin said high-intensity beams of microwaves could have caused the diplomats to experience not just loud noises but nausea, headaches and vertigo, as well as possible brain-tissue injury. The beams, he added, could be fired covertly, hitting “only the intended target.”

In February, ProPublica in a lengthy investigation mentioned that federal investigators were weighing the microwave theory. This article also mentioned that a wife of a member of the embassy staff had looked outside her home after hearing the disturbing sounds and had seen a van speeding away.

Kenneth R. Foster, a professor of bioengineering at the University of Pennsylvania, has studied microwave phenomena while working at the Naval Medical Research Center in Bethesda. Foster, who was not involved in examining the diplomatic personnel, said that the reported illnesses remain mysterious and that he doesn’t have an explanation.

Nevertheless, Foster said, “But it’s sure as heck not microwaves.” Such a theory is “wildly impossible.” According to Dr. Foster, “to actually damage the brain, the microwaves would have to be so intense they would actually burn the subject, which has never happened in any of these incidents.” Foster added that there is no technology capable of using microwaves to produce the kinds of symptoms that the U.S. diplomats have experienced — and not for lack of trying. “Actually the Navy was interested in seeing whether this could be used as a weapon, and we spent a lot of time thinking about it, but the phenomenon was simply too weak to be of any conceivable use.”

A rejection of this theory also was voiced by University of Cincinnati neurologist Alberto J. Espay, who said, “Microwave weapons is the closest equivalent in science to fake news.”

A Cuban diplomat, Fernández de Cossío, Director for United States at Cuba’s Foreign Ministry, insisted that the microwave theory cannot explain the symptoms suffered by the U.S. diplomats in Havana. Mr. Fernández de Cossío accused the U.S. of carrying a deliberate political manipulation. On Monday, CNN reported that Dr. Mitchell Valdés-Sosa, a neurologist investigating on behalf of the Cuban government, also dismissed this theory.

The strangest reaction to the microwave theory came in  a Washington Post editorial. After reviewing the pros and cons of the theory, it concluded, “the microwave explanation has again raised a question about whether the United States has discovered more than is being said about the perpetrators. If there are known culprits, they should be identified and held to account.”

Neuro-Weapon Theory[7]

A team put together by the State Department to investigate this problem consisted of Dr. Michael Hoffer of the University of Miami and an expert in brain trauma and otolaryngology; Dr. Carey Balaban, professor of otolaryngology, bioengineering and neurobiology at the University of Pittsburgh; and Dr. James Giordano, professor in the departments of neurology and biochemistry at Georgetown University Medical Center, and an expert in “neurotechnology” and its use in the military.

This team independently studied the first tests taken of  those affected. And  this team believes that the patients likely were hit by  a weapon that uses directed energy and is capable of causing a “cavitation” effect or air pockets, in fluids near the inner ear. The bubbles can travel quickly through two pathways that carry blood to the brain from the inner ear — the cochlear and the vestibular — and “function as a stroke,” Giordano said.

Such “neuro-weapons” can be biological, chemical, or in the case of the incidents in Havana, “directed energy weapons.”  The team was unable to conclude exactly what method the perpetrators of the attacks used but reduced it to the following possibilities:

▪ Ultrasonic (acoustic) exposures were considered “very possible and probable.”

▪ Electromagnetic pulsing was also described as “very possible and probable.”

▪ The team reported that the use of microwave energy was possible, but “unlikely.”

Conclusion

I am not a scientist or medical doctor and am unable to evaluate the merits and demerits of the above theories. I, therefore, specifically invite comments with additional information or thoughts.

But I also confess that I am amazed that after nearly two years the official U.S. public position is an inability to identify the cause or perpetrator.

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[1]  Previous posts about these issues are listed in the “U.S. Diplomats’ Medical Problems in Cuba, 2017-18” section of Lists of Posts to dwkcommentaries—Topical: CUBA.

[2] U.S. House Foreign Affairs Comm., Western Affairs Subcomm., U.S. Policy Toward Cuba  (Sept. 6, 2018); Kaplan & Ashenbach, Scientists and doctors zap theory that microwave weapon injured Cuban diplomats, Wash. Post (Sept. 6, 2018).

[3] Recent U.S.-Cuba Developments, dwkcommentaries.com (June 15, 2018), Cuba Still Baffled by Illness of U.S. Diplomats, dwkcommentaries.com (June 11, 2018).

[4] Swanson, et al., Neurological Manifestations Among US Government Personnel  Reporting Directional Audible and Sensory Phenomena in Havana, Cuba, JAMA (Mar. 20, 2018); Medical Report on U.S. Diplomats with Health Problems Occurring in Cuba, dwkcommentaries.com (Feb. 16, 2018); What affected the US diplomats in Cuba? Ten scientists question the ‘attacks,’ Diario de Cuba (Aug. 15, 2018); Gianoli, et al., Neurological Symptoms in US  Government Personnel in Cuba, JAMA (Aug. 14, 2018); Mojena, The truth is that they do not want to listen, Granma (Aug. 17, 2018); Do ‘Sonic Weapons’ Adequately Explain ‘Health Attacks’ on Diplomats in Cuba?  Snopes (updated Sept. 4, 2018); Rasenick, et al., Letter: Cuba ‘sonic attack’ conspiracy theories and flawed science, Guardian (June 1, 2018); Sample, Cuban ‘acoustic attack’ report on US diplomats flawed, say neurologists, Guardian (Aug. 14, 2018).

[5] Possible Solution to Mystery of “Sonic Attacks” on U.S. Diplomats in Cuba, dwkcommentaries.com (Mar. 4, 2018).

[6] Broad, Microwave Weapons Are Prime Suspect in Ills of U.S. Embassy Workers, N.Y. Times (Sept. 1, 2018); Kaplan & Achenbach, Scientists and doctors zap theory that microwave weapon injured Cuba diplomats, Wash. Post (Sept. 6, 2018); Could ‘Microwave Weapon Really Have Caused US Embassy Workers’ ‘Bizarre Symptoms? LiveScience (Sept/ 5, 2018); Foster, Cuba’s “Sonic Attack” on the U.S. Embassy Could Have Been Merely Sounds Emitted by a Listening Device, Scientific American (Sept. 7, 2018); Editorial, A literal secret weapon is hurting U.S. diplomats abroad. What is it? Wash. Post (Sept. 7, 2018).

[7] Gámez, Doctors reveal possible ‘neuro-weapon’ used in alleged attacks in Cuba, Miami Herald (Sept. 7, 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).

 

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

This year Cameroon’s human rights record is a subject of its third  Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. A prior post reviewed the nature of the UPR process. Now we look at the pre-hearing papers for this UPR while future posts will cover the May 16 UPR hearing and then the results of the UPR.

Cameroon’s Third UPR Pre-Hearing Papers

 Prior to the May 16, 2018, hearing on Cameroon’s UPR, the following materials have been translated from their original language into five other languages and made available on the Council’s website: (a) Cameroon’s National Report to the Council; (b) the U.N. High Commissioner for Human Rights’ Compilation of U.N. Information on Cameroon; and (c) the Council’s Working Group on the Universal Periodic Review’s Summary of Stakeholders’ submissions on Cameroon.

Cameroon’s National Report[1]

In the section “Implementation of recommendations from previous cycles,” it discussed ratification of various international human rights instruments, including the following: (a) persons charged with the crime of genocide under the Code of Military Justice “shall be tried by the military courts;” (b) the instruments for the ratification of the Optional Protocol to the [Torture convention] are being deposited; (c) the International Convention for the Protection of All Persons from Enforced Disappearance has been signed and is in process of ratification.

Paragraph 66 states, “the 2016/17 school year has been subject to some disruptions in the North-West and South-West regions occasioned by the actions taken by a number of trade unions, including teachers’ unions.” (Emphasis added.)

Paragraph 98 states, “Efforts to ensure access to justice have included the continuation of mobile court hearings in areas where there are no established courts to speak of.” (Emphasis added.)

Paragraph 112, it stated, “The realization of human rights in Cameroon is a work in progress, as security and economic constraints still limit their enforcement in certain areas. . . . In October 2017, there were around 236,000 internally displaced persons and 332,000 refugees scattered throughout the East, Adamaoua and Far North Regions of Cameroon. (Emphasis added.)

Paragraph 113 stated, “The social crisis in the North-West and South-West Regions, which was triggered in late 2016 by the mobilization of a number of teachers’ and lawyers’ unions, has also interfered with the enforcement of certain human rights.” (Emphasis added.)

Paragraph 115 states, “Dialogue, the obligation to preserve the integrity of the national territory, its people and their property, as well as to promote conciliation, have shaped the response to the aforementioned social crisis. If the crisis is to be resolved, all persons must show good will in working to live together more harmoniously. To this end, in addition to the steps taken to address the demands made by these unions, the institutional framework has been enhanced by the establishment of the National Commission for the Promotion of Bilingualism and Multiculturalism (annex 16).” (Emphasis added.)

Paragraph 116 states, “increased support in the fight against terrorism and a more equal sharing of the burden of caring for refugees and managing internally displaced populations are being requested, as is increased support for national efforts to consolidate social harmony.” (Emphases added.)

U.N. Information about Cameroon[2]

This report summarized comments about Cameroon from various U.N. agencies, including the following comments relating to the Francophone-Anglophone disputes:

  • In November 2017, several special procedure mandate holders warned the Government of Cameroon to engage with representatives of the anglophone population in a meaningful political dialogue and halt renewed violence in the south-west and north-west, where the country’s anglophone minority was reportedly suffering worsening human rights violations. They urged the Government to adopt all necessary measures consistent with Cameroon’s human rights obligations to end the cycle of violence. Up to 17 people had reportedly been killed and dozens wounded and arrested in demonstrations in the country’s anglophone regions since 1 October 2017. The special procedure mandate holders were disturbed by reports of a series of measures taken by the national authorities, including curfews, a ban on public meetings, and other restrictions aimed at preventing peaceful protests. Excessive use of force by the security services, injuries, mass arrests, arbitrary detentions, torture and other ill-treatment had been reported.” (Para. 22; emphasis added.)
  • The special procedure mandate holders asked the Government to take effective measures to prosecute and sanction all those responsible for such violations. The appeal for . . . action came nearly a year after other United Nations human rights experts publicly urged the Government to halt violence against the anglophone minority, following reports that anglophone protesters in Buea and Bamenda had suffered undue force. The special procedure mandate holders also denounced any use of violence against members of the security forces, after reports that several had been killed. Since December 2016, the special procedure mandate holders have repeatedly raised concerns directly with the Government of Cameroon, and continue to monitor and seek clarification of the alleged human rights violations in the north-west and south-west of the country.” (Para. 23; emphases added.)
  • “The Human Rights Committee raised its concern at the alleged existence of secret detention facilities that were not subject to oversight of any kind.” (Para. 26.)
  • “The Committee against Torture recommended that Cameroon put an end to the practice of incommunicado detention and ensure that no one is detained in secret or unauthorized places, including unlisted military detention centers. Cameroon should investigate the existence of such places and detainees should be released or transferred to official places of detention.” (Para. 27.)
  • “The Committee against Torture stressed that the State should ensure that all allegations of excessive use of force, extrajudicial executions, ill-treatment and arbitrary arrest by State officials during or after the demonstrations in the anglophone region are the subject of an impartial investigation, that those responsible are prosecuted and, if found guilty, punished, and that victims obtain redress.” (Para. 28; emphasis added.)
  • “The Committee against Torture requested Cameroon to put in place, as soon as possible, a programme to protect witnesses and victims of torture. (Para. 29; emphasis added.)
  • “The Human Rights Committee urged Cameroon to lift any unnecessary restrictions on the freedom of assembly and the freedom to demonstrate, in particular for members of the country’s English-speaking minority.” (Para. 33; emphasis added.)
  • “UNESCO noted that Cameroon had suspended Internet services in the country’s Northwest and Southwest regions after a series of protests that had resulted in violence and the arrest of community leaders.” (Para. 37; emphasis added.)

Stakeholders’ Submissions[3]

Sharp criticisms of Cameroon from various groups were registered in 54 paragraphs. The following focused on human rights violations against Cameroonian Anglophones.

“Southern Cameroons Public Affairs Committee indicated that the Anglophone minority suffered a policy of ongoing discrimination, including the prohibition of the use of their language in daily public life. It further noted that discrimination has been used in various sectors including education, employment and access to justice. It recommended ending discrimination and the harassment of Anglophones and adopting an antidiscrimination legislation and policy.” (Para. 10; emphasis added.)

“Plateforme EPU noted the adverse consequences that the crisis in the Englishspeaking parts of the country has had on the economy, in particular because of the shutdown of Internet access for several months.” Para. 15; emphasis added.)

“JS2 noted that the anti-terrorism legislation allowed for Cameroonian to be charged in military courts and to face death penalty if their sponsored terrorism, which contravenes the right to a fair trial. JS2 was concerned by the lack of impartiality and independence of the military courts as well as the vague definition of terrorism. It recommended revising the anti-terrorism bill in accordance with international human rights obligations.  Amnesty International raised similar concerns and urged Cameroon to provide a definition of terrorism in line with international human rights standards and to limit the use of the military courts.” (Para. 18; emphasis added.)

“JS4 expressed concern about the increase in the number of death sentences being handed down by Cameroonian courts, especially in the northern part of the country.JS4 criticized the vague, general laws on terrorism, which are used as grounds for arresting defenders of the rights of the English-speaking minority.JS4 noted that persons on death row in Cameroon are denied their rights and are subjected to inhuman treatment and torture. JS4 recommended that Cameroon should take all necessary steps to amend the counter-terrorism law of 2014 and the Penal Code of 2016 to eliminate the death penalty. JS4 also recommended that the authorities should ensure that the rights of persons sentenced to death are respected, in particular by ensuring that proceedings are conducted transparently and that defendants are assisted by counsel.” (Para. 19; emphasis added.)

“The Southern Cameroons Public Affairs Committee reported that security forces have been using excessive force toward citizens, including torture and harass, and arbitrary arrested and detained incommunicado for prolonged periods without trial. It recommended ending all use of arbitrary arrest and detention of citizens, and use of torture or other cruel treatment.  It further urged that Cameroon investigate into allegations, and prosecute those responsible for the violence against Anglophones.” (Para. 20; emphases added.)

“JS2 noted that many persons were arbitrary arrested and held in horrific conditions following the riots in the English-speaking regions of country. JS2 urged Cameroon to work with the judicial system to ensure detention periods are not excessive, subject the conduct of arrests to strict conditions and to ensure that national criminal legislation on arrest is compatible with international human rights standards.” (Para. 23; emphasis added.)

“Plateforme EPU pointed out that some individuals are still being held illegally in prisons in the wake of the crisis in the English-speaking parts of the country.” (Para. 24; emphasis added.)

“SCAPAC indicated that English language was excluded in courts and that Anglophones have been deprived of access to justice and an effective justice remedy. SCAPAC further noted that many Anglophone detainees are not informed of the charged for which they were accused. (Para. 26; emphases added.)

“JS7 noted that in 2017, the government ordered the suspension of internet services in the Northwest and Southwest Anglophone regions of Cameroon, following the protest against the dominance of French language in Cameroon. It recommended that Cameroon refrain from shutting down internet communication, take actions to adopt a law on access to information and further implement legal safeguards to prevent unlawful surveillance.” (Para. 28; emphasis added.)

“JS2 and JS5 noted that Cameroon continues to show high levels of intolerance towards human rights defenders who are critical of the government, especially in the context of the Anglophone crisis.” (Para. 31; emphasis added.)

“Amnesty International noted that Cameroon have continued to restrict the rights to freedom of expression, association and peaceful assembly, in particular during the protests in the Anglophone regions.” (Para. 32; emphasis added.)

“The Committee to protect journalist (CPJ) regretted that criminal defamation legislation against journalist continues to exist in Cameroon. CPJ noted that Cameroon is using the anti-terror law to prosecute journalist in military court, in particular since the unrest in English-speaking regions. It was concerned by the overly broad provisions of the law and the potential abuse of political opponents and the right to freedom of expression.” (Para. 33; emphasis added.)

“SCAPAC noted that Cameroon has taken measures to exclude Anglophones from participation in government and employment in the public services and to shut down the internet in the South in violation to the right to free speech and access to information. It recommended to release journalists and to ensure a favorable climate for the activities of human rights defender. The Law Society of England and Wales found it regrettable that the anti-terrorism law is used to bring proceeding against human rights defenders. It recommended that Cameroon should respect the rights to freedom of association and assembly and provide human rights defenders the protection required to carry out their functions. Plateforme EPU made the same observations on the counter-terrorism law and expressed concern about the law’s adverse effects on freedom of expression.” (Para. 35; emphasis added.)

“CPJ also noted that Cameroon led an internet shutdown in the English-speaking regions and suspended broadcast permission for several Medias. It recommended Cameroon to ensure an environment conducive to press freedom by revising the antiterrorism law and decriminalizing defamation. It further recommended that Cameroon ensure that arrests and detention comply with international human rights law and to maintain internet access across the entire country.” (Para. 36; emphasis added.)

In the context of the government’s response to the Anglophone crisis, Front Line Defenders reported the deteriorating environment for the activities of human rights defenders in Cameroon. It also noted that human rights defenders were victims of threats, intimidation, smear campaigns and physical attacks.87It regretted the adoption of the antiterrorism law, which further increase the chance for human rights activist to be charged in military courts and to face the death penalty. It also noted the continued violation of freedom of assembly. Front Line Defenders urged Cameroon to review and amend the 2014 anti-terrorism law to ensure that its provisions are not used to restrict freedom of expression or association and to take actions to put an end to the arbitrary arrest and detention of human rights defenders. It further recommended that Cameroon guarantee the exercise of the right to freedom of peaceful assembly and a safe environment for human rights defenders by ending the harassment against human rights defenders and bringing perpetrators to justice. Plateforme EPU made the same observations concerning infringements of freedom of expression and of the rights of human rights defenders.” (Para. 37; emphases added.)

“The Southern Cameroons Public Affairs Committee further indicated that Anglophones have been marginalized and assimilated in the sphere of education. It recommended to protect linguistic heritage of the Anglophones and ensure that education is adapted to their cultural heritage.” (Para. 44; emphasis added.)

Advance Questions for Cameroon[4]

 The following advance questions were submitted by other Council members:

Member Questions
Belgium 1.Does Cameroon plan to sign and ratify the UN human rights conventions to which it is not yet party?

2.Does the Cameroonian Government plan to ratify the Rome Statute of the International Criminal Court, the APIC or align its national legislation with the Rome Statute?

3.In the previous UPR, Belgium recommended that Cameroon investigate cases of police violence against persons because of their actual or perceived sexual orientation. What measures has the Cameroon authorities taken in this regard?

4. How does the Cameroonian government guarantee freedom of expression on the Internet in all parts of the country?

5. Does the Cameroonian government intend to continue the de facto moratorium on the execution of the death penalty, including the application of the anti-terrorism law?

6. What measures is the Government of Cameroon taking to put an end to the escalation of violence, arbitrary arrests and ill-treatment of State agents in the English-speaking areas of the country, and to ensure that after an independent investigation and impartial, those responsible are prosecuted and victims get redress? (Emphasis added.)

Brazil 1.The Committee on the Elimination of Discrimination against Women (CEDAW) has expressed concern about the persistence of gender-based violence. What efforts is Cameroon planning to make to address this situation and improve the socio-cultural status of women?

2.What measures is Cameroon taking to protect children from sexual exploitation, violence, and early or forced marriages?

Germany 1.In the past, repeated allegations for violating human rights have been made against the security forces of Cameroon. How does the government ensure that human rights standards are met by the police and the military? (Emphasis added.)

2.What position does the Cameroonian government have towards international criminal law? Will there be any steps to ratify the Rome Statute in the near future?

3.The humanitarian situation in Cameroonian prisons has worsened in recent years due to progressive overcrowding. What measures is the Cameroonian government planning to improve in the short and medium term?

Liechtenstein 1.What steps has Cameroon taken to ratify the Rome Statute in its 2010 version?

2.What steps has Cameroon taken to join the Code of Conduct regarding Security Council action against genocide, crimes against humanity or war crimes, as elaborated by the Accountability, Coherence and Transparency Group (ACT)?

Portugal 1.Does Cameroon plan to sign and ratify the UN human rights conventions to which it is not yet party?

2.Has the State under review established a “national mechanism for implementation, reporting and follow-up” covering UPR recommendations, but also recommendations / observations made by the Treaty Organs? Human Rights, Special Procedures and relevant regional mechanisms? If so, could the State under review briefly share its experience in establishing such a mechanism, including difficulties encountered and lessons learned, as well as plans or needs for strengthening the mechanism in the future?

Slovenia 1.With regard to our recommendation from the 2nd cycle of the UPR on the elimination of female genital mutilation, we would like to request information on the efforts taken by the government in this regard.

2.When will the government establish the minimum age for marriage as 18 for both girls and boys?

United Kingdom

of G.B. & N. I

1.What steps has the government of Cameroon taken to complete an investigation into security forces’ handling of peaceful student protest at the University of Buea on 29 November 2016, to hold to account those responsible and to support victims?  (Emphasis added.)

2.What steps will the government of Cameroon take to address human trafficking, particularly of young women, for forced labor and sexual exploitation?

3.What steps is the government of Cameroon taking to ensure fair trials for Anglophone detainees and separatist leaders extradited from Nigeria who have been held incommunicado since January this year?  (Emphasis added.)

4.What steps is the government taking to promote freedom of expression, including improving access to information and ensuring a free media.

Conclusion

This blogger’s Cameroonian friends have emphasized that their Francophone brothers and sisters constitute roughly two-thirds of the population and control the central government; that Francophone teachers who do not know the English language are being sent into schools in the Anglophone areas of the country and forcing students to take examinations in the French language which they do not know; that Francophone judges who do not know the English language and the laws of the Anglophone areas are also being sent into these areas and deciding cases under French-language laws; and that the central government’s military forces are being sent into Anglophone areas and destroying villages and crops, thereby forcing those individuals to flee into nearby cities.

As a result, this post has emphasized the allegations of human rights violations being suffered by the Anglophones.

Future posts will examine the hearing and the final report.

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[1] U.N. Hum. Rts. Council, National report: Cameroon (Mar. 5, 2018) https://documents-dds-

[2] U.N. Hum. Rts. Council, Compilation on Cameroon: Report of the Office of the U.N. High Commissioner for Human Rights (Mar. 12, 2018).

[3] U.N. Hum. Rts. Council, Summary of Stakeholders’ submissions on Cameroon (Feb. 28, 2018).

[4] U.N. Hum. Rts. Council, Advance Questions to Cameroon (First Batch); U.N. Hum. Rts. Council, Advance Questions to Cameroon (Second Batch).

 

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.

 

Advance Questions for Cuba in Its Universal Periodic Review by the U.N. Human Rights Council

As summarized in a previous post, Cuba’s human rights record is now undergoing its third Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. That post also discussed Cuba’s national report, submissions by stakeholders (NGO’s and others), a summary of U.N. information about Cuba and information about a pre-session hearing. Now we look at the questions submitted to Cuba in advance of the Council’s hearing on May 16 and an unusual criticism of Cuba by the U.N. High Commissioner for Human Rights along with additional background information about the Council and the UPR.

Advance Questions for Cuba[1]

 The following advance questions were submitted by other Council members:

Member Questions
Belgium 1. When does the Cuban government plan to ratify human rights conventions to which it is not yet party?

2. Does Cuba plan to extend an open invitation to the special procedures of the Human Rights Council?

3. Will Cuba respond favorably to requests for visits by the Special Rapporteurs on Human Rights Defenders and Freedom of Expression, which have been pending since 2015 and 2016?

4. Does Cuba now guarantee access to independent lawyers to all persons deprived of their liberty?

5. What concrete actions has Cuba taken to release persons deprived of their liberty for political reasons.?

Brazil 1.How does Cuba guarantee the rights of the LGBTI?

2.How does Cuba ensure the independence and impartiality of the judiciary?

Germany 1.Does Cuba plan to ratify the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights?

2.What will Cuba do to enable independent journalism?

3.Identify blogs and websites currently blocked and the reasons for same.

4.Will Cuba abolish travel restrictions for persons on parole or for those in certain professions, including the medical sector?

5.Will Cuba establish an independent national human rights institution?

Liechtenstein 1.Will Cuba ratify the Rome Statute for the International Criminal Court in its 2010 version?

2.Will Cuba join the Code of Conduct for U.N. Security Council action against genocide, crimes against humanity or war crimes?

Malta 1.What steps has Cuba taken to increase the effectiveness of control by the people of the activities of States bodies, elected representatives and civil servants.?
Portugal 1.How does Cuba coordinate the implementation of UPR recommendations that it accepts?

2.How does Cuba coordinate the implementation of recommendations/observations by U.N. human-rights Treaty bodies and Special Procedures and by regional mechanisms?

Slovenia 1.Provide more information on how non-governmental organizations operate in Cuba and details on any consultation process with them.
Spain 1. Is Cuba reforming its Law on Associations and the Electoral Law to promote a higher level of inclusion and social participation?

2. Which multilateral instruments on Human Rights does Cuba plan to sign and/or ratify?

Sweden 1.Provide more information on Cuba’s prevention of trafficking in persons.

2.Provide more information on Cuba’s effort to improve internet access.

3.Has Cuba denied exit visas for human rights defenders and ndependent civil society members?

4.How will Cuba secure free and unrestricted travel for all of its citizens?

Switzerland 1.What did Cuba do to guarantee free and open participation of all citizens in its last election?

2.How many Cuban citizens were candidates in the election “without being a member of an officially recognized Cuban institution [e.g. Communist Party]?

3.Is Cuba broadening the list of legal private businesses (cuentapropistas)? Is Cuba reviewing the definition of cuentapropistas to include self-declared human rights organizations, independent journalists and bloggers and community-based organizations?

4.Will Cuba amend its constitution to eliminate the subordination of the Supreme court to the National Assembly and to the Council of Ministers?

5.How is the Cuban Criminal Code’s concept of “pre-criminal social dangerousness” interpreted?

6.How do families have transparent and open information about a family member who is a temporarily detained as an alleged criminal?

United Kingdom 1.Will Cuba allow the development of independent political parties, including their legal registration and participation in future elections?

2.How does Cuba ensure that all Cubans are able to participate fully in political and electoral processes?

3.Will Cuba end laws and policies that apparently give primacy to the principle of national unity?

4.Will Cuba move towards international independent verification of the condition of its prisons and detention facilities?

5.Will Cuba bring its laws into compliance with international human rights standards on freedom of expression, association and assembly?

U.S.A. 1. Will Cuba ensure that members of the political opposition, including independent candidates, can participate freely and without threats?

2. When will Cuba allow members of Ladies in White and all other citizens to exercise their rights to peaceful assembly and freedom of expression, religion and association?

3. How does Cuba ensure that those responsible for violations and abuses of human rights and labor rights (including members of the police, military and security services) are investigated and held responsible?

4. Will Cuba respect the rights of peaceful assembly and freedoms of assembly, expression and association of members of the Independent Union Association of Cuba and all other workers and representatives?

5. How is Cuba promoting access to information and access to an Internet that is open, interoperable, reliable,  secure and affordable to its citizens?

 

U.N. High Commissioner’s Criticism of Cuba[2]

At a May 11 press briefing, a spokeswoman for the U.N. High Commissioner for Human Rights released statements of concerns about human rights in Cuba and four other countries. Here is what was said about Cuba:

“There are deeply worrying reports that officials in Cuba have prevented a number of human rights defenders and civil society representatives from boarding flights to travel to meetings abroad on the pretext of requiring more detailed identity checks. These measures have resulted in passengers missing their flights and therefore the meetings, which in some cases were organised by a UN entity.”

“So far this year, the UN Human Rights Office has received direct information relating to 14 cases of Cubans being told by officials that the computer system required extra screening. We are also aware of reports that dozens of other people may have been stopped in this way from travelling, allegedly with no explanation by the Cuban authorities as to why they were held up nor on whose orders”

“These cases suggest that these additional checks are being used deliberately as a form of intimidation, pressure and harassment against certain individuals. Civil society organizations have also told us that they were informed verbally by the authorities that their representatives would not be allowed to leave the island before June.”

“We have previously expressed our concern at the harassment and intimidation of human rights defenders in Cuba, including the arbitrary arrest and short-term detention of individuals, particularly before, during and just after demonstrations. “

“We call on the Cuban authorities to respect everyone’s right to freedom of expression and to freedom of movement, and to ensure that human rights defenders and civil society representatives are not unjustifiably prevented from travelling, including those planning to attend UN meetings, in particular the Universal Periodic Review of Cuba on 16 May in Geneva.”

“Article 13 of the Universal Declaration of Human Rights states that, ‘everyone has the right to leave any country, including his own, and to return to his country.”’Article 19 of the Universal Declaration states that ‘everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’”

“The UN Secretary-General presents an annual report to the Human Rights Council on intimidation and reprisals, and in October 2016 the Assistant Secretary-General for Human Rights, Andrew Gilmour, was designated to lead the monitoring and response to reprisals for cooperation or intimidation, including that which aims to discourage or prevent future co-operation with the UN system. Cuba was among the countries named in the last two reports.”

“The UN Human Rights Office will continue to monitor such cases to ascertain whether they merit inclusion in the next report.”

U.N. Human Rights Council Membership[3]

The Council is made of 47 U.N. Member States, which are elected by the majority of members of the U.N. General Assembly through direct and secret ballot. The General Assembly takes into account the candidate States’ contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard.

The Council’s Members serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The seats are allocated on the following geographical basis:

  • African States: 13 seats
  • Asia-Pacific States: 13 seats
  • Latin American and Caribbean States: 8 seats
  • Western European and other States: 7 seats
  • Eastern European States: 6 seats

The current members include Cuba and the United States, both of whose terms expire on December 31, 2019, while Venezuela is also a member with its term expiring on December 31, 2018.

Council’s UPR Working Group for Cuba’s UPR[4]

The UPRs are conducted by the Council’s 47 members acting as an UPR Working Group. In addition, any other U.N. Member State can take part in the review.

Each State’s review is assisted by a groups of three States, known as a “troika,” who serve as rapporteurs. The selection of the troikas for each State is done through a drawing of lots following elections for the Council membership in the General Assembly

For Cuba’s third UPR the Troika members are Egypt, Nepal and Peru.

The May 16 hearing will last three and a half hours, during which the state under review is given 70 minutes to present its report, as well as answer questions made by other states and present concluding remarks. The remaining 140 minutes are allocated to states participating in the review to ask questions, make comments and recommendations to the state under review.

The second stage of the process will be take place during the Council’s 39th period of sessions in September 2018, at which time the final report will be presented by the Troika.

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[1] U.N. Hum. Rts. Council, Advance Questions for Cuba (First Batch); U.N. Hum. Rts. Council, Advance Questions for Cuba (Second Batch); Hum. Rts. Council, Advance Questions for Cuba (Third Batch).

[2] U.N. High Comm. Hum. Rts., Press briefing note on Yemen, Cambodia, Cuba, Nicaragua and Montenegro (May 11, 2018); The UN denounces the blockade of the Cuban regime on the departure of human rights defenders, Diario de Cuba (May 11, 2018).

[3] U.N. Hum. Rts. Council, Background on Council Membership; U.N. Hum. Rts. Council, Current Council Members.

[4] U.N. Hum. Rts. Council, Basic facts about the UPR; U.N. Hum. Rts. Council, List of Troikas (20th Session).