human rights – dwkcommentaries

Former Cuban Judge: Cuba Uses Criminal and Administrative Law To Violate Citizens Rights

Former Cuban Judge, Edel Gonzalez Jimenez, says that Cuba’s second highest prison rate in the world is “typical of a system of law in which the sanctioning element prevails over compliance with citizens’ rights and the duties of the State.”

“When a State lacks material and financial resources, and its own policies for social inclusion, it generally resorts to the use of brute force. The use of brute force in a State is not well regarded by the international community or by its own citizens.”

“That is why we have seen that since 2019 (in Cuba) norms have been issued that regulate violations in practically all scenarios of human conduct: in the workplace, in the exercise of self-employment, in public spaces.”

In Cuba there is a “proliferation of informal garbage dumps and the lack of containers, despite the fact that citizens are required not to dump waste on public roads. Furthermore, in a country where the population needs foreign currency to travel outside the country and even to cover basic needs, the State penalizes the purchase and sale of foreign currency between individuals, despite the fact that it is not capable of selling these currencies to citizens.”

The Government’s need for foreign currency and money has led to the arrest of people who have some foreign currency to “ provisional imprisonment, the confiscation of all the money that is seized and exemplary prison sentences.”

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The Cuban regime uses ‘criminal and administrative law’ to exercise violence against its citizens, Diario de Cuba (Jan. 10, 2024).

Cuban Churches Helping Cubans Through Dire Times

On November 20, the Alliance of Christians of Cuba issued a declaration signed by over 60 Cuban religious organizations that criticized the Cuban Government’s failure to respect human rights, especially religious freedom.[1] Now one of its members (Teo Babun, the President and CEO of Outreach Aid to the Americas, a nonprofit religious organization) has reiterated that claim.[2] Here is what he said:

“We are witnessing severe difficulties and strive to bring hope to the most vulnerable: the elderly, children, women, men, and family members of political prisoners who suffer the absence of their loved ones simply for exercising their rights.”
“Churches have long been a lifeline for the average Cuban. A midst economic collapse and natural disasters, foreign ministries have provided humanitarian aid through church networks, distributing food, medicine and even toys.”
Yet, their support goes beyond meeting material needs. Since 2018, the evangelical community has spearheaded initiatives opposing totalitarian policies and advocating for political prisoners. Rooted in faith, these actions have made churches targets of government reprisal.”
“International organizations, including the United Nations Human Rights Council, Amnesty International and Christian Solidarity Worldwide (CSW), have documented the ongoing persecution of religious leaders in Cuba. CSW reports harassment, threats, fines, and imprisonment of clergy.”
“Children of faith are bullied in schools, and congregations are pressured to ostracize families of political prisoners. Both registered and unregistered religious groups — representing most Cuban Protestants — operate under constant threat.”
“The Cuban government projects a facade of religious tolerance through state-controlled entities like the Cuban Council of Churches. Behind the scenes, the Office of Religious Affairs (ORA), an arm of the Communist Party, wields unchecked power to regulate religious organizations, restrict foreign travel and approve worship construction. This tight control suppresses independent faith groups, leaving them vulnerable and marginalized.”
“The ACC Declaration laments these restrictions, particularly as Christmas approaches, a time when churches traditionally mobilize to provide hope and assistance. The grim reality is clear: 89% of Cubans live in extreme poverty, and over 1,000 political prisoners languish in cells, denied even the basic right to religious visits.”
“Cuba’s crises extend far beyond religious persecution. Economic hardship, food and medicine shortages, energy instability, and a collapsing transportation system have created a humanitarian emergency.”
“The Central Bank’s depleted reserves, coupled with skyrocketing inflation, have rendered basic necessities unaffordable for most families. Prolonged blackouts and failing infrastructure worsen an already dire situation.”
“Adding to the strain is a mass exodus of Cubans. Over the past decade, the population has declined from 11.5 million to 10 million. This loss of confidence in governance—even among officials—has left the country teetering on the brink of collapse.”
“Despite these challenges, there is hope. The Cuban people’s deep spiritual commitment is a testament to their resilience. While the government seeks to control faith, it cannot suppress the determination of individuals who place their belief in God above the state.”
“The international community must act. We call for the immediate release of political prisoners, including those jailed for their religious beliefs. Systematic reforms are necessary to restore dignity and freedom in Cuba. Faith-based organizations, international advocacy groups, and democratic nations must amplify their efforts to monitor religious freedom and support the Cuban people’s quest for justice.”
“As we observe Human Rights Month, let us remember Cuba’s faithful who continue to light candles of hope in the darkness. Their courage is a reminder that faith is a powerful force for change, even in the face of repression. Together, we can work toward a future where freedom of belief is not a privilege but a universal right.”

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[1] Alliance of Christians of Cuba‘s Criticism of the Cuban Government’s Failure To Respect Human Rights and Religious Freedom, dwkcommentaries.com (Nov. 21, 2024).

[2] Babun, Churches are helping Cubans through dire times, Miami Herald (Dec. 18, 2024).

Cuban Human Rights Organizations Denounce Imprisonment of Protesters

On December 5, the Christian Democrat Organization of America and one of its members (the Christian Democratic Party of Cuba) issued a letter to Miguel Díaz-Canel, the President of Cuba, that was delivered to the Cuban Embassy in Madrid, Spain.[1]

This letter stated, “Cuba, as a nation with a rich history of struggle for dignity and human rights, deserves to move towards a model in which respect for fundamental freedoms and justice are unshakeable pillars of public life. In this regard, we consider that the existence of political prisoners represents a serious violation of human rights and an obstacle to the dialogue and national reconciliation that the Cuban people so need and deserve.”

“Men and women imprisoned for expressing their ideas or participating in civic actions are citizens who have exercised universal rights such as freedom of expression, assembly and association, which must be guaranteed without exception.”

“We firmly believe in human dignity and in dialogue as a way to build a better future. Therefore, we make this call in a spirit of respect and with the conviction that the freedom of political prisoners would be a significant gesture towards reconciliation and a commitment to the well-being of the Cuban people.”

The presidents of this organization and of the Christian Democratic Party of Cuba said that they lamented the death in prison of the young 11J protester Manuel de Jesús Guillén Esplugas and denounced the situation of opposition leader José Daniel Ferrer, the target of another brutal beating on November 18.

Also on December 4, another organization (the Cuban Observatory for Human Rights (OCDH)) “denounced the deaths of four peaceful 11J protesters in prison : Guillén Espuglas, Luis Barrios Díaz, who died after irregularities and negligence on the part of the prison authorities in relation to his serious health situation; Yosandri Mulet Almarales, who died on August 26, 2024, in the Julio Trigo hospital in Havana , after having tried to take his own life four days earlier, during a pass; Gerardo Díaz Alonso, 35 years old, died on October 17, 2024, after suffering a heart attack.”

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[1] The Christian Democratic Organization of America calls on the regime to release Cuban political prisoners, Diario de Cuba (Dec. 6, 2024).The Christian Democrat Organization of America, which was organized in 1947 is an international organization made up of 29 political parties, groups, and associations in North America and South America that promote the principles of Christian humanism. Currently, there are 30 member political parties in 21 countries with a constituency representing 30% of all registered voters in Latin America and 10% of the entire population of the region. Each of the member parties is different, sometimes having differing views of Christian democracy itself. Some of the member parties are in government in their country, others are in the coalition government, and others are not in government. (Christian Democrat Organization of America, Wikipedia.)

Amnesty International’s Critical Report on Cuban Human Rights

On April 24, Amnesty International released its annual report on human rights in the world. [1] The following is its critical section on Cuba (pp. 142-44).

[INTRODUCTION]

“Repression of dissent continued asactivists, political opponents and journalistswere harassed, persecuted and imprisoned.Human rights defenders faced obstaclesand attacks, and some continued to beincarcerated without due process. The economic and humanitarian crisis continued with shortages of food, fuel and electricity. Discrimination remained prevalent, affecting Afro-descendants,women and girls, LGBTI people, politicaldissidents, and members of religious communities.”

“BACKGROUND”

“Cuba lacked a national human rightsinstitution in compliance with the ParisPrinciples, the country remained closed to international human rights organizations, and the international media faced obstacles in monitoring the trials of political dissidents.In November, the EU and Cuba held their fourth human rights dialogue, at which the EU expressed concern over detentions and lengthy prison sentences related to protests in July 2021 (see below, Repression of dissent). The year saw the implementation of a new Penal Code that retained the death penalty, as well as provisions that limited human rights and were used to silence and imprison activists.”

“REPRESSION OF DISSENT”

“Surveillance and harassment of activists, opponents, journalists and artists continued to be widespread. Arbitrary detention and criminal processes without fair trial guarantees remained common and people deprived of liberty faced harsh prison conditions. At least 793 people remained in detention in relation to their participation in the islandwide protests of 11 July 2021, according to the organization Justicia11J. On 6 May, the government reacted with excessive force against people protesting at the poor living conditions and lack of human rights in Caimanera municipality, Guantánamo province. Law enforcement officials used physical violence, and at least five demonstrators were arbitrarily detained, according to the Inter-American Commission on Human Rights, which condemned the pattern of repression. On 26 May, the Cuban legislature approved a law on social communication that continued the ban on privately owned media and established abusive restrictions on public information and internet use. The law granted the government power to order telecommunications providers to stop servicing users who published information deemed harmful to public order or morality. José Daniel Ferrer García, a political activist and opposition leader, in prison since July 2021 when he was also subjected to enforced disappearance, was held incommunicado while his health declined. At the end of the year, he was still deprived of his liberty. Police commonly issued summons for journalists and activists to be interrogated in relation to their lawful activities. In May,reporter Yeris Curbelo Aguilera was interrogated by state security forces after covering the protests in Caimanera municipality.”

“HUMAN RIGHTS DEFENDERS”

“Human rights defenders and activists continued to be harassed, attacked and criminalized. On 14 February, state security agents arrested Josiel Guía Piloto at his home in Havana. He had previously been arbitrarily detained in 2011 due to his political dissent. At the time of his arrest, he was on hunger strike in protest at the constant harassment and surveillance to which he was beings ubjected. The government continued to incarcerate artists and prisoners of conscience Luis Manuel Otero Alcántara and Maykel “Osorbo” Castillo Pérez, who were sentenced in 2022 to five and nine years in prison, respectively, in a legal process that did not respect fair trial guarantees. Their physical and mental integrity was at risk due to harsh prison conditions, violence by other detainees, and poor medical care. The authorities rejected the recommendation by governmental medical staff to release Loreto Hernández García from prison due to his frail health. Spouses Loreto Hernández García and Donaida Pérez Paseiro, both Black activists, priests and leaders of the Free Yoruba Association of Cuba, are prisoners of conscience, detained since 2021 for peaceful participation in island-wide protests. During 2023, Loreto Hernández García’s health deteriorated and both prisoners faced obstacles in communicating with their families.”

“ECONOMIC, SOCIAL AND CULTURAL RIGHTS”

“The economic and humanitarian crisis continued, with shortages of essential goods.People struggled to find enough food, fuel shortages made transportation less accessible, and blackouts were ongoing throughout the year. In May, the government stated that essential imports of fuel, food and farm produce were affected by the economic crisis. The government reiterated the critical situation in September when further blackouts were forecast. The economic crisis affected the health system and there were reports of shortages of medical supplies and medicines, as well as fewer medical staff being available. In April, the Inter-American Commission on Human Rights expressed its concerns in a report on labour and union rights in Cuba and found significant challenges. The commission detailed job insecurity, lack of health and safety measures, unjustified dismissals on the grounds of political opinion, violations of the right to freedom of association, and lack of recognition of the right to strike, among other concerns.”

“DISCRIMINATION”

“Discrimination persisted, affecting in particular Afro-descendants, women and girls, LGBTI people, political dissidents, and members of religious communities. Afro-descendants continued to suffer the consequences of systemic and historical racism. Activists reported that racial inequalities persisted, creating racial disparities in political representation, access to adequate housing, and employment, among other rights. The state did not collect and publish data on racial inequalities disaggregated by race and ethnicity. Gender-based discrimination continued. Lawmakers failed to include femicide as a crime in the Penal Code, while local NGOs and journalists registered the deaths of at least 86 women in what appeared to be gender-based attacks.”

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[1] Surveillance, arbitrary arrests, unfair trials, prison abuses: Cuba in the Amnesty International report, Diario de Cuba (April 24, 2024);

Amnesty International, The State of the World’s Human Rights: April 2024.

U.S. Criticism of Cuba’s Labor Export Program

On April 3, 2024, the U.S. State Department’s Office To Monitor and Combat Trafficking in Persons published its critical report on Cuba’s Labor Export Program.[1]

U.S. Summary of Cuban Labor Export Program[2]

“Each year, the Cuban government sends tens of thousands of workers around the globe under multi-year cooperation agreements negotiated with receiving countries. According to reporting from the Cuban government, there were roughly 28,000 workers in over 60 countries by the end of 2021. The greatest number of Cuban workers in foreign countries are medical professionals. The COVID-19 pandemic increased the need for medical workers in many places around the world, and the Cuban government helped fill the gap by increasing the number of its medical workers abroad, including through the use of its Henry Reeve Brigade, which Cuba first initiated in 2005 to respond to natural disasters and epidemics. There are serious concerns with Cuba’s recruitment and retention practices surrounding this program, exacerbating workers’ vulnerability to being subject to forced labor. In the 2023 TIP report, the Department carefully documented government-affiliated Cuban workers’ current or recent presence in 56 countries around the world. According to the Cuban government, medical professionals compose 75 percent of its exported workforce. Experts estimate the Cuban government collects $6 billion to $8 billion annually from its export of services, principally the foreign medical missions’ program.”

“The conditions of each medical mission vary from country to country. However, in 2021, 1,111 former participants filed a complaint with the International Criminal Court and the UN, claiming the Cuban government exploited them and forced them to work in the labor export program. The complaint stated 75 percent of these participants did not volunteer for the program, 33 percent never saw a contract, 69 percent did not know their final destination, 38 percent had their passport confiscated by Cuban officials once they arrived at their destination, 76 percent had “minders” and were subjected to surveillance, 76 percent could not freely associate with locals, 79 percent had restrictions on their movement, 91 percent were told they could not return to Cuba if they defected, 75 percent suffered threats or witnessed coworkers being threatened, and 40 percent were separated from their children as punishment for defecting. Many medical professionals reported being sexually abused by their Cuban government supervisors. While the medical missions remain the most prevalent, the government profited from other similarly coercive labor export programs, including those involving teachers, artists, athletes and coaches, engineers, forestry technicians, and nearly 7,000 merchant mariners across the world.”[3]

“The Cuban Ministry of Interior labels workers who do not return to the island upon completing their assignment as “deserters,” a category that under Cuban immigration law deems them as “undesirable.” The government bans workers labeled as “deserters” and “undesirables” from returning to Cuba for eight years, preventing them from visiting their family in Cuba. In addition, the government categorizes Cuban nationals who do not return to the country within 24 months as having “emigrated.” Individuals who emigrate lose all their citizen protections, rights under Cuban law, and any property left behind. These government policies and legal provisions, taken together, coerce workers and punish those seeking to exercise freedom of movement. A report published by the UN Committee on the Rights of the Child noted concern over Cuba’s policy to prohibit parents who terminated a civilian contract abroad from reuniting with their children. According to an international NGO, by 2021, the Cuban government had sanctioned 40,000 professionals under these provisions, and in 2022, there were approximately 5,000 children forcibly separated from their parents due to the government’s policies surrounding the program.”

U.S. Recommendations to Cuban Government [4]

This U.S. report made the following recommendations about this program to the Cuban government:

“Remove existing protocols used by the Ministry of Interior punishing and labeling medical workers who terminate their employment in foreign countries as “deserters.”
Revise Cuban immigration law currently labeling and punishing those who don’t return to Cuba after departing an international mission as “undesirable.”
Cease banning workers labeled as “deserters” or “undesirable” from returning to Cuba.
Allow former participants who terminate their employment to return to Cuba without punishment or retribution.
Allow workers to review proposed employment contracts with a reasonable time to consider the agreement.
Compensate workers fairly and similarly to other foreign workers in their country of destination.
Allow government-affiliated workers to befriend locals and move freely without supervision.
Cease the separation of families as punishment for terminating civilian contracts abroad.
Allow workers complete control of their personal passport and professional certifications.”

Reactions

On April 3, 2024, “Three Cuban-American congressmen announced . . . a series of measures that seek to prohibit . . . the granting of visas to anyone involved in “the exploitation of Cuban doctors.”[5]

The U.S. previously has made similar criticisms of the Cuban Labor Export Program, all to no avail.[6]

Although Cuba has an obvious economic incentive for its Labor Export Program, especially in its current economic problems, the above criticisms of the Program are justified and Cuba should end same.

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[1] State Dep’t, Trafficking in Persons and Cuba’s Labor Export Program (April 3, 2024).

[2] The State Department report also summarized a 2021 complaint by 1,111 former participants about this Cuba program with the International Criminal Court and the U.N., but did not discuss what happened with this complaint.

[3] The International Criminal Court apparently has made no decision on this complaint, presumably because its jurisdiction is limited to crimes of genocide, crimes against humanity (large scale attacks against a civilian population involving murder, rape, imprisonment, enforced disappearances, enslavement, sexual slavery, torture, apartheid and deportation), grave breaches of the Geneva conventions on armed conflict and armed aggression. (Iint’l Crim. Ct., The Crimes.

[4] The State Department report also made recommendations to workers in the Cuba program and to governments hosting such workers.

[5] The US will not give visas to officials involved in the trafficking of exported Cuban doctors, Diario de Cuba (April 3, 2024),

[6] Here are some of the previous dwkcommentaries posts on this subject: U.S. Accuses Cuba of Being a State Sponsor of Trafficking in Persons (Jan. 18, 2018), Cuba Remains on “Tier 2-Watch List” in U.S. State Department’s Annual Trafficking in Persons Report (July 1, 2018); State Department Unjustly Downgrades Cuba in Annual Report on Human Trafficking (June 22, 2019); U.S. Unjustified Campaign To Discredit Cuba’s Foreign Medical Mission Program (Sept. 4, 2019); U.S. Litigation Over Cuba Medical Mission Program (Feb. 12, 2020), U.S. State Department’s Latest Report on Cuban Human Rights (April 15, 2022); U.S. Accuses Cuba of Being a Sponsor of Trafficking in Persons (Jan. 18, 2024),

U.S. State Department Official Visits Cuba

Between February 20 and 23, Kerri Hannan, the U.S. Deputy Assistant Secretary for Public Diplomacy, Policy, Planning and Coordination of the Office of Western Hemisphere Affairs, visited Cuba and “met with civil society and emphasized the United States’ support for human rights.”

‘She met with independent Cuban businessmen to learn about the challenges they face and demonstrate the United States’ continued support for the Cuban people and the Cuban private sector. She also met with Cuban government officials and insisted on the release of political prisoners.” [1]

This visit “prioritized interactions with marginalized communities, including Afro-Cubans and human rights activists. By amplifying [their] voices and defending [their] rights, she reaffirmed America’s commitment to upholding the universal principles of dignity and equality.”

In addition, by “meeting with independent Cuban business owners, Deputy Undersecretary Hannan learned firsthand how they provide food, supplies, employment and economic opportunities to the Cuban people. She explored with them how the U.S. government can boost Cuba’s independent private sector with exchanges and other aid.”

Hannan is a career member of the Senior Foreign Service and also covers issues related to the People’s Republic of China for the Bureau of Western Hemisphere Affairs. Previously she had posts in Luxembourg, Bolivia, Argentina and India, as well as Spokesperson at the U.S. Embassy in Kabul. She has an undergraduate degree in zoology and a master’s degree in Latin American Studies with a concentration in Tropical Conservation and Development from the University of Florida.[2]

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[1] U.S. Embassy in Havana, Deputy Undersecretary Kerri S. Hannan Visits Havana (Feb. 23, 2024); US Undersecretary Kerri Hannan exchanges with Cuban authorities and private businessmen, Diario de Cuba (Feb. 26, 2024).

[2] U.S. State Dep’t, Biography: Kerri Hannan.

Expansion of U.S. State Department’s Integrated Country Strategy for Cuba

A prior post discussed the portions of the State Department’s undated (but approved 5/27/22) Integrated Country Strategy for Cuba that set forth the following two of ‘three key priorities:” (1) “supporting Cubans seeking to exercise their universal human rights;” and (3) “encouraging the growth of an empowered, innovative, and inclusive Cuba.” [1]

Since then the Department has reissued that ICS for Cuba (again without a date (other than stating they also had been approved 5/27/22)) with additional sections for (2) Mission Strategic Framework; (3) Mission Goals and Objectives; and (4) Management Objectives.[2] Here is a discussion of those first two additional sections.

Mission Strategic Framework

For Mission Goal 1 (Advance human rights in Cuba), this document listed the following as Mission Objectives:

1.1: “Promote respect for human rights and support human rights activists.”

“Justification: With hundreds of Cubans facing decades-long prison sentences for peaceful protests in 2021, the cause of promoting respect for human rights and raising global awareness about those arbitrarily imprisoned by the regime is as desperately needed as ever. Creating space, through our support and advocacy, for them to do their work is vital. This includes Cuba’s independent media, which is under constant threat.”
“Risks: The Cuban government actively represses human rights activists with threats, fines, and arbitrary detentions. It uses every authoritarian tactic at its disposal to block both U.S. and international efforts to foster basic respect for universal human rights. Persistent engagement and support for these individuals is essential and helps mitigate the great personal peril they face for their activism.”

1.2: “Identify and engage the next generation of Cuban civil society leaders in support of their democratic aspirations”

“Justification: Cuba’s future will be determined by its youth. To build a future with greater economic and political freedoms, they need to remain connected with each other and the outside world. In contrast, the regime actively attempts to frustrate those efforts and to condemn its youth to de-facto exile or imprisonment simply for publicly expressing dissent.”
“Risks: Cuba does not permit a civil society to exist independent of Communist Party control. Members of civil society organizations, the independent press, and similar interests live under constant threat.”

For Mission Goal 3 (Encourage the growth of an empowered, innovative, and inclusive Cuban society), this subsequent document listed the following as one of the Mission Objectives:

“3.1 Support the development of private economic activity and encourage a more open economy through engagement with entrepreneurs and private businesses.”

“Justification: Cuba’s route to a more prosperous future lies in the innovation and enterprise of the Cuban people. U.S. economic outreach is designed to support and empower Cuba’s private sector innovators, as they seek new pathways to prosperity, through programs that build their capacity and link them with the broader global economy.”
“Risks: For many years, Cuban reforms to permit and foster private economic activity have followed a pattern of slow implementation, insufficient measures, followed by periods of retrenchment. One of the many factors that constrains Cuba’s economic growth is the risk that any private sector reforms could (and have been) easily be rescinded.”

Reactions

As expressed in the prior post on this subject, the logical, complicated structure of the Department’s Integrated Country Strategy makes one wonder whether such complexity will interfere with the Department’s meeting the constantly changing, complex problems of the world and whether the Department’s costs for doing this for every country in the world is a waste of money.

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[1] U.S. State Department’s Integrated Country Strategy for Cuba, dwkcommentaries.com (Feb. 16, 2024).

[2] U.S. State Department, Integrated Country Strategy for Cuba (Approved May 27, 2022).

Should the U.S. Modify Its Stance Against the Taliban in Afghanistan?

As discussed in a prior post, on August 22, 2023, the U.N. Assistance Mission in Afghanistan (UNAMA) reported that since the Taliban takeover of Afghanistan in August 2021, it had committed at least 800 human rights violations against Afghans who had assisted the U.S. In addition, that U.N. agency also noted that the Taliban had imposed the most radical gender policies, denying education and employment to millions of Afghan women and girls. [1]

Nevertheless, Graeme Smith, an analyst at the Crisis Group who has worked in that country since 2005 and who recently spent several months there, has said, “Most of the stuff we want to do [in that country] requires working with the Taliban.” In addition, in an article in Foreign Affairs, Smith urged western governments and institutions “to establish more functional relationships with the Taliban” that could include assistance with Afghanistan’s electricity grid, banking system and water management. Other experts and humanitarian groups have urged the U.S. to provide the Taliban with direct economic assistance to alleviate the country’s desperate poverty and hunger.[2]

Some positive points about the Taliban also emerged at a late July meeting of the U.S. State Department’s special representative for that country, Thomas West, and other U.S. officials with Taliban officials in Qatar. There was discussion of the country’s “declining opium poppy production and promising economic and counterterrorism actions and that there was openness to a technical dialogue regarding economic stabilization issues soon.” Note also was made of “recent [Afghan] data indicating declining inflation, growth of merchandise exports and imports.”[3]

At this U.S.-Taliban meeting, however, the U.S. also criticized the Taliban and the country’s “deteriorating human rights situation . . ., particularly for women, girls and vulnerable communities,” and its detentions, media crackdowns and limits on religious practices.

A New York Times columnist, Michael Crowley, also wonders whether the U.S. should modify its opposition to the Taliban while pointing out other positive aspects of Taliban rule: fears of an Afghan civil war have not materialized, and the Taliban apparently have prevented a return of a terrorist group that might threaten the U.S. and have cracked down on corruption and banned opium poppy cultivation. [4]

Reactions

These voices of moderation and practicality deserve consideration, especially if the U.S. could obtain Taliban cooperation on allowing peaceful removal of Afghans who had assisted the U.S. The successful implementation of these ideas might well lead to subsequent adoption of other partial measures of positive change.

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[1] U.N. Agency Reports Afghan Human Rights Violations Against Former U.S. Partners, dwkcommentaries.com ( Aug. 26, 2023).

[2] Smith, The World Has No Choice But to Work With the Taliban, Foreign Affairs (Aug. 11, 2023)

[3] U.S. State Department, Meeting of U.S. Officials with Taliban Representatives, (July 31, 2023); U.S. State Department, Thomas West, Special Representative for Afghanistan and Deputy Assistant Secretary, Bureau of South and Central Asian Affairs.

[4] Crowley, Two Years After Afghanistan Exit, Biden Resists Calls for More Taliban Contact, N.Y. Times (Aug. 30, 2023).

UN Counterterrorism Expert Reports That Conditions at U.S. Guantanamo Detention Facility Are Cruel and Inhuman

On June 14, 2023, the U.N. Human Rights Council’s Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism submitted her 24-page, single-spaced report on her four-day visit to the U.S. detention facility in Guantanamo Bay, Cuba.

Summary of the Report[1]

According to the Special Rapporteur, there are “serious concerns about the continued detention of 30 men and the systematic arbitrariness that pervades their day-to-day, bringing severe insecurity, suffering, and anxiety to all, without exception.” Moreover, “Every detainees she met with lives with unrelenting, ongoing harms following from systematic practices of rendition, torture, and arbitrary detention. For many, the dividing line between past and present is exceptionally thin and past experience of torture lives in the present, without any obvious end in sight, including because they have received no independent, holistic, or adequate torture rehabilitation.”

“Despite the depth, severity, and evident nature of many detainees’ current physical and psychological harms, the detention infrastructure entails near-constant surveillance, forced call extractions, undue use of restraints, and other arbitrary, non-human rights compliant operating procedures stemming from inadequate training, structural healthcare deficiencies, inadequate access to family, including the failure to facilitate meaningful communication; and arbitrary detention characterized by sustained fair trial violations. The totality of these practices and omissions have cumulative, compounding effects on detainees’ dignity and fundamental rights, and a mounts to ongoing cruel, inhuman, and degrading treatment. Closure of the facility remains a priority.”

Before this trip to Guantanamo, the Special Rapporteur had “met with repatriated and resettled detainees and their families as well as government personnel in other countries [and had] identified serious shortcomings in the provision of the essential means that former detainees need to live a dignified life, including legal identity, health care, education, housing, family reunification, and freedom of movement. She found that these shortcomings contravened U.S. international law obligations, engaged before, during, and after transfer, including as regards non-refoulment—obligations of a more specific and compelling form when the individual has been tortured in its custody, requiring guarantee of adequate torture rehabilitation. . . .[In short,] the U.S. Government does not have an adequate system to address the well-being of those transferred, or the failure of governments to respect their rights.”

Therefore, “the U.S. Government must ensure accountability for all international law violations, for victims of counter-terrorism and victims of terrorism. . . . The time is now to undo the legacies of exceptionalism, discrimination, and secularization perpetuated by Guantanamo’s continuing existence.”

U.S. Response to this Report[2]

The Biden Administration released a one-page document saying that the current detainees “live communally and prepare meals together; receive specialized medical and psychiatric care; are given full access to legal counsel; and communicate regularly with family members.”

The Administration also said that this report’s findings “are solely only her own” and the U.S. “disagrees in significant respects with [her] many factual and legal assertions” but that the U.S. will carefully review her recommendations.

Details on the Special Rapporteur[3]

Pursuant to appointment as Special Rapporteur by the U.N. Human Rights Council, Ms. Fionnuala Ni Aolain, took up her duties on August 1, 2017. She also concurrently is Regents Professor and Robina Professor of Law, Public Policy and Security at the University of Minnesota Law School and Professor of Law at the Queens University, Belfast, Northern Ireland.

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[1] U.N. Human Rights Special Procedures, Technical Visit to the United States and Guantanamo Detention Facility by the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism (June 14, 2023); U.N. Human Rights Council, UN counterterrorism expert concludes visit to the United States and Guantanamo detention facility (June 22, 2023); U.N. Human Rights Council, Expert welcomes historic visit to United States and Guantanamo detention facility and affirms rights of victims of terrorism and victims of counter-terrorism (June 26, 2023); Rosenberg, Conditions at Guantanamo Are Cruel and Inhuman, U.N. Investigation Finds, N.Y. Times (June 26,2023); Pilkington, U.S. subjects Guantanamo Bay detainees to ‘cruel’ treatment, UN says after visit, Guardian (June 27, 2023); Lederer (AP), Guantanamo detainees tell first independent visitor about scars from torture and hopes to leave, StarTribune (July 6, 2023); Pilkington, US must urgently treat men tortured at Guantanamo, UN investigator says, Guardian (July 7, 2023).This blog contains many posts that comment on Guantanamo. (List of Posts to dwkcommentaries—Topical: CUBA [as of 5/4/20]. See also https://dwkcommentaries.com/?s=Guantanamo.

[2] Rosenberg op cit.; Lederer, op. cit.

[3] University of Minnesota Law School, Fionnuala Ni Aolain. This blogger co-taught an international human rights course at the University of Minnesota Law School with three professors, including Ms. Ni Aolain. (My Call Stories, dwkcommentaries.com (Mar. 4, 2019); Teaching the International Human Rights Course, dwkcommentaries.com (July 1, 2011).

U.S. State Department’s Latest Report on Cameroon Human Rights

On April 12, 2022, the U.S. State Department released its 2021 Country Reports on Human Rights. This report is the latest annual report for nearly five decades that “strive[s] to provide a factual and objective record on the status of human rights worldwide.” The 2021 report covers 198 countries and territories. [1]

Cameroon Human Rights[2]

Here is the outline of the details on the status of various human rights in each of the 198 countries and territories, including Cameroon:

Section 1. Respect for the Integrity of the Person

Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
Disappearance
Torture and Other Cruel, Inhuman, or Degrading treatment or Punishment
Arbitrary Arrest or Detention
Denial of Fair Public Trial
Arbitrary or Unlawful Interference with Privacy, Family, Home, Or Correspondence

Section 2. Respect for Civil Liberties

Freedom of Expression, Including for Members of the Press and Other Media
Freedom of Peaceful Assembly and Association
Freedom of Religion
Freedom of Movement and the Right To Leave the Country
Status and Treatment of Internally Displaced People
Protection of Refugees

Section 3. Freedom to Participate in the Political Process

Section 4. Corruption and Lack of Transparency in Government

Section 5. Governmental Posture Towards International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Section 6. Discrimination and Societal Abuses

Section 7. Worker Rights

Executive Summary of Cameroon Human Rights

The report on Cameroon begins with the following Executive Summary.

“Cameroon is a republic dominated by a strong presidency. The president retains power over the legislative and judicial branches of government. The ruling political party, the Cameroon People’s Democratic Movement, has remained in power since its creation in 1985. The country held legislative elections in February 2020 that were marked by irregularities. The ruling party won 152 of 180 National Assembly seats. Paul Biya has served as president since 1982. He was last reelected in 2018 in an election marked by irregularities.”

“The national police and the national gendarmerie are responsible for internal security. The former reports to the General Delegation of National Security and the latter to the Secretariat of State for Defense in charge of the Gendarmerie. The army shares some domestic security responsibilities; it reports to the minister delegate at the presidency in charge of defense. The Rapid Intervention Battalion reports directly to the president. Civilian and military authorities did not maintain effective control over the security forces. There were credible reports that members of the security forces committed numerous abuses.”

“Casualties rose in the Anglophone crisis in the Northwest and Southwest Regions. Anglophone separatists used improvised explosive devices with greater success. ISIS-West Africa increased attacks in the Far North Region. The government continued to crack down on the opposition Cameroon Renaissance Movement, and in December several of its members were sentenced to prison for terms ranging from one to seven years following protests in 2020.”

“Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by the government and nonstate armed groups; forced disappearances by the government; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government and nonstate armed groups; harsh and life-threatening prison conditions; arbitrary arrests or detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; punishment of family members for offenses allegedly committed by an individual; serious abuses in a conflict, including abductions and unlawful recruitment and use of child soldiers by nonstate armed groups; serious restrictions on freedom of expression and media, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, and criminal libel laws; substantial interference with the right of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental organizations and civil society organizations; serious restrictions on freedom of movement; inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; serious government corruption; lack of investigations and accountability for gender-based violence; trafficking in persons; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons; and the existence or use of laws criminalizing same-sex sexual conduct between adults.”

“Although the government took some steps to identify, investigate, prosecute, and punish officials who committed human rights abuses or corruption, it did not do so systematically and rarely held public proceedings. Impunity remained a serious problem.”

“Armed separatists, Boko Haram and ISIS-West Africa, and criminal gangs also committed human rights abuses, some of which were investigated by the government.”

Conclusion[3]

Commenting on this report, U.S. Secretary of State Antony Blinken said governments around the world, including Russia and China, grew more repressive last year. One example was the increasingly brazen way governments were “reaching across borders to threaten and attack critics” while some governments such as Cuba, Egypt and Russia were quick to lock up critics at home. Blinken also noted there had been “a serious erosion of human rights” in Afghanistan.

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[1] U.S. State Dep’t, 2021 Country Reports on Human Rights (April 12, 2022).

[2] U.S. State Dep’t, 2021 Country Reports on Human Rights Practices: Cameroon (April 12, 2022).

[3] Crowley, U.S. Report Describes a Global Retreat on Human Rights and Democracy, N.Y. Times (April 12, 2022);U.S. State DRyan, Human rights and democracy eroding worldwide, U.S. finds, Wash. Post (April 12, 2022).