El Salvador Perspectives: A strong rebuke for El Salvador on human rights*   

The United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein,  had tough words for El Salvador in his concluding statement this week, highlighting many areas where the country falls short of international human rights standards.  Here is a selection of his comments.

On extra-judicial killings:

There are also alarming reports of extrajudicial killings and the return of death squads. No matter how serious the human rights violations committed by violent gangs, all perpetrators of violence need to be held fully accountable for their actions through judicial mechanisms. Victims on all sides deserve justice.

On prison conditions:

The Extraordinary Security Measures… have placed thousands of people in prolonged and isolated detention under truly inhumane conditions, and with prolonged suspension of family visits. The vulnerability of these inmates is highlighted by an outbreak of tuberculosis, affecting more than a thousand inmates, with several hundred also said to be suffering from malnutrition. I called on the President to end the extraordinary measures and grant international independent organisations, including my Office, access to these detention centres.

On internal displacement:

I heard how the high levels of violence have seriously affected people’s lives, and I noted how such violence is increasing forced displacement within El Salvador and migration. To fully address this growing problem, the Government needs to recognise that it is happening.

On violence against women:

El Salvador has the awful distinction of having the highest rate of gender-based killings of women and girls in Central America – a region where femicide is already regrettably high, as is impunity for these crimes.

On the country’s extreme abortion law:

I am appalled that as a result of El Salvador’s absolute prohibition on abortion, women are being punished for apparent miscarriages and other obstetric emergencies, accused and convicted of having induced termination of pregnancy.

On Thursday morning, I visited the Ilopango detention centre for women on the outskirts of San Salvador and had the privilege to speak to women who were convicted of “aggravated homicide” in connection with obstetric emergencies and as a result are serving 30 years in prison. I have rarely been as moved as I was by their stories and the cruelty they have endured. It only seems to be women from poor and humble backgrounds who are jailed, a telling feature of the injustice suffered.

I call upon El Salvador to launch a moratorium on the application of article 133 of the Penal Code, and review all cases where women have been detained for abortion-related offences, with the aim of ensuring compliance with due process and fair trial standards. Should it be found their cases were not compliant, I appeal for the immediate release of these women. To establish compliance, my Office has proposed that such a review could be established by presidential decree and be carried out by an expert executive committee composed of national and international members. I asked the Government to act on this proposal and indicated the readiness of my Office to assist. This is in line with the recommendations by the Committee on the Elimination of Discrimination against Women.

On impunity for human rights abuses during the civil war:

But despite the valiant efforts of civil society and victims’ groups, only three out of more than 100 criminal complaints brought over the years have so far been reopened. Left uninvestigated and unpunished, the crimes of the past fuel patterns of violence that poison the present and can undermine the future of a society. The past and the present are a continuum, I was told in my meeting with NGOs. The victims of the past are suffering still.

On attacks on human rights advocates and journalists:

I was struck by the dedication and courage of human rights defenders and journalists in El Salvador, who face threats, intimidation and smear campaigns. I urge the authorities to investigate these attacks and to establish effective means of ensuring their protection.

On LGBTI violence:

Similar action is needed to tackle the high rate of impunity for hate crimes against LGBTI persons, especially transgender women. As one civil society representative said: “There is no public policy for us, just institutional violence.”

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*This is a re-posting with consent of El Salvador Perspectives’ November 18, 2017 post of the same name (http://www.elsalvadorperspectives.com/2017/11/a-strong-rebuke-for-el-salvador-on.html). As noted in a previous post to dwkcommentaries, we learned on November 15, 2017, that Spain’s criminal case over the 1989 murders of the Jesuit priests and two women in El Salvador will be proceeding against at least one of the former Salvadoran military officers who soon will be extradited from the U.S. to Spain, and the Jose Simeon Canas Central American University, where the murdered priests lived and worked and were murdered, will be asking for Salvadoran prosecutors to do the same for the 15 other former officers who have been charged with that crime and who are living in El Salvador.

 

 

 

 

Developments Regarding Morocco’s Human Rights

Morocco’s human rights and other issues have been explored in previous posts. Here then is an update on recent updates on the country’s human rights.

An article in the Washington Post reports, “Last month , the Moroccan Parliament once again debated legislation long sought by women’s rights activists here that would make it a crime to harass a woman in public, whether physically or verbally. Under the latest proposal, a conviction could draw a month to two years in prison. But the bill remains mired in political wrangling between reformers and members of the conservative parties.”[1]

The reason for the troubled status of this bill, according to this article, is “Morocco is a deeply conservative, patriarchal society with a ruling Islamic party that won handily in a parliamentary election last year.” Khadija Ryadi, former president of the Moroccan Association of Human Rights, said, “Everything that concerns women’s rights is connected to religion.” Another Moroccan, Amal Idrissi, a law professor at Moulay Ismail University in the city of Meknes, disagrees. He says the reason for the country’s failure to adopt laws protecting women’s rights is not religion. It’s patriarchy.”

More broadly, this September, according to the article, “Morocco rejected 44 of 244 recommendations made by the U.N. Human Rights Council following its latest UPR [Universal Periodic Review] . . .  of the country’s rights record. All 44 pertained to either women’s rights or individual rights, including laws that prevent women and men from inheriting equally and that deny rights to children born out of wedlock.” In so doing, “Morocco said its constitution must adhere to Islamic law — a striking illustration of the traditional and religious thinking hampering the country’s efforts to appear as a beacon of moderation in the region.”

Actually the 244 recommendations were made by various states or Morocco and “should not be construed as endorsed by the [Council’s] Working Group as a whole.”

U.N. Human Rights Council’s Latest UPR of Morocco

In September 2017, the Human Rights Council adopted a report by the Working Group on Morocco, but research to date has not located the Council’s official record of that action.[2]

However, Alkarama, a Geneva [Switzerland]-based non-governmental human rights organization established . . .to assist all those in the Arab world” who are at risk of human rights violations, published a press release about the outcome of this UPR. It stated that Morocco had accepted the majority of the recommendations (191 out of 244) while 44 were fully or partially rejected.

Human Rights Organization’s Reactions to Morocco’s UPR[3]

  1. Alkarama

Alkarama applauded Morocco’s acceptance of the majority of the recommendations, but expressed the following concerns:

  • Morocco’s rejection of recommendations by Sweden and the U.S. “for an end to “the prosecution of journalists” and “the detention of some individuals for solely exercising their freedom of expression and freedom of peaceful assembly and association.” Therefore, Alkarma called for calls for “the implementation of [these] recommendations and the immediate release of any person detained for exercising his or her right to freedom of expression.”
  • The need for Morocco to honor the promise by its Minister of State for Human Rights “to cooperate with the UN human rights mechanisms, . . . to implement the accepted recommendations starting . . . next year . . . . [and] to implement the Opinions of the UN Working Group on Arbitrary Detention . . . calling for the immediate release of victims of arbitrary detention.”
  • The need for Morocco “to ensure the independence of [the National Human Rights Council with promised expansion of powers, including the National Prevention Mechanism under [the Optional Protocol to the Convention Against Torture] as well as transparency in the selection process of its members in accordance with the Paris Principles.”
  • Morocco’s promised judicial reform “to strengthen the rule of law and the respect for fundamental rights” needs to “result in effective changes on the ground, guaranteeing everyone’s right to an effective remedy before an impartial and independent judicial body.”
  • “Moroccan authorities [need] to investigate all allegations of torture and to ensure that perpetrators are prosecuted and punished appropriately.”
  • “Moroccan authorities should re-examine and provide acceptable compensation to all victims of unfair trials following the Casablanca attacks, during which convictions were made on the basis of confessions under torture.”
  1. Amnesty International

Amnesty International’s report of that action by the Human Rights Council welcomed “Morocco’s acceptance of recommendations to criminalize marital rape, and ensure protection against domestic violence. However, Morocco’s “Draft Law 103.13 on combating violence against women does not comply with international standards in its definition of rape, and other barriers remain, such as the ban on abortion and sexual relations outside marriage.”

In addition and more broadly, Amnesty welcomed “Morocco’s commitment to remove obstacles in the registration of civil society organizations; to review the Penal Code in line with Article 9 of the International Covenant on Civil and Political Rights; and to develop measures to ensure full respect of freedom of expression, association and assembly in Western Sahara.” However, Amnesty “regrets Morocco’s rejection of recommendations to end the persecution of journalists and to release those detained solely for exercising their rights to freedom of expression.” Amnesty then went on to urge Morocco “to amend the Code of Criminal Procedure, in order to ensure the right to a fair trial, such as access to a lawyer during interrogation for all suspects.”

On another issue, Amnesty was “pleased to note Morocco’s commitment to speed up the review of the legal framework on migration and asylum to align it with the International Covenant on Civil and Political Rights.” However, “Morocco has yet to adopt legislation to protect asylum-seekers and refugees.”

Finally Amnesty noted that Morocco has not carried out any executions since 1993, but was concerned that “death sentences continue to be handed down and proposed changes to the Penal Code would expand the scope of the death penalty” and regretted “Morocco’s rejection of a number of recommendations to establish a formal moratorium on the death penalty, with a view to its abolition.”

  1. Human Rights Watch

HRW first noted positive human rights developments in the country and “acknowledged Morocco’s efforts to accede to international treaties, in particular its ratification of the International Convention for Enforced Disappearance and the Optional Protocol to the Convention against Torture . . . . [and positive] developments in advancing rights of domestic workers, victims of human trafficking, and persons with disabilities.”

On the other hand, HRW expressed concern and regret over the following:

  • The “government rejected key recommendations on important human rights concerns, [including]  “withdrawing all reservations to the Convention on Discrimination against Women; decriminalizing same-sex consensual relations; amending Penal Code provisions used to imprison journalists and others for nonviolent speech; and eliminating Family Code provisions that discriminate against children born outside of wedlock.”
  • The failure of the government to “comply with [previous UPR] recommendations it has accepted.”
  • “Morocco’s human rights record remains tainted by allegations of unjustified use of force by police against ‘Hirak’ protesters in the Rif, the systematic suppression of pro-independence demonstrations by Sahrawis in Western Sahara, and the failure of courts trying politically charged cases to scrutinize the veracity of contested ‘confessions’ to the police, contributing to trials that are unfair.”

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[1] Spinner, Morocco debates a law to protect women in public spaces. Passing it is another matter, Wash. Post (Nov. 5, 2017). See also Lahsini, Morocco Rejects Multiple UN Recommendations on Women Rights as ‘Unconstitutional,’ Morocco World News (Sept. 21, 2017).

[2] U.N. Human Rights Council, Report of the Working Group on the Universal Periodic Review—Morocco (July 13, 2017); U.N. Human Rights Council, The Kingdom of Morocco’s position on the Recommendations issues after review of its National Report under the third cycle of the universal Periodic Review (UPR), (Aug. 2017); U.N. Human Rights Council, 27th UPR adoptions to take place in September (Aug. 15, 2017); Alkarama, Morocco: UPR outcome adopted at UN Human Rights Council (Sept. 27, 2017).

[3] Alkarama, ibid.; Amnesty Int’l, Morocco: Human Rights Council Adopts Universal Periodic Review Outcome on Morocco (Sept. 21, 2017); Human Rights Watch, Morocco should implement past UPR recommendations (Sept. 21, 2017).

 

 

 

 

 

Another U.N. General Assembly Resolution Condemns U.S. Embargo (Blockade) of Cuba                                                                                                       

On November 1, 2017, the United Nations General Assembly again overwhelmingly adopted a resolution condemning the U.S. embargo (blockade) of Cuba. The vote this year was 191 to 2 (the negative votes by the U.S. and Israel), as shown in the following photograph of the Assembly’s scoreboard.[1]

Preparation for Debating the Resolution[2]

The debate on the resolution was preceded by (a) Cuba’s 47-page report, dated June 2017, on the previous U.N. General Assembly Resolution on the subject and which alleges that Cuba has sustained damages from the embargo totaling $130.2 billion (at current prices); (b) the July 26, 2017, Report of the U.N. Secretary-General containing statements in support of this year’s resolution from 32 U.N. organs and agencies and from 160 U.N. member states and 2 observers, but nothing from the U.S. and Israel, which prior to 2016 opposed similar resolutions and which abstained in 2016; (c) Cuba’s report on its achievements despite the embargo (blockade); and (d) Cuba’s report on the embargo’s impact on the country’s development.

The Actual Resolution[3]

The actual resolution, “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba” (A/RES/72/42) had two principal operative paragraphs.

It reiterated “its call upon all States to refrain from promulgating and applying laws and measures [like the U.S. embargo against Cuba] . . . in conformity with their obligations under the Charter of the United Nations and international law, which, inter alia, reaffirm the freedom of trade and navigation.” (¶ 2). It also urged “States that have and continue to apply such laws and measures to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime.” (¶ 3).

The resolution’s preamble reaffirmed “the sovereign equality of States, non-intervention and non-interference in their internal affairs and freedom of international trade and navigation, which are also enshrined in many international legal instruments” and recited the previous General Assembly resolutions against the embargo.  It then recalled “the measures adopted by the Executive of the United States [President Obama] in 2015 and 2016 to modify several aspects of the application of the embargo, which contrast with the measures announced on 16 June 2017 [by President Trump] to reinforce its implementation.”

Cuba’s Presentation of the Resolution[4]

 The resolution was presented by Cuba’s Foreign Minister, Bruno Rodriguez Parrilla. Here is the U.N.’s summary of his remarks:

  • The U.S. “new policy on Cuba was intended to take relations back to a past of confrontation.  Two thirds of the [U.S.] population, including Cuban immigrants living in the[U.S.], were in favor of lifting the blockade. Action to the contrary meant that the [U.S.] Government was acting in an undemocratic fashion.  He recalled that on 16 June, President Trump announced a series of measures intended to tighten the blockade in a hostile speech before an audience made up of staunch followers of the Batista regime, annexationists and terrorists.”
  • There was “total isolation of the [U.S.] in this room” and “without any evidence, it was using as a pretext the ailments affecting some diplomats in Havana and adopting new political measures against Cuba which further tightened the blockade.  President Trump does not have the least moral authority to question Cuba.  He is heading a Government of millionaires destined to implement savage measures against lower‑income families, poor people, minorities and immigrants. The [U.S.] had its own set of issues to deal with, including the country’s lack of guarantees in education and health, the assassination of African‑Americans by law enforcement and the brutal measures threatening the children of illegal aliens who grew up in the [U.S.]”
  • “Recalling the military interventions carried out by the [U.S.] against Cuba, he said that 60 years of domination had been ended by the triumph of the Cuban Revolution in 1959.  When Cuban President Raúl Castro Ruz and then United States President Barack Obama made their hopeful announcement in December 2014, Mr. Obama described the blockade against Cuba as an obsolete policy which had failed to meet its goals.  However, the embargo was never recognized for what it was: a massive violation of the human rights of Cubans and an act of genocide.  Citing Cuban figures, he said between April 2016 and April 2017, losses caused by the blockade to the Cuban economy had been estimated at over $4 billion. There is not a Cuban family or social service that has not suffered the deprivations resulting from the blockade.”
  • The statements of the U.S. Ambassador Nikki Haley “were disrespectful,” and the U.S. “does not have the slightest moral authority to criticize Cuba.” The U.S. Ambassador “is lying.” Now the U.S. is using “as ailments affecting some diplomats in Havana without any evidence” in order to adopt “new political measures against Cuba which further tightened the blockade.”

 Other Countries’ Statements of Support[5]

During the debate, at least 38 other countries expressed their support of the resolution.

U.S. Opposition to the Resolution

 In voting against the resolution, the U.S. Ambassador to the U.N., Nikki Haley, stated the following:[6]

  • “For over 55 years, the Cuban regime has used this debate in the [U.N.] General Assembly as a shiny object to distract the world’s attention from the destruction it has inflicted on its own people and on others in the Western Hemisphere.”
  • “Even during the Cuban missile crisis, when the Castro dictatorship allowed the Soviet Union to secretly install nuclear missiles in Cuba, the Cuban regime and its Soviet allies claimed that the real threat to peace wasn’t the missiles aimed at America. The real threat, they said, was the [U.S.’] discovery of these missiles. At the time, the U.S. Ambassador to the United Nations, Adlai Stevenson, identified the Cuban regime’s habit of pointing fingers anywhere but at itself. He said, ‘This is the first time…I have ever heard it said that the crime is not the burglar but the discovery of the burglar – and that the threat is not the clandestine missiles in Cuba but their discovery and the limited measures taken to quarantine further infection.’”
  • “Today, the crime is the Cuban government’s continued repression of its people and failure to meet even the minimum requirements of a free and just society. Our response has been to stand with the Cuban people and their right to determine their own future. For this, each year, this Assembly’s time is wasted considering this resolution. And the [U.S.] is subjected to all manner of ridiculous claims – anything to deflect attention from the regime that is actually responsible for the suffering of the Cuban people. But the [U.S.] will not be distracted. We will not lose sight of what stands between the Cuban people and the free and democratic future that is their right.”
  • “For that reason, and for the 25th time in 26 years, the United States will vote against this resolution.”
  • “One year ago, the United States abstained when voting on the same resolution. The reason given was that the continuation of the embargo was not isolating Cuba but was in fact isolating the [U.S.] It is true that we had been left nearly alone in opposition to this annual resolution. No doubt there will be some here who do not understand how we can take such opposite positions, separated by just 12 months. They will wonder how we could passively accept this resolution last year and energetically oppose it this year.”
  • “To those who are confused as to where the [U.S.] stands, let me be clear: as is their right under our constitution, the American people have spoken. They have chosen a new president, and he has chosen a new ambassador to the [U.N.]”
  • “As long as the Cuban people continue to be deprived of their human rights and fundamental freedoms – as long as the proceeds from trade with Cuba go to prop up the dictatorial regime responsible for denying those rights – the [U.S.] does not fear isolation in this chamber or anywhere else. Our principles are not up for a vote. They are enshrined in our Constitution. They also happen to be enshrined in the Charter of the[U.N.]. As long as we are members of the [U.N.], we will stand for respect for human rights and fundamental freedoms that the Member States of this body have pledged to protect, even if we have to stand alone.”
  • “The resolution before us aims to end the [U.S.’] ‘economic, commercial, and financial embargo’ against Cuba. But let’s be honest about what we really see going on here. This assembly does not have the power to end the U.S. embargo. It is based in U.S. law, which only the [U.S.] Congress can change. No, what the General Assembly is doing today – what it does every year at this time – is political theatre.”
  • “The Cuban regime is sending the warped message to the world that the sad state of its economy, the oppression of its people, and the export of its destructive ideology is not its fault.”
  • “In the spirit of sending messages, I would like to direct the rest of my comments towards the Cuban people. The American people strongly support your dreams to live in a country where you can speak freely, where you can have uncensored access to the internet, where you can provide for your families, and where you can determine your leadership. We know that many of you have been made hopeful by the opening of diplomatic relations between the [U.S.] and Cuba. That status is not changing. Our friendship and good will toward the Cuban people remain as strong as ever.”
  • “What you probably don’t know is that your government responded to this gesture of good will, not by joining in the spirit in which it was offered, but by expanding its politically motivated detentions, harassment, and violence against those who advocate for political and economic freedom in Cuba. What you cannot know because your government won’t let you know is that there were credible reports of almost 10,000 politically motivated detentions in Cuba in 2016 alone. That’s a massive increase in detentions over recent years. We had hoped our outreach to your government would be met with greater freedom for you.”
  • “Your government silences its critics. It disrupts peaceful assemblies. It censors independent journalists and rigs the economy so the government alone profits.”
  • “Your government has exported its bankrupt, destructive ideology to Venezuela. It has taught the Maduro regime how to silence journalists, crack down on the political opposition, and impoverish its people. Now, millions of Venezuelans join you in being denied their basic rights.”
  • “As we speak here today, your government is busy choosing the successor to the Castro dictatorship. It is attempting to fool you into believing you have a voice by holding local and regional so-called elections. But the process you are engaged in is not freedom. The results were determined before the first vote was cast.”
  • “When the [U.S.] abstained on this resolution last year, its decision was explained by saying, ‘We recognize that the future of the island lies in the hands of the Cuban people.’ There is a casual cruelty to that remark for which I am profoundly sorry. Regrettably, as of today, the future of Cuba is not in your hands. It remains in the hands of your dictators.”
  • “The [U.S.] opposes this resolution today in continued solidarity with the Cuban people and in the hope that they will one day be free to choose their own destiny.”
  • “We might stand alone today. But when the day of freedom comes for the Cuban people – and it will come – we will rejoice with them as only a free people can.”

The U.S. opposition was no surprise in light of the prior consistent Trump Administration’s statements supporting the embargo and the preceding request to do so from U.S. Senator Marco Rubio.[7]

Reactions to the Resolution [8]

 The day before the U.N. vote, 10 Democratic Senators wrote to President Trump urging the U.S. to abstain on the vote. The “failed embargo,” they said, has been repeatedly and publicly condemned by the international community as ineffective and harmful to the people of Cuba. The longer we maintain this outdated Cold War policy the more our international and regional credibility suffers.” Moreover, “the overwhelming majority of Americana, including Cuban-Americans, and Cubans, including Cuban entrepreneurs and many dissidents, [plus international human rights organizations] oppose the embargo and favor engagement by the [U.S.] with Cuba. These Senators were Patrick Leahy (VT), Amy Klobuchar (MN), Chris Van Hollen (MD), Sherrod Brown (OH), Elizabeth Warren (MA), Jeff Merkley (OR), Jack Reed (RI), Edward Markey (MA), Al Franken (MN) and Sheldon Whitehouse (RI).

The President of Engage Cuba, a U.S. national coalition of private companies, organizations and state and local leaders working to lift the embargo, said, “”Ambassador Haley’s comments highlight the Trump administration’s misguided approach toward Cuba. If the administration spoke to real Cubans, they would know that fears for the future are rooted in what a rollback of engagement means for their businesses, communities and families. The Trump administration seems determined to stand alone in the world, supporting an archaic policy has failed for the last 55 years. And the biggest losers are the people of Cuba.”

Conclusion

As an U.S. citizen-advocate for ending the embargo as soon as possible, I am not pleased with the U.S. opposition to this resolution and to the very hostile tone of Ambassador Haley’s remarks. I obviously regret the U.S. abandonment of last year’s abstention by the U.S. on the prior resolution.

Moreover, too many in the U.S. believe the Cuban damages claim from the embargo is just a crazy Cuban dream, but I disagree. Given the amount of the claim, Cuba will not someday tell the U.S. to forget it, nor will the U.S. write a check for Cuba in that amount. A prior post, therefore, suggested that the two countries agree to submit this claim and any other damage claims by both countries for resolution by an independent international arbitration panel such as those provided by the Permanent Court of Arbitration at The Hague in the Netherlands.

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[1] U.N. Press Release, As General Assembly Adopts Annual Resolution Urging End to United States Embargo on Cuba, Delegates Voice Concern About Possible Reversal of Previous Policy (Nov. 1, 2017) [hereafter “U.N. Press Release”]; U.N., UN General Assembly again calls for lifting US embargo against Cuba (Nov. 1, 2017); Minute by Minute: The world against the Blockade, CubaDebate (Nov. 1, 2017); Reuters, U.S. Votes Against U.N. Resolution Calling for End to Cuba Embargo, N.Y. times (Nov. 1, 2017). A prior post covered the similar resolution passed in 2016 by the General Assembly, 191-0 (with abstentions by the U.S. and Israel).

[2]  Cuba Foreign Ministry, Cuba vs. Bloqueo: Cuba’s Report on Resolution 71/5 of the United Nations General Assembly entitled “Necessity of ending the economic, commercial and financial blockade imposed by the United States of America against Cuba” (June 2017); U.N. Sec. Gen Report, Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba (July 29, 2017); Cuban report on development. Cuba’s Foreign Ministry’s website has a special section on the embargo (Cuba vs. Bloqueo), which includes a scorecard of the General Assembly votes on resolutions against the embargo (blockade), 1982-2016.

[3] U.N. Gen. Assembly, Resolution A/72/L.2 (Oct. 2017).

[4] Cuba Foreign Ministry, Cuba denounces in UN force and intensification of the US blockade (Nov. 1, 2017); U.N. Press Release.

[5] U.N. Press Release.

[6] Ambassador Haley, Remarks at a UN General Assembly Meeting on Cuba, U.S. Mission to U.N. (Nov. 1, 2017). Essentially the same message was delivered the same day by the U.S. Deputy Permanent Representative to the U.N., Ambassador Michele J. Sison. (Sison, Explanation of Vote at a UN General Assembly Meeting on the Cuba Embargo,U.S. Mission to the U.N. (Nov. 1, 2017).

[7] E.g., White House, Remarks by President Trump at the 2017 Values Voter Summit (Oct. 13, 2017); Rubio, Letter to President Trump (Oct. 19, 2017). Unsurprisingly the State Department on October 31 announced that the U.S. would oppose the resolution. (U.S. State Dep’t, Department Press Briefing-October 31, 2017.)

[8] Letter, Senators Leahy et al to President Trump (Oct. 31, 2017); Engage Cuba, Statement on U.S. Vote Against U.N. Resolution Condemning the Cuban Embargo (Nov. 1, 2017).

 

 

U.S. State Department’s Positive Assessment of Cuban Religious Freedom  

On August 15, 2017, the U.S. State Department released its annual report on religious freedom in nearly 200 countries and territories in the world. This report is a requirement pursuant to the International Religious Freedom Act of 1998, as amended; legislation that upholds religious freedom as a core American value under the Constitution’s First Amendment, as well as a universal human right. This law calls for the government to, quote, “[Stand] for liberty and [stand] with the persecuted, to use and implement appropriate tools in the United States foreign policy apparatus, including diplomatic, political, commercial, charitable, educational, and cultural channels, to promote respect for religious freedom by all governments and peoples.”[1]

The release was accompanied by remarks from Secretary of State Rex Tillerson, who said, “conditions in many parts of the world are far from ideal. Religious persecution and intolerance remains far too prevalent. Almost 80 percent of the global population live with restrictions on or hostilities to limit their freedom of religion. Where religious freedom is not protected, we know that instability, human rights abuses, and violent extremism have a greater opportunity to take root.” He specifically mentioned serious concerns about religious freedom in ISIS, Iran, Saudi Arabia, Turkey, Bahrain, China, Pakistan and Sudan. Subsequently Ambassador Michael Kozak, the Bureau of Democracy, Human Rights and Labor, conducted a telephone conference briefing with journalists.[2]

Our focus here is examining the report’s substantially positive assessment of religious freedom in Cuba in 2016.[3] A more negative evaluation of Cuba was provided earlier this year by the U.S. Commission on International Religious Freedom, an unusual, quasi-governmental group; its report about Cuba  also will be discussed before providing my own observations.

State Department’s Assessment of Cuba[4]

Religious Demography

“The U.S. government estimates the total population at 11.2 million (July 2016 estimate). There is no independent, authoritative source on the overall size or composition of religious groups. The Roman Catholic Church estimates 60 to 70 percent of the population identify as Catholic. Membership in Protestant churches is estimated at 5 percent of the population. Pentecostals and Baptists are likely the largest Protestant denominations. The Assemblies of God reports approximately 110,000 members and the Four Baptist Conventions estimate their combined membership at more than 100,000 members. Jehovah’s Witnesses estimate their members at 96,000; Methodists at 36,000; Seventh-day Adventists at 35,000; Anglicans, 22,500; Presbyterians, 15,500; Episcopalians, 6,000; Quakers, 300; and The Church of Jesus Christ of Latter-day Saints (Mormons), 100. The Jewish community estimates it has 1,500 members, of whom 1,200 reside in Havana. According to the Islamic League, there are 2,000 to 3,000 Muslims residing in the country, of whom an estimated 1,500 are Cubans. Other religious groups include Greek Orthodox, Russian Orthodox, Buddhists, and Bahais.”

“Many individuals, particularly in the African Cuban community, practice religions with roots in West Africa and the Congo River Basin, known collectively as Santeria. These religious practices are commonly intermingled with Catholicism, and some require Catholic baptism for full initiation, making it difficult to estimate accurately their total membership.”

Executive Summary

The constitution provides for freedom of religion and prohibits discrimination based on religion. The government and the Cuban Communist Party monitored religious groups through the Office of Religious Affairs (ORA) in the Ministry of Justice (MOJ) and continued to control most aspects of religious life. Observers noted that the government harassed some religious leaders and their followers, with reports of threats, detentions, and violence. Evangelical and other Protestant religious leaders reported the government threatened to expropriate some religious properties under zoning laws passed in 2015 but took no action during the year. Christian Solidarity Worldwide (CSW) reported in a January publication that there was an increase in government threats to close churches from 2014 to 2015. The majority was related to government threats to close churches belonging to Assemblies of God congregations, but the Assemblies of God and the government were able to reach an agreement which enabled the churches to stay open. Religious groups reported a continued increase in the ability of their members to conduct charitable and educational projects, such as operating before and after school and community service programs, assisting with care of the elderly, and maintaining small libraries of religious materials. Multiple high-level leaders from Catholic, Protestant, and minority religious groups agreed the religious freedom environment had improved compared to past years.” (Emphases added.)[5]

There were no reports of significant societal actions affecting religious freedom.” (Emphasis added.)

“U.S. embassy officials met with officials from the ORA to discuss the registration process for religious organizations and inquire about the rights of nonregistered groups to practice their religion. Embassy officials also met with the head of the Council of Cuban Churches (CCC), an officially recognized organization that has close ties to the government and comprises most Protestant groups, to discuss their operations and programs. The [U.S.] Ambassador at Large for International Religious Freedom and the [U.S.] Special Representative for Religion and Global Affairs met with leaders of Catholic, Protestant, and minority religious groups to discuss the religious freedom environment in the country. The embassy remained in close contact with religious groups, including facilitating exchanges between visiting religious delegations and religious groups in the country. In public statements, the U.S. government called upon the government to respect the fundamental freedoms of its citizens, including the freedom of religion.”

U.S. Commission’s Evaluation of Cuba[6]

On April 26, 2017, the Commission released its 2017 report on religious freedom in 36 countries and one region, in contrast to the nearly 200 countries covered by the State Department. The Commission’s nine unpaid, part-time commissioners are appointed by various federal government officials supported by an ex-officio non-voting member (U.S. Ambassador David Saperstein), an executive director, four directors, an executive writer, five policy analysts, one researcher and four administrative staff, all based in Washington, D.C. It apparently has an annual budget of only $ 3.5 million.[7]

The 36 countries (and one region) evaluated by the Commission fall into the following three groups:

  • The 16 countries that the Commission believes constitute “countries of particular concern” (CPC) or “any country whose government engages in or tolerates particularly egregious religious freedom violations that are systematic, ongoing, and egregious” and that the Commission recommends that the State Department so designate. (Pp. 3-4)
  • The 12 countries that the Commission believes constitute “Tier 2 nations in which the violations engaged in or tolerated by the government are serious and characterized by at least one of the elements of the ‘systematic, ongoing, and egregious’ CPC standard;” Cuba is one of these 12 countries (Pp. 3-4)
  • The 8 other countries and one region that the Commission has monitored, but are not deemed to be CPC or Tier 2. (Pp. 3-4)

For Cuba, the Commission’s “Key Findings” were the following: “During the reporting period, religious freedom conditions in Cuba continued to deteriorate due to the government’s short-term detentions of religious leaders, demolition of churches, and threats to confiscate churches. In addition, the Cuban government harasses religious leaders and laity, interferes in religious groups’ internal affairs, and prevents—at times violently—human rights and pro-democracy activists from participating in religious activities. The Cuban government actively limits, controls, and monitors religious practice through a restrictive system of laws and policies, surveillance, and harassment. Based on these concerns, USCIRF again places Cuba on its Tier 2 in 2017, as it has since 2004.” (P. 134)

Almost all of the specifics that purportedly underlie these Key Findings relate to churches affiliated with the Apostolic Movement;[8] Assemblies of God churches, which the State Department reports had settled its problems with the Cuban government; the Western Baptist Convention; and the detentions of Ladies in White protestors (pp. 136-38). Apparently, the Commission’s discussion of Cuba is based in whole or in part on reports by Christian Solidarity Worldwide, which has headquartered in the United Kingdom with offices in Washington, D.C. and Brussels, Belgium and which only obtained U.N. accredited consultative status after eight years by the U.N. Economic and Social Council in April 2017 by a vote of 28-9 with 12 abstentions.

Purportedly based on these Key Findings, the Commission made certain recommendations to the federal government (p. 134).

Conclusion

I believe that the State Department’s assessment on Cuba is more reliable than that from the U.S. Commission, as a mere comparison of their respective reports and as the mere listing of the various religious groups active on the island in the Department’s report should demonstrate.

Moreover, the Department has experienced diplomats in Cuba who met during the year with various Cuban government and religious officials supplemented by visits to Cuba by Washington, D.C. Department officials with responsibility for assessing religious freedom around the world. In contrast, the Commission is a very small organization with limited resources in Washington, D.C. without personnel in Cuba or visits to Cuba and that apparently has focused on a small number of Cuban churches, some of which apparently are affiliated with a little-known church in California and with apparent reliance on a little-known U.K. group that only recently received U.N. accredited consultative status by a divided vote.

The Department’s assessment also is supported by my personal experience.

Over the last 15 years as a member of Minneapolis’ Westminster Presbyterian Church I have been actively involved in our partnerships with a small Presbyterian-Reformed Church in the city of Matanzas on the north coast of Cuba and with the national Synod of that church. I have been on three church mission trips to Cuba to visit our partner and other Presbyterian-Reformed churches and its campimento (camp) on the island, the ecumenical seminary in Matanzas (Seminario Evangelico de Teologia), Havana’s office of the Council of Cuban Churches and Havana’s Ebenezer Baptist Church and its affiliated Martin Luther King, Jr. Center and Pastor Rev. Raúl Suárez, who has served in Cuba’s legislature (National Assembly of People’s Power).

I also have welcomed and discussed Cuban religious life with Cuban members and pastors on their visits to Minneapolis, including Rev. Dra. Ofelia Miriam Ortega Suárez, the Directora of Havana’s Instituto Cristiano de Estudios Sobre Gênero and a member of Cuba’s legislature (National Assembly of People’s Power). In addition, I have heard from other Westminster members and pastors about their trips to Cuba. This includes some Westminster members who have been involved in installing clean water systems in Cuban Presbyterian-Reformed churches through the Living Waters for the World Ministry of the Synod of Living Waters of the Presbyterian Church (U.S.A.), our denomination, and a Westminster member is now the Moderator of the Cuba Network Coordinating Team for that organization.[9]  Finally I read widely about Cuba, especially its relations with the U.S. and its religious life.

These connections have been very important to me personally and to others at Westminster as we stand in solidarity with our Cuban brothers and sisters. I also was impressed and moved by Pope Francis’ encouragement of U.S.-Cuba normalization and reconciliation in 2013-2014 and his pastoral visits to Cuba and the U.S. in 2015.[10]

I, therefore, believe that at least in the 21st century there has been an ever-increasing role for, and freedom of, religion in Cuba as this poor country struggles to improve the spiritual and economic welfare of its people. I also believe that Westminster and other U.S. churches’ partnering with Cuban churches and people along with Pope Francis’ witness have been God’s servants aiding, and continuing to aid, these encouraging changes.

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[1] U.S. State Dep’t, Preface: International Religious Freedom Report for 2016 (Aug. 15, 2017); U.S. State Dep’t, Overview and Acknowledgement: International Religious Freedom Report for 2016 (Aug. 15, 2017).

[2] U.S. State Dep’t, Secretary Tillerson: Remarks on the 2016 International Religious Freedom Report (Aug. 15, 2017); Special Briefing: Ambassador Michael Kozak, Bureau of Democracy, Human Rights, and Labor (Aug. 15, 2017).

[3] Other posts have discussed the State Department’s and the U.S. Commission on International Religious Freedom’s previous assessments of Cuban religious freedom along with comments by others and the international law regarding freedom of religion; they are listed in the “Cuban Freedom of Religion” section of List of Posts to dwkcommentaries—Topical: Cuba.

[4] U.S. State Dep’t, International Religious Freedom Report for 2016: Cuba (Aug. 15, 2017).

[5] This positive development was emphasized in the body of the Cuba report, which stated, “Religious groups reported their leaders continued to travel abroad to participate in two-way exchanges between local faith-based communities and those in other countries. The majority of religious groups continued to report improvement in their ability to attract new members without government interference, and a reduction in interference from the government in conducting their services.”

[6] U.S. Comm’n Int’l Religious Freedom, 2017 Annual Report (April 26, 2017); Press Release: USCIRF Releases 2017 Annual Report (April 26, 2017).

[7] Grieboski, The Case for Pulling the Plug on the US Commission on  International Religious Freedom, Huffpost (Dec. 18, 2011); Press Release: Rubio Celebrates Signing Of U.S. Commission On International Religious Freedom Reauthorization Act Into Law (Oct. 15, 2015).

[8] The Apostolic Movement apparently is headquartered in San Diego, California as “a Fivefold Ministry organization headed by an Apostolic team of Fivefold Ministers . . .[with] a mandate from God the Father through the Lord Jesus Christ, to go and prepare the Body of Christ for the final move of God . . . [by finding] the Hidden Warriors whom He has hidden away, waiting for the time of their manifestation [based upon the belief that] God has reserved for Himself apostles, both men and women, who are not currently visible or part of the Status Quo Church System.”

[9] A brief discussion of these Westminster connections with Cuba occurs in this blog post: Praise God for Leading U.S. and Cuba to Reconciliation (Dec. 22, 2014).

[10] See the blog posts listed in the “Pope Francis Visits to Cuba & U.S., 2015” in List of Posts to dwkcommentaries—Topical: CUBA.

U.S. State Department Unjustly Continues To Allege That Cuba’s Foreign Medical Missions Engage in Forced Labor 

As noted in a prior post, the U.S. State Department on June 27, 2017, issued its annual report on human trafficking, and Its discussion of Cuba (pp. 143-45) included the allegation that Cuba had engaged in illegal forced labor with its foreign medical mission program.

This allegation has been present in previous annual reports, some of which have been discussed in other posts.[1]

Report Regarding Cuba’s Alleged Forced Labor in Its Foreign Medical Missions

The latest report observes, presumably correctly, that the Cuban penal code does not criminalize forced labor. Therefore, the report, also presumably correctly, states that Cuba “did not make efforts to identify or protect victims of forced labor” and  “did not report having procedures to identify victims of forced labor.”

In addition, the report says, presumably correctly, “The government is the primary employer in the Cuban economy, including in foreign medical missions that employ more than 84,000 workers in more than 67 countries, including Bolivia, Brazil, Colombia, and Venezuela. These medical missions constitute a signficant source of Cuban government income.”

Implicitly conceding that there was conflicting evidence, this report said, “Some participants in foreign medical missions as well as other [unnamed] sources allege that Cuban officials force or coerce participation in the program; the [Cuban] government has stated the postings are voluntary, and some participants also have stated the postings are voluntary and well paid compared to jobs within Cuba.” (Emphases added.)

This report continued, “The Cuban government acknowledges that it withholds passports of overseas medical personnel in Venezuela due to security concerns; the government provided ID cards to such personnel in place of passports. There are also claims about substandard working and living conditions in some countries. In the past, there have been claims that Cuban authorities coerced participants to remain in the program, including by allegedly withholding their passports, restricting their movement, using “minders” to monitor participants outside of work, or threatening to revoke their medical licenses or retaliate against their family members in Cuba if participants leave the program.“ (Emphasis added.)

“In 2015, Cuba reinstituted restrictions on travel for specialized doctors and some medical personnel, requiring them to obtain an exit permit from their superiors before leaving the country. On September 9, 2015, the government agreed to reinstate medical personnel who had left their positions while abroad. As of April 1, 2016, the Cuban authorities claimed that 274 medical professionals who returned to Cuba and were rehired at the same salary and level of responsibility they had before leaving. More recent data was not available.”

This report, consistent with prior reports, alleges or assumes that Cuba is engaged in illegal forced labor of Cuban medical personnel in foreign medical missions and that Cuba does not recognize forced labor as a possible issue affecting its nationals in medical missions abroad.

Analysis of the Allegation

This U.S. allegation is flawed for at least the following seven reasons.

First, while previous reports admitted that “information on the scope of . . . forced labor in Cuba is limited,” the latest report admits there is conflicting evidence about whether medical personnel’s participation in the foreign mission program is coerced and that the Cuban government denies such illegal coercion.

Second, most of this report’s recitation of alleged facts about the foreign mission program do not relate to, or substantiate, the forced labor allegation.

Third, “Internationalist medical aid has been a longstanding part of the Cuban people’s tradition of solidarity, since the beginning of the Revolution. As early as 1960 a brigade was sent to Chile following an earthquake there, and to Algeria in 1963, to support the new country recently liberated from colonialism.” At least four Cuban doctors who have participated in such missions have recorded how they treasure the positive impact of those experiences on their professional and personal lives.[2]

Fourth, the accusation of forced labor for such participants has been rejected in a detailed study by Indiana State University’s Emeritus Professor of International Politics and Latin America, Dr. H. Michael Erisman.  He says, although there may be “some cases where . . . [Cuban medical professionals] are pressured into accepting overseas assignments, . . . most evidence indicates that the overwhelming majority are motivated by philosophical and/or pragmatic considerations. In the first instance, one needs to understand that the Cuban medical profession . . . is permeated by norms which stress self-sacrifice and service to the community, both at home and abroad. At the core of this ethos is the principle, which is firmly entrenched in the curriculum of the island’s medical schools and reinforced throughout one’s career, that health care should not be seen as a business driven by a profit motive, but rather as a human right that medical personnel have an unconditional duty to protect. Such convictions often underlie participation in the medical aid brigades. There are, however, also some pragmatic factors that can come into play. Overseas service could . . . help to further one’s professional aspirations and for some assignments the total remuneration involved is more generous than what is available back in Cuba. . . . [T]hese are the considerations which apply to the vast majority of people” in such programs, not involuntary servitude.[3]

Fifth, relevant to this issue, but not mentioned in the Report, is the fact that medical education in Cuba (at the Latin American School of Medicine) is free. As a result requiring medical graduates to pay the country back by such participation seems entirely appropriate and may indeed be a contractual or quasi-contractual obligation. The recent $67 monthly salary for Cuban physicians in Cuba compared with the $24 or $27 monthly income of other Cubans is a result of Cuba’s adoption of a “pyramid” compensation system whereby highly trained workers like physicians earn more than lower-skilled workers like busboys. This system, however, is being undermined by lower-skilled workers like gas-station attendants and waiters earning additional income from stealing and illegally selling gasoline and from earning tips in hard currency at restaurants and hotels serving foreign tourists. Indeed, Raúl Castro in his speech at the April 2016 Congress of the Communist Party of Cuba called this the “inverted pyramid” problem that had to be solved.[4]

Sixth, this Report and its predecessors do not cite to the relevant international legal definition of “forced labor” to assess this claim or set forth any legal analysis purportedly supporting the allegation. This is not surprising as international law does not support this allegation.

Most pertinent is the Forced Labour Convention, 1930, which Cuba and 177 other state members of the International Labour Organization have ratified (as of 2016). The U.S., however, has not so ratified, yet another reason why the U.S. charge is inapt.

This treaty’s  Article 2(1) preliminarily defines  “forced or compulsory labour” as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily,” But there are five exceptions to this definition set forth in the treaty’s Article 2(2). One such exception, in subsection (b), states  ”the term forced or compulsory labour shall not include . . .  any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country.” (Emphases added.)[5]

Cuba clearly is a “fully self-governing country” and the participants in the foreign medical missions are Cuban “citizens,” and as previously stated, such participation is regarded as “part of the normal civic obligations” of such citizens with the appropriate medical qualifications. Thus, under the most relevant statement of international law, Cuba has not engaged in illegal forced labor with respect to the foreign medical missions.

Seventh, there has not been any fair adjudicative process that has determined that such illegal coercion exists.

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[1] Relevant posts to dwkcommentaries.com: U.S. Upgrades Cuba in State Department’s Annual Report on Human Trafficking (Aug, 7, 2015); U.S. Reasserts Upgrade of Cuba in Annual Human Trafficking Report (July 2, 2016); U.S. Senate Hearing on on 2016 Trafficking in Persons Report (July 20, 2016).

[2]  Ledn, Cuban doctors share their experiences in internationalist missions, Granma (Nov. 26, 2015).

[3] Erisman, Brain Drain Politics: the Cuban Medical Professional Parole Programme, Int’l J. Cuban Studies  269, 286-87 (2012).

[4] Raul Castro Discusses Socio-Economic Issues in Report to Seventh Congress of Communist Party of Cuba, dwkcommentaries.com (April 19, 2016).

[5] This and other parts of the definition of “forced or compulsory labour” were reaffirmed in Article 1(3) of the Protocol of 2014 to the Forced Labour Convention, 1930.

Cuba’s Unchanged Status in U.S. State Department’s Annual Report on Human Trafficking        

The U.S. Trafficking Victims Protection Act of 2000, among other things, establishes a definition of “human trafficking” and requires the Department of State to issue annual reports on such conduct in every country of the world.

The latest such report was issued on June 27, 2017.[1] Upon its issuance Secretary of State Rex Tillerson noted that the preamble to the Act states, “The purpose of this act is to combat trafficking in persons, a contemporary manifestation of slavery, whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect the victims. As the 21st century begins, the degrading institution of slavery continues throughout the world.” Other remarks were provided by Ivanka Trump, Advisor to the President; and Susan Coppedge, Ambassador-at-Large, Office to Monitor and Combat Trafficking in Persons.[2]

Background

“The Department places each country in this Report onto one of four tiers, as mandated by the TVPA. This placement is based not on the size of the country’s problem but on the extent of governments’ efforts to meet the TVPA’s minimum standards for the elimination of human trafficking.”

The top tier (Tier 1) consists of “governments [according to the Department’s judgment that] fully meet the [Act’s] . . . minimum standards.” However, that ranking “does not mean that a country has no human trafficking problem or that it is doing enough to address the problem. Rather, a Tier 1 ranking indicates that a government has acknowledged the existence of human trafficking, has made efforts to address the problem, and meets the TVPA’s minimum standards. Each year, governments need to demonstrate appreciable progress in combating trafficking to maintain a Tier 1 ranking. Indeed, Tier 1 represents a responsibility rather than a reprieve. A country is never finished with the job of fighting trafficking.” The latest report has 36 countries, including the U.S., in Tier 1.

Tier 2 consists of those countries “whose governments do not fully meet the TVPA’s minimum standards, but are making significant efforts to meet those standards.” For the latest report 80 countries were placed in Tier 2.

Tier 2 Watch List this year has 68 countries, including Cuba, “whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards AND: (a) the absolute number of victims of severe forms of trafficking is very significant or is significantly increasing; (b) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year; or (c) the determination that a country is making significant efforts to bring itself into compliance with minimum standards was focused on commitments by the country to take additional future steps over the next year.”

Tier 3 this year has 23 “countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so. There also are 3 countries that are not ranked and instead labeled as Special Cases.

In 2015 there was criticism by some senators about that year’s upgrading of Cuba and Malaysia. Subsequently that same year the previously mentioned State Department Office agreed to brief the Senate Foreign Relations Committee prior to releasing future reports in an effort to prevent any inappropriate influence over the country rankings recommended by the TIP office. As a result on June 21, 2017, Ambassador Coppedge did just that.[3]

Report Regarding Cuba

“The Government of Cuba does not fully meet the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government demonstrated significant efforts during the reporting period by prosecuting and convicting sex traffickers; providing services to sex trafficking victims; releasing a written report on its antitrafficking efforts; and coordinating anti-trafficking efforts across government ministries. In addition, the government investigated indicators of trafficking exhibited by foreign labor brokers recruiting Cuban citizens. However, the government did not demonstrate increasing efforts compared to the previous reporting period. The penal code does not criminalize all forms of human trafficking. The government did not prohibit forced labor, report efforts to prevent forced labor domestically, or recognize forced labor as a possible issue affecting its nationals in medical missions abroad. Because the government has devoted sufficient resources to a written plan that, if implemented, would constitute significant efforts to meet the minimum standards, Cuba was granted a waiver per the Trafficking Victims Protection Act from an otherwise required downgrade to Tier 3. Therefore, Cuba is placed on Tier 2 Watch List for the third consecutive year.”

The Report then goes on to provide the State Department’s recommendations for Cuba; assessments of the island’s prosecution, protection and prevention of trafficking; and its Trafficking Profile.

Reactions[4]

On July 13, the Senate Foreign Relations Committee held a hearing on the 2017 report with testimony from Deputy Secretary of State John Sullivan, whose opening statement did not mention Cuba, and from Ambassador Coppedge. [5]

The statement on the new report from Senator Robert Menendez (Dem., NJ), a Cuban-American, merely referenced a bill he had introduced to reform the State Department’s process for publishing its annual TIP reports, and re-published his statement about the 2015 report that criticized its granting a waiver to downgrading Cuba.

Surprisingly Senator Marco Rubio (Rep., FL), another Cuban-American and a fierce critic of the “promotion” of Cuba to Tier 2 Watch List in 2015, issued a statement about the latest trafficking report that said nothing about Cuba’s continued placement in that category.

Earlier in 2017 Senator Menendez along with cosponsors Senators Rubio, Tim Kaine (Dem., VA), Cory Gardner (Rep., CO), Rob Portman (Rep., OH) and Christopher Coons (Dem., DE) introduced the Trafficking in Persons Report Integrity Act  (S.377), which would reform the State Department’s annual trafficking reports. The press release by Rubio said the bill was prompted in part by “The past two TIP reports . . . [containing] unwarranted, politically-driven upgrades of countries with deplorable human trafficking records, like Cuba and Malaysia.”[6] However, as of August 15, 2017, no actions had been taken on the bill.

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[1] U.S. State Dep’t, Trafficking in Persons 2017 (June 2017).

[2] U.S. State Dep’t, Remarks at the 2017 Trafficking in Persons Report Launch Ceremony (June 27, 2017).

[3] Sen. Corker, Press Release: Corker Takes Part in State Department Launch of 2017 Trafficking in Persons Report (June 27, 2017).

[4] Menendez, Sen. Menendez Reacts to the 2017 TIP Report (June 27, 2017); Rubio, Rubio Statement on State Department’s Trafficking in Persons Report (June 27, 2017).

[5] Senate For. Relations Comm., Hearing to review the 2017 Trafficking in Persons Report (July 13, 2017);  Sen. Corker, Press Release: Corker Opening Statement at Hearing on 2017 State Department Trafficking in Persons Report (July 13, 2017); Deputy Sec. State Sullivan, Opening Statement Before the Senate Foreign Relations Committee, on the 2017 Trafficking in Persons Report, July 13, 2017.

[6] Press Release, Rubio, Menendez Reintroduce Legislation to Reform State Department Human Trafficking Report (Feb. 14, 2017).

President Obama and Moroccan King’s White House Meeting

In November 2013, Morocco’s King Mohammed VI met at the White House with President Barack Obama. Below is a photograph of the two men in the White House.

Their subsequent Joint Statement “reaffirmed the strong and mutually beneficial partnership and strategic alliance between the [U.S.] and the Kingdom of Morocco; . . . [their mapping] out a new and ambitious plan for the strategic partnership and [pledging] . . . to advance our shared priorities of a secure, stable, and prosperous Maghreb, Africa, and Middle East.   The two leaders also emphasized our shared values, mutual trust, common interests, and strong friendship, as reflected throughout our partnership.”[1]

Democratic and Economic Reforms. After the President “commended the [King’s] action and the leadership . . . in deepening democracy and promoting economic progress and human development,” the two men “reaffirmed their commitment to work together to realize the promise of Morocco’s 2011 constitution and explore ways in which the [U.S.] can help strengthen Morocco’s democratic institutions, civil society, and inclusive governance. . . . [They also] reaffirmed their commitment to the UN human rights system and its important role in protecting and promoting human rights and fundamental freedoms, and committed to deepening the ongoing U.S.-Morocco dialogue on human rights, which has been a productive and valuable mechanism for the exchange of views and information. . . . [The] President expressed support for Morocco’s initiative to reform its asylum and immigration system based on recommendations from Morocco’s National Human Rights Commission.  The President [also] welcomed Morocco’s intent to take concrete steps to . . . [ensure] women fully participate in public life, and that they lead and benefit from inclusive economic growth.”

Economic and Security Cooperation. “The two leaders emphasized that the [U.S.] and Morocco are dedicated to working together to promote human and economic development in Morocco [under several specified programs].” They noted that the two countries [had] signed a Customs Mutual Assistance Agreement . . . to expand bilateral cooperation on the detection of money laundering, trade fraud, and other financial crime. . . . [and] a Trade Facilitation Agreement that furthers the U.S.-Morocco Free Trade Agreement and represents a forward-leaning, 21st century agreement on customs reform and modernization. . . . These important initiatives reflect our common commitment to building stronger economic ties with and among the region.”

They both “recognized the importance of Morocco as a trade and investment platform for North Africa and Sub-Saharan Africa and the benefits of maintaining an attractive business climate for investment in Morocco.” A prior and upcoming “U.S.-Morocco Business Development Conference” each “aims to build on business-to-business contacts in aviation, the agriculture and food industry, and energy to expand trade and promote investment, as well as regional economic integration.” Morocco also will be hosting the “Global Entrepreneurship Summit, and both leaders highlighted the importance of fostering broad-based economic opportunity in the region, particularly for young people and women.”

Educational and Cultural Cooperation. The two leaders expressed their commitment “to exploring further cooperation to promote mutual understanding and interfaith dialogue in Morocco and throughout the region, . . . to enhance and diversify [their] exchange programs, . . . [to ratify and implement an] agreement on the registration and status of the system of American schools in Morocco, . . . to strengthening ties and increasing mutual understanding between Moroccan and American youth.”

 The Issue of the Western Sahara. “The President pledged to continue to support efforts to find a peaceful, sustainable, mutually agreed-upon solution to the Western Sahara question. . . . [The U.S.] has made clear that Morocco’s autonomy plan is serious, realistic, and credible, and that it represents a potential approach that could satisfy the aspirations of the people in the Western Sahara to run their own affairs in peace and dignity.  We continue to support the negotiations carried out by the United Nations . . . and urge the parties to work toward a resolution. The two leaders affirmed their shared commitment to the improvement of the lives of the people of the Western Sahara and agreed to work together to continue to protect and promote human rights in the territory.[2]

 Regional Security and Counterterrorism Cooperation.The leaders noted their partnership on the [U.N.] Security Council over the past two years in the advancement of international peace and security, including in Mali, the Sahel, Syria, Libya, and the Middle East.  They reaffirmed their commitment to continue to deepen civilian and military cooperation in the areas of non-proliferation and counter-terrorism.  To address their deep concern for the continuing threat posed by terrorism, the [U.S.] and Morocco intend to continue cooperation to bolster democratic criminal justice institutions and to counter the threat of violent extremism in the region.  The leaders also reinforced their commitment to regional cooperation initiatives.”[3]

 “The leaders are committed to continuing close cooperation in the Global Counterterrorism Forum and to work to strengthen regional political, economic, and security ties across North Africa and the Sahel, including through a reinvigorated Arab Maghreb Union and other regional forums.

“The President encouraged Morocco to join the [U.S.] in founding the International Institute of Justice and the Rule of Law in Malta, which intends to train a new generation of criminal justice officials across North, West, and East Africa on how to address counterterrorism and related security challenges through a rule of law framework.”

Africa. “The President acknowledged . . . the King’s leadership and the actions carried out by Morocco in the field of peace keeping, conflict prevention, human development, and the preservation of cultural and religious identity. In this context, both countries committed to explore joint initiatives to promote human development and stability through food security, access to energy, and the promotion of trade based on the existing Free Trade Agreement.  [They] were pleased to note their common assessment of the critical role of human and economic development in promoting stability and security on the African continent, and committed to explore in greater detail concrete options for pragmatic, inclusive cooperation around economic and development issues of mutual interest.”

Middle East Peace. His Majesty commended the continuous commitment of the . . . [U.S.] to advance Middle East peace.  The President acknowledged the contribution of His Majesty, Chairman of the [Organization of Islamic Cooperation’s] Al Quds [Jerusalem] Committee, to the efforts aiming to achieve a two state solution.”

Conclusion. The President and His Majesty the King [emphasized] . . . their shared commitment to the special and longstanding relationship between the [U.S.] and . . . Morocco, which in 1777 became the first nation to recognize the independence of the [U.S.].  [The two leaders] . . . reaffirmed their commitment to stay in close contact and to continue on a path of increased cooperation that will strengthen the [U.S.]-Morocco strategic partnership.”

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[1] White House, Joint Statement by the United States of America and the Kingdom of Morocco (Nov. 22, 2013).

[2] As noted in a prior post, the U.N. Security Council on April 28, 2017, unanimously passed a resolution extending the mandate of the U.N. Mission for the Referendum in Western Sahara (MINURSO) until 30 April 2018 and calling on the parties to that conflict to resume negotiations under the auspices of the Secretary-General without preconditions and in good faith, in order to facilitate a just, lasting and mutually acceptable political solution.

[3] Another prior post discussed Morocco’s current bilateral and multilateral counter-terrorism activities.