U.S. State Governments Celebrate Refugees’ Accomplishments

The now enjoined Trump executive order requiring state and local governments to consent to refugee resettlement has had what the President probably did not expect: many of the 42 states so consenting, Alexander all by their governors (both Republican and Democrat) also celebrated the many accomplishments of the previous refugees who have resettled in their states. These positive comments about refugees need to be remembered and continuously publicized, and so here they are. [1]

Alaska. Although the state has not officially submitted a consent letter to the federal government, its Governor in a press conference said, “the resettlement program has a longstanding history and is in line with U.S. and Alaska values.  I think America and Alaska get behind because, once again, it’s folks that are in situations where there’s war or some type of persecution and of course, when they apply to come here, the hope is that that’s put behind them and they can get on with their lives and be part of the state, if they choose to stay, and part of the country.”

Arizona. “Throughout our nation’s history, the United States has been a refuge for individuals fleeing religious and political persecution in their homeland, and Arizona has historically been one of the most welcoming states in terms of the number of refugees resettled here. Refugees arriving in the United States have been vetted and approved by the appropriate national security agencies and Department of State and have been granted legal entry to make a new home in the land of the free.”

Arkansas.  “Arkansans have a history of welcoming refugees. While we fully support control of our borders and oppose illegal immigration, we also value the contribution of immigrants and understand the importance of America continuing to be a welcoming nation for those truly seeking refuge and following the legal path to our land. Immigrants bring energy, a thirst for freedom, and a desire to pursue the American dream. This is America’s strength and part of our future.”

California “The State of California is proud to be a welcoming state, and is committed to the continued resettlement of refugees in partnership with local jurisdictions and community partners. California recognizes its resettlement programs and services are an indispensable lifeline to refugees who have been forcibly dispatched from their home countries and cannot rebuild their lives where they first fled.”

“The refugee resettlement program has a long history in California, spanning over 40 years and successfully resettling over 700,000 men, women and children. During these four decades, refugees continuously have contributed to the enrichment of our economy, culture, and society. California’s communities have flourished because of their diversity and ongoing ability to embrace refugees and immigrant families. . . . Refugees deserve our support and we will keep our doors open to these families and people to sustain  an inclusive California for all.”

 Colorado. “Colorado will continue to assist and resettle more refugees in our communities as long as people around the world are displaced from their home countries.”

“Since 1980, Colorado has welcomed individuals and families fleeing persecution, war, and violence from all over the world through the United States Refugee Admissions Program. Having a robust refugee program ensures that we are upholding our American values of humanitarianism, freedom, and opportunity. Not only is investing in refugees the compassionate and humane thing to do, refugees contribute to our economy in ways that benefit all Coloradans. For every dollar Colorado invests in refugees, we receive a $1.23 return on investment in tax revenue, and four new Colorado jobs are created for every refugee who is resettled in our State.”

Connecticut. “It is a bedrock principle of the United States of America that we welcome to our shores those fleeing tyranny, persecution and violence. As you well know, prior to being admitted to the United States, a refugee must undergo a rigorous vetting process. And we know from our own experience here in Connecticut that refugees enrich the communities that offer them shelter- socially, culturally, and economically. In addition, many people are resettled in our country as part of the Special Immigrant Visa (SIV) program, because they have put their lives and safety, and that of their families, at risk to help ensure the success and safety of our military service members in Afghanistan and Iraq. Connecticut is proud to do its part to honor our country’s commitment to them. The policy of the Trump Administration over several years to cut dramatically the number of refugees allowed to resettle in the United States is antithetical to our heritage and our values.”

Delaware. “Our country has historically been a refuge of safe harbor for those fleeing war-torn countries, violence, and political persecution. We should continue to stand as a beacon of hope and freedom for people around the world. In that spirit, as Delawareans, we are proud to do our part, and continue to accept the resettlement of refugees.”

Illinois. “Since 1975, the State of Illinois has welcomed and resettled more than 130,000 refugees from more than 86 countries. In recent years, 1,000 to 3,000 refugees, those seeking asylum, and victims of human trafficking arrived in Illinois annually. Refugees have successfully rebuilt their lives and made positive social and economic contributions to Illinois. They have helped revitalize neighborhoods and added to the cultural vitality of our state and communities. As survivors of persecution, refugees embody the importance of human rights, democracy, and freedom. Refugees’ resilience in the face of hardship inspires courage, hope, and perseverance. And refugees’ countless contributions undoubtedly make our states and nation stronger.”

Indiana. “Indiana is a destination of certainty, stability and opportunity. As a state, we are on course to become the absolute best place in America to grow as an individual, a family, a business and as a community. Our long tradition of welcoming and helping to resettle refugees with support from our federal partners, shows the world the compassion of Hoosiers and our willingness to give others the ability to grow and prosper in the great state of Indiana.”

“In just the last five years, state based non-profit agencies have resettled thousands of deserving, qualified individuals in the Hoosier state, who have been fully and carefully vetted by relevant federal government agencies. These are . . . individuals who have gone through all the proper channels, were persecuted for their religious or political beliefs in their homeland and have sought and been granted refugee status in our nation of immigrants.”

Kansas. “Kansas has a long and proud history of welcoming the world’s refugees to our state. Refugees are not simply looking for a better home, they are fleeing some of the most horrific violence, war, famine, religious and cultural persecution of our time. Our country and our state can provide the security they need for a safer place to call home. The citizens of Kansas have shown time and again a strong commitment to welcoming refugees into communities statewide.”  She also said, “Refugees come to our country and state looking for a better place to live. Our country and our state benefit as they also make positive contributions in significant ways. They contribute to our economy, workforce and the cultural fabric of our state and nation.”

Maine. “For more than forty years, and under the leadership of seven Democratic, Republican and Independent governors, Maine has participated in the federal refugee resettlement program. Over the course of those decades we have welcomed nearly 10,000 people from more than 30 countries – people who have resettled in Maine with the hope of finding peace, safety and work for themselves and their families.”

“Maine has a workforce shortage, projected to grow worse over the next decade, creating serious challenges for businesses seeking to hire qualified workers in every industry and in every sector of our economy. Our state welcomes refugees who have skills, education and ability, a proven work ethic and tremendous drive. It is the right thing to do, and it is critical to the strength of our economy and our future success as a state.”

Massachusetts. “Massachusetts is committed to continuing to serve as a source of hope and opportunity, welcoming those seeking refuge with open arms and ensuring that newcomers feel safe, valued and supported as they settle into a new country and integrate into new communities.”

“The United States has a proud and noble tradition of serving as a country of refuge for those most vulnerable in the world. The Commonwealth welcomed 516 refugees last year, from 30 countries, and has welcomed 14,282 refugees over the past decade, from 59 countries. Throughout history, many of the refugees our Country admitted became distinguished scientists, government leaders, entrepreneurs, cultural icons, and public servants. We have much to gain in providing refuge to those in need. Foreign born employees provide significant support to our economy and make up a critical part of the health and human services sector workforce.”

Michigan. “Michigan has a rich history of welcoming refugees and other immigrants to our state. I am committed to ensuring that we remain a leader in responding to the needs of globally displaced families and individuals. We recognize the value of being a welcoming state, and the contribution of refugees to the fabric of our communities. Refugees enhance our state socially, culturally, and economically.”

Minnesota. “Minnesota has a strong moral tradition of welcoming those who seek refuge. Our state has always stepped forward to help those who are fleeing desperate situations and need a safe place to call home. Refugees strengthen our communities. Bringing new cultures and fresh perspectives, they contribute to the social fabric of our state. Opening businesses and supporting existing ones, they are critical to the success of our economy. Refugees are doctors and bus drivers. They are entrepreneurs and police officers. They are students and teachers. They are our neighbors.”

“We will continue to work hard to ensure refugees become a thriving part of our communities, and I am confident this demonstration of compassion will mark the first step in these immigrants becoming  patriotic and productive fellow Americans.”

Missouri. “Missouri has a long and rich history of immigration, dating back to America’s earliest explorers, fur traders, and missionaries. Today, Missouri’s population includes thousands of former refugees who have become vital members of our communities. Since 2002, nearly 18,000 refugees from 45 countries have resettled in Missouri.”

“In Missouri, state organizations and faith-based groups work tirelessly to support refugee resettlement. Currently, there are five agencies that integrate refugees in St. Louis, Kansas City, Columbia, and Springfield, where they have helped strengthen local economies, especially through entrepreneurship. These groups do an excellent job of transitioning newly settled populations, ensuring they are educated, trained, and prepared to assimilate into their new community. In fact, St. Louis boasts one of the largest Bosnian populations outside that country itself. Community volunteers, especially faith-based partners, continue to be an integral part of such local resettlement efforts.”

Nevada. “Nevada is proud of our long-standing tradition of resettling refugees. Since the 1970s, Republican and Democratic Governors from Nevada have welcomed these individuals into our state with open arms. Earlier this year, I had the opportunity to meet with dozens of refugee children in the State Capitol. . . . While their unimaginable experiences of suffering and hardship may have originated in different areas around the globe, the personal stories they shared were defined by courage, hope and resilience. These stories embody the dignity and values of this country. Such is the story of Nevada Assemblyman Alexander Assefa. Mr. Assefa came to the U.S. as a refugee with similar hopes and dreams. After a lot of hard work, he became a pilot, a small business owner, and he now proudly serves in the Nevada State Legislature. Above all, he is a proud American.”

“We need not forget that refugees fled for their lives after enduring persecution, war and dire humanitarian conditions. Many waited several years in remote places, while undergoing extensive background checks and security clearances, for the opportunity to start a new life in the United States. Once here, refugees become productive, responsible and self-sufficient members of society and account for an important part of our workforce and that drives our economic engine.”

New Jersey. “New Jersey will continue to welcome refugees anxiously fleeing harm and seeking safety. It is not only the right response; it is the American response. We believe that America must remain a beacon of hope in the world, and we know that opening its doors to those facing danger and oppression is who we are as a nation. We are disheartened by recent attempts to undercut our commitment to freedom and opportunity by shrinking the numbers of who can seek comfort on our shores and by erecting new and significant barriers for refugees desperately reaching for safety. The announcement that your Administration will continue dramatically cutting the number of refugees allowed to resettle in the United States by reducing admission in the coming year to 18,000 from 30,000 -which was already a drastic decline from the 111,000 ceiling just two years ago – is devastating not only for those seeking refuge from harm but for the United States’ standing in the world.”

“New Jersey will continue to welcome refugees anxiously fleeing harm and seeking safety. It is not only the right response; it is the American response.”

“We believe that America must remain a beacon of hope in the world, and we know that opening its doors to those facing danger and oppression is who we are as a nation. We are disheartened by recent attempts to undercut our commitment to freedom and opportunity by shrinking the numbers of who can seek comfort on our shores and by erecting new and significant barriers for refugees desperately reaching for safety. The announcement that your Administration will continue dramatically cutting the number of refugees allowed to resettle in the United States by reducing admission in the coming year to 18,000 from 30,000 -which was already a drastic decline from the 111,000 cei ling just two years ago – is devastating not only for those seeking refuge from harm but for the United States’ standing in the world.”

“Over two million of our residents are immigrants, including refugees, representing nearly 23 percent of New Jersey’s population. There is no doubt that refugees have contributed to the strength of our state and have enriched our communities economically, culturally and socially. Refugees who have made New Jersey their home have helped our state thrive by growing our workforce, starting businesses, contributing to local economies, and becoming valued friends and neighbors.”

“We took these actions because we recognize that new Americans are integral to our State’s culture and our economy. Immigrants and refugees in New Jersey include over 120,000 entrepreneurs, employ more than 389,000 people and contribute over $24.2 billion in federal, State, and local taxes. In fact, 43 percent of the State’s science, technology, engineering, and math-focused workforce are new Americans who play a significant part in maintaining the State’s role as a leading innovator in the STEM field. Supporting immigrant and refugee integration is a smart strategy for our State and our country.”

“We know that a strong and vibrant democracy like ours requires that we live out our values through our deeds. To do so, we must continue to hold true to who we are as Americans by helping those who come seeking refuge from violence and persecution around the world. My Administration looks forward to continuing to work together with cities and towns across our great State to welcome immigrants and refugees.”

New Mexico. “New Mexico has always welcomed immigrants of all types, including more than 2,500 refugees from 28 countries who have resettled in New Mexico since 2002, adding to the rich multicultural mix of which New Mexicans are so rightly proud.”[2] She also said, “Unlike other immigrants, refugees have been forcibly displaced from their homes, whether by war, famine, religious and cultural persecution or violence. They leave their home countries fearing for their lives, and they come to our shores and our borders often with nothing more than the clothes on their backs, desperate — not for a handout but for a chance to start over.”

“While refugees arrive needing our help, they are often quick to pay back the country and communities that welcome them. They get jobs and pay taxes. They open businesses. They contribute their cuisines and cultures, bringing us new forms of entertainment and understanding.”

North Carolina. “North Carolina was one of the first states to welcome refugees to the United States after the United States Refugee Act was signed into law in 1980. Our state has a strong network of community and faith-based groups which aid in resettlement of refugees who seek safety from persecution.”

North Dakota. “North Dakota has had success at integrating refugees who have become responsible citizens and productive members of the workforce.”

Oregon. “Oregon opposed the President’s recent Executive Order on “refugee resettlement, and ask that you return this year’s refugee admission number to previous annual levels. The values reflected in this Executive Order are not the values on which our country was built.”

“It is a sad day for a nation founded on the principle of welcoming ‘poor, tired, and huddled masses.’ Nobody chooses to be a refugee. Refugees are just like us. They have jobs and families. They are parents and friends, teachers and doctors, farmers and fishermen. Since 1975, Oregon has resettled 67,743 refugees. Refugees contribute every day to the strength of our economy, our communities, and our culture. About 70 percent of refugees find employment within the first few months of resettlement. They pay taxes, buy homes, and open businesses. Their search for freedom and a better future for themselves and their children embodies what it means to be an American.”

Pennsylvania. “Pennsylvania has a rich history of opening its doors to those facing persecution and danger. William Penn founded our commonwealth on the principle of religious freedom, seeking to allow those in Europe to escape persecution.”

“It is vital that America retain its moral authority throughout the world. And that means that when vulnerable and displaced individuals seek refuge from violence and oppression elsewhere, we welcome them to find that refuge in America. This maintains our image as a beacon of hope and freedom, and shows the world that America is the antithesis of the places these individuals are fleeing.”

“For decades, refugees have made our communities better, and I am committed to continuing that tradition to the fullest extent of my ability. In communities from Allentown to Lancaster to Erie, and elsewhere, refugees are resettling, making a home, finding employment, starting businesses, paying taxes, and enriching their communities. Church World Service, based in Lancaster, has gained national attention for how it has brought refugees and communities together to find mutual understanding and build strong relationships despite differences. That, to me, is the best of America.”

“During past conflicts, America has accepted hundreds of thousands of refugees who were fleeing violence and persecution. [For example,] Jewish refugees came to Pennsylvania from Germany and other European countries to escape the Nazi occupation and religious persecution. . . . As millions of people in Eastern Europe, the Middle East, Asia, Latin America and Africa face violence, persecution, and death, we should continue to help those we can while taking care to protect our commonwealth and our country, just as we have done for hundreds of years. To reject refugees outright emboldens the message of those who seek to inspire hatred by saying that we, as Americans, do not have compassion or care for specific groups of people in the world facing persecution or worse.”

Tennessee. “Resettlement will be facilitated by the Trump Administration and non-profit organizations with extensive experience in this area. The refugee population in Tennessee is small, and . . .our consent to cooperate and consult with the Trump Administration to provide a safe harbor for those who are fleeing religious persecution and violent conflict is the right decision. The United States and Tennessee have always been, since the very founding of our nation, a shining beacon of freedom and opportunity for the persecuted and oppressed, and particularly those suffering religious persecution.”

Utah. “Utah has “historically accepted and resettled more than 1,000 refugees each year from a variety of troubled regions of the world. . . . Utah’s unique history informs our approach to refugees. Our state was founded by religious refugees fleeing persecution in the Eastern United States. Those experiences and hardships of our pioneer ancestors 170 years ago are still fresh in the minds of many Utahans. As a result we empathize deeply with individuals and groups who have been forced from their homes and we love giving them a new home and a new life. And it turns out we do it quite well. Those refugees who resettle in Utah become integrated and accepted into our communities. They become productive employees and responsible citizens. They become contributors in our schools, churches and other civic institutions, even helping serve more recent refugees and thus generating a beautiful cycle of charity. This marvelous compassion is simply embedded into our state’ s culture.”

Vermont. “Since 1989, Vermont has welcomed almost 8,000 refugees, primarily from Bhutan, Burma, Bosnia, Burundi, Democratic Republic of Congo, Iraq, Somalia, Sudan and Vietnam. Prior to 2017, Vermont was resettling an average of approximately 325 refugees per year. Through this consent process, I hope to increase current resettlement to the level of 325-350 individuals annually. Vermont has never conditioned and will never condition refugee resettlement on a refugee’s race, ethnicity, religion or national origin.”

“Vermont’s refugee communities have made countless contributions to our state. Refugees help ensure a healthy sized and diverse student population. They help employers fill open positions, contributing to the community and local economy, and pay federal, state and local taxes. In recent years, refugees have entered employment in critical economic sectors including construction, health care, hospitality and hotels, manufacturing, customer service, education, environmental services, food service, maintenance, meat processing, office/accounting, packing, retail, transportation, and warehouse. Vermont has more open jobs than people to fill them; refugee communities are vital to Vermont’s economic health.”

“I am also heartened by the fact that an average of 90-94% of these new Americans are economically self-sufficient within eight months of arrival in Vermont. In fact, the rate for fiscal year 2029 is 100%.”

Virginia. “Virginia has welcomed refugees who are fleeing war, persecution, or other dire circumstances. We know that no one chooses to abandon their home until conditions become so difficult that the unknown is preferable.”

“The United States has long presented itself as a haven, a place of stability and economic prosperity. We promote the ideals upon which this country was founded, of liberty and freedom. But lo uphold those ideals abroad, we must allow access to them here at home. We must practice what we preach.”

“Virginia helps refugees settle into new homes only in those localities that participate in the Virginia Community Capacity Initiative, which ensures that a community’ s elected officials, faith leaders, schools, and other stakeholders are committed to helping refugees build new homes and lives. We work with resettlement agencies that have deep ties to these communities. We have always been clear that successful resettlement only happens with community involvement.”

“Because of our proximity to Washington, D.C., we are a preferred location for many Special Immigrant Visa holders: Iraqi and Afghanistan refugees who provided services to the U.S. military in those countries, and whose lives and families are in danger because of that service.”

“In recent years, as the federal government has lowered the number of refugees accepted into the United States, Virginia’s refugee number has dropped. We have the capacity to accept and help more refugees than we currently have.”

“These are people who no longer have a home. History shows us that this could happen to any of us. We must all imagine ourselves in their shoes, and treat them as we would wish to be treated. If I were ever in such a position, I hope a friendly country would take me in and let me rebuild my life in peace and safety. I believe people of decency would share that hope. Virginia’s lights are on and our doors are open, and we welcome new Virginians to make their homes here.”

Washington. “[The] State of Washington wholeheartedly consents to welcoming and resettling refugees into our communities—a long and proud tradition that we intend to continue.”

“As the state that resettled the second highest number of refugees last year, we are honored to remain a place of safety and security for those fleeing persecution and violence. Since 1975, Washington has bought in nearly 150,000 refugees from 70 different countries, including Vietnam, Ukraine and the Democratic Republic of the Congo. Refugees contribute to all sectors of our economy—as teachers, service members, doctors, and more—while adding to our rich cultural landscape. They are an integral part of Washington’s past, present, and future.”

“Just last week, we celebrated the success of Dr. Anisa Ibrahim, a Washingtonian who resettled in our state after fleeing war-torn Somalia more than two decades ago. Only six years old when her family first arrived in the United States, Dr. Ibrahim later graduated from the University of Washington Medical School and now leads a pediatric clinic in Seattle—the same clinic that treated her when she and her siblings were children.”

“Her story is not unique. Throughout our state, children and families speak of similar circumstances, of having sacrificed everything to seek refuge in America from violence, starvation, and other horrors most of us will thankfully never experience. Many of these children are now leaders in our communities, bringing with them their unique perspectives on tragedy, perseverance, and triumph. Washington State is stronger and our communities are richer because of their important contributions.”

“Given all of the benefits of a robust resettlement program, we should not cast aside our founding principles as a nation. Enshrined in the Statue of Liberty, the ‘Mother of Exiles,’ is our country’s commitment as a safe place for humanity’s most vulnerable. Lest we forget that, of the 26,000,000 refugees worldwide, more than half are children.”

West Virginia.  “West Virginia has had great success with our refugee resettlement agency, which has been in operation since 1978. Refugees who have resettled here have become productive citizens and are welcomed into our West Virginia family.”

Wisconsin. “Our state has a rich history of opening its doors to people of all backgrounds, experiences, and walks of life. Through the years, while the people seeking resettlement opportunity in Wisconsin have changed, their circumstances have not: they are people seeking a new life, they embrace American ideals, and they bring with them valuable skills and experience which benefit all of us.” He also said, “Following the end of World War II, Wisconsin welcomed its first refugees as defined by the United Nations 1951 Refugee Convention. Our state has since continued to offer opportunities for safety and a new life to those from around the world who are granted resettlement. Over the past two decades, Wisconsin has welcomed more than 16,000 refugees from countries around the world, including Laos, Vietnam, the former Yugoslavia, Somalia, and Iraq. Most recently, our state has welcomed people from Burma and the Democratic Republic of Congo.”

“Refugees and immigrants are essential to Wisconsin’s economy, from manufacturing to education, and public service to agriculture and healthcare. At a time when we are seeing labor shortages across our state, it is irresponsible for the administration to place obstacles in the path of talented and hard-working folks seeking refuge and a better life.” Moreover, “our refugees are a critically important part of our families, our communities, and our culture—they are part of the fabric of our state. Wisconsin’s refugee population is resilient and determined—they want to help themselves and their family, they want to continue working toward their dreams of living safely and freely, and they are eager to give back to the communities who welcome them. These contributions and our diversity and our differences make us and our state stronger, not weaker.”

Conclusion

It also is noteworthy that at last 19 of the 42 consents came from Republican governors and at least 22 from Democratic governors. Seven other states have not been heard from on the consent issue and thereby impliedly did not consent before a federal court enjoined this program: six with Republican governors (Alabama, Florida, Georgia, Mississippi, South Carolina and Wyoming) and one with a Democratic governor (Hawaii). The only state that explicitly did not consent was Texas with a Republican governor.

More importantly these statements and the lives they depict are incarnations of Pope Francis’ advice to us all: Welcome. Protect. Promote. Integrate refugees and immigrants![2]

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[1] Almost all of these celebratory comments were quoted in previous posts to this blog: Latest U.S. Struggle Over Refugees (Dec. 11, 2019); Minnesota and Minneapolis Say “Yes” to Refugees (Dec. 14, 2019); Update on U.S.’ Consents to Refugee Resettlement (Dec. 16, 2019); Tennessee Consents to Refugees Resettlement (Dec. 20, 2019); Another Update on States’ Consents to Refugees Resettlement (Dec. 30, 2019); U.S. State and Local Governments’ Justifications for Consenting to Resettlement of Refugees (Dec. 31, 2019) Five More States Have Consented to Refugee Resettlement (Jan. 7, 2020); Alaska Says “Yes” to Refugee Resettlement (Jan. 8, 2020). See also Letter, Utah Gov. Herbert to Pres. Trump (Oct. 14, 2018); Letter, New Mexico Governor Grisham to Lutheran Family Services Rocky Mountain (Oct. 7, 2019); Letter, Vermont Governor Phil Scott to President Trump and Secretary Pompeo (Jan. 6, 2020). These opinions about the importance of refugees are consistent with the opinion of a Wall Street Journal columnist. (Immigrants Come to America to work, dwkcommentaries.com (Jan. 31, 2020).

[2]  Pope Francis Reminds Us To Welcome, Protect, Promote and Integrate Refugees and Other Migrants, dwkcommentaries.com (Jan. 1, 2020).

 

U.S.  Sets 18,000 Quota for New Refugee Admissions to U.S.

On November 1, President Trump set 18,000 as the quota for refugee admissions into the U.S. for Fiscal 2020 (October 1, 2019—September 30, 2020).[1] These admissions shall be allocated among refugees of special humanitarian concern to the United States in accordance with the following allocations:

Number Category
5,000 Refugees who:have been persecuted or have a well-founded fear of persecution on account of religion
4,000 Iraqi refugees
1,500 Refugees who are nationals or habitual residents of El Salvador, Guatemala, or Honduras:
7,500 Other refugees
18,000 TOTAL

The President also specified that for Fiscal Year 2020, the following persons may, if otherwise qualified, be considered refugees for the purpose of admission to the United States within their countries of nationality or habitual residence: (a.) persons in Cuba; (b.) persons in Eurasia and the Baltics; (c ) persons in Iraq; (d)  persons in Honduras, Guatemala, and El Salvador; and (e) in exceptional circumstances, persons identified by a United States Embassy in any location.

Moreover, President Trump added another potential barrier to refugee entrants with an executive order requiring state and local governments to provide written consent to refugee resettlements.

Reactions [2]

This quota is the lowest since the introduction of the U.S. refugee program in 1980. In Fiscal 2017, the last full year of the Obama Administration, the quota was 85,000 while the Trump Administration’s first two years (Fiscal 2018 and 2019) set the quotas at 53,000 and 30,000.

The U.N. High Commissioner for Refugees said, “At a time of record forced displacement in the world, lower admissions constrain UNHCR’s ability to deliver on its refugee protection mandate and diminish our humanitarian negotiating power at the global level. As the agency mandated by the UN General Assembly to lead and coordinate the international response to refugees, UNHCR is naturally troubled by this trend in the United States and elsewhere.”

Similar negative reactions came from international non-governmental organizations concerned with refugees.

The International Rescue Committee said the U.S. decision broke with 40 years or precedent. “This measure completely ignores the welcome that communities have provided to refugees, as well as the important contributions resettled refugees have made to these communities all across the country,” Jennifer Sime, its senior vice president, said.

Church World Service, a resettlement agency, said through Its president, Rev. John L. Mccullough,  “With one final blow, the Trump administration has snuffed out Lady Liberty’s torch and ended our nation’s legacy of compassion and welcome.”

Betsy Fisher, the director of strategy for the International Refugee Assistance Project, said,“The shockingly low refugee admissions goal and the executive order will all but ensure that people in need of safety will be left in dangerous conditions and separated from their families. These policies will prevent refugees from being resettled, even though communities across the nation stand ready to welcome them.”

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[1] White House, Presidential Determination on Refugee Admissions for Fiscal Year 2020 (Nov. 1, 2019); State Dep’t, Presidential  Determination on Refugee Admissions for Fiscal 2020 (Nov. 2, 2019); Assoc. Press, Trump Approves Plan to Cap Refugees at 18,000 in 2020, N.Y. Times (Nov. 2, 2019); Shear & Kanno-Youngs, Trump Slashes Refugee Cap to 18,000, Curtailing U.S. Role as Haven, N.Y. Times (Sept. 26, 2019).

[2] UNHCR, UNHCR troubled by latest U.S. refugee resettlement cut, UNHCR (Nov. 2, 2019); Reuters, UN ‘troubled’ by Donald Trump’s cut to refugee numbers, Newshub (Nov. 3, 2019).

 

                                                                                                                                 

 

 

 

 

 

U.S. Opposition to “Abortion” and “Sexual and Reproductive Health and Rights” at U.N. High-Level Meeting  

On September 23, 2019, the U.N. General Assembly held a High-Level Meeting on Universal Health Coverage that aimed to accelerate progress toward universal health coverage for everyone around the world, which would include access to health care services, medicines and vaccines in accordance with the U.N.’s 2030 Agenda for Sustainable Development, under which all countries have committed to try to achieve universal health coverage by 2030.[1]

At this High-Level Meeting, Alex Azar, the U.S. Health and Human Services Secretary, read a joint statement on behalf of the following 19 countries representing more than 1.3 billion people: the United States of America plus Africa (Democratic Republic of the Congo, Egypt, Libya, Mali, Nigeria, Sudan), Eastern Europe/North Asia (Belarus, Russia), Europe (Hungary, Poland), Latin America (Brazil, Guatemala, Haiti) and  Middle East (Bahrain, Iraq, Saudi Arabia, United Arab Emirates, Yemen).

The U.S. Joint Statement[2]

“We believe that health of women, men, children and adolescents supports and improves the overall health of our families and communities, and that the family is the foundational institution of society and thus should be supported and strengthened.”

“We commend the United Nations and the Member States on the significant work done on the Universal Health Coverage Political Declaration,[3] and for the high priority placed on expanding access to health care.”

“We therefore urge Member States to join us in focusing on the important work of expanding health and opportunities for all people, and especially those in situations of risk and/or vulnerability.”

“To make the most meaningful progress without delay or dissension, we respectfully call upon Member States to join us in concentrating on topics that unite rather than divide on the critical issues surrounding access to health care.”

We do not support references to ambiguous terms and expressions, such as sexual and reproductive health and rights in U.N. documents, because they can undermine the critical role of the family and promote practices, like abortion, in circumstances that do not enjoy international consensus and which can be misinterpreted by U.N. agencies.” (Emphasis added.)

Such terms do not adequately take into account the key role of the family in health and education, nor the sovereign right of nations to implement health policies according to their national context. There is no international right to an abortion and these terms should not be used to promote pro-abortion policies and measures.” (Emphasis added.)

Further, we only support sex education that appreciates the protective role of the family in this education and does not condone harmful sexual risks for young people.”  (Emphasis added.)

“We therefore request that the U.N., including U.N. agencies, focus on concrete efforts that enjoy broad consensus among member states. To that end, only documents that have been adopted by all Member States should be cited in U.N. resolutions.” (Emphasis added.)

“To this end, we also understand the important role the Sustainable Development Goals play in assisting countries realize their own path to universal health coverage, in accordance with national policies and legislation.”

“We strongly support the highest attainable health outcomes for women, men, children, and adolescents holistically and throughout their lives.”

We support equal access to health care, which includes, but is not limited to reproductive concerns, maternal health, voluntary and informed family planning, HIV, elimination of violence against women and girls, and empowerment to reach the highest standard of health.” (Emphasis added.)

“We support programs to improve the health, life, dignity, and well-being of women, men, children, and families, and we will continue to be their stalwart defender.”

“Let us focus on concrete issues and challenges to accelerate access to health for all.”

“To this end, international solidarity has a key role to play, in order to the build broad consensus by member states.”

Preceding U.S. Letter Urging Support of the Joint Statement[4]

Prior to this High-Level Meeting, Secretary Azar and U.S. Secretary of State Michael Pompeo reportedly sent a letter to at least some of the other U.N. members that were to attend this High-Level Meeting encouraging them to sign this joint statement opposing “harmful UN policies, especially at the World Health Organization, that promote sexual and reproductive health and rights” and “ensuring that every sovereign state has the ability to determine the best way to protect the unborn and defend the family as the foundational unity of society vital to children thriving and leading healthy lives.”

This letter reportedly also said, “We remain gravely concerned that aggressive efforts to reinterpret international instruments to create a new international right to abortion and to promote international policies that weaken the family have advanced through some United Nations forums.” Evidence of this [effort] is found in references throughout many multilateral global health policy documents to interpret ‘comprehensive sexuality education’ and ‘sexual and reproductive health’ and ‘sexual and reproductive health and rights’ to diminish the role of parents in the most sensitive and personal family-oriented issues. The latter has been asserted to mean promotion of abortion, including pressuring countries to abandon religious principles and cultural norms enshrined in law that protect unborn life.”

Other U.S. Challenges to U.N. Documents

This U.S. letter and the Joint Statement are consistent with prior efforts by the Trump Administration to delete and remove language from various U.N. agreements. Here are examples of this effort: (a) this April intense lobbying by U.S. officials resulted in the removal of references to sexual and reproductive health from a UN security council resolution on combatting rape in conflict; and (b) the U.S.previously attempted to water down language and remove the word “gender” from UN documents.

On September 24 Secretary Azar remained at the U.N. to attend President Trump’s address to the General Assembly and to meet with other governments representatives. He also was interviewed on Tony Perkins’ “Washington Watch” radio program  [5]

Opposition to U.S. Joint Statement[6]

The Netherlands’ Minister of Foreign Trade, Sigrid Kaag, spoke out in a competing joint statement issued on behalf of 58 countries. Although it did not mention the U.S. Joint Statement or use the word “abortion,” her joint statement clearly opposed the U.S. position. Her main points were the following: (1) “We strongly believe that SRHR [Sexual Reproductive Health and Rights] is an integral part of Universal Health Coverage and the SDGs [Sustainable Development Goals]. (2) “Investing in SRHR has proven to be affordable, cost-effective, and cost saving.” (3) “Gender-related barriers to accessing UHC [Universal Health Care] must be addressed, including by direct involvement of women, adolescents and marginalized groups in policy and program design.” (4) “Investing in comprehensive sexual and reproductive health services in UHC is necessary to address the needs of women, girls, adolescents and people in the most marginalized situations who need these the most.”

Sweden’s Minister for International Development Cooperation tweeted that the action was “unbelievable news” and that “women’s rights must be protected at all times.” Another objector was Françoise Girard, president of the International Women’s Health Coalition, who said that “sexual and reproductive rights are human rights, and are enshrined in UN agreements for almost 25 years now” and that “the Trump administration’s position is extreme and its repeated attempts to strip women, girls, and gender- diverse people of their rights at the United Nations have failed.”

Shannon Kowalski, director of advocacy and policy at the International Women’s Health Coalition, said the Pompeo-Azar letter “shows how they are trying to erode international consensus and roll back the clock for women and girls. It’s not just abortion that they care about, they care about women’s ability to exercise autonomy over their bodies and about denying them critical access to the services they need.” That Pompeo and Azur both signed the letter suggests an escalation of the US strategy to undermine policy statements, she added.

Keifer Buckingham, senior policy adviser for international public health at the Open Society Foundations, said that rather than an escalation, “it could be them just putting out in public what they have been doing in private.” She said the US was effectively sending a message of “if you’re not with us, you’re against us”, which could have funding implications.

Other civil society and women’s rights groups expressed alarm at the efforts and accused the U.S. of aligning with countries like Saudi Arabia and Sudan with poor human rights records and, also, of putting unfair pressure on poor countries that depend on U.S. aid.

Support for U.S. Joint Statement[7]

On the other side of this controversy were anti-abortion groups that praised the statement as a sign of the administration’s “strong pro-life leadership on the world stage.” For example, the group Susan B. Anthony (SBA ) List issued a statement, saying, “From day one, President Trump has worked to restore respect for life as a foundational American value, not only in our domestic policies, but in our international relations as well.”

Conclusion

This speech by Secretary Azar, the preceding letter and the U.S. lobbying for other nations’ support against abortion and reproductive health can be seen as confirmation of fears that the U.S. Commission on Unalienable Rights that was announced this June was designed to put a gloss of respectability on efforts to attack women’s rights and to appeal to the Administration’s base of very conservative religious supporters.[8]

As noted in other posts, this U.S. Commission emphasizes the July 4, 1776, U.S. Declaration of Independence’s statement “that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these, are life, liberty, and the pursuit of happiness.” But the Commission ignores that phrase’s indications that “life, liberty, and the pursuit of happiness” are “among” certain unalienable rights; i.e., there are other such rights. Moreover, the Commission ignores the very next sentence of that Declaration: “That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” In other words, this Declaration recognizes that these recited rights need to be “secured” by subsequent legislation that will have details not specified in this Declaration. (Emphasis added.)

Moreover, the U.S.-promoted Joint Statement’s requiring all 193 U.N. members to adopt a U.N. document or treaty as a precondition for them to be used in other U.N. documents would give every one of those members a veto right on the subsequent use of those documents or treaties. Is there any such document or treaty that has such unanimous approval? (That is exceedingly unlikely.) It also is  antithetical to the provisions of such treaties requiring a certain number of ratifications in order for the treaties to go into effect for the parties to the treaties. In short, this provision of the Joint Statement would totally prevent progress on these and many other issues.[9]

In short, the U.S. positions expressed in the U.N. speech by Secretary Azar were most unfortunate.

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

 

[1] HHS Dep’t, Secretary Azar Represents the United States During UNGA High-Level Meeting on Universal Health Care Coverage (Sept. 23, 2019); U.N. Gen. Ass’bly, uhc 2030.

[2] U.S. HHS Dep’t, [Secretary Azar], Remarks on Universal Health Coverage (Sept. 23, 2019); Howard, U.S. wants the U.N. to oppose terms such as “reproductive health and rights” in policies, CNN (Sept. 23, 2019).

[3] The Political Declaration stated that the High-Level Meeting will have “a dedicated focus for the first time on universal health coverage . . . and [a strong recommitment] to achieve universal health coverage by 2030” with 83 numbered paragraphs of specific actions towards that goal. (U.N. Gen. Ass’bly, Political Declaration on the High-level Meeting on Universal Health Coverage (Sept. 10, 2019).)

[4] Cha, U.S. joins 19 nations, including Saudi Arabia and Russia: ‘There is no international right to an abortion, Wash. Post (Sept. 24, 2019); Ford, Leaked letter suggests US is rallying UN members to oppose abortion, Guardian (Sept. 23, 2019).

[5] HHS Dep’t, Secretary Azar Attends Presidential Address at UNGA, Furthers U.S. Partnerships on Health through Bilateral Meetings (Sept. 24, 2019).

[6] Netherlands Ministry Foreign Affairs, Joint Statement on SRHR in UHC (Sept. 23, 2019).

[7] SBA List, Pro-Life Groups Praise Trump Admin’s Defense of Life at the UN (Sept. 24, 2019).

[8] See posts to dwkcommentaries about the Commission on Unalienable Rights.

[9]  See List of Posts to dwkcommentaries—Topical: Law (TREATIES).

 

 

 

 

President Trump’s Skepticism About John Bolton’s Advice

According to journalists at the Washington Post, President Donald Trump is questioning his Administration’s recent aggressive strategy about Venezuela and about his National Security Advisor, John Bolton, one of the main advocates of such a strategy. [1]

As discussed in an earlier post, last week’s failure of an attempt to takeover the Venezuelan government by Juan Guaidó has prompted Trump to complain about having been misled about how easy it would be for such an attempt. Moreover, these journalists say, Trump’s “dissatisfaction has crystallized around . . . Bolton and . . .i [his] interventionist stance at odds with . . . [Trump’s] view that the United States should stay out of foreign quagmires.”

An unnamed U.S. official who is familiar with U.S.-Venezuela policy says “Trump [privately] has expressed concern that Bolton has boxed him into a corner and gone beyond where he is comfortable.” Nevertheless, two senior administration officials said Bolton’s job was “safe.”

Various current and former officials and outside advisers have said that the failure of last week’s takeover attempt has “effectively shelved serious discussion of a heavy U.S. military response.” One sign of this development was Vice President’s recent speech, as discussed in a prior post, announcing new U.S. measures regarding Venezuela that did not include any use or threat of military force other than the frequent comment that “all options are on the table.”

Trump has himself to blame too. His “approach to foreign intervention is largely ad hoc and idiosyncratic — driven less by ideology than by his hunger for foreign policy victories and confidence in his own deal-making skills.” This “lack of ideological coherence has played to the advantage of “ Bolton and Secretary Pompeo.

Another expert, Richard Haass, the president of the Council on Foreign Relations, said, ““There is a fundamental conflict between the administration’s desire for regime change and what it is willing to do to bring it about. That is the contradiction of Mr. Trump’s foreign policy.”

John D. Feeley, a former U.S. ambassador and Univision political analyst, said that military intervention in Venezuela is unlikely because it “runs counter to Donald Trump’s 2020 reelection narrative. At a time when you’re pulling people back from Syria, back from Iraq, back from Afghanistan, how do you say we’re going to commit 50-, 100-, 150,000 of our blood and treasure to a country where you can’t tell the bad guys from the good guys?”

Conclusion

This news of Trump’s questioning the wisdom of advice from John Bolton is a welcome surprise. As noted in a prior post, this blogger and others more deeply involved in analyzing national security issues seriously question the wisdom of Bolton’s long-held belief in the use of U.S. military force.

Now is the time for Bolton to leave the government!

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

[1] Gearan, Dawsey, Hudson & Kim, A frustrated Trump questions his administration’s Venezuela strategy, Wash. Post (May 8, 2019); Landler, With Mix of Threats and Blandishments, Trump Bandies Policy of Regime Change, N.Y. Times (May 8, 2019).

 

Cameroon’s Human Rights Record Being Subjected to Universal Periodic Review (UPR) by U.N. Human Rights Council: Background

This year Cameroon’s human rights record is the subject of its third Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. This post reviews basic information about the Council and its UPR process. Future posts will look at the pre-hearing papers for Cameroon’s current UPR and then its UPR hearing and then finally the results of the UPR.

The  Human Rights Council[1]

The Council since 2006 has been an important arm of the United Nations in recognizing and helping to enforce international human rights norms in the world.

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

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

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

The current African members are Angola, Burundi, Côte d’Ivoire (Ivory Coast), Democratic Republic of the Congo, Egypt, Ethiopia, Kenya, Nigeria, Rwanda, Senegal, South Africa, Togo and Tunisia.

The UPR Process[2]

One of the ways the Council seeks to encourage universal compliance with international human rights standards  is its UPR of individual U.N. member states. The UPR is universal in that all 193 U.N. members and all human rights norms are reviewed and it is periodic because it done every four years. Such reviews are to be “based on objective and reliable information, of the fulfillment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States.” This is to be done with “a cooperative mechanism, based on an interactive dialogue, with the full involvement of the country concerned.”

The UPR process involves (a) the state’s submission of a report to the Council; (b) submission of written questions and recommendations to the state from other states and stakeholders (human rights NGO’s, etc.); (c) the U.N. High Commissioner for Human Rights’ summary of U.N. information about the country; (d) questions submitted to the country in advance by the Working Group; (e) the hearing by the Council, (f) the preparation of a draft report on the state by a Council working group, (g) the state’s comments on that report, (h) another hearing before the Council and (i) the Council’s adoption of the final report on the outcome of the UPR.

Council’s UPR Working Group for Cameroon’s UPR[3]

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

Each State’s review is assisted by a groups of three States, known as a “troika,” who serve as rapporteurs. The selection of the troikas for each State is done through a drawing of lots following elections for the Council membership in the General Assembly. For Cameroon’s third UPR the Troika members are United Kingdom of Great Britain and Northern Ireland, Iraq and South Africa.

The UPR Hearing

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

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

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

[1] U.N. Hum. Rts. Council, Membership of Council; U.N. Hum. Rts. Council, Current Membership.

[2] U.N. Hum. Rts. Council, Basic Facts about the UPR

[3]  U.N. Hum. Rts. Council, Cameroon’s human rights record to be reviewed by Universal Periodic Review (May 11, 2018).

 

 

 

Cuba Religious Freedom in the Eyes of the U.S. Commission on International Religious Freedom   

On April 25, 2018, the U.S. Commission on International Religious Freedom released its annual report on the subject for 28 countries in the world. Of these the Commission concluded that Cuba and 11 other countries had engaged in or tolerated religious freedom violations during 2017 that were serious and “systematic,  or ongoing, or egregious.”[1]

Commission’s Key Findings About Cuba[2]

According to this report, “religious freedom conditions in Cuba remained poor” with the following Key Findings:

  • “The Cuban government engaged in harassment campaigns that included detentions and repeated interrogations targeting religious leaders and activists who advocate for religious freedom.”
  • “Officials threatened to confiscate numerous churches and interrogated religious leaders countrywide about the legal status of their religious properties.”
  • “The government continues to interfere in religious groups’ internal affairs and actively limits, controls, and monitors their religious practice, access to information, and communications through a restrictive system of laws and policies, surveillance, and harassment.”
  • “While the Cuban constitution guarantees freedom of religion or belief, this protection is limited by other constitutional and legal provisions. At the end of the reporting period, 55 religious communities were registered; only registered religious communities are legally permitted to receive foreign visitors, import religious materials, meet in approved houses of worship, and apply to travel abroad for religious purposes.”
  • “The Cuban Communist Party Office of Religious Affairs (ORA) answers only to the Party and so it has broad, largely unchecked power to control religious activity, including approving some religious ceremonies other than worship services, repair or construction of houses of worship, and importation of religious materials.”
  • “Authorities prevent human rights and pro-democracy activists from participating in religious activities, sometimes using force. Almost every Sunday in 2017, the government prevented members of Ladies in White from attending Mass.”
  • “In a positive development, officials verbally promised the Assemblies of God that the government would not confiscate 1,400 of their churches as it threatened to do in 2015 and 2016.”

Commission’s Recommendations About Cuba to U.S. Government[3]

The Commission also made the following recommendations about Cuba to the U.S. Government:

  1. “Publicly denounce violations of religious freedom and related human rights in Cuba.”
  2. “Press the Cuban government to:
  • “Stop harassment of religious leaders;
  • End the practice of violently preventing democracy and human rights activists from attending religious services;
  • End destruction of, threats to destroy, and threats to expropriate houses of worship;
  • Lift restrictions on religious communities buying property, building or repairing houses of worship, holding religious processions, importing religious materials, and admitting religious leaders;
  • Allow unregistered religious groups to operate freely and legally, and repeal government policies that restrict religious services in homes or other personal property;
  • Allow registered and unregistered religious groups to conduct religious education;
  • Cease interference with religious activities and religious communities’ internal affairs; and
  • Hold accountable police and other security personnel for actions that violate the human rights of religious practitioners, including the religious freedom of political prisoners.”
  1. “Increase opportunities for Cuban religious leaders from both registered and unregistered religious communities to travel to, exchange aid and materials with, and interact with coreligionists in the United States.”
  2. “Apply the Global Magnitsky Human Rights Accountability Act, Executive Order 13818, or other relevant targeted tools, to deny U.S. visas to and block the U.S. assets of specific officials and agencies identified as responsible for violations of the right to freedom of religion or belief, including considering responsible officials from the ORA for such measures.”
  3. “Use appropriated funds to advance internet freedom and widespread access to mass media, and protect Cuban activists by supporting the development and accessibility of new technologies and programs to counter censorship and to facilitate the free flow of information in and out of Cuba, as informed by the findings and recommendations of the Cuba Internet Task Force created pursuant to the National Security Presidential Memorandum, ‘Strengthening the Policy of the United States Toward Cuba.’”
  4. “Encourage international partners, including key Latin American and European countries and regional blocs, to ensure violations of freedom of religion or belief and related human rights are part of all formal and informal multilateral or bilateral discussions with Cuba.”

Conclusion

On May 29, the State Department will release its annual report on religious freedom in every other. country in the world.[4] Thereafter we will examine its comments on Cuba and then analyze and evaluate the two reports’ discussion of Cuba.

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

[1] U.S. Comm’n Intl Religious Freedom, USCIRF Releases 2018 Annual Report, Recommends 16 Countries be Designated “Countries of Particular Concern,” (April 25, 2018). The other 11 countries in this category (Tier 2) were Afghanistan, Azerbaijan, Bahrain,  Egypt India, Indonesia, Iraq, Kazakhstan, Laos, Malaysia and Turkey. The Commission also recommended that the State Department designate the following 16 countries as “Countries of Particular Concern” (countries whose government engage in or tolerates particularly severe (or systematic, ongoing, and egregious) religious freedom violations: Burma, Central African Republic, China, Eritrea, Iran, Nigeria, North Korea, Pakistan, Russia, Saudi Arabia, Sudan, Syria, Tajikistan, Turkmenistan, Uzbekistan and Vietnam. The Commission is an unusual quasi-governmental body. See U.S. Commission on International Freedom: Structure and Composition, dwkcommentaries.com (May 29, 2013).

[2]  2018 Annual Report at 148-53.

[3]  Id.

[4]  U.S. State Dep’t, Secretary Pompeo To Release the 2017 International Religious Freedom Report (May 25, 2018).

 

Cuba’s Possession of U.S. Missile Threatens To Disrupt U.S.-Cuba Normalization

On January 7, 2016, it became publicly known through a Wall Street Journal article that since sometime in 2014 Cuba has had possession of an inert U.S. missile that was erroneously shipped to Cuba from Europe.[1] This post will discuss what is now known about this missile in Cuba and the reactions to this news.

Diversion of U.S. Missile to Cuba

Hellfire missile
Hellfire missile

The object is a dummy U.S. Hellfire missile without any explosives that is a laser-guided, air-to-surface weapon that weighs about 100 pounds and that can be deployed from an attack helicopter or an unmanned drone.

Its manufacturer, Lockheed Martin, in early 2014, with U.S. State Department authorization, shipped the missile from Orlando, Florida to Spain for a NATO training exercise for later return to the U.S. After the completion of the training exercise, it was packaged in Rota, Spain and sent on another freight-forwarder’s truck to Madrid, where it was sent by plane to Frankfurt, Germany. There it was supposed to have been shipped to Lockheed in Florida. Instead for unknown reasons it was shipped from Frankfurt to Paris on an Air France flight, and from Paris to Havana on another Air France flight. Upon its arrival in Cuba, a Cuban official noticed the labeling on the crate and seized it.

Around June 2014 Lockheed, after realizing the missile was missing and likely was in Cuba, notified the U.S. State Department. Thereafter the U.S. has been pressing the Cuban government for information about the missile and for Cuba to return it to the U.S., but Cuba has not responded.

During the summer of 2014, of course, the U.S. and Cuba were engaged in the final steps leading up to the December 17, 2014, announcement that the two countries were embarked upon normalization of relations. Since then, they have been taking various steps toward normalization.

The reason for the shipment to Cuba is unknown. Was it a stupid mistake by a freight forwarder or several of such companies? That I find difficult to believe. That seems to leave it being an intentional criminal or espionage act.

The U.S. is concerned that Cuba has or could give access to the missile to learn about its technology to Russia, China or North Korea. But an article by someone who apparently is technically sophisticated in such matters discounts such dire consequences because “there’s good reason to suspect that China and other large cyber powers might already have blueprints and more, thanks to the still-vague scope of several highly successful military cyber attacks;” because “the US sells thousands upon thousands of working Hellfires to ‘close military ‘allies’ like Iraq, Saudi Arabia, and Turkey;” and because “the fall of Iraq’s Mosul to forces from ISIS . . . led to about $700 million worth of working Hellfire missiles falling into the hands of terrorists.”[2]

 Criticism of the Obama Administration[3]

Unsurprisingly this news has prompted severe criticism of the Administration.

U.S. Senator Marco Rubio (Rep., FL), a Republican presidential candidate, voiced his criticism in a letter to Assistant Secretary of State for Western Hemisphere Affairs, Roberta Jacobson. Rubio opened with the seemingly incontrovertible statement, “Preventing the proliferation of sensitive U.S. technology is one of the most important duties carried out by the State Department.” Because Jacobson has been so deeply involved with normalization negotiations with Cuba, she was asked these questions:

  • “When was the State Department informed that a U.S. Hellfire missile had been sent to Cuba?
  • When were you personally first informed of this matter and by whom?
  • What has been done to obtain the missile’s return by the Cuban government?
  • What specific entity of the Cuban government is currently in possession of the missile?
  • Please provide a list of the specific occasions on which you or other U.S. Government officials have raised this issue with the Castro regime.
  • Why was the return of the missile not obtained as a result of the negotiations that led to President Obama’s December 17, 2014 announced change in U.S. policy toward Cuba?
  • Why was the return of the missile not a condition of removal of Cuba from the State Sponsors of Terrorism list?
  • Why was the return of the missile not a condition of establishment of embassies in Havana and Washington?
  • What members of Congress did you inform of this issue during your briefings and testimony regarding U.S. policy toward Cuba over the last 18 months?
  • Does the State Department know if the Cuban government shared the missile or its design with any foreign governments?”

The Rubio letter concluded, “Sensitive U.S. technology falling into the hands of such a regime [as Cuba’s] has significant implications for U.S. national security.  The fact that the administration, including you, have apparently tried to withhold this information from the congressional debate and public discussion over U.S.-Cuba policy is disgraceful.”

Also on Friday, Republican presidential candidate Jeb Bush tweeted: “Whether it’s Iran holding U.S. citizens hostage or Cuba holding a U.S. missile hostage, Obama always caves. I won’t.’’

Four other lawmakers critical of the Obama position toward Cuba also criticized the handling of the missile case. In a joint statement, Reps. Ileana Ros-Lehtinen (R., Fla.), Mario Diaz Balart (R., Fla.), Carlos Curbelo (R., Fla.) and Albio Sires (D., N.J.) said:

  • “Regardless of how Cuba came into possession of a U.S. Hellfire missile – which must be investigated – it is unconscionable that the Obama administration knew the Castros were in possession of this sensitive U.S. military technology since June 2014 and still moved forward with its policy to open up travel, trade, investment and diplomatic relations with the regime.”
  • “The fact that the Castro regime was able to acquire a U.S. Hellfire missile could be indicative of the lengths it is willing to go to undermine our national security and harm our interests. Congress must provide oversight to determine how the U.S. export control system failed to prevent this gross violation from occurring, and if Cuba’s espionage apparatus played a role in this Hellfire acquisition.”
  • “The Cuban regime rebuffed the President’s efforts to secure the return of the Hellfire missile even as the negotiations were ongoing, and yet the regime still got everything it could have wanted. It is no wonder that the Castro brothers feel ever more emboldened to continue on with the repression of the Cuban people, with intimidation and unlawful arrests at an alarmingly high rate.”
  • “This is a very serious breach and we are deeply concerned that the Castros have already shared the sensitive technology with the likes of Russia, North Korea or China. . . . We urge the Administration to start holding the Cuban regime accountable for its continued transgressions not only against its own people, but its continued disregard for international norms.”

Senator Ron Johnson (Rep., WI), the Chair of the Committee on Homeland Security and Government Affairs, sent a letter to the heads of the Pentagon and the State Department, asking for an explanation “why the U.S. military would forgo complete control, care, and custody of such cargo when transporting it abroad.’’ Mr. Johnson also asked the administration for details of any other lost shipments of sensitive technology over the past five years.

Administration’s Response to Criticism[4]

White House spokesman Josh Earnest said on January 8 that the administration takes the issue very seriously. “The Department of Defense and the State Department are, again, I think for obvious reasons, quite interested in getting to the bottom of exactly what happened.’’

The same day the U.S. State Department spokesman, John Kirby, said, “I am restricted under federal law and regulations from commenting on specific defense trade licensing cases and compliance matters. What I can say is that under the Arms Export Control Act the State Department licenses both permanent and temporary exports by U.S. companies of regulated defense articles. U.S. companies are responsible for documenting their proposed shipping logistics in the application of their export license as well as reporting any shipping deviations to the department as appropriate.”

Conclusion

Although I have been, and still am, a strong advocate for U.S.-Cuba reconciliation, I am very troubled by the news of this missile ending up in Cuban hands and of its diversion in mid-2014 apparently not affecting U.S. negotiation of normalization. Final assessment has to await Assistant Secretary Jacobson’s responses to Senator Rubio’s questions and other news about this situation. I pray that it does not disrupt or sabotage further progress towards normalization.

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

[1] Barrett & Lubold, Missing U.S. Missile Shows Up in Cuba, W.S.J. (Jan. 7, 2016); Reuters, Inert U.S. Hellfire Missile Wrongly Shipped to Cuba in 2014:WSJ, N.Y. Times (Jan. 7, 2016); Assoc. Press, Dummy Hellfire Missile Mistakenly Shipped to Cuba, N.Y. Times (Jan. 8, 2016); Ayuso, The mystery of the US missile ended in Cuba, El Pais (Jan. 9, 2016).

[2] Templeton, It probably won’t matter Cuba got a dummy Hellfire missile—and that’s terrifying, ExtremeTech (Jan. 9, 2016).

[3] Barrett & Lubold, Republicans Criticize Obama Administration Over Missile Sent to Cuba, W.S.J. (Jan. 8, 2015); Missile that turned up in Cuba ignites backlash, Miami Herald (Jan. 8, 2016); Rubio, Rubio Demands Answers From Administration On U.S. Missile in Cuba’s Possession (Jan. 8, 2016); Ros-Lehtinen, Ros-Lehtinen, Diaz-Balart, Curbelo and Sires Make Joint Statement Regarding Unaccounted U.S. Hellfire Missile Acquired by the Castro Regime (Jan. 8, 2016)

[4] U.S. Dep’t of State, Daily Press Briefing (Jan. 8, 2016).

 

 

President Obama Welcomes New U.S. Citizens with Inspiring Challenge

As noted in prior posts, the final step for someone to become a naturalized U.S. citizen is to attend a ceremony in which the individual takes an oath of allegiance to the United States of America and officially is declared to be a U.S. citizen. This is after such an individual meets the requirements of U.S. law through submission of an application with various aspects of personal information and an interview for vetting that information.[1]

Such a ceremony took place on December 15, 2015, at Washington, D.C.’s Rotunda of the National Archives Museum, where the original Constitution, Declaration of Independence and Bill of Rights are permanently displayed. December 15 also was the 224th anniversary of the ratification of the Bill of Rights.

Obama

new citizens

 

 

 

 

On this occasion President Barack Obama provided inspiring words to welcome 31 new U.S. citizens. Above are photographs of the President giving his speech and of some of the new citizens. Here is what Obama said.[2]

“To my fellow Americans, our newest citizens. You are men and women from more than 25 countries, from Brazil to Uganda, from Iraq to the Philippines.  You may come from teeming cities or rural villages.  You don’t look alike.  You don’t worship the same way.  But here, surrounded by the very documents whose values bind us together as one people, you’ve raised your hand and sworn a sacred oath.  I’m proud to be among the first to greet you as “my fellow Americans.”

“What a remarkable journey all of you have made.  And as of today, your story is forever woven into the larger story of this nation. . . . [Y]ou still have a demanding and rewarding task ahead of you — and that is the hard work of active citizenship.  You have rights and you have responsibilities.”

“Just about every nation in the world, to some extent, admits immigrants.  But there’s something unique about America.  We don’t simply welcome new immigrants, we don’t simply welcome new arrivals — we are born of immigrants.  That is who we are.  Immigration is our origin story.  And for more than two centuries, it’s remained at the core of our national character; it’s our oldest tradition.  It’s who we are.  It’s part of what makes us exceptional.”

“[U]nless your family is Native American, one of the first Americans, all of our families come from someplace else.  The first refugees were the Pilgrims themselves — fleeing religious persecution, crossing the stormy Atlantic to reach a new world where they might live and pray freely.  Eight signers of the Declaration of Independence were immigrants.  And in those first decades after independence, English, German, and Scottish immigrants came over, huddled on creaky ships, seeking what Thomas Paine called ‘asylum for the persecuted lovers of civil and religious liberty.’”

“Down through the decades, Irish Catholics fleeing hunger, Italians fleeing poverty filled up our cities, rolled up their sleeves, built America.  Chinese laborers jammed in steerage under the decks of steamships, making their way to California to build the Central Pacific Railroad that would transform the West — and our nation.  Wave after wave of men, women, and children — from the Middle East and the Mediterranean, from Asia and Africa — poured into Ellis Island, or Angel Island, their trunks bursting with their most cherished possessions — maybe a photograph of the family they left behind, a family Bible, or a Torah, or a Koran.  A bag in one hand, maybe a child in the other, standing for hours in long lines.  New York and cities across America were transformed into a sort of global fashion show.  You had Dutch lace caps and the North African fezzes, stodgy tweed suits and colorful Caribbean dresses.”

“And perhaps, like some of you, these new arrivals might have had some moments of doubt, wondering if they had made a mistake in leaving everything and everyone they ever knew behind.  So life in America was not always easy.  It wasn’t always easy for new immigrants.  Certainly it wasn’t easy for those of African heritage who had not come here voluntarily, and yet in their own way were immigrants themselves.  There was discrimination and hardship and poverty.  But, like you, they no doubt found inspiration in all those who had come before them.  And they were able to muster faith that, here in America, they might build a better life and give their children something more.”

“Just as so many have come here in search of a dream, others sought shelter from nightmares.  Survivors of the Holocaust.  Soviet Refuseniks.  Refugees from Vietnam, Laos, Cambodia.  Iraqis and Afghans fleeing war.  Mexicans, Cubans, Iranians leaving behind deadly revolutions.  Central American teenagers running from gang violence.  The Lost Boys of Sudan escaping civil war.  They’re people like Fulbert Florent Akoula from the Republic of Congo, who was granted asylum when his family was threatened by political violence.  And today, Fulbert is here, a proud American.”

“We can never say it often or loudly enough:  Immigrants and refugees revitalize and renew America.  Immigrants like you are more likely to start your own business.  Many of the Fortune 500 companies in this country were founded by immigrants or their children.  Many of the tech startups in Silicon Valley have at least one immigrant founder.”

“Immigrants are the teachers who inspire our children, and they’re the doctors who keep us healthy.  They’re the engineers who design our skylines, and the artists and the entertainers who touch our hearts.  Immigrants are soldiers, sailors, airmen, Marines, Coast Guardsmen who protect us, often risking their lives for an America that isn’t even their own yet.  As an Iraqi, Mohammed Ibrahim Al Naib was the target of death threats for working with American forces.  He stood by his American comrades, and came to the U.S. as a refugee.  And today, we stand by him.  And we are proud to welcome Mohammed as a citizen of the country that he already helped to defend.”

“We celebrate this history, this heritage, as an immigrant nation.  And we are strong enough to acknowledge, as painful as it may be, that we haven’t always lived up to our own ideals.  We haven’t always lived up to these documents.”

From the start, Africans were brought here in chains against their will, and then toiled under the whip.  They also built America.  A century ago, New York City shops displayed those signs, “No Irish Need Apply.”  Catholics were targeted, their loyalty questioned — so much so that as recently as the 1950s and ‘60s, when JFK . . . [ran for office], he had to convince people that his allegiance wasn’t primarily to the Pope.”

“Chinese immigrants faced persecution and vicious stereotypes, and were, for a time, even banned from entering America.  During World War II, German and Italian residents were detained, and in one of the darkest chapters in our history, Japanese immigrants and even Japanese-American citizens were forced from their homes and imprisoned in camps.  We succumbed to fear.  We betrayed not only our fellow Americans, but our deepest values.  We betrayed these documents.  It’s happened before.”

“And the biggest irony of course is that those who betrayed these values were themselves the children of immigrants.  How quickly we forget.  One generation passes, two generation passes, and suddenly we don’t remember where we came from.  And we suggest that somehow there is ‘us’ and there is ‘them,’ not remembering we used to be ‘them.’”

“On days like today, we need to resolve never to repeat mistakes like that again.  We must resolve to always speak out against hatred and bigotry in all of its forms — whether taunts against the child of an immigrant farm worker or threats against a Muslim shopkeeper.  We are Americans.  Standing up for each other is what the values enshrined in the documents in this room compels us to do -– especially when it’s hard.  Especially when it’s not convenient.  That’s when it counts.  That’s when it matters — not when things are easy, but when things are hard.”

“The truth is, being an American is hard.  Being part of a democratic government is hard.  Being a citizen is hard.  It is a challenge.  It’s supposed to be.  There’s no respite from our ideals.  All of us are called to live up to our expectations for ourselves — not just when it’s convenient, but when it’s inconvenient.  When it’s tough.  When we’re afraid.  The tension throughout our history between welcoming or rejecting the stranger, it’s about more than just immigration.  It’s about the meaning of America, what kind of country do we want to be.  It’s about the capacity of each generation to honor the creed as old as our founding:  “E Pluribus Unum” — that out of many, we are one.”

“Scripture tells us, ‘For we are strangers before you, and sojourners, as were all our fathers.’ In the Mexican immigrant today, we see the Catholic immigrant of a century ago.  In the Syrian seeking refuge today, we should see the Jewish refugee of World War II.  In these new Americans, we see our own American stories — our parents, our grandparents, our aunts, our uncles, our cousins who packed up what they could and scraped together what they had.  And their paperwork wasn’t always in order.  And they set out for a place that was more than just a piece of land, but an idea.”

“America:  A place where we can be a part of something bigger.  A place where we can contribute our talents and fulfill our ambitions and secure new opportunity for ourselves and for others.  A place where we can retain pride in our heritage, but where we recognize that we have a common creed, a loyalty to these documents, a loyalty to our democracy; where we can criticize our government, but understand that we love it; where we agree to live together even when we don’t agree with each other; where we work through the democratic process, and not through violence or sectarianism to resolve disputes; where we live side by side as neighbors; and where our children know themselves to be a part of this nation, no longer strangers, but the bedrock of this nation, the essence of this nation.”

“More than 60 years ago, at a ceremony like this one, Senator John F. Kennedy said, ‘No form of government requires more of its citizens than does the American democracy.’  Our system of self-government depends on ordinary citizens doing the hard, frustrating but always essential work of citizenship — of being informed.  Of understanding that the government isn’t some distant thing, but is you.  Of speaking out when something is not right.  Of helping fellow citizens when they need a hand.  Of coming together to shape our country’s course.”

And that work gives purpose to every generation.  It belongs to me.  It belongs to the judge.  It belongs to you.  It belongs to you, all of us, as citizens.  To follow our laws, yes, but also to engage with your communities and to speak up for what you believe in.  And to vote — to not only exercise the rights that are now yours, but to stand up for the rights of others.

“Birtukan Gudeya is here [today] from Ethiopia.  She said, ‘The joy of being an American is the joy of freedom and opportunity.  We have been handed a work in progress, one that can evolve for the good of all Americans.’”

“That is what makes America great — not just the words on these founding documents, as precious and valuable as they are, but the progress that they’ve inspired.  If you ever wonder whether America is big enough to hold multitudes, strong enough to withstand the forces of change, brave enough to live up to our ideals even in times of trial, then look to the generations of ordinary citizens who have proven again and again that we are worthy of that.”

“That’s our great inheritance — what ordinary people have done to build this country and make these words live.  And it’s our generation’s task to follow their example in this journey — to keep building an America where no matter who we are or what we look like, or who we love or what we believe, we can make of our lives what we will.”

“You will not and should not forget your history and your past.  That adds to the richness of American life.  But you are now American.  You’ve got obligations as citizens.  And I’m absolutely confident you will meet them.  You’ll set a good example for all of us, because you know how precious this thing is.  It’s not something to take for granted.  It’s something to cherish and to fight for.”

“Thank you.  May God bless you.  May God bless the United States of America.”

And I say, thank you, Mr. President, for a necessary and inspiring message to us all. It echoes some of the points recently made by Minneapolis clergy that were discussed in a recent post.

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[1] Minnesota Welcomes New Citizens (June 8, 2015); Naturalized U.S. Citizens: Important Contributors to U.S. Culture and Economy (June 7, 2015).

[2] White House, Remarks by the President at Naturalization Ceremony (Dec. 15, 2015); National Archives, Press Release: President Obama to Deliver Keynote Address at National Archives Naturalization Ceremony on December 15 (Dec.11, 2015); Harris & Goodstein, Obama Counters Anti-Muslim Talk by Welcoming New Citizens, N.Y. Times (Dec. 15, 2015).

 

 

 

Cuba Still “State Sponsor of Terrorism” in State Department Report for 2014

Terrorism reportOn June 19, 2015, the U.S. Department of State released its “Country Reports on Terrorism 2014.” Such annual reports are required by federal statute to cover the prior calendar year.[1]

Tina S. Kaidanow, U.S.Ambassador-at-Large and Coordinator for Counterterrorism, gave a special briefing on this report. She pointed out that “the number of terrorist attacks [worldwide] in 2014 increased 35 percent, and total fatalities increased 81 percent compared to 2013, largely due to activity in Iraq, Afghanistan and Nigeria. More than 60 percent of all attacks took place in five countries: Iraq, Pakistan, Afghanistan, India, and Nigeria. And 78 percent of all fatalities due to terrorist attacks also took place in five countries: Iraq, Nigeria, Afghanistan, Pakistan, and Syria. The increase in total fatalities was in part a result of certain attacks that were exceptionally lethal.”

The Ambassador then provided broader context by discussing the terrorism committed in 2014 by al-Qaida, ISIL, Boko Haram and the civil war in Syria and of the need for the U.S. to have partners “to disrupt terrorist plots and degrade terrorist capabilities . . . [and to] help counter the spread of violent extremist recruitment and address the conditions that make communities susceptible to violent extremism. We must do more to address the cycle of violent extremism and transform the very environment from which these terrorist movements emerge.”

The U.S. last year, the Ambassador emphasized, provided “ counterterrorism assistance . . . in the fields of rule of law and countering recruitment, . . . a wide array of expertise and programmatic support for our partners to help them identify and disrupt the financing of terrorism, strengthen aviation and border security, and sharpen their law enforcement and crisis response tools to respond to the terrorist threat.” In addition, the U.S. engaged “in robust diplomacy, expanding our partnerships, building bilateral and regional capabilities, and promoting holistic and rule-of-law based approaches to counter terrorism and violent extremism.”

The report’s chapter on “State Sponsors of Terrorism” noted that such a state has been determined by the Secretary of State “to have . . . [a] government [that] has repeatedly provided support for acts of international terrorism. Once a country is designated, it remains a State Sponsor of Terrorism until the designation is rescinded in accordance with statutory criteria.” For 2014 there were four such states: Cuba, Iran, Sudan and Syria. Here is what was said about Cuba for 2014:

  • “Cuba was designated as a State Sponsor of Terrorism in 1982. Though not within the timeframe covered by this report, on April 14, 2015, President Obama submitted to Congress the statutorily required report and certifications indicating the Administration’s intent to rescind Cuba’s State Sponsor of Terrorism designation, including the certification that Cuba has not provided any support for international terrorism during the previous six-months; and that Cuba has provided assurances that it will not support acts of international terrorism in the future. The required 45-day Congressional pre-notification period expired, and the Secretary of State made the final decision to rescind Cuba’s designation as a State Sponsor of Terrorism, effective on May 29, 2015.” [2]
  • “In recent years, Cuba has taken a number of steps to fully distance itself from international terrorism and has taken steps to strengthen its counterterrorism laws. In 2013, Cuba made a commitment to work with the Financial Action Task Force to address its anti-money laundering/counterterrorism finance (AML/CFT) deficiencies. Since that time, Cuba has made significant progress in establishing the framework necessary to meet international AML/CFT standards by, for example, adequately criminalizing money laundering and terrorist finance and establishing procedures to identify and freeze terrorist assets, among other legal and regulatory actions.”
  • “Throughout 2014, Cuba supported and hosted internationally recognized negotiations between the Revolutionary Armed Forces of Colombia (FARC) and Government of Colombia aimed at garnering a peace agreement. Safe passage of FARC members provided in the context of these talks has been coordinated with representative of the governments of Colombia, Venezuela, Chile, and Norway, as well as the International Committee of the Red Cross. There is no credible evidence that the Government of Cuba has provided specific material support, services, or resources, to members of the FARC, or the National Liberation Army (ELN), outside of facilitating the internationally recognized peace process between those organizations and the Government of Colombia.”
  • “The Government of Cuba does continue to allow approximately two dozen members of the Basque Fatherland and Liberty Organization (ETA) to remain in the country. The Cuban government provided assurances that it would never permit the ETA members living in Cuba to use Cuban territory for that organization’s activities against Spain or any other country. There is no available information that the Government of Cuba allowed any of these ETA members to plan, finance, lead, or commit acts of international terrorism while residing in Cuba.”
  • “The Government of Cuba does continue to harbor fugitives wanted to stand trial or to serve sentences in the [U.S.] for committing serious violations of U.S. criminal laws, and provides some of these individuals limited support such as housing, food ration books, and medical care. Although Cuba continues to refuse to return certain individuals that fled to Cuba in the past, it has been more cooperative with the [U.S.] in recent years. In 2014, the Government of Cuba engaged in talks with U.S. officials in reference to some of these fugitives still residing in Cuba.”

Conclusion

There is nothing surprising in the Report’s discussion of Cuba. The report is statutorily required to cover the prior calendar year, and Cuba’s designation of state sponsorship was not rescinded until May 29, 2015. Therefore, it had to be included in this report as such a sponsor, and the discussion is fully consistent with that subsequent rescission.

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[1] This post is based upon the following: U.S. State Dep’t, Country Reports on Terrorism 2014 (June 19, 2015); U.S. State Dep’t, Briefing at the Release of Country Reports on Terrorism 2014 (June 19, 2015); Gordon & Schmitt, Iran Still Aids Terrorism and Bolsters Syria’s President, State Department Finds, N.Y. Times (June 19, 2015).

[2] A prior post discussed the April 14, 2015, presidential notification of such rescission to the Congress and another post, the May 29, 2015, official rescission of Cuba as such a sponsor. Earlier posts covered the legal and political issues regarding such rescission and the U.S. already having conceded many reasons why Cuba had provided assurances that it will not support future acts of international terrorism.

Spanish Court Terminates Universal Jurisdiction Case Against Three U.S. Soldiers

On June 9, 2015, Judge Santiago Pedraz Gomez of Spain’s Audiencia Nacional (National Court) terminated Spain’s criminal investigation of three U.S. soldiers for the death of a Spanish cameraman who was killed in Iraq while covering the 2003 allied invasion of the country.

The reason for the termination was a 2014 statutory amendment narrowing Spain’s universal jurisdiction statute[1] and Spain’s Supreme Court’s May 2015, decision upholding that amendment in its affirmance of the dismissal of a case investigating alleged genocide in Tibet.[2]

Judge Pedraz in his June 9th decision deplored this amendment, which “prevents the persecution of any war crime committed against a Spaniard save in the unlikely situation that the alleged culprits have taken refuge in Spain.” As a result, Spaniards will be legally unprotected in similar cases that might arise in future. The Judge said, “Faced with such a crime committed against [Spanish] journalists or persons considered to be part of the civilian population (such as aid workers), neither the relatives nor the prosecutors will be able to request the opening of proceedings [in Spain] to at least identify the victim, request an autopsy or other urgent procedure, or investigate the circumstances.”

Earlier, in March 2014, and immediately after the adoption of the amendment, Judge Pedraz decided that the amendment could not be applied to this case because, he said, it contradicted Spain’s obligations under the 1949 Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War. Under that treaty, he said, Spain was obligated to “prosecute the crime (search for people and make them appear) regardless of the perpetrators’ nationalities and wherever they may be.” Therefore, “the judge must refrain from applying . . . [the new statutory amendment]. The rule of law requires the existence of independent bodies to protect the rights and freedoms of citizens, by impartially applying standards that express the people’s will and control the activities of public authorities.”[3]

This decision was appealed, and in October 2014 the 20 judges of the Criminal Chamber of the National Court allowed the case to proceed for a procedural error by the prosecution without a ruling on the merits.

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[1] Under customary international law and certain treaties, a nation state’s courts have universal jurisdiction (UJ) over certain crimes of international concern regardless of where the crime was committed or the nationality of the victim or perpetrator. These crimes of international concern are (a) piracy; (b) slavery; (c) war crimes; (d) crimes against peace; (e) crimes against humanity; (f) genocide; and (g) torture. Spain implemented this principle in 1985 in its own domestic statutory law by conferring such jurisdiction on its National Court for certain crimes, including genocide; terrorism; and any other crimes under international treaties or conventions that should be prosecuted in Spain. The March 2014 amendment of this statute, among other things, restricted universal jurisdiction for war crimes to cases where the accused individual is a Spanish citizen or a foreign citizen who is habitually resident in Spain or a foreigner who is found in Spain and whose extradition had been denied by Spanish authorities.

[2] Spain’s National Court in June 2014 decided to terminate its investigation of alleged genocide in Tibet because of the amendment to the statute. Plaintiffs then appealed to Spain’s Supreme Court, which in May 2015 rejected that appeal.

[3] The earlier history of this case was discussed in another post.