U.S. Commission on Unalienable Rights’ Meeting, November 1, 2019

Here is a summary of the November 1, 2019, meeting of the U.S. Commission on Unalienable Rights featuring  presentations by Cass Sunstein, the Robert Walmaly University Professor at Harvard Law School, and Orlando Paterson, the John Cowles Professor of Sociology at Harvard University.  [1]

Chair May Ann Glendon’s Introduction

Chair Glendon “explained that the Commission is still in the very beginning stages of its task, which is to advise the Secretary of State on the role human rights play in foreign policy, with that advice grounded in America’s founding principles, as well as the international commitments the United States made after World War II. Glendon emphasized the Commission’s independence: Commissioners are obliged to give the Secretary their best advice, to be non-partisan, and to consult broadly with experts from Department of State (for example, in the Bureau of Democracy, Human Rights, and Labor (DRL)), but also with outside activists and academic specialists. Glendon praised the speakers who participated in the Commission’s previous meeting in October.”

Commissioner’s Comments

“Each commissioner explained his/her professional background and reflected on the speakers from the last session.” Of particular note is the following comments by Commissioner  Dr. Jacqueline Rivers, who “voiced a sentiment, shared by others, that bridged the different topics and time periods the Commission will consider in its work. For Rivers, one crucial question is how to avoid repeating a ‘major failing’ at the time of the Founding, when there was a great articulation of rights (for example, in the Declaration of Independence) but also, because of the prevalence of chattel slavery and the political subordination of large segments of society, a graphic failure to live up to those principles. As she contemplates how the United States can prevent that same failure from re-occurring internationally, one focus for Rivers will be on achieving consistency in forcefully stating, and then implementing protections for, human rights.”

Professor Cass Sunstein’s Presentation

Sunstein opened by saying he would make two major points:

  • First, . . .the U.S. conception of rights [in 1776] was a historical outgrowth of a sustained attack on monarchical legacy and the notion that some people rank above others by birth. Rights, [ however,] reflected a belief in human  dignity and citizenship.
  • Second, ”’freedom from desperate conditionshad widespread support at the Founding. Although it was not constitutionalized in any sense, . . . the articulation of, and public support for, this freedom later culminated in President Franklin Delano Roosevelt’s Second Bill of Rights. Thus, . . . there is a degree of continuity between newer, twentieth century conceptions of rights and freedoms and those from the founding era.” (Emphases added.)

Rights and citizenship: the “American Revolution is often considered to be ‘conservative,’ relatively speaking – or at least cautious and milder than the French and Russian revolutions. But, . . . that characterization is misleading, given the major break with British legacy that occurred in the American colonies in the decades leading up to the revolution. During that time period, cultural notions of republicanism were popular, which led to fresh thinking about what governments ‘do’ and the purposes for which they exist. In America, ‘radical’ republicanism entailed self-government and eliminated social class-based hierarchies of various kinds. [The] so-called ‘down look’ of the poor – a sign they ‘knew their place’ and had resigned themselves to their lowliness. This down look changed as the explosive new ideas of liberty and equality took hold on society. John Adams wrote with amazement that ‘Idolatry to Monarchs, and servility to Aristocratical Pride, was never so totally eradicated from so many Minds in so short a time.’ . . . [This] quote is significant because Adams’s surprise is palpable – he did not express such obvious ‘shock’ in any of his other writings. The transformation upon which Adams was remarking involved people who once regarded themselves as subjects coming to regard themselves instead as citizens, who possess sovereignty. This is a major development, . . . and to lament on what the revolution did not accomplish is to miss the remarkable social and political restructuring that it set into motion.”

Citizenship as unifying theme in Bill of Rights. Shifting to the U.S. Bill of Rights, . . . the American Founders sought, above all, to guarantee the preconditions of effective self-government. (. . .We fail to understand the Bill of Rights if we see it as based solely on opposition to government, or on a kind of laissez-faire individualism.) “

“[Among the writings [of the Founders] is a convergence of several intellectual traditions, both theological and otherwise.”

“Turning to individual provisions of the Bill of Rights, . . . the jury trial protected by the Sixth and Seventh Amendments . . .  should be thought of not only in terms of the individual legal right created. The jury trial also allows for the participation of citizens – ones, who, prior to the Revolution, may have borne the ‘down look’ – in American civil and criminal justice systems. In deciding individual cases, jurors can modify the harsh edges of law by finding defendants innocent in close cases. And in carrying out these [duties?]. jurors also receive an education in the law itself.”

“In the same regard, . . . the right to private property, which creates a [sense?] of individual control (by protecting people’s holdings against government taking without compensation) but is also necessary for the status of citizenship. Since private property provides a means for people to live and support themselves, citizens possessing it are not solely dependent on the good will of government.”

“As for the Second Amendment, . . .  it is controversial in modern times. . . .[It] is a political right, which, at a minimum, prevents the federal government from outlawing state militias. These militias perform important democratic functions – by providing a training ground for the cultivation of virtue, and a constraint on potentially tyrannical government.”

The “Bill of Rights is not only about creating a sphere of individual liberty, free of government control, but also about creating conditions that would allow for the robust practice of citizenship.”

Social and economic rights: . . . [The] Founders gave no serious thought to including social and economic guarantees in the Bill of Rights. But . . . some of the founders’ writing, while not at the constitutional level, shows a surprisingly strong commitment to such guarantees. James Madison, for example, wrote of ‘withholding unnecessary opportunities from a few, to increase the inequality of property, by an immoderate, and especially unmerited, accumulation of riches.’ Madison also appeared in favor of ‘rais[ing] extreme indigence toward a state of comfort.’ Meanwhile, Thomas Jefferson, while not a framer of the Constitution, exerted a strong influence during the founding period and wrote of ‘lessening the inequality of property’ by ‘exempt[ing] all from taxation below a certain point, and . . . tax[ing] the higher portions of property in geometrical progression as they rise.’ . . . [S]ocial theorists Montesquieu, John Locke, and Thomas Paine, all of whom were read by the American founders,. . . [in their writings] similarly suggest a commitment to social and economic rights. [D]uring the constitutional framing period, there was widespread support in America for legislation that would provide poor people with the basic necessities of life and that, unlike in England, where so-called ‘outdoor relief’ to able-bodied poor people was restricted, nearly all U.S. states allowed that form of assistance.“

“FDR and the Second Bill of Rights: . . . In 1944, President Franklin Delano Roosevelt (FDR) delivered a State of the Union address to Congress, which connected the war against tyranny with the Great Depression and the subsequent effort to combat economic distress domestically. The speech characterized ‘the one supreme objective for the future’ as ‘security,’ a term with multiple meanings. For FDR, security entailed not only ‘freedom from fear’ but also ‘freedom from want.’ . . . FDR explicitly used the, threat from Germany and Japan as an occasion for a renewed emphasis on providing protection against the most serious forms of human vulnerability at home.”

“In his speech, FDR looked back to the framing of the Constitution and argued that the unalienable rights at the Founding had proved inadequate, since it had become obvious that ‘true individual freedom cannot exist without economic security and independence.’ That provided the justification for FDR laying out his ‘Second Bill of Rights,’ which included the right to employment, to a dwelling place, to medical care, and to a good education, among other rights. . . . Roosevelt did not mean for these rights to be judicially enforceable, and indeed . . . FDR would have ‘deplored’ this idea. In his speech, however, FDR did call on Congress to ‘explore the means for implementing the economic bill of rights-for it is definitely the responsibility of Congress to do so.’”

“FDR’s speech is significant for marking the collapse of the idea, prominent in the period before the New Deal, that freedom comes from an absence of government. It was also important because the Second Bill of Rights went on to influence the content of the Universal Declaration of Human Rights, the International Covenant on Economic, Social, and Cultural Rights, and dozens of foreign constitutions.”

Sunstein’s Responses to Commissioners’ Questions

The Commission’s Executive Director, Peter Berkowitz: Heagreed that the jury trial right is essential to citizenship in a liberal democracy, . . . [but] that few would contend the jury right to be appropriately labeled as a ‘human’ and/or ‘unalienable’ right. Is a jury trial, Berkowitz wondered, essential to human flourishing in non-democratic regimes?“

  • Sunstein responded: “[C]ertain protections in the [original] Bill of Rights are properly characterized as unalienable; off the top of his head, he . . . [said] that free speech and property rights, for example, qualify. . . . [He] was ‘hoping and gambling that many cultures have a ‘Locke-type’ figure that provides the philosophical founding for these rights in non-Anglo American traditions. When it comes to social and economic rights, Sunstein said the situation is somewhat different. Were those rights to qualify as unalienable, what is necessary would be ‘a theory about how, if people are living in desperate conditions, a universal right is being violated.’ He said that, in some sense, the destitute living on the street without food or shelter suffer from their humanity being ‘annihilated,’ but also said he was ‘groping for right verbal formulation’ to express this notion in terms of rights.“

Rabbi Dr. Meir Soloveichik, the Director of the Zahava and Moshael Straus Center for Torah and Western Thought at Yeshiva University and rabbi of Congregation Shearith Israel, said that “the founders often stressed that certain rights are pre-political – like the free exercise of religion. He asked . . . if some of the other rights contained inside the Bill of Rights are also pre-political. . . . Soloveichik also asked whether the promotion of social and economic rights at the hands of government, . . .will inevitably clash with individual liberty. (By way of example, Soloveichik noted that expanding health care coverage at times has been in tension with individual religious liberty claims.)”

  • Sunstein said the following: “[T]ension between different rights is inevitable, regardless of whether social and economic rights (rather than other kinds) are involved. Citing the U.S. Supreme Court decision Wisconsin v. Yoder, Sunstein said that it is clear that certain kinds of rights—for example. the right to religious free exercise – prevail over others in legal disputes, and that, in order to decide, courts sometimes will look at the severity with which a right is being infringed, a question over which reasonable people may disagree. He said that clashes are an occasional but not devastating consequence of a regime recognizing multiple rights. . . . Sunstein [also] said that the majority of the rights contained in the Bill of Rights are pre-political, but that that is not at odds with acknowledging the Bill of Rights as being fundamentally ‘about’ citizenship.”

Professor Paolo Carozza, Professor of Law and Concurrent Professor of Political Science at the University of Notre Dame, where he also directs the Kellogg Institute for International Studies, asked Sunstein to elaborate on the nature of social and economic rights, and his rationale for saying that they are judicially unenforceable. . . .”

  • Sunstein “said that he had a ‘mundane’ account of why they are not judicially enforceable, and that is because allocative decisions are not well suited, institutionally, for judicial oversight. He cited the example of judges in South Africa facing severe challenges when attempting to enforce social and economic rights in that country.”

Dr. Christopher Tollefsen, Distinguished Professor and Chair of Philosophy at the University of South Carolina,“brought up the right to a jury trial, saying that he would have thought that the notion underlying it is not citizenship, . . ., but rather fairness. Tollefsen asked if there was a more pluralistic set of directions that the notion of dignity ‘can go in’ that does not need to get ‘filtered through’ citizenship.

  • Sunstein “agreed that the jury right is most fundamentally about fairness, but he pushed back against Tollefsen’s labeling citizenship as just a ‘bonus’ in the Bill of Rights. Sunstein said that it was more like a by-product of notions central to our constitutional system. Sunstein further explained that it is hard to understand the Bill of Rights outside the context of a revolution recently fought for republican self-government. In his view, modern observers tend to read it in a way that is de-historicized.”

Dr. David Tse-Chien Pan, Professor of German at the University of California, Irvine, “wondered if, in U.S. foreign policy, any defense of human rights necessarily entailed creating republican self-government everywhere. He asked Sunstein if, in his view, there could be a . . . [more] modest role for human rights that does not necessitate regime change.”

  • Sunstein “answered that yes, the U.S. can hold republican self-government up as ideal while still working with other types of regimes. In Sunstein’s view, the writings of the American founders speak deeply to nations and peoples that are ambivalent about republican self-government, and part of the reason may be the writings’ emphasis, though never quite expressed in these terms, on human dignity.”

Dr. Russell A Berman, the Walter A. Haas Professor in the Humanities at Stanford University and a Senior Fellow at the Hoover Institution and current Senior Advisor in Policy Planning at the Department of State, “asked why FDR would have, in Sunstein’s words, ‘deplored’ the judicial enforcement of social and economic rights.”

  • Sunstein “said that FDR was not a fan of judicial ‘aggressiveness’ generally and would have been attuned to tradeoffs and difficulties inherent in economic allocation. That FDR nonetheless was insistent that social and economic guarantees be labeled as ‘rights,’ in Sunstein’s view, speaks to the president’s view that they have some sort of moral foundation. Furthermore, that FDR was willing to embrace the rights in a presidential speech, but would probably not have elected for [them to] be extensions to the Bill of Rights, may have had something to with his belief – shared by James Madison in his own day – in ‘infusing the culture’ with ideas that eventually become part of the national fabric. Sunstein pointed out that the right to education, and bans on monopolistic corporations, still widely embraced in the 21st century, show that Roosevelt really did play an enduring role in shaping our national consciousness.”

Professor Hamza Yusuf Hanson, the President of Zaytuna College, the first accredited Muslim liberal arts college in the United States, and Dr. Jacqueline Rivers, Lecturer in Sociology at Harvard University, exchanged ideas regarding private property. Hanson said that scholar Richard Weaver once described it as the ‘last metaphysical right’ that people agree upon, but that, in the 20th and 21st centuries, it has not received as much attention as it did in the time of Locke and the American revolutionaries.”

  • Sunstein “said that, in Western countries, the perceived need to fight for property rights is not acutely felt, because property is relatively secure in these places. But in other countries where those rights are most needed, the idea of private property is under attack.

Rivers “segued into consideration of other types of property. She noted that the American welfare system is still weaker than in some other Western countries. Could that be, she wondered, because America has become overcommitted to protecting private property?”

  • Sunstein “described himself as a proponent of private property and saw no conflict between endorsing private property rights alongside social welfare benefits. Sunstein brought up President Ronald Reagan, for whom he once worked, saying that Reagan was on record for endorsing a right to education and other rights conventionally associated with more socially progressive advocates.” 

Chair Mary Ann Glendon thanked Sunstein for being helpful in achieving one of the most challenging parts of the Commission’s overarching task – showing a degree of continuity between the Founding and the New Deal, and from New Deal to the Universal Declaration of Human Rights (UDHR). She asked if the Bill of Rights leaving out social and economic guarantees could be thought of as an instance in which the founders took for granted the local associations and arrangements that would care for indigent persons.

  • Sunstein “answered affirmatively, saying that the Constitution contemplated institutional pluralism. He noted that, in the early years of the republic, the national government had a limited role and the Bill of Rights did not apply to states.”

Professor Orlando Patterson’s Presentation

“Patterson’s first main point was that the idea of rights and the idea of freedom overlap but are not interchangeable.”

“The United States has long seen itself as the ‘Land of the Free,’ and, as the global leader of the free world, its “mission” has been to ensure freedom of its citizens to a degree not enjoyed in many other countries. But Patterson said that another concept has come to compete with this notion. Especially since World War II, U.S. has come to embrace individual rights in fits and starts.”

“Patterson expanded on the distinction (freedom vs. rights) by clarifying what, in his mind, ‘freedom’’means. He referred to it as a tripartite idea.”

  • First, human persons are free, at least to the degree they are not under power of others, to make choices, to do what they want, and to achieve the desires they set for themselves.”
  • Second, they are free to exercise power to influence the world. (Patterson called this “empowerment” and cited Indian economist and philosopher Amartya Sen.) For long periods of human history, Patterson argued, this type of freedom was associated with power over other people. This is important to recognize because, for him, freedom is not the opposite of power, even though it is commonly held to be.”
    • “To support his argument.Patterson mentioned “the Southern slaveholding conception of freedom” in the United States, which entailed the freedom of wealthy landowners to control the bodies and labor of African-Americans and was famously discussed by Abraham Lincoln and Stephen Douglas in their debates.”
    • “Even though slavery has been abolished in America for many years, Patterson said that freedom as ‘power over others’ continues in the 21st century – in the form of some people controlling large amounts of property.”
  • Third, people are free, according to Patterson, to share in the collective power of groups. He referred to this as civic freedom, and as best realized through democracy.”

“Patterson called tripartite freedom quintessentially Western in origin, rather than universal. He explained that, although English philosopher John Locke held freedom to be ‘written on the heart of man’ (Patterson’s words), freedom actually involves an ancient, culturally specific, way of looking at the world. What is uniquely Western is not only the tripartite nature of freedom, but also its relative status – in other words, that freedom is valorized as one of the pinnacle values of civilization. Contributing to this prioritization, . . [was].the religion that fashioned the West, Christianity (which emphasizes redemption, sacrifice as the way to free one’s self from spiritual slavery), as well as earlier, Roman notions of liberty. Patterson compared the spread of freedom across the world to Christian missionary work, arguing that freedom became more universal over time. This, in his view, has not always been without negative consequences. Military interventions in Iraq have shown that assuming all people (and especially non-Westerners) to desire freedom can be wrong and even dangerous.”

“‘Rights’ are distinguishable from freedom. For Patterson, they represent a set of claims concerning our condition as human beings. The claims are moral in nature, and their protection is necessary to preserve our most fundamental sense of what it means to be human. Rights are inherently egalitarian, whereas with ‘freedom,’ Patterson argued, there is no such assumption of equality.”

“Patterson then commented on America’s complex relationship between rights and freedom, stressing that the American tradition differs from the European one. In Britain, Patterson said, there frequently has been skepticism about rights. The English jurist and social reformer Jeremy Bentham, for example, called natural rights “nonsense upon stilts.” In the United States, there has been a stronger embrace of rights, but also a lingering uneasiness about them, according to Patterson. He mentioned that the Bill of Rights was a compromise measure that, at its adoption, few if any thought was perfect. Patterson noted that, throughout American history, there has been elite opposition to rights held by ‘the masses.’ He also mentioned the passage of the 14th Amendment and the Slaughterhouse cases as important rights milestones.”

“Patterson quoted an intellectual descendant of Jeremy Bentham, the philosopher Alasdair McIntyre, who once described rights as a ‘fiction,’ writing that ‘belief in them is one with belief in witches and unicorns.’”

“Then Patterson shifted gears to discuss the U.S. ‘Rights Revolution,’ which he believes stands in stark contrast with the history preceding it. His view is that it is anachronistic to posit that rights are the most critical element of America’s founding documents. That is because, in Patterson’s view, rights did not gain currency until much later – specifically, when the horrors of Nazism during World War II shocked the world’s conscience, triggering people’s shared moral instincts that there must be some baseline that all people are owed, inhering their basic humanity. The war’s atrocities combined with anti-imperial movements across the world and other developments: Black Americans fighting for freedom and returning home, wondering what their status would be in American politics, and what they held in common with others fighting for freedom; a shift in decisions by the U.S. Supreme Court; and the social movements waged by women and other groups. These trend lines converged and culminated in the 1970s, a decade which Patterson called quite extraordinary, even though, in his view, America in many respects is still (in the year 2019) in the midst of the lingering rights revolution.”

“Patterson held that the next phase of the rights revolution, almost as important as War II in terms of focusing attention on the deprivation of human rights, began to occur in the 1980s, with the emergence of the fight against modern slavery and human trafficking. Patterson emphasized that trafficking is normally spoken about as a violation of rights, more than it is a violation of freedom. He mentioned sex trafficking, the widespread condemnation of which has led to an alliance of strange bedfellows – the evangelical right and feminist left. He also mentioned labor trafficking, and employers being unable to say ‘stay out of our business’ as various forms of on-the-job inequity are now challenged and subject to outside scrutiny.”

“Patterson gave a tip of the hat to the U.S. Department of State for publishing its annual Trafficking in Persons (TIP) report, and said that, when it comes to condemning trafficking, the Department is better off using the language of rights than it is using the language of freedom. Each year, more and more people are able to make rights claims – for example, women in forced marriages, who have been newly defined as ‘slaves.’ Patterson described the language of rights as infinitely expandable to accommodate new kinds of claims. He saw this largely as a good thing: America is leading by example, expanding rights for an ever increasing number of people. As intimated at other points during his remarks, Patterson said that although he retains great love and respect for the concept of freedom, he thinks it is a mistake for the West to proclaim it to the world and try to convert others into showing similar reverence. Rhetorically speaking, rights are more effective tools to achieve similar ends.”

Patterson’s Responses to Questions

Executive Director Berkowitz “thanked Patterson for his thoughtful talk and then explained that the Commission has heard some criticisms of rights that are very similar to ones Patterson made about ‘freedom’ – that rights are exclusively Western, for example. Berkowitz said he welcomed Patterson’s thoughts on whether criticisms are equally applicable to both concepts.”

  • Patterson “said that, in his view, the [assertion that] rights are Western’ claims are shallower than those waged against freedom. Rights have origins that go at least as far back as the Middle Ages and Reformation. Admitting that there is a complicated story of how the concept of rights evolved and influenced public discourse, Patterson said that ‘rights talk’ – while Western in origin – was, from very beginning, seen as applying to all human beings, unlike freedom. Fundamental rights, thus, were extra-territorial and extra-political.”

Tollefsen “expressed some sympathy for the distinction Patterson drew between freedom and rights. Nothing that there are articulations of freedom that can come into tension with rights, Tollefsen cited the ‘freedom to consume,’ which, when enjoyed, can sometimes mean disregarding the rights of those whose exploited labor produced goods consumers enjoy. But Tollefsen also worried that any moral concern over modern-day slavery must involve an appeal to some notion of freedom.”

  • Patterson “responded that the concepts in question (rights, freedom) definitely overlap. But he said that, when it comes to international advocacy, work on behalf of freedom does not always have the same force or effect that rights-based advocacy does. Patterson mentioned Freedom House, which honors  countries on their honoring of civil and political rights, and contrasted its work with Department’s TIP report. Patterson discussed the TIP report’s 3-tier methodology, a provided the example of Japan, where there was great consternation when the U.S. did it in its TIP report. In response to the demotion, Japan made important reforms. Patterson’s basic point was that the United States can promote liberal democracy (and thus-freedom) abroad but must remember that democracy requires preconditions in order to function successfully. He argued that, when it comes to making rights claims, those preconditions are not as necessary because people have rights regardless of what political system is in place.”

Soloveichik “acknowledged that the concept of freedom has been misused and perverted at times throughout America’s history. But then he cited the abolitionist movement, during which the concepts of freedom and rights appeared to go hand in hand. Soloveichik also mentioned Martin Luther King, Jr., one of whose most famous lines is “let freedom ring.” Soloveichik’s question was whether freedom and rights enhance one another.”

  • Patterson “responded that, yes, at America’s best moments – in some of President Abraham Lincoln’s writings, for example, during the struggle for women’s suffrage and equality, etc. – rights and freedom complement each other ‘sublimely.’ But during our country’s worst moments, the two concepts are twinned in perverted ways – for example, during the Confederacy, when southern liberty was held up as an ideal while African American slaves’ rights were openly and appallingly violated.“

Katrina Swett, the President of the Tom Lantos Foundation for Human Rights and Justice,  said “that she had always thought of freedom and human rights as inextricably connected, but that Patterson’s writings and lecture were very challenging to her past understandings. She wondered as a practical matter if free and democratic societies do the best job of protecting rights.”

  • Patterson “said that, absolutely, they do. But then he mentioned that somewhere on the order of 70% of the world’s chocolate is (or previously was) produced by child labor. In recent years, thousands of NGOs have pressured chocolate manufacturers, farmers, and governments to change this situation. Patterson’s point was that, when it comes to protecting human rights, advocates can achieve progress even in non-democracies. (Democracies are ideal, but they are not the only regimes where rights can be protected.) In another example, he said that China has cut poverty in half. People are no longer starving – because China, though far from a democracy, in certain respects has honored the ‘right to food’ and the ‘right to life.’”

Chair Glendon concluded by thanking Patterson for helping the Commission with a problem it will have to confront – the difficulties and confusion inherent in using terms and concepts to which different groups impute various meanings and connotations.”

Public Comments

Several members of the public made comments. Here is a summary of the more substantive ones.

“A representative from the Center for Family and Human Rights spoke of the unintended consequences of rights expansion: Sometimes people have to give up certain rights in order to accommodate new definitions of rights – thus promoting a ‘competition of rights’ [and?] growing skepticism regarding the United Nations (UN) approach to protecting human [rights. The representative stressed that now is a prime opportunity for basic issues to be [reframed?]”

“Fr. Mark Hodges, an Orthodox priest. spoke about the Christian conception of rights, framework which involves concepts like universal dignity and free will. He urged the Commission to prioritize religious freedom and the right to life.”

“A representative from the Heritage Foundation said that when international bodies like the UN consider all rights on equal footing, it is worth asking whether they are confusing certain ‘desirable ends’ with human rights. He asked how long internal conflicts can persist within the global human rights movement before we reach a point of human rights paralysis, and he wondered whether the proliferation of rights does violence to the notion of unalienable rights. Commissioner Paola Carozza responded that, in international human rights law, there actually is a hierarchy of rights – some are non-derogable, and some achieve status of jus cogens, while others do not.”

“A law professor from the University of Oklahoma then asked whether the comments submitted to the Commission by various civil society groups will be made public, and suggested the Commission publish specific questions, and set specific deadlines, so that outside groups can contribute more efficiently.”

“Representatives from Human Rights Watch urged the Commission to invite ‘grassroots’ human rights defenders to come testify, saying their work is crucial but does not enter into ‘esoteric academic debates.’”

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[1] Update on U.S. Commission on Unalienable Rights, dwkcommentaries.com (Feb. 19, 2020).   

[2] Comm’n Unalienable Rts, Agenda (Nov. 1, 2019); Comm’n Unalienable Rts., Minutes (Nov. 1, 2019).

 

Are Developed Countries Decadent?

Yes, provocatively says Ross Douthat, a conservative New York Times columnist, in a recent lengthy column that deserves reflection by us all. [1}

Introduction

He starts with the assertion that in the 21st century the U.S. and other developed countries “are aging, comfortable and stuck, cut off from the past and no longer optimistic about the future, spurning both memory and ambition while we await some saving innovation or revelation, growing old unhappily together in the light of tiny screens.” In other words, we “really inhabit an era in which repetition is more the norm than invention; in which stalemate rather than revolution stamps our politics; in which sclerosis afflicts public institutions and private life alike; in which new developments in science, new exploratory projects, consistently underdeliver.”

This is an overall depiction of “decadence,” which Douthat defines as “economic stagnation, institutional decay and cultural and intellectual exhaustion at a high level of material prosperity and technological development .” This “stagnation is often a consequence of previous development.”

He then expands upon this opinion by examining current economic, social and political factors.

Economics

“The decadent economy is not an impoverished one. The United States [for example] is an extraordinarily wealthy country, its middle class prosperous beyond the dreams of centuries past, its welfare state effective at easing the pain of recessions, and the last decade of growth has (slowly) raised our living standard to a new high after the losses from the Great Recession.”

But, Douthat says, the U.S. and other developed canopies are not dynamic. “American entrepreneurship has been declining since the 1970s. . . . [There is] a slowdown, a mounting difficulty in achieving breakthroughs [in science and technology].”

One of the sources for this assertion was a 2017 paper by a group of economists, “Are Ideas Getting Harder to Find?” These economists asserted, ““We present a wide range of evidence from various industries, products, and firms showing that research effort is rising substantially while research productivity is declining sharply.”

Another source was Northwestern University economist, Robert Gordon, whom Douthat describes as “one of the most persuasive theorist of stagnation.” Gordon had concluded, “the period from 1840 to 1970 featured dramatic growth and innovation across multiple arenas — energy and transportation and medicine and agriculture and communication and the built environment. Whereas in the last two generations, progress has become increasingly monodimensional — all tech and nothing more.”

Society

“America is a more peaceable country than it was in 1970 or 1990, with lower crime rates and safer streets and better-behaved kids. But it’s also a country where that supposedly most American of qualities, wanderlust, has markedly declined: Americans no longer “go west” (or east or north or south) in search of opportunity the way they did 50 years ago; the rate at which people move between states has fallen from 3.5 percent in the early 1970s to 1.4 percent in 2010. . . . Nor do Americans change jobs as often as they once did.”

“Those well-behaved young people are more depressed than prior cohorts, less likely to drive drunk or get pregnant but more tempted toward self-harm. They are also the most medicated generation in history, from the drugs prescribed for A.D.H.D. to the antidepressants offered to anxious teens, and most of the medications are designed to be calming, offering a smoothed-out experience rather than a spiky high.”

“[P]eople are also less likely to invest in the future in the most literal of ways. The United States birthrate was once an outlier among developed countries, but since the Great Recession, it has descended rapidly, converging with the wealthy world’s general below-replacement norm. This demographic decline worsens economic stagnation; economists reckoning with its impact keep finding stark effects. A 2016 analysis found that a 10 percent increase in the fraction of the population over 60 decreased the growth rate of states’ per capita G.D.P. by 5.5 percent. A 2018 paper found that companies in younger labor markets are more innovative; another found that the aging of society helped explain the growth of monopolies and the declining rate of start-ups.”

“Sterility feeds stagnation, which further discourages childbearing, which sinks society ever-deeper into old age — makes demographic decline a clear example of how decadence overtakes a civilization. For much of Western history, declining birthrates reflected straightforward gains to human welfare: victories over infant mortality, over backbreaking agrarian economies, over confining expectations for young women. But once we crossed over into permanent below-replacement territory, the birth dearth began undercutting the very forces (youth, risk -taking, dynamism) necessary for continued growth, meaning that any further gains to individual welfare are coming at the future’s expense.”

        Politics

“From Trump’s Washington to the capitals of Europe, Western politics is now polarized between anti-establishment forces that are unprepared to competently govern and an establishment that’s too disliked to effectively rule.”

“The structures of the Western system, the United States Constitution and administrative state, the half-built federalism of the European Union, are everywhere creaking and everywhere critiqued. But our stalemates make them impervious to substantial reform, let alone to revolution. The most strident European nationalists don’t even want to leave the European Union, and Trump’s first term has actually been much like Obama’s second, with failed legislation and contested executive orders, and policy made mostly by negotiation between the bureaucracy and the courts.”

        Douthat’s Conclusion

“Complaining about decadence is a luxury good — a feature of societies where the mail is delivered, the crime rate is relatively low, and there is plenty of entertainment at your fingertips. Human beings can still live vigorously amid a general stagnation, be fruitful amid sterility, be creative amid repetition. And the decadent society, unlike the full dystopia, allows those signs of contradictions to exist, which means that it’s always possible to imagine and work toward renewal and renaissance.”

“So you can even build a case for decadence, not as a falling-off or disappointing end, but as a healthy balance between the misery of poverty and the dangers of growth for growth’s sake. A sustainable decadence, if you will, in which the crucial task for 21st-century humanity would be making the most of a prosperous stagnation: learning to temper our expectations and live within limits; making sure existing resources are distributed more justly; using education to lift people into the sunlit uplands of the creative class; and doing everything we can to help poorer countries transition successfully into our current position. Not because meliorism can cure every ill, but because the more revolutionary alternatives are too dangerous, and a simple greatest-good-for-the-greatest-number calculus requires that we just keep the existing system running and give up more ambitious dreams.”

“The longer a period of stagnation continues, the narrower the space for fecundity and piety, memory and invention, creativity and daring. The unresisted drift of decadence can lead into a territory of darkness, whose sleekness covers over a sickness unto death.”

“So decadence must be critiqued and resisted . . . . by the hope that where there’s stability, there also might eventually be renewal, that decadence need not give way to collapse to be escaped, that the renaissance can happen without the misery of an intervening dark age.”

This Blogger’s Conclusion

The societal facts cited by Douthat are well known, and this blog has commented about the economic challenges presented by lower birth rates and aging populations of the U.S. [2] and of his home state of Minnesota. [3] Therefore, this blogger has been and is an advocate for increasing U.S. welcoming  refugees and other immigrants in accordance with the U.S. history of immigration, which should be an U.S. advantage over other countries. [4] Douthat, however, does not mention immigration. Nor does he mention the high costs of raising children in the U.S. as a deterrent to having children. This blog also has discussed declining birth rates and aging populations in Japan, China and Cuba. [5]

This societal situation is also shown by recent U.S. declines in important international socio-political indices: freedom of the press, human development, level of corruption, income inequality, global peace and social progress. These may well relate to Douthat’s thesis.[6]

I agree with Douthat’s assessment of the political scene at least in the U.S. In fact, I believe that the U.S. Constitution is obsolete in so many ways, especially in its anti-democratic U.S. Senate which gives greater weight to land than to people, its filibuster rule, its Electoral College for electing the president and to the difficulty of amending that document.

Douthat’s discussion of current economic conditions presented new facts and analyses for this blogger. As a result, I will be studying Douthat’s forthcoming book, examining the paper by Robert Gordon that is hyperlinked in the column; finding and reading the paper by an unnamed group of economists that is discussed in the column; reading the over 1,000 comments on the column published by the Times; and searching for other opinions on these issues.

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[1] Douthat. The Age of Decadence, N.Y. Times (Feb. 9, 2020). He will expand on this topic in his book: The Age of Decadence: How We Became Victims of Our Own Success (to be released Feb. 25, 2020). An earlier column provided a slice of his analysis in discussing the second decade of our current century: The Decade of Disillusionment, N.Y. Times ( Dec. 28, 2019).      

[2] ] See these posts to dwkcommentaries.com: More Warnings of the Problems Facing U.S. Aging, Declining Population (Aug. 14, 2019); Implications of Reduced U.S. Population Growth (Jan. 10, 2020); U.S. Needs Immigration To Keep Growing and Maintain Prosperity (Feb.16, 2020).

[3] ] See these posts to dwkcommentaries.com: Minnesota’s Challenges of Declining, Aging Population (Oct. 2, 2019); Slower Growth Projected for Minnesota Population in the 2020’s (Dec. 29, 2019).

[4] See these posts to dwkcommentaries.com: Another Report About U.S. Need for More Immigrants (Aug. 25, 2019); Japan Shows Why U.S. Needs More Immigrants (Sept. 1, 2019); Prominent Economist Says Cuts in U.S. immigration Threaten U.S. Economy and Innovation (Oct. 12, 2019); Immigrants Come to U.S. To Work (Jan. 31, 2020); U.S. State Governments Celebrate Refugees’ Accomplishments (Feb. 2, 2020); U.S. Needs Immigrants To Keep Growing and Maintain Prosperity (Feb. 16, 2020).

[5] See these posts to dwkcommentaries.com: Japan Shows Why U.S. Needs More Immigrants (Sept. 1, 2019); Japan Implements New Law Allowing Increased Immigration (Sept. 15, 2019); Cuba’s Aging and Declining Population Continues (Dec. 13, 2019); Continued Demographic Squeeze on Japan (Dec. 26, 2019); “The Chinese Population Crisis” (Jan. 21, 2020); Cuba’s Low Birth Rate, Increasing Emigration and Declining Population (Feb. 3, 2020).

[6] Declining U.S. Rankings in Important Socio-Poltical Indices, dwkcommentaries.com (Aug. 19, 2019).

Continued Demographic Squeeze on Japan  

For 2019 Japan’s population declined by 512,000, the latest sign of the country’s increasing demographic challenges due to declining births (less than 900,000 in 2019, the lowest figure since 1874) and increasing deaths (1.4 million in 2019, the highest since the end of World War II).[1]

Fewer births mean there will be fewer young people entering the workforce to replace retiring workers and support them as they age. This “poses a serious threat to Japan’s economic vitality and the security of its social safety net.”

Moreover, there is no anticipated end to Japan’s declining population. Its “government estimates that the population could shrink by around 16 million people — or nearly 13 percent — over the next 25 years.”

To try to meet this challenge the Japanese government has attempted to increase the fertility rate “by increasing incentives for parents to have more children and reducing obstacles that might discourage those who want to.” But so far that has not been successful for at least the following reasons:

  • First, “marriage is on the decline. The number of marriages dropped by 3,000 year-on-year to 583,000 [in 2019], part of a steep decline over the last decade.”
  • Second, “more people in Japan are putting off childbirth — or not having children at all — either to take advantage of economic opportunities or because they worry that economic opportunities do not exist and feel that they cannot afford children.”
  • Third, parents with younger children face difficult challenges. “Demand for day care in the country far outstrips supply, making it difficult for working women to juggle careers and children. And working men who want to take advantage of the country’s generous paternity leave can find themselves stigmatized by an entrenched cultural belief that a man’s place is in the office, not in the home.”

As noted in another post, Japan is attempting to increase the number of immigrants, contrary to long-standing Japanese norms against immigration. It also is promoting the use of robots to supplement its shrinking workforce.[2]

Other countries are facing similar problems. South Korea has an even lower birth rate than Japan. And China and the U.S. also have declining birth rates.[3]

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[1] Dooley, Japan Shrinks by 500,000 People as Births Fall to Lowest Number Since 1874 (Dec. 24, 2019)  See also Japan Shows Why U.S. Needs More Immigrants, dwkcommentaries.com (Sept. 1, 2019).

[2] Japan Implements New Law Allowing Increased Immigration, dwkcommentaries.com Sept. 15, 2019).

[3] Impact of Declining, Aging Rural Populations, dwkcommentaries.com (May 22, 2019); Other Factors Favoring More U.S. Immigration, dwkcommentaries.com  (May 17, 2018); The Importance of a Growing U.S. Population, dwkcommentaries.com (Mar. 27,  2017).

 

 

 

 

 

 

 

 

 

 

 

 

Japan Implements New Law Allowing Increased Immigration

A prior post discussed Japan’s economic problems created by its aging, declining workforce and population.   In reaction to those problems, Japan has adopted a new law, effective this April, to encourage immigration, but with limitations designed to prevent social and political turmoil that the U.S. and Europe have been experiencing from immigration.[1]

The new law was proposed by Prime Minister Shinzō Abe, who made an economic argument for welcoming overseas workers. He has said they would boost the economy and fill jobs that Japanese people often don’t want. However, Mr. Abe “told a group of economic officials and business leaders he has “no intention of implementing a so-called immigration policy,” meaning he didn’t envision setting a target for permanent admissions of immigrants.

Instead, he said, the point was “to aid sectors of the economy in real need by accepting foreign workers for limited stays and without their family members.” Initially only five sectors or industries were proposed for coverage by the new law, but after complaints by other industries, the scope of the program was expanded to 14 industries.

The new visa program requires candidates to prove a basic level of Japanese-language ability. The language requirement is important to foster acceptance of foreign workers and discourage cultural enclaves that could trigger a backlash, said  Junko Yagasaki, a law professor at Meiji University in Tokyo.

In many cases, foreign workers in Japan cannot bring family members and can’t stay longer than five years.  Only in the most labor-starved industries can foreigners secure a path to permanent residency—and the government can cut off the flow if the shortage eases.”

In addition, the new program allows the government to dial back immigration if there is a recession or technological shift that eliminates the need for foreign help. Economists at Mitsubishi Research Institute forecast that Japan’s labor shortage will peak at around two million people next year and gradually fall back to zero around 2028 because of expected advances in robotics and artificial intelligence.

Japan expects to use the new program to admit around 340,000 foreign workers in lower-skilled positions over the next five years. “In the past four years, the number of foreign workers in Japan has nearly doubled to 1.46 million, and the new visa system promises to accelerate the influx.”

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[1] Gale & Davis, The Great Immigration Experiment: Can a Country Let People in Without Stirring Backlash?, W.S.J. (Sept. 11, 2019).

 

Japan Shows Why U.S. Needs More Immigrants   

This blog consistently has argued for the U.S. needing more immigrants.[1] This argument is strengthened by looking at the problems being experienced by Japan with practically no immigration, as recounted by Francisco Toro, a Venezuelan political commentator with Japanese relatives. [2]

“Japan’s population is shrinking, with far-reaching consequences that seep into every corner of life here. . . . As the country ages and older people die with no one to replace them, neighborhoods across Japan are also slowly dying.”

Just one sign of this is the existence of “abandoned houses like the one blighting my in-laws’ street. . . .Such houses have “fallen badly into disrepair. None of the heirs seems interested in [them]: The taxes are too high, and there isn’t really a market for this kind of house anyway.]”

“As many as 8 million houses in Japan are vacant, and the trend is only deepening. Rural villages are disappearing, and more and more Japanese towns and suburbs have become ‘dying communities’ where children are a rare sight; authorities barely manage to find the care workers needed to look after legions of retirees.”

“A solid [Japanese] political consensus has rejected mass immigration here for as long as anyone can remember, leaving this one of the most homogeneous countries on earth. You can think of Japan as a kind of Trumpian paradise: an ethnically defined national community with few foreigners. And no future.” (Emphasis added.)

Japan has a “demographic collapse that has left the country a pale shadow of the economic powerhouse that made Americans paranoid a generation ago. A chronic dearth of new workers has left economic growth lagging for a generation, turning “japanification” into economic shorthand for decline. All that — plus the ossified 1950s gender roles that simply never went away here — has turned Japan into one of the least attractive places for women to have children. Low birth rates only compound the demographic death spiral.”

“The [Japanese] government has begun making more work permits available to foreign workers, but makes little effort to help them integrate. Visa rules force most foreign workers to apply for extensions frequently and prevent them from bringing their families. By all accounts, discrimination in housing is rife, as well as perfectly legal. The foreign workers who do come can’t fail to hear the message: Come, work, but don’t think you’re welcome to stay.”

In short, “economic imperatives and cultural consensus are at war in Japan . . . . It’s no longer possible for the country to continue to pretend it can get by without migrants. But it’s politically impossible to truly welcome them, either. The result is that more and more jobs simply stay vacant, not just in industry and agriculture but also in the kinds of elder-care jobs this aging country most desperately needs to fill.”

For the U.S., Japan is “a bright red warning sign of demographic meltdown, and an indictment of a society that has chosen homogeneity over progress. . . . [H]omogeneity leads to decline, while diversity offers at least a chance of ongoing vitality and prosperity.”

Japan also may have a positive message for the U.S.  After reviewing the many problems in U.S. “assisted-living” facilities, the author says, “Perhaps the United States can learn from Japan, which is a few decades ahead of us in grappling with how to care for its rapidly aging population. Japan created a national long-term-care insurance system that is mandatory. It is partly funded by the government but also by payroll taxes and additional insurance premiums charged to people age 40 and older. It is a family-based, community-based system, where the most popular services are heavily subsidized home help and adult day care. Japanese families still use nursing homes and assisted living facilities, but the emphasis is on supporting the elder population at home.” [3]

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[1] See, for example, these 2019 posts to dwkcommentaries.com: Another Report About U.S. Need for More Immigrants (Aug. 25, 2019); More Warnings of the Problems Facing U.S. Aging, Declining Population (Aug. 14, 2019); Additional Support for U.S. Needing More Immigrants (May 18, 2019); Trump Erroneously Says U.S. Is “Full,” (April 9, 2019); U.S. Construction Industry Needs More Immigrants (April 3, 2019); Businesses Need More Immigrants (Mar. 24, 2019);“America’s Farms Need Immigrants” (Mar. 22, 2019).

[2]  Toro, Japan is a Trumpian paradise of low immigration rates. It’s also a dying country, Wash. Post (Aug. 29, 2019).

[3]  Anand, How Not to Grow Old in America, N.Y. Times (Aug. 29, 2019).

 

Cuba’s Current Dire Economic Situation 

In the midst of the flurry of recent commentary about the new U.S. policies regarding  Cuba, including this blog’s current exploration of the many facets of those policies, it is easy to ignore or forget Cuba’s very difficult current economic situation, which only will be made worse by these U.S. policies. Here is some information about that economy.[1]

According to the Associated Press, “After two decades of relative stability fueled by cheap Venezuelan oil, shortages of food and medicine have once again become a serious daily problem for millions of Cubans. A plunge in aid from Venezuela, the end of a medical services deal with Brazil and poor performances in sectors including nickel mining, sugar and tourism have left the communist state $1.5 billion in debt to the vendors that supply products ranging from frozen chicken to equipment for grinding grain into flour, according to former Economy Minister José Luis Rodríguez.”

“That economy is afflicted by deep inefficiency and corruption. Many state employees demand bribes to provide services to the public. Others spend only a few hours a day at their jobs, spending the rest of their time doing informal private work or selling supplies stolen from their office, warehouse or factory. Despite a highly educated and generally well-qualified workforce, Cuba’s industrial sector is dilapidated after decades of under-investment. The country produces little of value on the global market besides rum, tobacco and the professionals who earn billions for the government working as doctors, teachers or engineers in friendly third countries.”

“The agricultural sector is in shambles, requiring the country to import most of its food. Economy Minister Alejandro Gil said Saturday that Cuba would spend $5 billion on food and petroleum products this year.”

“Over the last 20 years, many of those billions came from Venezuela’s socialist government, which has deep ties to Cuba’s and sent nearly 100,000 barrels of oil daily for years. With Venezuela’s economic collapse, that has roughly halved, along with deep cutbacks in the economic relationship across the board. And the news has been bad in virtually every other sector of the Cuban economy. Nickel production has dropped from 72,530 metric tons in 2011 to 50,000 last year, according to Rodríguez, the former economics minister. The sugar harvest dropped nearly 44%, to a million tons. The number of tourists grew only 1%, with many coming on cruise ships, a relatively unprofitable type of visitor. Overall GDP growth has been stuck at 1% for the last three years.”

“Meanwhile, under agreements Castro struck to rehabilitate Cuba’s creditworthiness, the country is paying $2 billion in debt service to creditors such as Russia, Japan and the Paris Club.”

“Stores no longer routinely stock eggs, flour, chicken, cooking oil, rice, powdered milk and ground turkey, among other products. These basics disappear for days or weeks. Hours-long lines appear within minutes of trucks showing up with new supplies. Shelves are empty again within hours.”

“No one is starving in Cuba, but the shortages are so severe that ordinary Cubans and the country’s leaders are openly referring to the ‘special period,”’the years of economic devastation and deep suffering that followed the collapse of the Soviet Union, Cuba’s Cold War patron.”

“‘It’s not about returning to the harshest phase of the special period of the ’90s,’ Communist Party head Raul Castro said last week. ‘But we always have to be ready for the worst.’”

“Two days later, President Miguel Díaz-Canel said cutbacks were necessary because: ‘This harsh moment demands we set clearly defined priorities in order to not return to the worst moments of the special period.’’”

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

[1] Assoc. Press, Shortages Hit Cuba, Raising Fears of New Economic Crisis, N.Y. Times (April 18, 2019).

 

 

“Is One New Humanity Possible?”

Sunday, October 7, was World Communion Sunday at Minneapolis’ Westminster Presbyterian Church. This was celebrated with global music, including pieces from African-Americans (“McKee” by Matthew H. Cori and “In Christ There Is No  East or West”), Japan (“Here, O Lord, Your Servants Gather” by Isao Koizumi), Taiwan (“Search Me, O God”), Argentina (“Glory, Glory, Glory”), Jamaica (“Let Us Talents and Tongues Employ”) and South Africa (“Thula Sizwe”).

The sermon, “Is One New Humanity Possible?” by Senior Pastor Tim Hart-Andersen explored this global theme as well.

The Scriptures

Ephesians 2:11-22 (NRSV):  

  • “So then, remember that at one time you Gentiles by birth, called ‘the uncircumcision’ by those who are called ‘he circumcision’—a physical circumcision made in the flesh by human hands— remember that you were at that time without Christ, being aliens from the commonwealth of Israel, and strangers to the covenants of promise, having no hope and without God in the world. But now in Christ Jesus you who once were far off have been brought near by the blood of Christ. For he is our peace; in his flesh he has made both groups into one and has broken down the dividing wall, that is, the hostility between us. He has abolished the law with its commandments and ordinances, that he might create in himself one new humanity in place of the two, thus making peace, and might reconcile both groups to God in one body[ through the cross, thus putting to death that hostility through it. So he came and proclaimed peace to you who were far off and peace to those who were near; for through him both of us have access in one Spirit to the Father. So then you are no longer strangers and aliens, but you are citizens with the saints and also members of the household of God, built upon the foundation of the apostles and prophets, with Christ Jesus himself as the cornerstone. In him the whole structure is joined together and grows into a holy temple in the Lord; in whom you also are built together spiritually into dwelling place for God.”

The Sermon

“But now in Christ Jesus you who once were far off have been brought near…that he might create in himself one new humanity in place of the two.”

“The problem in Ephesus 2000 years ago was a divided humanity and the animosity that came with it – not all that different from the times in which we live, in many ways.”

“So Christ Jesus came and proclaimed peace to you who were far off and peace to those who were near.”

“From the Jewish perspective the population of the ancient Greek city of Ephesus was split in two, those “who were near’ – Jews, members of the covenant community of God’s people – and those ‘who were far off’ – Gentiles, outside the circle of the covenant community. ‘Near’ and ‘far off’ are not geographic terms; they refer to neighbors, co-workers, fellow students, people you see in the store, between whom there existed, in the words of Ephesians, a ‘dividing wall of hostility.’”

“In Ephesus those not sharing the same faith tradition or language, culture or politics did not share the same humanity. They were separated. They were other. They were alien. They were far off and someone else was at the center.”

“The problem of ‘the other’ is as old as humanity itself. It was there in Ephesus, and it is here, among us, today. It appeared in a variety of guises back then; the world was divided into male and female, slave and free, Jew and Greek. There was always the other.”

“It’s no different in our time. Racism grows out of an othering based on skin color. People with differing abilities become the other. Or people making minimum wage. Or immigrants. Or people of wealth. Or people living on the streets. And on and on it goes…rural-urban, left-right, Republicans-Democrats, men-women.”

“Sometimes we’re the other; sometimes we do the othering. We all tend to conjugate humanity into what we perceive to be its constituent parts – as if that will solve something or somehow satisfy us.”

“On the contrary, that tendency, if left unchecked, will be our undoing. That’s true not only in our national life, but on the global stage, as well. If we continue to approach the world and life in our communities as if our particular group or nation . . . [was] at the center, isolated from others not like us, that center will not hold. The dividing walls of hostility between them and us, if not dismantled, will ruin us.”

“The response of the Christian Church in ancient Ephesus was to use their imagination and develop a dream of an utterly different world in which people celebrated and welcomed the other. The followers of Jesus referred to it as a new humanity, and they saw it as God’s intention in Jesus Christ. The goal was not to do away with differences or cover them over or negate them, as if they weren’t real, but, rather, to learn to live with them, and to see them as a strength…in fact, places where God might be found.”

“’So then you are no longer strangers and aliens,’ the writer of Ephesians says, ‘But you are citizens with the saints and also members of the household of God.’”

Václav Havel argues that only by transcending the self – which is the goal of religious traditions – will we overcome our tendency to deny the humanity of the other. He defines transcendence as…“A deeply and joyously experienced need to be in harmony even with what we ourselves are not, with what we do not understand, with what seems distant from us in time and space, but with which we are mysteriously linked because, together with us, all this constitutes a single world.[1]

“One new humanity.”

“At the conclusion of one of the most rancorous and dispiriting and painful weeks in recent American history, and a month away from a pivotal, acrimonious election, one new humanity seems impossible to attain – almost ludicrous to consider, even laughable. Political culture has been debased to a take-no-prisoners approach in which survivors of sexual assault are mocked, opponents are bullied, and lying has become acceptable.”

“As followers of Jesus we’re committed to a moral vision for our life together, but it doesn’t look like that.”

“One new humanity will not abide division based on race or economics, gender or social position or power. It will insist on the inherent worth of every individual. It will never stop asking how to make the world more just. It will seek to sustain the one, beautiful planet we have. And it will reject fundamentalism of any kind, because fundamentalisms, whether religious or political, are always declared at someone else’s expense. They thrive on an ‘other,’ who is wrong, who is outside, who is not included.”

“This is not a secular vision, devoid of spiritual content. It’s a religious vision – our religious vision. Ephesians is clear about this, and we should be, too. For us, Jesus Christ is the wellspring of one new humanity. To follow Jesus means to enter into the difficult work of learning to live together with all our differences and disagreements. Our faith in Jesus compels us to speak the truth, yes, sometimes with righteous rage, but always in love, trying not to let anger over injustice turn us into that which we protest.”

“One new humanity. Small steps matter. It will take disarming imagination to do this, like that of a seven-year old. We’ll need a new way of seeing the world, born of our religious conviction and counter to everything the world tells us. We’re going to have to resist and reject the way the world is and offer an alternative vision.”

Václav Havel says a divided, rancorous, hostile world calls for transcendence that refuses to let the way things are, be the way they have to be. Can we not dream beyond the ugly reality that has such a vice-grip on us and then work together toward that dream, that vision that emerged from Ephesus so many years ago?”

“The monk Thomas Merton described a vision, . . . so moving and so descriptive of the essence of what we’re trying to do with a religious vision that reaches past the otherness in which we dwell. It happened to him on March 18, 1958, in Louisville, Kentucky. ‘At the corner of Fourth and Walnut, in the center of the shopping district,’  Merton writes,’I was suddenly overwhelmed with the realization that I loved all those people, that they were mine and I theirs, that we could not be alien to one another even though we were total strangers.’”[2]

“Our nation is desperate for such a vision to begin to remove the dividing wall of hostility – not to make us all the same and agree on everything, but to teach us to live with our differences in a way that honors them and respects them, and each one of us. I’m not talking only about political differences, although they may be uppermost in our mind these days. But I’m also thinking about race and socio-economic status, and education, and geography, and where we live in the city.”

“The old order was based on fear, and when we are afraid of one another we turn each other into enemies. The new order that comes out of the gospel is based on hope – and, as Maya Angelou says, ‘Hope and fear cannot occupy the same space.’”

“E pluribus unum. Out of many, one. It was the imperfect vision of the nation’s founders, with which we are still blessed and which we are still trying to get right.”

“Last summer in New Mexico we climbed to the top of a high mesa one day. It was a stunning view. We could see for miles over the desert landscape. Another couple soon joined us. They were immigrants from Albania. We talked, and they told us their story. They had fled as refugees to Greece, Italy, and other countries, before finally being welcomed to the U.S. They were so happy to be here. They both had settled and found jobs, and now they were on a road trip to take in their new country.”

“’God bless America,’ they said in heavily accented English. They were aliens no more.”

“Citizens with the saints and also members of the household of God.”

“One new humanity is possible, but it will take vision, and work. It’s the calling of the church. Some of us will have to set aside the privilege we enjoy, by virtue of where we fit in the culture, in order to enter the narrative of people considered the other, because our very status is a wall, whether we want it to be or not, between us and them. A good way to begin might be by listening to one another, listening to one another as we have never listened before.”

“Westminster’s Race and Grace dialogues are one place where that listening is happening. It happens, as well, in our global partnerships in Cuba, Palestine, and Cameroon, as we listen and then learn the stories of people who have been othered by history. And it can happen where we work, with our neighbors, at school. Even in our families. I know families are feeling these dividing walls of hostility. I hear it all the time from church members.”

“I had my own Thomas Merton-like moment last week. We went out to eat at a Vietnamese restaurant 15 blocks south of here called Quang Restaurant.

“It has one big, open room, no divisions, with lots of tables, and they were all full. It was like walking into the world at dinner. There were people from Asia, Africa, Latin America, and Europe sitting at the tables. Older folks, young families, single adults, children running around. Different languages. People who drove fancy new cars and others who came on the bus. Mixed groups eating together and talking with one another.”

“It was noisy and steamy and smelled of good food, and I suddenly felt kinship with them all, as if everyone were at the same table. It was World Communion Sunday a few days early. I had glimpsed – in Quang’s – the friendship within the human family that God so desires of us.”

“One new humanity is possible, through the transcendent power of God’s love, as we know that love in Jesus Christ – a love that can overcome anything that wants to keep us apart, even the dividing walls of hostility among us. And then one new humanity, one new humanity, has a chance of growing.”

“Thanks be to God.”

Reflections

One new humanity is possible. Everyone can contribute to making that possible, one small step at a time. With humility each of us needs to recognize that one individual cannot do it all yourself, but that you can do something within your limited circumstances. Also recognize that sometimes you will fail in this effort and you will ask God for forgiveness.

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[1] Václav Havel (1936-2011) was a Czech statesman, writer and former dissident, who served as the last President of Czechoslovakia from 1989 until its dissolution in 1992 and then as the first President of the Czech Republic from 1993 to 2003. The above quotation appeared in Rabbi Jonathan Sacks, The Dignity of Difference [New York: Continuum, 2000], p. 45); Sachs, now Baron Sacks, MBE is a British Orthodox rabbi, philosopher, theologian, author and politician who served as the Chief Rabbi of the United Hebrew Congregations of the Commonwealth from 1991 to 2013.

[2] Thomas Merton’s Mystical Vision in Louisville, Spiritual Travels.

 

 

 

U.N. Official’s Report About  U.S. Poverty Is Criticized by U.S. 

On June 22, Philip G. Alston, the U.N. Special Rapporteur on Extreme Poverty and Human Rights,[1] presented to the U.N. Human Rights Council in Geneva, Switzerland his final report criticizing certain U.S. poverty policies. It immediately was condemned by U.S.  Ambassador to the U.N. Nikki Haley with a  prompt retort by Mr. Alston. We will examine these developments and then analyze this controversy.

Special Rapporteur’s Report on U.S.[2]

In his oral summary of the report, the Special Rapporteur made the following overall findings:

  • “[T]he combination of extreme inequality and extreme poverty generally create ideal conditions for small elites to trample on the human rights of minorities, and sometimes even of majorities. The [U.S.] has the highest income inequality in the Western world, and this can only be made worse by the massive new tax cuts overwhelmingly benefiting the wealthy. At the other end of the spectrum, 40 million Americans live in poverty and 18.5 millions of those live in extreme poverty.  In addition, vast numbers of middle class Americans are perched on the edge, with 40% of the adult population saying they would be unable to cover an unexpected $400 expense.”
  • “In response, the Trump administration has pursued a welfare policy that consists primarily of (i) steadily diminishing the number of Americans with health insurance (‘Obamacare’); (ii) stigmatizing those receiving government benefits by arguing that most of them could and should work, despite evidence to the contrary; and (iii) adding ever more restrictive conditions to social safety net protections such as food stamps, Medicaid, housing subsidies, and cash transfers, each of which will push millions off existing benefits.”
  • “My report demonstrates that growing inequality, and widespread poverty which afflicts almost one child out of every five, has deeply negative implications for the enjoyment of civil and political rights by many millions of Americans. I document the ways in which democracy is being undermined, the poor and homeless are being criminalized for being poor, and the criminal justice system is being privatized in ways that work well for the rich but that seriously disadvantage the poor.  Underlying all of these developments is persistent and chronic racial bias.  That bias also helps to explain the abysmal situation in which the people of Puerto Rico find themselves.  It is the poorest non-state in the Union, without a vote in Congress, at the mercy of an unelected and omnipotent oversight board, and suffering from record poverty levels in the aftermath of Hurricane Maria.”
  • In many cities and counties, “state and county taxes are capped; public budgets are slashed; governments are left without essential resources; they instruct their police departments to impose and collect more fines to fund the general budget; these fines fall overwhelmingly upon the poor; the victims cannot pay the fines and so additional penalties and fees accumulate; most scrimp and pay but some default and are imprisoned; when they are in prison their economic and family situations collapse; and when they emerge from prison they are even less unemployable because they have a conviction.”

Based upon these finding, the Special Rapporteur made these recommendations for the U.S.: (1) “acknowledge that America’s proudest achievement –a vibrant democracy – is in peril unless steps are taken to restore the fabric from which it was crafted, including the adage that ‘all are created equal.’” (2) “Stop irrationally demonizing taxation and begin exploring how reasonable taxes can dramatically increase the social well-being of Americans and the country’s economic competitiveness.” (3) Provide “universal healthcare [that] . . . would rescue millions from misery, save money on emergency care, increase employment, and generate a healthier and more productive workforce.”

Ambassador Haley’s Criticism of the Report[3]

 On June 21 (the day before the official release of the report), Ambassador Haley in a letter to U.S. Senator Bernie Sanders (Ind., VT), said. “ I am deeply disappointed that the Special Rapporteur used his platform to make misleading and politically motivated statements about American domestic policy issues. Regrettably, his report is an all too common example of the misplaced priorities and poor use of funds proven to be rampant throughout the UN system. The report categorically misstated the progress the [U.S.] has made in addressing poverty and purposely used misleading facts and figures in its biased reporting.”

“It is patently ridiculous for the [U.N.] to examine poverty in America. In our country, the President, Members of Congress, Governors, Mayors, and City Council members actively engage on poverty issues every day. Compare that to the many countries around the world, whose governments knowingly abuse human rights and cause pain and suffering.”

“Rather than using his voice to shine a light on those vulnerable populations [in Burundi and the Democratic Republic of the Congo], and so many others, the Special Rapporteur wasted the UN’s time and resources, deflecting attention from the world’ s worst human rights abusers and focusing instead on the wealthiest and freest country in the world.”

U.S. Mission to Geneva’s Criticism[4]

“The right to property, the right to pursue one’s own livelihood, and the right of free association are core economic and social rights by any reasonable definition, and have been core rights of the United States since its founding. The world knows that the U.S. economy is the largest, the most influential, and the most innovative on the planet.”

“Indeed, the U.S. is entering a new era of economic growth and prosperity.  Strong gross domestic product growth and increasing investment have already created 3.4 million new jobs, brought 900,000 workers off the sidelines since the President took office, and lowered unemployment to its lowest point in nearly 50 years.  The administration is fighting for American jobs and American workers, and standing strong with those that are standing strong for a more prosperous American economy. Sadly, Mr. Alston’s report does not give due credit to current policies enacted by this administration to spur economic growth and the prosperity it brings for all Americans.”

“We note that U.S. federal, state, and local governments guarantee emergency health care, a right to equal access to education, pursue policies that promote access to food, and support the need to promote, protect, and respect human rights in carrying out housing policies.  For example, the U.S. Department of Housing and Urban Development (HUD) and other federal agencies support communities that establish centralized or coordinated assessment systems, emphasizing that coordinated entry processes to ensure all people experiencing a housing crisis in a community have fair and equal access and are connected to available housing and related assistance based on their strengths and needs.  Across the nation, local homelessness provider organizations under a consortium called “Continuums of Care” support persons in emergency shelters and transitional housing programs as well as those living unsheltered on the streets through grants providing critically needed support to local programs on the front lines of serving individuals and families experiencing homelessness.  In January of this year, the ‘Continuums of Care’ provided a record $2 billion to support more than 7,300 local homeless assistance programs across the nation.  There is also robust funding for programs such as Emergency Shelter Grants and other programs like Community Development Block Grants that can be used to assist homeless.  This U.S. administration stands shoulder-to-shoulder with our partners to support real housing solutions for those who may otherwise be living in our shelters or on our streets.”

“Furthermore, the [U.S.] has robust legal protections to prohibit discrimination in the enjoyment of rights that are provided by domestic law.  For example, in the area of housing, HUD actively monitors and enforces laws prohibiting discrimination.  In 2016, HUD, along with its state and local partners, investigated more than 8,300 housing discrimination complaints and obtained over $25.2 million in compensation; through its Fair Housing Assistance Program, HUD paid state and local government partners more than $24.6 million to support local enforcement activities and outreach activities.  That same year, HUD also awarded through its Fair Housing Initiatives Program $38 million in grants to 155 organizations for private enforcement to prevent or eliminate discriminatory housing practices and for educational initiatives to inform individuals of their rights and responsibilities.”

“It is regrettable that the Special Rapporteur, while acknowledging that the political status of Puerto Rico is beyond his mandate, nevertheless chose to opine on the matte. Puerto Rico is a self-governing territory of the United States that achieved self-determination in 1952. In successive referenda, the residents of Puerto Rico have made the democratic choice to maintain the island’s current status or to pursue statehood, with a very small fraction opting for independence. Like the states of our federal system, the vast majority of Puerto Rico’s affairs are governed by a popularly elected governor and legislature, and disputes are settled by Puerto Rico’s independent judiciary.  It is baseless to argue, as the Special Rapporteur does, that Puerto Rico “is no longer a self-governing territory” when in fact its residents enjoy and exercise extensive democratic rights.  Furthermore, the U.S. administration is awarding over $18 billion in disaster recovery and mitigation funds to Puerto Rico, through HUD’s Community Development Block Grant – Disaster Recovery Program.”

“Accusations that the [U.S.] shows ‘contempt and hatred’ for the poor, including accusations of a criminal justice system designed to keep low income persons in poverty while generating public revenue, are inaccurate, inflammatory, and irresponsible.  The U.S. funds large public assistance programs designed to help low-income Americans, including $565.5 billion for Medicaid, $63 billion for Supplemental Nutrition Assistance Program (SNAP) benefits, and $42.5 billion for housing assistance programs.  In fact, more than $1 trillion dollars in means-tested benefits are provided to the poor annually by federal and state governments.  Based on some measures of consumption, poverty is down by 77 percent since 1980.  Recent studies using the Consumer Expenditure Survey suggest that only 175 of 222,170 surveyed American households reported spending less than an extreme poverty threshold figure of $4.00 a day, which implies that there are only approximately 250,000 persons in “extreme poverty” circumstances, rather than the exaggerated figure cited by the Special Rapporteur.  Regardless, any number of Americans with this severe level of economic difficulties should not be ignored, and a stronger focus of the Special Rapporteur on the problems and remedies for this population would have been welcome.”

Special Rapporteur’s Response[5]

“The suggestion that this Council should only consist of rights-respecting States was made long ago by the US and others, but abandoned because there are no workable criteria to determine who should qualify under such a test, and because a body composed only of self-appointed good guys would not only be tiny but would be talking unproductively among themselves.  Human rights promotion requires robust engagement, not behaving like the kid who takes his football and goes home.”

“Ambassador Haley complained that the Council has done nothing about countries like Venezuela.  In fact I and several other special rapporteurs reported earlier this year that ‘vast numbers of Venezuelans are starving, deprived of essential medicines, and trying to survive in a situation that is spiraling downwards with no end in sight.’  We warned of ‘an unfolding tragedy of immense proportions.’”

Moreover, “this Council has published many report detailing the situations in [Burundi and the Democratic Republic of Congo].” And “when [the U.S.,] one of the world’s wealthiest countries, does very little about the fact that 40 millions of its citizens live in poverty, it is entirely appropriate for the reasons to be scrutinized.”

“If this Council stands for anything, it is the principle of accountability – the preparedness of States to respond in constructive and meaningful ways to allegations that they have not honored their human rights commitments. The United States position, expressed by Ambassador Haley, [erroneously] seems to be that this Council should do far more to hold certain states to account, but that it should exempt the [U.S.] and its key allies from such accountability.”

“Ambassador Haley called my report ‘misleading and politically motivated.’ She didn’t spell out what was misleading but other stories from the same media outlet emphasized two issues.”

“The first is that my report uses official data from 2016, before President Trump came to office.  That is true, for the simple reason that there will be no Census Bureau data on the Trump era until September this year.  But these data provide the best available official baseline, and my report then factors in the effects of the combination of massive tax cuts for the wealthy and systematic slashing of benefits for the less well-off.”

“The second criticism . . . is that the US ‘economy continues to roar to life under President Trump.’ Indeed, the US economy is currently booming, but the question is who is benefiting. Last week’s official statistics show that hourly wages for workers in “production and nonsupervisory” positions, who make up 80% of the private workforce, actually fell in 2017.  Expanding employment has created many jobs with no security, no health care, and often with below-subsistence wages.  The benefits of economic growth are going overwhelmingly to the wealthy. Average pre-tax national income per adult in the US has stagnated at $16,000 since 1980 for the bottom 50% of the income distribution, while it has really boomed for the top 1%, a trajectory that has been quite different from that in most European countries. Even the IMF has warned that in the US “prospects for upward mobility are waning, and economic gains are increasingly accruing to those that are already wealthy”. In other words, the American dream of mobility, is turning into the American illusion, in which the rich get ever richer, and the middle classes don’t move.”

U.S. Withdrawal from U.N. Human Rights Council[6]

 As reported in a prior post, on June 19, the U.S. announced its withdrawal from the Human Rights Council, and on June 22, a spokesman for Ambassador Haley said that the Alston report had nothing to do with that decision. However, when Alston arrived in the U.S. last year, as noted above, he recently said, “A senior official said . . .my report could be a factor in whether the U.S. decided or not to stay in the council. I think I was being sent a message.”

Conclusion

There are many reasons why Ambassador Haley’s criticism of this report is unwarranted. Here are some.

First, the U.S. in June 2017 apparently joined other Council members in approving the resolution extending the mandate for the Special Rapporteur to, among other things, “(a) Further examine the relationship between the enjoyment of human rights and extreme poverty; [and] (b) Identify alternative approaches to the removal of all obstacles, including institutional ones, at the regional, national and international, public, corporate and societal levels, to the full enjoyment of human rights for all people living in extreme poverty.” That resolution also called “upon all Governments to cooperate with and assist the independent expert in his or her task, to supply all necessary information requested by him or her and to give serious consideration to responding favorably to the requests of the independent expert to visit their countries, to enable him or her to fulfil his or her mandate effectively.”[7]

Second, the U.S. invited the Special Rapporteur to visit the U.S., initially by the Obama Administration and then by the Trump Administration on June 8, 2017, at a Human Rights Council meeting.

Third, on November 29, 2017, a Human Rights Council Press Release announced that the Special Rapporteur would be visiting the U.S. in December 2017 with a detailed itinerary “to examine government efforts to eradicate poverty in the country, and how they relate to US obligations under international human rights law.” Mr. Alston said, “Some might ask why a UN Special Rapporteur on extreme poverty and human rights would visit a country as rich as the United States. But despite great wealth in the US, there also exists great poverty and inequality.”[8]

Fourth, on December 15, 2017, at the conclusion of his visit to the U.S., the Special Rapporteur released a statement on his visit with the following comments that later turned out to be a preview of the final report the following June:[9]

  • The U.S. is harnessing “neither its wealth nor its power nor its technology . . . to address the situation in which 40 million people continue to live in poverty.
  • He provided some details on both the negative and positive things he had witnessed as well as statistical comparisons of the U.S. with other countries. “American exceptionalism was a constant theme in my conversations.  But instead of realizing its founders’ admirable commitments, today’s United States has proved itself to be exceptional in far more problematic ways that are shockingly at odds with its immense wealth and its founding commitment to human rights.  As a result, contrasts between private wealth and public squalor abound.”
  • The then “proposed tax reform package stakes out America’s bid to become the most unequal society in the world, and will greatly increase the already high levels of wealth and income inequality between the richest 1% and the poorest 50% of Americans.  The dramatic cuts in welfare, foreshadowed by the President and Speaker Ryan, and already beginning to be implemented by the administration, will essentially shred crucial dimensions of a safety net that is already full of holes.”
  • The “indispensable ingredients for a set of policies designed to eliminate poverty. . . include: democratic decision-making, full employment policies, social protection for the vulnerable, a fair and effective justice system, gender and racial equality and respect for human dignity, responsible fiscal policies, and environmental justice. Currently, the United States falls far short on each of these issues” while providing further details.

Fifth, the Special Rapporteur, as of June 2018, has visited or plans to visit or has made comments about other wealthy countries (United Kingdom, and Japan), developing countries (China and Brazil)  and poorer countries (Ghana and Venezuela). [10]

Sixth, the Special Rapporteur correctly observes that human rights obligations are imposed on every country, regardless of its wealth.

Finally, recall that Ambassador Haley first criticized human rights groups for their failure to support U.S. efforts to reform the Human Rights Council as a contributing cause for the U.S. withdrawal from the Council.

The short response to the Ambassador is Shakespeare’s line in Hamlet, “The lady doth protest too much, methinks.”

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

[1] Alston is an Australian citizen and John Norton Pomeroy Professor of Law, New York University and Director of NYU Center for Human Rights and Global Justice. Here is the website for the Special Rapporteur.

[2] U.N. Hum. Rts. Council, Oral Statement by Mr. Philip Alston Special Rapporteur on extreme poverty and human rights (June 22, 2018); Assoc. Press, UN Expert Slams US on Poverty, Quitting Global Rights Body, N.Y. Times (June 22, 2018).

[3]  Haley, Letter to Sen. Sanders (June 21, 2018); Stein, Nikki Haley: ‘It is patently ridiculous for the United Nations to examine poverty in the United States, Wash. Post (June 22, 2018).

[4] U.S. Mission to Geneva, Country Concerned Statement in Response to SR Alston’s report on the United States (June 22, 2018).

[5] U.N. Hum. Rts. Council,  Oral Statement by Mr. Philip Alston Special Rapporteur on extreme poverty and human rights (June 22, 2018).

[6] Stein, ‘I think I was being sent a message’: U.S. warned U.N. official about report on poverty in America, Wash. Post (June 22, 2018).

[7]  U.N. Hum. Rts. Council, HRC/RES/35/19 Human rights and extreme poverty (June 22, 2017); U.N. Hum. Rts. Council, HRC/RES/8/11, Human rights and extreme poverty (June 18, 2008).

[8] U.N. Hum. Rts. Council, Press release, UN expert on extreme poverty and human rights  to visit USA, one of the wealthiest countries in the world (Nov. 29, 2017).

[9] U.N. Hum. Rts. Council, Press Release, Statement on Visit to the USA, by Professor Philip Alston, United Nations Special Rapporteur on extreme poverty and human rights* (Dec. 15, 2017); U.N. Hum. Rts. Council, Special Rapporteur, Press Conference, Washington, D.C. (Dec. 15, 2017).

[10] U.N. Hum. Rts. Council, Press Release, Venezuela: Dire living conditions worsening by the day, UN human rights experts warn (Feb. 9, 2018); U.N. Hum. Rts. Council, Press Release, China: UN experts concerned about health of jailed rights lawyer Jiang Tianyong (Mar. 23, 2018); U.N. Hum. Rts. Council, Press Release, Brazil: UN experts alarmed by killing of Rio human rights defender who decried military intervention (Mar. 26, 2018); U.N. Hum. Rts. Council, Press Release, Japan: Benefit cuts threaten social protection of the poor, UN rights experts warn (May 24, 2018); U.N. Hum. Rts. Council, Press Release, Ghana’s main economic initiatives will do little to reduce poverty, warns UN expert (June 20, 2018).

 

 

 

 

 

 

 

 

 

 

 

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

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

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

Cuban Government’s Report[2]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Other Countries Comments and Recommendations[3]

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

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

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

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

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

Cuba’s Closing Comments[5]

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

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

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

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

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

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

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

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

Remaining Steps in Cuba’s UPR[7]

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

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

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

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

 

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

Conclusion

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

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

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

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

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

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

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

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

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

 

Discussion About Cuba at the Washington Conference on the Americas

On May 8 the U.S. Department of State hosted the Americas Society’s Council of the Americas’ 48th Annual Washington Conference on the Americas with U.S. administration senior officials and distinguished leaders from across the Americas to focus on the major policy issues affecting the hemisphere..[1]

The speakers at this event were Acting Secretary of State John J. Sullivan; U.S. Ambassador to the U.N., Nikki Haley; U.S. Senators Marco Rubio (Rep., FL) and Benjamin Sasse (Rep., NE); other U.S. State Government officials (U.S. Treasury Undersecretary for International Affairs, David Malpass; U.S. Agriculture Undersecretary of Trade and Foreign Agricultural Affairs, Ted McKinney; U.S. Acting Assistant Secretary of State for Western Hemisphere Affairs, Francisco Palmieri) plus Brazilian Ministry of Finance Secretary for International Affairs Marcello Estevão; and International Finance Corporation Chief Executive Officer Philippe Le Houérou.

The bulk of the comments were directed at combatting corruption and at criticizing Venezuela and then at Nicaragua with only a few barbs at Cuba, as discussed below.

Acting Secretary Sullivan’s Remarks[2]

Acting Secretary Sullivan said, “Our engagement in the Americas, of course, is not a recent phenomenon. Since the birth of our republic, the United States has had strong relationships in the Western Hemisphere, bonds built on geography, shared values, and robust economic ties. We strive to coexist peacefully and to do so in a mutually beneficial way.”

The U.S. “Caribbean 2020 strategy is increasing private sector investment in the Caribbean, promoting Caribbean energy security, and building resilience to natural disasters. The Caribbean Basin Security Initiative seeks to enhance maritime interdictions, build institutions, counter corruption, and foster cooperation to protect our shared borders from the impact of transnational crime.”

“Threats to the hemisphere occur on a number of other complex fronts, requiring coordinated and sophisticated responses. Whether building capacity to counter cyber threats, supporting de-mining in Colombia, or combating trafficking in persons, the United States is committed to being the security partner of choice for the Americas in the years ahead.”

“The United States is the top trading partner for over half of the 34 countries in the Western Hemisphere. Annually, we trade $1.8 trillion in goods and services with the hemisphere, supporting millions of jobs and leading to an $8 billion surplus in goods and services in 2017.”

“Underpinning our economic engagement is respect for the rule of law and shared values. Corruption both undermines and corrodes the confidence our citizens have in democratic institutions.”

“Finally, we must keep working together to ensure that the people in this hemisphere can live according to democratic values. . . . While most of the region enjoys democratic rule, a few outliers – Cuba, Nicaragua, and Venezuela – continue to undermine the region’s shared vision for effective democratic governance as enshrined in the Inter-American Democratic Charter.” (Emphasis added.)

The United States remains committed to championing freedom and to standing with the people of Venezuela and Cuba in their struggle to achieve the liberty they deserve. . . . We look to our partners – including governments and civil society organizations – to join us in speaking up whenever and wherever the hemisphere’s shared democratic principles come under attack.” (Emphasis added.)

U.S. Ambassador Haley’s Remarks[3]

“I am here today because the Trump Administration places a high priority on the Western Hemisphere, its security, its prosperity, and its freedom. And we recognize that the United States must reassert our leadership in the hemisphere.”

“I have seen time and time again at the United Nations that when the United States fails to lead, we suffer, and the world suffers. This is even more true in our relationships with other nations. There is no substitute for strong U.S. leadership, based on our values of political and economic freedom and respect for human rights.”

“The prosperity of the United States is critically tied to the prosperity of the hemisphere. Our future is bound up with our neighbors.”

“Among other things, we are each other’s largest and best trading partners. The United States sells more goods and services to our neighbors in the Western Hemisphere than we do to China, Japan, and India combined. While a lot of attention is placed on issues of trade with China, we should keep in mind that we trade nearly three times as much with the Western Hemisphere as we do with China.”

“We are also dependent on each other for our security.”

“And the principle that ties it all together is something else the United States has in common with most of our neighbors in the hemisphere – a commitment to freedom. . . . The western hemisphere is increasingly dominated by countries that share our political and economic principles.”

“The great human rights activist Natan Sharansky had a test for evaluating the freedom of societies that he called the “Town Square Test.” According to Sharansky, if someone can walk into a town square and express his or her views without being arrested, thrown in prison, or beaten, then they lived in a free society. If not, they lived in what he called a ‘fear society.’”

“As we look across the Americas, it’s pretty easy to tell the free societies from the fear societies. It’s a testament to the people of Latin America – and the love of freedom and dignity that exists in the human heart – that most of the hemisphere is free.”

“Across Latin America, the good news is that these challenges are increasingly dealt with through a commitment to the rule of law and democratic institutions. The region is far from perfection, but the progress is unmistakable.”

The democratic process  “has exposed the rot at the core of the Nicaraguan government. Like his patron in Caracas and his mentors in Havana, the Ortega government has stayed in power by rigging elections, intimidating critics, and censoring the media.” (Emphasis added.)

The Cuban-Venezuelan-Nicaraguan model of socialism, dictatorship, corruption, and gross human rights violations has proved to be a complete and total failure. It has caused the suffering of millions of people. (Emphasis added.)

“We cannot allow the last, few surviving authoritarians to drag down the hemisphere. As neighbors, the United States and all the nations of Latin America are bound together on this journey.”

Senator Rubio’s Remarks[4]

Senator Rubio’s hostile opinions regarding the Cuban government are well known and appear to be a major factor behind the Trump Administration’s policies on Cuba. At this conference, Rubio was brief. He said, “What I care about in Cuba is political freedoms. The ability to have independent political parties, and a free press and to speak your mind, that’s what I support in Cuba.” (Emphasis added.)

About a week later, a Rubio complaint led the State Department to cancel a seminar, titled “Cuba under [Miguel] Díaz-Canel,” because it only was going to feature speakers who support normalization with Cuba. The scheduled speakers were Carlos Saladrigas, president of the Cuba Study Group; Marguerite Jimenez of the Washington Office on Latin America; American University professor William LeoGrande; and Philip Peters of the Cuba Research Center. LeoGrande and Peters also are advisers to Engage Cuba, a bipaartisan coalition which favors lifting the U.S. embargo.

Americas Society Background[5]

The Americas Society “Is the premier forum dedicated to education, debate, and dialogue in the Americas. Its mission is to foster an understanding of the contemporary political, social, and economic issues confronting Latin America, the Caribbean, and Canada, and to increase public awareness and appreciation of the diverse cultural heritage of the Americas and the importance of the inter-American relationship.”

Its Council of the Americas is “the premier international business organization whose members share a common commitment to economic and social development, open markets, the rule of law, and democracy throughout the Western Hemisphere. The Council’s membership consists of leading international companies representing a broad spectrum of sectors, including banking and finance, consulting services, consumer products, energy and mining, manufacturing, media, technology, and transportation.”

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[1] State Dep’t, Deputy Secretary Sullivan To Deliver Opening Keynote Remarks at the 48th Annual Washington Conference on the Americas (May 7, 2018); Council of the Americas, Washington Conference on the Americas.

[2] U.S. Embassy in Havana, Remarks at 48th Annual Washington Conference on the Americas (May 8, 2018).

[3] Americas Society. Remarks: U.S. Ambassador Nikki Haley to the 48th Annual Washington Conference (May 8, 2018).

[4]  Press Release, VIDEO: Rubio Delivers Remarks at Annual Washington Conference on the Americas (May 8, 2018); Torres, State Department postpones event on Cuba after Sen. Rubio protests, Miami Herald (May 17, 2018).

[5] Americas Society, About AS/COS .