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

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

 

 

 

 

The Presidents of War

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

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

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

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

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

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

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

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

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

Commonalities of the Presidents of War

Beschloss identified two common characterizes of these presidents.

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

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

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

 The President of Peace

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

 Advice to U.S. Citizens

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

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

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

Beschloss Biography

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

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

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

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

U.S. Statement About Cuba at Organization of American States’ General Assembly     

At the June 4 meeting of the General Assembly of the Organization of American States (OAS), U.S. Secretary of State Mike Pompeo made remarks primarily addressing Venezuela. But he also made comments about Cuba.

Comments About Venezuela[1]

The Secretary of State said, “there is no greater challenge today than the full-scale dismantling of democracy and the heartbreaking humanitarian disaster in Venezuela. While the [U.S.] welcomes the release of the unjustly imprisoned Holt family, our policy towards Venezuela remains unchanged. The [U.S.] stands steadfast in support of the Venezuelan people and their efforts to return to democracy. The Maduro regime’s efforts . . .  to move towards unconstitutional government and its human rights abuses are now well known by all. All these actions have, among other ill consequences, resulted in an unconstitutional alteration of Venezuela’s constitutional order.”

“On more than one occasion, Venezuela has squandered opportunities to have the kind of dialogue that the [OAS] charter calls for. We seek only what all the nations of the OAS want for our people: a return to the constitutional order, free and fair elections with international observation, and the release of political prisoners. The regime’s refusal to take meaningful action on these issues has demonstrated unmistakable bad faith and exhausted options for dialogue under current conditions. Just two weeks ago, the Venezuelan Government staged sham elections that offered no real choice to Venezuelan people and its voters. Many of them responded sensibly by simply staying home.”

“For all of these reasons, Vice President Pence challenged member-states last month to do what the Democratic Charter asks of us when faced with an unconstitutional interruption in democratic order of a member-state: suspend Venezuela from this body. That suspension is not a goal unto itself. But it would show that the OAS backs up its words with action. And it would send a powerful signal to the Maduro regime: Only real elections will allow your government to be included in the family of nations.”

“In addition to suspension, I call on fellow member-states to apply additional pressure on the Maduro regime, including sanctions and further diplomatic isolation, until such time as it undertakes the actions necessary to return genuine democracy and provide people desperately needed access to international humanitarian aid.”

In response, Venezuela’s Foreign Minister Jorge Arreaza defiantly criticized the OAS as part of a “corporation” led by the U.S.  to undermine Venezuela’s sovereignty. He accused the U.S. of fostering violence that has accompanied protests and the deprivation caused by sanctions and mocked U.S. offers of humanitarian aid. “You impose economic sanctions, and then you offer your help to wash your hands.  The U.S. has been perpetrating a coup d’état against Venezuela for 20 years.”

Vowing not to buckle under to the pressure, Arreaza added, “We are free. We are sovereign. And no imperialist will intervene in our country and hinder our people from voting for their own authorities and having their own democracy. “We have moral authority. You do not have moral authority,” he said, citing U.S. invasions of Panama in 1989 and the Dominican Republic in 1965.

 Draft Resolution on the Situation in Venezuela[2]

The U.S. along with Argentina, Brazil, Canada, Chile, Mexico and Peru submitted a draft  Resolution on the Situation in Venezuela, which presumably will be voted upon at the June 5 session of the OAS General Assembly. After the preamble, it contains the following resolutions:

  1. “To declare that the electoral process as implemented in Venezuela, which concluded on May 20, 2018, lacks legitimacy, for not complying with international standards, for not having met the participation of all Venezuelan political actors, and for being carried out without the necessary guarantees for a free, fair, transparent and democratic process.”
  2. “To reaffirm that only through a national dialogue with the participation of all Venezuelan political actors and stakeholders can national reconciliation be achieved and the necessary conditions agreed upon for holding a new electoral process that truly reflects the will of the Venezuelan citizens and peacefully resolves the current crisis in that country.”
  3. “To reiterate that an unconstitutional alteration of the constitutional order of the Bolivarian Republic of Venezuela has occurred, as stated in [OAS] resolution CP/RES. 1078 (2108/17) of April 3, 2017.”
  4. “To urge the Government of Venezuela to take steps to guarantee the separation and independence of the constitutional branches of power and restore the full authority of the National Assembly, the rule of law, and the guarantees and liberties of the population.”
  5. “To urge the Government of Venezuela to allow the entry of humanitarian aid and to implement epidemiological surveillance measures in its country to prevent the aggravation of the humanitarian and public health crisis, particularly against the reappearance of diseases such as measles, malaria, and diphtheria”
  6. “To invite the member states to implement measures to address the humanitarian emergency in Venezuela, including supplying medicines, as well as considering contributions to the competent international organizations to strengthen the institutional capacities of the recipient countries.”
  7. “To instruct the Permanent Council to identify, in coordination with the relevant inter-American and international institutions, the appropriate measures to support the member states that are receiving an increasing number of Venezuelan migrants and refugees.”
  8. “To call upon the member and permanent observer states to implement, in accordance with their respective legal frameworks and applicable international law, the measures deemed appropriate at the political, economic, and financial levels to assist in the restoration of democratic order in Venezuela.”
  9. “To remain seized of the situation in Venezuela in order to support diplomatic actions and additional measures that facilitate the restoration of democratic institutions and social peace, and that promote full respect for human rights and full adherence to the rule of law, within the constitutional framework of Venezuela and in a manner consistent with its international obligations and commitments.”
  10. “To apply, in strict accordance with the letter and spirit of the Inter-American Democratic Charter, the mechanisms for the preservation and defense of representative democracy provided under its Articles 20 and 21.”

Comments About Cuba[3]

In  the Secretary of State’s June 4 address to the General Assembly, he had the following words about Cuba: “In Cuba today, we see an expectation that change is inevitable and that it can’t come quickly enough. Young Cubans born under a dictatorship are uninterested in hollow revolutionary slogans. They demand educational opportunities free from political constraints or a totalitarian regime’s repression. They want what youth everywhere else wants: opportunities to use their talents, to exercise their voice, achieve their potential, and build a bright future for themselves. As democratic societies, we must support young people in Cuba and elsewhere in the hemisphere in their hopes for democratic change.”

The day before the OAS General Assembly. Ambassador Carlos Trujillo, the U.S. Permanent Representative to the  OAS, appeared at a meeting organized by Freedom House and made these comments about Cuba. He “acknowledged that the Venezuelan case has stolen the role of other crises such as Cuba and Nicaragua, and . . . [suggested] that the organization should follow the same steps with Havana as with Caracas.” He also indicated that the agency must work to denounce “the crimes against humanity” that the Cuban Government has committed.

’’Why Cuba does not deserve the same as what we are demanding from the regime of (President of Venezuela, Nicolás] Maduro? Why Cuba is different? It is something that has to change, it has to change in the OAS.’”

According to Trujillo at this meeting, the countries of the Americas have to “accept that Cuba is ‘he mother of all evil’ in terms of the weakening of democracy on the continent and human rights violations.” Therefore, “If we talk about Venezuela and we talk about human rights abuses, we have to talk about Cuba.” This meant, he said, the OAS must  denounce “the crimes against humanity” that the Cuban Government has committed.”

These comments by Trujillo echo what he said in early May in a Univision program. Then he said “Raul Castro should be tried for his crimes against human rights”, visible through the history of Cuba, “I personally, and the US, are available to do everything possible so that the victims of Raúl Castro, of the Castro brothers, have the justice they deserve,”[4]

Conclusion

 The above comments by Ambassador Trujillo are completely undiplomatic and inappropriate. They should not have ben uttered, especially since apparently there is no resolution regarding Cuba to come before the OAS General Assembly. His words as a Cuban-American attorney from Miami reveal his lack of any prior diplomatic experience and his having been an Ambassador for only one month.[5]

Instead tomorrow we will see the voting on the above resolution about Venezuela.

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[1] U.S. State Dep’t, [Secretary of State] Remarks at the General Assembly of the Organization of American States (June 4, 2018); Lee, US renews call for OAS to suspend Venezuela, Wash. Post (June 4, 2018); Reuters, U.S. Calls on OAS to Suspend Venezuela From Organization, N.Y. Times  (June 4, 2018); Morello, Pompeo calls for kicking Venezuela out of OAS and more sanctions, Wash. Post (June 4, 2018).

[2] OAS Gen. Assembly, Draft Resolution on the Situation in Venezuela (June 4, 2018).

[3] U.S. State Dep’t, [Secretary of State] Remarks at the General Assembly of the Organization of American States (June 4, 2018).

[4] Carlos Trujillo: The members of the OAS have to ‘accept that Cuba is the mother of all evil,’ Diario de Cuba (June 4, 2018); Carlos Trujillo: ‘Raúl Castro must be tried for his crimes against human rights,’ Diario de Cuba (May 7, 2018).

[5] More Hostile Comments About Cuba from U.S. Vice President Mike Pence and U.S. Ambassador to the Organization of American States, dwkcommentaries.com (May 9, 2018).

A Pessimistic Assessment of Cuba’s Economic Future

Jorge G. Castañeda, the Foreign Minister of Mexico from 2000 to 2003,[1] has rendered a pessimistic assessment of Latin American socialism, especially in Venezuela and Cuba.[2]

He starts with the assertion that the recent “Cubana de Aviación airliner’s crash in Havana . . . [was an] illustration of the utter bankruptcy of the 21st century socialism.” Later in the article he says, like “the Cuban economy, the plane was old, poorly maintained, leased by the national airline because it was the only one it could afford, and the rest of Cubana de Aviación’s domestic fleet had already been grounded.” (A subsequent article reported that Cubana de Aviación has suspended all domestic flights until September.[3])

Cuba, he says, “paid a heavy price for the initial, and perhaps enduring, successes of its revolution: education, health and dignity. But from the very beginning — with the exception of a few years between the collapse of the Soviet Union and the end of its subsidies to Cuba in 1992 and the advent of Venezuelan support in 1999 — it always found someone to pay the bills. The next option was meant to be the United States. That no longer seems possible.”

Now, with a new president, Cuba “again faces enormous economic and social challenges. They stem from three problems with no solutions.”

“First, says Castañeda, is the fall of tourism from the United States and the new tough line on Cuba adopted by the Trump administration. Through March of this year, the number of visitors from the United States is down more than 40 percent compared with 2017. This is partly because of travel warnings over safety issued by Washington, partly because of new travel restrictions put in place by President Trump [[4]] and because after the initial boom of nostalgic tourism, Cuba is now competing for normal travelers with the rest of the Caribbean. Its beauty and charm do not easily outweigh other destinations’ far superior services and infrastructure, and lower prices. Today myriad start-up businesses — always thought to be too small and numerous to survive — that sprang up for United States visitors are failing as a result of falling tourism.” [5]

Second, according to Castańeda, “American sanctions and Cuban fear of economic reforms have rendered the push for greater foreign investment somewhat futile. After an initial rush of highly publicized announcements, some United States companies have proved reluctant to run risks, particularly given Mr. Trump’s hostility toward all things Obama, and his dependence on Florida for re-election.”

As a result, he continues, the Cuban “economy has stopped growing, scarcities have re-emerged and new opportunities for employment and hard-currency earnings are not appearing. If one adds to this the government’s decision to suspend new cuentapropista or private self-employment permits, it is no surprise to discover that economic prospects are dim.”

Third, “Venezuela is no longer able to subsidize Cuba’s transition to a Vietnam-style socialist economy the way it did before.” In short, Venezuela cannot now provide oil to Cuba at below-market prices and on credit and cannot pay for Cuban doctors, teachers and intelligence personnel, which has been a major source of Cuban export earnings.

Nevertheless, Venezuela is “Cuba’s only unconditional ally in the world.” Hence, the first foreign leader to visit Cuba’s new president, Miguel Diaz-Canel, was Venezuela’s president, Nicolás Maduro, and Diaz-Canel returned the favor by making his first foreign visit to Venezuela.[6]

Now the U.S. is pressing for increased hemispheric sanctions against Venezuela with U.S. Secretary of State Mike Pompeo on June 4 being expected to drop the next shoe in an address to the  General Assembly of the Organization of American States.[7] If any of those anticipated U.S. requests are met, this will increase the pressures on Cuba.

Conclusion

 In partial response to these issues, on June 2 Cuba started the process for revising its constitution with the agenda for an extraordinary session of its national legislature (the National Assembly of People’s Power) including approval of “the process to be followed in carrying out Constitutional Reform and the commission of deputies responsible for drafting and presenting the proposed Constitution of the Republic.”  This first step was the approval of a commission to prepare a draft of a revised constitution that will be headed by Raúl Castro, the former president, Diaz-Canel, the current president, and 31 others. Once the constitutional draft is ready, it is slated to be discussed first by the national legislature and then by the broader population, before being submitted to a referendum.[8]

One of the major anticipated challenges for drafting the new constitution will be validating private ownership of property and businesses while simultaneously upholding the “irrevocable nature of socialism.” Perhaps the selection of Castro as the chair of this constitutional commission is not as anti-economic reform as might appear to outsiders. After all Raúl first announced the need for a new constitution in 2011 after embarking on a series of reforms cautiously opening up the economy to foreign investment and the private sector in order to make Cuban socialism sustainable. And at the Communist Party’s Congress in 2016, Castro praised the innovations of the private sector and criticized the “outdated mentalities” and “inertia” of state-owned enterprises.[9]

Such a change will have to delete or modify a current constitutional clause forbidding Cubans from “obtaining income that comes from exploiting the work of others.” “According to Julio Perez, a political analyst and former news editor at state-run Radio Habana, said “Cuba has to make substantial changes to the constitution that endorse private property, self-employment and cooperatives as part of the Cuban economy.”

Simultaneously there are reports that the government is preparing decrees regarding norms for 2,386 Cooperatives of Credit and Services (CCS), 650 Cooperatives of Agricultural Production (CPA) and 1,084 Basic Units of Cooperative Production (UBPC) operating in the agricultural sector and producing 92% of the island’s food.[10]

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[1] Castañeda now is Associated Professor of Public Service, New York University (NYU) Wagner; Global Distinguished Professor of Politics and Latin American and Caribbean Studies, NYU Faculty of Arts and Science. He also is a former member of the  board of Human Rights Watch and a noted author.

[2] Castañeda, The Bankruptcy of 21st Century Socialism, N.Y. Times (June 2, 2018).

[3] Cubano de Aviación will maintain the suspension of domestic flights at least until September, Diario de Cuba (June 2, 2018).

[4] This blog has criticized the 2017 State Department’s urging Americans to reconsider traveling to Cuba because of the still unresolved medical problems experienced by some U.S. (and Canadian) diplomats in Havana and the U.S. cancellation of individual person-to-person travel to Cuba. (E.g., A New Travel Warning for Americans Traveling to Cuba, dwkcommentaries.com (Sept. 19, 2017); New U.S. Regulations Regarding U.S. Travel to Cuba and Transactions with Cuban Entitles, dwkcommentaries.com (Nov. 8, 2017).)

[5]  As this blog has reported, Cuba’s private sector was flourishing in 2015-2016, but has fallen into hard times as a result of new Cuban restrictions on such enterprises and the decline of American visitors, a result that should be contrary to the normal Republican promotion of entrepreneurship and of a potential challenge to Cuba’s socialism. (See., e.g., Why Is the Cuban Government Trying To Slow Down the Private Sector? dwkcommentaries.com (Aug. 3, 2017).)

[6] E.g., Cuba’s New Leader Praises Maduro in ‘Solidarity’ Visit to Venezuela, N.Y. Times (May 30, 2018); Why did Díaz-Canel make his first state visit as President to Venezuela?, Granma (June 1, 2018).

[7] U.S. State Dep’t, Secretary of State Pompeo to Lead U.S. Delegation to the Organization of American States General Assembly (June 1, 2018).

[8] Reuters, Cuba Set to Launch Constitutional Rewrite to Reflect Reforms, N.Y. Times (June 2, 2018); Raúl will lead the Commission in charge of the project of Constitution of the Republic (+ Video), Granma (June 2, 2018); Díaz-Canel: The new Constitution will take into account the principles of our political system, Granma (June 2, 2018); Deputies will continue meeting following extraordinary session, Granma (June 1, 2018); Romero, Constitutional Reform in Cuba: Priority for ANPP commissions, Cubadebate (June 2, 2018); Assoc. Press, Cuba Forms Commission to Update Soviet-Era Constitution, N.Y. Times (June 2, 2018); Reuters, Raul Castro Appointed to Head Rewrite of Cuba Constitution, N.Y. Times (June 2, 2018).

[9] Raúl Castro Discusses Socio-Economic Issues in Report to Seventh Congress of the Communist Party of Cuba, dwkcommentaries.com (April 19, 2016); President Raúl Castro Affirms Importance of Cuba’s Private Sector, dwkcommentaries.com (July 18, 2017).

[10] The government prepares laws for Cuban agricultural cooperatives, producers of 92% of food, Diario de Cuba (June 2, 2018).

Cuban Ladies in White Win Cato Institute’s Milton Friedman Prize

At a May 17 New York City gala dinner, the Cato Institute awarded its $250,000 Milton Friedman Prize for Advancing Liberty to Cuba’s Ladies in White.[1] This award, the political reaction to the award, Cato’s other positions on Cuba and Cato’s background raise interesting issues as discussed below.

The Award

The Institute’s announcement of this prize said the following:

  • “The Ladies in White (Damas de Blanco) have a simple message: The political prisoners of Cuba are our sons, our brothers, and our husbands. They must not be forgotten.”
  • “Every Sunday, the Ladies in White gather, or attempt to gather, for Mass at Saint Rita de Casia Church in Havana, followed by a procession down Fifth Avenue. They wear white to symbolize the peaceful nature of their protest, and each wears a photograph of a loved one who is in prison. For this the authorities have constantly harassed them and organized mob violence against them.”
  • “The movement began on March 18, 2003, when journalist Héctor Maseda Gutiérrez was arrested in his home in Havana and sentenced to 20 years in prison for criticizing the regime of Fidel Castro. His case drew worldwide attention, with Amnesty International calling him a prisoner of conscience and demanding his release. Around 75 others were arrested at the same time, in an incident that has been called the Black Spring. All have since left prison, though not unconditionally, with the majority having had to leave Cuba. Since that time, sporadic arrests of journalists, lawyers, and other intellectuals have continued in Cuba, belying the myth that with normalized relations, Cuba’s human rights record would improve. If anything, it has deteriorated.”
  • “Two weeks after Maseda was arrested, his wife Laura Pollán Toledo brought together a group of wives, mothers, sisters, and daughters of the imprisoned to pray for their loved ones. They have continued to gather each Sunday, and the movement has since spread to other churches throughout Cuba. Although they are not a political party and do not have an overtly political program, they seek freedom of expression for all and the release of prisoners of conscience in Cuba. In recognition of their courage, the Ladies in White were the 2005 recipients of the Sakharov Prize for Freedom of Thought, awarded by the European Parliament. The Cuban government prohibited them from attending the award ceremony in Strasbourg, France.”
  • “In 2015 Berta Soler, one of the leaders of the group, told the U.S. Senate, “Our aspirations are legitimate…. Our demands are quite concrete: freedom for political prisoners, recognition of civil society, the elimination of all criminal dispositions that penalize freedom of expression and association and the right of the Cuban people to choose their future through free, multiparty elections. We believe these demands are just and valid. Even more importantly, for us they represent the most concrete exercise of politics, a step in the direction of democratic coexistence. Cuba will change when the laws that enable and protect the criminal behavior of the forces of repression and corrupt elements that sustain the regime change.”
  • “As the first step, the Ladies in White demand the release of all political prisoners. The outlook for many of the prisoners is grim; prison conditions are deplorable, visits are rare, and even their mail is intercepted by the authorities. And the Ladies themselves have faced increasing police harassment and arrest in recent years, as the Cuban government tries to hide-but not correct-its habit of quashing dissent. Laura Pollán died in 2011 under gravely suspicious circumstances. But the movement she founded continues: The Ladies in White will meet, pray, and bear witness every Sunday until Cuba’s political prisoners are freed.”

The keynote speaker at the gala dinner was Brazilian Judge, Sergio Moro, who become a household name in his country thanks to Operation Car Wash, the massive scandal in which he has sent some of Brazil’s most powerful politicians and business elite to jail for corruption.

U.S. Political Reaction to the Award[2]

Just before Cato’s dinner, U.S. Ambassador Nikki Haley met with representatives of Cuba’s Ladies in White at the U.N. and with a photo tweeted, “Congratulations to the Ladies in White for your Milton Friedman award for advancing liberty. The US stands behind you in your fight against the Cuban government for the rights of its people.” Here is that photo of Ambassador Haley with members of the group.

The prior day four U.S. Senators– Marco Rubio (Rep., FL), Bill Nelson (Dem., FL), Bob Menendez (Dem., NJ) and Ted Cruz (Rep., TX)– introduced a resolution congratulating the Ladies in White on receiving the prestigious award, expressing solidarity with the democratic aspirations of the Cuban people and calling on the Cuban regime to allow members of Las Damas de Blanco to travel freely both domestically and internationally. The press release continued, “the dissident group, which routinely faces brutal beatings and imprisonment from the Cuban regime, peacefully gathers and marches in white clothes every Sunday in Havana carrying a picture of their loved ones in one hand and a white gladiolus in the other.”

Subsequent Incidents Involving the Ladies in White[3]

On Sunday, May 20, the Ladies in White who were on the street were arrested and soon thereafter released except for Marieta Martinez. And the next Tuesday, May 22, their leader, Berta Soler, was arrested outside the group’s Havana headquarters.  Another member, Cecilia Guerra, was also arrested outside the headquarters and immediately released. In addition, two others, Maria Carolina Labrada and Deysi Artiless,  were arrested at their homes.

Cato Institute’s Other Positions on Cuba[4]

Cato Institute’s Handbook for Policymakers, 8th Edition (2017), surprisingly for this reader, recommended repeal of two key statutes authorizing the embargo– the Helms-Burton Law of 1996 and the Torricelli Act of 1992–and ending “all remaining sanctions that prevent U.S. companies from trading and investing in Cuba.” This, it said, would leave the Cold War in the past, and eliminate unintended consequences of a flawed policy. In short, it said, “U.S. policy toward Cuba should focus on national security interests, not on transforming Cuban society or micromanaging the affairs of a transitional government.”

These positions were reiterated in a June 2017 article by a Cato senior fellow, just after President Trump in his Miami speech announced cutbacks in policies for U.S. travel to the island. The article asserted, “The presidential campaign is over. President Trump should do what is best for both the American and Cuban people, and end economic restrictions on the island. Freedom eventually will come to Cuba. Flooding the island with foreign people and money would make that day arrive sooner.”

Cato Institute Background[5]

The Cato Institute describes itself as “a public policy research organization — a think tank — dedicated to the principles of individual liberty, limited government, free markets and peace. Its scholars and analysts conduct independent, nonpartisan research on a wide range of policy issues. It accepts no government funding. Instead, it receives approximately 80 percent of its funding through tax-deductible contributions from individuals, foundations, corporations, and the sale of books and publications.”

Founded in 1974 in Wichita, Kansas as the Charles Koch Foundation by Charles Koch, who is one of the wealthiest persons in the world and who with his brother David runs Koch Industries that supports many so-called conservative causes. In 1976 the Foundation moved to Washington, D.C. and adopted its current name in recognition of Cato’s Letters, a series of essays published in 18th- century England that presented a vision of society free from excessive government power. Cato says “those essays inspired the architects of the American Revolution. And the simple, timeless principles of that revolution — individual liberty, limited government, and free markets — turn out to be even more powerful in today’s world of global markets and unprecedented access to information than Jefferson or Madison could have imagined. Social and economic freedom is not just the best policy for a free people, it is the indispensable framework for the future.”

The current 19 members of Cato’s Board are the following:

John A. Allison, Former President & CEO, Cato Institute; Retired Chairman & CEO, BB&T (the 10th-largest U.S. financial services holding company);

Carl Barney, Chairman, Center for Excellence in Higher Education, a Scientologist and very wealthy operator of for-profit colleges;

Baron Bond, Executive Vice President, The Foundation Group LLC, a real estate management, investment, and development company whose biography appears on the website for the Atlas Society named after Ayn Rand’s “Atlas Shrugged;”

Rebecca Dunn, Trustee, DUNN Foundation, which says it “believes that liberty and opportunity should be enjoyed by the people of this Nation, envisions a world where the use of force by coercive public or private institutions no longer threatens our freedoms and celebrates entrepreneurial innovations that further these purposes;”

Robert Gelfond, wealthy CEO and Founder, Macro Quantitative Strategies (MQS);

Peter N. Goettler, President & CEO, Cato Institute, former officer of Barclays Capital and on board of Atlas Network and advocate of libertarian organizations in several foreign countries;

David C. Humphreys, President & CEO, TAMKO Building Products, Inc. and a “massive” Republican donor;

James M. Kilts, wealthy Partner, Centerview Capital Holdings, an investment banking firm, and former CEO, The Gillette Company;

James M. Lapeyre, Jr., President, Laitram, LLC, a diversified global manufacturer and officer of The Atlas Society;

Ken Levy, Levy Family Fund and businessman;

Robert A. Levy, Chairman, Cato Institute, founder of a major provider of investment information and software and successful attorney in Supreme Court ban on Washington, D.C. gun ban;

Preston Marshall, President/CEO, Rusk Capital Management and friend of the Koch brothers;

Nancy M. Pfotenhauer, President and CEO, MediaSpeak Strategies, staffer on 2008 McCain/Palin campaign and former director of the Washington, D.C. office of Koch Industries;

Lewis E. Randall, Former Director, E*Trade Financial, a financial services company;

Howard S. Rich, real estate investor and Chairman, U.S.Term Limits and other libertarian-oriented political initiatives;

Donald G. Smith, President, Donald Smith & Co., Inc., an investment advisory firm;

Nestor R. Weigand, Jr., Chairman and CEO, JP Weigand & Sons, Inc., a full-service real estate firm;

Jeffrey S. Yass, Managing Director, Susquehanna International Group, LLP, a global trading and technology firm;

Fred Young, Former Owner, Young Radiator Company, and major supporter of conservative groups and candidates.

The members of the International Selection Committee for the 2018 Prize were Leszek Balcerowicz, Former Deputy Prime Minister and Finance Minister, Poland; Janice Rogers Brown, Former Judge, U.S. Court of Appeals for the District of Columbia Circuit; Vicente Fox. Former President, Mexico; Sloane Frost, Chairwoman, Board of Directors, Students for Liberty; Peter N. Goettler, President and CEO, Cato Institute; Herman Mashaba. Executive Mayor, Johannesburg, South Africa; Harvey Silverglate, Co-founder, Foundation for Individual Rights in Education; Donald G. Smith, President, Donald Smith & Company Inc.; and Linda Whetstone, Chair, Atlas Network.

 Conclusion

The preceding account of the history of the Ladies in White tells an impressive story of alleged Cuban suppression of dissent, free speech and assembly and freedom of religion. The Cuban government, however, disagrees and is believed to assert that these women are not religious activists and dissenters, but trouble-makers for hire by the CIA or U.S. Agency for International Development or private groups in the U.S.

Which account is true? We need to hear more from the Cubans and U.S. journalists or private investigators who have investigated the activities of the Ladies in White.

The creation of the Cato Institute (f/k/a Charles Koch Foundation) by Charles Koch and the changing of its name perhaps to conceal or minimize its Koch origins raise questions about its objectivity and fairness.

Cato’s 19-member Board has 17 white, very successful and wealthy men and two white women who apparently are married to very successful and wealthy white men. This too raises questions about the board’s objectivity and fairness.

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[1] Cato Institute, The Milton Friedman Prize for Advancing Liberty: Las Damas de Blanco, Winner of the 2018 Milton Friedman Prize; Whitefield, Cuba’s Ladies in White win $250,000 prize for advancing liberty, Miami Herald (May 17, 2018).

[2] U.S. Miss. to UN, Tweet: Congratulations to the Ladies in White (May 17, 2018); Press Release, Rubio, Menendez, Nelson, Cruz Introduce Resolution Honoring ladies in White for Milton Friedman Prize for Advancing Liberty (May 16, 2018).

[3] The regime stops Berta Soler and deploys operations in the homes of other Ladies in White, Diario de Cuba (May 22, 2018).

[4] Cato Institute, CATO Handbook for Policymakers—Relations with Cuba,  8th Edition (2017); Bandow, Trump Panders on Cuba, Preferring Cold War over Progress, Cato Inst. (June 23, 2017).

[5]  Cato Institute, About Cato; Cato Institute, Wikipedia.

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.

 

New U.S. Annual Report on Human Rights Around the World

On April 20 the U.S. State Department released its 2017 Country Reports on Human Rights Practices.  Acting Secretary of State John J. Sullivan wrote the Preface to the Reports and made remarks upon their release while a Special Briefing on the Reports was conducted by Ambassador Michael G. Kozak, the head of the Department’s Bureau of Democracy, Human Rights and Labor.

These three introductions to the Reports will be discussed below, and a future post will review the report on Cuba.

Preface by Acting Secretary of State Sullivan[1]

“We are a nation founded on the belief that every person is endowed with inalienable rights. Promoting and defending these rights is central to who we are as a country.”

“The 2017 Country Reports on Human Rights Practices . . . document the status of human rights and worker rights in nearly 200 countries and territories. These reports are required by U.S. law and are used by a variety of actors, including the U.S. Congress, the Executive branch, and the Judicial branch as a factual resource for decision-making in matters ranging from assistance to asylum.”

“The 2017 U.S. National Security Strategy recognizes that corrupt and weak governance threatens global stability and U.S. interests. Some governments are unable to maintain security and meet the basic needs of their people, while others are simply unwilling. States that restrict freedoms of expression and peaceful assembly; that allow and commit violence against members of religious, ethnic, and other minority groups; or that undermine the fundamental dignity of persons are morally reprehensible and undermine our interests. The Governments of China, Russia, Iran, and North Korea, for example, violate the human rights of those within their borders on a daily basis and are forces of instability as a result.”

“Our foreign policy reflects who we are and promotes freedom as a matter of principle and interest. We seek to lead other nations by example in promoting just and effective governance based on the rule of law and respect for human rights. The United States will continue to support those around the world struggling for human dignity and liberty.”

Remarks by Acting Secretary of State  Sullivan[2]

The Acting Secretary noted that this was the 42nd year of such reports, which “are a natural outgrowth of our values as Americans. The founding documents of our country speak to unalienable rights, fundamental freedoms, and the rule of law – revolutionary concepts at the time of our founding that are now woven into the fabric of America and its interests both at home and abroad.”

“Promoting human rights and the idea that every person has inherent dignity is a core element of this administration’s foreign policy. It also strengthens U.S. national security by fostering greater peace, stability, and prosperity around the world. The Human Rights Reports are the most comprehensive and factual accounting of the global state of human rights. They help our government and others formulate policies and encourage both friends and foes to respect the dignity of all individuals without discrimination.”

“This year, we have sharpened the focus of the report to be more responsive to statutory reporting requirements and more focused on government action or inaction with regard to the promotion and protection of human rights. For example, each executive summary includes a paragraph to note the most egregious abuses that occurred in a particular country, including those against women, LGBTI persons, persons with disabilities, indigenous persons, and members of religious minorities.”

Sullivan then had comments about some countries “with the most egregious human rights records:” Syria, Burma, North Korea (DPRK), China, Iran, Turkey, Venezuela and Russia. He concluded by noted three countries with improvements: Uzbekistan, Liberia and Mexico.

Briefing by Ambassador Kozak[3]

Responding to a journalist’s question whether the U.S. issuance of this report could be regarded as hypocrisy because of U.S. human rights problems, the Ambassador said that this would be an unfounded charge. The report criticizes some country’s revoking licenses of media that criticize the government and even killing journalists; the U.S. does not do that. He also said the U.S. has laws to protect foreigners from being returned to countries where they are likely to face illegal persecution.

Nozak rejected the notion that the report was weakened by President Trump’s calling the U.S. press an enemy of the people and suggesting changing U.S. libel laws to protect politicians like him from unfounded reporting. In contrast he said independent journalists in Cuba “are routinely slapped around, they also get called names, “

This year’s report omitted a special section on women’s reproductive rights because it is not a term derived from an international treaty or from the U.S. statute requiring these annual reports; the latter refers to coerced family planning, coerced abortion or involuntary sterilization. In addition, the new U.S. report has a hyperlink to a WHO report on the subject.

Kozak rejected the notion that this report was undercut by President Trump’s meetings with leaders of countries with poor human rights records.

The U.S. as a matter of policy supports NGOs around the world  that are working to improve human rights.

For  North Korea, the U.S. is concerned about the nuclear issue and about human rights. The report “pretty starkly [discusses] the kinds of abuses, and over the last year or two, we’ve supported . . . a commission of inquiry on North Korea, we support NGOs that are working on North Korea and exposing the human rights abuses that occur in the camps there and so on. But some of the stories that are contained in the report are just overwhelming. There’s one about 11 people who were arrested for supposedly making a pornographic film and they were executed by shooting anti-artillery weapons at them, and then they brought out tanks and ran over the bodies, and this is supposed to be a civilized country.”

The Preface to the report calls China, Russia, Iran and North Korea as “forces of instability.”  This is not a defined term, but refers to situations where internal actions generate international problems like refugee flows and humanitarian crises.

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[1] U.S. State Dep’t, Preface to Country Reports on Human Rights Practices for 2017 (April 20, 2018).

[2] U.S. State Dep’t, Remarks on the Release of the 2017 Country Reports on Human Rights Practices (April 20, 2018).

[3] U.S. State Dep’t, Briefing on the Release of the 2017 Country Reports on Human Rights Practices (April 20, 2018).

Developments Regarding the Summit of the Americas 

Later this week the Summit of the Americans takes place in Lima, Peru. Interesting  developments regarding the Summit have taken place from the U.S. and Cuba.

U.S. Developments[1]

On April 10 President Trump cancelled his scheduled attendance at the Summit of the Americans in Peru. The stated reason was his need to attend to the new crisis in Syria: the Syrian regime chemical weapons attack on some of its citizens and President Trump’s announcement that the U.S. was considering a military response.

The New York Times reporter, Julie Davis, said, “Scrapping the trip spared Mr. Trump potentially unpleasant interactions with leaders of Latin American nations whose citizens have been insulted by his harsh language about their countries as sources of illegal immigration, criminal gangs and illicit narcotics. White House officials said Vice President Mike Pence would attend the summit meeting in the president’s place.

“Skipping the Summit of the Americas sends a terrible message about U.S. disengagement in our hemisphere, compounding negative message of Trump’s Cuba, NAFTA and immigration policies,” was the opinion of Benjamin J. Rhodes, who served as a deputy national security adviser in Mr. Obama’s White House and who was the principal negotiator of the U.S.’ opening to Cuba in December 2014.

A similar opinion was voiced by Richard E. Feinberg, a senior Latin America fellow at the Brookings Institution and professor at the University of California San Diego’s School of Global Policy and Strategy. He said, “Trump’s dropping out of the Lima summit is an appalling demonstration of disrespect for Latin America. “This has to be seen in the context of a president who has been ranting and railing against Latin America continually for the last several years. They’re his bête noire. They’re his scapegoat for everything that’s wrong in America, from immigration to narcotics to alleged loss of jobs from trade.”

A more nuanced opinion was offered by Christopher Sabatini, executive director of Global Americans, a group promoting better engagement in the region. He said,  “The truth is, given the level of discourse on trade, immigrants and intervention coming from this administration, not paying much attention to the region may be welcome by a number of governments as they search for their own alternatives. The question though is what it means for U.S. leadership, not just now but over the long term.”

The region’s leaders  seemed to be taking the U.S. decision in stride, reflecting some of the unease generated by Trump’s anti-immigrant rhetoric and growing economic self-confidence in a region long resentful of Washington’s dominance.

The U.S. State Department announced that Acting Secretary of State John J. Sullivan will accompany Vice President Mike Pence at the Summit, where the U.S. “will promote priorities of mutual interest to the region, including supporting democracy; addressing the political and humanitarian crisis and restoring democracy in Venezuela; stemming corruption and transnational crime, and promoting economic prosperity.” Sullivan will meet separately with leaders from Peru, Brazil, Haiti, Mexico, Bahamas, Barbados, Guyana, Jamaica, St. Lucia, El Salvador, Guatemala, and Honduras.

The State Department noted that Sullivan “will also engage with members of Cuban and Venezuelan independent civil society.” Apparently he will avoid meeting with Cuban President Raúl Castro.

In another release the Department said it had “received numerous, credible reports that the Cuban government prevented, and continues to prevent, members of independent civil society from traveling to Peru to participate in the Summit . . . .  Cuban authorities prevented these individuals’ travel through arbitrary stops at the airport, short-term detentions, and visits to individuals’ homes to warn them against trying to leave the island.”

The Department’s release further stated that the U.S. “condemns these actions. We call on the Cuban government to facilitate full, robust participation in the Summit by allowing the free and unrestricted travel of its citizens, a universal human right.” As a result, the U.S. “stands with the brave activists facing repression by the Cuban regime. We are working with the Government of Peru and civil society to promote a Summit that features open, inclusive dialogue with the full participation of independent civil society representatives from Cuba and the hemisphere.”

At the Press Briefing the same day, the Department said that on April 12 Sullivan would be meeting with “with Cuban NGOs and opposition leaders,” but there was no meeting scheduled with Castro.

Cuba Developments[2]

Cuba has an official delegation of people from its purported civil society, who already are in Peru to attend the alternative Peoples Summit that has been organized by Peru’s General Confederation of Workers (CGTP). Its leader said it would express “support for the Cuban Revolution and reaffirm the commitment to progressive and left governments of Latin America and the Caribbean currently being ‘sabotaged by imperialism.”’ On April 12 they have planned an anti-imperialist rally called “Trump out of Peru,” but with Trump not coming, they will have to have a different theme.

The official Cuba delegation of civil society has criticized “attempts by mercenaries and groups with links to terrorists to pass for supposed representatives of Cuban civil society.” The official delegation’s official statement expressed their desire “to contribute the experience of the Cuban Revolution that has, over almost 60 years, constructed a consensus in favor of our political, economic, and social system, forged through participative, socialist democracy, in which human beings constitutes the highest priority, and in which government is exercised by the people.”

These Cubans vandalized a Lima billboard that said in Spanish (here in English translation): “Cuba, enough of corruption, repression and impunity, stop human rights violations.”

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[1]  Davis, Trump Cancels Trip to Latin America, Citing Crisis in Syria, N.Y. Times (April 10, 2018); Assoc. Press, Latin America Takes Trump’s Forgoing of Summit in Stride, N.Y. Times (April 10, 2018); U.S. State Dep’t, Acting Secretary Sullivan Travel to Lima, Peru, To Participate in the Summit of the Americas (April 10, 2018); U.S. State Dep’t, On Cuba’s Restriction of Civil Society Participation in the Summit of the Americans (April 10, 2018); U.S. State Dep’t, Department Press Briefing-April 10, 2018.

[2] Gómez, People’s Summit kicks off in Lima, Granma (April 10, 2018); Statement from Cuban delegation to 8th Summit of the Americas parallel forums, Granma (April 9, 2018); ‘Shock troops’ of the Cuban regime in Lima vandalize the fences that denounced the repression, diario de Cuba (April 11, 2018); “CUBA in #Cumbre”, Cuba Debate.