U.S. State Department’s Second Ministerial To Advance Religious Freedom

On July 16-18, 2019, the U.S. State Department hosted its Second Ministerial to Advance Religious Freedom. The opening event was held at the U.S. Holocaust Memorial Museum in Washington, D.C. to emphasize the “importance of promoting religious freedom and protecting religious minorities.” The closing event, also in Washington, D.C. was at the National Museum of African American History and Culture and co-hosted by the U.S. Holocaust Memorial Museum.[1]

First Day Activities[2]

After welcoming remarks by Secretary Pompeo and Ambassador at Large for International Religious Freedom Sam Brownback, the participants discussed the opportunities and challenges for promoting and defending religious freedom globally. Through a series of plenary sessions, they discussed the necessary building blocks and emerging trends in advancing religious freedom, as well as how religious freedom, international development, and humanitarian aid can work together to advance mutual interests.

Second Day Activities[3]

 There were three separate discussions led by topical experts, civil society actors, religious leaders, academics and working-level government officials on topics such as best practices for religious freedom advocacy; limitations in forming, registering and recognizing religious communities; challenges facing religious minorities; combatting the rise of anti-Semitism and anti-Islamic behavior; countering violent extremism; religious freedom and national security; religious freedom and economic development; cultural heritage protection for religious sites; religious minorities and humanitarian crises; international development aid and religious freedom; and mobilizing faith leaders around peace and development goals.

At the end of the second day, the White House held a brief reception for some of the Ministerial attendees. One was Cuban Pastor Mario Felix Lieonart, who said, “Pastor, Ramón Rigal, and his wife are imprisoned in Cuba.  Please pray for them and help the people in Cuba. Two other Cuban pastors who were invited for the Ministerial “are not here because the government in Cuba would not give them permission to come. They are Moisés de Prada, president of the Assemblies of God, and Álida León, president of the new Evangelical League of Cuba, which said, “The intention to attend [the Ministerial] was made public, it was a proof of transparency and truth, we have nothing institutionally to hide.” Lieonart added, I am here because I am a refugee in United States.  Thank you for your hospitality for me.” In response to a question from President Trump, Rev. Lieonart said, “Raúl Castro is continuing in power because he is the First Secretary of the Communist Party.  And the new President is not really Cuba’s leader. Castro is the real leader.”

Third Day Activities[4]

Senior government and international organization representatives focused on: identifying global challenges to religious freedom; developing innovative responses to persecution on the basis of religion; and sharing new commitments to protect religious freedom for all. Survivors or close relatives of those who suffered persecution due to their religion or beliefs shared their stories. Government delegations were encouraged to announce new actions and commitments they will take to protect and promote freedom of religion or belief.

There also were the Keynote Address by Secretary Pompeo, an Address by Vice President Mike Pence and Closing Comments by Ambassador Brownback. The highlights of those speeches follow.

Secretary Pompeo’s Keynote Address

The attendance aat this Ministerial “proves that religious freedom matters to literally billions of people all around the world. Look around you. Religious freedom isn’t just a Christian concern, a Jewish concern, a Muslim concern, a Buddhist concern, a Hindu concern, or a humanist concern. It’s all of our concern; it is everyone’s concern.”

“Here in the United States, our Declaration of Independence clearly states that certain rights are unalienable. There are liberties to which all of mankind, in all places, at all times are entitled. Religious freedom is one of them. Our Constitution puts it in the very first amendment.”

“Thomas Jefferson, our first Secretary of State, [helped author the Virginia Statute of Religious Freedom,“ which states, ‘Almighty God hath created the mind free… No man shall be compelled to frequent or support any religious worship or ministry, or shall otherwise suffer on account of his religious opinions or belief.’”

“The UN Universal Declaration of Human Rights affirms religious freedom or belief as a universal right.”

“Today, we come together to turn our convictions into action. And there’s not a moment to lose. A shocking 83 percent of the world’s population live in nations where religious freedom is either threatened or denied entirely.”

Perhaps you’ve heard the recent news of the Cuban evangelical leaders who registered for this very event to come here to Washington but were not permitted to come. . . . [T]he Cuban government prevented them from . . . [coming] to express their religious freedom. Such is the thuggish, intolerant nature of the current regime in Havana.” (Emphasis added.)

The Secretary then commented about violations of religious freedom in Iran, Burma and China.

“{L]ookl at what we’ve accomplished as a result of last year’s ministerial.”

“The State Department has established an International Religious Freedom Fund – a multi-donor fund that provides rapid assistance to victims of persecution all throughout the world. It’s already serving good, and its purpose around the world is expanding. . . . We encourage more countries to step up to the plate and donate and contribute to this important cause that can do so much good all around the world.”

Here are other examples. The “United Arab Emirates they hosted the first regional conference in February on promoting religious tolerance in their curricula. . . .  {T]he nations of the Organization of American States unanimously put forth their first ever statement, introduced by the United States, affirming religious freedom in our hemisphere. Along with the United Kingdom, the United States co-sponsored a groundbreaking conference this past November on meeting the needs of vulnerable religious minorities in conflict zones. And several governments have created special ambassadors specifically charged with advancing religious freedom in their country and around the world.”

The State Department “recently commissioned a group called the Commission on Unalienable Rights to generate a serious debate about human rights that extends across party lines and across national borders. The commission’s purpose is very simple. We’re not out to discover new principles but to ground our discussion of human rights in America’s founding principles, and religious freedom is certainly amongst them.”

“In 2019, the State Department introduced mandatory training on international religious freedom for every one of our Foreign Service Officers. We’ve, so far, trained nearly 12,000 employees on how to identify religious discrimination and persecution and how to work closely with faith leaders all across the world. It is incredibly important that our diplomats be our ambassadors for this first freedom.”

“We should all consistently speak out about abuses of religious freedom. It’s the least that we can do. Today, we have nine statements of concern on countries and issues all teed up. I would ask each of you to sign them in solidarity.”

“Albania, Colombia, Morocco, and the Vatican will host regional conferences in the near future.”

“Thanks to Poland’s efforts, the UN General Assembly has named August 22nd as a special day to remember the victims of religious persecution. Please commemorate it in your home countries too. And we should all keep making the case at the United Nations and in other bodies that religious freedom should be a priority for that institution.”

“But governments alone can’t properly tackle this problem. Our countries need to support civil society groups.”

“I’m very proud to announce today a new effort that’s intended to help us in our goals across the board. We will create the International Religious Freedom Alliance. We hope that this new vehicle – the first every international body devoted to this specific topic – will build on efforts to date and bring likeminded countries together to confront challenges of international religious freedom. . . . it will defend the unalienable rights for all human beings to believe – or not to believe – whatever it is they choose.”

“You all came here because you understand that it is our responsibility to help them. We’re all in this fight together. You can be sure that the United States will be out front defending the God-given, unalienable right of all human beings to worship as they choose.”

Vice President Pence’s Remarks

“Since the earliest days of our nation, America has stood for religious freedom.  Our first settlers left their homes and all they knew for the chance to, as they said, “Begin the world [all] over again.”  They carved protections for religious liberty into the founding charters of our nation and our very earliest laws.  And after our independence was won, the crafters of America’s Constitution enshrined religious liberty as the first of our American freedoms.”

“Our Declaration of Independence proclaims that our precious liberties are not the gift of government, but rather they’re the unalienable rights endowed by our Creator.  Americans believe that people should live by the dictates of their conscience, not the diktats of government.”

“Free minds build free markets.  And wherever religious liberty is allowed to take root, it is prosperity and peace that ultimately flourish as well.”

“And as we tell even our closest allies, those who reject religious freedom are more likely to breed radicalism and resentment; that it can sow those seeds of violence and it can too often cross borders. And those who deny religious freedom to their own people often have few qualms denying those rights to others.”

“The list of religious freedom violators is long; their oppressions span the globe.” It includes Burma, Nicaragua, Venezuela, Iran, Burma, China, North Korea, Eritrea, Mauritania, Pakistan, Saudi Arabia, China and North Korea.”

“While religious freedom is always in danger in authoritarian regimes, threats to religious minorities, sadly, are not confined to autocracies or dictatorships.  The truth is, they can and do arise in free societies, as well, not from government persecution, but from prejudice. This is the evil of Anti-Semitism.”

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[1] State Dep’t, Secretary Pompeo Convenes Second Ministerial to Advance Religious Freedom (June 25, 2019); State Dep’t, Ministerial To Advance Religious Freedom Convenes Opening and Closing Events (July 12, 2019). The first Ministerial in July 2018 was discussed in a prior post.

[2] State Dep’t, Day 1: 2019 Ministerial To Advance Religious Freedom (July 16, 2019).

[3] State Dept, Day 2: Track 1: 2019 Ministerial To Advance Religious Freedom (July 17, 2019); State Dept, Day 2: Track 2: 2019 Ministerial To Advance Religious Freedom (July 17, 2019); State Dept, Day 2: Track 3: 2019 Ministerial To Advance Religious Freedom (July 17, 2019); The White House, Remarks by President Trump in Meeting with Survivors of Religious Persecution (July 17, 2019); Cuban Pastor Denounces Cuban Violations of Religious Freedoms to President Donald Trump, Diario de Cuba (July 19, 2019); The regime prevents two of Cuba’s leading evangelical leaders from leaving the country, Diario de Cuba (July 14, 2019); We have nothing to hide’: the Evangelical League of Cuba, Diario de Cuba (July 19, 2019).

[4] State Dep’t, Day 3: 2019 Ministerial To Advance Religious Freedom (July 18, 2019); State Dep’t, Secretary of State Michael R. Pompeo Keynote Address at the Ministerial to Advance Religious Freedom (July 18, 2019); The White House, Remarks by Vice President Pence at the 2nd Annual Religious Freedom Ministerial (July 18, 2019). The prior day the Secretary made a similar speech for the presentation of international religious freedom awards. (State Dep’t, Secretary of State Michael R. Pompeo at the Reception for the Ministerial To Advance Religious Freedom and Presentation of the International Religious Freedom Awards (July 17, 2019).

 

 

 

U.N. Security Council Adopts Resolution Regarding the Western Sahara Situation

On April 27, 2018, the U.N. Security Council adopted Resolution 2414 (2018) Regarding the Situation in the Western Sahara. This resolution was offered by the U.S. and adopted, 12-0 (with abstentions by China, Ethiopia and the Russian Federation).[1]

After a long preamble, the resolution provided, in part, as follows:[2]

“1. Decides to extend the mandate of MINURSO until 31 October 2018;

“2. Emphasizes the need to make progress toward a realistic, practicable and enduring political solution to the question of Western Sahara based on compromise and the importance of aligning the strategic focus of MINURSO and orienting resources of the United Nations to this end;”

“3. Calls upon the parties to resume negotiations under the auspices of the Secretary-General without preconditions and in good faith, taking into account the efforts made since 2006 and subsequent developments with a view to achieving a just, lasting, and mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations, and noting the role and responsibilities of the parties in this respect;”

. . . .

“10. Calls upon all parties to cooperate fully with the operations of MINURSO, including its free interaction with all interlocutors, and to take the necessary steps to ensure the security of as well as unhindered movement and immediate access for the United Nations and associated personnel in carrying out their mandate, in conformity with existing agreements;”

After the vote, the U.S. representative,  Amy Tachco, said, in part, the following:

  • “The United Nations Mission for the Referendum in Western Sahara (MINURSO) is a peacekeeping mission that should have finished its job a long time ago. It is a mission that began 27 years ago, almost to the day. It is a mission that was designed to help achieve a specific purpose — one that it has not yet completed. That is not the fault of MINURSO. The fact is that we, as a Security Council, have allowed Western Sahara to lapse into a textbook example of a frozen conflict. And MINURSO is a textbook example of a peacekeeping mission that no longer serves a political purpose.”
  • “The [U.S.] wants to see progress at last in the political process meant to resolve this conflict. That is why we have renewed the MINURSO mandate for six months, instead of one year. Over the next six months, we expect that the parties will return to the table and engage Personal Envoy Köhler. We also hope that neighboring States will recognize the special and important role that they can play in supporting this negotiating process.”
  • “The [U.S.] emphasizes the need to move forward towards a just, lasting, and mutually acceptable political solution that will provide for the self-determination of the people of Western Sahara. We continue to view Morocco’s autonomy plan as serious, credible and realistic, and it represents one potential approach to satisfying the aspirations of the people of Western Sahara to run their own affairs with peace and dignity. We call on the parties to demonstrate their commitment to a realistic, practicable and enduring political solution based on compromise by resuming negotiations without preconditions and in good faith. Entrenched positions must not stand in the way of progress.” (Emphases added.)
  • “In the meantime, we expect that all parties will respect their obligations under the ceasefire and refrain from any actions that could destabilize the situation or threaten the United Nations process.” (Emphasis added.)

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

[1]  U.N. Sec. Council, The situation concerning Western Sahara (April 27, 2018); U.N., Press Release: Calling for Renewed Efforts to End Decades-old  Western Sahara Conflict, Security Council Extends Mission, Adopting Resolution 2414 (2018), (April 27, 2018); U.N. Sec. Council, Report of the Secretary-General on the situation concerning Western Sahara  (S2018/277 Mar. 29, 2018). The prior Security Council resolution on this subject was discussed in U.N. Security Council Orders Negotiations About the West Sahara Conflict, dwkcommentaries.com (May 9, 2017).

[2] U.N. Sec. Council, Resolution 2414 (2018), adopted April 27, 2018.

U.S. State Department’s Report on Morocco’s Religious Freedom Record in 2017

On May 29, 2018, the U.S. State Department released its report on religious freedom in every country of the world for 2017.[1]

Here is its Executive Summary for Morocco’s religious freedom record in 2017:[2]

  • “The constitution declares the country to be a Muslim state with full sovereignty and that Islam is the religion of the state. The constitution guarantees freedom of thought, expression, and assembly, and says that the state guarantees to everyone the freedom to “practice his religious affairs.” The constitution states the king is the protector of Islam. It prohibits political parties, parliamentarians, and constitutional amendments from infringing upon Islam. The criminal code prohibits undermining the faith or enticing a Muslim to convert to another religion. According to human rights organizations and local Christian leaders, the government detained and questioned some Christian citizens about their beliefs and contacts with other Christians. Christian and Shia Muslim citizens stated fears of government harassment led to their decision to hold religious meetings in members’ homes. Foreign clergy said they discouraged the country’s Christian citizens from attending their churches out of fear they could be criminally charged with proselytism. Some Christian citizens reported authorities pressured Christian converts to renounce their faith. On at least two occasions during the year, the government expelled foreign individuals accused of proselytism as “a threat to public order,” rather than prosecuting them under provisions of the law that prohibit “undermining the faith.” Although the law allows registration of religious groups as associations, some minority religious groups reported government rejection of their registration requests. In May Spanish media reported the minister of endowments and Islamic affairs used the term “virus” when referring to Christians and Shia Muslims in the country. Some religious minority groups, such as the Bahai community, practiced their religion without formal registration. In October media reported that authorities prevented the Bahai community from publicly celebrating the bicentennial of the birth of the faith’s founder. The authorities introduced new religious textbooks during the school year following a review they said was aimed at removing extremist or intolerant references. The Ministry of Endowments and Islamic Affairs (MEIA) continued to guide and monitor the content of sermons in mosques, Islamic religious education, and the dissemination of Islamic religious material by the broadcast media, actions it said were intended to combat violent extremism. The government restricted the distribution of non-Islamic religious materials, as well as Islamic materials it deemed inconsistent with the Maliki-Ashari school of Sunni Islam.”
  • Some Christian, Bahai, and Shia Muslims reported societal, familial, and cultural pressure on account of their faith. Passersby reportedly attacked at least one individual during Ramadan for eating in public during fasting hours.”
  • “The Charge d’Affaires, other embassy and consulate general officers, and other S. government officials promoted religious freedom and tolerance in visits with key government officials, where they highlighted on a regular basis the importance of protection of religious minorities and interfaith dialogue.” (Emphases added.)

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[1] U.S. State Dep’t, International Religious Freedom Report for 2017 (May 29, 2018); U.S. State Dep’t, Briefing on the Release of the 2017 Annual Report on International Religious Freedom (May 29, 2018).

[2] U.S. State Dep’t, International Religious Freedom Report for 2017: Morocco (May 29, 2018).

 

U.S. State Department’s Opinion on Morocco’s Human Rights Record in 2017     

On April 20, 2018, the U.S. Department of State released its annual report on human rights in every country in the world. [1]

Here is the very short Executive Summary of its report about Morocco’s human rights record in 2017:[2]

  • “Morocco is a constitutional monarchy with a parliamentary national legislative system under which ultimate authority rests with King Mohammed VI, who presides over the Council of Ministers. The king shares executive authority with the Head of Government (prime minister) Saadeddine El Othmani. According to the constitution, the king appoints the head of government from the political party with the most seats in parliament and approves members of the government nominated by the head of government. International and domestic observers judged the 2016 parliamentary elections credible and relatively free from irregularities.”
  • “Civilian authorities maintained effective control over security forces.”
  • ‘The most significant human rights issues included reports that security forces used techniques that may have constituted torture in some cases, although the government was taking steps to eliminate the practice; allegations that there were political prisoners; limits on freedom of expression, including criminalization of certain political and religious content; limits on freedom of assembly and association; and corruption.”
  • “There were few examples of investigations or prosecutions of human rights abuses by officials, whether in the security services or elsewhere in the government, which contributed to the widespread perception of impunity.”

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

[2]  U.S. State Dep’t, Country Reports on Human Rights Practices for 2017: Morocco  (April 20, 2018).

 

Trump’s Despicable Anti-Muslim Tweeting Undercuts Islamic Allies 

U.S. and U.K. media have had full coverage of President Trump’s despicable recent re-tweeting  of anti-Muslim images and comments and his justified rebuking by U.K. Prime Minister Theresa May. [1]

Most of this coverage has focused on the source of the three videos that Trump re-tweeted (a far-right British political group) and the specifics of those videos: a fake Muslim attack on a Dutch boy; an extremist Muslim cleric’s  destroying a statue of the Virgin Mary; and a 2013 Egyptian political clash.

Surprisingly, however, another reason why this latest example of Trump’s outrageous ignorance and ineptitude should be condemned has not been mentioned. It undercuts the efforts of Islamic allies of the U.S. to combat the misuse of Islam by extremists.

As discussed in two recent posts to this blog, Saudi Arabia, a Muslim-nation and U.S. ally,  is leading a 41-member coalition of Muslim nations to do just that (Islamic Military Counter-Terrorism Coalition (IMCTC)). At the November 26 conference of this group, Saudi Crown Prince Mohammed bin Salman said, “The biggest danger of this terrorism and extremism is the tarnishing of the reputation of our beloved religion… We will not allow this to happen. Today, we start the pursuit of terrorism and we see its defeat in many facets around the world especially in Muslim countries… We will continue to fight it until we see its defeat.”

Another speaker at that conference, Dr. Mohammad bin Abdul Karim Al-Issa, Secretary General of the Muslim World League, said, “This meeting confirms the resolve of an Islamic consensus, one that takes its true meaning from the Islamic values of peace, tolerance and moderation.”[2]

This coalition’s efforts were preceded by the similar efforts of one of its members and another U.S. Muslim-nation ally, Morocco. In 2016 Morocco was the leader and the host of another conference that created the Declaration of Marrakesh. [3]

That Declaration recognized that “several predominantly Muslim countries [in recent years] have witnessed brutal atrocities inflicted upon longstanding religious minorities. These minorities have been victims of murder, enslavement, forced exile, intimidation, starvation, and other affronts to their basic human dignity. Such heinous actions have absolutely no relation whatsoever to the noble religion of Islam, regardless of the claims of the perpetrators who have used Islam’s name to justify their actions: any such aggression is a slander against God and His Messenger of Mercy as well as a betrayal of the faith of over one billion Muslims.”

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

[1] E.g., Specia, The Stories Behind Three Anti-Muslim Videos Shared by Trump, N.Y. Times (Nov. 29, 2017); Sparrow, Theresa May says Trump retweeting Britain First was ‘wrong thing to do’—Politics live, Guardian (Nov. 30, 2017) (video of Prime Minister’s comments); Baker & Sullivan, Trump Shares Inflammatory Anti-Muslim Videos, and Britain’s Leader Condemns Them, N.Y. Times (Nov. 29, 2017); Bilefsky & Castle, British Far-Right Group Exults Over Attention From Trump, N.Y. Times (Nov. 29, 2017).

[2] MUSLIM NATIONS LEAD ACTION AGAINST TERRORISM, dwkcommentaries.com (Nov. 25, 2017); Muslim Nations Embrace Counter-Terrorism Coalition, dwkcommentaries.com (Nov. 27, 2017).

[3] Morocco Promotes Moderate Islam with the Declaration of Marrakesh, dwkcommentaries.com (May 21, 2017).

Developments Regarding Morocco’s Human Rights

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

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

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

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

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

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

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

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

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

  1. Alkarama

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

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

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

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

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

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

  1. Human Rights Watch

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

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

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

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

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

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

 

 

 

 

 

U.N. Human Rights Council’s Sparring Over Cuban Human Rights

This September the U.N. Human Rights Council  in Geneva, Switzerland has encountered two items relating to Cuba: (a)  a Council reprimand of Cuba for its alleged punishing some of its citizens for cooperating with the U.N. on human rights and (b) Cuba’s human rights record.

The Council’s Reprimand

On September 20 the U.N. Human Rights Council reprimanded Cuba by putting it on a list of 29 states that have “punished people, through intimidation and reprisals, for cooperating with the UN on human rights.”  Such reprisals and intimidation include travel bans, asset-freezing, detention and torture.[1]

The  29 states on the list are Algeria, Bahrain, Burundi, China, Cuba, Egypt, Eritrea, Honduras, India, Iran, Israel, Mauritania, Mexico, Morocco, Myanmar, Oman, Pakistan, Rwanda, Saudi Arabia, South Sudan, Sri Lanka, Sudan, Tajikistan, Thailand, Turkey, Turkmenistan, United Arab Emirates, Uzbekistan and Venezuela. (The nine in bold along with 38 other U.N. members are elected by the U.N. General Assembly to serve on the Council.)

The report said the  following about Cuba:

“On 18 October 2016, some mandate holders raised with the [Cuban] Government allegations of harassment and reprisals against human rights defenders and members of the Cubalex Legal Information Center for their cooperation with the United Nations in the field of human rights (see A/HRC/34/75, CUB 3/2016). The allegations were mainly in relation to advocates’ cooperation with the Human Rights Council, its special procedures and the universal periodic review mechanism, and took the form of stop and questioning at the airport and harassment by immigration agents. Additionally, on 23 September 2016, the offices of Cubalex Legal Information Center were raided (CUB 3/2016).” (Report, Section V.B.5.)[2]

The Council’s Assistant Secretary-General, Andrew Gilmour, said, “There is something grotesque and entirely contrary to the Charter and spirit of the United Nations, and particularly this Council, that people get punished, through intimidation and reprisals, for cooperating with the U.N. on human rights,”

Complaint about Cuba’s Human Rights

On September 19, under the Council’s Agenda Item 4: “Human Rights Situations Requiring Council Attention,” a U.S. diplomat expressed U.S.’ deep concern about the human rights situation in Syria, the Democratic Republic of Congo, Burundi, Sudan, Myanmar, South Sudan, Russia, Iran, Democratic Republic of Congo, (North Korea), China, DPRK (North Korea), Hong Kong, Belarus, Turkey, Venezuela and Cuba. (Emphasis added.)[3]

The diplomat’s statement about Cuba was very short: “We urge Cuba to release political prisoners and cease the harassment of civil society groups.” (Emphasis in original.)

The U.S. statement about Venezuela, Cuba’s closest ally, was longer. It said, “We condemn the Maduro regime’s repressive actions to violate human rights including by suppressing dissent and peaceful protests in Venezuela.  We call on it to dissolve the illegitimate Constituent Assembly and restore Venezuela’s democratic institutions; hold free, fair, and credible elections as soon as possible; and provide humanitarian assistance for the Venezuelan people.” (Emphasis in original.)

Cuba’s Response.

The same day (September 19), Cuba’s Permanent Representative to the Council, Ambassador Pedro L. Pedroso Cuesta, made the following longer response:[4]

  • “Is it politicization, double standards and selectivity, [all] bad practices, that will end up prevailing in the work of the Human Rights Council? Many of us hope not.”
  • “However, what we have heard in the debate of this theme, as well as in others last week, suggests that some promote that this is the way to go by this body.”
  • “Several countries continue to seek to stand as paradigms for the promotion and protection of human rights and use this and other agenda items to criticize other countries, while xenophobia, racism and intolerance increase in their own territories to a highly worrying level.”
  • “How can one think they are seriously concerned about human rights situations in countries of the South, when they promote wars and interventions against them, and then ignore or keep their hands off the suffering they caused with these actions to citizens whose rights are supposedly sought to improve?”
  • “Why do they oppose implementing the right to development and thereby improve the situation of millions of people living in poverty?”
  • “Cuba rejects manipulation for political ends and double standards in the treatment of human rights. The accusations against my country made by the [U.S.] representative, as well as unfounded, are inconsistent with the need to promote an objective, non-politicized and non-discriminatory debate on human rights issues.”
  • “I must also draw attention to the fact that such statement, centered on the alleged violations of others, aims at ignoring all human rights violations occurring in its territory, and the deep international concern caused by the language of exclusion that appears in that country.”
  • “We demand the cessation of the economic, commercial and financial blockade imposed on Cuba for more than 55 years. The measures of June 16 to reinvigorate this blockade are doomed to failure, and will not achieve their purpose of weakening the Revolution or bending the Cuban people.”
  • “We reiterate our solidarity with the Venezuelan Government and people and call for an end to all interference in the internal affairs of that country. We demand respect for the legitimate right of the Venezuelan people to continue building the social model that drives the Bolivarian Revolution.”
  • “Let us not let the failure of the defunct Commission on Human Rights repeat itself in the Council. It is our duty to work for cooperation and respectful dialogue to prevail, and politicization, selectivity and double standards disappear once and for all.”

As mentioned in a previous post, U.S. Vice President MIke Pence at the U.N. Security Council Meeting  on September 20 complained about Cuba and certain other countries being members of the U.N. Human Rights Council in light of what he said was its oppression and repression, a charge rejected by Cuba at that same meeting and by Cuba’s Foreign Minister at the General Assembly on September 22.   https://dwkcommentaries.com/2017/09/24/u-s-cuba-relations-discussed-in-u-n-proceedings/

Conclusion

These developments at the Council do not involve the potential imposition of sanctions of any kind on Cuba. Instead they are, I believe, verbal sparring on an international stage. (If I am missing some potential sanctions, please advise in a comment to this post.)

I have not seen any Cuban response to the Council’s reprimand. In any event, Cuba as soon as possible should end any harassment of Cubalex Legal Information Center and any of its officers and employees.

Any reforms of the Human Rights Council would seem to lie with the General Assembly, which I assume would only do so after significant study, analysis and voting, and I am unaware of any such study being proposed or conducted.

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[1] U.N. Human Rts. Council, Report of the Secretary-General: Cooperation with the United Nations, Its representatives and mechanisms in the field of human rights (# A/HRC/36/31, Sept. 15, 2017)(Advance unedited version); U.N. Human Rts Council, Oral presentation by the Assistant Secretary-General for Human Rights of the Report of the Secretary-General on cooperation with the UN, its representatives and mechanisms in the field of human rights (No. 36/31 Sept. 20, 2017); U.N. Human Rts Council, Report highlights rising reprisals against human rights defenders cooperating with the UN (Sept. 20, 2017); Reuters, Record Number of States Punishing Human Rights Activism: U.N., N.Y. Times (Sept. 20, 2017).

[2] See earlier post to dwkcommentaries: Cuban Police Search and Seize Property of Independent Legal Center (Oct. 7, 2016) (CUBALEX is the Center in question); More Cuban Arrests of Dissidents ( Dec. 2, 2016) (arrest of Alfredo Ferrer Tamayo, who is ‎affiliated with Cubalex).

[3] U.S. Mission Geneva, Statement by the United States of America (Sept. 19, 2017).

[4] Cuba rejects manipulation of human rights issue in Geneva, Granma (Sept. 21, 2017).