Washington Post Criticizes Commission on Unalienable Rights

An August 23, editorial in the Washington Post criticized the recently established U.S. Commission on Unalienable Rights.[1] It thereby joins this blog and many other voices in finding this Commission unnecessary and misguided.

According to the Post, Secretary of State Mike Pompeo has lamented so called “ad hoc rights” and “the proliferation of rights claims” and called for a return to fundamentals or “unalienable rights.” Yet to date the Secretary has not “spelled out what he means” or offered “a single concrete example of what rights he wants to curtail.” This has prompted many human rights advocates to complain that the true purpose of the Commission is to exclude women’s reproductive rights or LGBT rights.

President Trump, however, “does not adhere to principle on human rights.” Instead, these two leaders “have singled out abuses when it suits their purpose” while turning “a blind eye toward the unsavory activities of regimes they favor.”

Therefore, “rather than. . . [tweaking] definitions [of human rights], Mr. Pompeo should start honestly speaking the truth about the world’s most frequent and serious rights violators.” [2]

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[1]  Editorial, Why redefine U.S. policy on human rights?, Wash. Post (Aug. 23, 2019).

[2] A recent article about  Pompeo reports that as an unsuccessful Kansas businessman he had the financial backing of the Koch brothers; that this Koch support continued while Pompeo was a Congressman and fierce critic of President Obama’s foreign policy; that Pompeo in 2016 was determined to stop Trump from getting the GOP’s presidential nomination, but at the party’s National Convention that year had switched to supporting Trump; that Trump’s November 16, 2016, interview of Pompeo was the first time they had met; that Pompeo as director of the CIA held daily briefings with Trump and waged what a former White House official described as a “concerted campaign” to replace Rex Tillerson as Secretary of State; that the State Department’s Commission on Unalienable Rights, banning the gay-pride flag at U.S. diplomatic posts and scepticism about climate change are parts of “Pompeo’s own ideological agenda;” and that Pompeo is approaching the Secretary’s job “like a future Presidential candidate.” (Glasser, The Secretary of Trump, The New Yorker (Aug. 26, 2019).)

 

Senators Express Deep Concern Over Commission on Unalienable Rights

On July 23, 2019, a group of 22 Senators told Secretary of State Pompeo of their “deep concern” over the new U.S. Commission on Unalienable Rights. [1]

The Senators said they “vehemently disagree” with the Secretary’s assertion that there was “confusion” over what human rights are. “The 1948 UN declaration of Human Rights begins by declaring that the recognition of the equal and inalienable rights ‘of all members of the human family is the foundation of the freedom, justice and peace.’ Moreover, widely ratified international treaties codify ‘inalienable’ rights.”

The letter continued, “it seems the administration is reluctant—or even hostile—to protected established internationally recognized definitions of human rights, particularly those requiring it to uphold protections for reproductive rights and the rights of marginalized communities, including LGBT persons. The [Secretary’s] assertion that decades of well-defined agreement on human rights has sown confusion over what rights are is simply an Orwellian twist to defend the indefensible.” In short, the Commission is “absurd, particularly from an administration that has taken a wrecking ball to America’s global leadership on protecting human rights across the world” by supporting “despotic governments abroad,” by “ignoring the devastating abuses and rights of children and families on our border” and by President Trump’s fawning “ over current abusers of human rights such as Russian President Vladimir Putin, North Korean leader Kim Jong Un and Saudi Crown Prince Mohammed bin Salman.

The senators also were concerned that the Commission’s membership was not fairly balanced, in accordance with federal law (41 C.F.R. Section 102-3.30). “The Commission’s chair and members are overwhelmingly clergy or scholars known to support discriminatory policies toward LGBT persons, hold views hostile to women’s rights and reproductive freedom, and/or support positions at odds with U.S. treaty obligations.”

Finally the letter protested the Secretary’s failure to consult or obtain input from the Department’s career human rights experts.

This letter to Pompeo was organized by Senator Bob Menendez (NJ), the Ranking Member of the Senate Foreign Relations Committee. The letter was signed by the following Democratic presidential candidates: Kamala Harris (CA), Michael Bennet (CO), Elizabeth Warren (MA), Amy Klobuchar (MN), Cory Booker (NJ), Kirsten Gillibrand (NY) and Bernie Sanders (IN, VT). Other Democratic Senator signatories were Tammy Baldwin (WI), Richard Blumenthal (CT), Benjamin L. Cardin (MD), Christopher Coons (DE), Tammy Duckworth (IL), Patrick Leahy (VT), Edward J. Markey (MA), Jeffrey A. Merkley (OR), Patty Murray (WA ), Jack Reed (RI), Jeanne Shaheen (NH), Tina Smith (MN), Chris Van Hollen (MD), Sheldon Whitehouse (RI) and Ben Wyden (OR).

Conclusion

This blog, which is sceptical about the true purpose of this Commission, has published many posts about this Commission.

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[1] Letter, U.S. Senators to Secretary Pompeo (July 23, 2019); Lederman & Lee, human rights groups lead chorus of alarm over new Trump administration commission, NBC News (July 23, 2019); Budryk, Democrats, advocacy groups urge Pompeo to abolish new ‘unalienable rights’ commission, The Hill (July 24, 2019).

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.S. Needs To Cooperate with U.N. Human Rights Experts

The U.N. Human Rights Council, based in Geneva, Switzerland, has what it calls Special Procedures, which are “”independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. The system of Special Procedures is a central element of the United Nations human rights machinery and covers all human rights: civil, cultural, economic, political, and social. As of 1 August 2017, there are 44 thematic and 12 country mandates.”[1]

Recent U.S. Non-Cooperation with U.N. Human Rights Council

On January 4, 2019, the London-based Guardian newspaper published an article asserting that the Trump Administration “has stopped cooperating with UN investigators over potential human rights violations occurring inside America, in a move that delivers a major blow to vulnerable US communities and sends a dangerous signal to authoritarian regimes around the world.”[2]

More specifically, the Guardian said the U.S. State Department “has ceased to respond to official complaints from UN special rapporteurs, the network of independent experts who act as global watchdogs on fundamental issues such as poverty, migration, freedom of expression and justice. There has been no response to any such formal query since 7 May 2018, with at least 13 requests going unanswered..

In addition, the Trump Administration has not “extended any invitation to a UN monitor to visit the US to investigate human rights inside the country since the start of Donald Trump’s term two years ago in January 2017. (Two UN experts have made official fact-finding visits . . .[since then] – but both had been invited by President Obama].”[3]

The U.S. thereby has now joined the ranks of countries like North Korea, Iran and Eritrea that simply ignore the requests of UN human rights monitors.

 U.S. Senator Menendez Asks for State Department Explanation

Therefore, on April 25, U.S. Senator Robert Menendez (Dem., NJ), the Ranking Member on the U.S. Senate Foreign Relations Committee, sent a letter to Secretary of State Mike Pompeo on this situation. The Senator started his letter by stating, “the work Special Rapporteurs conduct remains one of the international community’s most important tools for promoting and protecting human rights.”[4]

The letter continued,“Under previous Democratic and Republican administrations the United States welcomed visits by UN Special Rapporteurs and regularly responded to official queries, regardless of U.S. participation in the Human Rights Council at the time. Engaging with UN Special Rapporteurs is an essential part of U.S. global leadership and demonstrates our commitment to addressing complex human rights issues and the rule of law both at home and around the globe. The credibility of the work of UN Special Rapporteurs depends heavily on their ability to apply the same international standards to all countries, including democracies.”

“By shutting out UN Special Rapporteurs, the United States risks undermining a foundational value of the United Nations as well as human rights progress globally and will be seen as empowering repressive regimes, like China and Russia, who seek to delegitimize internationally accepted human rights norms. Though the United Nations is an imperfect body, UN Special Rapporteurs play an important role in advancing the fundamental human values traditionally championed by every previous U.S. Administration.”

Therefore, the Senator asked the Secretary to respond to the following questions by May 30, 2019:

1)     “Is there a policy, either formal or informal, in place with regards to responding to queries and visit requests from UN Special Rapporteurs? What is that policy?”

2)     “Since May 7, 2018, has the State Department responded either formally or informally to any queries or visit request from UN Special Rapporteurs? If yes, please provide detailed information, including: which UN Special Rapporteur the Department responded to, the date of last correspondence or engagement, the type of engagement (formal vs. informal) and copies of any formal responses.”

Conclusion

U.S. advocates for human rights here and around the world need to thank Senator Menendez for this request and urge Secretary Pompeo to stop this apparent practice or policy of non-cooperation with these human rights monitors.

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[1] U.N. Office of the High Commissioner for Human Rights, Special Procedures of the Human Rights Council.

[2] Pilkington, US halts cooperation with UN on potential human rights violations, Guardian (Jan. 4, 2019); Goldberg, US ceases cooperation with UN Human Rights Special Rapporteurs, U.N. Hum. Rts. Council (Jan. 8, 2019).

[3] Apparently after President Trump became President, Philip Alston, the U.N. Special Rapporteur on Extreme Poverty and Human Rights, visited the U.S. by President Obama’s invitation, and Alston’s final report in June 2018 was harshly criticized by U.S. Ambassador to the U.N. Nikki Haley. (See U.N. Official’s Report About U.S. Poverty Is Criticized by U.S., dwkcommentaries.com (June 28, 2018).)

[4] Press Release, Menendez Questions Sec. Pompeo about State Department’s Apparent Decision to Cut Contact with UN Human Rights Experts (April 25, 2019).

U.S. Reactions to New U.S. Anti-Cuba Policies 

U.S. objections to the new U.S. policies regarding Cuba (and Venezuela and Nicaragua) have been registered by a Bloomberg News editorial; by the U.S. Chamber of Commerce; by Representative Eliot Engel, the Chair of the House Committee on Foreign Affairs and other representatives and by groups and individuals outside the government. They will be discussed first.[1]

Then we will look at support for the policies from three Cuban-American legislators (Sen. Marco Rubio (Rep., FL), Sen. Robert Menendez (Dem., NJ) and Rep.Mario Diaz-Balart (Rep., FL); from Sen. Rick Scott (Rep., FL); and from Walter Russell Mead of the Wall Street Journal.

Given the legitimate current U.S.  preoccupation with the Mueller Report and its implications, there have been no editorials (to date) on these Cuba policy changes in other leading newspapers (New York Times, Washington Post and Wall Street Journal) or by the sponsors of the pending Senate bill to end the U.S. embargo of Cuba (Senators Amy Klobuchar (Dem., MN), Patrick Leahy (Dem., VT) and Mike Enzi (Rep., WY)) or by the Chair of the House ‘s Cuba Working Group Steering Committee (Tom Emmer (Rep., MN).

Critics of the New Policies[2]

  1. The Bloomberg Editorial.

Although it was worthy for the U.S. to seek to persuade Cuba to stop helping Venezuela’s Maduro, Bloomberg says the new policies are “the wrong way to get results.”

In fact, says Bloomberg, the new U.S. policies and actions will “inflict real damage on Cuba,” and  “that’s unlikely to make the country’s rulers budge. Instead, opening the [U.S.] floodgates for litigation against Canadian and European companies doing business in Cuba will fracture the international front against Maduro — not to mention swamping U.S. courts with troublesome lawsuits.” In fact, such litigation is “more an attack on America’s friends than on Cuba or Venezuela.”

Moreover, according to Bloomberg, “Aside from dividing what could have been a U.S.-led coalition [against Venezuela’s Maduro], the new escalation will play into the hands of aging hardliners, encouraging Cuba to seek help from Russia and China, and weaken potent internal forces for change.”

  1. Engage Cuba

Engage Cuba, the leading bipartisan coalition of businesses and others who support U.S.-Cuba normalization, issued the following critical comments:

(Statement by James Williams, President of Engage Cuba)

  • “President Trump is doing this for one reason, and one reason only: to appease fringe hardliners in South Florida ahead of the 2020 election. The only way to get property claimants what they deserve is through diplomatic negotiations, which President Trump just threw off the table. . . This lets the Cuban government off the hook and shifts the burden to American, European and Canadian companies. American companies and our closest allies will now be paying instead of the Cuban government.”
  • “The hypocrisy of the Trump administration cozying up to the most brutal dictatorships in the world in Saudi Arabia, Russia and North Korea, but claiming to care about democracy and human rights in Cuba, is like living in a parallel universe. President Trump himself tried for years to open up a Trump Hotel and golf resort in Cuba.”
  • “U.S. travel and remittances are the lifeblood of the private sector entrepreneurs in Cuba. These restrictions are a cruel betrayal and a knife in the back of Cuban civil society and the prospects for a growing independent private sector in Cuba. The Cuban people are already struggling under tremendous difficulties, and these actions only make it worse. We need a policy that focuses on empowering the Cuban people and advancing American interests, not continuing a 60-year failed policy that only serves fringe domestic politics in South Florida.”

(Property Claim Lawsuits)

  • “The Trump administration has chosen to break precedent with every administration since President Clinton by failing to waive Titles III and IV of the the LIBERTAD Act, commonly referred to as the Helms-Burton Act after its sponsors. When Title III takes effect on May 2, American companies and foreign firms will be subject to lawsuits in U.S. courts over the use of properties that were nationalized by the Cuban government following the 1959 revolution. Title IV will also take effect, requiring the denial of U.S. visas for anyone “trafficking” in confiscated Cuban properties, as well as their relatives.”
  • “In opposition to international law, Title III affords claimant rights to Cuban Americans who were Cuban citizens at the time their property was confiscated. Currently, there are 5,913 certified claims of seized American property in Cuba, but the State Department has estimated there could be a flood of up to 200,000 claims with the full activation of Title III.”
  • “Due to Title III’s potential to jeopardize U.S. trade interests, every U.S. administration since the law’s enactment in 1996 has suspended its implementation, typically for a period of six months. Today’s announcement marks the first time Title III has been fully activated and U.S. firms will be subject to lawsuits.”
  • “Companies from the biggest U.S. trade partners, including the European Union, Canada, and Mexico, will also be subject to property claim lawsuits under Title III, though most countries will protect their companies from having to pay damages to U.S. property claimants. The EU and Canada have threatened retaliation in the World Trade Organization.”
  • “Meanwhile, U.S. adversaries like Russia and China are unlikely to comply with Title III lawsuits and will instead align themselves with Cuba against this extraterritorial U.S. policy. By maintaining a trade embargo, the U.S. has already left a vacuum in Cuba for adversarial influence. As Cuba continues to be isolated by the Trump administration, it will increasingly turn to Russia and China, who offer them favorable credit terms and invest in high-profile projects.”

(New Restrictions on Remittances,Travel, and Financial Transactions)

  • “Bolton also announced there will be new limits on non-family travel to Cuba and U.S. remittances to the island, a heavy blow to Cuba’s nascent private sector (roughly one-third of the workforce) which greatly depends on remittances and U.S. travelers to keep their small businesses alive. Remittances will now be capped at $1,000 per quarter, a dramatic departure from the $4 billion that flowed to the Cuban people after the Obama administration lifted all limits on remittances in 2015.”
  • “Five Cuban government-run businesses will be added to the list of entities with which direct financial transactions are barred. New Department of Treasury regulations will prohibit U.S. banks from processing “U-Turn transactions,” Cuba-related funds transfers from a bank outside the U.S. that pass through U.S. financial institutions before being transferred to banks abroad where neither the originator nor the beneficiary is a U.S. national.”
  1. U.S. Chamber of Commerce

“Six decades of trying to isolate Cuba has failed to bring change to the island, and today’s move only doubles down on this strategy. The U.S. Chamber’s support for a new approach to Cuba is founded in our profound conviction that more engagement with the Cuban people — on the basis of free enterprise and free markets — is essential to democratic change and improvements in the Cuban people’s lives.”

“We strongly support U.S. government efforts to protect the property rights of U.S. citizens abroad, but full implementation of Title III is unlikely to achieve those aims and is instead more likely to result in a protracted legal and diplomatic morass that ensnares U.S. courts, companies and partners. . . . Furthermore, it is difficult to see how this action squares with the administration’s earlier commitment to hold harmless U.S. companies legally authorized and previously encouraged to do business in Cuba.”

“Many American companies will now be subjected to countersuits in Europe, Canada, Latin America, and elsewhere. Today’s announcement threatens to disrupt our trade ties to these countries, which are among our closest allies and best customers. Instead, we should be working with them to make the case for democratic change in Cuba.”

  1. Center for Democracy in the Americas

Another U.S. group that supports U.S.-Cuba normalization, the Center for Democracy in the Americas, said through its executive director (and former Obama National Security Advisor) Emily Mendrala, “Capping remittances is mean-spirited, and can only be understood as the U.S. government’s attempt to create economic hardship among the Cuban people. Ambassador Bolton’s speech conflated Cuba with Venezuela, and he announced a policy approach that does the same. The two countries are different, living through very different moments, and to exploit events in Venezuela to settle Cold War scores with Cuba is a distraction from real needs in Venezuela.”

  1. Cuba Educational Travel

Collin Laverty, president of Cuba Educational Travel, added other critical comments. First, “the measures on remittances and travel threaten the economic survival of Cuban families and the viability of thousands of independent small businesses allowed to operate since 2010 under reforms implemented by former President Raúl Castro.” Second, “The only winners here are a handful of members of Congress and those stuck in the past that support them. The losers are millions of Cubans on and off the island and the overwhelming majority of Americans that support engagement with Cuba.”

  1. Current and Former Federal Government Officials

Representative Eliot Engel (Dem., NY), the Chair of the House Committee on Foreign Affairs, stated, ““President Trump’s rejection of over two decades of bipartisan consensus on a key piece of U.S. policy toward Cuba will further isolate the United States from our Latin American and European allies and diminish our ability to promote democracy in Cuba and Venezuela. Sadly, this decision will do nothing to resolve U.S. property claims in Cuba—an important goal toward which we must continue to strive.”

Similar statements were issued by Representatives Kathy Castor (Dem., FL), James McGovern (Dem., MA), Barbara Lee (Dem., CA) and Donna Shalala (Dem., FL).

Benjamin Rhodes, a former Obama adviser who helped negotiate the December 2014 U.S.-Cuba normalization agreement, said, “Restricting remittances that can be sent to Cubans will directly hurt the Cuban people. This is a shameful and mean-spirited policy.”

Mark Feierstein, a former National Security Council’s Director for the Western Hemisphere, tweeted: “As Bolton delivers speech in Miami today on Cuba, it’s useful to keep in mind that according to public opinion polls, most Cuban-Americans approve the measures taken by the Obama Administration to support the Cuban people. The [National Security Council]. . . is out of step with majority opinion in Miami.” In another tweet  he stated, “What we’re leading the Cuban people toward is a darker day, where there will be less economic opportunity.”

  1. Other Americans

Tim Fernholz, who covers space, the economy and geopolitics for Quartz, has addressed the new policies’ adverse effects on the emrging Cuban private sector. He says, “The Trump administration is setting out to crush free markets in Cuba.” These policies “will damage Cuba’s nascent private sector far more than a ruling regime that has out-lasted six decades of US embargo. Trump is pulling the rug out from Cuba’s cuentrapropistas—literally, self-employed—eliminating their sources of capital and revenue and reducing their influence during the all-important transition to a post-Castro Cuban government. . . . US policy toward Cuba, meanwhile, is defined by a near-theological belief that isolating the Cuban people will lead them to abandon national self-determination.”

Supporters of the New Policies[3]

The two Cuban-American Senators and one of the Cuban-American U.S. Representatives, as expected, endorsed at least some of the new U.S. policies. So did Senator Rick Scott. So did Walter Russell Mead, who is the James Clarke Chace Professor of Foreign Affairs and the Humanities at Bard College, a Distinguished Fellow in American Strategy and Statesmanship at the Hudson Institute, and The Wall Street Journal’s Global View columnist.

Senator Marco Rubio (Rep., FL) said, “”By no longer suspending Title III of the Freedom Act, the Trump administration is the sixth of impunity by the Castro regime. The United States is opening the door to justice and enabling victims of the Cuban dictatorship to rightfully sue their perpetrators. Today, as we commemorate the value of the fallen heroes in the Bay of Pigs invasion, history is once again being written. ”

Senator Robert Menendez (Dem., NJ) offered a similar statement: “By fully implementing Title III of the LIBERTAD Act, the United States is rightly providing U.S. citizens with the means to hold the Cuban regime accountable through the U.S. justice system.”

Representative Mario Diaz-Balart (Rep., FL) issued a lengthier statement, which is extracted below:

  • “At long last, victims of confiscated properties will finally have the chance to pursue claims to recoup losses suffered at the hands of the Castro regime.”
  • “President Trump and his administration have demonstrated remarkable solidarity with the Cuban people and the regime’s other victims in tightening sanctions by prohibiting financial transactions with the Cuban military.
  • “Cutting off resources and investment to the regime in Cuba will benefit both U.S. national security interests and regional security interests for neighbors in our hemisphere.”

Senator Scott stated, “Americans can finally sue for property stolen by the Cuban regime. We must continue to do everything we can to cut off the money supply to the Castro Regime, which continues to prop up dangerous dictators like Nicolas Maduro in Venezuela and Daniel Ortega in Nicaragua.”

Walter Russell Mead. He starts with the proposition that Venezuela presents the key challenge of Latin America. “Left to accelerate, the breakdown of governance and civilized life in Venezuela can only create more refugees, enrich arms smugglers and drug cartels, allow forces like Hezbollah to insinuate themselves more deeply in the region. On the other hand, a return to some kind of stability under a pro-business government would initiate an economic recovery that would help the people of Venezuela and their neighbors alike, and deprive the terror cartels of much of their arms and funding. Crucially, if Venezuelan oil production recovers, it would help stabilize world energy markets and significantly increase American leverage with both Russia and Iran.”

“The continued collapse of Venezuela’s economy means the Cuban regime is also facing disaster. From the Trump administration’s point of view, this is a historic opportunity. If Cuba . . . abandons socialism on Mr. Trump’s watch, the president’s prestige at home and abroad would soar.”

Therefore, says Mead, the Trump Administration hopes for “historic victories in Cuba and Venezuela.” That plus  “the fear of a costly defeat have combined to persuade the Trump administration to adopt some of the most far-reaching economic sanctions ever imposed.” In short, no previous U.S. president “has been willing to impose sanctions that alienate powerful allies to this degree over Caribbean policy. That Washington is pressing ahead suggests how high a priority Venezuela has become for the administration.”

Conclusion

There are so many reasons to oppose the new U.S. policies towards Cuba, as this blogger does. Just refer to the above section regarding such opposition and to the similar discussion in the previous posts cited in footnote 1.

As always, this blog invites reasoned comments, pro or con, or corrections from all readers of this post.

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[1] Prior posts have discussed (a) the April 17 announcement of the U.S. allowance of litigation over alleged trafficking in American-owned Cuba property that was expropriated by the Cuban government, circa 1959-60; (b) National Security Advisor John Bolton’s April 17 announcement of additional Cuba sanctions; (c) Cuban reactions to these changes; and (d) European and other countries’ reactions to these changes. These changes take effect in the midst of Cuba’s current dire economic situation, which was the subject of another post.

[2] Editorial, Cuba Is a Problem That Trump Is Making Worse, Bloomberg (April 22, 2019); Press Release, Engage Cuba Statement on New Cuba Sanctions (April 17, 2019); Engage Cuba, Memorandum: New Sanctions on Cuba Announced April 17, 2019 (April 2019); U.S. Chamber of Commerce, Statement on Cuba and Title III of the LIBERTAD Act (April 17, 2019); Center for Democracy in the Americas, CDA STATEMENT:Cuba Sanctions announcement (April 17, 2019); Cuba Educational Travel, CET Statement on President Trump’s Cuba Policy Changes (April 17, 2019); Engel on Implementation of Article III of the Helms-Burton Act (April  17, 2019); U.S. Rep. Castor: The Trump Administration’s Announcement of New, Hardline Restrictions on Cuba Brings Pain to Families, Hurts Growing Cuban Private Sector (April 17, 2019); McGovern Statement on Trump Administration;’s Reckless Policy Change Toward Cuba (April 17, 2019); Congresswoman Barbara Lee Slams President Trump’s Backwards Policy Towards Cuba (April 17, 2019); Caputo, Trump crackdown on “3 stooges of socialism’ has 2020 thrust, Politico (April 17, 2019) (Rep. Shalala quotation); Reuters, Trump’s Cuba Hawks Try to Squeeze Havana Over Venezuela Role, N.Y Times  (April 18, 2019) (Rhodes quotation); Feierstein Twitter Account; Fernholz, Cuba’s entrepreneurs are under attack by Donald Trump, Quartz  (April 22, 2019).

[3] Press Release, Rubio Commends Trump Administration’s Move to Hold Cuba Accountable (April 17, 2019); Press Release, Rubio Highlights Importance of Trump Administration’s Commitment to Democracy in Latin America (April 17, 2019); Press Release, Menendez Statement on Announcement to Let Cuban Americans File Suit over Property Confiscated by Cuban Regime (April 17, 2019); Diaz-Balart: Trump Administration’s Full Implementation of Title III Is a Monumental Decision   (April 17, 2019); Press Release, Sen. Rick Scott Applauds President Trump For Fully Implementing Title III of the Libertad Act (April 17, 2019); Mead, Trump Takes Aim at Caracas and Havana, W.S.J. (April 22, 2019).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appointment of New U.N. High Commissioner for Human Rights

On August 8 U.N. Secretary-General Antonio Guterres announced his nomination of  Michelle Bachelet to be the new U.N. High Commissioner for Human Rights. On August 10 the nomination was approved by the 193-member U.N. General Assembly. [1]

Ms. Bachelet was most recently President of Chile between 2014 and 2018, having served previously from 2006 to 2010, the year in which she was appointed the first Executive Director of the United Nations Entity for Gender Equality and the Empowerment of Women (UN‑Women).  Ms. Bachelet also held ministerial portfolios in the Government of Chile, serving as Minister for Defence (2002‑2004) and Minister for Health (2000‑2002). She was imprisoned and  tortured under the Chilean dictatorship of Augusto Pinochet.

Initial Reactions to the Appointment

The current High Commissioner, Zeid Ra’ad Al Hussein, whose term ends August 31, said, “I am truly delighted by the appointment of Michelle Bachelet as the next UN High Commissioner for Human Rights. She has all the attributes – courage, perseverance, passion, and a deep commitment to human rights – to make her a successful High Commissioner. The UN Human Rights Office looks forward to welcoming her and working under her leadership for the promotion and protection of all human rights, for everyone, everywhere.”[2]

The U.S. Ambassador to the U.N., Nikki Haley, immediately commented on this selection. She said it was incumbent on Ms. Bachelet “to speak out against” what the U.S. regarded as the U.N. Human Rights Council’s failures “to adequately address major human rights crises in Iran, North Korea, Democratic Republic of the Congo, and elsewhere, or stop its chronic, disproportionate obsession with Israel.” The Ambassador also noted what she called “the Council’s  consistent failure to address extreme human rights abuses in the Western Hemisphere, in Venezuela and Cuba in particular.”[3]

The Cuban Observatory of Human Rights (OCDH), which is based in Madrid, Spain, called this appointment a”grave error.” This was based on its opinion that she had shown a “weak commitment to fundamental rights” during her two terms as President of  Chile.[4]

At the General Assembly, however, Cuba congratulated Bachelet on her appointment and said  Cuba “trusts in her proven experience and knowledge to perform an excellent performance in her position, away from double standards, politicization and selectivity.” Cuba also regretted the U.S. lukewarm acceptance of the appointment coupled with criticism of Cuba and then the Cuba representative launched Cuba’s litany of complaints about the U..S. A similar statement was issued by Venezuela.[5]

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[1] U.N., Secretary-General Nominates Michelle Bachelet of Chile as United Nations High Commissioner for Human Rights (Aug. 8, 2018); U.N., Former Chilean President Bachelet put forward by UN chief as next High Commissioner for Human Rights (Aug. 8, 2018); Reuters, U.N. General Assembly Approves Chile’s Bachelet as Rights Chief, N.Y. Times (Aug. 10, 2018).

[2] U.N. Office of High Commissioner for Human Rights, Zeid warmly welcomes appointment of new UN Human Rights Chief (Aug. 10, 2018).

[3] U.S. Mission to U.N., Statement by Ambassador Haley on the Nomination of Michelle Bachelet to be UN Commissioner for Human Rights (Aug. 8, 2018).

[4] The OCDH considers the designation of Bachelet as head of human rights at the UN a “grave error,” Diario de Cuba (Aug. 9, 2018).

[5] Cuba and Venezuela congratulate Bachelet for her appointment to the UN, Cubadebate (Aug. 10, 2018).

 

Cuba Religious Freedom in the Eyes of the U.S. State Department 

On May 29, 2018, the U.S. Department of State released its 2017 International Religious Freedom Report, which is required by the International Religious Freedom Act of 1998 (“the Act”) and which details the status of religious freedom in nearly 200 foreign countries and describes U.S. actions and policies in support of religious freedom worldwide.[1]

The State Department says its “guiding principle [in preparing this report] is to ensure that all relevant information is presented as objectively, thoroughly, and fairly as possible. Motivations and accuracy of sources vary, however, and the Department of State is not in a position to verify independently all information contained in the reports. To the extent possible, the reports use multiple sources to increase comprehensiveness and reduce potential for bias.”

At the report’s release, introductory remarks were made by Secretary of State Mike Pompeo (a former Republican U.S. Representative from Kansas and Director of the CIA), followed by a briefing for journalists by Ambassador at Large for International Religious Freedom Sam Brownback (a former Republican U.S. Senator and Governor of the State of Kansas). After reviewing these comments, the Report’s discussion of Cuba religious freedom will be covered.

Secretary Pompeo’s Introduction[2]

“This report is a testament to the United States’ historic role in preserving and advocating for religious freedom around the world. Religious freedom is in the American bloodstream. It’s what brought the pilgrims here from England. Our founders understood it as our first freedom. That is why they articulated it so clearly in the First Amendment. As James Madison wrote years before he was president or secretary of state, ‘conscience is the most sacred of all property.’ Religious freedom was vital to America’s beginning. Defending it is critical to our future.”

“Religious freedom is not only ours. It is a right belonging to every individual on the globe. President Trump stands with those who yearn for religious liberty. Our Vice President stands with them, and so do I.”

“Advancing liberty and religious freedom advances America’s interests. Where fundamental freedoms of religion, expression, press, and peaceful assembly are under attack, we find conflict, instability, and terrorism. On the other hand, governments and societies that champion these freedoms are more secure, stable, and peaceful.”

“So for all of these reasons, protecting and promoting global respect for religious freedom is a priority of the Trump administration. As our National Security Strategy so clearly states: ‘Our Founders understood religious freedom not as the state’s creation, but as the gift of God to every person and a fundamental right for a flourishing society.’ We’re committed to promoting religious freedom around the world, both now and in the future.”

“I am pleased to announce that the United States will host the first ever Ministerial to Advance Religious Freedom at the Department of State on July 25th and 26th of this year. I look forward to hosting my counterparts from likeminded governments, as well as representatives of international organizations, religious communities, and civil society to reaffirm our commitment to religious freedom as a universal human right. This ministerial, we expect, will break new ground. It will not just be a discussion group. It will be about action. We look forward to identifying concrete ways to push back against persecution and ensure greater respect for religious freedom for all.”

Ambassador Brownback’s Briefing[3]

The Ambassador mentioned that Eritrea, Tajikistan, Saudi Arabia, Turkmenistan, North Korea  and Iran were “Countries of Particular Concer” and that Pakistan, Russia and Burma also raised serious issues.

Report’s Executive Summary: Cuba Religious Freedom

“The constitution provides for freedom of religion and prohibits discrimination based on religion. The government and the Communist Party, through the Communist Party’s Office of Religious Affairs (ORA), continued to control most aspects of religious life. Observers noted the government continued to use threats, travel restrictions, detentions, and violence against some religious leaders and their followers. In May the government officially informed the Assemblies of God (AG) it would not proceed with confiscation orders against 2,000 AG churches or demolish a church in Santiago under zoning laws passed in 2015; however, it did not provide written guarantees to this effect. Christian Solidarity Worldwide (CSW) [4] noted 325 violations of freedom of religion or belief during the year. CSW reported a “significant drop” in the reported cases of violations of religious freedom or belief in the year compared with previous years, which it attributed to the government’s verbal rescinding in May of the decree outlawing the 2,000 AG churches. The majority of CSW’s reported violations were related to government efforts to prevent members of the human rights organization Ladies in White from attending Catholic Mass, as well as government threats and harassment of members of religious groups advocating for greater religious and political freedom. Religious groups reported a continued increase in the ability of their members to conduct charitable and educational projects, such as operating before and after school and community service programs, assisting with care of the elderly, and maintaining small libraries of religious materials. Some leaders from Catholic, Protestant, and minority religious groups stated the religious freedom environment had improved compared with the previous year, pointing to progress made in a pending permit to build a permanent church structure, while some evangelical Christian groups said religious freedom had not improved for them.”” (Emphases added.)

“The Community of Sant’Egidio organized the Paths of Peace, an interreligious meeting, in Havana on October 4 and 5. Leaders of different religions and more than 500 participants attended the meeting, which focused on the importance of welcoming and integrating migrants regardless of their religious affiliation or nonaffiliation.”

“U.S. embassy officials met with ORA officials to discuss the registration process for religious organizations and encourage equal treatment in allowing nonregistered groups to practice their religion. Embassy officials also met with the head of the Council of Cuban Churches (CCC), a government-recognized organization with close ties to the government and comprising most Protestant groups, to discuss its operations and programs. The embassy met regularly with Catholic Church authorities and Jewish community representatives concerning the state of religious, economic, and political activities. Embassy officials also met with representatives from Muslim, Jehovah’s Witness, Santeria, and various Protestant communities. The embassy remained in close contact with religious groups, including facilitating exchanges between visiting religious delegations and religious groups in the country. In social media and other public statements, the U.S. government continued to call upon the government to respect the fundamental freedoms of its citizens, including the freedom of religion.”

The Report’s Comments About Cuban Government Practices[5]

Religious organizations and human rights groups stated the government continued to threaten, detain, and use violence against outspoken religious figures, especially those advocating for human rights and religious freedom or collaborating with independent human rights groups. Security forces took measures, including detentions sometimes accompanied by violence, which inhibited the ability of members of the protest group Ladies in White to attend Catholic Mass. Some members of independent evangelical Christian churches said government authorities closely monitored and detained, for unspecified periods of time, their leadership and family members. Representatives of the Patmos Institute, a religious freedom advocacy organization, said authorities also targeted Christians affiliated with the institute, including through threats, detentions, and expulsions from school and work. One leader, who stated the situation had improved from the previous year, cited the approved permit to build the first new church built in the country since 1959.”

“Some high level Catholic, Protestant, and minority religious leaders stated the religious freedom environment had improved compared with the previous year; however, some evangelical Christian groups said religious freedom had not improved for their groups. CSW’s annual report stated church leaders from all denominations reported consistent harassment and surveillance from state security and officials responsible for religious affairs. It also stated the government continued to severely restrict public religious events. The CSW report counted 325 violations during the year, compared with 2,380 violations in 2016 and over 2,300 violations in 2015. In its report CSW stated the “significant drop” in the reported cases of violations of religious freedom or belief in the year, compared with previous years, was due to the government’s verbal rescinding in May of a decree that had outlawed 2,000 AG churches. One leader, who stated the situation had improved from the previous year, cited the approved permit to build a new Catholic church in Pinar del Rio Province – the first new church built in the country since 1959.” (Emphases added.)

“According to CSW, human rights activist Jorge Luis Garcia Perez reported state security agents raided the home of Misael Diaz Paseiro on October 22 and confiscated two Bibles, a number of crucifixes and five rosaries. On November 4, police reportedly beat Diaz, tore his rosaries from his neck, and said ‘in addition to being a counterrevolutionary, you are also a Christian. You should look at us – we are revolutionaries and we don’t believe in your god. Our god is Fidel Castro.’ Diaz was imprisoned on November 22 and reportedly denied visits from a priest and access to a Bible. The Christian Post reported the government charged Diaz with ‘pre-criminal dangerousness’ and sentenced him to 3.5 years in prison.” (Emphasis added.)

“Reverend Juan Carlos Nunez Velazquez, an Apostolic Movement leader, lost an appeal on February 1 to overturn his sentence of one year under house arrest. Police arrested Nunez in 2016 for disturbing the peace because he failed to comply with police orders to reduce the size and volume of the speakers he used during Sunday sermons at his open-air church.”

“According to CSW, in February authorities twice interrogated an Eastern Baptist Convention pastor about his work, members of his congregation, and the activities of his church. The authorities also threatened to confiscate the property; however, at year’s end, the government had taken no action against the church.” (Emphasis added.)

“According to CSW and news sources, on April 27, airport authorities detained and interrogated Felix Yuniel Llerena Lopez, a 20-year-old student and evangelical Christian and religious freedom activist, upon his return to the country. The authorities informed Llerena Lopez he was being investigated for planning terrorist acts, possessing pornographic materials, and meeting with “terrorist” Cuban exiles opposed to the government. The authorities briefly detained Lopez’s mother, expelled Llerena Lopez from the university where he was a part-time student, and banned him from international travel. On October 2, authorities informed Llerena Lopez he would not be charged with any crimes and rescinded his travel ban; however, the university had not reinstated him at year’s end. CSW quoted Llerena Lopez as saying, ‘After five months of opposition, arrests, being expelled from university, intimidation, threats, and a false accusation, today I can say that solidarity and the dignity of not giving up on principles … triumphed.’” (Emphases added.)

“According to CSW, on November 6, police arrested and briefly detained Leonardo Rodriguez Alonso, a local Patmos coordinator in Santa Clara, without charges. CSW sources said on April 11, Rodriguez’s daughter, Dalila Rodriguez Gonzalez, was fired from her position as a university professor for not being ‘a good influence on students’ and because she ‘could damage their formation.’  According to Rodriguez Alonso, his daughter’s dismissal was revenge for his religious freedom advocacy.” (Emphasis added.)

“According to CSW, police physically assaulted members of the Ladies in White, a rights advocacy organization, while they were en route to attend religious ceremonies. On February 19, CSW reported that a police officer punched in the face Ladies in White member Magda Onelvis Mendoza Diaz as she was going to church. On August 13, a police officer in Havana reportedly choked Berta Soler Fernandez, and officers detained her for 24 hours; they subsequently released her without charge.” (Emphases added.)

“According to representatives of several religious organizations that had unsuccessfully sought legal recognition, the government continued to interpret the law on associations as a means for the MOJ to deny the registration of certain religious groups. If the MOJ decided a group was duplicating the activities of another, it denied recognition. In some cases, the MOJ delayed the request for registration or cited changing laws as a reason why a request had not been approved.”

“According to the members of Protestant denominations, some groups were still able to register only a small percentage of ‘house churches’ in private homes; however, most unregistered house churches continued to operate with little or no government interference. A number of religious groups, including the Jehovah’s Witnesses and the Mormons, continued to await a decision from the MOJ on pending applications for official recognition, some dating as far back as 1994. These groups said the authorities permitted them to conduct religious activities, hold meetings, receive foreign visitors, make substantial renovations to their facilities, and send representatives abroad. They also said state security continued to monitor their movements, telephone calls, visitors, and religious meetings.”

“According to CSW sources, on September 14, police disrupted an interdenominational Christian service in Santiago; local authorities had previously approved the service. Local authorities said the service was ‘counterrevolutionary’ and threatened to imprison event organizer Pastor Ernesto Lora if he organized a similar event in the future.” (Emphasis added.)

“According to CSW, on April 3, authorities in Las Tunas fined Reverend Mario Travieso of the Apostolic Church 1,500 pesos ($1,500) for building a wall next to his church that the authorities considered too high even though he had received written approval from his neighbors. Prior to imposing the fine, authorities had inspected his house in response to a noise complaint; they told him not to pray or sing with neighboring families.” (Emphasis added.)

“Many religious leaders continued to state they refrained from speaking about overtly political topics. Some said they feared criticizing the government could lead to denials of permits from the ORA, dismantling of religious buildings, or other measures that could limit the growth of their religious groups. The nongovernmental organization Outreach Aid to the Americas (OAA) reported some instances in which evangelical Christians not supporting Communist Party political activities experienced harassment and threats from government employers and educators.”

“According to the OAA, the Central University in Santa Clara expelled an 18-year-old student after he began attending Christian group meetings at the university. The OAA said university officials told the student he was expelled because his beliefs ‘were not compatible with the philosophy taught at the university.’”

“The OAA said from October 2016 to April 2017, the supervisors of an employee in a government-run company in Taguasco reportedly threatened the employee with termination after learning he had joined a Christian church in 2016. The man reported his harassment and threats to his pastor in April.”

The OAA stated in April school administrators had threatened to expel a 17-year-old student “enrolled in a pre-university course at the Ernesto Che Guevara Institute of Santa Clara if he continued to participate in Christian group meetings.”

“In May the government informed the Assemblies of God (AG) it would not proceed with confiscation orders against 2,000 AG churches or demolish a church in Santiago under zoning laws passed in 2015; however, it did not provide written guarantees to this effect.”

“Many religious groups continued to use private homes as house churches to work around restrictions on constructing new buildings. Protestant leaders’ estimates of the total number of house churches for Protestant groups varied significantly, from fewer than 2,000 to as many as 10,000. Religious groups said authorities approved many applications within two to three years from the date of the application, but either did not respond to or denied other applications arbitrarily.”

“Representatives from both the Catholic Church and the CCC [Cuban Council of Churches] said they continued to conduct religious services in prisons and detention centers in some provinces. The Protestant seminary in Matanzas and churches in Pinar del Rio continued to train chaplains and laypersons to provide religious counseling for prison inmates and to provide support for their families. The CCC continued to operate a training facility it opened in 2016, at which it offered courses on chaplain work as well as courses on caring for sacred religious objects, gender and women’s issues, and seminars for international students.”

“Representatives of religious groups reported their leaders continued to travel abroad generally unimpeded to participate in exchanges between local and international faith-based communities.”

“The majority of religious groups continued to report improvement in their ability to attract new members without government interference, and a reduction in interference from the government in conducting their services. According to local observers, in September authorities prohibited a Baptist journalist from traveling with an interfaith group of religious and civil society activists and journalists to a human rights training seminar in Brazil. The journalist’s employer reportedly accused the journalist of selling secret information and of committing treason. Several independent journalists and bloggers reported an increase in government harassment and prohibitions of travel of individuals who questioned government policies.”

“Some religious leaders reported obstacles preventing them from importing religious materials and donated goods, including bureaucratic challenges and arbitrary restrictions such as inconsistent rules on computers and electronic devices. Several groups said they could import large quantities of Bibles, books, clothing, and other donated goods. The Catholic Church and several Protestant religious group representatives said they continued to maintain small libraries, print periodicals and other information, and operate their own websites with little or no formal censorship. The Catholic Church continued to publish periodicals and hold regular forums at the Varela Center that sometimes criticized official social and economic policies.”

“By year’s end, the government had not granted the Archbishop of Havana’s 2016 public request to allow the Catholic Church to reopen religious schools and have open access to broadcast on television and radio. The ORA authorized the CCC to host a monthly radio broadcast, which allowed the council’s messages to be heard throughout the country. No other churches had access to media, which are all state-owned. Several religious leaders continued to protest the government’s restriction on broadcasting religious services over the radio or on television.”

“The ORA stated in August the law on associations was being revised, although it did not provide a timeline for when the revisions would be finalized, nor what the changes would be. Members of the AG continued to request the government pass reforms to the law that would validate and legalize the property the church owned, as well as allow the church to build new temples.”

“Several religious leaders said the ORA continued to grant new permits to repair or restore existing buildings, allowing the expansion of some structures and in some cases the construction of essentially new buildings on the foundations of the old. In August an ORA source stated the ORA had granted permission in 2015 for the Catholic Church to build an entirely new church on newly acquired ground in Pinar del Rio Province. The media reported in 2017 the construction was almost complete. Some religious leaders stated the government regularly granted permits to buy properties to be used as house churches, including in some cases when the titleholder to the property did not plan to live there. Other religious groups stated securing permission for the purchase or construction of new buildings remained difficult, if not impossible.”

T”he government continued to prevent religious groups from establishing accredited schools but did not interfere with the efforts of some religious groups to operate seminaries, interfaith training centers, before- and after-school programs, eldercare programs, weekend retreats, workshops for primary and secondary students, and higher education programs. The Catholic Church continued to offer coursework leading to a bachelor’s and master’s degree through foreign partners. Several Protestant communities continued to offer bachelor’s or master’s degrees in theology, the humanities, and related subjects via distance learning; however the government did not recognize any of these degrees.”

“Jehovah’s Witnesses leaders continued to state they found the requirements for university admission and the course of study incompatible with the group’s beliefs since their religion prohibited them from political involvement. As a result, Jehovah’s Witnesses remained ineligible for professional careers in the fields of law, medicine, among others.”

“Church leaders reported the government continued an unofficial practice of allowing civilian public service to substitute for mandatory military service for those who objected on religious grounds. Church leaders submitted official letters to a military committee, which decided whether to grant these exemptions. Jehovah’s Witnesses and Seventh-day Adventist leaders stated their members generally were permitted to perform social service in lieu of military service.”

“Some religious leaders said the government continued to restrict their ability to receive donations from overseas. They cited a measure that prohibited churches and religious groups from using individuals’ bank accounts for their organizations, and required existing individual accounts used in this way to be consolidated into one per denomination or organization. Larger, better organized churches reported more success in receiving large donations, while smaller, less formal churches reported difficulties with banking procedures. According to these religious leaders, the regulations allowed the government to curb the scope and number of activities of individual churches and to single out groups that could be held accountable for withdrawing money intended for purposes not approved by the government.”

“Religious groups continued to report the government allowed them to engage in community service programs, including assisting the elderly, providing potable water to small towns, growing and selling fruits and vegetables at below-market prices, and establishing health clinics. International faith-based charitable operations such as Caritas, Sant’Egidio, and the Salvation Army maintained local offices in Havana. Caritas in particular was very involved in gathering and distributing hurricane relief items.”

“According to the Western Baptist Convention (WBC), on July 6, members of a family that occupied a Havana property owned by the WBC more than 30 years ago broke into the WBC’s new office adjacent to where the family lived. The family reportedly stole the WBC’s documents, computers, furniture, and other property and refused to return it to the WBC. The ORA took no action, despite WBC’s requests for ORA’s intervention. In 1992, a court ruled the family’s residency in the property was illegal but did not require the family to leave.”

Conclusion

The Act requires the Secretary of State to make annual designations of counties that have “engaged in or tolerated systematic, ongoing, and egregious violations of religious freedom” as “Countries of Particular Concern,” and on December 22, 2017, then Secretary Rex Tillerson so designated these 10 countries: Burma, China, Eritrea, Iran, North Korea, Sudan, Saudi Arabia, Tajikistan, Turkmenistan, and Uzbekistan, all of which in this Report are so identified.[6]

The Report’s discussion about Cuba surprisingly did not mention the recent annual report of the U.S. Commission on International Religious Freedom and instead heavily relied on the annual report of Christian Solidarity Worldwide, which seems contrary to the Department’s stated desire to have multiple sources of information. Further research and a separate blog post about CSW seem necessary and then an overall evaluation of these reports about Cuba religious freedom.

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[1] U.S. State Dep’t, International Religious Freedom Report for 2017 (May 29, 2018); U.S. State Dep’t, Five things To Know About This Year’s International Religious Freedom Report Release (May 29, 2018); Secretary Pompeo To Release the 2017 International Religious Freedom Report (May 25, 2018). Earlier reports on international religious freedom by the State Department and the U.S. Commission on International Religious Freedom are identified in the “Cuban Human Rights” section of List of Posts to dwkcommentaries—Topical: CUBA. /

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

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

[4] Christian Solidarity World claims that it it is independent of any government or political persuasion and says it has a “specialist team of advocates work on over 20 countries across Asia, Africa, the Middle East and Latin America, to ensure everyone’s right to freedom of religion or belief is defended, protected and promoted. Our vision is a world free from religious persecution, where everyone has the right to practice their religion or belief freely.” Its main office appears to be in London with other offices in Brussels, Belgium; Edinburgh, U.K.; Washington, D.C.; Casper, WY, U.S.; and Kaduna, Nigeria. In April 2017 the U.N. granted CSW  Consultative Status allowing it to participate in certain U.N. activities. Its Founder and Chief Executive is Mervyn Thomas, a member of the World Assemblies of God Religious Freedom Commission. (See Thomas, One Church, One Prayer; Williams, Christian Solidarity Worldwide gets UN recognition after lengthy wait (April 20, 2017).)

[5] U.S. State Dep’t, International Religious Freedom Report for 2017—Cuba (May 29, 2018).

[6] Compare U.S. State Dep’t,  Designations Under the International Religious Freedom Act of 1998 (Jan. 4, 2018)   with Cuba Religious Freedom in the Eyes of the U.S. Commission on International Religious Freedom, dwkcommentaries.com (May 28, 2018).  The six additional countries so designated by the Commission were Central African Republic, Nigeria, Pakistan, Russia, Syria, and Vietnam.