Former Cuban Judge Criticizes Cuban Legal System   

On January 13,  Edel González Jiménez, a former high-ranking Cuban judge who left the island in 2018 and now lives in Peru, told a press conference in Madrid, Spain about the many problems in Cuba’s legal system. Other details were added by Javier Larrondo, the president of Prisoners Defenders and a longtime anti- Castro activist.[1]

González Jiménez’s Comments

Based upon recently released Cuban government secret documents, González said the Cuban government is holding thousands of inmates on dubious charges and has the highest incarceration rate in the world. These records show that Cuba’s prison system holds more than 90,000 prisoners. (Previously the Cuban government had only publicly released the figure once, in 2012, when it claimed that 57,000 people were jailed.)

“What is important is what is behind those numbers,” Mr. González said. “People are in prison for stealing flour, because they are pizza makers and the government has set up a system where the only way to get flour is by buying in the black market from someone who stole it from the state.”

González said that Cuba’s judiciary was often controlled by state security forces that can manufacture cases against political opponents. “What happens, for example, when an issue has a political nature? Well then there is fear [by the judges of losing their jobs]. And that fear . . .can have a negative impact on justice” by “judges, fearful of losing their jobs, go along with evidence that is often flagrantly concocted.”

In ordinary criminal cases, however, judges are independent and free of government influence. González added, “I never received, in 17 years, any interference from either the [Communist Party of Cuba] or the Government.”

“The repression that I am seeing against some of my people is not what I want for my people. I have a lot of fear about the future. Every day Cubans face more fear. I don’t want blood on the streets of Cuba, I don’t want these imprisonments.”

González Jiménez also said that the majority of the Cuban people “unconditionally had accepted the system implemented by Havana more than 60 years ago.” Therefore, “the only thing we are asking for is that in the field of human rights, whether through mercy, it is understood that we have to work on the issue and that we have to take steps forward.” Indeed, “there are countless government officials who have a high sensitivity, who know that these human rights issues are hitting them and are delegitimizing even the country’s own image.” Such officials, however, are held back by their “own internal fear.”

González also raised a proposal for “national internal inclusive dialogue” between the State, opponents, dissidents and social sectors for the regulation of fundamental rights in the Cuban legal system.

Still, Mr. González insisted that there was time for Cuba to resolve its problems internally, and he warned against any outside interference. “We will not allow anybody to impose anything, that should be clear to all countries. Cubans can manage this alone without any kind of interference,” he said. This process “must be “sovereign, free and transparent.”

Mr. González also cautioned against coming to the conclusion that the high number of prisoners in Cuba was proof of a failed society and judiciary. Other countries, he said, had fewer prisoners, but that reflected a high level of “impunity” and failure to prosecute common and violent crime, while Cuba instead “maintains social order.”

Javier Larrondo’s Comments

Another participant in the press conference was Javier Larrondo, who runs an organization called Prisoners Defenders in Madrid, and who publicly announced his call for the Cuban government to respect civil rights.

“This [press conference] is an important blow to the regime,” Mr. Larrondo said.

Mr. Larrondo released Cuban court documents showing that dozens of men received sentences between two and four years in prison for offenses falling broadly under the category of “antisocial” — a phrase that can be applied to people who are unemployed, who do not belong to civic organizations associated with the state, who behave disorderly and harass tourists, and who associate with similarly “antisocial” people. In case after case, the description of the crime is identical, said Larrondo, suggesting that the police cut and pasted the language in the investigative report.

Cuban Prisoners Defenders and Civil Right Defenders reported that more than 90,000 people were in prison on the Island , where about 99% of the citizens tried are found guilty. In addition, Larrondo and Erik Jennische, director for Latin America of Civil Rights Defenders, said that in Cuba there are 37,458 people “in other situations of judicial and police control,” which gives a total of 127,458 convicted. That  is an imposing number of people who, as their “first criminal sanction, are being deprived of liberty, something of extreme rigor, and really unusual in most criminal systems” and who are less likely go obtain early release.

This analysis of the data showed that Cuba is “the first country for (number of) persons deprived of liberty in the world”, taking into account its population of 11 million inhabitants. The Island would be ahead of the U.S., El Salvador and Turkmenistan, whose data has been published by the World Prison Institute for Crime and Justice Policy Research.

In the files of prisoners obtained and published by the organizations (with the identity of the condemned hidden) elements are repeated such as lack of labor ties with the so-called mass organizations (controlled by the regime), being “prone to crime” for associating with “similar people,” practicing the “siege of tourism” and altering public order, as arguments to condemn citizens to sentences of up to three years in prison for an alleged “danger index. “This formula, known as “pre-criminal social danger,” frequently has been applied to opponents and other critical citizens of the Government to remove them from the streets.

This accusatory procedure “is frequently used for its speed and efficiency against dissidents, entrepreneurs and any type of person who is considered an urgent danger to the regime, which entails not only preventive detention, but very summary processes that prevent the proper exercise of the defense.”

The previously mentioned documents, according to the New York Times, showed that approximately 92 percent of those accused in the more than 32,000 cases that go to trial in Cuba every year are found guilty. Nearly 4,000 people every year are accused of being “antisocial” or “dangerous,” terms the Cuban government uses to jail people who pose a risk to the status quo, without having a committed a crime.

Conclusion

Last year, Mr. González’s former boss, Rubén Remigio Ferro, president of the Cuban Supreme Court, told the state newspaper, Granma that although the administration of justice on the island is improving, “deficiencies” still exist, such as trial delays, misguided decisions and a lack of professionalism. More recently President Miguel Díaz-Canel told judges while inaugurating the new judicial calendar that the courts must “remain a system that is distinguished first and foremost by its ethics, its transparency and the honest behavior of its members.”

From this blogger’s U.S. perspective, González’s career as a judge and his professed support for the Cuban Revolution should give these criticisms greater weight for Cuban officials. On the other hand, it was surprising there was no mention of at least a partial explanation of Cuban prosecution of individuals for “antisocial” behavior. Cuba knows that the much more powerful U.S. has a long history of hostility towards Cuba and has recruited some Cubans to engage in activities critical of the Cuban regime. Therefore, it arguably could be a matter of self-defense for the regime to arrest at least some of these individuals.

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[1] Robles, Ex-Judge Reveals Secrets of How Cuba Suppresses Dissent, N.Y. times (Jan. 13,   2020); 8,400 Cubans Serve Time for “Pre-Criminal Social Dangerousness,” Civil Rights Defenders (Jan. 13, 2020); In Cuba ‘the fear’ of judges threatens justice, says a lawyer, Diario de Cuba (Jan. 14, 2020); Cuba’s police state exposed:’an important blow to the regime,’ Democracy Digest (Jan. 14, 2020);  González: “Many high-ranking officials of the Cuban government are hurt by repression against dissent,” Archyde (Jan. 13, 2020). González also gave an extensive interview to ABC International, but the English translation is difficult to follow. (Gavińa, Edel González: “Many high-ranking officials of the Cuban government are hurt by repression against dissent,” ABC International (Jan. 14, 2020).)

 

 

U.N. Security Council Discusses Cameroon’s Anglophone Crisis   

On December 6, 2019, the U.N. Security Council held a meeting about the countries of Central Africa, including Cameroon. Here is an account of the U.N. Secretary-General’s report preceding that meeting and the discussion at that meeting insofar as they related to Cameroon.

Secretary-General’s Report (11/29/19)[1]

The Secretary-General stated, ”In the North-West and SouthWest Regions, violence continued to affect 1.3 million people, including over 700,000 people who were uprooted from their homes. Armed fighting and insecurity in the two regions continued to be the principal impediment to the provision of assistance and a barrier for those in need to reach areas where they could receive aid. Attacks on health infrastructure and personnel, schools, teachers, parents and children persisted. More than 855,000 children – almost 9 out of 10 – have been out of school for three years in the two regions. As of November 2019, 90 percent of public primary schools and 77 percent of public secondary schools remained closed or non-operational.”

A U.N. team recently “found that serious human rights violations and abuses, Cameroonattributed to both government security forces and armed separatists, were occurring across the two regions. [The team] received allegations of unlawful killing, rape and gang rape, torture and other forms of ill-treatment, abduction for ransom, infringement of the rights to freedom of expression and peaceful assembly, forced displacement, destruction of property and attacks on schools and medical facilities, as well as arbitrary detention. There was concern regarding impunity.”

 Comments at the Security Council Meeting (12/06/19) [2]

Francois Louncény Fall, the Head of the U.N. Regional Office for Central Africa (UNOCA) and the Secretary-General’s Special Representative for that subregion, opened the meeting by presenting the previously mentioned Secretary-General’s report.[3]

According to the summary of his remarks, he said that although Cameroon’s National Dialogue (September 30-October 4) had been productive, “the level of violence continues to threaten Cameroonian lives, . . .  citing reports of human rights violations and abuses attributable to all sides.  Humanitarian workers have also been targeted. . . . More than 700,000 people have been displaced by the conflict and thousands have been reported killed or injured, . . .  [He called] upon international partners to support national efforts to address humanitarian needs.  In the wake of the national dialogue, some of its recommendations have been implemented, including the release of some prisoners, but the swift implementation of all recommendations will be a significant step towards resolving the crisis” and contributing “significantly towards resolving the political and humanitarian crisis enveloping that country’s North‑West and South‑West regions.”  He also said that there needed to be “further discourse among all stakeholders in order to quell underlying tensions among marginalized communities.  The elections announced for 2020 will be a crucial test of democracy and the determination of national stakeholders to achieve genuine stability and socioeconomic development for all Cameroonians, he continued, urging all sides to step up their efforts to protect and promote human rights and to tackle impunity.”[4]

The Special Representative added that although Cameroon President Biya has announced legislative and municipal elections for next February, the leader of a major opposition party had declared that it would not participate in the election because of no suitable conditions for voting in the Anglophone region (the north-West and South-West Regions) while other opposition parties had reservations about the election. For this election to be successful test of democracy, there must be “genuine stability and socioeconomic development for all Cameroonians.” Therefore, “all actors on the ground [must] step up their efforts to protect and promote human rights and to tackle impunity.”

Most of the Council members, according to the summary, had very little comment about Cameroon or merely welcomed the national dialogue and urged the parties to the conflict to resolve differences through compromise. This was true for Equatorial Guinea, Dominican Republic, Russian Federation, Kuwait, Peru, Indonesia and China.

European members of the Council, however, were slightly more pointed in their remarks about Cameroon:

  • The United Kingdom representative expressed “concern over the strife in Cameroon” and said “all parties must do more to ensure humanitarian access.  He called for an end to human rights abuses, for the investigation of all incidents and for the implementation of all recommendations of the national dialogue, including those on strengthening bilingualism and engaging diaspora groups.  ‘Words need to be matched by actions,’ to prevent the situation from deteriorating, he emphasized, underlining the imperative need for the international community to support further peacebuilding efforts in Cameroon.”
  • The representative for Belgium expressed “concern over the strife in Cameroon” and said “all parties must do more to ensure humanitarian access.  He called for an end to human rights abuses, for the investigation of all incidents and for the implementation of all recommendations of the national dialogue, including those on strengthening bilingualism and engaging diaspora groups.  ‘Words need to be matched by actions,’ to prevent the situation from deteriorating, he emphasized, underlining the imperative need for the international community to support further peacebuilding efforts in Cameroon.”
  • Poland’s representative “welcomed Cameroon’s holding of a national dialogue but expressed concern over continued human rights violations in that country.  All incidents should be investigated and perpetrators held accountable.”
  • The German representative said “the deteriorating situation in Cameroon” suggested the Security council should “consider how UNOCA can contribute resolving the conflict, which has a negative impact on the entire Central Africa region.”

The most critical remarks came from U.S. Ambassador Cherith Norman Chalet. While he  expressed gratitude for  the Secretary-General’s “work in Cameroon to facilitate a peaceful resolution to the crisis in the Anglophone Northwest and Southwest Regions,” he stated the U.S.has  increasing concern over the “rapidly worsening humanitarian and human rights situations in Cameroon. Credible reports detail persistent human-rights violations, including extrajudicial killings, arbitrary and unlawful detention, and torture, all conducted with impunity.”

This, the U.S. said, has become “a humanitarian situation requiring immediate attention. Parties to the conflict limit humanitarian access, and a worsening security situation has reportedly left as much as 65 percent of the Northwest and Southwest Regions of Cameroon out of bounds to aid workers.”

Therefore, U.S. Ambassador Chalet urged, first, that the U.N.’s Regional Office for Central Africa and “our partners to take a more assertive role in resolving Cameroon’s conflict and to continue to urge both the Government of Cameroon and separatist groups to enter into open-ended dialogue without pre-conditions, [thereby] relinquishing their focus on a military solution.” Second, the “Swiss-led mediation process between the Government of Cameroon and the separatists” should go forward immediately.[5]

These critical comments by the U.S. Ambassador echoed the words and actions of the U.S. after President Biya’s speech and national dialogue when the U.S. did not applaud the speech and on October 31, 2019, suspended Cameroon’s participation in a beneficial African trade program because “the Government of Cameroon currently engages in gross violations of internationally recognized human rights., [including] extrajudicial killings, arbitrary and unlawful detention, and torture.” [6]

Conclusion

Significantly there was no Security Council resolution regarding Cameroon at this meeting, meaning there was no additional U.N. pressure for ending the persecution of the Anglophone Cameroonians.

It also should be noted that although all of these cited documents are in the public domain, there was no discussion of them in the principal U.S. media for coverage of international affairs, the New York Times and the Washington Post.

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[1] U.N. Security Council, Report of the Secretary-General: the situation in Central Africa and the activities of the United Nations Regional Office for Central Africa (Nov. 29, 2019) [Cameroon, paras. 5-7, 23, 27, 29-32, 41, 74].

[2] U.N. Security Council, Building upon Momentum from National Dialogue Can Help Cameroon Resolve Political, Humanitarian Crisis, Special Representative Tells Security Council (Dec. 6, 2019); U.S. Mission to U.N., Remarks on UNSC Briefing on UNOCA (UN Regional Office for Central Africa) (Dec. 6. 2019).

[3] According to a U.N. website, Monsieur Fall is a native of Guinea and between 2012 and 2016 served as its Minister for Foreign Affairs after serving as its Prime Minister and as Secretary-General to the Presidency.  He also held a number of Guinean ambassadorial positions, including Permanent Representative to the United Nations and representative at the Security Council. For the U.N. he was the Special Representative of the Secretary-General in Somalia, 2005-2007 and in the Central African Republic from 2007 to 2008 and as the Vice-Chairman of the Commission for the Monitoring and Evaluation of the South Sudan Peace Agreement, January to October 2016. Since November 2016 he has been the Acting Special Representative of the Secretary-General and Head of UNOCA.  Mr. Fall holds a master’s degree in international law from Conakry University in Guinea.

[4] On September 10, 2019, Cameroon President Paul Biya in a speech recognized that the country’s crisis initially was triggered by the need to preserve the Anglo-Sacon judicial and educational systems in the Anglophone regions and that the government had taken steps to meet those needs, including the establishment of the Commission for the Promotion of Bilingualism and Multi-culturalism and a decentralization process. However, a secessionist movement have fomented violence requiring the government to respond with force. Now the country will conduct a major national dialogue to find ways to address the many problems in the country. The President will offer pardon to those who voluntarily lay down their arms. This speech elicited positive reactions from the U.N. and the African Union, but skepticism from some of the country’s opposition parties. (See Potential Breakthrough in Cameroon’s Civil War?, dwkcommentaries.com (Nov. 27, 2019).)

[5] See Switzerland Mediation of Cameroon’s Anglophone Crisis, dwkcommentaries.com (Dec. 19, 2019). The Conclusion of this post referred to a December 18 report that Switzerland had abandoned this mediation, but this blogger has not found any other reference to this alleged abandonment of mediation.

[6]  U.S. Reactions to Recent Developments in Cameroon, dwkcommentaries.com (Nov. 28, 2019).

 

U.S. Urges U.N. Security Council To Reject Venezuela’s Maduro and Embrace Guaido

On January 26 the U.N. Security Council met to debate action on the crisis in Venezuela.[1]

U.S. Secretary of State Mike Pompeo, after giving examples of the despair of ordinary Venezuelans, asserted that the U.S. was there “ to urge all nations to support the democratic aspirations of the Venezuelan people as they try to free themselves from former President Maduro’s illegitimate mafia state. . . .The humanitarian situation demands action now; it demands action today.”

As a result, the U.S. “ stands with the Venezuelan people. So far, many other nations have chosen to do the same and they too have recognized the legitimate government of interim President Guaidó. The United States stands proudly with you as we stand together in support of Venezuela. You knew the Venezuelan people did not have a moment to spare.”

After criticizing China and Russia for supporting Maduro, Pompeo said, “But no regime has done more to sustain the nightmarish condition of the Venezuelan people than the regime in Havana. For years, Cuban security and intelligence thugs, invited into Venezuela by Maduro himself and those around him, have sustained this illegitimate rule. They have trained Maduro’s security and intelligence henchmen in Cuba’s own worst practices. Cuba’s interior ministry even provides a former – provides former President Maduro’s personal security. Members of this body often use their microphones here to condemn foreign interference in internal affairs. Let’s be crystal clear: the foreign power meddling in Venezuela today is Cuba. Cuba has directly made matters worse and the United States and our partners are the true friends of the Venezuelan people.” (Emphasis added.)

Elliott Abrams, the new U.S. Special Envoy for Venezuela, following Secretary Pompeo, noted that every criticism [of the U.S.] came from a country that is not democratic. And he accused Venezuela of being a “satellite” of Cuba and Russia. “This is not about foreign intervention in Venezuela,. It is not an attempt to impose a result on the Venezuelan people. Democracy never needs to be imposed. It is tyranny that has to be imposed.”

The ambassadors of Russia and China, both permanent members of the Security Council with veto power, said they considered the political and humanitarian crisis in Venezuela an internal matter and urged the United States to stop meddling. The Russian ambassador said, “If anything represents a threat to peace and security, it is the shameless and aggressive actions of the United States and their allies to oust a legitimately elected president of Venezuela.” The U.S., he said, was trying “to engineer a coup d’etat in Venezuela.”

Venezuelan Foreign Minister Jorge Arreaza then took a personal swipe at Abrams, noting that he had pleaded guilty to lying to Congress about the Reagan administration’s support for contra rebels fighting the government in Nicaragua,

UN Under Secretary-General of Political and Peacebuilding, Rosemary DiCarlo, made a logical, but unpersuasive suggestion: “We must try to help bring about a political solution that will allow the country’s citizens to enjoy peace, prosperity and all their human rights,”  This essentially reiterated the plea earlier in the week by U.N. Secretary-General, Antonio Guterres  urging all parties to “lower tensions and calling for all relevant actors to commit to inclusive and credible political dialogue. Concerned by reports of casualties in the context of demonstrations and unrest in and around the capital Caracas, the UN chief also called for a transparent and independent investigation of those incidents.

The Security Council, however, took no vote on the situation in Venezuela under the threat of vetoes by permanent members Russia and China. This was presaged by the vote to consider the Venezuela crisis: nine in favor (Belgium, Dominican Republic, France, Germany, Kuwait, Peru, Poland, United Kingdom, United States) to four against (China, Equatorial Guinea, Russian Federation, South Africa) with two abstentions (Côte d’Ivoire, Indonesia).

The next day, January 27, U.S. National Security Advisor, John Bolton, tweeted, “ “Any violence and intimidation against U.S. diplomatic personnel, Venezuela’s democratic leader, Juan Guiado (sic), or the National Assembly itself would represent a grave assault on the rule of law and will be met with a significant response,” Bolton also noted Cuba’s support for Venezuelan leader Nicolas Maduro’s paramilitary forces.

Other Commentary[2]

After the Council’s meeting, Cuba Foreign Secretary, Bruno Rodriguez, tweeted, “”I categorically reject slanderous accusations against #Cuba from the US Secretary of State in the Security Council of @ONU_es. His assault on #Venezuela constitutionality, orchestrated from Washington, will fail despite the lies.” Another of his tweets stated, “Secretary of State slanders Cuba to justify a coup against the constitutional power in #Venezuela. Washington designed, financed and managed the alleged usurpation of the Venezuelan Presidency,” The U.S. was doing so “”on the basis of unfounded accusations, false data and masking role of his Government in orchestrating that assault on regional peace. ”

In addition to the above developments,  the U.K. joined the U.S., Germany, France and Spain in backing  Guaidó. The U.K. Foreign Secretary Jeremy Hunt, said, ““After banning opposition candidates, ballot box stuffing and counting irregularities in a deeply-flawed election it is clear Nicolás Maduro is not the legitimate leader of Venezuela.”  Therefore, the U.K. would recognize Guaidó as the legitimate president unless Maduro within the next eight days called for a new election. [3]

Bret Stephens, a conservative columnist for the New York Times, claims that “every sensible observer agrees that Latin America’s once-richest country, sitting atop the world’s largest proven oil reserves, is an economic basket case, a humanitarian disaster, and a dictatorship whose demise cannot come soon enough.” Moreover, he argues, “Twenty years of socialism . . . led to the ruin of a nation.” In short, according to Stephens, “Why does socialism never work? Because, as Margaret Thatcher explained, ‘eventually you run out of other people’s money.’”[4]

All of these developments pose many questions to ponder as we go forward or backward.

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[1]  Brokaw, Pompeo confronts U.N. Security Council on Venezuela, UPI (Jan. 26, 20190; State Dep’t, [{Pompeo] Remarks at United Nations Security Council Meeting on Venezuela (Jan. 26, 2019); U.N., UN political chief  calls for dialogue to ease tensions in Venezuela; Security Council divided over path to end crisis (Jan. 26, 209); Reuters, White House Promises “Significant Response’ to Any Venezuelan Violence, N.Y. Times (Jan. 27, 2019).

[2]  Cuban Foreign Minister rejects accusation by the United States against Cuba, Granma (Jan. 26, 2019); Semple, With Spies and Other Operatives, A Nation Looms Over Venezuela’s Crisis: Cuba, N.Y. Times (Jan. 26, 2019); Baker & Wong, On Venezuela, Rubio Assumes U.S. Role of Ouster in Chief, N.Y. Times (Jan. 26, 2019); Morelio, Pompeo presses U.N. Security Council to ‘pick a side’ in Venezuela’s crisis, Wash. Post (Jan. 26, 2019).

[3] Doward, UK tells Venezuelan president: call fair election or stand down, Guardian (Jan. 26, 2019).

[4] Stephens, Yes, Venezuela Ia a Socialist Catastrophe, N.Y. Times (Jan. 25, 2019).

U.N. Security Council Discusses Cameroon’s Anglophone-Francophone Conflict

On December 13, the United Nations Security Council heard reports from two U.N. officials about various issues in the Central African Region, including the Anglophone-Francophone conflict in Cameroon. Two of the 15 Council members (the United States and the United Kingdom) expressed the strongest concern about that conflict; eight others had varying degrees of alarm (Sweden, Netherlands, France, Côte d’Ivoire, Equatorial Guinea, Poland, Kuwait and Bolivia). Only one (Russia) had hostile or skeptical remarks while four others () apparently had nothing to say on the matter. [1]

U.N. Officials’ Reports

François Louncény Fall, Special Representative of the Secretary‑General and Head of the United Nations Regional Office for Central Africa (UNOCA), expressed “concern over the situation in the north-west and south-west regions of Cameroon.” He said that “violence has not diminished and there are reports of alleged human rights violations by all sides.” Recalling his November visit to Cameroon and his meetings with key Government officials, he encouraged the national authorities to address the root causes of the crisis, including by accelerating decentralization.

Reena Ghelani, Director of the Operations and Advocacy Division in the Office for the Coordination of Humanitarian Affairs (OCHA), noted  that internal displacement has tripled in Cameroon’s south‑west and north‑west regions in the past six months and that the situation amounts to one of the fastest growing displacement crises in Africa.  Noting with great concern the deteriorating protection of civilians in those regions, she said humanitarian partners are scaling up their presence despite limited access.  However, severe underfunding has a significant impact on their ability to respond, she added, pointing out that every single humanitarian response plan in Central Africa was funded at less than the global average in 2018, Cameroon being the least funded.  Calling upon Member States for support, she stressed that the situation must change for the humanitarian response to be fully effective.

Ms. Ghelani emphasized the majority of the internally displaced Cameroonians “are hiding in dense forests, without adequate shelter and lacking food, water and basic services. Schools and markets are also disrupted and there are alarming health needs.” She also expressed “great concern [over] the deteriorating situation with respect to the protection of civilians, including reported killings, burning of homes and villages, extortion and kidnappings in the South West and North West regions [along with ]multiple attacks on schools and threats to students and teachers.”

Council Members’ Strongest Statements,of Concern About Cameroon

The two strongest statement of concern over the Anglophone-Francophone dispute at this session of the Council came from U.S. Ambassador Jonathan Cohen, the U.S. Deputy Permanent Representative to the United Nations, and U.K. Ambassador Jonathan Allen, the .U.K. Deputy Permanent Representative to the U.N.

U.S. Ambassador Cohen’s Statement

“The security and humanitarian conditions in Cameroon’s northwest and southwest regions have significantly deteriorated since the last UNOCA briefing to the Security Council in June. Violence continues to escalate, obstructing vital humanitarian aid delivery to over 430,000 IDPs [Internally Displaced Persons] and blocking health and education services to rural children.”

“October was the most violent month on record in Cameroon in recent years, and judging from anecdotal reports, we fear that November will surpass October as the bloodiest month on record. We don’t want to see that horrible trend continue again this month, December. The violence must stop now.”

“Violence between government and Anglophone separatists has resulted in killings and abductions of civilians, including a U.S. missionary who was killed on October 30. Faced with mounting insecurity, tens of thousands of Cameroonians have fled to neighboring Nigeria, as we’ve heard, while hundreds of thousands have been internally displaced and need humanitarian assistance.”

“The stakes in Cameroon are too high for this crisis to continue unaddressed. Cameroon remains an essential security partner in the fight against Boko Haram and the Islamic State in West Africa, including as a member of the Multi-National Joint Task Force. The continuing crisis threatens to detract from our mutual security objectives in the Lake Chad Basin.”

The “United States calls for an immediate and broad-based reconciliatory dialogue, without pre-conditions, between the Government of Cameroon and separatists in the Northwest and Southwest Regions. We urge all sides to forswear violence, to restore peace, and to resolve their grievances through political dialogue.”

“We note that in his inaugural address on November 6, President Biya expressed confidence that ‘there is an honorable way out in everyone’s interest.’  We encourage President Biya to make good on his commitment to accelerate the decentralization process and adopt the recommendations of the Cameroonian Commission on Bilingualism and Multiculturalism.”

“The creation of a government-led humanitarian assistance coordination center is a promising development. However, the government has done little to address concerns over its own lack of respect for humanitarian principles of neutrality and impartiality and the guarantees of unhindered access to conflict-affected populations. We urge the Government of Cameroon to prioritize respect for humanitarian principles and to ensure unobstructed access for UN agencies and humanitarian NGOs assisting conflict-affected populations.”

The ”United States believes that UNOCA – through the good offices of Special Representative Fall – could provide technical assistance and mediation support to facilitate a broad-based reconciliatory dialogue without pre-conditions. We hope that ECCAS [Economic Community of Central African States], the [African Union (AU’s] Peace and Security Council, and the AU Commission will enhance their efforts to support the peace process, and we encourage them to coordinate with UNOCA in this effort.”

“A peaceful and stable Cameroon is critical to regional stability in Central Africa and both deserves and requires the continued and close attention of this Council. As noted by our Assistant Secretary of State for African Affairs last week, the last thing we need, given the challenges in the region, is for a disproportionate response by security forces to result in the growing radicalization and hardening of separatist groups.”[2]

U.K. Ambassador Allen’s Statement

The “United Kingdom recognises the many positive contributions Cameroon is making to stability in the region, including their continued commitment to the fight against Boko Haram and the sanctuary that Cameroon offers to refugees from Nigeria and the Central African Republic. However, we are concerned by the reality of the rapidly deteriorating security and humanitarian situation in the Northwest and Southwest regions of Cameroon.”

“In particular, we are concerned about high levels of displacement and take very seriously Reena Ghelani’s warning that this is now one of the fastest growing displacement crises in Africa and reports of human rights violations and abuses perpetrated by armed separatist groups and Government forces, including extra-judicial killings, other killings, abductions, restrictions of movement and access to health and education as described in the Secretary-General’s report. We must always be alert, colleagues, to the risk that the situation escalates, affecting the broader peace and stability of the Central African region, and we have already seen over 30,000 Cameroonians flee into Nigeria. If grievances are not addressed, tensions are likely to increase further.”

“[These] concerns are not new – I raised them in the Council’s discussions in March, as did others. Unfortunately, we have not seen the action needed to address the situation and since March, it has deteriorated further.”

  • “We welcome President Biya’s recent pledge to address the situation but words alone will not improve things. We strongly urge the Government of Cameroon to take urgent action, including by:actively addressing the situation through inclusive dialogue with the Anglophone leadership to address the underlying issues;
  • undertaking confidence-building measures in order to diffuse tensions and build conditions for dialogue. This includes the release of political detainees, and implementing the Government’s own commitments on decentralisation, and the recommendations of the Commission on Bilingualism;
  • allowing full humanitarian access and access to human rights monitors to all parts of the country – and I would also hope and expect that our own SRSG would have access wherever he wanted to go; and
  • ensuring accountability for all those responsible for human rights violations and abuses.”

“And clearly . . . we also call on the armed groups involved to cease their attacks on civilians, allow full humanitarian access, and access to human rights monitors, and to engage with the Government on these issues.”

“The UK, for its part, is committed to supporting Cameroon and I am pleased to announce today that the United Kingdom is contributing $3.1 million to the UN’s response in the Anglophone regions – that’s equivalent to 20% of this year’s flash appeal for the Anglophone crisis – to address immediate humanitarian and medical needs. We strongly encourage other Member States to fund this as an important part of the conflict prevention effort. Preventing a crisis costs significantly less than resolving one.”

“[We] have raised our concerns quietly so far and directly with the Government and we are committed to working with the Government of Cameroon in every way we can to help resolve this situation. But I fear, unless action is taken and the situation improves, concern over the situation in Cameroon is likely to increase amongst Security Council Members and become a more prominent part of our discussions.

Other Council Members’ Statements of Concern About the Cameroon Conflict

Olof Skoog (Sweden) “deplored the acute humanitarian situation [in Cameroon] and the massive displacement in the north‑west and south‑west regions, noting reports of abductions and extrajudicial killings.  The crisis may drive regional instability, affecting the fight against terrorism in the Lake Chad Basin and peace-building in the Central African Republic, he warned, urging all parties to end the violence immediately.  He encouraged the Government of Cameroon to seek support from the United Nations and regional actors.

Lise Gregoire Van Haaren (Netherlands) noted that indiscriminate violence by the army and armed groups in Cameroon has displaced more than 437,000 people and risks spilling over into the wider region.  Expressing support for the country’s territorial integrity, she called upon the Government of Cameroon to begin meaningful, inclusive dialogue with all parties, including female representatives.  Human rights violations by all parties must be investigated and perpetrators held to account, she emphasized.

Anne Gueguen (France) expressed alarm at the situation in parts of Cameroon and pledged further efforts to encourage the Government to foster dialogue, decentralize power and hold violators of human rights accountable.  However, the U.N. summary did not indicate any comments by France directed at the actions of the Francophone majority in Cameroon.

Kacou Houadja Lkéon Adom (Côte d’Ivoire, a former French colony)), Council President for December, discussed the threat of Boko Haram and its devastating repercussions, especially for children and women in Cameroon, Chad and Niger. He apparently said nothing about the Anglophone-Francophone conflict.

Anatolio Ndong Mba (Equatorial Guinea) appealed for greater international support for dialogue and political stability in neighboring Cameroon.

Pawel Radomski (Poland) called upon the authorities in Cameroon to engage mediation efforts and resolve the crisis in its western region.

Mansour Ayyad Sh. A. Alotaibi (Kuwait) expressed concern about the deteriorating humanitarian situation in Cameroon.

Verónica Cordova Soria (Bolivia) affirmed [Cameroon] Government’s primary role in tackling challenges through inclusive dialogue.

Russia’s Negative Statement About Cameroon’s Conflict

Dimitry A. Polyanskiy (Russian Federation) said the available information with respect to Cameroon was “contradictory, emphasizing that the Council must not take any hasty decisions.  Citing concerns over rights violations in that country, he expressed hope that ‘London and Washington will adopt equally principled positions on the rights of Russian speakers in the Balkans and Ukraine.’ Underlining the importance of not breaching the line between prevention and intervention, he expressed his country’s willingness to offer assistance if Cameroon deems it necessary.

.Conclusion

 It is important to remember that at this session there was no resolution for any U.N. action to be taken regarding Cameroon.

Was it mere happenstance or an attempt to counter some of the talk at the Security Council that on the same day, December 13, the Cameroon government announced that it had ordered the country’s military tribunal to stop legal proceedings against 289 people who had been accused of taking part in the separatist movement? The announcement said that President Biya “had listened to the people” in making this decision to “maintain the country as a peace heaven.” [3]

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[1] U.N., Special Representative  Stresses Need for New Strategies to Tackle root Causes of Insurgency, as Security Council Considers  Situation in Central Africa (Dec. 13, 2018); U.S. Mission to U.N., Remarks at a UN Security Council Briefing on the Central African Region (Dec. 13, 2018); U.K. Mission to U.N., Preventing further conflict in Cameroon and the Lake Chad Basin (Dec. 13, 2018); Assoc. Press, US Demands Immediate End to Violence, Talks in Cameroon, N.Y. Times (Dec. 13, 2018).

[2] See U.S. Warns Cameroon Internal Conflict Could Get Much Worse, dwkcommentaries.com (Dec. 8, 2018).

[3] Assoc. Press, Cameroon Leader Halts Cases Against 289  Alleged Separatists, N.Y. Times (Dec. 13, 2018).

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

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

Comments About Venezuela[1]

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

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

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

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

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

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

 Draft Resolution on the Situation in Venezuela[2]

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

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

Comments About Cuba[3]

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

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

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

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

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

Conclusion

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

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

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

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

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

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

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

Advance Questions for Cuba in Its Universal Periodic Review by the U.N. Human Rights Council

As summarized in a previous post, Cuba’s human rights record is now undergoing its third Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. That post also discussed Cuba’s national report, submissions by stakeholders (NGO’s and others), a summary of U.N. information about Cuba and information about a pre-session hearing. Now we look at the questions submitted to Cuba in advance of the Council’s hearing on May 16 and an unusual criticism of Cuba by the U.N. High Commissioner for Human Rights along with additional background information about the Council and the UPR.

Advance Questions for Cuba[1]

 The following advance questions were submitted by other Council members:

Member Questions
Belgium 1. When does the Cuban government plan to ratify human rights conventions to which it is not yet party?

2. Does Cuba plan to extend an open invitation to the special procedures of the Human Rights Council?

3. Will Cuba respond favorably to requests for visits by the Special Rapporteurs on Human Rights Defenders and Freedom of Expression, which have been pending since 2015 and 2016?

4. Does Cuba now guarantee access to independent lawyers to all persons deprived of their liberty?

5. What concrete actions has Cuba taken to release persons deprived of their liberty for political reasons.?

Brazil 1.How does Cuba guarantee the rights of the LGBTI?

2.How does Cuba ensure the independence and impartiality of the judiciary?

Germany 1.Does Cuba plan to ratify the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights?

2.What will Cuba do to enable independent journalism?

3.Identify blogs and websites currently blocked and the reasons for same.

4.Will Cuba abolish travel restrictions for persons on parole or for those in certain professions, including the medical sector?

5.Will Cuba establish an independent national human rights institution?

Liechtenstein 1.Will Cuba ratify the Rome Statute for the International Criminal Court in its 2010 version?

2.Will Cuba join the Code of Conduct for U.N. Security Council action against genocide, crimes against humanity or war crimes?

Malta 1.What steps has Cuba taken to increase the effectiveness of control by the people of the activities of States bodies, elected representatives and civil servants.?
Portugal 1.How does Cuba coordinate the implementation of UPR recommendations that it accepts?

2.How does Cuba coordinate the implementation of recommendations/observations by U.N. human-rights Treaty bodies and Special Procedures and by regional mechanisms?

Slovenia 1.Provide more information on how non-governmental organizations operate in Cuba and details on any consultation process with them.
Spain 1. Is Cuba reforming its Law on Associations and the Electoral Law to promote a higher level of inclusion and social participation?

2. Which multilateral instruments on Human Rights does Cuba plan to sign and/or ratify?

Sweden 1.Provide more information on Cuba’s prevention of trafficking in persons.

2.Provide more information on Cuba’s effort to improve internet access.

3.Has Cuba denied exit visas for human rights defenders and ndependent civil society members?

4.How will Cuba secure free and unrestricted travel for all of its citizens?

Switzerland 1.What did Cuba do to guarantee free and open participation of all citizens in its last election?

2.How many Cuban citizens were candidates in the election “without being a member of an officially recognized Cuban institution [e.g. Communist Party]?

3.Is Cuba broadening the list of legal private businesses (cuentapropistas)? Is Cuba reviewing the definition of cuentapropistas to include self-declared human rights organizations, independent journalists and bloggers and community-based organizations?

4.Will Cuba amend its constitution to eliminate the subordination of the Supreme court to the National Assembly and to the Council of Ministers?

5.How is the Cuban Criminal Code’s concept of “pre-criminal social dangerousness” interpreted?

6.How do families have transparent and open information about a family member who is a temporarily detained as an alleged criminal?

United Kingdom 1.Will Cuba allow the development of independent political parties, including their legal registration and participation in future elections?

2.How does Cuba ensure that all Cubans are able to participate fully in political and electoral processes?

3.Will Cuba end laws and policies that apparently give primacy to the principle of national unity?

4.Will Cuba move towards international independent verification of the condition of its prisons and detention facilities?

5.Will Cuba bring its laws into compliance with international human rights standards on freedom of expression, association and assembly?

U.S.A. 1. Will Cuba ensure that members of the political opposition, including independent candidates, can participate freely and without threats?

2. When will Cuba allow members of Ladies in White and all other citizens to exercise their rights to peaceful assembly and freedom of expression, religion and association?

3. How does Cuba ensure that those responsible for violations and abuses of human rights and labor rights (including members of the police, military and security services) are investigated and held responsible?

4. Will Cuba respect the rights of peaceful assembly and freedoms of assembly, expression and association of members of the Independent Union Association of Cuba and all other workers and representatives?

5. How is Cuba promoting access to information and access to an Internet that is open, interoperable, reliable,  secure and affordable to its citizens?

 

U.N. High Commissioner’s Criticism of Cuba[2]

At a May 11 press briefing, a spokeswoman for the U.N. High Commissioner for Human Rights released statements of concerns about human rights in Cuba and four other countries. Here is what was said about Cuba:

“There are deeply worrying reports that officials in Cuba have prevented a number of human rights defenders and civil society representatives from boarding flights to travel to meetings abroad on the pretext of requiring more detailed identity checks. These measures have resulted in passengers missing their flights and therefore the meetings, which in some cases were organised by a UN entity.”

“So far this year, the UN Human Rights Office has received direct information relating to 14 cases of Cubans being told by officials that the computer system required extra screening. We are also aware of reports that dozens of other people may have been stopped in this way from travelling, allegedly with no explanation by the Cuban authorities as to why they were held up nor on whose orders”

“These cases suggest that these additional checks are being used deliberately as a form of intimidation, pressure and harassment against certain individuals. Civil society organizations have also told us that they were informed verbally by the authorities that their representatives would not be allowed to leave the island before June.”

“We have previously expressed our concern at the harassment and intimidation of human rights defenders in Cuba, including the arbitrary arrest and short-term detention of individuals, particularly before, during and just after demonstrations. “

“We call on the Cuban authorities to respect everyone’s right to freedom of expression and to freedom of movement, and to ensure that human rights defenders and civil society representatives are not unjustifiably prevented from travelling, including those planning to attend UN meetings, in particular the Universal Periodic Review of Cuba on 16 May in Geneva.”

“Article 13 of the Universal Declaration of Human Rights states that, ‘everyone has the right to leave any country, including his own, and to return to his country.”’Article 19 of the Universal Declaration states that ‘everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’”

“The UN Secretary-General presents an annual report to the Human Rights Council on intimidation and reprisals, and in October 2016 the Assistant Secretary-General for Human Rights, Andrew Gilmour, was designated to lead the monitoring and response to reprisals for cooperation or intimidation, including that which aims to discourage or prevent future co-operation with the UN system. Cuba was among the countries named in the last two reports.”

“The UN Human Rights Office will continue to monitor such cases to ascertain whether they merit inclusion in the next report.”

U.N. Human Rights Council Membership[3]

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

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

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

The current members include Cuba and the United States, both of whose terms expire on December 31, 2019, while Venezuela is also a member with its term expiring on December 31, 2018.

Council’s UPR Working Group for Cuba’s UPR[4]

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

Each State’s review is assisted by a groups of three States, known as a “troika,” who serve as rapporteurs. The selection of the troikas for each State is done through a drawing of lots following elections for the Council membership in the General Assembly

For Cuba’s third UPR the Troika members are Egypt, Nepal and Peru.

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

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

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[1] U.N. Hum. Rts. Council, Advance Questions for Cuba (First Batch); U.N. Hum. Rts. Council, Advance Questions for Cuba (Second Batch); Hum. Rts. Council, Advance Questions for Cuba (Third Batch).

[2] U.N. High Comm. Hum. Rts., Press briefing note on Yemen, Cambodia, Cuba, Nicaragua and Montenegro (May 11, 2018); The UN denounces the blockade of the Cuban regime on the departure of human rights defenders, Diario de Cuba (May 11, 2018).

[3] U.N. Hum. Rts. Council, Background on Council Membership; U.N. Hum. Rts. Council, Current Council Members.

[4] U.N. Hum. Rts. Council, Basic facts about the UPR; U.N. Hum. Rts. Council, List of Troikas (20th Session).

 

 

 

 

 

Developments Regarding the Summit of the Americas 

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

U.S. Developments[1]

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

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

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

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

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

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

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

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

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

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

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

Cuba Developments[2]

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

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

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

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

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