U.S. Commission on Unalienable Rights Is Denounced by Large Group of Human Rights Organizations and Activists

On July 23, the U.S. Commission on Unalienable Rights was denounced in a letter from 179 organizations representing a broad range of American and international civil society along with 251 former senior government officials, faith-based leaders, scholars, educators and advocates.[1]

The Letter

The letter began by expressing their “deep concern” with the Commission and by objecting to its “stated purpose, which we find harmful to the global effort to protect the rights of all people and a waste of resources; the Commission’s make-up, which lacks ideological diversity and appears to reflect a clear interest in limiting human rights, including the rights of women and LGBTQI; and the process by which the Commission came into being and is being administered, which has sidelined human rights experts in the State Department’s own Bureau of Democracy, Human Rights and Labor.”

These concerns, the letter said, were inconsistent with the Secretary’s own affirmance “of the importance of the 1948 Universal Declaration of Human Rights . . . . [and by his saying] the language of human rights has become the common vernacular for discussions of human freedom and dignity all around the world, and these are truly great achievements.” Indeed, the letter commented, “the story of the international human rights movement is one of the deepened recognition and protective reach of rights based on the painstaking work of social movements, scholars, and diplomats, through international agreements and law.”

“Given this history, we view with great misgiving . . .[the Commission] aimed expressly at circumscribing rights through an artificial sorting of those that are ‘unalienable’ and those to be now deemed ‘ad hoc.’ These terms simply have no place in human rights discourse. It is a fundamental tenet of human rights that all rights are universal and equal. Governments cannot take or discard them as they choose. Like other governments, the U.S. government is bound to certain obligations codified in widely ratified international treaties. . . . [The Commission] is a waste of time and energy better spent on actual human rights issues. More ominously, the reference to ‘ad hoc’ rights resembles language used by autocratic and dictatorial governments, which frequently speak in terms of a hierarchy of rights.”

The letter’s signatories also are “dismayed by the well-documented views of a significant majority of the Commission’s 10 members. . . . Almost all of . . . [its] members have focused their professional lives and scholarship on questions of religious freedom, and some have sought to elevate it above other fundamental rights. . . . No Commissioner focuses nearly as exclusively on any other issue of pressing concern. . . .”

“Moreover, the commission’s chair and members are overwhelmingly clergy or scholars known for extreme positions opposing LGBTQI and reproductive rights, and some have taken public stances in support of indefensible human rights violations. . . .”

Therefore, this letter urged the Secretary “to immediately disband this body, and to focus your personal attention on the significant challenges facing the protection of human rights globally.”

Comments by Letter’s Organizer

Upon the release of this letter, its organizer, Rob Berschinski, the Senior Vice President, Policy of Human Rights First, stated:

  • “There’s a reason that Secretary Pompeo purposefully avoided engaging the State Department’s human rights experts in establishing the Commission on Unalienable Rights and selecting its members. There is no world in which the Commission benefits the cause of human rights, though in all likelihood it will provide ample fodder for bigotry. Given the views of the majority of the commissioners, the Commission should be seen for what it is: an attempt to rationalize a caste system of rights to exclude LGBTQ people and those in need of family planning.”
  • “For decades, dictators have spoken about ‘clarifying’ and ‘prioritizing’ certain rights in order to justify their actions. In order to defend this highly misguided effort, the Secretary of State is adopting similar rhetoric. His aims may be different, but the effect will be the same on marginalized people. If Secretary Pompeo really wanted to support human rights, he’d have a hard talk with President Trump and stop defending autocrats from Saudi Arabia to Hungary. Instead, he’s wasting staff time and taxpayer dollars in an attempt to generate intellectual cover for his ideologically regressive agenda.”

Conclusion

This blog shares many of the concerns in this letter as set forth in many previous posts about this Commission.

However, this letter’s allegations about the opinions and positions of some of the Commission’s members are not documented and, therefore, cannot be accepted at face value. In addition, the letter’s call for an immediate disbanding of this body is totally unrealistic.

Nevertheless, given the large number of prominent human rights organizations and individuals who are signatories to this letter, it is an important development on a serious, important issue involving the U.S. Therefore, it is shocking that research has not disclosed any discussions of this letter by prominent U.S. news media.

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[1] Letter, human rights first to Secretary of State Michael Pompeo (July 23, 2019); Human Rights First Press Release, Diverse Coalition Calls for Disbanding State Department Commission on Unalienable Human Rights (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).

 

Realpolitik Analysis of U.S. Ministerial To Advance Religious Liberty and U.S. Commission on Unalienable Rights       

Walter Russell Mead, the Wall Street Journal’s Global View columnist, sees a realpolitik rationale for the Trump Administration’s embrace of its concept of human rights in the U.S. Second Ministerial To Advance Religious Freedom, the U.S.  International Religious Freedom Alliance and the U.S. Commission on Unalienable Rights.[1]

According to Mead, the Administration believes, these human rights initiatives, help “to unify its populist and conservative supporters in the U.S. even as it builds a coalition against Chinese overreach in Asia and beyond.”

“The fight for religious freedom integrates foreign and domestic concerns for many of Mr. Trump’s Christian supporters, who face aggressive secularism in the U.S. and follow closely the persecution of Christians abroad. Even American Christians concerned about [alleged] “creeping Shariah” and other alleged consequences of Muslim immigration to Western countries rally to the cause of religious liberty as a global value.”

By “highlighting China’s increasingly totalitarian policies, . . . the U.S. [shows that it] is doing more than Iran, Turkey or Pakistan to support oppressed Muslims in China [and that] does not go unnoticed in the Muslim world.”

In addition to his role as the Journal’s Global Views columnist, Mead is the James Clarke Chace Professor of Foreign Affairs and the Humanities at Bard College and a Distinguished Fellow in American Strategy and Statesmanship at the Hudson Institute.

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[1]  Mead, Trump’s Hesitant Embrace of Human Rights, W.S.J. (July 22, 2109). This blog recently has published many posts about the Ministerial To Advance Religious Freedom and the Commission on Unalienable Rights.

 

U.S. State Department Unfairly Criticizes Cuban Religious Freedom

The State Department’s recent 2018 Report on International Religious Freedom, while not characterizing Cuba as a Country of Particular Interest or placing it on the Special Watch List, for the worst violators of religious freedom, nonetheless did have harsh words for the island.[1]

Cuban Religious Demography

Keep in mind that although “there is no independent, authoritative source on the overall size or composition of [Cuban] religious groups,” the report uses the following estimates of the sizes of different religious groups:

Category Denominations/Groups Number
Christian Roman Catholic (lower estimate, 6,660,0000) 7,700,000
Protestant:
Assemblies of God    150,000
Baptists    100,000
Jehovah’s’ Witnesses      96,000
Methodists      50,000
Seventh-day Adventists      35,000
Presbyterians      25,000
Anglicans      22,500
Episcopalians        6,000
Apostolic Movement        4,000
Quakers        1,000
Moravians           750
Church of Jesus Christ of Latter-Day Saints           150
Other        8,250
Protestant Subtotal    555,000
Christianity Subtotal 8,255,000
Jewish         1,200
Muslims         3,000
Non-religious  2,840,800
TOTAL 11,096,000

In addition, the Report said, “Many individuals, particularly those of African descent, practice religions with roots in West Africa and the Congo River Basisn, known collectively as Santaria. These religious practices are commonly intermingled with Catholicism, and some require Catholic baptism for full initiation, making it difficult to estimate their total membership.”

The large numbers of different religious groups and of their estimated memberships, in and of themselves, tend to show religious freedom.

U.S. Report’s Executive Summary

“The constitution provides for freedom of conscience and religion and prohibits discrimination based on religion; however, the Cuban Communist Party, through its Office of Religious Affairs (ORA) and the government’s Ministry of Justice (MOJ), continued to control most aspects of religious life.  Observers said the government continued to use threats, international and domestic travel restrictions, detentions, and violence against some religious leaders and their followers, and restricted the rights of prisoners to practice religion freely.  Media and religious leaders said the government continued to harass or detain members of religious groups advocating for greater religious and political freedom. . . . [The Communist Party’s  Office of Religious Affairs and the Ministry of Justice] continued to use the law on associations to deny official registration to certain religious groups, such as a number of Apostolic churches, or failed to respond to long-pending applications, such as those for the Jehovah’s Witnesses and The Church of Jesus Christ of Latter-day Saints.. . . Human rights advocacy organization Christian Solidarity Worldwide (CSW) reported government harassment of religious leaders increased “significantly in parallel with” the churches’ outspokenness regarding the draft constitution.  According to CSW, some religious groups said the government increased its scrutiny of foreign religious workers’ visa applications and visits.  Some religious groups reported an increase in the ability of their members to conduct charitable and educational projects.  According to the religious advocacy group EchoCuba and CSW, the government gave preference to some religious groups and discriminated against others.”

 U.S. Report’s Methodology

This report purportedly adheres to the Department’s ’guiding principle’ of trying “to ensure that all relevant information is presented as objectively, thoroughly, and fairly as possible” and not attempting “to verify independently all information contained in the reports.” (Emphasis added.) But each of  its various paragraphs invariably start with the allegations of violations of this freedom followed by contradictory information. This structure thereby implicitly and improperly gives greater credence to the allegations.[2]

Another legitimate criticism of this country report is its failure to consider the island’s relatively poor economic circumstances, especially with the implosion of Venezuela, which has been the island’s principal ally and financial backer, and the report’s implicitly using as its gauge of propriety the status of churches in the prosperous U.S.

The report on Cuba also fails to acknowledge that the U.S. has had and continues to have various surreptitious programs seeking to undermine the Cuban government, which, therefore, has reasonable grounds to be suspicious of some supposedly religious ventures from the U.S.

Sources of Information

Moreover, most of the adverse allegations come from only two sources: Christianity Solidarity Worldwide (CSW) with headquarters in London and EchoCuba based in Miami, Florida without setting forth any analysis of the credibility of those organizations.

CSW’s website says its “vision is a world free from religious persecution, where everyone can practice a religion or belief of their choice” and that it has a “team of specialist advocates [who] work on over 20 countries across Africa, Asia, Latin America and the Middle East, to ensure that the right to freedom of religion or belief is upheld and protected.” https://www.csw.org.uk/about.htm Another page of the website describes various religious events on the island.

CSW was started in 1977 by Merwyn Thomas, who might have been a Roman Catholic priest and math teacher at Holy Cross College at Notre Dame, Indiana.[3]

EchoCuba, which was founded in 1994 or 1995 and is based in Miami, Florida says that it is “dedicated to strengthening the Cuban church and helping coordinate mission and social efforts from the United States in Cuba. It began as an organization dedicated to supporting the growth of the independent Christian church in Cuba in 1994, by supplying them with medical and humanitarian assistance.” But very little information about the group was uncovered on its own website or through Internet research.

On the other hand, the U.S. report only made the following reference to the Cuban Council of Churches (CIC): “Embassy officials met with the head of the Council of Cuban Churches, a government-registered organization with close ties to the government composed mostly of Protestant groups and associated with the World Council of Churches, to discuss its operations and programs.” (Exec. Summary.)

This, in this blogger’s judgment, is a major flaw in the U.S. report as the CIC was founded in 1941 and describes itself as “an ecumenical fellowship of churches and other Cuban Christian institutions, which confess the Lord Jesus Christ as God and Savior, in accordance with the Scriptures and seek to realize their common vocation for the Glory of God the Father, Son and Holy Spirit. The CIC promotes spaces for encounter, celebration, reflection, formation and joint actions of the churches and other Christian institutions, for the service to our people, as a visible expression of the ecumenism to which we are called by God in Jesus Christ.” Today the CIC’s membership includes 28 denominations, 10 fraternal associations and 14 ecumenical movements and centers.[4]

Relevant here is the subsequent statement (on or about July 17, 2019) by the CIC in response to the recent announced intent to create the Evangelical Alliance of Cuban Churches by the Cuban evangelical churches that are not members of the CIC:[5]

We want to reiterate to our people and their churches that the . . . [CIC], as it affirms in its Constitution, works under its motto “United to Serve “which states:

  • “We are a fellowship of churches, ecumenical movements and other Christian institutions that confess the Lord Jesus Christ as Son of God and Savior, according to the Scriptures of the Old and New Testaments, and seek to realize their common vocation, the glory of God: Father, Son and Holy Spirit. “
  • “Our mission is to provide spaces for meeting, celebration, reflection and formation of churches, ecumenical movements and other Christian institutions, as a visible expression of the unity to which God calls us in Jesus Christ, in the service of our people.”
  • “Encouraging the study, consultation and different areas of service in accordance with its purposes and functions; the cooperation of Christians in order to strengthen fraternal relations; enrich Christian life and witness; develop a sense of social responsibility and encourage participation in tasks of common interest for the evangelizing mission of the Church. “
  • “The Council, without authority over its members to determine issues of doctrine, government or worship, could be a mediating instance, provided that peace and goodness of the Body of Christ is sought, based on the best testimony to the world: the unity of the believers. “

“Therefore, it is not for the [CIC], to rule on doctrinal issues that have been put on the public stage, nor to represent on this or any other issue, before the Cuban people and its authorities, the churches and organizations , members or not.”

“In Cuba all denominations enjoy religious freedom and are equal before the law, therefore each church or religious organization establishes the relations it deems with the authorities, and gives testimony before them and the Cuban people as understood from their understanding of the Faith.” (Emphasis added.)

“The Council of Churches, in adherence to the values ​​that its Constitution proclaims and in its vocation of service, has carried out mediating efforts since its foundation. And it has done so by sovereign decision of its members, from its governing bodies, without supplanting it, any rights of others.”

“On the contrary, in most cases, these efforts have benefited not only the churches and member organizations of the CIC, and in some, all the religious denominations and their practitioners on the island. Suffice it to mention the import and distribution of Bibles, and in the early 90s, their decisive contribution in the cessation of all forms of religious discrimination in Cuba.”

“God calls for unity in Christ our Lord, to serve and bear witness to the Gospel. Since its foundation 78 years ago, the . . . [CIC] has shown its fidelity to this call. Our fidelity is only to Jesus Christ, our Lord. There is no other Lord, neither here in our beloved Homeland, nor outside it, to which we MUST serve and adore.”

“The . . . [CIC] reaffirms its commitment to continue working for the unity of the churches. Serving the people and the nation, seeking together and together the paths of peace, faith and hope, the dignity of the people and the care of Creation, that help us to build and live the signs of the Kingdom of God: equality and love for all and all in the midst of our beloved country.”

Conclusion

For approximately the last 17 years, my Minneapolis church—Westminster Presbyterian Church—has had a partnership with a Presbyterian-Reformed Church in Matanzas, Cuba on the north shore of the island east of Havana, and I have been on three mission trips to Cuba to visit this and other Presbyterian-Reformed churches on the island. In Havana I have visited Ebenezer Baptist Church and its Martin Luther King, Jr. Center and the offices of the CIC as well as the Seminario Evangélico de Teologia in Matanzas. As a result, I have gotten to know pastors and members of these churches and other religious institutions and have had the honor and pleasure to welcome some of them to my church in Minneapolis. On one of my trips, the Westminster group delivered a CD-ROM edition of the Talmud from our friends at Minneapolis’ Temple Israel to a scholar at the main synagogue in Havana, and on another trip we delivered an icon from Minneapolis’ St. Mary’s Greek Orthodox Church to the new Greek Orthodox Cathedral in Havana. I also have read about religion in Cuba and many of the essays by a Presbyterian-Reformed pastor, Rev. Sergio Arce, as reflected in my blog posts on the subject.

Therefore, I can testify from personal knowledge that despite limited financial and other resources, there is significant religious freedom on the island. In other words, the State Department’s recent report on religious freedom in Cuba paints an erroneous picture.[6]

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[1] State Dep’t, 2018 Report on International Religious Freedom: Cuba (June 21, 2019).

[2] State Dep’t, 2018 Report on International Religious Freedom (“Overview and Acknowledgements”) (June 21, 2019).

[3] Christian Solidarity Worldwide, Wikipedia.

[4] World Council of Churches, Cuban Council of Churches; Cuban Council of Churches (Consejo de Iglesias), About us.

[5] Council of Churches of Cuba, United To Serve (July 2019); The official Council of Churches declares its attachment to the new Constitution and defends that there is ‘religious freedom’ in Cuba, Diario de Cuba (July 17, 2019).

[6] See the following posts to dwkcommentaries.com: The Cuban Revolution and Religion (Dec. 30, 2011); U.S. Government’s Opinions on Religious Freedom in Cuba (Jan. 5, 2012); Cuban Religious Freedom According to the U.S. Commission on Assistance to a Free Cuba (Jan. 8, 2012); Cuban Protestant Leader: Cuban Religious Freedom (Apr. 4, 2012); Cuban Religious Freedom According to the Latest U.S. Report on International Religious Freedom (Aug. 3, 2012); Cuban Religious Freedom (U.S. State Department’s Report) (May 25, 2013); Cuban Religious Freedom (U.S. Commission on International Religious Freedom) (May 27, 2013); Other Voices on Cuban Religious Freedom (June 19, 2013);  U.S. State Department’s Latest Report on Cuban Human Rights (Mar. 7, 2014); Other Details about Congressional Briefing by Cuban Religious Leaders Mar. 7, 2014); Presbyterian Church (U.S.A.) Takes Actions Regarding Cuba (June 26, 2014); Cuban Government Meets with Religious Leaders (Nov. 19, 2014); Praise God for Leading U.S. and Cuba to Reconciliation (Dec. 22, 2014); The First Day of Pope Francis’ Mission to the Cuban People (Sept. 21, 2015); The Second Day of Pope Francis’ Mission to the Cuban People (Sept. 22, 2015); The Third Day of Pope Francis’ Mission to the Cuban People (Sept. 25, 2015); The Fourth Day of Pope Francis’ Mission to the Cuban People (Sept. 26, 2015); A Protestant Christian’s Reaction to Pope Francis’ Missions to the Cuban and American People (Oct. 26, 2015); U.S. State Department Statement on Cuban Religious Freedom (July 28, 2016); Cuban Religious Freedom in the Eyes of the U.S. Commission on International Religious Freedom (May 28, 2018); Cuban Religious Freedom in the Eyes of the U.S. State Department (May 29, 2018).

 

 

 

 

 

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

In July 2018, the U.S. State Department held the first ever Ministerial To Advance Religious Freedom.[1] At the event’s conclusion, the State Department issued various documents that are discussed below.

The Potomac Declaration [2]

After quoting Article 18 regarding religious freedom of the Universal Declaration of Human Rights that was adopted by the U.N. General Assembly in 1948, the Potomac Declaration asserted, “This right is under attack all around the world. Almost 80 percent of the global population reportedly experience severe limitations on this right. Persecution, repression, and discrimination on the basis of religion, belief, or non-belief are a daily reality for too many. It is time to address these challenges directly.” Therefore, the Chairman of the Ministerial (Secretary Pompeo) declared: the following:

  • “Every person everywhere has the right to freedom of thought, conscience, and religion. Every person has the right to hold any faith or belief, or none at all, and enjoys the freedom to change faith.
  • Religious freedom is universal and inalienable, and states must respect and protect this human right.
  • A person’s conscience is inviolable. The right to freedom of conscience, as set out in international human rights instruments, lies at the heart of religious freedom.
  • Persons are equal based on their shared humanity. There should be no discrimination on account of a person’s religion or belief. Everyone is entitled to equal protection under the law regardless of religious affiliation or lack thereof. Citizenship or the exercise of human rights and fundamental freedoms should not depend on religious identification or heritage.
  • Coercion aimed at forcing a person to adopt a certain religion is inconsistent with and a violation of the right to religious freedom. The threat of physical force or penal sanctions to compel believers or non-believers to adopt different beliefs, to recant their faith, or to reveal their faith is entirely at odds with freedom of religion.
  • Religious freedom applies to all individuals as right-holders. Believers can exercise this right alone or in community with others, and in public or private. While religions do not have human rights themselves, religious communities and their institutions benefit through the human rights enjoyed by their individual members.
  • Persons who belong to faith communities and non-believers alike have the right to participate freely in the public discourse of their respective societies. A state’s establishment of an official religion or traditional faith should not impair religious freedom or foster discrimination towards adherents of other religions or non-believers.
  • The active enjoyment of freedom of religion or belief encompasses many manifestations and a broad range of practices. These can include worship, observance, prayer, practice, teaching, and other activities.
  • Parents and legal guardians have the liberty to ensure the religious and moral education of their children in conformity with their own convictions.
  • Religion plays an important role in humanity’s common history and in societies today. The cultural heritage sites and objects important for past, present, and future religious practices should be preserved and treated with respect.”

The Potomac Plan of Action [3]

The lengthier Plan of Action also was issued by the Chairman of the Ministerial. It states as follows:

Defending the Human Right of Freedom of Religion or Belief

States should increase collective advocacy and coordination to promote and protect religious freedom and to counter the persecution of individuals because of religion or belief. In that spirit, states should work to:

  • Condemn strongly acts of discrimination and violence in the name of or against a particular religion or lack thereof and press for immediate accountability for those responsible for such violence, including state and non-state actors.
  • Protect members of religious communities, dissenting members, and non-believers from threats to their freedom, safety, livelihood, and security on account of their beliefs.
  • Respect the liberty of parents to provide their children religious and moral education in conformity with their own conscience and convictions and to ensure members of religious minority communities and non-believers are not forcibly indoctrinated into other faiths.
  • Protect the ability of religious adherents, institutions, and organizations to produce in quantities they desire religious publications and materials, as well as to import and disseminate such materials.
  • Increase international understanding of how suppression of religious freedom can contribute to violent extremism, sectarianism, conflict, insecurity, and instability.
  • Ensure false accusations of “extremism” are not used as a pretext to suppress the freedom of individuals to express their religious beliefs and to practice their faith, or otherwise limit freedoms of peaceful assembly and association.
  • Eliminate restrictions unduly limiting the ability of believers and non-believers to manifest their faith or beliefs in observance and practice, either alone or in community with others, through peaceful assembly, worship, observance, prayer, practice, teaching, and other activities.
  • Speak out bilaterally, as well as through multilateral fora, against violations or abuses of the right to freedom of religion or belief.

Confronting Legal Limitations

States should promote religious freedom and bring their laws and policies into line with international human rights norms regarding freedom of religion or belief. In that spirit, states should work to:

  • Protect freedom of thought, conscience, religion, or belief and ensure individuals can freely change beliefs, or not believe, without penalty or fear of violence, and encourage the repeal of provisions penalizing or discriminating against individuals for leaving or changing their religion or belief.
  • Encourage any state-managed registration systems for official recognition of religious communities be optional (rather than mandatory) and not unduly burdensome, so as to help facilitate the free and legal practice of religion for communities of believers.
  • Allow religious communities to establish freely accessible places of worship or assembly in public or private, to organize themselves according to their own hierarchical and institutional structures, to train their religious personnel and community members, and to select, appoint, and replace their personnel in accordance with their beliefs without government interference.
  • Repeal anti-blasphemy laws, which are inherently subjective, and often contribute to sectarianism and violent extremism. Enforcement of such laws unduly inhibits the exercise of the rights to freedoms of religion, belief, and expression and leads to other human rights violations or abuses.
  • Recognize that respect for religious freedom can afford space to religious actors to engage in constructive efforts to prevent and counter violent extremism, terrorism and conflict, and to collaborate with non-religious actors on the same.
  • Encourage the development of conscientious objection laws and policies to accommodate the religious beliefs of military age persons and provide alternatives to military service.

Advocating for Equal Rights and Protections for All, Including Members of Religious Minorities

States should promote the human rights of members of religious minorities, dissenting members from the majority faith, and non-believers, including freedom of religion or belief. In that spirit, states should work to:

  • Treat all persons equally under the law – regardless of an individual’s religion, beliefs or religious affiliation, or lack thereof – and ensure law enforcement officials take measures to protect all persons, including members of religious minorities, from harm or discriminatory acts on account of their faith or beliefs.
  • Prevent discrimination on the grounds of religion or belief in access to justice, employment, education and housing, in personal status and family laws, and in access to opportunities for expression in public forums.
  • Ensure that all people, including religious minority community members, are free from forced conversions, and are entitled to and receive equal protection under the law without discrimination.
  • Respond quickly to physical assaults on persons and the destruction or vandalizing of holy sites or property based on religion or belief, and hold those responsible accountable.
  • Encourage teaching about the value of intra- and inter-faith understanding and collaboration, and promote a general understanding of world religions to reduce harmful misunderstandings and stereotypes.
  • Foster religious freedom and pluralism by promoting the ability of members of all religious communities, including migrant workers, to practice their religion, and to contribute openly and on an equal footing to society.
  • Encourage authorities to denounce and condemn public discrimination and crimes targeting individuals on account of their religion or belief or lack thereof.

Responding to Genocide and other Mass Atrocities

States should use appropriate diplomatic, humanitarian and other necessary means to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity, including when based on religious convictions. In that spirit, states should work to:

  • Take immediate action to protect their populations from genocide, crimes against humanity, war crimes, and ethnic cleansing.
  • Condemn messages or narratives that promote violence against the holders of certain religious or other beliefs or that foster intra- and inter-religious tensions, whether by government officials or non-state actors.
  • Take steps to support investigative efforts and work to preserve evidence and document suspected crimes when reports of atrocities arise, including genocide, war crimes, crimes against humanity, or ethnic cleansing.
  • Hold accountable those responsible for genocide, crimes against humanity, war crimes, mass atrocities, and ethnic cleansing and related crimes, and employ mechanisms to promote accountability, justice, and reconciliation.
  • Consider the needs of survivors and families of survivors of atrocities and provide them assistance and resources to help rebuild and heal traumatized communities and individuals in post-conflict areas.
  • Work with willing victims and survivors of mass atrocities to develop and disseminate communications and educational efforts about their experiences, recovery and resilience.

Preserving Cultural Heritage

States should increase efforts to protect and preserve cultural heritage, including that of threatened minority religious communities, particularly in conflict zones, and to preserve cultural heritage sites, even those of communities whose members have dwindled or emigrated to other countries. In that spirit, states should work to:

  • Adopt and implement policies that introduce or improve inventory lists of cultural sites and objects that promote respect for and protect heritage, including places of worship and religious sites, shrines, and cemeteries, and that take appropriate protective measures where such sites are vulnerable to vandalism or destruction by state or non-state actors.
  • Safeguard heritage sites, and help other governments do so, by offering technical assistance and professional training to relevant officials, as well as provide emergency assistance for sites in immediate danger.
  • Assist impacted communities to secure, protect, repair and/or stabilize their cultural heritage sites.
  • Encourage participation by the local population in the preservation of their cultural heritage, and engage members of religious communities and others, including their leadership, with training on ways to protect their cultural heritage from damage and/or looting.
  • Assist with efforts to restore cultural heritage sites of significance to multiple communities in a conflict zone so as to foster intra- and inter-faith relations and rebuild trust.
  • Raise public awareness, particularly among youth, of the significance and history of cultural heritage, by working with and through religious actors and other community leaders.

Strengthening the Response

States should take actions to respond to threats to religious freedom that continue to proliferate around the world. In that spirit, states should consider endorsing the Potomac Declaration and work to:

  • Extend financial support to assist persons persecuted for their religious freedom advocacy, affiliation or practice, or for being a non-believer and support the capacity-building work of religious freedom advocacy organizations, and encourage private foundations to increase funding to such causes.
  • Strengthen rule-of-law, fair trial guarantees, and the institutional capacity to protect religious freedom and other human rights.
  • Provide additional diplomatic resources through the creation of special ambassadorial positions or focal points in foreign ministries, and support collective action through such groupings as the International Contact Group for Freedom of Religion or Belief and the International Panel of Parliamentarians for Freedom of Religion or Belief.
  • Train and equip diplomats in the meaning and value of religious freedom and how to advance it.
  • Recommit annually to promoting religious freedom for all, by establishing August 3, the first day of ISIS’s Sinjar massacre targeting Yezidis, as a nationally or internationally recognized day of remembrance of survivors of religious persecution.
  • Allow and support civil society organizations and religious actors in their efforts to advocate for, and organize on behalf of, religious freedom, pluralism, peace and tolerance and related values.
  • Facilitate the creation of domestic forums, or utilize existing groups, where religious groups, faith-based organizations and civil society can meet to discuss concerns about religious freedom at home and abroad, as well as through bodies at the regional level.
  • Encourage government ministries and officials to engage with and listen to the domestic forums regularly, and implement relevant suggestions when possible.
  • Encourage national economic investment projects that foster collaboration and trust building across different communities and demonstrate the economic, societal and individual benefits of respect for religious freedom and pluralism.
  • Train and support religious community actors, including religious actors, to build resilience to and prevent violent extremism and terrorism, which negatively affect religious freedom, by disseminating alternative messages, engaging at-risk community members, and implementing intra- and inter-faith partnerships.

International Religious Freedom Fund [4]

With the U.S. providing coverage for all personnel, administrative and overhead expenses, all of the funds contributed by others would fund the following program activities:

  • Supporting initiatives that address the barriers to freedom of religion or belief. This encompasses activities such as advocacy initiatives, awareness campaigns, public messaging, community inclusion efforts, conflict prevention
  • Providing assistance to those facing discrimination on the basis of religion or belief for individual needs including, assistance to address threats of violence; medical needs resulting from violent assault; and replacement of equipment damaged or confiscated as a result of harassment.

Other Actions of the Ministerial [5]

The Ministerial also issued statements about Repression by Non-State Actors, including Terrorist Groups; Iran; Counterterrorism as a False Pretext for Religious freedom Repression; China; Burma; and Blasphemy/Apostasy Laws.

According to the Secretary of State before its convening, this Ministerial was to “reaffirm our commitment to religious freedom as a universal human right. This ministerial . . . . . . Religious freedom is indeed a universal human right that I will fight for. [The Ministerial] 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.”

At the conclusion of this Ministerial, the Secretary of State emphasized that “President Trump has directed his administration to advance and defend the rights of religious freedom at home and abroad, because religious freedom is a universal God-given right to which all people are entitled. It is also an essential building block for all free societies. Ensuring religious freedom around the world is a key priority of the Trump administration’s foreign policy.”

After describing what happened at the Ministerial, Secretary Pompeo complimented Vice President Pence’s announcement of the U.S. Genocide Recovery and Persecution Response, and the U.S. International Religious Freedom Fund. Pompeo also announced that the Department was creating a ten-day International Victor Leadership Program for those “working on the frontiers of religious freedom issues” around the world and a three-day workshop Boldline “to support and scale innovative public-private partnerships that promote and defend religious freedom around the world.” Also announced was the then upcoming Potomac Declaration and the Potomac Plan of Action for religious freedom.

Conclusion

 Although as a member of a Presbyterian Church I strive to follow the teachings of Jesus, I approached the investigation of this Ministerial with some skepticism and fear that it was a device to promulgate what I would regard as a right-wing approach to religion and Christianity.

However, the above account of the work of the first Ministerial does not support such skepticism.Nor does the latest State Department annual report on international religious freedom insofar as it cites to the relevant international standards on the subject. Whether or not its gathered “evidence” or analysis of same meets the same standard is another issue for another day. [6]

Later this month the State Department will hold its second such Ministerial [7] for like-minded governments that have a demonstrated record of advancing religious freedom and are committed to promoting Article 18 of the Universal Declaration of Human Rights, or governments that have taken significant and meaningful steps to do so; and survivors or close relatives of those who suffered persecution due to their religion or beliefs. This Ministerial will have the following agenda:

  • Discuss opportunities and challenges for promoting and defending religious freedom globally, including how such freedom, international development and humanitarian aid can work together.
  • Discuss 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.
  • Identify global challenges to religious freedom; develop innovative responses to persecution on the basis of religion; and share new commitments to protect religious freedom for all. Invitations will be extended to

This blog will examine this second Ministerial’s work to see if there is any reason to change a favorable opinion about its work. As always, this blog invites reasoned pro and con comments, especially for topics or perspectives that were overlooked.

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[1] According to the State Department’s Diplomatic Dictionary, a “ministerial” is a “ formally arranged meeting of ministers of various states, such as the Defense or Foreign Ministers of the member states of the North Atlantic Treaty Organization.”

[2] State Dep’t, Potomac Declaration (July 24, 2018).

[3] State Dep’t, Potomac Plan of Action (July 24, 2018).

[3] State Dep’t, International Religious Freedom Fund: Fact Sheet (July 27, 2018).

[4] State Dep’t, Ministerial to Advance Religious Freedom Statement on Religious Freedom Repression by Non-State Actors, including Terrorist Groups (July 26, 2018); State Dep’t, Ministerial to Advance Religious Freedom Statement on Iran (July 26, 2018); State Dep’t, Ministerial to Advance Religious freedom Statement on Counterterrorism as a False Pretext for Religious Freedom Repression (July 26, 2018); State Dep’t, Ministerial to Advance Religious freedom Statement on China (July 26, 2018); State Dep’t, Ministerial to Advance Religious freedom Statement on Burma (July 26, 2018); State Dep’t, Ministerial to Advance Religious freedom Statement on Blasphemy/Apostasy Laws (July 26, 2018).

[5] State Department’s Latest Report on International Religious Freedom, dwkcommentaries.com (June 25, 2019).

[6] State Department’s Latest Report on International Religious Freedom, dwkcommentaries.com (June 25, 2019)

[7] State Dep’t, Ministerial to Advance Religious Freedom, 16-18 July 2019 (June 21, 2019); State Dep’t, Secretary Pompeo Convenes Second Ministerial To Advance Religious Freedom (June 25, 2019).

 

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

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

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

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

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

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

 

U.S. State Department’s Positive Assessment of Cuban Religious Freedom  

On August 15, 2017, the U.S. State Department released its annual report on religious freedom in nearly 200 countries and territories in the world. This report is a requirement pursuant to the International Religious Freedom Act of 1998, as amended; legislation that upholds religious freedom as a core American value under the Constitution’s First Amendment, as well as a universal human right. This law calls for the government to, quote, “[Stand] for liberty and [stand] with the persecuted, to use and implement appropriate tools in the United States foreign policy apparatus, including diplomatic, political, commercial, charitable, educational, and cultural channels, to promote respect for religious freedom by all governments and peoples.”[1]

The release was accompanied by remarks from Secretary of State Rex Tillerson, who said, “conditions in many parts of the world are far from ideal. Religious persecution and intolerance remains far too prevalent. Almost 80 percent of the global population live with restrictions on or hostilities to limit their freedom of religion. Where religious freedom is not protected, we know that instability, human rights abuses, and violent extremism have a greater opportunity to take root.” He specifically mentioned serious concerns about religious freedom in ISIS, Iran, Saudi Arabia, Turkey, Bahrain, China, Pakistan and Sudan. Subsequently Ambassador Michael Kozak, the Bureau of Democracy, Human Rights and Labor, conducted a telephone conference briefing with journalists.[2]

Our focus here is examining the report’s substantially positive assessment of religious freedom in Cuba in 2016.[3] A more negative evaluation of Cuba was provided earlier this year by the U.S. Commission on International Religious Freedom, an unusual, quasi-governmental group; its report about Cuba  also will be discussed before providing my own observations.

State Department’s Assessment of Cuba[4]

Religious Demography

“The U.S. government estimates the total population at 11.2 million (July 2016 estimate). There is no independent, authoritative source on the overall size or composition of religious groups. The Roman Catholic Church estimates 60 to 70 percent of the population identify as Catholic. Membership in Protestant churches is estimated at 5 percent of the population. Pentecostals and Baptists are likely the largest Protestant denominations. The Assemblies of God reports approximately 110,000 members and the Four Baptist Conventions estimate their combined membership at more than 100,000 members. Jehovah’s Witnesses estimate their members at 96,000; Methodists at 36,000; Seventh-day Adventists at 35,000; Anglicans, 22,500; Presbyterians, 15,500; Episcopalians, 6,000; Quakers, 300; and The Church of Jesus Christ of Latter-day Saints (Mormons), 100. The Jewish community estimates it has 1,500 members, of whom 1,200 reside in Havana. According to the Islamic League, there are 2,000 to 3,000 Muslims residing in the country, of whom an estimated 1,500 are Cubans. Other religious groups include Greek Orthodox, Russian Orthodox, Buddhists, and Bahais.”

“Many individuals, particularly in the African Cuban community, practice religions with roots in West Africa and the Congo River Basin, known collectively as Santeria. These religious practices are commonly intermingled with Catholicism, and some require Catholic baptism for full initiation, making it difficult to estimate accurately their total membership.”

Executive Summary

The constitution provides for freedom of religion and prohibits discrimination based on religion. The government and the Cuban Communist Party monitored religious groups through the Office of Religious Affairs (ORA) in the Ministry of Justice (MOJ) and continued to control most aspects of religious life. Observers noted that the government harassed some religious leaders and their followers, with reports of threats, detentions, and violence. Evangelical and other Protestant religious leaders reported the government threatened to expropriate some religious properties under zoning laws passed in 2015 but took no action during the year. Christian Solidarity Worldwide (CSW) reported in a January publication that there was an increase in government threats to close churches from 2014 to 2015. The majority was related to government threats to close churches belonging to Assemblies of God congregations, but the Assemblies of God and the government were able to reach an agreement which enabled the churches to stay open. 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. Multiple high-level leaders from Catholic, Protestant, and minority religious groups agreed the religious freedom environment had improved compared to past years.” (Emphases added.)[5]

There were no reports of significant societal actions affecting religious freedom.” (Emphasis added.)

“U.S. embassy officials met with officials from the ORA to discuss the registration process for religious organizations and inquire about the rights of nonregistered groups to practice their religion. Embassy officials also met with the head of the Council of Cuban Churches (CCC), an officially recognized organization that has close ties to the government and comprises most Protestant groups, to discuss their operations and programs. The [U.S.] Ambassador at Large for International Religious Freedom and the [U.S.] Special Representative for Religion and Global Affairs met with leaders of Catholic, Protestant, and minority religious groups to discuss the religious freedom environment in the country. The embassy remained in close contact with religious groups, including facilitating exchanges between visiting religious delegations and religious groups in the country. In public statements, the U.S. government called upon the government to respect the fundamental freedoms of its citizens, including the freedom of religion.”

U.S. Commission’s Evaluation of Cuba[6]

On April 26, 2017, the Commission released its 2017 report on religious freedom in 36 countries and one region, in contrast to the nearly 200 countries covered by the State Department. The Commission’s nine unpaid, part-time commissioners are appointed by various federal government officials supported by an ex-officio non-voting member (U.S. Ambassador David Saperstein), an executive director, four directors, an executive writer, five policy analysts, one researcher and four administrative staff, all based in Washington, D.C. It apparently has an annual budget of only $ 3.5 million.[7]

The 36 countries (and one region) evaluated by the Commission fall into the following three groups:

  • The 16 countries that the Commission believes constitute “countries of particular concern” (CPC) or “any country whose government engages in or tolerates particularly egregious religious freedom violations that are systematic, ongoing, and egregious” and that the Commission recommends that the State Department so designate. (Pp. 3-4)
  • The 12 countries that the Commission believes constitute “Tier 2 nations in which the violations engaged in or tolerated by the government are serious and characterized by at least one of the elements of the ‘systematic, ongoing, and egregious’ CPC standard;” Cuba is one of these 12 countries (Pp. 3-4)
  • The 8 other countries and one region that the Commission has monitored, but are not deemed to be CPC or Tier 2. (Pp. 3-4)

For Cuba, the Commission’s “Key Findings” were the following: “During the reporting period, religious freedom conditions in Cuba continued to deteriorate due to the government’s short-term detentions of religious leaders, demolition of churches, and threats to confiscate churches. In addition, the Cuban government harasses religious leaders and laity, interferes in religious groups’ internal affairs, and prevents—at times violently—human rights and pro-democracy activists from participating in religious activities. The Cuban government actively limits, controls, and monitors religious practice through a restrictive system of laws and policies, surveillance, and harassment. Based on these concerns, USCIRF again places Cuba on its Tier 2 in 2017, as it has since 2004.” (P. 134)

Almost all of the specifics that purportedly underlie these Key Findings relate to churches affiliated with the Apostolic Movement;[8] Assemblies of God churches, which the State Department reports had settled its problems with the Cuban government; the Western Baptist Convention; and the detentions of Ladies in White protestors (pp. 136-38). Apparently, the Commission’s discussion of Cuba is based in whole or in part on reports by Christian Solidarity Worldwide, which has headquartered in the United Kingdom with offices in Washington, D.C. and Brussels, Belgium and which only obtained U.N. accredited consultative status after eight years by the U.N. Economic and Social Council in April 2017 by a vote of 28-9 with 12 abstentions.

Purportedly based on these Key Findings, the Commission made certain recommendations to the federal government (p. 134).

Conclusion

I believe that the State Department’s assessment on Cuba is more reliable than that from the U.S. Commission, as a mere comparison of their respective reports and as the mere listing of the various religious groups active on the island in the Department’s report should demonstrate.

Moreover, the Department has experienced diplomats in Cuba who met during the year with various Cuban government and religious officials supplemented by visits to Cuba by Washington, D.C. Department officials with responsibility for assessing religious freedom around the world. In contrast, the Commission is a very small organization with limited resources in Washington, D.C. without personnel in Cuba or visits to Cuba and that apparently has focused on a small number of Cuban churches, some of which apparently are affiliated with a little-known church in California and with apparent reliance on a little-known U.K. group that only recently received U.N. accredited consultative status by a divided vote.

The Department’s assessment also is supported by my personal experience.

Over the last 15 years as a member of Minneapolis’ Westminster Presbyterian Church I have been actively involved in our partnerships with a small Presbyterian-Reformed Church in the city of Matanzas on the north coast of Cuba and with the national Synod of that church. I have been on three church mission trips to Cuba to visit our partner and other Presbyterian-Reformed churches and its campimento (camp) on the island, the ecumenical seminary in Matanzas (Seminario Evangelico de Teologia), Havana’s office of the Council of Cuban Churches and Havana’s Ebenezer Baptist Church and its affiliated Martin Luther King, Jr. Center and Pastor Rev. Raúl Suárez, who has served in Cuba’s legislature (National Assembly of People’s Power).

I also have welcomed and discussed Cuban religious life with Cuban members and pastors on their visits to Minneapolis, including Rev. Dra. Ofelia Miriam Ortega Suárez, the Directora of Havana’s Instituto Cristiano de Estudios Sobre Gênero and a member of Cuba’s legislature (National Assembly of People’s Power). In addition, I have heard from other Westminster members and pastors about their trips to Cuba. This includes some Westminster members who have been involved in installing clean water systems in Cuban Presbyterian-Reformed churches through the Living Waters for the World Ministry of the Synod of Living Waters of the Presbyterian Church (U.S.A.), our denomination, and a Westminster member is now the Moderator of the Cuba Network Coordinating Team for that organization.[9]  Finally I read widely about Cuba, especially its relations with the U.S. and its religious life.

These connections have been very important to me personally and to others at Westminster as we stand in solidarity with our Cuban brothers and sisters. I also was impressed and moved by Pope Francis’ encouragement of U.S.-Cuba normalization and reconciliation in 2013-2014 and his pastoral visits to Cuba and the U.S. in 2015.[10]

I, therefore, believe that at least in the 21st century there has been an ever-increasing role for, and freedom of, religion in Cuba as this poor country struggles to improve the spiritual and economic welfare of its people. I also believe that Westminster and other U.S. churches’ partnering with Cuban churches and people along with Pope Francis’ witness have been God’s servants aiding, and continuing to aid, these encouraging changes.

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[1] U.S. State Dep’t, Preface: International Religious Freedom Report for 2016 (Aug. 15, 2017); U.S. State Dep’t, Overview and Acknowledgement: International Religious Freedom Report for 2016 (Aug. 15, 2017).

[2] U.S. State Dep’t, Secretary Tillerson: Remarks on the 2016 International Religious Freedom Report (Aug. 15, 2017); Special Briefing: Ambassador Michael Kozak, Bureau of Democracy, Human Rights, and Labor (Aug. 15, 2017).

[3] Other posts have discussed the State Department’s and the U.S. Commission on International Religious Freedom’s previous assessments of Cuban religious freedom along with comments by others and the international law regarding freedom of religion; they are listed in the “Cuban Freedom of Religion” section of List of Posts to dwkcommentaries—Topical: Cuba.

[4] U.S. State Dep’t, International Religious Freedom Report for 2016: Cuba (Aug. 15, 2017).

[5] This positive development was emphasized in the body of the Cuba report, which stated, “Religious groups reported their leaders continued to travel abroad to participate in two-way exchanges between local faith-based communities and those in other countries. 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.”

[6] U.S. Comm’n Int’l Religious Freedom, 2017 Annual Report (April 26, 2017); Press Release: USCIRF Releases 2017 Annual Report (April 26, 2017).

[7] Grieboski, The Case for Pulling the Plug on the US Commission on  International Religious Freedom, Huffpost (Dec. 18, 2011); Press Release: Rubio Celebrates Signing Of U.S. Commission On International Religious Freedom Reauthorization Act Into Law (Oct. 15, 2015).

[8] The Apostolic Movement apparently is headquartered in San Diego, California as “a Fivefold Ministry organization headed by an Apostolic team of Fivefold Ministers . . .[with] a mandate from God the Father through the Lord Jesus Christ, to go and prepare the Body of Christ for the final move of God . . . [by finding] the Hidden Warriors whom He has hidden away, waiting for the time of their manifestation [based upon the belief that] God has reserved for Himself apostles, both men and women, who are not currently visible or part of the Status Quo Church System.”

[9] A brief discussion of these Westminster connections with Cuba occurs in this blog post: Praise God for Leading U.S. and Cuba to Reconciliation (Dec. 22, 2014).

[10] See the blog posts listed in the “Pope Francis Visits to Cuba & U.S., 2015” in List of Posts to dwkcommentaries—Topical: CUBA.

U.S. State Department’s Report on Moroccan Religious Freedom in 2016

On August 10, 2016, the U.S. Department of State released its latest annual report on religious freedom in every country in the world for 2015. Here are the key points of what it said about Morocco.[1]

The Report on Morocco

Morocco with its population of 33.3 million people (July 2015), estimates that 99% are Sunni Muslim and 1%, Shia Muslims, Christians, Jews and Bahais.

“The constitution declares the country to be a sovereign Muslim state and Islam to be the religion of the state. The constitution guarantees freedom of thought, expression, and assembly, and says the state guarantees the free exercise of beliefs to everyone.”

“The law grants recognition to Sunni Maliki-Ashari Muslims and Jews as native populations free to practice their religion without any specific requirements to register with the government. The law requires [all other] religious groups not recognized as native, which includes non-Maliki-Ashari Muslims (i.e., Shia) and Christians, among others, to register before they are able to undertake financial transactions or conduct other business as private associations and legal entities.”

“Registered churches and associations include the Roman Catholic, Russian Orthodox, Greek Orthodox, French Protestant, and Anglican Churches, whose existence as foreign resident Churches predates the country’s independence in 1956 and which operate within the officially registered Council of Christian Churches of Morocco (CECM).”

“The constitution states the king is the protector of Islam and the guarantor of freedom of worship. It prohibits political parties, parliamentarians, and constitutional amendments from infringing upon Islam. The criminal code prohibits the use of ‘enticements’ by non-Muslims to try to convert Muslims to another religion. The minister of justice reaffirmed the freedom to change religions as long as no coercion was involved, but said Christian evangelism remained prohibited because missionaries had offered material inducements to the poor to convert them.”

“The government reportedly detained and questioned Moroccan Christians about their beliefs and contacts with other Moroccan Christians, including incidents in Rabat and Fes. The government also continued to deny registration to local Christian, Shia, and Bahai groups. Representatives of minority religious groups said fears of government surveillance led adherents of the Christian, Bahai, and Shia faiths to refrain from public worship and instead to meet discreetly in members’ homes. The government allowed foreign Christian communities to attend worship services in approved locations. The Ministry of Endowments and Islamic Affairs (MEIA) continued to control the content of sermons in mosques, Islamic religious education, and the dissemination of Islamic religious material by the broadcast media. The government continued to restrict the distribution of non-Islamic religious materials, as well as Islamic materials it deemed inconsistent with the Maliki-Ashari school of Sunni Islam. The government arrested several individuals for eating in public during Ramadan.”

“Although Jews said they continued to live and worship in safety, participants in a pro-Palestinian rally in Casablanca in October staged a mock execution of individuals dressed as Hasidic Jews. Christians reported pressure to convert from non-Christian family and friends. Two Muslim actors received death threats for appearing in a U.S.-made movie about the life of Jesus. Members of the Shia community said in some areas they were able to practice their faith openly, but most members of the community practiced discreetly. Bahais reportedly practiced their faith discreetly and avoided disclosing their religious affiliation.”

“The U.S. government promoted religious tolerance in its bilateral strategic dialogue [with the Moroccan government]. The Ambassador, embassy and consulate general officers, and visiting U.S. government officials met with senior government officials, including the minister of endowments and Islamic affairs, to discuss tolerance of minority religions. The Ambassador and embassy officers also met with Muslim religious scholars, leaders of the Jewish community, prominent Christian visitors, Christian foreign residents, leaders of registered and unregistered Christian groups, and other local religious groups to promote religious dialogue.”

Conclusion

With Sunni Muslim as the state religion under Morocco’s constitution and 99% of the population’s being Sunni Muslims, it would appear to this non-Moroccan Christian outsider that it would be easy and non-threatening for the Moroccan government to allow virtually unfettered religious freedom to all others (Shia Muslims, Christians, Jews and Bahias). However, Morocco does not do so. Therefore, I believe the U.S. government, while observing all diplomatic niceties, should endeavor to persuade the Moroccan government to provide more religious freedom to the other religious groups.

Any U.S. efforts at attempting to persuade Morocco should refer to Morocco’s ratification or accession in 1979 to the International Covenant on Civil and Political Rights (ICCPR), which provides the following in Article 18: “Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.”

  1. “No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.”
  2. “Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.”
  3. “The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.”[2]

That U.S. effort should also mention that under the ICCPR, Morocco as a state party has submitted periodical reports regarding its implementation of the treaty to the U.N. Human Rights Committee, which after review and consultation with the party issues its Concluding Observations on that implementation. The last such Concluding Observations by this Committee, which were issued on December 1, 2016, said the following about freedom of religion in Morocco:

  • “39. The Committee is concerned by reports that restrictions are placed on the practice of religions other than the official religion. It is also concerned about provisions in the Criminal Code that criminalize actions contrary to the Muslim religion and the introduction of new offences to the draft Criminal Code that further extend the limits imposed on freedom of religion and expression (arts. 18 and 19).”
  • “40. The State party should eliminate any legislative provision or discriminatory practice that is in violation of the right to freedom of thought, conscience and religion and ensure that the draft revised Criminal Code now under discussion is fully in accordance with article 18 of the Covenant.”

Finally this outsider also suggests that discussions with the Moroccan government on this subject should refer to the January 2016 Declaration of Marrakesh about religious minorities in Muslim majority countries that was discussed in a prior post.

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[1] U.S. State Dep’t, International Religious Freedom Report for 2015: Morocco (Aug. 2016). The annual reports on the same subject by the U.S. Commission on International Religious Freedom do not comment on every country in the world and Morocco is one such country that is not covered. (U.S. Com’n Int’l Religious Freedom, Annual Report (April 2017) (Morocco is not on list of countries covered by report, pp. iii-iv).

[2] The ICCPR and other international instruments regarding religious freedom were briefly reviewed in International Law Regarding Freedom of Religion, dwkcommentaries.com (Jan. 1, 2012).