Trump Official Says U.S. Needs More Immigrants

On February 19, Acting White House Chief of Staff Mick Mulvaney appeared at a members-only event at the Oxford Union, the private debating society at the U.K.’s University of Oxford. [1]

He, however, was not debating anyone, but instead talking about current political issues in the U.S. One such issue was U.S. immigration.

“We are desperate — desperate — for more people,” Mulvaney said. “We created 215,000 jobs last month. We are running out of people to fuel the economic growth that we’ve had in our nation over the last four years. We need more immigrants.”

The Trump administration wants those immigrants to come in a “legal fashion.” 

Alex Nowrasteh, director of immigration studies at the libertarian Cato Institute, said Mulvaney’s statements were very much in line with the views he often expressed as a GOP congressman from South Carolina. “Mulvaney in Congress was hugely supportive of expanding immigration, and the great thing about having him in this position is that he’s been a voice of sanity, reason and support for the mainstream economic consensus on immigration, which is that it’s good for economy,”

The Mulvaney statements echoed a recent report about U.S. immigration by the U.S. Census Bureau.[2]

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[1] Miroff & Dawsey, Mulvaney says U.S. is ‘desperate’ for more legal immigrants, Wash. Post (Feb. 20, 2020); Haberman, Mick Mulvaney Says He Often Disagrees with Trump (Just Never Publicly), N.Y. Times (Feb. 20, 2020).

[2] U.S. Needs Immigration To Keep Growing and Maintain Prosperity, dwkcommentaries.com (Feb. 16, 2020). 

U.S. State Department’s Recent Actions on U.S. Policies Regarding Cuba

In two press interviews on January 23, Secretary of State Michael Pompeo addressed questions about Cuba.  Earlier in the month an unnamed “Senior Department Official” also had comments about Cuba and two days later the Administration announced new sanctions. Here is a summary of those developments.

Pompeo’s Interview by El Nuevo Herald/Miami Herald [1]

A reporter for el Nuevo  Herald and the Miami Herald asked, “Is the U.S. considering further sanctions against the Cuban Government?  And if so, how can you assure that those measures won’t hurt Cuban families already affected by some restrictions on visa and air traveling?”

Pompeo responded, “It’s always something that we consider very carefully.  We love the Cuban people.  We wish them enormous success.  Indeed, we expend a lot of energy and time to try and help them have that success.  At the same time, the policies of the previous administration were putting lots of money in the pockets of the regime.  The very leaders, the very dictators, the very communists that have repressed the Cuban people for so many decades now were being bolstered and supported by some of the commercial activity that’s taking place.”

“So our mission set has been to do our best not to harm the Cuban people – indeed, just the opposite of that: to create space where there’ll be an opportunity for democracy and freedom and the economy inside of Cuba to flourish while not lining the pockets of the corrupt leadership there.”

Pompeo Interview by WIOD-AM Miami[2]

The radio host, Jimmy Cafalo, asked, “How . . .[do American values] apply to our part of the world here in south Florida, when we are concerned about Venezuela or concerned about Cuba?”

Secretary Pompeo answered, “So President Trump’s been very realistic about how our foreign policy ought to be conducted.  He’s not about nation-building; he’s about protecting the American people.  When we stare at this problem set . . .with these communist regimes in Cuba, in Nicaragua, in Venezuela, America has always been committed to trying to help those people establish democracies to stamp out communism.  We continue that effort.  It’s good for the region, it’s good for the people of those countries, and it’s important to the citizens of south Florida and people all across the United States.”

Another question from Senor Cafalo, “Do you believe we should move closer to Cuba?  I mean, it seems it’s a vacillating element.  With the previous administration, we were moving much closer, and people with families there were going over and back and forth and trading a lot of things.  And now that seems to have just all but shut down.  What’s your take on Cuba?”

The Secretary’s response: “President Trump doesn’t want to see trade taking place with Cuba that is benefiting the regime, benefiting these oppressive communist dictators who are treating their own people so horribly, so terribly.  So our mission set has been to do all that we can to support the people of Cuba, while making sure that money, dollars, trade, all the things that prop up this military, this junta, this set of dictators that have done so much harm to the people of Cuba – you know them so well, they live – so many live in this region.  Our mission set has been to create the conditions where the Cuban people can have the opportunity to throw off the yoke of communism.”

Previous “Senior Department Official” Statement[3]

On January 8, an unnamed “Senior State Department Official” at a Special Briefing at the Department on “2019 Successes in the Western Hemisphere Region,” said the following about Cuba:

  • “The United States will cut off Cuba’s remaining sources of revenue in response to its intervention in Venezuela. We’ve already eliminated visits to Cuba via passenger and recreational vehicles. We suspended U.S. air carriers’ authority to operate scheduled air service between the U.S. and all Cuban airports other than Havana. This will further restrict the Cuban regime from using resources to support its repression of the people of Cuba. Countries in the region have also taken action regarding the Cuban Government’s program which traffics thousands of Cuban doctors around the world in order to enrich the regime. Brazil insisted on paying the doctors directly at a fair wage. The Cuban regime in response withdrew the doctors from Brazil. Doctors have also now left Ecuador and Bolivia.”

In response to a journalist’s question about whether the U.S. was planning to close the U.S. Embassy in Havana and to cease all diplomatic relations with Cuba, the Official said the following, ”[As] long as the Cubans keep doing what they’re doing, especially in Venezuela – I mean, we’ve had problems with what they do in Cuba forever, but they’re . . . intervening in another country now. We’ve been pretty clear with them that the pressure on them is going to continue to rise. And we haven’t ruled in or out any specific [actions] I [previously] mentioned some of the measures we’ve already taken; there will be more.”

U.S. Additional Restrictions on U.S. Air Travel to Cuba[4]

Only two days after the Senior Official’s Special Briefing, Secretary Pompeo issued a Press Statement announcing that at his request, “the U.S. Department of Transportation (DOT) suspended until further notice all public charter flights between the United States and Cuban destinations other than Havana’s José Martí International Airport.  Nine Cuban airports currently receiving U.S. public charter flights will be affected.  Public charter flight operators will have a 60-day wind-down period to discontinue all affected flights.  Also, at my request, DOT will impose an appropriate cap on the number of permitted public charter flights to José Martí International Airport.  DOT will issue an order in the near future proposing procedures for implementing the cap.”

U.S. Embassy in Havana said, “Today’s action will prevent the Cuban regime from benefiVenezuelating from expanded charter service in the wake of the October 25, 2019, action suspending scheduled commercial air service to Cuba’s airports other than Havana.  Today’s action will further restrict the Cuban regime’s ability to obtain revenue, which it uses to finance its ongoing repression of the Cuban people and its unconscionable support for dictator Nicolas Maduro in Venezuela.  In suspending public charter flights to these nine Cuban airports, the United States further impedes the Cuban regime from gaining access to hard currency from U.S. travelers.”

Cuban Foreign Minister Bruno Rodriguez and other Cuban officials blasted the move, calling it a violation of human rights that would hinder family reunification. As put by his colleague, the foreign ministry’s General Director for U.S. Affairs Carlos Fernandez de Cossio tweeted, this new measure by the U.S. would punish Cubans “on both sides of the Florida Strait.” It also validated the previous prediction by Cuba President Miguel Diaz-Canel, when he said there “is a turn of the screw every seven days to suffocate our economy.” And Cuba’s Ambassador in Washington, D.C. said the new limitation was imposed to “limit the amount of people that see CUBAN reality by themselves.”

A U.S. voice also criticized this move. Engage Cuba, a nonprofit coalition of private companies and organizations advocating for the end of the U.S. embargo, stated in a tweet, “Just tragic. This is heartbreakingly cruel. Cuban families now cannot travel to see their loved ones.”

Conclusion

All of this is “old news” of the Trump Administration’s repeated desires to increase sanctions against Cuba supposedly to induce Cuba to change many of its policies. Needless to say, that premise is unfounded. Instead, these U.S. measures make life harder for Cubans on the island as well as Cuban-Americans with relatives back home on the island. These U.S. measures also harm the emerging private sector on the island, which presumably should be encouraged by a Republican administration. (In contrast, the Obama Administration from December 2014 until its last days in January 2017, engaged in respectful discussions and negotiations over many issues that had accumulated over the prior 50-plus years and sought to encourage the Cuban private sector. That is the legitimate way to seek to resolve these matters.) [5]

Of special note is the U.S. campaign against Cuba’s foreign medical mission program. Recently Cuba filed a statement with the U.N. Human Rights Council in Geneva, Switzerland that asserted the program was “committed to the principles of altruism, humanism, and international solidarity, which have guided it for more than 55 years” and that allegations that doctors are forced to participate are “absolutely false. It’s unacceptable to mix Cuba’s medical collaboration with the horrid crime of human trafficking, modern slavery or forced labor.” [6]

It also should be mentioned that this blog repeatedly has denounced the specious rationale for the Trump Administration’s hostility towards Cuba’s foreign medical mission program, especially the allegation that it is engaged in illegal forced labor.[7]  However, recent allegations that some of the individuals on these missions were not health professionals, but instead were engaged in political activities, and that some Cuban doctors were forced to create false patient records are more troublesome. Cuba denies these allegations, but no independent investigation and analysis of these claims has been found by this blogger. [8]

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[1] State Dep’t, Secretary Michael R. Pompeo With Nora Gomez Torres of El Nuevo Herald and Miami Herald (Jan. 23, 2020).

[2] State Dep’t, Secretary Michael R. Pompeo With Jimmy Cefalo of South Florida’s First News, WIOD-AM Miami (Jan. 23, 2020).

[3] State Dep’t, Senior State Department Official On State Department 2019 Successes in the Western Hemisphere Region (Jan. 8, 2020).

[4] State Dep’t, United States Further Restricts Air Travel to Cuba (Jan. 10, 2020); Reuters, U.S. Seeks to Squeeze Cuba by Further Curbing Flights to Island, N.Y. Times (Jan. 10, 2020); Finnegan, U.S. further restricts air travel to Cuba to increase pressure, abcNews (Jan. 10, 2020).

[5] See posts listed in the sections on “U.S. (Obama) & Cuba Relations (Normalization)” for 2014, 2015, 2016 and 2017 in the List of Posts to dwkcommentaries—Topical: CUBA.

[6] Krygien, The U.S. is pushing Latin American allies to send their Cuban doctors packing—and some have, Wash. Post (Jan. 21, 2020).

[7] Here are just two of the posts criticizing the Trump Administration’s campaign against Cuba’s medical mission program:U.S. Unjustified Campaign Against Cuba’s Foreign Medical Mission Program (Sept. 4, 2019); More U.S. Actions Against Cuba (Sept. 30, 2019).

[8] E.g., 80% of what Bolivia paid to Havana for doctors was going to ‘finance castrocomunismo,’ Diario de Cuba (Jan. 22, 2020); Gamez Torres, Bolivia severs relations with Cuba over dispute about controversial medical program, Miami Herlad (Jan. 24, 2020).

Blowback on Two Decisions on Refugee Resettlement 

Two Republican governors, Asa Hutchinson in Arkansas and Greg Abbott in Texas, reached opposite decisions on refugee resettlement. Hutchinson said, “yes;” Abbott, “no.” [1] Both have received blowback.

Arkansas[2]

In Arkansas, some GOP state legislators said they unpleasantly were surprised by Hutchinson’s decision to consent to resettlement and asked him to appear before a legislative committee to explain and justify his decision.

The Governor did that on January 13 and emphasized that his decision was buttressed by the U.S. “acceptance of refugees who have aided overseas U.S. military personnel and [the U.S.] heightened . . .level of security screenings” and by the likelihood that fewer than 50 refugees will likely come to the state’s northwestern Washington County under this program. He also told the committee, “Each of you are leaders in your community. You’ve got a choice to make: You can create fear or you can help resolve fear. I challenge you to help resolve fear, have the facts, and to talk about those.”

Another point by Hutchinson was the “cost-benefit analysis conducted by the Trump administration that found refugees contributed $63 billion more in state and federal taxes than they received between 2005 and 2014. He noted that refugees are typically eager to go to work and become self-sufficient. “I believe . . . it’s a positive thing that we bring immigrants to our country, that they benefit to us in terms of their work and their paying taxes.”

Hutchinson also personally introduced to the committee “a Congolese refugee, who after nearly two decades in a refugee camp in Kenya now lives in . . . [the state] and works as a certified nursing assistant at a senior living facility, and a refugee from Afghanistan who fled his native country after his life became endangered for helping U.S. authorities.”

After the hearing, Republican state Sen. Trent Garner, who had requested the meeting, said, “This isn’t an issue to create fear. This is about legitimate security concerns and having a major change happen and people not being informed.”

On the other hand, “refugee advocates said they were heartened by Hutchinson’s remarks and hoped they would help the public understand resettlement better.” According to Emily Crane Linn, executive director of Canopy Northwest Arkansas, a nonprofit refugee resettlement agency, “I hope that as people ask questions and as they learn the truth, they will come to feel the same way I do about this program, that it is part of what makes this country great, it’s part of what makes our state great and it’s absolutely something that should continue.”

Texas[3]

Governor Abbott’s decision was criticized by at least three faith-based organizations: the state’s Roman Catholic bishops, the Episcopal Church and the Lutheran Immigration and Refugee Service, the last  of which was discussed in the prior post about the decision.

The Texas Catholic Bishops said the Governor’s decision “is deeply discouraging and disheartening. While the . . . [Conference of 16 bishops] respects the governor, this decision is simply misguided. It denies people who are fleeing persecution, including religious persecution, from being able to bring their gifts and talents to our state and contribute to the general common good of all Texans. The refugees who have already resettled in Texas have made our communities even more vibrant. As Catholics, an essential aspect of our faith is to welcome the stranger and care for the alien. We use this occasion to commit ourselves even more ardently to work with all people of good will, including our federal, state and local governments, to help refugees integrate and become productive members of our communities.”

Governor Abbott “has cited his [Catholic] faith to support anti-abortion and other conservative policies. But on the issue of refugees, he sharply diverges from the official positions of his church ― and the example set by Pope Francis.[4]

The Episcopal Church “condemns Gov. Abbott’s decision to reject refugee resettlement in 2020. Texas has long served as a strong partner in the work of welcoming some of the most vulnerable individuals in the world to peace, safety, and a bright future. Texas Episcopalians have also given generously of their time, talents, and treasure to help our refugee brothers and sisters rebuild their lives in the Lone Star State.” The statement added the following:

  • “Texans have long been known for their southern hospitality and generosity of spirit. Additionally, many Texans are people of strong faith who take seriously the Gospel call to welcome the stranger and to help those who are fleeing religious persecution and violence. The Episcopal community in Texas shares these values.”
  • “Refugees bring immense value to communities throughout Texas. They have invigorated the economy, brought innovation to small towns, and made communities stronger through their contributions to public life and cultural institutions. Refugees in Texas are students, entrepreneurs, dedicated employees, customers, elected officials, and community leaders – just like us. They are us.”

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[1] See these posts to dwkcommentaries.com: Five Mores States Have Consented to Refugee Resettlement (Jan.7, 2020); Texas “No” to Refugee Resettlement (Jan. 11, 2020).

[2]  Field, Arkansas governor defends refugee decision, urges legislators to ‘help resolve fear,’ Ark. Democrat Gazette (Jan. 14, 2020); Assoc. Press, Arkansas Governor Defends Decision to Accept New Refugees, N.Y. Times (Jan. 13, 2020).

[3]   Texas Catholic Conference of Bishops, Texas Catholic Bishops respond to Governor Abbott’s decision to turn away refugees (Jan.10, 2020); Kuruvilla, Texas Catholic Bishops Denounce Governor Abbott’s Decision To End Refugee Resettlement, HuffPost (Jan. 13, 2020); Burke, Every Catholic bishop in Texas is slamming Gov. Abbott’s decision to bar refugees, CNN (Jan. 13, 2020); Episcopal Church statement on Texas Gov. Abbott’s decision to reject refugee resettlement (Jan. 11, 2020).

[4] See Pope Francis Reminding Us To Welcome, Protect, Promote and Integrate Refugees and Migrants, dwkcommentaries. com (Jan. 1, 2020)..

Slower Growth Predicted for Minnesota Population in the 2020s

Minnesota state demographers predict that the state’s population will grow 6.6% in the 2020s from today’s 5.6 million to 5.9 million at the end of the decade. That is less than the 7.2% growth in the 2010s. Moreover, only the seven-county metro area will experience population growth while the state’s other 80 counties will have population declines; this pattern also is expected to continue into the 2030s and 2040s.[1]

This development will squeeze the state’s economy, especially as “the last baby boomers retire in this decade” and as the state’s labor force “will essentially stop growing in the first five years” of the upcoming decade. These effects already are being felt in Minnesota. “Job vacancies have outnumbered the unemployed in Minnesota for two years. Businesses, governments and ordinary people find it’s harder to get things done. Hiring is especially challenging at restaurants, factories, schools and hospitals. Things aren’t delivered on time.”

These developments are especially difficult for small towns in the state. One example is Clarks Grove, a town on Interstate 35 in the southern part of the state. Its population in 2010 was 706, down from 734 10 years earlier. Its school closed in the mid-1980s; its co-op dairy creamery, in 1996; its fire station was destroyed by a tornado in 2017 and a new one reopened in February 2019 after a struggle over insurance coverage, high replacement cost and draining the town’s rainy-day fund.

Another strategy to confront these demographic trends was adopted by Minneapolis’ Augsburg University. It realized that “the fastest-growing group of prospective college students was in immigrant communities around the Twin Cities. They began chasing them. . . . This fall, 65% of its first-year students were persons of color. Undergraduate enrollment was 2,153, up 11% from fall 2014.” This was helped by adding “some new majors, such as music business and graphic design, and sports, such as women’s lacrosse and women’s wrestling.”

Conclusion

These demographic facts are not unique to Minnesota. As the StarTribune article points out, “U.S. population is expected to grow 6.6% in the 2020s, a slide from 7.5% growth this decade” and “urban and rural areas across the country will divide further in the deceleration.”

This broader point was made in the Wall Street Journal. While very pleased with the continued strength of the U.S. economy and labor market, the Journal points out that “this bright cyclical picture for the labor market is on a collision course with a dimming demographic outlook. While jobs are growing faster than expected, population is growing more slowly. In July of last year, the U.S. population stood at 327 million, 2.1 million fewer than the Census Bureau predicted in 2014 and 7.8 million fewer than it predicted in 2008. (Figures for 2019 will be released at the end of the month.)”[2]

The slow growth of U.S. population is due to several factors, said the Journal. First, the “U.S. fertility rate—the number of children each woman can be expected to have over her lifetime—has dropped from 2.1 in 2007 to 1.7 in 2018, the lowest on record. From 2010 through 2018, there were 3 million fewer births than the Census Bureau had projected in 2008.” Second, “[d]eath rates, already rising because the population is older, have been pressured further by “deaths of despair”—suicide, drug overdoses and alcohol-related illness.” This is 171,000 more deaths than the mentioned Census Bureau projection. Third, U.S. immigration “has been trending flat to lower” and is subject to anti-immigration policies of the Trump Administration.

As has been argued in other posts in this blog, this demographic reality should cause U.S. citizens and government leaders to recognize that the U.S. needs more, not less, immigration.[3] This issue is especially timely in light of the Trump Administration’s recent reduction of the U.S. quota for refugee admissions to 18,000 for Fiscal 2020 and the imposition of a new requirement for state and local governments to provide written consents to resettlement of refugees, as has been discussed in other posts[4] as well as others to come in the near future.

Addition: On December 30, the U.S. Census Bureau issued its official population estimates for 2019 showing, as expected, a slowdown in overall growth of population and reduced population in 10 states: New York, Illinois, West Virginia, Louisiana, Connecticut, Mississippi, Hawaii, New Jersey, Alaska and Vermont.

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[1] Ramstad, Life in the 2020s: Slower growth will be the new normal in Minnesota, StarTribune (Dec. 29, 2019).

[2] Ip, The Demographic Threat to America’s Job Boom, W.S.J. (Dec. 18, 2019).

[3] See these posts in dwkcommentaries.com: Outstate Minnesota Newspaper Stresses Need for Immigrants (July 27, 2018); State of Minnesota Faces Increasing Shortage of Workers (Dec. 13, 2018); Rural Minnesota Endeavoring To Attract Younger People, dwkcommentaries.com (Sept. 2, 2019); Minnesota Facing Slowdown in Labor Force Growth, dwkcommentaries.com (September 3, 2019); Minnesota’s Challenges of Declining, Aging Population, dwkcommentaries.com (Oct. 2, 2019).

[4]  See the following posts to dwkcommentaries.com: U.S. Sets 18,000 Quota for New Refugee Admissions to U.S. for Fiscal 2020 (Nov. 4, 2019); U.S. Senators Oppose U.S. Reduction in Refugee Admissions for Fiscal 2020 (Nov. 11, 2019); Latest U.S. Struggle Over Refugees (Dec. 11, 2019); Minnesota and Minneapolis Say “Yes” to Refugees (Dec. 14, 2019); Update on States’ Consents to Refugees Resettlement (Dec. 16,2019); Tennessee Consents to Refugees Resettlement (Dec. 20, 2019). See also Global Refugee Forum, dwkcommentaries.com (Dec. 28, 2019).

 

Cuba Accuses U.S. of Using Ferrer Case To Try to Discredit Cuba

Since mid-October this blog has commented on Cuba’s arrest and detention of José Daniel Ferrer, the leader of Patriotic Union of Cuba (UNPACU). [1]

The Cuban Government had no official response to the many issues raised by this arrest and detention until November 20, when Granma, the official newspaper of the Communist Party of Cuba, published a lengthy statement alleging that Ferrer was acting as an agent of the U.S. [2]

The Granma Article

“The United States government has been conducting a new slander campaign to discredit Cuba, as part of its policy of increased hostility toward our country. Given the resistance of the Cuban people, celebrating the 500th anniversary of the capital [Havana] with optimism, a media effort is being mounted to distract attention from failed U.S. attempts to force the Cuban people to surrender by reinforcing the blockade and depriving us of fuel.”

The pretext for this U.S.media campaign “is the arrest of counter-revolutionary José Daniel Ferrer, a salaried agent of the United States, with a long history of provocative actions, disruption of public order, and violations of the law.”

The U.S. embassy in Cuba led by its chargé d’affaires “has been the fundamental . . . [instrument  for the] orientation, and financing of . . . Ferrer’s conduct, clearly interfering in Cuba’s internal affairs, openly inciting violence, promoting the disruption of order and contempt for the law by this citizen. . . .” [3]

“It is well known that, far from devoting its efforts to promoting bilateral ties, protecting the interests of the U.S. people and their government, and the development of peaceful relations between states, the U.S. diplomatic mission in Cuba, and particularly its chargé d’affaires, have in recent months focused on a failed effort to recruit mercenaries, promoting division and confusion among our people, identifying areas of the economy to attack with coercive measures, and attempting to slander and discredit the work of our government and the Revolution.”

“As usual, the [U.S.] practice of government officials repeating lies, over and over again, is a fundamental ingredient of the campaign.”

“Ferrer was arrested by the police on October 1, in response to a complaint filed by a Cuban citizen, accusing Ferrer and three other individuals of abducting him for an entire night, and giving him such a severe beating that his subsequent hospitalization was required.”

“Ferrer is awaiting trial. He has received a visit from his wife and children, as appropriate in accordance with Cuban regulations.. . . All references to his physical disappearance, to alleged physical abuse, to torture, or insufficient food, are absolutely false, lies deliberately conceived and disseminated by the United States government and its embassy in Havana. He has received proper medical assistance, performs regular physical exercises and, upon request, is provided religious attention.”

“For the record, it must be known, given his activity in the service of the United States government, that  . . . Ferrer has a criminal history of violent behavior, totally unrelated to political motivations. He has recorded violations of the law dating back to 1993. These include attacks with physical violence on other citizens, including women, and public disorder, behaviors that have increased in recent years.”

“It is nothing new for the U.S. government to use people with these characteristics to conduct its subversive activities in Cuba, including slander campaigns with unscrupulous support from the corporate media.”

Comments

The Cuban organization led by Ferrer, Patriotic Union of Cuba (UNPACU), denounced the Cuban government’s statement about him. [4] It said, “The one who does have a long history of murder, brutal beatings, torture, robbery, threats, slander and forced expatriations against his people, and more incisively against dissidents, is the Cuban regime.” The UNPACU statement added the following:

  • “The manifestations of popular discontent against the Cuban regime, which today thanks to the social networks of the Internet we can appreciate on a daily basis, are a direct consequence of 60 years of communist government of a single party that deprives Cuban citizens of fundamental rights and freedoms. which translates into a permanent state of material and spiritual crisis, which from time to time reaches critical levels like the current one.”
  • “In the name of ‘international revolutionary solidarity, the Cuban State trained and armed citizens of other nations on the Island to form guerrillas in their respective countries. Our organization receives unimpeded help from various foreign institutions that promote values ​​such as democracy, freedom, the rule of law and the division between the powers of the state, without which it is impossible for a government to guarantee and respect the human rights of its people.”
  • “With the help we receive, weapons, bombs and terrorism are not bought. With that help we buy printers and sheets to print thousands of copies of the Universal Declaration of Human Rights and distribute them to the population.”
  • “Regarding the slander against José Daniel Ferrer, we can say that in his case and in that of the Patriotic Union of Cuba there is no aggression against any member of the repressive bodies of the Cuban State during these years of activism.”
  • “UNPACU expressed concern about the “conditions of confinement of detainees, as well as the torture, cruel, degrading and inhuman treatment to which José Daniel Ferrer is being subjected, as his wife confirmed in a recent visit to the Aguadores prison in Santiago from Cuba, after 34 days of being kept missing. “
  • The organization held the Cuban regime responsible for the life of José Daniel Ferrer and his companions, and demanded his “immediate and unconditional freedom.”

The Miami Herald’s article about Cuba’s allegation that Ferrer was an U.S. agent added, “The Cuban prosecutor’s office charged Ferrer and three activists with causing ‘serious injuries’ to a person identified as Sergio García González at the UNPACU headquarters on Sept. 20. According to Granma, González accused them of ‘having kidnapped him for a whole night and beat him up, so he had to be admitted to a hospital.’” However, his wife, “Maribel Cabreja, [has said] that her husband told her the injuries were due to an accident on a motorcycle.” She “also confirmed that state security agents were pressing García González to blame Ferrer.” [5]

So far the U.S. has not responded to these allegations. When it does, they will added as a comment to this post or as a new post.

It is difficult for this non-Cuban blogger to reach a definitive conclusion on these issues. There is abundant evidence that the Cuban regime is hostile towards Cuban dissidents, for which the regime deserves criticism. On the other hand, the U.S. for many years has provided financing and support for what it now calls Cuba’s “Journey to Self-Reliance,” the total for which for FY2015 was stated to be $6.25 million.  It, therefore, is understandable that the Cuban government is suspicious of at least some Cuban dissidents, especially when the Trump Administration has adopted and implemented so many policies that are expressly hostile towards Cuba and when the U.S. is so much wealthier and stronger in military power.

Therefore, this blogger believes that Cuba should invite an U.N. organization or investigator to come to Cuba with unfettered access to Ferrer to assess his medical condition and issue a public report on the findings. In addition, Cuba should allow Ferrer to have an attorney and submit the claims against Ferrer to an independent international court or arbitrator to determine whether he is guilty or innocent. Finally, the U.S. should be compelled to submit a public report to that international court or arbitrator on whether the U.S. has provided any financial or other assistance to Ferrer and UNPACU.

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[1] U.S. Imposes New Sanctions on Cuba and Denounces Cuba’s Detention of Dissident, dwkcommentaries.com (Oct. 19, 2019)  In addition, these comments have been added to that post: Cuban Court Denies Habeas Corpus for Ferrer (Oct. 21, 2019); Ferrer’s Family Released from Detention (Oct. 26, 2019); More Pressure for Release of Ferrer (Oct. 31, 2019); Cuban Attorneys Say Cuban Regime Frequently Forcibly Disappears Its Citizens (Nov. 2, 2019); No Cuban Government Report on Status of Ferrer (Nov. 2, 2019); Washington Post Editorial Calls for Cuba To Release Ferrer (Nov. 9, 2019); Cuba Allegedly Using Venezuelan Torture Technique on Ferrer (Nov. 11. 2019). See also Amnesty International Reiterates Demand for Release of Ferrer, dwkcommentaries.com (Nov. 13, 2019).

[2] New US slander campaign UU. against Cuba, Granma (Nov. 21, 2019)(English edition); ‘A criminal with violent behavior,’ this is how the regime presents José Daniel Ferrer, Diario de Cuba (Nov. 20, 2019); Assoc. Press, Cuba accuses US diplomat of supporting illegal actions, Wash. Post (Nov. 20, 2019); Reuters, Cuba Accuses U.S. Embassy of Abetting Country’s Leading Dissident, N.Y. Times (Nov. 20, 2019).

[3] The previously cited Reuters article said, “The U.S. embassy in Havana last week posted on Twitter a video of its top diplomat Mara Tekach with Nelva Ismarays Ortega, partner of Ferrer” and “together they pled for his release.” Ortega added, “He has lost half his weight, he has lost a lot of his sight and voice. He has been beaten up and left without medicine, they haven’t let a doctor see him.”

[4] UNPACU: The Cuban regime [that] has a ‘long history’ of violence against the opposition, Diario de Cuba (Nov. 21, 2019).

[5] Gamez Torres, The Cuban government attacks its most notable political prisoner in unusual editorial, Miami Herald (Nov. 20, 2019).

U.S. Opposition to “Abortion” and “Sexual and Reproductive Health and Rights” at U.N. High-Level Meeting  

On September 23, 2019, the U.N. General Assembly held a High-Level Meeting on Universal Health Coverage that aimed to accelerate progress toward universal health coverage for everyone around the world, which would include access to health care services, medicines and vaccines in accordance with the U.N.’s 2030 Agenda for Sustainable Development, under which all countries have committed to try to achieve universal health coverage by 2030.[1]

At this High-Level Meeting, Alex Azar, the U.S. Health and Human Services Secretary, read a joint statement on behalf of the following 19 countries representing more than 1.3 billion people: the United States of America plus Africa (Democratic Republic of the Congo, Egypt, Libya, Mali, Nigeria, Sudan), Eastern Europe/North Asia (Belarus, Russia), Europe (Hungary, Poland), Latin America (Brazil, Guatemala, Haiti) and  Middle East (Bahrain, Iraq, Saudi Arabia, United Arab Emirates, Yemen).

The U.S. Joint Statement[2]

“We believe that health of women, men, children and adolescents supports and improves the overall health of our families and communities, and that the family is the foundational institution of society and thus should be supported and strengthened.”

“We commend the United Nations and the Member States on the significant work done on the Universal Health Coverage Political Declaration,[3] and for the high priority placed on expanding access to health care.”

“We therefore urge Member States to join us in focusing on the important work of expanding health and opportunities for all people, and especially those in situations of risk and/or vulnerability.”

“To make the most meaningful progress without delay or dissension, we respectfully call upon Member States to join us in concentrating on topics that unite rather than divide on the critical issues surrounding access to health care.”

We do not support references to ambiguous terms and expressions, such as sexual and reproductive health and rights in U.N. documents, because they can undermine the critical role of the family and promote practices, like abortion, in circumstances that do not enjoy international consensus and which can be misinterpreted by U.N. agencies.” (Emphasis added.)

Such terms do not adequately take into account the key role of the family in health and education, nor the sovereign right of nations to implement health policies according to their national context. There is no international right to an abortion and these terms should not be used to promote pro-abortion policies and measures.” (Emphasis added.)

Further, we only support sex education that appreciates the protective role of the family in this education and does not condone harmful sexual risks for young people.”  (Emphasis added.)

“We therefore request that the U.N., including U.N. agencies, focus on concrete efforts that enjoy broad consensus among member states. To that end, only documents that have been adopted by all Member States should be cited in U.N. resolutions.” (Emphasis added.)

“To this end, we also understand the important role the Sustainable Development Goals play in assisting countries realize their own path to universal health coverage, in accordance with national policies and legislation.”

“We strongly support the highest attainable health outcomes for women, men, children, and adolescents holistically and throughout their lives.”

We support equal access to health care, which includes, but is not limited to reproductive concerns, maternal health, voluntary and informed family planning, HIV, elimination of violence against women and girls, and empowerment to reach the highest standard of health.” (Emphasis added.)

“We support programs to improve the health, life, dignity, and well-being of women, men, children, and families, and we will continue to be their stalwart defender.”

“Let us focus on concrete issues and challenges to accelerate access to health for all.”

“To this end, international solidarity has a key role to play, in order to the build broad consensus by member states.”

Preceding U.S. Letter Urging Support of the Joint Statement[4]

Prior to this High-Level Meeting, Secretary Azar and U.S. Secretary of State Michael Pompeo reportedly sent a letter to at least some of the other U.N. members that were to attend this High-Level Meeting encouraging them to sign this joint statement opposing “harmful UN policies, especially at the World Health Organization, that promote sexual and reproductive health and rights” and “ensuring that every sovereign state has the ability to determine the best way to protect the unborn and defend the family as the foundational unity of society vital to children thriving and leading healthy lives.”

This letter reportedly also said, “We remain gravely concerned that aggressive efforts to reinterpret international instruments to create a new international right to abortion and to promote international policies that weaken the family have advanced through some United Nations forums.” Evidence of this [effort] is found in references throughout many multilateral global health policy documents to interpret ‘comprehensive sexuality education’ and ‘sexual and reproductive health’ and ‘sexual and reproductive health and rights’ to diminish the role of parents in the most sensitive and personal family-oriented issues. The latter has been asserted to mean promotion of abortion, including pressuring countries to abandon religious principles and cultural norms enshrined in law that protect unborn life.”

Other U.S. Challenges to U.N. Documents

This U.S. letter and the Joint Statement are consistent with prior efforts by the Trump Administration to delete and remove language from various U.N. agreements. Here are examples of this effort: (a) this April intense lobbying by U.S. officials resulted in the removal of references to sexual and reproductive health from a UN security council resolution on combatting rape in conflict; and (b) the U.S.previously attempted to water down language and remove the word “gender” from UN documents.

On September 24 Secretary Azar remained at the U.N. to attend President Trump’s address to the General Assembly and to meet with other governments representatives. He also was interviewed on Tony Perkins’ “Washington Watch” radio program  [5]

Opposition to U.S. Joint Statement[6]

The Netherlands’ Minister of Foreign Trade, Sigrid Kaag, spoke out in a competing joint statement issued on behalf of 58 countries. Although it did not mention the U.S. Joint Statement or use the word “abortion,” her joint statement clearly opposed the U.S. position. Her main points were the following: (1) “We strongly believe that SRHR [Sexual Reproductive Health and Rights] is an integral part of Universal Health Coverage and the SDGs [Sustainable Development Goals]. (2) “Investing in SRHR has proven to be affordable, cost-effective, and cost saving.” (3) “Gender-related barriers to accessing UHC [Universal Health Care] must be addressed, including by direct involvement of women, adolescents and marginalized groups in policy and program design.” (4) “Investing in comprehensive sexual and reproductive health services in UHC is necessary to address the needs of women, girls, adolescents and people in the most marginalized situations who need these the most.”

Sweden’s Minister for International Development Cooperation tweeted that the action was “unbelievable news” and that “women’s rights must be protected at all times.” Another objector was Françoise Girard, president of the International Women’s Health Coalition, who said that “sexual and reproductive rights are human rights, and are enshrined in UN agreements for almost 25 years now” and that “the Trump administration’s position is extreme and its repeated attempts to strip women, girls, and gender- diverse people of their rights at the United Nations have failed.”

Shannon Kowalski, director of advocacy and policy at the International Women’s Health Coalition, said the Pompeo-Azar letter “shows how they are trying to erode international consensus and roll back the clock for women and girls. It’s not just abortion that they care about, they care about women’s ability to exercise autonomy over their bodies and about denying them critical access to the services they need.” That Pompeo and Azur both signed the letter suggests an escalation of the US strategy to undermine policy statements, she added.

Keifer Buckingham, senior policy adviser for international public health at the Open Society Foundations, said that rather than an escalation, “it could be them just putting out in public what they have been doing in private.” She said the US was effectively sending a message of “if you’re not with us, you’re against us”, which could have funding implications.

Other civil society and women’s rights groups expressed alarm at the efforts and accused the U.S. of aligning with countries like Saudi Arabia and Sudan with poor human rights records and, also, of putting unfair pressure on poor countries that depend on U.S. aid.

Support for U.S. Joint Statement[7]

On the other side of this controversy were anti-abortion groups that praised the statement as a sign of the administration’s “strong pro-life leadership on the world stage.” For example, the group Susan B. Anthony (SBA ) List issued a statement, saying, “From day one, President Trump has worked to restore respect for life as a foundational American value, not only in our domestic policies, but in our international relations as well.”

Conclusion

This speech by Secretary Azar, the preceding letter and the U.S. lobbying for other nations’ support against abortion and reproductive health can be seen as confirmation of fears that the U.S. Commission on Unalienable Rights that was announced this June was designed to put a gloss of respectability on efforts to attack women’s rights and to appeal to the Administration’s base of very conservative religious supporters.[8]

As noted in other posts, this U.S. Commission emphasizes the July 4, 1776, U.S. Declaration of Independence’s statement “that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these, are life, liberty, and the pursuit of happiness.” But the Commission ignores that phrase’s indications that “life, liberty, and the pursuit of happiness” are “among” certain unalienable rights; i.e., there are other such rights. Moreover, the Commission ignores the very next sentence of that Declaration: “That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” In other words, this Declaration recognizes that these recited rights need to be “secured” by subsequent legislation that will have details not specified in this Declaration. (Emphasis added.)

Moreover, the U.S.-promoted Joint Statement’s requiring all 193 U.N. members to adopt a U.N. document or treaty as a precondition for them to be used in other U.N. documents would give every one of those members a veto right on the subsequent use of those documents or treaties. Is there any such document or treaty that has such unanimous approval? (That is exceedingly unlikely.) It also is  antithetical to the provisions of such treaties requiring a certain number of ratifications in order for the treaties to go into effect for the parties to the treaties. In short, this provision of the Joint Statement would totally prevent progress on these and many other issues.[9]

In short, the U.S. positions expressed in the U.N. speech by Secretary Azar were most unfortunate.

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[1] HHS Dep’t, Secretary Azar Represents the United States During UNGA High-Level Meeting on Universal Health Care Coverage (Sept. 23, 2019); U.N. Gen. Ass’bly, uhc 2030.

[2] U.S. HHS Dep’t, [Secretary Azar], Remarks on Universal Health Coverage (Sept. 23, 2019); Howard, U.S. wants the U.N. to oppose terms such as “reproductive health and rights” in policies, CNN (Sept. 23, 2019).

[3] The Political Declaration stated that the High-Level Meeting will have “a dedicated focus for the first time on universal health coverage . . . and [a strong recommitment] to achieve universal health coverage by 2030” with 83 numbered paragraphs of specific actions towards that goal. (U.N. Gen. Ass’bly, Political Declaration on the High-level Meeting on Universal Health Coverage (Sept. 10, 2019).)

[4] Cha, U.S. joins 19 nations, including Saudi Arabia and Russia: ‘There is no international right to an abortion, Wash. Post (Sept. 24, 2019); Ford, Leaked letter suggests US is rallying UN members to oppose abortion, Guardian (Sept. 23, 2019).

[5] HHS Dep’t, Secretary Azar Attends Presidential Address at UNGA, Furthers U.S. Partnerships on Health through Bilateral Meetings (Sept. 24, 2019).

[6] Netherlands Ministry Foreign Affairs, Joint Statement on SRHR in UHC (Sept. 23, 2019).

[7] SBA List, Pro-Life Groups Praise Trump Admin’s Defense of Life at the UN (Sept. 24, 2019).

[8] See posts to dwkcommentaries about the Commission on Unalienable Rights.

[9]  See List of Posts to dwkcommentaries—Topical: Law (TREATIES).

 

 

 

 

Decline of U.S. Visitors to Cuba   

In June 2019, the U.S. instituted a ban on cruise ships from a U.S. port going to Cuba. It had an immediate impact. That same month the number of U.S. visitors was down 20% from the prior June. And the similar figures for July 2019 were down 23.6%, and the Cuban government reduced its forecast of foreign visitors for the entire year to 4.3 million from the original forecast of more than 5 million; the new forecast is 8.5% drop from the 4.7 million visitors in 2018.[1]

This decline is impacting the state tourism sector as well as the many restaurants, bed-and-breakfasts and taxi drivers in the fledgling Cuban private sector that the U.S. says it wants to support. Some foreign companies in Cuba’s tourism sector also have been adversely affected by the U.S. recently permitting lawsuits by U.S. nationals claiming expropriation of their Cuban properties.

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[1] Reuters, Tourism to Cuba Plunges After Trump’s Tightening of Travel Ban: Data, N.Y. Times (Aug. 21, 2019).

 

Senators Express Deep Concern Over Commission on Unalienable Rights

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

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

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

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

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

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

Conclusion

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

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

Criticism of the U.S. Commission on Unalienable Rights

On July 8, 2019, the U.S. State Department launched the U.S. Commission on Unalienable Rights.[1] This new Commission deserves both commendation and criticism. Its positive points were discussed in a prior post. Now we look at the many legitimate criticisms of this new institution.

Erroneous Premise

The basic premise for the Commission was stated by Secretary Pompeo In his remarks at its launching, when he alleged, without proof, that “international institutions designed and built to protect human rights have drifted from their original mission” and that they and nation-states “remain confused about their respective responsibilities concerning human rights.” Therefore, the Secretary asserted that “the time is right for an informed review of the role of human rights in American foreign policy” and that the Commission was charged with straightening all of this out.

This premise, however, is erroneous. The body of human rights law today is very extensive as developed by U.S. and other national and international courts and institutions. For example, an edition of a major U.S. book on the subject, primarily for law students, has 1,259 well-documented pages plus a 737 page collection of selected human rights instruments and bibliography.[2] Like any large body of law developed by different courts and institutions over time, there will be an ongoing effort to eliminate or minimize inconsistencies. But an informed knowledge of this body of law and institutions would show that these international institutions have not “drifted from their original mission.” Nor are nation states confused about their responsibilities in this area.

Secretary Pompeo’s pious assertions of the need to ascertain what human rights mean were castigated by Roger Cohen, a New York Times columnist. “There is no need to reinvent the wheel, Mr. Secretary. A lot of bipartisan and international consensus, consolidated over the postwar decades, in the aftermath of the Holocaust and other horrors, exists as to what human rights are and what America’s role in defending them should be.”[3]

Pompeo also has claimed that the continued violations of human rights shows that there is confusion about the law. That is also false. Yes, there continue to be violations, showing the inherent weaknesses of human beings and institutions, but not confusion about the law. If this were a valid argument, then would ridiculously claim that the laws against murder and other forms of homicide were confusing because such horrible acts still occur.

Erroneous Reference to Natural Law

The U.S. Declaration of Independence refers generally to “the laws of nature and of nature’s God” and states that men “are endowed by their Creator with certain unalienable rights; that among these, are life, liberty, and the pursuit of happiness.” This is the purported basis for the Commission’s Charter saying it will provide the Secretary with “fresh thinking about human rights and . . . reforms of human rights discourse where it has departed from our nation’s founding principles of natural law and natural rights.” (Para. 3) (emphasis added).

Secretary Pompeo made this same argument in his July 7 article in the Wall Street Journal, where he said, “When politicians and bureaucrats create new rights, they blur the distinction between unalienable rights and ad hoc rights created by governments.”

Roger Cohen, a New York Times columnist, criticized this reference to the concept of natural law and natural rights, circa 1776, by reminding us that ”these ‘natural rights’ at the time, of course, included chattel slavery and the dehumanization of black people, as well as the disenfranchisement of women.” In short, “the ‘natural’ rights of 1776 are not the human rights the [U.S.] helped codify in 1948 [in the Universal Declaration of Human Rights].”

Moreover, Secretary Pompeo and others at the State Department apparently forgot to read the very next sentence of the U.S. Declaration: “That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” (Emphasis added.) In other words, the U.S. government subsequently was established by the U.S. Constitution “to secure these rights [mentioned in the Declaration of Indepence]” and its later enactment of human rights statutes and regulations are based upon “the consent of the governed.” These are not “ad hoc” laws (a legal category not known to this attorney-blogger) as Secretary Pompeo dismissively calls them.

Similar language occurs in the Universal Declaration of Human Rights: “[H]uman rights should be protected by the rule of law” (Preamble); “Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms” (Preamble).[4] In other words, there will need to be additional treaties and laws to protect and secure these rights. This point was emphasized by the Commission’s Chair, Mary Ann Glendon in her book about the Universal Declaration: “The Declaration’s principles, moreover, have inccreasingly acquired legal force, mainly through incorporation into national legal systems.”

Indeed, the New York Times contemporaneously reported with the adoption of the UDHR in December 1948, “The United Nations now will begin drafting a convention that will be a treaty embodying in specific detail and in legally binding form the principles proclaimed in the declaration.” One such treaty was the International Covenant on Civil and Political Rights, which entered into force on March 23, 1976, which was “three months after the date of the deposit with the Secretary-General of the United Nations of the 35th instrument of ratification or instrument of accession.” (Art. 49(1)) The U.S., however, did not ratify this treaty until April 2, 1992, when the U.S. Senate granted its “advice and consent” to same with certain “understandings” and reservations, and this treaty did not enter into force for the U.S. until September 8, 1992.[5]

The U.N. system has created many other multilateral human rights treaties and other international institutions to interpret those rights, resolve conflicts among them and disputes about compliance with them.[6]

Possible Invalid Objectives

Actions and words of the current U.S. Administration have led some critics of this Commission to speculate that the Commission is a ruse to conceal the Administration’s true objectives: eliminate legal rights to abortions and other reproductive procedures and to LGBBTQI individuals. If that is the case, then the Commission is a fraud.

The Chair of the House Foreign Affairs Committee, Rep. Eliot Engel (Dem., NY) says, “This commission risks undermining many international human-rights norms that the United States helped establish, including LGBTQI rights and other critical human-rights protections around the world. . . . [and now] the Secretary wants to make an end run around established structures, expertise, and the law to give preference to discriminatory ideologies that would narrow protections for women, including on reproductive rights; for members of the LGBTQI community; and for other minority groups.”

The American Jewish World Service through its Its director of government affairs, Rori Kramer, denounced the creation of the commission because of what it said was a religious bent to the panel. “As a Jewish organization, we are deeply skeptical of a government commission using a narrow view of religion as a means to undermine the ecumenical belief of respecting the dignity of every person, as well as the fundamental human rights enshrined in the Universal Declaration of Human Rights. We fear this commission will use a very particular view of religion to further diminish U.S. leadership on human rights.”

As University of Chicago Law Professor Eric Posner observed, the Commission’s “plainly stated goal is not just to wipe away the baleful foreign influences of human rights ‘discourse’ but to revive [conservative] 18th century natural law . . . . [and] an indirect endorsement of contemporary [Roman] Catholic conservative intellectuals.”

Another professor, Clifford Rob of Duquesne University, believes the Commission is “ likely to champion the ‘natural family’ and ‘traditional values,’ to claim that individual self-defense is another natural and unalienable right and to express hostility to economic and cultural rights.

Rebecca Hamilton, an Assistant Professor of Law at American University Washington College of Law and a former prosecutor for the International Criminal Court and a former employee of the International Criminal Tribunal for the former Yugoslavia,warned that the “’natural law’ language was code for religiously-infused opposition to reproductive rights and to protections for members of the LGBTQ community.” She points out that the concept for this Commission was proposed by Professor Robert George, a “staunch opponent of same-sex marriage and co-founder of the anti-gay rights group, National Organization for Marriage.”[7]

Other Legitimate Sources of Human Rights Were Ignored

The Trump Administration’s statements about the Commission seem to be saying that only the U.S. Declaration of Independence and the Universal Declaration of Independence are the only ones that count and that studying them will yield only one set of answers on the many issues of human rights. That is clearly erroneous, in this blogger’s opinion.

The Declaration of Independence, in addition to talking about “life, liberty, and the pursuit of happiness” says that they are “among” the category of “certain unalienable rights.” Thus, there are other rights in that category. In addition, there undoubtedly are times when there are conflicts among “life, liberty and pursuit of happiness” and the other such rights that will need to be resolved.

Most importantly, the U.S. Declaration says “to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” In other words, governments need to enact statutes and rules to protect and secure these rights, and the need for “consent of the governed” inevitably leads to arguments and disputes about the content of such statutes and rules and to the need, from time to time, to amend those statutes and rules and adopt new ones, as circumstances change as they certainly have in the 243 years since the adoption of the U.S. Declaration.

Indeed, the U.S. federal and state governments have enacted many statutes and rules to protect and secure human rights. And they should not be ignored or dismissed as “ad hoc” measures as Secretary Pompeo did in his article in the Wall Street Journal.

The Universal Declaration is subject to the same qualifications. It identifies more rights than the four specifically mentioned in the U.S. Declaration, but there undoubtedly will be conflicts among those rights that will need resolution.

Moreover, the Preamble of the Universal Declaration says that “human rights should be protected by the rule of law [outside that document itself]” and that “Member States have pledged to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms.” This U.N. document also proclaims “that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive . . . by progressive measures, national and international, to secure their universal and effective recognition and observance.” In other words, there will need to be additional treaties and laws to protect and secure these rights.

The Commission’s Membership May Not Comply with Federal Law

 Under the Federal Advisory Committee Act of 1972 (Pub. L. 92-463), “the function [of such] advisory committees [or commissions] shall be advisory only, and that all matters under their consideration should be determined in accordance with law, by the official, agency, or office involved.”[8]

Moreover, under this federal statute, the committee or commission members must be “drawn from nearly every occupational and industry group and geographical section of the United States and its territories”  and must be “fairly balanced in terms of the points of view represented and the functions to be performed.” (Emphasis added.)

Although as noted in a prior post, the resumes of this Commission’s members are impressive, some critics have questioned the balance of their views on the central issues facing the Commission..

Another federal law that may have been violated in the establishment of this Commission is the failure to seek and obtain the counsel of the Department’s Bureau of Democracy, Human Rights and Labor, which is charged with championing “American values, including the rule of law and individual rights, that promote strong, stable, prosperous, and sovereign states. We advance American security in the struggle against authoritarianism and terrorism when we stand for the freedoms of religion, speech, and the press, and the rights of people to assemble peaceably and to petition their government for a redress of grievances.”

Conclusion

Therefore, contemporary advocates of international human rights need vigilantly to observe the work of the Commission, applaud its work when appropriate and critique that work on other occasions.

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[1] See these posts to dwkcommentaries.com, which contain citations to many of the references in this post: Is Trump Administration Attempting To Redefine International Human Rights? (June 16, 2019); Other Reactions to State Department’s Commission on Unalienable Rights (June 17, 2019); More Thoughts on Commission on Unalienable Rights (June 18, 2019); U.S. Commission on Unalienable Rights: Developments (July 4, 2019); U.S. Commission on Unalienable Rights Is Launched (July 8, 2019); More Comments on Commission on Unalienable Rights (July 9, 2019);; The Importance of the Universal Declaration of Human Rights (July 11, 2019); Additional Discussion About the U.S. Commission on Unalienable Rights (July 18, 2019); The U.S. Commission on Unalienable Rights: Partial Commendation (July 19, 2019).

[2] See Weissbrodt, Ní Aoláin, Fitzpatrick & Newman, International Human Rights: Law, Policy, and Process (4th ed. 2009); Weissbrodt, Ní Aoláin, Rumsey, Hoffman & Fitzpatrick, Selected International Human Rights Instruments and Bibliography for Research on International Human Rights Law (4th ed. 2009). Professor Weissbrodt also has published an online “Supplementary Materials” for the casebook.

[3] Cohen, Trump’s Ominous Attempt to Redefine Human Rights, N.Y. Times (July 12, 2019).

[4] See The Importance of the Universal Declaration of Human Rights, dwkcommentaries.com (July 11, 2019).

[5] U.S. Ratification of the International Covenant on Civil and Political Rights, dwkcommentaries.com (Feb. 5, 2013).

[6] See the posts listed in List of Posts to dwkcommentaries—Topical: Law (TREATIES), including those that identify the treaties ratified by the U.S.; those signed, but not so ratified; and those not signed and ratified by the U.S.

[7] Hamilton, EXCLUSIVE: Draft Charter of Pompeo’s “Commission on Unalienable Rights” Hides Anti-Human Rights Agenda, Just Security June 5, 2019). Just Security publishes “crisp explanatory and analytic pieces geared toward a broad policy, national/international security, and legal audience; and (2) deep dives that examine the nuances of a particular legal issue.”

[8] Federal Advisory Committee Act, secs. 2(b)(6), 5(b)(2);  Gen. Services Admin., The Federal Advisory Committee Act (FACA).

 

 

 

State Department Unjustly Downgrades Cuba in Annual Report on Human Trafficking

On June 20, 2019, the U.S. State Department released its 2019 Trafficking in Persons Report, as required by the U.S. Trafficking Victims Protection Act of 2000, as amended (TVPA).[1]

After examining this statute’s framework, we will look at the report’s flawed concentration of its discussion of Cuba on its  foreign medical mission program.

The Statutory Framework[2]

Severe forms of trafficking in persons.” That statute defines “severe forms of trafficking in persons” as: “sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age;” or “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.” (Emphasis added.)

Minimum Standards for the elimination of trafficking in persons.” This phrase in the statute is defined as follows:

  • “(1) The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking. “
  • “(2) For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim of sex trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or which causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault.”
  • “(3) For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense.”
  • “(4) The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons.”

The statute then goes on with great detail on 12 indicia of “serious and sustained efforts” as used in the last of these four minimum standards.

Finally the statue sets forth the following four categories or “tiers” for ranking all countries of the world in the State Department’s annual reports:

  • Tier 1. “Countries whose governments fully meet the TVPA’s minimum standards for the elimination of trafficking.”
  • Tier 2. “Countries whose governments do not fully meet the TVPA’s minimum standards but are making significant efforts to bring themselves into compliance with those standards.”
  • Tier 2 Watch List. “Countries whose governments do not fully meet the TVPA’s minimum standards but are making significant efforts to bring themselves into compliance with those standards, and for which: a) the absolute number of victims of severe forms of trafficking is very significant or is significantly increasing; b) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecution, and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials; or c) the determination that a country is making significant efforts to bring itself into compliance with minimum standards was based on commitments by the country to take additional steps over the next year.”
  • Tier 3. “Countries whose governments do not fully meet the TVPA’s minimum standards and are not making significant efforts to do so. No tier ranking is permanent. Every country, including the United States, can do more. All countries must maintain and continually increase efforts to combat trafficking.”

2019 Report on Cuba (Tier 3)[3]

Preliminarily it should be noted that Inclusion in Tier 3 allows the president to introduce  restrictions on U.S. non-humanitarian, non-trade-related assistance, but the U.S. currently does not provide any such aid  to Cuba and there is no prospect of any such new aid being offered. [4]

The Report’s summary of the reasons for the 2019 ranking included the following: “The Government of Cuba does not fully meet the minimum standards for the elimination of trafficking and is not making significant efforts to do so; therefore Cuba was downgraded to Tier 3. Despite the lack of significant efforts, the government took some steps to address trafficking, including prosecuting sex traffickers and one labor trafficker and imprisoning sex tourists engaged in child sex trafficking. However, the government did not take action to address forced labor in the foreign medical mission program, despite persistent allegations Cuban officials threatened and coerced some participants to remain in the program.” (Emphasis added.)

The Report’s ”Prioritized Recommendations” for Cuba had two relevant points. First, :“Implement policies to prohibit force, fraud, or coercion by foreign labor recruiters and state-owned or controlled enterprises, including foreign medical missions in recruiting and retaining employees.” Second,  Ensure participants in the foreign medical missions program retain control of their passports.” (Emphases added.)

The final section of the report on Cuba (“Trafficking Profile”) was devoted almost entirely to its foreign medical mission program. It stated, “the government employed between 34,000-50,000 healthcare professionals in more than 60 countries in Africa, the Americas, Asia, the Middle East, and Portugal in foreign medical missions through contracts with foreign governments and, in some countries, with international organizations serving as intermediaries. In November 2018, Cuba ended the five-year-old “Mais Medicos” medical mission program in Brazil, which was facilitated by a UN-affiliated organization, following demands from Brazil’s then president-elect to improve the treatment and employment conditions of Cuban healthcare professionals after allegations of coercion, non-payment of wages, withholding of passports, and restrictions on their movement. In November 2018, Cuban healthcare workers filed a class action in the U.S. District Court Southern District of Florida under the Trafficking Victims Protection and the Racketeering Influenced and Corrupt Organization Acts alleging the Cuban government profited from the export of healthcare professionals; the case remains pending. In Brazil, the Cuban government collected revenue for each professional’s services and paid the worker a fraction of the revenue depositing a large percentage of the worker’s wages in an account in Cuba only accessible upon completion of the mission and return to Cuba. The Cuban government collected approximately 7.2 billion pesos ($7.2 billion) in annual revenue from the export of services, including foreign medical missions in 2017. Some participants in foreign medical missions as well as other sources allege Cuban officials force or coerce participation in the program; the government has stated the postings are voluntary, and some participants also have stated the postings are voluntary and well-paid compared to jobs within Cuba. Observers report the government does not inform participants of the terms of their contracts, making them more vulnerable to forced labor. The Cuban government acknowledges that it withholds passports of overseas medical personnel in Venezuela; the government provided identification cards to such personnel. Some Cuban medical personnel claim they work long hours without rest and face substandard working and living conditions in some countries, including a lack of hygienic conditions and privacy. Observers note Cuban authorities coerced some participants to remain in the program, including by withholding their passports, restricting their movement, using “minders” to conduct surveillance of participants outside of work, threatening to revoke their medical licenses, retaliate against their family members in Cuba if participants leave the program, or impose criminal penalties, exile, and family separation if participants do not return to Cuba as directed by government supervisors.” (Emphasis added.)

Reaction

The contention that Cuban medical personnel in Cuba’s foreign medical mission program are engaged in forced labor is meritless for at least the following reasons:

  • Medical education in Cuba is free and requiring medical graduates to pay the country back by such participation seems entirely appropriate and may indeed be a contractual or quasi-contractual obligation.
  • International medical aid has been a significant part of the Cuban people’s tradition of international solidarity, and some Cuban medical personnel have said that such service had a major positive impact on their lives and medical careers.
  • The relevant standard for evaluating the allegation that Cuba’s international medical mission program violates international law is the International Labor Organization’s Forced Labour Convention, 1930.[5]
  • That multilateral Convention or treaty provides that “for the purposes of this Convention, the term forced or compulsory labour shall not include . . . any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country.” (Art. 2(2)(b).)[6]
  • Although it is true that the Cuban government receives direct payment from other countries for the foreign medical mission program and that the Cuban government retains some of those payments before paying the Cuban medical professionals, it also is true that such payments to those professionals exceed what they would have earned for similar services in Cuba. In addition, some of the payments to the Cuban professionals are deposited in Cuban accounts only accessible upon their completion of service and return to Cuba. But such practices do not constute proof of forced labor.
  • While it also is true that some Cuban medical professionals who have participated or are now participating in the foreign medical mission program allege that they were coerced into doing so, the report indicates that the Cuban government and other participants deny that allegation and that there has been no independent adjudication of that allegation.
  • Also relevant to this allegation is Cuban medical professionals undoubted awareness of the significantly higher compensation they potentially could obtain if they were able to relocate in the U.S. or certain other countries.
  • A detailed study by Indiana State University’s Emeritus Professor of International Politics and Latin America, Dr. H. Michael Erisman, has rejected this accusation of forced labor.[7]

The latest report on Cuba also fails to mention that the U.S. and Cuba apparently had friendly bilateral discussions about human trafficking during the Obama Administration (2015 through January 17, 2017) and the Trump Administration (2017-2018).[8]

The hypocrisy of the State Department’s repeated assertion of this claim of forced labor without recognizing the Forced Labour Convention is shown by Secretary of State Pompeo’s congratulating the ILO on its centennial anniversary only one day after the release of the 2019 Trafficking in Persons Report.[9] The Secretary said:

  • “The dignitaries that convened in Paris in 1919 to end the Great War knew that any lasting peace needed to be rooted in the protection of individual rights, including the rights of workers and employers to associate freely and bargain collectively. “
  • The United States proudly hosted the first International Labor Conference in 1919 and the “war-time conference that enshrined the ILO’s enduring founding principles and aims in the Declaration of Philadelphia.[ [10]] As strong supporters of the ILO and its mission, we reflect on the important role played by Americans to create and sustain this organization, including David Morse, who served as ILO Director-General for 22 years, and under whose leadership the ILO won the Nobel Peace Prize.”
  • “As the ILO enters its second century pursuing objectives critical to economic prosperity and security around the world, the United States recommits itself to advancing the rights of workers globally.

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[1] State Dep’t, 2019 Trafficking in Persons Report (June 20, 2019) [“2019 Report”]; State Dep’t, Secretary of State Michael R. Pompeo at the 2019 Trafficking in Persons Report Launch Ceremony (June 20, 2019).

[2] Report at 36-37, 40-41, 48.

[3] Report at 162-64..

[4] Reuters, U.S. Human Trafficking Report Drops Child Separation Warning, N.Y. Times (June 20, 2019). Some of the State Department’s prior reports about trafficking in Cuba are discussed in the following posts to dwkcommentariess.com: U.S. Upgrades Cuba in State Department’s Annual Report on Human Trafficking (Aug. 7, 2015); Comment: Cuba’s International Medical Mission Doctors’ Reflections (Nov. 30, 2015); U.S. State Department’s 2015 Human Trafficking Report’s Objectivity About Cuba Is Still Unresolved (Nov. 16, 2015); U.S. Reasserts Upgrade of Cuba in Annual Human Trafficking Report (July 2, 2016); U.S. Senate Hearing on 2016 Trafficking in Persons Report (July 20, 2016); Cuba’s Unchanged Status in U.S. State Department’s Annual Report on Human Trafficking (Aug. 13, 2017); Cuba Remains on “Tier 2 Watchlist” in U.S. State Department’s Annual Human Trafficking Report (July 1, 2018).

[5] ILO, Forced Labour Convention, 1930 (No. 29). Cuba ratified the Convention on Forced Labour on October 8, 1953. The U.S., however, has not so ratified.

[6] The above provision of this Convention was reaffirmed in the Protocol of 2014 to the Forced Labour Convention, 1930, (Art. 1(3) (“The definition of forced or compulsory labour contained in the Convention is reaffirmed. . . .”)

[7] Erisman, Brain Drain Politics: the Cuban Medical Professional Parole Programme, Int’l J. Cuban Studies 269, 286-87 (2012).

[8] See these posts to dwkcommentaries.com.: This Week’s U.S.-Cuba Meetings in  Havana  (Jan. 18, 2015); U.S.-Cuba Bilateral Commission Sets Agenda for Future Discussions of Remaining Issues (Sept. 12, 2015); Results of Second Meeting of U.S.-Cuba Bilateral Commission (Nov. 11, 2015); United States-Cuba Bilateral Commission Meets To  Review Normalization Status (May 18, 2016); U.S. and Cuba Hold Another Meeting of the Bilateral Commission (Sept. 30, 2016);  U.S. and Cuba Continue To Implement Normalization of Relations (Jan. 17, 2017); U.S. and Cuba Hold Biannual Migration Talks (Dec. 12, 2017); U.S. and Cuba Hold Discussions About Human Trafficking and Migration Fraud (Dec. 15, 2017); U.S. and Cuba Continue To Confer Over Common Concerns (Feb.15, 2018).

[9] State Dep’t, On the Centenary of the Founding of the International Labor Organization (June 21, 2019).

[10] The Declaration of Philadelphia, was adopted in that city on May 10, 1944, by the ILO to restate its traditional objectives while also recognizing the centrality of human rights to social policy and the need for international economic planning. (Declaration of Philadelphia, Wikipedia.)