Tag: Turkmenistan

Former Cuban Judge Criticizes Cuban Legal System   

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

González Jiménez’s Comments

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

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

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

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

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

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

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

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

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

Javier Larrondo’s Comments

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

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

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

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

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

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

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

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

Conclusion

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

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

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

 

 

State Department’s Latest Report on International Religious Freedom

On June 21, 2019, the U.S. State Department released its 2018 Report on International Religious Freedom in every other country in the world in accordance with the International Religious Freedom Act of 1998 (P.L. 105-292). The Report’s stated focus is describing other government’s “policies violating religious belief and practices of groups, religious denominations and individuals, and U.S. policies to promote religious freedom around the world.” [1]

Here is an overview of that report and a subsequent post will discuss its report on Cuban religious freedom.

Overview

The initial draft of the report for each country is prepared by the U.S. Embassy in that country “based on information from government officials, religious groups, nongovernmental organizations, journalists, human rights monitors, academics, media, and others.”

That draft then is reviewed and modified by the State Department’s Office of International Religious Freedom in Washington, D.C. based on additional information from “consultations with foreign government officials, domestic and foreign religious groups, domestic and foreign nongovernmental organizations, multilateral and other international and regional organizations, journalists, academic experts, community leaders, and other relevant U.S. government institutions.”

The Department says its “guiding principle is to ensure that all relevant information is presented as objectively, thoroughly, and fairly as possible.  Motivations and accuracy of sources vary, however, and the Department of State is not in a position to verify independently all information contained in the reports.” (Emphasis in original.)

Appropriately annexed to the Report were the texts of the following documents on this subject:

  • [U.N. General Assembly]Universal Declaration of Human Rights, Art. 18 (1948) (“Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance.”) (App. A);
  • [U.N. General Assembly Resolution (1966)] International Covenant on Civil and Political Rights, App. B): Art. 18(1)(“ 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.” Art 18(2)(“ No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.” Art. 18(3)(“ 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.” Art. 20(2)(“ Any advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”)
  • [U.N. General Assembly] Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief [Nov. 25, 1981](App. C)(reiteration of above Covenant with additional provisions).
  • Religious Freedom Commitments and Obligations From Regional Bodies and Instruments (European Union: Charter of Fundamental Rights; Organization for Security and Cooperation in Europe (OSCE), Helsinki Final Act; (App. D); OSCE, Vienna Concluding Document; OSCE, Copenhagen Concluding Document; African Union, African Charter on Human and Peoples’ Rights; Organization of American States (OAS), American Declaration of the Rights and Duties of Man; OAS, American Convention on Human Rights).
  • Department of State Training Related to the International Religious Freedom Act—2018 (App. E).
  • Department of Homeland Security and the International Religious Freedom Act (App. F);
  • Overview of U.S. Refugee Policy (App. G).

“Countries of Particular Concern” (CPC) & ”Special Watch List”[2]

 Under the International Religious Freedom Act of 1998, the Secretary of State (by presidential delegation) is required to designate as a Country of Particular Concern (CPC) “each country the government of which has engaged in or tolerated systematic, ongoing and egregious violations of religious freedom.”

In addition, under the Frank R. Wolf International Freedom Act of 2016, the Secretary (by presidential delegation) is required to designate a country to the Special Watch List if it does not meet “all of the CPC criteria but engages in or tolerates severe violations of religious freedom.”

As of November 28, 2018, the Secretary designated as CPCs Burma, China, Eritrea, Iran, North Korea, Pakistan, Saudi Arabia, Sudan, Tajikistan, and Turkmenistan. In addition, the Secretary designated Comoros and Uzbekistan to the Special Watch List.

The just released 2018 Report apparently does not have a separate section on CPCs, but an examination of its Country Reports for those just listed as CPCs reveals that all continue in that status. In addition, Comoros and Uzbekistan continue on the Special Watch List with the addition of Russia.

 Ambassador Sam Brownback’s Role and Remarks

This report was prepared under the direction of Ambassador at Large for International Religious Freedom Sam Brownback,[3] with guidance from officials in the Bureau of Democracy, Human Rights, and Labor (DRL).

At the launch of this report, Ambassador Brownback provided a Special Briefing.[4] He started with this alarming comment, “The fight against religious freedom is mounting. There was a report that 80 percent of people live in places where religious freedom is under attack, yet most of the world organizes their life around a set of religious beliefs.”

As a result, he said, the U.S. is working to “see the iron curtain of religious persecution come down; until governments no longer detain and torture people for simply being of a particular faith or associated with it; until people are no longer charged and prosecuted on specious charges of blasphemy; until the world no longer believes it can get away with persecuting anyone of any faith without consequences.”

The Ambassador then had critical comments about this freedom in Iran, China, Eritrea, Turkey and Nicaragua.

Secretary of State Pompeo’s Remarks[5]

Also at the launch of this report, Secretary of State Pompeo made remarks. He noted that Uzbekistan had made improvements and no longer was a “Country of Particular Concern.” Also complimented for specific improvements on this subject were Pakistan and Turkey. But the Secretary specifically criticized Iran, Russia, Burma and China. Finally he noted that the Department in mid-July will be hosting the second annual Ministerial To Advance Religious Freedom.

Conclusion

As noted above, a future post will examine how the above background was applied to the report about Cuban religious freedom.

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[1] State Dep’t, 2018 Report on International Religious Freedom (June 21, 2019) This blog has commented on religious freedom in the “International Religious Freedom” section of List of Posts to dwkcommentaries—Topical (RELIGION).

[2] State Dep’t, Frequently Asked Questions: IRF Report and Countries of Particular Concern (circa Nov. 28, 2018).

[3] Ambassador Brownback, a Republican, is a former Kansas Secretary of Agriculture (1986-93), U.S. Representative (1995-96), U.S. Senator (1996-2011) and Governor (2011-18). (Sam Brownback, Wikipedia.)

[4] State Dep’t, Special Briefing: Ambassador at Large for International Religious Freedom Sam Brownback (June 21, 2019).

[5] State Dep’t, Secretary of State Michael R. Pompeo at the Release of the 2018 Annual Report on International Religious Freedom (June 21, 2019)

 

 

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

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

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

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

Secretary Pompeo’s Introduction[2]

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

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

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

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

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

Ambassador Brownback’s Briefing[3]

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

Report’s Executive Summary: Cuba Religious Freedom

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusion

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

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

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

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

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

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

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

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

 

 

Cuba Religious Freedom in the Eyes of the U.S. Commission on International Religious Freedom   

On April 25, 2018, the U.S. Commission on International Religious Freedom released its annual report on the subject for 28 countries in the world. Of these the Commission concluded that Cuba and 11 other countries had engaged in or tolerated religious freedom violations during 2017 that were serious and “systematic,  or ongoing, or egregious.”[1]

Commission’s Key Findings About Cuba[2]

According to this report, “religious freedom conditions in Cuba remained poor” with the following Key Findings:

  • “The Cuban government engaged in harassment campaigns that included detentions and repeated interrogations targeting religious leaders and activists who advocate for religious freedom.”
  • “Officials threatened to confiscate numerous churches and interrogated religious leaders countrywide about the legal status of their religious properties.”
  • “The government continues to interfere in religious groups’ internal affairs and actively limits, controls, and monitors their religious practice, access to information, and communications through a restrictive system of laws and policies, surveillance, and harassment.”
  • “While the Cuban constitution guarantees freedom of religion or belief, this protection is limited by other constitutional and legal provisions. At the end of the reporting period, 55 religious communities were registered; only registered religious communities are legally permitted to receive foreign visitors, import religious materials, meet in approved houses of worship, and apply to travel abroad for religious purposes.”
  • “The Cuban Communist Party Office of Religious Affairs (ORA) answers only to the Party and so it has broad, largely unchecked power to control religious activity, including approving some religious ceremonies other than worship services, repair or construction of houses of worship, and importation of religious materials.”
  • “Authorities prevent human rights and pro-democracy activists from participating in religious activities, sometimes using force. Almost every Sunday in 2017, the government prevented members of Ladies in White from attending Mass.”
  • “In a positive development, officials verbally promised the Assemblies of God that the government would not confiscate 1,400 of their churches as it threatened to do in 2015 and 2016.”

Commission’s Recommendations About Cuba to U.S. Government[3]

The Commission also made the following recommendations about Cuba to the U.S. Government:

  1. “Publicly denounce violations of religious freedom and related human rights in Cuba.”
  2. “Press the Cuban government to:
  • “Stop harassment of religious leaders;
  • End the practice of violently preventing democracy and human rights activists from attending religious services;
  • End destruction of, threats to destroy, and threats to expropriate houses of worship;
  • Lift restrictions on religious communities buying property, building or repairing houses of worship, holding religious processions, importing religious materials, and admitting religious leaders;
  • Allow unregistered religious groups to operate freely and legally, and repeal government policies that restrict religious services in homes or other personal property;
  • Allow registered and unregistered religious groups to conduct religious education;
  • Cease interference with religious activities and religious communities’ internal affairs; and
  • Hold accountable police and other security personnel for actions that violate the human rights of religious practitioners, including the religious freedom of political prisoners.”
  1. “Increase opportunities for Cuban religious leaders from both registered and unregistered religious communities to travel to, exchange aid and materials with, and interact with coreligionists in the United States.”
  2. “Apply the Global Magnitsky Human Rights Accountability Act, Executive Order 13818, or other relevant targeted tools, to deny U.S. visas to and block the U.S. assets of specific officials and agencies identified as responsible for violations of the right to freedom of religion or belief, including considering responsible officials from the ORA for such measures.”
  3. “Use appropriated funds to advance internet freedom and widespread access to mass media, and protect Cuban activists by supporting the development and accessibility of new technologies and programs to counter censorship and to facilitate the free flow of information in and out of Cuba, as informed by the findings and recommendations of the Cuba Internet Task Force created pursuant to the National Security Presidential Memorandum, ‘Strengthening the Policy of the United States Toward Cuba.’”
  4. “Encourage international partners, including key Latin American and European countries and regional blocs, to ensure violations of freedom of religion or belief and related human rights are part of all formal and informal multilateral or bilateral discussions with Cuba.”

Conclusion

On May 29, the State Department will release its annual report on religious freedom in every other. country in the world.[4] Thereafter we will examine its comments on Cuba and then analyze and evaluate the two reports’ discussion of Cuba.

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[1] U.S. Comm’n Intl Religious Freedom, USCIRF Releases 2018 Annual Report, Recommends 16 Countries be Designated “Countries of Particular Concern,” (April 25, 2018). The other 11 countries in this category (Tier 2) were Afghanistan, Azerbaijan, Bahrain,  Egypt India, Indonesia, Iraq, Kazakhstan, Laos, Malaysia and Turkey. The Commission also recommended that the State Department designate the following 16 countries as “Countries of Particular Concern” (countries whose government engage in or tolerates particularly severe (or systematic, ongoing, and egregious) religious freedom violations: Burma, Central African Republic, China, Eritrea, Iran, Nigeria, North Korea, Pakistan, Russia, Saudi Arabia, Sudan, Syria, Tajikistan, Turkmenistan, Uzbekistan and Vietnam. The Commission is an unusual quasi-governmental body. See U.S. Commission on International Freedom: Structure and Composition, dwkcommentaries.com (May 29, 2013).

[2]  2018 Annual Report at 148-53.

[3]  Id.

[4]  U.S. State Dep’t, Secretary Pompeo To Release the 2017 International Religious Freedom Report (May 25, 2018).

 

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

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

The Council’s Reprimand

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

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

The report said the  following about Cuba:

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

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

Complaint about Cuba’s Human Rights

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

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

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

Cuba’s Response.

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

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

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

Conclusion

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

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

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

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

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

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

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

U.S. State Department’s Report on International Religious Freedom in 2013

On July 28, 2014, the U.S. State Department released its annual report on religious freedom around the world.[1]

 Secretary of State Kerry’s Comments

Announcing the release of the report, U.S. Secretary of State John Kerry said although the U.S. was “obviously far from perfect,” it was important for the U.S. to treasure freedom of religion as “a universal value. . . . The freedom to profess and practice one’s faith is the birthright of every human being . . . [and] are properly recognized under international law. The promotion of international religious freedom is a priority for President Obama and it is a priority for me as Secretary of State.” In short, “religious freedom remains an integral part of our global diplomatic engagement.”

Executive Summary of the Report

The world had the largest displacement of religious communities in recent memory. In almost every corner of the globe, millions of Christians, Muslims, Hindus, and others representing a range of faiths were forced from their homes on account of their religious beliefs. Out of fear or by force, entire neighborhoods are emptying of residents. Communities are disappearing from their traditional and historic homes and dispersing across the geographic map.” In conflict zones (Syria, Central African Republic and Burma), this mass displacement has become a pernicious norm.

All around the world, individuals were subjected to discrimination, violence and abuse, perpetrated and sanctioned violence for simply exercising their faith, identifying with a certain religion, or choosing not to believe in a higher deity at all. Countries where this was a significant problem were Pakistan, Egypt, Saudi Arabia, Iran, Bangladesh, Sri Lanka and Eritrea. Throughout Europe, the historical stain of anti-Semitism continued to be a fact of life.

Governments repressed religious freedom. Governments from all regions subjected members of religious groups to repressive policies, discriminatory laws, disenfranchisement, and discriminatory application of laws. These governmental actions not only infringed on freedom of religion themselves, but they also often created a permissive environment for broader human rights abuses. Restrictive policies included laws criminalizing religious activities and expression, prohibitions on conversion or proselytizing, blasphemy laws, and stringent registration requirements or discriminatory application of registration requirements for religious organizations. This was especially true in North Korea, Saudi Arabia, Iran, Sudan, China, Cuba, Tajikistan, Turkmenistan, Uzbekistan, Pakistan, Burma, Russia and Bahrain.

Governments engaged in discrimination, impunity and displacement of religious minorities. When governments choose not to combat discrimination on the basis of religion and intolerance, it breeds an environment in which intolerant and violent groups are emboldened, even to the point of physically attacking individuals on the basis of their religious beliefs. Governments in these countries failed to protect vulnerable communities and many religious minority communities were disproportionately affected, resulting in a large number of refugees and internally displaced persons. This was especially true in Syria, Sri Lanka, Egypt, Iraq, Bangladesh, Indonesia, India and Nigeria. Rising anti-Semitism and anti-Muslim sentiment in the following countries of Europe demonstrated that intolerance is not limited to countries in active conflict:Belgium, France, Germany, Hungary, Italy, Latvia, Sweden and United Kingdom.

Religious minority communities were disproportionately affected by violence, discrimination and harassment. In many regions of the world, religious intolerance was linked to civil and economic strife and resulted in mass migration of members of religious minority communities throughout the year. In some of these areas, the outward migration of certain communities has the potential to permanently change the demographics of entire regions.

“Countries of Particular Concern”

Pursuant to the International Religious Freedom Act of 1998, the Secretary of State designated the following countries as “Countries of Particular Concern” (CPC): Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, Turkmenistan, and Uzbekistan. Such countries “engage in or tolerate particularly severe violations of religious freedom” or “systematic, ongoing, and egregious violations of religious freedom, including torture, cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges, abduction or clandestine detention of persons, or other flagrant denial of the right to life, liberty, or the security of persons based on religion.”

Turkmenistan, which is new to this State Department list, is the only one of eight countries recommended for such designation by the latest report from the U.S. Commission on International Religious Freedom. The others so recommended by the Commission are Egypt, Iraq, Nigeria, Pakistan, Syria, Tajikistan and Vietnam.

Ambassador-at-large for International Religious Freedom

Simultaneously with this report’s release, the Obama administration announced the nomination of Rabbi David Saperstein as the next ambassador-at-large for international religious freedom. Rabbi Saperstein, a reform rabbi and lawyer known for his work in Washington to advance religious freedom, would be the first non-Christian to lead the State Department’s Office of International Religious Freedom, if confirmed by the Senate.

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[1] This post is based upon the International Religious Freedom Report for 2013 (July 28, 2014); Secretary Kerry, Remarks at Rollout of the 2013 Report on International Religious Freedom (July 28, 2014); Assistant Secretary Malinowski, Remarks on the Release of the 2013 Report on International Religious Freedom (July 28, 2014); Department of State, Fact Sheet: 2013 Report on International Religious Freedom (July 28, 2014). Earlier posts covered the international law regarding religious freedom and the State Department’s reports on the subject for 2011 and 2012.

The U.S. Commission on International Religious Freedom’s Annual Report 2014   

                                                

On April 30, 2014, the quasi-independent U.S. Commission on International Religious Freedom released its Annual Report 2014, pursuant to the International Religious Freedom Act of 1988 (“the Act”).[1]

Introduction

The Commission relies upon this definition of the freedom in the Universal Declaration of Human Rights: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.” Similar provisions are found in several multilateral human rights treaties.[2] (P. 9.)

The Report stressed the importance of this freedom. It says this right “protects the freedom of religious communities, as groups, to engage in worship and other collective activities. It also protects every individual’s right to hold, or not to hold, any religion or belief, as well as the freedom to manifest such a religion or belief, subject only to the narrow limitations specified under international law.” (P. 9.)

This right is important, says the Commission, “because it enables people to follow what their conscience dictates. . . . People are entitled to religious freedom by virtue of their humanity.” Therefore, there can be no “coercion or compulsion in these matters.” (P. 2.)

Moreover, whenever this freedom is abused, “societal well-being would suffer” as well as democracy and other human rights and economic productivity. So too “peace and security may become more elusive.” In short, according to the commission, “the defense of religious freedom is both a humanitarian imperative and a practical necessity.” (P. 3.)

General Recommendations

The Commission recommended that the U.S. do the following with respect to this freedom:

  • develop and implement a religious freedom strategy;
  • demonstrate the importance of religious freedom , including the designation of “countries of particular concern ” identified by the Commission;
  • reinvigorate and create new tools under the Act;
  • expand training, programming and public diplomacy about the subject;
  • expand multilateral efforts on the subject; and
  • protect asylum-seekers from being returned to countries where they face persecution for religious reasons. (Pp. 7-8.)

“Countries of Particular Concern” (Tier 1 Countries)

Under its authorizing statute, the Commission is required to designate as “countries of particular concern” (CPC) (or “Tier 1 Countries”) those that have engaged in or tolerated “particularly severe” violations of religious freedom. (P. 5.)

The latest report recommends that the Secretary of State re-designate the following eight countries as Tier 1 countries: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Uzbekistan. In addition, the Report recommends that the following additional eight countries also be so designated by the State Department: Egypt, Iraq, Nigeria, Pakistan, Syria, Tajikistan, Turkmenistan and Vietnam. (P. 5.)

Tier 2 Countries

The Commission also designates some countries as “Tier 2 Countries,” i.e., countries on the threshold of Tier 1 status, i.e., when their “violations . . . are particularly severe” and when at least one, but not all three, of the criteria for that status (“systematic, ongoing and egregious”) is met. (P. 5.)

The latest Report designated the following nine countries as Tier 2: Afghanistan, Azerbaijan, Cuba, India, Indonesia, Kazakhstan, Laos, Russia and Turkey.[3] (P. 5.)

Other Countries

The latest Report also discussed seven other countries (Bahrain, Bangladesh, Belarus, Central African Republic, Ethiopia, Kyrgyzstan and Sri Lanka) and one region (Western Europe) that it monitored during the year. (P. 5.)

Conclusion

Because of my personal interest in Cuba, including its religious freedom, a subsequent post will critique the Report regarding that country.

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[1] The Act § § 202, 205. The Report contains an account of the development of the Act and the 15-year history of its implementation. (Pp. 11-23.) A prior post examined the fascinating structure and composition of the Commission, and another post its report issued in 2013.

[2] See Post: International Law Regarding Freedom of Religion (Jan. 1, 2012).

[3] Previously the Commission called this group the “Watch List of countries where the serious violations of religious freedom engaged in or tolerated by the governments do not meet the CPC threshold, but require close monitoring.” According to the Commission, the “Watch List provides advance warning of negative trends that could develop into severe violations of religious freedom, thereby providing policymakers with the opportunity to engage early and increasing the likelihood of preventing or diminishing the violations.”

 

 

 

 

 

 

 

 

Latest U.S. Reports on International Religious Freedom

Annually the U.S. Department of State, pursuant to statutory authorization, releases a report on the status of religious freedom in every country in the world.[1] In addition, the quasi-independent U.S. Commission on International Religious Freedom releases annual reports on the same subject for selected countries.[2]

It should be noted at the outset that these two agencies are not seeking to impose on the rest of the world the U.S. constitutional prohibition of the “establishment of religion” or of “abridging the free exercise [of religion].” [3] Instead the agencies reports rely upon this definition of the freedom in the Universal Declaration of Human Rights: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.” Similar provisions are found in several multilateral human rights treaties.[4]

The post will review the latest State Department report on this subject for all 194 other countries in the world and the Commission’s latest report on 29 countries plus one large region (Western Europe).[5]

Latest State Department Report

After emphasizing the importance of religious freedom, the State Department’s May 20, 2013, report “tells stories of courage and conviction, but also recounts violence, restriction, and abuse. While many nations uphold, respect, and protect religious freedom, regrettably, in many other nations, governments do not protect this basic right; subject members of religious minorities to violence; actively restrict citizens’ religious freedom through oppressive laws and regulations; stand by while members of societal groups attack their fellow citizens out of religious hatred, and fail to hold those responsible for such violence accountable for their actions.”

The report continues.”The immediate challenge is to protect members of religious minorities. The ongoing challenge is to address the root causes that lead to limits on religious freedom. These causes include impunity for violations of religious freedom and an absence of the rule of law, or uneven enforcement of existing laws; introduction of laws restricting religious freedom; societal intolerance, including anti-Semitism and lack of respect for religious diversity; and perceptions that national security and stability are best maintained by placing restrictions on and abusing religious freedom.”

Highlighted for concern by the report were “[l]aws and policies that impede the freedom of individuals to choose a faith, practice a faith, change their religion, tell others about their religious beliefs and practices, or reject religion altogether remain pervasive. Numerous governments imposed such undue and inappropriate restrictions on religious groups and abused their members, in some cases as part of formal government law and practice.” Another concern was the “use of blasphemy and apostasy laws.” They “continued to be a significant problem, as was the continued proliferation of such laws around the world. Such laws often violate freedoms of religion and expression and often are applied in a discriminatory manner.”

The report documented “a continued global increase in anti-Semitism. Holocaust denial and glorification remained troubling themes, and opposition to Israeli policy at times was used to promote or justify blatant anti-Semitism. When political leaders condoned anti-Semitism, it set the tone for its persistence and growth in countries around the world. Of great concern were expressions of anti-Semitism by government officials, by religious leaders, and by the media.”

According to the report, “Governments that repress freedom of religion and freedom of expression typically create a climate of intolerance and impunity that emboldens those who foment hatred and violence within society. Government policy that denies citizens the freedom to discuss, debate, practice, and pass on their faith as they see fit also undercuts society’s ability to counter and combat the biased and warped interpretations of religion that violent extremists propagate. Societal intolerance increased in many regions during 2012.”

Finally the report said, “Governments exacerbated religious tensions within society through discriminatory laws and rhetoric, fomenting violence, fostering a climate of impunity, and failing to ensure the rule of law. In several instances of communal attacks on members of religious minorities and their property, police reportedly arrested the victims of such attacks, and NGOs alleged that there were instances in which police protected the attackers rather than the victims. As a result, government officials were not the only ones to commit abuses with impunity. Impunity for actions committed by individuals and groups within society was often a corollary of government impunity.”

The report also acknowledged the Department’s statutory obligation to designate “Countries of Particular Concern (CPCs), i.e., those countries that are considered to commit “particularly severe violations of religious freedom,” and whose records call for the U.S. government to take certain actions under the terms of the Act. The term ‘‘particularly severe violations of religious freedom’’ means systematic, ongoing, egregious violations of religious freedom, including violations such as: (a) torture or cruel, inhuman, or degrading treatment or punishment; (b) prolonged detention without charges; (c) causing the disappearance of persons by the abduction or clandestine detention of those persons; or (d) other flagrant denial of the right to life, liberty, or the security of persons.”

Accordingly the report re-designated the following eight countries as CPCs: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Uzbekistan.[6]

Latest Commission Report

 

Under the authorizing statute, the Commission is required to designate as “countries of particular concern” (CPC) (or “Tier 1 Countries”) those that have engaged in or tolerated “particularly severe” violations of religious freedom.

In its latest report, issued on April 30, 2013, the following 15 countries were so designated: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Ubekistan (all of which had been designated as “Countries of Particular Concern” (CPC) by the State Department the prior year) plus Egypt, Iraq, Nigeria, Pakistan, Tajikistan, Turkmenistan and Vietnam.

The Commission also designates some countries as “Tier 2 Countries,” i.e., countries on the threshold of Tier 1 status, i.e., when their “violations . . . are particularly severe” and when at least one, but not all three, of the criteria for that status (“systematic, ongoing and egregious”) is met.

The latest report designated the following eight countries as Tier 2: Afghanistan, Azerbaijan, Cuba, India, Indonesia, Kazakhstan, Laos and Russia.[7]

The latest report also discussed six other countries (Bahrain, Bangladesh, Belarus, Ethiopia, Turkey and Venezuela and one region (Western Europe) that it monitored during the year. At first glance the monitoring of Western Europe seems anomalous, but here are the topics of concern to the Commission:

  • Restrictions on religious dress (full-face veils) in France and Belgium.
  • Failure in Sweden, Luxembourg, Switzerland, Poland, Norway and Iceland to exempt religious slaughter of animals from laws requiring prior stunning of the animals.
  • Suggestions in Germany and Norway that religious circumcisions of male children were illegal.
  • Restrictions on construction of Islamic minarets in Switzerland, and the lack of an official mosque in Athens, Greece.
  • “Incitement to hatred” and other laws in almost all European states that can be used to restrict expression of religious beliefs.
  • Reluctance in many European states to provide accommodation of religious objections to generally applicable laws.
  • Measures in France, Austria, Belgium and Germany against religious groups perjoratively characterized as “cults” or “sects.”
  • Societal intolerance, discrimination and violence based on religion or belief such as towards Muslim women with full-face veils, Jewish people and Jehovah’s Witnesses.

It should also be noted that the Commission sometimes takes an adversarial position vis-à-vis the U.S. State Department. For example, on April 30, 2013, when the Commission released its latest report, its simultaneous press release recommended that the Department designate as “Countries of Particular Concern” the seven additional countries the Commission had placed in Tier 1 as noted above.

When the Department failed to do so in its May 20th report, the next day the Commission issued a press release criticizing the Department for failure to make additional CPC designations since August 2011 and to do so for the same seven additional countries.

Conclusion

Because of my personal interest in Cuba, including its religious freedom, a subsequent post will compare and contrast the two reports regarding that country.

Such a comparison, in my opinion, will show that the State Department’s reports are more balanced and fair at least with respect to Cuba.

[2]  Id. § § 202, 205. The fascinating structure and composition of the Commission will be the subject of a future post.

[3]  U.S. Const., First Amend.

[5] A prior post examined the prior State Department report.

[6] The State Department report noted that it considers the recommendations of the Commission on CPCs, but that the Secretary of State makes the final decision on that issue. The Department’s report thereby implicitly rejected the Commission’s recommendation for an additional seven countries to be so designated.

[7] Previously the Commission called this group the “Watch List of countries where the serious violations of religious freedom engaged in or tolerated by the governments do not meet the CPC threshold, but require close monitoring.” According to the Commission, the “Watch List provides advance warning of negative trends that could develop into severe violations of religious freedom, thereby providing policymakers with the opportunity to engage early and increasing the likelihood of preventing or diminishing the violations.”