U.N. Official’s Report About  U.S. Poverty Is Criticized by U.S. 

On June 22, Philip G. Alston, the U.N. Special Rapporteur on Extreme Poverty and Human Rights,[1] presented to the U.N. Human Rights Council in Geneva, Switzerland his final report criticizing certain U.S. poverty policies. It immediately was condemned by U.S.  Ambassador to the U.N. Nikki Haley with a  prompt retort by Mr. Alston. We will examine these developments and then analyze this controversy.

Special Rapporteur’s Report on U.S.[2]

In his oral summary of the report, the Special Rapporteur made the following overall findings:

  • “[T]he combination of extreme inequality and extreme poverty generally create ideal conditions for small elites to trample on the human rights of minorities, and sometimes even of majorities. The [U.S.] has the highest income inequality in the Western world, and this can only be made worse by the massive new tax cuts overwhelmingly benefiting the wealthy. At the other end of the spectrum, 40 million Americans live in poverty and 18.5 millions of those live in extreme poverty.  In addition, vast numbers of middle class Americans are perched on the edge, with 40% of the adult population saying they would be unable to cover an unexpected $400 expense.”
  • “In response, the Trump administration has pursued a welfare policy that consists primarily of (i) steadily diminishing the number of Americans with health insurance (‘Obamacare’); (ii) stigmatizing those receiving government benefits by arguing that most of them could and should work, despite evidence to the contrary; and (iii) adding ever more restrictive conditions to social safety net protections such as food stamps, Medicaid, housing subsidies, and cash transfers, each of which will push millions off existing benefits.”
  • “My report demonstrates that growing inequality, and widespread poverty which afflicts almost one child out of every five, has deeply negative implications for the enjoyment of civil and political rights by many millions of Americans. I document the ways in which democracy is being undermined, the poor and homeless are being criminalized for being poor, and the criminal justice system is being privatized in ways that work well for the rich but that seriously disadvantage the poor.  Underlying all of these developments is persistent and chronic racial bias.  That bias also helps to explain the abysmal situation in which the people of Puerto Rico find themselves.  It is the poorest non-state in the Union, without a vote in Congress, at the mercy of an unelected and omnipotent oversight board, and suffering from record poverty levels in the aftermath of Hurricane Maria.”
  • In many cities and counties, “state and county taxes are capped; public budgets are slashed; governments are left without essential resources; they instruct their police departments to impose and collect more fines to fund the general budget; these fines fall overwhelmingly upon the poor; the victims cannot pay the fines and so additional penalties and fees accumulate; most scrimp and pay but some default and are imprisoned; when they are in prison their economic and family situations collapse; and when they emerge from prison they are even less unemployable because they have a conviction.”

Based upon these finding, the Special Rapporteur made these recommendations for the U.S.: (1) “acknowledge that America’s proudest achievement –a vibrant democracy – is in peril unless steps are taken to restore the fabric from which it was crafted, including the adage that ‘all are created equal.’” (2) “Stop irrationally demonizing taxation and begin exploring how reasonable taxes can dramatically increase the social well-being of Americans and the country’s economic competitiveness.” (3) Provide “universal healthcare [that] . . . would rescue millions from misery, save money on emergency care, increase employment, and generate a healthier and more productive workforce.”

Ambassador Haley’s Criticism of the Report[3]

 On June 21 (the day before the official release of the report), Ambassador Haley in a letter to U.S. Senator Bernie Sanders (Ind., VT), said. “ I am deeply disappointed that the Special Rapporteur used his platform to make misleading and politically motivated statements about American domestic policy issues. Regrettably, his report is an all too common example of the misplaced priorities and poor use of funds proven to be rampant throughout the UN system. The report categorically misstated the progress the [U.S.] has made in addressing poverty and purposely used misleading facts and figures in its biased reporting.”

“It is patently ridiculous for the [U.N.] to examine poverty in America. In our country, the President, Members of Congress, Governors, Mayors, and City Council members actively engage on poverty issues every day. Compare that to the many countries around the world, whose governments knowingly abuse human rights and cause pain and suffering.”

“Rather than using his voice to shine a light on those vulnerable populations [in Burundi and the Democratic Republic of the Congo], and so many others, the Special Rapporteur wasted the UN’s time and resources, deflecting attention from the world’ s worst human rights abusers and focusing instead on the wealthiest and freest country in the world.”

U.S. Mission to Geneva’s Criticism[4]

“The right to property, the right to pursue one’s own livelihood, and the right of free association are core economic and social rights by any reasonable definition, and have been core rights of the United States since its founding. The world knows that the U.S. economy is the largest, the most influential, and the most innovative on the planet.”

“Indeed, the U.S. is entering a new era of economic growth and prosperity.  Strong gross domestic product growth and increasing investment have already created 3.4 million new jobs, brought 900,000 workers off the sidelines since the President took office, and lowered unemployment to its lowest point in nearly 50 years.  The administration is fighting for American jobs and American workers, and standing strong with those that are standing strong for a more prosperous American economy. Sadly, Mr. Alston’s report does not give due credit to current policies enacted by this administration to spur economic growth and the prosperity it brings for all Americans.”

“We note that U.S. federal, state, and local governments guarantee emergency health care, a right to equal access to education, pursue policies that promote access to food, and support the need to promote, protect, and respect human rights in carrying out housing policies.  For example, the U.S. Department of Housing and Urban Development (HUD) and other federal agencies support communities that establish centralized or coordinated assessment systems, emphasizing that coordinated entry processes to ensure all people experiencing a housing crisis in a community have fair and equal access and are connected to available housing and related assistance based on their strengths and needs.  Across the nation, local homelessness provider organizations under a consortium called “Continuums of Care” support persons in emergency shelters and transitional housing programs as well as those living unsheltered on the streets through grants providing critically needed support to local programs on the front lines of serving individuals and families experiencing homelessness.  In January of this year, the ‘Continuums of Care’ provided a record $2 billion to support more than 7,300 local homeless assistance programs across the nation.  There is also robust funding for programs such as Emergency Shelter Grants and other programs like Community Development Block Grants that can be used to assist homeless.  This U.S. administration stands shoulder-to-shoulder with our partners to support real housing solutions for those who may otherwise be living in our shelters or on our streets.”

“Furthermore, the [U.S.] has robust legal protections to prohibit discrimination in the enjoyment of rights that are provided by domestic law.  For example, in the area of housing, HUD actively monitors and enforces laws prohibiting discrimination.  In 2016, HUD, along with its state and local partners, investigated more than 8,300 housing discrimination complaints and obtained over $25.2 million in compensation; through its Fair Housing Assistance Program, HUD paid state and local government partners more than $24.6 million to support local enforcement activities and outreach activities.  That same year, HUD also awarded through its Fair Housing Initiatives Program $38 million in grants to 155 organizations for private enforcement to prevent or eliminate discriminatory housing practices and for educational initiatives to inform individuals of their rights and responsibilities.”

“It is regrettable that the Special Rapporteur, while acknowledging that the political status of Puerto Rico is beyond his mandate, nevertheless chose to opine on the matte. Puerto Rico is a self-governing territory of the United States that achieved self-determination in 1952. In successive referenda, the residents of Puerto Rico have made the democratic choice to maintain the island’s current status or to pursue statehood, with a very small fraction opting for independence. Like the states of our federal system, the vast majority of Puerto Rico’s affairs are governed by a popularly elected governor and legislature, and disputes are settled by Puerto Rico’s independent judiciary.  It is baseless to argue, as the Special Rapporteur does, that Puerto Rico “is no longer a self-governing territory” when in fact its residents enjoy and exercise extensive democratic rights.  Furthermore, the U.S. administration is awarding over $18 billion in disaster recovery and mitigation funds to Puerto Rico, through HUD’s Community Development Block Grant – Disaster Recovery Program.”

“Accusations that the [U.S.] shows ‘contempt and hatred’ for the poor, including accusations of a criminal justice system designed to keep low income persons in poverty while generating public revenue, are inaccurate, inflammatory, and irresponsible.  The U.S. funds large public assistance programs designed to help low-income Americans, including $565.5 billion for Medicaid, $63 billion for Supplemental Nutrition Assistance Program (SNAP) benefits, and $42.5 billion for housing assistance programs.  In fact, more than $1 trillion dollars in means-tested benefits are provided to the poor annually by federal and state governments.  Based on some measures of consumption, poverty is down by 77 percent since 1980.  Recent studies using the Consumer Expenditure Survey suggest that only 175 of 222,170 surveyed American households reported spending less than an extreme poverty threshold figure of $4.00 a day, which implies that there are only approximately 250,000 persons in “extreme poverty” circumstances, rather than the exaggerated figure cited by the Special Rapporteur.  Regardless, any number of Americans with this severe level of economic difficulties should not be ignored, and a stronger focus of the Special Rapporteur on the problems and remedies for this population would have been welcome.”

Special Rapporteur’s Response[5]

“The suggestion that this Council should only consist of rights-respecting States was made long ago by the US and others, but abandoned because there are no workable criteria to determine who should qualify under such a test, and because a body composed only of self-appointed good guys would not only be tiny but would be talking unproductively among themselves.  Human rights promotion requires robust engagement, not behaving like the kid who takes his football and goes home.”

“Ambassador Haley complained that the Council has done nothing about countries like Venezuela.  In fact I and several other special rapporteurs reported earlier this year that ‘vast numbers of Venezuelans are starving, deprived of essential medicines, and trying to survive in a situation that is spiraling downwards with no end in sight.’  We warned of ‘an unfolding tragedy of immense proportions.’”

Moreover, “this Council has published many report detailing the situations in [Burundi and the Democratic Republic of Congo].” And “when [the U.S.,] one of the world’s wealthiest countries, does very little about the fact that 40 millions of its citizens live in poverty, it is entirely appropriate for the reasons to be scrutinized.”

“If this Council stands for anything, it is the principle of accountability – the preparedness of States to respond in constructive and meaningful ways to allegations that they have not honored their human rights commitments. The United States position, expressed by Ambassador Haley, [erroneously] seems to be that this Council should do far more to hold certain states to account, but that it should exempt the [U.S.] and its key allies from such accountability.”

“Ambassador Haley called my report ‘misleading and politically motivated.’ She didn’t spell out what was misleading but other stories from the same media outlet emphasized two issues.”

“The first is that my report uses official data from 2016, before President Trump came to office.  That is true, for the simple reason that there will be no Census Bureau data on the Trump era until September this year.  But these data provide the best available official baseline, and my report then factors in the effects of the combination of massive tax cuts for the wealthy and systematic slashing of benefits for the less well-off.”

“The second criticism . . . is that the US ‘economy continues to roar to life under President Trump.’ Indeed, the US economy is currently booming, but the question is who is benefiting. Last week’s official statistics show that hourly wages for workers in “production and nonsupervisory” positions, who make up 80% of the private workforce, actually fell in 2017.  Expanding employment has created many jobs with no security, no health care, and often with below-subsistence wages.  The benefits of economic growth are going overwhelmingly to the wealthy. Average pre-tax national income per adult in the US has stagnated at $16,000 since 1980 for the bottom 50% of the income distribution, while it has really boomed for the top 1%, a trajectory that has been quite different from that in most European countries. Even the IMF has warned that in the US “prospects for upward mobility are waning, and economic gains are increasingly accruing to those that are already wealthy”. In other words, the American dream of mobility, is turning into the American illusion, in which the rich get ever richer, and the middle classes don’t move.”

U.S. Withdrawal from U.N. Human Rights Council[6]

 As reported in a prior post, on June 19, the U.S. announced its withdrawal from the Human Rights Council, and on June 22, a spokesman for Ambassador Haley said that the Alston report had nothing to do with that decision. However, when Alston arrived in the U.S. last year, as noted above, he recently said, “A senior official said . . .my report could be a factor in whether the U.S. decided or not to stay in the council. I think I was being sent a message.”

Conclusion

There are many reasons why Ambassador Haley’s criticism of this report is unwarranted. Here are some.

First, the U.S. in June 2017 apparently joined other Council members in approving the resolution extending the mandate for the Special Rapporteur to, among other things, “(a) Further examine the relationship between the enjoyment of human rights and extreme poverty; [and] (b) Identify alternative approaches to the removal of all obstacles, including institutional ones, at the regional, national and international, public, corporate and societal levels, to the full enjoyment of human rights for all people living in extreme poverty.” That resolution also called “upon all Governments to cooperate with and assist the independent expert in his or her task, to supply all necessary information requested by him or her and to give serious consideration to responding favorably to the requests of the independent expert to visit their countries, to enable him or her to fulfil his or her mandate effectively.”[7]

Second, the U.S. invited the Special Rapporteur to visit the U.S., initially by the Obama Administration and then by the Trump Administration on June 8, 2017, at a Human Rights Council meeting.

Third, on November 29, 2017, a Human Rights Council Press Release announced that the Special Rapporteur would be visiting the U.S. in December 2017 with a detailed itinerary “to examine government efforts to eradicate poverty in the country, and how they relate to US obligations under international human rights law.” Mr. Alston said, “Some might ask why a UN Special Rapporteur on extreme poverty and human rights would visit a country as rich as the United States. But despite great wealth in the US, there also exists great poverty and inequality.”[8]

Fourth, on December 15, 2017, at the conclusion of his visit to the U.S., the Special Rapporteur released a statement on his visit with the following comments that later turned out to be a preview of the final report the following June:[9]

  • The U.S. is harnessing “neither its wealth nor its power nor its technology . . . to address the situation in which 40 million people continue to live in poverty.
  • He provided some details on both the negative and positive things he had witnessed as well as statistical comparisons of the U.S. with other countries. “American exceptionalism was a constant theme in my conversations.  But instead of realizing its founders’ admirable commitments, today’s United States has proved itself to be exceptional in far more problematic ways that are shockingly at odds with its immense wealth and its founding commitment to human rights.  As a result, contrasts between private wealth and public squalor abound.”
  • The then “proposed tax reform package stakes out America’s bid to become the most unequal society in the world, and will greatly increase the already high levels of wealth and income inequality between the richest 1% and the poorest 50% of Americans.  The dramatic cuts in welfare, foreshadowed by the President and Speaker Ryan, and already beginning to be implemented by the administration, will essentially shred crucial dimensions of a safety net that is already full of holes.”
  • The “indispensable ingredients for a set of policies designed to eliminate poverty. . . include: democratic decision-making, full employment policies, social protection for the vulnerable, a fair and effective justice system, gender and racial equality and respect for human dignity, responsible fiscal policies, and environmental justice. Currently, the United States falls far short on each of these issues” while providing further details.

Fifth, the Special Rapporteur, as of June 2018, has visited or plans to visit or has made comments about other wealthy countries (United Kingdom, and Japan), developing countries (China and Brazil)  and poorer countries (Ghana and Venezuela). [10]

Sixth, the Special Rapporteur correctly observes that human rights obligations are imposed on every country, regardless of its wealth.

Finally, recall that Ambassador Haley first criticized human rights groups for their failure to support U.S. efforts to reform the Human Rights Council as a contributing cause for the U.S. withdrawal from the Council.

The short response to the Ambassador is Shakespeare’s line in Hamlet, “The lady doth protest too much, methinks.”

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[1] Alston is an Australian citizen and John Norton Pomeroy Professor of Law, New York University and Director of NYU Center for Human Rights and Global Justice. Here is the website for the Special Rapporteur.

[2] U.N. Hum. Rts. Council, Oral Statement by Mr. Philip Alston Special Rapporteur on extreme poverty and human rights (June 22, 2018); Assoc. Press, UN Expert Slams US on Poverty, Quitting Global Rights Body, N.Y. Times (June 22, 2018).

[3]  Haley, Letter to Sen. Sanders (June 21, 2018); Stein, Nikki Haley: ‘It is patently ridiculous for the United Nations to examine poverty in the United States, Wash. Post (June 22, 2018).

[4] U.S. Mission to Geneva, Country Concerned Statement in Response to SR Alston’s report on the United States (June 22, 2018).

[5] U.N. Hum. Rts. Council,  Oral Statement by Mr. Philip Alston Special Rapporteur on extreme poverty and human rights (June 22, 2018).

[6] Stein, ‘I think I was being sent a message’: U.S. warned U.N. official about report on poverty in America, Wash. Post (June 22, 2018).

[7]  U.N. Hum. Rts. Council, HRC/RES/35/19 Human rights and extreme poverty (June 22, 2017); U.N. Hum. Rts. Council, HRC/RES/8/11, Human rights and extreme poverty (June 18, 2008).

[8] U.N. Hum. Rts. Council, Press release, UN expert on extreme poverty and human rights  to visit USA, one of the wealthiest countries in the world (Nov. 29, 2017).

[9] U.N. Hum. Rts. Council, Press Release, Statement on Visit to the USA, by Professor Philip Alston, United Nations Special Rapporteur on extreme poverty and human rights* (Dec. 15, 2017); U.N. Hum. Rts. Council, Special Rapporteur, Press Conference, Washington, D.C. (Dec. 15, 2017).

[10] U.N. Hum. Rts. Council, Press Release, Venezuela: Dire living conditions worsening by the day, UN human rights experts warn (Feb. 9, 2018); U.N. Hum. Rts. Council, Press Release, China: UN experts concerned about health of jailed rights lawyer Jiang Tianyong (Mar. 23, 2018); U.N. Hum. Rts. Council, Press Release, Brazil: UN experts alarmed by killing of Rio human rights defender who decried military intervention (Mar. 26, 2018); U.N. Hum. Rts. Council, Press Release, Japan: Benefit cuts threaten social protection of the poor, UN rights experts warn (May 24, 2018); U.N. Hum. Rts. Council, Press Release, Ghana’s main economic initiatives will do little to reduce poverty, warns UN expert (June 20, 2018).

 

 

 

 

 

 

 

 

 

 

 

Controversy Over U.S. Withdrawal from U.N. Human Rights Council 

As discussed in prior posts, on June 19 U.S. Secretary of State Mike Pompeo and U.S. Ambassador to the U.N. Nikki Haley announced that the U.S. was withdrawing from its membership on the U.N. Human Rights Council.[1] That decision has prompted controversy.

Ambassador Haley’s Letter to NGOs

The first controversy was created by a June 20 letter from U.S. Ambassador Haley to 18 human rights organizations accusing them of contributing to the U.S. decision to leave the Council. Her reason for this startling assertion was their opposing her failed effort last month for a General Assembly vote on U.S.-proposed changes to the Council and thereby putting themselves “on the side of Russia and China, and opposite the United States, on a key human rights issue.”[2]

One of the letter’s recipients, Human Rights Watch (HRW), by its director for the UN, Louis Charbonneau, agreed that HRW had opposed the Ambassador’s efforts on this issue, but did so because it feared her proposed changes could have led to amendments from Russia, China and other nations to weaken the Council. “The risk was that it would have opened a Pandora’s box of even worse problems. The idea that human rights groups were trying to undermine genuine attempts to reform the council, or that we were working with countries like Russia, is outrageous and ridiculous.”

Another recipient of the letter, the International Humanist and Ethical Union, through its head Andrew Copson, stated that earlier this June it and 14 other advocacy groups had sent a letter expressing concern over efforts by the U.S. “to reduce the role for civil society organizations through a process of ‘efficiency savings.” This organization, therefore, was ‘appalled to receive “this bizarre rant” from the Ambassador that “betrays a deep and profound ignorance of the work of the IHEU, and humanists around the world, to suggest that we would support the autocratic regimes of China and Russia. Much of our work at the UN is in exposing and opposing those states’ human rights abuses.”

Reactions from Other Governments

The second controversy came from the U.N. Secretary General and from diplomats in Geneva.

Secretary-General Antonio Guterres urged the United States to rethink its decision to pull out of the world’s top human rights body and said that he “would much prefer for the United States to remain in the Human Rights Council.” He added: “I do believe that the human rights architecture is a key tool at the present moment in order to promote and to protect human rights around the world.”

Meanwhile at the Council in Geneva, “critics and friends alike read the latest Trump move to snub yet another international institution as a sign that U.S. was jettisoning its reputation as a key defender of human rights and self-inflicting a blow to its international image.”[3]

Julian Braithwaite, Britain’s ambassador in Geneva, told the Council. “We have lost a member who has been at the forefront of liberty for generations. While we agree with the U.S. on the need for reform, our support for this Human Rights Council remains steadfast.”

Even Russia  and China criticized the U.S. exit. In Moscow, Russia’s Foreign Ministry criticized what was described as Washington’s “boorish cynicism in stubbornly refusing to recognize its own human rights problems while trying to tailor the council to its political interests.” In Beijing, a Chinese foreign ministry spokesman said the Council is “an important platform” for countries to discuss human rights and that Beijing has been committed to supporting the group’s work.

About the only country to support the U.S. resignation was Israel. Prime Minister Benjamin Netanyahu’s office called the U.S. decision “courageous “and an “unequivocal statement that enough is enough.”

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[1] U.S. Withdraws from U.N. Human Rights Council, dwkcommentaries.com (June 20, 2018); Washington Post Opposes U.S. Withdrawal from U.N. Human Rights Council, dwkcommentaries.com (June 21, 2018).

[2] Harris, Haley Blames Watchdog Groups for U.S. Withdrawal From U.N. Rights Council, N.Y. Times (June 20, 2018); Washington accuses several NGOs of contributing to its departure from the Human Rights Council, Diario de Cuba (June 21, 2018); McLeiland, Humanists shocked to receive ‘bizarre rant’ from United States, IHEWU (June 21, 2018).

[3]  Assoc. Press, Allies Disappointed by ‘Big Bang’ of US Walkout from UN Body, N.Y. Times (June 20, 2018); Assoc. Press, UN, Russia Call on US to Rethink Human Rights Council Move, N.Y. Times (June 21, 2018); Human Rts. Watch, UN: US Retreat  from Rights Body Self-defeating (June 19, 2018).

Washington Post Opposes U.S. Withdrawal from U.N. Human Rights Council 

An editorial in the Washington Post says “the United States’ decision to withdraw from the [Human Rights Council] . . . is a counterproductive step and another sign of President Trump’s retreat from global leadership. The administration is picking up its marbles and leaving rather than staying to fight for human dignity.”[1]

Yes, as Ambassador Haley mentioned, the Council is not perfect. “But these deficiencies must also be considered against the vital need for a credible U.N. body on human rights with U.S. participation.”

“However flawed the council’s work has been, walking away rewards all the oppressors, who undoubtedly will be thrilled that they no longer face lectures from the United States. What good will come from pulling out? Will it change the behavior of the regimes for the better? Will it make the council more effective? We don’t think so. The decision to walk away is in keeping with Mr. Trump’s lack of interest in human rights elsewhere, glad-handing autocrats and dictators with nary a word about their bone-crushing repressions. A real commitment to human rights would be to stay in the council and use the bully pulpit to confront the bullies.”

This editorial supports the opinion expressed in yesterday’s post to this blog.

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[1] Editorial, Trump walks away from the U.N. Human Rights council—and rewards the oppressors, Wash. Post (June 20, 2018).

 

 

U.S. Withdraws from U.N. Human Rights Council 

On June 19 U.S. Secretary of State Mike Pompeo and U.S. Ambassador to the U.N. Nikki Haley announced that the U.S. had “withdrawn” from its membership on the U.N. Human Rights Council.[1] The Council’s current President, Ambassador Vojislav Šuc (Slovenia) immediately responded to this news.

Secretary Pompeo’s Remarks

“The Trump administration is committed to protecting and promoting the God-given dignity and freedom of every human being. Every individual has rights that are inherent and inviolable. They are given by God, and not by government. Because of that, no government must take them away.”

“For decades, the United States has led global efforts to promote human rights, often through multilateral institutions. While we have seen improvements in certain human rights situations, for far too long we have waited while that progress comes too slowly or in some cases never comes. Too many commitments have gone unfulfilled.”

“President Trump .. . has called out institutions or countries who say one thing and do another. And that’s precisely the problem at the . . . Council. As President Trump said at the UN General Assembly: “It is a massive source of embarrassment to the United Nations that some governments with egregious human rights records sit on the . . . Council.” In short, the Council now “is a poor defender of human rights.”

It “has become an exercise in shameless hypocrisy – with many of the world’s worst human rights abuses going ignored, and some of the world’s most serious offenders sitting on the council itself.” Those members include “authoritarian governments with unambiguous and abhorrent human rights records, such as China, Cuba, and Venezuela.” In addition, the Council’s “bias against Israel is unconscionable. Since its creation, the council has adopted more resolutions condemning Israel than against the rest of the world combined.”

Moreover, the U.S. “will not take lectures form hypocritical bodies and institution as Americans selflessly give their blood and treasure to help the defenseless.”

 Ambassador Haley’s Remarks

The Ambassador recalled her speech to the Council in June 2017 that “declared our intent to remain a part of the . . . Council if essential reforms were achieved.. . . to make the council a serious advocate for human rights.”[2]

She then provided details on how the U.S. since then unsuccessfully has endeavored to obtain such reforms. Therefore, the U.S. “is officially withdrawing from the . . . Council.”

The details of the failure of reform included: (a) the U.N. General Assembly last Fall electing as a Council member the Democratic Republic of the Congo, which “is widely known to have one of the worst human rights records in the world;” (b) the Council would not hold “a meeting on the human rights conditions in Venezuela” because it is a Council member; (c) early this year the Council passed five resolutions against Israel; (d) the U.S. effort to reform the Council was blocked by “unfree countries,” including “Russia, China, Cuba, and Egypt;” and (e) “many members that share U.S. values “were unwilling to seriously challenge the status quo.”

In contrast, she said, under U.S. leadership the U.N. Security Council this past 12 months held its “first ever . . . session dedicated to the connection between human rights and peace and security” and another session on “Iranian human rights.” In addition, last year the U.S. organized “an event on Venezuela outside the Human Rights Council chambers in Geneva.” And the Ambassador herself has traveled “to UN refugee and internally displaced persons camps in Ethiopia, Congo, Turkey, and Jordan, and met with the victims of atrocities in those troubled regions.”

Council President Šuc’s Statement[3]

“While I recognize it is the prerogative of any member State to take such a decision [to withdraw], I wish to acknowledge that the United States has been a very active participant at the Council having engaged constructively on numerous issues aimed at improving the lives of rights holders around the globe, including the many issues which we are addressing in our current session. The Human Rights Council always stands to benefit from constructive engagement of its member States.”

“In times when the value and strength of multilateralism and human rights are being challenged on a daily basis, it is essential that we uphold a strong and vibrant Council recognizing it as a central part of the United Nations for the 21st century.”

“Over the past 12 years, the . . . Council has tackled numerous human rights situations and issues keeping them in sharp focus.  In many senses, the Council serves as an early warning system by sounding the alarm bells ahead of impending or worsening crises.  Its actions lead to meaningful results for the countless human rights victims worldwide, those the Council serves.”

“The . . . Council is the only intergovernmental body responding to human rights issues and situations worldwide, with the active participation of civil society.  It provides a unique setting to hear a wide range of views, including those which other organizations are unable or unwilling to discuss.”

Conclusion

I disagree with the U.S. decision to withdraw from its membership on the Council for several reasons.

First, the Human Rights Council does not have the power to order any Council member or any other U.N. member to do anything. Instead it is “responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and [making] recommendations on them. It has the ability to discuss all thematic human rights issues and situations that require its attention.” In short, it is a forum for discussion or debate on these issues, and the U.S. has an important voice to raise on these issues.

Second, there are 47 Council members, and although the U.S. correctly points out that some members have horrible human rights records, there is no claim that such countries constitute a majority of the Council. Moreover, no country in the world has a perfect record on these issues, including the U.S.

Third, all Council members, including the bad actors, are subject to Universal Periodic Review (UPR) every five years. A mere summary of the latest UPRs for the countries mentioned by Secretary Pompeo and Ambassador Haley shows that each of them received many recommendations for improving their human rights records, thereby negating or diminishing the notion advanced by these two U.S. officials that those with poor records escape censure by the Council.[4]

Fourth, the High Commissioner for Human Rights has the authority and responsibility to provide the Council with his or her assessment of human rights concerns in the world. The current High Commission did just that on June 18 (the day before the previously mentioned U.S. decision to withdraw from the Council).[5] In so doing he had critical comments about  seven of the nine countries identified by Pompeo and Haley as having bad human rights records (China, Democratic Republic of Congo, Ethiopia, Iran, Russia, Turkey and Venezuela).

Fifth, the High Commissioner had these critical fact-based criticisms of    Israel and the U.S., which both countries should be willing and able to evaluate on their merits:

  • “Israel continues to deny access to the Occupied Palestinian Territory by the Special Rapporteur on the Situation of human rights in the Palestinian territory occupied since 1967. This has been the case for three successive holders of the mandate. Access has also been denied to all of the Council’s previous Commissions of Inquiry, including on Gaza in 2014. I believe the Council’s advocacy of impartial monitoring and expert recommendations is entirely justified by the gravity of the situation, and I urge Israel to provide access to all human rights mechanisms – including the investigative body mandated last month – to enable impartial monitoring and advance accountability and justice.” (Emphasis in original.)
  • “In the United States, I am deeply concerned by recently adopted policies which punish children for their parents’ actions. In the past six weeks, nearly two thousand children have been forcibly separated from their parents. The American Association of Pediatrics has called this cruel practice ‘government-sanctioned child abuse’ which may cause ‘irreparable harm,’ with ‘lifelong consequences’. The thought that any State would seek to deter parents by inflicting such abuse on children is unconscionable. I call on the [U.S.] to immediately end the practice of forcible separation of these children, and I encourage the Government to at last ratify the Convention on the Rights of the Child, in order to ensure that the fundamental rights of all children, whatever their administrative status, will be at the center of all domestic laws and policies.” (Emphasis in original.) [6]

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[1]  U.S. State Dep’t, Remarks on the UN Human Rights Council (June 19, 2018). The Council is made up of 47 U.N. Member States, which are elected by the majority of members of the U.N. General Assembly through direct and secret ballot. The Council’s Members serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The U.S. is in its second consecutive term ending  January 1, 2019.

[2] Haley, Remarks at the United Nations Human Rights Council (June 6, 2017); Haley, Remarks at the Graduate Institute of Geneva on “A Place for Conscience: the Future of the United States in the Human Rights Council” (June 6, 2017).

[3] Human Rts. Council, Press Statement by the President of the Human Rights Council, Ambassador Vojislav Šuc (Slovenia) (June 19, 2018)

[4] Human Rights Council: Report of the Working Group on the UPR-China (252 paragraphs of recommendations) (Dec. 4, 2013);Report of the Working Group on the UPR-Cuba (292 paragraphs of recommendations) (July 8, 2013); Report of the Working Group on the UPR-Democratic Republic of Congo (229 paragraphs of recommendations) (July 7, 2014); Report of the Working Group on the UPR-Ethiopia (252 paragraphs of recommendations) (July 7, 2014); Report of the Working Group on the UPR-Iran (291 paragraphs of recommendations) (Dec. 22, 2014); Report of the Working Group on the UPR-Jordan (173 paragraphs of recommendations) (Jan. 6, 2014); Report of the Working Group on the UPR-Russian Federation (231 paragraphs of recommendations) (July 8, 2013);Report of the Working Group on the UPR-Turkey (278  paragraphs of recommendations) (April 13, 2015); Report of the Working Group on the UPR-Venezuela (274  paragraphs of recommendations) (Dec. 27, 2016).

[5]  U.N. Hum. Rts. Council, Opening statement and global update of human rights concerns by UN High Commissioner for Human Rights Zeid Ra’ad Hussein at 38th session of the Human Rights Council (June 18, 2018).

[6] After a firestorm of criticism by the public and politicians from both major political parties, President Trump on June 20 signed an executive order ending the policy of separating immigrant children from their immigrant parents. (Haberman & Shear, Trump Signs Executive Order to Keep Families Together, N.Y. Times (June 20, 2018).)

 

 

Global Update on Human Rights Concerns by U.N. High Commissioner for Human Rights

On June 18, 2018, the U.N. High Commissioner for Human Rights,  Zeid Ra’ad Al Hussein, delivered his final Global Update on Human Rights Concerns to the U.N. Human Rights Council in Geneva, Switzerland.[1]

He opened with what he called “some final reflections.”

First, there are indeed universal human rights; they are not alien, Western values.

Second, these rights are now under attack—” not only from the violent extremists, like the Takfiris, but also from authoritarian leaders, populists, demagogues, cultural relativists, some Western academics, and even some UN officials.”  This is due to “the most destructive force to imperil the world, chauvinistic nationalism – when raised to feral extremes by self-serving, callous leaders, and amplified by mass ideologies which themselves repress freedom. The UN was conceived in order to prevent its rebirth. Chauvinistic nationalism is the polar opposite of the UN, it’s very antonym and enemy.”

Third, the U.N. itself is not doing enough to combat this chauvinistic nationalism. This is due to “too many governments represented at the UN will often pull in the opposing direction: feigning a commitment to the common effort, yet fighting for nothing more than their thinly-thought interests, taking out as much as they can from the UN, politically, while not investing in making it a true success. The more pronounced their sense of self-importance – the more they glory in nationalism – the more unvarnished is the assault by these governments on the overall common good: on universal rights, on universal law and universal institutions, such as [the Human Rights Council].”

Fourth, the Office of the High Commissioner for Human Rights clearly has recognized that “only fearlessness is adequate to our task at this point in time. Not ducking for cover, or using excuses or resorting to euphemisms, but a fearlessness approaching that shown by human rights defenders around the world – for only by speaking out can we begin to combat the growing menace of chauvinistic nationalism that stalks our future..”

The High Commissioner then reviewed human rights concerns in many countries around the world. One was Cameroon, about which he said the following:

  • “In Cameroon, I trust that recent promising discussions with the authorities will swiftly lead to approval for a mission by the Office [of the High Commissioner] to all parts of the country. To date this access has been refused, despite the growing crisis in the Anglophone regions, with fighting between up to a dozen armed groups and the security forces. We have received reports of abuses and violations by all sides, including burning of schools and private property; mass arrests and arbitrary detentions; and the use of torture and excessive force by security personnel, leading to the displacement of 150,000 people within the country and over 20,000 to neighboring Nigeria.”

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[1] U.N. Hum. Rts. Council, Opening statement and global update of human rights concerns by UN High Commissioner for Human Rights Zeid Ra’ad Hussein at 38th session of the Human Rights Council (June 18, 2018)

Cameroon’s Human Rights Record Being Subjected to Universal Periodic Review by U.N. Human Rights Council: The UPR Hearing                    

This year Cameroon’s human rights record is the subject of its third  Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. Prior posts reviewed the nature of the UPR process and the pre-hearing papers for this UPR. Now we review Cameroon’s May 16 UPR hearing with a focus on the various comments made about the current conflict between the majority Francophones and the minority Anglophones.[1]

This hearing was limited to 3 ½ hours (210 minutes) and each of the 76 countries was limited to 1 minute 25 seconds (85 seconds).

Cameroon Government’s Comments

The Cameroon Government opened the hearing with comments by H.E. Mr. Mbella Mbella, its Minister of Foreign Affairs.

Near the end of his remarks, he said, “The social crisis in the North-West and South-West (Anglophone regions) began at the end of 2015 with strikes of lawyers and teachers. In response the government created the National Commission of Bilingualism and Multiculturalism to protect and ensure the balance of security and freedom.”

Earlier he laboriously discussed the process of preparing this national report, the implementation of recommendations from the prior UPR, the ratification of various human rights treaties, the adoption of the National Plan for the Promotion and Protection of Human Rights and the records of prosecutions and convictions for violations of human rights.

U.N.  Members’ Comments

There were 76 governments that made comments at the hearing (32 of whom were also Human Rights Council members plus 44 other U.N. members). Most of the comments and recommendations concerned Cameroon’s ratifying and enforcing various international human rights treaties, protecting the rights of children, women and LGBTQ people and other topics.

However, only the following 14 countries specifically addressed the current conflict between the Francophone-Anglophone communities:

  • Australia. Concerned about “recent violence between Cameroon security forces and protesting minority groups in [its] South-West and North-West [regions].” Recommends Cameroon “lift unnecessary restrictions on freedom of assembly, investigate alleged excessive use of force in disbursing demonstrators and assure arrested protestors receive fair trials.”
  • Austria. Concerned about “deterioration of the situation of the communities in the Anglophone regions of the country.” Recommended “ending the practice of secret detentions and ensure that no one is detained in a secret site, including unregistered military detention sites.” Recommended Cameroon “engage in a dialogue at the policy level with representatives of the Anglophone communities so as to identify appropriate measures to adequately respond to the violence affecting the South-West and North-West regions.”
  • Belgium. Concerned about “repressive approach in the Anglophone regions of Cameroon that runs the risk of exacerbating violent tendencies when there is a need for dialogue.” Recommended that Cameroon “take appropriate measures to ensure that the security forces act in compliance with laws and international human rights standards, conduct “independent and transparent inquiries on allegations of excessive use of force and bring perpetrators to justice.”
  • Canada.. Expressed “condolences to families of victims of violence… especially … as a result of tensions linked to claims of Anglophone community in North-West and South-West. Recommended that Cameroon “engage in sustained dialogue with representatives of the Anglophone community in North-West and South-West so as to provide consensus-based solutions while upholding human rights.”
  • Chile. Concerned with “general crime environment that exists in the English-speaking areas of the country as well as the accepted use of force against protestors in these regions.”
  • Czech Republic. Recommended “investigation of alleged torture and other ill treatment of other detained persons and incommunicado detainees.” Recommended “recognition of the right of citizens to express their views in dealing with programs of the English-speaking provinces.”
  • Germany. Concerned about reports of “violations of freedom of press and assembly, especially in the English-speaking areas of the country.”
  • Haiti. Recommended “effective implementation of the official Bilingualism Policy in consultation with all stakeholders to ensure equal treatment of the English-speaking minority.”
  • Honduras. Recommended “effective implementation of the Bilingualism Policy so as to ensure the English-speaking population does not suffer discrimination in employment, education and access to legal services.”
  • Republic of Korea. Recommended that Cameroon “redouble its efforts for the full and effective implementation of the official bilingual policy and ensure that the Anglophone minority are not subject to inequality in access to public services, administration of justice and freedom of speech. “
  • Slovakia. Concerned by “reports of human rights violations and abuses such as arbitrary arrest and extrajudicial executions by government forces and armed forces against members of the country’s Anglophone minority.”
  • Switzerland. Concerned by “violations of fundamental freedoms in the framework of the Anglophone crisis and anti-terrorism efforts. Demonstrations have been violently repressed and arbitrary arrests and detentions in difficult conditions have been made. “ Recommended that Cameroon’s “anti-terrorism law be reviewed and amended to ensure it is not used to restrict freedom of expression, association and assembly. “Recommended that “any reported cases of violations or abuses by Cameroon’s security forces are subjected to independent inquiry and prosecution.”
  • United Kingdom. Noted that “the Anglophone crisis has led to violence and disruption to many people and urged the government and all parties to fully respect and guard human rights.” Recommended that the government “allow various international agencies to have access to Anglophone separatists leaders extradited by Nigeria and held incommunicado by Cameroon since January 2018.”
  • United States. U.S. expressed concern overcredible allegations of human rights violations and abuses by security forces.  We call on the government to credibly investigate these allegations and hold those responsible to account.  We are also concerned by reports of harassment and intimidation of youth, civil society, journalists, and opposition leaders, particularly in the Northwest and Southwest Regions, as well as restrictions on the rights of peaceful assembly and freedoms of association and expression.” (Emphases added.)

The U.S. also called on the Cameroon government “to respect the human rights of everyone, including the 47 [Anglophone] Cameroonians forcibly returned from Nigerian custody to Cameroonian authorities in January.  We expect the government of Cameroon to afford all individuals detained all of the rights and protections provided under domestic and international law.” (Emphasis added.)

 Finally the U.S. made these recommendations: “(1) Acknowledge and investigate credible allegations of human rights violations and abuses, and hold those responsible to account.(2) Respect the rights of peaceful assembly, and freedoms of association and expression, including when exercised online, and afford all of those detained all the rights enshrined in Cameroon’s constitution and under international law. (3) Decriminalize consensual same-sex sexual relations and immediately cease targeted discrimination and violence against LGBTI persons.”[2]

It also is noteworthy that France, which governed what is now the Francophone area of Cameroon after World War I until 1960, made comments without saying anything about the current Francophone-Anglophone conflict. Nor did two members of the troika for this UPR—Iraq and South Africa—while the third member of that group—United Kingdom—did as noted above.

Cameroon Government’s Response

At the end of the hearing, Cameroon’s Foreign Minister made a lengthy response to the many comments made by the other countries. He ended those remarks with the following extensive comments about the “Anglophone problem.”

“After World War II, under U.N. supervision, we obtained independence from France and the United Kingdom and created a single country by merging the two colonial states. There were not separate English-speaking and French-speaking countries, and now these linguistic groups have merged and are mixed and cannot be separated.”

“At the end of 2016 there was a corporate clamor by lawyers and teachers’ unions in the South-West and North-West. The government responded to these claims, and now no unions are making claims.”

“Some extremists used the unions claims to question the structure of the state by arguing for federalism. But the Constitution did not permit federalism. Instead the President asked for dialogue. Thus, the Prime Minister and Head of government intervened to conduct dialogue with the North-West and South-West. This resulted in a major decision to create the Commission for Bilingualism and Multiculturalism, which recognized the country was a multi-ethnic state with different linguistic communications.”

“Nevertheless, the extremists continued to commit acts of violence—burning houses, kidnapping, rape and destructive calls for hatred of communities.”

“But there is no Anglophone problem as such. Instead the government is working for some decentralization without giving in to the violence. There has been progress in these efforts. Not all are asking for a separate country.”

“The states in the North-West and South-West maintain law and order and seek to protect the people against abuses and to assure freedom of expression and movement without violence.”

“Some of the protesters have treated law enforcement officers like animals by cutting off their arms and feet. No one will tolerate this.”

“There are no extrajudicial executions.”

“Pursuant to Cameroon’s extradition treaty with Nigeria, Cameroon requested, and Nigeria granted, extradition of 47 Cameroonians who had committed acts of terrorism in Cameroon. They are not refugees. In Cameroon they are properly housed and will answer to the rule of law with assistance of counsel. They were not arbitrarily arrested. Instead they were arrested in Nigeria pursuant to international arrest warrants.”

“There is freedom of expression in Cameroon marked by openness in media. There are 1,200 publications, 25 private television channels, 25 private cable channels and 107 private radio stations. This freedom of expression has been enhanced by a 2015 law about electronic communications and the creation of a special fund for audio-visual communications.”

“In 2017 there was a temporary suspension of the internet in the North-West and South-West due to some messages promoting violence. On April 20, 2017 the Minister of Communications advised global operators to reset connections.”

Conclusion

The final stage of the Cameroon UPR will take place in September 2018, at which time the final report will be presented by the Troika.

The comments about the Francophone-Anglophone conflict by 14 countries and by the Foreign Minister’s concluding comments will be discussed in a future post. Another post will address this blogger’s general reactions to the UPR process that are raised by his review of the recent UPR process for Cameroon and for Cuba.

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[1] U.N. Human Rts. Council,  Cameroon Review—30th Session of Universal Periodic Review (May 16, 2018)  The following quotations and analysis of the comments by the Cameroon Foreign Minister and by U.N. members are based upon listening to their recorded comments in English or translated into English by U.N. interpreters when some of their voices were difficult to hear or understand. Thus, there may be errors in the following account of their comments. The exception is the U.S. which published its comments on the website for the U.S. Mission to the U.N., Geneva.

[2] U.S. Mission, Geneva Switzerland, U.S. Statement at the UPR of Cameroon (May 16, 2018).

 

Cameroon’s Human Rights Record Being Subjected to Universal Periodic Review by U.N. Human Rights Council: The Pre-Hearing Papers               

This year Cameroon’s human rights record is a subject of its third  Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. A prior post reviewed the nature of the UPR process. Now we look at the pre-hearing papers for this UPR while future posts will cover the May 16 UPR hearing and then the results of the UPR.

Cameroon’s Third UPR Pre-Hearing Papers

 Prior to the May 16, 2018, hearing on Cameroon’s UPR, the following materials have been translated from their original language into five other languages and made available on the Council’s website: (a) Cameroon’s National Report to the Council; (b) the U.N. High Commissioner for Human Rights’ Compilation of U.N. Information on Cameroon; and (c) the Council’s Working Group on the Universal Periodic Review’s Summary of Stakeholders’ submissions on Cameroon.

Cameroon’s National Report[1]

In the section “Implementation of recommendations from previous cycles,” it discussed ratification of various international human rights instruments, including the following: (a) persons charged with the crime of genocide under the Code of Military Justice “shall be tried by the military courts;” (b) the instruments for the ratification of the Optional Protocol to the [Torture convention] are being deposited; (c) the International Convention for the Protection of All Persons from Enforced Disappearance has been signed and is in process of ratification.

Paragraph 66 states, “the 2016/17 school year has been subject to some disruptions in the North-West and South-West regions occasioned by the actions taken by a number of trade unions, including teachers’ unions.” (Emphasis added.)

Paragraph 98 states, “Efforts to ensure access to justice have included the continuation of mobile court hearings in areas where there are no established courts to speak of.” (Emphasis added.)

Paragraph 112, it stated, “The realization of human rights in Cameroon is a work in progress, as security and economic constraints still limit their enforcement in certain areas. . . . In October 2017, there were around 236,000 internally displaced persons and 332,000 refugees scattered throughout the East, Adamaoua and Far North Regions of Cameroon. (Emphasis added.)

Paragraph 113 stated, “The social crisis in the North-West and South-West Regions, which was triggered in late 2016 by the mobilization of a number of teachers’ and lawyers’ unions, has also interfered with the enforcement of certain human rights.” (Emphasis added.)

Paragraph 115 states, “Dialogue, the obligation to preserve the integrity of the national territory, its people and their property, as well as to promote conciliation, have shaped the response to the aforementioned social crisis. If the crisis is to be resolved, all persons must show good will in working to live together more harmoniously. To this end, in addition to the steps taken to address the demands made by these unions, the institutional framework has been enhanced by the establishment of the National Commission for the Promotion of Bilingualism and Multiculturalism (annex 16).” (Emphasis added.)

Paragraph 116 states, “increased support in the fight against terrorism and a more equal sharing of the burden of caring for refugees and managing internally displaced populations are being requested, as is increased support for national efforts to consolidate social harmony.” (Emphases added.)

U.N. Information about Cameroon[2]

This report summarized comments about Cameroon from various U.N. agencies, including the following comments relating to the Francophone-Anglophone disputes:

  • In November 2017, several special procedure mandate holders warned the Government of Cameroon to engage with representatives of the anglophone population in a meaningful political dialogue and halt renewed violence in the south-west and north-west, where the country’s anglophone minority was reportedly suffering worsening human rights violations. They urged the Government to adopt all necessary measures consistent with Cameroon’s human rights obligations to end the cycle of violence. Up to 17 people had reportedly been killed and dozens wounded and arrested in demonstrations in the country’s anglophone regions since 1 October 2017. The special procedure mandate holders were disturbed by reports of a series of measures taken by the national authorities, including curfews, a ban on public meetings, and other restrictions aimed at preventing peaceful protests. Excessive use of force by the security services, injuries, mass arrests, arbitrary detentions, torture and other ill-treatment had been reported.” (Para. 22; emphasis added.)
  • The special procedure mandate holders asked the Government to take effective measures to prosecute and sanction all those responsible for such violations. The appeal for . . . action came nearly a year after other United Nations human rights experts publicly urged the Government to halt violence against the anglophone minority, following reports that anglophone protesters in Buea and Bamenda had suffered undue force. The special procedure mandate holders also denounced any use of violence against members of the security forces, after reports that several had been killed. Since December 2016, the special procedure mandate holders have repeatedly raised concerns directly with the Government of Cameroon, and continue to monitor and seek clarification of the alleged human rights violations in the north-west and south-west of the country.” (Para. 23; emphases added.)
  • “The Human Rights Committee raised its concern at the alleged existence of secret detention facilities that were not subject to oversight of any kind.” (Para. 26.)
  • “The Committee against Torture recommended that Cameroon put an end to the practice of incommunicado detention and ensure that no one is detained in secret or unauthorized places, including unlisted military detention centers. Cameroon should investigate the existence of such places and detainees should be released or transferred to official places of detention.” (Para. 27.)
  • “The Committee against Torture stressed that the State should ensure that all allegations of excessive use of force, extrajudicial executions, ill-treatment and arbitrary arrest by State officials during or after the demonstrations in the anglophone region are the subject of an impartial investigation, that those responsible are prosecuted and, if found guilty, punished, and that victims obtain redress.” (Para. 28; emphasis added.)
  • “The Committee against Torture requested Cameroon to put in place, as soon as possible, a programme to protect witnesses and victims of torture. (Para. 29; emphasis added.)
  • “The Human Rights Committee urged Cameroon to lift any unnecessary restrictions on the freedom of assembly and the freedom to demonstrate, in particular for members of the country’s English-speaking minority.” (Para. 33; emphasis added.)
  • “UNESCO noted that Cameroon had suspended Internet services in the country’s Northwest and Southwest regions after a series of protests that had resulted in violence and the arrest of community leaders.” (Para. 37; emphasis added.)

Stakeholders’ Submissions[3]

Sharp criticisms of Cameroon from various groups were registered in 54 paragraphs. The following focused on human rights violations against Cameroonian Anglophones.

“Southern Cameroons Public Affairs Committee indicated that the Anglophone minority suffered a policy of ongoing discrimination, including the prohibition of the use of their language in daily public life. It further noted that discrimination has been used in various sectors including education, employment and access to justice. It recommended ending discrimination and the harassment of Anglophones and adopting an antidiscrimination legislation and policy.” (Para. 10; emphasis added.)

“Plateforme EPU noted the adverse consequences that the crisis in the Englishspeaking parts of the country has had on the economy, in particular because of the shutdown of Internet access for several months.” Para. 15; emphasis added.)

“JS2 noted that the anti-terrorism legislation allowed for Cameroonian to be charged in military courts and to face death penalty if their sponsored terrorism, which contravenes the right to a fair trial. JS2 was concerned by the lack of impartiality and independence of the military courts as well as the vague definition of terrorism. It recommended revising the anti-terrorism bill in accordance with international human rights obligations.  Amnesty International raised similar concerns and urged Cameroon to provide a definition of terrorism in line with international human rights standards and to limit the use of the military courts.” (Para. 18; emphasis added.)

“JS4 expressed concern about the increase in the number of death sentences being handed down by Cameroonian courts, especially in the northern part of the country.JS4 criticized the vague, general laws on terrorism, which are used as grounds for arresting defenders of the rights of the English-speaking minority.JS4 noted that persons on death row in Cameroon are denied their rights and are subjected to inhuman treatment and torture. JS4 recommended that Cameroon should take all necessary steps to amend the counter-terrorism law of 2014 and the Penal Code of 2016 to eliminate the death penalty. JS4 also recommended that the authorities should ensure that the rights of persons sentenced to death are respected, in particular by ensuring that proceedings are conducted transparently and that defendants are assisted by counsel.” (Para. 19; emphasis added.)

“The Southern Cameroons Public Affairs Committee reported that security forces have been using excessive force toward citizens, including torture and harass, and arbitrary arrested and detained incommunicado for prolonged periods without trial. It recommended ending all use of arbitrary arrest and detention of citizens, and use of torture or other cruel treatment.  It further urged that Cameroon investigate into allegations, and prosecute those responsible for the violence against Anglophones.” (Para. 20; emphases added.)

“JS2 noted that many persons were arbitrary arrested and held in horrific conditions following the riots in the English-speaking regions of country. JS2 urged Cameroon to work with the judicial system to ensure detention periods are not excessive, subject the conduct of arrests to strict conditions and to ensure that national criminal legislation on arrest is compatible with international human rights standards.” (Para. 23; emphasis added.)

“Plateforme EPU pointed out that some individuals are still being held illegally in prisons in the wake of the crisis in the English-speaking parts of the country.” (Para. 24; emphasis added.)

“SCAPAC indicated that English language was excluded in courts and that Anglophones have been deprived of access to justice and an effective justice remedy. SCAPAC further noted that many Anglophone detainees are not informed of the charged for which they were accused. (Para. 26; emphases added.)

“JS7 noted that in 2017, the government ordered the suspension of internet services in the Northwest and Southwest Anglophone regions of Cameroon, following the protest against the dominance of French language in Cameroon. It recommended that Cameroon refrain from shutting down internet communication, take actions to adopt a law on access to information and further implement legal safeguards to prevent unlawful surveillance.” (Para. 28; emphasis added.)

“JS2 and JS5 noted that Cameroon continues to show high levels of intolerance towards human rights defenders who are critical of the government, especially in the context of the Anglophone crisis.” (Para. 31; emphasis added.)

“Amnesty International noted that Cameroon have continued to restrict the rights to freedom of expression, association and peaceful assembly, in particular during the protests in the Anglophone regions.” (Para. 32; emphasis added.)

“The Committee to protect journalist (CPJ) regretted that criminal defamation legislation against journalist continues to exist in Cameroon. CPJ noted that Cameroon is using the anti-terror law to prosecute journalist in military court, in particular since the unrest in English-speaking regions. It was concerned by the overly broad provisions of the law and the potential abuse of political opponents and the right to freedom of expression.” (Para. 33; emphasis added.)

“SCAPAC noted that Cameroon has taken measures to exclude Anglophones from participation in government and employment in the public services and to shut down the internet in the South in violation to the right to free speech and access to information. It recommended to release journalists and to ensure a favorable climate for the activities of human rights defender. The Law Society of England and Wales found it regrettable that the anti-terrorism law is used to bring proceeding against human rights defenders. It recommended that Cameroon should respect the rights to freedom of association and assembly and provide human rights defenders the protection required to carry out their functions. Plateforme EPU made the same observations on the counter-terrorism law and expressed concern about the law’s adverse effects on freedom of expression.” (Para. 35; emphasis added.)

“CPJ also noted that Cameroon led an internet shutdown in the English-speaking regions and suspended broadcast permission for several Medias. It recommended Cameroon to ensure an environment conducive to press freedom by revising the antiterrorism law and decriminalizing defamation. It further recommended that Cameroon ensure that arrests and detention comply with international human rights law and to maintain internet access across the entire country.” (Para. 36; emphasis added.)

In the context of the government’s response to the Anglophone crisis, Front Line Defenders reported the deteriorating environment for the activities of human rights defenders in Cameroon. It also noted that human rights defenders were victims of threats, intimidation, smear campaigns and physical attacks.87It regretted the adoption of the antiterrorism law, which further increase the chance for human rights activist to be charged in military courts and to face the death penalty. It also noted the continued violation of freedom of assembly. Front Line Defenders urged Cameroon to review and amend the 2014 anti-terrorism law to ensure that its provisions are not used to restrict freedom of expression or association and to take actions to put an end to the arbitrary arrest and detention of human rights defenders. It further recommended that Cameroon guarantee the exercise of the right to freedom of peaceful assembly and a safe environment for human rights defenders by ending the harassment against human rights defenders and bringing perpetrators to justice. Plateforme EPU made the same observations concerning infringements of freedom of expression and of the rights of human rights defenders.” (Para. 37; emphases added.)

“The Southern Cameroons Public Affairs Committee further indicated that Anglophones have been marginalized and assimilated in the sphere of education. It recommended to protect linguistic heritage of the Anglophones and ensure that education is adapted to their cultural heritage.” (Para. 44; emphasis added.)

Advance Questions for Cameroon[4]

 The following advance questions were submitted by other Council members:

Member Questions
Belgium 1.Does Cameroon plan to sign and ratify the UN human rights conventions to which it is not yet party?

2.Does the Cameroonian Government plan to ratify the Rome Statute of the International Criminal Court, the APIC or align its national legislation with the Rome Statute?

3.In the previous UPR, Belgium recommended that Cameroon investigate cases of police violence against persons because of their actual or perceived sexual orientation. What measures has the Cameroon authorities taken in this regard?

4. How does the Cameroonian government guarantee freedom of expression on the Internet in all parts of the country?

5. Does the Cameroonian government intend to continue the de facto moratorium on the execution of the death penalty, including the application of the anti-terrorism law?

6. What measures is the Government of Cameroon taking to put an end to the escalation of violence, arbitrary arrests and ill-treatment of State agents in the English-speaking areas of the country, and to ensure that after an independent investigation and impartial, those responsible are prosecuted and victims get redress? (Emphasis added.)

Brazil 1.The Committee on the Elimination of Discrimination against Women (CEDAW) has expressed concern about the persistence of gender-based violence. What efforts is Cameroon planning to make to address this situation and improve the socio-cultural status of women?

2.What measures is Cameroon taking to protect children from sexual exploitation, violence, and early or forced marriages?

Germany 1.In the past, repeated allegations for violating human rights have been made against the security forces of Cameroon. How does the government ensure that human rights standards are met by the police and the military? (Emphasis added.)

2.What position does the Cameroonian government have towards international criminal law? Will there be any steps to ratify the Rome Statute in the near future?

3.The humanitarian situation in Cameroonian prisons has worsened in recent years due to progressive overcrowding. What measures is the Cameroonian government planning to improve in the short and medium term?

Liechtenstein 1.What steps has Cameroon taken to ratify the Rome Statute in its 2010 version?

2.What steps has Cameroon taken to join the Code of Conduct regarding Security Council action against genocide, crimes against humanity or war crimes, as elaborated by the Accountability, Coherence and Transparency Group (ACT)?

Portugal 1.Does Cameroon plan to sign and ratify the UN human rights conventions to which it is not yet party?

2.Has the State under review established a “national mechanism for implementation, reporting and follow-up” covering UPR recommendations, but also recommendations / observations made by the Treaty Organs? Human Rights, Special Procedures and relevant regional mechanisms? If so, could the State under review briefly share its experience in establishing such a mechanism, including difficulties encountered and lessons learned, as well as plans or needs for strengthening the mechanism in the future?

Slovenia 1.With regard to our recommendation from the 2nd cycle of the UPR on the elimination of female genital mutilation, we would like to request information on the efforts taken by the government in this regard.

2.When will the government establish the minimum age for marriage as 18 for both girls and boys?

United Kingdom

of G.B. & N. I

1.What steps has the government of Cameroon taken to complete an investigation into security forces’ handling of peaceful student protest at the University of Buea on 29 November 2016, to hold to account those responsible and to support victims?  (Emphasis added.)

2.What steps will the government of Cameroon take to address human trafficking, particularly of young women, for forced labor and sexual exploitation?

3.What steps is the government of Cameroon taking to ensure fair trials for Anglophone detainees and separatist leaders extradited from Nigeria who have been held incommunicado since January this year?  (Emphasis added.)

4.What steps is the government taking to promote freedom of expression, including improving access to information and ensuring a free media.

Conclusion

This blogger’s Cameroonian friends have emphasized that their Francophone brothers and sisters constitute roughly two-thirds of the population and control the central government; that Francophone teachers who do not know the English language are being sent into schools in the Anglophone areas of the country and forcing students to take examinations in the French language which they do not know; that Francophone judges who do not know the English language and the laws of the Anglophone areas are also being sent into these areas and deciding cases under French-language laws; and that the central government’s military forces are being sent into Anglophone areas and destroying villages and crops, thereby forcing those individuals to flee into nearby cities.

As a result, this post has emphasized the allegations of human rights violations being suffered by the Anglophones.

Future posts will examine the hearing and the final report.

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[1] U.N. Hum. Rts. Council, National report: Cameroon (Mar. 5, 2018) https://documents-dds-

[2] U.N. Hum. Rts. Council, Compilation on Cameroon: Report of the Office of the U.N. High Commissioner for Human Rights (Mar. 12, 2018).

[3] U.N. Hum. Rts. Council, Summary of Stakeholders’ submissions on Cameroon (Feb. 28, 2018).

[4] U.N. Hum. Rts. Council, Advance Questions to Cameroon (First Batch); U.N. Hum. Rts. Council, Advance Questions to Cameroon (Second Batch).