Another Speech About Unalienable Rights by Secretary of State Michael Pompeo

On September 6, U.S. Secretary of State Michael Pompeo returned to his home state of Kansas to deliver the Landon Lecture at Kansas State University, entitled, “In Defense of the American Rights Tradition.” Here are highlights of what he had to say followed by this blogger’s reactions. [1]

Pompeo’s Lecture

“Our glorious history . . . should be revered.  And the truest expression of that reverence is to safeguard and live by the principles by which this country was founded, and those people who forged this unique place.”

“That . . . American tradition, begins with a set of unalienable rights.  Our nation’s founding created them.  They’re the beating heart of who we are as an American body today, and as Americans.  The Declaration of Independence laid it out pretty clearly. . . . It says:  ‘We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights,’ and, ‘That among these are Life, Liberty and the pursuit of Happiness,’ and, ‘That to secure these rights, Governments [were] instituted among Men, deriving their just powers from the consent of the governed.’”

“In other words, these are rights that were endowed upon us by our creator.  They’re part of our nation . . . and they’re part of who we are as Americans, as human beings.  They are independent of anything our government does, and the purpose of government indeed is to protect those unalienable rights.  And I must say, as I travel the world, there can be no nobler cause.”

“Just as profoundly, that declaration says that all men – and it meant all human beings – are created equal.  These rights weren’t unique to us as Americans.  We were simply the first nation with the vision to organize around them, with a national mission that was to honor those very rights, these fundamental rights.”

“In 1858, George Washington Brown, an abolitionist newspaper editor from Lawrence [Kansas], said ‘…no party…of men can be guilty of greater inconsistency or absurdity than those who deny the axiomatic truths asserted in the equality and inalienable rights of all men.’”

“John Speer, a bit later, the abolitionist editor of the Kansas Pioneer, said that, ‘The American Government was originally based upon the principle of the universality of freedom, and the Declaration of Independence was an emphatic [and] succinct declaration that all men [are indeed] created equal, and entitled to certain unalienable rights,’ as a result of their human dignity.”

“And then in commenting on the Declaration’s affirmation of unalienable rights, [President Abraham] Lincoln said that the Founders, ‘meant to set up a standard maxim for free society, which should be familiar to all, and revered by all.’”

“Unalienable rights are at the core of who we are as Americans.  We abhor violations of these rights, whenever and wherever they are encountered.”

“American diplomats have always had this as one of their core causes. . . .  After World War II, the world looked to America to take the tradition of unalienable rights – which came to be called human rights – beyond our shores.”

“In 1948, thanks to our leadership, the United Nations adopted the Universal Declaration of Human Rights – a document inspired by our Constitution’s Bill of Rights.”

“And we need to remember this was the first time ever . . . that America led nations to set a standard for how governments should treat their people.  We even fought to protect unalienable rights of the people inhabiting nations we had just defeated.  We’ve done this repeatedly.  This wasn’t American imperialism, but rather it was American mercy and grace.  We knew it was right for them as well, and right for us.”

The State Department’s mission “is to promote and foster these unalienable rights so that they will abound, that they’ll be everywhere.  We have an entire bureau devoted to no task other than that one. . . . Every year, . . . [the Department’s diplomats] produce an exhaustive report of every human rights violation around the world.  It becomes the encyclopedia for all other governments to see, and you should know we spare no one.  We call them like we see them.  No other country does that.”

“We owe it to all Americans to uphold this noble tradition of American leadership to secure rights here at home and abroad.”

“We owe it to all Americans to uphold this noble tradition of American leadership to secure rights here at home and abroad.”

“Today, frankly, our children aren’t taught about the central role of unalienable rights in our schools in the way that they must be.”

“I’ve seen the media try and rewrite our history as an unrelenting tale of racism and misogyny, not as a bold but imperfect nation, an experiment in freedom.  We need to do that.”

“Our politicians too, from time to time, have framed pet causes as ‘rights’ to bypass the normal process by which political ends are achieved.  And we’ve blurred the distinction between and mere political preferences or priorities.” (Emphasis added.)

“International institutions have moved away from these core tenets as well. . . . One research group found that between the United Nations and the Council of Europe, there are a combined 64 human rights-related agreements and 1,377 provisions.” (Emphasis added.)

“And with respect to unalienable rights, we need to know that more, per se, is not always better.  We have to protect those things that are at the core, at the center, that are foundational.  Because when rights proliferate, we risk losing focus on those core unalienable rights, the ones that we would give everything for.” (Emphasis added.)

Now “there is far too little agreement anymore on what an unalienable right truly is.  Just because a treaty or a law or some writing says it’s a right, it doesn’t make it an unalienable right. Remember where these rights came from.” (Emphasis added.)

Last year “the UN Human Rights Council, at . . . [China’s] urging, adopted a resolution that called for nations ‘to work together to promote mutually beneficial cooperation in the field of human rights.’ It emphasized ‘genuine dialogue and cooperation…based on…mutual respect.’ This was, sadly, coded language for repressive regimes to establish a code of silence about their massive human rights violations, those that rival the worst human rights violations from our past century.” Only one country on the Council—the U.S.–voted against this resolution.

“We must reclaim the tradition of unalienable rights from deliberate misunderstanding and, indeed, from cynical abuse. [That was why I created the Commission on Unalienable Rights.] We know that if we don’t get the understanding of rights, as our founders understood them, correct – these set of inviolable freedoms, rooted in our nature, given by God, for all people, at all times – we will wander away from them.  And American security, and America’s place in the world will be diminished. So the commission’s mission is to help uphold America’s noble tradition of unalienable rights in this world that often violates them.” (Emphasis added.)[2]

But this Commission is not “our nation’s authoritative voice on human rights. Remember, too, the [U.N.’s] Universal Declaration [of Human Rights] was spearheaded by an American woman, Eleanor Roosevelt.  She once said, “Where, after all, do…human rights begin?  They begin in small places, [places] close to home.”

After the speech, in response to a question from the audience, Pompeo said the Trump Administration believes “that every human being should be protected from conception through end of life, natural end of life. . . . We’ve done our level best to prevent . . .taxpayer dollars [are not going to organizations that were promoting abortion.] It’s called the Mexico City Policy. . . . [W]e still want to support women’s health issues all around the world. . . .But we’ve been diligent in trying to protect the unborn in every dimension of American foreign policy, and we’ll continue to be.”

Reactions

There was a lot to like in this speech. The U.S. Declaration of Independence of 1776 is indeed very important for U.S. and world history, as is its assertion that certain rights come from God.  Also positive was his emphasizing the importance of the U.N.’s Universal Declaration of Human Rights.

On the other hand, Pompeo made assertions that do not sit well with this blogger. He reiterated his argument that now there are too many “pet causes” and “mere political preferences or priorities” being disguised as “rights” and that instead we need to eliminate such notions (especially the right to abortion) and return to “fundamental, universal rights.” In so doing, he again failed to recognize that immediately after the Declaration of Independence’s recitation of certain “unalienable rights,” it states, “to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” In other words, this Declaration recognized that legislation would be necessary to secure or protect the unalienable rights and that in so doing the Declaration of 1776 could not anticipate everything that would happen in the future and prompt the people to ask their legislatures to  would provide additional rights.

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[1] State Dep’t, Pompeo Landon Lecture: In Defense of the American Rights Tradition (Sept. 6, 2019).

[2] This blog has published many posts about the Commission on Unalienable Rights.

 

U.S. Unjustified Campaign To Discredit Cuba’s Foreign Medical Mission Program 

Over the last several years, the U.S. has been waging a campaign seeking to discredit Cuba’s foreign medical mission program. This campaign includes the State Department’s annual reports on human trafficking that have alleged Cuba has been engaged in illegal forced labor of some of its medical professionals in these programs. Another part was the recent decision to deny U.S. visas to Cuban officials directing the medical mission program.[1] The most recent measure has been the U.S. Agency for International Development (USAID’s) soliciting bids to conduct research and analysis of evidence regarding the forced labor allegation. Some Congressmen also have suggested reactivation of a U.S. program providing U.S. parole visas for such medical professionals to be admitted to the U.S.[2] Unsurprisingly Cuba denies these allegations and condemns these U.S. programs. (Emphases added.)

Here we will look at key parts of this trafficking in persons report, the recent USAID solicitation of bids for research and analysis, Cuba’s response to that solicitation and a demonstration why the U.S. allegations are specious.

U.S. 2019 Trafficking in Persons Report [3]

The most recent such report, which was issued on June 20, 2019, said the following, in part:

  • In November 2018, Cuban healthcare workers filed a class action in the U.S. District Court Southern District of Florida under the Trafficking Victims Protection and the Racketeering Influenced and Corrupt Organization Acts alleging the Cuban government profited from the export of healthcare professionals; the case remains pending.[4] In Brazil, the Cuban government collected revenue for each professional’s services and paid the worker a fraction of the revenue depositing a large percentage of the worker’s wages in an account in Cuba only accessible upon completion of the mission and return to Cuba. . . . Some participants in foreign medical missions as well as other sources allege Cuban officials force or coerce participation in the program; the government has stated the postings are voluntary, and some participants also have stated the postings are voluntary and well-paid compared to jobs within Cuba. Observers report the government does not inform participants of the terms of their contracts, making them more vulnerable to forced labor. The Cuban government acknowledges that it withholds passports of overseas medical personnel in Venezuela; the government provided identification cards to such personnel. Some Cuban medical personnel claim they work long hours without rest and face substandard working and living conditions in some countries, including a lack of hygienic conditions and privacy. Observers note Cuban authorities coerced some participants to remain in the program, including by withholding their passports, restricting their movement, using “minders” to conduct surveillance of participants outside of work, threatening to revoke their medical licenses, retaliate against their family members in Cuba if participants leave the program, or impose criminal penalties, exile, and family separation if participants do not return to Cuba as directed by government supervisors.” (Emphases added.)

USAID’s Solicitation of Research Bids [5]

On August 12, 2019, the U.S. Agency for International Development (USAID) announced that it was offering up to $3 million to organizations that would “investigate, collect, and analyze information related to human rights violations – including forced labor – of Cuban medical personnel exported overseas.”

USAID purported to justify this effort by alleging, “The Cuban regime exploits its medical professionals, teachers and other workers, using them to buy international financial and political support and keep its struggling economy afloat, while pocketing the majority of these workers’ salaries and subjecting them to poor living conditions, constant surveillance, and threatening those who wish to leave their mission. At the same time, Cubans on the island struggle to find adequate healthcare and other basic services while the regime touts the false narrative that it has the best medical care in the world.” (Emphasis added.)

In addition, USAID said, “the information collected should also document the effects of these practices on Cubans on the island. The data collected would be used for advocacy within Cuba, in Latin America and with regional and international bodies, such as the Inter-American Commission on Human Rights (IACHR) and the United Nations Human Rights Council (UNHRC) in an effort to pressure the Cuban regime to improve the living conditions of doctors and other workers, and promote greater respect for labor and other basic human rights for all Cuban citizens.”

Cuba’s Response[6]

In an August 30 Declaration, the Cuba Foreign Ministry “energetically denounces and condemns the recent aggression of the government of the United States against Cuba via a USAID program designed to fund actions and information searches to discredit and sabotage the international cooperation being provided by Cuba in the health area in dozens of countries for the benefit of millions of persons.  This is an endeavor added to the crude pressures exercised against a number of governments in order to obstruct Cuban cooperation and to the earlier efforts for the same purpose such as the special ‘parole’ program designed to steal human resources trained in Cuba.”

“The heart of this immoral calumny consists of alleging, with no factual foundations whatsoever, that Cuba is involved in the traffic of persons or in the practice of slavery, and wishing to degrade the meritorious work that hundreds of thousands of Cuban health professionals and technicians are voluntarily undertaking, and have been undertaking, throughout history, in a number of countries, especially in the Third World.”

This is “an affront to the bilateral and intergovernmental cooperation programs, all lawfully set up between the Cuban Government and the governments of dozens of countries, which have been consistent with the [U.N.] guidelines referring to South–South cooperation and which have responded to the health requirements that those same governments have defined in a sovereign manner.”

“This is an attack against the efforts in solidarity which have received the acknowledgement of the international community and the specific praise from the most senior officials of the United Nations, the World Health Organization and the Pan-American Health Organization.”

“These lies reveal the low morality of the [U.S.] government and its politicians who devoted themselves to the business of aggression against Cuba.  The campaign has millions of dollars of funds and the complicity of a number of the mass media giants and, particularly, of unscrupulous reporters who have sacrificed their so-called impartiality and objectivity in the service of the political interests of the [U.S.] government.”

“For decades . . . in those nations having more unfavorable economic conditions, that cooperation has been provided, and is being provided, as a gesture of solidarity; its expenses are covered by Cuba practically in their entirety. Likewise, and following the [U.N.] conceptions on cooperation between developing countries, this is being offered in various nations on the basis of complementarity and partial compensation for services rendered.”

Cuba has provided “self-sacrificing and humanist professionals ready and willing to work of their own free will in the most difficult of conditions, and of the ideas of health coverage that years of successful experience has permitted us to build up.”

“The Cuban technicians and professionals participating in those programs do so in an absolutely free and voluntary manner.  While serving their missions, they continue to be paid their entire Cuban salaries and they also receive stipends from the destination countries, along with other forms of compensation.”

“In cases where Cuba receives compensation for the cooperation being provided, those . . . [countries] distinguish themselves by contributing a highly valued, fair and totally lawful amount for the funding, sustainability and development of the massive and free health system that is accessible to each and every Cuban, as well as for the cooperation programs that are carried into many parts of the world.”

“Access to health is a human right.  The United States is committing a crime when it wishes to deny that or to obstruct it for political reasons or as aggression.”

This Cuban criticism was echoed in an August 31 tweet by President Miguel Diaz-Canel, who said, “The carelessness, the lie, the perversity of the empire crumble before the moral height accumulated by the dignified history of the Cuban missions in health.”

The Specious U.S. Allegation of Illegal Forced Labor [7]

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

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

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

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

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

Another rebuttal of the U.S. allegations about the medical mission program recently was provided by a U.S. citizen, Dr. Graham Sowa, who has a Cuban medical degree and who now is a resident in internal medicine in a Florida hospital. He did not participate in the Cuban medical mission program, but his Cuban friends who are now physicians have done so and who totally reject this allegation. Sowa said, ““Cuba says they want to provide humanity with medical care. It is their commitment toward international solidarity.”

Conclusion

No matter how many times the U.S. alleges that Cuba’s foreign medical mission program engages in illegal forced labor does not make it so. The U.S. has not even publicly submitted an attempted legal justification for these allegations.  The U.S. is wasting money on this specious claim.

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[1]  New U.S. Government Hostility Towards Cuba’s Medical Mission Program, dwkcommentaries.com (Aug. 14, 2019)

[2] Senators Rubio and Menendez Call for Restoring U.S. Parole Program for Cuban Doctors, dwkcommentaries.com (Jan. 11, 2019). See also posts listed n the “Cuban Medical Personnel & U.S.” section of List of Posts to dwkcommentaries—Topical: CUBA.

[3] State Department Unjustly Downgrades Cuba in Annual Report on Human Trafficking, dwkcommentaries.com (June 22, 2019).

[4]  Pais, Health Organization Accused of Trafficking Doctors to Brazil, Courthouse News Service (Dec. 3, 2018)  The class action complaint, which was filed November 30, 2018, alleges that the Pan American Health Organization collected over $75 million since 2013 by enabling and managing the illegal trafficking of Cuban medical professionals in violation of the Trafficking Victims Protection Act and the Racketeering Influenced and Corrupt Organizations Act. Nothing of substance has happened so far in this case. The last docket entry was on July 2, 2019, for an order setting a hearing on July 18, 2019, for Pan American Health’s objections to and appeal from a magistrate judge’s order denying its motion to transfer the case to the U.S. District Court for the District of Columbia. (Civil Docket, Rodriguez v. Pan American Health Org., Case #: 1:18-cv-24995-DPG (Aug. 30, 2019).

[5] Eaton, USAID plans to spend up to $3 million to investigate Cuban doctors, Cuba Solidarity Campaign (Aug. 12, 2019).

[6] Cuba Foreign Ministry, Statement: The Government of the United States Is Earmarking Millions of Dollars To Obstruct Cuban Medical Cooperation (Aug. 30, 2019); The regime blames the US for complaints about the exploitation of Cuban doctors, Diario de Cuba (Aug. 29, 2019); Diaz-Canel described the ‘attacks’ and the ‘attacks by the US on the slae of medical services, Diario de Cuba (Sept. 1, 2019).

[7] State Department Unjustly Downgrades Cuba in Annual Report on Human Trafficking, dwkcommentaries.com (June 22, 2019); Guzzo, Are Cuban physicians human trafficking victims? No way, says Brandon doctor with Havana degree, Tampa Bay Times (Aug. 29, 2019).

 

 

Cuba’s Alleged Expatriation of Dissidents

On June 19, in Madrid, the Spanish-based Cuban Prisoners Defenders released a report documenting the Cuban government’s forcing dissidents to go into exile in an attempt to weaken its political opposition .[1]

The report names 35 activists, independent journalists and artists who were expelled over the past two years. If they did not leave, the report asserts that Cuban security threatened them with prison or bodily harm and harassed their families. In addition, this month there are at least 42 additional dissidents who were being pressured to leave the island.

This report will be submitted to the U.N. Human Rights Council in Geneva, Switzerland.

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[1] Reuters, Cuba Forces Dissidents Into Exile, Advocacy Group Says, N.Y. Times (June 19, 2019); ‘Forced Expatriations’: new denunciation against Cuban regime before the UN, Diario de Cuba (June 19, 2019); Cuban Prisoners Defenders, FACEBOOK.

 

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Proposed U.N. Human Rights Council Resolution on Cuban Human Rights

An international coalition of 75 human rights organizations has asked the U.N. Human Rights Council to adopt a resolution on Cuban human rights at its meeting in Geneva, Switzerland  on June 24 to July 12. [1]

Here are the terms of action in that proposed resolution:[2]

“1. Strongly condemns the grave human rights violations and abuses committed by the Government of Cuba, including the denial of the right to freedom of thought, conscience and religion, and of the rights to freedom of opinion, expression and association, both online and offline; the widespread use of arbitrary arrest and detention, including preemptive detention, and other forms of harassment and intimidation as tools to suppress political dissent; use of violence by Government forces to threaten and intimidate arrestees and detainees; and widespread violations of the rights to due process and to a trial before a fair, independent and impartial tribunal; “

“2. Calls upon Cuba to fully grant its citizens internationally recognized civil, political, and economic rights and freedoms, including freedom of assembly, freedom of expression and free access to information;”

“3. Demands that Cuba, including its judicial and security branches, create and maintain, in law and in practice, a safe and enabling environment in which an independent, diverse, and pluralistic civil society can operate free from undue hindrance and insecurity;”

“ 4. Urges Cuba to end widespread and serious restrictions, in law and in practice, on the right to freedom of expression, opinion, associations and peaceful assembly, both online and offline, including by ending the harassment, intimidation and persecution of political opponents, human rights defenders, women’s and minority rights activists, labour leaders, students’ rights activists, journalists, bloggers, social media users, social media page administrators, media workers, religious leaders and lawyers;”

“5. Strongly urges Cuba to release persons arbitrarily detained for the legitimate exercise of their human rights, to consider rescinding unduly harsh sentences for exercising such fundamental freedoms and to end reprisals against individuals, including for cooperating with the United Nations human rights mechanisms;”

“ 6. Strongly condemns the lack of free, fair and transparent democratic elections in Cuba, and in particular the constitutional referendum of 24 February 2019, which was marked by fraud, lack of transparency and violence against the Government’s political opponents;”

“7. Determines that the new constitution has no legitimacy, and that members of the National Assembly, President Miguel Días-Canel and Communist Party leader Raul Castro lack any legitimacy, given that they were not elected by the people of Cuba in free, fair and multiparty elections;”

“8. Calls upon Cuba to launch a comprehensive accountability process in response to all cases of serious human rights violations, including those involving the Cuban judiciary and security branches, and calls upon the Government of Cuba to end impunity for such violations;”

“9. Calls upon the Government to cooperate with the Office of the High Commissioner, the mechanisms of the Human Rights Council and the relevant treaty bodies, as well as the Organization of American States and the Inter-American Commission on Human Rights, including by facilitating visits, granting unfettered access throughout the country, including to detention facilities, and preventing and refraining from all acts of intimidation or reprisal, and to positively consider the recommendations made in their reports;”

“10. Decides to appoint a Special Rapporteur to monitor developments and make recommendations on the situation of human rights in Cuba for a period of one year, who will submit a report to the Human Rights Council at its forty-third session;”

“11. Calls upon the Government of Cuba to cooperate fully with the Special Rapporteur, to permit access to visit the country and to provide the information necessary for the fulfilment of the mandate;”

“12. Requests the Office of the High Commissioner to provide the Special Rapporteur with the assistance and resources necessary to fulfil the mandate;”

“13. Requests the High Commissioner to provide an oral update on the situation of human rights in Cuba to the Council at its forty-second session, and to submit a follow-up report to the Council and to hold an Interactive Dialogue on the situation of human rights in Cuba at its forty-third session;”

“14. Decides to remain seized of the matter.”

Conclusion

Now we wait to see if this proposed resolution is put to a vote by the Council and the results of any such vote.

In the meantime,  Freedom House, which describes itself as “an independent watchdog organization dedicated to the expansion of freedom and democracy around the world,” recently released its 2019 annual report about 195 countries concluding that 86 were “FREE,”  59 “PARTLY FREE” and 50, including Cuba, as “NOT FREE.”

This was its Overview for Cuba:  “Cuba is a one-party communist state that outlaws political pluralism, suppresses dissent, and severely restricts basic civil liberties. The government continues to dominate the economy despite recent reforms that permit some private-sector activity. The regime’s undemocratic character has not changed despite new leadership in 2018 and a process of diplomatic “normalization” with Washington, which has stalled in recent years.”  [3]

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[1] The UN Human Rights Council could discuss a resolution on Cuba, Diario de Cuba (June 13, 2019); Proposed Draft Resolution for U.N. Hum. Rts. Council, Situation of Human Rights in Cuba.

[2] Footnotes to the operative paragraphs of the proposed resolution state that they are based upon various sources, including  recommendations by European Union member states at Cuba’ Universal Periodic Review by the Council in July 2018. Previous blog posts have discussed other Council proceedings regarding Cuba. See the “Cuban Human Rights” section of List of Posts to dwkcommentaires—Topical: CUBA.

[3] Freedom House, Democracy in Retreat: Freedom in the World 2019; Freedom House: Freedom in the World 2019.

U.S. Needs To Cooperate with U.N. Human Rights Experts

The U.N. Human Rights Council, based in Geneva, Switzerland, has what it calls Special Procedures, which are “”independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. The system of Special Procedures is a central element of the United Nations human rights machinery and covers all human rights: civil, cultural, economic, political, and social. As of 1 August 2017, there are 44 thematic and 12 country mandates.”[1]

Recent U.S. Non-Cooperation with U.N. Human Rights Council

On January 4, 2019, the London-based Guardian newspaper published an article asserting that the Trump Administration “has stopped cooperating with UN investigators over potential human rights violations occurring inside America, in a move that delivers a major blow to vulnerable US communities and sends a dangerous signal to authoritarian regimes around the world.”[2]

More specifically, the Guardian said the U.S. State Department “has ceased to respond to official complaints from UN special rapporteurs, the network of independent experts who act as global watchdogs on fundamental issues such as poverty, migration, freedom of expression and justice. There has been no response to any such formal query since 7 May 2018, with at least 13 requests going unanswered..

In addition, the Trump Administration has not “extended any invitation to a UN monitor to visit the US to investigate human rights inside the country since the start of Donald Trump’s term two years ago in January 2017. (Two UN experts have made official fact-finding visits . . .[since then] – but both had been invited by President Obama].”[3]

The U.S. thereby has now joined the ranks of countries like North Korea, Iran and Eritrea that simply ignore the requests of UN human rights monitors.

 U.S. Senator Menendez Asks for State Department Explanation

Therefore, on April 25, U.S. Senator Robert Menendez (Dem., NJ), the Ranking Member on the U.S. Senate Foreign Relations Committee, sent a letter to Secretary of State Mike Pompeo on this situation. The Senator started his letter by stating, “the work Special Rapporteurs conduct remains one of the international community’s most important tools for promoting and protecting human rights.”[4]

The letter continued,“Under previous Democratic and Republican administrations the United States welcomed visits by UN Special Rapporteurs and regularly responded to official queries, regardless of U.S. participation in the Human Rights Council at the time. Engaging with UN Special Rapporteurs is an essential part of U.S. global leadership and demonstrates our commitment to addressing complex human rights issues and the rule of law both at home and around the globe. The credibility of the work of UN Special Rapporteurs depends heavily on their ability to apply the same international standards to all countries, including democracies.”

“By shutting out UN Special Rapporteurs, the United States risks undermining a foundational value of the United Nations as well as human rights progress globally and will be seen as empowering repressive regimes, like China and Russia, who seek to delegitimize internationally accepted human rights norms. Though the United Nations is an imperfect body, UN Special Rapporteurs play an important role in advancing the fundamental human values traditionally championed by every previous U.S. Administration.”

Therefore, the Senator asked the Secretary to respond to the following questions by May 30, 2019:

1)     “Is there a policy, either formal or informal, in place with regards to responding to queries and visit requests from UN Special Rapporteurs? What is that policy?”

2)     “Since May 7, 2018, has the State Department responded either formally or informally to any queries or visit request from UN Special Rapporteurs? If yes, please provide detailed information, including: which UN Special Rapporteur the Department responded to, the date of last correspondence or engagement, the type of engagement (formal vs. informal) and copies of any formal responses.”

Conclusion

U.S. advocates for human rights here and around the world need to thank Senator Menendez for this request and urge Secretary Pompeo to stop this apparent practice or policy of non-cooperation with these human rights monitors.

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[1] U.N. Office of the High Commissioner for Human Rights, Special Procedures of the Human Rights Council.

[2] Pilkington, US halts cooperation with UN on potential human rights violations, Guardian (Jan. 4, 2019); Goldberg, US ceases cooperation with UN Human Rights Special Rapporteurs, U.N. Hum. Rts. Council (Jan. 8, 2019).

[3] Apparently after President Trump became President, Philip Alston, the U.N. Special Rapporteur on Extreme Poverty and Human Rights, visited the U.S. by President Obama’s invitation, and Alston’s final report in June 2018 was harshly criticized by U.S. Ambassador to the U.N. Nikki Haley. (See U.N. Official’s Report About U.S. Poverty Is Criticized by U.S., dwkcommentaries.com (June 28, 2018).)

[4] Press Release, Menendez Questions Sec. Pompeo about State Department’s Apparent Decision to Cut Contact with UN Human Rights Experts (April 25, 2019).

Cameroon Elected As  Member of U.N. Human Rights Council

As has been discussed in many posts, for the last several years the government of Cameroon has been engaged in armed conflict with the minority of Cameroonians whose principal European language is English (the Anglophones). In the course of that conflict, the government allegedly has committed many human rights violations.[1]

This record and the objections against these acts were voiced by many other governments during Cameroon’s recent Universal Periodic Review by the U.N. Human Rights Council, which is the body within the U.N. system made up of 47 States responsible for the promotion and protection of all human rights around the globe. These Council members are elected by the majority of members of the U.N. General Assembly through direct and secret ballot. The General Assembly [purportedly] takes into account the candidate States’ contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard. (Emphasis added.)

Despite Cameroon’s dismal human rights record, on October 12, 2018, the U.N. General Assembly elected Cameroon to be a member of the Council for a three-year term beginning January 1, 2019.[2]

Amnesty International  Human Rights Watch and other rights groups objected to the election of Cameroon and certain other countries. “Elevating states with records of gross human rights violations and abuses is a tremendous setback,” said Amnesty International USA’s advocacy director, Daniel Balson. “It puts them on the world stage, and moreover, it empowers them to fundamentally undermine notions of human rights that are accepted internationally.[3]

In this context, Human Rights Watch raised “serious concerns about human rights in . . . Cameroon, . . . . [where] government security forces and armed separatists have committed grave abuses against residents of the country’s Anglophone region. The region has been rocked by protests and violent clashes rooted in longstanding political grievances of the Anglophone minority. While the government has taken some positive steps in recent months, including signing the Safe Schools Declaration, violence and abuses in the Anglophone region continue.”

The Council elections of Cameroon and four other African states (Burkina Faso, Eritrea, Somalia and Togo) are partially attributable to the Council’s allocation of 13 of the 47 seats to African states; and to three of the African members having terms ending on December 31, 2018 and being ineligible for re-election after having served two consecutive terms (Cote d’Ivoire, Ethiopia and Kenya). The other African members are Angola, Democratic Republic of the Congo, Egypt, Nigeria, Rwanda, Senegal, South Africa and Tunisia.[4]

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[1] See Cameroonian President Biya Wins Re-Election by a Landslide, dwkcommentaries.com (Oct. 26, 2018); Continued Violence in Cameroon, dwkcommentaries.com (Oct. 4, 2018). See also posts listed in List of Posts to dwkcommentaries—Topical: CAMEROON.

[2] U.N., General Assembly Elects 18 Member States to Human rights Council, Allowing Vote by 3 Member States in Article 19 Exemption over Financial Dues (Oct. 12, 2018).

[3] Assoc. Press, US, Rights Groups Say UN Rights Council Vote Lets Abusers In, N.Y. Times (Oct. 12, 2018); Human Rights Watch, UN: Philippines, Eritrea Don’t Belong on Rights Council (Oct. 11, 2018).

[4] U.N. Hum. Rts. Council, Membership of the Human Rights Council; U.N., General Assembly Elects 18 Member States to Human Rights Council, Allowing Vote by 3 Member States in Article 19 Exemption over Financial Dues (Oct. 12, 2018).

 

U.N. Human Rights Council’s Final Consideration of Cuba’s Universal Periodic Review 

On September 21, 2018, the U.N. Human Rights Council held a meeting in its 39th regular session. An important item on the agenda was the final review of the latest Universal Periodic Reviews of the human rights records of three more states, including Cuba.[1]

Just before this session, the Council provided an Addendum to Cuba’s national report that listed its responses to the 339 recommendations that had been made by other U.N. Members and Stakeholders. Of these 339 recommendations,  Cuba had “supported” (accepted or noted) 309, and rejected 30 in the following categories[2]

Recommendations Rejections
Improve freedoms of assembly & association  13.0
End arbitrary detentions    4.0
Release prisoners of conscience    3.0
Recognize rights of political activists    2.0
Respect independent media    2.0
Allow independent monitoring of detention    1.5
Establish independent judiciary    1.5
Allow complaints to treaty bodies    1.0
Allow multiparty elections (U.S.)    1.0
End coercive labor    0.5
Increase laws against human trafficking    0.5
TOTAL 30.0

Cuba’s Ambassador, Pedro Pedrosa, made  introductory and concluding statements that included the following comments:

  • Cuba had rejected 30 of the recommendations because they were “politically skewed” and some reflected the “hegemonic ambitions of some [the U.S.] to undermine Cuban systems.” He also condemned the U.S. embargo (blockade) as a “massive, flagrant and systematic violation of human rights.”
  • For Cuba, ratification of an international treaty is a “very serious process” and is never made under pressure, again referring to the “hostile policies of the U.S. against the Cuban people.”
  • Cuba is against the death penalty and has not had an execution since 1923. However, it needs to keep the death penalty because of terrorism.
  • Cuba has a “system of independent courts to insure “ respect for human rights.
  • In 2017 Cuba welcomed two international human rights monitors (human trafficking and international solidarity).
  • Cuba calls for democracy and international governance of the Internet and the end of the digital divide and monopolies of these technologies.
  • Cuba is proud of the accomplishments of its Revolution and its contributions to the broadening of human rights.
  • Reforms in Cuba can only happen with true international and impartial cooperation.
  • The UPR process should not be a forum for attacks or proposals by foreign powers [U.S.].
  • Cuba rejects “rash” comments at this session by the World Evangelical Alliance and the Christianity Global Solidarity because they ignore the Cuban reality of religious freedom and right to change religion. Nevertheless, he invited these organizations to visit Cuba.
  • He also criticized the comments from Amnesty International and U.N. Watch.

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[1]  U.N. Hum. Rts. Council,  Documentation (39th Regular Session). Previous posts about the current (and other) Cuba UPRs are listed in the “Cuban Human Rights” section of  List of Posts to dwkcommentaries.com—Topical: CUBA.

[2]  U.N. Hum. Rts. Council, Report of the Working Group on the Universal Periodic Review: Cuba: Addendum (Sept. 18, 2018) (views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review).