Is Trump Administration Attempting To Redefine International Human Rights?

Since the end of World War II, treaties and international institutions have defined and developed international human rights and institutions, as discussed in previous posts. [1]

Commission on Unalienable Rights [2]

Now with little fanfare the U.S. State Department recently announced the establishment of  the Commission on Unalienable Rights. Here are the key provisions of its Charter:

  • The Commission will provide the Secretary of State with “informed advice and recommendations concerning international human rights matters . . . [and] fresh thinking about human rights and . . . reforms of human rights discourse where it has departed from our nation’s founding principles of natural law and natural rights.” (Para. 3) (emphasis added).
  • The Commission’s advice and recommendations will help “guide U.S. diplomatic and foreign policy decisions and actions with respect to human rights in international settings . . . [and] recover that which is enduring for the maintenance of free and open societies.” (Para. 4) (emphasis added).

The Commission will be composed of “no more than fifteen members who have distinguished backgrounds in international law, human rights, and religious liberties.” Its membership “will be a bipartisan, diverse group of men and women.”

The phrase “unalienable rights,” of course, comes from the second paragraph of the U.S. Declaration of Independence of July 4, 1776: “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; that among these, are life, liberty, and the pursuit of happiness.” (Emphasis added.)

At first glance this may sound like an unobjectionable reference to an important document and concept of U.S. history. But it may be much more than that. It may be an attempt by the Trump Administration to redefine international human rights, as suggested by Eric Posner, Professor at the University of Chicago Law School.

Reactions of Professor Eric Posner [3]

Posner so far has been the only one to have noticed this Commission. He says “the significance of . . . [this Commission] should not be overlooked. It puts the government’s imprimatur on an assault upon one of the cornerstones of modern liberalism: international human rights.”

This conclusion, Posner argues, follows from the Commission’s name, implicitly emphasizing that these rights are endowed ‘by their Creator” and come from “natural law” and “natural rights.” This interpretation, he claims, also is suggested by the Charter’s reference to “discourse,” implying that contemporary human rights is merely talk, not law. In short, this Charter is conservatives’ “declaration of intent. Its plainly stated goal is not just to wipe away the baleful foreign influence of human rights ‘discourse’ but to revive [conservative] 18th-century natural law.”

In Posner’s opinion, the reference to natural law is an indirect endorsement of contemporary Roman “Catholic conservative intellectuals, who kept alive the academic tradition of natural law long after mainstream secular intellectuals forgot what it was —[and, therefore,] . . .  goodbye to reproductive rights and protections for sexual minorities.” Posner also claims that Robert George, a prominent Catholic intellectual, natural-law theorist, and opponent of abortion rights and same-sex marriage, played a role in the creation of the Commission. In other words, this new commission will provide “the ideological justification for the anti-abortion foreign policy that the Trump administration has undertaken”

Natural law, says Posner, can also be used by conservatives to argue for “expanded religious freedoms that override statutes with secular goals, and to push back against progressive government programs like universal health care. The ‘right to health,’ a centerpiece of ‘human rights law,’ is firmly rejected by natural-law theorists like George.

“But the mission of the commission may be even bolder,” in Posner’s opinion. ”If we take the idea of natural law seriously, it not only overrides statutes in foreign countries that protect abortion rights and respect same-sex marriage. It also overrides American laws that protect abortion rights and respect same-sex marriage. One can imagine a day when a Supreme Court justice, taking a page from [former Supreme Court Justice Anthony] Kennedy, invokes natural law — supposedly endorsed by the founders, after all, and embodied in the sacred Declaration — to vote to overturn Roe v. Wade and to prepare the path for an even holier grail, the abolition of state laws that grant abortion rights.”

“Liberals hoped that human rights, sanctified by the sacrifices of the victims of totalitarianism, would provide common ground in a world of competing ideologies. But what human rights actually helped produce was a liberal international order that has offended a great many people who do not share liberal values. The backlash began years ago in authoritarian countries, in developing countries that saw human rights as an affront to their traditions and as a mask for imperialist goals, and in highly religious countries. These countries advanced interpretations of human rights law that conform with their values or interests but made little headway against dominant elite opinion. What is new is that the government of the world’s most powerful nation [the U.S.], long acknowledged (if grudgingly) as the leader of the international human rights regime, has officially signed on to that backlash.”

Presumably this Posner argument is expanded in his recent book, The Twilight of Human Rights Law.[4]

Conclusion

Although noted author and commentator George Will is not a fan of President Trump, he probably is sympathetic to the recent trumpeting of “ unalienable rights” and “natural law” and “natural rights.” In the “Introduction” to his new book, The Conservative Sensibility, Will says “We [conservatives] seek to conserve the American Founding” with a “clear mission: It is to conserve, by articulating and demonstrating the continuing pertinence of, the Founders’ thinking.” Indeed, “Americans codified their Founding doctrines as a natural rights republic in an exceptional Constitution, one that does not say what government must do for them but what government may not do for them.”

Therefore, according to Mr.Will, “The doctrine of natural rights is the most solid foundation—perhaps the only firm foundation—for the idea of the political equality of all self-directing individuals..”

In retrospect, perhaps the Trump Administration has been dropping hints that something like the Commission might be coming by the State Department’s using the phrase “unalienable rights” in various statements and documents.[5]

Although this blogger has no objection to contemporary references to the language of our Declaration of Independence, he does object to the notion that this new Commission is an underhanded way to implement current political preferences of this Administration. Moreover, this blogger suggests that it is too simplistic to use notions of natural law to preempt the decisions on the previously mentioned contemporary issues.

After all, natural rights and human rights treaties can be seen as compatible allies, just as English and American common law are compatible with their respective statutes. Such multilateral treaties with provisions for implementation and amendment are drafted by committees and individual nation states are not bound by the treaties unless and until they ratify the treaties. Similarly domestic statues in the U.S. and U.K. are prepared and adopted by legislatures, often as a result of common law developments, and always are subject to subsequent amendment.

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[1]  See posts listed in the following: List of Posts to dwkcommentaries—Topical: Law (INTERNATIONAL CRIMINAL COURT); List of Posts to dwkcommentaries—Topical: Law (REFUGEE & ASYLUM)List of Posts to dwkcommentaries—Topical: Law (TREATIES); List of Posts to dwkcommentaries—Topical: Law: U.S. (ALIEN TORT STATUTE); List of Posts to dwkcommentaries—Topical: Law U.S. (TORTURE VICTIMS  PROTECTION ACT).

[2] State Dep’t, Notice: Department of State Commission on Unalienable Rights, 84 Fed. Reg. 25109 (May 30, 2019); State Dep’t, Charter: Commission on Unalienable Rights (created: May 10, 2019); State Dep’t, Membership Balance Plan: Commission on Unalienable Rights (created: May 10, 2019).

[3] Posner, The administration’s plan to redefine ‘human rights’ along conservative lines, Wash. Post (June 14, 2019).

[4] Posner, The Twilight of Human Rights Law (Oxford Univ. Press, 2014-).

[5]  State Dep’t, Secretary Tillerson’s Testimony before Senate Appropriations Committee (June  13, 2017) (“Our mission is at all times guided by our longstanding values of freedom, democracy, individual liberty, and human dignity. The conviction of our country’s founders is enduring: that all men are endowed by their creator with certain unalienable rights.” (Emphasis added); State Dep’t, [Secretary Tillerson’s] Remarks With Secretary General of the Community of Democracies Thomas Garrett (Sept. 17, 2017) (“In our Declaration of Independence, our founders boldly stated that all are endowed by their creator with the unalienable rights of life, liberty, and the pursuit of happiness.” (Emphasis added); State Dep’t, [Secretary Tillerson’s] Remarks at the “Conversation on the Value of Respect” Event (Jan. 12, 2018) (“It was the Secretary of State Thomas Jefferson who wrote that we are all endowed with certain unalienable rights – life, liberty, and the pursuit of happiness”); State Dep’t, Remarks on the Release of the 2017 Country Reports on Human Rights Practices (April 20, 2018) (these annual reports “are a natural outgrowth of our values as Americans. The founding documents of our country speak to unalienable rights, fundamental freedoms, and the rule of law – revolutionary concepts at the time of our founding that are now woven into the fabric of America and its interests both at home and abroad”); State Dep’t, The State Department Role in Countering Violent Extremism (May 30, 2018) (“America is committed to individual rights, and we recognize the inherent worth and dignity of every human being. We are all, in the words of the Declaration of Independence, endowed by our Creator with certain unalienable rights, including life, liberty, and the pursuit of happiness”); State Dep’t, 2018 Country Reports on Human Rights Practices (Mar. 13, 2019) ((Secretary Pompeo’s Preface :”The United States was founded on the premise that all persons “are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness. Our Constitution secures these unalienable rights . . . in the First [and Fifth] amendments.” ((emphasis added); State Dep’t, Secretary of State Michael R. Pompeo At the Celebration of Israel’s 71st Independence Day (May 22, 2019) (both the Israel Declaration of Independence of 1948 and the U.S. Declaration of Independence of 1776 “speak of central ideas that are ‘self-evident’ – In the American case, it’s the truth that men are created equal and have rights that are unalienable”) (Emphasis added).

 

 

 

Did State Department Ineptly Investigate the Medical Problems of Some U.S. Diplomats in Cuba?

According to  Dan Vergano of BuzzFeed,News, the U.S. State Department has mismanaged its investigation of the medical problems experienced by some U.S. diplomats stationed in Havana since December 2016.[1]

This report says, “much of the early research into the mystery may have been botched or biased. The initial investigation was confined to two competing sets of researchers, both eager to publish studies on their own work, and whose findings have been at odds with each other. In one case, researchers were also seeking to promote their own newly approved medical device as a diagnostic tool. And until now, the effort has lacked broader oversight by an institution capable of cross-disciplinary research.”

The initial two medical teams “diagnosed the diplomats with injuries centered on their own respective areas of research expertise: inner ear damage and concussions.” Another team from the Center for Disease Control was asked to investigate over a year ago and has not yet submitted a report. Now the U.S. National Academy of Sciences will be starting yet another investigation, but there is concern this may be too late.

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[1] Vergano, The US Government Botched Its Investigation Into The Mysterious “Sonic Attack” in Cuba, Emails Reveal, BussFeed.News (May 29, 2019).  This blog has published many posts on this situation. See posts listed in the “U.S. Diplomats’ Medical Problems in Cuba, 2016-?” section of List of Posts to dwkcommentaries—Topical: CUBA.

Still Uncertainty Over What Happened to U.S. Diplomats in Cuba

A lengthy New York Times article reviews the different theories that have been offered about what happened to some U.S. diplomats in Cuba starting in December 2016. The article then concludes by saying that to this date no one really knows the cause(s).[1]

The article, however, presses the question of whether the diplomats symptoms “are primarily psychogenic — or ‘functional’ — in nature. If true, it would mean that the symptoms were caused not by a secret high-tech weapon but by the same confluence of psychological and neurological processes — entirely subconscious yet remarkably powerful — underlying hypnosis and the placebo effect. They are disorders, in other words, not of the brain’s hardware but of its software; not of objective injuries to the brain’s structure but of chronic alterations to how the brain functions, typically following exposure to an illness, a physical injury or stress. . . . [Such disorders are] the most misunderstood, debilitating and denigrated ailments known to medicine.”

Nevertheless, the State Department and the diplomats themselves have rejected this theory.

According to the article, one of the leading experts on such disorders is Dr.Mark Hallett, “who is the Chief of the Medical Neurology Branch and the Human Motor Control Section of the National Institute of Neurological Disorders and Stroke (NINDS), which is part of the National Institutes of Health. He  obtained his A.B. and M.D. at Harvard University, had his internship in Medicine at the Peter Bent Brigham Hospital and his Neurology training at Massachusetts General Hospital plus fellowships in neurophysiology at the NIH and in the Department of Neurology, Institute of Psychiatry in London.”

Last year the National Institutes of Health asked Dr. Hallett to examine the diplomats, but the State Department did not appoint him to the task force for such examinations, and that  Department and NINDS have instructed De. Hallett not to speak with the author of the Times article.

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[1]  Hurley, Was It an Invisible Attack on U.S. diplomats, or Something Stranger?, N.Y. Times (May 15, 2019). This blog has many posts about the issues posed by the medical problems of some U.S. diplomats in Cuba (and more recently in China). See the “U.S. Diplomats’ Medical Problems in Cuba, 2016–??” section of List of Posts to dwkcommentaries—Topical: CUBA.

 

New State Department Ethos

On April 26, Secretary of State Mike Pompeo introduced the Department’s new ETHOS or its “operating principles.”[1] They are set forth below along with the Secretary’s explanations.

“I am a champion of American diplomacy.  We need to have the competitive mentality of a team trying to win a championship. Inside the department, we should have a healthy competition of ideas in which the best idea is victorious. And outside of it, we need to win the battle of competing ideologies. Our mission is to champion the American way of life.” Diplomacy is “our DNA; it’s who we are. It’s why we come to work every day. We need to keep this at the forefront of everything that we do.”

“My colleagues and I proudly serve the United States and the American people at the Department of State, America’s first executive department. 

We support and defend the Constitution of the United States.[E]very one of us, when we were sworn in, took an oath to the Constitution. It sets forth the foundational principles of American life. It guarantees our rights. It must guide our work. We have to support and defend it in everything that we do.”

We protect the American people and promote their interests and values around the world by leading our nation’s foreign policy. The “American People: Never forget who it is that we work for. Their interests, not ours, not yours, not those with whom we’re interacting, unless they’re Americans – the American people are whose interests we must protect.”

As a member of this team, I serve with unfailing professionalism, in both my demeanor and my actions, even in the face of adversity. [P]rofessionalism – adhering to a set of common commitments to be best. Professionalism isn’t dependent on position or salary. It’s about disagreeing without being uncivil, and building up our institution, not tearing it down, marching forward as a team.”

“I act with uncompromising personal and professional integrity.[Integrity] integrity. This goes for all of us, every single one. Honesty and trust are absolutely essential to everything that we do, and a high-performing team has never existed without a deep understanding of a common effort to have integrity in everything that we do.”

I take ownership of and responsibility for my actions and decisions. We’re putting an awful lot of effort into ensuring a new focus on personal accountability. Let’s do the job right, let’s hold ourselves accountable, each and every one of us, and hold others around us accountable for their efforts as well.”

I show unstinting respect in word and deed for my colleagues and all who serve alongside of me. We need to make sure we show unfailing respect for each other, simply because we are all human beings created by God. And if we don’t, our mission will splinter. It’ll fall apart.”

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[1] State Dep’t, One Team, One Mission: Introducing Our Ethos (April 26, 2019).

 

State Department’s Announcement of New Sanctions Against Cuba

On April 17, the U.S. announced new sanctions against Cuba. The major change was eliminating the waiver of Title III of the Helms-Burton (LIBERTAD) Act allowing U.S. litigation by U.S. owners of Cuban property that was expropriated by the Cuban government in the early years of the Cuban Revolution. This Act also allows the U.S. to deny or revoke U.S. visas to any person or corporate officer “involved in the confiscation of property or trafficking in confiscated property,” as well as their family members.[1]

State Department’s Announcement of Sanctions[2]

The State Department made the official announcement of this change in remarks to the Press by Secretary of State Mike Pompeo, who said the following:

  • “In 1996, Congress passed the Cuban Liberty and Democratic Solidarity Act, also known as Libertad. Until Title III of that act, United States citizens who had their property confiscated by the Castro regime were given the right to file suit against those who traffic in such properties.”
  • “But those citizens’ opportunities for justice have been put out of reach for more than two decades. For now more than 22 years, every president, every secretary of state has suspended Title III in the hope that doing so would put more pressure on the Cuban regime to transition to democracy.”
  • The “Trump administration recognizes reality. We see clearly that the regime’s repression of its own people and its unrepentant exportation of tyranny in the region has only gotten worse because dictators perceive appeasement as weakness, not strength.”
  • “President Obama’s administration’s game of footsy with the Castros’ junta did not deter the regime from continuing to harass and oppress the heroic Ladies in White, a group of women dedicated to peacefully protesting the regime’s human rights abuses.”
  • “More broadly, the regime continues to deprive its own people of the fundamental freedoms of speech, press, assembly, and association. Indeed, according to NGO reports, Cuban thugs made more than 2,800 arbitrary arrests in 2018 alone. In the run-up to the country’s recent sham constitutional referendum, one that enshrined the Communist Party as the only legal political party in Cuba, the regime harassed, beat, and detained leaders and – opposition leaders and activists. Three hundred and ten people were arbitrarily detained according to the Cuban Commission on Human Rights and National Reconciliation.”
  • “Cuba’s behavior in the Western Hemisphere undermines the security and stability of countries throughout the region, which directly threatens United States national security interests. The Cuban regime has for years exported its tactics of intimidation, repression, and violence. They’ve exported this to Venezuela in direct support of the former Maduro regime. Cuban military intelligence and state security services today keep Maduro in power.”
  • “Sadly, Cuba’s most prominent export these days is not cigars or rum; it’s oppression. Detente with the regime has failed. Cozying up to Cuban dictators will always be a black mark on this great nation’s long record of defending human rights.”
  • “For these reasons, I’m announcing that the Trump administration will no longer suspend Title III. Effective May 2nd, . . . the right to bring an action under Title III of the Libertad Act will be implemented in full. I have already informed Congress of my decision.”
  • “Implementing Title III in full means a chance at justice for Cuban Americans who have long sought relief for Fidel Castro and his lackeys seizing property without compensation. For the first time, claimants will be able to bring lawsuits against persons trafficking in property that was confiscated by the Cuban regime. Any person or company doing business in Cuba should heed this announcement.”
  • “In addition to being newly vulnerable to lawsuits, they could be abetting the Cuban regime’s abuses of its own people. Those doing business in Cuba should fully investigate whether they are connected to property stolen in service of a failed communist experiment. I encourage our friends and allies alike to likewise follow our lead and stand with the Cuban people.”
  • “As I said throughout my trip to South America this last week, the Trump administration is committed to helping grow the wave of democracy, good governments, and openness, which is steadily building throughout the entire Western Hemisphere. On my trip last week, I saw these positive changes firsthand, and told our friends and allies that we’re with them. We’re on the side of what’s right and what is just.”
  • “Today we are holding the Cuban Government accountable for seizing American assets. We are helping those whom the regime has robbed get compensation for their rightful property. And we’re advancing human rights and democracy on behalf of the Cuban people.”

Immediately after the Secretary’s remarks, Kimberly  Breier, Assistant Secretary of State for Western Hemisphere Affairs, responded to journalists’ questions. Here are her significant responses:

  • “[O]bviously we’ve been in very deep and close contact with our allies in Europe and Canada and around the world as we consulted on this decision over the past several months as the Secretary had been shortening the period of suspension with his previous decisions. I think it’s clear if you look in the macro sense we have broad agreement with our allies in Europe and Canada and around the world on the policy objective, which is to promote democracy in Cuba and to free the Cuban people from the tyranny that they live under.”
  • “We are in broad agreement on this. Where we sometimes disagree is on the best way to achieve that. And I think at the end of the day, you’ll need to speak to the European Union and to our allies as to what response they will have, but I would like to emphasize that European companies that are operating in Cuba will have nothing to worry about if they are not operating on property that was stolen from Americans post-revolution. So I think the vast number of European companies will not have any concerns operating in Cuba.”
  • We “took a decision today based on our laws and our sovereign concerns for the property of American citizens and Europeans will respond as they see fit, and we will continue to work closely with them on this policy and on the policy in Venezuela.”
  • The “decision today is part of the trajectory that started with the Trump Administration’s NSPM-5, which was announced in June of 2017.[3]The objective of that was . . . to support the Cuban people and to deny resources to the regime, and in particular to the security services in Cuba. So this is part of a trajectory. We have since published a Cuba restricted list. We have since amended the restricted list several times, and this is part of the trajectory of the administration trying to ensure that we support the people of Cuba and not the regime of Cuba.”
  • The “Secretary’s decision was about the actions of the Cuban regime; certainly, the actions of the Cuban regime in Venezuela are part of the context of the moment in which we are living. And we are very clear, and . . . the Lima Group, which is a group of 12 countries in the Western Hemisphere, for the very first time this week announced its concern over Cuba’s role in Caracas and made public its concern, and called on the Cuban regime to support the transition in Caracas. So I think it’s a very important moment in our relations in the hemisphere as well.”
  • Over “the past two years building off of NSPM-5 and looking at the various tools that we have to implement the President’s vision for how we would conduct this policy. I think you’re going to be seeing quite a bit more from us, and that this is the beginning of a new process on this that recognizes the reality on the ground in Cuba, which is in the past 20-plus years the underlying reality in Cuba has not changed for the average Cuban..[There was no direct response to the question about whether the U.S. was considering t returning Cuba to the State Sponsors of Terrorism list.[4]]
  • “There will not be any exemptions [from this new sanction for any U.S. company doing business in Cuba].” (Emphasis added.)
  • The “Foreign Claims Settlement Commission . . . has certified nearly 6,000 claims for property confiscated in Cuba with a total value of approximately 2 billion. With interest, we believe that value is somewhere in the $8 billion range. The most recent estimate we have from 1996, at the time that the law was enacted, that there could be up to 200,000 uncertified claims that were not certified by the Foreign Claims Settlement Commission, and that value could very easily be in the tens of billions of dollars. But it will depend on, of course, whether claimants decide to pursue legal cases or not.”[5]

The day before the official announcement in an embargoed briefing for journalists, an unidentified senior State Department official said that foreigners who have been trafficking in such properties  have “had over 20 years of profiting from property stolen from American citizens.”

Hints of This and Other Anti-Cuba Measures[6]

For the last several weeks the Administration has been hinting that more anti-Cuba measures were coming.

One such  hint came from Vice President Mike Pence at a U.N. Security council meeting on April 10, when he said, “For decades, Cuba has tried to create client states across our region.  While normal countries export goods, Cuba exports tyranny and strong-arm tactics.  Even now, Cuban military and intelligence services train and support and equip Venezuela’s secret police as they silence opponents, jail and torture members of the opposition.” Pence added, “Last week, the United States took action to sanction ships transporting Venezuelan oil to Cuba.  And soon, at President Trump’s direction, the United States will announce additional action to hold Cuba accountable for its malign influence in Venezuela.” (Emphasis added.)

 Two days later, President Trump issued his Proclamation on Pan American Day and Pan American Week, which said, in part, “Sadly, the people of Cuba, Venezuela, and Nicaragua continue to live under tyranny and authoritarianism.  The brutality and corruption of the illegitimate former regime in Venezuela has crippled the country and brought it to ruin.  We must not forget that the struggle is one between dictatorship and democracy, between oppression and freedom, and between continued suffering for millions of Venezuelans and an opportunity for a renewed future of freedom and prosperity.  The community of democracies in our Western Hemisphere must continue to support the people of Venezuela, Cuba, and Nicaragua as they fight for the restoration of democracy and liberty. (Emphases added.)

Another tip came from the State Department when it announced that  that the U.S. was adding four companies and nine vessels  to the list of Venezuelan companies  that were sanctioned for transporting oil to Cuba.[7] The Department also said the U.S.“will continue to do all we can to stand up against Cuba’s support for the former Maduro regime and its hostility to the Venezuelan people’s aspiration to a peaceful, prosperous, democratic future. Cuba’s intervention only seeks to delay the inevitable—the peaceful transition back to freedom and democracy that is underway in Venezuela, led by the Venezuelan people, Interim President Juan Guaido, and the National Assembly.”  (Emphasis added.)

Another hint came directly from Secretary Pompeo on April 14 in a speech in Cucata, Colombia, when he said, “ “Cubans must understand too that there will be cost associated with continued support of Nicolas Maduro.”  (Emphasis added.)

Conclusion

Later the same day (April 17), U.S. National Security Advisor John Bolton in a speech in Miami addressed these new sanctions and other santi-Cuba measures that will be discussed in a subsequent post. Another post will review the responses to these new measures from the U.S., Cuba, Europe and Canada.

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[1]  Baker, Trump to Increase Pressure on Cuba by Lifting Lawsuit Limits, N.Y. Times (April 16, 2019); Reuters, In Major Shift, Trump to Allow Lawsuits Against Foreign Firms, N.Y. Times (April 16, 2019); Assoc. Press, Trump to Allow Lawsuits Over US Properties Seized in Cuba, N.Y. Times (April 16, 2019); DeYoung, Trump administration will allow U.S. citizens to sue over property seized after 1959,  Wash. Post (April 16, 2019).

[2] State Dep’t, [Secretary Pompeo’s] Remarks to the Press (April 17, 2019); State Dep’t, Briefing With Assistant Secretary for Western Hemisphere Affairs, Kimberly Breier (April 17, 2019).

[3] NSPM refers to National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba (June 16, 2017). See President Trump Announces Reversal of Some Cuba Normalization Policies, dwkcommentaries.com (June 19, 2017).

[4] See posts listed in the “Cuba: State Sponsor of Terrorism?” section of List of Posts to dwkcommentaries—Topical: CUBA.

[5]  See Resolution of U.S. and Cuba Damage Claims, dwkcommentaries.com (April 6, 2015).

[6] White House, Remarks by Vice President Pence at a Special Session of the United Nations Security Council  on the Crisis in Venezuela/New York, NY (April 10, 2019); White House,  Proclamation on Pan American Day and Pan American Week (April 15, 2019); State Dep’t, The United States Takes Action To End Cuba’s Malign Influence on Venezuela (April 12, 2019).

 

U.S. Increases Warning on Travel to Cameroon

On March 27, the U.S. State Department warned U.S. nationals not to travel to the following regions of Cameroon:

  • North, Far North, Northwest and Southwest Regions, and Parts of East and Adamawa Regions due to crime.
  • Far North Region due to terrorism.
  • Northwest and Southwest Regions due to armed conflict. [1]

For the North, Far North, Northwest and Southwest Regions, and Parts of East and Adamawa Regions, the Advisory states: “In the Adamawa Region north of the capital, Ngaoundere, and East Regions, there is a heightened criminal threat within 20 kilometers of the border with the Central African Republic.. . . Violent crime, including kidnapping by terrorists and/or kidnapping for ransom, armed robbery, assault, and carjacking are serious concerns in Cameroon, especially in all these regions.”

For the “Far North Region, the Advisory states, “terrorists may attack with no warning, targeting local facilities and places frequented by Westerners.”

For the Northwest and Southwest Regions (the Anglophone regions), the Advisory states, “a separatist movement has led to increased levels of violence. Armed clashes between separatists and government forces, and other acts of violence, including kidnapping for ransom and arson, have occurred. Ongoing conflict has led to a breakdown in order, crimes of opportunity, and a significant decline in medical resources in large areas of both regions.”

Moreover, Cameroon as a whole is rated by the State Department as “Level 2: Exercise Increased Caution due to crime.” It adds, “violent crime, such as armed robbery and carjacking, is common throughout Cameroon. Local police lack the resources to respond effectively to serious criminal incidents.”

If a U.S. citizen nevertheless decides to go to Cameroon, the State Department adds these specific suggestions:

  • “Do not display signs of wealth, such as expensive watches, handbags, or jewelry.
  • Monitor local media for breaking events and be prepared to adjust your plans.
  • Enroll in the Smart Traveler Enrollment Program(STEP) to receive important information from the Embassy about safety conditions in your destination country, help the Embassy contact you in an emergency, and help family and friends get in touch with you in an emergency.
  • Follow the Department of State on Facebook and Twitter.
  • Review the Crime and Safety Report for Cameroon.
  • U.S. citizens who travel abroad should always have a contingency plan for emergency situations. Review the Traveler’s Checklist.”

As noted in a previous post, on January 10, 2018, the State Department announced a new system of travel advisories for every country in the world with the same “four-level ranking system, starting with a Level 1, which is ‘Exercise normal precautions’ (e.g., Aruba);  Level 2, ‘Exercise increased caution’ (e.g., Jamaica); Level 3, ‘Reconsider travel’ (e.g., Cuba); and level 4, ‘Do not travel’” (e.g., Mexican states of Colima, Guerrero, Michoacán, Sinaloa and Tamaulipas due to crime).” [2]

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[1] U.S. State Dep’t, Travel Advisory: Cameroon (March 27, 2019).

[2] State Department’s New Travel Advisory System for Cuba and Other Countries, dwkcommentaries.com (Jan. 11, 2018).

Latest U.S. Report on Cuban Human Rights

On March 13, the U.S. Department of State released its 43rd annual report on the human rights record  for 2018 of 191 other countries (the U.S. is not included). This report is submitted to the Congress, pursuant to Sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961. Sections 2464, 2467 of that Act also require that U.S. foreign and trade policy take into account countries’ human rights and worker rights performance. [1]

The Report’s Preface

“The United States was founded on the premise that all persons “are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.” Our Constitution secures these unalienable rights by proclaiming in the First Amendment that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The Fifth Amendment also sets out that no person shall “be deprived of life, liberty, or property, without due process of law.” These same concepts were adopted internationally in the Universal Declaration of Human Rights, particularly in Articles 3, 10, 12, 18, 19, and 20.”

“The founders of the United States and the delegates to the UN Commission on Human Rights recognized that these fundamental freedoms of religion or belief, expression, peaceful assembly and association belong to every human being. These freedoms are not granted by governments but are derived from the inherent dignity of the human person. Nor may they be unduly restricted by governments even to further some economic, social, or cultural purpose. They are unalienable.”

“Governments are charged with ensuring that the government itself does not wrongfully interfere with human rights and fundamental freedoms.”

“Those sovereign states with which we have the closest, most long-standing, and productive collaboration are those where the government generally respects human rights, including the freedoms of religion or belief, expression, peaceful assembly, and association and do not engage in gross violations of human rights such as extrajudicial killing, torture, and extended arbitrary detention. Conversely, the states that threaten regional stability, are state sponsors of terrorism, or become inviting targets for terrorist recruitment almost invariably are states with governments that fail to respect the unalienable rights of those within their borders.”

“The policy of this Administration is to engage with other governments, regardless of their record, if doing so will further U.S. interests. At the same time, we recognize that U.S. interests in the enduring stability, prosperity, and security of a world filled with strong, sovereign states will only be served if governments respect human rights and fundamental freedoms. To that end, individuals seeking reforms to end the wrongful interference in the exercise of unalienable rights – whether those individuals are in or out of government – will find a sympathetic friend and strong supporter in the United States of America.”

Executive Summary of the Report on Cuba [2]

“Cuba is an authoritarian state led by Miguel Diaz-Canel, president of the Council of State and Council of Ministers, with former president Raul Castro serving as the first secretary of the Communist Party (CP). Cuba has a one-party system in which the constitution recognizes the CP as the only legal party and the highest political entity of the state. On March 11, citizens voted to ratify a preselected list of 605 candidates to the National Assembly. A CP candidacy commission prescreened all candidates, and the government actively worked to block non-CP approved candidates from the ballot. On April 19, the National Assembly elected Diaz-Canel president of the Council of State and Council of Ministers. Neither the legislative nor the national elections were considered to be free or fair.”

“The national leadership, including members of the military, maintained effective control over the security forces.”

“Human rights issues included reports of an unlawful and arbitrary killing by police; torture of political dissidents, detainees, and prisoners by security forces; harsh and life-threatening prison conditions; arbitrary arrest and detention; holding of political prisoners; and arbitrary or unlawful interference with privacy. The government engaged in censorship, site blocking, and libel is criminalized. There were limitations on academic and cultural freedom; restrictions on the right of peaceful assembly; denial of freedom of association, including refusal to recognize independent associations; and restrictions on internal and external freedom of movement and on political participation. There was official corruption, trafficking in persons, outlawing of independent trade unions, and compulsory labor.”

“Government officials, at the direction of their superiors, committed most human rights abuses and failed to investigate or prosecute those who committed the abuses. Impunity for the perpetrators remained widespread.”

Cuba’s Response [3]

Later the same day Cuba Foreign Minister, Bruno Rodriguez, ignored the above criticisms of Cuba and instead lambasted the U.S. in the following tweet:

  • “USA lacks moral authority in matter of [human rights]. It is a global repressor. Discriminates against minorities, makes the poor poorer, deprives millions of citizens to vote, violates the [human rights] of migrants and abundant cases of sexual abuse of minors in custody of the authorities.”

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[1] State Dep’t, 2018 Country Reports on the Human Rights Practices (Mar. 13, 2019); State Dep’t, [Secretary Pompeo]: Remarks on the Release of the 2018 Country Reports on Human Rights Practices (Mar. 13, 2019).

[2] State Dep’t, Country Reports on Human Rights Practices for 2018: CUBA (Mar. 13, 2019).

[3] Bruno Rodriguez: The United States lacks the moral to speak about human rights, Cubadebate (Mar. 13, 2019).