More Comments on Commission on Unalienable Rights

Yesterday’s post covered the formal launch of the Commission on Unalienable Rights. Here are additional reactions to the Commission. [1]

Negative Reactions

 Senator Robert Menendez (Dem., NJ), the Ranking Member of the Senate Foreign Relations Committee, said that Mr. Pompeo’s argument for a new human rights panel was “absurd” and that the Trump administration “has taken a wrecking ball to America’s global leadership on promoting fundamental rights across the world.” Instead, “we need this President and this Secretary to actually champion human rights by standing up for America’s values and by using the framework that is already in place and which has been championed by prior administrations for decades, regardless of party.”

Representative Eliot Engel (Dem., NY). the Chair of the House of Representatives Foreign Affairs Committee, stated, “This commission risks undermining many international human-rights norms that the United States helped establish, including LGBTQI rights and other critical human-rights protections around the world. Decades ago, Congress created an entire bureau in the State Department dedicated to defending and reporting on human rights and advising the Secretary and senior diplomats on human rights and democratic development. Now the Secretary wants to make an end run around established structures, expertise, and the law to give preference to discriminatory ideologies that would narrow protections for women, including on reproductive rights; for members of the LGBTQI community; and for other minority groups.” Engel also noted that he had cosponsored a measure to prohibit funding for this new body that recently had been passed by the House.

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

Rob Berschinski, the Senior Vice President for policy at Human Rights First and a former  deputy assistant secretary of state in the Bureau of Democracy, Human Rights and Labor during the Obama administration, said well-established principles for advancing human rights already existed and did not need to be revamped. He added that most of the 10 people named to the new commission viewed human rights largely through the lens of religious freedom. “At first blush,” he said, “the commission certainly seems to reinforce the perception that the administration and State Department under Secretary Pompeo uniquely emphasize religious freedom amongst universal rights.”

Another observer also voiced negative views of the Commission. “We don’t need this commission,” said Michael Posner, the State Department’s assistant secretary for DRL from 2009 to 2013. “What we need is for the U.S. government, the secretary of state and the president to abide by and uphold international human rights standards we already have adopted.”

Joanne Lin of Amnesty International said, “”If this administration truly wanted to support people’s rights, it would use the global framework that’s already in place. Instead, it wants to undermine rights for individuals, as well as the responsibilities of governments. This approach only encourages other countries to adopt a disregard for basic human rights standards and risks weakening international, as well as regional frameworks, placing the rights of millions of people around the world in jeopardy.”

Positive Reactions

Daniel Philpott, a University of Notre Dame professor who was initially mentioned as a potential commission member, said that natural law reflects a concern that human rights have gone off the rails, in part because of abortion and claims about marriage rights. “The idea is these claims of human rights are not based upon natural law or the truth of the human person. In a sense, these are false claims to human rights. It brings down the cause of human rights in general. Why should we pursue other human rights if human rights can be anything one faction or party advocates them to be?”

The Wall Street Journal notes that the Chair of the new Commission, Mary Ann Glendon, opposes abortion and same-sex marriage. And Tony Perkins, the president of the conservative Family Research Council, endorsed the Commission as an effort to “help further the protection of religious freedom, which is the foundation for all other human rights.”

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[1] Press Release: Menendez Questions Intent and Impact of Trump Admin’s New Commission on Unalienable Rights (July 8, 2019); Press Release, Engel Statement on State Department “Unalienable Rights” Commission (July 8, 2019); Wong & Sullivan, New Human Rights Panel Raises fears of a Narrowing U.S. Advocacy, N.Y. Times (July 8, 2019); Morello, State Department launches panel focused on human rights and natural law, Wash. Post (July 8, 2019); Visser, Mike Pompeo Unveils New Panel To Refocus U.S. Human Rights Priorities, Huffington Post (July 8, 2019); Oprysko, Mike Pompeo unveils panel to examine ‘unalienable rights,’ Politico (July 8, 2019); McBride, Pompeo Creates Commission on Human Rights, W.S.J. (July 8, 2019).

 

 

 

 

 

U.S. and Cuba Continue To Hold Dialogues on Common Issues

On July 10 and 11, 2018, the U.S. and Cuba in Washington D.C. continued to hold bilateral meetings. On July 10, the subject was law enforcement. On the 11th, migration. As was true for other such meetings, each country released statements about the meetings. Here is a summary of those statements.

Law Enforcement Dialogue[1]

U.S. Statement

According to the U.S. State Department, the two countries  “addressed topics of bilateral interest on national security matters, including fugitives and the [U.S.] return [to Cuba] of Cuban nationals with [U.S.] final orders of removal.” They also “reviewed recent progress in the law enforcement relationship, such as new bilateral cooperation that resulted in the [U.S.] conviction of a Cuban national who murdered an American citizen and who had fled prosecution in the [U.S.], as well as areas where there is more work to be done, such as trafficking in persons.”

The U.S. also said there was discussion about “the health attacks against diplomatic personnel at the U.S. Embassy in Havana, including two recent cases. The U.S. delegation reminded the Cubans of their responsibility to protect U.S. diplomats from harm.”[2]

Cuban Statement

The Cuban Foreign Ministry’s statement had these words about the medical issues of certain U.S. diplomats in Cuba: “The Cuban delegation urged the U.S. government to desist from the continued political manipulation of the alleged health incidents that became a pretext to adopt new unilateral measures that affect the operation of the respective embassies, particularly, the rendering of consular services depended upon by hundreds of thousands of people.”

“The investigations carried out by specialized agencies and experts from Cuba and the United States for more than one year confirmed that there is no credible evidence or hypothesis or science-based conclusions that justify the actions taken by the U.S. government against Cuba to the detriment of bilateral relations. Last June 5, U.S. Secretary of State himself affirmed that ‘the precise nature of the injuries suffered by the affected personnel, and whether a common cause exists for all cases, has not yet been established.’”

Nevertheless, the Cuban delegation “reiterated its unchanged commitment to cooperate with the U.S. authorities to clarify this situation. Ensuring the health and security of Cubans and foreign citizens is and will be a priority of the Cuban government. “

In addition, the Cuban statement said, “The purpose of these exchanges is to coordinate the bilateral cooperation in the field of law enforcement and to advance in the combat against the different crimes that threaten the security of the two countries such as terrorism, illicit drug trafficking, trafficking in persons, cybercrimes, among others.”

Cuba added, “While reviewing the exchanges on the different areas of security, the Cuban side made reference to the concrete results of this bilateral cooperation, which has contributed to prevent crimes and prosecute offenders. The Cuban delegation also made emphasis on the information and requests for cooperation [while still waiting for a U.S. response] to further advance in the implementation of this mechanism.”

“Both sides agreed to continue with this dialogue and to keep holding the technical meetings between the law enforcement agencies from both countries to bring bilateral cooperation to fruition.”

Migration Dialogue[3]

U.S. Statement

“The delegations discussed the significant reduction in irregular migration from Cuba to the [U.S.] since the implementation of the [January 12, 2017 Joint Declaration]. Apprehensions of Cuban migrants at U.S. ports of entry decreased by 88 percent from fiscal year 2017 to 2018. The [U.S.] again raised the need for increased Cuban cooperation in the [U.S.] return of Cubans with final orders of removal from the [U.S.]”[4]

The [U.S.] also reiterated that until it is safe to fully staff our Embassy, we are able to adjudicate only official and emergency visas in Havana.”

“A strong migration policy is vital to the [U.S.’] national security. The Migration Talks, which began in 1995, provide a forum for the [U.S.] and Cuba to review and coordinate efforts to ensure safe, legal, and orderly migration between Cuba and the [U.S.].”

Cuban Statement

Both “parties acknowledged the benefits of the Joint Declaration of January 12, 2017, in particular the elimination of the policy of “Dry feet-wet feet” and the “Parole Program for Cuban Medical Professionals,” in the decrease of irregular emigration.”

“They also agreed on the usefulness of the exchange between [U.S.] Coast Guard Troops and the [Cuban] Coastguard Service held in January 2018, and the technical meeting on trafficking in persons and immigration fraud carried out in December 2017.”

In addition, “compliance with bilateral agreements was reviewed, in order to guarantee a regular, safe and orderly migration; discourage irregular migration, and prevent and confront associated illicit acts. Cuba demonstrated that it rigorously fulfills its obligations, and reiterated its willingness to maintain and expand bilateral cooperation in this area.”

“The Cuban delegation urged the government of the [U.S.] to fully comply with its commitments to issue visas for migrants, in accordance with the Migration Agreements. . . . [The U.S.] decision to suspend visa processing services at its embassy in Havana directly affects migratory relations and family ties, damaging institutional exchanges and travel between the two countries.”

The Cubans also “expressed concern about the [U.S.’] Cuban Adjustment Act, which, together with other US regulations, encourages the irregular emigration of Cubans and exposes them to becoming victims of illegal traffickers and gangs associated with organized crime.”

Conclusion

Despite the Trump Administration’s continued hostile rhetoric and actions regarding Cuba, it is reassuring that the two countries are continuing to have respectful dialogue on many common issues and reaching agreement on some of these problems. May it continue!

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[1]  U.S. State Dep’t, United States and Cuba Hold Fourth Law Enforcement Dialogue in Washington, DC (July 10, 2018); Cuba Foreign Ministry, Cuba and the United States hold fourth meeting on law enforcement dialogue, Minrex (July 11, 2018); Washington once again reminds Havana of its responsibility in the protection of its diplomats, Diario de Cuba (July 11, 2018). The most recent prior meeting was in September 2017. (U.S. State Dep’t, United States and Cuba Hold Third Law Enforcement Dialogue in Washington, D.C. (Sept. 15, 2017).) This blog has commented on prior bilateral meetings. E.g., Cuba and U.S. Continue To Hold Bilateral Meetings on Various Issues (Jan. 18, 2018).

[2]  On July 11, 2018, the issue of the medical problems of the U.S. diplomats cane up at a House of Representatives Foreign Affairs Committee hearing. Kenneth Merten, Acting Principal Deputy Assistant Secretary for Western Hemisphere Affairs, testified, “We don’t know who is responsible and we don’t know what is responsible for this. . . . We have taken this … very seriously, both in the Cuba context and the China context which is, frankly, still very much evolving.” At the hearing, Reps. Ed Royce (R-Calif.) and Eliot Engel (D-N.Y.) — the Foreign Affairs Committee chairman and ranking member, respectively — said they planned to meet with Deputy Secretary of State John Sullivan on Wednesday afternoon and would discuss the health incidents with him.”  (Reuters, State Department Still Investigating Diplomats’ Illnesses in Cuba, China, N.Y. Times (July 11, 2018); Greenwood, State Dept: No answers in sonic attacks in Cuba, China, The Hill (July 11, 2018).) Prior posts about these medical problems are listed in the “U.S. Diplomats Medical Problems in Cuba, 2017-18” section of List of Posts to dwkcommentaries.com—Topical: CUBA.

[3] U.S. State Dep’t, U.S. and Cuba Hold Biannual Migration Talks in Washington, DC (July 11, 2018); Cuba Foreign Ministry, Migratory Round Held between Cuba and the United States (July 11, 2018); Celebrated Migratory round between Cuba and the United States, Cubadebate (July 11, 2018). Two days before the latest migration meeting, a Cuba Foreign Ministry official in an  interview asserted that Cuba  has “rigorously” complied with its migration agreements with the U.S. despite the U.S. creation of “obstacles to the fulfillment of its obligations.” (Cuba Foreign Ministry, Cuba strictly complies with migration agreements with the US, MINREX (July 9, 2018).)

[4] The January 2017 Joint Declaration eliminated the U.S. policy of admitting into the U.S. Cubans who arrived on land with “dry feet” and the U.S. Program for Parole for Cuban Medical Personnel. See these posts to dwkcommentaries.com: U.S. Ends Special Immigration Benefits for Cubans (Jan. 13, 2017); Additional Reactions to End of Special Immigration Benefits for Cubans (Jan. 14, 2017); Other Current Developments Regarding Cuban Migrants to U.S. (Jan. 15, 2017).