President Trump Announces Categories for U.S. Admission of Refugees for Fiscal 2021             

On September 30, the U.S. State Department announced that President Trump had reduced the U.S. quota for admission of refugees to 15,000 for Fiscal Year 2021 (October 1, 2020-September 30, 2021) that would be documented in a subsequent presidential determination.[1]

That Presidential Determination confirming the 15,000 limitation was issued on October 28 in the form of a memorandum to the Secretary of State. It also announced allocations “among refugees of special humanitarian concern to the United States.”[2] Here are those allocations:

Number Category
5,000 Refugees who: have been persecuted or have a well-founded fear of persecution on account of religion; or are within a category of aliens established under subsections (b) and (c) of section 599D of Title V, Public Law 101-167, as amended (the Lautenberg and Specter Amendments). [(i) “aliens who are or were nationals and residents of the Soviet Union and who share common characteristics that identify them as targets of persecution in the Soviet Union on account of race, religion, nationality, membership in a particular social group, or political opinion,” including “nationals and residents of the Soviet Union and who are Jews or Evangelical Christians ” and (ii) “aliens who are or were nationals and residents of Vietnam, Laos, or Cambodia and who share common characteristics that identify them as targets of persecution in such respective foreign state on such an account.
4,000 Refugees who are within a category of aliens listed in section 1243(a) of the Refugee Crisis in Iraq Act of 2007, Title XII, Div. A, Public Law 110-181, as amended: “[1) Iraqis who were or are employed by the United States Government, in Iraq;(2) Iraqis who establish to the satisfaction of the Secretary of State that they are or were employed in Iraq by–(A) a media or nongovernmental organization headquartered in the United States; or (B) an organization or entity closely associated with the United States mission in Iraq that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement; and 3) spouses, children, and parents whether or not  accompanying or following to join, and sons, daughters, and siblings of aliens described in paragraph (1), paragraph (2), or section 1244(b)(1); and(4) Iraqis who are members of a religious or minority community, have been identified by the Secretary of State, or the designee of the Secretary, as a persecuted group, and have close family members . . . in the United States.”
1,000 Refugees who are nationals or habitual residents of El Salvador, Guatemala, or Honduras.
5,000 Other refugees in the following groups: those referred to the United States Refugee Admissions Program (USRAP) by a United States Embassy in any location; those who will be admitted through a Form I-730 following-to-join petition or who gain access to the USRAP for family reunification through the P-3 process; those currently located in Australia, Nauru, or Papua New Guinea who gain access to the USRAP pursuant to an arrangement between the United States and Australia; those who are nationals or habitual residents of Hong Kong, Venezuela, or Cuba; and those in the USRAP who were in “Ready for Departure” status as of September 30, 2019.
15,000 TOTAL

In addition, the President authorized the Secretary of State, subject to certain conditions, “to transfer unused admissions from a particular allocation above to one or more other allocations, if there is a need for greater admissions for the allocation to which the admissions will be transferred.”

The President, subject to certain conditions, also authorized the Secretary of State to consider “the following persons . . ., if otherwise qualified, . . . [as] refugees for the purpose of admission to the United States within their countries of nationality or habitual residence: a. persons in Cuba; b. persons in Eurasia and the Baltics; c. persons in Iraq; d. persons in Honduras, Guatemala, and El Salvador; and e. in exceptional circumstances, persons identified by a United States Embassy in any location.”

The President specified “that persons from certain high-risk areas of terrorist presence or control, including Somalia, Syria, and Yemen, shall not be admitted as refugees, except those refugees of special humanitarian concern:  (1) who have been persecuted or have a well-founded fear of persecution on account of religion; (2) were referred to the USRAP by a United States Embassy in any location; or (3) who will be admitted through a Form I-730 following-to-join petition or who gain access to the USRAP for family reunification through the P‑3 process.  The threat to United States national security and public safety posed by the admission of refugees from high-risk areas of terrorist presence or control is significant and cannot be fully mitigated at this time.”

Another specification by the President was “ for FY 2021, newly admitted refugees should be placed, to the maximum extent possible, in States and localities that have clearly expressed their willingness to receive refugees under the Department of State’s Reception and Placement Program.  Such cooperation ensures that refugees are resettled in communities that are eager and equipped to support their successful integration into American society and the labor force.”

Finally the President determined “hat assistance to or on behalf of persons applying for admission to the United States as part of the overseas refugee admissions program will contribute to the foreign policy interests of the United States, and I accordingly designate such persons for this purpose.”

Conclusion

 The principal objection to this presidential action is the overall limitation of resettled refugees to 15,000 in one year. The identification of the refugees in the above categories and their allocated numbers presumably are justified.

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[1] U.S. Reduces Refugee Admissions to 15,000 for Fiscal 2021, dwkcommentaries.com (Oct. 2, 2020).

[2] White House, Presidential Determination on Refugee Admissions for Fiscal Year 2021 (Oct. 28, 2020).

 

Pompeo Discusses Unalienable Rights and the Geneva Consensus Declaration

On October 29, in Jakarta, Indonesia before an audience of diplomats and faith leaders, U.S. Secretary of State Michael Pompeo made an address he titled “Unalienable Rights and Traditions of Tolerance.” With him was the Chair of the U.S. Commission on Unalienable Rights, Mary Ann Glendon. Here is what the Secretary said on that topic while also mentioning the Geneva Consensus Declaration.

The Secretary’s Remarks [1]

“The founding principle of the United States is very, very simple. America’s Declaration of Independence affirms that governments exist – governments exist to secure the rights inherent in every human being. Indeed, as the commission’s report argues, the United States was the first nation founded on a commitment, a deep commitment to universal rights for all human beings.”

“Now, the most fundamental of these rights is the right to freedom of conscience, including religious freedom. It’s the basis for the most important conversations about what conscience tells us and about what God demands of each of us. It’s one reason that religious freedom is the very first freedom enumerated in our Constitution, in the American constitution. As an evangelical Christian, my faith informs how I live, how I work, how I think.”

“And it is exceedingly rare in the scope of human history for a nation to make those promises to its citizens. It is rarer for nations even to keep them.”
“America’s respect for God-given rights, is the defining feature of our national spirit. It’s why America stood tallest among Western democracies in supporting your independence from colonial rule and has been a stalwart supporter of Indonesia’s transition to democracy over these past two decades. The fact that our people embrace freedom and uphold a tradition of tolerance is very special. We should never lose it. We must continue upholding our traditions, and we must do so very actively. We can’t assume our freedoms and our faith will live on. We must stand for what we believe.”

“I’m here in Indonesia because I believe that Indonesia shows us the way forward. There is literally no reason that Islam can’t co-exist peacefully alongside Christianity or Buddhism. . .Indeed, Indonesia’s national motto, translated into English, is, ‘Unity Amid Diversity.’. . . [And] your Constitution from 1945 clearly declares that every person shall be free: ‘Every person shall be free to…practice the religion of his [or] her choice.’” [These values then were implemented in your “Pancasila – foundational principles that enshrined the importance of faith in the life of your country[and established] . . .that Indonesia’s embrace of diverse religions, people, and cultures would become a core pillar of your country’s success.”

“The flexible, inclusive, and tolerant democratic culture that has emerged since the Reformasi of 1998 has defied the skeptics, the skeptics who believed that Indonesia could only be governed by a strongman restricting the rights of its people. Indonesia has since then given the whole world a positive model of how different faiths, different ethnic groups . . can coexist peacefully and settle their disagreements through democratic means. This is glorious.”

The work of the groups here today “is now more important than ever. Blasphemy accusations, which destroy lives, have become more common. Discrimination against non-official religions renders their practitioners second-class citizens who are subject to abuse and deprivation.”

“I want you to urge the same actions I asked the Catholic Church’s leaders to do in the Vatican.” [2]

“We need more religious leaders to speak out on behalf of people of all faiths wherever their rights are being violated. We need more religious leaders to be a moral witness. We need more religious leaders to support principles of ‘humanity and justice,’ as your founders wrote, and as our respect for unalienable rights demands.”

After noting the U.S. complaints about the Burmese military and the Iranian regime’s persecution of religious groups, the Secretary said, “the gravest threat to the future of religious freedom is the Chinese Communist Party’s war against people of all faiths: Muslims, Buddhists, Christians, and Falun Gong practitioners alike.The atheist Chinese Communist Party has tried to convince the world that its brutalization of Uyghur Muslims in Xinjiang is necessary as a part of its counterterrorism efforts or poverty alleviation. . . . [but we know those claims to be false.] I know that the Chinese Communist Party has tried to convince Indonesians to look away, to look away from the torments your fellow Muslims are suffering.. . . [But] you know the ways that the Islamic tradition – and the Indonesian tradition – demand that we speak out and work for justice. . . .

“Free people of free nations must defend those [God-given unalienable] rights. It is our duty. Even as we each do this . . in our own and often different ways, we should recognize that we have strength in numbers. We should recognize that we can turn to each other for support in difficult times, and that our cherished rights and values are absolutely worth defending at every moment, as the birthright of every people.

The Secretary then gave the following responses to questions from the audience:

• Pompeo said the U.S. works on counter-terrorism and on developing “a model for Middle East peace” and respect for human rights.
• The Geneva Consensus Declaration that recently was signed by the U.S., Indonisia and others acknowledges these religious freedom rights and protects the unborn. [3]
• The recent peace agreements between Israel and the United Arab Emirates, Bahrain and Sudan seek to improve the lives of Palestinians in the Gaza Strip. The U.S. still supports a two-state solution.
• The Report of the U.S. Commission on Unalienable Rights recognizes the U.S. Universal Declaration of Human Rights as an important aspirational document that calls on every nation to embrace and protect human rights. [4]

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[1] State Dep’t, Pompeo Speech: Unalienable Rights and Traditions of Tolerance (Oct. 29, 2020).

[2] On September 30 at the Vatican Secretary Pompeo gave a speech that criticized the Pope for having agreed to accept seven bishops appointed by China for the official, state-sanctioned church and for recently negotiating the renewal of that agreement. (See Secretary Pompeo Foments Conflict with the Holy See, dwkcommentaries.com (Oct. 3, 2020). Subsequently, on October 22, the Vatican announced such a two-year renewal although the exact details of the agreement were not released, but it contemplates ongoing dialogue about various issues. The Holy See said that it “considers the initial application of the agreement – which is of great ecclesial and pastoral value – to have been positive, thanks to good communication and cooperation between the parties on the matters agreed upon, and intends to pursue an open and constructive dialogue for the benefit of the life of the Catholic Church and the good of Chinese people.” And the Vatican newspaper L’Osservatore Romano said the Vatican ‘does not fail to attract the attention of the Chinese government to encourage a more fruitful exercise of religious freedom.’” (Winfield, Vatican, China extend bishop agreement over U.S. opposition, Wash. Post (Oct. 22, 2020); Rocca & Wong, Vatican, Bejing Renew Deal on Bishop Appointments, as Catholics Remain Divided, W.S.J. (Oct. 22, 2020); Horowitz, Vatican Extends Deal With China Over Appointment of Bishops, N.Y. Times (Oct. 22, 2020).

[3] The Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family, dwkcommentaries.com (Nov. 5, 2020).

[4] U.S. Commission on Unalienable Rights Issues Final Report, dwkcommentaries.com (Nov. 4, 2020).

 

 

The Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family

On October 22, the U.S. hosted a ceremony at the Department of Health and Human Services (DHHS)  for the signing of the Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family.[1]

Contents of the Declaration[2]

The Declaration was prepared because COVID-19 prevented the signatories from meeting in Geneva, Switzerland for the 2020 World Health Assembly “to review progress made and challenges to uphold the right to the highest attainable standards of health for women; to promote women’s essential contribution to health, and strength of the family and of a successful and flourishing society; and to express the essential priority of protecting the right to life, committing to coordinated efforts in multilateral fora.”

The signatories, therefore:

“1. Reaffirm ‘all are equal before the law,’  and ‘human rights of women are an inalienable, integral, and indivisible part of all human rights and fundamental freedoms’;”

“2. Emphasize ‘the equal right of men and women to the enjoyment of all civil and political rights,’  as well as economic, social, and cultural rights; and the ‘equal rights, opportunities and access to resources and equal sharing of responsibilities for the family by men and women and a harmonious partnership between them are critical to their well-being and that of their families’ ; and that ‘women and girls must enjoy equal access to quality education, economic resources, and political participation as well as equal opportunities with men and boys for employment, leadership and decision-making at all levels;’”

“3. Reaffirm the inherent ‘dignity and worth of the human person,’ that ‘every human being has the inherent right to life,’ and the commitment ‘to enable women to go safely through pregnancy and childbirth and provide couples with the best chance of having a healthy infant;’”

“4. Emphasize that ‘in no case should abortion be promoted as a method of family planning’ and that ‘any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process’; Reaffirm that ‘the child… needs special safeguards and care… before as well as after birth’ and ‘special measures of protection and assistance should be taken on behalf of all children,’ based on the principle of the best interest of the child;”

” 5. Reaffirm that ‘the family is the natural and fundamental group unit of society and is entitled to protection by society and the State’; that ‘motherhood and childhood are entitled to special care and assistance,’ that ‘women play a critical role in the family’ and women’s ‘contribution to the welfare of the family and to the development of society’;”

“6. Recognize that ‘universal health coverage is fundamental for achieving the Sustainable Development Goals related not only to health and well-being,’ with further recognition that ‘health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity’ that ‘the predominant focus of health-care systems on treating illness rather than maintaining optimal health also prevents a holistic approach’; and that there are ‘needs that exist at different stages in an individual’s lifespan, which together support optimal health across the life course, entailing the provision of the necessary information, skills, and care for achieving the best possible health outcomes and reaching full human potential; and”

“7. Reaffirm ‘the importance of national ownership and the primary role and responsibility of governments at all levels to determine their own path towards achieving universal health coverage, in accordance with national contexts and priorities’, preserving human dignity and all the rights and freedoms set forth in the Universal Declaration of Human Rights.”

Furthermore, the signatories ”hereby declare in mutual friendship and respect, our commitment to work together to:

  • Ensure the full enjoyment of all human rights and equal opportunity for women at all levels of political, economic, and public life;
  • Improve and secure access to health and development gains for women, including sexual and reproductive health, which must always promote optimal health, the highest attainable standard of health, without including abortion;
  • Reaffirm that there is no international right to abortion, nor any international obligation on the part of States to finance or facilitate abortion, consistent with the long-standing international consensus that each nation has the sovereign right to implement programs and activities consistent with their laws and policies;
  • Build our health system capacity and mobilize resources to implement health and development programs that address the needs of women and children in situations of vulnerability and advance universal health coverage;
  • Advance supportive public health policies for women and girls as well as families, including building our healthcare capacity and mobilizing resources within our own countries, bilaterally, and in multilateral fora;
  • Support the role of the family as foundational to society and as a source of health, support, and care; and
  • Engage across the UN system to realize these universal values, recognizing that individually we are strong, but together we are stronger.”

The Declaration’s Signatories[3]

The co-sponsors and signatories of this Declaration were the U.S., Indonesia, Brazil, Egypt, Hungary and Uganda. The other 26 signatories included Poland, the Belarus (where security forces are currently trying to suppress a women-led protest movement), Saudi Arabia, Bahrain, the United Arab Emirates, Iraq, Sudan, South Sudan and Libya.

According to the Women, Peace and Security Index that was established by Georgetown University, most of the signatories are among the worst countries for women’s rights, and none of the top twenty countries on that index—except for the U.S. which ranked 19th—signed the declaration.

At the ceremony, Alex Azar, the Secretary of DHHS, said, “too many wealthy nations and international institutions put a myopic focus on a radical agenda that is offensive to many cultures and derails agreement on women’s health priorities. Today, we put down a clear marker: No longer can U.N. agencies reinterpret and misinterpret agreed-upon language without accountability. Member States set the policy for the U.N. to pursue. Not the other way around.”

Secretary of State Michael Pompeo added that this document aims to “protect women’s health, defends the unborn and reiterates the vital importance of the family as the foundation of society.” He also stressed, “There is no international right to abortion.”

The document does not directly address same-sex marriage, but its statement that the family is “the natural and fundamental group unit of society” has clear meaning for those signatories that restrict LGBT rights like Egypt.

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[1] Health & Human Services Dep’t, Trump Administration Marks the Signing of the Geneva Consensus Declaration (Oct. 22, 2020); Berger, U.S. signs international declaration challenging right to abortion and upholding ‘role of the family,’ Wash. Post (Oct. 22, 2020); Borger, U.S. signs anti-abortion declaration with group of largely authoritarian governments, Guardian (Oct. 22, 2020).

[2] Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family.

[3]  See n. 1; Azar, Remarks at the Geneva Consensus Declaration Signing Ceremony, DHHS (Oct. 22, 2020); State Dep’t, Secretary Pompeo Participates in the Geneva Consensus Declaration Signing Ceremony (Oct. 21, 2020).

 

New U.S. Sanctions Against Cuba

The U.S. recently has announced additional sanctions against Cuba. Here is a summary of those measures.

 U.S.Sanctions Against Certain Cuban Hotels, Cigars and Alcohol[1]

On September 23 President Trump announced that the “Treasury Department will prohibit U.S. travelers from staying at properties owned by the Cuban government. We’re also further restricting the importation of Cuban alcohol and Cuban tobacco. These actions will ensure that U.S. dollars do not fund the Cuban regime and go directly to the Cuban people.”

Treasury Secretary Mnuchin said, “The Cuban regime has been redirecting revenue from authorized U.S. travel for its own benefit, often at the expense of the Cuban people. This Administration is committed to denying Cuba’s oppressive regime access to revenues used to fund their malign activities, both at home and abroad.”

A negative assessment of this move was made by Lawrence Ward, a partner in the international law firm Dorsey & Whitney, who said Trump’s action will make it nearly impossible for Americans to visit Cuba since the government owns or controls nearly all hotels. “Certainly, these new sanctions will have some minor impact on the Cuban government and Cuba’s economy but there’s a fair argument that the actions are more symbolic and political given that the United States stands nearly alone in its sanctions as to Cuba.”

Enrique Gutierrez, a spokesman for the Democratic Party said in an email, “This is a desperate and hypocritical attempt by Trump to pander to Cuban-American voters in Florida. American citizens are already banned from traveling to Cuba because of the coronavirus.” Mr. Trump was “using our foreign policy for his own political gain.”

U.S. Sanctions Against Cuban Debit Cards[2]

On September 28, the State Department added American International Services (AIS), a financial institution, to the Cuba Restricted List. According to Secretary of State Michael Pompeo, the stated reason for this action was AIS’ allegedly being “controlled by the Cuban military that processes remittances sent to the Cuban people” and its charging “fees and manipulat[ing] the remittance and foreign currency market as part of the regime’s schemes to make money and support its repressive apparatus. The profits earned from these operations disproportionately benefit the Cuban military, furthering repression of the Cuban people and funding Cuba’s meddling in Venezuela.”

The Secretary added, “Adding AIS to the Cuba Restricted List furthers the Administration’s goal of preventing the Cuban military from controlling and benefiting from the flow of remittances that should instead benefit the Cuban people.  The people should be able to receive funds from their family abroad without having to line the pockets of their oppressors.” Therefore, the Secretary urged “anyone who sends remittances to family in Cuba to use means other than Cuban government-controlled remittance entities.”

This move against AIS hurts ordinary Cubans who receive remittances in hard currencies from families in the U.S. and elsewhere through AIS that are used to buy food in government-owned retail grocery stores. Bruno Rodriguez, Cuba’s foreign minister, said in a tweet, “it is a maneuver aimed at damaging the Cuban people and the family ties between both nations.”

List of Cuba Prohibited Accommodations and Entities [3]

In addition, on September 28, the Department published its initial list of Cuba Prohibited Accommodations. This is a “list of properties in Cuba owned or controlled by the Cuban government, a prohibited official of the Government of Cuba, as defined in 31 CFR § 515.337, a prohibited member of the Cuban Communist Party, as defined in 31 CFR § 515.338, a close relative, as defined in 31 CFR § 515.339, of a prohibited official of the Government of Cuba, or a close relative of a prohibited member of the Cuban Communist Party.” The list is by cities and towns that not in alphabetical order so it should be carefully examined by any U.S. citizen traveling to Cuba.

On September 29, the Department published the List of Restricted Entities and Subentities Associated with Cuba. This is a “list of entities and subentities under the control of, or acting for or on behalf of, the Cuban military, intelligence, or security services or personnel with which direct financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba.” U.S. nationals are prohibited from having “direct financial transactions with these entities.”

Another Cuban “Blocked Person”[4]

On September 30 the Department added Luis Alberto Rodriguez Lopez-Calleja to the U.S. list of Specially Designated Nationals and Blocked Persons, which will block all transactions with “all assets, property and interests of property of Mr. Lopez-Calleja that are subject to U.S. jurisdiction, including within the possession or control of U.S. persons.”   The stated reason for this action was his being the head of the Cuban military-owned conglomerate Grupo de Administración Empresarial S.A. (GAESA), which allegedly uses its revenue “to oppress the Cuban people and to fund Cuba’s parasitic, colonial domination of Venezuela.  He also is the son-in-law of Raul Castro.

Other Reactions [5]

 These new sanctions might seem inconsequential to someone in the U.S. But they are especially mean-spirited when directed at the much smaller and weaker island whose economy is suffering from the total collapse of foreign tourism and mismanagement and whose food is sold at high prices in government-operated stores only for U.S. Dollars as a way for the government to obtain Dollars it needs for other purposes.

Elijah Love, a commentator in the private Diario de Cuba and generally supportive of U.S. restrictions on Cuba, says, “Unfortunately, private entrepreneurs have been especially harmed, and although the US government wants the sanctions applied to military companies and State Security to leave room for private entrepreneurs to occupy the place they deserve, it does not seem that this be the case.”

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[1] White House, Remarks by President Trump Honoring Bay of Pigs Veterans (Sept. 23, 2020); Treasury Dep’t, Office of Foreign Asset Control, Cuban Assets Control Regulations, 85 Fed. Reg. 60068-72 (Sept. 24, 3030)(new prohibition on lodging and related transactions at certain Cuban properties; restrictions on U.S. imports of Cuban alcohol and tobacco products; ends authorization of attendance or organization of professional meetings in Cuba and participation or organization of certain public performances , clinics , workshops in Cuba); Yeginsu, Trump Administration Adds to US Travel Restrictions in Cuba, N.Y. Times (Sept. 24, 2020); Superville, Trump tightens Cuba sanctions as he woos Cuban-American vote, Wash. Post (Sept. 23, 2020).

[2] State Dep’t, Addition to the Cuba Restricted List (Sept. 28. 2020); Rodriguez, U.S. adds popular Cuban debit card to restricted list, Wash. Post (Sept. 28, 2020).

[3]  State Dep’t, Cuba Prohibited Accommodations List Initial Publication (Sept. 28, 2020);  State Dep’t, List of Restricted Entities and Subentities Associated with Cuba Effective September 29, 2020 (Sept. 29, 2020)

[4] State Dep’t, Press Statement (Secretary Michael Pompeo): Addition to the Specially Designated Nationals and Blocked Persons List (Sept. 30, 2020);Lee, US imposes sanctions on Cuba’s Raul Castro’s son-in-law, Wash. Post (Sept. 30, 2020)

[5]  Augustin & Robles, Cuba’s Economy Was Hurting. The Pandemic Brought a Food Crisis, N.Y. Times (Sept. 20, 2020); Love, US sanctions on the Cuban economy create opportunities, but also risks, Diario de Cuba (Sept.  29, 2020).

 

Secretary Pompeo Foments Conflict with the Holy See

On September 30, U.S. Secretary of State Michael Pompeo was at the Holy See for its Symposium on Advancing and Defending Religious Freedom through Diplomacy. There he delivered a speech entitled “Moral Witness and Religious Freedom” that provided great details about China’s abuses of religious freedom and called upon the Vatican (Pope Francis) to take action against the Chinese abuses. He thereby fomented conflict with the Holy See.

Pompeo’s Recent Speech [1]

Most of the first part of this speech appropriately concentrated on the 75th anniversary of the end of World War II in Europe and the courageous resistance to the Nazi’s persecution of its Jewish citizens by Roman Catholic Father Bernhard Lichtenberg in  Berlin by his helping Jews with finances, advice and emigration assistance and by publicly  criticizing the Nazi regime after Kristallnacht.

“That life or death struggle [against the Nazis] was a crucible, a proving ground of moral witness.  Individual stories of valor were legion.  But I remember especially Father Bernhard Lichtenberg. . . .[He] was a priest in Berlin in the 1930s, who fervently resisted the Nazi regime, and helped Jews with finances, advice, emigration assistance as the Nazi fist tightened. In 1938, in the aftermath of Kristallnacht, he began to speak up more loudly on their behalf, proclaiming at St. Hedwig’s Cathedral in Berlin, ‘Outside ‘the synagogue is burning, and that too, is a house of God.’ From then on, he fearlessly prayed each day publicly for the Jews and other victims of Nazi brutality.”

“Eventually, the Nazis arrested him in 1941. Rejecting a deal to go free in exchange [for] stopping his subversive peaching, he was given a two-year prison sentence.  When asked if he had anything to add when the sentence was read, he said, ‘I submit that no harm results to the state by citizens who pray for the Jews.’ Towards the end of his sentence, the Nazis realized they could never break his spirit.  They ordered him sent to Dachau concentration camp, but he died on the way before he reached that grim destination. Father Lichtenberg bore an incredible moral witness, and in 2004 he was honored by the State of Israel as one of the Righteous Among the Nations, a non-Jew who risked his life to save Jews from Nazis.”

“Today, as we think about that man, I urge all faith leaders to exhibit a similarly moral, bold witness for the sake of religious freedom, for human dignity, and for peace.(Emphasis added.)

Secretary Pompeo then shifted his remarks to say “the mission of defending human dignity – and religious freedom in particular – remains at the core of American foreign policy. That’s because it’s at the heart of the American experiment.  Our founders regarded religious freedom as an absolutely essential right of mankind and central to our founding.”

“Indeed, I would say it’s an integral part to what Pope John Paul II described as the ‘universal longing for freedom’ at the United Nations when he spoke in 1995.  Billions of people today . . . have always seeked to worship according to their conscience.”

But sadly, authoritarian regimes, terrorists, and even secularists, free societies are – in their different ways – trampling religious freedom all around the world. Vast swathes of humanity live in countries where religious freedom is restricted, from places like . . . Cuba, and beyond.” (Emphasis added.) Later in the speech he reiterated this contention: “Christian leaders have an obligation to speak up for their brothers and sisters in Iraq, in North Korea, and in Cuba.” (Emphasis added.)[2]

Then he went into his excoriation of China.

“Nowhere, however – nowhere is religious freedom under assault more than it is inside of China today. That’s because, as with all communist regimes, the Chinese Communist Party deems itself the ultimate moral authority. An increasingly repressive CCP, frightened by its own lack of democratic legitimacy, works day and night to snuff out the lamp of freedom, especially religious freedom, on a horrifying scale.”

The Uyghur Muslims of Xinjiang are “not the only victims.  The Chinese Communist Party has battered every religious community in China: Protestant house churches, Tibetan Buddhists, Falun Gong devotees, and more.”

“Nor, of course, have Catholics been spared this wave of repression: Catholic churches and shrines have been desecrated and destroyed. Catholic bishops like Augustine Cui Tai have been imprisoned, as have priests in Italy. And Catholic lay leaders in the human rights movement, not least in Hong Kong, have been arrested. Authorities order residents to replace pictures of Jesus with those of Chairman Mao and those of General Secretary Xi Jinping.”

“All of these believers are the heirs of those Pope John Paul celebrated in his speech to the UN, those who had ‘taken the risk of freedom, asking to be given a place in social, political, and economic life which is commensurate with their dignity as free human beings.’”

“We must support those demanding freedoms in our time, like Father Lichtenberg did.”

For the Church, “Earthly considerations shouldn’t discourage principled stances based on eternal truths.  And as history shows, Catholics have often deployed their principles in glorious, glorious service of human dignity.” These include Jacques Maritain,  the bishops of Poland and West Germany in the 1960s,  the bishops of Poland and West Germany, Pope John Paul II, who was unafraid, and Pope Emeritus Benedict. “And just like Pope Benedict, Pope Francis has spoken eloquently about the ‘human ecology’ essential to decent societies.” (Emphasis added.)

“Pope Francis has exhorted the Church to be ‘permanently in a state of mission.’  It’s a hope that resonates with this evangelical Protestant who believes, as the Holy Father does, that those of us given the gift of Christian faith have an obligation to do our best to bless others.” (Emphasis added.)

To be a Church ‘permanently in a state of mission’ has many meanings.  Surely, one of them is to be a Church permanently in defense of basic human rights. A Church permanently in opposition to tyrannical regimes. A Church permanently engaged in support of those who wish to take ‘the risk of freedom’ of which Pope John Paul II spoke, especially, most especially where religious freedom is denied, or limited, or even crushed.” (Emphasis added.)

“As Christians, we all know we live in a fallen world.  That means that those who have responsibility for the common good must sometimes deal with wicked men and indeed with wicked regimes.  But in doing so – in doing so, statesmen representing democracies must never lose sight of the moral truths and human dignity that make democracy itself possible.” (Emphasis added.)

So also should religious leaders.  Religious leaders should understand that being salt and light must often mean exercising a bold moral witness. And this call to witness extends to all faiths, not just to Christians and Catholics.  It’s for leaders of all faiths at – indeed, at every level.” (Emphasis added.)

I call on every faith leader to find the courage to confront religious persecution against their own communities, as well as Father Lichtenberg did against members of other faiths as well.” (Emphasis added.)

“Every man and woman of faith is called to exercise a moral witness against the persecution of believers.  Indeed – we’re here today to talk about religious freedom – the very future of religious freedom depends upon these acts of moral witness.”

Pope John Paul II bore witness to his flock’s suffering, and he challenged tyranny.  By doing so, he demonstrated how the Holy See can move our world in a more humane direction, like almost no other institution.” (Emphasis added.)

May the Church, and all those who know that we are ultimately accountable to God, be so bold in our time.  May we all be so bold in our time.” (Emphasis added.)

Pompeo’s Preceding Comments [3]

Just twelve days before his recent trip to the Holy See, Pompeo published an article in First Things, “a conservative Christian magazine that has called [Pope} Francis a failure as Pope.” https://www.firstthings.com/about

Entitled “China’s Catholics and the Church’s Moral Leadership,” Pompeo’s article vigorously attacked the 2018 agreement between the Holy See and China that recognized the validity of Chinese appointment of some of the Catholic bishops in the country and the current Holy See-China negotiations about renewal of that agreement. (Emphasis added.)

The next day, Pompeo issued the following tweet: “Two years ago, the Holy See reached an agreement with the Chinese Communist Party, hoping to help China’s Catholics. Yet the CCP’s abuse of the faithful has only gotten worse. The Vatican endangers its moral authority, should it renew the deal.” (Emphasis added.)

Reactions to Pompeo’s Comments and Speech [4]

These Pompeo words were seen by an “indignant Vatican . . . as a calculated affront.” As a result, the Vatican denied Pompeo a requested meeting with Pope Francis. Cardinal Pietro Parolin, who, as secretary of state, is the Vatican’s second-ranking official, told reporters that the Pope had not granted the meeting because Francis had “clearly said that he does not receive political figures ahead of the elections.”

Moreover, Pompeo’s subsequent speech at the Holy See can be seen as an indirect challenge to Pope Francis by Pompeo’s talking about the Chinese abuses at great length and the courage of previous popes and Father Lichtenberg, by calling on “every faith leader to find the courage to confront religious persecution against their own communities,” by his using Pope Francis’ own challenge to the Church to be “permanently in a state of mission” as a way to say Francis is not doing that and by Pompeo’s saying, “May the Church, and all those who know that we are ultimately accountable to God, be so bold in our time.”  

In addition,  Pompeo met with “prelates and others who are hostile to Pope Francis.” As a result of these developments, many observers believe “Pompeo’s [recent] visit is as much about the coming [U.S.] presidential election as about China policy. Mr. Pompeo dismissed that suggestion as absurd, but intended or not, his trip signals that President Trump is on the side of those conservative American Catholics who worry about the church’s direction under Francis and think he is soft on China.”

The New York Times also reports that the event at the Vatican where Pompeo gave his speech on September 30 was organized by Callista Gingrich, the U.S. ambassador to the Vatican, and who received warm words from Pompeo at the start of his speech while she sat in the front row with her husband Newt Gingrich, the Republican former Speaker of the U.S. House of Representatives.”

“Mr. Gingrich said that Mr. Pompeo’s piece in First Things has stirred support and ‘probably’ motivated Catholic voters who read it to vote for President Trump. ‘The reaction to his op-ed the other day was very strong.’ Mr. Gingrich, who converted to Catholicism after his third marriage [to Calista] is a co-chair of Catholics for Trump [that] has attacked Mr. Biden over his ties to China and . . . supports Carlo Maria Viganò, the former Vatican ambassador to Washington, who has accused the pope of shielding child abusers and demanded that he step down.”

As he went to the podium for his Vatican speech, Pompeo “gave a pat on the shoulder to Cardinal Raymond Burke, a U.S. leader of the conservative opposition to Francis within the church hierarchy. Burke, who ruled out giving communion to John Kerry during the 2004 presidential campaign, said he believed American voters ‘more and more so’ cared about the issues Mr. Pompeo raised. And when it came to China, he said ‘I know I do.’” (https://en.wikipedia.org/wiki/Raymond_Leo_Burke)

“Thomas Williams, the Breitbart bureau chief in Rome and a consistent critic of Francis who attended the event, argued that there was a clear electoral angle to the nominally diplomatic trip. He said that while he believed Mr. Pompeo genuinely hoped to change the Vatican’s stance on China, any political benefit back home was ‘a welcome and I’m sure sought after side effect.’”

Massimo Faggioli, a professor of theology and religious studies at Villanova University [and a supporter] of Francis, said these Pompeo actions are “an appeal to an electorate that is bigger than the Catholic vote, it’s also the evangelical vote. Being anti-pope helps with these Catholics but also evangelicals.”

“Alberto Melloni, the director of the Foundation for Religious Sciences John XXIII in Bologna, Italy, called Mr. Pompeo’s moves ‘a divisive operation targeted to the American electorate, not to the Holy See.’” Afterwards Pompeo, rejecting the suggestion that his speech was an attack on Pope Francis, said at a press conference, “I wrote that piece to honor the moral authority of the Catholic Church and its capacity to influence and make things better for people all across the world. They have historically stood with oppressed peoples all around the world. The piece was written and our policy has been all along to bring every actor who can benefit the people of China from — to take away the horrors of the authoritarian regime the Chinese Communist Party is inflicting on these people. That was our mission set, and it will remain our mission set. It’s been so long before the election; it will remain so after the election.”

This response was endorsed in a Wall Street Journal editorial with these words: “It is a welcome message from a U.S. Secretary of State, and the Vatican would do well to at least hear him out as it enters its latest negotiations with Beijing.”

All of this leaves this non-Catholic blogger from Minnesota bewildered. However, there should be more diplomatic ways to discuss and negotiate differences with the Holy See.

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[1] State Dep’t, Michael Pompeo Speech, Moral Witness and Religious Freedom (Sept. 30, 2020).

[2] In his 2019 speech at the Holy See, Pompeo said, “Because when the state rules absolutely, God becomes an absolute threat to authority.  That’s why Cuba cancelled National Catholic Youth Day back in August [of 2019].”  This statement was erroneous and misleading as discussed in a prior post. (Secretary of State Pompeo Delivers Speech at the Holy See, dwkcommentaries.com (Oct. 4, 2019).)  https://dwkcommentaries.com/2019/10/04/secretary-of-state-pompeo-delivers-speech-at-the-holy-see

[3] Pompeo, China’s Catholics and the Church’s Moral Witness, First Things (Sept. 18, 2020), https://www.firstthings.com/web-exclusives/2020/09/chinas-catholics-and-the-churchs-moral-witness; Pompeo, Tweet (Sept. 19, 2020), https://twitter.com/secpompeo/status/1307366983890018311?s=21.

[4] Horowitz & Jakes, Rebuffed by Vatican, Pompeo Assails China and Aligns With Pope’s Critics, N.Y. Times (Sept. 30, 2020), https://www.nytimes.com/2020/09/30/world/europe/pompeo-pope-francis-china.html; Winfield, Pompeo urges Vatican to condemn human rights abuses in China, Wash. Post (Sept. 30, 2020), https://www.wsj.com/articles/pompeo-and-the-pope-11601507813?mod=searchresults&page=1&pos=2; Morelio, Harlan & Shih, Pompeo and Vatican officials face off over negotiations with China, Wash. Post (Sept. 30, 2020), https://www.wsj.com/articles/pompeo-and-the-pope-11601507813?mod=searchresults&page=1&pos=2; Winfield, Pompeo, Vatican talk China after tensions spill out publicly, Wash. Post (Oct. 1, 2020), https://www.washingtonpost.com/politics/pompeo-meets-with-vatican-after-us-china-tensions-spill-over/2020/10/01/1d9b1c16-03d4-11eb-b92e-029676f9ebec_story.html.

 

U.S. Efforts To Prevent Global Atrocities   

On August 4, U.S. Secretary of State Michael Pompeo announced the State Department’s submission to Congress of the second annual report on U.S. efforts to prevent, mitigate and respond to global atrocities. According to his statement, the U.S. has “enhanced early warning, strengthened civil society and multilateral engagement, and increased the capacity of U.S. government personnel to coordinate, integrate, and institutionalize atrocity prevention across our foreign policy.”[1]

The Secretary said, “Preventing atrocities is critical to promote U.S. values, including respect for human rights, the sacred value of life, and fundamental freedoms. The 2017 U.S. National Security Strategy states, ‘No nation can unilaterally alleviate all human suffering, but just because we cannot help everyone does not mean that we should stop trying to help anyone.’ We will not ignore the suffering of those who experience atrocities. We will continue to promote accountability for perpetrators of genocide and other atrocities.”

Pompeo added, This work was advanced by the Atrocity Early Warning Task Force, “which includes representatives from the National Security Council; Departments of State, Defense, Homeland Security, Justice, and the Treasury; the United States Agency for International Development; and the Intelligence Community” and which “takes timely and effective action to assess and address atrocity risks.”

This report is mandated by the Elie Wiesel Genocide and Atrocities Prevention Act of 2018, which President Trump signed in January 2019 and which directs the State Department to provide additional training for Foreign Service Officers assigned to a country experiencing or at risk of mass atrocities, such as genocide or war crimes and for the President to submit annual reports to Congress on U.S. efforts to prevent mass atrocities.[2]

Weisel (1929-2016) was a Romanian-born Jewish prisoner at the Nazi’s Auschwitz and Buchenwald concentration camps, from which he was liberated in April 1945 by the U.S. Army. For the next 10 years, he lived in France where he became an author and journalist. In 1955 he moved to the U.S., where he wrote over 40 books, mostly non-fiction about the Holocaust and taught at Boston and Yale universities and Eckerd and Barnard colleges. In was awarded many honors, including the 1986 Nobel Peace Prize as a ”messenger to mankind . . . of peace, atonement and human dignity.”

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[1]  State Dep’t, Submission of the Second Congressional Report Pursuant to the Elie Weisel Genocide and Atrocities Prevention Act of 2018 (Aug. 4, 2020).

[2]  Elie Weisel Genocide and Atrocities Prevention Act of 2018, Public Law No. 115-441 (01/14/2019).

 

 

Evaluation of the Report of the U.S. Commission on Unalienable Rights and Its Endorsement by Secretary Pompeo  

The Draft Report of the U.S. Commission on Unalienable Rights and its immediate endorsement by Secretary Pompeo raise many issues.[1]

Here is an evaluation of three of those issues: (1)  property rights and religious freedom as the alleged paramount human rights; (2) the report’s skepticism of new and additional rights; and (3) Pompeo’s exceedingly hostile criticism of the New York Times’ “The 1619 Project.”

 Property Rights and Religious Freedom[2]

Looking at the Commission’s Report for the first time, I was shocked to read, “Foremost among the unalienable rights that government is established to secure, from the founders’ point of view, are property rights and religious liberty,” neither of which is specifically mentioned in the U.S. Declaration of Independence as an inalienable right. Moreover, the Report did not purport to document the bases for this conclusion other than inserting these unconvincing statements:

  • “For the founders, property refers not only to physical goods and the fruit of one’s labor but also encompasses life, liberty, and the pursuit of happiness. They assumed, following philosopher John Locke, that the protection of property rights benefits all by increasing the incentive for producing goods and delivering services desired by others.”
  • “‘The benefits of property rights, though, are not only pecuniary. Protection of property rights is also central to the effective exercise of positive rights and to the pursuit of happiness in family, community, and worship. Without the ability to maintain control over one’s labor, goods, land, home, and other material possessions, one can neither enjoy individual rights nor can society build a common life. Moreover, the choices we make about what and how to produce, exchange, distribute, and consume can be tightly bound up with the kinds of human beings we wish to become. Not least, the right of private property sustains a sphere generally off limits to government, a sphere in which individuals, their families, and the communities they form can pursue happiness in peace and prosperity.”

The Report then immediately and properly admits the inconsistency between the purported status of property rights as a “foremost inalienable right” and the existence of slavery when the Declaration of Independence was adopted in 1776.  Here is that admission: “The importance that the founders attached to private property only compounds the affront to unalienable rights involved at America’s founding in treating fellow human beings as property.”

In addition, the concept of property rights is not mentioned in the Report’s earlier assertions about the origins of the American concept of unalienable rights from three traditions: “Protestant Christianity, widely practiced by the citizenry at the time, was infused with the beautiful Biblical teachings that every human being is imbued with dignity and bears responsibilities toward fellow human beings, because each is made in the image of God. The civic republican ideal, rooted in classical Rome, stressed that freedom and equality under law depend on an ethical citizenry that embraces the obligations of self-government. And classical liberalism put at the front and center of politics the moral premise that human beings are by nature free and equal, which strengthened the political conviction that legitimate government derives from the consent of the governed.”

The shock of this designation of alleged “foremost” human rights makes one wonder whether it was a last-minute insertion, perhaps by Secretary Pompeo himself, who said in his speech immediately after the presentation of the Commission Report, ““The report emphasizes foremost among these rights are property rights and religious liberty. No one can enjoy the pursuit of happiness if you cannot own the fruits of your own labor, and no society – no society can retain its legitimacy or a virtuous character without religious freedom. (Emphasis added.)

Many commentators have attacked the contention that property rights and religious freedom were the “foremost” rights.

Daniel W. Drezner, a professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University, asserts that “there are obvious elements of liberty  . . that are disconnected from any conventional understanding of property rights concept. The First Amendment right to peaceably assemble, for example, seems like a core aspect of liberty and yet does not quite work as a property right per se.” In addition, when the Report refers to rights that are “fundamental” and “core concept” and “absolute or nearly so” rights, it refers to the right to vote, human dignity and the prohibition against genocide and makes no connection to property rights or religious rights.

Another critique came from Akila Radhakrishnan, the president of the Global Justice Center, an international human rights organization. He said, “You’re seeing the rise of autocrats across the world. You’re giving a gift to those people, and not only taking away U.S. leadership, but giving them and feeding them arguments they’ve long been making as well.”

U.S. Senator Bob Menendez (Dem., NJ), criticized Pompeo’s designation of property rights and religious liberty as “foremost” rights while other rights were less important. This argument, the Senator said, purports to justify “the  rollback of hard-won advances for the rights of women, girls, and LGBTQ persons” and “does not  call on the U.S. Government to champion greater protections for all human rights abroad, but may in fact narrow the scope of U.S. human rights obligations and further erode America’s moral and global leadership.”  This Report, therefore, “will undermine long-standing, internationally-recognized human rights principles and a human rights framework which prior U.S. presidents and administrations have championed for decades, regardless of party.”

The Report’s elevation of religious freedom presented problems to Rori Kramer, the director of U.S. advocacy for American Jewish World Service and a former deputy assistant secretary of state and a senior foreign policy adviser in the U.S. Senate.  This decision “purposefully [confuses] the individual freedom to worship with a state license to advance a particular religious agenda [and] is a gross misreading of the United States’ founding document.”

Kramer added, the Report and Pompeo do not reveal the promotion of Pompeo’s own religious agenda that  “downplays threats to the human rights of the world’s most vulnerable groups, such as women and LGBTQI+ people.” Indeed, Pompeo’s State Department already has removed “references to sexual and reproductive health from international resolutions and statements, as well as from the work of the department itself. And he has dramatically expanded the global gag rule, the draconian policy which prohibits foreign organizations receiving U.S. funding from providing any kind of information, referrals or services about abortion.”

Tarah Demant, director of the gender, sexuality and identity program at Amnesty International USA, said: “The US government cannot unilaterally redefine which human rights will be respected and which will be ignored. The U.S. State Department’s effort to cherry-pick rights in order to deny some their human rights is a dangerous political stunt that could spark a race to the bottom by human rights-abusing governments around the world.”

A more general critique of the idea of too many subgroups demanding rights came from Elisa Massimino, the 2019-2020 Robert F. Drinan, S.J., Chair in Human Rights at Georgetown University Law Center and a senior fellow at the Center for American Progress., and  Alexandra Schmitt, a policy analyst at the Center for American Progress. They say the UDHR’s preamble expressly recognizes the inherent dignity and of the equal and inalienable rights” of all humans and makes clear that all of them are interrelated and must be treated as indivisible in order to fulfill the promise of human dignity. It is a simple and radical document — a Magna Carta for all humankind.”

Therefore, Massimino and Schmitt say, “What the global human rights movement needs right now is for the United States to fully embrace the universality and indivisibility of human rights as set out in the Universal Declaration, provide a full-throated defense of human rights abroad and engage in an honest effort to address deep and persistent rights violations at home. It’s clear that Pompeo has no intention of leading such an effort; to the contrary, he is actively undermining it. To the extent that he tries to leverage the commission’s report as cover for his campaign to “prioritize” freedom of religion over other universal rights, American officials — and Congress, in particular — must be prepared to push back.”

Skepticism of Additional Rights[3]

The Report and Pompeo are skeptical of claims for additional rights, both domestically in U.S. law and in international treaties.

The Report puts it in this manner: “The effort to shut down legitimate debate by recasting contestable policy preferences as fixed and unquestionable human rights imperatives promotes intolerance, impedes reconciliation, devalues core rights, and denies rights in the name of rights. In sum, the [U.S.] should be open to, but cautious in, endorsing new claims of human rights.”  Who could be against caution?

Pompeo also was indirect. He said, “Our dedication to unalienable rights doesn’t mean we have the capacity to tackle all human rights violations everywhere and at all times. Indeed, our pursuit of justice may clash with hard political realities that thwart effective action.” And “Americans have . . . positive rights, rights granted by governments, courts, multilateral bodies. Many are worth defending in light of our founding; others aren’t. . . . Prioritizing which rights to defend is also hard.. That’s a lot of rights. And the proliferation of rights is part of the reason why this report is so important.”

In so doing, the Report and Pompeo forget or ignore the Declaration of Independence, which does not have the force of law and which  immediately after mentioning  “certain unalienable rights” (life, liberty and the pursuit of happiness) states, “to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” In other words, the U.S. Declaration expressly contemplates, if not requires, that the U.S. government under the subsequent U.S. Constitution, will enact statutes to secure these unalienable rights and thereby create additional rights.

The UDHR, which also does not have the force of law, has the same contemplation and requirement when in its Preamble, it states, “it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law” and in its Proclamation states, “every individual and every organ of society . . . shall strive . . . by progressive measures, national and international, to secure their universal and effective recognition  and observance.” In other words, the UDHR expressly contemplates, if not requires, that individual governments and international organizations will adopt subsequent statues and treaties to secure the rights  of the UDHR.

The Report nevertheless favorably and correctly refers to the many “positive rights,” which “are created by, and can only exist in, civil society. Positive rights owe their existence to custom, tradition, and to positive law, which is the law created by human beings” and which “may evolve over centuries, may be legislated at a distinct moment, and may be revised or repealed.”

The Report emphasized this fact by quoting James Madison’s June 1789 speech to Congress in favor of a Bill of Rights [which was adopted in 1791). He stressed that despite different origins , “freedom is a function of positive rights elaborated in various legal codes as well as rights that belong to all human beings.” The Report also mentions that “American legislatures in the late 19th and early 20th centuries . . . began to enact protections for workers that were framed in the language of rights . . . . that entail difficult judgments about the allocation of material resources . . .[and that primarily are the tasks for legislatures.]”

Time has not stood still since 1776 when the U.S. Declaration was adopted or 1789 when the U.S. Constitution was ratified and the U.S. Government was established. The same is true with respect to the international organizations and treaties established after the adoption of the UDHR in 1948. Therefore, it is not surprising to have additional rights created over time in statutes and treaties.

Fourth, numerous commentators have criticized the Report and Pompeo on this issue.

As Molly Bangs in Truthout notes, the Report does not endorse protections against discrimination on the basis of gender, race or sexual orientation and instead asserts that “abortion, affirmative action, and same-sex marriage [are] divisive social and political controversies in the [U.S.]” This is “a signal of how the Commission and Pompeo intend to weaponize religious freedom at the expense of other human rights.”

A similar criticism came from Amnesty International, saying, the U.S. “has disgracefully sought to abandon its obligations to uphold the human rights to health and freedom from discrimination, among others. The US government is not legally allowed to unilaterally redefine its obligations under international human rights treaties, which almost all countries in the world have agreed to uphold.” According to Amnesty, the U.S. “now is seeking to deny reproductive rights, LGBTI rights and socio-economic rights, among others – which it frames as ‘divisive social and political controversies’ – by unilaterally redefining what ‘human rights’ mean.”

The Council on Foreign Relations’ Senior Fellow on Global Governance, Stewart M. Patrick, said Pompeo’s ideas, “if successful, would undermine the cause of freedom, equality and justice, both at home and abroad.” Indeed, the Report “reflects a conservative desire to roll back recent progressive advances” and it alleges, without any evidence, that “the prodigious expansion of human rights has weakened rather than strengthened the claims of human rights and left the most disadvantaged more vulnerable.” Stewart also points out the Report’s “utter disconnect from the Trump administration’s hypocritical human rights policy,” including  “the president’s curious affinity for illiberal leaders ranging from Russia’s Vladimir Putin and China’s Xi Jinping, to Turkey’s Recep Tayyip Erdogan, Saudi Arabia’s Mohammed bin Salman, the Philippines’ Rodrigo Duterte and Brazil’s Jair Bolsonar.”

Human Rights Watch had similar thoughts. While the Report expresses “concern” about a “proliferation” of human rights claims, it should have focused more on “the growing number of autocratic, authoritarian governments that brazenly cast them aside.” Therefore, this organization has submitted a formal comment to the Commission before it revises, if at all, the draft Report.

The most strident critique of the Report comes from Robert Blitt, a professor at the University of Tennessee College of Law, who says it “will only strengthen the Kremlin’s longstanding effort to undercut the international human rights system.” While the U.S.recently resigned from the U.N. Human Rights Council, Russia is campaigning for a seat on that body by promising to prevent the use of human rights issues as pretexts for interference in the internal affairs of sovereign states.

Criticism of the 1619 Project[4]

In his speech commending the Commission Report, Pompeo said, “The New York Times’s 1619 Project – so named for the year that the first slaves were transported to America – wants you to believe that our country was founded for human bondage, that America’s institutions continue to reflect the country’s acceptance of slavery at our founding. . . [and] that Marxist ideology [correctly says] America is only the oppressors and the oppressed. [This 1619 Project] is a slander on our great people. Nothing could be further from the truth of our founding and the rights about which this report speaks.”[5]

Yes, the 1619 Project sets forth important and troubling facts about the introduction of slavery into the American colonies in 1619 that are not well known or taught, that should be known by all Americans and that should not be met with Pompeo’s unjustified ad homonyms of “Marxist ideology” and “a slander on our great people.”

The Times’ introduction of this project stated its goal was “to reframe American history by considering . . .  1619 as our nation’s birth year . . . when a ship arrived  . . . in the British colony of Virginia , bearing a cargo of 20 to 30 enslaved Africans [and inaugurating] a barbaric system of chattel slavery that would last for the next 250 years. . . . Out of slavery—and the anti-black racism it required –grew nearly everything that has truly made America exceptional: its economic might, its industrial power, its electoral system, diet and popular music, the inequities of its public health and education, its astonishing penchant for violence, its income inequality, the example it sets for the world as a land of freedom and equality, its slang, its legal system and the endemic fears and hatreds that continue to plague it to this day.”

More details of this early history were provided in The 1619 Project by Nikole Hannah-Jones, a MacArthur “Genius” fellow and a Times staff writer, who authored “The Idea of America.” Here are a few of those details:

  • “Before the abolishment of the international slave trade, 400,000 enslaved Africans would be sold into America.”
  • “Chattel slavery . . . was heritable and permanent, . . ., meaning generations of black people were born into it and passed their enslaved status onto their children. Enslaved people were not recognized as human beings but as property that could be mortgaged, traded, bought, sold, used as collateral, given as a gift and disposed of violently.”
  • “Enslaved people could not legally marry. They were barred from learning to read and restricted from meeting privately in groups. They had no claim to their own children, who could be bought, sold and traded away from them on auction blocks. Enslavers and the courts did not honor kinship ties to mothers, siblings, cousins.”
  • “In most courts, they had no legal standing.”
  • “One of the primary reasons the colonists decided to declare their independence from Britain was because they wanted to protect the institution of slavery.”
  • Although the Declaration of Independence, did not apply to them, “black Americans believed fervently in the American creed” and “through centuries of black resistance and protest, we have helped the country to live up to its founding ideals.”
  • Six of the U.S. Constitution’s 84 clauses deal directly with the enslaved and their enslavement and another five clauses have implications for slavery.
  • Through their labor, they helped build “vast fortunes for white people North and South.”

Although the Commission Report does not mention these facts about 1619 and slavery, it does confess the evils of slavery in America:

  • “Respect for unalienable rights requires forthright acknowledgement of not only where the United States has fallen short of its principles but also special recognition of the sin of slavery — an institution as old as human civilization and our nation’s deepest violation of unalienable rights. The legally protected and institutionally entrenched slavery that disfigured the United States at its birth reduced fellow human beings to property to be bought, sold, and used as a means for their owners’ benefit. Many slave-owning founders, not least Thomas Jefferson, recognized that in the light of unalienable rights, slavery could only be seen as a cruel and indefensible institution. In contemplating slavery in his Notes on the State of Virginia, he wrote, “I tremble for my country when I reflect that God is just.” Nevertheless, it would take a grievous civil war, costing more American lives by far than any other conflict in the nation’s history, to enable the federal government to declare slavery unlawful. It would take another century of struggle to incorporate into the laws of the land protections to guarantee African Americans their civil and political rights. Our nation still works to secure, in its laws and culture, the respect for all persons our founding convictions require.” (Emphasis added.)

Even today, the Report admits, “the nation must be humble in light of the work that remains to be done.”  The Report also confesses, “the brutal killing of an African-American man [George Floyd] in the late spring of 2020 and the subsequent civic unrest that swept the country underscore that much still must be accomplished.”

But the Report does not trace the history of slavery in America back to its founding in 1619 or admit that for the first 157 years of that history African-American slaves had no legal basis to challenge their being held in slavery. The Report only indirectly alleges that after 1776 the slaves had an inchoate right to argue that the unalienable rights mentioned in the U.S. Declaration of Independence were contrary to slavery, but admits that it was only after the bloody Civil War and the 1865 adoption of the Thirteenth Amendment that slavery was legally abolished. The Report also admits that even that was not enough to abolish the discrimination against African-Americans with the subsequent Jim Crow laws, lynching and other discriminations.

The Times’ initial publication of the 1619 Project in August 2019 has many articles and has prompted publication of many other articles on this subject. Perhaps there are errors of fact or interpretation in these many articles, but the appropriate way to counter such errors is by dispassionate fact-based scholarly articles and books, not by wild-eyed accusations of Marxism and slander. Take note, Secretary Pompeo.

In direct response to Pompeo’s criticism of the 1619 Project, Eileen Murphy of the Times said, ““The 1619 Project, based on decades of recent historical scholarship that has deepened our understanding of the country’s founding, is one of the most impactful works of journalism published last year. We’re proud that it continues to spark a dialogue that allows us to re-examine our assumptions about the past.”

Pompeo’s Political Motives for the Report[6]

Pompeo, a former Kansas GOP congressman, is known to be eyeing a potential future presidential run, and his critics immediately pointed out that the speech endorsing the Commission report had plenty of fodder for the electoral base of the Republican Party, including the media-bashing.

There was additional fodder for that possible presidential run the very next day when Pompeo and his wife went to Iowa (an important presidential nominating state) for a speech (reprinted on the State Department website) before a gathering of a conservative Christian group opposed to divorce, abortion and other sexual orientations. There Pompeo bragged that under his leadership the State Department has a “pro-religious freedom foreign policy . . . . [and] a 100 percent pro-life foreign policy. Our administration has defended the rights of unborn like no other administration in history. Abortion quite simply isn’t a human right. . . . So we’ve reinstated the Mexico City Policy, so that not a single dime of American taxpayer money will ever go to a foreign NGO that performs active abortions anywhere in the world. In the fall of last year. . . we mobilized 20 countries to deliver a joint statement at the UN criticizing pro-abortion language in UN documents.”[7]

Conclusion

The Commission invited comments through July 30/31 on their draft report, and its website has so far posted 133 pages of such comments, which will be discussed in a future post. Thus, we and others need to wait to see if any of these comments prompt changes to the report.[8]

==========================

[1] See U.S. Commission on Unalienable Rights Report, dwkcommentaries.com (July 27, 2020); Secretary Pompeo’s Reactions to U.S. Commission on Unalienable Rights’ Report, dwkcommentaries.com (July 29, 2020).

[2] Verma, Pompeo Says Human Rights Policy Must Prioritize Property Rights and Religion, N.Y. Times (July 16, 2020); Toosi, Pompeo rolls out a selective vision of human rights, Politico.com (July 16, 2020); Borger, Pompeo claims private property and religious freedom are ‘foremost’ human rights, Guardian (July 16, 2020); Massimino & Schmitt, Pompeo’s new commission undermines universal human rights—just as planned, Wash, Post (July 17, 2020); Drezner, Let’s grade the Commission on Unalienable Rights!, Wash. Post (July 20, 2020); Senator Menendez, Menendez on Trump Administration’s Launch of Controversial Commission on Unalienable Rights’ Report (July 16, 2020).

[3] Bangs, Pompeo’s Commission on “Unalienable Rights” Prioritizes Property Over People, truthout.org (July 28, 2020); Amnesty Int’l, USA: State Department’s flawed ‘unalienable rights’ report undermines international law, amnesty.org (July 16, 2020); Rubin, The Trump administration rejects human rights principles at home and aboard, Philadelphia Inquirer (July 21, 2020); Patrick, U.S. Effort to ‘Nationalize’ Human rights Undermines Them at Home and Aboard, World Policy Review (July 27, 2020); Thoreson, US Should Focus on Rights for All, Not Rights for Some, Human Rights Watch (July 30, 2020); Human Rights Watch, Comment [on Draft Report] to Commission on Unalienable Rights (July 2020); Blitt, To Russia, With Love, Jurist (July 30, 2020).

[4] Silverstein, Introduction to 1619 Project, N.Y. Times Magazine (pp. 4-5)  (Aug. 18, 2019); “The 1619 Project” Commemorates the Arrival of Slavery in the U.S., dwkcommentaries.com (Oct. 20, 2019); Hannah-Jones, The Idea of America, N.Y. Times Magazine (pp. 14-26) (Aug. 18, 2019); We Respond to the Historians Who Critiqued The 1619 Project, N.Y. Times (Dec. 20, 2020); List of Times’ references to “1619 Project” , N.Y. Times (as of 8/2/20).

[5] Pompeo’s attack on The 1619 Project may have been precipitated or suggested by U.S. Senator Tom Cotton (Rep., AR), who has been engaged in a feud with the New York Times over its controversial publishing of his op-ed  about the use of U.S. military troops in cases of insurrection or obstruction of the laws in U.S. cities. (Tom Cotton: Send in the Troops, N.Y. Times (June 3, 2020).) One week after publication of the Commission Report, a Cotton press release said, “The . . . 1619 Project is a racially divisive, revisionist account of history that denies the noble principles of freedom and equality on which the nation was founded” as the purported justification for his introducing the Saving American History Act of 2020 to prohibit the use of federal funds to teach the 1619 Project by K-12 schools. (Cotton, Press Release: Cotton Bill to Defund 1619 Curriculum (July 23, 2020).) Soon thereafter Cotton in an interview by an Arkansas newspaper said, “As the Founding Fathers said, [slavery] was the necessary evil upon which the union was built.” (Reuters, Republican Senator Cotton Criticized for “Necessary Evil” Slavery Comment, N.Y. Times (July 27, 2020).)

[6] State Dep’t, Pompeo Speech: My Faith, My Work, My Country (July 17, 2020); Secretary Pompeo’s Reactions to the Commission on Unalienable Rights’ Report, dwkcommentaries.com (July 29, 2020).

[7] See U.S. at U.N. Global Call To Protect Religious Freedom, dwkcommentaries.com (Sept. 24, 2019); U.S. Opposition to “Abortion” and “Sexual and Reproductive Health and Rights” at U.N. High-Level Meeting, dwkcommentaries.com (Sept. 25, 2019).

[8] State Dep’t, Draft Report of the Commission on Unalienable Rights: Public Comments.

 

Request for U.S. Records in Salvadoran Trial Over 1981 El Mozote Massacre

On December 10-12,1981, during the Salvadoran Civil War, 978 men, women and children were massacred in the country’s northeastern village of El Mozote, the largest mass killing in Latin America’s modern history. Of those victims, 447 were age 12 and under while 4 were unborn infants in their mothers’ wombs.[1]

Eventually it had become clear that  “the Salvadoran military’s Atlacatl Battalion was responsible for the massacre. But details were vague. The commanders of the Battalion remained free. So do the former senior defense officials who allegedly issued orders to the battalion. In the 1990s, the country approved an amnesty that protected war criminals. That law was declared unconstitutional in 2016 by a Salvadoran court, thereby clearing the way for reopening a Salvadoran criminal trial over this massacre.

Early Stages of Salvadoran Trial Over the Massacre[2]

Since that year (2016) a Salvadoran court has been conducting a trial of 16 former Salvadoran military commanders, including a former minister of defense, over this massacre. They are charged with murder, torture, aggravated rape, forced disappearances, forced displacement, acts of terrorism, illegal detention, theft and damages. The evidence implicated the involvement of the Atlacatl Battalion, which had been U.S.-trained, in contradiction of the original Salvadoran and American accounts of the massacre.

U.S. Congressional Decision To Help Salvadoran Trial[3]

In 2019 in establishing the annual budget for international aid, the Congress directed the U.S. Government to cooperate with El Salvador’s investigation of the El Mozote massacre in the following language:

  • “The [House] Committee [on Appropriations] directs the Secretary of State to work with the relevant federal departments and agencies to, as appropriate, assist the judicial authorities of El Salvador in the investigation and prosecution of those responsible for the El Mozote massacre. [This includes] the identification of and provision of related documents, correspondence, reproductions of Salvadoran documents, and other similar materials from January 1981 to January 1983.”
  • The Senate version stated, “The Secretary of State… shall encourage the Salvadoran Armed Forces to cooperate with prosecutors and investigators, including providing access to archival documents.” The bill also included a mandate for the Department of State to update its report on the current status of the Salvadoran trial.

In response to the Senate’s direction, the State Department on February 5, 2020, sent a letter to the Vice Chairman of the Senate Committee, Senator Patrick Leahy, with a report on the Salvadoran government’s cooperation with the court’s investigation.[4]

Recent Developments in Salvadoran Case[5]

In January 2020, a retired Salvadoran air force general, Juan Rafael Bustillo, testified in the trial that that the Atlacatl Battalion had carried out the massacre, which was the first time a Salvadoran military official had admitted such responsibility. He said he had not taken part in this event, but that it had been conducted on orders by Colonel Domingo Monterrosa, the commander of that Battalion who died in a 1984 helicopter accident.

After that testimony, the Salvadoran judge, Jorge Guzman Urquilla, concluded that the court did not have an important set of evidence: “U.S. documents that might shed light on how the massacre was planned and executed.”

 Salvadoran Judge’s Letter to U.S.Government[6]

As a result, the judge on January 27, 2020, sent a letter to  U.S. Secretary of State Michael Pompeo with copies to Defense Secretary Mark Esper, the Director of the Defense Intelligence Agency (DIA) Robert P. Ashley, Jr. and CIA Director Gina Haspel. The judge’s letter requested “at minimum, any document in the possession of the Department of Defense, the Defense Intelligence Agency (DIA), the Central Intelligence Agency (CIA), and other defense or intelligence agencies” relating to the El Mazote massacre. The letter stated the following:

  • “I recognize and am thankful for Congress’ initiative in asking the State Department to look into information that the United States may have on this case. As a judge, I would hope that it would provide me with greater certainty and clarity on these heinous acts that are now part of our country’s history, something we are not proud of, but which the historical record will demand we adjudicate.”
  • “The El Mozote trial is nearing the end of its investigative phase and will soon move to sentencing. Though some expert military testimony is forthcoming, the main phases of the examination portion have been completed. Service members, including several soldiers and a general, have given their accounts of the relevant events, confirming that the massacre took place as well as the role played by various units of the [Salvadoran] Armed Forces. A lack of documents is the last big hurdle. Despite [Salvadoran] President Nayib Bukele’s assurances that he will collaborate, the [Salvadoran] Army has stuck to the position it’s taken since the investigation began in the 1990s: that no relevant documents exist.”
  • “Even if they no longer can be found in El Salvador, it’s still possible that there are copies or records of these files in the United States, a country that was closely involved with and aware of the [Salvadoran] Army’s operations in the 80s as part of its foreign policy agenda.” Though a good deal of documents were already declassified [by President Bill Clinton in 1983], the letter also asked for “any other document that was not declassified by President William Jefferson Clinton or subsequent presidents.”
  • The letter also asked for “any other document that was not declassified by President William Jefferson Clinton or subsequent presidents” and for files on “the operations of the Armed Forces of El Salvador in the Morazán area, including any information on military planning, operational planning, and war planning, and involving any of the military units that I have mentioned,” between 1981 and 1983.
  • The letter specifically solicited information on General José Guillermo García, General Rafael Flores Lima, and 14 others who were charged and remain alive; on Colonel Domingo Monterrosa, Mayor Armando Azmitia, and 14 others who were charged and are now dead; on the municipality of Arambala and the seven sites where the massacre took place; and on the four military units being held responsible: the Atlacatl Battalion, the Third Infantry Brigade of San Miguel, the Fourth Military Detachment in San Francisco Gotera, and the High Command of the Armed Forces.
  • The letter emphasized the need to “move forward with this case in an expeditious manner” and asks Pompeo for a response “within the period of time set forth by the law.”

A journalist for elfaro, a Salvadoran online newspaper, apparently added, “Among the [U.S.] files declassified in 1993, for example, are several diplomatic cables between San Salvador and Washington from January 1981, which make clear that then-U.S. Ambassador Deane Hinton was consistently transmitting details about the operation that would ultimately result in the massacre. ‘[I]t is not possible to prove or disprove excesses of violence against the civilian population of El Mozote. It is certain that the guerrilla forces…did nothing to remove them from the path of battle… Civilians did die during Operation Rescate, but no evidence could be found to confirm that government forces systematically massacred civilians in the operation zone, nor that the number of civilians killed even remotely approached the number being cited in other reports circulating internationally,’ read an initial cable from Hinton, from January 1981.”

The elfaro journalist also said, “Later, in another communication, [Hinton] . . .  offered a different account of what may have taken place: ‘The estimated population of El Mozote during the massacre was about 300 inhabitants. The Atlacatl Battalion conducted Operation Rescate from December 6 to 17 of 1981. The guerrilla knew of the operation since November 15. The civilians present during the operation and the battles with the guerrilla may have been killed.’” Following Clinton’s declassifications, several agencies have continued providing documents in response to petitions from human rights organizations.

Additional support for U.S. production of such documents comes from an analyst for the U.S. National Security Archive, Kate Doyle, who believes the U.S. has additional relevant documents about the Salvadoran civil war that could and should be declassified.[7]

U.S. Government’s Response to the Judge’s Letter

To date, Secretary Pompeo has not responded to the court’s letter; nor have the three others copied on that letter. The subject came up again at a March 11th Salvadoran court hearing in the case when the judge said, ““This information could be very valuable to us. It could clarify what happened.” A State Department spokesman, however, said, “We do not comment on the Secretary’s correspondence.”

Conclusion

 Given the congressional demand that the U.S. cooperate with the Salvadoran investigation of the El Mozote massacre and the U.S. support of human rights by its recent publication of the  latest annual report about human rights in every country in the world and Secretary Pompeo’s proud creation of the Commission on Unalienable Rights, there is no excuse for any further delay in providing an affirmative response to the Salvadoran judge’s letter and the requested documents.

This conclusion is buttressed by the following words in the March 11, 2020, State Department’s report about human rights in El Salvador:[8]

  • “In February [2019], in a renewed effort to shield the perpetrators of war crimes and human rights abuses committed during the country’s 1980-92 civil war, a group of influential legislators proposed a draft national reconciliation law. Despite Constitutional Court rulings in 2016 and 2018 that expressly prohibited a broad and unconditional amnesty, the proposed bill would have granted amnesty to several high-level officials who enjoyed immunity from prosecution due to their positions in the recent administration of President Salvador Sanchez Ceren. Victims’ rights groups, other civil society actors, and the international community successfully campaigned against the proposed bill, and President-elect Bukele stated his strong opposition to an amnesty bill and expressed his support for additional consultation with victims. On May 29, [2019] the Inter-American Court of Human Rights ordered the government to immediately suspend consideration of the proposed law. The proposed bill eventually lost support among legislators and failed to reach a floor vote.” (Section 2.E)
  • “Despite a June 2018 Constitutional Court order directing it to release military records related to the El Mozote killings and serious civil war crimes, the Ministry of Defense had not produced the requested documentation as of November 12 [2019]. On November 1, President Bukele stated that he was committed to the truth and that he would release the records. Previously, the Ministry of Defense claimed the El Mozote archive records were destroyed in an accidental warehouse fire. Civil society and victims’ groups continued to press for release of these archives.” (Section 2.E)
  • “On April 23, [2019] the judge in the El Mozote prosecution issued an order adding three new charges against the 16 remaining defendants: Torture, forced disappearance, and forced displacement. He also imposed several provisional measures on the defendants, including a prohibition on leaving the country or contacting victims, and a requirement that the defendants physically appear in court biweekly. The defendants appealed these rulings, which were affirmed by an intermediate appellate court. On February 14, [2019] the Legislative Assembly approved a transitory law establishing mechanisms designed to allow family members to be added to the El Mozote victims’ registry.” (Section 2.E)

=================================

[1] See generally list of posts in the “El Mozote Massacre” section of List of Posts to dwkcommentaries—Topical: EL SALVADORThe massacre of children and others at El Mozote, El Salvador Perspectives (Dec. 10, 2017); Posts about El Mozote. El Salvador Perspectives.

[2] Zabiah, El Mozote judge asks the United States for confidential documents on the massacre, elfaro (Mar. 5, 2020) (Zabiah #1).

[3] Zabiah # 1, supra; H. Rep., 116th Congress, 1st Sess., Rep. 116-78, State, Foreign Operations, and Related Programs Appropriations Bill, 2020 (May 20, 2019); H. Rep., Appropriations Committee Releases Fiscal Year 2020 State and Foreign Operations Funding Bill (May 5, 2019); H. Rep. Comm. on Appropriations. Public Witness Hearing: State, Foreign Operations, and Related Programs (Mar. 12, 2019).

[4] Letter, State Dep’t to Senator Leahy (enclosing three-page report) (Feb. 5, 2020)(hyperlinked to Zabiah #1, supra).

[5] Zabiah #1, supra; Zabiah, General Bustillo breaks the officers’ script and admits that ‘rudeness’ occurred in El Mozote, elfaro (Jan. 26, 2020); Schwartz, What the El Mozote Massacre Can Teach Us About Trump’s War on the Press, The Intercept (Jan. 28, 2020); El Salvador general admits army carried out El Mozote massacre, Aljazeera (Jan. 25, 2020); Pierce, It’s a Bull Market for Bashing the Press. Under Conservative Governments, It Often Has Been, Esquire (Jan.27, 2020); Renteria, Salvadoran general admits army carried out infamous 1981 massacre, Reuters (Jan. 24, 2020).

[6] Zabiah #1 , supra.

[7] Alvarado, “The attorney general can ask the United States for information about El Mazote,” elfaro (Mar. 23, 2018).

[8] State Dep’t, 2019 Country Reports on Human Rights Practices: El Salvador (Mar. 11, 2020).

U.S. State Department Reiterates Criticism of Cuba’s Human Rights

On March 11, the U.S. State Department released its latest annual report on human rights around the world and repeated its criticisms of Cuba on this subject.

Secretary Pompeo’s Introduction of the Report[1]

The Secretary used these words to announce the release of the report:  “As our founding documents remind us, nothing is more fundamental to our national identity than our belief in the rights and dignity of every single human being.  It’s in our Declaration of Independence.”  With the U.S. Declaration of Independence of 1776 as its foundation, “The State Department’s Commission on Unalienable Rights is exploring the deep roots of America’s foundational belief in these ideals, and I look forward to receiving the commission’s work sometime around the Fourth of July of this year, a fitting time.” (Emphasis added.)

The Secretary then shifted to highlighting the report’s discussion of “human rights abuses . . . that are happening in China, Iran, Venezuela, and in Cuba.” His comments on Cuba focused entirely on the situation of Cuban dissident José Daniel Ferrer, which will be covered in a subsequent post.

The Executive Summary of the Report on Cuba[2]

 “Cuba is an authoritarian state led by Miguel Diaz-Canel, president of the republic, with former president Raul Castro serving as the first secretary of the Cuban Communist Party (CCP). Despite ratifying a new constitution on February 24, Cuba remains a one-party system in which the constitution states the CCP is the only legal political party and the highest political entity of the state.”

“The Ministry of Interior exercises control over the police, internal security forces, and the prison system. The ministry’s National Revolutionary Police is the primary law enforcement organization. Specialized units of the ministry’s state security branch are responsible for monitoring, infiltrating, and suppressing independent political activity. The national leadership, including members of the military, maintained effective control over the security forces.”

“Significant human rights issues included: reports of abuse of political dissidents, detainees, and prisoners by security forces; harsh and life-threatening prison conditions; arbitrary arrests and detentions; significant problems with the independence of the judiciary; political prisoners; and arbitrary or unlawful interference with privacy. The government severely restricted freedom of the press, used criminal libel laws against persons critical of leadership, and engaged in censorship and site blocking. 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; restrictions on internal and external freedom of movement and severe restrictions of religious freedom. Political participation was restricted to members of the ruling party, and elections were not free and fair. There was official corruption, trafficking in persons, outlawing of independent trade unions, and compulsory labor.”

“On February 24, the country adopted a new constitution in a coerced referendum marred by violent government repression against those that opposed the proposed constitution. On February 12, for example, 200 police and security agents raided the homes of leaders of the Patriotic Union of Cuba (UNPACU) [which is headed by José Daniel Ferrer] for openly campaigning against the draft constitution, detaining and reportedly beating UNPACU members. Other opponents reported that the government had blocked their email and texts to keep them from disseminating opposition campaign materials. Article 5 of the constitution enshrines one-party rule by the CCP, disallowing for additional political expression outside of that structure. Although the new constitution adds explicit protections of freedom and human rights, including habeas corpus, authorities did not respect them, nor did the courts enforce them.”

“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.”

Some Negative Details of the Report

Disappearance (Section 1.B): “There were confirmed reports of long-term disappearances by or on behalf of government authorities. There were multiple reports of detained activists whose whereabouts were unknown for days or weeks because the government did not register these detentions; many detentions occurred in unregistered sites.”

Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (Section 1.C):

  • “There were reports that members of the security forces intimidated and physically assaulted human rights and prodemocracy advocates, political dissidents, and other detainees and prisoners during detention and imprisonment, and that they did so with impunity. Some detainees and prisoners also endured physical abuse by prison officials or by other inmates with the acquiescence of guards.”
  • “There were reports police assaulted detainees or were complicit in public harassment of and physical assaults on peaceful demonstrators.”
  • “State security officials frequently deployed to countries such as Venezuela and Nicaragua, where they trained and supported other organizations in their use of repressive tactics and human rights abuses, and sometimes participated in them directly.”
  • “Prison conditions continued to be harsh and life threatening. Prisons were overcrowded, and facilities, sanitation, and medical care were deficient. There were reports that prison officials assaulted prisoners.”
  • “The government subjected prisoners who criticized the government or engaged in hunger strikes and other forms of protest to extended solitary confinement, assaults, restrictions on family visits, and denial of medical care.”
  • “The government did not permit monitoring of prison conditions by independent international or domestic human rights groups and did not permit access to detainees by international humanitarian organizations.”

Arbitrary Arrest or Detention (Section 1.D):

  • “Arbitrary arrests and short-term detentions increased, becoming a routine government method for controlling independent public expression and political activity.”
  • Authorities “routinely ignored” the requirement to “furnish suspects a signed ‘report of detention,’ noting the basis, date, and location of any detention in a police facility and a registry of personal items seized during a police search.”
  • “Police used laws against public disorder, contempt, lack of respect, aggression, and failure to pay minimal or arbitrary fines as ways to detain, threaten, and arrest civil society activists. Police officials routinely conducted short-term detentions, at times assaulting detainees.”
  • “The law allows for ‘preventive detention’ for up to four years of individuals not charged with an actual crime, based on a subjective determination of “precriminal dangerousness,” which is defined as the ‘special proclivity of a person to commit crimes, demonstrated by conduct in manifest contradiction of socialist norms,’ which is sometimes used “to silence peaceful political opponents.”
  • “There were reports that defendants met with their attorneys for the first time only minutes before their trials and were not informed of the basis for their arrest within the required 168-hour period;” that bail “typically [was] not granted to those arrested for political activities;” that “police and security forces at times relied on aggressive and physically abusive tactics, threats, and harassment during questioning;” that “authorities may detain a person without charge indefinitely;” that officials often detain “suspects longer than the legally mandated period without informing them of the nature of the arrest, allowing them to contact family members, or affording them legal counsel;” that the “government [often] held detainees for months or years in investigative detention, in both political and nonpolitical cases.”

Denial of Fair Public Trial (Section 1.E):

  • “[P]olitically motivated trials were at times held in secret, with authorities citing exceptions for crimes involving ‘state security’ or ‘extraordinary circumstances.’”
  • “[C]ourts regularly failed to protect or observe these [due process] rights. The law presumes defendants to be innocent until proven guilty, but authorities often ignored this, placing the burden on defendants to prove innocence.”
  • “Criteria for admitting evidence were arbitrary and discriminatory.” In cases involving “‘crimes against the security of the state,’ defense attorneys were not allowed access until charges were filed.”
  • For charges of ‘precriminal dangerousness,’ “the state must show only that the defendant has “proclivity” for crime, so an actual criminal act need not have occurred.”
  • “The government continued to hold political prisoners and detainees but denied it did so and refused access to its prisons and detention centers by international humanitarian organizations and the United Nations.”
  • There are “political prisoners,’ but details are difficult to obtain.
  • “No courts allowed claimants to bring lawsuits seeking remedies for human rights violations.”

Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence (Section 1.E): 

  • “Reportedly government officials routinely and systematically monitored correspondence and communications between citizens, tracked their movements, and entered homes without legal authority and with impunity.”
  • “Covert techniques to obtain information . . . . included information gathering by undercover officers, voice recording, location monitoring, filming, communications intercepts, and surreptitious access to computer systems.”
  • “The Ministry of Interior employed a system of informants and neighborhood committees, known as “Committees for the Defense of the Revolution,” to monitor government opponents and report on their activities.”

Freedom of Expression, Including for the Press” (Section 2.A):

  • “Laws banning criticism of government leaders and distribution of antigovernment propaganda carry penalties ranging from three months to 15 years in prison.”
  • “The government did not tolerate public criticism of government officials or programs and limited public debate of issues considered politically sensitive.”
  • “[S]ome religious groups reported increased restrictions to express their opinions during sermons and at religious gatherings.”
  • “The government directly owned all print and broadcast media outlets and all widely available sources of information.”
  • “The government harassed and threatened any independent citizen journalists who reported on human rights violations in the country.”
  • “The law prohibits distribution of printed materials considered ‘counterrevolutionary’ or critical of the government.”
  • “The government used a combination of website blocking, pressure on website operators, arrests, intimidation, imprisonment, and extralegal surveillance to censor information critical to the regime and to silence its critics.”
  • “The government restricted academic freedom and controlled the curricula at all schools and universities, emphasizing the importance of reinforcing ‘revolutionary ideology’ and ‘discipline.’”

Freedoms of Peaceful Assembly and Association (Section 2.B):

  • The constitutional “limited right of assembly . . . is subject to the requirement that it may not be ‘exercised against the existence and objectives of the socialist state.’ The law requires citizens to request authorization for organized meetings of three or more persons.”
  • “Independent activists, as well as political parties other than the CCP, faced greater obstacles, and state security forces often suppressed attempts to assemble, even for gatherings in private dwellings and in small numbers. The government refused to allow independent demonstrators or public meetings by human rights groups or any others critical of any government activity.”
  • “The government, using undercover police and Ministry of Interior agents, organized “acts of repudiation” in the form of mobs organized to assault and disperse those who assembled peacefully.”
  • “The government routinely denied citizens freedom of association and did not recognize independent associations. The law proscribes any political organization not officially recognized. A number of independent organizations, including opposition political parties and professional associations, operated as NGOs without legal recognition, and police sometimes raided their meetings.”
  • “The government routinely denied citizens freedom of association and did not recognize independent associations. The law proscribes any political organization not officially recognized. A number of independent organizations, including opposition political parties and professional associations, operated as NGOs without legal recognition, and police sometimes raided their meetings.”

Freedom of Movement (Section 2.D):

  • “There continued to be restrictions on freedom of movement within the country, foreign travel, and migration with the right of return.”
  • “The government also barred citizens and persons of Cuban descent living abroad from entering the country, apparently on grounds that they were critical of the government or for having “abandoned” postings abroad.”

Protection of Refugees (Section 2.F): “Cuba is not a signatory to the 1951 Refugee Convention [Treaty].”

Freedom to Participate in the Political Process (Section 3):

  • “[C]itizens do not have the ability to form political parties or choose their government through the right to vote in free and fair elections or run as candidates from political parties other than the CCP. The government forcefully and consistently retaliated against those who sought peaceful political change.”
  • “The new constitution includes many sections that restrict citizens’ ability to participate fully in political processes by deeming the CCP as the state’s only legal political party and the ‘superior driving force of the society and the state.’”

Corruption and Lack of Transparency in Government (Section 4): The government did not effectively enforce the law against corruption.

Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights (Section 5):

  • “The government subjected domestic human rights advocates to intimidation, harassment, periodic short-term detention, and long-term imprisonment on questionable charges.”
  • “The government refused to recognize or meet with any unauthorized NGOs that monitored or promoted human rights.”
  • “The government continued to deny international human rights organizations, including the United Nations, its affiliated organizations, and the International Committee of the Red Cross, access to prisoners and detainees.”

Discrimination, Societal Abuses, and Trafficking in Persons (Section 6):

  • “The government specifically targeted activists organizing a campaign called Women United for Our Rights that asked the state to update data on crimes against women, train officials to handle crimes against women, and define gender-based violence in the law.”
  • “A large number of persons with disabilities who depended on the state for their basic needs struggled to survive due to lack of resources and inattention.”
  • “Afro-Cubans often suffered racial discrimination, and some were subject to racial epithets while undergoing beatings at the hands of security agents in response to political activity. Afro-Cubans also reported employment discrimination, particularly in positions of prominence within the tourism industry, media, and government.”
  • Although Cuba has “a history of state-sanctioned events in support of the LGBTI community,” several “unrecognized NGOs that promote LGBTI human rights faced government harassment, not for their promotion of such topics, but for their independence from official government institutions.”

Freedom of Association and the Right to Collective Bargaining (Section 7.A): “The government continued to prevent the formation of independent trade unions in all sectors. use politically motivated and discriminatory dismissals against those who criticized the government’s economic or political model.”

Prohibition of Forced or Compulsory Labor (Section 7.B): “Many citizens were employed by state-run entities contracted by foreign entities inside the country and abroad to provide labor, often highly skilled labor such as doctors or engineers. These employees received a small fraction of the salaries paid to the state-run company, often less than 10 percent. For example, in the “Mais Medicos” program run in cooperation with the Pan-American Health Organization in Brazil, of $1.3 billion the Brazilian government paid for the services of Cuban doctors, less than 1 percent–only $125 million–was paid to the doctors who provided the services. The rest went into the Cuban government’s coffers. Doctors in the program complained of being overworked and not earning enough to support their families. Former participants described coercion, nonpayment of wages, withholding of their passports, and restriction on their movement, which the government denied. Similar practices occurred in the tourism sector.”

Comments

The U.S.’ repeated allegation that Cuban medical personnel on foreign missions are engaged in illegal forced labor does not make it so. Moreover, there is a strong legal argument against that allegation.[3]

There may well be legitimate Cuban arguments against the other allegations mentioned above, which Cuba would need to assert and prove.

More importantly, the U.S. allegations ignore the long history of U.S. overt and covert hostile actions against the much smaller and militarily weaker island nation, and hence Cuba’s well-founded need to be suspicious of its domestic critics and to take some actions against those critics. This, however, does not provide Cuba with legitimate excuses for all of those actions.

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[1] State Dep’t, Secretary Michael R. Pompeo on the Release of the 2019 Country Reports on Human Rights Practices (Mar. 11, 2020); Jakes, Critics Hear Political Tone as Pompeo Calls Out Diplomatic Rivals Over Human Rights, N.Y. Times (Mar. 11, 2020).

[2] State Dep’t, 2019 Country Reports on Human Rights Practices: Cuba (Mar. 11, 2020).

[3] See, e.g.,  these posts to dwkcommentaries.com: U.S. Unjustified Campaign To Discredit Cuba’s Foreign Medical Mission Program (Sept. 4, 2019); U.S. Litigation Over Cuba Medical Mission Program (Feb. 12, 2020); Cuba Response to U,S, Campaign Against Cuba’s Medical Missions (Feb. 13, 2020).

 

Two Other Minnesota Cities Celebrate Diversity

Previous posts have discussed the positive impacts of immigrants on the southwestern Minnesota city of Worthington (Micropolitan Pop. 20,500 (2018)).  Now two other Minnesota outstate cities (southeastern Austin and northwestern Roseau) have joined the chorus.

Austin, Minnesota[1]

The city of Austin, population 25,190 (2018 est.) is the county seat of southeastern Mower County bordering Iowa to the south. It is the corporate headquarters of Hormel Foods Corp., a Fortune 500 company that grew out of the town’s small late 19th century butcher shop owned by George A. Hormel. In early January this year the county board gave its unanimous consent to resettlement of refugees.

“From 1% minority population in 1980 to 31% today, . . . [Austin’s] transformation has been profound. Immigrants from six continents call Austin home. Schools count more minority students than white students, with 48 different languages being spoken in classrooms. A medley of ethnic dining options and food markets surround the Spam Museum along Main Street downtown.”

The city’s high school basketball team, the Packers, has helped draw this diverse community together. For example, the winning last-second basket in a recent game was scored by Agwa Nywesh, an Ethiopian-American born in Austin.  “Hundreds of students storm the court and took “turns hugging him. White kids, and African kids, and Asian kids, and Hispanic kids. Rich kids, poor kids. All celebrating. The big victories, they bring people together.”

The high school’s soccer program is also successful, becoming a state-tournament regular. “Hold up a mirror to this team and Austin’s diversity stares back. The roster includes a mix of white, Hispanic, Karenni and African players, and one teammate from Poland.”

In its “swelling school district, 37% of students speak a primary language other than English, double the statewide average. One in 12 children here was born outside of the United States, and many more were raised speaking their parents’ native language.” In response , “cultural liaisons were hired to be ‘success coaches’ for students of different ethnic communities. Santino Deng, the success coach for the African community, describes his job as ‘like 9-1-1.’”

Adjusting to these changes was not easy. According to the city’s mayor, Tom Stiehm, at first “you have that big blank space in your head and we just have a tendency to fill it with negative things. Once I got to learn the community and learn the people,” he changed. “It’s the wave of the future. You can either ride that wave or you can drown. I tell people, it doesn’t matter what you like. This is going to happen, and you better acclimate yourself to it.”

“A Welcome Center opened on Main Street, and Taste of the Nations events offered foods from different cultures, including hot dish from the ladies at the Lutheran church. The Hormel Foundation, which pours more than $9 million annually into Mower County with many initiatives, partnered with the YMCA to create a kid-friendly membership: $1 per year, per kid. One night, more than 700 kids — many of them Sudanese — checked into the Y within a four-hour period.”

“City leaders have begun including new voices in high-profile settings. The City Council established a rotating, honorary seat that goes to a leader from an immigrant community. That person doesn’t vote but serves for three months sitting alongside the city attorney and police chief at meetings.”

“Over time, immigrant families found their footing, becoming permanent citizens, taxpayers, homeowners, neighbors. Their kids filled schools, and immigrants opened businesses downtown.”

All of this prompted the state’s main newspaper, the StarTribune, to salute Austin in an editorial. “At a time when so much public discussion about immigrants and immigration is negative — with overblown, fear-inducing narratives about criminal activity, building walls and keeping people out — a Minnesota town is demonstrating how new Americans can strengthen a community.”

 Roseau, Minnesota[2]

The city of Roseau, population 2,660 (2018 est.), is the county seat of Roseau County bordering Canada. A predecessor of Polaris Industries started its history there in 1954 with a prototype of a snowmobile, and the town still has the company’s main manufacturing plant for snowmobiles, all-terrain-vehicles (“ATVs”) and other products along with the company’s R&D.

Roseau, however, has an aging, declining population like most other small communities in the state and as a result has a major challenge in meeting Polaris’ demand for workers. Steve Hine, a research economist for the Minnesota Department of Employment and Economic Development, said,  “There aren’t enough young people being born in Roseau County and staying in Roseau County to meet the needs of an expanding company like Polaris.”

A year ago Polaris hired a Puerto Rican recruiting firm to find a partial solution for a plant that consistently has about 70 job openings — and could add 70 more jobs if it could find the workers. In so doing, the company recognized that Puerto Rico might be a ready source of workers as it was suffering from hurricanes and more recently earthquakes and as its residents were U.S. citizens.

This recruiting effort has been successful. “On a recent weeknight, some 150 people crowded into Polaris’ fancy new lobby to celebrate the newcomers. A Puerto Rican made 80 pounds of pork butt. The manager of Roseau’s town ball team recruited Puerto Rican ballplayers. One Puerto Rican couple danced merengue. It was the biggest turnout Roseau’s Civic and Commerce Association has ever had.”

One of the newcomers, Ricardo Rojas, had been “a successful network systems engineer for a health insurer in San Juan, Puerto Rico, the mortgage on his $345,000 house was paid off, and his daughter was attending private school. Then he got laid off, . . . [and he] struggled to find steady work. . . . [His] home value plummeted. Jobs became even more scarce.” Now the job at Polaris “was a lifeline: double the pay of a manufacturing job back home, with full benefits, plus a better education for his 14-year-old daughter, who wants to be a doctor.”

Another Puerto Rican newcomer, Edwin Colón Pérez, “had worked at a medical manufacturing company in Puerto Rico, where he made $10.81 an hour. But production plummeted after the hurricane. Colleagues were laid off. Pérez has two children, 5 and 10, so he jumped at the opportunity to work 12-hour night shifts on Polaris’ manufacturing line, where he bends pipes in tube fabrication. He was excited to live in a place the high school principal describes as ‘Mayberry in the ’60s.’”

More generally, the Puerto Ricans “have filled the town’s housing — in apartments, in rental houses, in converted church basements — and brought diversity to this generations-long Scandinavian outpost.” They also “work at the AmericInn and at the bakery at Super One Foods. One Polaris employee hopes to open a restaurant featuring island specialties like mofongo and alcapurria. The wife of another hopes to start a school dance team. They worship at churches and drink beers at Legends Sports Pub and Grill. At a high school lip-sync competition, a new student rapped in Spanish a song he’d written. The 500 students erupted in applause.”

Rev. Steve Hoffer, pastor at Roseau Evangelical Covenant Church, welcomes the Puerto Ricans to the town. Along with six other churches, his church collected donated furniture and bedding, winter coats and used cars for the newcomers and bought plane tickets for families while Polaris paid for travel and temporary lodging for each worker. Said Pastor Hoffer,  “This is a win-win-win for everyone. This is a win for Polaris because companies up here in the northwest corner of Minnesota have a hard time finding employees. It’s a win for our community because it helps broaden the overall perspective of our town. There’s a world of people out there with very different experiences than people who have been here their entire lives. And it’s a win for the folks who are moving here, because this is an economic opportunity they simply didn’t have in Puerto Rico.”

Comments

These two towns remind one of Minnesota Governor Tim Walz’s recent consent to resettlement of refugees. In his letter to Secretary of State Michael Pompeo, the Governor said, “Minnesota has a strong moral tradition of welcoming those who seek refuge. Our state has always stepped forward to help those who are fleeing desperate situations and need a safe place to call home.” Moreover, he said, “Refugees strengthen our communities. Bringing new cultures and fresh perspectives, they contribute to the social fabric of our state. Opening businesses and supporting existing ones, they are critical to the success of our economy. Refugees are doctors and bus drivers. They are entrepreneurs and police officers. They are students and teachers. They are our neighbors.” (Emphasis in original.)[3]

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[1] Austin, Minnesota, Wikipedia; Mower County, Minnesota, Wikipedia; Mower County Online; Hormel Foods Corp.;Minnesota Counties’ Actions on Refugee Resettlement, dwkcommentaries.com (Jan. 15, 2020); Scoggins, Austin’s True Colors, StarTribune (Feb. 23, 2020); Editorial, A salute to Austin—a welcoming Minnesota town, StarTribune (Mar. 2, 2020).

[2] Forgrave, Puerto Rican connection brings workers, diversity to Roseau, StarTribune (Mar. 7, 2020); Flores, Photography: Puerto Rican families make their home in Roseau, StarTribune (Mar. 8, 2020); Roseau, Minnesota, Wikipedia; Roseau County, Minnesota, Wikipedia; Roseau County, Welcome; Polaris Inc., Wikipedia; Polaris Industries, Inc.

[3]  Minnesota and Minneapolis Say “Yes” to Refugees, dwkcommentaries.com (Dec. 14, 2019).