U.S. State Department’s Second Ministerial To Advance Religious Freedom

On July 16-18, 2019, the U.S. State Department hosted its Second Ministerial to Advance Religious Freedom. The opening event was held at the U.S. Holocaust Memorial Museum in Washington, D.C. to emphasize the “importance of promoting religious freedom and protecting religious minorities.” The closing event, also in Washington, D.C. was at the National Museum of African American History and Culture and co-hosted by the U.S. Holocaust Memorial Museum.[1]

First Day Activities[2]

After welcoming remarks by Secretary Pompeo and Ambassador at Large for International Religious Freedom Sam Brownback, the participants discussed the opportunities and challenges for promoting and defending religious freedom globally. Through a series of plenary sessions, they discussed the necessary building blocks and emerging trends in advancing religious freedom, as well as how religious freedom, international development, and humanitarian aid can work together to advance mutual interests.

Second Day Activities[3]

 There were three separate discussions led by topical experts, civil society actors, religious leaders, academics and working-level government officials on topics such as best practices for religious freedom advocacy; limitations in forming, registering and recognizing religious communities; challenges facing religious minorities; combatting the rise of anti-Semitism and anti-Islamic behavior; countering violent extremism; religious freedom and national security; religious freedom and economic development; cultural heritage protection for religious sites; religious minorities and humanitarian crises; international development aid and religious freedom; and mobilizing faith leaders around peace and development goals.

At the end of the second day, the White House held a brief reception for some of the Ministerial attendees. One was Cuban Pastor Mario Felix Lieonart, who said, “Pastor, Ramón Rigal, and his wife are imprisoned in Cuba.  Please pray for them and help the people in Cuba. Two other Cuban pastors who were invited for the Ministerial “are not here because the government in Cuba would not give them permission to come. They are Moisés de Prada, president of the Assemblies of God, and Álida León, president of the new Evangelical League of Cuba, which said, “The intention to attend [the Ministerial] was made public, it was a proof of transparency and truth, we have nothing institutionally to hide.” Lieonart added, I am here because I am a refugee in United States.  Thank you for your hospitality for me.” In response to a question from President Trump, Rev. Lieonart said, “Raúl Castro is continuing in power because he is the First Secretary of the Communist Party.  And the new President is not really Cuba’s leader. Castro is the real leader.”

Third Day Activities[4]

Senior government and international organization representatives focused on: identifying global challenges to religious freedom; developing innovative responses to persecution on the basis of religion; and sharing new commitments to protect religious freedom for all. Survivors or close relatives of those who suffered persecution due to their religion or beliefs shared their stories. Government delegations were encouraged to announce new actions and commitments they will take to protect and promote freedom of religion or belief.

There also were the Keynote Address by Secretary Pompeo, an Address by Vice President Mike Pence and Closing Comments by Ambassador Brownback. The highlights of those speeches follow.

Secretary Pompeo’s Keynote Address

The attendance aat this Ministerial “proves that religious freedom matters to literally billions of people all around the world. Look around you. Religious freedom isn’t just a Christian concern, a Jewish concern, a Muslim concern, a Buddhist concern, a Hindu concern, or a humanist concern. It’s all of our concern; it is everyone’s concern.”

“Here in the United States, our Declaration of Independence clearly states that certain rights are unalienable. There are liberties to which all of mankind, in all places, at all times are entitled. Religious freedom is one of them. Our Constitution puts it in the very first amendment.”

“Thomas Jefferson, our first Secretary of State, [helped author the Virginia Statute of Religious Freedom,“ which states, ‘Almighty God hath created the mind free… No man shall be compelled to frequent or support any religious worship or ministry, or shall otherwise suffer on account of his religious opinions or belief.’”

“The UN Universal Declaration of Human Rights affirms religious freedom or belief as a universal right.”

“Today, we come together to turn our convictions into action. And there’s not a moment to lose. A shocking 83 percent of the world’s population live in nations where religious freedom is either threatened or denied entirely.”

Perhaps you’ve heard the recent news of the Cuban evangelical leaders who registered for this very event to come here to Washington but were not permitted to come. . . . [T]he Cuban government prevented them from . . . [coming] to express their religious freedom. Such is the thuggish, intolerant nature of the current regime in Havana.” (Emphasis added.)

The Secretary then commented about violations of religious freedom in Iran, Burma and China.

“{L]ookl at what we’ve accomplished as a result of last year’s ministerial.”

“The State Department has established an International Religious Freedom Fund – a multi-donor fund that provides rapid assistance to victims of persecution all throughout the world. It’s already serving good, and its purpose around the world is expanding. . . . We encourage more countries to step up to the plate and donate and contribute to this important cause that can do so much good all around the world.”

Here are other examples. The “United Arab Emirates they hosted the first regional conference in February on promoting religious tolerance in their curricula. . . .  {T]he nations of the Organization of American States unanimously put forth their first ever statement, introduced by the United States, affirming religious freedom in our hemisphere. Along with the United Kingdom, the United States co-sponsored a groundbreaking conference this past November on meeting the needs of vulnerable religious minorities in conflict zones. And several governments have created special ambassadors specifically charged with advancing religious freedom in their country and around the world.”

The State Department “recently commissioned a group called the Commission on Unalienable Rights to generate a serious debate about human rights that extends across party lines and across national borders. The commission’s purpose is very simple. We’re not out to discover new principles but to ground our discussion of human rights in America’s founding principles, and religious freedom is certainly amongst them.”

“In 2019, the State Department introduced mandatory training on international religious freedom for every one of our Foreign Service Officers. We’ve, so far, trained nearly 12,000 employees on how to identify religious discrimination and persecution and how to work closely with faith leaders all across the world. It is incredibly important that our diplomats be our ambassadors for this first freedom.”

“We should all consistently speak out about abuses of religious freedom. It’s the least that we can do. Today, we have nine statements of concern on countries and issues all teed up. I would ask each of you to sign them in solidarity.”

“Albania, Colombia, Morocco, and the Vatican will host regional conferences in the near future.”

“Thanks to Poland’s efforts, the UN General Assembly has named August 22nd as a special day to remember the victims of religious persecution. Please commemorate it in your home countries too. And we should all keep making the case at the United Nations and in other bodies that religious freedom should be a priority for that institution.”

“But governments alone can’t properly tackle this problem. Our countries need to support civil society groups.”

“I’m very proud to announce today a new effort that’s intended to help us in our goals across the board. We will create the International Religious Freedom Alliance. We hope that this new vehicle – the first every international body devoted to this specific topic – will build on efforts to date and bring likeminded countries together to confront challenges of international religious freedom. . . . it will defend the unalienable rights for all human beings to believe – or not to believe – whatever it is they choose.”

“You all came here because you understand that it is our responsibility to help them. We’re all in this fight together. You can be sure that the United States will be out front defending the God-given, unalienable right of all human beings to worship as they choose.”

Vice President Pence’s Remarks

“Since the earliest days of our nation, America has stood for religious freedom.  Our first settlers left their homes and all they knew for the chance to, as they said, “Begin the world [all] over again.”  They carved protections for religious liberty into the founding charters of our nation and our very earliest laws.  And after our independence was won, the crafters of America’s Constitution enshrined religious liberty as the first of our American freedoms.”

“Our Declaration of Independence proclaims that our precious liberties are not the gift of government, but rather they’re the unalienable rights endowed by our Creator.  Americans believe that people should live by the dictates of their conscience, not the diktats of government.”

“Free minds build free markets.  And wherever religious liberty is allowed to take root, it is prosperity and peace that ultimately flourish as well.”

“And as we tell even our closest allies, those who reject religious freedom are more likely to breed radicalism and resentment; that it can sow those seeds of violence and it can too often cross borders. And those who deny religious freedom to their own people often have few qualms denying those rights to others.”

“The list of religious freedom violators is long; their oppressions span the globe.” It includes Burma, Nicaragua, Venezuela, Iran, Burma, China, North Korea, Eritrea, Mauritania, Pakistan, Saudi Arabia, China and North Korea.”

“While religious freedom is always in danger in authoritarian regimes, threats to religious minorities, sadly, are not confined to autocracies or dictatorships.  The truth is, they can and do arise in free societies, as well, not from government persecution, but from prejudice. This is the evil of Anti-Semitism.”

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[1] State Dep’t, Secretary Pompeo Convenes Second Ministerial to Advance Religious Freedom (June 25, 2019); State Dep’t, Ministerial To Advance Religious Freedom Convenes Opening and Closing Events (July 12, 2019). The first Ministerial in July 2018 was discussed in a prior post.

[2] State Dep’t, Day 1: 2019 Ministerial To Advance Religious Freedom (July 16, 2019).

[3] State Dept, Day 2: Track 1: 2019 Ministerial To Advance Religious Freedom (July 17, 2019); State Dept, Day 2: Track 2: 2019 Ministerial To Advance Religious Freedom (July 17, 2019); State Dept, Day 2: Track 3: 2019 Ministerial To Advance Religious Freedom (July 17, 2019); The White House, Remarks by President Trump in Meeting with Survivors of Religious Persecution (July 17, 2019); Cuban Pastor Denounces Cuban Violations of Religious Freedoms to President Donald Trump, Diario de Cuba (July 19, 2019); The regime prevents two of Cuba’s leading evangelical leaders from leaving the country, Diario de Cuba (July 14, 2019); We have nothing to hide’: the Evangelical League of Cuba, Diario de Cuba (July 19, 2019).

[4] State Dep’t, Day 3: 2019 Ministerial To Advance Religious Freedom (July 18, 2019); State Dep’t, Secretary of State Michael R. Pompeo Keynote Address at the Ministerial to Advance Religious Freedom (July 18, 2019); The White House, Remarks by Vice President Pence at the 2nd Annual Religious Freedom Ministerial (July 18, 2019). The prior day the Secretary made a similar speech for the presentation of international religious freedom awards. (State Dep’t, Secretary of State Michael R. Pompeo at the Reception for the Ministerial To Advance Religious Freedom and Presentation of the International Religious Freedom Awards (July 17, 2019).

 

 

 

U.S. State Department’s First Ministerial To Advance Religious Freedom

In July 2018, the U.S. State Department held the first ever Ministerial To Advance Religious Freedom.[1] At the event’s conclusion, the State Department issued various documents that are discussed below.

The Potomac Declaration [2]

After quoting Article 18 regarding religious freedom of the Universal Declaration of Human Rights that was adopted by the U.N. General Assembly in 1948, the Potomac Declaration asserted, “This right is under attack all around the world. Almost 80 percent of the global population reportedly experience severe limitations on this right. Persecution, repression, and discrimination on the basis of religion, belief, or non-belief are a daily reality for too many. It is time to address these challenges directly.” Therefore, the Chairman of the Ministerial (Secretary Pompeo) declared: the following:

  • “Every person everywhere has the right to freedom of thought, conscience, and religion. Every person has the right to hold any faith or belief, or none at all, and enjoys the freedom to change faith.
  • Religious freedom is universal and inalienable, and states must respect and protect this human right.
  • A person’s conscience is inviolable. The right to freedom of conscience, as set out in international human rights instruments, lies at the heart of religious freedom.
  • Persons are equal based on their shared humanity. There should be no discrimination on account of a person’s religion or belief. Everyone is entitled to equal protection under the law regardless of religious affiliation or lack thereof. Citizenship or the exercise of human rights and fundamental freedoms should not depend on religious identification or heritage.
  • Coercion aimed at forcing a person to adopt a certain religion is inconsistent with and a violation of the right to religious freedom. The threat of physical force or penal sanctions to compel believers or non-believers to adopt different beliefs, to recant their faith, or to reveal their faith is entirely at odds with freedom of religion.
  • Religious freedom applies to all individuals as right-holders. Believers can exercise this right alone or in community with others, and in public or private. While religions do not have human rights themselves, religious communities and their institutions benefit through the human rights enjoyed by their individual members.
  • Persons who belong to faith communities and non-believers alike have the right to participate freely in the public discourse of their respective societies. A state’s establishment of an official religion or traditional faith should not impair religious freedom or foster discrimination towards adherents of other religions or non-believers.
  • The active enjoyment of freedom of religion or belief encompasses many manifestations and a broad range of practices. These can include worship, observance, prayer, practice, teaching, and other activities.
  • Parents and legal guardians have the liberty to ensure the religious and moral education of their children in conformity with their own convictions.
  • Religion plays an important role in humanity’s common history and in societies today. The cultural heritage sites and objects important for past, present, and future religious practices should be preserved and treated with respect.”

The Potomac Plan of Action [3]

The lengthier Plan of Action also was issued by the Chairman of the Ministerial. It states as follows:

Defending the Human Right of Freedom of Religion or Belief

States should increase collective advocacy and coordination to promote and protect religious freedom and to counter the persecution of individuals because of religion or belief. In that spirit, states should work to:

  • Condemn strongly acts of discrimination and violence in the name of or against a particular religion or lack thereof and press for immediate accountability for those responsible for such violence, including state and non-state actors.
  • Protect members of religious communities, dissenting members, and non-believers from threats to their freedom, safety, livelihood, and security on account of their beliefs.
  • Respect the liberty of parents to provide their children religious and moral education in conformity with their own conscience and convictions and to ensure members of religious minority communities and non-believers are not forcibly indoctrinated into other faiths.
  • Protect the ability of religious adherents, institutions, and organizations to produce in quantities they desire religious publications and materials, as well as to import and disseminate such materials.
  • Increase international understanding of how suppression of religious freedom can contribute to violent extremism, sectarianism, conflict, insecurity, and instability.
  • Ensure false accusations of “extremism” are not used as a pretext to suppress the freedom of individuals to express their religious beliefs and to practice their faith, or otherwise limit freedoms of peaceful assembly and association.
  • Eliminate restrictions unduly limiting the ability of believers and non-believers to manifest their faith or beliefs in observance and practice, either alone or in community with others, through peaceful assembly, worship, observance, prayer, practice, teaching, and other activities.
  • Speak out bilaterally, as well as through multilateral fora, against violations or abuses of the right to freedom of religion or belief.

Confronting Legal Limitations

States should promote religious freedom and bring their laws and policies into line with international human rights norms regarding freedom of religion or belief. In that spirit, states should work to:

  • Protect freedom of thought, conscience, religion, or belief and ensure individuals can freely change beliefs, or not believe, without penalty or fear of violence, and encourage the repeal of provisions penalizing or discriminating against individuals for leaving or changing their religion or belief.
  • Encourage any state-managed registration systems for official recognition of religious communities be optional (rather than mandatory) and not unduly burdensome, so as to help facilitate the free and legal practice of religion for communities of believers.
  • Allow religious communities to establish freely accessible places of worship or assembly in public or private, to organize themselves according to their own hierarchical and institutional structures, to train their religious personnel and community members, and to select, appoint, and replace their personnel in accordance with their beliefs without government interference.
  • Repeal anti-blasphemy laws, which are inherently subjective, and often contribute to sectarianism and violent extremism. Enforcement of such laws unduly inhibits the exercise of the rights to freedoms of religion, belief, and expression and leads to other human rights violations or abuses.
  • Recognize that respect for religious freedom can afford space to religious actors to engage in constructive efforts to prevent and counter violent extremism, terrorism and conflict, and to collaborate with non-religious actors on the same.
  • Encourage the development of conscientious objection laws and policies to accommodate the religious beliefs of military age persons and provide alternatives to military service.

Advocating for Equal Rights and Protections for All, Including Members of Religious Minorities

States should promote the human rights of members of religious minorities, dissenting members from the majority faith, and non-believers, including freedom of religion or belief. In that spirit, states should work to:

  • Treat all persons equally under the law – regardless of an individual’s religion, beliefs or religious affiliation, or lack thereof – and ensure law enforcement officials take measures to protect all persons, including members of religious minorities, from harm or discriminatory acts on account of their faith or beliefs.
  • Prevent discrimination on the grounds of religion or belief in access to justice, employment, education and housing, in personal status and family laws, and in access to opportunities for expression in public forums.
  • Ensure that all people, including religious minority community members, are free from forced conversions, and are entitled to and receive equal protection under the law without discrimination.
  • Respond quickly to physical assaults on persons and the destruction or vandalizing of holy sites or property based on religion or belief, and hold those responsible accountable.
  • Encourage teaching about the value of intra- and inter-faith understanding and collaboration, and promote a general understanding of world religions to reduce harmful misunderstandings and stereotypes.
  • Foster religious freedom and pluralism by promoting the ability of members of all religious communities, including migrant workers, to practice their religion, and to contribute openly and on an equal footing to society.
  • Encourage authorities to denounce and condemn public discrimination and crimes targeting individuals on account of their religion or belief or lack thereof.

Responding to Genocide and other Mass Atrocities

States should use appropriate diplomatic, humanitarian and other necessary means to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity, including when based on religious convictions. In that spirit, states should work to:

  • Take immediate action to protect their populations from genocide, crimes against humanity, war crimes, and ethnic cleansing.
  • Condemn messages or narratives that promote violence against the holders of certain religious or other beliefs or that foster intra- and inter-religious tensions, whether by government officials or non-state actors.
  • Take steps to support investigative efforts and work to preserve evidence and document suspected crimes when reports of atrocities arise, including genocide, war crimes, crimes against humanity, or ethnic cleansing.
  • Hold accountable those responsible for genocide, crimes against humanity, war crimes, mass atrocities, and ethnic cleansing and related crimes, and employ mechanisms to promote accountability, justice, and reconciliation.
  • Consider the needs of survivors and families of survivors of atrocities and provide them assistance and resources to help rebuild and heal traumatized communities and individuals in post-conflict areas.
  • Work with willing victims and survivors of mass atrocities to develop and disseminate communications and educational efforts about their experiences, recovery and resilience.

Preserving Cultural Heritage

States should increase efforts to protect and preserve cultural heritage, including that of threatened minority religious communities, particularly in conflict zones, and to preserve cultural heritage sites, even those of communities whose members have dwindled or emigrated to other countries. In that spirit, states should work to:

  • Adopt and implement policies that introduce or improve inventory lists of cultural sites and objects that promote respect for and protect heritage, including places of worship and religious sites, shrines, and cemeteries, and that take appropriate protective measures where such sites are vulnerable to vandalism or destruction by state or non-state actors.
  • Safeguard heritage sites, and help other governments do so, by offering technical assistance and professional training to relevant officials, as well as provide emergency assistance for sites in immediate danger.
  • Assist impacted communities to secure, protect, repair and/or stabilize their cultural heritage sites.
  • Encourage participation by the local population in the preservation of their cultural heritage, and engage members of religious communities and others, including their leadership, with training on ways to protect their cultural heritage from damage and/or looting.
  • Assist with efforts to restore cultural heritage sites of significance to multiple communities in a conflict zone so as to foster intra- and inter-faith relations and rebuild trust.
  • Raise public awareness, particularly among youth, of the significance and history of cultural heritage, by working with and through religious actors and other community leaders.

Strengthening the Response

States should take actions to respond to threats to religious freedom that continue to proliferate around the world. In that spirit, states should consider endorsing the Potomac Declaration and work to:

  • Extend financial support to assist persons persecuted for their religious freedom advocacy, affiliation or practice, or for being a non-believer and support the capacity-building work of religious freedom advocacy organizations, and encourage private foundations to increase funding to such causes.
  • Strengthen rule-of-law, fair trial guarantees, and the institutional capacity to protect religious freedom and other human rights.
  • Provide additional diplomatic resources through the creation of special ambassadorial positions or focal points in foreign ministries, and support collective action through such groupings as the International Contact Group for Freedom of Religion or Belief and the International Panel of Parliamentarians for Freedom of Religion or Belief.
  • Train and equip diplomats in the meaning and value of religious freedom and how to advance it.
  • Recommit annually to promoting religious freedom for all, by establishing August 3, the first day of ISIS’s Sinjar massacre targeting Yezidis, as a nationally or internationally recognized day of remembrance of survivors of religious persecution.
  • Allow and support civil society organizations and religious actors in their efforts to advocate for, and organize on behalf of, religious freedom, pluralism, peace and tolerance and related values.
  • Facilitate the creation of domestic forums, or utilize existing groups, where religious groups, faith-based organizations and civil society can meet to discuss concerns about religious freedom at home and abroad, as well as through bodies at the regional level.
  • Encourage government ministries and officials to engage with and listen to the domestic forums regularly, and implement relevant suggestions when possible.
  • Encourage national economic investment projects that foster collaboration and trust building across different communities and demonstrate the economic, societal and individual benefits of respect for religious freedom and pluralism.
  • Train and support religious community actors, including religious actors, to build resilience to and prevent violent extremism and terrorism, which negatively affect religious freedom, by disseminating alternative messages, engaging at-risk community members, and implementing intra- and inter-faith partnerships.

International Religious Freedom Fund [4]

With the U.S. providing coverage for all personnel, administrative and overhead expenses, all of the funds contributed by others would fund the following program activities:

  • Supporting initiatives that address the barriers to freedom of religion or belief. This encompasses activities such as advocacy initiatives, awareness campaigns, public messaging, community inclusion efforts, conflict prevention
  • Providing assistance to those facing discrimination on the basis of religion or belief for individual needs including, assistance to address threats of violence; medical needs resulting from violent assault; and replacement of equipment damaged or confiscated as a result of harassment.

Other Actions of the Ministerial [5]

The Ministerial also issued statements about Repression by Non-State Actors, including Terrorist Groups; Iran; Counterterrorism as a False Pretext for Religious freedom Repression; China; Burma; and Blasphemy/Apostasy Laws.

According to the Secretary of State before its convening, this Ministerial was to “reaffirm our commitment to religious freedom as a universal human right. This ministerial . . . . . . Religious freedom is indeed a universal human right that I will fight for. [The Ministerial] will not just be a discussion group. It will be about action. We look forward to identifying concrete ways to push back against persecution and ensure greater respect for religious freedom for all.”

At the conclusion of this Ministerial, the Secretary of State emphasized that “President Trump has directed his administration to advance and defend the rights of religious freedom at home and abroad, because religious freedom is a universal God-given right to which all people are entitled. It is also an essential building block for all free societies. Ensuring religious freedom around the world is a key priority of the Trump administration’s foreign policy.”

After describing what happened at the Ministerial, Secretary Pompeo complimented Vice President Pence’s announcement of the U.S. Genocide Recovery and Persecution Response, and the U.S. International Religious Freedom Fund. Pompeo also announced that the Department was creating a ten-day International Victor Leadership Program for those “working on the frontiers of religious freedom issues” around the world and a three-day workshop Boldline “to support and scale innovative public-private partnerships that promote and defend religious freedom around the world.” Also announced was the then upcoming Potomac Declaration and the Potomac Plan of Action for religious freedom.

Conclusion

 Although as a member of a Presbyterian Church I strive to follow the teachings of Jesus, I approached the investigation of this Ministerial with some skepticism and fear that it was a device to promulgate what I would regard as a right-wing approach to religion and Christianity.

However, the above account of the work of the first Ministerial does not support such skepticism.Nor does the latest State Department annual report on international religious freedom insofar as it cites to the relevant international standards on the subject. Whether or not its gathered “evidence” or analysis of same meets the same standard is another issue for another day. [6]

Later this month the State Department will hold its second such Ministerial [7] for like-minded governments that have a demonstrated record of advancing religious freedom and are committed to promoting Article 18 of the Universal Declaration of Human Rights, or governments that have taken significant and meaningful steps to do so; and survivors or close relatives of those who suffered persecution due to their religion or beliefs. This Ministerial will have the following agenda:

  • Discuss opportunities and challenges for promoting and defending religious freedom globally, including how such freedom, international development and humanitarian aid can work together.
  • Discuss best practices for religious freedom advocacy; limitations in forming, registering and recognizing religious communities; challenges facing religious minorities; combatting the rise of anti-Semitism and anti-Islamic behavior; countering violent extremism; religious freedom and national security; religious freedom and economic development; cultural heritage protection for religious sites; religious minorities and humanitarian crises; international development aid and religious freedom; and mobilizing faith leaders around peace and development goals.
  • Identify global challenges to religious freedom; develop innovative responses to persecution on the basis of religion; and share new commitments to protect religious freedom for all. Invitations will be extended to

This blog will examine this second Ministerial’s work to see if there is any reason to change a favorable opinion about its work. As always, this blog invites reasoned pro and con comments, especially for topics or perspectives that were overlooked.

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[1] According to the State Department’s Diplomatic Dictionary, a “ministerial” is a “ formally arranged meeting of ministers of various states, such as the Defense or Foreign Ministers of the member states of the North Atlantic Treaty Organization.”

[2] State Dep’t, Potomac Declaration (July 24, 2018).

[3] State Dep’t, Potomac Plan of Action (July 24, 2018).

[3] State Dep’t, International Religious Freedom Fund: Fact Sheet (July 27, 2018).

[4] State Dep’t, Ministerial to Advance Religious Freedom Statement on Religious Freedom Repression by Non-State Actors, including Terrorist Groups (July 26, 2018); State Dep’t, Ministerial to Advance Religious Freedom Statement on Iran (July 26, 2018); State Dep’t, Ministerial to Advance Religious freedom Statement on Counterterrorism as a False Pretext for Religious Freedom Repression (July 26, 2018); State Dep’t, Ministerial to Advance Religious freedom Statement on China (July 26, 2018); State Dep’t, Ministerial to Advance Religious freedom Statement on Burma (July 26, 2018); State Dep’t, Ministerial to Advance Religious freedom Statement on Blasphemy/Apostasy Laws (July 26, 2018).

[5] State Department’s Latest Report on International Religious Freedom, dwkcommentaries.com (June 25, 2019).

[6] State Department’s Latest Report on International Religious Freedom, dwkcommentaries.com (June 25, 2019)

[7] State Dep’t, Ministerial to Advance Religious Freedom, 16-18 July 2019 (June 21, 2019); State Dep’t, Secretary Pompeo Convenes Second Ministerial To Advance Religious Freedom (June 25, 2019).

 

More Thoughts on Commission on Unalienable Rights

Carol Giacomo, a member of the New York Times Editorial Board and a former diplomatic correspondent for Reuters, has expressed her concern over the State Department’s creation of the Commission on Unalienable Rights,[1] which was discussed in prior posts.[2]

She says the Department’s Human Rights Bureau and Congress were not included in the decision to establish this Commission. Instead it was a personal project of Secretary Pompeo and that next month the Department plans to say more about it. This underscores the concern that this commission is motivated by conservative political and religious beliefs and organizations.

This concern, she claims, also is illustrated by Vice President Pence’s promotion of religious freedom as “our first freedom” and arguing that human rights are becoming politicized and conflated with economic and social goals.

Another is a statement by a conservative religion commentator, R.R. Reno, that he is “increasingly against human rights” which “as the epitome of social responsibility short-circuits collective judgment and stymies action for the sake of the common good.” Reno is the Editor of First Things, a publication of the Institute on Religion and Public Life that “keeps its eyes on first things: our religious faith, love of family and neighbor, the sanctity of life, the achievements of Western civilization, and the dignity of the human person.”

Giacomo also reports that the House of Representatives is considering a proposal to restrict funding for this new entity while several Democratic senators have sent a letter to Secretary Pompeo expressing “deep concern” with the process and intent of this decision.

Harold Hongju Koh, a Yale law professor who was assistant secretary of state for human rights in the Clinton administration, said that a shift to “natural law” would conflict with the view that “modern human rights are based on the dignity inherent in all human beings, not on God-given rights.”

Conclusion

This blogger strives to follow Jesus as a member of a Presbyterian church and believes that religious freedom is a basic human right for all people in the world. But he worries that this Commission and related actions might be surreptitious ways to advance a conservative political and religious agenda and to promote the re-election of Donald Trump. Therefore, this blogger thinks that attention should be paid to this Commission and related activities of this Administration.

For example, for his year’s celebration of the Fourth of July, President Trump reportedly will deliver a speech at the Lincoln Memorial. [3]  Perhaps he will use that occasion to proclaim about unalienable rights.

Not mentioned by Giacomo, but probably related to the new Commission, was last July’s first ever Ministerial to Advance Religious Freedom that was hosted by the State Department and that will be discussed in a future post.

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[1] Giacomo, A New Trump Battleground: Defining Human Rights, N.Y. Times (June 17, 2019.

[2] Is The Trump Administration Attempting To Redefine International Human Rights, dwkcommentaries.com(June 15, 2019); Other Reactions to State Department’s Commission on Unalienable Rights, dwkcommentaries.com (June 17, 2019).

[3] Nirappil, Hermann & Jamison, Officials: Trump to speak at Lincoln Memorial during July Fourth celebration, Wash. Post (June 5,, 2019).

U.S. Reactions to Failure of Juan Guaidò’s Attempt To Take Over Control of Venezuela

Last week saw the failure of an attempt to take over the Venezuelan government by the country’s opposition leader and president of the National Assembly, Juan Guaidó, and U.S. reactions to this development.

Failed Take Over[1]

On Tuesday morning (April 30),  Guaidó, with the support of his mentor (Leopoldo López), the director of the regime’s intelligence agency (Manuel Ricardo Cristopher Figuera Manuel) and some low-ranking soldiers called for other officials and soldiers to join them in attempting to remove President Nicolás Maduro from power. Trump Administration officials—Trump himself plus Vice President Pence, Secretary of State Pompeo and National Security Advisor John Bolton—publicly announced support for what they called “Operaciōn Libertad.”

By sunset that same day, however, it was clear that Mr. Guaidó had failed to persuade the military to rise up against Mr. Maduro. As a result, Leopoldo Lopez and family sought and obtained refuge in the Spanish Embassy while Figuera had fled the country.  The attempted takeover had failed.

Nevertheless, the following Saturday (May 3), Guaidó tried again to enlist Government officials and soldiers to join his movement. Again it failed.

In addition, by the end of the week, Venezuela’s Attorney General publicly announced that  everyone linked to the recent attempted coup had turned themselves into traitors to be prosecuted in accordance with the country’s constitution and laws. Already 18 arrest warrants have been issued, including one for Leopoldo Lopez in the Spanish Embassy.

Trump Administration’s Public Reactions[2]

Before the attempted takeover Secretary of State Mike Pompeo had focused on Russia’s alleged influence over Maduro and repeated that all options, including U.S. military intervention, were still on the table, while President Trump had issued a tweet attacking Cuba for supporting Maduro and promising new economic sanctions on the island.

Immediately after the events of April 30, U.S. National Security Advisor John Bolton and U.S. Special Envoy for Venezuela, Elliott Abrams, publicly accused the Venezuelans minister of defense, Vladimir Padrino López, and two other regime leaders of backing out after having promised to remove Mr. Maduro and support Mr. Guaidó.

On Friday, May 3, President Trump added to this U.S. discombobulation with  a long telephone conversation with Russia’s Vladimir Putin on several topics. Afterwards Trump apparently accepted Putin’s assurances that Russia “is not looking at all to get involved [in Venezuela], other than he’d like to see something positive happen.” Trump added, “”And I feel the same way. We want to get some humanitarian aid. Right now people are starving.” (This statement was obviously contradicted by what Secretary Pompeo and Bolton had been saying and by the Kremlin’s subsequent statement that Putin in his telephone conversation had condemned “outside interference in . . . [Venezuela’s] internal affairs” and added that “attempts to change the government in Caracas by force undermine prospects for a political settlement of the crisis.”)

Nevertheless, on Sunday, May 5, Secretary Pompeo appeared on several national television programs to reiterate the old and now discredited Administration talking points about Venezuela, which he reprised with journalists on his flight later on Sunday to Finland for the Arctic Council Ministerial.

On  ABC’s “This Week”, for example, Pompeo rejected the notion that there had been faulty U.S. intelligence over the apparent failure of Juan Guiadó’s call for a removal of Maduro. The Secretary said, Oh, no, not at all. This is the Venezuelan people attempting to re-establish their democracy. The United States has joined with them. We have supported the National Assembly’s choice. Juan Guaido is the interim president of the country. . . . [These] things sometimes have bumpy roads, to be sure, but Maduro can’t feel good. He’s ruling for the moment, but he can’t govern. There is enormous poverty, enormous starvation, sick children that can’t get medicine. . . . This is not someone who can be part of Venezuela’s future, and whether that change takes place today or tomorrow or a week from now, one can’t predict.”

Pompeo continued on ABC, “Our mission is to work with a large coalition, now 50 countries-plus, who are determined to restore democracy and then ultimately a productive economy to Venezuela. What we can do is provide support, get support from the Organization of American States, the Lima Group, the entire region, that understands that restoring democracy for the Venezuelan people is an imperative, and get them all to work together so that we get the outcome we’re looking for.”

In response to the ABC journalist’s direct question of whether “a U.S. military invasion of Venezuela  [was] really an option?’” Pompeo said, “Oh, make no mistake, we have a full range of options that we’re preparing for. That’s part of what we were doing on Friday [May 3] was making sure that when this progresses and a different situation arises that the President has a full-scale set of options: diplomatic options, political options, options with our allies, and then ultimately a set of options that would involve use of U.S. military. We’re preparing those for him so that when the situation arises, we’re not flat-footed.”

Another direct question on the ABC program was posed as to whether the President believes that he can intervene militarily without getting congressional authorization Pompeo responded, “I don’t want to speak to that. The president has his full range of Article 2 authorities, and I’m very confident that any action we took in Venezuela would be lawful.”General Joseph Dunford

Trump Administration’s Internal Reactions[3]

On May 1 the White House held an emergency session of senior national security advisors for discussion about Venezuela. Their discussions apparently included an “intense debate . . . over whether the U.S. military should be used to raise pressure on Maduro, with senior Pentagon officials warning an armed intervention would be counterproductive.” This meeting included Admiral Craig Faller, Commander of the Southern Command, Acting Defense Secretary Patrick Shanahan and other senior officials, including Marine General Joseph Dunford, Chairman of the Joint Chiefs of Staff; Secretary of State Mike Pompeo; Director of National Intelligence Dan Coats;  National Security Advisor John Bolton and Acting White House Chief of Staff Mick Mulvaney.

Another meeting occurred on Friday, May 3 with the same people.

The Southern Command reportedly has “given the White House an array of options for potential military action. . . . [including] U.S. naval exercises or deployments of warships outside Venezuelan waters, delivery of humanitarian aid into the country, and more military contacts with neighboring countries to try to enlist their support for joint action.” Admiral Craig Faller, the current head of Southern Command, said the Pentagon was also “carefully looking at plans” to expand an embargo on Cuba, as Trump suggested in a tweet this week, to erode Havana’s support for Maduro’s government.”

Evaluation of U.S. Policies Regarding Venezuela[4]

A former senior administration official with deep knowledge of the region described the failed coup as “ the Bay of Pigs II” — a reference to the failed U.S.-backed attempt to invade Cuba and overthrow Fidel Castro in 1961.

Several analysts have said that “the Trump administration has misread the dynamics of the Venezuela crisis. They said the White House underestimated Maduro’s resilience and fostered unrealistic expectations about the ease of regime change, partly by trusting apparently duplicitous Venezuelan military officials.” One of them, Michael Shifter, president of the nonpartisan Inter-American Dialogue, a Washington think tank that specializes in Latin America, said, “They have made a series of terrible miscalculations,”

Shifter added,“The Trump administration’s repeated ultimatums, hints of military intervention and threats to blockade Cuba, all of which could backfire by eroding broad international diplomatic support for the anti-Maduro forces, and by goading the Venezuelan armed forces to rally around [Maduro].”

Another expert on Venezuela in the Washington Office on Latin Ameera, a nonprofit nongovernmental organization, David Smilde, said, “This is characteristic of the neoconservatives who are running foreign policy now. They think they can huff and puff and put forth strong rhetoric … and the foe will back down. But time and again, that doesn’t happen. The sociology of authoritarian governments is far more complex.”

A New York Times editorial correctly summed up the current status. U.S. military intervention, “repeatedly cited as a possibility by Mr. Trump and Mr. Pompeo, remains a terrible idea. However invested the Trump administration is in the ouster of Mr. Maduro, a direct intervention would find little support across a region with bad memories of American meddling, and would brand Mr. Guaidó as an American lackey.”

A different conclusion was reached by a Washington Post editorial. After reciting some of the Maduro regime’s horrible policies and actions, the editorial said, “Therefore, whatever its ultimate outcome or, indeed, its strategic wisdom, Tuesday’s uprising is not a ‘coup attempt,’ as the Maduro regime, echoed by too many people abroad, calls it. Rather, it is the latest in a series of legitimate and, for the most part, nonviolent efforts by Venezuelans, both civilian and military, to throw off an oppressive, toxic regime so that they can freely elect a legitimate government. Supporters of freedom and democracy should stand in solidarity with Mr. Guaidó and the many thousands of Venezuelans now bravely asserting their rights.” However, the editorial concluded, “By working closely with these [six South American nations that are backing Guaidó. . .  , and not by intervening militarily, the Trump administration may increase the chances that Mr. López’s declaration Tuesday — “It’s time to conquer freedom” — proves out.”

Conclusion

These recent events should put the kibosh on the  Southern Command’s “plan” of February 2018 for military invasion of Venezuela, as discussed in a prior post. One can only hope that another result could be the diminution of the influence  or actual ouster, of John Bolton as National Security Advisor.

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[1] Venezuela Crisis: Guaidó Calls for Uprising as Clashes Erupt, N.Y. Times (April 30, 2019); Zuñiga, Faiola & McCoy, Venezuela’s Maduro denies Pompeo’s claim that he sought to escape to Cuba after day of clashes left 1 dead, dozens hurt, Wash. Post (April 30, 2019); Reuters, Trump Threatens ‘Full’ Embargo on Cuba Over Venezuela Security Support, N.Y. Times (April 30, 2019); Rogers, Trump, Seeking to Put Pressure on Maduro, Threatens Full Embargo of Cuba, N.Y. Times (April 30, 2019); Gearon & DeYoung, Trump threatens ‘complete embargo’ and ‘highest-level sanctions’ against Cuba over Venezuela, Wash. Post (April 30, 2019); Shifter & Binetti, Juan Guaidó’s Uprising Failed. What’s Next for Venezuela?, N.Y. Times (May 3, 2019); Fayola, How a plot filled with intrigue and betrayal failed to oust Venezuela’s president, Wash. Post (May 3, 2019); Venezuelan justice will act with weight against coup, says prosecutor, CubaDebate (May 4, 2019).

[2] Landler, Trump Says He Discussed the “Russian Hoax” in a Phone Call with Putin, N.Y. Times (May  3, 2019); Ballhaus & Salama, Trump & Putin Discuss Venezuela, North Korea, Mueller Report, W.S.J. (May 3, 2019); State Dep’t, [Secretary Pompeo] Interview With Jonathan Karl of ABC’s This Week (May 5, 2019); Demirjian & Sonne, Pompeo won’t promise to consult Congress about potential military intervention in Venezuela, Wash. Post (May 5, 2019); State Dep’t, [Secretary Pompeo’s] Interview With Chris Wallace of Fox News Sunday (May 5, 2019); State Dep’t, [Secretary Pompeo’s] Interview With Margaret Brennan of CBS Face the Nation (May 5, 2019); State Dep’t, [Secretary Pompeo’s] Remarks to Traveling Press on Plane (May 6, 2019).

[3] Wilkinson & Cloud, White House scrambles on Venezuela after major setback, Los Angeles Times (May 2, 2019); Assoc. Press, Shanahan, Pompeo and Bolton Meet on Venezuela, N.Y. Times (May 3,2019); Specia, Five Things You Need to Know to Understand Venezuela’s Crisis, N.Y. Times (May 3, 2019).

[4] See n. 3 supra; Editorial, A Treacherous Stalemate in Venezuela, N.Y. Times (May 2, 2019); Editorial, Don’t call it a coup. Venezuelans have a right to replace an oppressive, toxic regime, Wash. Post (April 30, 2019).

State Department’s Announcement of New Sanctions Against Cuba

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

State Department’s Announcement of Sanctions[2]

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

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

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

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

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

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

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

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

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

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

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

Conclusion

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

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

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

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

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

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

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

 

New U.S. Sanctions on Cuba and Venezuela

On April 5, the U.S. Treasury Department announced new sanctions on Venezuela and Cuba. The sanctions are on 34 vessels owned or operated by Venezuelan state-run oil company Petróleos de Venezuela, S.A, or PDVSA , and also on two companies and a vessel that delivered oil to Cuba in February and March. The announcement stated, “The United States continues to take strong action against the illegitimate regime of former President Nicolas Maduro, not only to isolate corrupt Venezuelan enterprises, but also to target Maduro’s supporters in Havana who continue to enable the oppression of the people of Venezuela.” [1]

The announcement further said, “The relationship between Cuba and Venezuela hinges on a two-decade long political, security, and economic alliance, particularly given Cuba’s reliance on a barter system for Venezuelan oil imports.  Cuba is a major importer of crude oil from Venezuela, and in return, sends assistance to Venezuela in the form of political advisors, intelligence and military officials, and medical professionals, all of whom are used to ensure Maduro’s hold on power and complete social control over the people of Venezuela.  Cuba’s influence has contributed to Venezuela’s failure.  Maduro continues to send aid to Cuba as Venezuelans suffer from a deepening humanitarian crisis while denying entry to food, medicine, and other supplies provided by the United States and our allies and partners.”

“As a result of today’s action, all property and interests in property of these entities, and of any entities that are owned, directly or indirectly, 50 percent or more by the designated entities, that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC [Treasury’s Office of Foreign Assets Control]. OFAC’s regulations generally prohibit all dealings by U.S. persons or within (or transiting) the United States that involve any property or interests in property of blocked or designated persons.”

The Treasury Secretary, Steve Mnuchin, said, “Treasury is taking action against vessels and entities transporting oil, providing a lifeline to keep the illegitimate Maduro regime afloat. Cuba continues to profit from, and prop up, the illegitimate Maduro regime through oil-for-repression schemes as they attempt to keep Maduro in power. The United States remains committed to a transition to democracy in Venezuela and to holding the Cuban regime accountable for its direct involvement in Venezuela’s demise.”

Vice President Mike Pence also voiced support for these new measures on April 5, actually just before their official announcement.. He said, “The United States will continue to exert all diplomatic and economic pressure to bring about a peaceful transition to democracy, calling oil shipments “the lifeblood of that corrupt regime” with its oil shipments being “the lifeblood of that corrupt regime.”Pence also called Cuba’s “leaders as the “real imperialists” in the Western Hemisphere, adding: “The time has come to liberate Venezuela from Cuba.”[2]

Cuban President Díaz-Canel immediately responded to these new sanctions. He tweeted, The U.S. “sanctioned Friday vessels and companies involved in the transportation of fuel between [Cuba and Venezuela], a legal activity and covered by trade agreements. These measures are an act of extraterritoriality, interference and imperial arrogance.”[3]

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[1] Treasury Dept, Press Release: Treasury Sanctions Companies Operating in the Oil Sector of the Venezuelan Economy and Transporting Oil to Cuba (April 5, 2019); Reuters, U.S. Targets Cuba’s Oil Supply From Venezuela in New Sanctions, N.Y. Times (April 5, 2019).

[2] Reuters, U.S. ratchets Up Pressure on Venezuela, Cuban Backers, N.Y. Times (April 6, 2019).

[3] Diaz-Canel qualified as an act of extraterritoriality, interference and imperial arrogance, the recent sanctions against Venezuela and Cuba, Granma (April 6, 2019).

 

 

More Unkind Words About Cuba from Vice President Mike Pence

On Monday night (June 4), U.S. Vice President Mike Pence hosted a reception at the White House for delegates to the OAS General Assembly, which met June 4 and 5 with most attention on the U.S.-led effort to suspend Venezuela’s OAS membership.[1]

Most of Pence’s remarks at the reception, therefore, concerned Venezuela. But he managed to interject these unkind words about Cuba: “In Cuba, the Castro name has begun to fade, but under a handpicked successor, their legacy endures and the oppressive police state they established is ever-present.  Under President Donald Trump, America will always stand for Que Viva Cuba Libre.”[2]

Conclusion

Those of us who support normalization and reconciliation with Cuba need to be vigilant in monitoring and combatting the anti-Cuba policies and rhetoric from the Trump Administration and its allies like Senator Marco Rubio (Rep., FL).

This blogger leaves to others the challenge of doing the same with respect to Venezuela.[3]

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[1] White House, Remarks by Vice President Pence at Organization of American States Reception (June 4, 2018).

[2] Such rhetoric from Pence is not unique, just this year, as discussed in earlier posts: U.S.-Cuba Skirmishes at the Summit of the Americas (April 17, 2018); U.S. Reactions to the New President of Cuba (April 23, 2018); More Hostile Comments About Cuba from U.S. Vice President Pence and U.S. Ambassador to the Organization of American States (May 9, 2018).

[3] A prior post mentioned Secretary of State Mike Pompeo’s anti-Cuba rhetoric at the first day of the OAS General Assembly on June 4 while also discussing the Assembly’s consideration of the Venezuela issue. (U.S. Statement About Cuba at Organization of American States’ General Assembly (June 4, 2018).)

U.S. Statement About Cuba at Organization of American States’ General Assembly     

At the June 4 meeting of the General Assembly of the Organization of American States (OAS), U.S. Secretary of State Mike Pompeo made remarks primarily addressing Venezuela. But he also made comments about Cuba.

Comments About Venezuela[1]

The Secretary of State said, “there is no greater challenge today than the full-scale dismantling of democracy and the heartbreaking humanitarian disaster in Venezuela. While the [U.S.] welcomes the release of the unjustly imprisoned Holt family, our policy towards Venezuela remains unchanged. The [U.S.] stands steadfast in support of the Venezuelan people and their efforts to return to democracy. The Maduro regime’s efforts . . .  to move towards unconstitutional government and its human rights abuses are now well known by all. All these actions have, among other ill consequences, resulted in an unconstitutional alteration of Venezuela’s constitutional order.”

“On more than one occasion, Venezuela has squandered opportunities to have the kind of dialogue that the [OAS] charter calls for. We seek only what all the nations of the OAS want for our people: a return to the constitutional order, free and fair elections with international observation, and the release of political prisoners. The regime’s refusal to take meaningful action on these issues has demonstrated unmistakable bad faith and exhausted options for dialogue under current conditions. Just two weeks ago, the Venezuelan Government staged sham elections that offered no real choice to Venezuelan people and its voters. Many of them responded sensibly by simply staying home.”

“For all of these reasons, Vice President Pence challenged member-states last month to do what the Democratic Charter asks of us when faced with an unconstitutional interruption in democratic order of a member-state: suspend Venezuela from this body. That suspension is not a goal unto itself. But it would show that the OAS backs up its words with action. And it would send a powerful signal to the Maduro regime: Only real elections will allow your government to be included in the family of nations.”

“In addition to suspension, I call on fellow member-states to apply additional pressure on the Maduro regime, including sanctions and further diplomatic isolation, until such time as it undertakes the actions necessary to return genuine democracy and provide people desperately needed access to international humanitarian aid.”

In response, Venezuela’s Foreign Minister Jorge Arreaza defiantly criticized the OAS as part of a “corporation” led by the U.S.  to undermine Venezuela’s sovereignty. He accused the U.S. of fostering violence that has accompanied protests and the deprivation caused by sanctions and mocked U.S. offers of humanitarian aid. “You impose economic sanctions, and then you offer your help to wash your hands.  The U.S. has been perpetrating a coup d’état against Venezuela for 20 years.”

Vowing not to buckle under to the pressure, Arreaza added, “We are free. We are sovereign. And no imperialist will intervene in our country and hinder our people from voting for their own authorities and having their own democracy. “We have moral authority. You do not have moral authority,” he said, citing U.S. invasions of Panama in 1989 and the Dominican Republic in 1965.

 Draft Resolution on the Situation in Venezuela[2]

The U.S. along with Argentina, Brazil, Canada, Chile, Mexico and Peru submitted a draft  Resolution on the Situation in Venezuela, which presumably will be voted upon at the June 5 session of the OAS General Assembly. After the preamble, it contains the following resolutions:

  1. “To declare that the electoral process as implemented in Venezuela, which concluded on May 20, 2018, lacks legitimacy, for not complying with international standards, for not having met the participation of all Venezuelan political actors, and for being carried out without the necessary guarantees for a free, fair, transparent and democratic process.”
  2. “To reaffirm that only through a national dialogue with the participation of all Venezuelan political actors and stakeholders can national reconciliation be achieved and the necessary conditions agreed upon for holding a new electoral process that truly reflects the will of the Venezuelan citizens and peacefully resolves the current crisis in that country.”
  3. “To reiterate that an unconstitutional alteration of the constitutional order of the Bolivarian Republic of Venezuela has occurred, as stated in [OAS] resolution CP/RES. 1078 (2108/17) of April 3, 2017.”
  4. “To urge the Government of Venezuela to take steps to guarantee the separation and independence of the constitutional branches of power and restore the full authority of the National Assembly, the rule of law, and the guarantees and liberties of the population.”
  5. “To urge the Government of Venezuela to allow the entry of humanitarian aid and to implement epidemiological surveillance measures in its country to prevent the aggravation of the humanitarian and public health crisis, particularly against the reappearance of diseases such as measles, malaria, and diphtheria”
  6. “To invite the member states to implement measures to address the humanitarian emergency in Venezuela, including supplying medicines, as well as considering contributions to the competent international organizations to strengthen the institutional capacities of the recipient countries.”
  7. “To instruct the Permanent Council to identify, in coordination with the relevant inter-American and international institutions, the appropriate measures to support the member states that are receiving an increasing number of Venezuelan migrants and refugees.”
  8. “To call upon the member and permanent observer states to implement, in accordance with their respective legal frameworks and applicable international law, the measures deemed appropriate at the political, economic, and financial levels to assist in the restoration of democratic order in Venezuela.”
  9. “To remain seized of the situation in Venezuela in order to support diplomatic actions and additional measures that facilitate the restoration of democratic institutions and social peace, and that promote full respect for human rights and full adherence to the rule of law, within the constitutional framework of Venezuela and in a manner consistent with its international obligations and commitments.”
  10. “To apply, in strict accordance with the letter and spirit of the Inter-American Democratic Charter, the mechanisms for the preservation and defense of representative democracy provided under its Articles 20 and 21.”

Comments About Cuba[3]

In  the Secretary of State’s June 4 address to the General Assembly, he had the following words about Cuba: “In Cuba today, we see an expectation that change is inevitable and that it can’t come quickly enough. Young Cubans born under a dictatorship are uninterested in hollow revolutionary slogans. They demand educational opportunities free from political constraints or a totalitarian regime’s repression. They want what youth everywhere else wants: opportunities to use their talents, to exercise their voice, achieve their potential, and build a bright future for themselves. As democratic societies, we must support young people in Cuba and elsewhere in the hemisphere in their hopes for democratic change.”

The day before the OAS General Assembly. Ambassador Carlos Trujillo, the U.S. Permanent Representative to the  OAS, appeared at a meeting organized by Freedom House and made these comments about Cuba. He “acknowledged that the Venezuelan case has stolen the role of other crises such as Cuba and Nicaragua, and . . . [suggested] that the organization should follow the same steps with Havana as with Caracas.” He also indicated that the agency must work to denounce “the crimes against humanity” that the Cuban Government has committed.

’’Why Cuba does not deserve the same as what we are demanding from the regime of (President of Venezuela, Nicolás] Maduro? Why Cuba is different? It is something that has to change, it has to change in the OAS.’”

According to Trujillo at this meeting, the countries of the Americas have to “accept that Cuba is ‘he mother of all evil’ in terms of the weakening of democracy on the continent and human rights violations.” Therefore, “If we talk about Venezuela and we talk about human rights abuses, we have to talk about Cuba.” This meant, he said, the OAS must  denounce “the crimes against humanity” that the Cuban Government has committed.”

These comments by Trujillo echo what he said in early May in a Univision program. Then he said “Raul Castro should be tried for his crimes against human rights”, visible through the history of Cuba, “I personally, and the US, are available to do everything possible so that the victims of Raúl Castro, of the Castro brothers, have the justice they deserve,”[4]

Conclusion

 The above comments by Ambassador Trujillo are completely undiplomatic and inappropriate. They should not have ben uttered, especially since apparently there is no resolution regarding Cuba to come before the OAS General Assembly. His words as a Cuban-American attorney from Miami reveal his lack of any prior diplomatic experience and his having been an Ambassador for only one month.[5]

Instead tomorrow we will see the voting on the above resolution about Venezuela.

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[1] U.S. State Dep’t, [Secretary of State] Remarks at the General Assembly of the Organization of American States (June 4, 2018); Lee, US renews call for OAS to suspend Venezuela, Wash. Post (June 4, 2018); Reuters, U.S. Calls on OAS to Suspend Venezuela From Organization, N.Y. Times  (June 4, 2018); Morello, Pompeo calls for kicking Venezuela out of OAS and more sanctions, Wash. Post (June 4, 2018).

[2] OAS Gen. Assembly, Draft Resolution on the Situation in Venezuela (June 4, 2018).

[3] U.S. State Dep’t, [Secretary of State] Remarks at the General Assembly of the Organization of American States (June 4, 2018).

[4] Carlos Trujillo: The members of the OAS have to ‘accept that Cuba is the mother of all evil,’ Diario de Cuba (June 4, 2018); Carlos Trujillo: ‘Raúl Castro must be tried for his crimes against human rights,’ Diario de Cuba (May 7, 2018).

[5] More Hostile Comments About Cuba from U.S. Vice President Mike Pence and U.S. Ambassador to the Organization of American States, dwkcommentaries.com (May 9, 2018).