Roger Cohen’s Gentle Words of Wisdom

Roger Cohen
Roger Cohen

Roger Cohen movingly has reflected on life and death in his New York Times column, “Do Not Go Gentle.”  Although I had read many of his earlier columns, this one stopped me to ponder its thoughts and to explore some of his other columns and biography and then to share the results of that investigation in this blog post.

“Do Not go Gentle”–Excerpts

“Home, and what constitutes it, is the most potent of memories. It’s not excess of love we regret at death’s door, it’s excess of severity. If we lived every day as the last day of our lives, the only quandary would be how to find the time to shower love on enough people. We live distracted and die with too much knowledge to bear.”

“For me, the menacing political storms of America and Europe have been accompanied by family illness; and I’ve found myself in recent days cocooned in thoughts of those I love, the fragility of life, and its delicate beauty.”

“I confess immortality, whose attainment is a hot theme in Silicon Valley, does not interest me. . . . When I think of it the image that comes to my mind is of a blazing hot day with the noonday sun beating down in perpetuity. The light is blinding. There is no escape from it, no perspective, no release.”

In contrast, “the most beautiful times of day are dawn and dusk when shadows are long, offering contrast, refuge and form. Death is the shadow that gives shape to existence, urgency to love, brilliance to life. Limitless life is tedium without resolution.”

“As Ecclesiastes [3: 1-8] has it, there is a time to be born, and a time to die; a time to plant, and a time to pluck up what is planted. I find it hard to imagine what inner peace can exist without acceptance of this cycle — the bright green of the first spring leaf, the brittle brown leaves of fall skittering down an alley in a gust of wind.”

“None of which is to urge mere acquiescence to death, whether physical or political, in this season when death merchants are on the march. On the contrary, this is a time to rage, a time to heed Dylan Thomas: “Rage, rage against the dying of the light.”

A “friend, who has battled and vanquished cancer, told me the other day of going to lunch with his 98-year-old father a couple of months before his death. My friend fought back tears as he recalled how his father leaned over to him toward the end of the meal and said: ‘You know, I did not want to die before I knew you were well.’ It is for sons to bury their fathers, not fathers their sons.”

“Ah, fathers, they wait so long before they let down their guard with their sons. When they do the power and poignancy of it is overwhelming.”

“My own father, now 95 and withdrawn, wrote to me on the death 17 years ago of my manic-depressive mother: ‘I know that my spirit will not soon be released from those cruel demons that tore so relentlessly at the entwining fabric of love between Mom and me. I did strive within the feeble limits of my human fallibility to preserve and cherish and sustain her. But alas — for Mama ultimately, death was the only angel that could shield her from despair.’”

“The most vulnerable parts of our nature are often those closest to our greatest gifts. I will always be grateful for the moments I was able to see my gifted father unguarded.”

“The dead whisper to us, they console us, they admonish us. Love more, love better. Do not . . . go gentle into that good night.

Other Columns

Many of his columns for the Times are online, and a hunt-and-peck incomplete search of that collection uncovered the following four columns for inclusion in this blog post. I am confident that a more thorough search would produce other thoughtful columns.

In May 2015 Cohen’s spending time at an unnamed airport prompted ruminations about status anxiety, “The Great Unease.” It included the following: “By comparison, having little or less [material possessions] seemed relatively straightforward — and could even spur illogical acts of an entirely different nature, such as going out and working for a couple of hours on repairing somebody’s car and then refusing payment, or giving time in other ways that defy measurement on the scales that hold sway over contemporary lives. There was a great deal to be said for acts of spontaneous generosity, for surprise visits, for being sidetracked, for idle conversation, for the gestures that forge community.”

The column ended with the following: “The Chinese say: ‘If you want to be happy for a day, get drunk; a week, kill a pig; a month, get married; for life, be a gardener.’ Cultivate your garden, the inner as the outer. Make it bloom.”

Another May 2015 column, “The Presence of the Past, ” contained these observations about how we experience the past:

  • “As we grow older, the past looms larger. There’s more of it. The past is full of possibility. It is ever-changing, an eddying tide, subject to the gusts — and lacunas — of memory.”
  • “Who, a friend asked me the other day, would ever want to be 90? The answer is somebody aged 89. Old age is not for sissies, my grandmother liked to comment. Nor, however, is the other option. So on we go, accumulating past with reckless abandon, like children guzzling candies.”
  • “Yet as Faulkner observed, ‘The past is never dead. It’s not even past.’ Or as a disillusioned Yugoslav Communist once put it, ‘The most dangerous thing for a Communist is to predict the past.’”
  • “Only through a balanced view of the past, conscientious but not obsessive, may we shun victimhood, accept divergent national narratives, embrace decency, meet our daily obligations, and look forward.”

His June 2015 column, “Mow the Lawn,” starts with comments about his youngest child’s graduating from a London school and getting ready to start college in the U.S., but includes these words of wisdom:

  • “Life is a succession of tasks rather than a cascade of inspiration, an experience that is more repetitive than revelatory, at least on a day-to-day basis. The thing is to perform the task well and find reward even in the mundane.”
  • “I’ve grown suspicious of the inspirational. It’s overrated. I suspect duty — that half-forgotten word — may be more related to happiness than we think. Want to be happy? Mow the lawn. Collect the dead leaves. Paint the room. Do the dishes. Get a job. Labor until fatigue is in your very bones. Persist day after day. Be stoical. Never whine. Think less about the why of what you do than getting it done. Get the column written. Start pondering the next.”

This column about mowing the lawn also quoted from a commencement speech he had given:

  • “’Everyone has something that makes them tick. The thing is it’s often well hidden. Your psyche builds layers of protection around your most vulnerable traits, which may be very closely linked to your precious essence. Distractions are also external: money, fame, peer pressure, parental expectation. So it may be more difficult than you think to recognize the spark that is your personal sliver of the divine. But do so. Nothing in the end will give you greater satisfaction — not wealth, not passion, not faith, not even love — for if, as Rilke wrote, all companionship is but ‘the strengthening of two neighboring solitudes,’ you have to solve the conundrum of your solitude.’”
  • “’No success, however glittering, that denies yourself will make you happy in the long run. So listen to the voice from your soul, quiet but insistent, and honor it. Find what you thrill to: if not the perfect sentence, the beautiful cure, the brilliant formula, the lovely chord, the exquisite sauce, the artful reconciliation. Strive not for everything money can buy but for everything money can’t buy.’”
  • “In the everyday task at hand, for woman or man, happiness lurks.”

The column, “Young Lives Interrupted,” from November 2015 starts with comments on a short story by Ernest Hemingway and ends with these words:

  • “It seems, as we grow older, that we are haunted less by what we have done than by what we failed to do, whether through lack of courage, or inattention, or insufficient readiness to cast caution to the winds. The impossible love abandoned, the gesture unmade, the heedless voyage untaken, the parting that should not have been — these chimera always beckon.”
  • “What’s done is done but the undone is another matter.”
  • “There are too many words today, too much emotion, and too few letters. Truth is more often the fruit of diligence than revelation, of discipline than inebriation, of discarding than accumulation.”

Cohen’s Biography[1]

Born in London in 1955, Cohen graduated with honors at Westminster School, a top “public” school in English parlance. He then attended the University of Oxford and graduated with a B.A. (and later M.A.) in History and French in 1977.

That same year he moved to Paris to teach English and to write for Paris Metro, after which he started working for Reuters, which transferred him to Brussels.  In 1983 he joined the staff of the Wall Street Journal in Rome and later Beirut. The New York Times was his next and current employer, 1990-present, and he has served as a columnist for the paper since 2009. He also occasionally writes for the New York Review of Books.

Cohen has published these books: (a) In the Eye of the Storm: The Life of General H. Norman Schwarzkopf (with Claudio Gatti) (1991); (b) Hearts Grown Brutal: Sagas of Sarajevo (1998); (c) Soldiers and Slaves: American POWs Trapped in the Nazis’ Final Gamble (2005); (d) Danger in the Desert: True Adventures of a Dinosaur Hunter (2008); and (e) The Girl from Human Street: Ghosts of Memory of a Jewish Family (2015).

Cohen’s father, Sydney Cohen, a doctor, was born in South Africa and emigrated to the United Kingdom in the 1950s. Roger’s mother June also was born in South Africa and accompanied Sydney to the U.K. She died in 1999.

One of Roger Cohen’s columns, “The Battle to Belong,” from January 2015, told a moving account of his parents’ lives with these more general observations: “The strain of burying the past, losing one identity and embracing another, can be overwhelming. Home is an indelible place. It is the landscape of unfiltered experience, of things felt rather than thought through, of the world in its beauty absorbed before it is understood, of patterns and sounds that lodge themselves in the psyche and call out across the years. When home is left behind, or shattered, an immense struggle often ensues to fill the void.” A more expansive exploration of his own family history is found in his book, The Girl from Human Street: Ghosts of Memory of a Jewish Family.

Conclusion

Thank you, Roger Cohen, for sharing your thoughts with the world. You help us to understand and accept the truths expressed long ago in Ecclesiastes.

Recognize and rejoice in the fragility and beauty of life. Engage in acts of spontaneous generosity, surprise visits and idle conversation. See life as a succession of everyday tasks that should be well performed and that will provide happiness.

As we think about our ever-lengthening pasts, do so with balance and the realization that every one of us is haunted most by what we have failed to do. When you have these realizations, endeavor to remedy those failures.

Also accept the cycle of birth and death and see death as the shadow that gives shape to existence, the urgency to love and the brilliance to life. You too may find that the dead whisper words of encouragement and consolation.

These words are worth pondering by all of us. I look forward to reading his future columns as well as diving into the collection of his columns in the Times.

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[1] Roger Cohen’s biography may be found in the New York TImes, Wikipedia and Jewage.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Praise for President Obama’s Recent Civics Lessons 

Frank Bruni, a New York Times columnist, has high praise for President Obama’s commencement address at Howard University that was covered in a prior post. Bruni sees the speech as “a pointed, powerful civics lesson” for all of us to consider because Obama was “issuing challenges to groups—African-Americans, college students—from whom he has drawn strong support and with whom he has real credibility “ and because he speaks with “accuracy and eloquence . . . [in] diagnosing current ills.”[1]

Bruni also has high marks for similar words this year from Obama in his final State of the Union Address,[2] his speech to the Illinois General Assembly[3] and his remarks at a town hall session in London.[4] Another Obama speech that touched on these subjects came just last Sunday at Rutgers University.[5]

Emphasizing that Obama in the Howard University commencement address was giving a “pointed, powerful civics lesson . . . to all of us—to America,” Bruni says Obama was chiding some young people “for demonizing enemies and silencing opponents. He cautioned them against a sense of grievance too exaggerated and an outrage bereft of perspective.” In Obama’s words, “If you had to choose a time to be, in the words of Lorraine Hansberry, ‘young, gifted and black’ in America, you would choose right now. To deny how far we’ve come would do a disservice to the cause of justice.’”

“Enough,” Obama was saying, “with a kind of identity politics that can shove aside common purpose. Enough with a partisanship so caustic that it bleeds into hatred Enough with such deafening sound and blinding fury in our public debate.”

Here Bruni referenced Obama’s “wise and glorious” February 2016 speech to the Illinois General Assembly. There Obama said, “We’ve got to build a better politics — one that’s less of a spectacle and more of a battle of ideas.” Otherwise, he warned, “Extreme voices fill the void.”

In the Illinois speech Obama also diagnosed current ills with “accuracy and eloquence,” when he noted that “while ugly partisanship has always existed, it’s fed in our digital era by voters’ ability to curate information from only those news sources and social-media feeds that echo and amplify their prejudices. We can choose our own facts,” he lamented. “We don’t have a common basis for what’s true and what’s not.” Advocacy groups often make matters worse, he added, by “keeping their members agitated as much as possible, assured of the righteousness of their cause.”

“We must expand our moral imaginations,” Obama told the predominantly African-American audience at Howard, imploring them to recognize “the middle-aged white guy who you may think has all the advantages, but over the last several decades has seen his world upended by economic and cultural and technological change, and feels powerless to stop it. You got to get in his head, too.” This thought was also mentioned by Obama in late April at a town-hall-style meeting in London, when he said that once “elected officials or people who are in a position to start bringing about change are ready to sit down with you, then you can’t just keep on yelling at them.”

At Howard, Obama insisted that change “requires listening to those with whom you disagree, and being prepared to compromise. If you think that the only way forward is to be as uncompromising as possible, you will feel good about yourself, you will enjoy a certain moral purity, but you’re not going to get what you want,” he continued. “So don’t try to shut folks out. Don’t try to shut them down, no matter how much you might disagree with them.”

These recent speeches, Bruni concludes, bring Obama “full circle, from the audacity to the tenacity of hope.”

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[1] Bruni, Obama’s Gorgeous Goodbye, N.Y. Times (May 11, 2016).

[2] A Civics Lesson in President Obama’s Final State of the Union Address, dwkcommentaries.com (May 12, 2016).

[3] Another Civics Lesson from President Obama at the Illinois General Assembly, dwkcommentaries.com (May 13, 2016).

[4] President Obama’s Civics Lesson at Town Hall Meeting in London, dwkcommentaries.com (May 14, 2016).

[5] Political and Civics Lessons from President Obama at Rutgers University, dwkcommentaries.com (May 16, 2016).

United Kingdom Promotes Engagement with Cuba

 

The United Kingdom’s Foreign Secretary, Philip Hammond, visited Cuba in late April to celebrate and promote his country’s engagement with Cuba. It was the first visit by a U.K. foreign secretary since the Cuban Revolution of 1959.[1]

Before the trip, the Foreign Secretary said, “Britain and Cuba have outlooks on the world and systems of government that are very different. But as Cuba enters a period of significant social and economic change, I am looking forward to demonstrating to the Cuban government and people that the UK is keen to forge new links across the Atlantic.”

“That is why Cuba and the UK are set to reach new cooperation agreements on energy, financial services, education and culture, to the benefit of both our nations. [This also] is an opportunity to hear for myself what Cuba thinks about its present challenges and where it sees its future.”

Upon his arrival in the island, Hammond said that Britain was “keen to forge new links” with the Caribbean nation.”

During the visit the U.K. and Cuba reached an agreement to restructure Cuba’s medium and long-term debt with the UK, which should contribute to the expansion of economic, commercial and financial ties between the two nations.

On April 30 after meeting with President Raúl Castro, Hammond said Castro ”is espousing a programme of gradual change, embracing the realities of the world we live in. I was very struck by the fact that he described the Internet as the reality of our world, spoke positively about the benefits the Internet could bring.” In addition, “Castro is seeking to position himself in the middle between those who are resisting change and those who want much faster, more radical change.” In particular, Castro said Cuba lacks “management expertise in banking services’ and this is an area where the UK has something very clear to offer.” (Below is a photograph of Castro and Hammond.)

hammond_meets_castro-large_trans++eo_i_u9APj8RuoebjoAHt0k9u7HhRJvuo-ZLenGRumA

British exports to Cuba rose by almost a third last year compared to 2014, and Britain was the second-biggest source of foreign tourists to Cuba after Canada, with 160,000 Britons making the trip in 2015.Education is seen as another growing area of cooperation, with significant numbers of Cuban students interested in higher education in the UK.

One of the problems Britain faces in such engagement is the extraterritorial effects of the U.S. embargo. Hammond commented, “We have also had discussions with the U.S. about the challenges for British and other European banks in doing business with countries that face U.S. sanctions. There are some problems here but we are working through them with the U.S. and hope to make progress in a way that will enable British businesses to do more business with Cuba.

Conclusion

This is but the latest European promotion of engagement with Cuba. For example, earlier this year President Raúl Castro visited France, where he was the official guest for a state dinner hosted by French President François Hollande, who urged U.S. President Obama to fully lift the embargo against Cuba.[2]

France sees strong potential for some of its largest companies to grow their presence in Cuba. Pernod Ricard SA is the biggest investor in Cuba through its ownership of the Havana Club brand of rum, but others are lining up such as hotels group Accor SA and construction group Bouygues SA. France also wants to boost exports to Cuba, which totaled €131 million ($143 million) in the first 11 months of 2015, down from €157 million in 2014. France is well positioned to cash in on Cuban growth after it played a leading role in negotiating debt forgiveness for Cuba at the end of last year and after President Hollande said this February that around half of Cuba’s remaining dues to France will be used to create a €220 million fund to invest in Franco-Cuban projects.

Ahead of the state dinner, French and Cuban officials signed bilateral agreements covering tourism, rail transport and trade. They also signed off on a road map for France’s development agency to begin investing in Cuban infrastructure.

The efforts of the U.K., France and other European countries to expand trade with Cuba are too often ignored in U.S. discussions of ending the U.S. embargo on the implicit and unexamined assumption that the U.S. is Cuba’s only potential trading partner. Eliminating that assumption provides another reason for the U.S. to eliminate the embargo as soon as possible in order to enhance U.S. efforts to expand trade with Cuba.

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[1] U.K. Foreign Ministry, Foreign Secretary Visits Cuba (April 28, 2016); Press Ass’n, Philip Hammond arrives in Cuba to help “forge new links,” Guardian (April 28, 2016); Reuters, Britain Praises Cuba’s Castro for Embracing Realities of Modernity, N.Y. Times (April 30, 2016); Alexander, Philip Hammond Meets Raul Castro during historic visit to Cuba, Telegraph (April 30, 2016); Raúl receives British Foreign Secretary, Granma (May 1, 2016).

[2] Horobin, France Seeks Closer Ties with Cuba During Castro Visit, W.S.J. (Feb. 1, 2016); Assoc. Press, France: Castro Finds Advocates in Paris, N.Y. Times (Feb. 1, 2016).

 

Issues of Cuban Human Rights To Be Discussed by Cuba and United States (Part II)

On March 26 Cuba announced that the U.S. and Cuba will commence their negotiations regarding human rights on March 31 in Washington, D.C.; this was covered in a prior post.

Issues of Cuban human rights that probably will be put on the agenda for further discussions were first examined in a prior post about the recent speech on this subject by Cuban Foreign Minister, Bruno Rodriguez Parrilla.

In Cuba’s March 26th announcement of the upcoming talks, Pedro Luis Pedroso, Cuba’s Deputy Director General of Multilateral Affairs and International Law, referred to “the recognition Cuba received at the last Universal Periodic Review [UPR] by the U.N. Human Rights Council, where the international community praised and commended Cuban achievements in areas such as education, health and access to cultural rights, and the contribution the island has made in those same areas in other countries.”

Therefore, this post will look at that UPR of Cuba while another post will discuss the latest U.S. State Department report on Cuban human rights (the one issued in 2014 for 2013).

The Nature of the UPR Process [1]

In order to assess the recent UPR of Cuba, we first must understand the UPR process, which provides the opportunity for each of the 193 U.N. members, on a periodic basis, to declare what actions it has taken to improve its human rights and to fulfill its human rights obligations.

The UPR process includes a report on all human rights issues from the subject country, compilations of information about the country from various U.N. organizations and from “stakeholders” (non-governmental organizations), a public interactive session of the Human Rights Council about the country, a report by a working group about the proceedings that includes conclusions and recommendations, the subject country’s responses to those conclusions and recommendations and a subsequent evaluation of the UPR by the Council.

It is exceedingly important, however, to know that these conclusions and recommendations are merely a systematic compilation or listing of all those that had been offered by all of the countries participating in the UPR. Hence, there is a lot of duplication and overlapping in this part of the report, which is not similar to an independent judicial body’s reaching certain findings and conclusions based upon an evaluation of often conflicting evidence. Indeed, the Working Group’s report expressly states that the conclusions and recommendations “should not be construed as endorsed by the Working Group as a whole.” In short, there is no overall “grade” of a country’s human rights performance by the Working Group or by the Council as a whole.

Most Recent UPR of Cuba [2]

The most recent UPR of Cuba occurred in 2013.

1. The Report of  the Working Group.

The key document in figuring out what happened in this UPR is the “Report of the Working Group on the Universal Periodic Review—Cuba” that was issued on July 8, 2013. It has the following standard structure, after a brief Introduction:

I. Summary of the proceedings of the review process

A. Presentation by the State under review

B. Interactive dialogue and response by the State under review

II. Conclusions and Recommendations

The “interactive dialogue.” This section of this report states that there was such a dialogue about Cuba involving 132 delegations at the session on May 1, 2013, and sets forth a brief summary of that dialogue in 144 numbered paragraphs. One example is paragraph 31, which states, “ Nicaragua highlighted the commitment of Cuba to human rights despite the blockade, and condemned the [U.S.] convictions against five Cubans.”

The only reference to U.S. comments in this dialogue is in paragraph 77, which states the U.S. “raised concerns for impediments to multiparty elections and freedom of expression and referred to Alan Gross and Oswaldo Paya.” Cuba, according to paragraph 111, responded to this U.S. comment by saying that “freedom of the press was guaranteed in Cuba“ and by “reiterated[ing its] . . . willingness . . . to continue talks with the [U.S.] . . . on the situation of Mr. Gross and of other individuals who were held in detention in Cuba and in the [U.S.].” [3]

Conclusions and Recommendations. This section starts with the following statement: “The recommendations formulated [by all the countries participating] during the interactive dialogue and listed below will be examined by Cuba, which will provide responses in due time, but no later than the twenty-fourth session of the Human Rights Council in September 2013” (para. 170). This section of the Report is concluded by this statement: “All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They should not be construed as endorsed by the Working Group as a whole” (para. 171).

The actual conclusions and recommendations are summarized in 292 numbered subparagraphs of the Report. Those offered by the U.S. are for Cuba to “allow for independent investigations into the circumstances surrounding the deaths of Oswaldo Paya and Harold Cepero” (para. 170.138) [4], to “release Alan Gross and imprisoned journalists such as Jose Antonio Torres immediately” (para. 170.187) [5] and to “eliminate or cease enforcing laws impeding freedom of expression” (para. 170.176).

2. Cuba’s Responses to the Recommendations.

In response to the U.S. recommendations and 20 others from other countries, Cuba said they “do not enjoy [its] support . . . on the grounds that they are politically biased and based on false premises; they derive from attempts to discredit Cuba by those who, with their hegemonic ambitions, refuse to accept the Cuban people’s diversity and right to self-determination. These proposals are inconsistent with the spirit of cooperation and respect demanded by the UPR process.” Moreover, said Cuba, they “are incompatible with constitutional principles and national legislation, and whose content is contrary to the spirit of cooperation and respect that should predominate at the UPR.” [6]

The other 20 numbered recommendations that were so summarily rejected by Cuba related to protecting human rights defenders, including journalists, against abusive criminal prosecutions, harassment and intimidation (Czech Republic, Austria, Australia, Germany, Hungary); release of all political prisoners (Czech Republic, Belgium, Slovenia, Poland), end indefinite extensions of preliminary criminal investigations (Belgium); improve freedom of expression (Romania, Estonia, Hungary, Spain, Switzerland, United Kingdom, France, Canada); repeal laws relating to “pre-criminal social dangerousness” (Ireland); end repression, investigate acts of repudiation and protect targets of intimidation and violence (Netherlands); and end Internet censorship (Australia, Germany).

Cuba, however, did accept 230 of the recommendations while noting, “Many of these . . . have already been complied with, or are in the process of implementation , or are included among future national priorities.” Therefore, these items “will be implemented in accordance with our capabilities and in step with the evolution of the circumstances within which Cuba is pursuing its aim of complete social justice.”

The remaining 42 recommendations were “noted” by Cuba as matters to be examined with the understanding that its “process of ratifying an international instrument is very rigorous;” that is stands ready “to continue cooperating with . . . the UN System’s human rights machinery;” that it is “philosophically opposed to the death penalty: and wants to eliminate it when suitable conditions exist;” that it has an “extensive and effective” system for resolving human rights complaints; that its “system of criminal justice . . . ensures fair and impartial hearings and full guarantees to the accused;” Cuba is working at expanding internet access; and “the right to freedom of expression and assembly . . . [is] enshrined in the Constitution and . . . national legislation.”

3. Human Rights Council’s Evaluation of this UPR. As paragraph 170 of the Report of the Working Group provided, the Council was to review the UPR of Cuba at its session in September 2013 after Cuba had submitted its response to the conclusions and recommendations. That Cuban response was just summarized, and the Council on September 20, 2013, reviewed this UPR and approved, without a vote, a resolution “to adopt the outcome of the universal periodic review of Cuba, comprising the report thereon of the Working Group on the Universal Periodic Review . . ., the views of Cuba concerning the recommendations and/or conclusions made, and its voluntary commitments and replies presented before the adoption of the outcome by the plenary to questions or issues not sufficiently addressed during the interactive dialogue held in the Working Group.” [7]

Criticism of the Recent UPR of Cuba

It must also be noted that an observer has alleged that Cuba “corrupted and abused” this UPR process by prompting the submission of many “fraudulent” stakeholder NGOs; there was a total of 454 submissions regarding Cuba compared with the next highest, 48 on Canada. As a result, says this observer (UN Watch), “numerous statements of praise taint the UN’s official summary” of stakeholders’ submissions. UN Watch also alleges that the compilation of information from U.N. agencies was unfairly slanted in favor of Cuba. [8]

Another observer (International Service for Human Rights) reported that during the UPR of Cuba, 132 countries, at 51 seconds each, took the floor to ask questions and make recommendations. As a result, Cuba received 293 recommendations, the highest number that a State under review has ever received at the UPR, but 121 of them started with the verb ‘continue,’ thus requiring minimal action to be taken by Cuba. [9]

Conclusion

I do not know whether any of NGO stakeholders at this UPR were “fraudulent,” as alleged, but it does appear that Cuba “stacked” the process to minimize the time available to authentic critics of its human rights record and to maximize the time available to its supporters. It also appears as if Cuba rejected recommendations for improving many foundational human rights.

In any event, because the UPR process does not involve a truly independent fact-finder to assess the human rights record of Cuba or any other country in such a process, I reject the assertion by Cuba’s Deputy Director General of Multilateral Affairs and International Law, Pedro Luis Pedroso, that Cuba obtained a laudatory evaluation of its human rights record by the U.N. Human Rights Council. In short, I think this UPR is irrelevant to Cuba’s human rights issues.

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[1] Details about the UPR process are provided on the Council’s website. The process involves a “working group,” which is composed of all 47 members of the Council.

[2] All of the documents about the UPR of Cuba are available on the Council’s website, including the Report of the Working Group on the Universal Periodic Review—Cuba, dated July 8, 2013.

[3] As discussed in a prior post, Alan Gross was released from a Cuban prison on December 17, 2014, and returned to the U.S. as part of the U.S.-Cuba agreement to re-establish normal diplomatic relations.

[4] Paya was a Cuban political activist, a leader of the political opposition to the to the Cuban government. He was the founder and organizer of the Varela Project, which collected enough signatures to present to the government a request for changes in legislation. He was awarded the Andrei Sakharov Prize for Human Rights of the European Parliament in 2002. On July 12, 2012, Paya was killed in an automobile crash in Cuba under suspicious circumstances; Harold Cepero, a youth leader, was also killed in the crash. Many people believe they were murdered by government agents.

[5] Torres, a correspondent for the Cuban government newspaper, Granma, wrote an article about alleged mismanagement of a Santiago Cuba aqueduct project and of the installation of the Cuba-Venezuela fibre-optic cable. Afterwards he was charged and convicted of spying and sentenced to 14 years in prison and cancellation of his university degree in journalism.

[6] Report of the Working Group on the Universal Periodic Review—Cuba: Addendum: Views on conclusions and/or recommendation, voluntary commitments and replies presented by the State under review [Cuba] (Sept. 2013).

[7] Report of the Human Rights Council at its 24th session (Para. 24/114) (Jan. 27, 2014).

[8] UNWatch, Massive Fraud: The Corruption of the 2013 UPR of Cuba.

[9] Int’l Service for Human Rights, Unprecedented challeng to the Universal Periodic Review (May 31, 2013)  See also Center for Human Rights & Humanitarian Law, Alleged Fraud During Cuba’s Universal Periodic Review, Human Rights Brief (Oct. 24, 2013).

 

 

 

 

 

 

 

Report for dwkcommentaries–-2014

This blog, which started on April 4, 2011, reports the following activity through December 31, 2014:

YEAR POSTS COMMENTS

(by dwkcommentaries)

VIEWS
2011 190   26  9,189
2012 179 170 51,164
2013   86 708 49,082
2014 138   47 58,602
TOTAL 593 951 168,037

The busiest day for 2014 was December 11 with 321 views; for all time, 361 on December 13, 2012. For 2014 as a whole the viewers came from 183 countries with most from the U.S.A. followed by the Canada and the United Kingdom. This blog has 516 followers (Facebook, 324; direct, 154; Tumblr, 14; and commentators, 24).

The following were the most popular posts in 2014:

As indicated in detail in the Pages section on the right side of the home page, the posts and comments for 2011-2014 fall into the categories as stated in the following alphabetical Lists of Posts to dwkcommentaries-Topical:

  • Cuba [history and politics]
  • Education [my post-secondary education]
  • El Salvador [history and politics]
  • Law (Criminal Justice)
  • Law (International Criminal Court)
  • Law (Refugee & Asylum)
  • Law (Treaties)
  • Law (U.S. Alien Tort Statute)
  • Law (U.S. Torture Victims Protection Act)
  • Lawyering [my practice of law]
  • Miscellaneous
  • Personal [my personal background]
  • Religion [predominantly Christianity]
  • United States (History)
  • United States (Politics)

The blogger would appreciate receiving substantive comments on his posts, including corrections and disagreements.

Swedish Court Denies Julian Assange’s Appeal To Quash Detention Order

Assange @ Ecuadorian Embassy
Assange @ Ecuadorian Embassy

On November 20, 2014, a Swedish appellate court denied Julian Assange’s application to quash the lower court’s four-year-old order for his detention for questioning about allegations of sexual misconduct with two women in Sweden in 2010.[1]

Assange had argued that the order could not be enforced because he has been and still is in Ecuador’s embassy in London, U.K. under a grant of diplomatic asylum and that the order was restricting his civil rights.

The Swedish court, however, was not persuaded. It said, “In making this assessment, account must be taken of the fact that Julian Assange is suspected of crimes of a relatively serious nature.” Moreover, “there is a great risk that he will flee and thereby evade legal proceedings if the detention order is set aside. In the view of the court of appeal, these circumstances mean that the reasons for detention still outweigh the intrusion or other detriment entailed by the detention order.” In short, the court could not “set aside the detention solely because Julian Assange is in an embassy and the detention order cannot be enforced at present for that reason.”

On the other hand, the court noted that Sweden’s investigation into Assange had come to a halt and that the prosecutors’ failure to examine alternative avenues of investigation “is not in line with their obligation – in the interests of everyone concerned – to move the preliminary investigation forward.”

An alternative avenue of investigation previously had been proposed by Assange: interview him at the Ecuadorian Embassy in London. Last month in the House of Commons the U.K. Foreign Minister, Hugo Swire, said, “These are matters for the [Swedish] prosecutor to decide on, but if she wished to travel here to question Mr Assange in the embassy in London, we would do absolutely everything to facilitate that. Indeed, we would actively welcome it.”

Assange’s attorney said the decision would be appealed to Sweden’s Supreme Court. A more likely outcome, in this blogger’s opinion, would be the Swedish prosecutor’s interrogating Assange at the Embassy in London and then determining whether criminal charges would be brought against him.

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[1] This post is based upon Crouch, Julian Assange: Swedish court rejects appeal to lift arrest warrant, Guardian (Nov. 20. 20, 2014); Dickson, Swedish appeal court upholds Assange detention order, Reuters (Nov. 20, 2014); Cowell, Swedish Court Rejects Appeal by Julian Assange, N. Y. Times (Nov. 20, 2014), ; This blog has a number of posts about Assange’s grant of diplomatic asylum by Ecuador and the legal skirmishes over whether, when and where he would be interrogated by the Swedish prosecutor.

 

 

Additional Reactions to Ezekiel Emmanuel’s Desire To Die at 75

A prior post discussed Ezekiel Emanuel’s article “Why I Want To Die at 75” and my reaching the opposite conclusion. Many other reactions to the article have been registered in the online version of The Atlantic Magazine, where the article first appeared; in Minnesota Public Radio’s “Friday Roundtable” program; and in various other places. Here are four of those additional reactions that deserve attention. They are from Ruth Marcus, Harold PollackVictor Davis Hanson and John O. McGinnis.

Reactions to Emanuel’s Essay

Ruth Marcus, a Washington Post columnist and a friend of Emmanuel, says his essay arrives during Rosh Hashanah when “Jews [like Marcus and Emmanuel] begin a period of repentance during which, we are told, God decides who shall live and who shall die. One of the Torah portions read during this time reminds us that Sarah gave birth at age 90, an event so unlikely she named her son Isaac, derived from the Hebrew “to laugh.”

Marcus also recalls “the traditional Jewish birthday greeting . . . [of wishing] that the celebrant live 120 years — the lifespan of Moses” while the Torah relates that, while Moses’s years were advanced, his eyes remained undimmed and his vigor unabated.” In addition, Sarah’s having a baby at age 90 reminds us that “we cannot know what surprises, and joys, our later years may hold.”

Marcus agrees with my criticism of Emmanuel’s finding creativity as the sole or deciding criterion on determining when he wants to die. She says, “there is no sin in slowing down. There is satisfaction in completing the crossword. You don’t always have to bike past the roses on your way up the mountain. In high gear.”

Another critic of Emmanuel is Harold Pollack, the Helen Ross Professor at the School of Social Service Administration and co-director of the Crime Lab at the University of Chicago and a nonresident fellow of the Century Foundation. He says his “experiences over the past few years have left me optimistic about what the future holds. Much of my most satisfying research and journalism entails talking to interesting people and relating their stories, applying historical knowledge and interpersonal skills, mentoring others on a team. I hope to do these things well for a long time.”

His father, now 85, has survived various medical problems, but Pollack’s helping to care for him with his sister serendipitously enabled them to recall and share the many ways their father had helped them over the years. Recently Pollack visited his father (and now grandfather) with his wife and daughters, and Pollack treasures the conversations and activities his daughters were able to have with their grandfather.

Pollack adds, “My life, my children’s lives, are tangibly better because our elders avail themselves of valuable, sometimes-costly medical care well past the threshold of 75.” Pollock’s father may not be as creative in some ways that he was when he was younger, but “creativity comes in many domains and forms. He’s finding new ways to be joyful and useful, to cast warm light rather than sad shadows on surrounding lives.”

Victor Davis Hanson reminds us that our present lives would be poorer had we taken away history’s 75-year-olds with these six examples:

  • The great Athenian playwright Sophocles (who wrote until his death in his 90s) would never have crafted some of Greece’s greatest tragedies.
  • The Founding Fathers would not have had the sober wisdom of Benjamin Franklin in his later years.
  • The late Jacques Barzun, the greatest contemporary student of Western values and history, published his masterpiece, “From Dawn to Decadence,” when he was 93.
  • Henry Kissinger, at 91, just published a magnum opus, “World Order.”
  • “Some of the most gripping volumes about World War II would never been written by a supposedly too old Winston Churchill.”
  • Had Ronald Reagan refused medical care and hoped to die at 75, the world would never have heard at Berlin, “Tear down this wall, Mr. Gorbachev.”

Moreover, Hanson says, if Emanuel’s point is that living beyond 75 is unwise given the odds that society will reap less achievement per unit of resources invested, then that frightening anti-humanist argument can be extended to almost any category.

For example, should we do away with health care for those with chronic debilitating diseases on the theory that society inordinately gives them too much time and capital and gets very little in return?

Similarly Emanuel’s argument could be used to eliminate life sentences for convicted criminals and instead increase use of the death penalty because they would be unlikely to produce anything significant behind bars. So too we could just as easily choose not to treat severely wounded veterans, given that they are unlikely to return to the battlefield.

John O. McGinnis, the George C. Dix Professor in Constitutional Law at Northwestern University, asserts, “Youth and good health do not measure humanity. Millions in diminished health enjoy life, being with their relatives, laughing at old movies, even just sitting in the breeze and sunshine. And their relatives and friends enjoy being with them. Indeed, they may find in the elderly’s struggle with aging an inspiration and a reaffirmation of life. In caring for the frail, weak and sometimes woebegone, they may also expand their own sympathies and express some small measure of gratitude for the debt of a good upbringing that can never be fully repaid.”

Other Thoughts

Perhaps Emmanuel’s desire to die at 75 grows out of his advocacy for physicians having an ethical obligation to work for the greater good of society in addition to the obligation to meet the patient’s needs. According to a Wall Street Journal article, Dr. Emanuel and others have presented a “complete lives system” for the allocation of very scarce resources, such as kidneys, vaccines, dialysis machines, intensive care beds, and others. “The appropriate maximizing strategy for Emanuel involves saving the most individual lives,. . . . Other things being equal, we should always save five lives rather than one.” Although Emmanuel says the focus for medical care cannot be only on the worth of the individual, such care for individuals who are irreversibly prevented from being or becoming participating citizens like those with dementia, he has argued, should not be guaranteed.

Underlying this focus on any individual’s desire to die or to seek to prolong life are important public policy questions regarding what health care costs should be covered by the government or by private insurance, especially for those near death. A recent report by the federally funded Institute of Medicine—“Dying in America”—observed that the current system’s financial incentives reward harmful transitions among homes, hospitals and nursing homes and make it difficult for someone to be released to his or her home in order to die there and that fundamental changes to the system need to be made. This problem was made personal in a New York Times article about the inability of a frail 91-year old man aided by his loving adult daughter to get released from a nursing home to go to his own home to die in peace.

These policy issues, in my opinion, should challenge our current laws about voting. In the U.S. it is common knowledge that older citizens, who are increasing in numbers, tend to vote in higher percentages than younger voters. As a result there are legitimate concerns about this leading to inadequate resources for children and young adults. One response is to lower the age for voting. Scotland’s allowing citizens 16 or older to vote in their recent referendum has raised the issue of whether the U.K. and the U.S. should do likewise. I am in favor of such a change although I do not think it goes far enough. In my opinion, all citizens from birth or from a very early age (say one year old), should be permitted to vote. Such a system would require careful thought and development of procedures for such younger citizens to vote. But each citizen, regardless of age, has an interest in what happens in our society, and there needs to be a counterweight to voting by senior citizens like myself.

An assumption of many, and perhaps Emmanuel, is an aging population like ours is a net drag on the economy. A Washington Post article, however, calls our attention to a report by a group of international researchers who assert that an aging population for an industrialized democracy might be an advantage. First, an aging population could lead to productivity gains throughout the economy due to expected increases in workers’ educational levels. Second, leisure time will increase which might lead to increased tinkering and innovation. Third, older people consume less and thus reduce their contributions to carbon emissions. Fourth, longer lives should mean postponing intergenerational wealth transfers and thereby increasing financial benefits to grandchildren. Wow, these assertions need pondering.