Tag: United Kingdom

Cameroon’s Human Rights Record Being Subjected to Universal Periodic Review by U.N. Human Rights Council: The UPR Hearing                    

This year Cameroon’s human rights record is the subject of its third  Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. Prior posts reviewed the nature of the UPR process and the pre-hearing papers for this UPR. Now we review Cameroon’s May 16 UPR hearing with a focus on the various comments made about the current conflict between the majority Francophones and the minority Anglophones.[1]

This hearing was limited to 3 ½ hours (210 minutes) and each of the 76 countries was limited to 1 minute 25 seconds (85 seconds).

Cameroon Government’s Comments

The Cameroon Government opened the hearing with comments by H.E. Mr. Mbella Mbella, its Minister of Foreign Affairs.

Near the end of his remarks, he said, “The social crisis in the North-West and South-West (Anglophone regions) began at the end of 2015 with strikes of lawyers and teachers. In response the government created the National Commission of Bilingualism and Multiculturalism to protect and ensure the balance of security and freedom.”

Earlier he laboriously discussed the process of preparing this national report, the implementation of recommendations from the prior UPR, the ratification of various human rights treaties, the adoption of the National Plan for the Promotion and Protection of Human Rights and the records of prosecutions and convictions for violations of human rights.

U.N.  Members’ Comments

There were 76 governments that made comments at the hearing (32 of whom were also Human Rights Council members plus 44 other U.N. members). Most of the comments and recommendations concerned Cameroon’s ratifying and enforcing various international human rights treaties, protecting the rights of children, women and LGBTQ people and other topics.

However, only the following 14 countries specifically addressed the current conflict between the Francophone-Anglophone communities:

  • Australia. Concerned about “recent violence between Cameroon security forces and protesting minority groups in [its] South-West and North-West [regions].” Recommends Cameroon “lift unnecessary restrictions on freedom of assembly, investigate alleged excessive use of force in disbursing demonstrators and assure arrested protestors receive fair trials.”
  • Austria. Concerned about “deterioration of the situation of the communities in the Anglophone regions of the country.” Recommended “ending the practice of secret detentions and ensure that no one is detained in a secret site, including unregistered military detention sites.” Recommended Cameroon “engage in a dialogue at the policy level with representatives of the Anglophone communities so as to identify appropriate measures to adequately respond to the violence affecting the South-West and North-West regions.”
  • Belgium. Concerned about “repressive approach in the Anglophone regions of Cameroon that runs the risk of exacerbating violent tendencies when there is a need for dialogue.” Recommended that Cameroon “take appropriate measures to ensure that the security forces act in compliance with laws and international human rights standards, conduct “independent and transparent inquiries on allegations of excessive use of force and bring perpetrators to justice.”
  • Canada.. Expressed “condolences to families of victims of violence… especially … as a result of tensions linked to claims of Anglophone community in North-West and South-West. Recommended that Cameroon “engage in sustained dialogue with representatives of the Anglophone community in North-West and South-West so as to provide consensus-based solutions while upholding human rights.”
  • Chile. Concerned with “general crime environment that exists in the English-speaking areas of the country as well as the accepted use of force against protestors in these regions.”
  • Czech Republic. Recommended “investigation of alleged torture and other ill treatment of other detained persons and incommunicado detainees.” Recommended “recognition of the right of citizens to express their views in dealing with programs of the English-speaking provinces.”
  • Germany. Concerned about reports of “violations of freedom of press and assembly, especially in the English-speaking areas of the country.”
  • Haiti. Recommended “effective implementation of the official Bilingualism Policy in consultation with all stakeholders to ensure equal treatment of the English-speaking minority.”
  • Honduras. Recommended “effective implementation of the Bilingualism Policy so as to ensure the English-speaking population does not suffer discrimination in employment, education and access to legal services.”
  • Republic of Korea. Recommended that Cameroon “redouble its efforts for the full and effective implementation of the official bilingual policy and ensure that the Anglophone minority are not subject to inequality in access to public services, administration of justice and freedom of speech. “
  • Slovakia. Concerned by “reports of human rights violations and abuses such as arbitrary arrest and extrajudicial executions by government forces and armed forces against members of the country’s Anglophone minority.”
  • Switzerland. Concerned by “violations of fundamental freedoms in the framework of the Anglophone crisis and anti-terrorism efforts. Demonstrations have been violently repressed and arbitrary arrests and detentions in difficult conditions have been made. “ Recommended that Cameroon’s “anti-terrorism law be reviewed and amended to ensure it is not used to restrict freedom of expression, association and assembly. “Recommended that “any reported cases of violations or abuses by Cameroon’s security forces are subjected to independent inquiry and prosecution.”
  • United Kingdom. Noted that “the Anglophone crisis has led to violence and disruption to many people and urged the government and all parties to fully respect and guard human rights.” Recommended that the government “allow various international agencies to have access to Anglophone separatists leaders extradited by Nigeria and held incommunicado by Cameroon since January 2018.”
  • United States. U.S. expressed concern over ”credible allegations of human rights violations and abuses by security forces.  We call on the government to credibly investigate these allegations and hold those responsible to account.  We are also concerned by reports of harassment and intimidation of youth, civil society, journalists, and opposition leaders, particularly in the Northwest and Southwest Regions, as well as restrictions on the rights of peaceful assembly and freedoms of association and expression.” (Emphases added.)

The U.S. also called on the Cameroon government “to respect the human rights of everyone, including the 47 [Anglophone] Cameroonians forcibly returned from Nigerian custody to Cameroonian authorities in January.  We expect the government of Cameroon to afford all individuals detained all of the rights and protections provided under domestic and international law.” (Emphasis added.)

 Finally the U.S. made these recommendations: “(1) Acknowledge and investigate credible allegations of human rights violations and abuses, and hold those responsible to account.(2) Respect the rights of peaceful assembly, and freedoms of association and expression, including when exercised online, and afford all of those detained all the rights enshrined in Cameroon’s constitution and under international law. (3) Decriminalize consensual same-sex sexual relations and immediately cease targeted discrimination and violence against LGBTI persons.”[2]

It also is noteworthy that France, which governed what is now the Francophone area of Cameroon after World War I until 1960, made comments without saying anything about the current Francophone-Anglophone conflict. Nor did two members of the troika for this UPR—Iraq and South Africa—while the third member of that group—United Kingdom—did as noted above.

Cameroon Government’s Response

At the end of the hearing, Cameroon’s Foreign Minister made a lengthy response to the many comments made by the other countries. He ended those remarks with the following extensive comments about the “Anglophone problem.”

“After World War II, under U.N. supervision, we obtained independence from France and the United Kingdom and created a single country by merging the two colonial states. There were not separate English-speaking and French-speaking countries, and now these linguistic groups have merged and are mixed and cannot be separated.”

“At the end of 2016 there was a corporate clamor by lawyers and teachers’ unions in the South-West and North-West. The government responded to these claims, and now no unions are making claims.”

“Some extremists used the unions claims to question the structure of the state by arguing for federalism. But the Constitution did not permit federalism. Instead the President asked for dialogue. Thus, the Prime Minister and Head of government intervened to conduct dialogue with the North-West and South-West. This resulted in a major decision to create the Commission for Bilingualism and Multiculturalism, which recognized the country was a multi-ethnic state with different linguistic communications.”

“Nevertheless, the extremists continued to commit acts of violence—burning houses, kidnapping, rape and destructive calls for hatred of communities.”

“But there is no Anglophone problem as such. Instead the government is working for some decentralization without giving in to the violence. There has been progress in these efforts. Not all are asking for a separate country.”

“The states in the North-West and South-West maintain law and order and seek to protect the people against abuses and to assure freedom of expression and movement without violence.”

“Some of the protesters have treated law enforcement officers like animals by cutting off their arms and feet. No one will tolerate this.”

“There are no extrajudicial executions.”

“Pursuant to Cameroon’s extradition treaty with Nigeria, Cameroon requested, and Nigeria granted, extradition of 47 Cameroonians who had committed acts of terrorism in Cameroon. They are not refugees. In Cameroon they are properly housed and will answer to the rule of law with assistance of counsel. They were not arbitrarily arrested. Instead they were arrested in Nigeria pursuant to international arrest warrants.”

“There is freedom of expression in Cameroon marked by openness in media. There are 1,200 publications, 25 private television channels, 25 private cable channels and 107 private radio stations. This freedom of expression has been enhanced by a 2015 law about electronic communications and the creation of a special fund for audio-visual communications.”

“In 2017 there was a temporary suspension of the internet in the North-West and South-West due to some messages promoting violence. On April 20, 2017 the Minister of Communications advised global operators to reset connections.”

Conclusion

The final stage of the Cameroon UPR will take place in September 2018, at which time the final report will be presented by the Troika.

The comments about the Francophone-Anglophone conflict by 14 countries and by the Foreign Minister’s concluding comments will be discussed in a future post. Another post will address this blogger’s general reactions to the UPR process that are raised by his review of the recent UPR process for Cameroon and for Cuba.

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[1] U.N. Human Rts. Council,  Cameroon Review—30th Session of Universal Periodic Review (May 16, 2018)  The following quotations and analysis of the comments by the Cameroon Foreign Minister and by U.N. members are based upon listening to their recorded comments in English or translated into English by U.N. interpreters when some of their voices were difficult to hear or understand. Thus, there may be errors in the following account of their comments. The exception is the U.S. which published its comments on the website for the U.S. Mission to the U.N., Geneva.

[2] U.S. Mission, Geneva Switzerland, U.S. Statement at the UPR of Cameroon (May 16, 2018).

 

Advance Questions for Cuba in Its Universal Periodic Review by the U.N. Human Rights Council

As summarized in a previous post, Cuba’s human rights record is now undergoing its third Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. That post also discussed Cuba’s national report, submissions by stakeholders (NGO’s and others), a summary of U.N. information about Cuba and information about a pre-session hearing. Now we look at the questions submitted to Cuba in advance of the Council’s hearing on May 16 and an unusual criticism of Cuba by the U.N. High Commissioner for Human Rights along with additional background information about the Council and the UPR.

Advance Questions for Cuba[1]

 The following advance questions were submitted by other Council members:

Member Questions
Belgium 1. When does the Cuban government plan to ratify human rights conventions to which it is not yet party?

2. Does Cuba plan to extend an open invitation to the special procedures of the Human Rights Council?

3. Will Cuba respond favorably to requests for visits by the Special Rapporteurs on Human Rights Defenders and Freedom of Expression, which have been pending since 2015 and 2016?

4. Does Cuba now guarantee access to independent lawyers to all persons deprived of their liberty?

5. What concrete actions has Cuba taken to release persons deprived of their liberty for political reasons.?
Brazil 1.How does Cuba guarantee the rights of the LGBTI?

2.How does Cuba ensure the independence and impartiality of the judiciary?
Germany 1.Does Cuba plan to ratify the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights?

2.What will Cuba do to enable independent journalism?

3.Identify blogs and websites currently blocked and the reasons for same.

4.Will Cuba abolish travel restrictions for persons on parole or for those in certain professions, including the medical sector?

5.Will Cuba establish an independent national human rights institution?
Liechtenstein 1.Will Cuba ratify the Rome Statute for the International Criminal Court in its 2010 version?

2.Will Cuba join the Code of Conduct for U.N. Security Council action against genocide, crimes against humanity or war crimes?
Malta 1.What steps has Cuba taken to increase the effectiveness of control by the people of the activities of States bodies, elected representatives and civil servants.?
Portugal 1.How does Cuba coordinate the implementation of UPR recommendations that it accepts?

2.How does Cuba coordinate the implementation of recommendations/observations by U.N. human-rights Treaty bodies and Special Procedures and by regional mechanisms?
Slovenia 1.Provide more information on how non-governmental organizations operate in Cuba and details on any consultation process with them.
Spain 1. Is Cuba reforming its Law on Associations and the Electoral Law to promote a higher level of inclusion and social participation?

2. Which multilateral instruments on Human Rights does Cuba plan to sign and/or ratify?
Sweden 1.Provide more information on Cuba’s prevention of trafficking in persons.

2.Provide more information on Cuba’s effort to improve internet access.

3.Has Cuba denied exit visas for human rights defenders and ndependent civil society members?

4.How will Cuba secure free and unrestricted travel for all of its citizens?
Switzerland 1.What did Cuba do to guarantee free and open participation of all citizens in its last election?

2.How many Cuban citizens were candidates in the election “without being a member of an officially recognized Cuban institution [e.g. Communist Party]?

3.Is Cuba broadening the list of legal private businesses (cuentapropistas)? Is Cuba reviewing the definition of cuentapropistas to include self-declared human rights organizations, independent journalists and bloggers and community-based organizations?

4.Will Cuba amend its constitution to eliminate the subordination of the Supreme court to the National Assembly and to the Council of Ministers?

5.How is the Cuban Criminal Code’s concept of “pre-criminal social dangerousness” interpreted?

6.How do families have transparent and open information about a family member who is a temporarily detained as an alleged criminal?
United Kingdom 1.Will Cuba allow the development of independent political parties, including their legal registration and participation in future elections?

2.How does Cuba ensure that all Cubans are able to participate fully in political and electoral processes?

3.Will Cuba end laws and policies that apparently give primacy to the principle of national unity?

4.Will Cuba move towards international independent verification of the condition of its prisons and detention facilities?

5.Will Cuba bring its laws into compliance with international human rights standards on freedom of expression, association and assembly?
U.S.A. 1. Will Cuba ensure that members of the political opposition, including independent candidates, can participate freely and without threats?

2. When will Cuba allow members of Ladies in White and all other citizens to exercise their rights to peaceful assembly and freedom of expression, religion and association?

3. How does Cuba ensure that those responsible for violations and abuses of human rights and labor rights (including members of the police, military and security services) are investigated and held responsible?

4. Will Cuba respect the rights of peaceful assembly and freedoms of assembly, expression and association of members of the Independent Union Association of Cuba and all other workers and representatives?

5. How is Cuba promoting access to information and access to an Internet that is open, interoperable, reliable,  secure and affordable to its citizens?

 

U.N. High Commissioner’s Criticism of Cuba[2]

At a May 11 press briefing, a spokeswoman for the U.N. High Commissioner for Human Rights released statements of concerns about human rights in Cuba and four other countries. Here is what was said about Cuba:

“There are deeply worrying reports that officials in Cuba have prevented a number of human rights defenders and civil society representatives from boarding flights to travel to meetings abroad on the pretext of requiring more detailed identity checks. These measures have resulted in passengers missing their flights and therefore the meetings, which in some cases were organised by a UN entity.”

“So far this year, the UN Human Rights Office has received direct information relating to 14 cases of Cubans being told by officials that the computer system required extra screening. We are also aware of reports that dozens of other people may have been stopped in this way from travelling, allegedly with no explanation by the Cuban authorities as to why they were held up nor on whose orders”

“These cases suggest that these additional checks are being used deliberately as a form of intimidation, pressure and harassment against certain individuals. Civil society organizations have also told us that they were informed verbally by the authorities that their representatives would not be allowed to leave the island before June.”

“We have previously expressed our concern at the harassment and intimidation of human rights defenders in Cuba, including the arbitrary arrest and short-term detention of individuals, particularly before, during and just after demonstrations. “

“We call on the Cuban authorities to respect everyone’s right to freedom of expression and to freedom of movement, and to ensure that human rights defenders and civil society representatives are not unjustifiably prevented from travelling, including those planning to attend UN meetings, in particular the Universal Periodic Review of Cuba on 16 May in Geneva.”

“Article 13 of the Universal Declaration of Human Rights states that, ‘everyone has the right to leave any country, including his own, and to return to his country.”’Article 19 of the Universal Declaration states that ‘everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’”

“The UN Secretary-General presents an annual report to the Human Rights Council on intimidation and reprisals, and in October 2016 the Assistant Secretary-General for Human Rights, Andrew Gilmour, was designated to lead the monitoring and response to reprisals for cooperation or intimidation, including that which aims to discourage or prevent future co-operation with the UN system. Cuba was among the countries named in the last two reports.”

“The UN Human Rights Office will continue to monitor such cases to ascertain whether they merit inclusion in the next report.”

U.N. Human Rights Council Membership[3]

The Council is made of 47 U.N. Member States, which are elected by the majority of members of the U.N. General Assembly through direct and secret ballot. The General Assembly takes into account the candidate States’ contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard.

The Council’s Members serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The seats are allocated on the following geographical basis:

  • African States: 13 seats
  • Asia-Pacific States: 13 seats
  • Latin American and Caribbean States: 8 seats
  • Western European and other States: 7 seats
  • Eastern European States: 6 seats

The current members include Cuba and the United States, both of whose terms expire on December 31, 2019, while Venezuela is also a member with its term expiring on December 31, 2018.

Council’s UPR Working Group for Cuba’s UPR[4]

The UPRs are conducted by the Council’s 47 members acting as an UPR Working Group. In addition, any other U.N. Member State can take part in the review.

Each State’s review is assisted by a groups of three States, known as a “troika,” who serve as rapporteurs. The selection of the troikas for each State is done through a drawing of lots following elections for the Council membership in the General Assembly

For Cuba’s third UPR the Troika members are Egypt, Nepal and Peru.

The May 16 hearing will last three and a half hours, during which the state under review is given 70 minutes to present its report, as well as answer questions made by other states and present concluding remarks. The remaining 140 minutes are allocated to states participating in the review to ask questions, make comments and recommendations to the state under review.

The second stage of the process will be take place during the Council’s 39th period of sessions in September 2018, at which time the final report will be presented by the Troika.

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[1] U.N. Hum. Rts. Council, Advance Questions for Cuba (First Batch); U.N. Hum. Rts. Council, Advance Questions for Cuba (Second Batch); Hum. Rts. Council, Advance Questions for Cuba (Third Batch).

[2] U.N. High Comm. Hum. Rts., Press briefing note on Yemen, Cambodia, Cuba, Nicaragua and Montenegro (May 11, 2018); The UN denounces the blockade of the Cuban regime on the departure of human rights defenders, Diario de Cuba (May 11, 2018).

[3] U.N. Hum. Rts. Council, Background on Council Membership; U.N. Hum. Rts. Council, Current Council Members.

[4] U.N. Hum. Rts. Council, Basic facts about the UPR; U.N. Hum. Rts. Council, List of Troikas (20th Session).

 

 

 

 

 

President Trump Condemns Cuba at the United Nations

On September 19, U.S. President Donald Trump addressed the United Nations General Assembly.[1]  Most media attention has focused on his bellicose remarks about North Korea and Iran. But he also condemned Cuba and Venezuela. Here the focus is on the general theses he advanced, his comments about Cuba and reactions to the speech.

Trump’s Speech

His fundamental thesis was the U.S.’ “renewing this fundamental principle of sovereignty” and “our success depends on a coalition of strong, independent nations that embrace their sovereignty, to promote security, prosperity and peace for themselves and for the world.” (Emphasis added.)

In short, the world needed strong, effective sovereign nations. As he stated, the U.S. does “not expect diverse countries to share the same cultures, traditions, or even systems of government. But we do expect all nations to uphold these two core sovereign duties:  to respect the interests of their own people and the rights of every other sovereign nation. This is the beautiful vision of this institution, and this is the foundation for cooperation and success.” (Emphasis added.)

“Strong, sovereign nations let diverse countries with different values, different cultures, and different dreams not just coexist, but work side by side on the basis of mutual respect. Strong, sovereign nations let their people take ownership of the future and control their own destiny.  And strong, sovereign nations allow individuals to flourish in the fullness of the life intended by God. (Emphasis added.)

President Trump’s subsidiary premise was the assertion that “in fulfilling our obligations to our own nations, we also realize that it’s in everyone’s interest to seek a future where all nations can be sovereign, prosperous, and secure.”

On the other hand, this was not a universal action item for every sovereign nation. As he stated, “we believe that no nation should have to bear a disproportionate share of the burden, militarily or financially.  Nations of the world must take a greater role in promoting secure and prosperous societies in their own regions.” (Emphasis added.)

“That is why in the Western Hemisphere, the United States has stood against the corrupt and destabilizing regime in Cuba and embraced the enduring dream of the Cuban people to live in freedom.  My administration recently announced that we will not lift sanctions on the Cuban government until it makes fundamental reforms.” (Emphasis added.)

President Trump then went on at length about Venezuela’s problems, at least some of which he also sees in Cuba. In his words, “The problem in Venezuela is not that socialism has been poorly implemented, but that socialism has been faithfully implemented. From the Soviet Union to Cuba to Venezuela, wherever true socialism or communism has been adopted, it has delivered anguish and devastation and failure.  Those who preach the tenets of these discredited ideologies only contribute to the continued suffering of the people who live under these cruel systems.” (Emphasis added.)

Reactions to the Speech[2]

Trump’s comments on sovereignty were criticized by the Foreign Minister of Sweden, Margot Wallstrom: “This was a bombastic, nationalist speech. . . .  This was a speech at the wrong time to the wrong audience.”

Vali R. Nasr, the Dean of the Johns Hopkins School of Advanced International Studies., said, “It looks like we will respect the sovereignty of countries we like, whether they are dictatorships or democracies, but we will not respect the sovereignty of countries we don’t like.” Nasr added, “His definition of sovereignty comes from a very narrow domestic prism.”

This speech generally did not get good reviews. For example, the editorial from the Guardian in London concluded that Trump “brought little clarity as to the wider strategy he contemplates. Threats and grandstanding are just bluster, not policy. Crises require a deftness the Trump administration has failed to demonstrate. He wants allies to back him, but seems oblivious that his lack of personal credibility is an obstacle to international cooperation. An “America First” approach runs counter to the UN’s multilateralism. His credo could be summed up by his claim that nations acting in their own self-interest create a more stable world. The question is what rules would states operate under? Not the UN’s, Trump’s response appeared to suggest. The president may want to speak of “principled realism”, but he is a reckless and dangerous leader, sitting, alas, in a most powerful position.”

These thoughts were echoed by a Guardian reporter, Julian Borger, who said the speech was full of “fulminations” of fear, especially his threat to “completely destroy North Korea,” which came just minutes after the U.N. Secretary General had told those at the Assembly and implicitly Trump himself, “Fiery talk can lead to fatal misunderstandings.” More generally, “Trump punched yawning holes in his own would-be doctrine, singling out enemies, expressing horror at their treatment of their people and threatening interference to the point of annihilation. What was left . . . was a sense of incoherence and a capricious menace hanging in the air.”

The New York Times’ editorial said, “In all this fury, before a world body whose main purpose is the peaceful resolution of disputes, there was hardly a hint of compromise or interest in negotiations.” “Mr. Trump’s dark tone and focus seemed a significant deviation [from previous U.S. presidents], not least his relentlessly bellicose approach to North Korea.” On the other hand, “Mr. Trump’s largely benign comments about the United Nations were encouraging.”

The Washington Post editorial also criticized “Mr. Trump’s schoolboy taunts of ‘Rocket Man,’ his sobriquet for North Korean dictator Kim Jong Un, and his threats, if the United States is ‘forced to defend itself or its allies . . . to totally destroy North Korea.’ The leader of a powerful nation makes himself sound simultaneously weak and bellicose with such bluster.” This editorial also said “there was something discordant in using the United Nations podium to proclaim the virtue, essentially, of national selfishness over international cooperation and multilateral organization. No doubt Presidents Xi Jinping of China and Vladimir Putin of Russia will welcome this aspect of Mr. Trump’s address. They, too, have insisted on the unassailable ‘sovereignty’ of their formidable states and demanded that others not lecture them about values such as democracy and human rights, which they fear and abhor.” The editorial concluded, “Mr. Trump seemed to repudiate his own advocacy for human dignity and freedom when he said that “we do not expect diverse countries to share the same cultures, traditions or even systems of government” — as if democracy should be optional under the U.N. Charter.”

Surprisingly the Post’s respected foreign affairs columnist, David Ignatius, had a generally favorable reaction to the speech. He said, “the most surprising thing about President Trump’s address to the [U.N.] . . .  was how conventional it was. He supported human rights and democracy; he opposed rogue regimes; he espoused a global community of strong, sovereign nations.”

The editorial by the Wall Street Journal generally approved of the speech, but thought that Trump gave too narrow a definition to “national interest” by failure to include respect for the rights of the nation’s own people. Trump’s concept of sovereignty “also leaves authoritarians too much room to claim dominant [regional] spheres of influence,” such as Chinese and Russian leaders in the South China Sea and Ukraine. In short, Trump needs to learn “there is no substitute for U.S. leadership on behalf of American values and interests if he wants to build a more peaceful world.”

The speech’s negative comments about Cuba were rejected by that country’s Foreign Minister, Bruno Rodriguez, who  said that Trump “lacks the moral authority to criticize Cuba, a small and solidary country with extensive international cooperation.” Rodriguez also said in an interview with Telesur that the speech “was an unusual, aggressive, dominating, blatantly imperialist speech. Sovereignty [for Trump] means sovereignty for the United States, enslavement for all others; [it] completely ignores the concept of sovereign equality that inspires the [U.N.].” These comments were echoed by Cuba’s delegation to a Bilateral Commission meeting with the U.S.; the delegation said it protested “the disrespectful, unacceptable and meddling statements” by Trump at the U.N. Rodriguez also condemned the President’s aggressive comments against Venezuela and expressed Cuba’s solidarity with that country and its leaders. Granma, however, did publish the full text of the Trump speech.

Conclusion

There is much to criticize in the President’s speech. Foremost was his threat that the U.S. might have ”no choice but to totally destroy North Korea.” (Emphasis added)

His perceived need for “strong sovereign nations” totally ignores all the destruction and pain inflicted on the world by such nations throughout history. This emphasis also ignores the multilateral efforts, especially after World War II, to develop multilateral, international treaties and institutions, including the United Nations, to protect the world against the excesses of strong sovereign nations. Yes, like all human institutions, the U.N. is not perfect and can and should be improved. Although Trump had some kind words for the U.N. and the Marshall Plan after World War II, he said the U.S. could no longer enter into “one-sided alliances or agreements.”

The Prime Minister of the United Kingdom, Theresa May, in her September 20 speech to the General Assembly implicitly gave the proper retort to the main thesis of Trump’s speech, that strong sovereign states were the appropriate building blocks for the contemporary world.[3] She said the following:

  • “The only way for us to respond to this vast array of challenges is to come together and defend the international order that we have worked so hard to create and the values by which we stand. For it is the fundamental values that we share, values of fairness, justice and human rights, that have created the common cause between nations to act together in our shared interest and form the multilateral system. And it is this rules-based system which we have developed, including the institutions, the international frameworks of free and fair trade, agreements such as the Paris Climate Accord and laws and conventions like the Non-Proliferation Treaty, which enables the global cooperation through which we can protect those values”
  • “If this system we have created is found no longer to be capable of meeting the challenges of our time then there will be a crisis of faith in multilateralism and global cooperation that will damage the interests of all our peoples. So those of us who hold true to our shared values, who hold true to that desire to defend the rules and high standards that have shaped and protected the world we live in, need to strive harder than ever to show that institutions like this United Nations can work for the countries that form them and for the people who we represent.”
  • “This means reforming our United Nations and the wider international system so it can prove its worth in helping us to meet the challenges of the 21st Century. And it means ensuring that those who flout the rules and spirit of our international system are held to account, that nations honor their responsibilities and play their part in upholding and renewing a rules-based international order that can deliver prosperity and security for us all.”

Trump’s comments on Cuba were a reprise of his June 2017 speech in Miami, Florida with severe criticism of Cuba that was enthusiastically received by the many older Cuban-Americans in the audience.[4] Both speeches, however, lacked nuance and failed to acknowledge the accomplishments of the Cuban Revolution, especially in health and education. It also is difficult to understand the basis for Trump’s assertion that the Cuban government was “destabilizing” or that it was “thoroughly corrupt.”

Both speeches also ignored the fact that Trump in June was only proposing to change two aspects of President Obama’s normalization policies: (a) banning U.S. persons from doing business with Cuban entities owned or controlled by the Cuban military or secret services and (b) banning U.S. citizens from going to Cuba on individual person-to-person travel, the latter of which has been subjected to criticism in this blog.[5]

The U.N. speech also failed to acknowledge that simultaneously and incongruously in Washington, D.C. the U.S. and Cuba were holding the sixth session of their Bilateral Commission that was established in the Obama Administration as a means to discuss the many unresolved issues that had accumulated in the nearly 60 years of strained relations; this session will be discussed in a subsequent post.

President Trump’s U.N. speech boasted about the U.S. announcing “that we will not lift sanctions on the Cuban government until it makes fundamental reforms.” This presumably refers to the U.S. embargo (blockade) of Cuba, which no longer serves any legitimate purpose for the U.S. and which, therefore, should be unilaterally terminated by the U.S. Moreover, the embargo soon will be the subject of a General Assembly resolution that again will condemn that U.S. policy and again undoubtedly will be overwhelming adopted.[6]

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[1] White House, Remarks by President Trump to the 72nd Session of the United Nations General Assembly (Sept. 19, 2017); Landler, Trump Offers a Selective View of Sovereignty in U.N. Speech, N.Y. Times (Sept. 19, 2017); Jaffe & DeYoung, In Trump’s U.N. speech, emphasis on sovereignty echoes his domestic agenda, Wash. Post (Sept. 19, 2017).

[2] Assoc. Press, Reaction to Trump’s UN General Assembly Speech, N.Y. Times (Sept. 19, 2017); Editorial, The Guardian view on Trump at the UN: bluster and belligerence, Guardian (Sept. 19, 2017); Borger, A blunt, fearful rant: Trump’s UN speech left presidential norms in the dust, Guardian (Sept. 19, 2017); Editorial, Warmongers and Peacemakers at the U.N., N.Y. Times (Sept. 19, 2017); Editorial, Trump undermines his own advocacy for human dignity, Wash. Post (Sept. 19, 2017); Ignatius, The most surprising thing about Trump’s U.N. speech, Wash. Post (Sept. 19, 2017); Editorial, Trump Shock at Turtle Bay, W.S.J. (Sept. 20, 2017); Cuban Foreign Minister Condemns Trump’s Aggressive Address at UN, CubaDebate (Sept. 19, 2017); Cuban Foreign Minister in Telesur interview condemns Trump’s aggressive speech at UN, CubaDebate (Sept. 19, 2017); Reuters, Cuba Calls Trump’s U.N. Address ‘Unacceptable and Meddling,’ N.Y. Times (Sept. 19, 2017); Statement by President Trump to the seventy-second session of the United Nations General Assembly, Granma (Sept. 20, 2017).

[3] Theresa May’s speech to the UN General Assembly 2017 (Sept, 20, 2017).

[4] President Trump Announces Reversal of Some U.S.-Cuba Normalization Policies, dwkcommentaries.com (June 19, 2017).

[5] Posts to dwkcommentaries,com: President Trump Announces Reversal of Some Cuba Normalization Policies (June 19, 2017); U.S. Reactions to Trump Reversal of Some U.S.-Cuba Normalization Policies (June 21, 2017); Cuban Reactions to Trump Reversal of Some U.S.-Cuba Normalization Policies  (June 22, 2017); This Blogger’s Reactions to Trump Reversal of Some U.S.-Cuba Normalization Policies (June 23, 2017). Other posts have criticised the proposed ban on individual person-to-person travel to Cuba, E.g., Cuban Entrepreneurs Issue Policy Recommendations to Trump Administration (July 19, 2017).

[6] Last year’s U.N. General Assembly resolution against the embargo is discussed in an earlier post. Other posts about the embargo are listed in the “U.S. Embargo of Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA .

U.N. Security Council Orders More Negotiations About the Western Sahara Conflict

Disputes over the Western Sahara, a former Spanish colony, have followed its 1975 annexation by Morocco in opposition to competing claims by the Polisario Front. In 1991 the U.N. brokered a cease-fire and established a peacekeeping monitoring mission and to help prepare a referendum on the territory’s future that has never taken place. So far the parties have been unable to agree upon how to decide on self-determination. Morocco wants an autonomy plan under Moroccan sovereignty while Polisario wants a U.N.-backed referendum including on the question of independence. Below is a map of the Western Sahara.

Western_sahara_map_showing_morocco_and_polisaro.gif

On April 28, 2017, the U.N. Security Council unanimously adopted Resolution 2351 extending the mandate of the U.N. Mission for the Referendum in Western Sahara (MINURSO) until 30 April 2018 and calling on the parties to that conflict to resume negotiations under the auspices of the Secretary-General without preconditions and in good faith, in order to facilitate a just, lasting and mutually acceptable political solution.[1]

Other provisions of the resolution called on the parties to cooperate fully with the operations of MINURSO, to take the necessary steps to ensure unhindered movement for U.N. and associated personnel in carrying out their mandate, to demonstrate the political will to work in an atmosphere propitious for dialogue in order to resume negotiations, to implement the relevant Security Council resolutions, to resume cooperation with the Office of the U.N. High Commissioner for Refugees, to ensure that the humanitarian needs of refugees were adequately addressed.  It also supported an increase in the ratio of medical personnel within the current uniformed authorization, as requested in the Secretary-General’s most recent report to address MINURSO’s severely overstretched medical capacity. Yet another part of the resolution noted that both sides had withdrawn troops from the Guerguerat area of the territory, a vast swath of desert bordering the Atlantic Ocean that has been contested since 1975.

In support of the resolution, U.S. Deputy Permanent Representative to the United Nations, Ambassador Michele Sisson, emphasized hat peacekeeping missions should support political solutions, said that postponing the [referendum] had been the key to allowing MINURSO to close out the 2016 chapter in the territory.  The U.S. was pleased with the mandate renewal, which helped in returning the Council’s attention where it belonged — supporting a political process to resolve the situation on the ground.  Emphasizing that the situation must change, she said the Council must look at the “big picture” in Western Sahara, including the absence of any political process for many years, she said.  The resolution demonstrated the importance of the parties working with the U.N. to return to the table.  The Mission must be able to hire the right staff in order to be as effective as possible, and to adjust components that were not working, as well as they should.  The U.S. would watch closely to see what happened on the ground, she said.

Also speaking in support of the resolution were the other Security Council members: Uruguay, Sweden, Senegal, Ethiopia, China, France, United Kingdom, Italy, Bolivia, Japan, Ukraine and the Russian Federation.

Although the resolution was passed unanimously, France, a permanent Council member, backs Morocco, its former colony, while Polisario has been supported by some non-permanent council members and by South Africa.

Afterwards Morocco’s foreign ministry said the kingdom was satisfied with the resolution and hoped for a “real process” toward a solution, which it said should be on its autonomy initiative. Morocco also called for neighboring Mauritania and Algeria, the latter of which backs Polisario and maintains tense relations with Morocco, to be involved in negotiations. Algeria, on the other hand, called the resolution a victory for the Sahrawi cause that put the process “back on track.”

Morocco recently has made at least two diplomatic moves that may be related to enhancing its position in such negotiations.

First, on January 31, 2017, the African Union (AU) at its Summit, 39 to 9, approved Morocco’s request for readmission after having left the AU in 1984 in response to a majority of its members recognizing the disputed territory in the Western Sahara.

Morocco’s King Mohammed VI in his speech at this year’s AU Summit emphasized “how indispensable Africa is to Morocco and how indispensable Morocco is to Africa.” As evidence he mentioned that “since 2000, Morocco has [signed] nearly a thousand agreements with African countries, in various fields of cooperation,” including providing scholarships for Africans to attend Moroccan universities, launching the African Atlantic Gas Pipeline, creating a regional electricity market, constructing fertilizer production plants, creating the Adaptation of African Agriculture program to respond to climate change. These actions, he asserted, demonstrated Morocco’s “commitment to the development and prosperity of African citizens, [who] have the means and the genius; [so that] together, we can fulfill the aspirations of our peoples.”

This readmission, say analysts, also enhances Morocco’s status in upcoming negotiations over the Western Sahara although the King did not mention this in his speech. Instead, he made a modest allusion to this conflict when he said, “We know that we do not have unanimous backing from this prestigious assembly. Far be it from us to spark off a sterile debate! We have absolutely no intention of causing division, as some would like to insinuate!”[2]

The other diplomatic move that can be seen as an attempt to soften resistance towards Morocco’s position in negotiations over the Western Sahara was its re-establishment of diplomatic relations with Cuba, as discussed in a prior post.

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[1] U.N. Security Council, Press Release: Security Council Extends Mandate of United Nations Mission (April 28, 2017); U.S. Mission to the U.N., Ambassador Sisson Remarks at the Adoption of UN Security Council Resolution 2351 on the [U.N.] Mission for the Referendum in Western Sahara (MINURSO) (April 28, 2017); U.N. Security Council, Press Release: Secretary-General Welcomes Withdrawal of Moroccan, Frente Polisario Elements from Western Sahara’s Guerguerat Area, Urging Adherence to Cease Fire (Apr. 28, 2017); Reuters, U.N. Security Council Backs New Western Sahara Talks Push, N.Y. Times (Apr. 29, 2017); Assoc. Press, UN Council Backs New Effort to End Western Sahara Conflict, N.Y. Times (Apr. 28, 2017).

[2] Quinn, Morocco rejoins African Union after more than 30 years, Guardian (Jan. 31, 2017); Morocco Ministry of Foreign Affairs, His Majesty the King delivers a speech at the 28th Summit of the African Union (AU) in Addis Ababa (Jan. 31, 2017); Abubeker, Why Has Morocco Rejoined the African Union After 33 Years, Newsweek Feb. 2, 2017).

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.