Tag: United Nations (U.N.)

U.S. at U.N. Global Call To Protect Religious Freedom

On September 23, 2019, President Donald Trump did not speak at the U.N. Summit on Climate Change. Instead, after briefly attending that session, he chaired the U.N.’s Global Call To Protect Religious Freedom meeting that was organized by the U.S.[1] After Vice President Mike Pence’s introduction, the President delivered his remarks followed by comments from Secretary of State Michael Pompeo.

 Vice President Pence’s Remarks[2]

“it is my great honor to be here today with the President of the United States to reaffirm America’s commitment to what the people of our nation have always believed: that every person is endowed by our Creator with certain inalienable rights.  And Americans have always believed our first freedom is the freedom of religion.”

“And there’s no better time for a meeting like this on the world stage.  As we gather here at the United Nations, more than 80 percent of the world’s population live in nations where religious freedom is threatened or banned.”

“The regime in Iran brutally persecutes Christians, Sunnis, Bahai’i, and Jews. In Iraq, Iran-backed militias terrorize Christians and Yazidis who were nearly wiped out by ISIS’s recent campaign of genocide. The Communist Party in China has arrested Christian pastors, banned the sale of Bibles, demolished churches, and imprisoned more than a million Uighurs in the Muslim population.”

“In our hemisphere, the regime of Daniel Ortega is virtually waging war on the Catholic Church in Nicaragua.  And in Venezuela, the dictator Nicolás Maduro uses anti-hate laws to prosecute clergy, even as his media cronies spread anti-Semitism by trivializing the Holocaust.”

“Communities of faith across the wider world have also faced unspeakable acts of violence in places of worship, shocking the conscience of the world.”

“In October, 11 Jews were murdered in the Tree of Life Synagogue massacre in Pittsburgh, Pennsylvania.  In March, a gunman killed 51 Muslims at prayer in two mosques in Christchurch, New Zealand.  And just a month later, suicide bombers murdered more than 300 Christians during Easter services at three Christian churches in Sri Lanka.”

“These attacks strike at the heart of everything free peoples hold sacred.  And the threats of religious freedom and the attacks on people of faith underscore why President Trump has taken such decisive action, since the very first days of our administration, to build and promote our nation’s proud tradition of advancing religious freedom.  And that continues today.”

“At the President’s direction, the United States created the Genocide Recovery and Persecution Response Program, and we’ve provided more than $370 million to aid ethnic minorities in faith communities persecuted by ISIS in Iraq and throughout the region.”[3]

“Earlier this year, at the President’s direction, the Secretary of State held the second annual Ministerial to Advance Religious Freedom, inviting more than a thousand civil society and religious leaders, in 100 different nations, to the largest event of its kind in the world.”[4]

“And last year, at the inaugural ministerial, at the President’s direction, we established the International Religious Freedom Fund, which already has received nearly $5 million in pledges and given over 435 Rapid Response Grants to those persecuted for their deeply held beliefs.  And to date, this effort has helped some 2,000 victims of religious persecution around the world.”[5]

“As the President often says, America is a nation of faith, and we will always stand for the freedom of religion of every person, of every race and every creed, to live, to work, to worship according to the dictates of their conscience.

“And today, giving evidence of his passion for religious liberty, the President will announce additional steps that the United States will take to protect religious liberty and defend people of faith around the world.”

“Today, I ask all nations to join us in this urgent moral duty.  We ask the governments of the world to honor the eternal right of every person to follow their conscience, live by their faith, and give glory to God.  The United States has a vital role in this critical mission.”

“It is my high honor and distinct privilege to introduce to you a tireless champion of the freedom of religion and people of every faith in America and around the world, the 45th President of the United States of America, President Donald Trump.”

President Trump’s Message[6]

“The United States is founded on the principle that our rights do not come from government; they come from God.  This immortal truth is proclaimed in our Declaration of Independence and enshrined in the First Amendment to our Constitution’s Bill of Rights.  Our Founders understood that no right is more fundamental to a peaceful, prosperous, and virtuous society than the right to follow one’s religious convictions.”

“Regrettably, the religious freedom enjoyed by American citizens is rare in the world.  Approximately 80 percent of the world’s population live in countries where religious liberty is threatened, restricted, or even banned.”

“As we speak, Jews, Christians, Muslims, Buddhists, Hindus, Sikhs, Yazidis, and many other people of faith are being jailed, sanctioned, tortured, and even murdered, often at the hands of their own government, simply for expressing their deeply held religious beliefs.”

“Today, with one clear voice, the United States of America calls upon the nations of the world to end religious persecution.”

“To stop the crimes against people of faith, release prisoners of conscience, repeal laws restricting freedom of religion and belief, protect the vulnerable, the defenseless, and the oppressed, America stands with believers in every country who ask only for the freedom to live according to the faith that is within their own hearts.”

“As President, protecting religious freedom is one of my highest priorities and always has been.  Last year, our Secretary of State, Mike Pompeo, hosted the first-ever Ministerial to Advance International Religious Freedom. In this year’s ministerial, Secretary Pompeo announced plans to create the International Religious Freedom Alliance — an alliance of like-minded nations devoted to confronting religious persecution all around the world.[7]

“I’ve appointed a special envoy to monitor and combat anti-Semitism.  We’re standing up for almost 250 million Christians around the world who are persecuted for their faith.  It is estimated that 11 Christians are killed every day for . . . following the teachings of Christ.”[8]

After reviewing some of the recent violence against religious people and buildings, the President said, “These evil attacks are a wound on all humanity.  We must all work together to protect communities of every faith.  We’re also urging every nation to increase the prosecution and punishment of crimes against religious communities.  There can be no greater crime than that.  This includes measures to prevent the intentional destruction of religious sites and relics.  Today, the Trump administration will dedicate an additional $25 million to protect religious freedom and religious sites and relics.”

“The United States is forming a coalition of U.S. businesses for the protection of religious freedom.  This is the first time this has been done.  This initiative will encourage the private sector to protect people of all faiths in the workplace.  And the private sector has brilliant leadership.  And that’s why some of the people in this room are among the most successful men and women on Earth.  They know how things get done and they know how to take care of things.”

“ I want to once again thank all of the survivors in the room for their courage and resilience.  You’re an inspiration to the world.  You remind us that no force on Earth is stronger than the faith of religious believers.  The United States of America will forever remain at your side and the side of all who seek religious freedom.”

“Today, I ask all nations to join us in this urgent moral duty.  We ask the governments of the world to honor the eternal right of every person to follow their conscience, live by their faith, and give glory to God.  The United States has a vital role in this critical mission.”

“It is my high honor and distinct privilege to introduce to you a tireless champion of the freedom of religion and people of every faith in America and around the world, the 45th President of the United States of America, President Donald Trump.”

Secretary Pompeo’s Remarks[9]

After thanking the many world leaders at the meeting, Vice President Pence and President Trump, Pompeo said, “The Bible says that ‘Whatever is true, whatever is honorable, whatever is just, whatever is pure, whatever is pleasing, whatever is commendable, if there is any excellence and if there is anything worthy of praise,  think about these things.’ [Bible, Philippians 4:8 (NRSV)]] And that’s what we are all doing here today.

“As you heard, religious freedom is under threat all around the world.” He then introduced  three individuals who talked about “their struggles on behalf of this first freedom, this important and unalienable right:” Dabrina Bet-Tamraz (Iran), rabbi Faiz Algaradi (Yemen) and Jewher Ilham (China).

Pompeo closed by mentioning “the International Religious Freedom Alliance the State Department announced in July. It is the most ambitious human rights project launched in a generation. We aim to bring together like-minded countries, faith leaders, civil society groups, and international organizations around the world to promote religious freedom in a more consistent, organized, and powerful way. The foundation of the alliance is Article 18 of the Universal Declaration of Human Rights, which begins, ‘Everyone has the right to freedom of thought, conscience, and religion.’”

“So if you’re a country that takes human rights seriously, understanding its many benefits for peace, security, and prosperity, please come join us. If you’re a country that stands for human dignity and for freedom of conscience, please come join us. And if you’re a leader simply moved by the stories you’ve heard from these brave survivors today, come join us. Turn your sympathy for them into freedom for others. Please reach out to our Ambassador at Large for International Religious Freedom Sam Brownback.”

“The United Nations is only as strong as its sovereign members determine it will be. Our belief in our principles is only as strong as our confidence to express them. I ask – indeed, I pray – that you will help be a voice for the voiceless by joining the International Religious Freedom Alliance. May God bless the survivors who are here with us today, may God bless the United States of America, and may God bless the nations who have gathered with us here this morning.”

Conclusion

Since the U.S. chose not to attend the U.N. Climate Change Summit, the U.S. possibly believed that it needed to organize another event at the U.N. that day so that it did not appear that the U.S. was avoiding the U.N. and instead that the U.S. had some positive news coverage. It also is another event consistent with the State Department’s Commission on Unalienable Rights.

The basics of the Global Call To Protect Religious Freedom are laudable, and it also is true that there is religious persecution in the world today. However, the unspoken political motivation of this presidential administration—appealing to its evangelical Christian supporters—also is apparent, and Democrats need to be cautious in criticizing this event.

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[1] Liptak, Trump will hold session on religious persecution instead of attending UN climate summit, CNN (Sept. 21, 2019).

[2] White House, Remarks by Vice President Pence at the United Nations Event on Religious Freedom/New York, NY (Sept. 23, 2019).

[3] White House, Remarks by Vice President Pence at Ministerial To Advance Religious Freedom (July 26, 2018).

[4] U.S. State Department’s Second Ministerial To Advance Religious Freedom, dwkcommentaries.com (July 21, 2019).

[5]  State Department’s First Ministerial To Advance Religious Freedom, dwkcommentaries.com (July 7, 2019).

[6] White House, Remarks by President Trump at the United Nations Event on Religious Freedom/New York, NY (Sept. 23, 2019).

[7] E.g., Banks, As religious freedom summit ends, State Department announces new alliance, sanctions, Nat’l Cath. Reporter (July 19, 2019)

[8]  State Dep’t, About Us—Special Envoy to Monitor and Combat Anti-Semitism.

[9] State Dep’t, Secretary Michael R. Pompeo at the United Nations Event on Religious Freedom (Sept. 23, 2019). h

Busy Week for U.S. at U.N. 

The week of September 23 is a busy one for the U.S. at the U.N. in New York City.

On Monday (September 23), the U.N. held a Climate Change Summit that the U.S. chose not to attend (except for a few minutes non-speaking attendance by President Trump). Instead, the U.S. hosted the Global Call To Protect Religious Freedom at the U.N. with appearances by President Trump, Vice President Pence and Secretary of State Pompeo.

Also on September 23 the U.S. Secretary of the Department of Health and Human Services, Alex Azar, addressed another U.N. meeting on universal health care with perhaps the most signficant comments of the day.

On Tuesday (September 24) President Trump made a major speech to the U.N. General Assembly.

Subsequent posts will examine each of these events. (If anyone knows of other major U.S.-U.N. events this week, please identify them in a comment to this post.)

Continued Official Uncertainty Over Cause of Medical Problems of U.S. Diplomats in Cuba     

There has been lots of news over the U.S. diplomats with medical problems from serving in Cuba. But there is still official uncertainty over the cause of those problems and resulting cooler Cuba relations with the U.S. and warmer relations with Russia.

U.S. Trying To Hide the Attacks?[1]

CBS News on October 10 reported that one of the 22 U.S. diplomats who has suffered from purported “sonic attacks” in Cuba had asserted that the U.S. was trying to hide the attacks.

In addition, this individual reportedly told CBS that the attacks had happened at the Embassy itself, their Havana quarters and hotels, that the State Department “pressured” some U.S. embassy officials who had been injured to remain on the island and “waited too long” to withdraw personnel and that the initial treatment by doctors in Havana and at the University of Miami Hospital in the U.S. was “superficial and incomplete.”

The State Department denied these allegations later the same day.[2] Its Spokesperson, Heather Nauert, at a press briefing, said, “We have an ongoing investigation that’s being spearheaded out of the [U.S.] with our best investigators on that, so they continue to move ahead with that investigation. We still don’t know who is responsible and we still don’t know what is responsible for the injuries of our American staff.” (Emphasis added.)

Pressed by other reporters about the above comments by one of the victims and by the Department’s recent identification of only two Havana hotels where some of the attacks occurred, Nauert said the following:

  • “I was just speaking with one of our colleagues who served down there in Cuba and is recently back here in the [U.S.]. And I asked this person that very question: ‘How do you feel that we responded?’ And I’ve asked numerous of my colleagues that very question. . . . [W]e all care deeply about how our folks are doing down there. And I asked the question, ‘Do you feel supported by us? Do you feel that we were quick enough to respond?’ And the answer I got back was ‘yes.’ . . . it took a while to put this together, because the symptoms were so different.”
  • “But this person said to me once we figured out a pattern, . . . the State Department was extremely responsive. This person said to me that they . . . never felt the pressure to stay in Cuba, although they wanted to make it clear that they wanted to serve down there. These folks love what they’re doing, they feel a real dedication to . . .our mission down there in Cuba, the activities that they were involved with on behalf of the U.S. Government with local Cubans, and they were encouraged by the State Department to come forward, please get tested if you feel like you’ve had some sort of symptoms or something.”
  • “I don’t have the actual timeline in front of me that lays out when attacks took place at different locations, and I’m not even sure that that is something that we’re making public. But once we started to figure out what this was all about and started to investigate and realized that we were not able to protect our people, that’s when the Secretary made [the decision to reduce U.S. personnel at the Embassy in Havana].”

U.S. Government Statements About the Attacks and Relations with Cuba

On October 12 White House Chief of Staff, John Kelly, provided a very unusual press briefing. Unusual because the chief of staff rarely, if ever, provides such a briefing. The apparent major reason for the briefing was to provide a platform for him to deny that he was quitting or being fired as chief of staff. In addition, in response to a reporter’s question, Kelly stated, “We believe that the Cuban government could stop the attacks on our diplomats.”  But he provided no bases for that belief and was not challenged with additional questions by the journalists.[3] (Emphases added.)

Later that same day Kelly’s comment was interpreted (or qualified) by the State Department spokeswoman, Heather Nauert, who said, “General Kelly, when he said we believe that they can stop the attacks, I think what he was referring to was, one, we have the Vienna Convention [on Diplomatic Relations]. And under the Vienna Convention, . . . the Government of Cuba, has a responsibility to ensure the safety of our diplomatic staff. That didn’t happen. But there’s also another well-known fact, and that is that in a small country like Cuba, where the government is going to know a lot of things that take place within its borders, they may have more information than we are aware of right now.”[4] (Emphases added.)

The next day, October 13, President Trump addressed the 2017 Values Voter Summit.  It included the following comment: “We’re confronting rogue regimes from Iran to North Korea and we are challenging the communist dictatorship of Cuba and the socialist oppression of Venezuela. And we will not lift the sanctions on these repressive regimes until they restore political and religious freedom for their people.”[5] (Emphases added.)

Two days earlier (October 11) Vice President Mike Pence delivered a speech at a National Hispanic Heritage Month celebration at the Naval Observatory in Washington, D.C. in which he referred to meeting people from the Cuban communities here in the U.S., and had seen “the spirit of the Cuban exile community in this country firsthand.” On that same day, the Vice President continued. “President Trump announced a new policy to ensure that U.S. dollars will no longer prop up a military monopoly that exploits and abuses the Cuban people. Under this administration, it will always be “Que viva Cuba libre!”[6] (Emphases added.)

Sound Recording[7]

The Associated Press obtained an audio recording of what some of the U.S. personnel in Cuba heard.  Says the AP, it “sounds sort of like a mass of crickets. A high-pitched whine, but from what? It seems to undulate, even writhe. Listen closely: There are multiple, distinct tones that sound to some like they’re colliding in a nails-on-the-chalkboard effect.”  The AP adds that it has “reviewed several recordings from Havana taken under different circumstances, and all have variations of the same high-pitched sound.”

Similar Problems at U.S. Embassy in Moscow, 1953-1976[8]

The BBC reports that in May 1953 U.S. officials at the Moscow embassy detected a microwave frequency that oscillated above the upper floors at certain times, sometimes up to eight hours a day, and that autumn some embassy workers felt inexplicably ill. At first it was dizziness, palpitations, headaches, blood pressure too high or too low. But no one understood what was happening.

In 1962, those who were still there or even those who had already left had more severe symptoms: sudden cataracts, alterations in blood tests or chromosomes. In 1965 the U.S. began what was known as the “Moscow Viral Study,” a multimillion-dollar operation in which scientists apparently looked for the potential exposure of workers to an unknown strain of a mysterious and potent virus. The eventual conclusion was the Soviets were “bombing” the U.S. embassy with very low-level microwaves, which the U.S. called the “S ENAL Moscow.” This persisted until April 1976.

Cubans Doubt[9]

From Cuba, the Associated Press reports that “the common reaction in Havana is mocking disbelief” about the attacks.

The same tone was struck by Miguel Diaz-Canel, the first vice president who is widely expected to succeed Raul Castro when he steps down as president in February. He said, “A few spokespeople and media outlets have lent themselves to divulging bizarre nonsense without the slightest evidence, with the perverse intention of discrediting Cuba’s impeccable behavior.”

Mass Hysteria?[10]

Journalists from the Guardian newspaper in London reported that “senior neurologists” say that ”no proper diagnosis is possible without more information and access to the 22 US victims,” but speculate that the diplomats’ ailments could have been caused by “mass hysteria.”

Cuba-Russia Relations[11]

According to the Miami Herald, “after the election of President Donald Trump, the pace of [Cuba’s] bilateral contact with Russia has been frantic,” even more so after the eruption of U.S.-Cuba relations associated with the medical problems of U.S. diplomats. Here are such examples:

  • Just days before Foreign Minister Rodriguez’ September 26 meeting with Secretary of State Tillerson at the State Department, the Minister met with his Russian counterpart Sergei Lavrov on the sidelines of the U.N. General Assembly gathering. The conversation was “confidential,” according to a press release issued by the Russian Foreign Ministry.
  • On July 26 Cuban diplomat Josefina Vidal, the main negotiator with the U.S., went to Moscow and met with Deputy Foreign Minister Sergei Ryabkov.
  • Cuba’s ambassador to Russia has met with Ryabkov at least five times so far, this year.
  • Last December, just after the election of Mr. Trump, Russia and Cuba signed an agreement to modernize the Cuban army, and this year Russian officials — including military personnel — have made frequent visits to Havana.
  • In March, the Russian company Rosneft signed an agreement to ship 250,000 tons of crude oil and diesel to offset the decline in Venezuelan oil shipments to Cuba.
  • Rosneft also has discussed other joint projects with Cuba for oil extraction and the possibility of modernizing the Cienfuegos refinery, operated jointly by Cuba’s CUPET and Venezuela’s PDVSA.
  • In April, Russia offered to fund $1.5 million in U.N. projects in Cuba for hurricane recovery and later pledged to support recovery efforts following damage caused by Irma.
  • In September, Cuban Vice President and Minister of Economy Ricardo Cabrisas signed a package of agreements with Russia in the energy, rail transport and elevator-supply sectors.
  • Recently, Cuban news agency Prensa Latina, which has an office in Washington, and the Russian news agency Sputnik signed an official cooperation agreement.

These developments are no surprise to Richard Feinberg, an expert at Brookings Institution and a former U.S. policymaker for Latin America during Bill Clinton’s administration. He says, “[Vladimir] Putin’s message is not difficult to understand. [He] longs to regain the past imperial glory and relations with Cuba follow that same pattern.” Feinberg added, “From the point of view of the Cubans, they are looking to diversify their relationships. As closer economic relations with the U.S. do not seem likely for at least the next few years, they are looking for alternative allies, especially from countries with strong states like Russia and China that can offer favorable payment terms, something very welcome in an economy with poor international credit standards.”

Conclusion

In the above and the many other reports about the medical problems affecting some U.S. personnel serving in Cuba, I find it astounding that there still is official uncertainty about the cause or causes of the medical problems.

It also is astounding that no journalist or other commentator has publicly asked whether the U.S. has investigated whether the problems were caused by a secret and perhaps malfunctioning U.S. program or device and if so, to provide details. Such a possibility would help explain the delay in the U.S. public announcement of this set of medical problems and the apparent U.S. reluctance to share details of its investigation with Cuban investigators, all as discussed in previous posts to this blog. Moreover, this possibility would render various U.S. reactions—reducing the U.S. personnel at the U.S. Embassy in Havana, expulsion of 15 Cuban diplomats and the latest U.S. travel warning—as cover ups and as excuses for additional tightening of U.S. screws on Cuba.

Moreover, Trump’s hostile rhetoric and actions regarding Cuba, which are unjustified in and of themselves, have adverse effects on other important U.S. interests, including the prevention of increasing Russian influence in Latin America.

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[1] Cuba victim tells CBS News “complaints were ignored,” CBS News (Oct. 10, 2017); ‘Washington was trying to hide the acoustic attacks,’ says one of the victims, Diario de Cuba (Oct. 10, 2017).

[2] U.S. State Dep’t, Department Press Briefing—October 10, 2017.

[3]  White House, Press Briefing by Press Secretary Sarah Sanders and Chief of Staff General John Kelly   (Oct. 12, 2017); Assoc. Press, White House Says Cuba Could Stop Attacks on Americans, N.Y. Times (Oct. 12, 2017).

[4] U.S. State Dep’t, Department Press Briefing-October 12, 2017.

[5] White House, Remarks by President Trump at the 2017 Values Voter Summit (Oct. 13, 2017); Reuters, U.S. to Maintain Cuba, Venezuela Sanctions Until Freedoms Restored: Trump, N.Y. Times (Oct. 13, 2017).

[6] White House, Remarks by Vice President Mike Pence at National Hispanic Heritage Month Reception (Oct. 11, 2017)

[7] Assoc. Press, Dangerous Sound? What Americans Heard in Cuba Attacks, N.Y. Times (Oct. 13, 2017).

[8] Lima, The “Moscow Sign”, the mysterious Soviet Union bombardment of the US embassy, which lasted more than two decades during the Cold War, BBC News (Oct. 14, 2017).

[9] Assoc. Press, ‘Star Wars’ Fantasy? Cubans Doubt US Sonic Attacks Claims, N.Y. Times (Oct. 13, 2017).

[10] Borger & Jaekl, Mass hysteria may explain ‘sonic attacks’ in Cuba, say top neurologists, Guardian (Oct. 12, 2017).

[11] Gámez, Amidst growing tensions with U.S., Cuba gets cozier with Russia, Miami Herald (Oct. 13, 2017).

U.N. Human Rights Council Is Warned About Human Rights Violations

The U.N. Human Rights Council, which is responsible for strengthening the promotion and protection of human rights around the globe, addressing situations of human rights violations and making recommendations on the subject, [1] is in the midst of its 28th regular session at its headquarters in Geneva Switzerland with the session ending on March 27th. [2]

Zeid Ra-al Al Hussein
Zeid Ra-ad Al Hussein

At the opening of the session on March 2 the U.N. High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, [3] set forth his concerns on human rights. Three days later, on March 5th, he commented on his annual report on human rights. This post will examine both of these speeches.

From March 2 through 5, the Council conducted what it called its High Level Segment, in which national leaders addressed the Council on the overall subject of human rights. Two of those national leaders were U.S. Secretary of State john Kerry and Cuban Foreign Minister, Bruno Rodriguez Parrilla. Their remarks will be covered in subsequent posts while another post will analyze those remarks and the speeches of the High Commissioner.

High Commissioner’s Speech, March 2nd [4]

The “cruelty and moral bankruptcy of violent extremists . . . continue daily, and we condemn their merciless conduct daily.”

“And yet, if we are not careful, if we are not completely principled and cunning in our collective attempt to defang them, we will, unwittingly and inexcusably, be advancing their interests. How we define the opening chapters of this already agitated century depends heavily on us not becoming like them.  For us, international humanitarian law and international human rights law cannot be trifled with or circumvented, but must be fully observed.”

“It has been 70 years since the great Charter of the [U.N.] was drawn up, and since then States have also written and agreed to a range of strong international treaties, to establish in binding law the legal principles of human rights. They are a distillation of all human experience, all the warnings and screams of our combined human history.” By “ratifying the U.N. Charter, [states] have made a clear commitment [in the words of its Preamble] to ‘reaffirm faith in fundamental human rights; in the dignity and worth of the human person; in the equal rights of men and women, and of nations large and small; and to establish conditions under which justice and respect for the obligations arising from treaties, and other sources of international law, can be maintained; and to promote social progress, and better standards of life in larger freedom.’”

“And yet, with alarming regularity, human rights are disregarded, and violated, sometimes to a shocking degree.”

“States claim exceptional circumstances. They pick and choose between rights. One Government will thoroughly support women’s human rights and those of the LGBT communities, but will balk at any suggestion that those rights be extended to migrants of irregular status. [U.S.?] Another State may observe scrupulously the right to education, but will brutally stamp out opposing political views. [Cuba?] A third State comprehensively violates the political, civil, economic, social and cultural rights of its people, while vigorously defending the ideals of human rights before its peers.”

“In recent months I have been disturbed deeply by the contempt and disregard displayed by several States towards the women and men appointed by [the Council] as [its] independent experts – and also by the reprisals and smear campaigns that are all too frequently exercised against representatives of civil society, including those who engage with the Council and its bodies.  I appeal to all of you, once again, to focus on the substance of the complaint, rather than lash out at the critic – whether that person is mandated by States, is a member of my Office, or is a human rights defender.”

“The overwhelming majority of victims of human rights abuses around the world share two characteristics: Deprivation, and discrimination – whether it is based on race or ethnicity, gender, beliefs, sexual orientation, caste or class. From hunger to massacres, sexual violence and slavery, human rights violations are rooted in these hidden, and sometimes not so hidden, factors.”

“They are not spontaneously generated. Most violations of human rights result from policy choices, which limit freedom and participation, and create obstacles to the fair sharing of resources and opportunities.”

“The most powerful instrument in the arsenal we have against poverty and conflict is the weapon of massive instruction. Respect for the human rights of all, justice, education, equality – these are the strongly interlocking elements that will build fair, confident and resilient societies; true development; and a permanent peace.”

“Everybody knows when police use torture, and when tweets are brutally suppressed.  Everybody knows when discrimination means poverty, while corrupt elites gorge on public goods, supported by a corrupt judiciary.  Everybody knows when women are treated like property, and children go hungry, and unschooled, in squalid neighborhoods.”

“Some of the evidence may be hidden. But the reality, in far too many countries, of massacres and sexual violence; crushing poverty; the exclusive bestowal of health-care and other vital resources to the wealthy and well-connected; the torture of powerless detainees [U.S.?]; the denial of human dignity – these things are known. . . . [T]hey are what truly make up a State’s reputation; together with the real steps – if any – taken by the State to prevent abuses and address social inequalities, and whether it honors the dignity of its people.”

“The only real measure of a Government’s worth is . . . the extent to which it is sensitive to the needs – and protects the rights – of its nationals and other people who fall under its jurisdiction, or over whom it has physical control.”

“Some policy-makers persuade themselves that their circumstances are exceptional, creating a wholly new reality unforeseen by the law. This logic is abundant around the world today:  ‘I arrest arbitrarily and torture because a new type of war justifies it. I spy on my citizens because the fight against terrorism requires it. I don’t want new immigrants, or I discriminate against minorities, because our communal identity is being threatened now as never before. I kill without any form of due process, because if I do not, others will kill me.’ “

“I must remind you of the enduring and universal validity of the international human rights treaties that your States wrote and ratified. In reality, neither terrorism, nor globalization, nor migration are qualitatively new threats that can justify overturning the legal foundations of life on Earth.  They are not new.”

“At a time of intensifying global anxiety, I believe the people of the world are crying out for profound and inspiring leadership equal to the challenges we face.  We must therefore renew, by the strongest action, our dedication to the reality of inalienable and universal human rights, to end discrimination, deprivation, and the seemingly inexhaustible litany of conflicts and crises that generate such terrible, and needless, suffering.”

“What will become of us, of our world, if we ignore our treaties and principles? Can we be so stupid as to repeat scenes from the twentieth century, punctured as it was by such awful inhumanity?  You must not make it so.  This is principally your burden, and ours.  Together, if we succeed in turning the corner, in improving our global condition, we can then say the screams of history and of the millions upon millions of victims, have been heard, finally.  Let us make it so.”

High Commissioner’s Speech, March 5th [5]

The High Commissioner was “appalled by the massive suffering ISIL provokes [in Syria, Iraq and Libya]: from the murders, torture, rape and sale of children . . . ; to mass beheadings; burning people alive in cages; seemingly genocidal attacks on ethnic and religious groups; the obliteration of due process; torture; deprivation of income and every kind of service and resource; recruitment of children; the destruction of elements of the cultural heritage of humanity; and, not least, particularly vicious and comprehensive attacks on the rights of women and girls.” [Similar horrible actshe said, were perpetrated in Nigeria by Boko Haram and in Yemen and Somalia by other groups.]

“My Office strongly supports efforts by States around the world to prevent and combat terrorism, and to ensure that the perpetrators of terrorism, as well as their financiers and suppliers of arms, are brought to justice.”

“Terrorist attacks [,however,] cannot destroy the values on which our societies are grounded – but laws and policies can. Measures that build what has been termed the ‘national security state’ – such as arbitrary or prolonged detention; torture and ill-treatment; massive surveillance that contravenes the right to privacy; unfair trials; discriminatory policing; and the abusive use of legislation to curb legitimate rights to peaceful protest and to freedom of expression – are human rights violations. They generate legitimate resentment, harm social cohesion, and undermine the essential values of the international community.”

“There is real danger that in their reaction to extremist violence, opinion-leaders and decision-makers will lose their grasp of the deeper principles that underpin the system for global security which States built 70 years ago to ward off the horror of war. The fight against terror is a struggle to uphold the values of democracy and human rights – not undermine them. . . [C]ounter-terrorist operations that are non-specific, disproportionate, brutal and inadequately supervised violate the very norms that we seek to defend. They also risk handing the terrorists a propaganda tool – thus making our societies neither free nor safe. The use of torture, neglect of due process and collective punishment do not make the world any safer.”

“To be truly effective, any response to extremist violence must be targeted, proportionate, and legal. Military campaigns, financial sanctions and attempts to staunch the inflow of weapons – such as the United Nations Arms Trade Treaty – may be part of the solution.”

“But other actions are needed to stem the root causes that feed into these conflicts. We must acknowledge that large numbers of people do not join such extremist movements en masse because they have been suddenly and inexplicably hypnotized. Extremism – however repugnant – is nurtured by ideology, and by alienation fed by years of tyranny, corruption, repression, discrimination, deprivation and neglect of the legitimate rights of communities.”

He especially was “disturbed by a continuing trend of harsh restrictions on public freedoms by States across all regions. I refer to military crackdowns on demonstrations; harsh sentencing of human rights defenders, journalists and dissidents in politically motivated trials; brutal punishments for simple tweets; censorship; oppressive and illegitimate regulations of civil society movements; the use of new technologies to stifle human rights in the virtual space; and new security laws that are unjustly broad, endangering civil liberties and human rights.”

“And yet the great pillar of every resilient and participative society is freedom of expression. Freedom to formulate the ideas of equality led to the overthrow of colonialism, and has powered every movement against discrimination and injustice. To immunize against dictatorship or totalitarianism, to undo discrimination, to drive justice and accountability, we need freedom of expression – full and free and far-reaching. There is no good governance without free speech.”

The High Commissioner’s speech included specific criticisms of many countries. About the U.S., he said: “In the United States, the Senate report on torture in the context of counter-terrorism operations is courageous and commendable, but profoundly disturbing. For a country that believes so strongly in human rights to have swiftly abandoned their fundamentals at a time of crisis is as astonishing as it is deplorable. And yet few other countries have had the courage to likewise publicly investigate and publicly admit to rights abuses resulting from counter-terror operations – and many should.”

“Under international law, the [Senate] report’s recommendations must be followed through with real accountability. There is no prescription for torture, and torture cannot be amnestied. It should also lead to examination of the institutional and political causes that led the US to violate the absolute prohibition on torture, and measures to ensure this can never recur.”

“As the Senate report clearly demonstrates, the neglect of due process, use of torture and collective punishments that were permitted by US officials in the post-9/11 context did not make the world – or the US – any safer. On the contrary, they increased the threat of terrorism, by feeding into the grievances on which it thrives. The orange jumpsuits of Guantanamo are a recruitment tool for ISIL and other groups. As former President George W. Bush has conceded, Guantanamo became, I quote, ‘a propaganda tool for our enemies.’”

The High Commissioner also expressed regret at the renewed use of the death penalty in a number of countries – Jordan, Pakistan, and Indonesia – and “the continuing extensive use” of the death penalty in China, Iraq, Iran and the U.S.

In conclusion, he said, “It is the people who sustain government, create prosperity, heal and educate others and pay for governmental and other services with their labour. It is their struggles that have created and sustain States. Governments exist to serve the people – not the other way round.”

“Governments that protect human rights, combat discrimination and deprivation, and which are accountable to their people are more prosperous and more secure than those which stifle rights, hamper opportunities, and repress freedoms. When people’s rights are respected – when they are accorded dignity, have opportunities to express their skills and are given a fair share of resources – they form resilient societies. When they are wronged, their rights betrayed, there is a constant threat of turmoil. Respect for the human rights of the people is not destabilizing; but driving legitimate opposition underground is.”

 Conclusion

Speeches about human rights in international fora often are replete with platitudes. These speeches by the High Commissioner are not. While he condemns the horrible actions of ISIL and Boko Haram, these groups are not represented at the Council. Instead the countries that are represented are often the victims of their evil deeds. Therefore, the High Commissioner spent most of his time chastising the latter countries for failing to live up to the human rights commitments they have made as they are combatting terrorism. Moreover, these speeches address some countries by name and point our their failings.

In a later post we will look again at these speeches in the context of the issues of human rights in the process of U.S.-Cuba reconciliation.

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[1] The Human Rights Council has 47 member states elected by the U.N. General Assembly. Currently both the U.S. and Cuba are such members.

[2] Materials about the Council’s 28th session are available on its website.

[3] The High Commissioner for Human Rights is the principal human rights official of the U.N. and the head of the Office of the High Commissioner for Human Rights, which “spearheads the [U.N.’s] human rights efforts . . . by strengthening international human rights mechanisms; enhancing equality and countering discrimination; combating impunity and strengthening accountability and the rule of law; integrating human rights in development and in the economic sphere; widening the democratic space; and early warning and protection of human rights in situations of conflict, violence and insecurity.”

Prince Zeid Ra’ad Al Hussein of Jordan was unanimously elected the High Commissioner by the U.N. General Assembly in June 2014. His many years of diplomatic service include being Jordan’s Ambassador to the U.S., his country’s Permanent Representative to the U.N. and his serving as an officer of the International Criminal Court. He holds a Bachelor of Arts degree from The Johns Hopkins University and a Doctorate in Philosophy from Cambridge University.

[4] Al Hussein, Opening Speech to the High Level Segment of the Human Rights Council, U.N. (Mar. 2, 2015); UN Human rights Council, Human Rights council opens twenty-eighth session (Mar. 2, 2015); Schlein, UN Council: Rights Being Violated to ‘Shocking Degree,’ VOA (Mar. 2, 2015).

[5] Al Hussein, Opening Statement, Item 2, High Commissioner’s Annual Report, U.N. (Mar. 5, 2015); Member States must enforce human rights amid rising tide of extremism—UN rights chief , UN News (Mar. 5, 2015); Human rights principles in struggle against extremism—Zaid, U.N. (Mar. 5, 2015).

 

 

 

 

International Reaction to U.S.-Cuba Reconciliation

The overwhelming international response to the December 17th announcement of U.S.-Cuba reconciliation has been very positive, especially in Latin America. Future posts will examine the responses in Cuba and the U.S.

Latin American Reactions [1]

Virtually all Latin American countries had been increasingly frustrated with the 50 years of estrangement and hostility between the U.S. and Cuba. According to a historian of the region, Enrique Krauze, “Cuba has been the epicenter of anti-Americanism in modern Latin America” and the Cuban Revolution of 1959 “opened a new cycle of anti-Americanism.” 

Now, Krauze continues, the U.S. has renounced its “imperial destiny and recovers much of the moral legitimacy needed to uphold the democratic ideals that led to its foundation (and also of the countries of Latin America).”

The President of Brazil congratulated Raul Castro, Obama and Pope Francis. Similar comments were made by the leaders of Mexico, Peru, Colombia and Nicaragua.

Jose Miguel Insulza, Secretary General of the Organization of American States, the regional forum where Cuba’s seat has been empty since 1962, said Obama’s decision removed a major irritant in Washington’s relations with Latin America. “This ends the attempt to isolate Cuba for so long. Cuba is undertaking a process of economic reforms that will, I hope, lead to political reforms.”.

These reactions were emphasized by U.S. Assistant Secretary of State, Roberta Jacobson, who said, ““Our previous Cuba policy was clearly an irritant and a drag on our policy in the region,”  adding that it had caused friction even with countries friendly to Washington. She said that countries “with whom we have significant differences are going to be, let’s say, thrown off their stride by a move like this.”“It removes an excuse for blaming the United States for things,” she added.

The Wall Street Journal reported the day after the announcement of the detente that government officials, diplomats and scholars believe this change has “the potential to redraw political and economic alliances across the hemisphere,” especially with countries like Argentina, Ecuador and others. It will be most difficult for Venezuela, which has held “a long-held animosity toward El Imperio–the empire.”

But the President of Venezuela immediately called the detente a “victory for Fidel and the Cuban people” while also acknowledging President Obama’s “courage” in “perhaps the most important step of his presidency.”

On January 26th the United Nations Economic Commission for Latin America and the Caribbean (ECLAC) [2] applauded the agreement’s making possible Cuba’s attending the Summit of the Americas in Panama this coming April.

European Reactions [3]

On the day after the historic announcement, the European Union released a statement hailing it as a “historic turning point.” It continued, “Today another Wall has started to fall. These moves represent a victory of dialogue over confrontation.”

The leading newspaper of Spain, El Pais, editorialized, “Today, when freedom seems to be calling for an end to the doors of Cuba, Spain must accompany Cubans in their new journey: supporting their political, economic and social modernization, with clarity, consistency and realism; aware of the limits of his diplomatic skills-but place value on the european-dimension and also aware that resetting relations with Cuba, the United States restored its relations with Latin America.”

Positive comments of the change came from leaders of Germany, Italy, France and Spain.

Other International Reactions [4]

Canada, we recall, hosted some of the secret U.S.-Cuba negotiations that resulted in the December 17th announcement of the start of the process of their reconciliation. Afterwards Canada’s Foreign Minister, John Baird, said, “”I agree with this policy. I don’t think previous U.S. policy has been effective. If you flood Cuba with American values, American people, and American investment, it will help transform the country.”

U.N. Secretary General, Ban Ki-moon, said at a press conference on December 17th, “I have been informed in advance by the US Government.  This news is very positive.  I’d like to thank President Barack Obama of the United States and President Raul Castro for taking this very important step towards normalizing relations.  As much of the membership of the United Nations has repeatedly emphasized through General Assembly resolutions during the last many, many years, it is time that Cuba and the United States normalize their bilateral relations.  In that regard, I heartily welcome today’s development.  I sincerely hope these measures, this announcement will help to expand further the exchanges between the two peoples who have been separated quite a long time.  The United Nations stands ready to help both countries to cultivate their good neighbourly relations.”

Conclusion

I would appreciate comments identifying other international reactions.

As was anticipated in the December 17th announcements by presidents Obama and Castro and as we already have seen, the path to lasting reconciliation is not easy for either country. There are many unresolved issues for the two countries over the last 50-plus years.

These words of congratulations from around the world will have to justified by the further negotiations of the two countries. If they fail to resolve these issues, the international reaction will be severe, and if other countries and international organizations believe the U.S. was primarily responsible for such failure, then there could be even worse anti-Americanism unleashed.

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[1] Rebussio, Maduro: It is a victory for Fidel and the Cuban people, El Pais (Dec. 17, 2014); Mezzi, Venezuela is left alone, El Pais (Dec. 17, 2014); Anderson, Mynaya & Vyas, Detente Scrambles Political Calculus in Latin America, W.S.J. (Dec. 18, 2014); Assoc. Press, AP Analysis: U.S. Was at Odds With World Over Cuba Policy, N.Y. Times (Dec. 18,2014); Romero & Neuman, Cuba Thaw Lets Rest of Latin America Warm to Washington, N.Y. Times (Dec. 18, 2014); Assoc. Press, Latin America Cheers U.S.-Cuba Rapprochement, N.Y. Times (Dec. 18,2014);  Krauze, End of Anti-Americanism?, N.Y. Times (Jan. 7, 2015); ECLAC applauds presence of Cuba in Summit of the Americas, Granma (Jan. 26, 2015)

[2] ECLAC was established by the U.N. in 1948 to contribute to the economic development of the region and to promote its social development. Its 44 members include 11 from Asia (Japan and Republic of Korea), Europe (France, Germany, Italy, Netherlands, Portugal, Spain and United Kingdom) and North America (Canada and U.S.) with historical, economic and cultural ties to the region. In addition, 13 non-independent Caribbean territories are associate members. 

[3] Rebussio, Maduro: It is a victory for Fidel and the Cuban people, El Pais (Dec. 17, 2014); Reuters, “Another Wall Falls:’ Europe Hails U.S.-Cuba Breakthrough, N.Y. Times (Dec. 18, 2014); Editorial, With Cuba, El Pais (Dec. 21, 2014).

[4] Goldberg, Canada’s Foreign Minister:U.S. Influence Will Make Cuba Better, Atlantic (Dec. 21, 2014), Reuters, U.N.‘s Ban Hails Obama for ‘Courageous’ Cuba Move, N.Y. Times (Dec. 20, 2014); U.N., Press Conference by Secretary-General Ban Ki-moon at United Nations Headquarters (Dec. 17, 2014).

United Nations’ Focus on Freedom of Religion or Belief

U.N. Human Rights Council
U.N. Human Rights Council

 

The United Nations’ Human Rights Council [1] has a Special Rapporteur on freedom of religion or belief. This official’s mandate is the following:

  • “to promote the adoption of measures at the national, regional and international levels to ensure the promotion and protection of the right to freedom of religion or belief;
  • to identify existing and emerging obstacles to the enjoyment of the right to freedom of religion or belief and present recommendations on ways and means to overcome such obstacles;
  • to continue her/his efforts to examine incidents and governmental actions that are incompatible with the provisions of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief and to recommend remedial measures as appropriate; and
  • to continue to apply a gender perspective, inter alia, through the identification of gender-specific abuses, in the reporting process, including in information collection and in recommendations.”

In order to fulfill this mandate, the Special Rapporteur transmits urgent appeals and letters of allegation to States with regard to cases that represent infringements of, or impediments to, the exercise of the right to freedom of religion and belief; undertakes fact-finding country visits; and submits annual reports to the U.N. Human Rights Council and the U.N. General Assembly, on the activities, trends and methods of work.

This official also has issued the “Rapporteur’s Digest on freedom of religion or belief,” which includes excerpts of its reports from 1986 to 2011. The following is its table of contents:

I. Freedom of religion or belief

  • Freedom to adopt, change or renounce a religion or belief
  • Freedom from coercion
  • The right to manifest one’s religion or belief
  • a. Freedom to worship
  • b. Places of worship
  • c. Religious symbols
  • d. Observance of holidays and days of rest          
  • e. Appointing clergy
  • f. Teaching and disseminating materials (including missionary activity)
  • g. The right of parents to ensure the religious and moral education of their children
  • h. Registration
  • i. Communicate with individuals and communities on religious matters at the national and international level
  • j. Establish and maintain charitable and humanitarian institutions/solicit and receive funding
  • k. Conscientious objection

II. Discrimination

  • Discrimination on the basis of religion or belief/inter-religious discrimination/tolerance
  • State religion

III. Vulnerable groups

  • Women
  • Persons deprived of their liberty
  • Refugees
  • Children
  • Minorities
  • Migrant workers

IV. Intersection of freedom of religion or belief with other human rights

  • Freedom of expression including questions related to religious conflicts, religious intolerance and extremism
  • Right to life, right to liberty
  • Prohibition on torture and other cruel, inhuman or degrading treatment or punishment

V. Cross-cutting issues

  • Derogation
  • Limitation
  • Legislative issues
  • Defenders of freedom of religion or belief and non-governmental organizations

This position was created in 1986 by the U.N. Commission on Human Rights and in 2013 was continued by the Commission’s successor, the U.N. Human Rights Council.

Heiner Bielefeldt
Heiner Bielefeldt

The current Special Rapporteur is Mr. Heiner Bielefeldt, the Professor of Human Rights and Human Rights Politics at the University of Erlangen-Nürnberg, Germany. From 2003 to 2009, he was the Director of Germany’s National Human Rights Institution. Mr. Bielefeldt’s research interests include various interdisciplinary facets of human rights theory and practice, with a focus on freedom of religion or belief.

Last month (July 2014) the Special Rapporteur completed a visit to Vietnam and issued a statement about his visit. He said he had heard quite a number of allegations in that country of harassment, house arrests, imprisonment, destruction of houses of worship, beatings and pressuring people to join official religions and renounce their own. He said he could not make full assessment of individual cases, but concluded “there are serious violations of freedom of religion or belief taking place in this country.” (Assoc. Press, UN Official: Vietnam Violates Religious Freedom, N.Y. Times (July 31, 2014).[2]

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[1] The U.N. Human Rights Council was the subject of an earlier post.

[2] The U.S. Commission on International Religious Freedom recent report designated Vietnam as a “country of particular concern” (CPC) or one that has engaged in or tolerated “particularly severe” violations of religious freedom. The Commission also recommended that the State Department make the same designation, but the Department’s recent report did not do so even though it said, “Many requests by religious groups for registration [in Vietnam] remained unanswered or were denied . . . . Many unregistered religious groups reported abuses, with a particularly high number of reports coming from the Central and Northwest Highlands. These included allegations of beatings, arrests, detentions, and criminal convictions.”

U.S.’ Latest Assessment of Cuba’s Record on Human Trafficking

As mentioned in a prior post about the recent U.S. Department of State’s Trafficking in Persons Annual Report 2014, the Department gave Cuba the worst ranking (Tier 3). This post examines that assessment (Report at 148-50).

Positive Aspects of Cuban Record on Trafficking

Even though the Report reached an overall negative evaluation of Cuba’s record on this subject, a close examination of the Report uncovers many positive comments about that record.

First, the Report admits that on July 20, 2013, Cuba acceded to the 2000 UN TIP Protocol, a key multilateral treaty on the subject.[1]

The Report conceded that Cuba prohibits some forms of human trafficking through the following laws: Article 299.1 (pederasty with violence); Article 300.1 (lascivious abuse); Article 302 (procuring and trafficking in persons); Article 303 (sexual assault); Article 310.1 (corruption of minors for sexual purposes); Article 312.1 (corruption of minors for begging); and Article 316.1 (sale and trafficking of a child under 16).

The Report also acknowledges that other parts of the Cuban penal code cover sex trafficking, but then engages in a microscopic criticism of that code because it supposedly does not meet what the U.S. regards as the ideal set of such laws.[2]

Moreover, the Report states that the Cuban government has advised the U.S. that Cuba “intends to amend its criminal code to ensure that it is in conformity with the requirements of the 2000 UN TIP Protocol.” This will be a part of the process “of generally revising its criminal code.” Presumably those forthcoming amendments should satisfy at least some, if not all, of the detailed U.S. criticisms.

The Report says, “For the first time, [in October 2013] the [Cuban] government presented official data on investigations and prosecutions of sex trafficking offenses and convictions of sex trafficking offenders. In 2012, the year covered by . . .[that] official Cuban report, the government reported 10 prosecutions and corresponding convictions of sex traffickers. At least six of the convictions involved nine child sex trafficking victims within Cuba, including the facilitation of child sex tourism in Cuba. The average sentence was nine years’ imprisonment. The government reported that a government employee (a teacher) was investigated, prosecuted, and convicted of a sex trafficking offense. There were no reported forced labor prosecutions or convictions.”

“Victims under 18,” says the U.S. Report, “were clearly identified by the Cuban government in 2012 as trafficking victims, and the perpetrators of these crimes were punished more severely in some cases when the victim was younger than 16.”

The Report continues, Cuban “child protection specialists reportedly provided training to police academy students. Students at the Ministry of Interior academy and police who were assigned to tourist centers reportedly received specific anti-trafficking training. The government reported that employees of the Ministries of Tourism and Education received training to spot indicators of trafficking, particularly among children engaged in commercial sex. The government demonstrated its willingness to cooperate with other governments on investigations of possible traffickers.”

Another concession in the Report was its acknowledging that “the Federation of Cuban Women, a government entity that also receives funding from international organizations, operates 173 Guidance Centers for Women and Families nationwide and reported that these centers provided assistance to 2,480 women and families harmed by violence, including victims of trafficking. These centers assisted the women from their initial contact with law enforcement through prosecution of the offenders. Social workers at the Guidance Centers provided services for victims of trafficking and other crimes such as psychological treatment, health care, skills training, and assistance in finding employment. The four adult trafficking victims identified by the Cuban government reportedly received services at these Guidance Centers.”

Cuban “authorities reported that the Ministry of Education identified other sex trafficking cases while addressing school truancy incidents.”

“The [Cuban] government made efforts to protect victims during the reporting period. Authorities reported that they identified nine child sex trafficking victims and four adult sex trafficking victims linked to the 2012 convictions; authorities reported no identified labor trafficking victims or male victims. Though the government had systems in place to identify and assist a broader group of vulnerable women and children, including trafficking victims, the government did not share any documentation of trafficking-specific procedures to guide officials in proactively identifying trafficking victims among vulnerable groups and referring them to available services.”

“The [Cuban] police encouraged child trafficking victims under the age of 17 to assist in prosecutions of traffickers by operating three facilities where law enforcement and social workers worked together to support the collection of testimony and the treatment of sexually and physically abused children. These victim-centered facilities gathered children’s testimony though psychologist- led videotaped interviewing, usually removing the need for children to appear in court. In addition to collecting testimony, government social workers developed a specific plan for the provision of follow-on services. The facilities assisted the nine identified child trafficking victims and reportedly referred them to longer term psychological care, shelter, and other services as needed.”

“The [Cuban] government asserted that none of the identified victims were [sic] punished, and authorities reported having policies that ensured identified victims were not punished for crimes committed as a direct result of being subjected to human trafficking. There were no reports of foreign trafficking victims in Cuba.”

The Cuban government also “launched a media campaign to educate the Cuban public about trafficking and publicized its anti- trafficking services.” More specifically, according to the U.S. Report, Cuban “state media produced newspaper articles and television and radio programs to raise public awareness about trafficking. Senior public officials, including the Minister of Justice, publicly raised the problem of trafficking. The government maintained an Office of Security and Protection within the Ministry of Tourism charged with monitoring Cuba’s image as a tourism destination and combating sex tourism.”

Negative Aspects of Cuba’s Record

According to the Report, “Cuba is a source country for adults and children subjected to sex trafficking . . . . Child prostitution and child sex tourism occur within Cuba. Cuban authorities report that young people from ages 13 to 20 are most vulnerable to human trafficking in Cuba. Cuban citizens have been subjected to forced prostitution outside of Cuba.”

In addition, the Report addresses the issue of whether or not Cuba engages in forced labor, and an objective reading of that portion of the Report leads to the conclusion that there is no proof of such a practice. The Report asserts that “Cuba is a source country for adults and children subjected to . . . possibly forced labor.” There have been “allegations of coerced labor with Cuban government work missions abroad; the Cuban government denies these allegations. Some Cubans participating in the work missions have stated that the postings are voluntary, and positions are well paid compared to jobs within Cuba. Others have claimed that Cuban authorities have coerced them, including by withholding their passports and restricting their movement. Some medical professionals participating in the missions have been able to take advantage of U.S. visas or immigration benefits, applying for those benefits and arriving in the United States in possession of their passports—an indication that at least some medical professionals retain possession of their passports. Reports of coercion by Cuban authorities in this program do not appear to reflect a uniform government policy of coercion; however, information is lacking. The government arranges for high school students in rural areas to harvest crops, but claims that this work is not coerced.” (Emphases added.)

The scope of trafficking involving Cuban citizens is difficult to verify because of sparse independent reporting . . . .”

As previously mentioned, the Report criticizes Cuba for not having a comprehensive set of laws on the subject. The Report says that although the “Government of Cuba prosecuted and convicted sex trafficking cases, . . . its overall effort was hampered by the absence of a comprehensive legal framework that criminalizes all forms of human trafficking.” The same point was put this way: the “government has yet to establish a legal and policy framework prohibiting all forms of human trafficking and providing explicit victim protections.”

“The government did not operate any shelters or services specifically for adult trafficking victims.”

“The government did not report the existence of an established anti-trafficking task force or structured monitoring mechanism.”

The Report concludes that the “Government of Cuba does not fully comply with the minimum standards for the elimination of trafficking 3] and is not making significant efforts [4] to do so.” The italicized phrases have complex statutory definitions, but the U.S. Report did not say what specific elements of these definitions allegedly were not satisfied, and I will not attempt to identify those elements based upon the rest of the Report.

U.S. Recommendations for Cuba

The U.S. Report made the following recommendations for Cuba:

  • “Revise existing anti-trafficking laws to incorporate a definition of trafficking that is consistent with the 2000 UN TIP Protocol; adopt a definition of a minor for the purposes of human trafficking consistent with the Protocol (under 18 years),” but Cuba, as previously noted, already has said it would be doing so this year.
  • “[C]ontinue and strengthen efforts, in partnership with international organizations, to provide specialized training for police, labor inspectors, social workers, and child protection specialists in identifying and protecting victims of sex trafficking and forced labor, including by having in place clear written policies and procedures to guide officials in the identification of trafficking victims, regardless of age or gender, and their referral to appropriate services;” but as the first word of this recommendation admits, Cuba already is doing most, if not all, of these activities according to the U.S. Report.
  • “[A]dopt policies that provide trafficking-specific, specialized assistance for male and female trafficking victims, including measures to ensure identified sex and labor trafficking victims are not punished for unlawful acts committed as a direct result of being subjected to sex trafficking or forced labor;”
  • “[E]nact and implement policies to ensure no use of coercion in Cuban work-abroad missions,” but the Report had admitted that Cuba denies that it uses coercion;
  • “[P]rovide specialized training for managers of work-abroad missions in identifying and protecting victims of forced labor;”
  • “[C]riminally prosecute both sex trafficking and forced labor; and
  • “C]ontinue funding and expand the victim-centered practices of three government facilities for collection of testimony of young children.

Cuba’s Reaction

On June 20th the Cuban Ministry of Foreign Affairs responded to the above U.S. assessment. It said the U.S. ignored “the recognition and prestige of our country for their outstanding role in child protection performance, youth and women.”

The Cuban statement noted that Cuba had not requested the U.S. assessment or needed recommendations from the U.S., which was “one of the countries with the greatest problems of trafficking of children and women in the world.” The U.S. “has no moral [right] to rate Cuba, nor to suggest [a] plan of any kind, when it is estimated that the number of U.S. citizens who are trafficked within the country is close to 200,000, where labor exploitation is . . . widespread . . ., where 85% of the [U.S.} legal process . . . [on] this topic are cases of sexual exploitation, and where more than 300 thousand children, [plus] the million who leave their homes, are subject to any form of exploitation.”

“The Government of Cuba categorically rejects as unfounded the [U.S.] unilateral exercise that offends our people. Inclusion [of Cuba] on this list [is] totally politically motivated, as is the designation of Cuba as a state sponsor of international terrorism.” The U.S. Tier 3 designation of Cuba “is aimed to justify the policy of blockade” and “financial sanctions, [which] the Government of the United States increasingly intensifies, causing severe damages to our children, youth, women and all our people.”

Conclusion

Cuba’s statement correctly and legitimately points out that it had never requested the U.S. to assess Cuba’s record on this subject or to make recommendations to Cuba.

Instead, Cuba as a member of the U.N. and its Human Rights Council and as a party to the 2000 UN TIP Protocol implicitly, if not explicitly, has consented to such assessments and recommendations from the Council’s Special Rapporteur on trafficking in persons, especially in women and children, whose mandate includes promoting “the prevention of trafficking in persons in all its forms and the adoption of measures to uphold and protect the human rights of victims; . . . [and making] recommendations on practical solutions with regard to the implementation of the rights relevant to the mandate, including by the identification of concrete areas and means for international cooperation to tackle the issue of trafficking in persons. . . .”

One of the methods for implementation this mandate is for the Special Rapporteur to undertake “country visits in order to study the situation in situ and formulate recommendations to prevent and or combat trafficking and protect the human rights of its victims in specific countries.” Such a visit to Cuba has not yet happened, but it could be done and provide the evaluator with actual experience on the island with the cooperation of the Cuban government, which the U.S. Department of State, of course, did not have.

In any event, I do not have information sufficient to confirm or deny the U.S. assessment of Cuba on human trafficking or Cuba’s rejection of same, but the previously mentioned “unpacking” of the U.S. Report itself leads this reader to conclude that the overall worst rating for Cuba is not justified. Perhaps the U.S. authorizing statute for this report and Cuba’s not yet having amended its criminal code to comply with the UN TIP Protocol meant the State Department was legally unable to give Cuba a different ranking.

Accepting everything said about Cuba in the Report and assuming the State Department legally was unable to give Cuba a higher ranking, it would have been much more productive, in my opinion, for the Report to have said something like the following:

  • The U.S. applauds Cuba for making significant progress on combatting human traffic in 2013. It acceded to the UN TIP Protocol and is in the process of determining how to revise its criminal code to comply with that Protocol. It has prosecuted individuals for violations of its existing laws and has established centers to care for victims of trafficking. It has issued a public report about these prosecutions, has aided and protected victims of these crimes, provided appropriate training to various Cubans to help them identify such situations and conducted media campaigns to educate the public about these matters.
  • The U.S. regrets that U.S. laws governing this Report require this year’s Tier 3 ranking for Cuba, but we anticipate and hope that this will be the last such ranking for the proud Cuban government and people.
  • Because Cuba already is well on the way to improving its laws and practices regarding human trafficking, there is no need for the U.S. to be making recommendations on this subject to Cuba. If, however, Cuba would like any U.S. assistance on this important subject, the U.S. would be glad to respond.

Yes, State Department, such a statement would have been more diplomatic too.

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[1] UN TIP Protocol or PROTOCOL TO PREVENT, SUPPRESS AND PUNISH TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND CHILDREN, SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME. This Protocol was adopted because of the conviction that “supplementing the United Nations Convention against Transnational Organized Crime with an international instrument for the prevention, suppression and punishment of trafficking in persons, especially women and children, will be useful in preventing and combating that crime.” There are now 159 states parties, including the U.S. and Cuba, the latter of which acceded with a declaration that, “in accordance with the provisions of Article 15, paragraph 3 of the Protocol, it does not consider itself bound by the provisions of paragraph 2 of that Article” that requires that “[a]ny dispute between two or more States Parties concerning the interpretation or application of this Protocol that cannot be settled through negotiation within a reasonable time shall . . . [under certain conditions] be submitted to arbitration [or] the International Court of Justice.”

[2] The Report says the Cuban “definition of sex trafficking appears to conflate sex trafficking with prostitution and pimping. The law criminalizes adult sex trafficking achieved through force, coercion, or abuse of power or a position of vulnerability, although the use of such means is considered an aggravating factor (to a crime of inducing or benefitting from prostitution), not an integral part of the crime. It does not explicitly include the use of fraud and physical force within the list of aggravating factors that make coercion of prostitution a crime. The provision addressing corruption of minors encompasses many of the forms of child sex trafficking, but its definition of a minor as a child under 16 years old is inconsistent with the definition under the 2000 UN TIP Protocol, which defines a child as any person under the age of 18; this means 16- and 17-year-olds engaged in prostitution for the benefit of a third party would not necessarily be identified as trafficking victims. Although anyone inducing children between the ages of 16 and 18 to engage in prostitution would not be identified as traffickers under Cuban law, forced prostitution is illegal irrespective of age of the victim, and the government has prosecuted individuals benefitting from the prostitution of children.” In addition, the U.S. says,” Both adult and child sex trafficking provisions fail explicitly to criminalize recruitment, transport, and receipt of persons for these purposes.”

[3] The above statutory phrase means: (1)“The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking.” (2)“For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim of sex trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or which causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault.” (3) “For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense.” (4) “The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons.”

[4] The above phrase apparently is a short-hand reference to the statutory phrase–“serious and sustained efforts to eliminate severe forms of trafficking in persons”—which has its own statutory definition.

Report for dwkcommentaries —2012

This blog, which started on April 4, 2011, reports the following activity through December 31, 2012:

2011 2012 Total
Posts    190      179      369
Comments      26      170      196
Views 9,190 51,161 60,351

The busiest day so far was December 13, 2012, with 361 views. For 2012 as a whole the viewers came from 170 countries with most from the U.S.A. followed by the United Kingdom and Canada. This blog has 304 followers (Facebook, 235; direct, 59; and commentators, 10).

The following were the most popular posts in 2012:

As indicated in detail on Page: List of Posts and Comments to dwkcommentaries–Topical, the posts and comments for 2011-2012 fell into the following categories:

  • Personal
  • Higher Education
  • Religion/Christianity
  • Lawyering (practice of law)
  • U.S. History
  • U.S. Politics
  • El Salvador
  • Cuba
  • Human Rights Treaties & U.N. Human Rights Council
  • Refugee and Asylum Law
  • Alien Tort Statute & Torture Victims Protection Act
  • International Criminal Justice
  • International Criminal Court
  • Miscellaneous

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

Effective January 1, 2013, this blog has its own domain: “dwkcommentaries.com.”