Morocco’s Multilateral and Bilateral Counterterrorism Efforts

In response to post-9/11 regional security risks Morocco has developed a “tripartite counterterrorism approach” that combines (1) hard security measures; (2) equitable and inclusive human development coupled with political reforms; and (3) religious moderation. This post will focus on Morocco’s important multilateral and bilateral efforts at counterterrorism; subsequent posts will concentrate on its efforts to promote religious moderation as an important part of these efforts.

Morocco is one of the 30 founding members of the Global Counterterrorism Forum, which in close partnership with the United Nations “serves as a mechanism for furthering the implementation of the universally-agreed UN Global Counter-Terrorism Strategy and, more broadly, complements and reinforces existing multilateral counterterrorism efforts, starting with those of the U.N. The GCTF also works extensively with non-GCTF members including states; international, regional and sub-regional bodies; and other stakeholders and experts.”

At the Forum’s 5th ministerial meeting Morocco played a leading role, and then U.S. Secretary of State John Kerry complimented Morocco on its leadership in developing “the first global set of good practices on stopping the flow of foreign terrorist fighters.”

Morocco co-chairs the Forum’s Foreign Terrorist Fighters (FTF) Working Group, which addresses the ongoing and salient challenges presented by the FTF phenomenon pursuant to The Hague-Marrakech Memorandum on Good Practices for a More Effective Response to the FTF Phenomenon.

Morocco also has been active in the U.N. Security Council’s Counter-Terrorism Committee, which was established by the Council after the 9/11 terrorist attacks in the U.S. and charged with monitoring states’ implementation of a number of measures intended to enhance their legal and institutional ability to counter terrorist activities at home, in their regions and around the world.

For example in September 2014 the Committee’s open briefing focused on countering incitement to commit terrorist acts motivated by extremism and intolerance with a major presentation by three Moroccan officials. The Committee’s Chair, H.E. Ambassador Raimonda Murmokaitë, Permanent Representative of Lithuania to the U.N. said the theme of this briefing grew out of the Committee’s 2013 visit to Morocco and its identification of its “national strategy to promote dialogue among civilizations as a good practice to be shared among other States.” (The Moroccan comments about management of religious affairs as part of its counter-terrorism strategy will be discussed in a subsequent post.)

Another multilateral counter-terrorism effort claiming Morocco’s attention is the U.S. Trans-Sahara Counterterrorism Partnership , which is a multi-year U.S. Government program aimed at defeating terrorist organizations in the Pan-Sahel and Maghreb northwestern regions of Africa by strengthening regional counterterrorism capabilities, enhancing and institutionalizing cooperation among the region’s security forces, promoting democratic governance, discrediting terrorist ideology, and reinforcing bilateral military ties with the U.S.

Yet another is Morocco’s joining 67 other states in the U.S. Global Coalition To Counter ISIS, which was formed in September 2014 “to degrading and ultimately defeating Daesh [ISIS]” by “tackling Daesh on all fronts, to dismantling its networks and countering its global ambitions, . . .tackling Daesh’s financing and economic infrastructure; preventing the flow of foreign terrorist fighters across borders; supporting stabilization and the restoration of essential public services to areas liberated from Daesh; and exposing Daesh’s delusional narrative including its claims to statehood, military success and the group’s false religious narrative.”

Bilaterally Morocco in 2014 announced it will provide military, operational, and intelligence support to the United Arab Emirates to assist in its fight against terrorism as part of a bilateral military cooperation agreement between the two countries focusing on operational military and intelligence aspects.

 

 

 

 

Cuban Entrepreneurs Express Frustration and Confidence

A recent study based on interviews of 80 Cuban entrepreneurs found seemingly contradictory results.[1]

There was frustration. As expressed by the Miami Herald, “Like entrepreneurs in any country, Cuban entrepreneurs want more access to resources and fewer bureaucratic obstacles to expand and reinvest in their businesses.”

There also was optimism. Said the author of the study, Cuban-born economist Carmelo Mesa Lago, there was a “very high level of reinvestment that the self-employed engage in. Most, including those renting apartments and houses, reinvest.” The study also found a “high degree of satisfaction expressed by those who have decided to start a private business in Cuba, which has allowed them to gain autonomy and live better than those who depend on state wages.”

With virtual unanimity, the entrepreneurs complained about “the level of state interference” or over-regulations plus high prices for supplies, the absence of a wholesale market and high taxes.

The study looked at four segments of the so-called “non-state sector” of the Cuban economy: (1) the self-employed; (2) farmers who use state-owned parcels; (3) corredores   (brokers) of home sales as well as buyers and sellers of private homes; and (4) workers of non-farm production and service cooperatives. Another sector–owners of private restaurants known as paladares—was not included because, says Lago, they do not want to attract attention to their business.

The study– oces del cambio en el sector no estatal cubano (Voices of Change in the Cuban Non-State Sector)—is published by the Ibero-American publishing house.

Conclusion

This study confirms the existence of a thriving non-state sector of the Cuban economy, contrary to the Senate testimony of the new U.S. Ambassador to the U.N., Nikki Haley, as mentioned in a recent post.

The study also confirms the unsurprising difficulties and challenges the Cuban government faces in creating a mixed economy. Indeed, as covered in an earlier post, Raúl Castro in his role as the leader of the Communist Party of Cuba at its Party Congress last year stressed those difficulties and challenges while also acknowledging the essential and important contributions of the non-state sector for the Cuban economy.

Finally the study confirms the need for the U.S. to support the further development and success of this sector by continuing and enhancing the U.S. normalizing of relations with Cuba, especially the enabling of U.S. remittances to those on the island and thereby constituting a major source of capital for this sector. This very point has been emphasized by Engage Cuba, a U.S. coalition, in its lobbying of the new Trump Administration.[2]

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[1] Gámez-Torres, Cuban entrepreneurs dream big, but the government gets in their way, Miami Herald (Jan. 26, 2017).

[2] U.S. and Cuba’s Efforts To Continue Normalization, dwkcommentaries.com (Dec. 9, 2016); Lobbying the Incoming Trump Administration To Continue Normalization with Cuba, dwkcommentaries.com (Jan. 18, 2017); Engage Cuba.

New U.S. Ambassador to the U.N., Nikki Haley, May Present a Challenge for Supporters of U.S.-Cuba Normalization

Nikki Haley, now the U.S. Ambassador to the U.N., has dropped hints that she may present a challenge to supporters of U.S.-Cuba normalization. The first was in her testimony regarding Cuba before the Senate Foreign Relations Committee.[1] The second was in her initial appearance at the U.N. on January 27.

Appearance Before Senate Foreign Relations Committee

On January 18, 2017, the Senate Foreign Relations Committee held Nikki Haley’s confirmation hearing, and at the hearing or thereafter in writing she provided the following testimony regarding Cuba.

  1. Question: “Do you agree that the U.S. should help support private entrepreneurs in Cuba with training or other assistance, so they can build businesses, market their products and services, and compete with state-owned enterprises?”

Answer: “Unfortunately, Cuba does not have private entrepreneurs and working independently is not a right but a privilege granted only to supporters of the regime.”

Analysis: “That’s just wrong, as the BBC and a million other reputable sources confirm.”

  1. Question: “Do you agree that after more than half a century the U.S. embargo against Cuba has failed to achieve any of its principal objectives?”

Answer: “We should be clear about a few things. The goal of the embargo was never to cause regime change, but rather to raise the costs of the Cuban government’s bad behavior.”

Analysis: “That was a whopper, as this Voice of America op-ed, and a vast historical record shows.”

  1. Question: “Will you continue the recent practice of abstaining to the UN General Resolution pertaining to the statutory U.S. embargo on Cuba?”

Answer: “No.”

Analysis: “Too bad. Ambassador Samantha Power’s speech when the U.S. abstained on the embargo resolution last year was a truly great moment.”

  1. Question: “Do you support continued diplomatic relations with Cuba?

Answer: She submitted an 85-word response that according to the CDA, didn’t directly answer the question.

On January 24, the Committee approved her nomination, 11-2 (with negative votes from Democratic Senators Coons (DE) and Udall (NM)).

Action by the Senate

The full Senate followed suit the same day, 96-4 (with negative votes from Coons and Udall plus Democrat Senator Heinrich (NM) and Independent Senator Sanders (VT)) .[2]

The Committee Chair, Senator Bob Corker (Rep., TN) supported the nomination with this statement: “Governor Haley is a fierce advocate for American interests. As South Carolina’s Governor, Nikki Haley is a proven leader. I believe she has the instincts that will help her achieve reform. Having run a state government, she has dealt with tough management and budgetary issues. I believe that experience will serve her well, and I strongly support her nomination.” He added, “I believe she knows the United Nations needs reform and change. We have a right to demand value for our money. I think our nominee has said she will demand that. . . . Experience shows that when we have strong U.S. leadership at the U.N. we can get results. As South Carolina’s Governor, Nikki Haley is a proven leader. . . . I believe she has the instincts that will help her achieve reform. Having run a state government, she has dealt with tough management and budgetary issues.”

The nomination also was supported by Senator Benjamin Cardin (Dem., MD), the Committee’s Ranking Member, who said, ““What Governor Haley lacks in foreign policy and international affairs experience, she makes up for in capability, intelligence, and a track record of building coalitions in South Carolina. Her nomination was surprising to many of my colleagues on both sides of the aisle, but I have been impressed by her forthrightness on core American values, her willingness to admit what she does not know, and her commitment to seeking the facts and speaking truth to power, whether within the Trump Administration or with an intransigent Russia and China in the Security Council.”

Ambassador Haley’s Initial Appearance at the U.N.

Ambassador Haley @ U.N.
Ambassador Haley @ U.N.

On January 27, only three days after her confirmation, she made her very first appearance at the U.N. General Assembly and delivered a blunt warning to every nation in the world. She said, “You’re going to see a change in the way we do business. Our goal with the administration is to show value at the U.N., and the way we’ll show value is to show our strength, show our voice, have the backs of our allies and make sure our allies have our back as well. For those who don’t have our back, we’re taking names; we will make points to respond to that accordingly.”[3]

Conclusion

First, her lack of knowledge regarding Cuba may not be surprising since her prior experience has been in state government, but it is a troubling sign that she may not be committed to normalization.

Second, her statement that she would not abstain on the forthcoming U.N. General Assembly resolution against the U.S. embargo (blockade) of Cuba is also troubling by itself. It is even more troubling when coupled with her recent statement at the U.N. that the U.S. would be taking the names of those countries that do not have the U.S.’ back and responding accordingly. That suggests that the U.S. may seek to take some kind of action against virtually every country in the world that supports that resolution.

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[1] Ctr. Democracy in Americas, Cuba News Blast (Jan. 27, 2017).

[2] Press Release, Senate Foreign Relations Committee Approved Nomination of Nikki Haley to be U.S. Ambassador to the United Nations (Jan. 24, 2017); Press Release, Corker Votes to Confirm Nikki Haley as U.S. Ambassador to the United Nations (Jan. 24, 2017); Press Release, Corker Statement on Haley Vote (Jan. 24, 2017); Press Release, Cardin Statement on Haley Vote (Jan. 24, 2017); Assoc. Press, Senate Confirms Trump’s Nominee for US Ambassador to UN, N.Y. Times (Jan. 24, 2017); Carney, Senate confirms Trump’s UN ambassador, The Hill (Jan. 24, 2017).

[3] Sengupta, Nikki Haley Puts U.N. on Notice: U.S. Is ‘Taking Names,’ N.Y. Times (Jan. 27, 2017).

The Non-Aligned Movement Holds Summit in Venezuela

On September 17 in Venezuela Raúl Castro addressed the Summit of the Non-Aligned Movement (NAM), an organization of 120 states that advocates for solutions to global economic and other problems.[1] We will review that speech and the Summit’s concluding Declaration before making observations about this event.

Castro’s Speech

For Cuba, he said, “non – alignment means the struggle to radically change the international economic order imposed by the great powers, which has led to 360 people possessing a higher income than 45% of the world population annual wealth. The gap between rich and poor countries is growing. Technology transfer from North to South is an elusive aspiration.”

“Globalization mainly favors a select group of industrialized countries. The debt of southern countries multiplies. . . . [Mamy] people are pushed into unemployment and extreme poverty; millions [of] children die each year from hunger and preventable diseases; almost 800 million people cannot read or write, while more than 1.7 [billion] dollars are devoted to military spending.”

Castro reported that it has been “21 months since we announced simultaneously with President Barack Obama, the decision to restore diplomatic relations between Cuba and the United States.”

“There has been some progress, especially in the diplomatic arena and cooperation on issues of mutual interest, but has not been the same in the economic and commercial sphere, due to the limited scope, while positive, of the measures taken so far by the American government.”

“Cuba will continue to demand the lifting of the economic, commercial and financial blockade that [had caused] much damage and deprivation to Cuba and that also affects many countries for its extraterritorial scope.” Cuba also “will continue to demand that our sovereignty is returned to the territory illegally occupied by the US Naval Base in Guantanamo. Without [these and other changes by the U.S.] there can be no normal relations [between the two countries].”

Nevertheless, “we reaffirm the will to sustain civilized coexistence relations with the United States, but Cuba will not give up one of its principles, or . . . make concessions inherent in its sovereignty and independence. It will not relent in defending their revolutionary and anti-imperialist ideals, [or] in supporting self-determination of peoples.”

Castro also rejected any attempts to “regime change” and reaffirmed rejection of any country’s “resorting to aggression and use of force,” and “commitment to the principles of the United Nations Charter and International law; [to peaceful resolution of disputes] and full respect for the inalienable right of every state to choose its political, economic, social and cultural system as an essential condition to ensure coexistence among nations.”

More specifically Castro reaffirmed (a) Cuba’s “unconditional support for the government and Venezuelan people, the civil-military union and the constitutional President Nicolas Maduro Moros;” (b) Cuba’s rejection of the parliamentary “coup” in Brazil against President Dilma Rousseff; (c) Cuba’s support of Colombia’s “implementing the Agreement” with the FARQ; (d) Cuba’s support of “the people of the Syrian Arab Republic resolving their “without external interference aimed at promoting regime change, . . . “the creation of an independent Palestinian state with East Jerusalem as its capital, . . . the self-determination of the Saharawi people, . . . the historical demand of the Puerto Rican people towards self-determination and independence, . . . [and] the claim of Argentina over the Falkland Islands, South Sandwich and South Georgia;” and (e) Cuba’s congratulations to “the Islamic Republic of Iran for his work in the recently concluded mandate.”

Castro’s concluded with this assertion: “The only alternative to the enormous dangers and challenges ahead is unity and solidarity in defense of our common goals and interests.”

Summit’s Declaration[2]

The Summit’s Declaration concluded with a 21-point statement of NAM objectives: (1) consolidate and revitalize NAM; (2) consolidation of the international order; (3) the right to self-determination; (4) disarmament and international security; (5) human rights; (6) condemnation of unilateral sanctions; (7) condemnation of terrorism; (8) dialogue among civilizations; (9) support for Palestine; (10) reform of the U.N. Security Council and General assembly; (11) selection and appointment of new U.N. Secretary-General; (12) U.N. peace-keeping operations; (13) sustainable development goals; (14) promotion of education, science and technology for development; (15) climate change; (16) reforming the international economic governance; (17) South-South cooperation (18) international solidarity in combatting pandemics; (19) support for refugees and migrants; (20) young women, peace and security; and (21) new world order of information and communication.

Conclusion

These words of Raúl Castro were nothing new.

The real news from the NAM Summit was the low turn-out. Of the 120 NAM members only 13 attended, including the leaders of Cuba, Iran, Palestine, Ecuador, Bolivia and Zimbabwe and the Venezuelan host.

Venezuela’s President Nicolas Maduro called the meeting as an opportunity to increase international solidarity for his socialist government as the oil-dependent economy reels from widespread food shortages and triple digit inflation. However, according to observers, the low attendance indicates that almost all of the NAM members were not interested in engaging in such solidarity with this country under these circumstances.[3]

Nevertheless, Maduro spoke defiantly at the Summit about Venezuela’s problems, blaming them on the country’s foreign enemies. “Venezuela is facing a global attack, which is against all of Latin America and Caribbean. An attack that aims to impose a political, economic and cultural reorganization of our countries with the old oligarchy.”

As repeatedly stated, this blog concurs that the U.S. should end its embargo (blockade) of Cuba and that the peace agreement between the government of Colombia and the FARQ is to be applauded and hopefully will be approved in the October 2 referendum in that country. I also agree that Cuba and the other NAM members have the right to organize and advocate their many other positions.This blog, however, disagrees with Cuba’s allegation that the U.S. is illegally occupying Guantanamo Bay.

Finally soon after the NAM Summit,  President Maduro met with U.S. Secretary of State John Kerry when both were in Cartagena Colombia for the signing of the Colombia-FARQ peace agreement. The next day on his regular television show in his country, Maduro, mentioning his 40-minute meeting with Kerry, said, “I ask that God bless the results of the meeting [with Kerry] and that Venezuela opens a new era of relations with the United States.” He also said that veteran U.S. diplomat Tom Shannon, who has been the U.S. point man for the troubled relationship, will visit Caracas again soon and that an invitation was open to Kerry.[4]

The U.S. State Department, acknowledging the meeting, said, “The Secretary expressed our commitment to the well-being of the Venezuelan people, and our willingness to work with all sectors of Venezuelan society to enhance our relationship. He also spoke of our concern about the economic and political challenges that have affected millions of Venezuelans, and he urged President Maduro to work constructively with opposition leaders to address these challenges.” In addition, the Department said that “Kerry stressed our support for democratic solutions reached through dialogue and compromise” and that the two men “agreed to continue the bilateral discussions begun in recent months.”[5]

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[1] Castro, The only alternatives to the enormous dangers and challenges is unity and solidarity, Granma (Sept. 17, 2016).

[2] Declaration of the XVII Summit of Heads of State and Government of the Non-Aligned Movement (NAM), Granma (Sept. 18, 2016).

[3] Assoc. Press, Venezuela’s Crisis Keeps Non-Aligned Summit Turnout Low, N.Y. Times (Sept. 17, 2016); Reuters, Venezuela Summit Draws Few Leaders in Blow to Maduro, N.Y. Times (Sept. 17, 2016); Reuters, Maduro Revels in Support From Zimbabwe, Iran as Critics Decry Failed Summit, N.Y. Times (Sept. 19, 2016);  Castro, Venezuela closes the summit of non-aligned countries amid criticism, El Pais (Sept. 18, 2016).

[4] Reuters, Venezuela’s Maduro Calls for New Era of Relations With U.S., N.Y.Times (Sept. 27, 2016).

[5] U.S. State Dep’t, Secretary Kerry’s Meeting with Venezuelan President Maduro (Sept. 26, 2016).

 

 

 

El Salvador’s Supreme Court Invalidates Salvadoran Amnesty Law

On July 13, the Constitutional Chamber of the Supreme Court of El Salvador decided, 4 to 1, that the country’s amnesty law of 1993 was unconstitutional. This post will examine that decision and a subsequent post will discuss the impact of that decision on the pending criminal case in Spain regarding the 1989 murders of the Jesuit priests in El Salvador.

 The Court’s Decision.[1]

The Chamber held that the country’s amnesty law of 1993 was unconstitutional because it was “contrary to the access to justice” and the “protection of fundamental rights” as impeding the state from fulfilling its obligation to investigate, try and punish grave violations of those rights. Indeed, the court said the government has an obligation to “investigate, identify and sanction the material and intellectual authors of human rights crimes and grave war crimes” in its civil war and to provide reparations to victims.[2] The court also suggested that prosecutors begin with about 30 cases highlighted by a U.N. Truth Commission in March 1993.[3] The cases include massacres, assassinations and kidnappings by combatants from both the armed forces and the guerrilla army called the Farabundo Martí National Liberation Front (FMLN). One of the most prominent was the 1989 murders of the Jesuit priests and their housekeeper and her daughter.

The court’s announcement of its decision stated that the 1992 Peace Accords ending the civil war had contained no provision for an amnesty; that the country’s National Assembly had no power to grant an amnesty to persons who had committed crimes against humanity or war crimes constituting grave violations of human rights and that its constitution and international law of human rights required the conclusion of invalidity.

The court also stated that the crimes against humanity during the civil war were not individual and isolated acts, but the result of guidelines and orders issued by organized apparatuses of power with hierarchies of command.  This implies criminal responsibility of the direct actors, those who gave the orders for the crimes and those commanders who failed to countermand the orders and thereby failed to exercise control over the hierarchies.

Much to the surprise of this blogger as a retired U.S. attorney, one of the Chamber’s four judges in this very case, Florentine Menendez, made a public statement about the decision. He said, “We’re not raising hatred or reopening wounds,” but rather emphasizing “the strength of the constitution and the right to life and justice” for the victims. The decision rescues “the jurisprudence of the Inter-American system of human rights protection to heal the wounds of the past and finally close the page and get a national reconciliation.”

Positive Reactions to the Decision.[4]

The next day the decision was celebrated at a ceremony in San Salvador’s Cuscatlan Park, the site of a 275-foot granite wall etched with the names of 30,000 civilians killed in the country’s civil war and the locations of nearly 200 massacres committed between 1970 and 1991. Below are photographs of David Morales,El Salvador’s human rights ombudsman, who made remarks that day, and of part of the granite wall.

David Morales
David Morales
Cucatlan Park
Cucatlan Park

 

 

 

 

 

 

At this celebration, David Morales said, “If prosecutors and judges are willing to comply with the ruling, it will generate for the first time in El Salvador the first glimmers of reconciliation.” He added that many Latin American countries have already abolished their amnesty laws and begun to prosecute crimes dating to the civil wars and military dictatorships of the late 20th century.

Benjamin Cuellar, former director of the human rights institute at the University of Central America (UCA) and one of the petitioners in the lawsuit, said, “This is the first step that will take El Salvador to true reconciliation; so that the institutions work and bring to justice those who commit crimes, regardless of who they are.”

UCA, the home of the murdered Jesuit priests, stated, “The majority of the victims are more noble than the victimizers.   They do not want vengeance, they want the injustice to be recognized.   And the State is obliged to honor them.  It is time to put the victims in the center.   The new phase that is opened for the country is positive, it means an advance for democracy and justice, and constitutes a late but just recognition for those who had been disrespected in their memory and in their pain.”

The Center for Justice and Accountability, which has been involved in various Salvadoran human rights cases, including the Spanish case regarding the murder of the Jesuit priests, said, “Today’s decision marks a moment many of us have hoped for, for a long time, as we struggled by the victims’ side. The victims have been demanding justice since the peace was signed and the brave truth commission report was published. The amnesty law passed only seven days after was a betrayal to the victims’ hopes and the whole peace process. With it, justice was excluded forever. Today’s decision brings back hope for investigation and prosecution both inside and outside the country.”

A group of independent United Nations human rights experts declared: “This historic decision for the country brings hope to victims and confidence in the legal system…. More than twenty years after the end of the conflict, this decision will restore the fundamental rights of victims to justice and full reparations.”

Amnesty International praised the decision: “Today is an historic day for human rights in El Salvador. By turning its back on a law that has done nothing but let criminals get away with serious human rights violations for decades, the country is finally dealing with its tragic past.”

Another voice of support for the decision came in a New York Times editorial calling it “ a remarkable ruling that opens the door for relatives of victims of war crimes to hold torturers and killers accountable.” “However,” the editorial continued, “there appears to be little political will in El Salvador to revisit a painful chapter of its history in courtrooms. Politicians across the political spectrum have questioned the viability of war crimes tribunals at a time when the country’s judicial institutions are overwhelmed by endemic gang violence.”  Nevertheless, the Times suggested that El Salvador should create “a prosecution unit and gives it the tools and independence to pursue the most emblematic cases of the conflict” like the El Mozote Massacre,” which has been discussed in prior posts.

Negative Reactions to the Decision.

The lack of political will referenced in the Times editorial can be seen in the country’s President, Salvador Sánchez Cerén, a member of the FLMN, asserted that his government had always been committed to the restoration of the victims of the war and to building a culture committed to human rights.   However, he said the court’s decision did not meet “the real problems of the country and far from solving the daily problems of Salvadorans, worsens them.  Judgments of the Constitutional Chamber ignore or fail to measure the effects on our living together in society, and do not contribute to strengthening institutionality.”

Another FLMN leader had a similar reaction. The former president of the National Assembly, Siegfried Reyes, said the decision was “surprising and seeks to weaken and hit the governance and hit the security plans that the government is implementing effectively.”

The country’s Minister of Defense, David Munguia Payés, asserted that the decision was a “political error” and would be a setback to the process of pacification which had occurred since the end of the civil war.”  He openly worried that the ruling would turn into a “witch hunt.”

Mauricio Ernesto Vargas, a retired general who represented the armed forces in the peace negotiations, said the court’s ruling could intensify political polarization in a country with no shortage of problems: a gang-violence epidemic, a migration crisis, crop failures and economic stagnation.

 The country’s Attorney General, Douglas Melendez, had a more nuanced view. He said, “We respect from the institutional point of view this ruling. We will do what we have to do, we will fulfill our constitutional responsibilities.”

The conservative political party ARENA (founded by a leader of the death squads in the 1970s and 1980s, and in control of the government when atrocities like the massacre of the Jesuits occurred and the authors of the amnesty law) published an official statement urging respect for the court’s decisions, but also noting that the decisions would present challenges for the process of reconciliation and the strengthening of democracy and institutions.

Now we will have to see whether this decision leads to any Salvadoran investigations and prosecutions for the serious human rights crimes of its civil war and to a resumption of Spain’s criminal case regarding the 1989 murders of the Jesuit priests. (The latter subject will be covered in a subsequent post.)

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[1] El Salvador Supreme Court (Constitutional Chamber), Press Release (July 13, 2016), http://static.ow.ly/docs/20.%20Comunicado%2013-VII-2016%20Ley%20de%20amnist%C3%ADa_50Yr.pdf; Post war 1993 amnesty law declared unconstitutional, Tim’s El Salvador Blog (July 13, 2016), http://luterano.blogspot.com/2016/07/post-war-1993-amnesty-law-declared.html; Malkin & Palumbo, Salvadoran Court Overturns Wartime Amnesty, Paving Way for Prosecutions, N.Y. Times (July 14, 2016); Maslin, El Salvador strikes down amnesty for crimes during its civil war, Wash. Post (July 14, 2016), https://www.washingtonpost.com/world/the_americas/el-salvador-strikes-down-amnesty-for-crimes-during-its-civil-war/2016/07/14/5eeef2ec-49bf-11e6-8dac-0c6e4accc5b1_story.html.

[2] Prior posts have discussed the Amnesty Law: International Criminal Justice: El Salvador’s General Amnesty Law and Its Impact on the Jesuits Case, dwkcommentaries.com (June 11, 2011),  https://dwkcommentaries.com/2011/06/11/international-criminal-justice-el-salvadors-general-amnesty-law-and-its-impact-on-the-jesuits-caseEl Salvador’s Current Controversy Over Its General Amnesty Law and Supreme Court, dwkcommentaries.com (June 16, 2011), https://dwkcommentaries.com/2011/06/16/el-salvadors-current-controversy-over-its-general-amnesty-law-and-supreme-court; The El Mozote Massacre: The Truth Commission for El Salvador and the Subsequent General Amnesty Law and Dismissal of the Criminal Case, dwkcommentaries.com (Dec. 13, 2012), https://dwkcommentaries.com/2012/12/13/the-el-mozote-massacre-the-truth-commission-for-el-salvador-and-the-subsequent-salvadoran-general-amnesty-law-and-dismissal-of-criminal-case. It should be noted, however, that U.S. federal courts have held that the General Amnesty Law is limited to Salvadoran judicial proceedings and thus does not bar U.S. civil lawsuits for money damages against Salvadoran defendants. (El Salvador’s General Amnesty Law in U.S. Federal Courts, dwkcommentaries.com (June 14, 2011), https://dwkcommentaries.com/2011/06/14/el-salvadors-general-amnesty-law-in-u-s-federal-court-cases.

[3] Prior posts have discussed the Truth Commission: International Criminal Justice: The Jesuits Case in the Truth Commission for El Salvador, dwkcommentaries.com (June 9, 2011), https://dwkcommentaries.com/2011/06/09/international-criminal-justice-the-jesuits-case-in-the-truth-commission-for-el-salvador; The Salvadoran Truth Commission’s Investigation of the 1980 Murders of the Four Churchwomen, dwkcommentaries (Dec. 19, 2011), https://dwkcommentaries.com/2011/12/19/the-salvadoran-truth-commissions-investigation-of-the-murders-of-the-four-american-churchwomen; The El Mozote Massacre: The Truth Commission for El Salvador and the Subsequent General Amnesty Law and Dismissal of the Criminal Case, dwkcommentaries.com (Dec. 13, 2012), https://dwkcommentaries.com/2012/12/13/the-el-mozote-massacre-the-truth-commission-for-el-salvador-and-the-subsequent-salvadoran-general-amnesty-law-and-dismissal-of-criminal-case.

[4] Thanks for Tim’s El Salvador Blog (http://luterano.blog spot.com) for much of the information on the reactions to the Chamber’s decision.  David Morales: The sentence “is a tool of greater scope to demand justice, DiarioCoLatino (July 14, 2016) http://www.diariocolatino.com/david-morales-la-sentencia-es-una-herramienta-de-mayores-alcances-para-exigir-justicia; Dalton, Declared unconstitutional the amnesty in El Salvador, El Pais (July 14, 2016) http://internacional.elpais.com/internacional/2016/07/15/america/1468541983_506876.html.

 

 

 

 

The Confession of Belhar Is Adopted by the Presbyterian Church (U.S.A.)

PCUSA

On June 23, 2016, the General Assembly of the Presbyterian Church (U.S.A.) overwhelmingly voted (540 to 33) to include in its Book of Confessions the 1986 Confession of Belhar from South Africa.

Let us examine that Confession, its adoption by the PC(USA)’s General Assembly, the PC(USA)’s Book of Confessions and the recent use of the Belhar Confession at Minneapolis’ Westminster Presbyterian Church, a member of the PC(USA).

 The Confession of Belhar[1]

The Belhar Confession emerged from the era of apartheid in South Africa, 1948-1994. That doctrine and practice of racial segregation was embraced by the Dutch Reformed Church in South Africa (DRC) for whites and imposed upon its racially segregated offshoots: the Dutch Reformed Mission Church (DRMC) for colored or mixed-race people, the Dutch Reformed Church in Africa for blacks and the Reformed Church in Africa for people of Indian descent.

After the 1960 Sharpeville Massacre, the 1964 convictions and imprisonments of anti-apartheid activists Nelson Mandela and Walter Sisulu, the 1976 Soweto Uprising and the 1976 condemnation of South Africa and apartheid by the United Nations, the Synod of the DRMC in 1978 concluded that apartheid was anti-evangelical and a structural and institutional sin.

Eight years later, in 1986, another Synod of the DRMC met in Belhar, a colored suburb of Capetown, South Africa, and adopted the Confession of Belhar. It has the following primary confessional statements:

  1. “We believe in the triune God, Father, Son and Holy Spirit, who gathers, protects and cares for the church through Word and Spirit. This, God has done since the beginning of the world and will do to the end.”
  2. “We believe in one holy, universal Christian church, the communion of saints called from the entire human family.”
  3. “We believe that God has entrusted the church with the message of reconciliation in and through Jesus Christ; that the church is called to be the salt of the earth and the light of the world, that the church is called blessed because it is a peacemaker, that the church is witness both by word and by deed to the new heaven and the new earth in which righteousness dwells.”
  4. “We believe that God has revealed himself as the one who wishes to bring about justice and true peace among people.”
  5. “We believe that, in obedience to Jesus Christ, its only head, the church is called to confess and to do all these things, even though the authorities and human laws might forbid them and punishment and suffering be the consequence.”

Three of these statements also set forth additional detailed belief statements and rejections of any doctrine and ideology which:

  • “absolutizes  natural diversity or the sinful separation of people;”
  • “explicitly or implicitly maintains that descent or any other human or social factor should be a consideration in determining membership of the church;”
  • “sanctions in the name of the gospel or of the will of God the forced separation of people on the grounds of race or color;”
  • “would legitimate forms of injustice and any doctrine which is unwilling to resist such an ideology in the name of the gospel.”

The PC(USA)’s Adoption of the Belhar Confession [2]

As previously noted, on June 23, 2016 (30 years after the DRMC adoption of the Confession of Belhar), the General Assembly of the PC(USA) voted to add that Confession to the U.S. church’s Book of Confessions.

Rev. Godfrey Betha
Rev. Godfrey Betha

Immediately after the vote, the General Assembly was addressed by Rev. Godfrey Betha, the Vice Moderator of the Uniting Reformed Church in Southern Africa, which was formed by the DRMC and the Dutch Reformed Church in Africa for blacks. Betha told the General Assembly, “It is important to seek solidarity with South Africa. We’ve come a long way with the PC(USA). We are grateful to have you as partners in service to the Lord. Today we offer gratitude, we salute you as the PC(USA) for your historic decision to adopt the Belhar Confession as a standard of faith for your church. I bow in humility to God and thankfulness to you … I’ll never forget this date.”

Betha added: “Your decision affirms that, like those other historic standards of faith, the Belhar Confession transcends its historic circumstances as a standard for faith in all places and times. Your decision affirms that Belhar does speak against ideological and theological attempts to justify specific historical forms of injustice. Your decision affirms to your church, [and] to all, when you come looking for the demon of racism, don’t come to us.”

Rev. Allan Boesak
Rev. Allan Boesak

Also present at the General Assembly was Rev. Allan Boesak, a co-author of the Confession of Belhar and the moderator of the DRMC when it was adopted in 1986. He said, “I thank God for what happened here tonight. I thank God for your faithfulness. I thank God for your acknowledgement of our common humanity in doing this … I thank God, and I thank you, and because of Jesus and because of God’s faithfulness, we shall overcome.”

Rev. Denise Anderson
Rev. T. Denise Anderson

At that point the commissioners linked hands throughout the plenary hall and spontaneously broke into “We Shall Overcome,” the famous song of the U.S. African-American civil rights movement, led by the General Assembly’s Co- Moderator, Rev. T. Denise Anderson, Pastor, Unity Presbyterian Church, Temple Hills, MD.

Earlier that same day, and before the General Assembly action, Boesak had addressed a breakfast meeting at the General Assembly. He said the Belhar Confession “stirs us, humbles us, and inspires us … It’s a unifying document. We cannot yet foresee the consequences of the Confession. No other Confession has been so clear in its intentions: not only unity, but its foundationality; not just reconciliation, but its inescapability; not only justice, but its indivisibility.”

“Today is a defining moment for the PC(USA), as it was for the Dutch Reformed Mission Church 30 years ago as we finally adopted the Belhar Confession,” Boesak continued. “But the defining moment  was  not  just  the  adoption  of  the confession, as stunning as it was. In the years between 1982 and 1986, my friend and colleague and co-author Jaap Durand offered crucial prophetic insights that inspired and haunted the church in ways we couldn’t imagine in 1982, saying, ‘A  confession does not and cannot engage in mere trivialities. It can only be an extension of the ancient confession that Christ is Lord… I’m convinced that the Confession of Belhar will outlive apartheid and the heresy that formed it.’”

Recalling the struggles of black South Africans to remain faithful and pursue unity in light of terrible oppression, mass detention and cruel policies, Bosack said: “The church became directly involved in the efforts of freedom and justice in South Africa. The Jesus we worship and confess as Lord in the sanctuary is the Jesus we take into the street. Our people were slaughtered. Everyone was touched in one way or another.”

“By 1986 we saw no sense in, and had no desire for, unity with the white church, or with white people in general,” he said of the general despair that afflicted the DRMC. “But we had Belhar, [which] . . . understood [John] Calvin as he spoke of Holy Communion. ‘Christ has only one body of which he makes us all partakers.’”

Calling the unity of the church both a gift and command, Boesak said it was difficult in those years to find points of unity or reconciliation with those who were actively opposing the rights of black South Africans. The Belhar Confession, however, understood from Isaiah that God is not only a God of justice, but that God is a God of indivisible justice,” he said. “So against our self-absorbed instinct for self-absorbed victimhood, the black church confessed God as a God who wants to bring forth peace and justice in the world, and that God calls the church to follow in this, that the church must stand next to people in any form of need or injustice.”

This teaching of Belfar also challenged the DRMC when it faced the issue of the rights of LGBTQI and eventually affirmed those rights. Boesak said his denomination had “to face the consequences, not only with the white Dutch Reformed Church, but within itself.”

“In following Christ, the church must fight against those who use their privilege to oppress and put down any people,” he said. In asking the PC(USA) to “witness against any form of injustice,” Boesak turned his attention to Palestine, asking the denomination to support the boycott, divestment and sanctions movement – similar to those used to end apartheid – to place economic pressure on Israel to end the occupation and expansion of territories. “Kairos Palestine is a cry from the heart of suffering,” he said. “Unless it rolls down for Palestinians, it will not roll down for others. Indivisible. Do justice, love mercy and walk humbly with our God.”

In conclusion, Boesak said of Belhar and its broader implications: “It is a confession that stirs us, humbles us, and inspires us … It’s a unifying document.”

The PC(USA)’s Book of Confessions

The Book of Confessions is a collection of confessions and creeds that declare to the church’s “members and to the world who and what [the church] is, what it believes and what it resolves to do.” Prior to the addition of the Belhar Confession, the Book contained 11 confessions and creeds starting with the Nicene Creed of 325 and ending with A Brief Statement of Faith– Presbyterian Church (U.S.A.) of 1983.[3]

According to the church’s Book of Order, These creeds and confessions are “subordinate standards . . . subject to the authority of Jesus Christ, the Word of God, as the Scriptures bear witness to him” that “identify the church as a community of people known by its convictions as well as by its actions,” that “guide the church in its study and interpretation of the Scriptures,” that “summarize the essence of Christian tradition,” that “direct the church in maintaining sound doctrines” and that “equip the church for its work of proclamation.” They also give “witness to the faith of the church catholic” while identifying “with the affirmations of the Protestant Reformation:” “grace alone, faith alone, Scripture alone.”[4]

Westminster’s Recent Use of the Belhar Confession

One of Belhar Confession’s central themes was adapted for use by Minneapolis’ Westminster Presbyterian Church as its July 17, 2016, Call to Worship (in call and response mode):[5]

  • One: This we believe.
  • All: God longs to bring justice and peace among all people.
  • One: This we believe.
  • All: God teaches the church to do what is good and to seek the right.
  • One: This we believe.
  • All: God sees a day when all people – black, white, red, yellow, and brown – will live together in harmony.
  • One: This we believe.
  • All: God calls the church to follow Jesus, to lift up the poor, to heal those who hurt, to feed those who hunger, and to comfort those who grieve.”

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[1] PCUSA, Confession of Belhar (English translation); PCUSA, The Belhar Confession (paper about the history of the Confession); PCUSA, 30 Days with the Belhar Confession: Reflections on Unity, Reconciliation and Justice (this book weaves together Scripture passages and the Confession’s timely themes of unity, reconciliation and justice; it is written by a diverse collection of scholars, theologians and church leaders and is a great resource for individuals, study groups or entire congregations wanting to familiarize themselves with the Confession through prayer and reflection; the Confession itself is included).

[2] PCUSA, Allan Boesak commends Belhar Confession (June 23, 2016); PCUSA, Belhar added to PC(USA)’s Book of Confessions (June 23, 2016); Duffield, Adopting Belhar, the 222nd General Assembly Makes History, Presbyterian Outlook (June 23, 2016). The Confession previously had been adopted by Namibia’s Evangelical Reformed Church in Africa, Belgium’s United Protestant Church, the Reformed Church in America and the Christian Reformed Church of North America. The Dutch Reformed Church in South Africa, however, has not adopted the Confession in a manner acceptable to the Uniting Reformed Church in Southern Africa and, therefore, has not merged into the latter.

[3] PCUSA, Book of Confessions.

[4] PCUSA, Book of Order, Ch. II (1983-85 edition).

[5] Westminster, Worship Bulletin (July 17, 2016).

 

 

Cuba and Nine Other Countries Reject Accreditation of Free Press Group To Participate in U.N. Meetings 

On May 26, a United Nations committee rejected, 10 to 6, an application for accreditation to attend U.N. meetings from the Committee to Protect Journalists (CPJ), an international, independent group that monitors attacks on journalists around the world and campaigns for the release of those who are jailed.[1]

The 10 negative votes came from Cuba along with Azerbaijan, Burundi, China, Nicaragua, Pakistan, Russia, South Africa, Sudan and Venezuela. The yes votes came from Greece, Guinea, Israel, Mauritania, the United States and Uruguay. The abstentions were by India, Iran and Turkey, the latter two having reputations for persecuting journalists.

At the committee meeting U.S. Ambassador Sarah Mendelson made a lengthy statement advocating accreditation for CPJ, which, she said, is “a reputable non-governmental organization that promotes press freedom worldwide and defends the right of journalists to report the news without fear of reprisal.” Such a group has shown that “a free press remains a critical foundation for prosperous, open, and secure societies, allowing citizens to access information and hold their governments accountable. Indeed, the Universal Declaration of Human Rights reiterates the fundamental principle that every person has the right ‘to seek, receive, and impart information and ideas through any media and regardless of frontiers.’”[2]

Afterwards the U.S. Ambassador to the U.N., Samantha Power, said, “It is increasingly clear that the NGO committee acts more and more like an anti-NGO committee.” She also said that the U.S. would appeal the committee’s decision to the full 54-member U.N. Economic and Social Council.

CPJ stated, “It is sad that the U.N., which has taken up the issue of press freedom through Security Council and General Assembly resolutions and through the adoption of the U.N. Action Plan, has denied accreditation to CPJ, which has deep and useful knowledge that could inform decision making. A small group of countries with poor press freedom records are using bureaucratic delaying tactics to sabotage and undermine any efforts that call their own abusive policies into high relief.”[3]

This April CPJ’s annual report ranked Cuba 10th on its list of the 10 Most Censored Countries. Key for this ranking was Cuba’s having “the most restricted climate for press freedom in the Americas. The print and broadcast media are wholly controlled by the one-party Communist state, which has been in power for more than half a century and, by law, must be ‘in accordance with the goals of the socialist society.'” In addition, CPJ stated, “The government continues to target critical journalists through harassment, surveillance, and short-term detentions.”[4]

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[1] Sengupta, Press Freedom Group’s Application for U.N. Accreditation is Rejected, N.Y. Times (May 26, 2016); Assoc. Press, UN Committee Denies Credentials to Press Freedom Group, N.Y. Times (May 26, 2016); Reuters, U.N. Panel Rejects Press Freedom Watchdog Accreditation Request, N.Y. Times (May 26, 2016).

[2] Mendelson, Remarks at the UN Committee on Non-Governmental Organizations Regarding the Accreditation of the Committee to Protect Journalists, U.S. Mission to the U.N. (May 26, 2016).

[3] CPJ, CPJ denied ECOSOC consultative status after vote in UN NGO Committee (May 26, 2016).

[4] Cuba Gets Low Marks on Press Freedom from Committee to Protect Journalists, dwkcommentaries.com (April 18, 2016).