U.S. Withdraws from U.N. Human Rights Council 

On June 19 U.S. Secretary of State Mike Pompeo and U.S. Ambassador to the U.N. Nikki Haley announced that the U.S. had “withdrawn” from its membership on the U.N. Human Rights Council.[1] The Council’s current President, Ambassador Vojislav Šuc (Slovenia) immediately responded to this news.

Secretary Pompeo’s Remarks

“The Trump administration is committed to protecting and promoting the God-given dignity and freedom of every human being. Every individual has rights that are inherent and inviolable. They are given by God, and not by government. Because of that, no government must take them away.”

“For decades, the United States has led global efforts to promote human rights, often through multilateral institutions. While we have seen improvements in certain human rights situations, for far too long we have waited while that progress comes too slowly or in some cases never comes. Too many commitments have gone unfulfilled.”

“President Trump .. . has called out institutions or countries who say one thing and do another. And that’s precisely the problem at the . . . Council. As President Trump said at the UN General Assembly: “It is a massive source of embarrassment to the United Nations that some governments with egregious human rights records sit on the . . . Council.” In short, the Council now “is a poor defender of human rights.”

It “has become an exercise in shameless hypocrisy – with many of the world’s worst human rights abuses going ignored, and some of the world’s most serious offenders sitting on the council itself.” Those members include “authoritarian governments with unambiguous and abhorrent human rights records, such as China, Cuba, and Venezuela.” In addition, the Council’s “bias against Israel is unconscionable. Since its creation, the council has adopted more resolutions condemning Israel than against the rest of the world combined.”

Moreover, the U.S. “will not take lectures form hypocritical bodies and institution as Americans selflessly give their blood and treasure to help the defenseless.”

 Ambassador Haley’s Remarks

The Ambassador recalled her speech to the Council in June 2017 that “declared our intent to remain a part of the . . . Council if essential reforms were achieved.. . . to make the council a serious advocate for human rights.”[2]

She then provided details on how the U.S. since then unsuccessfully has endeavored to obtain such reforms. Therefore, the U.S. “is officially withdrawing from the . . . Council.”

The details of the failure of reform included: (a) the U.N. General Assembly last Fall electing as a Council member the Democratic Republic of the Congo, which “is widely known to have one of the worst human rights records in the world;” (b) the Council would not hold “a meeting on the human rights conditions in Venezuela” because it is a Council member; (c) early this year the Council passed five resolutions against Israel; (d) the U.S. effort to reform the Council was blocked by “unfree countries,” including “Russia, China, Cuba, and Egypt;” and (e) “many members that share U.S. values “were unwilling to seriously challenge the status quo.”

In contrast, she said, under U.S. leadership the U.N. Security Council this past 12 months held its “first ever . . . session dedicated to the connection between human rights and peace and security” and another session on “Iranian human rights.” In addition, last year the U.S. organized “an event on Venezuela outside the Human Rights Council chambers in Geneva.” And the Ambassador herself has traveled “to UN refugee and internally displaced persons camps in Ethiopia, Congo, Turkey, and Jordan, and met with the victims of atrocities in those troubled regions.”

Council President Šuc’s Statement[3]

“While I recognize it is the prerogative of any member State to take such a decision [to withdraw], I wish to acknowledge that the United States has been a very active participant at the Council having engaged constructively on numerous issues aimed at improving the lives of rights holders around the globe, including the many issues which we are addressing in our current session. The Human Rights Council always stands to benefit from constructive engagement of its member States.”

“In times when the value and strength of multilateralism and human rights are being challenged on a daily basis, it is essential that we uphold a strong and vibrant Council recognizing it as a central part of the United Nations for the 21st century.”

“Over the past 12 years, the . . . Council has tackled numerous human rights situations and issues keeping them in sharp focus.  In many senses, the Council serves as an early warning system by sounding the alarm bells ahead of impending or worsening crises.  Its actions lead to meaningful results for the countless human rights victims worldwide, those the Council serves.”

“The . . . Council is the only intergovernmental body responding to human rights issues and situations worldwide, with the active participation of civil society.  It provides a unique setting to hear a wide range of views, including those which other organizations are unable or unwilling to discuss.”

Conclusion

I disagree with the U.S. decision to withdraw from its membership on the Council for several reasons.

First, the Human Rights Council does not have the power to order any Council member or any other U.N. member to do anything. Instead it is “responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and [making] recommendations on them. It has the ability to discuss all thematic human rights issues and situations that require its attention.” In short, it is a forum for discussion or debate on these issues, and the U.S. has an important voice to raise on these issues.

Second, there are 47 Council members, and although the U.S. correctly points out that some members have horrible human rights records, there is no claim that such countries constitute a majority of the Council. Moreover, no country in the world has a perfect record on these issues, including the U.S.

Third, all Council members, including the bad actors, are subject to Universal Periodic Review (UPR) every five years. A mere summary of the latest UPRs for the countries mentioned by Secretary Pompeo and Ambassador Haley shows that each of them received many recommendations for improving their human rights records, thereby negating or diminishing the notion advanced by these two U.S. officials that those with poor records escape censure by the Council.[4]

Fourth, the High Commissioner for Human Rights has the authority and responsibility to provide the Council with his or her assessment of human rights concerns in the world. The current High Commission did just that on June 18 (the day before the previously mentioned U.S. decision to withdraw from the Council).[5] In so doing he had critical comments about  seven of the nine countries identified by Pompeo and Haley as having bad human rights records (China, Democratic Republic of Congo, Ethiopia, Iran, Russia, Turkey and Venezuela).

Fifth, the High Commissioner had these critical fact-based criticisms of    Israel and the U.S., which both countries should be willing and able to evaluate on their merits:

  • “Israel continues to deny access to the Occupied Palestinian Territory by the Special Rapporteur on the Situation of human rights in the Palestinian territory occupied since 1967. This has been the case for three successive holders of the mandate. Access has also been denied to all of the Council’s previous Commissions of Inquiry, including on Gaza in 2014. I believe the Council’s advocacy of impartial monitoring and expert recommendations is entirely justified by the gravity of the situation, and I urge Israel to provide access to all human rights mechanisms – including the investigative body mandated last month – to enable impartial monitoring and advance accountability and justice.” (Emphasis in original.)
  • “In the United States, I am deeply concerned by recently adopted policies which punish children for their parents’ actions. In the past six weeks, nearly two thousand children have been forcibly separated from their parents. The American Association of Pediatrics has called this cruel practice ‘government-sanctioned child abuse’ which may cause ‘irreparable harm,’ with ‘lifelong consequences’. The thought that any State would seek to deter parents by inflicting such abuse on children is unconscionable. I call on the [U.S.] to immediately end the practice of forcible separation of these children, and I encourage the Government to at last ratify the Convention on the Rights of the Child, in order to ensure that the fundamental rights of all children, whatever their administrative status, will be at the center of all domestic laws and policies.” (Emphasis in original.) [6]

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[1]  U.S. State Dep’t, Remarks on the UN Human Rights Council (June 19, 2018). The Council is made up of 47 U.N. Member States, which are elected by the majority of members of the U.N. General Assembly through direct and secret ballot. The Council’s Members serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The U.S. is in its second consecutive term ending  January 1, 2019.

[2] Haley, Remarks at the United Nations Human Rights Council (June 6, 2017); Haley, Remarks at the Graduate Institute of Geneva on “A Place for Conscience: the Future of the United States in the Human Rights Council” (June 6, 2017).

[3] Human Rts. Council, Press Statement by the President of the Human Rights Council, Ambassador Vojislav Šuc (Slovenia) (June 19, 2018)

[4] Human Rights Council: Report of the Working Group on the UPR-China (252 paragraphs of recommendations) (Dec. 4, 2013);Report of the Working Group on the UPR-Cuba (292 paragraphs of recommendations) (July 8, 2013); Report of the Working Group on the UPR-Democratic Republic of Congo (229 paragraphs of recommendations) (July 7, 2014); Report of the Working Group on the UPR-Ethiopia (252 paragraphs of recommendations) (July 7, 2014); Report of the Working Group on the UPR-Iran (291 paragraphs of recommendations) (Dec. 22, 2014); Report of the Working Group on the UPR-Jordan (173 paragraphs of recommendations) (Jan. 6, 2014); Report of the Working Group on the UPR-Russian Federation (231 paragraphs of recommendations) (July 8, 2013);Report of the Working Group on the UPR-Turkey (278  paragraphs of recommendations) (April 13, 2015); Report of the Working Group on the UPR-Venezuela (274  paragraphs of recommendations) (Dec. 27, 2016).

[5]  U.N. Hum. Rts. Council, Opening statement and global update of human rights concerns by UN High Commissioner for Human Rights Zeid Ra’ad Hussein at 38th session of the Human Rights Council (June 18, 2018).

[6] After a firestorm of criticism by the public and politicians from both major political parties, President Trump on June 20 signed an executive order ending the policy of separating immigrant children from their immigrant parents. (Haberman & Shear, Trump Signs Executive Order to Keep Families Together, N.Y. Times (June 20, 2018).)

 

 

More Unkind Words About Cuba from Vice President Mike Pence

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

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

Conclusion

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

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

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

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

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

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

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

Comments About Venezuela[1]

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

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

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

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

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

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

 Draft Resolution on the Situation in Venezuela[2]

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

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

Comments About Cuba[3]

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

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

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

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

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

Conclusion

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

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

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

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

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

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

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

A Pessimistic Assessment of Cuba’s Economic Future

Jorge G. Castañeda, the Foreign Minister of Mexico from 2000 to 2003,[1] has rendered a pessimistic assessment of Latin American socialism, especially in Venezuela and Cuba.[2]

He starts with the assertion that the recent “Cubana de Aviación airliner’s crash in Havana . . . [was an] illustration of the utter bankruptcy of the 21st century socialism.” Later in the article he says, like “the Cuban economy, the plane was old, poorly maintained, leased by the national airline because it was the only one it could afford, and the rest of Cubana de Aviación’s domestic fleet had already been grounded.” (A subsequent article reported that Cubana de Aviación has suspended all domestic flights until September.[3])

Cuba, he says, “paid a heavy price for the initial, and perhaps enduring, successes of its revolution: education, health and dignity. But from the very beginning — with the exception of a few years between the collapse of the Soviet Union and the end of its subsidies to Cuba in 1992 and the advent of Venezuelan support in 1999 — it always found someone to pay the bills. The next option was meant to be the United States. That no longer seems possible.”

Now, with a new president, Cuba “again faces enormous economic and social challenges. They stem from three problems with no solutions.”

“First, says Castañeda, is the fall of tourism from the United States and the new tough line on Cuba adopted by the Trump administration. Through March of this year, the number of visitors from the United States is down more than 40 percent compared with 2017. This is partly because of travel warnings over safety issued by Washington, partly because of new travel restrictions put in place by President Trump [[4]] and because after the initial boom of nostalgic tourism, Cuba is now competing for normal travelers with the rest of the Caribbean. Its beauty and charm do not easily outweigh other destinations’ far superior services and infrastructure, and lower prices. Today myriad start-up businesses — always thought to be too small and numerous to survive — that sprang up for United States visitors are failing as a result of falling tourism.” [5]

Second, according to Castańeda, “American sanctions and Cuban fear of economic reforms have rendered the push for greater foreign investment somewhat futile. After an initial rush of highly publicized announcements, some United States companies have proved reluctant to run risks, particularly given Mr. Trump’s hostility toward all things Obama, and his dependence on Florida for re-election.”

As a result, he continues, the Cuban “economy has stopped growing, scarcities have re-emerged and new opportunities for employment and hard-currency earnings are not appearing. If one adds to this the government’s decision to suspend new cuentapropista or private self-employment permits, it is no surprise to discover that economic prospects are dim.”

Third, “Venezuela is no longer able to subsidize Cuba’s transition to a Vietnam-style socialist economy the way it did before.” In short, Venezuela cannot now provide oil to Cuba at below-market prices and on credit and cannot pay for Cuban doctors, teachers and intelligence personnel, which has been a major source of Cuban export earnings.

Nevertheless, Venezuela is “Cuba’s only unconditional ally in the world.” Hence, the first foreign leader to visit Cuba’s new president, Miguel Diaz-Canel, was Venezuela’s president, Nicolás Maduro, and Diaz-Canel returned the favor by making his first foreign visit to Venezuela.[6]

Now the U.S. is pressing for increased hemispheric sanctions against Venezuela with U.S. Secretary of State Mike Pompeo on June 4 being expected to drop the next shoe in an address to the  General Assembly of the Organization of American States.[7] If any of those anticipated U.S. requests are met, this will increase the pressures on Cuba.

Conclusion

 In partial response to these issues, on June 2 Cuba started the process for revising its constitution with the agenda for an extraordinary session of its national legislature (the National Assembly of People’s Power) including approval of “the process to be followed in carrying out Constitutional Reform and the commission of deputies responsible for drafting and presenting the proposed Constitution of the Republic.”  This first step was the approval of a commission to prepare a draft of a revised constitution that will be headed by Raúl Castro, the former president, Diaz-Canel, the current president, and 31 others. Once the constitutional draft is ready, it is slated to be discussed first by the national legislature and then by the broader population, before being submitted to a referendum.[8]

One of the major anticipated challenges for drafting the new constitution will be validating private ownership of property and businesses while simultaneously upholding the “irrevocable nature of socialism.” Perhaps the selection of Castro as the chair of this constitutional commission is not as anti-economic reform as might appear to outsiders. After all Raúl first announced the need for a new constitution in 2011 after embarking on a series of reforms cautiously opening up the economy to foreign investment and the private sector in order to make Cuban socialism sustainable. And at the Communist Party’s Congress in 2016, Castro praised the innovations of the private sector and criticized the “outdated mentalities” and “inertia” of state-owned enterprises.[9]

Such a change will have to delete or modify a current constitutional clause forbidding Cubans from “obtaining income that comes from exploiting the work of others.” “According to Julio Perez, a political analyst and former news editor at state-run Radio Habana, said “Cuba has to make substantial changes to the constitution that endorse private property, self-employment and cooperatives as part of the Cuban economy.”

Simultaneously there are reports that the government is preparing decrees regarding norms for 2,386 Cooperatives of Credit and Services (CCS), 650 Cooperatives of Agricultural Production (CPA) and 1,084 Basic Units of Cooperative Production (UBPC) operating in the agricultural sector and producing 92% of the island’s food.[10]

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[1] Castañeda now is Associated Professor of Public Service, New York University (NYU) Wagner; Global Distinguished Professor of Politics and Latin American and Caribbean Studies, NYU Faculty of Arts and Science. He also is a former member of the  board of Human Rights Watch and a noted author.

[2] Castañeda, The Bankruptcy of 21st Century Socialism, N.Y. Times (June 2, 2018).

[3] Cubano de Aviación will maintain the suspension of domestic flights at least until September, Diario de Cuba (June 2, 2018).

[4] This blog has criticized the 2017 State Department’s urging Americans to reconsider traveling to Cuba because of the still unresolved medical problems experienced by some U.S. (and Canadian) diplomats in Havana and the U.S. cancellation of individual person-to-person travel to Cuba. (E.g., A New Travel Warning for Americans Traveling to Cuba, dwkcommentaries.com (Sept. 19, 2017); New U.S. Regulations Regarding U.S. Travel to Cuba and Transactions with Cuban Entitles, dwkcommentaries.com (Nov. 8, 2017).)

[5]  As this blog has reported, Cuba’s private sector was flourishing in 2015-2016, but has fallen into hard times as a result of new Cuban restrictions on such enterprises and the decline of American visitors, a result that should be contrary to the normal Republican promotion of entrepreneurship and of a potential challenge to Cuba’s socialism. (See., e.g., Why Is the Cuban Government Trying To Slow Down the Private Sector? dwkcommentaries.com (Aug. 3, 2017).)

[6] E.g., Cuba’s New Leader Praises Maduro in ‘Solidarity’ Visit to Venezuela, N.Y. Times (May 30, 2018); Why did Díaz-Canel make his first state visit as President to Venezuela?, Granma (June 1, 2018).

[7] U.S. State Dep’t, Secretary of State Pompeo to Lead U.S. Delegation to the Organization of American States General Assembly (June 1, 2018).

[8] Reuters, Cuba Set to Launch Constitutional Rewrite to Reflect Reforms, N.Y. Times (June 2, 2018); Raúl will lead the Commission in charge of the project of Constitution of the Republic (+ Video), Granma (June 2, 2018); Díaz-Canel: The new Constitution will take into account the principles of our political system, Granma (June 2, 2018); Deputies will continue meeting following extraordinary session, Granma (June 1, 2018); Romero, Constitutional Reform in Cuba: Priority for ANPP commissions, Cubadebate (June 2, 2018); Assoc. Press, Cuba Forms Commission to Update Soviet-Era Constitution, N.Y. Times (June 2, 2018); Reuters, Raul Castro Appointed to Head Rewrite of Cuba Constitution, N.Y. Times (June 2, 2018).

[9] Raúl Castro Discusses Socio-Economic Issues in Report to Seventh Congress of the Communist Party of Cuba, dwkcommentaries.com (April 19, 2016); President Raúl Castro Affirms Importance of Cuba’s Private Sector, dwkcommentaries.com (July 18, 2017).

[10] The government prepares laws for Cuban agricultural cooperatives, producers of 92% of food, Diario de Cuba (June 2, 2018).

Discussion About Cuba at the Washington Conference on the Americas

On May 8 the U.S. Department of State hosted the Americas Society’s Council of the Americas’ 48th Annual Washington Conference on the Americas with U.S. administration senior officials and distinguished leaders from across the Americas to focus on the major policy issues affecting the hemisphere..[1]

The speakers at this event were Acting Secretary of State John J. Sullivan; U.S. Ambassador to the U.N., Nikki Haley; U.S. Senators Marco Rubio (Rep., FL) and Benjamin Sasse (Rep., NE); other U.S. State Government officials (U.S. Treasury Undersecretary for International Affairs, David Malpass; U.S. Agriculture Undersecretary of Trade and Foreign Agricultural Affairs, Ted McKinney; U.S. Acting Assistant Secretary of State for Western Hemisphere Affairs, Francisco Palmieri) plus Brazilian Ministry of Finance Secretary for International Affairs Marcello Estevão; and International Finance Corporation Chief Executive Officer Philippe Le Houérou.

The bulk of the comments were directed at combatting corruption and at criticizing Venezuela and then at Nicaragua with only a few barbs at Cuba, as discussed below.

Acting Secretary Sullivan’s Remarks[2]

Acting Secretary Sullivan said, “Our engagement in the Americas, of course, is not a recent phenomenon. Since the birth of our republic, the United States has had strong relationships in the Western Hemisphere, bonds built on geography, shared values, and robust economic ties. We strive to coexist peacefully and to do so in a mutually beneficial way.”

The U.S. “Caribbean 2020 strategy is increasing private sector investment in the Caribbean, promoting Caribbean energy security, and building resilience to natural disasters. The Caribbean Basin Security Initiative seeks to enhance maritime interdictions, build institutions, counter corruption, and foster cooperation to protect our shared borders from the impact of transnational crime.”

“Threats to the hemisphere occur on a number of other complex fronts, requiring coordinated and sophisticated responses. Whether building capacity to counter cyber threats, supporting de-mining in Colombia, or combating trafficking in persons, the United States is committed to being the security partner of choice for the Americas in the years ahead.”

“The United States is the top trading partner for over half of the 34 countries in the Western Hemisphere. Annually, we trade $1.8 trillion in goods and services with the hemisphere, supporting millions of jobs and leading to an $8 billion surplus in goods and services in 2017.”

“Underpinning our economic engagement is respect for the rule of law and shared values. Corruption both undermines and corrodes the confidence our citizens have in democratic institutions.”

“Finally, we must keep working together to ensure that the people in this hemisphere can live according to democratic values. . . . While most of the region enjoys democratic rule, a few outliers – Cuba, Nicaragua, and Venezuela – continue to undermine the region’s shared vision for effective democratic governance as enshrined in the Inter-American Democratic Charter.” (Emphasis added.)

The United States remains committed to championing freedom and to standing with the people of Venezuela and Cuba in their struggle to achieve the liberty they deserve. . . . We look to our partners – including governments and civil society organizations – to join us in speaking up whenever and wherever the hemisphere’s shared democratic principles come under attack.” (Emphasis added.)

U.S. Ambassador Haley’s Remarks[3]

“I am here today because the Trump Administration places a high priority on the Western Hemisphere, its security, its prosperity, and its freedom. And we recognize that the United States must reassert our leadership in the hemisphere.”

“I have seen time and time again at the United Nations that when the United States fails to lead, we suffer, and the world suffers. This is even more true in our relationships with other nations. There is no substitute for strong U.S. leadership, based on our values of political and economic freedom and respect for human rights.”

“The prosperity of the United States is critically tied to the prosperity of the hemisphere. Our future is bound up with our neighbors.”

“Among other things, we are each other’s largest and best trading partners. The United States sells more goods and services to our neighbors in the Western Hemisphere than we do to China, Japan, and India combined. While a lot of attention is placed on issues of trade with China, we should keep in mind that we trade nearly three times as much with the Western Hemisphere as we do with China.”

“We are also dependent on each other for our security.”

“And the principle that ties it all together is something else the United States has in common with most of our neighbors in the hemisphere – a commitment to freedom. . . . The western hemisphere is increasingly dominated by countries that share our political and economic principles.”

“The great human rights activist Natan Sharansky had a test for evaluating the freedom of societies that he called the “Town Square Test.” According to Sharansky, if someone can walk into a town square and express his or her views without being arrested, thrown in prison, or beaten, then they lived in a free society. If not, they lived in what he called a ‘fear society.’”

“As we look across the Americas, it’s pretty easy to tell the free societies from the fear societies. It’s a testament to the people of Latin America – and the love of freedom and dignity that exists in the human heart – that most of the hemisphere is free.”

“Across Latin America, the good news is that these challenges are increasingly dealt with through a commitment to the rule of law and democratic institutions. The region is far from perfection, but the progress is unmistakable.”

The democratic process  “has exposed the rot at the core of the Nicaraguan government. Like his patron in Caracas and his mentors in Havana, the Ortega government has stayed in power by rigging elections, intimidating critics, and censoring the media.” (Emphasis added.)

The Cuban-Venezuelan-Nicaraguan model of socialism, dictatorship, corruption, and gross human rights violations has proved to be a complete and total failure. It has caused the suffering of millions of people. (Emphasis added.)

“We cannot allow the last, few surviving authoritarians to drag down the hemisphere. As neighbors, the United States and all the nations of Latin America are bound together on this journey.”

Senator Rubio’s Remarks[4]

Senator Rubio’s hostile opinions regarding the Cuban government are well known and appear to be a major factor behind the Trump Administration’s policies on Cuba. At this conference, Rubio was brief. He said, “What I care about in Cuba is political freedoms. The ability to have independent political parties, and a free press and to speak your mind, that’s what I support in Cuba.” (Emphasis added.)

About a week later, a Rubio complaint led the State Department to cancel a seminar, titled “Cuba under [Miguel] Díaz-Canel,” because it only was going to feature speakers who support normalization with Cuba. The scheduled speakers were Carlos Saladrigas, president of the Cuba Study Group; Marguerite Jimenez of the Washington Office on Latin America; American University professor William LeoGrande; and Philip Peters of the Cuba Research Center. LeoGrande and Peters also are advisers to Engage Cuba, a bipaartisan coalition which favors lifting the U.S. embargo.

Americas Society Background[5]

The Americas Society “Is the premier forum dedicated to education, debate, and dialogue in the Americas. Its mission is to foster an understanding of the contemporary political, social, and economic issues confronting Latin America, the Caribbean, and Canada, and to increase public awareness and appreciation of the diverse cultural heritage of the Americas and the importance of the inter-American relationship.”

Its Council of the Americas is “the premier international business organization whose members share a common commitment to economic and social development, open markets, the rule of law, and democracy throughout the Western Hemisphere. The Council’s membership consists of leading international companies representing a broad spectrum of sectors, including banking and finance, consulting services, consumer products, energy and mining, manufacturing, media, technology, and transportation.”

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[1] State Dep’t, Deputy Secretary Sullivan To Deliver Opening Keynote Remarks at the 48th Annual Washington Conference on the Americas (May 7, 2018); Council of the Americas, Washington Conference on the Americas.

[2] U.S. Embassy in Havana, Remarks at 48th Annual Washington Conference on the Americas (May 8, 2018).

[3] Americas Society. Remarks: U.S. Ambassador Nikki Haley to the 48th Annual Washington Conference (May 8, 2018).

[4]  Press Release, VIDEO: Rubio Delivers Remarks at Annual Washington Conference on the Americas (May 8, 2018); Torres, State Department postpones event on Cuba after Sen. Rubio protests, Miami Herald (May 17, 2018).

[5] Americas Society, About AS/COS .

 

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

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

Advance Questions for Cuba[1]

 The following advance questions were submitted by other Council members:

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

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

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

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

5. What concrete actions has Cuba taken to release persons deprived of their liberty for political reasons.?

Brazil 1.How does Cuba guarantee the rights of the LGBTI?

2.How does Cuba ensure the independence and impartiality of the judiciary?

Germany 1.Does Cuba plan to ratify the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights?

2.What will Cuba do to enable independent journalism?

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

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

5.Will Cuba establish an independent national human rights institution?

Liechtenstein 1.Will Cuba ratify the Rome Statute for the International Criminal Court in its 2010 version?

2.Will Cuba join the Code of Conduct for U.N. Security Council action against genocide, crimes against humanity or war crimes?

Malta 1.What steps has Cuba taken to increase the effectiveness of control by the people of the activities of States bodies, elected representatives and civil servants.?
Portugal 1.How does Cuba coordinate the implementation of UPR recommendations that it accepts?

2.How does Cuba coordinate the implementation of recommendations/observations by U.N. human-rights Treaty bodies and Special Procedures and by regional mechanisms?

Slovenia 1.Provide more information on how non-governmental organizations operate in Cuba and details on any consultation process with them.
Spain 1. Is Cuba reforming its Law on Associations and the Electoral Law to promote a higher level of inclusion and social participation?

2. Which multilateral instruments on Human Rights does Cuba plan to sign and/or ratify?

Sweden 1.Provide more information on Cuba’s prevention of trafficking in persons.

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

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

4.How will Cuba secure free and unrestricted travel for all of its citizens?

Switzerland 1.What did Cuba do to guarantee free and open participation of all citizens in its last election?

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

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

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

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

6.How do families have transparent and open information about a family member who is a temporarily detained as an alleged criminal?

United Kingdom 1.Will Cuba allow the development of independent political parties, including their legal registration and participation in future elections?

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

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

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

5.Will Cuba bring its laws into compliance with international human rights standards on freedom of expression, association and assembly?

U.S.A. 1. Will Cuba ensure that members of the political opposition, including independent candidates, can participate freely and without threats?

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

U.N. Human Rights Council Membership[3]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

 

 

 

More Hostile Comments About Cuba from U.S. Vice President Pence and U.S. Ambassador to the Organization of American States  

As discussed in a previous post, harsh rhetoric about Cuba recently has come from the lips of U.S. Vice President Mike Pence and the new U.S. Ambassador to the Organization of American States (OAS), Carlos Trujillo. Now there has been more such rhetoric.

Vice President Pence[1]

On May 2, the Vice President at his Ceremonial Office in the Eisenhower Executive Office Building in Washington, conducted the swearing-in of  Carlos Trujillo, a Cuban-American, as the new U.S. Permanent Representative to the Organization of American States. In his remarks, the Vice President said, “In Cuba, the Castro name may be fading, but its legacy of tyranny lives on and hangs over that country like a cloud, darkening the future of all who call that island home.”

On May 7, the Vice President appeared at a Special Meeting of the Permanent Council of OAS at its headquarters in Washington, D.C. and said the following about Cuba:

  • “In Cuba, the longest-surviving dictatorship in the Western Hemisphere still clings to power.  For nearly 60 years, the Castro family systematically sapped the wealth of a great nation and of the Cuban people.  While the Castro name is now fading, the oppression and police state they imposed is as powerful as ever.”
  • “Today, the United States once again stands with the Cuban people in their stand for freedom.  No longer will our dollars fund Cuba’s military, security, and intelligence services — the core of that regime.  And in this administration, we will stand and we will always say, ‘Que Viva Cuba Libre.’”
  • “But Cuba’s leaders have never been content to stifle just their own people’s freedom.  For generations, that communist regime has sought to export its failed ideology across the wider region.  And today, the seeds of Cuban tyranny are bearing fruit in Nicaragua and Venezuela.”

The main topic of his address, however, was the announcement of new U.S. measures against Cuba’s major ally, Venezuela:  imposing financial sanctions on three Venezuelans; providing $2.5 million to help Venezuelans temporarily living in Colombia; and demanding Venezuela’s president to open the country to international aid. In addition, Pence demanded that the country suspend what he called a fraudulent election later this month and called for the other OAS members “to cut off Venezuela’s corrupt leaders from laundering money through your financial systems;” “to enact visa restrictions that prevent Venezuela’s leaders from entering your nations;” “to hold [President] Maduro accountable for destroying Venezuela’s democracy;” and to vote to suspend Venezuela from the OAS.

Ambassador Trujilo[2]

At his May 2 swearing-in, Ambassador Trujillo criticized President Obama’s being in Cuba in 2016 “shaking hands, eating hotdogs, and celebrating a baseball game with a dictator who tortured and imprisoned political prisoners and dissidents throughout many years.” The new Permanent Representative concluded by saying, “I look forward to working diligently with that resolve and never wavering until Venezuela, Cuba, Nicaragua, and the Western Hemisphere is free and able to enjoy the liberties and democracies that we all celebrate.” (Emphasis added.)

On Sunday, May 6, on Univision, Trujillo said that “Raul Castro should be tried for his crimes against human rights” and that he hopes for the OAS , and for other agencies, that these trials will be held.” These comments were supported by a spokesman for the International Justice Commission of Cuba, which is composed of civil rights activists from 10 countries.

Cuba’s Response[3]

The Cuban response was provided on May 7 by its  Foreign Ministry’s Director General for the United States,  Fernandez de Cossio. He rejected what he called “aggressive and false” statements by Vice President Pence at the OAS meeting. Indeed, Pence  allegedly lied when he claimed that the U.S. has a long-standing commitment on the continent to democracy and freedom and that the U.S. supports the Cuban people. Moreover, the U.S. has intensified the blockade (embargo) of the island, aimed at stifling its economy and people while the OAS Is “known for its support for the most horrendous crimes on the continent, ranging from coups and brutal dictatorships to assassinations, torture and disappearances.”

Minister Fernandez continued. Vice President Pence does not realize that Latin America is different and that the U.S. policies will fail. Cuba will continue to build an independent, sovereign, socialist, democratic and sustainable country, and will also continue to support the construction of our America in solidarity and respectful of the diversity of peoples.

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[1] White House, Remarks by vice President Pence at Swearing-In Ceremony of Carlos Trujillo as U.S. Permanent Representative to the Organization of American States (May 2, 2018); White House, Remarks by Vice President Mike Pence During a Protocolary Meeting at the Organization of American States (May 7, 2018); Assoc. Press, US Hits 3 Venezuelans, 20 Companies, With Sanctions, N.Y. Times (May 7, 2018).

[2]  White House, Remarks by vice President Pence at Swearing-In Ceremony of Carlos Trujillo as U.S. Permanent Representative to the Organization of American States (May 2, 2018); Carlos Trujillo: Raúl Castro must be tried for his crimes against human rights, Diario de Cuba (May 7, 2018).

[3] The MINREX qualifies Pence’s statements as ‘aggressive and false,’ Diario de Cuba (May 6, 2018); Cuba rejects aggressive speech by Mike Pence, vice president of the United States, CubaDebate (May 7, 2018).