Yet Another USAID Effort To Promote Regime Change in Cuba

On August 4th, the Associated Press (AP) reported that the United States Agency for International Development (USAID) had funded and implemented a program in 2010-2012 to attract young Cubans for purported civic programs on the island with the real purpose of recruiting them to anti-government activism.

We will look at the AP’s account of this program, and subsequent posts will examine reactions to this account from the U.S. government and others.

According to the AP, USAID through a private contractor, Creative Associates International,[1] recruited nearly a dozen young people from Costa Rica, Peru and Venezuela to go to Cuba as purported tourists. Once there, they conducted a HIV workshop and visited Cuban universities. Their mission, says the AP, was “to recruit [young Cubans] with the long-term goal of turning them against their government.”

The purported tourist who organized the HIV workshop said in a report that it was “the perfect excuse” for the treatment of “the underlying theme” of generating “a network of volunteers for social transformation.”

After visiting two universities in two cities, the purported tourists identified a “target group” of students they thought both opposed the government and had organizational skills.” Their report about these visits “describe the students and their facilities in great detail, noting complaints and fairness issues that might be exploited. Potential recruits were listed by name, and then profiled, their leadership qualities assessed in a spreadsheet.” This report also described “the political culture of the university, including the role of the Union of Communist Youth, and . . . student gripes.” The “students were constantly criticizing the regime,” which, the trip report said, “assures us of having beneficiaries with a clear mind as to the objectives that we are pursuing.”

In a week’s prior training in Costa Rica, Creative Associates International told the purported tourists not to mention the company in Cuba and to keep calm if they were interrogated by Cuban officials. Their written instructions stated, “Although there is never total certainty, trust that the authorities will not try to harm you physically, only frighten you. Remember that the Cuban government prefers to avoid negative media reports abroad, so a beaten foreigner is not convenient for them.” Creative Associates provided the young people with a set of security codes for communicating with the company, but instructed not to use encrypted flash drives stamped conspicuously with the word “IronKey” and to bring personal photos and information in their laptop computers.

After there were indications that the Cuban authorities were at least suspicious about these activities, Creative Associates cancelled the purported tourists’ visits and instead decided to recruit some of the Cuban contacts to obtain Cuban exit permits so that they could go to another country for training, to pay other Cuban “beneficiaries” on the island to run the programs and to have “mules” bring the necessary cash to the island. This approach, however, was not successful.

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[1] Creative Associates also was the private contractor for USAID’s social media program for Cuba that was discussed in a prior post, a re-posting from the Latin American Working Group and another post about a Senate hearing regarding that program.

Latest U.S. Report on Global Human Trafficking

TIP2014cover_200_1

 

On June 20, 2014, the U.S. Department of State released  its Trafficking in Persons Report 2014 (TIP).

The Department asserts that along with the other annual  reports, this TIP is “the world’s most comprehensive  resource of governmental anti-human trafficking efforts  and reflects the U.S. Government’s commitment to global leadership on this key human rights and law enforcement issue. It represents an updated, global look at the nature and scope of trafficking in persons and the broad range of government actions to confront and eliminate it. . . . The U.S. . . . uses the TIP Report to engage foreign governments in dialogues to advance anti-trafficking reforms and to combat trafficking and to target resources on prevention, protection and prosecution programs.”

Secretary of State            John Kerry
Secretary of State John Kerry

On the release of this TIP, Secretary of State John Kerry said, “For years, we have known that this crime affects every country in the world, including ours. We’re not exempt. More than 20 million people, a conservative estimate, are victims of human trafficking. And the [U.S.] is the first to acknowledge that no government anywhere yet is doing enough. We’re trying. Some aren’t trying enough. Others are trying hard. And we all need to try harder and do more.”

Kerry also rejected criticism that the U.S.’ preparing and publishing such a report was an unjustified action. He said, “This is not an act of arrogance. We hold ourselves to the same standard. This is an act of conscience. It is a requirement as a matter of advocacy and as a matter of doing what is right.”

Ambassador Luis CdeBaca
Ambassador              Luis CdeBaca

The last point was echoed by Luis CdeBaca, the U.S. Ambassador-at-Large, State Department’s Office to Monitor and Combat Trafficking in Persons. He said the U.S. itself has been included in this report since 2010 as “a matter of fairness to all of the other countries; if we’re going to hold them to these minimum standards, [then] . . . we needed to hold ourselves to them as well.” He added, “no country is doing a perfect job on the fight against human trafficking, and that includes the [U.S.]. We are all in this together.”

 

Criteria for U.S. Evaluation of Countries’ Trafficking Records

Under its authorizing legislation,[1] the State Department is required to assess the extent to which countries comply with the “minimum standards for the elimination of trafficking” set forth in the legislation. Those standards are the following:

(1)“The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking.”

(2)“For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim of sex trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or which causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault.”

(3)“For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense.”

(4)“The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons.”[2]

The statute also requires the State Department, based upon reliable information, to place countries into the following classes or tiers:

  • “Tier 1. Countries whose governments fully comply with the TVPA’s minimum standards for the elimination of trafficking.”[3]
  • “Tier 2. Countries whose governments do not fully comply with the TVPA’s minimum standards but are making significant efforts to bring themselves into compliance with those standards.”
  • “Tier 2 Watch list. Countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards, and for which: a) the absolute number of victims of severe forms of trafficking is very significant or is significantly increasing; b) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecution, and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials; or c) the determination that a country is making significant efforts to bring itself into compliance with minimum standards was based on commitments by the country to take additional steps over the next year.”
  • “Tier 3. Countries whose governments do not fully comply with the TVPA’s minimum standards and are not making significant efforts to do so.”[4] (Emphases in original.)

The U.S. Assessments of Countries Trafficking Records for 2013

The following table summarizes the number of countries in different areas of the world in the different tiers (Report at 58):

 

Area Tier 1 Tier 2 Tier 2Watch List Tier 3 Special Case Total
Africa 00 26 17 10 01 54
Asia 03 20 09 06 00 38
Europe 21 16 02 00 00 39
Middle East 01 05 04 04 00 14
Pacific 02 03 02 01 00 08
Western Hemisphere 04[Canada, Chili, Nicaragua & U.S.] 19 10 02 [Cuba & Venezuela] 00 35
Total 31 89 44 23 01 188

The Report’s rankings are based upon “information from U.S. embassies, government officials, non-governmental and international organizations, published reports, news articles, academic studies, research trips to every region of the world, and information submitted to [a dedicated Department email address]. . . . The U.S. diplomatic posts and domestic agencies . . . [in turn conduct] thorough research that included meetings with a wide variety of government officials, local and international NGO representatives, officials of international organizations, journalists, academics, and survivors.” (Report at 37.)

Penalties for Tier 3 Countries

Under the authorizing statute, “governments of countries on Tier 3 may be subject to certain restrictions on bilateral assistance, whereby the U.S. government may withhold or withdraw non-humanitarian, non- trade-related foreign assistance. In addition, certain countries on Tier 3 may not receive funding for government employees’ participation in educational and cultural exchange programs . . . . [G]overnments subject to restrictions would also face U.S. opposition to assistance (except for humanitarian, trade-related, and certain development- related assistance) from international financial institutions, such as the International Monetary Fund and the World Bank.”(Report at 44.)

Conclusion

Because of this blogger’s special interest in Cuba, a subsequent post will analyze this Report’s assigning Cuba to Tier 3.

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[1] Since 2000 the U.S. has had a series of federal statutes addressing efforts to combat human trafficking. The first such statute was the Victims of Trafficking and Violence Protection Act of 2000 that required, in part, certain annual reports on trafficking. Subsequent federal statutes were the Trafficking Victims Protection Reauthorization Act of 2003; the Trafficking Victims Protection Reauthorization Act of 2005; the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and the Trafficking Victims Protection Reauthorization Act of 2013 [Title XII of the Violence Against Women Reauthorization Act of 2013]. See 22 U.S.C., ch. 78.

[2] The statute defines “severe forms of trafficking in persons” and “serious and sustained efforts to eliminate severe forms of trafficking in persons.” (Report at 9.)

[3] According to the Report, “While Tier 1 is the highest ranking, it does not mean that a country has no human trafficking problem or that it is doing enough to address the problem. Rather, a Tier 1 ranking indicates that a government has acknowledged the existence of human trafficking, has made efforts to address the problem, and meets the [statute’s] . . . minimum standards. Each year, governments need to demonstrate appreciable progress in combating trafficking to maintain a Tier 1 ranking.” (Report at 40.)

[4] The statute “lists additional factors to determine whether a country should be on Tier 2 (or Tier 2 Watch List) versus Tier 3.” (Report at 43.)

U.S. Stupidity and Cowardice in Continuing to Designate Cuba as a “State Sponsor of Terrorism”

On April 30, 2014, the U.S. Department of State issued its annual report on terrorism in the world: Country Reports on Terrorism 2013. A prior post reviewed the report as a whole.

We now examine this report’s designation of Cuba as a “State Sponsor of Terrorism” [“SST”], i.e., as a country that has “repeatedly provided support for acts of international terrorism.” This post’s analysis is also informed by the U.S.’s similar designations of Cuba in the annual reports on terrorism for 1996 through 2012. Earlier posts analyzed and criticized the reports about Cuba for 2009, 2010, 2011 and 2012.

State Department’s Rationale

The following is the complete asserted justification for the Department’s designation of Cuba for 2013:

  • “Cuba was designated as a State Sponsor of Terrorism in 1982.
  • Cuba has long provided safe haven to members of Basque Fatherland and Liberty (ETA) and the Revolutionary Armed Forces of Colombia (FARC).  Reports continued to indicate that Cuba’s ties to ETA have become more distant, and that about eight of the two dozen ETA members in Cuba were relocated with the cooperation of the Spanish government.  Throughout 2013, the Government of Cuba supported and hosted negotiations between the FARC and the Government of Colombia aimed at brokering a peace agreement between the two.  The Government of Cuba has facilitated the travel of FARC representatives to Cuba to participate in these negotiations, in coordination with representatives of the Governments of Colombia, Venezuela, and Norway, as well as the Red Cross.
  • There was no indication that the Cuban government provided weapons or paramilitary training to terrorist groups.
  •  The Cuban government continued to harbor fugitives wanted in the United States.  The Cuban government also provided support such as housing, food ration books, and medical care for these individuals.”

Rebuttal of State Department’s Rationale

On its face alone, this alleged justification proves the exact opposite: Cuba is not a state sponsor of terrorism. Nevertheless, a detailed rebuttal follows.

U.S. Admissions of the Weakness of Its Designation

First, the report itself admits, “There was no indication that the Cuban government provided weapons or paramilitary training to terrorist groups.” This is consistent with past U.S. admissions that there was no evidence that Cuba had sponsored specific acts of terrorism (1996, 1997) and that there “was no indication that the Cuban government provided weapons or paramilitary training to terrorist groups” (2011, 2012, 2013). Similar admissions were made in the U.S. reports for 2005, 2008, 2009 and 2010.

Second, earlier U.S. reports admitted that “Cuba no longer supports armed struggle in Latin America and other parts of the world” (1996, 1997, 1998, 2008, 2009) and that in 2001(after 9/11) Cuba “signed all 12 UN counterterrorism conventions as well as the Ibero-American declaration on terrorism” (2001, 2002, 2003).

Third, the latest report’s Western Hemisphere Overview says the FARC  “committed the majority of terrorist attacks in the . , . Hemisphere in 2013.” There is no mention of Cuba in this overview. The same was said in the report for 2012.

Fourth, there is no mention of Cuba in the latest report’s “Strategic Assessment” that puts all of its discussion into a worldwide context.

Fifth, the latest report makes no allegations against Cuba regarding money laundering and terrorist financing, which was one of the purported bases for the SST designation for 2012. Thus, the U.S. apparently has recognized the weakness of such charges were evident to all, as discussed in this blogger’s post about the prior report and a related post about Cuba’s adoption of regulations on these financial topics.

All of this rebuttal so far is based only on what the State Department has said about this designation since 1996.

In addition, the Cuban government has taken the following actions that strengthen the rebuttal of the designation and that, to my knowledge, the U.S. has not disputed:

  • Cuba publicly has stated that Its “territory has never been and never will be utilized to harbor terrorists of any origin, nor for the organization, financing or perpetration of acts of terrorism against any country in the world, including the [U.S.]. . . . The Cuban government unequivocally rejects and condemns any act of terrorism, anywhere, under any circumstances and whatever the alleged motivation might be.”
  • In 2002, the government of Cuba proposed to the U.S. adoption of a bilateral agreement to confront terrorism, an offer which it reiterated in 2012, without having received any response from the U.S.
  • Cuban President Raul Castro on July 26, 2012 (the 59th anniversary of the Cuban Revolution) reiterated his country’s willingness to engage in negotiations with the U.S. as equals. He said no topic was off limits, including U.S. concerns about democracy, freedom of the press and human rights in Cuba so as long as the U.S. was prepared to hear Cuba’s own complaints. In response the U.S. repeated its prior position: before there could be meaningful talks, Cuba had to institute democratic reforms, respect human rights and release Alan Gross, an American detained in Cuba.

But let us go further.

Cuba As an Alleged Safe Haven for Terrorists

The only remaining asserted basis for the “SST” designation is Cuba’s alleged providing safe haven to individuals with two U.S.-designated Foreign Terrorist Organizations—ETA (an armed Basque nationalist and separatist group in Spain) and FARC (an armed Colombian rebel group)—and to certain fugitives from U.S. criminal proceedings.

Analysis shows that these charges do not support the SST designation.

            a. ETA

Prior U.S. reports say there were only 20 to 24 ETA members in Cuba, and the latest report says “Cuba’s ties to ETA have become more distant, and . . . about eight of the two dozen ETA members in Cuba were relocated with the cooperation of the Spanish government.” Thus, there are only 12 to 16 ETA members remaining in Cuba, and by now they must be older people who have not participated in any terrorist activities in Spain for many years. They are “side-line sitters.”

Moreover, the 2011 and 2012 U.S. reports state that Cuba is “trying to distance itself” from the ETA members on the island and was not providing certain services to them.

Earlier U.S. reports also reflect the limited nature of the charges regarding ETA. Of the 20 to 24 members previously on the island, the U.S. said, some may be in Cuba in connection with peace negotiations with Spain (2009). In May 2003, the U.s. reported, Cuba publicly asserted that the “presence of ETA members in Cuba arose from a request for assistance by Spain and Panama and that the issue is a bilateral matter between Cuba and Spain” (2003). In March 2010, a U.S. report stated, Cuba had “allowed Spanish Police to travel to Cuba to confirm the presence of suspected ETA members” (2010).

Moreover, in March 2011 the Spanish Ambassador to Cuba told former U.S. President Jimmy Carter that Spain was “not concerned about the presence of members of . . . ETA . . . in Cuba.” Indeed, the Spanish Ambassador maintained that this enhances his country’s ability to deal more effectively with ETA. In fact, the Ambassador added, some ETA members are there at the request of the Spanish government.

At least the last three U.S. reports say that Cuba is providing “safe haven” to the ETA members, but their separate chapters on the legitimate international problem of terrorist safe havens have no mention whatsoever of Cuba.

It also should be noted that there has been some movement towards an understanding to resolve the ETA challenges to the Spanish government. In September 2011 an international verification commission was established to help broker such a resolution, and the next month ETA announced a unilateral cease-fire. More recently, February 2014, that commission announced its corroboration of a partial disablement of ETA weapons. The Spanish government, on the other hand, publicly has refused to negotiate and instead has insisted that ETA admit defeat and surrender unconditionally. In addition, the government still enforces a criminal law against publicly glorifying terrorists or their actions  with April 28th arrests of 21 Spaniards for praising terrorist groups such as ETA and radical Islamists, for encouraging further attacks, and for making fun of victims on social networking sites.

In the meantime, Spain as a member of the European Union is participating in negotiations between the EU and Cuba to establish a Political Dialogue and Cooperation Agreement without any mention of ETA members being on the island. Recently the parties completed the first round of those negotiations with an understanding that the final agreement will have these four components: political dialogue and governance; cooperation and sectoral policies; the economy and trade; and management of the bilateral relationship. The subject of human rights will remain an issue in the chapter on the Political dialogue and governance.

In summary, I submit, any objective analysis shows that Cuba’s limited connection with a small number of ETA members is no legitimate reason for the U.S. SST designation.

            b. FARC

Most of the reasons for the speciousness of the charges regarding ETA also apply to the charges regarding the Colombian group, FARC.

In addition, the 2008 U.S. report said in July of that year “former Cuban President Fidel Castro called on the FARC to release the hostages they were holding without preconditions. He has also condemned the FARC’s mistreatment of captives and of their abduction of civilian politicians who had no role in the armed conflict.”

There is no indication in the State Department’s reports of the number of FARC members allegedly in Cuba, but for 2009 the U.S. reported that some may be on the island in connection with peace negotiations with Colombia (2009 report).

Moreover, in March 2011 the Colombian Ambassador to Cuba told former U.S. President Jimmy Carter that Colombia was “not concerned about the presence of members of FARC . . . in Cuba.” Indeed, the Ambassador maintained that this enhances their ability to deal more effectively with FARC.

Cuba’s limited connections with the FARC resulted in a September 2012 statement by Cuba’s Ministry of Foreign Relations about the then recently-announced peace talks between Colombia’s government and the FARC. It stated that Cuba “has a historical commitment to peace in Colombia and efforts to put an end to [her] . . . political, social and military conflicts.” To that end, the Cuban Government “has made constructive efforts to . . . search for a negotiated solution, always responding to a request from the parties involved and without the slightest influence in their respective positions.” The statement continued. For over a year, at the express request of the Government of Colombia and the FARC, “the Cuban government supported the . . . exploratory talks leading to a peace process,” and as a “guarantor” Cuba participated in these talks. “The Cuban government will continue to . . . [provide its] good offices in favor of this effort, to the extent that the Government of Colombia and the FARC . . . so request.” The Government of Colombia publicly stated its gratitude for Cuban facilitation of such negotiations.

As a result, the last two U.S. reports admit that Cuba has “supported and hosted negotiations between the FARC and the Government of Colombia aimed at brokering a peace agreement between the two sides.” In addition, Colombia’s president has said that support for such negotiations by Cuba and Venezuela has been crucial in helping the two sides to reach agreement on conducting the negotiations.

In May 2013, the two sides announced an agreement to distribute land to small farmers and undertake development projects that would improve rural education and infrastructure that will not take effect until a final peace agreement is reached.

In short, Cuban involvement with some FARC members is not a legitimate basis for the U.S. designation of Cuba as a SST .

            c. U.S. fugitives

There apparently were or are over 70 individuals living in Cuba who are fugitives from criminal charges in U.S. relating to violent acts in the 1970’s purportedly committed to advance political causes, but, as the U.S. has admitted, since at least 2005 Cuba has not admitted any additional U.S. fugitives. In addition, the U.S. also had admitted that in a few instances Cuba has extradited such fugitives to the U.S. (2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009).

One of the U.S. fugitives, William Potts, this year voluntarily returned to the U.S. after serving a 15-year Cuban sentence for the 1984 hijacking of a Piedmont Airlines passenger plane with 56 people aboard in the U.S. and forcing it to go to Cuba. On May 1, 2014, Potts appeared in a U.S. federal court and pled guilty to kidnapping (with a possible life sentence); under a plea agreement, the government dropped an air piracy charge (with a mandatory minimum sentence of 20 years). Potts is asking the court to give him credit for the 15 years he already served in a Cuba prison on the same charge. Sentencing is scheduled for July 11th.

None of the other U.S. fugitives apparently is affiliated with any U.S.-designated terrorist organizations. The issue of whether or not they will be extradited to the U.S. is an appropriate issue for bilateral negotiations between the two countries.

In any event, the presence in Cuba of some fugitives from U.S. criminal charges is not a legitimate basis for the U.S. designating Cuba as a SST.

Conclusion

The U.S. designation of Cuba as a “State Sponsor of Terrorism” is absurd. This conclusion is shared, in less colorful language, at least by the U.S. Central Intelligence Agency, former President Jimmy Carter, the U.S. Council on Foreign Relations, the Center for Democracy in the Americas, the Center for International Policy, the Latin American Working Group, The Atlantic Magazine’s noted national correspondent (Jeffrey Goldberg) and a retired U.S. Army Brigadier General (John Adams).

Not surprisingly the Cuban government comes to the same conclusion. In response to the latest designation, it stated,” Cuba’s Foreign Ministry “energetically rejects the manipulation of a matter as sensitive as international terrorism by turning it into an instrument of policy against Cuba and it demands that our country be definitively excluded from this spurious, unilateral and arbitrary list.” Last year, it said “the only reason Cuba is kept on this list is . . . an attempt to justify the U.S. blockade of our country, as well as the adoption of new measures to limit our financial and commercial transactions, to strangle the Cuban economy and impose a regime which responds to U.S. interests.”

The U.S. itself also has damned the designation by faint praise. In a press briefing about the most recent terrorism report, a journalist pointed out some of the weaknesses of the stated rationale and asked when the U.S. would cancel the designation. The State Department spokesperson refused to speak directly about the purported rationale for the Cuban SST designation. Instead the spokesperson said, “there’s not a routine process by which you re-evaluate the state sponsors. . . . [and the annual terrorism reports just list those on the SST list. It is not]as if every year we look at those and re-evaluate them in some way based on the report.” [1] She added she knew of no plans to remove the SST designation for Cuba.

Whatever legitimate issues are raised by these U.S. reports, I submit, they are appropriate subjects, among many, for the bilateral negotiations that a prior post recommended should occur between the U.S. and Cuba to the end of reconciliation and restoration of normal relations.

In the meantime, this SST designation is ridiculous, absurd, stupid. It can only continue, in this outsider’s opinion, because of the Administration’s political cowardice in facing resistance to an elimination of this designation, especially from influential Cuban-Americans in Congress, especially Democratic Senator Robert Menendez, Chairman of the Senate Foreign Relations Committee,[2] and Republican Rep. Ros-Lehtinen, member of the House Foreign Affairs Committee.[3]

All U.S. citizens should protest this SST designation to President Obama, Secretary of State Kerry, Senator Menendez (and your own Senators), Representative Ros-Lehtinen (and your own Representative).

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[1] The State Department also posted this statement on its website. “While there are no statutory triggers for review of a State Sponsor of Terrorism designation, the State Department can review such designations at its discretion. With respect to criteria for rescission, there are two possible pathways to rescission of a State Sponsor of Terrorism designation, in accordance with the relevant statutory criteria. The first path requires the President to submit a report to Congress, before the proposed rescission would take effect, certifying that: (1) there has been a fundamental change in the leadership and policies of the government of the country concerned; (2) the government is not supporting acts of international terrorism; and (3) the government has provided assurances that it will not support acts of international terrorism in the future.The second path requires the President to submit a report to Congress, at least 45 days before the proposed rescission would take effect, justifying the rescission and certifying that: (1) the government concerned has not provided any support for international terrorism during the preceding six month period, and (2) the government concerned has provided assurances that it will not support acts of international terrorism in the future.

[2] In April 2014, Senator Menendez made a speech on the Senate floor endorsed Cuba’s SST designation while castigating Cuba on all sorts of issues.

[3] Responding to the latest designation, Rep. Ileana Ros-Lehtinen (R., Fla.), said Cuba “continues to pose a national security threat to the United States.” She added that recently “the Castro regime has been responsible for training the ‘colectivos’ in Venezuela that violate human rights and murder innocent civilians and Cuba was caught trying to ship military equipment to North Korea in violation of many United Nations Security Council resolutions [and the] tyranny in Havana is also guilty of harboring terrorists, providing safe haven for American fugitives, and building a sophisticated spy network that seeks to undermine our national security interests at every turn.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

U.S. Report on International Terrorism for 2012

 TerrorismReport_Cover_120_1On May 30, 2013, the U.S. State Department submitted Country Reports on Terrorism 2012 to the U.S. Congress as required by law. [1] This report provides an assessment of trends and events in international terrorism that occurred during 2012. The Department’s Fact Sheet about the report highlighted the following as the most noteworthy developments of the year:

  • Iran’s state sponsorship of terrorism, through its Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF), its Ministry of Intelligence and Security, and Tehran’s ally Hizballah had a marked resurgence.
  • The al-Qa’ida (AQ) core in Pakistan continued to weaken.
  • Tumultuous events in the Middle East and North Africa have complicated the counterterrorism picture.  Leadership losses have driven AQ affiliates to become more independent.
  • AQ affiliates are increasingly setting their own goals and specifying their own targets.
  • There is a more decentralized and geographically dispersed terrorist threat.
  • Although terrorist attacks occurred in 85 different countries in 2012, they were heavily concentrated geographically. As in recent years, over half of all attacks (55%), fatalities (62%), and injuries (65%) occurred in just three countries: Pakistan, Iraq and Afghanistan.

This report was submitted in compliance with 22 U.S.C. § 2656f, which defines “terrorism” for this purpose as ” premeditated, politically motivated violence perpetrated against non-combatant targets by subnational groups or clandestine agents” while the term  “international terrorism” means “terrorism involving citizens or the territory of more than one country.”

The Department is statutorily required to identify countries that have “repeatedly provided support for acts of international terrorism” as “State Sponsors of Terrorism.” This year the following four countries were so designated: Iran, Sudan, Syria and Cuba. A subsequent post will examine this absurd designation of Cuba.

Another chapter of the report concerns “terrorist safe havens,” i.e., “ungoverned, under-governed, or ill-governed physical areas where terrorists are able to organize, plan, raise funds, communicate, recruit, train, transit, and operate in relative security because of inadequate governance capacity, political will, or both.”  The following were identified as such havens: Africa (Somalia, Trans-Sahara and Mali), Southeast Asia (Sulu/Sulawesi Seas Littoral and Southern Philippines), Middle East (Iraq, Lebanon, Libya and Yemen), South Asia (Afghanistan and Pakistan) and Western Hemisphere (Colombia and Venezuela).

The Secretary of State also is required to designate “Foreign Terrorist Organizations,” i.e., foreign organizations that engage in terrorist activity or terrorism or retain the capability and intent to do so and that threaten the security of U.S. nationals or the U.S. national security (national defense, foreign relations, or the economic interests). This year the report designates 51 such organizations.

In 2012, according to the report, a total of 6,771 terrorist attacks occurred worldwide, resulting in more than 11,000 deaths and more than 21,600 injuries. In addition, more than 1,280 people were kidnapped or taken hostage. The 10 countries with the most such attacks were Pakistan, Iraq, Afghanistan, India, Nigeria, Thailand, Yemen, Sudan, Philippines and Syria.

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[1] A prior post reviewed the State Department’s terrorism report for 2011.

Latest U.S. Reports on International Religious Freedom

Annually the U.S. Department of State, pursuant to statutory authorization, releases a report on the status of religious freedom in every country in the world.[1] In addition, the quasi-independent U.S. Commission on International Religious Freedom releases annual reports on the same subject for selected countries.[2]

It should be noted at the outset that these two agencies are not seeking to impose on the rest of the world the U.S. constitutional prohibition of the “establishment of religion” or of “abridging the free exercise [of religion].” [3] Instead the agencies reports rely upon this definition of the freedom in the Universal Declaration of Human Rights: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.” Similar provisions are found in several multilateral human rights treaties.[4]

The post will review the latest State Department report on this subject for all 194 other countries in the world and the Commission’s latest report on 29 countries plus one large region (Western Europe).[5]

Latest State Department Report

USDeptStateseal

After emphasizing the importance of religious freedom, the State Department’s May 20, 2013, report “tells stories of courage and conviction, but also recounts violence, restriction, and abuse. While many nations uphold, respect, and protect religious freedom, regrettably, in many other nations, governments do not protect this basic right; subject members of religious minorities to violence; actively restrict citizens’ religious freedom through oppressive laws and regulations; stand by while members of societal groups attack their fellow citizens out of religious hatred, and fail to hold those responsible for such violence accountable for their actions.”

The report continues.”The immediate challenge is to protect members of religious minorities. The ongoing challenge is to address the root causes that lead to limits on religious freedom. These causes include impunity for violations of religious freedom and an absence of the rule of law, or uneven enforcement of existing laws; introduction of laws restricting religious freedom; societal intolerance, including anti-Semitism and lack of respect for religious diversity; and perceptions that national security and stability are best maintained by placing restrictions on and abusing religious freedom.”

Highlighted for concern by the report were “[l]aws and policies that impede the freedom of individuals to choose a faith, practice a faith, change their religion, tell others about their religious beliefs and practices, or reject religion altogether remain pervasive. Numerous governments imposed such undue and inappropriate restrictions on religious groups and abused their members, in some cases as part of formal government law and practice.” Another concern was the “use of blasphemy and apostasy laws.” They “continued to be a significant problem, as was the continued proliferation of such laws around the world. Such laws often violate freedoms of religion and expression and often are applied in a discriminatory manner.”

The report documented “a continued global increase in anti-Semitism. Holocaust denial and glorification remained troubling themes, and opposition to Israeli policy at times was used to promote or justify blatant anti-Semitism. When political leaders condoned anti-Semitism, it set the tone for its persistence and growth in countries around the world. Of great concern were expressions of anti-Semitism by government officials, by religious leaders, and by the media.”

According to the report, “Governments that repress freedom of religion and freedom of expression typically create a climate of intolerance and impunity that emboldens those who foment hatred and violence within society. Government policy that denies citizens the freedom to discuss, debate, practice, and pass on their faith as they see fit also undercuts society’s ability to counter and combat the biased and warped interpretations of religion that violent extremists propagate. Societal intolerance increased in many regions during 2012.”

Finally the report said, “Governments exacerbated religious tensions within society through discriminatory laws and rhetoric, fomenting violence, fostering a climate of impunity, and failing to ensure the rule of law. In several instances of communal attacks on members of religious minorities and their property, police reportedly arrested the victims of such attacks, and NGOs alleged that there were instances in which police protected the attackers rather than the victims. As a result, government officials were not the only ones to commit abuses with impunity. Impunity for actions committed by individuals and groups within society was often a corollary of government impunity.”

The report also acknowledged the Department’s statutory obligation to designate “Countries of Particular Concern (CPCs), i.e., those countries that are considered to commit “particularly severe violations of religious freedom,” and whose records call for the U.S. government to take certain actions under the terms of the Act. The term ‘‘particularly severe violations of religious freedom’’ means systematic, ongoing, egregious violations of religious freedom, including violations such as: (a) torture or cruel, inhuman, or degrading treatment or punishment; (b) prolonged detention without charges; (c) causing the disappearance of persons by the abduction or clandestine detention of those persons; or (d) other flagrant denial of the right to life, liberty, or the security of persons.”

Accordingly the report re-designated the following eight countries as CPCs: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Uzbekistan.[6]

Latest Commission Report

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Under the authorizing statute, the Commission is required to designate as “countries of particular concern” (CPC) (or “Tier 1 Countries”) those that have engaged in or tolerated “particularly severe” violations of religious freedom.

In its latest report, issued on April 30, 2013, the following 15 countries were so designated: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Ubekistan (all of which had been designated as “Countries of Particular Concern” (CPC) by the State Department the prior year) plus Egypt, Iraq, Nigeria, Pakistan, Tajikistan, Turkmenistan and Vietnam.

The Commission also designates some countries as “Tier 2 Countries,” i.e., countries on the threshold of Tier 1 status, i.e., when their “violations . . . are particularly severe” and when at least one, but not all three, of the criteria for that status (“systematic, ongoing and egregious”) is met.

The latest report designated the following eight countries as Tier 2: Afghanistan, Azerbaijan, Cuba, India, Indonesia, Kazakhstan, Laos and Russia.[7]

The latest report also discussed six other countries (Bahrain, Bangladesh, Belarus, Ethiopia, Turkey and Venezuela and one region (Western Europe) that it monitored during the year. At first glance the monitoring of Western Europe seems anomalous, but here are the topics of concern to the Commission:

  • Restrictions on religious dress (full-face veils) in France and Belgium.
  • Failure in Sweden, Luxembourg, Switzerland, Poland, Norway and Iceland to exempt religious slaughter of animals from laws requiring prior stunning of the animals.
  • Suggestions in Germany and Norway that religious circumcisions of male children were illegal.
  • Restrictions on construction of Islamic minarets in Switzerland, and the lack of an official mosque in Athens, Greece.
  • “Incitement to hatred” and other laws in almost all European states that can be used to restrict expression of religious beliefs.
  • Reluctance in many European states to provide accommodation of religious objections to generally applicable laws.
  • Measures in France, Austria, Belgium and Germany against religious groups perjoratively characterized as “cults” or “sects.”
  • Societal intolerance, discrimination and violence based on religion or belief such as towards Muslim women with full-face veils, Jewish people and Jehovah’s Witnesses.

It should also be noted that the Commission sometimes takes an adversarial position vis-à-vis the U.S. State Department. For example, on April 30, 2013, when the Commission released its latest report, its simultaneous press release recommended that the Department designate as “Countries of Particular Concern” the seven additional countries the Commission had placed in Tier 1 as noted above.

When the Department failed to do so in its May 20th report, the next day the Commission issued a press release criticizing the Department for failure to make additional CPC designations since August 2011 and to do so for the same seven additional countries.

Conclusion

Because of my personal interest in Cuba, including its religious freedom, a subsequent post will compare and contrast the two reports regarding that country.

Such a comparison, in my opinion, will show that the State Department’s reports are more balanced and fair at least with respect to Cuba.


[2]  Id. § § 202, 205. The fascinating structure and composition of the Commission will be the subject of a future post.

[3]  U.S. Const., First Amend.

[5] A prior post examined the prior State Department report.

[6] The State Department report noted that it considers the recommendations of the Commission on CPCs, but that the Secretary of State makes the final decision on that issue. The Department’s report thereby implicitly rejected the Commission’s recommendation for an additional seven countries to be so designated.

[7] Previously the Commission called this group the “Watch List of countries where the serious violations of religious freedom engaged in or tolerated by the governments do not meet the CPC threshold, but require close monitoring.” According to the Commission, the “Watch List provides advance warning of negative trends that could develop into severe violations of religious freedom, thereby providing policymakers with the opportunity to engage early and increasing the likelihood of preventing or diminishing the violations.”

 

Latest U.S. Report on Human Rights Around the World

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On Friday (April 19th), the U.S. Department of State released its latest annual Country Reports on Human Rights Practices.[1]

In his Preface, Secretary of State John F. Kerry said, “It is in our interest to promote the universal rights of all persons. Governments that respect human rights are more peaceful and more prosperous. They are better neighbors, stronger allies, and better economic partners. Governments that enforce safe workplaces, prohibit exploitative child and forced labor, and educate their citizens create a more level playing field and broader customer base for the global marketplace. Conversely, governments that threaten regional and global peace, from Iran to North Korea, are also egregious human rights abusers, with citizens trapped in the grip of domestic repression, economic deprivation, and international isolation.”

Therefore, Kerry continued,” we advocate around the world for governments to adopt policies and practices that respect human rights regardless of ethnicity, religion, gender, race, sexual orientation, or disability; that allow for and honor the results of free and fair elections; that ensure safe and healthy workplaces; and that respect peaceful protests and other forms of dissent.”

In so doing, Kerry acknowledged that “from our own experience [we know] that the work of building a more perfect union – a sustainable and durable democracy – will never be complete.”

The Introduction to the Report highlighted these five developments from 2012.

  1. Shrinking space for civil society activism around the world. Active participation of civil society in determining policies for the society is an important part of human rights. Yet in 2012, many governments “continued to repress or attack the means by which individuals have the ability to come together, air their views, and put forward their own proposals.” Mentioned specifically in this regard were Iran, Venezuela, Russia, Egypt, Bangladesh and China. [2]
  2. The ongoing struggle by people in the Middle East and North Africa for democratic change. Although there were some encouraging changes in this region, there also was “erosion of protections for civil society, sexual violence against women, violence against and increased marginalization of members of religious minorities, and escalating human rights violations.” This was most pronounced in Syria, but significant problems in this regard were seen in Bahrain and Egypt.
  3. Steps toward emerging democracy and a tentative opening for civil society in Burma. In 2012 Burma “continued to take significant steps in a historic transition toward democracy.” These changes are “the result of hard work by the Burmese people and sustained U.S. and international pressure to reform.” This transition, however, is not yet complete. Much work remains to be done.[3]
  4. The game-changing nature of information and communication technologies, in the face of increased suppression of traditional media and freedom of expression.  New technologies have made information more widely available throughout the world. Yet some governments seek to stop the free press. The world-wide number of journalists killed or imprisoned increased. Some governments used counter-terrorism as a “pretext for suppressing freedom of expression.”  Others endeavored to restrict internet freedom. Ecuador was cited as an example of a state where the president publicly criticized specific journalists and encouraged lawsuits to be brought against them, where a ban was instituted on press coverage favoring one candidate, philosophy or political theory and where the government used legal pretexts to harass and close several media outlets.[4]
  5. The continued marginalization of and violence against members of vulnerable groups. Too many governments “continue to persecute, or allow the persecution of, members of religious and ethnic minorities; women; lesbian, gay, bisexual and transgender (LGBT) people; people with disabilities; migrants; and members of other vulnerable populations, including tribal communities.” Anti-Semitism in the Middle East, Europe and Latin America was specifically mentioned as a problem.

These reports have been prepared by the State Department pursuant to a 1961 federal statute. Since then other federal statutes require U.S. foreign and trade policy to take into account countries’ human rights and worker rights performance.

Since 1976 a Coordinator of Human Rights (later upgraded to an Assistant Secretary) in the Department of State has the overall responsibility for preparing these reports based upon information from U.S. embassies and consulates abroad, foreign government officials, nongovernmental and international organizations, published reports, foreign government officials, jurists, the armed forces, journalists, human rights monitors, academics, and labor activists.


[1]  News of the Report in the U.S. media has been virtually nonexistent. Here is the New York Times article on the Report.

[2] On April 21st China responded to the U.S. criticism with “The Human Rights Record of the United States in 2012.” This year, the Chinese report focused on U.S. gun crime, citing “astonishing casualties”; growing poverty in the U.S. and a wide wealth gap; and America’s overseas wars. It also singled out what it said was low voter participation in U.S. elections and the detention of terrorism suspects in Guantánamo.

[3] Similar recent reports about Burma come from Human Rights Watch, Former South African Archbishop Desmond Tutu and a Burmese Buddhist. On the other hand, the government continues to declare amnesties and release political prisoners, and we continue to be inspired by Aung San Suu Kyi’s, whose  acceptance in 2012 of her Nobel Peace Prize of 1991 was the subject of an earlier post.

[4] Ecuador’s wide-ranging measures to squelch hostile journalism have been the subject of persistent and detailed criticism by the Inter-American Commission on Human Rights, and as discussed in a prior post Ecuador in retaliation has mounted, and continues to mount, a campaign to try to weaken the Commission and thereby its criticism of Ecuador.

Failed Efforts To Weaken the Inter-American Human Rights System Under the Guise of Reform

A prior post discussed the March 22, 2013, resolution by the General Assembly of the Organization of American States (OAS) that strengthened the Inter-American Human Rights System, especially the Inter-American Commission on Human Rights (“Commission”).

In so doing, the OAS rejected efforts to weaken the Commission under the guise of reform proposals that had been offered by Ecuador and other states that the Commission has criticized (Venezuela, Bolivia and Nicaragua).

We now examine the background to that surreptitious effort to weaken that System and the debate at the March 22nd General Assembly meeting

Background

1. Multilateral Treaties and Other Instruments Regarding the Right of Free Expression.

The right of free expression by the media and others is well established in international law.

The United Nation’s General Assembly’s Universal Declaration of Human Rights of 1948 in Article 19 states, “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.” In 1966 this was put into legally enforceable form in Article 19 of the International Covenant on Civil and Political Rights, which entered into force in 1976.

To like effect is the American Convention on Human Rights, which was adopted by the OAS in 1969 and which entered into force in 1978. Its Article 13(1) says, “Everyone has  the right to freedom of thought and expression . . . [including the] freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one’s choice.” Article 13(3) goes on to say, “The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions.”

Elaborating on this right is the Inter-American Declaration of Principles of Freedom of Expression of 2000.

2. Ecuador’s Hostility to Freedom of Expression.

Ecuadorian President Rafael Correa
Ecuadorian President Rafael Correa

Ecuador under the presidency of Rafael Correa since January 2007 has through policies and actions retaliated against journalists and media that have criticized him and his government. Correa has insulted and filed lawsuits against reporters and news outlets and promoted a series of legal measures to roll back press freedoms. His government has expropriated television channels, radio stations, newspapers and magazines.

Journalists in the country also have been subjected to physical threats and assaults with lackluster efforts by the government to investigate and prosecute those responsible.

3. The Commission and Civil Society’s Criticism of Ecuador’s Hostility to Freedom of Expression.

The Commission in 1997 created the Special Rapporteur for Freedom of Expression “to encourage the defense of the right to freedom of thought and expression in the hemisphere, given the fundamental role this right plays in consolidating and developing the democratic system and in protecting, guaranteeing, and promoting other human rights.”

This Rapporteur has been in the forefront of criticizing Ecuador for these actions against journalists and the media. Since January 1, 2009 it has issued nine press releases expressing its concern over specific criminal prosecutions and imprisonments of journalists for libel for publication of articles about corruption of public officials and for specific physical threats and assaults on journalists.

In addition, since 2006 the annual reports of the Rapporteur have had sections specifically addressing Ecuador’s conduct in this area.

For example, the latest such report (for 2011) devotes 31 pages (78-108) for a detailed, footnoted review of Ecuador’s assaults and attacks on media and journalists; legal proceedings and arrests (the “Rapporteur is concerned about the consistent tendency of high-ranking public officials to rebuke, arrest, and prosecute citizens who criticize them at public events”); presidential broadcasts and government interruptions of news programs; disparaging statements by senior state authorities against media outlets and reporters critical of the government; constitutional amendment and legislative proposals to regulate the content of all media, establish the grounds for liability and the applicable sanctions and serve as an authority on enforcement; and cloture and regulation of communications media.

Such actions also have subjected the country to similar criticism by the U.N. Human Rights Council in its Universal Periodic Review of Ecuador in the summer of 2012. One of the Council’s closing recommendations in that Review was for Ecuador to reform its legislation regarding freedom of expression with a view to bringing it in conformity with international standards and those of the Inter-American Commission on Human Rights. In response Ecuador said that it could not agree to reform its legal framework in accordance with standards from the Commission, when it is the Inter-American Court of Human Rights, not the Commission, which has judicial competency over this matter. Nor could Ecuador, it said, eliminate laws that criminalize opinion since it had no such laws.

In addition, Ecuador has been severely chastised by the Committee to Protect Journalists, which put the country on its Risk List of the 10 countries in the world where press freedom suffered the most in 2012. Similar rebukes have come from Human Rights Watch, Freedom House and the Washington Post Editorial Board.

4. Ecuador’s Campaign for Its Proposed “Reforms” of the Commission.

In response to the Special Rapporteur’s persistent and documented criticism of Ecuador, the country developed a set of proposals to “reform” the Commission. Prominent in this package were reduction in funding (and hence the work) of the Special Rapporteur and elimination of his separate annual report.

Ricardo Patino
Ricardo Patino

In early 2013 Ecuador conducted a lobbying campaign in support of these proposals. Its Foreign Minister, Ricardo Patino, went on a tour of Mexico, Chile, Argentina, Brazil, Colombia, Dominican Republic, Haiti and Venezuela to promote them.  He also advocated them at a meeting of the Political Council of the Bolivarian Alliance for the Peoples of Our Americas (ALBA) [1] and at a March 11th meeting in Guayaquil, Ecuador of the 24 states that were parties to the American Convention on Human Rights.[2]

The latter event was opened by a long speech by Ecuadorian President Correa, who emphasized that the Commission should have its headquarters in a state that has ratified said Convention (not Washington, D.C.); that the Commission should have its own budget provided only by state parties to the Convention (without voluntary contributions by outsiders like the U.S., Canadian and European governments and NGO’s);  that the Commission should not be “autonomous” and instead be controlled by said states parties; the abolition of the Commission’s rules authorizing its issuance of precautionary measures; having the Commission focus on general promotion of human rights, not investigating and deciding on alleged violations of human rights; and elimination of the separate annual report of the Special Rapporteur for Free Expression and instead including such a report in a comprehensive report for all of the rapporteurships.

The Ecuador meeting resulted in the Declaration of Guayaquil whereby the 24 states parties agreed that at the March 22nd meeting of the OAS General Assembly they would support the following: a group of their foreign ministers would press the U.S., Canada and other non-parties to the Convention to ratify or accede to same; the Commission would be refocused on promotion of human rights through national systems; financing of the Commission would be increased by states parties and by “neutral” others; all rapporteurships would be treated equally; an analysis of the costs of the OAS Human Rights System would be obtained; the Commission’s headquarters would be moved to a state party; and annual conferences about reforming the System would be held.

Opposition to such proposals came forward from the U.N. High Commissioner for Human Rights, Navi Pillay, who urged the OAS members “to strengthen its exemplary human rights system, by promoting universal access for citizens . . ., respecting the Commission’s autonomy to progressively improve its policy and practices in response to the needs of victims and concerns of member states, and providing the necessary resources [to the System].” Similar concerns were voiced by Amnesty International, Human Rights Watch, the Committee to Protect Journalists, Freedom House, a group of 98 prominent Latin Americans and a coalition of 700 hemispheric human rights organizations.

Another opponent of Ecuador’s campaign was Cesar Gaviria Trujillo, a former president of Colombia and past secretary general of the OAS. He said that the so called “reforms” of the Commission put forward by Ecuador would “severely weaken the [C]omission and make it easier for governments to ignore basic rights and limit free speech.” They would “drastically curtail [the Commission’s] autonomy” and put a “financial stranglehold” on its operations, including a “devastating impact” on the Special Rapporteur for Freedom of Expression. [3]

The March 22nd OAS General Assembly Meeting

Jose Miguel Insulza, OAS Secretary General
Jose Miguel Insulza, OAS Secretary General

In opening remarks that day, the OAS Secretary General, Jose Miguel Insulza from Chile, stressed that the autonomy of the System needed to be maintained. He also said that strengthening some of the Commission’s rapporteurships “cannot mean that others are weakened” and that the Special Rapporteurship on Freedom of Expression should be strengthened “with a program of ample defense of [such] freedom . . . . ” This would include “issues relating to the curtailment of that freedom by public authorities . . .  as well as the threats and crimes to which journalists and the social media are increasingly subjected in our region and the obligation of states to protect them.”

William J. Burns, U.S. Deputy Secretary of State
William J. Burns, U.S. Deputy Secretary of State

Similar remarks were made by U.S. Deputy Secretary of State, William J. Burns. He noted that even though the U.S. was not a party to the American Convention on Human Rights, the U.S. still collaborates with the Commission when it challenges the U.S. on such issues as the death penalty, the human rights of migrants and children and the status of detainees at Guantanamo Bay, Cuba. He added, “We must be vigilant against efforts to weaken the Commission under the guise of reform. [Such efforts] . . . seek to undermine the Commission’s ability to hold governments accountable when they erode democratic checks and balances and concentrate power through illiberal manipulation of democratic processes.”

Ecuadorian Foreign Minister Patino in his remarks accused the opposition and the media of distorting his government’s proposals. He also accused the Commission of improperly assuming the power to issue precautionary measures. Its decisions were independent, he said, but the Commission was not autonomous. He rhetorically asked, the Commission is autonomous and independent of whom? Sotto voce, a Spanish journalist answered, “You,” causing laughter by those around the journalist.

The resolution adopted by acclamation at the midnight conclusion of the March 22nd meeting already has been discussed. It clearly did not adopt all of the items in Ecuador’s package.

This resolution emerged after a long day in which the U.S., Canada, Mexico, Colombia, Costa Rica, Panama and Chile lead the opposition to the proposals from Ecuador, Bolivia, Venezuela and Nicaragua. A Human Rights Watch observer said, “It was a resounding victory for the Commission, and a major defeat for the Venezuela-Ecuador bloc. It became evident that [the latter] . . . were totally isolated, without the support they were expecting from other countries.”

Towards the end of the meeting Ecuador and Bolivia threatened to withdraw from the Commission and leave the meeting. To avoid such a rupture, Argentina offered a face-saving amendment to the resolution about the OAS’ Permanent Council continuing the dialogue on the “core aspects for strengthening” the System, which Ecuador and the other ALBA countries ultimately accepted.

Conclusion

Afterwards Ecuador’s Foreign Minister tried to whitewash his country’s defeat by saying that the resolution accepted its proposal to continue the debate in the future. Before the next meeting of the OAS General Assembly in June 2014, the Foreign Minister said that there would be another meeting of the states parties to the American Convention like the one on March 11th in Guayaquil to discuss these issues. He also hinted at Ecuador’s possible withdrawal from the OAS Commission by saying there was an agreement being negotiated to create a Human Rights Commission of the Union of South American Nations (UNASUR).

Unless there are unexpected changes in regimes or policies in this Hemisphere over the next 14 months, I do not expect Ecuador and its allies will be successful at the June 2014 OAS meeting in gaining acceptance of its proposals to weaken the Inter-American Commission.[4] We will then see if this small group will leave that Commission and form its own, more limited, human rights system.


[1] ALBA is an alternative to the U.S.-sponsored Free Trade Area of the Americas. differing from the latter in that it advocates a socially-oriented trade block rather than one strictly based on the logic of deregulated profit maximization. The only members of ALBA are Ecuador, Bolivia, Venezuela, Nicaragua and three small Caribbean states (Antigua and Barbuda, Dominica and Saint Vincent and the Grenadines.

[2]  This campaign is discussed in press releases from Ecuador’s Foreign Minister.

[3] Such a limitation on financing undoubtedly would result in a reduction of such funding and thus on the work of the Commission.

[4]  I assume that Ecuador has another burden to overcome in attempting to win support for its “reform” proposals. Its credibility within the OAS, I suspect, has been adversely affected by its recent exaggerated, alarmist call for an OAS Consultative Meeting of Foreign Ministers over the alleged United Kingdom threat to invade Ecuador’s London Embassy because of its providing diplomatic asylum in that Embassy to Julian Assange.