Washington Post Opposes U.S. Withdrawal from U.N. Human Rights Council 

An editorial in the Washington Post says “the United States’ decision to withdraw from the [Human Rights Council] . . . is a counterproductive step and another sign of President Trump’s retreat from global leadership. The administration is picking up its marbles and leaving rather than staying to fight for human dignity.”[1]

Yes, as Ambassador Haley mentioned, the Council is not perfect. “But these deficiencies must also be considered against the vital need for a credible U.N. body on human rights with U.S. participation.”

“However flawed the council’s work has been, walking away rewards all the oppressors, who undoubtedly will be thrilled that they no longer face lectures from the United States. What good will come from pulling out? Will it change the behavior of the regimes for the better? Will it make the council more effective? We don’t think so. The decision to walk away is in keeping with Mr. Trump’s lack of interest in human rights elsewhere, glad-handing autocrats and dictators with nary a word about their bone-crushing repressions. A real commitment to human rights would be to stay in the council and use the bully pulpit to confront the bullies.”

This editorial supports the opinion expressed in yesterday’s post to this blog.

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[1] Editorial, Trump walks away from the U.N. Human Rights council—and rewards the oppressors, Wash. Post (June 20, 2018).

 

 

European Union To Fund 40 Million Euro Projects in Cuba

On May 15, the first  First Joint European Union (EU)-Cuba Council meeting  will take place in Brussels, Belgium to start the process for the EU providing 40 million Euros for projects in Cuba.[1]

The parties will sign their first Financial Agreement to establish the framework for the implementation of a bilateral program in the area of renewable energies for which the EU will contribute up to €18 million (U.S. $ 21.5 million). This will pave the way for a second Financial Agreement later in the year for a program in support of renewable energy and sustainable food security in Cuba, with an EU contribution of €19.65 million (U.S.$ 23.5 million).

These financial accords are the result of the  two parties’ Political Dialogue and Cooperation Agreement (PDCA), most parts of which have been provisionally applied since last November 1. The PDCA defines general principles and objectives for the relationship between the EU and Cuba and provides the following framework for accompanying the reform process in Cuba:

  • “Political dialogue: addressing issues, such as human rights, small arms and disarmament, non-proliferation of weapons of mass destruction, migration, drugs, fight against terrorism, sustainable development, etc.;
  • Cooperation and sector policy dialogue: including areas, such as governance, civil society, human rights, social and economic development, environment as well as regional cooperation;
  • Trade and trade cooperation: dealing with principles of international trade and covering cooperation on customs, trade facilitation, technical norms and standards, sustainable trade and investment.”

According to the EU, three high-level dialogues already have been held to exchange views on basic principles of human rights, to identify areas to cooperate or share best practices. The two parties also will launch dialogues focused on sustainable development, non-proliferation, arms control, and unilateral measures. The last will include the U.S. embargo on the Island.

The PDCA also  provides for the possibility of suspension in the event of a serious violation of human rights commitments.

Ramón Jáuregui, president of the Euro-Latin American Assembly (a transnational non-governmental body of 150 legislators from Europe and Latin America to improve their governments’ relations), said, “Cuba needs an economic opening, it needs cooperation, it needs energy, it needs investments, it needs to improve its GDP to improve the quality of life of Cubans. [The EU] “can be a loyal partner” of Havana with the agreement and “through this opening and this collaboration, [Cuba] will have no choice but to take successive democratic steps.”

Last month Sweden’s Minister of International Cooperation Isabella Lövin, told her Parliament that Cuba’s civil society and democratic movement have a legitimate role in the discussions on the implementation of the Association Agreement and Political Dialogue. [2]

The 28 EU countries are the main foreign investor in Cuba (mainly in the sectors of tourism or construction), according to the European Commission, which in 2017 had 471 million euros of imports of Cuban goods in 2017 (mostly agricultural products, beverages, tobacco and mineral fuels) 2,094 million euros of EU exports to the island.

Conclusion

The previously mentioned EU-Cuba conference in Belgium will take place the day before Cuba’s Universal Periodic Review in Geneva, Switzerland, and at the latter session Cuba undoubtedly will raise its agreement with the EU for dialogues about human rights.

This EU-Cuba agreement on dialogue about human rights is similar to the human rights dialogues that were conducted by Cuba and the U.S. during the Obama Administration and that apparently are now suspended in the Trump Administration.[3]

It also is interesting that no report about the conference in Belgium was found in the major U.S. newspapers that cover foreign affairs (New York Times, Washington Post and the Wall Street Journal) or in the major news organizations (Reuters and the Associated Press) for U.S. news organizations.

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[1]  EU External Action,  EU-Cuba relations, factsheet (May 7, 2018); Nearly 40 million euros for Havana, the first realization of the agreement with the European Union, Diario de Cuba (May 14, 2018); European Union declares to be ready for the First Joint European Union Council-Cuba, Granma (May 13, 2018); Cuban Foreign Minister will begin this Monday tour of Europe, Cubadebate (May 13, 2018). This blog has published posts about Eu-Cuba relations and agreements that are found in the “Cuba and Other Countries” section of List of Posts to dwkcommentaties–Topical: CUBA.

[2] Sweden admits that the implementation of the EU-Havana agreement must include the Cuban democratic movement, Diario de Cuba (April 27, 2018).

[3] The contrasting U.S. approaches to Cuba on human rights are covered in many posts in the following sections of List of Posts to dwkcommentaries–Topical: CUBA: “U.S. (Obama) & Cuba (Normalization)– 2014 and 2015 and 2016 and 2017” and “U.S. (Trump) & Cuba, 2016-2017 and 2018.”

Press Freedom Problems in Cuba and the United States    

On April 25 Reporters Without Borders (RSF) released its annual report with its rankings of press freedom in 180 countries of the world. Overall it said there was “growing animosity towards journalists. Hostility towards the media, openly encouraged by political leaders, and the efforts of authoritarian regimes to export their vision of journalism pose a threat to democracies.”[1]

Based in Paris, RSF “is an independent NGO with consultative status with the United Nations, UNESCO, the Council of Europe and the International Organization of the Francophonie (OIF). Its foreign sections along with its bureaux in ten cities (including Brussels, Washington, Berlin, Tunis, Rio de Janeiro, and Stockholm) and its network of correspondents in 130 countries give RSF the ability to mobilize support, challenge governments and wield influence both on the ground and in the ministries and precincts where media and Internet standards and legislation are drafted.”

Here are the new report’s sections on Cuba and the United States.

Cuban Press Freedom

Cuba has a ranking of 172 up one from its ranking last year. The headline for the RSF report was “Continuing ordeal for independent media.”

“A self-styled socialist republic with a single party, Cuba continues to be Latin America’s worst media freedom violator year after year. Fidel Castro’s death in 2016 has changed nothing. The Castro family, which has ruled since 1959, maintains an almost total media monopoly and the constitution prohibits privately-owned media. Arbitrary arrest and imprisonment, threats, smear campaigns, confiscation of equipment and closure of websites are the most common forms of harassment, which is constant and is buttressed by an arsenal of restrictive laws. A gradual improvement in Internet access has made it possible for independent bloggers and journalists to get their voices heard, but many are still forced to leave the island.”

The report also contains links to separate reports on Cuba by RSF during the year.

U.S. Press Freedom

Under the headline, “Trump exacerbates press freedom’s steady decline,” the report drops the U.S. from No. 43 to No. 45 because “US press freedom, enshrined in the First Amendment to the 1787 constitution, has been under increasing attack over the past few years, and the first year of President Donald J. Trump’s presidency has fostered further decline in journalists’ right to report. He has declared the press an ‘enemy of the American people’ in a series of verbal attacks toward journalists, attempted to block White House access to multiple media outlets, and routinely uses the term “’ake news’ in retaliation for critical reporting. He has even called for revoking certain media outlets’ broadcasting licenses.”

In addition, the report says the “violent anti-press rhetoric from the highest level of the US government has been coupled with an increase in the number of press freedom violations at the local level as journalists run the risk of arrest for covering protests or simply attempting to ask public officials questions. Reporters have even been subject to physical assault while on the job.”

“ It appears the Trump effect has only amplified the disappointing press freedom climate that predated his presidency. Whistleblowers face prosecution under the Espionage Act if they leak information of public interest to the press, while there is still no federal ‘shield law’ guaranteeing reporters’ right to protect their sources. Journalists and their devices continue to be searched at the US border, while some foreign journalists are still denied entry into the US after covering sensitive topics like Colombia’s FARC or Kurdistan.”

The report also contains links to separate reports on U.S. press freedom during the year.

White House Response

The White House Press Secretary, Sarah Huckabee Sanders, on April 25 rejected this assessment by saying, ““I certainly would reject the idea that the president or this administration has halted freedom of the press. I think we’re one of the most accessible administrations that we’ve seen in decades. I think by my mere presence of standing up here and taking your questions, unvetted, is a pretty good example of freedom of the press and I think it’s ridiculous to suggest otherwise.”[2]

When then asked if she was claiming the White House was a champion of press freedoms, she responded as follows:

  • “We support a free press, but we also support a fair press, and I think that those things should go hand in hand. And there’s a certain responsibility by the press to report accurate information. I think a number of people in this room do that every single day, they do their very best to provide fair and accurate information. Certainly support that and that’s one of the reason I’m standing here taking your questions. And a lot of times taking your questions in a tone that’s completely unnecessary, unneeded and frankly doesn’t help further the conversation or help the American people get any more information in a better way, which is your job and my job, and that’s what I’m trying to do.” (Emphasis to the conjunction “but” added by Washington Post journalist on the ground that it has no place in an affirmation of free press.)

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[1] Reporters Without Borders, RSF Index 2018: Hatred of journalism threatens democracies (April 25, 2018); Assoc. Press, Hostility Toward Journalists Rising Worldwide, Watchdog Says, N.Y. Times (April 25, 2018); Reporters Without Borders keeps Cuba in the worst Latin American position in terms of press freedom, Diario de Cuba (April 25, 2018).

[2] Wemple, Sarah Huckabee Sanders: ‘We support a free press, but …,” Wash. Post (April 25, 2018).

 

 

U.S. Needs More Immigrants

With longer life expectancy, increasing numbers of baby-boomer retirements from the active labor force and  a low birth rate that now is lower than the death rate, the U.S. increasingly faces the need to find more workers. The source is obvious: more immigrants.[1]

Barron’s Article[2]

A noted business publication, Barron’s, put it this way, “Across the nation, in industries as varied as trucking, construction, retailing, fast food, oil drilling, technology, and manufacturing, it’s becoming increasingly difficult to find good help. And with the economy in its ninth year of growth and another baby boomer retiring every nine seconds, the labor crunch is about to get much worse.”

“Census Bureau projections show the overall U.S. population, a rough proxy for the country’s demand for goods and services, growing faster than the workforce— which supplies those goods and services— through 2030 and probably beyond. From 2017 to 2027, the nation faces a shortage of 8.2 million workers, according to Thomas Lee, head of research at Fundstrat Global Advisors.”

Another restriction on labor supply is the “people [who] have dropped out of the workforce, owing to factors such as disability, opioid addiction, and prison records that make it hard to snare jobs. The labor force participation rate, which measures the percentage of the adult population that’s working or actively seeking employment, has dropped to 63% from 67% in 2000.”

Washington Post Editorial[3]

A Washington Post editorial opens with this statement: “American employers in an array of industries — manufacturing, agriculture, trucking, home building, energy, food service, retail and others — are warning that a long-brewing labor shortage is reaching crisis proportions.”

While the U.S. needs more skilled and English language-proficient immigrants, the editorial continues, “employers in food processing, retail, landscaping and other industries that rely on low-skilled labor are already desperate for workers.”

“By driving away legal and illegal immigrants even as unemployment flatlines and baby boomers retire, [President Trump] deprives businesses of oxygen in the form of labor. That’s not a recipe for making America great.”

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[1]  The above demographic challenges are not just U.S. problems. See World Faces Demographic Challenges, dwkcommentaries.com (April 3, 2018).

[2] The Great Labor Crunch, Barron’s (Mar. 10, 2018).

[3] Editorial, America needs more workers. Trump’s war on immigration won’t help, Wash. Post (April 8, 2018).

Edward B. Burling, The  Prominent Washington, D.C. Attorney, 1919-1966

This series about the life of Edward B. (“Ned”) Burling commenced with a post about his connections with Katherine Graham, the owner and publisher of the Washington Post, and then retreated in time to a post about his birth and early years in Iowa, 1870-1890, followed by a post about his four years at Harvard University in Cambridge, Massachusetts, 1890-1894, another post about his 22 years as a Chicago attorney, 1895-1917, and a post about his two years as a federal government attorney in Washington, D.C., 1917-1918.[1]

Burling’s Private Legal Career in Washington, D.C.

In 1919, Burling co-founded the Covington & Burling law firm (C&B and n/k/a Covington) and thereafter served as its de facto managing partner. In the words of his partner and former U.S. Secretary of State, Dean Acheson, Ned helped to create “a practical organization, engaged in achieving practical ends, for real people, who were in real trouble.” To that end, Burling hired talented recent law school graduates, gave them responsibility as soon as possible and compensated them on the basis of merit, rather than seniority.” Burling also developed a personal practice focusing on corporate transactions and federal taxation.

C&B’s first big case shortly after its founding was a contingent fee case for the Kingdom of Norway against the United States for $16 million arising out of the U.S. taking of contracts for ship construction during World War I. For assistance, Burling hired his old law school friend, George Rublee, and the 28-year old Acheson, who had just finished a clerkship with U.S. Supreme Court Justice Louis Brandeis. Recognizing Acheson’s talents, Ned asked him to argue an important and difficult issue in the six-week hearing before the arbitral panel at the Peace Palace at The Hague. During the young Acheson’s argument, Burling slipped him a terse note: “Shut up.” Acheson, however, ignored this order and continued the argument, which lead to an important concession by the other side (the U.S.). The result was a 1922 award of nearly $US 12 million to Norway and a subsequent Norwegian knighthood for Burling.

Later Burling ironically pointed out that after Acheson made his very first court argument at the Peace Palace, the rest of his legal career would all be downhill. Fortunately for the law firm and the U.S. that was not true. Whenever Acheson was not holding high positions in the U.S. Government, he was practicing law at C&B. Through it all, Acheson and Ned had a strong friendship. Shortly after Acheson became Secretary of State in 1949, Burling wrote to him,

  • “I have been impressed by the growing kindness and consideration for others that you have shown. The absence of any feeling of importance is rare in one who has attained the high office that is yours. And at the same time a growing strength is apparent. Your head has always been better than other heads but once you were inclined to defer to more assertiveness. You show less of that trait. And you have no reason to yield your opinion when you have come to a considered conclusion. You have a right to believe that your conclusion is probably better than what will be offered by anyone else. So trust in yourself and go ahead and do a swell job for the world.”

A year later, Burling observed that Acheson was “one of our great men. Great, I mean, looking at the entire history of our country. I am greatly impressed by the way he has grown. He is a powerful figure.”

As noted in previous post about Burling and Katherine Graham, on October 3, 1996, Edward B. Burling died at age 96 in Washington Hospital Center. According to an editorial in his honor in the Post that Graham may have helped write,  Burling was the city’s “grand old man of the law [who from] the days when he was graduated from Harvard Law School in 1894, with one of the best records ever made there, he had been an outstanding legal scholar. And with the law as the base of his operations, he also  exerted a substantial influence in the fields of business, government and community relations.”

The editorial also stated that at the C&B law firm the “scholarly and retiring Mr. Burling, who made a specialty of cultivating and training brilliant young lawyers, was chiefly responsible  for keeping the firm’s performance  at a high level of professional excellence.”

Covington is still one of the world’s preeminent law firms with over 1,000 lawyers in 12 offices in the U.S. and around the world, and it remains dedicated to the founders’ values of excellence, tolerance, integrity and commitment to public service and professionalism [1]

Conclusion

We next will look at some of the highlights of Burling’s life-long friendship with Learned Hand.

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[1] Citations to the sources for this post are found in this blogger’s Edward Burnham Burling, The College’s Quiet Benefactor (April 2008)(18-page essay and bibliography; on file in Grinnell College’s Special Collections and Archives).

 

 

 

Edward B. Burling: The Chicago Attorney, 1895-1917

This series about the life of Edward B. (“Ned”) Burling commenced with a post about his connections with Katherine Graham, the owner and publisher of the Washington Post, and then retreated in time to a post about his birth and early years in Iowa, 1870-1890, followed by a post about his four years at Harvard University in Cambridge, Massachusetts, 1890-1894.[1]

The Chicago Attorney

After finishing Harvard Law School with such a distinguished record, Ned had high hopes of obtaining a job as a young lawyer and earning good money. But that did not happen, given the law firm practices of the day.

Instead in 1895 he started with a Chicago firm at barely more money than he had made in 1887 at the Eldora grocery store. He continued to engage in the private practice of law in Chicago plus serving as Assistant Corporation Counsel for the City of Chicago through 1917, eventually making more money doing the typical work of most lawyers of the time and engaging in profitable real estate development in the Winnetka area on the North Shore.

He got married in 1902 to Louisa Green Peasley, the daughter of a wealthy and well connected Chicago businessman, and they had two sons, Edward Burling Jr. (1908) and John L. Burling (1912). But Ned was bored with his Chicago life.

In his efforts to leave Chicago, Burling in 1915 sought the Washington, D.C. position of General Counsel of the then new Federal Trade Commission with the support of Louis D. Brandeis, then a practicing Boston attorney, and Cyrus McCormick, the son of the inventor of the grain reaper and the owner of the International Harvester Company. But Ned did not receive the appointment and thus remained in Chicago for the next two  years.

During his Chicago years, however, Burling got a taste of politics. In 1896 he was a spectator at the Democratic National Convention in Chicago to hear William Jennings Bryan’s “Cross of Gold” speech, and in 1912 Burling was active in the Bull Moose Party that nominated Theodore Roosevelt for President. His allegiance to “the Rough Rider” persisted. In 1921, he told Learned Hand that Ned agreed “with everything that T.R. ever said” on political subjects, and throughout his life Ned often joked that he was  that Party’s sole survivor.

In the summer of 1911 Burling and his family spent the summer at the Cornish Colony in Cornish/Plainfield, New Hampshire and later bought a summer home in the Colony where they went every summer. It was a gathering place for artists, musicians, writers, journalists, lawyers and businessmen, including Judge Learned Hand (Ned’s great friend), Ethel Barrymore and President Woodrow Wilson.

Shortly before Burling left Chicago in 1917, he made an investment that proved to be one of the most important events in his life. He started a small surplus trading company that eventually became one of the largest metal-cutting tool manufacturers in the U.S.[1]

Conclusion

The next chapter of this recounting of the life of Burling will cover his two years as a federal government attorney in Washington, D.C.

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[1] Citations to the sources for this post are found in this blogger’s Edward Burnham Burling, The College’s Quiet Benefactor (April 2008)(18-page essay and bibliography; on file in Grinnell College’s Special Collections and Archives).

 

 

Edward B. Burling’s Years at Harvard University, 1890-1894

This series about the life of Edward B. Burling commenced with a post about his connections with Katherine Graham, the owner and publisher of the Washington Post, and then retreated in time to a post about his birth and early years in Iowa, 1870-1890. Now we look at his four years at Harvard University in Cambridge, Massachusetts.[1]

 Harvard College, 1890-91

For the  academic year, 1890-91, a wealthy relative (Perkins Bass) paid for Ned (and his brother James) to attend Harvard College, where they each earned another B.A. degree in 1891. Again Ned worked hard at his courses, earned good marks and made no friends.

Harvard Law School, 1891-94

In the Fall of 1891, at the suggestion, and again with the financial assistance, of Perkins Bass, Ned started at the Harvard Law School. The three years there, in contrast to his other years of higher education, were “very happy, satisfactory.” He did very well in his classes and was a member of the Harvard Law Review, finishing with “highest honors” and a LL. B. degree in 1894. Moreover, Ned became good friends with classmates, especially with Learned and Augustus Hand, both of whom became noted federal judges, and with George Rublee, who became a public-spirited U.S. lawyer who involved himself with state and national political reform during the Progressive Era (1910-1918) and with international affairs from 1917 to 1945.

Immediately after law school, Perkins Bass financed a nine-month tour of Europe for Ned to accompany one of the Bass sons. Later Ned commented that the trip turned out to be a handicap or burden, rather than a blessing, because it exposed him to the glamorous life of the wealthy and “diverted my attention from my main undertaking, which was to earn a living.”  As that old song goes, “How are you going to keep them down on the farm, after they’ve seen Paree [Paris]?”

Conclusion

The next installment of the Burling saga will discuss his years as a Chicago attorney, 1895-1917.

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[1] Citations to the sources for this post are found in this blogger’s Edward Burnham Burling, The College’s Quiet Benefactor (April 2008)(18-page essay and bibliography; on file in Grinnell College’s Special Collections and Archives). A subsequent post will discuss Burling’s life-long friendship with Learned Hand.