Tag: Yemen

Washington Post Calls for Closing  Guantanamo Bay Prison 

In the following  January 15 Editorial, the Washington Post called flor closing the U. S. prison in Guantanamo Bay, Cuba.[1]

“President Joe Biden is set to leave office Monday as the third president to try — and fail — to close the U.S. military prison at Guantánamo Bay, Cuba. This ugly symbol of one of the most regrettable policies in recent American history will persist into another administration, and very likely beyond.”

“President George W. Bush opened Guantánamo at the height of the “war on terror” and quickly filled it with 780 men. After belatedly realizing that its existence had become a terrorist recruiting tool and a blight on America’s global standing as a beacon of justice, Bush wanted to close it but settled for reducing the population to 242 inmates. Barack Obama campaigned on a promise to close the prison, but once elected he was stymied by Congress, managing only to reduce its population to 40. President Donald Trump, in his first term, pledged to keep the prison running and fill it with “some bad dudes,” but added no prisoners.”

“Biden deserves credit for bringing Guantánamo’s inmate population down to 15. This month, in the largest-ever transfer of detainees, 11 Yemeni men were sent to Oman. This followed the movement in December of two detainees to Malaysia and one to Kenya.”

“The remaining prisoners are from Afghanistan, Iraq, Libya, Pakistan, Yemen, Somalia, Indonesia and Saudi Arabia. There is also one Palestinian and one stateless Rohingya Muslim who was captured by Pakistani troops near the Afghanistan border in 2001.”

“The inmate population might have been reduced further in August, had Defense Secretary Lloyd Austin not stepped in at the last moment to nix a plea deal with three men accused of plotting the Sept. 11, 2001, terrorist attacks. Khalid Sheikh Mohammed, Walid bin Attash and Mustafa al-Hawsawi had agreed to plead guilty before a military commission hearing their cases in exchange for the government taking the death penalty off the table. The men would have served life in prison instead. Austin’s decision to revoke the plea deal was inexplicable — he would have, or should have, known about it long before it became public — and can only be marked down to the political calendar; the presidential election was three months away, and the families of the 9/11 victims might have been outraged by a deal that spared the lives of some of the terror plot’s masterminds. Austin’s decision was overturned by a military judge, and the deal is now stalled.”

“Biden also could have moved more quickly early in his term if he had made emptying Guantánamo a higher priority — as might have been expected from a president who said “democracy promotion” was a core tenet of his foreign policy. Keeping inmates detained for decades in a parallel legal structure, without charges, after many were subjected to torture and denied basic due process (the presumption of innocence and speedy trials, for instance) contradicts core principles of American justice. For 23 years, Guantánamo’s dark stain has hampered America’s ability to honestly condemn other countries for using arbitrary detention and torture, and for denying basic human rights for the accused.”

“Opening Guantánamo was a mistake from the start, and presidents since Bush can be blamed for not correcting it. But Congress has thrown up obstacles. Biden and Obama were both hamstrung by foolish legislation that tightly restricted detainee transfers to other countries and altogether prohibited sending them to prisons on U.S. soil because of specious concerns about security. Federal prisons already hold convicted terrorists, including shoe bomber Richard Reid and Zacarias Moussaoui, sometimes called the 20th hijacker.”

“Leaving only 15 detainees in Guantánamo Bay at an estimated cost of about $500 million a year — $33 million per prisoner — exposes the absurdity of keeping the prison open at all.”

“Abuse of detainees during wars or periods of mass trauma is tragically common. Think of the forced relocation and imprisonment of people of Japanese ancestry during World War II. But it is left to future leaders to acknowledge and correct such wrongs. President-elect Trump, who signed an executive order in 2018 to keep Guantánamo open, has expressed no interest in closing it. But in 2019 he did acknowledge that the cost of maintaining the prison was “crazy.” If he is now serious about wanting to improve government efficiency, he should work toward transferring the remaining inmates to secure federal prisons.”

Conclusion. Give thanks to the Washington Post for this Editorial.

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[1] Editorial, After 23 shameful years, close Guantanamo, Wash. Post (Jan. 15, 2025).

 

Cuba’s Current Economic and Political Crises

Introduction[1]

At least by early December 2023, it was evident that Cuba was experiencing a horrible economic crisis. One commentator put it this way: “Cuba is going through the worst crisis it has experienced in decades, with widespread shortages of food and medicines, rolling blackouts and a sky-high 400% annual inflation rate. The calls on the communist leadership to open up the economy to the market are getting loud, even from close political allies.”

t also was a Cuban political crisis on how to respond to this economic crisis.  As John Kavulich, the president of the U.S.-Cuba Trade and Economic Council based in New York City, said in early December, Cuban “bureaucrats have become more reluctant to take risks since there is uncertainty about who is really in charge.” They are “either frightened or untrusting, and certainly not risk-takers.”

The most vivid criticism of this situation came from Roberto Alvarez-Quinones, a Cuban journalist, economist and historian who after working in Cuba for Granma and Cuban television stations has been doing that work in Los Angeles, California. He said, “Never in the history of the entire West has there been such an overwhelming economic and social crisis that it has affected practically 99% of the total population of a country, without having been caused by a natural catastrophe or a war, but by the Government of the nation.”

Cuban Government’s Response[2]

 At a December 20-22, 2023, meeting of Cuba’s National Assembly, the Minister of the economy and planning, Alejandro Gil Fernandez, reported that for 2023 Cuba’s GDP fell almost 2%; exports were $770 million below predictions; food production was less than that for 2022;  tourism, although more than the prior year, had a yield only 69% of the 2019 figures; overall production was down; there were shortages of supplies and fuels; and health care and education sectors where harmed by loss of workers to emigration.

Fernandez attributed Cuba’s inflation to international price hikes, the government’s release of money to finance its budget deficit, fewer goods being produced, the agricultural sector being burdened by labor shortages, high costs and low yields and Cuba being forced to import over 70% of the food that [was] being consumed.

Prime Minister Manuel Marrero Cruz said the government’s lack of control over production and distribution “adversely affects production by state entities and lets currency exchanges on the illegal market determine the pricing of products from the non-state sector.”

President Diaz-Canel, of course, criticized the U.S. embargo (blockade), but admitted that the Cuban government had made some errors in the “design and implementation of currency unification,” “approving new economic actors without performance norms having been established” and “the complexity of making decisions in a context of extreme tension [and of] commitment to preserving social conquests.”

All of these “difficult realities” were summarized by W.T. Whitney, Jr. (an U.S. political journalist focusing on Latin America) as “the adverse effects of diminished tourism, inflation, and emigration; social inequalities based on varying access to resources; production stymied by shortages of resources; inadequate food production; lack of buying-power for most Cubans, and for importing necessary goods; and the near impossibility of securing foreign investment.”

To meet these problems, Whitney said, Cuba was preparing these responses: “further decentralization of political and economic administration; cutbacks on the expenditure of central government funds; reduced subsidies for the purchase of water, fuel, transport, and electricity by business entities; adjustment of import tariffs to favor the availability of resources for production; capturing more tourist dollars; protecting state-operated production entities; fixing prices; and producing more food.”

Moreover, Whitney said, the U.S. needs to cancel its embargo (blockade) of Cuba and remove Cuba from the U.S. list of countries that are sponsors of international terrorism.

Criticism of Cuban Government Responses[3]

Javier Perex Capdevila, Doctor of Economic Sciences and Professor at the University of Guantanamo, said the Government measures are based on cutting subsidies, but “there are no measures to get out of economic stagnation and . . . to reduce inflation, accompanied by a fiscal deficit that entails generating more liquid money which does not stimulate the economy, but rather inflation. The measures that have been announced in a confusing and ambiguous manner are supposed to achieve macroeconomic stabilization, but that is not a real solution . . and there is no guarantee that they will work.”

In addition. Capdevila noted that increases in long-distance transportation rates will adversely affect many people who have to use such transportation to reach competent medical personnel. He said, “You cannot save a country if you do not save the people.”

Pedro Monreal, a Cuban economist, criticized the purported justification for increasing black market prices for currencies by saying the government had not designed that market. Monreal said this was “a fig leaf to cover up the poor design of the ‘organization that made this informal market necessary.’”   The Cuban State did something worse in 2020 when “it designed a defective official exchange market with an overvalued [peso].” Monreal also “predicted more inflation” this year with a government deficit of 18.5% of gross domestic product.

Cuban economist Emilio Morales commented on the continued emigration of Cubans in 2023 while there was a 3.3% decrease in remittances to those on the island due to the need for those now in other countries to pay for their outbound transportation and expenses of living in other countries on their “march for family freedom.” Morales concluded that this result shows “the systemic crisis demands radical reforms and the entrenchment of the mafia regime in its totalitarian model blocks any possibility of survival. History teaches that bayonets cannot sustain a regime for long, indefinitely without fundamental reforms.”

The most recent news about Cuba’s laws affecting private enterprises was the January 16th announcement of new income tax regulations. Now “private sector employees will have to pay a 20% income tax on earnings above 30,000 Cuban pesos, about $109 per month. That’s a 15% tax rate increase from the previous scale set up in 2021, which imposed a 5% income tax for earnings over 9,510 Cuban pesos. Business owners must automatically deduct the tax payments monthly, the decree says.”

This recent announcement is in addition to the tax burden on Cuban private businesses: 35% tax on profits, a 10% tax on sales or services provided, a 5% payroll tax, a one percent revenue tax to support local governments and contributions to social security equal to 14% of workers’ salaries. Owners of the [private businesses] also have to pay up to 20% taxes on dividends.

Such private businesses “cannot hire more than 100 employees, they cannot be involved in economic activities handled by the state, such as telecommunications, and must import products and supplies through state companies working as intermediaries. According to the new regulations published this week, they can also be hit with price controls at any time ‘when circumstances advise it to achieve more favorable prices for the population.’”

At about the same time as this announcement of new taxes on private enterprises, the Cuban government announced a new “’ethics code’ for government officials and members of the Communist Party and similar organizations that mandate them to ‘be faithful to socialism,’ fight against the ‘genocidal’ U.S. embargo and ‘be loyal to the Cuban Communist Party, the Revolution… and to the Revolution´s Commander in Chief, Fidel Castro.”

Conclusion[4]

This blog consistently has advocated for U.S. repeal of the embargo (blockade) of Cuba and the U.S. designation of Cuba as a state sponsor of terrorism. However, all of the blame for Cuba’s current crises cannot be attributed to these U.S. measures. Indeed, the U.S. now is the sixth largest exporter to Cuba.

Moreover, now the U.S. is preoccupied with the Israel-Hamas and the Russia-Ukraine wars, problems with Iran, North Korea, China, Yemen and the Red Sea and the problems created by large number of immigrants at our southwestern border. As a result, the U.S. does not have the time and resources to devote to Cuba’s problems and U.S. policies regarding same.

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[1] Analysis of Cuba’s Current Economic Crisis, dwkcommentaries.com (Dec. 5, 2023); Almost All Cubans Suffer Worst Economic Crisis in the History of the Western Hemisphere, dwkcommentaries.com (Dec. 11, 2023);

[2] Whitney, A revolution in trouble: Cuba’s government, People’s World (Jan 8, 2024).

[3] ‘You can’t save a country if you don’t save the people.’ a Cuban economics doctor explodes in response to the package, Diario de Cuba (Jan. 13, 2024); Another rise in the price of the dollar and the euro on the Cuban black market, Diario de Cuba (Jan. 15, 2024); Emigration grows, but remittances to Cuba sink, Diario de Cuba (Jan. 16, 2024);Through resolutions, the Castro regime intends to stop the astronomical fiscal deficit that it approved, Diario de Cuba (Jan. 17, 2024); Reyes, The economic package opens a political crisis in the Government of Cuba, Diario de Cuba (Jan. 17, 2024); Torres, As the economy craters, the Cuban government hits private-sector workers with tax hike, Miami Herald (Jan. 18, 2024).

[4] E.g., posts listed in sections “Cuba: State Sponsor of Terrorism?” and “U.S. Embargo of Cuba” in List of Posts to dwkcommentaries—Topical: CUBA [as of 5/4/20]; Cuba Still on U.S. List of State Sponsors of Terrorism, dwkcommentaries.com (Dec. 2, 2023);U.S. Senators and Representatives Demand Ending of U.S. Designation of Cuba as State Sponsor of Terrorism, dwkcommentaries.com (Jan. 12, 2024); COMMENT: Another Congressman Calls for Ending Cuba as a State Sponsor of Terrorism, dwkcommentaries.com (Jan.13, 2024); U.S. Increasing Exports to Cuba, dwkcommentaries.com (Jan. 12, 2024).

Migrants from All Over Flocking to U.S.  

For the fiscal year ending September 30, 2023, arrests at the U.S. Southwest border of migrants from China, India, Mauritania, Senegal, Russia and other distant countries tripled to 214,000. This is a special challenge for the U.S. because deporting them is “time-consuming, expensive and sometimes not possible.” As a result, the U.S. is actively working on obtaining agreements for removal of such immigrants with such countries.[1]

In Mexico an international smuggling ring works with a network of other smugglers handling migrants from Bangladesh, Yemen, Pakistan, Eritrea, India, Uzbekistan, Egypt and India.

For the second year in a row total arrests at the U.S. southern border surpassed two million, almost 90% of whom are from Latin America and the Caribbean.

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[1] Perez, Migrants Are Flocking to the U.S. From All Over the Globe, W.S.J. (Nov. 4, 2023).

 

 

U.S. Report on Latest Session of U.N. Human Rights Council 

The U.S. State Department on October 17 delivered its report on the just-concluded 54th session of the U.N. Human Rights Council.[1] Here are the highlights of that report:

“Establishing an investigative mandate in Sudan . . . [The U.S.] was a member of the core group that established an international fact-finding mission to investigate human rights violations and abuses in Sudan. . . as reports of atrocities and other abuses continue, such as conflict-related sexual violence, ethnically motivated killings, and burning of villages in Darfur and elsewhere.”

Renewing the mandate of the Special Rapporteur on the human rights situation in the Russian Federation . . . [The U.S. co-sponsored this renewal as] Moscow’s campaign has worsened life for Russia’s citizens and made it dangerous for civil society organizations, media, and other independent voices to provide information or express dissent.  Russia continues to hold hundreds of political prisoners, including many sentenced for their criticism of Russia’s war of aggression against Ukraine. Impunity for human rights abuses in the North Caucasus region, including enforced disappearances and extrajudicial killings, also remains an urgent concern.”

“Renewing the mandate of the Special Rapporteur on the human rights situation in Afghanistan . . . [The U.S. co-sponsored this renewal] as the Taliban continues to target women and girls, government critics, former officials, and human rights activists through detentions, physical abuse, intimidation, and killings.”

“Advancing Gender Equality. . .[as the U.S.] reaffirmed its support for eliminating discriminatory laws and practices against women and girls in all their diversity, advanced the right to the highest attainable standard of physical and mental health, and underscored the importance of the right of everyone to education.  We co-sponsored and helped defend resolutions that advance gender equality, including Preventing Maternal Mortality and Morbidity and Girls Education.  The United States helped defeat a slate of hostile amendments seeking to weaken inclusive gender language from these and other resolutions.”

“Supporting Racial Equity and Justice . . . [the U.S.] demonstrated its deep commitment to addressing the challenges of systemic racism both at home and abroad, . . .[by joining] consensus on the renewal of the Mandate of the Working Group of Experts on People of African Descent, [and by co-sponsoring] the resolution entitled Human Rights and Indigenous Peoples, which laid the foundation for enhancing the participation of Indigenous Peoples in the work of the Council.”

“Other Priorities: . . .[The U.S.] co-sponsored resolutions to continue reporting on Burundi and provide assistance to Somalia in the field of human rights . . . [and by joining] consensus on resolutions providing human rights assistance in Cambodia, Yemen, the Democratic Republic of the Congo, and the Central African Republic; [and by co-sponsoring] thematic resolutions on such topics including enforced or involuntary disappearances; centrality of care and support from a human rights perspective; the promotion of truth, justice, reparation, and guarantees of non-reoccurrence; the human rights of older persons; the World Programme for Human Rights Education; and the International Year of the Family.”

“Joint Statements: . . . [The U.S. led joint statements on [a] the heightened risks associated with surveillance technologies, including commercial spyware, and the importance of safeguards and responsible practices in the development and use of these tools to protect human rights and fundamental freedoms and [b] safeguarding the human rights of women and girls across the Americas.”. . .[In addition, the U.S.] joined joint statements on Syria, Sri Lanka, Ukraine, Ethiopia, the situation in Nagorno-Karabakh, President Nelson Mandela’s Commitment to the UDHR and VDPA, sexism in sport, antisemitism in sport, rights of intersex persons, the rights of LGBTQI+ persons, reprisals, social reintegration of prisoners, and enhancing access to assistive technologies for older persons, and vaccination, immunization, and the right to the enjoyment of the highest attainable standard of health.”

“Side Events: [The U.S. co-sponsored events] … on combatting antisemitism, … the Holocaust, and on human rights in Russia, Yemen, and Ukraine.”

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[1] U.S. Dep’t State, Outcomes of the 54th Session of the UN Human Rights Council (Oct. 17, 2023).

U.S. Should Release All Guantanamo Prisoners and Close Down

A New York Times editorial starts with the factual assertion that “30 men . . . [are] still imprisoned at the U.S. naval base whose name has become synonymous with American shame.” Although President Biden “said at the outset of his administration that he would seek to have the detention center closed . . . the moral imperative and the ethical case for doing so has only gotten stronger with time.”[1]

Such closure, per the editorial, requires the President “to find countries willing to take 16 [of them] who are deemed to post no terror threat and have been cleared to leave” and “to clarify the ‘policy principles that would open the way for plea bargains for those [14] cases in which convictions are no longer possible.”

Although the President “has full authority to clear these hurdles and either repatriate the remaining prisoners or get them to a plea bargain,” he “needs to ensure that the task has the highest priority.”

The editorial concluded with testimony before the Senate Judiciary Committee from Retired Marine Brig. Gen. John Baker, who had served as chief defense counsel at the base for six and a half years.  “The best that can be hoped for at this point, more than 20 years after the crimes were committed, is to bring this sordid chapter of American history to an end. And that end can only come through a negotiated resolution of the cases.”

Other Recent Developments Regarding Guantanamo

The editorial started by acknowledging that after nearly 21 years of detention the U.S. had just released an Algerian to his home country after never having been charged with any crimes by the U.S. [2]

On the same day as the editorial, a senior official of the International Committee of the Red Cross expressed alarm about deteriorating health conditions and inadequate preparations for aging prisoners at Guantanamo.[3]

Earlier this month the D.C. Circuit Court of Appeals, en banc, refused to rule on whether a Guantanamo detainee from Yemen who had been detained in Guantanamo for 20 years had due process rights under the U.S. Constitution’s Fifth Amendment and remanded the case to the district court to determine whether he should be released because the U.S. no longer considers him to be a security threat.[4]

Conclusion

Release all the prisoners and close Guantanamo as soon as possible!

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[1] Editorial, Biden Can Close the Legal Black Hole at Guantanamo, N.Y. Times (April 29, 2023)

[2]  Rosenberg, Pentagon’s Repatriation of Algerian Leaves 30 Prisoners at Guantanamo, N.Y. Times (April 20, 2023)

[3] Rosenberg, Red Cross Expresses Alarm Over Detainee Health at Guantanamo Bay, N.Y. Times (April 21, 2023)

[4] Weiner & Hsu, Divided court leaves constitutional issue at Guantanamo unresolved, Wash. Post (April 12, 2023); Opinion, Al-Hela v. Biden, U.S. Court of Appeals, No. 19-5079 (D.C. Cir. April 4 & 12, 2023).

 

President Trump Announces Categories for U.S. Admission of Refugees for Fiscal 2021             

On September 30, the U.S. State Department announced that President Trump had reduced the U.S. quota for admission of refugees to 15,000 for Fiscal Year 2021 (October 1, 2020-September 30, 2021) that would be documented in a subsequent presidential determination.[1]

That Presidential Determination confirming the 15,000 limitation was issued on October 28 in the form of a memorandum to the Secretary of State. It also announced allocations “among refugees of special humanitarian concern to the United States.”[2] Here are those allocations:

Number Category
5,000 Refugees who: have been persecuted or have a well-founded fear of persecution on account of religion; or are within a category of aliens established under subsections (b) and (c) of section 599D of Title V, Public Law 101-167, as amended (the Lautenberg and Specter Amendments). [(i) “aliens who are or were nationals and residents of the Soviet Union and who share common characteristics that identify them as targets of persecution in the Soviet Union on account of race, religion, nationality, membership in a particular social group, or political opinion,” including “nationals and residents of the Soviet Union and who are Jews or Evangelical Christians ” and (ii) “aliens who are or were nationals and residents of Vietnam, Laos, or Cambodia and who share common characteristics that identify them as targets of persecution in such respective foreign state on such an account.
4,000 Refugees who are within a category of aliens listed in section 1243(a) of the Refugee Crisis in Iraq Act of 2007, Title XII, Div. A, Public Law 110-181, as amended: “[1) Iraqis who were or are employed by the United States Government, in Iraq;(2) Iraqis who establish to the satisfaction of the Secretary of State that they are or were employed in Iraq by–(A) a media or nongovernmental organization headquartered in the United States; or (B) an organization or entity closely associated with the United States mission in Iraq that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement; and 3) spouses, children, and parents whether or not  accompanying or following to join, and sons, daughters, and siblings of aliens described in paragraph (1), paragraph (2), or section 1244(b)(1); and(4) Iraqis who are members of a religious or minority community, have been identified by the Secretary of State, or the designee of the Secretary, as a persecuted group, and have close family members . . . in the United States.”
1,000 Refugees who are nationals or habitual residents of El Salvador, Guatemala, or Honduras.
5,000 Other refugees in the following groups: those referred to the United States Refugee Admissions Program (USRAP) by a United States Embassy in any location; those who will be admitted through a Form I-730 following-to-join petition or who gain access to the USRAP for family reunification through the P-3 process; those currently located in Australia, Nauru, or Papua New Guinea who gain access to the USRAP pursuant to an arrangement between the United States and Australia; those who are nationals or habitual residents of Hong Kong, Venezuela, or Cuba; and those in the USRAP who were in “Ready for Departure” status as of September 30, 2019.
15,000 TOTAL

In addition, the President authorized the Secretary of State, subject to certain conditions, “to transfer unused admissions from a particular allocation above to one or more other allocations, if there is a need for greater admissions for the allocation to which the admissions will be transferred.”

The President, subject to certain conditions, also authorized the Secretary of State to consider “the following persons . . ., if otherwise qualified, . . . [as] refugees for the purpose of admission to the United States within their countries of nationality or habitual residence: a. persons in Cuba; b. persons in Eurasia and the Baltics; c. persons in Iraq; d. persons in Honduras, Guatemala, and El Salvador; and e. in exceptional circumstances, persons identified by a United States Embassy in any location.”

The President specified “that persons from certain high-risk areas of terrorist presence or control, including Somalia, Syria, and Yemen, shall not be admitted as refugees, except those refugees of special humanitarian concern:  (1) who have been persecuted or have a well-founded fear of persecution on account of religion; (2) were referred to the USRAP by a United States Embassy in any location; or (3) who will be admitted through a Form I-730 following-to-join petition or who gain access to the USRAP for family reunification through the P‑3 process.  The threat to United States national security and public safety posed by the admission of refugees from high-risk areas of terrorist presence or control is significant and cannot be fully mitigated at this time.”

Another specification by the President was “ for FY 2021, newly admitted refugees should be placed, to the maximum extent possible, in States and localities that have clearly expressed their willingness to receive refugees under the Department of State’s Reception and Placement Program.  Such cooperation ensures that refugees are resettled in communities that are eager and equipped to support their successful integration into American society and the labor force.”

Finally the President determined “hat assistance to or on behalf of persons applying for admission to the United States as part of the overseas refugee admissions program will contribute to the foreign policy interests of the United States, and I accordingly designate such persons for this purpose.”

Conclusion

 The principal objection to this presidential action is the overall limitation of resettled refugees to 15,000 in one year. The identification of the refugees in the above categories and their allocated numbers presumably are justified.

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[1] U.S. Reduces Refugee Admissions to 15,000 for Fiscal 2021, dwkcommentaries.com (Oct. 2, 2020).

[2] White House, Presidential Determination on Refugee Admissions for Fiscal Year 2021 (Oct. 28, 2020).

 

U.S. Opposition to “Abortion” and “Sexual and Reproductive Health and Rights” at U.N. High-Level Meeting  

On September 23, 2019, the U.N. General Assembly held a High-Level Meeting on Universal Health Coverage that aimed to accelerate progress toward universal health coverage for everyone around the world, which would include access to health care services, medicines and vaccines in accordance with the U.N.’s 2030 Agenda for Sustainable Development, under which all countries have committed to try to achieve universal health coverage by 2030.[1]

At this High-Level Meeting, Alex Azar, the U.S. Health and Human Services Secretary, read a joint statement on behalf of the following 19 countries representing more than 1.3 billion people: the United States of America plus Africa (Democratic Republic of the Congo, Egypt, Libya, Mali, Nigeria, Sudan), Eastern Europe/North Asia (Belarus, Russia), Europe (Hungary, Poland), Latin America (Brazil, Guatemala, Haiti) and  Middle East (Bahrain, Iraq, Saudi Arabia, United Arab Emirates, Yemen).

The U.S. Joint Statement[2]

“We believe that health of women, men, children and adolescents supports and improves the overall health of our families and communities, and that the family is the foundational institution of society and thus should be supported and strengthened.”

“We commend the United Nations and the Member States on the significant work done on the Universal Health Coverage Political Declaration,[3] and for the high priority placed on expanding access to health care.”

“We therefore urge Member States to join us in focusing on the important work of expanding health and opportunities for all people, and especially those in situations of risk and/or vulnerability.”

“To make the most meaningful progress without delay or dissension, we respectfully call upon Member States to join us in concentrating on topics that unite rather than divide on the critical issues surrounding access to health care.”

“We do not support references to ambiguous terms and expressions, such as sexual and reproductive health and rights in U.N. documents, because they can undermine the critical role of the family and promote practices, like abortion, in circumstances that do not enjoy international consensus and which can be misinterpreted by U.N. agencies.” (Emphasis added.)

“Such terms do not adequately take into account the key role of the family in health and education, nor the sovereign right of nations to implement health policies according to their national context. There is no international right to an abortion and these terms should not be used to promote pro-abortion policies and measures.” (Emphasis added.)

Further, we only support sex education that appreciates the protective role of the family in this education and does not condone harmful sexual risks for young people.”  (Emphasis added.)

“We therefore request that the U.N., including U.N. agencies, focus on concrete efforts that enjoy broad consensus among member states. To that end, only documents that have been adopted by all Member States should be cited in U.N. resolutions.” (Emphasis added.)

“To this end, we also understand the important role the Sustainable Development Goals play in assisting countries realize their own path to universal health coverage, in accordance with national policies and legislation.”

“We strongly support the highest attainable health outcomes for women, men, children, and adolescents holistically and throughout their lives.”

“We support equal access to health care, which includes, but is not limited to reproductive concerns, maternal health, voluntary and informed family planning, HIV, elimination of violence against women and girls, and empowerment to reach the highest standard of health.” (Emphasis added.)

“We support programs to improve the health, life, dignity, and well-being of women, men, children, and families, and we will continue to be their stalwart defender.”

“Let us focus on concrete issues and challenges to accelerate access to health for all.”

“To this end, international solidarity has a key role to play, in order to the build broad consensus by member states.”

Preceding U.S. Letter Urging Support of the Joint Statement[4]

Prior to this High-Level Meeting, Secretary Azar and U.S. Secretary of State Michael Pompeo reportedly sent a letter to at least some of the other U.N. members that were to attend this High-Level Meeting encouraging them to sign this joint statement opposing “harmful UN policies, especially at the World Health Organization, that promote sexual and reproductive health and rights” and “ensuring that every sovereign state has the ability to determine the best way to protect the unborn and defend the family as the foundational unity of society vital to children thriving and leading healthy lives.”

This letter reportedly also said, “We remain gravely concerned that aggressive efforts to reinterpret international instruments to create a new international right to abortion and to promote international policies that weaken the family have advanced through some United Nations forums.” Evidence of this [effort] is found in references throughout many multilateral global health policy documents to interpret ‘comprehensive sexuality education’ and ‘sexual and reproductive health’ and ‘sexual and reproductive health and rights’ to diminish the role of parents in the most sensitive and personal family-oriented issues. The latter has been asserted to mean promotion of abortion, including pressuring countries to abandon religious principles and cultural norms enshrined in law that protect unborn life.”

Other U.S. Challenges to U.N. Documents

This U.S. letter and the Joint Statement are consistent with prior efforts by the Trump Administration to delete and remove language from various U.N. agreements. Here are examples of this effort: (a) this April intense lobbying by U.S. officials resulted in the removal of references to sexual and reproductive health from a UN security council resolution on combatting rape in conflict; and (b) the U.S.previously attempted to water down language and remove the word “gender” from UN documents.

On September 24 Secretary Azar remained at the U.N. to attend President Trump’s address to the General Assembly and to meet with other governments representatives. He also was interviewed on Tony Perkins’ “Washington Watch” radio program  [5]

Opposition to U.S. Joint Statement[6]

The Netherlands’ Minister of Foreign Trade, Sigrid Kaag, spoke out in a competing joint statement issued on behalf of 58 countries. Although it did not mention the U.S. Joint Statement or use the word “abortion,” her joint statement clearly opposed the U.S. position. Her main points were the following: (1) “We strongly believe that SRHR [Sexual Reproductive Health and Rights] is an integral part of Universal Health Coverage and the SDGs [Sustainable Development Goals]. (2) “Investing in SRHR has proven to be affordable, cost-effective, and cost saving.” (3) “Gender-related barriers to accessing UHC [Universal Health Care] must be addressed, including by direct involvement of women, adolescents and marginalized groups in policy and program design.” (4) “Investing in comprehensive sexual and reproductive health services in UHC is necessary to address the needs of women, girls, adolescents and people in the most marginalized situations who need these the most.”

Sweden’s Minister for International Development Cooperation tweeted that the action was “unbelievable news” and that “women’s rights must be protected at all times.” Another objector was Françoise Girard, president of the International Women’s Health Coalition, who said that “sexual and reproductive rights are human rights, and are enshrined in UN agreements for almost 25 years now” and that “the Trump administration’s position is extreme and its repeated attempts to strip women, girls, and gender- diverse people of their rights at the United Nations have failed.”

Shannon Kowalski, director of advocacy and policy at the International Women’s Health Coalition, said the Pompeo-Azar letter “shows how they are trying to erode international consensus and roll back the clock for women and girls. It’s not just abortion that they care about, they care about women’s ability to exercise autonomy over their bodies and about denying them critical access to the services they need.” That Pompeo and Azur both signed the letter suggests an escalation of the US strategy to undermine policy statements, she added.

Keifer Buckingham, senior policy adviser for international public health at the Open Society Foundations, said that rather than an escalation, “it could be them just putting out in public what they have been doing in private.” She said the US was effectively sending a message of “if you’re not with us, you’re against us”, which could have funding implications.

Other civil society and women’s rights groups expressed alarm at the efforts and accused the U.S. of aligning with countries like Saudi Arabia and Sudan with poor human rights records and, also, of putting unfair pressure on poor countries that depend on U.S. aid.

Support for U.S. Joint Statement[7]

On the other side of this controversy were anti-abortion groups that praised the statement as a sign of the administration’s “strong pro-life leadership on the world stage.” For example, the group Susan B. Anthony (SBA ) List issued a statement, saying, “From day one, President Trump has worked to restore respect for life as a foundational American value, not only in our domestic policies, but in our international relations as well.”

Conclusion

This speech by Secretary Azar, the preceding letter and the U.S. lobbying for other nations’ support against abortion and reproductive health can be seen as confirmation of fears that the U.S. Commission on Unalienable Rights that was announced this June was designed to put a gloss of respectability on efforts to attack women’s rights and to appeal to the Administration’s base of very conservative religious supporters.[8]

As noted in other posts, this U.S. Commission emphasizes the July 4, 1776, U.S. Declaration of Independence’s statement “that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these, are life, liberty, and the pursuit of happiness.” But the Commission ignores that phrase’s indications that “life, liberty, and the pursuit of happiness” are “among” certain unalienable rights; i.e., there are other such rights. Moreover, the Commission ignores the very next sentence of that Declaration: “That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” In other words, this Declaration recognizes that these recited rights need to be “secured” by subsequent legislation that will have details not specified in this Declaration. (Emphasis added.)

Moreover, the U.S.-promoted Joint Statement’s requiring all 193 U.N. members to adopt a U.N. document or treaty as a precondition for them to be used in other U.N. documents would give every one of those members a veto right on the subsequent use of those documents or treaties. Is there any such document or treaty that has such unanimous approval? (That is exceedingly unlikely.) It also is  antithetical to the provisions of such treaties requiring a certain number of ratifications in order for the treaties to go into effect for the parties to the treaties. In short, this provision of the Joint Statement would totally prevent progress on these and many other issues.[9]

In short, the U.S. positions expressed in the U.N. speech by Secretary Azar were most unfortunate.

===================================

 

[1] HHS Dep’t, Secretary Azar Represents the United States During UNGA High-Level Meeting on Universal Health Care Coverage (Sept. 23, 2019); U.N. Gen. Ass’bly, uhc 2030.

[2] U.S. HHS Dep’t, [Secretary Azar], Remarks on Universal Health Coverage (Sept. 23, 2019); Howard, U.S. wants the U.N. to oppose terms such as “reproductive health and rights” in policies, CNN (Sept. 23, 2019).

[3] The Political Declaration stated that the High-Level Meeting will have “a dedicated focus for the first time on universal health coverage . . . and [a strong recommitment] to achieve universal health coverage by 2030” with 83 numbered paragraphs of specific actions towards that goal. (U.N. Gen. Ass’bly, Political Declaration on the High-level Meeting on Universal Health Coverage (Sept. 10, 2019).)

[4] Cha, U.S. joins 19 nations, including Saudi Arabia and Russia: ‘There is no international right to an abortion, Wash. Post (Sept. 24, 2019); Ford, Leaked letter suggests US is rallying UN members to oppose abortion, Guardian (Sept. 23, 2019).

[5] HHS Dep’t, Secretary Azar Attends Presidential Address at UNGA, Furthers U.S. Partnerships on Health through Bilateral Meetings (Sept. 24, 2019).

[6] Netherlands Ministry Foreign Affairs, Joint Statement on SRHR in UHC (Sept. 23, 2019).

[7] SBA List, Pro-Life Groups Praise Trump Admin’s Defense of Life at the UN (Sept. 24, 2019).

[8] See posts to dwkcommentaries about the Commission on Unalienable Rights.

[9]  See List of Posts to dwkcommentaries—Topical: Law (TREATIES).

 

 

 

 

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

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

 Vice President Pence’s Remarks[2]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

President Trump’s Message[6]

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

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

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

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

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

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

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

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

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

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

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

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

Secretary Pompeo’s Remarks[9]

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

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

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

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

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

Conclusion

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

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

===================================

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

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

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

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

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

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

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

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

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

The U.S. Commission on Unalienable Rights: Partial Commendation

On July 8, 2019, the U.S. State Department launched the U.S. Commission on Unalienable Rights.[1] This new Commission deserves both commendation and criticism. Below are its positive points, and a subsequent post will discuss the many legitimate criticisms of this new institution.

U.S. Primary Sources for Human Rights

According to Secretary of State Pompeo, the Commission regards the U.S. Declaration of Independence from 1776 and the Universal Declaration of Human Rights of 1948 as pillars of U.S. dedication to human rights. As the Secretary said at the launch, “The Commission will focus on “human rights grounded in our nation’s founding principles and the principles of the 1948 Universal Declaration of Human Rights. An American commitment to uphold human rights played a major role in transforming the moral landscape of the international relations after World War II, something all Americans can rightly be proud of. Under the leadership of Eleanor Roosevelt, the 1948 Universal Declaration on Human Rights ended forever the notion that nations could abuse their citizens without attracting notice or repercussions.”[2]

In other statements the Secretary has asserted that freedom of religion and belief is the foundational and most important freedom. While that perhaps could be debated, it is clearly an important freedom.

Both of these declarations indeed honor human rights, and the inclusion of the Universal Declaration is an implicit admission that the U.S. alone does not have all the answers on this subject. Here then are some of the key points of these two documents that call for commending the Commission.

U.S. Declaration of Independence

These are the familiar words from the U.S. Declaration of Independence of July 4, 1776: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

Universal Declaration of Human Rights

On December 10, 1948, the U.N. General Assembly at a meeting in Paris, France adopted the Universal Declaration of Human Rights (UDHR) by a vote of 48-0. Eight countries abstained: the Soviet Union, five members of the Soviet bloc (Byelorussia, Czechoslovakia, Poland, Ukraine and Yugoslavia), South Africa and Saudi Arabia. The other two U.N. members at the time were absent and not voting (Honduras and Yemen).[3]

Some of this Declaration’s words in its Preamble and 30 Articles are reminiscent of the language of the U.S. Declaration of Independence of July 4, 1776. Here are some of the provisions of the U.N. document:

  • “[R]ecognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” (Preamble)
  • The “peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women.” (Preamble)
  • “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” (Art. 1)
  • “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” (Art. 2)
  • “Everyone has the right to life, liberty and security of person.” (Art.3)
  • “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.” (Art. 4)
  • “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” (Art. 5)
  • “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.” (Art. 7)
  • Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.” (Art. 8)
  • “No one shall be subjected to arbitrary arrest, detention or exile.” (Art. 9)
  • “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” (Art. 10)
  • “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty . . . .” (Art. 11(1).)
  • “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” (Art. 14(1).)
  • “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family.” (Art. 16(1).)
  • “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.” (Art. 18) (Emphasis added.)
  • “Everyone has the right to freedom of opinion and expression; this right includes the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.: (Art. 19.)
  • “ Everyone has the right to freedom of peaceful assembly and association.” (Art. 20(1).)
  • “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family . . . .” (Art. 25(1).)

Other UDHR provisions, which have been overlooked in various comments about the Commission and which relate to its negative points to be discussed in a subsequent post, are the following: “[H]uman rights should be protected by the rule of law” (Preamble); U.N. “Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms” (Preamble); “[E]very individual and every organ of society . . . shall strive . . . by progressive measures national and international, to secure . . . [these rights and freedoms] universal and effective recognition and observance”[Proclamation);[4] “The will of the people shall be the basis of authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage . . . .” (Art. 21(3).)

The importance and significance of these provisions were emphasized by the Commission’s chair, Mary Ann Glendon, in her book: A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights (2001). The Preface says the UDHR “became a pillar of a new international system under which a nation’s treatment of its own citizens was no longer immune from outside scrutiny. . . . Today, the Declaration is the single most important reference point for cross-national discussions of how to order our future together on our increasingly conflict-ridden and interdependent planet.”   Her book’s Epilogue emphatically states:

  • “The Universal Declaration created a bold new course for human rights by presenting a vision of freedom as linked to social security, balanced by responsibilities, grounded in respect for equal human dignity, and grounded by the rule of law.”
  • “The Declaration’s principles, moreover, have increasingly acquired legal force, mainly through their incorporation into national legal systems.”
  • “One of the most basic assumptions of the founders of the UN and the framers of the Declaration was that the root causes of atrocities and armed conflict are frequently to be found in poverty and discrimination.”

Conclusion

The U.S. Declaration of Independence and the Universal Declaration of Human Rights indeed are major sources of human rights, and the Commission’s proclaiming them as important is an action to be commended.

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[1] See these posts to dwkcommentaries.com: Is Trump Administration Attempting To Redefine International Human Rights? (June 15, 2019); Other Reactions to State Department’s Commission on Unalienable Rights (June 17, 2019); More Thoughts on Commission on Unalienable Rights (June 18, 2019); U.S. Commission on Unalienable Rights: Developments (July 4, 2019);U .S. Commission on Unalienable Rights Is Launched (July 8, 2019); More Comments on Commission on Unalienable Rights (July 9, 2019); Additional Discussion About the U.S. Commission on Unalienable Rights (July 18, 2019).

[2] State Dep’t, Secretary of State Michael R. Pompeo Remarks to the Press (July 8, 2019).

[3] U.N., Universal Declaration of Human Rights (Dec. 10, 1948), UN Gen. Assembly Res. 217A, Doc A/810 at 71; Universal Declaration of Human Rights, Wikipedia; Kenton, Human Rights Declaration Adopted by U.N. General Assembly; U.N. VOTES ACCORD ON HUMAN RIGHTS, N.Y. Times (Dec. 11, 1948). The history of the UDHR and its not being legally binding on U.N. members or other states are discussed in The Importance of the Universal Declaration of Human Rights, dwkcommentaries.com (July 11, 2019).

[4] The U.S. has signed and ratified 19 multilateral human rights treaties in accordance with the Constitution’s Article II (2.2) requiring the “advice and consent” by two-thirds of the senators present at the vote. In addition, the U.S. has signed, but not ratified, nine other multilateral human rights treaties while at least seven significant human rights treaties that as of February 2013 had not been signed and ratified by the U.S. (See Multilateral Treaties Ratified by the U.S., dwkcommentaries.com (Feb. 9, 2013); Multilateral Treaties Signed, But Not Ratified, by the U.S., dwkcommentaries.com (Feb. 12, 2013); Multilateral Human rights Treaties That Have Not Been Signed and Ratified by the U.S. (Feb. 16, 2013).

 

 

 

 

The Importance of the Universal Declaration of Human Rights

As has been noted in a post about the recent launching of the new U.S. Commission on Unalienable Rights, U.S. Secretary of State Mike Pompeo made the following favorable comments about the Universal Declaration of Human Rights (UDHR): “The Commission will focus on “human rights grounded in our nation’s founding principles and the principles of the 1948 Universal Declaration of Human Rights. An American commitment to uphold human rights played a major role in transforming the moral landscape of the international relations after World War II, something all Americans can rightly be proud of. Under the leadership of Eleanor Roosevelt, the 1948 Universal Declaration on Human Rights ended forever the notion that nations could abuse their citizens without attracting notice or repercussions.” [1] (Emphasis added.)

In addition, the Commission’s chair, Mary Ann Glendon, has written a marvelous book about the UDHR: A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights (2001). [2] In her Preface, she says this Declaration “became a pillar of a new international system under which a nation’s treatment of its own citizens was no longer immune from outside scrutiny. . . . Today, the Declaration is the single most important reference point for cross-national discussions of how to order our future together on our increasingly conflict-ridden and interdependent planet.”  (Emphasis added.) Her book’s Epilogue emphatically states:

  • “The Universal Declaration created a bold new course for human rights by presenting a vision of freedom as linked to social security, balanced by responsibilities, grounded in respect for equal human dignity, and grounded by the rule of law.”
  • “The Declaration’s principles, moreover, have increasingly acquired legal force, mainly through their incorporation into national legal systems.”
  • “One of the most basic assumptions of the founders of the UN and the framers of the Declaration was that the root causes of atrocities and armed conflict are frequently to be found in poverty and discrimination.” (Emphases added.)

Therefore, the following brief summary of the UDHR should assist in understanding the upcoming work of the Commission.

The History of the UDHR

The Charter of the United Nations entered into force on October 24, 1945. Its Preamble stated, in part, that the U.N. was created “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women” and “to promote social progress and better standards of life in larger freedom.” And one of its stated purposes was “To achieve international cooperation . . . in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.” (Art. 1(3)) The Charter also established the Economic and Social Council (Ch. X), which was to “make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all.” (Art. 62(2))

In June 1946, that  Economic and Social Council established the Commission on Human Rights, comprising 18 members from various nationalities and political backgrounds. The Commission then established a special Universal Declaration of Human Rights Drafting Committee, chaired by Eleanor Roosevelt, to write the Declaration. The Committee met in two sessions over the course of two years to consider that proposed instrument with Canadian John Peters Humphrey, Director of the Division of Human Rights within the U.N. United Nations Secretariat, as the principal drafter of the UDHR along with a committee that included René Cassin of France, Charles Malik of Lebanon, and P. C. Chang of the Republic of China. Once the Committee finished its drafting in May 1948, the draft was further discussed by the U.N. Commission on Human Rights, the U.N. Economic and Social Council, and the Third Committee of the General Assembly. During these discussions many amendments and propositions were made by UN Member States.

On December 10, 1948, the U.N. General Assembly at a meeting in Paris, France adopted the Universal Declaration of Human Rights (UDHR) by a vote of 48-0. Eight other countries abstained: the Soviet Union, five members of the Soviet bloc (Byelorussia, Czechoslovakia, Poland, Ukraine and Yugoslavia), South Africa and Saudi Arabia. The other two U.N. members at the time were absent and not voting (Honduras and Yemen).[3]

Selected Provisions of the UDHR

Many of this Declaration’s words in its Preamble and 30 Articles are reminiscent of the language of the U.S. Declaration of Independence of July 4, 1776. Here are some of those words in the U.N. document:

  • “[R]ecognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” (Preamble)
  • “[H]uman rights should be protected by the rule of law.” (Preamble)
  • The “peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women.” (Preamble)
  • N. “Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms.” (Preamble)
  • “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” (Art. 1)
  • “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other s” (Art. 2)
  • “Everyone has the right to life, liberty and security of person.” (Art.3)
  • “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.” (Art. 7)
  • “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.” (Art. 18) (Emphases added.)

Legal Status of the UDHR

As a resolution of the U.N. General Assembly, the UDHR is not legally binding on U.N. members. As Mr. Justice Souter stated in an opinion for the U.S. Supreme Court, “the [Universal] Declaration does not of its own force impose obligations as a matter of international law.”[4] Instead, like the U.S. Declaration of Independence, the UDHR was an inspiration and prelude to the subsequent preparation and adoption of various multilateral human rights treaties as well as national constitutions and laws.

Conclusion

 On December 10, 1978, the 30th anniversary of the UDHR’s adoption, President Jimmy Carter said this Declaration “and the human rights conventions [treaties] that derive from it . . . are a beacon, a guide to a future of personal security, political freedom, and social justice. . . . The Universal Declaration means that no nation can draw the cloak of sovereignty over torture, disappearances, officially sanctioned bigotry, or the destruction of freedom within its own borders. . . . Our pursuit of human rights is part of a broad effort to use our great power and our tremendous influence in the service of creating a better world, a world in which human beings can live in peace, in freedom, and with their basic needs adequately met.”[5]

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[1] Here are other posts about the Commission:  Is Trump Administration Attempting To Redefine International Human Rights? (June 15, 2019); Other Reactions to State Department’s Commission on Unalienable Rights (June 17, 2019); More Thoughts on Commission on Unalienable Rights (June 18, 2019); U.S. Commission on Unalienable Rights: Developments (July 4, 2019); More Comments About the Commission on Unalienable Rights (July 9, 2019).

[2] The Glendon book discusses the history of the drafting of the Declaration and includes copies of the various drafts.

[3] U.N., Universal Declaration of Human Rights (Dec. 10, 1948), UN Gen. Assembly Res. 217A, Doc A/810 at 71;Universal Declaration of Human Rights, Wikipedia; Kentonspecial, Human Rights Declaration Adopted by U.N. General Assembly; U.N. VOTES ACCORD ON HUMAN RIGHTS, N.Y. Times (Dec. 11, 1948).

[4] Sosa v. Alvarez-Machain,  542 U.S. 692 (2004); Sosa v. Alvarez-Machain, Wikipedia.

[5] Excerpts From Carter’s Speech on Anniversary of Human Rights Declaration, N.Y. Times (Dec. 10, 1978).