“What Endures?”

On All Saints Day, November 4, Minneapolis’ Westminster Presbyterian Church’s Senior Pastor, Rev. Tim Hart-Andersen, delivered this sermon, “”What Endures?” (The bulletin for the service is online.)

At the start of the service, In observance of All Saints Day, the names of the 39 church members who had died since the prior All Saints Day, which were printed in the bulletin, were read aloud.[1]

Preparing for the Word

Prayer of Confession. Associate Pastor David Shinn led the congregation in the following unison Prayer of Confession:

  • “Eternal God, in every age you have raised up your children to live and die in faith. We confess that we are indifferent to your will. You call us to proclaim your name, but we are silent. You call us to do what is just, but we remain idle. You call us to live faithfully, but we are afraid. In your mercy, forgive us. Give us courage to follow in your way, that joined with those from ages past, who have served you with faith, hope and love, we may inherit the kingdom you promised in Jesus Christ.”

This was followed by Silent Prayer and Assurance of God’s Forgiveness.

Listening fro the Word

Scripture: Isaiah 40: 1-8 (NRSV)

“Comfort, O comfort my people,
says your God.
Speak tenderly to Jerusalem,
and cry to her
that she has served her term,
that her penalty is paid,
that she has received from the Lord’s hand
double for all her sins.

A voice cries out:
‘In the wilderness prepare the way of the Lord,
make straight in the desert a highway for our God.
Every valley shall be lifted up,
and every mountain and hill be made low;
the uneven ground shall become level,
and the rough places a plain.
Then the glory of the Lord shall be revealed,
and all people shall see it together,
for the mouth of the Lord has spoken.’

A voice says, ‘Cry out!’
And I said, ‘What shall I cry?’
All people are grass,
their constancy is like the flower of the field.
The grass withers, the flower fades,
when the breath of the Lord blows upon it;
surely the people are grass.
The grass withers, the flower fades;
but the word of our God will stand forever.”

Sermon:

“We don’t usually hold memorial services on Sunday morning, but All Saints Day comes close. We gather and remember those who have gone before us, we read their names, we give thanks to God for their lives, and we proclaim that death is no match for the power of God’s love.”

“Given all that has happened in our nation in recent days, it feels as if a memorial service this morning might be appropriate. The murders of 11 Jews as they worshipped in Pittsburgh in their synagogue last week and two African-Americans at a grocery in Louisville, as they shopped – both by white extremists – call us to national grief. “

“When we gather for a memorial service we want to do three things. First, we want to name the sorrow felt by those whose loved one is now gone. Second, we want to tell the story of the person’s life. Third, to declare a word of hope about the love of God that remains strong from everlasting to everlasting: the love that endures even in the face of death.”

“Sometimes a memorial service leans more in one direction or another. When the life of a young person has been cut short, for instance, and there are no memories of a long, full life, giving voice to the anguish of the family is important. I’ve led memorial services for infants and young children, and grief is about all there is, tempered by a touch of gratitude, even for the short life of a child.”

“Ten days ago the world was introduced to little Amal Hussain, the seven year-old whose emaciated body has come to incarnate the awful tragedy of the war in Yemen, where thousands are at risk of starvation. Now Amal – whose name in Arabic means hope – has died. The anguish of her parents runs deep. In an interview her mother said, simply, ‘My heart is broken.’”

“Children so often bear the brunt of the violence of adults. They don’t have a stake in the conflicts fueled by the fear or hatred or ambition of adults. Children don’t take sides in those conflicts. Yet, they’re very much on the receiving end of the fights between adults.”

“Perhaps death like that seems distant and unconnected to us. But we are not innocent when our policies and our weapons are used to inflict violence on the people, the children, of other lands.”

“And closer to home, we are not innocent when we refuse to consider ways to curb the ease with which people can acquire the guns that kill nearly 100 people every day in America.”

“And we are not innocent when we do nothing to stem the growing racism and violence that sometimes lead to death for people of color or differing faith traditions or other nationalities.”

“A rabbi in New York City this past week sent an email to his congregants and I received a copy of it. The rabbi said he views the Central Americans heading toward our southern border to seek asylum as no different from the Jews who sought asylum here in the 1930s when they faced death in an anti-Semitic Germany. We turned them away from our shores then; have we not learned anything in the ensuing years?”

“Every anti-Semitic assault in America is an attack on all of us, and every racist assault is an attack on the values at the heart of our democracy. What makes us to be a good people is shattered by those attacks. All of us are affected by them. We cannot let them go unanswered. We cannot let vitriol carry the day.”

“That’s why so many came together last Sunday afternoon at synagogues across the country, including Temple Israel here in Minneapolis. The 1500 people who gathered there wept together in sorrow for the senseless loss of human life. The service began in silence, and then worked its way through the Hebrew Scriptures: the voice of Job, the lament of the psalmists, the cry of the prophets.”

“It was important for the city’s Jews to gather, and they did, from all three major branches of Judaism. Rabbi Zimmerman noted that the Reform and Orthodox and Conservative movements of American Judaism rarely meet together, but they did last Sunday. They came to lift their collective voices in an outpouring of anguish, and in memory of their common history: it had happened again.”

“It was important that our Jewish neighbors not be alone in their grief. Hundreds of people from other faith communities and people of goodwill came, as did our two U.S. senators, and other elected officials and candidates from both parties. I was grateful to see so many Westminster members there. We came, first of all, to weep with them. It was a memorial service, and it did not paper over the heavy sorrow.”

“But when people of faith gather for a memorial service there is more at work than grief. Healing begins even in the midst of the anguish. We felt and saw that last Sunday at Temple Israel. As we named our sadness and shed our tears and lifted our lament, something else began to emerge.”

“The cathartic moment came when we stood to hear the names read aloud. The 11 Jews killed in Pittsburgh called to us, called to those assembled in that synagogue and in others across the country, summoning us to shared purpose, to renewed commitment to what this country stands for. Their deaths and those of the two Black Americans in Louisville would not be in vain if we could find our way back to the things that bring hope, the things that make us a resilient people, the things that endure. We left that service on Sunday resolved to change our communities and our nation, to work for reconciliation and renewal within the human family. We don’t have to live like this.”

“’The grass withers, the flower fades,’ the prophet Isaiah says, ‘But the word of our God will stand forever.’ (Isaiah 40:8)”

“That word called out to us last Sunday at Temple Israel. It was a defiant word that would not let hope be stifled, would not let us be cut off from the promise of light in the darkness. By the end of the service the entire sanctuary was singing and dancing and holding on to one another. The atmosphere in the room had shifted from despair and defeat to confidence, confidence that there are things that endure, that are stronger than hate, more powerful even than death itself.”

“We saw that same hope two nights ago, many of us. We went back to Temple Israel. It was the first Shabbat service in synagogues across the country since the shooting in Pittsburgh. At Shir Tikvah in south Minneapolis people came from the community and formed a circle of candles around the building as protection to worshippers and to push back the darkness. At the Tree of Life Synagogue in Pittsburgh the building was closed still, but the faithful and their allies gathered anyway, outside to sing and pray and share the light of God, the light that endures.”

“And at Temple Israel on Friday the Twin Cities Justice Choir, including many from Westminster, sang as worshippers entered the building. We sang of resilience and strength, of courage and working for justice, of resistance against division and hatred. As the congregation that had been gathered there listening to us moved into the sanctuary for Shabbat service, we sang “We Shall Overcome,” and they sang it, as well. With people of faith and good will across the land, we sang of things that endure, of hope, of community, of love.”

“At the conclusion of Shabbat services worshippers always recite the Kaddish, the Mourner’s Prayer. We did that at Temple on Friday. It’s the custom before reciting Kaddish to read the names of those in the congregation who have died recently, as well as the names of those who died one year ago. This Shabbat they added 11 more names, those who died in the Tree of Life synagogue in Pittsburgh. “

“The Mourner’s Prayer, the Kaddish, recited in memory of the dead, surprisingly, does not mention death. It speaks, rather, of things that endure. It’s a prayer dedicated to the praise of God, and it concludes with this line: ‘May God who makes peace in the heavens make peace for us and for all Israel.’”

“And with that last line, the worshippers at Temple Israel lifted their hearts in song and rhythmic clapping and warm embraces as they headed out into the night.”

“’’The grass withers, the flower fades; but the word of our God will stand forever.’”

“Our faith as Christians is built upon the claim that God’s love, as we know it in Jesus Christ, endures. The church bears that affirmation in its very life – not only here, but as we go out into the world to be church wherever we find ourselves. God’s love endures.”

“So, at every memorial service, we name the promise again: the light shines in the darkness, and the darkness did not overcome it.”

“On All Saints Sunday as we read the names of those who have died, we say it again: weeping may tarry for the night but joy comes with the morning.”

“And as our nation passes through this time of turmoil and distress we say it again: The people who walked in darkness have seen a great light; those who dwelled in a land of deep darkness on them light has shined..”

“The things that endure, the things that endure, draw us to this table today, to this memorial table, where we eat the bread and drink the cup. In doing so we remember Jesus, hung by injustice and malice on a tree, and left there to die.”

“But we do not linger long in despair at the table. Instead, as we do at every memorial service, we rejoice in the life that conquers death. In the life that overcomes all that would stand in the way of God’s grace and mercy and love.”

“We may have come grimly to worship today, through the rain and the grayness of the world, struggling through the anxious shadows of our time, but we can go forth in joy, because God is Lord – and if God is Lord of heaven and earth, how can we keep from singing? “

“Thanks be to God.”

Reflections

The Isaiah passage emphasizes two contrasting realities.

First,, “all people are grass, their constancy is like the flowers of the field. The grass withers, the flower fades.” Yes, every one of us is mortal. Each one of us will die.[2]

Second, the other reality is “the word of our God will stand forever.” Or, what endures? Our God’s love endures.

Therefore, in times of immense grief, like that over the senseless murders of worshippers at the Pittsburgh synagogue, we are summoned to “shared purpose,” to “renewed commitment to what this country stands for” and to “reconciliation.”

It also should be noted that Cantus, a well-known men’s vocal ensemble with offices and rehearsal space at Westminster, provided beautiful music at this service: “”Salvation Is Created” by Pavel Chesnokov (1877-1944), one of the foremost Russian composers of sacred choral music; “You {Movement 5)” by Libby Larsen, a widely performed composer and a Minneapolis resident; and “A Quiet Moment” by Jennifer Higdon, a prominent, contemporary U.S. composer.

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[1]  One of the names that was read was a friend, Cheri Register, who was a Westminster elder and church archivist and historian as well as an expert in Swedish language and literature, a co-founder of the Women’s Studies Department at the University of Minnesota, teacher of creative writing and a noted nonfiction author.

[2]  See these posts to dwkcommentaries.com: Intimations of Mortality (Mar. 8, 2012); Mortality (April 8, 2014); Contemplations of Life and Death (Dec. 26, 2016).

U.S. Reasserts Upgrade of Cuba in Annual Report on Human Trafficking  

On June 30, 2016, the U.S. Department of State released its 2016 Trafficking in Persons Report, which is “the U.S. Government’s principal diplomatic tool to engage foreign governments on human trafficking” and “ the world’s most comprehensive resource of governmental anti-human trafficking efforts.”[1]

For this Report, “severe forms of trafficking in persons” is defined in the U.S. Trafficking in Persons Victims Act (TVPA) as:

  • “sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or
  • “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.”

In this Report, the Department placed 188 countries (including the United States) into the following four tiers plus “Special Cases” (Libya, Somalia and Yemen) based on the extent of their governments’ efforts to comply with the “minimum standards for the elimination of trafficking” found in Section 108 of the TVPA:

  • TIER 1 [36] “countries whose governments fully meet the . . . [TVPA’s] minimum standards.”
  • TIER 2 [78] “countries whose governments do not fully meet the TVPA’s minimum standards, but are making significant efforts to meet those standards.”
  • TIER 2 WATCH LIST [44] “countries whose governments do not fully meet the TVPA’s minimum standards, but are making significant efforts to meet those standards AND: a) The absolute number of victims of severe forms of trafficking is very significant or is significantly increasing; b) There is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecution, and convictions of trafficking crimes; increased assistance to victims; and decreasing evidence of complicity in severe forms of trafficking by government and convictions of trafficking crimes; or c) The determination that a country is making significant efforts to meet the minimum standards was based on commitments by the country to take additional future steps over the next year.”
  • TIER 3 [27] “countries whose governments do not fully meet the minimum standards and are not making significant efforts to do so.”

Susan Coppedge, the U.S. Ambassador-at-Large to Monitor and Combat Trafficking in Persons, made remarks at the ceremony.[2] She said the Report was the U.S.’ “principal diagnostic tool to assess government efforts across what we call the three Ps: prosecution, protection and empowerment of victims, and preventing future trafficking crimes.” She also said there had been 27 downgrades in this Report compared with the prior report and 20 upgrades. In addition, she responded to journalists’ questions, but none was asked about Cuba.

The Report’s Assessment of Cuba’s Record on Human Trafficking [3]

In the 2016 Report Cuba was again placed in the Tier 2 Watch List with the following explanation.

“Cuba is a source and destination country for adults and children subjected to sex trafficking and forced labor. Child sex trafficking and child sex tourism occur within Cuba. Cuban authorities report people from ages 13 to 20 are most vulnerable to human trafficking in the country. Traffickers also subject Cuban citizens to sex trafficking and forced labor in South America and the Caribbean. The government indirectly acknowledged the presence of foreign national trafficking victims in Cuba. The government is the primary employer in the Cuban economy, including in foreign medical missions that employ more than 84,000 workers and constitute a significant source of Cuban government revenue. Some participants in foreign medical missions and other sources allege Cuban officials force or coerce participation in the program; however, the Cuban government and some participants say the program is voluntary and well paid compared to jobs within Cuba. The government uses some high school students in rural areas to harvest crops and does not pay them for their work but claims this work is not coerced.”

“The Government of Cuba does not fully meet the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Despite these measures, the government did not demonstrate overall increasing antitrafficking efforts compared to the previous reporting period; therefore Cuba is placed on Tier 2 Watch List for the second consecutive year. The government reported continued efforts to address sex trafficking, including the prosecution and conviction of 18 sex traffickers in 2014 (the most recent available data) and the provision of services to 13 victims in those cases. The government publicly released a written report on its anti-trafficking efforts in October 2015. Multiple ministries engaged in anti-trafficking efforts, including the Ministries of Justice, Information Science and Communication, Interior, Foreign Affairs, Education, Tourism, Labor and Social Security, Culture and Health, and the attorney general’s office. The penal code does not criminalize all forms of human trafficking, although the government reported its submission of some trafficking-related penal code amendments to the National Assembly for review during the reporting period. The Cuban government was more transparent in providing details of anti trafficking efforts and the government’s overseas medical missions program. However, the government did not prohibit forced labor, report efforts to prevent forced labor, or recognize forced labor as a possible issue affecting its nationals in medical missions abroad. The government provided funding for child protection centers and guidance centers for women and families, which serve all crime victims, including trafficking victims. These centers had the ability to screen cases, make referrals to law enforcement, assist with arranging cooperation with law enforcement up to prosecution, and provide victim services.”

RECOMMENDATIONS FOR CUBA

“Draft and enact a comprehensive anti-trafficking law that prohibits and sufficiently punishes all forms of human trafficking, including forced labor, sex trafficking of children ages 16 and 17, and the full range of trafficking “acts” (recruiting, transporting, transferring, harboring, or receiving persons); vigorously investigate and prosecute both sex trafficking and forced labor offenses; provide specialized training for managers in state-owned or controlled enterprises in identifying and protecting victims of forced labor; implement policies to prohibit force, fraud, or coercion in recruiting and retaining employees in such enterprises; train those responsible for enforcing the labor code to screen for trafficking indicators and educate workers about trafficking indicators and where to report trafficking-related violations; draft and adopt a comprehensive written national anti-trafficking action plan and dedicate resources to implement it in partnership with international organizations; provide specialized victim identification and referral training for first responders; establish formal policies and procedures to guide officials in the identification of all trafficking victims and their referral to appropriate services; adopt policies that provide trafficking-specific, specialized assistance for male and female trafficking victims, including measures to ensure identified sex and labor trafficking victims are not punished for unlawful acts committed as a direct result of being subjected to sex trafficking or forced labor; and schedule a visit and cooperate with the UN special rapporteur on trafficking in persons.”

PROSECUTION: The government sustained law enforcement efforts by prosecuting and convicting sex traffickers, but took no action to address forced labor. The penal code does not criminalize all forms of trafficking, in particular forced labor and sex trafficking of children ages 16 and 17. The government did not report any labor trafficking investigations, prosecutions, or convictions. In January 2016, the government reported it was in the process of amending the code, including submitting amendments to the National Assembly to raise the age of consent; it is unclear whether the government will make additional amendments to improve the legal framework to address trafficking. Cuba prohibits some forms of trafficking through several penal code provisions, including: article 302 (procuring and trafficking in persons); article 310.1 (corruption of minors younger than 16 for sexual purposes); article 312.1 (corruption of minors younger than 16 for begging); and article 316.1 (sale and trafficking of a child younger than 16). The penal code’s definition of sex trafficking conflates sex trafficking with prostitution and pimping. The law criminalizes inducement to or benefiting from prostitution, but treats force, coercion, and abuse of power or vulnerability as aggravating factors rather than an integral part of the crime. Legal provisions addressing “corruption of minors” criminalize many forms of child sex trafficking but define a child as an individual younger than 16 years of age; below the age set in international trafficking law, which is 18 years of age. Forced prostitution is illegal irrespective of the victim’s age, and the government has reportedly prosecuted individuals benefiting from child sex trafficking. Provisions for adult and child sex trafficking do not explicitly criminalize the acts of recruitment, transport, and receipt of persons for these purposes. In December 2013, the government amended article 346.1 of the criminal code to mandate sentences of five to 12 years’ imprisonment for various crimes, including for laundering funds obtained from trafficking in persons. Labor code article 116 prohibits entities from directly establishing labor relations with adolescents younger than age 17, even if adolescents may be authorized to join the work force.”

“In 2015, the government publicly presented official data on 147 prosecutions and convictions of sex traffickers during calendar year 2014, the most recent data available. Authorities reported 13 prosecutions and 18 convictions of sex traffickers, compared with 13 prosecutions and convictions in 2013. At least nine convictions in 2014 involved suspects accused of subjecting children to trafficking within Cuba, including the facilitation of child sex tourism in Cuba. The average sentence was seven years’ imprisonment. The government also identified a group of Cubans abroad recruiting and transporting women with false promises of employment and fraudulent work contracts in order to subject the victims to debt bondage and forced prostitution. The government has not sought extradition in this case, and therefore no prosecutions or convictions of suspected traffickers in Cuba have resulted. Students at the Ministry of Interior Academy and police assigned to tourist centers reportedly received specific anti-trafficking training and victim assistance. The government demonstrated its willingness to cooperate with other governments on investigations of possible traffickers. The government arranges for high school students in rural areas to harvest crops and allegedly forces or coerces participation in medical missions, but it denies such claims. The government did not report any investigations, prosecutions, or convictions of government officials complicit in human trafficking in 2014.”

PROTECTION: The government sustained efforts to protect sex trafficking victims, but did not make efforts to identify or protect victims of forced labor. Authorities identified 11 child sex trafficking victims and four adult sex trafficking victims in 2014; it did not identify any labor trafficking victims or male sex trafficking victims. Identified sex trafficking victims received government assistance; detailed information on assistance provided to the 15 identified victims was unavailable. Other government-organized NGOs, like the Federation of Cuban Women (FMC), the Prevention and Social Assistance Commission, and the Committees for the Defense of the Revolution contributed by identifying victims of trafficking to state authorities and providing victim services. Independent members of civil society expressed concern about the government’s anti-trafficking efforts and  limited information on the scope of sex trafficking and forced labor in Cuba given sparse independent monitoring by NGOs and international organizations. The government reportedly developed procedures to proactively identify sex trafficking victims, whereby first responders work with social workers to identify potential cases and refer them to law enforcement.”

“The government did not report having procedures to proactively identify victims of forced labor. Some participants in foreign medical missions and other sources allege Cuban officials force or coerce participation in the program; however, the government and other participants have stated the postings are voluntary. In support of their applications to receive immigration benefits from the United States, some Cubans working in missions abroad have stated Cuban authorities withheld their passports and restricted their movements. At the same time, some participants who left medical missions abroad have been able to obtain new passports from their embassies in neighboring countries. There have also been reports that Cuban authorities coerced participants to remain in the program by allegedly threatening to revoke their medical licenses or retaliate against their family members if participants leave the program. Reports of substandard working and living conditions and the presence of “minders” to monitor medical professionals outside of work also continued. Last year, Cuba reinstituted restrictions on travel for specialized doctors and some medical personnel, requiring them to obtain an exit permit from their superiors before leaving the island. On September 9, 2015, the government agreed to reinstitute medical personnel that left their positions while abroad. As of April 1, 2016, the Cuban authorities claimed that 274 medical professionals returned to Cuba and were rehired at the same salary and level of responsibility.”

“The FMC received funding from international organizations and operated centers for women and families nationwide to assist individuals harmed by violence, including victims of sex trafficking. These centers provided services such as psychological treatment, health care, skills training, and assistance in finding employment. The government reportedly developed a referral process to transfer trafficking victims to law enforcement custody, secure evidence for prosecutions, and provide victim services and follow-on care. Neither the government nor the government-organized NGOs operated shelters or provided services specifically for male trafficking victims. Police encouraged child sex trafficking victims younger than age 16 to assist in prosecutions of traffickers by gathering children’s testimony through psychologist-led videotaped interviewing, usually removing the need for children to appear in court. There were no reports of the government punishing sex trafficking victims for unlawful acts committed as a direct result of being subjected to human trafficking. The government indirectly acknowledged the existence of some foreign trafficking victims in Cuba.”

PREVENTION: The government sustained prevention efforts to combat sex trafficking; however, authorities did not make efforts to prevent or address the demand for forced labor. The attorney general’s office continued to operate a 24-hour telephone line for individuals needing legal assistance, including sex trafficking victims, and received calls related to potential trafficking cases in 2015 that led to investigations. State media continued to produce newspaper articles and television and radio programs to raise public awareness about sex trafficking. Authorities maintained an office within the Ministry of Tourism charged with monitoring Cuba’s image as a tourism destination, combating sex tourism, and addressing the demand for commercial sex acts. The Cuban government cooperated with foreign law enforcement in investigating foreign citizens suspected of sexual crimes against children, including child sex trafficking. Under Cuban law, authorities may deny entry to suspected sex tourists and expel known sex offenders, but reported no related convictions in 2014. The government did not report whether it provided anti-trafficking training for its diplomatic personnel. The government publicly released a written report on its anti-trafficking efforts in October 2015. In March 2015, authorities invited the UN special rapporteur on trafficking in persons to visit, but the visit had not been scheduled by the end of the reporting period. The government did not report specialized training for labor inspectors to screen for indicators of potential forced labor.”

Reactions to the Report

Senator Bob Corker (Rep., TN), the Chairman of the Senate Foreign Relations Committee, attended the State Department’s ceremony for launching the Report and afterwards stated, “ the committee will closely study the report to determine the integrity of the findings. . . . In order for the TIP report to be an effective tool for holding governments accountable, all judgments must be based on measurable progress on anti-trafficking efforts. Following what were clear flaws in last year’s TIP process, the committee will carefully examine the 2016 report and conduct public hearings [this July] to determine the integrity of the findings. Senator Ben Cardin, (Dem., MD), the committee’s Ranking Member, also issued a statement approving of the Report’s upgrading Thailand from Tier 3 to Tier 2 Watch List and the downgrading of Uzbekistan from Tier 2 Watch List to Tier 3. He also expressed continuing concern about Malaysia. Neither of them said anything about Cuba.”[4]

Two other members of the Senate Foreign Relations Committee, Senators Robert Menendez (Dem., NJ), and Marco Rubio (Rep., FL), also issued statements. Menendez criticized the rankings for Malaysia, Cuba and unnamed other countries that “do not match the facts on the ground” and stated his expectation that “Congress . . . [will] be aggressive in its oversight and thoroughly investigate the methodology used to justify this year’s rankings.  Further, I am convinced that new legislation to reform the ranking process is the only way to restore credibility to this broken system and I plan on introducing a bill to do just that.” Rubio asserted that last year’s upgrade of Cuba to Tier 2 Watch List, and by implication its maintenance of that position in this Report, “was not justified by the facts on the ground.” He also criticized China’s maintenance on the Tier 2 Watch List and Thailand’s upgrading to that List.[5]

Conclusion

 The comments of Senators Corker, Menendez and Rubio allude to the Senate committee’s criticism of the prior report’s upgrading of Cuba and Malaysia from Tier 3 to Tier 2 Watch List and to the Administration’s alleged political reasons for doing so, all of which was discussed in a prior post.

At the State Department’s recent ceremony to announce the release of the 2016 Report U.S. Secretary of State John Kerry anticipatorily tried to rebut similar criticisms against this Report. He said, “The tier rankings . . . reflect our department’s best assessment of a government’s efforts to eliminate human trafficking. They don’t take into account political and other factors. As I say, they’re based on . . . [established] criteria. And in addition to the rankings, the report outlines our specific concerns as well as the ways we can improve our efforts. This is not meant to be a dunning report; it is meant to be a demarcation, an encouragement process, a process of evaluation and work towards changing rankings.”[6]

We all will have to see what happens at the forthcoming February hearing to assess these criticisms.

In the meantime, we can, in my opinion, effectively rebut this Report’s half-hearted contention that Cuban medical professionals are engaged in forced labor when they work on the government’s foreign medical missions. Here are the bases for that conclusion:

  • First, the Report admits that there is conflicting information and allegations on the foreign medical mission work. Coercion is alleged by “some participants” and unnamed “other sources.” On the other hand, the Report admits, the Cuban government denies these allegations, and instead the Government and “some participants” assert the postings are “voluntary and well paid compared to jobs within Cuba.” The Report also concedes there is conflicting information on whether other means, including withholding Cuban passports, are used to coerce or force participants to remain in the program.
  • Second, there apparently has not been any fair adjudicative process to determine which of these conflicting sets of information is valid.
  • Third, the accusation of forced labor for such participants has been rejected in a study by Indiana State University’s Emeritus Professor of International Politics and Latin America, Dr. H. Michael Erisman. He says, although there may be “some cases where . . . [Cuban medical professionals] are pressured into accepting overseas assignments, . . . most evidence indicates that the overwhelming majority are motivated by philosophical and/or pragmatic considerations. In the first instance, one needs to understand that the Cuban medical profession . . . is permeated by norms which stress self-sacrifice and service to the community, both at home and abroad. At the core of this ethos is the principle, which is firmly entrenched in the curriculum of the island’s medical schools and reinforced throughout one’s career, that health care should not be seen as a business driven by a profit motive, but rather as a human right that medical personnel have an unconditional duty to protect. Such convictions often underlie participation in the medical aid brigades. There are, however, also some pragmatic factors that can come into play. Overseas service could . . . help to further one’s professional aspirations and for some assignments the total remuneration involved is more generous than what is available back in Cuba. . . . [T]hese are the considerations which apply to the vast majority of people” in such programs, not involuntary servitude.[7]
  • Fourth, According to Granma, Cuba’s Communist Party’s newspaper, “Internationalist medical aid has been a longstanding part of the Cuban people’s tradition of solidarity, since the beginning of the Revolution. As early as 1960 a brigade was sent to Chile following an earthquake there, and to Algeria in 1963, to support the new country recently liberated from colonialism.” The Granma article included the reflection of four Cuban doctors who have participated in such missions and who treasure the positive impact of those experiences on their professional and personal lives.[8]
  • Fifth, this Report does not cite to the relevant legal definition of “forced labor” to assess this claim. Most pertinent is Article 2(2) of the Forced Labour Convention, 1930, which states, in part, ”the term forced or compulsory labour shall not include . . .  any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country.” (Emphasis added.)[9]

Moreover, as a previous post noted, a respected international journalist, Alma Guillermoprieto, recently reported that Cuban medical doctors serving on the island now earn $67 per month, but $500 per month when serving on a foreign medical mission.

The $67 monthly salary for Cuban physicians in Cuba compared with the $24 or $27 monthly income of other Cubans is a result of Cuba’s adoption of a “pyramid” compensation system whereby highly trained workers like physicians earn more than lower-skilled workers like busboys. This system, however, is being undermined by lower-skilled workers like gas-station attendants and waiters earning additional income from stealing and illegally selling gasoline and from earning tips in hard currency at restaurants and hotels serving foreign tourists. Indeed, Raúl Castro in his speech at the April 2016 Congress of the Communist Party of Cuba called this the “inverted pyramid” problem that had to be solved.

Finally all of this discussion about Cuba’s foreign medical mission program is precipitated by the U.S. Cuban Medical Personnel Parole Program that allows such personnel to apply for parole into the U.S. For reasons previously provided, this program is unjustified and should be ended as soon as possible.[10]

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[1] U.S. State Dep’t, Trafficking in Persons Report 2016 (June 30, 2016).

[2] U. S. State Dep’t, Ambassador-at-Large to Monitor and Combat Trafficking in Persons Susan Coppedge on the 2016 Trafficking in Persons Report (June 30, 2016).

[3] U.S. State Dep’t, Trafficking in Persons Report 2016 : Country Narratives–Cuba, at 146-47 (June 30, 2016).

[4] Senator Corker, Corker: U.S. Must Lead Global Effort to End Human Trafficking and Modern Slavery (June 30, 2016). Senator Cardin, Cardin Statement on State Dept. Trafficking in Persons Report (June 30, 2016).

[5] Senator Menendez, Menendez Reacts to State Department 2016 Trafficking in Persons Report (June 30, 2016); Senator Rubio, Rubio Comments On State Department’s 2016 Trafficking in Persons Report (June 30, 2016).

[6] U.S. State Dep’t, [Secretary Kerry’s] Remarks at the 2016 Trafficking in Persons Report Ceremony (June 30, 2016).

[7] Erisman, Brain Drain Politics: the Cuban Medical Professional Parole Programme, Int’l J. Cuban Studies 269, 286-87 (2012).

[8] Ledn, Cuban doctors share their experiences in internationalist missions, Granma (Nov. 26, 2015).

[9] This and other parts of the definition of “forced or compulsory labour” were reaffirmed in Article 1(3) of the Protocol of 2014 to the Forced Labour Convention, 1930.

[10] New York Times Calls for End of U.S. Program for Special Immigration Relief for Cuban Medical Personnel, dwkcommentaries.com (Nov. 23, 2014); New York Times Calls for End to Special U.S. Immigration Programs for Cubans, dwkcommentaries.com (Dec. 21, 2015).

 

 

U.S. Report on International Terrorism for 2012

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

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

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

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

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

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

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

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

Is the International Criminal Court Flawed?

A July 8th New York Times headline proclaims, “Arab Uprisings Point Up Flaw in Global Court.” It erroneously suggests that the people operating the International Criminal Court are stupid or cowardly or that the diplomats who in 1998 drafted the ICC’s governing treaty, the ICC’s Rome Statute, were similarly stupid or cowardly.

The article starts with the facts that the ICC has not initiated an investigation of human rights abuses in Yemen and Syria. That is lamentable, but it is not due to a flaw in the operations of the ICC or the Rome Statute.

It is due instead to the limitations on the Court’s jurisdiction that were intentionally established in the drafting of the Rome Statute because of opposition of states like the U.S. that did not want the Court commencing investigations or criminal prosecutions against their citizens if the state did not ratify that Statute.

That Statute’s Article 12 provides, in part, that the Court has jurisdiction if certain crimes (genocide, crimes against humanity or war crimes) are committed on the territory of a state that is a party to the Rome Statute or by nationals of such a state. Neither Yemen nor Syria is such a party, as is true for all other states in the Mideast except Jordan. Thus, the Court does not have jurisdiction of such an investigation or prosecution under Article 12.

The Rome Statute’s Article 13(b) also provides jurisdiction for the Court if the U.N. Security Council, acting under Chapter VII of the U.N. Charter (Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression), refers a situation of suspected crimes of that nature to the ICC even if the state where the conduct occurred or whose nationals are involved had not ratified the Rome Statute. In fact, as the New York Times article points out, the Security Council has twice done so: Sudan (Darfur) and Libya.

However, as most people know, the U.N. Charter that was drafted in 1945 at the end of World War II grants in Article 27(3)  a veto on any action by the Council to each of its five permanent members: the U.S., the United Kingdom, France, the Union of Soviet Socialist Republics [now Russia] and the Republic of China. The failure of the ICC to undertake any investigation of the Yemen situation is due to a threatened veto by the U.S. of such a referral.

With respect to Syria, the U.S. in June 2011 reportedly was seeking Russian and Chinese support for a Council referral of the situation to the Court, but that was obviously unsuccessful because no such proposal was actually advanced in the Council. In November 2011 four U.S. Senators (Dick Durbin, Benjamin Cardin, Robert Menendez and Barbara Boxer) sent a letter to the U.S. Ambassador to the U.N. (Susan Rice) asking for such a Security Council referral. They said, “The people of Syria deserve to know that the people of the United States understand their plight, stand behind them, and will work to bring justice to the country.” Security Council referral of Syria to the ICC also has been endorsed by the New York Times.

The next month (December 2011) the U.N. High Commissioner for Human Rights urged the Security Council to make such a referral. But nothing happened, again because of threatened vetoes by Russia and China.

If there is any “flaw” in this structure with respect to Yemen and Syria it is the veto right of the five permanent members of the Security Council. Although many, if not most, of the U.N. members that are not permanent Council members dislike the superior status and veto rights of the permanent Council members and voice various suggestions for reform of the Security Council, expert observers of the U.N. do not think that is at all likely in the near future.

In the meantime, 121 of the 192 U.N. members are now parties to the Rome Statute, and the Court’s governing body (its Assembly of States Parties) is working towards its goal of universal ratification of the Rome Statute. If and when that happened, the Court could initiate investigations and prosecutions with respect to all such parties without Security Council action.

Over the last 60-plus years the peoples of the world through their nation-state governments have been struggling to climb out of the pits of depravity of World War II by creating or codifying international norms or human rights and by constructing mechanisms to protect individuals that are beyond the control of their own national governments while such governments still have sovereignty over most aspects of their lives. The creation and operation of the International Criminal Court and other so-called ad hoc international criminal tribunals are important pieces of this effort. This is an inherently difficult process, and many compromises are necessary in order to make any progress. But the story is not finished. Further development, I am confident, will occur.