Showing posts with label Manfred Nowak. Show all posts
Showing posts with label Manfred Nowak. Show all posts

Friday, April 7, 2017

Special rapporteurs, human trafficking in Cuba and fake news

How the Associated Press outdid the Obama State Department in downplaying Cuba's human trafficking problem.



Maria Grazia Giammarinaro, the UN Special Rapporteur on trafficking in persons, especially in women and children is reported to be arriving in Cuba on April 10th to examine the "challenges Cuba faces in addressing trafficking for sexual and labour exploitation, as well as any other forms of trafficking." The last time that the Castro regime announced that it was going to permit a visit by the UN expert on torture was in 2009 and it got a lot of positive publicity but never followed through. However no one is reporting on this episode now, but harking back to a 2007 visit by Jean Ziegler, who was the the UN Special Rapporteur on the right to food but what goes unmentioned is that Mr. Ziegler has a pattern of pandering to tyrants. He was one of the founders of the Al-Gaddafi International Prize for Human Rights that in 1998 was awarded to Fidel Castro. UN Watch, the Geneva based UN watchdog summarized Jean Ziegler's support for serial human rights violators:
In 1986, Mr. Ziegler served as advisor to Ethiopian dictator Colonel Mengistu on a constitution instituting one-party rule.  In 2002 he praised the Zimbabwean dictator, saying,  “Mugabe has history and morality with him.”  According to Le Monde, he paid visits to Saddam Hussein in Iraq, and Kim Il-Sung in North Korea.  Mr. Ziegler is also a long-time supporter of Cuban dictator Fidel Castro, whose regime Mr. Ziegler hailed during an official visit in October [2007], while he refused to meet Cuban dissidents. Also this year, during an interview in Lebanon, Mr. Ziegler said, “I refuse to describe Hezbollah as a terrorist organization.

This is not the profile of a fair minded human rights expert. Let us hope that Ms. Giammarinaro does a better job in Cuba and at least meets with dissidents to get another view beyond the official line by the dictatorship. Something the last "independent expert" Mr. Ziegler refused to do.

Human trafficking in Cuba is an ongoing problem that the Obama State Department sought to downplay in its 2015 Trafficking in Persons (TIP) report  reclassifying the island from Tier 3 to Tier 2 watch list and human rights experts at the State Department denounced its politicization at the time observing that there had been no improvement to justify the move. Nevertheless the Associated Press has once again gone a step further in fake news on Cuba by reporting that the United States "removed Cuba from a blacklist of countries that have failed to combat modern-day slavery after both countries formally restored diplomatic relations in July 2015." This is not true and Cuba remains on the blacklist on Tier 2.

The Obama State Department's last TIP report (2016) despite trying to minimize the Cuban governments involvement in human trafficking affirmed that "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." Furthermore reported on how the Castro regime "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."

Not mentioned in either the 2015 or 2016 TIP reports are the killings of fleeing refugees in December of 2014 and April of 2015. On December 16, 2014 the Cuban coastguard ram and sank a boat with 32 refugees, one of them, Diosbel Díaz Bioto, was killed. Yuriniesky Martínez Reina (age 28) was shot in the back and killed by state security chief Miguel Angel Río Seco Rodríguez in the Martí municipality of Matanzas, Cuba on April 9, 2015 for peacefully trying to leave Cuba. A group of young men were building a boat near Menéndez beach to flee the island, when they were spotted trying to leave and were shot at.

The 2016 report downplays the claims made by Cuban doctors that "Cuban officials force or coerce participation in the program" by giving credence to the Cuban government's claim that "the program is voluntary and well paid compared to jobs within Cuba."

Cuban doctors in Cuba make approximately $25 dollars a month in salary. In 2008 The Miami Herald reported that "more than 31,000 Cuban health workers -- most of them doctors -- who toil in 71 countries brought in $2.3 billion last year, ..., more than any other industry, including tourism. Most of them are paid $150 to $375 a month, a small percentage of the cash or trade benefits the Cuban government pockets in exchange for their work." 

 The Castro regime has exploited other Cubans in overseas work. The 2006 case of Cuban workers forced to work 112 hours a week for 3 cents an hour in Curaçao made the news. The workers had been unpaid; instead their compensation was deducted from Cuba’s debt to the Curaçao Drydock Company. Three workers sued the company accusing  "Curaçao Drydock Company of subjecting them to forced labour in a lawsuit in US federal court under the Alien Tort Claims Act and other laws.  They alleged that the company conspired with the Cuban Government to traffic them and other workers to Curaçao to work for Curaçao Drydock Company as part of a forced labour programme."

I look forward to reading Ms. Giammarinaro's report with great interest, but won't be following it in the Associated Press because too often to keep their bureau open in Cuba they get the news wrong. Reuters, The Miami Herald, and others although not perfect do a better job. Nevertheless they all failed to mention the last special rapporteur's support for dictators, the failure to follow through on the 2009 invite of the UN special rapporteur on torture and Cuba's terrible record on human trafficking. Nevertheless the Associated Press remained the worse of the worse in their reporting.


Saturday, June 12, 2010

Prisoner of Conscience Ariel Sigler Amaya: Before & After Cuban Prison

Body decimated, but spirit remains strong

"The story does not end here. We are going to press on in the struggle, until the last political prisoner has been freed, until we achieve freedom and democracy for the Cuban people."
- Ariel Sigler Amaya in interview with Agence France-Presse (AFP) shortly after arriving home


Ariel Sigler Amaya, an Amnesty International prisoner of conscience*, entered prison unjustly in 2003 a healthy athletic man and exited a Cuban prison today an emaciated paraplegic. His brother Guido Sigler Amaya, another prisoner of conscience, continues in prison serving an unjust 20-year prison sentence. Photographs taken today by Associated Press and Reuters as he arrived home are shocking:


Emaciated, in a wheelchair, and his legs (in the photograph below) nothing but skin and bones.


In the midst of a global conversation on Cuba and torture sparked by the withdrawal of an invitation to the UN expert on torture Manfred Nowak and his public comments along with UN Cuba Mission's coarse reply it is important to remember some concrete facts among the diplomatic theatrics and political spin:

1. There are hundreds of known political prisoners in Cuba and with laws such as "dangerousness" that locks people up because of their social class the number could be in the thousands.

2. They are enduring inhumane conditions and practices that amount to torture. As the pictures above attest.

3. Some prisoners have died as a result, others have been left crippled, their health compromised with illnesses acquired in prison, and others have died on hunger strike to protest conditions.


A prisoner of conscience is anyone imprisoned for the non-violent exercise of their beliefs. Independent journalists, human rights activists, and Project Varela petitioners currently imprisoned in Cuba are prisoners of conscience. According to Amnesty International, the human rights organization founded in 1961 a "prisoner of conscience" is someone imprisoned solely for the peaceful expression of their beliefs. The term was coined by Amnesty International’s founder, civil rights lawyer Peter Benenson. For example in South Africa, Steve Biko was identified by Amnesty International as a prisoner of conscience whereas Nelson Mandela was not. Amnesty has identified Cuban prisoners of conscience and repeatedly called for their release. Two historic examples pre-dating Amnesty International would be Mohandes Gandhi and Martin Luther King Jr. Today, Cuba's Dr. Oscar Elias Biscet and Burma's Aung San Suu Kyi are two examples of prisoners of conscience.

Wednesday, June 9, 2010

Cuban regime blocks UN Special Rapporteur on Torture from visiting Cuba

What does the regime fear?



“I regret that in spite of its clear invitation, the Government of Cuba has not allowed me to objectively assess the situation of torture and ill-treatment in the country by collecting first-hand evidence from all available sources.” - Manfred Nowak, UN Special Rapporteur on torture, June 9, 2010


"I am very concerned about the undermining of the absolute prohibition of torture by interrogation methods themselves in Abu Grahib, in Guantanamo Bay and others, but also by rendition and the whole CIA secret places of detention. All that is really undermining the international rule of law in general and human rights but also the prohibition of torture," - Manfred Nowak, October 31, 2007



An invitation was officially and publicly extended to Mr. Nowak by the Cuban government by the Cuban Foreign Minister on January 28, 2009 and in February of 2009, as Cuba underwent its Universal Periodic Review the Cuban justice minister, Maria Esther Reus, who presented the regime's country report stated that: "The promotion and protection of human rights are guaranteed" and in press accounts reconfirmed that Havana had promised to allow a visit by the United Nations' independent expert on torture, Manfred Nowak.


According to the Office of the High Commissioner for Human Rights Manfred Nowak was appointed Special Rapporteur on Torture on December 1, 2004 by the former UN Commission on Human Rights. He is independent from any government and serves in his individual capacity. Mr. Nowak is currently Professor of Constitutional Law and International Human Rights at the University of Vienna (Austria), and Director of the Ludwig Boltzmann Institute of Human Rights.


The Cuban regime made a number of commitments to have a seat on the United Nations Human Rights Council and one of them was to accept the various instruments of the Council which includes the special rapporteurs and the universal periodic review. This visit was to be the first mission to Cuba by an independent expert mandated by the UN Human Rights Council to monitor specifically torture and other cruel, inhuman or degrading treatment or punishment. Unlike Cuba there are 68 countries with open invitations to all special rapporteurs.


What happened?


One thing that might have changed the regime's calculus on the visit was a January 2009 statement by Manfred Nowak in which he called for both President George W. Bush and Donald Rumsfeld to be prosecuted for permitting torture adding that: "Judicially speaking, the United States has a clear obligation." There would be no chance of calling this expert on torture a lapdog of the United States government.


Victims of torture in Cuba now living abroad can offer living testimony and evidence of torture inside the island. The videos below are small sampling of testimony available:


Former Amnesty International prisoner of conscience Omar Pernet Hernandez describes how Cuban doctors, following a car accident while being transferred by state security agents to another prison, provided a "treatment" that was slowly crippling him. An English transcription is available:



José Gabriel Ramón Castillo below describes his experience in prison and that what he suffered was not exceptional but what other political prisoners are suffering. "I was tortured in prison. I arrived in prison healthy without any illness. I left the prison with diabetes, hepatitis, and a general dermatitis because they obligated to sleep on a mattress made up of live sponges, and I suspect that I was inoculated with the hepatitis-b virus while in the prison."




They feared an independent expert on torture with full access to all the prisons in Cuba interviewing prisoners living in the above described conditions. The International Committee of the Red Cross visited Cuba twice during 51 years of the Castro brothers dictatorship. The first visit began on May 12, 1959 and ended in July of 1959 there would only be one more visit and that would be 30 years later in 1989. Amnesty International in their 2010 Country report on Cuba announces that they have not been allowed to even visit Cuba, much less the prisons since 1990. In 2009 Human Rights Watch revealed that after requesting: "permission to visit Cuba, in hopes that the government would break with its practice of denying international human rights delegations access to the island. Unfortunately, Cuban officials never responded to any of these requests" they went without government permission on a fact finding mission in June - July 2009. There report New Castro, Same Cuba is available online.


Officials of the Cuban regime feared that Fidel Castro, Raul Castro, Ramiro Valdez and everyone in the chain of command responsible for the torture of Cuban prisoners throughout the island were going to be named by Manfred Nowak, along with calls for their prosecution in Cuban national courts, and failing that before international courts. Regime diplomats claim not to be afraid, but the proof is in the pudding so to speak. Cuba signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on January 27, 1986 and ratified it on May 17, 1995.


With Professor Manfred Nowak they had reason to fear such an outcome and now they'll try to game the system as his mandate ends on October 30, 2010. Furthermore repressive government's like Cuba are trying to gut and politicize the special rapporteur mechanism and have had some success in the new Human Rights Council.