Thursday, September 7, 2017

Human Rights Crises and turning points: Valladolid, Spain (1550), Paris, France (1948), and ???? (2018)

“All have understanding and will and free choice, as all are made in the image and likeness of God . . . Thus the entire human race is one.” - Bishop Bartolomé De Las Casas (1550)
Jacques Maritain

We are in the midst of an international human rights crisis. Will we rise to the occasion once again?

Human Rights are in crisis around the world and have been for some time. At such a moment it is important to return to and reflect on first principles.  The idea that human rights predate the rules set out by governments, some important thinkers argue, is based on natural law.  In 1951 the Christian Democrat philosopher Jacques Maritain published Man and the State and on pages 84-85 of his book explored the historic and rational foundation of human rights in the natural law that remains relevant today:
Shall we try to establish our faith in human rights on the basis of a true philosophy?  This true philosophy of the rights of the human person is based upon the true idea of natural law, as looked upon in an ontological perspective and as conveying through the essential structures and requirements of created nature the wisdom of the Author of Being.

The genuine idea of natural law is a heritage of Greek and Christian thought. It goes back not only to Grotius, who indeed began deforming it, but, before him to Suarez and Francisco de Vitoria; further back to St. Thomas Aquinas (he alone grasped the matter in a wholly consistent doctrine, which unfortunately was expressed in an insufficiently clarified vocabulary, so that its deepest features were soon overlooked and disregarded); and still further back to St. Augustine and the Church Fathers and St. Paul (we remember St. Paul's saying: "When the Gentiles who have not the Law, do by nature the things contained in the Law, these, having not the Law, are a law unto themselves ...") and even further back to  Cicero, to the Stoics, to the great moralists of antiquity and its great poets, particularly Sophocles.  Antigone, who was aware that in transgressing the human law and being crushed by it she was obeying a better commandment, the unwritten and unchangeable laws, is the eternal heroine of natural law: for, as she puts it, they were not, those unwritten laws, born out of today's or yesterday's sweet will, "but they live always and forever, and no man knows from where they have arisen."

Jacques Maritain played an important role in the drafting of the Universal Declaration of Human Rights in 1948 and  in the above mentioned book described how individuals of radically different and traditions were able to come to a consensus on a fairly detailed document.
"How  is  an  agreement  conceivable  among  men  assembled  for  the  purpose  of  jointly  accomplishing  a  task  dealing  with  the  future  of  the  mind,  who  come  from  the  four  corners  of  the  earth  and  who  belong  not  only  to  different  cultures  and  civilizations,  but  to  different  spiritual  families  and  antagonistic  schools  of  thought?  Since  the  aim  of  UNESCO  [United  Nations  Educational,  Scientific  and  Cultural  Organization]  is  a  practical  aim,  agreement  among  its  members  can  be  spontaneously  achieved,  not  on  common  speculative  notions,  but  on  common  practical  notions,  not  on  the  affirmation  of  the  same conception  of  the  world,  man,  and  knowledge,  but  on  the  affirmation  of  the  same  set  of  convictions  concerning  action.  This  is  doubtless  very  little,  it  is  the  last  refuge  of  intellectual  agreement  among  men.  It  is,  however,  enough  to  undertake  a great  work;  and  it would  mean  a  great  deal  to  become  aware  of  this  body  of  common  practical  convictions."
Timing is also key and in the aftermath of World War II where the crimes of the Nazi Holocaust were exposed to the world, and the failure of the nation state not only to protect the lives of its citizens but to systematically slaughter them created a shock to the conscience of the international community that made the drafting of such a document possible. The Universal Declaration of Human Rights was ratified in Paris, France on December 10, 1948. It had happened before.

Bartolomé de Las Casas
Four centuries earlier in the midst of a clash of civilizations beginning with the arrival of Christopher Columbus in the Americas in 1492 and the Spanish conquest of the Aztec empire in 1519 and the Inca empire in 1532.  Native Americans were enslaved and mistreated by the Spanish conquerors, but this led to the Dominican friar Bartolomé de Las Casas publishing "The Devastation of the Indies" outlining Spanish cruelty against the indigenous peoples of the Americas.

Artistic rendering of Columbus's expedition to the Americas
On July 3, 1549 the Council of the Indies declared to the King of Spain that the harm to the Indians and to the King’s moral standing by the ongoing conquest required an examination of what was taking place. The Council declared:
The greed of those who undertake conquests and the timidity and humility of the Indians is such that we are not certain whether any instruction will be obeyed. It would be fitting for Your Majesty to order a meeting of learned men, theologians, and jurists … to … consider the manner in which these conquests should be carried on … justly and with security of conscience.
In April of 1550 the King, Charles I of Spain and Charles V of the Holy Roman Empire, ordered that all New World conquests be suspended until a special group of theologians and counselors would decide upon a just method of conducting them. This led to a debate regarding the treatment of Native Americans by the Spanish conquistadors that took place in the Spanish city of Valladolid between the lay scholar Juan Ginés de Sepúlveda and now Bishop de Las Casas that same year. It was the first time that the morality of conquest was formally debated and a universal conception of human rights discussed that challenges assumptions today.

"The Devastation of the Indies" Bartolomé de Las Casas
 In 1550 and 1948 two international human rights crises led to two debates and reflections that first during the Spanish conquest of the Americas generated the idea of universal human rights and following the carnage of WWII and the Nazi Holocaust led the international community to agree on a Universal Declaration of Human Rights.

School of Salamanca
Today in 2017, human rights have been in decline worldwide for more than a decade and all signs point to continued deterioration. Will this lead to another round of debate and reflection that will turn the tide in 2018?

Auschwitz
Will a world leader stop a foreign action in order to examine the moral implications as King Charles V did in Spain in 1550? Will the international community come together as they did in Paris in the aftermath of World War II and the Holocaust in 1948 and forge a new commitment to human rights? 

Questions one ponders on the eve of the possible arrival of  Hurricane Irma.

IACHR's Office of the Special Rapporteur for Freedom of Expression condemns closure of more than 50 media outlets in Venezuela

The slow death of freedom of expression in Venezuela nears the end point.

 

 

The Office of the Special Rapporteur condemns the closure of more than 50 media outlets in Venezuela without legal guarantees and for reasons related to their editorial line

 

September 6, 2017

Washington, DC- The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) condemns the closure of more than 50 media outlets in Venezuela under procedures that depart from the principles that guarantee freedom of expression, and urges the State to urgently adopt the necessary measures to ensure that the media outlets -both domestic and foreign- can operate in the country with legal guarantees and without any distinction based on their editorial line.

According to information received by the Office of the Special Rapporteur, on August 24, subscription television providers in Venezuela withdrew from the programming grid the Colombian channels Caracol TV and RCN, on orders from the National Telecommunications Commission (Conatel). William Castillo, vice minister for International Communication of the Ministry of Popular Power for Foreign Affairs, stated in an interview with an official outlet "RCN and Canal Caracol are instruments of a media war who have behaved, in Venezuela, as a machinery of aggression against Venezuelanity and legitimate authorities." The minister accused Caracol TV of committing "a series of very serious crimes, offenses against Venezuela, its authorities, and our laws." A similar criterion would have been used previously to order the suppression of CNN and NTN 24 signals.

The Office of the Special Rapporteur also received information that in the evening hours of Friday August 25, Conatel representatives entered the radio stations 92.9 FM and Mágica 99.1 FM in the city of Caracas and ordered the definitive termination of their transmissions. It was reported that minutes after both media went off air their frequencies were taken by two new stations linked to the official party. The signal of the Caracas radio station 92.9 FM, which had a large audience news programming, was replaced that night by Radio Corazón Llanero, operated by a foundation under the control of an army Captain, ​​the aide-de-camp of former Venezuelan President Hugo Chávez, and current member of the National Constituent Assembly. The signal of the Mágica 99.1 FM station was replaced by the station Vinotinto FM, whose owner is until now unknown. On September 5, Conatel reportedly ordered the radio station 88.1 FM, operated by the emblematic educational radio network Fe y Alegria in Maracaibo, to cease its operations. Hours later the decision was revoked without any explanation.

On July 16, ULA TV, the television channel of the Universidad de los Andes in Mérida, had also been closed by Conatel, invoking a lack of documents.

According to the information provided by several organizations, during 2017 at least 49 national radios have been shut down and 5 international television channels have reportedly been withdrawn from national subscription television, by government orders. As the Office of the Special Rapporteur has expressed in previous statements, most of the media operates in Venezuela with their licenses expired and the regulatory body does not have procedures with guarantees for the adjudication and / or renewal of these frequencies.

The Office of the Special Rapporteur reminds the Venezuelan State that any restriction on the right to freedom of expression must be based on a law and be proportionate and strictly necessary to protect legitimate ends in a democratic society. The closure of media outlets as punishment for maintaining a critical editorial line of a government arbitrarily suppresses the right that assists all Venezuelans to express themselves without fear of reprisals and receive plural and diverse information, and it is also a form of indirect censorship under international law.

Although the State has the power of administering the radio spectrum, this must be done in accordance with the basic principles of international human rights law that prohibit the restriction of the right to freedom of expression through abuse of the power to regulate and manage the radio frequencies.

According to these principles, the processes of adjudication, revocation, and renewal of licenses must be strictly regulated by a law and be guided by objective, clear, impartial, public, and compatible criteria with a democratic society; the process must be transparent; the decision granting or denying the request must be duly substantiated; and be subject to proper judicial control. The administration of the radio spectrum must also be guided by the principles of equality and non-discrimination, and should never be used to pressure, reward, or punish a media outlet according to its editorial line or its position concerning the government in charge.

Venezuela had already been condemned by the Inter-American Court of Human Rights in June 2015 for breaching these principles when it decided not to renew the concession of the RCTV television channel on May 27, 2007. In the Inter-American Court opinion’s, RCTV's closure involved "a misuse of power, since a State faculty was used with the objective of editorially aligning the media outlet with the government."

The Court also pointed out that the misuse of power in that case "had an impact on the exercise of freedom of expression, not only in the workers and managers of RCTV, but also in the social dimension of that right." In effect, the Court stated "the real purpose was to silence critical voices against the government, which together with pluralism, tolerance, and the spirit of openness, constitute the demand of a democratic debate which, rightly, freedom of expression seeks to protect."

The Office of the Special Rapporteur urgently calls for the reestablishment of the radio stations and television stations that have been shut down, as well as the restoration of all the necessary guarantees for the full exercise of the right to freedom of expression in Venezuela.

 


Contact details:
Office of the Special Rapporteur for Freedom of Expression
Tel. (+1) 202 370 0816
cidhexpresion@oas.org
 


Our mailing address is:
CIDH / IACHR
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Monday, September 4, 2017

Moral Corruption of the United Nations: Normalizing Venezuela's Nicolas Maduro

"...[T]here arises a question as to whether those large, serious compromises do not have their origin and roots in precisely these tiny and very often more or less logical compromises." - Vaclav Havel, October 12, 2009, Forum 2000 conference

Time to send a message to the United Nations and Nicolas Maduro
Reuters reported on September 4, 2017 that "President Nicolas Maduro, accused of trampling on human rights and democracy in Venezuela, is expected to address the opening day of a three-week U.N. Human Rights Council session on Sept. 11." The non-governmental organization "UN Watch expressed 'shock' that the U.N. Human Rights Council is allowing Venezuelan president Nicolas Maduro to open its session on Monday, September 11, 2017" and is circulating a petition urging the United Nations to suspend the Maduro regime's membership on the UN Human Rights Council. 

Human Rights defenders need to stand up and demand that the U.N. Human Rights Council regains its moral legitimacy by refusing to normalize Nicolas Maduro who is now engaged in destroying democracy in Venezuela, murdering young Venezuelan democrats, and systematically denying human rights in the South American country.

Three times in 2016 the United Nations engaged in acts of moral corruption when the international body first on December 1, 2016 at the United Nations General Assembly held a moment of silence for Fidel Castro in New York City. Five days later on December 6, 2016 at the United Nations Human Rights Council in Geneva Switzerland another moment of silence was held for Fidel Castro ignoring the dictator's terrible human rights record. Two weeks later on December 20, 2016 the General Assembly of the United Nations once again paid tribute to the dead Cuban tyrant. Paying homage to a murderous dictator multiple times demonstrates the moral crisis engulfing the United Nations. 

We must rescue the UN Human Rights Council from the moral corruption it has descended into while at the same time restoring the importance of the Universal Declaration of Human Rights as an instrument to benefit victims of repression and place human rights violators on notice.

Inviting Nicolas Maduro to open the session of the UN Human Rights Council as Venezuela burns must be denounced and rejected by all people of good will. Please sign the petition being circulated by UN Watch to suspend Venezuela's membership on the UN Human Rights Council.




Friday, September 1, 2017

Dear President Trump: An open letter on Cuba policy in light of recent attacks on U.S. diplomats

Americans are being harmed in Cuba. Time to completely dismantle your predecessors failed policy.

President Trump at the Manuel Artime Theater with Cuban Americans in June 2017
Dear Mr. President, 

The Cuba policy set by your predecessor publicly and clearly on December 17, 2014 has not only not improved relations between the United States and Cuba but endangered the lives of American diplomats. This should not come as a surprise and in fact many, including myself, predicted that the actions taken: freeing a spy who had murdered Americans, removing Cuba from the list of state sponsors of terrorism without cause, and watering down a State Department report on human trafficking to improve Cuba's  international standing would only encourage the worse actors and so it has.

American diplomats are being physically harmed in Cuba and according to press accounts the number today stands at 19. Back on June 16, 2017 when you addressed Cuba policy and released the "National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba" that begins by defining what will guide this new policy:
My Administration's policy will be guided by the national security and foreign policy interests of the United States, as well as solidarity with the Cuban people.  I will seek to promote a stable, prosperous, and free country for the Cuban people.  To that end, we must channel funds toward the Cuban people and away from a regime that has failed to meet the most basic requirements of a free and just society.
Mr President you identified the Castro regime for what it is and denounced it for its past crimes in dramatic contrast with your predecessor:
"To the Cuban government, I say:  Put an end to the abuse of dissidents.  Release the political prisoners.  Stop jailing innocent people.  Open yourselves to political and economic freedoms.  Return the fugitives from American justice -- including the return of the cop-killer Joanne Chesimard. And finally, hand over the Cuban military criminals who shot down and killed four brave members of Brothers to the Rescue who were in unarmed, small, slow civilian planes.  (Applause.) Those victims included Mario de la Pena, Jr., and Carlos Costa."
Mr. President the Castro regime is a state sponsor of terrorism that has not reformed its ways and you highlighted some of the Cuban dictatorship's bad acts in that same June speech:
The Castro regime has shipped arms to North Korea and fueled chaos in Venezuela.  While imprisoning innocents, it has harbored cop killers, hijackers, and terrorists.  It has supported human trafficking, forced labor, and exploitation all around the globe.  This is the simple truth of the Castro regime. (Applause.) My administration will not hide from it, excuse it, or glamorize it.  And we will never, ever be blind to it.  We know what's going on and we remember what happened.  (Applause.)
These words are important but now that American lives are being harmed it is time to take some specific actions to dismantle your predecessor's policy that is still in place. On January 4, 2017 four former U.S. ambassadors made a number of specific requests that I hope will be implemented in light of recent events:
1. Your predecessors "ill-conceived and unlawful executive orders lifting restrictions on doing business with the Castro regime should be included among the other measures that your administration plans to rescind." ... "American policy toward Cuba and elsewhere should be consistent with U.S. law."

2. "The terms of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 should be enforced, starting immediately. Tourism, purchases of Cuban goods, and partnering with government entities should be prohibited, in accordance with current U.S. law."

3. The prior administration "sought to appease the Cuban regime by removing Cuba from the list of state sponsors of terrorism and for the most part ceasing any contacts with the democratic opposition. The U.S. ambassador to the United Nations apologized to the world body for our country’s supposed use of democracy promotion and human rights in the past as a 'pretext' to meddle in the affairs of other countries." The Cuban dictatorship should be placed back on the list of terror sponsors.

4.  "The regime should no longer be allowed to select, and act as paymaster for, the embassy’s local hires. This allows the regime to siphon off a major part of the employees’ wages, and has serious security implications as well.The U.S. should insist on strict reciprocity in how its embassy in Havana and Cuba’s in Washington are run, based on international standards and practices."
5. Cuba today has been described as an occupying force in Venezuela with at least 15,000 personnel of the Castro regime doing all they can to consolidate a totalitarian, Marxist Leninist dictatorship in Venezuela.  This runs counter to the interests not just of the United States, but of all democracies in the region and Venezuelans.
6. The holdovers at the State Department from the previous Administration need to be replaced as soon as possible with sound personnel who share your vision for Latin America.
Maintaining the present policy established by the previous administration is harming the lives of American diplomats and needs to be dismantled as soon as possible.  As you stated it is time to adopt a policy approach based "in a principled realism, rooted in our values, shared interests, and common sense."

The Castro regime has a record of attacking and mistreating diplomats stationed in Cuba. Common sense dictates viewing them as hostile not only to American interests but also American lives and security precautions taken to ensure the physical safety of diplomats and their families stationed in Cuba.

June 16, 2017 was a good first step but time is of the essence and the lives of Americans are being harmed. It is time to follow though Mr. President and dismantle your predecessors failed policy in favor of one rooted in American values, principled realism and common sense.

Sincerely,

John Suarez
Augusto Monge




Poland remembers start of WWII when they were invaded by Nazi Germany and 16 days later by the Soviet Union

Poland observes the 78th anniversary of the outbreak of World War II.

Soviet soldier and Nazi soldiers fraternize after conquering Poland in 1939
On September 1, 1939 at 4:45 am Nazi Germany invaded Poland and World War II started. Sixteen days later on September 17, 1939 the Soviet Union exercising its secret agreement with the Nazis invaded Poland from the East and met their German allies in the middle of the occupied country. Despite being attacked from all sides the Polish army continued to fight for 37 days.

Rolling Soviet tanks and Nazi motorcyclists in Poland (September 1939).
On September 22, 1939 the Nazi army joined with the Soviet Communist army in a military parade in Brest-Litovsk and the two sides celebrated and marched together. Today the Embassy of Poland in the United States in a series of tweets remembered the start of World War II and their struggle against the combined military forces of Nazi Germany and the Soviet Union.


22,000 Polish military officers who had resisted the Nazi invasion of their homeland were rounded up by the Soviets and on Josef Stalin's orders executed in April-May of 1940 in a forest outside of the small town of Katyn.

Nazi Germany and Soviet Union invaded and occupied Poland in 1939.

Nazi Germany and Communist Russia were allied together from August 23, 1939 until June 22, 1941 when "under the codename Operation 'Barbarossa,' Nazi Germany invaded the Soviet Union." Western countries downplayed Soviet collusion with the Nazis and war crimes preferring to focus on the task of defeating the Germans with Russian help.

Nevertheless the Polish people remembered and despite enduring decades of Soviet domination they continued to resist, remember and on August 31, 1980 the Polish Solidarity movement came into existence following an important victory when Polish workers had a number of their demands met after a prolonged strike.

However now that World War II is long over the task of setting the historic record straight is of great importance and for the world to know what the Polish people have known for so long about how the Second World War started.