Posts Tagged ‘delay’

Where are the State Department Country Reports on Human Rights? Are Clinton and Geithner visits to China at play? (Updated May 1)

Monday, April 30th, 2012

Section 116(d) of the Foreign Assistance Act of 1961, as amended, provides that “(T)he Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, by February 25 of each year, a full and complete report regarding the status of internationally recognized human rights, within the meaning of subsection (A) in countries that receive assistance under this part, and (B) in all other foreign countries which are members of the United Nations and which are not otherwise the subject of a human rights report under this Act emphasis added).”
–as quoted by Pete Winn,, full cite below.

The State Department is required by law to submit annual reports describing in detail the situation concerning human rights in the different countries of the world by February 25 of each year. During George W. Bush’s administration, these reports were submitted no later than March 11, with one exception (March 31, 2003 for the 2002 reports), and usually earlier.

See Pete Winn, “State Department Misses Statutory Deadline for Delivering Human Rights Report,”, April 10, 2012.

Last year the Obama administration did not submit the human rights country reports for 2010 until April 8, 2011. Even by that standard, the reports for 2011 are very seriously overdue.

The State Department has offered the following excuse for failing to comply with the statutary deadline in 2012:

A State Department spokesman said …the country reports on human rights had not been released in either February or March and that the department was waiting to release them at a time when Secretary of State Hillary Clinton can personally do so.

“They’ve been postponed a couple of times, the roll-out, because of scheduling issues, and because the Secretary wants to personally roll out the reports due to the importance she places on human rights,” Anthony Pahigian, spokesman for the Bureau of Democracy, (Human) Rights and Labor at the State Department, told

“But we’ve been–we’re keeping Congress informed, and we hope to find an opportunity,” he said. “It’s obviously a very busy season for everybody. There’s a lot going on.”

–Pete Winn,, April 20, 2012.

The law requires that the reports be released by February 25, not when the Secretary of State finds time to do so or when it fits her political agenda.

This reporting process is supposed to be totally free of political considerations.

Diplomatic Context: Clinton and Geithner’s visits to Beijing; the Bo-Xilai and Chen Guangcheng Affaires

One would hope that the visit of Secretary of State Hillary Clinton, Secretary of the Treasury Timothy Geithner, and other U.S. officials to Beijing has not played a role in the delay of the issuance of the report.
The recent escape of Chen Guangcheng, a blind human rights lawyer who has been under house arrest, has been treated as a “problem” for the United States and its visiting delegation. He is reported to have sought and found refuge in the U.S. Embassy in Beijing.

See David Elmer (Beijing), “Dissident Chen Guangcheng ‘chased by undercover Chinese agents’ as he fled to US Embassy; Astonishing details of how a blind lawyer escaped house arrest in China emerged as fellow dissidents said he had arrived safely at the American embassy in Beijing,” The Telegraph, April 28, 2012.

To be sure it is a sensitive moment in the generational change of leadership underway this year, greatly unsettled by the fall of Bo Xilai from power in Chongquin and the continuing criminal investigations into the death of a British businessman, Neil Heywood, in November, 2011. Bo’s wife, Gu Kailai, is currently in custody accused of poisoning Heywood. There are also allegations that Bo Xilai was spying on high party leaders in the country.

But, in any year, whatever the situation, the United States makes a huge mistake when its acts bashfully about its deepest values. If Chen Guangcheng seeks diplomatic asylum, the United States should focus on the human rights violations to which he was subjected and which led him to seek refuge. It may take some time to negotiate an end to his residence in the embassy, whether that be a return to life in China or a departure in accordance with a grant of diplomatic asylum.

Secretary Clinton and other U.S. officials need to address the issue, without acting ashamed of or bashful about our nation’s fundamental values, and then move on to conduct the other important business at hand.

That business should include a very serious engagement with China regarding their continued support for the Syrian regime, and the need for their cooperation in devising a real solution for a transition to a post-al-Assad government in a democratic Syria.

Why are the country reports late, and when will they be released?

Whether or not the visits to China had anything to do with the delay in issuing the human rights reports, Secretary Clinton needs to explain immediately to the American people why the country reports on the human rights situation in countries around the world have been delayed for more than two months, in violation of the statutory deadline of February 25, and when they will be released.

The report, including the individual country reports, should be released at the earliest possible date–as required  by U.S. law.

The Trenchant Observer

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Security Council issues “presidential statement”; al-Assad’s military onslaught continues unabated—Obama’s Debacle in Syria — Update #14 (March 22)

Thursday, March 22nd, 2012

On March 21, 2012, the U.N. Security Council unanimously endorsed the issuance of a “presidential statement” on Syria which was notable primarily for its support by Russia and China. The statement reiterated the proposals Kofi Annan took to Damascus and presented to Bashar al-Assad on his recent visit to Syria–which were not made public previously.

Al-Assad’s response was to continue shelling cities and towns, and to commit war crimes and crimes against humanity–today.


“UN peace push fails to halt Syria violence; Ten civilians fleeing to Turkey on a bus among dozens killed, as violence rages despite Security Council statement,” Al Jazeera, March 22, 2012 (20:02 h)

“Syria: Government Uses Homs Tactics on Border Town; Indiscriminate Shelling, Sniper Killings, Attacks on Fleeing Residents,” Human Rights Watch, March 22, 2012.

Alastair Beach, “UN finally agrees peace plan for Syria – but will it end bloodshed? Russia and China fall into line – but Ban Ki-moon admits fallout from conflict could spread through the region,” The Independent, March 22, 2012.

Ariel Zirulnick, “Syria thumbs its nose at the UN; Despite a UN statement yesterday calling for an end to the violence, which was backed even by Syria ally Russia, 82 people were killed yesterday in clashes around the country,” Christian Science Monitor, March 22, 2012.

“Bürgerkrieg in Syrien; Assad-Truppen rücken gegen Protesthochburgen vor; Alle Appelle der Uno verpuffen: In Syrien sind erneut heftige Kämpfe zwischen Aufständischen und der Assad-Armee ausgebrochen, unter anderem in Daraa, Sabadani und Hama. Nach Angaben von Aktivisten schießen die Regierungstruppen mit Panzern in Wohnviertel,” Der Spiegel, den 22 März 2012.

(Le avec AFP et Reuters), “Répression en Syrie: des roquettes tombent sur le Liban,” Le Monde, le 22 mars 2012 (mis à jour à 15h58).

The statement contains contradictory provisions, with one calling for an immediate ceasefire and another calling for a two-hour “pause” in the fighting to allow humanitarian relief through and the wounded to be evacuated from areas of fighting.

Unfortunately, although the Council’s peace plan contains many positive elements, it has no legal force, and even provisions that would have required a response from al-Assad within seven days were eliminated in order to get the Russians to sign on to the statement.

The text of the operative paragraphs of the March 21 Presidential Statement (U.N. Doc. S/PRST/2012/6) follow:

“To this aim, the Security Council fully supports the initial six-point proposal submitted to the Syrian authorities, as outlined by the Envoy to the Security Council on 16 March 2012, to:

(1) commit to work with the Envoy in an inclusive Syrian-led political process to address the legitimate aspirations and concerns of the Syrian people, and, to this end, commit to appoint an empowered interlocutor when invited to do so by the Envoy;

(2) commit to stop the fighting and achieve urgently an effective United Nations supervised cessation of armed violence in all its forms by all parties to protect civilians and stabilize the country. To this end, the Syrian government should immediately cease troop movements towards, and end the use of heavy weapons in, population centres, and begin pullback of military concentrations in and around population centres. As these actions are being taken on the ground, the Syrian government should work with the Envoy to bring about a sustained cessation of armed violence in all its forms by all parties with an effective United Nations supervision mechanism. Similar commitments would be sought by the Envoy from the opposition and all relevant elements to stop the fighting and work with him to bring about a sustained cessation of armed violence in all its forms by all parties with an effective United Nations supervision mechanism;

(3) ensure timely provision of humanitarian assistance to all areas affected by the fighting, and to this end, as immediate steps, to accept and implement a daily two hour humanitarian pause and to coordinate exact time and modalities of the daily pause through an efficient mechanism, including at local level;

(4) intensify the pace and scale of release of arbitrarily detained persons, including especially vulnerable categories of persons, and persons involved in peaceful political activities, provide without delay through appropriate channels a list of all places in which such persons are being detained, immediately begin organizing access to such locations and through appropriate channels respond promptly to all written requests for information, access or release regarding such persons;

(5) ensure freedom of movement throughout the country for journalists and a non-discriminatory visa policy for them;

(6) respect freedom of association and the right to demonstrate peacefully as legally guaranteed.

“The Security Council calls upon the Syrian government and opposition to work in good faith with the Envoy towards a peaceful settlement of the Syrian crisis and to implement fully and immediately his initial six-point proposal.

“The Security Council requests the Envoy to update the Council regularly and in a timely manner on the progress of his mission. In the light of these reports, the Security Council will consider further steps as appropriate.”

Delay is the enemy. Russia and China vetoed the Security Council resolution aimed at stopping the atrocities on February 4, 2012. Thousands have died as a result of the delay in concerted international action which has occurred to date. Today is March 22.

Thousands more will undoubtedly die before the Security Council authorizes action that can stop the killing by al-Assad, if indeed it can ever reach that point given Russia’s brazen support of the Syrian Dictator as government forces continue to commit war crimes and crimes against humanity against the Syrian population.

What is needed is a Security Council resolution calling for an immediate ceasefire, period. Al-Assad’s promises are worthless. What counts is his and Syria’s actions on the ground in implementing the ceasefire.

What is llkely, however, is more delay, while al-Assad proceeds with his murderous onslaught against the oppostion to his reign of terror. Russia, by arguing for not making demands on al-Assad, not setting deadlines, continues its perfidious game of acting to maintain Bashar al-Assad in power and to protect its perceived interests with its last client state in the Middle East (and practically anywhere else). These interests include the maintainance of military-technical cooperation, the naval base at Tartus, and Russia’s communications and listening post for the region.

These are the hard realities.

Watch what is going on in Syria on the ground, not what the diplomats are saying. Words alone will not stop the tanks and artillery that are bombarding civilian population centers, apartment buildings and homes throughout Syria–today.

The sole priority for the Security Council–and all other actors–should be an immediate cessation of hostilities. This demand should not be linked in any way to other demands, such as that for the initiation of a political dialogue (listed as point 1 in the presidential statement!).

The demand for an immediate ceasefire should be contained in a legally binding Security Council resolution. Compliance should be measured by facts of the ground.

Western, Arab, and other civilized nations should–with the greatest urgency–prepare options for the use of military force to bring the killing to a halt.

See Michael O’Hanlon, “What Are Our Military Options in Syria?” The New Republic, March 19, 2012.

Delay is the enemy. Action is required. Leadership–from any quarter–is also required.

We should not forget the people of Syria “for a single day”. In the words of British Foreign Secretary William Hague,

Assad should step aside in the best interests of Syria and the unity of its people. One year after the regime first tried to stamp on dissent, allowing a genuine dialogue on transition would be the most fitting way to mark this tragic anniversary. Until it does, we will not forget the people of Syria for a single day (emphasis added).

–William Hague, “Op-ed: UK Foreign Secretary William Hague vows not to forget Syrian people for a single day,” Opinion, March 22, 2012.

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