@StateDept Publishes Global Magnitsky Human Rights Accountability Act Report

Posted: 4:41 am ET
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The State Department published the Global Magnitsky Human Rights Accountability Act Report on June 20. The Act enacted on December 23, 2016, authorizes the President to impose financial sanctions and visa restrictions on foreign persons in response to certain human rights violations and acts of corruption.

According to the notice, the President approved the report on April 21, 2017.  The report required per Pub. L. 114-328, Subtitle F details (1) U.S. government actions to administer the Act and (2) efforts to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by Section 1263 of the Act.

Under Sanctions, the report notes:

“Although no financial sanctions were imposed under the Act during the 120 days since its enactment, the United States is actively seeking to identify persons to whom this Act may apply and collecting the necessary evidence to impose sanctions.”

Under Visa Sanctions, the report notes:

“Although no visa sanctions were imposed under the Act during the 120 days since its enactment, the Department of State is continuously reviewing available information in order to take appropriate actions with respect to visa ineligibilities.”

Under Termination of Sanctions, the report notes:

“No sanctions imposed under the Act were terminated in the 120 days since its enactment.”

The report also notes the following:

“With the passage of the Act, the United States now has a specific authority to identify and hold accountable persons responsible for gross violations of human rights and acts of significant corruption. The global reach of this authority, combined with a judicious selection of individuals and entities, will send a powerful signal that the United States continues to seek an end to impunity with respect to human rights violations and corruption. The Administration is committed to implementing the Act to support efforts to promote human rights and fight corruption. By complementing current sanctions programs and diplomatic outreach, the Act creates an additional authority to allow the Administration to respond to crises and pursue accountability, including where country-specific sanctions programs may not exist or where the declaration of a national emergency under the National Emergencies Act may not be appropriate. With the establishment of the first dedicated global human rights and corruption sanctions program, the United States is uniquely positioned to lead the international community in pursuing accountability abroad consistent with our values.”

While no individual has been sanctioned under the act, the report lists a few examples of Treasury Department designations issued in recent years which illustrates designations that align with the Act’s focus on human rights and corruption.

Andrey Konstantinovich Lugovoy: On January 9, 2017, Russian national and member of the Russian State Duma Andrey Konstantinovich Lugovoy was designated under the Magnitsky Act, which includes a provision targeting persons responsible for extrajudicial killings, torture, or other gross human rights violations committed against individuals seeking to expose illegal activity by Russian government officials. Lugovoy was responsible for the 2006 extrajudicial killing of whistleblower Alexander Litvinenko in London, with Dmitriy Kovtun (also sanctioned) acting as his agent or on his behalf. Lugovoy and Kovtun were two of five individuals designated under the Magnitsky Act on January 9, 2017.

Evariste Boshab: On December 12, 2016, Evariste Boshab was designated under E.O. 13413 (“Blocking Property of Start Printed Page 28216 Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo”), as amended by E.O. 13671 (“Taking Additional Steps to Address the National Emergency With Respect to the Conflict in the Democratic Republic of the Congo”), for engaging in actions or policies that undermine democratic processes or institutions in the Democratic Republic of the Congo (DRC). Boshab offered to pay DRC National Assembly members for their votes in favor of a bill to amend electoral law to delay elections and prolong President Joseph Kabila’s term beyond its constitutional limit.

Kalev Mutondo: Also on December 12, 2016, Kalev Mutondo was designated under E.O. 13413, as amended by E.O. 13671, for engaging in actions or policies that undermine democratic processes or institutions in the DRC. Kalev supported the extrajudicial arrest and detainment of opposition members, many of whom were reportedly tortured. Kalev also directed support for President Kabila’s “MP” political coalition using violent intimidation and government resources.

North Korean Ministry and Minister of People’s Security: On July 6, 2016, the North Korean Ministry of People’s Security was designated pursuant to E.O. 13722 (“Blocking Property of the Government of North Korea and the Workers’ Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea”) for having engaged in, facilitated, or been responsible for an abuse or violation of human rights by the Government of North Korea or the Workers’ Party of Korea. The Ministry of People’s Security operates a network of police stations and interrogation detention centers, including labor camps, throughout North Korea. During interrogations, suspects are systematically degraded, intimidated, and tortured. The Ministry of People’s Security’s Correctional Bureau supervises labor camps (kyohwaso) and other detention facilities, where human rights abuses occur, such as torture, execution, rape, starvation, forced labor, and lack of medical care. A Department of State report issued simultaneously with these designations cites defectors who have regularly reported that the ministry uses torture and other forms of abuse to extract confessions, including techniques involving sexual violence, hanging individuals from the ceiling for extended periods of time, prolonged periods of exposure, and severe beatings. Choe Pu Il, the Minister of People’s Security, was also designated for having acted for or on behalf of the Ministry of People’s Security.

Joseph Mathias Niyonzima: On December 18, 2015, Joseph Mathias Niyonzima was designated under E.O. 13712 (“Blocking Property of Certain Persons Contributing to the Situation in Burundi”) for being responsible for or complicit in or for engaging in actions or policies that threaten the peace, security, or stability of Burundi. Niyonzima supervised and provided support to elements of the Imbonerakure pro-government militia in Burundi, a group that has been linked to the arrest and torture of individuals suspected of opposing the Nkurunziza regime. He was also involved in plans to assassinate prominent opposition leaders.

Fahd Jassem al-Freij: On May 16, 2013, Syrian Minister of Defense Fahd Jassem al-Freij was designated pursuant to, among other authorities, E.O. 13572(“Blocking Property of Certain Persons With Respect to Human Rights Abuses in Syria”) for his role in the commission of human rights abuses in Syria. During his time as Syrian Minister of Defense, the Syrian military forces wantonly and capriciously killed Syrian civilians, including through the use of summary executions and indiscriminate airstrikes against civilians. Some of these airstrikes killed civilians waiting outside of bakeries.

The report says that the United States is committed to encouraging other countries to impose sanctions that are similar to those provided for by the Act. “The Department of State actively participates in global outreach, including the G-20 Denial of Entry Experts Network, a sub-group of the G-20 Anti-Corruption Working Group, in which countries share best practices among visa and immigration experts. Through this network, the United States has encouraged other G-20 members to establish and strengthen corruption-related visa sanctions regimes.”

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@StateDept Apologizes For Past Discrimination Against #LGBTI Employees/Applicants

Posted: 1:32 pm ET
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The 68th Secretary of State, John F. Kerry, today, apologized on behalf of the State Department for the discrimination of employees and applicants based on sexual orientation.  Below is his statement:

Throughout my career, including as Secretary of State, I have stood strongly in support of the LGBTI community, recognizing that respect for human rights must include respect for all individuals. LGBTI employees serve as proud members of the State Department and valued colleagues dedicated to the service of our country. For the past several years, the Department has pressed for the families of LGBTI officers to have the same protections overseas as families of other officers. In 2015, to further promote LGBTI rights throughout the world, I appointed the first ever Special Envoy for the Human Rights of LGBTI Persons.

In the past – as far back as the 1940s, but continuing for decades – the Department of State was among many public and private employers that discriminated against employees and job applicants on the basis of perceived sexual orientation, forcing some employees to resign or refusing to hire certain applicants in the first place. These actions were wrong then, just as they would be wrong today.

On behalf of the Department, I apologize to those who were impacted by the practices of the past and reaffirm the Department’s steadfast commitment to diversity and inclusion for all our employees, including members of the LGBTI community.

For the historical discrimination that spanned decades, this has been a long time coming. We are pleased to see this public apology. ADST’s Oral History notes that in the 1950s and 60s, “security within the U.S. government, including the State Department, was on high alert for internal risks, particularly Communists and what were considered to be sexual deviants—homosexuals and promiscuous individuals. Investigating homosexuality became a core function of the Department’s Office of Security, which ferreted out more people for homosexuality than for being a Communist.”

In 1950, a subcommittee chaired by Maryland Senator Millard Tydings convened to investigate Joseph McCarthy’s notorious list of “205 known communists.” Tydings worked to discredit McCarthy’s claim, but, in the process, the subcommittee concluded that the State Department was overrun with “sexual perverts,” part of the so-called “Lavender Scare.” 

During the hearings, Nebraska Senator Kenneth Wherry memorably claimed that as many as 3,000 homosexuals were employed at State. By the end of 1950, 600 people had been dismissed from positions at the State Department on morals charges. In 1973 a federal judge ruled that a person’s sexual orientation alone could not be the sole reason for termination from federal employment; two years later, the Civil Service Commission announced that it would consider applications by gays and lesbians on a case-by-case basis.

Read more here: Being Gay in the Foreign Service and The “Lavender Scare”: Homosexuals at the State Department

 

Related posts:

 

Conservative Group Blasts Tillerson Pick, Wants Pro-LGBT “Activists” in @StateDept “Ferreted Out” (Updated)

Posted: 1:52 am ET
Updated: 9:32 am PT
Update: 12/20, 12:47 pm PT (click here for comment during DPB)
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We just blogged that House Democrats called on the State Department to resist potential Trump political witch-hunts). And what do you know?  On December 15, Tony Perkins, the president of the Family Research Council issued the following statement, excerpt:

The Obama administration has not only sent openly gay ambassadors into countries that are culturally opposed to homosexuality, they’ve used foreign aid to force nations opposed to homosexuality to change their laws to provide special protections for such behavior. And even flown the rainbow flag at U.S. embassies around the world! Equally, the Obama State Department under Hillary Clinton also promoted abortion, declaring reproductive healthcare a basic human right.
[…]
…. I have raised concerns about the nomination of ExxonMobil CEO Rex Tillerson for secretary of state. I certainly don’t see Tillerson cut from the same cloth as Clinton or Kerry, but he doesn’t have to be for these anti-life, liberal social policies to continue. He must have the courage to stop the promotion of this anti-family, anti-life agenda, which is very much a question mark given that he capitulated to activists pushing to liberalize the Boy Scouts’ policy on homosexuality when he was at the helm of the organization.

The incoming administration needs to make clear that these liberal policies will be reversed and the “activists” within the State Department promoting them will be ferreted out and will be replaced by conservatives who will ensure the State Department focuses on true international human rights like religious liberty which is under unprecedented assault.

According to the Southern Poverty Law Center (SPLC), the Family Research Council (FRC) is an anti-LGBT extreme group that bills itself as “the leading voice for the family in our nation’s halls of power,” but that “its real specialty is defaming gays and lesbians.” SPLC has also published an extremist profile of Perkins here.

Updated:  According to HuffPo, Trump’s transition team released a statement expressing strong opposition to the Family Research Council’s appeal.  “President-elect Trump campaigned on a message of unity in order to bring all Americans together. To think that discrimination of any kind will be condoned or tolerated in a Trump Administration is simply absurd,” Trump spokesman Jason Miller said.

This is worrisome because “ferreting out” LGBT “activists” can easily expand to the purging of LGBT employees.  Trump has a “complicated track record on LGTBQ issues” but given the people in his orbit, it is important to remember that in 1953, under the guise of national security, President Eisenhower signed Executive Order 10450 which expanded the grounds for dismissal to cover homosexuality. Under the guise of seeking “true international human rights” or something else, this could easily go from worrisome to alarming.

There’s a dark history of employee purges in the federal government, most especially at the State Department.  The National Archives notes that beginning in the late 1940s and continuing through the 1960s, thousands of gay employees were fired or forced to resign from the federal workforce because of their sexuality. Dubbed the Lavender Scare, this wave of repression was also bound up with anti-Communism and fueled by the power of congressional investigation.

According to the State Department, on February 28, 1950, in testimony before the subcommittee of the Senate Appropriations Committee, Deputy Under Secretary for Administration John Peurifoy noted that 91 employees in the “shady category” had been dismissed since January 1, 1947. “When pressed to define this category, Peurifoy alluded to “moral weakness.” He seemed too hesitant to offer specifics, and the number of dismissals was too large for the matter to be easily dropped. Senator Styles Bridges (R-NH) pressed Peurifoy further, and the Deputy Under Secretary finally admitted that the category referred to homosexuals.”

Stay aware. Stay engage.

President Obama appointed gay ambassadors to Australia, Dominican Republic, Denmark, OSCE, Spain, and Vietnam. To say that these missions are in countries “culturally opposed to homosexuality” is false.  Among the six missions, only one has faced blatant, persistent bigotry and discrimination in his host country; that’s Ambassador Wally Brewster who is accredited to the Dominican Republic (see Pres. Obama’s Personal Representative Faces Anti-Gay Bigotry in the Dominican Republic.

The charge that pro-LGBT policies were advanced by LGBT “activists” in the State Department is simply ignorant of how the agency works. Advancing the rights of LGBT persons around the world is an Obama Administration policy. Career employees are required to support and defend it, as well as all other policies of the administration whether they agree with it or not (see On the Prospect of Mass Resignations: A Veteran FSO Cautions Against Rash Decisions).

The Foreign Service Act and appropriate personnel regulations require commitments from candidates for appointment to the Foreign Service to commit to three (3) conditions of employment — availability for worldwide assignment, willingness to accept out-of-function assignments, and observance of Foreign Service discipline with respect to public support of established United States policy.  “In the official performance of their duties as representatives of the United States Government, Foreign Service members may be called upon to support and defend policies with which they may not be personally in full agreement. On such occasions, normal standards of Foreign Service discipline will apply. Ample opportunity is provided within official channels for discussion and dissent with respect to the development and conduct of United States Foreign policy.” (See DS4146). Also see Joseph Cassidy’s Twelve Tips For Surviving Life In The New Foggy Bottom.

More clips below:

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Obama in Vietnam: Arms Embargo, Human Rights, Peace Corps, and Anthony Bourdain

Posted: 4:53 pm ET
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Meanwhile, Secretary Kerry made an unannounced visit in downtown Hanoi .

 

Robert Gates Talks Strategic History With a Moral Purpose (Video)

Posted: 2:06 am ET
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The Zbigniew Brzezinski Annual Prize honors the legacy of Dr. Brzezinski by recognizing and promoting the importance of geostrategic thinking with a transcending moral purpose. It’s Inaugural Prize recipient is Robert M. Gates, the former U.S. Secretary of Defense. Below is Mr. Gates lecture at CSIS on April 12, 2016. If you want to skip the intros and go directly to the lecture, it starts at the 13:25 mark. Don’t miss the Q&A starting at the 34:00 mark.

 

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WH Petition: Latest Attack Against Wally Brewster, the US Ambassador to the Dominican Republic

Posted: 1:58 pm EDT
Updated: 5:16 pm EDT
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An anonymous petition currently posted at the White House We The People portal is asking the Obama Administration “to remove the U.S. ambassador in the Dominican Republic, James W. Brewster for primarily promoting in his official duties an LGBT agenda inconsistent with the Christian cultural values and tradition of the Dominican Republic.” The petition has  above 25,000 signatures as of last night and needs over 74,000 by April 7, 2016 to reach the petition threshold which would then require an official response from the White House.

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And here is a counter petition supporting the ambassador.

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Maybe the White House can officially respond with this video:

The removal petition is just the latest in a series of attacks that Ambassador Brewster has faced since he was appointed U.S. Ambassador to the Dominican Republic in 2013.  After his nomination was announced, the AP reported that religious groups in the country said they are outraged by the nomination of a gay U.S. ambassador to the conservative Caribbean country.  DR Bishop Pablo Cedano was quoted in the media saying that if Brewster becomes the U.S. ambassador, “he is going to suffer and will have to leave.

After Ambassador Brewster’s arrival in country, a diplomatic event in honor of Dominican Republic president Danilo Medina was cancelled.  Ambassador Brewster’s husband was reportedly not invited to that event because he was not considered a “wife.” Consequently, several diplomats reportedly refused to attend and the event had to be “suspended.” (See Meanwhile in Santo Domingo: Ambassador Brewster’s Husband Not Invited ‘Cuz He’s Not a “Wife”).

This week, the Washington Blade reports:  Cardinal Nicolás de Jesús López Rodríguez of the Archdiocese of Santo Domingo has repeatedly used anti-gay slurs to describe Brewster. A group of Dominican intellectuals and religious leaders in January urged President Danilo Medina and the Dominican Ministry of Foreign Affairs to declare the out U.S. ambassador as “persona non grata” because of a U.S.-backed initiative they contend seeks “to turn our adolescents gay.”

Yesterday, Senator  Dick Durbin (D-IL) tweeted his support saying Ambassador Brewster is “doing exceptional work under difficult circumstances.”  U.S. Ambassador to Chile Mike Hammer also tweeted his support:

Previously in January:

Last December:

Last year, Senator Durbin also wrote and appealed to the Pope about the hostile public remarks against Ambassador Brewster made by Cardinal Nicolas de Jesus Lopez Rodriguez of the Archdiocese of Santo Domingo:

Ambassador Brewster is from my state of Illinois and he is a personal friend.  I supported President Obama’s selection of Ambassador Brewster and he was sworn into his position in my Senate office.  Ambassador Brewster is gay and was married under the laws of the United States to his partner, Bob Satawake.

Even before Ambassador Brewster’s arrival in Santo Domingo in 2013, Cardinal Rodriguez launched a personal attack against him with public statements quoted in the popular press.  The Cardinal used the hateful slur “faggot,” which he continues to use to this day.  In a recent interview Cardinal Rodriguez again described the Ambassador as a “faggot” and falsely claimed the Ambassador was setting out to promote “faggotry” in the Dominican Republic.  The Cardinal described the Ambassador as a “wife” who “should stick to housework.”
[…]
The Church’s teachings on gay marriage are well known but the Church also teaches us to show tolerance for those with different sexual orientations.  The intolerant public statements of Cardinal Rodriguez are inconsistent with that clearly stated value.

Since your selection as Pope, you have shared a message of compassion, tolerance, and love.  I remember distinctly when you spoke to us at the joint session of Congress in September and reminded us of our responsibility to “defend and preserve the dignity of your fellow citizens in the tireless and demanding pursuit of the common good.”

This can’t be easy for Ambassador Brewster, his husband or the mission.

These persistent attacks are hard to watch but imagine what it must be like for LGBT members in DR and in many parts of the world.

A Dominican LGBT rights advocate told the Blade, “This is only a reflection of the homophobia that continues to exist in this country,” Ramírez told the Blade. “If this is what the ambassador of the United States is facing, you can only imagine what common GLBT people who don’t have a political agenda are up against.” 

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