In this dissertation I explore the co-emergence of multinational corporations and the consolidation of the discourse on human rights at the level of the United Nations throughout the second half of the twentieth century and analyse the resulting conceptual gap that created tensions in the international legal order. Despite attempts by developing countries to alleviate this imbalance through the New International Economic Order (NIEO), a multitude of soft law initiatives and the reluctance to address human rights issues in MNCs at the level of the United Nations failed to make MNCs incorporate human rights standards in their operations. The merging of the two concepts became increasingly more challenging throughout the 70s and 80s when the world was faced with the oil crisis and the rise of neoliberalism. This shift in the global legal architecture forced the Third World to take a new approach to tackle the conceptual gap, this resulted in the emergence of the Third generation of human rights and ultimately, the concept of Corporate Social Responsibility (CSR). CSR is a concept of international private business self-regulation that aims at merging human, socio-economic, and political rights into the world of the corporation. As a response to the concerns for human rights violations by corporate actors, CSR slowly came to the forefront of the global business scene to enable the continuation of the operation of multinational enterprises. CSR presented a platform for global soft law initiatives to minimise the conceptual gap they had created over throughout the preceding decades. This allowed people such as John Ruggie to develop the Guiding Principles, the most successful initiative to date. This dissertation will provide its readers with a fruitful understanding of the crucial role that international law played in this development and further, what implications this had on the political and economic level. - Introduction In the words of Sundhya Pahuja and Anna Saunders, the second half of the twentieth century staged a 'series of encounters between rival practices of world making, each of which travelled with rival accounts of international law'.[1] Anti-colonial disputes, the Cold War, the rise of developmental issues and the increasing popularity of neoliberalism are only some of the events that generated these competing views of the international legal order. These events brought different coalitions across the Global North and Global South, and different 'alliances of interest between 'public' and 'private' actors'.[2] At the heart of the system that emerged lie two fundamental elements: the modern multinational corporation and human rights. How to conceptualize multinational corporations (MNCs) and how to define their relation to the law and the State was part of these rival stories. In this paper I explore the co-emergence of multinational corporations and the consolidation of the discourse on human rights at the level of the United Nations throughout the second half of the twentieth century and analyze the resulting conceptual gap that created tensions in the international legal order. In particular, I examine how this encounter, which became evident as calls for a New International Economic Order (NIEO) were being advanced within the UN, came to produce the idea of 'Corporate Social Responsibility' (CSR). I show that CSR emerged from the failure of the NIEO, particularly in relation to the roles and responsibilities of private actors in the global economy and how this can be traced to the limits of initiatives addressing the tensions between human rights claims and the interests of multinational corporations. In so doing I provide an understanding of the crucial role that international law played in this development and the implications this had at the political and economic level. The first section of this essay examines the lack of direct use of human rights language in the UN literature focusing on MNCs and their role in world development from the 1960s to the 1970s. This includes an analysis of the report entitled 'Multinational Corporations in World Development'.[3] I demonstrate the emphasis and enthusiasm for multinational corporations displayed at the level of the United Nations and how the concepts of the corporation and human rights were kept separate due to their respective supporters during the Cold War. I then focus on the attempts by the Organization for Economic Co-operation and Development (OECD), the International Labor Organization (ILO) and the 'Group of 77' (G77) to bridge this conceptual gap through the imposition of policies and initiatives, though without major success. The second section analyzes the influence of the oil crisis and the rise of neoliberalism on the shift of the global legal architecture, ultimately promoting the birth of the new developmental state. Here concern is with the new legal structures' attempt to merge the concepts of multinational corporations and human rights through a third generation of human rights, [4] and I engage in theoretical approaches by legal scholars such as Samuel Moyn and Antonia Darder. In the third section investigates the concept of Corporate Social Responsibility (CSR) and analyzes its application and limitations. CSR is a concept of international private business self-regulation that aims at merging human, socio-economic, and political rights into the world of the corporation. As a response to the concerns for human rights violations by corporate actors, CSR slowly came to the forefront of the global business scene to enable the continuation of the operation of multinational enterprises. I demonstrate how CSR aspired to close a gap between human rights and corporate action in a way that would harmonize them through a multitude of soft law initiatives. This leads to the question of whether direct regulations can apply to MNCs under international law and a discussion of the UN Global Compact, at the time the world's largest and most far-reaching CSR initiative.[5] Finally, this paper closes with the most recent developments in the global legal order designed to tackle the conceptual gap between MNCs and human rights, namely through the United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises[6] and the development of the Guiding Principles. Dawn of co-existence The United Nations lies at the heart of the international regime with its normative, institutional and procedural human rights activities.[7] By adopting the Universal Declaration of Human Rights in 1948, the UN created a milestone document in the history of human rights. The Declaration has had an enormous influence on the world both in terms of 'spreading the philosophy of human rights, and in terms of inspiring legal texts and decisions'.[8] New states have used the Declaration as a basis for their constitutions, while domestic and international courts have invoked the Declaration in their judgments.[9] As human rights law developed, the International Covenant on Economic, Social and Cultural Rights, followed by the International Covenant on Civil and Political Rights, were both drafted under the auspices of the United Nations, adopted in 1966 and entered into force in 1976. Together, these three instruments make up the 'International Bill of Human Rights'.[10] Throughout the 1960s and 1970s, the world became a stage for global changes that altered the legal order. The end of colonialism dawned in the Global South, and during the height of the Cold War the West faced the Soviet Bloc and its mission of 'exporting revolution'.[11] Leaders of nationalist resistance movements received military as well as financial aid from the Soviet Bloc which intensified anti-colonial mobilization for self-determination.[12] Simultaneously, globalization was increasing rapidly, with multinational corporations emerging onto the global scene with heightened awareness of their existence as an entity with legal personality. As outlined by Sornarajah, their distinct bases of power allowed them to assert their interests through the law. With economic resources often exceeding those of their host state, MNCs had the ability to sculpt and manipulate legal outcomes through arbitration processes concerning foreign investment protection. This was done by exerting lobbying pressure on a host state which might be reluctant or even unable to object to the activities of MNCs.[13] The 'Multinational Corporations in World Development', report drafted by the UN Secretariat's Department on Economic and Social Affairs in 1973, considers 'the role of multinational corporations and their impact on the process of development, especially that of developing countries [.] [and] international relations'.[14] From the outset, the Report identifies the emerging phenomenon of the MNC in international economic affairs, how its size and spread has increased, and identifies the wide array of its activities and its use of natural resources which 'rival traditional economic exchanges between nations'.[15] It is surprising therefore, that a Report from the Department on Economic and Social Affairs, does not contain the term 'human rights' throughout the entire document. In the Report's introduction the UN makes a clear distinction between the differing views of impacts MNCs have on host countries. While 'depicted in some quarters as key instruments to maximizing world welfare, [they] are seen in others as dangerous agents of imperialism'.[16] The fact the United Nations recognized the potential neo-colonial nature of multinational corporations further highlights the need for guidance on human rights violations by MNCs. Yet the Report's reluctance to engage in the area of human rights provides a first glimpse into the divergence of the concepts of multinational corporations and human rights. An explanation for this can be identified by analyzing the Conventions, on Civil and Political Rights and on Economic, Social and Cultural Rights, with the UN's reluctance to avoid tensions between the supporters of both Conventions, respectively the United States and the Soviet Union. The US pushed for the development of civil and political rights, reflecting the protection of the freedom and liberties of individuals. Stemming from a Western philosophy, John Locke identified that in a 'state of nature' humans had 'natural rights' including the right to life, liberty and property. Similarly, French legal philosophers such as Rosseau, Montesquieu and Voltaire argued that such rights emerge from the inherent nature and virtue of man.[17] As Joseph and Castan argue, 'natural rights theories were highly influential [.] particularly in the revolutionary fervor of the United States'.[18] The advancement of civil and political rights reflects the capitalist ideology of the United States, conforming to the libertarian nature of Western capitalist societies.[19] In contrast, the Soviet Union pushed for the advancement of economic, social and cultural rights. These included the right to work, the right to an adequate standard of living, and the right to physical health. Contrary to the civil and political rights, these rights were based on the idea of equality, one deeply rooted in the political ideology of socialism. As the US would not commit to a proposition that there is a right to social goods, the US has never ratified this Convention.[20] The Soviet Bloc promoted the right of self-determination by providing military and financial aid to indigenous political activists in their fight for independence; an idea enshrined in Article 1 of the Covenant which states that: 'All peoples have the right to self-determination'.[21] For the Soviets 'national self-determination was an adjunct to revolutionary communism'.[22] They envisioned self-determination as the tool for the transition from dismantling a colonial empire to establishing a socialist state.[23] However, while the United Nations was reluctant to adhere to human rights in the framework of multinational corporations, other international institutions were motivated to develop this area. The OECD attempted to impose human rights on MNCs by adopting the Guidelines for MNCs (hereinafter 'OECD Guidelines') in 1976.[24] These were 'voluntary recommendations for business practices relating to human rights, disclosure of information, anti-corruption, labour relations, taxation, the environment and consumer protection'.[25] The Guidelines were intended to strengthen the international investment climate by improving the relationship and confidence between MNCs and host countries. National Contact Points (NCPs) were created that bore the responsibilities of enforcing and promoting the Guidelines, and any natural person could make a claim related to the violation of the Guidelines.[26] This aspect of the Guidelines provided an enforcing mechanism accessible to the public. But although the Guidelines were formally adopted by member states as a corporate responsibility instrument, they were subject to widespread criticism in the international legal order. As explained by Cernic, the Guidelines are ambiguous while the NCPs are limited in their influence on host states. Even though they outlined the need to respect human rights, the obligations were not framed in mandatory terms.[27]. Since the Guidelines lacked legal basis, the OECD was unable to assert sanctions on non-compliant corporations, and critics labeled them weak and ineffective. However, it was the intention of the OECD to guide rather than to legislate, because they saw voluntary versus legally binding standards as less of a dichotomy and more a continuum.[28] Although voluntary, corporations would be under scrutiny and potentially harm their reputation if they violated the Guidelines.[29] Yet, the Guidelines were hardly successful in the international legal order. A year later, in 1977, the ILO attempted to bridge this gap by adopting the Tripartite Declaration of Principles Concerning MNCs and Social Policy. These also attempted to 'encourage the positive contribution the MNEs can make to economic and social progress'.[30]. Article 8 emphasizes the respect for the Universal Declaration and the International Covenants. However, its voluntary and non-binding nature, as well as its weak monitoring process made this instrument as frail as the OECD Guidelines.[31] The lack of responsibility and perseverance stemming from international organizations and their disappointing attempt at bridging the gap between multinational corporations and human rights forced national and regional change. On the one hand, developing nations began taking matters into their own hands. To portray unity and solidarity throughout the 'Third World' the G77 coalition, formed in 1964 by developing member countries with the primary intention of promoting its members' economic and humanitarian interests through cooperation at the level of the United Nations, took a strong initiative. In the late 1970s the Group expressed its concern at the 'imbalance of negotiating power between TNCs [transnational corporations] and their host countries and inability on the part of the latter to control the activities of the TNCs within their territories'.[32] Simultaneously, home countries wanted to ensure their investments abroad would be protected, 'specifically from expropriation without a commitment to compensation based on international law'.[33] In accordance with the principles and concerns of the freshly adopted NIEO, developing countries raised the issue of the dominance of MNCs over natural resources and strongly urged the UN for a reaffirmation of their sovereignty over their resources. The NIEO was an attempt by Third World developing states, in the wake of decolonization, to deploy international law to achieve economic justice and improvements in the areas of development and socio-economic rights.[34] Pushed by the G77, the United Nations General Assembly (UNGA) member states devised a set of NIEO proposals in 1974 including (1) that developing states are entitled to control and regulate all activities of MNCs within their territory; and (2) that international trade must be based on equitable, stable and remunerative prices for raw materials.[35] Despite its impressive aims and careful compilation, the NIEO was unsuccessful. It failed 'to displace the power and advantage held by influential states', it failed to alter international law which favoured the economic interests of capital-exporting states and, most importantly, it demonstrated the Third World's acceptance of the economic ideology of the capitalist mindset, inflating the value of foreign capital including the exploitation of local labour in developing countries.[36] Consequently, the UN set up the United Nations Commission on Transnational Corporations which drafted a code of conduct for TNCs, one of the first formalized instruments drafted by the UN that set an obligation upon MNCs to respect human rights in host countries.[37] However while developing countries insisted on the idea of adopting an international instrument that was binding on MNCs, developed countries were not prepared to go beyond the voluntary sets of guidelines already in place.[38] On the other hand, due to the ineffectiveness of the international institutions, some MNCs that sought to abide by human rights law attempted to create some provisions themselves. An example is the Sullivan principles designed by Leon Sullivan, former member of the General Motors' Board of Directors. These principles included the elimination of discrimination based on race, and the concept of equality in the workplace. The objective was that by engaging in human rights concepts like dignity and respect, MNCs could be a lever for the elimination of apartheid in South Africa. However, like the previously established soft law on obligations on multinational corporations, these principles were voluntary and unlike the OECD Guidelines which had the NCPs, there was no enforcement mechanism. The great majority of MNCs that adopted his principles did so with the sole motive of being able to continue to prosper in South Africa.[39] In summary, throughout the 1960s and 1970s, there were attempts at a variety of levels to bring together the concepts of human rights and multinational corporations. Though it was largely absent on the level of the United Nations until the late 1970s there were many first steps by international institutions to bridge this gap. The NIEO was the first set of concrete economic principles that were prescribed in international law 'articulating a form of justice based not on domination of one people over another'.[40] It was an 'effort to assert the sovereign autonomy of the non-western world',[41] exemplifying the importance of linking human rights and development, and the fundamental values of duties of international cooperation. However, there was still much to be done as the new decade of the 1980s saw a drastic restructuring of the global trade and investment system - ultimately ending in massive international debt and a dramatic increase in foreign direct investment. A Change in the Global Legal Architecture An accumulation of capital obtained by the main oil producing states in the Middle East led to the establishment of the Organization for Petroleum Exporting Countries (OPEC) Cartel in 1972. With the intention of creating a monopoly and obtaining major profits, OPEC raised the price of oil by approximately 400%, with its members keeping revenue in US or European banks, from which developing countries regularly borrowed in the form of aid and loans.[42] However, banks were now lending at higher interest rates to these countries as they were deemed less creditworthy. As a result of sovereign debt and the surplus problem in the international banking system, developing states were forced to rely on foreign direct investment (FDI), as opposed to private borrowing. The very principle that developing states wanted to control with the establishment of the NIEO was now negated by Western states selling MNCs to the developing world as necessary for their survival.[43] Simultaneously to the effects of the oil crisis, the political ideology of neoliberalism emerged on the global scene. Conservative governments gained power in western countries, communism collapsed in Eastern Europe with a move towards market economics, and Latin America implemented stabilization policies to boost their economies.[44] This process saw neoliberalism became an enemy for structural equality, political inclusion, economic access and human rights.[45] Prior to the implementation of neoliberal policies, the relationship between multinational corporations and their host state was formed through the conflict between the host country's national developmental interests as opposed to the corporation's global investment interests. The state being the more powerful actor, attempted 'to channel its private investments to serve its own developmental objectives'.[46] However, as Michael Peters argues, neoliberalism provides 'a universalist foundation for an extreme form of economic rationalism'[47], which according to Paul Haslam, was a re-forming of the modern state rather than the perceived notion of the state 'unambiguously withering away'.[48] As a result, power shifted from host countries towards multinational corporations as the era was characterized by liberalization of foreign investment rules.[49] As the United Nations World Investment Report of 2000 showed, out of the 1035 changes made in national legislation regarding Foreign Direct Investment (FDI) from 1991 to 1999, only 5.9% were directed at restricting FDI.[50] Now more than ever before, the existence and nature of human rights were jeopardized in the sphere of multinational corporations led by neoliberal politics. Yet when analyzing human rights and neoliberalism, the two concepts have a plethora of similarities that run counter to this assertion. Samuel Moyn states that human rights and neoliberalism share (1) a predecessor and (2) a target, namely the welfarist West and the post-colonial nation state seeking economic autarky respectively.[51] Both concepts emerged and were formalized in the West. As a target, developing countries need both economic (neoliberalism) and social (human rights) elements to establish economic control. Furthermore, the two concepts share key foundational building blocks. Firstly, the principle of prioritizing the individual 'whose freedoms matter more than the collectivist endeavours' and secondly, their shared antipathy toward the state due to their rejection of its moral credentials.[52] As described by Darder, neoliberalism is characterized by a rampant greed that subsumes any notions of equality and public responsibility.[53] At the heart of this lies the ultimate subversion of human rights. When faced with the powers of global capitalism, human rights struggle to maintain themselves in the Third World. A prime example countering this thesis is the idea that human rights are a handmaiden to neoliberal policies. The argument follows that human rights are so tightly related to the role of a freely functioning market that there could be no socio-economic rights without extreme capitalism.[54] Unfortunately under this notion, human rights fall victim to being seen as dependent upon the capitalist order, creating the illusion that multinational corporations enhanced and promoted human rights in the developing World. What Wolfgang Streeck termed as 'non-market notions of social justice' became impossible to secure. Any attempt to place social commitments over economic ones were expelled, leaving market pressures to form human obligations and be governed by the dictatorship of neoliberalism.[55] The World Bank and the IMF, backed by the United States and other western states, became key in the project for liberalization, privatization, and market-friendly policies, known as the Washington Consensus. MNCs were given the protection they needed to flourish, be it proprietary or intellectual property rights. The interests of human rights on the other hand were not regarded. Though excelling and growing more than ever before, human rights had done so 'on a discrete track spearheaded internationally through the UN'.[56] Directed by developing states, human rights were intentionally dealt with by the United Nations while international economic law was being dealt with by the international institutions where they hold the balance of power.[57] Simultaneously, the developing world saw the third generation of human rights emerge as a result of anti-colonialist movements in the post-Second World War era. Newly born independent nations voiced their concerns over repeating their colonial past and demanded a new set of rights. These included the right to self-determination, the right to a healthy environment and the right to participation in cultural heritage. These are reflected in Declarations and Conventions such as the Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960, the Proclamation of Teheran of 1968 and the Stockholm Declaration of 1972.[58] What makes this generation of human rights exceptional however is that while they reflect neither the traditional individualistic approach of the first generation, nor the socialist tradition of the second generation, they simultaneously demand certain recognitions from the state while being able to be invoked against the state. Most importantly though, as articulated by Vasak, the third generation of human rights 'can be realized only through the concerted efforts of all the actors in the social scene: the individual, the State, public and private bodies and the international community'.[59] In other words, these rights belong to the community as a collective, rather than to an individual.[60] Drafted in 1986 by the UNGA, the Declaration on the Right to Development [61] (DRD) calls for effective international cooperation towards development objectives through the enhancement of human rights and the distribution of benefits.[62] The DRD gained inspiration from the NIEO as it relied on providing equal national opportunity through measures of fair distribution of natural resources and income. Alongside neoliberal policies, the two contradicting concepts were forced to work in tandem. Foreign investment in the developing world could proceed under the neoliberal ideology as long as it did not infringe the DRD. Interestingly, the right to development was coined by the former UN Independent Expert on the Right to Development, Arjun Sengupta, as 'growth with equity'. Growth should not only focus on the economic aspect, but also emphasize human rights and the principles of justice. This focus on equity, would require a 'a change in the structure of production and distribution in the economy to ensure growth was equitable', including the required international cooperation and not having to rely on the market.[63] Though the United Nations are promoting and enhancing the development of human rights, they are disregarding the fact that their work should be focused more on the human rights aspects entailed in the market, rather than solving human rights issues outside of the market framework. The development of human rights and the regulatory frameworks supporting multinational corporations attended very different interests. The new global legal architecture born of the oil crisis and rise of neoliberalism reorganized the relations between the Global South and Global North. At this point human rights and the regulation of corporations, with their distinctive genealogies, were forced to come together, but the failure of this exercise could not be challenged until the late 1980s when the third generation of human rights provided another opportunity for the merging of the two concepts. The outcomes of these new sets of discussions produced a more clearly defined relationship between human rights and multinational corporations which, although more sophisticated, was still unable to produce a satisfactory result. Nevertheless, the right to development began to take root in the corporate world. For the sake of their reputations, corporations were forced to appreciate the power held by vulnerable individuals that could act together as a strong collective.[64] As Claire Dickerson argues, multinationals became more aware of their relationship with human rights not only in regards to the individual, but rather to the society as a collective.[65] These were the first formalized steps to the recognition of what came to be known as Corporate Social Responsibility (CSR). The Heterodox Approach What became apparent in the sphere of business and human rights were two situations, (1) that states were either unable or unwilling to implement human rights; and (2) that multinational corporations acting in such states were unprepared to deal with the risks of harming human rights through their activities. This was seen especially in the private extracting sector, such as oil, gas and coal, using aggressive means to exploit remote areas and leaving large physical and social 'footprints'. Local communities began resisting the activities by the multinationals and the language of human rights became increasingly popular in challenging corporate norms.[66] Some of the world's largest MNCs had become culprits of violating human rights standards, including Nike, Shell or Yahoo. Nike was guilty of using child labour, while Shell misused public funds to practice corruption and theft at all levels.[67] The effects were reflected in local communities that resorted to violence and criminal behaviour, significantly affecting the living conditions of these areas. In the early 1990s, some corporations began adopting measures to comply with responsible business conduct. CSR was a voluntary form of business self-regulation that attended the current societal goals. It involved the creation of monitoring schemes that regulated the workplace standards and policies of the global supply chains. However, what caused CSR to emerge, was not only pressure exerted by nations that felt their human rights had been impinged, but also a wider global political ethos. With its emphasis on privatization and deregulation, neoliberalism promoted CSR initiatives in order for corporations to gain self-control and rely less on direct government initiatives. Due to its voluntary nature, CSR was not conceived as a regulatory instrument but as a learning forum to promote strategies that enhanced socially responsible policies. This included the enhancement of human rights, environmental protection and anti-corruption efforts. [68] CSR had now progressed to the forefront of the global business scene by morphing out of corporate philanthropy.[69] Corporations began adopting voluntary schemes that not only adhered to social policy, but at times even went beyond the standard set by local requirements, which occasionally created conflict between the two.[70] Unilateral corporations produced company codes, with companies such as Gap and Nike adopting theirs in 1992. This involved internal audit teams and ethics officers to be established, verifying that contractors were complying with their company's codes of conduct. Gradually, social audit teams emerged onto the global scene. As one of the most prominent, the Fair Labour Association (FLA) monitored the working conditions for some of the top athletic brands such as Nike, Puma and Patagonia. In the food industry, the label of Fair Trade emerged, ensuring for local farmers the social, economic and environmental standards they deserved. Corporations adopted CSR measures mainly to improve their reputation. However, perhaps a greater incentive for corporations to adopt CSR measures lies in the financial risks posed by community pushback as a result of human rights violations. These pushbacks cause delays in design, operation, construction, siting, granting of permits etc. Further, they can create problems and relations with local labour markets, higher costs for financing, insurance and reduced output.[71] In a study of a large multinational company that wished to remain anonymous, Goldman Sachs found that it had accrued $6.5 billion in such costs over a two year period.[72] A great percentage of these costs could be related back to the staff time in managing conflicts that arise in communities as a result of human rights violations. In some instances between 50% and 80% of an assets manager's time can be devoted to these issues. Thus, it is clear that in this lose-lose situation, where MNCs violate human rights and thus incur losses, it makes sound corporate sense to adopt some sort of CSR measures.[73] Despite the improvements and the clear step forward the business world took in addressing human rights, CSR involved limitations and fragmentations that challenged its success. It was built on the assumption that it is an effective mechanism for a corporation to positively reconnecting with the community it is based in. Thus, in practice, CSR operates under the presumption that society has granted authority to corporations with naturally applying legal responsibilities.[74] In 2000 John Ruggie conducted research in the Fortune Global 500 and a wider range of corporations to assess the extent and success of voluntary initiatives promoting human rights. Staff monitoring schemes had evolved, demands by socially responsible investors had grown, and large public sector funds all aided in this development. However, the research also found 'company-based initiatives fell short as a stand-alone approach'.[75] Most companies still did not have the capabilities of managing human rights risks and instead were acting on a reactive based notion. Moreover, it was within the company's discretion to decide which human rights the company would address and furthermore how to define its measures. Thus, their voluntary nature could often be used as a camouflage to delay real reform.[76] A logical response to such a broad limitation would be to impose direct obligations under international law upon MNCs. Though only states and international organizations have legal standing in international law, the general view on this contention is that it would be possible to impose obligations upon MNCs due to their major economic and political influence as explained earlier, and their capabilities of influencing the enjoyment of human rights.[77] However, as explained by Zerk, the challenge lies in 'developing jurisprudence which refines and makes precise the vague aspirational statements [.] in the CSR debate'.[78] However, as the law stands, the most promising and efficient method for applying obligations on multinational corporations remains to be the national courts. Yet the fact that claims must be raised as a tort-based litigation proving a violation of domestic tort principles rather than claiming a violation under international human rights casts doubt over this method. An interesting exception to this is the US Alien Tort Statute of 1789. The tort states that district courts 'have original jurisdiction of any civil action by an alien for a tort only, committed in violations of the law of nations or a treaty of the United States'.[79] The original intention of the statute was to establish a civil remedy for violation of international law norms such as piracy, mistreatment of ambassadors and the violation of safe conducts.[80] This piece of legislation lay dormant until the 1980s when human rights lawyers discovered its potential for foreign plaintiffs to raise a claim for certain human rights abuses against an individual of any nationality, or a corporation as long as they had a presence in the United States. The question whether the Act could be enforced against a corporation was considered in 2012 in the U.S. Supreme Court case of Kiobel.[81] The court held that there was a presumption against extraterritoriality applying to claims under the Statute. There is therefore no application of the statute abroad unless it is explicitly stated in the international law which is the subject of the claim.[82] As stated by John Ruggie in his advice to the Human Rights Council in 2007 'no single silver bullet can resolve the business and human rights challenge. A broad array of measures is required, by all relevant actors.'[83] Ultimately, as a measure to seek guidance on the matter, this led to the UN Global Compact in 2000, the largest global CSR initiative.[84] The UN Global Compact was a strategic policy initiative posed by the former UN Secretary General Kofi Annan that aimed at improving corporate conditions in areas such as human rights, environmental protection and labour rights.[85] It was a prospective and hopeful initiative that was designed as a learning forum to develop, implement and disclose sustainability principles among corporate actors.[86] At its time, the Global Compact was the most far-reaching, non-governmental set of policies aimed at catalyzing the voluntary nature in the corporate citizenship movement.[87] Legal scholars such as Meyer and Stefanova felt the Global Compact could shape the relationship between MNCs and human rights through 'rewarding responsible TNCs [MNCs], while shaming at least some of the irresponsible TNCs [MNCs] into better promoting human rights'.[88] Their only concern about the extent of the success of the Global Compact lay, in the Global Compact's voluntary nature. Comparing it to the OECD Guidelines implemented 25 years earlier, an initiative like the Global Compact will only be successful if there is commitment to the initiative at all levels of the international system. Thus, the main task is to put a human face on globalization through the values and principles shared by the people, the corporation and the state.[89] However, Aravalo and Fallon dispute this. Published in 2008, their Report uses the Compact Quarterly and UNGC Annual Review to critique the Global Compact's activities and practices throughout its eight years of existence. Published by local networks and the UN respectively, they evaluate new businesses adhering to the Global Compact, as well as Global Compact practices and responses. Aravalo and Fallon found that after evaluating the various progress reports, the Global Compact falls short of being a successful initiative. According to the UNGC Annual Review, there are a multitude of gaps existing in the Global Compact framework. Research instruments for instance, under the principles of human rights and labour protection, have been deemed as inadequate as participants have failed to voice their concern over the protection of such rights within their corporation. The Global Compact has solely used online surveys to administer data, which smaller businesses are often unwilling or unable to provide. The methodology applied by the Global Compact was ambiguous and did not show the extent of the success of CSR initiatives.[90] Alavaro and Fallon argue that it would be highly beneficial for the Global Compact to re-think its methodology process of evaluating its success by introducing a chronological component into its future research models. [91] It would allow for a clearer comparison not only for participants of the Global Compact, but also for the comparison with non-Compact companies in the area of corporate responsibility.[92] As a result of this poor research methodology, the Global Compact has difficulty assessing its direct influence on the broad and voluntary concept of CSR. There are key principles of CSR that fail to receive the attention they deserve in the scope of the Global Compact. However, this is not to say that the Global Compact has been an outright failure. The Annual Review, though lacking quantifiable data, has provided a wide array of case studies providing evidence for the practical influence of the Global Compact on participants. These include programs in education and working relationships the Global Compact has encouraged and facilitated. It can be said therefore, that the Global Compact is making a difference, even if only in these cases. Until shortly after the turn of the millennium, neither company codes nor multilateral initiatives such as Global Compact, successfully achieved the necessary, concrete obligations in regard to human rights and environmental protection demands. This was set to change with the arrival of the United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises (Norms). Drafted in 2003, the United Nations Sub-Commission on the Promotion and Protection of Human Rights attempted to merge the concepts of MNCs and human rights and transform these newly developed principles into hard law. The intention was to impose human rights obligations upon companies through the domestic legal systems of their host countries. The Norms clearly express that 'states retain primary, overarching responsibility for human rights protection' and that corporations are identified as 'Duty-bearers' based on that expectation of following human rights principles.[93] The expectations expressed by the Norms are supported by enforcement mechanisms for their implementation which address the requirements that MNCs must adopt in terms of their internal practice. Furthermore, there are a multitude of rights that go beyond what is traditionally accepted as international human rights law. Examples include rights associated with consumer protection, the environment or corruption which are covered by different areas of the law.[94] However, the Norms failed to achieve promising results. Described as a 'train wreck' by John Ruggie, the Norms fell under heavy criticisms for a plethora of reasons. Firstly, the Norms fall under heavy scrutiny for attempting to impose obligations upon corporations, while simultaneously imposing parallel obligations on the state. The intention was to address the fact that MNCs operate in a legal vacuum due to their status of acting as a multinational. To alleviate this issue, it was thought that binding MNCs to hard international law would be the best option. On the one hand, minimalists argue that binding multinational corporations to international law is not an appropriate method as this would go beyond the concept of soft law initiatives such as Global Compact. This argument is developed by stating that binding corporations to international law would 'privatise human rights'. The Norms would be placing obligations on an entity that was never democratically elected, nor eligible to make reasonable decisions in regard to human rights at the level of international law.[95] On the other hand, maximalists lobby for a judicial body solely focused on the practice of multinational corporations and argue that corporations should be bound by international law.[96] Secondly, there was severe backlash against the Norms from states, corporations and businesses who argued that there was a lack of consultation from the Sub-Commission when drafting the Norms. However, this argument has since been disputed by institutions such as the Corporate Europe Conservatory or the scholars Weissbrodt and Kruger.[97] In regard to the discontent presented by states, many argued that there was a lack of involvement on their behalf in the Norms' development. As stated by Kinely, Nolan and Zerial, it is of vital importance that in issues revolving around CSR and their wide variety of stakeholders, everyone's voice must be heard when protecting human rights.[98] Thirdly, issues were raised regarding the language used by the Norms. Terms like 'sphere of influence'[99] and 'complicity' were deemed as vague and unclear.[100] It is agreed upon, even by supporters of the Norms, that such terms must be defined more definitively and where possible, draw definitions from more grounded areas of the law like criminal law, tort or contract law. This attitude towards the Norms from corporations shows the extent of their distrust and the scare factor used to attempt to dismantle the Norms.[101] However, even though the Norms failed as a concept, as Kinley, Nolan and Zerial maintain, 'the Norms have been a beneficial and fruitful initiative, reinvigorating debate on business and human rights'.[102] Previous to the imposition of the Norms, CSR had found itself in a position that was stagnant, focusing solely on codes of conduct that should be implemented by corporations using a bottom-up approach. The Norms altered the position of CSR to now provide a top-down approach and provided human rights activists with hope that human rights protection in regard to multinational corporations was now in the hands of the United Nations. However, the reactions to the Norms from the CSR community varied. CSR had been a newly emerging concept which was still unclear when fitted into the international legal order. It was still in its early years of development with highly broad-reaching initiatives in the fields of both soft and hard law. The playing field for CSR was simply too big for such an underdeveloped concept to handle. Further, it was attempted to implement CSR through domestic laws and quasi-legal initiatives raised to the level of international law. It is therefore often perceived that the implementation of the Norms were an attempt to remedy CSR by uniting these various aspects into one document at the level of the United Nations. The Norms conjoined national and international levels of CSR while maintaining that states continued to hold the primary responsibility of ensuring that businesses protect human rights. The world was a 'deeply divided arena of discourse and contestation lacking shared knowledge, clear standards and boundaries; fragmentary and often weak governance systems concerning business and human rights in states and companies alike'.[103] A range of governments still expressed their demand for further attention to be given to the relationship between human rights and the practices of multinational corporations. Thus, the United Nations appointed a team led by John Ruggie to establish the Guiding Principles. Rather than establishing a new international framework as was previously attempted with the Norms, Ruggie was 'urged [.] to focus on identifying and promoting good practices and providing companies with tools to enable them to deal voluntarily with the complex cluster of business and human rights challenges'.[104] Ruggie moved away from the traditional 'mandatory approach' which involved the compliance of national laws in correspondence to a corporation's voluntary measures and practices, to a heterodox approach. This heterodox approach was devised to create an environment of mixed reinforcing policy measures that provided cumulative change and large-scale success. The Guiding Principles lay on three foundations: (1) the state duty to protect against human rights abuses; (2) the responsibility by corporations to respect human rights and the implied obligation of acting in due diligence; and (3) the need for greater access to remedies for victims. However, there are two things that the Guiding Principles fail to accomplish. Firstly, to create binding international law and instead rely on normative contributions which further elaborate the implications of existing standards. Secondly, the Guiding Principles 'fail to ensure the right to an effective remedy and the need for States' measures to prevent abuses committed by their companies overseas'.[105] Amnesty International goes further by reiterating that aside from lacking accountability measures, the Guiding Principles should mandate a due diligence approach rather than only recommending it, as this would solve internal as well as extraterritorial accountability issues. Alongside Amnesty International, Human Rights Watch criticized the Guiding Principles for not adopting a global standard in corporate responsibility, and instead resort to a 'sliding scale' based on a corporation's size and geographic location.[106] However, when compared to other governance regimes in the past and present, the Guiding Principles seem to be a robust framework. Although various human rights organizations and NGOs identify neglect of human rights in the framework of MNCs, the Guiding Principles reiterate business as an instrument to contribute to societal welfare.[107] Thus, it acts as a basis for the empowerment of society and a benchmark to judge practices and conduct of corporations and governments.[108] Conclusion The discourse of the co-emergence of multinational corporations and human rights took the world by storm. The ongoing globalization of multinational corporations and the evolution of the concept of human rights were born attending different aims in the global legal order. Their greatest challenge however was not necessarily their harmonization and co-existence, but more importantly co-existing under the intentional gap created through the world's largest and most influential actor, the United Nations. This was clearly visible in the 1960s and 1970s. Throughout the various Reports and Declarations that were passed through the international institution, the two concepts were kept separate. While the United Nations was enthusiastic for the growth of both MNCs and human rights, it intentionally avoided discussing the harmonization of both concepts. Due to the underlying pressures imposed on the United Nations by the tensions from the Cold War, the UN was left in a legal vacuum unable to merge the two distinctive genealogies. The global international legal order was unaware of the extent of the importance of such a gap being eradicated before adopting a resolution as complex as the NIEO. Thus, from this point onwards, the NIEO was therefore already bound to be unsuccessful. Not only had international law not developed enough to impose such obligations upon MNCs, the corporations themselves were not aware of the ramifications and necessity for abiding human rights obligations as I showed in the third section of this dissertation. Enthusiasm for further initiatives such as the push by the G77 or the United Nations Commission on Transnational Corporations was only short lived. The events of the 1980s greatly disrupted the already turbulent environment of the global international legal order creating a greater gap between the concepts of multinational corporations and human rights. The 1980s became a stage which saw a great change in the global legal structure. The NIEO was an already broken concept from the outset as the conceptual gap had already created a disparity in the relationship between MNCs and human rights. This meant that although they were not aware of it at the time, the Global South could not rely on the imposition of the NIEO. Fostering the Western neoliberal policies, the conceptual gap between MNCs and human rights was now well established. For human rights to become a globally instructed concept, MNCs are a useful tool to spread, promote and enhance human rights across the globe. This of course is under the condition that the MNC does not violate human rights. From the other perspective MNCs rely on human rights in terms of their societal and financial risks. It becomes clear that when this is not realized by the proponents of both concepts, it can lead to major discrepancies and disparities as was proven in the Global South during this period. If there had not been this conceptual gap, and instead there had been a clear and devised relationship between MNCs and human rights, the effects of the oil crisis and neoliberalism would not have left the detrimental mark in developing countries that they did, potentially allowing the NIEO to prevail. However, the ongoing persistence of developing countries and their call for the third generation of human rights to gain prominence forced MNCs to catch up with their relationship to human rights. What emerged, were essentially the first initiatives and practices of CSR. CSR was heavily affected by the fact that it relied on the voluntary nature of businesses to adhere to as well as practice CSR. Even though corporations had an incentive to adopt CSR measures, weak monitoring systems allowed violations to still occur on a grand scale. The issue was that the multinational corporation as a concept was still unclear and lacked definition and that tying MNCs down with hard international law was not possible due to the diversity of MNCs. CSR allowed for too large a divergence from the issue at hand and required to approach human rights at a different angle. This was the key reason for the partial success of the Guiding Principles. Ruggie's unconventional, heterodox approach provided clarity and distinct concepts that individuals, business and states could adhere to. Although the conceptual gap has still not vanished, the UN has after an array of various attempts, managed to narrow the gap that it had created almost sixty years ago by continuously forcing society to rethink and redefine the relationship. What exactly lies in the future is uncertain and impossible to foresee. It can be said with great certainty however, that if initiatives such as Global Compact or the Guiding Principles are enhanced and given more attention, the world will be faced with a much clearer and concise relationship between multinational corporations and human rights. Focusing on monitoring mechanisms, methodological research and greater transparency and accountability among all actors involved will undoubtedly seal the conceptual gap that has caused the international legal order to experience such unsettling times. [1] Pahuja, Sundhya. Saunders, Anna. Rival Worlds and the place of the Corporation in International Law in Dann and Von Bernstorff (eds). Decolonisation and the Battle for International Law (OUP, 2018) p.1 [2] Ibid. [3] UN, Multinational Corporations in World Development ST-ECA/190 [4] Linarelli, John. Salomon, Margot. Sornarajah M. The Misery of International Law. (OUP, 2018) p.245 [5] Ruggie, John. Just Business. (W.W. Norton & Company, 2013) p.70 [6] United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises E/CN.4/Sub.2/2003/12/Rev.2 [7] Alston, Philip. Mégret, Frédéric. (eds) The United Nations and Human Rights: A Critical Appraisal (Second Edition, OUP, 2020) p.1 [8] Clapham, Andrew. Human Rights: A Very Short Introduction (OUP, 2007) p.42 [9] (n.8) p.108. [10] ibid . p.109 [11] Allina, Eric. Imperialism and the Colonial Experience in Paul A. Haslam, Jessica Schafer and Pierre Beaudet, Introduction to International Development (3rd Edition, OUP, 2017), pp. 24-42. p.39 [12] Ibid. p. 40 [13] Sornarajah M. International Law on Foreign Investment (CUP, 2010) p.5 [14] United Nations Department of Economic and Social Affairs, Multinational Corporations in World Development, 1973 ST-ECA/190 p.VI [15] ibid. p.1 [16] ibid. [17] Joseph, Sarah. Castan, Melissa. The International Covenant on Civil and Political Rights: Cases, Materials. (3rd Edition, OUP, 2013) p.4 [18] ibid. p.5 [19] ibid. [20] Alston, Philip. U.S. Ratification of the Covenant on Economic, Social And Cultural Rights: The Need for an Entirely New Strategy. The American Journal of International Law Vol.84, No.2 (CUP,1990) pp.365-393, p.4 [21] UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 1966, Article 1 [22] Simpson, Gerry. The Diffusion of Sovereignty: Self-Determination in the Post-Colonial Age (Ashgate Publishing, 2000) p.266 [23] Ibid. [24] Organisation for Economic Cooperation and Development, OECD Guidelines for Multinational Enterprises, 1976 [25] Carasco, Emily. Singh, Jang. Towards Holding Transnational Corporations Responsible for Human Rights. European Business Review Vol.22, No.4, (Emerald Publishing Group, 2010). p.4 [26] Cernic, Jernei. Corporate Responsibility for Human Rights: A Critical Analysis of the OECD Guidelines for Multinational Enterprises Hanse Law Review, Vol.4, No.1, (2008). p.16 [27] Ibid. p. 12 [28] Sanchez, Juan Carlos Ochoa. "The Roles and Powers of the OECD National Contact Points Regarding Complaints on an Alleged Breach of the OECD Guidelines for Multinational Enterprises by a Transnational Corporation." Nordic Journal of International Law (2015) Vol.84, No.1, pp: 89-126 p. 18 [29] Bolt, Cassidy. "Leveraging Reputation in Implicit Regulation of MNEs: An Analysis of the OECD Guidelines for Multinational Enterprises' Capacity to Influence Corporate Behavior." Corporations and International Law, 20 Jan. 2018, Available at: sites.duke.edu/corporations/2018/01/20/leveraging-reputation-in-implicit-regulation-of-mnes-an-analysis-of-the-oec
In: Decision analysis: a journal of the Institute for Operations Research and the Management Sciences, INFORMS, Volume 8, Issue 4, p. 322-327
ISSN: 1545-8504
Ali E. Abbas (" From the Editors: Probability Scoring Rules, Ambiguity, Multiattribute Terrorist Utility, and Sensitivity Analysis ") is an associate professor in the Department of Industrial and Enterprise Systems Engineering at the University of Illinois at Urbana–Champaign. He received an M.S. in electrical engineering (1998), an M.S. in engineering economic systems and operations research (2001), a Ph.D. in management science and engineering (2003), and a Ph.D. (minor) in electrical engineering, all from Stanford University. He worked as a lecturer in the Department of Management Science and Engineering at Stanford and in Schlumberger Oilfield Services, where he held several international positions in wireline logging, operations management, and international training. He has also worked on several consulting projects for mergers and acquisitions in California, and cotaught several executive seminars on decision analysis at Strategic Decisions Group in Menlo Park, California. His research interests include utility theory, decision making with incomplete information and preferences, dynamic programming, and information theory. Dr. Abbas is a senior member of the IEEE and a member of the Institute for Operations Research and the Management Sciences (INFORMS). He is also an associate editor for the Decision Analysis and Operations Research journals of INFORMS. Address: Department of Industrial and Enterprise Systems Engineering, College of Engineering, University of Illinois at Urbana–Champaign, 117 Transportation Building, MC-238, 104 South Mathews Avenue, Urbana, IL 61801; e-mail: aliabbas@illinois.edu . J. Eric Bickel (" From the Editors: Probability Scoring Rules, Ambiguity, Multiattribute Terrorist Utility, and Sensitivity Analysis ") is an assistant professor in both the Graduate Program in Operations Research (Department of Mechanical Engineering) and the Department of Petroleum and Geosystems Engineering at the University of Texas at Austin. In addition, Professor Bickel is a fellow in both the Center for International Energy and Environmental Policy and the Center for Petroleum Asset Risk Management. He holds an M.S. and Ph.D. from the Department of Engineering–Economic Systems at Stanford University and a B.S. in mechanical engineering with a minor in economics from New Mexico State University. His research interests include the theory and practice of decision analysis and its application in the energy and climate-change arenas. His research has addressed the modeling of probabilistic dependence, value of information, scoring rules, calibration, risk preference, education, decision making in sports, and climate engineering as a response to climate change. Prior to returning to academia, Eric was a senior engagement manager for Strategic Decisions Group. He has consulted around the world in a range of industries, including oil and gas, electricity generation/transmission/delivery, energy trading and marketing, commodity and specialty chemicals, life sciences, financial services, and metals and mining. Address: Graduate Program in Operations Research, University of Texas at Austin, 1 University Station, C2200, Austin, TX 78712-0292; e-mail: ebickel@mail.utexas.edu . Vicki M. Bier (" From the Editors: Probability Scoring Rules, Ambiguity, Multiattribute Terrorist Utility, and Sensitivity Analysis" and "Target-Hardening Decisions Based on Uncertain Multiattribute Terrorist Utility ") is a full professor in the Department of Industrial and Systems Engineering at the University of Wisconsin–Madison, where she is currently department chair and also directs the Center for Human Performance and Risk Analysis. She is also the president of the Decision Analysis Society. Her research interests include applications of operations research, risk analysis, and decision analysis to problems of homeland security and critical infrastructure protection. Address: Department of Industrial and Systems Engineering, University of Wisconsin–Madison, Mechanical Engineering Building, Room 3270A, 1513 University Avenue, Madison, WI 53706; e-mail: bier@engr.wisc.edu . David V. Budescu (" From the Editors: Probability Scoring Rules, Ambiguity, Multiattribute Terrorist Utility, and Sensitivity Analysis ") is the Anne Anastasi Professor of Psychometrics and Quantitative Psychology at Fordham University. He held positions at the University of Illinois and the University of Haifa, and visiting positions at Carnegie Mellon University, University of Gotheborg, the Kellogg School of Management at Northwestern University, the Hebrew University, and the Israel Institute of Technology (Technion). His research is in the areas of human judgment, individual and group decision making under uncertainty and with incomplete and vague information, and statistics for the behavioral and social sciences. He is on the editorial boards of Applied Psychological Measurement; Decision Analysis; Journal of Behavioral Decision Making; Journal of Mathematical Psychology; Journal of Experimental Psychology: Learning, Memory & Cognition (2000–2003); Multivariate Behavioral Research; Organizational Behavior and Human Decision Processes (1992–2002); and Psychological Methods (1996–2000). He is past president of the Society for Judgment and Decision Making (2000–2001), fellow of the Association for Psychological Science, and an elected member of the Society of Multivariate Experimental Psychologists. Address: Department of Psychology, Fordham University, Bronx, New York, NY 10458; e-mail: budescu@fordham.edu . John C. Butler (" From the Editors: Probability Scoring Rules, Ambiguity, Multiattribute Terrorist Utility, and Sensitivity Analysis ") is a clinical associate professor of finance and the academic director of the Energy Management and Innovation Center in the McCombs School of Business at the University of Texas at Austin, and he is the secretary/treasurer of the INFORMS Decision Analysis Society. Butler received his Ph.D. in management science and information systems from the University of Texas at Austin in 1998. His research interests involve the use of decision science models to support decision making, with a particular emphasis on decision and risk analysis models with multiple performance criteria. Butler has consulted with a number of organizations regarding the application of decision analysis tools to a variety of practical problems. Most of his consulting projects involve use of Visual Basic for Applications and Excel to implement complex decision science models in a user friendly format. Address: Energy Management and Innovation Center, McCombs School of Business, University of Texas at Austin, Austin, TX 78712-1178; e-mail: john.butler2@mccombs.utexas.edu . Stephen P. Chambal (" A Practical Procedure for Customizable One-Way Sensitivity Analysis in Additive Value Models ") earned a Ph.D. from Arizona State University in industrial engineering and is vice president for the Perduco Group responsible for strategic business development for federal services. The Perduco Group provides high-end operations research and business intelligence support to the Department of Defense. Dr. Chambal recently retired from the U.S. Air Force after more than 24 years of honorable service. Most recently, he served as the director of Operational Analysis for the Air Force Institute of Technology. Dr. Chambal enlisted in the Air Force in 1986 and obtained his commission from the Air Force Academy in 1993. He held various assignments within the scientific analysis career field, including test, space, and special programs and has authored or coauthored numerous articles, white papers, and conference presentations. Address: 256 Earlsgate Road, Dayton, OH 45440; e-mail: stephen.chambal@theperducogroup.com . Philippe Delquié (" From the Editors: Probability Scoring Rules, Ambiguity, Multiattribute Terrorist Utility, and Sensitivity Analysis ") is an associate professor of decision sciences at the George Washington University and holds a Ph.D. from the Massachusetts Institute of Technology. Professor Delquié's teaching and research are in decision, risk, and multicriteria analysis. His work addresses behavioral and normative issues in preference assessment, value of information, nonexpected utility models of choice under risk, and risk measures. Prior to joining the George Washington University, Delquié held academic appointments at INSEAD, École Normale Supérieure, France, and the University of Texas at Austin, and visiting appointments at Duke University's Fuqua School of Business. Address: Department of Decision Sciences, The George Washington University, Funger Hall, Suite 415, Washington, DC 20052; e-mail: delquie@gwu.edu . Alex J. Gutman (" A Practical Procedure for Customizable One-Way Sensitivity Analysis in Additive Value Models ") is a research associate for the Air Force Institute of Technology's (AFIT) Center for Operational Analysis. He holds an M.S. and B.S. in mathematics from Wright State University and is currently a Ph.D. student at AFIT. His research interests include decision analysis, algorithm design, and design of experiments. He is a member of the Institute for Operations Research and the Management Sciences (INFORMS), the Military Operations Research Society (MORS), and the International Test and Evaluation Association (ITEA). Address: Department of Operational Sciences, Air Force Institute of Technology, Dayton, OH 45433; e-mail: agutman@afit.edu . David J. Johnstone (" Tailored Scoring Rules for Probabilities ") is the National Australia Bank Professor of Finance at the University of Sydney. He holds a Ph.D. from the University of Sydney. His research is primarily in the statistical foundations of financial markets and financial decisions. His professional activities involve more conventional subjects in finance, particularly business valuation and capital budgeting. Address: Discipline of Finance H69, University of Sydney Business School, Sydney NSW 2006, Australia; e-mail: david.johnstone@sydney.edu.au . Victor Richmond R. Jose (" Tailored Scoring Rules for Probabilities ") is an assistant professor of Operations and Information Management in the McDonough School of Business at Georgetown University. His main research interests lie in decision analysis and the use of Bayesian statistical methods in management science, operations research, and risk analysis. Address: Operations and Information Management Department, McDonough School of Business, Georgetown University, Washington, DC 20057; e-mail: vrj2@georgetown.edu . Yucel R. Kahraman (" A Practical Procedure for Customizable One-Way Sensitivity Analysis in Additive Value Models ") is a recent graduate of the Air Force Institute of Technology, where he received his M.Sc. in operations research. He graduated from ISIKLAR Military High School in Bursa in 1985 and entered the Turkish Air Force Academy in Istanbul. He graduated in 1993 with a bachelor's degree in aeronautical engineering. He completed pilot training at Laughlin AFB in Del Rio, Texas, and has flown fighter aircraft for the Turkish Air Force for 10 years. Address: Department of Operational Sciences, Air Force Institute of Technology, 2950 Hobson Way, WPAFB, Ohio 45433-7765; e-mail: yucelrkahraman@gmail.com . L. Robin Keller (" From the Editors: Probability Scoring Rules, Ambiguity, Multiattribute Terrorist Utility, and Sensitivity Analysis ") is a professor of operations and decision technologies in the Merage School of Business at the University of California, Irvine. She received her Ph.D. and M.B.A. in management science and her B.A. in mathematics from the University of California, Los Angeles. She has served as a program director for the Decision, Risk, and Management Science Program of the U.S. National Science Foundation (NSF). Her research is on decision analysis and risk analysis for business and policy decisions and has been funded by NSF and the U.S. Environmental Protection Agency. Her research interests cover multiple attribute decision making, riskiness, fairness, probability judgments, ambiguity of probabilities or outcomes, risk analysis (for terrorism, environmental, health, and safety risks), time preferences, problem structuring, cross-cultural decisions, and medical decision making. She is currently Editor-in-Chief of Decision Analysis, published by the Institute for Operations Research and the Management Sciences (INFORMS). She is a Fellow of INFORMS and has held numerous roles in INFORMS, including board member and chair of the INFORMS Decision Analysis Society. She is a recipient of the George F. Kimball Medal from INFORMS. She has served as the decision analyst on three National Academy of Sciences committees. Address: Merage School of Business, University of California, Irvine, Irvine, CA 92697-3125; e-mail: lrkeller@uci.edu . Kenneth C. Lichtendahl Jr. (" From the Editors: Probability Scoring Rules, Ambiguity, Multiattribute Terrorist Utility, and Sensitivity Analysis ") is an assistant professor who teaches quantitative analysis courses in Darden's MBA program at the University of Virginia. His research focuses on eliciting, evaluating, and combining expert probability forecasts for use in dynamic decision situations. His current research projects include the performance of inference in Bayesian models of dynamic expert forecasts and the formulation optimal strategies in forecasting competitions. Lichtendahl joined the Darden faculty in 2006. Previously, he served as a visiting instructor in the economics department at Duke University. Currently, he also serves as a business consultant and director for the Tradewinds Beverage Company, which he cofounded in 1992. Address: Darden School of Business, University of Virginia, 100 Darden Boulevard, Charlottesville, VA 22903; e-mail: lichtendahlc@darden.virginia.edu . Jason R. W. Merrick (" From the Editors: Probability Scoring Rules, Ambiguity, Multiattribute Terrorist Utility, and Sensitivity Analysis ") is a professor in the Department of Statistical Sciences and Operations Research at Virginia Commonwealth University. He has a D.Sc. in operations research from George Washington University. He teaches courses in decision analysis, risk analysis, and simulation. His research is primarily in the area of decision analysis and Bayesian statistics. He has worked on projects ranging from assessing maritime oil transportation and ferry system safety, the environmental health of watersheds, and optimal replacement policies for rail tracks and machine tools. He has received grants from the National Science Foundation, the Federal Aviation Administration, the U.S. Coast Guard, the American Bureau of Shipping, British Petroleum, and Booz-Allen-Hamilton, among others. He has also performed training for Infineon Technologies, Wyeth Pharmaceuticals, and Capital One Services. He is an associate editor for Decision Analysis and Operations Research. He is the information officer for the Decision Analysis Society. Address: Department of Statistical Sciences and Operations Research, Virginia Commonwealth University, Richmond, VA 23284; e-mail: jrmerric@vcu.edu . Ahti Salo (" From the Editors: Probability Scoring Rules, Ambiguity, Multiattribute Terrorist Utility, and Sensitivity Analysis ") is a professor of systems analysis in the Department of Mathematics and Systems Analysis at Aalto University. His research interests include topics in portfolio decision analysis, multicriteria decision making, risk management, efficiency analysis, and technology foresight. He is currently president of the Finnish Operations Research Society (FORS) and represents Europe and the Middle East in the INFORMS International Activities Committee. Recently, he has been appointed Editor-in-Chief of the EURO Journal on Decision Processes, launched by the Association of European Operational Research Societies (EURO). Professor Salo has been responsible for the methodological design and implementation of numerous high-impact decision and policy processes, including FinnSight 2015, the national foresight exercise of the Academy of Finland and the National Funding Agency for Technology and Innovations (Tekes). Address: Systems Analysis Laboratory, Aalto University, P.O. Box 11100, 00076 Aalto, Finland; e-mail: ahti.salo@aalto.fi . Chen Wang (" Target-Hardening Decisions Based on Uncertain Multiattribute Terrorist Utility ") is currently a Ph.D. student in the Department of Industrial and Systems Engineering at the University of Wisconsin–Madison. She holds a master's degree in industrial engineering also from the same department. Chen works as a research assistant in the Center for Human Performance and Risk Analysis, under the supervision of Professor Vicki M. Bier. Her research interests include application of operations research and decision analysis in security problems and critical infrastructure protection. Address: 3239 Mechanical Engineering, University of Wisconsin–Madison, 1513 University Avenue, Madison, WI 53706; e-mail: cwang37@wisc.edu . Jeffery D. Weir (" A Practical Procedure for Customizable One-Way Sensitivity Analysis in Additive Value Models ") is an associate professor in the Department of Operational Sciences at the Air Force Institute of Technology. He has a Ph.D. in industrial and systems engineering from Georgia Tech. He teaches courses in decision analysis, risk analysis, and multiobjective optimization. His research interests are in the areas of decision analysis and transportation modeling. A former officer in the U.S. Air Force, he has worked on a wide variety of projects ranging from scheduling and routing aircraft, determining the value of future intelligence information, assessing the impact of FAA regulation changes to passenger and aircrew safety, and mode selection for multimodal multicommodity distribution networks. He has received grants from the Defense Intelligence Agency, U.S. Transportation Command, Air Force Material Command, the Joint Improvised Explosive Device Defeat Organization, Air Force Research Laboratory, and Pacific Northwest National Laboratory, among others. Address: Department of Operational Sciences, Air Force Institute of Technology, Dayton, OH 45433; e-mail: jweir@afit.edu . Robert L. Winkler (" Tailored Scoring Rules for Probabilities ") is James B. Duke Professor in the Fuqua School of Business at Duke University and also holds an appointment in the Department of Statistical Science at Duke. His primary research areas include decision analysis, Bayesian statistics, probability forecasting, competitive decision making, and risk analysis. Address: Fuqua School of Business, Duke University, 100 Fuqua Drive, Box 90120, Durham, NC 27708-0120; e-mail: rwinkler@duke.edu . George Wu (" From the Editors: Probability Scoring Rules, Ambiguity, Multiattribute Terrorist Utility, and Sensitivity Analysis ") has been on the faculty of the University of Chicago Booth School of Business since September 1997. His degrees include A.B. (applied mathematics, 1985), S.M. (applied mathematics, 1987), and Ph.D. (decision sciences, 1991), all from Harvard University. Prior to joining the faculty at the University of Chicago, Professor Wu was on the faculty at Harvard Business School. Wu worked as a decision analyst at Procter & Gamble prior to starting graduate school. His research interests include descriptive and prescriptive aspects of decision making, in particular, decision making involving risk, cognitive biases in bargaining and negotiation, and managerial and organizational decision making. Professor Wu is a coordinating editor for Theory and Decision, an advisory editor for Journal of Risk and Uncertainty, and an associate editor of Decision Analysis. He is on the editorial board of the Journal of Behavioral Decision Making and is a former department editor of Management Science. Address: Booth School of Business, University of Chicago, 5807 South Woodlawn Avenue, Chicago, IL 60636; e-mail: wu@chicagobooth.edu . Alexander Zimper (" Do Bayesians Learn Their Way Out of Ambiguity? ") is a professor in the Department of Economics at the University of Pretoria and holds a Ph.D. in economics from the University of Mannheim. He started out as a specialist on iterative solution concepts for strategic games, but his current research interests concern topics in economic theory in the broadest sense. He does not believe that there is one big truth out there but rather that classical as well as bounded-rationality approaches provide us with structures that may improve—within their respective limits—our understanding of reality. His most recent work is on plausible refinements of Roy Radner's rational expectations equilibrium, existence and uniqueness of an equilibrium price function in a Lucas fruit-tree economy with ambiguous beliefs, overreaction and underreaction in asset markets, and optimal liquidity provision under demand deposit schemes. His work in decision theory mainly concerns dynamically inconsistent behavior arising from ambiguity attitudes and, in particular, Bayesian learning modeled within nonadditive probability spaces. Address: Department of Economics, University of Pretoria, Private Bag X20, Hatfield 0028, South Africa; e-mail: alexander.zimper@up.ac.za .
Mención Internacional en el título de doctor ; Ciberespacio: la última frontera. Aquí es donde empieza la nueva misión de los juristas en buscar nuevas formas de ejercicio de los derechos humanos. Afortunadamente, no es una misión de ciencia ficción, sino un desafío real, actual y lleno de oportunidades. Consideramos que es el mejor momento para proponer esta tesis e iniciar un trabajo de investigación sobre la dinámica del derecho en la era de las nuevas tecnologías. La tesis está fundamentada en la investigación de este nuevo espacio donde ha entrado el ser humano, titular de los derechos y libertades fundamentales. Como cualquier entorno nuevo, despierta la curiosidad, la necesidad de explorar, pero también la necesidad de estar seguro. El ser humano está programado genéticamente para proteger su vida, integridad y libertad en cualquier entorno, tanto físico como virtual. La ciberseguridad es un tema nuevo, que empezó a fomentar los debates solo desde 1988. Estados, empresas privadas y especialistas se dieron cuenta rápidamente de la necesidad de regular este campo, incluso adaptando el derecho internacional a las nuevas realidades. Los conflictos, eventos frecuentes en la sociedad humana, han migrado rápidamente del espacio físico al espacio virtual, al igual que las armas. Los virus informáticos, las aplicaciones invasivas y el software de espionaje sustituyen a las armas y herramientas de guerra clásicas. Las medidas de seguridad propuestas e implementadas por las autoridades estatales con responsabilidades en el ámbito de la seguridad nacional, así como por empresas privadas que desarrollan programas para combatir ciberataques, basados en medidas de ciber espionaje o hack-back1, se adaptan a los nuevos desafíos tecnológicos, pero evitan solucionar problemas importantes para el individuo como el respeto a sus derechos fundamentales, cuyo reconocimiento y regulación le han costado años de lucha y fundamentación filosófico-legal. En este contexto, cuando la vida del ciudadano se traslada, cada vez más al espacio virtual con todos sus elementos - banca por internet, telemedicina, información e investigación de fuentes digitales, comercio electrónico, citas virtuales, realidad virtual - se deben proponer medidas para proteger el ciberespacio que pueden ser diseñadas en correlación directa con las medidas de seguridad aplicadas en el entorno offline. Si el entorno offline está claramente determinado, y hay actores con papeles muy claros (estados, territorios administrativos, instituciones con responsabilidades en el campo de la seguridad y protección de los ciudadanos, etc.), el espacio virtual sigue siendo una jungla, sin límites conocidos y con incipientes formas de órganos de control, que deberían proteger a los usuarios vulnerables para no ser víctimas de los manipuladores digitales. En este momento, las Naciones Unidas a través de sus comisiones y grupos de expertos, ha asumido el papel de garante de los derechos humanos en el ciberespacio, interpretando las disposiciones de los tratados internacionales y elaborando recomendaciones, para ciber conflictos y alianzas entre Estados y grandes empresas con control tecnológico sobre Internet, tanto en términos de contenido como de conexiones informáticas. A nivel de la Unión Europea, el papel de las instituciones comunitarias, bien definido en el proceso de desarrollo y aplicación de las normas jurídicas, permite diseñar un marco jurídico coherente para la política de ciberseguridad, asegurando un sistema de protección eficaz basado en la cooperación entre los Estados miembros, al mismo tiempo con una protección efectiva de los derechos individuales en el entorno virtual. La tradición democrática de los estados europeos contribuye a la identificación de soluciones viables con respecto a la libertad del ciberespacio y la importancia del individuo en la sociedad. El surgimiento y el fortalecimiento del papel de ENISA en la política europea de ciberseguridad, ofrece la ventaja de estandarizar, centralizar y explotar de manera coherente los datos comunicados por los Estados miembros con el fin de desarrollar normativas bien fundamentadas. Asimismo, esta tesis estudia algunas categorías de derechos fundamentales para descubrir la forma en que se ven influenciados por la nueva realidad de la vida cotidiana. El entorno en el que se ha estudiado y conceptualizado estos derechos a lo largo de la historia, hasta la confirmación en diversos instrumentos de derecho internacional, ha cambiado profundamente. Las amenazas comienzan a ser diversas, y para los juristas no especializados en informática, es un gran reto identificar las brechas en los mecanismos informáticos que garanticen y protejan los derechos fundamentales cuando el individuo actúa en el entorno online. Es posible que la generación de juristas nativos digitales se haga cargo del trabajo de los juristas adaptados digitalmente y sea capaz de construir un sistema legal aplicable a este nuevo entorno de vida del individuo. Esto será posible solo dentro de 10 años, cuando la nueva generación creada en la era de las nuevas tecnologías, posea la capacidad de analizar y proponer soluciones legales. La investigación se centra en el derecho a la privacidad y los elementos que lo componen, siendo considerado como uno de los derechos fundamentales más vulnerables en el entorno online. Los derechos derivados, como el derecho al nombre, la identidad, el honor, la dignidad y la integridad física se están transformando y adquiriendo nuevos valores en la era de las nuevas tecnologías. Algunos de estos derechos se transforman, se trasladan al ciberespacio, se adhieren al ser virtual y se convierten en derechos digitales, propios del nuevo entorno social. En el contenido de la tesis se desarrolló un capítulo dedicado a esta nueva categoría de derechos en el que se intenta establecer sus contenidos y las formas de manifestación. Con respecto a los mecanismos necesarios para garantizar el ejercicio de los derechos y libertades fundamentales, el trabajo analiza los distintos niveles de protección: desde el nivel supranacional (internacional), hasta el regional y nacional, específico de cada Estado. Los mecanismos institucionales y jurisdiccionales están organizados en gran medida de acuerdo con las mismas reglas, guiándose por las regulaciones internacionales sobre derechos humanos, en particular, continuando con las regulaciones a nivel regional y estatal. En el nuevo contexto tecnológico, es necesario revisar dichos mecanismos para que mantengan la misma eficiencia deseada en el momento de su creación. Un punto importante de la investigación consiste en el análisis de las restricciones aplicadas a los derechos humanos bajo el imperio de la Ley. Sin referirse a las injerencias ilegales, sino analizamos la injerencia permitida por la ley, especialmente en nombre de la seguridad colectiva. Seguidamente, se muestran los debates y análisis destinados a establecer el punto de equilibrio entre la importancia de un derecho fundamental u otro. Tanto el derecho a la vida privada como el derecho a la seguridad se consideran fundamentales, pero no absolutos. Desde esta perspectiva, se deben establecer límites claros para que la protección de uno no afecte la integridad del otro. Los Estados a veces imponen medidas excesivamente restrictivas del derecho a la privacidad en nombre de la seguridad nacional, y el ciberespacio es el entorno adecuado para tales prácticas. Cualquier práctica de este tipo, situada a uno de los dos extremos, ya sea muy invasiva en la esfera personal o ineficaz desde una perspectiva de seguridad, debe ser reevaluada y relacionada con los derechos humanos, tanto desde una perspectiva individual como colectiva. Por ejemplo, el derecho a la vida privada o el derecho a la seguridad del ser humano puede, dentro de límites razonables, restringir el derecho de otra persona a expresarse o manifestar ciertas necesidades mentales en el espacio digital. Teniendo en cuenta los objetivos propuestos al principio, aplicando los métodos de investigación correspondientes y analizando la literatura, el marco normativo vigente y la jurisprudencia en derechos humanos, esta tesis identifica y enfatiza la interacción entre los derechos humanos fundamentales y los efectos sociales de las nuevas tecnologías, incluyendo las consecuencias sobre los derechos conexos. En este contexto particularmente dinámico, el mayor desafío para la nueva generación de juristas será adaptar el marco legal actual, a las nuevas realidades del mundo digital. Dado que las normas de derecho que rigen nuestra vida cotidiana han evolucionado lentamente y durante un largo período de tiempo, la rápida evolución tecnológica y la migración del individuo al espacio virtual requieren una urgente adaptación del marco legal a las nuevas realidades para que la Ley pueda mantener su misión de guardián del bienestar público. Además, esta nueva pandemia, origina y causa inciertos ampliamente cuestionado en el entorno online, ha provocado una restricción en masa de los derechos humanos similar a la última guerra mundial. Se ha restringido el derecho a la: libertad de circulación, manifestación, reunión, expresión, educación, trabajo e incluso el derecho a buscar la felicidad. Por la limitación de estos derechos la gente, por temor al enemigo invisible e incomprendido, aceptó sin oposición la mayor parte todas estas injerencias de las autoridades en su vida privada y en el conjunto de sus libertades fundamentales. Solo pequeños grupos de activistas continúan luchando por defender sus derechos fundamentales. No sabemos si este evento global llamado pandemia COVID 19 reescribirá la historia de los derechos fundamentales, pero es cierto que su impacto en el ámbito de las libertades individuales ha tenido un efecto muy fuerte e inquietante con respecto a otra transformación, incluida la revolución tecnológica. En estas condiciones, nos queda una única opción o desafío: defender al individuo, con todos sus atributos, en una sociedad dinámica, caracterizada por transformaciones atípicas. ; Spațiul cibernetic – ultima frontieră. Aici începe misiunea juriștilor în căutarea noilor forme de exercitare a drepturilor omului. Din fericire, nu este o misiune science- fiction, ci este o provocare reală, actuală și plină de oportunități. Consider că am ales cel mai bun moment pentru a propune această teza și a iniția o muncă de cercetare asupra dinamicii dreptului în era noilor tehnologii. Această eră este abia la început. Lucrarea de față pornește de la cercetarea acestui nou spațiu în care a pătruns ființa umană deținătoare a drepturilor și libertăților fundamentale. Ca orice mediu nou, stârnește curiozitatea, nevoia de a explora dar și nevoia de a fi în siguranță. Ființa umană este programată genetic să își protejeze viața, integritatea și libertatea în orice mediu s-ar afla, atât fizic cât și virtual. Securitatea spațiului cibernetic este o temă nouă, se discută despre acest subiect abia din anul 1988. Statele, companiile private și specialiștii au conștientizat rapid necesitatea reglementării acestui domeniu, inclusiv prin adaptarea dreptului internațional la noile realități. Conflictele, evenimente frecvente în societatea umană, au migrat rapid din spațiul fizic în spațiul virtual, la fel și armele. Virușii informatici, aplicațiile intruzive, softurile de spionaj iau locul clasicelor arme și unelte de război. Măsurile de securitate propuse și implementate de autoritățile statale cu atribuții în domeniul securității naționale, cât și de companiile private care dezvoltă programe de combatere a atacurilor cibernetice, bazate pe spionaj cibernetic sau măsuri de tipul hack-back se adaptează noilor provocări tehnologice, dar ocolesc teme importante pentru individ cum ar fi respectarea drepturilor sale fundamentale, a căror recunoaștere și reglementare au costat ani buni de luptă și fundamentare filosofico-juridică. În contextul în care viața cetățeanului migrează din ce în ce mai mult către spațiul virtual, cu toate elementele ei – internet banking, telemedicină, informare și cercetare din surse digitale, comerț electronic, virtual dating, virtual reality – măsurile de protecție a spațiului cibernetic trebuie gândite în directă corelare cu măsurile de securitate aplicate în mediul off-line. Dacă mediul off-line este clar determinat și există actori cu roluri clare (state, teritorii administrative, instituții cu atribuții în domeniul securității și siguranței cetățeanului etc.), spațiul virtual este încă o junglă, fără limite cunoscute și cu organisme XIV de supraveghere în stadiu incipient de dezvoltare care ar trebui să poată proteja utilizatorii vulnerabili în cazul în care devin victime ale unor manipulatori digitali. La acest moment Organizația Națiunilor Unite, prin comisiile și grupurile de experți, și-a asumat rolul de garant al drepturilor omului în spațiul cibernetic, interpretând prevederile tratatelor internaționale și elaborând recomandări pentru conflictele cibernetice și parteneriatul dintre state și marile companii care dețin controlul tehnologic asupra Internetului, atât din perspectiva conținutului cât și al conexiunilor informatice. La nivelul Uniunii Europene, rolul instituțiilor comunitare, fiind bine definit în ceea ce privește elaborarea și implementarea normelor de drept, permite creionarea unui cadru legal coerent în ceea ce privește politica de securitate cibernetică, asigurarea unui sistem efectiv de protecție bazat pe cooperarea dintre statele membre, dar și protecția efectivă a drepturilor individuale în mediul online. Tradiția democratică a statelor europene contribuie la identificarea unor soluții viabile în ceea ce privește libertatea spațiului cibernetic și importanța individului în societate. Apariția și întărirea rolului ENISA în politica europeană de securitate cibernetică oferă avantajul uniformizării, centralizării și exploatării coerente a datelor raportate de statele membre în vederea elaborării unor reglementări corect fundamentate. Teza studiază și categoriile de drepturi fundamentale din perspectiva modului în care acestea se văd influențate de noua realitate a vieții cotidiene. Mediul în care aceste drepturi au fost studiate și conceptualizate de-a lungul istoriei până la momentul proclamării lor în diverse instrumente de drept internațional, s-a schimbat profund. Amenințările încep să fie altele decât cele cunoscute, iar pentru juriști, eminamente atehnici, este o mare provocare identificarea breșelor din mecanismele de garantare și protecție a drepturilor fundamentale atunci când individul acționează în mediul online. Este posibil ca generația juriștilor nativi digitali să preia munca juriștilor adaptați digitali și să poată construi un sistem legal aplicabil acestui nou mediu de viață al individului, dar acest lucru va fi posibil abia peste 10 ani când noua generație, născută în epoca noilor tehnologii, va avea capacitatea de a analiza și propune soluții juridice. Cercetarea s-a focalizat cu precădere asupra dreptului la viață privată și a elementelor care îl compun, considerat fiind ca unul dintre cele mai vulnerabile drepturi fundamentale în mediul on line. Drepturile derivate, precum dreptul la nume, la identitate, la onoare, la demnitate, la integritate fizică se transformă și capătă noi valențe în era noilor tehnologii. O parte dintre aceste drepturi se transformă, migrează în spațiul cibernetic, se atașează ființei virtuale și devin drepturi digitale, specifice noului mediul de viață socială. În cuprinsul tezei a fost dezvoltat un capitol dedicat acestei noi categorii de drepturi în care se încearcă stabilirea conținutului și a formei de manifestare. În ceea ce privește mecanismele de garantare a exercițiului drepturilor și libertăților fundamentale, lucrarea analizează diversele niveluri de protecție: de la nivelul suprastatal (internațional), la cel regional și cel național, specific fiecărui stat. Mecanismele instituționale și jurisdicționale se organizează în mare parte după aceleași reguli fiind ghidate de reglementările internaționale în materia drepturilor omului, cu precădere, continuând cu reglementările la nivel regional și statal. În noul context tehnologic, inclusiv aceste mecanisme necesită o revizuire astfel încât să își poată păstra eficiența dorită la momentul creării lor. Un punct important al lucrării îl reprezintă analiza restrângerilor aplicate drepturilor omului sub imperiul legii. Așadar nu ne referim la ingerințele aflate în sfera ilegalului, ci la ingerințele permise de lege, în special în numele securității colective. Aici apar dezbaterile și analizele care vizează stabilirea punctului de echilibru între importanța unui drept fundamental sau al altuia. Atât dreptul la viață privată, cât și dreptul la securitate sunt considerate fundamentale, dar nu absolute. Din această perspectivă, trebuie stabilite limite clare astfel încât protejarea unuia să nu afecteze integritatea celuilalt. Uneori statele stabilesc măsuri restrictive exagerate asupra dreptului la viață privată în numele securității naționale, iar spațiul cibernetic este mediul propice pentru acest gen de practici. Orice practică de acest gen, aflată la una dintre cele două extreme, fie intrusivă în sfera personală, fie ineficientă din perspectiva securității, trebuie reevaluată și corelată cu drepturile omului, atât din perspectivă individuală cât și colectivă. De exemplu, dreptul la viață privată sau dreptul la securitate al ființei umane poate restrânge, în limite rezonabile, dreptul altei persoane de a se exprima sau de a-și manifesta anumite nevoi psihice în spațiul digital. Ținând cont de obiectivele propuse, cu aplicarea metodelor de cercetare asumate și analizând literatura de specialitate, cadrul normativ în vigoare și jurisprudența referitoare la drepturile omului, această teză identifică și subliniază interacțiunea dintre drepturile fundamentale ale ființei umane și efectele sociale ale noilor tehnologii, inclusiv consecințele asupra drepturilor conexe. În acest context deosebit de dinamic, cea mai mare provocare pentru noua generație de juriști va fi adaptarea cadrului legal în vigoare la noile realități ale lumii digitale. În condițiile în care normele de drept care ne guvernează viața de zi cu zi au avut o evoluție lentă și extinsă pe o perioadă lungă de timp, evoluția tehnologică rapidă și migrarea individului în spațiul virtual impun o adaptare urgentă a cadrului legal la noile realități astfel încât norma de drept să își poată păstra misiunea de gardian al binelui public. Mai mult, această nouă pandemie, cu origini și cauze incerte, aprig dezbătute în mediul online, a determinat o restrângere în masă a drepturilor omului poate la fel de acerbă cu cea provocată de ultimul război mondial. Ne-au fost restrânse pe rând dreptul la libertatea de mișcare, dreptul la întruniri, dreptul la manifestări, dreptul la exprimare, dreptul la educație, dreptul la muncă și inclusiv dreptul la căutarea fericirii. Iar oamenii, de teama inamicului nevăzut și neînțeles, au acceptat în cea mai mare parte toate aceste ingerințe ale autorităților în viața lor privată și în cercul libertăților lor fundamentale. Grupuri mici de activiști continuă lupta de apărare a drepturilor lor fundamentale. Nu știm dacă acest eveniment global numit pandemie va rescrie istoria drepturilor fundamentale, dar cert este că impactul lui asupra sferei libertăților individuale a avut un efect mult mai abrupt și mai intrusiv decât orice altă transformare, inclusiv cea tehnologică. În aceste condiții, ne rămâne o singură opțiune: aceea de a apăra individul, cu toate atributele sale, într-o societate dinamică, caracterizată de transformări atipice. ; Cyberspace - the last frontier. This is where the mission of the lawyers begins: to search new forms of human rights manifestation. Fortunately, it is not a science-fiction mission, but a real, current and full of opportunities challenge. We consider that this is the best-chosen moment to propose this paper and to initiate a research work on the dynamics of law under the era of new technologies. Because this era has just begun. This thesis aims to explore this new space where the human being, holder of fundamental rights and freedoms, has entered. Like any new environment, the digital world arouses curiosity, engages the human need to explore but also activates the need to be safe. The human being is genetically programmed to protect his life, integrity and freedom in any type of environment, no matter if is real or virtual. Cybersecurity is a new topic; this topic has been brought in public debates only since 1988. States, private companies and specialists have quickly become aware of the need of regulation in this area, including by adapting international law to new realities. Conflicts, as frequent events in human society, have rapidly migrated from physical to the virtual space. The weapons as well. Cyber viruses, spyware, worms, malware took the place of the classic weapons and tools of war. The proposed security measures were implemented by state authorities with responsibilities in the field of national security, as well as by private companies. The efforts made to develop programs to fight against cyber-attacks, based on cyber espionage or hack-back measures, must be adapted to ever new technological challenges, but not forgetting the important issues for the individual human being, such the respect for his fundamental rights, whose recognition and regulation have cost years of legal struggle and philosophical debates. In this context, where the life of the citizen migrates more and more to the virtual space, with all its elements - internet banking, telemedicine, information and research from digital sources, electronic commerce, virtual dating, virtual reality – protective measures for cyberspace must designed in direct correlation with the security measures applied in the offline environment. If the offline environment is clearly determined, populated with actors playing key roles (states, administrative territories, institutions with responsibilities in the field of XVIII security and safety of citizens, etc.), the virtual space is still a jungle, with unknown limits and incipient supervisory bodies struggling to protect vulnerable users against digital criminals. At this moment, the United Nations, through its commissions and expert groups, has taken on the role of human rights protector in cyberspace, interpreting the provisions of international treaties and developing recommendations for cyber conflicts and partnerships between states and large companies with technological control over the Internet, both in terms of digital content and computer connections. In the European Union, the specific role of the public institutions in the legal area allows drafting a coherent legal framework for cybersecurity policy, ensuring an effective system of protection based on cooperation between Member States, also bringing an effective protection of individual rights in the online environment. Also, the democratic tradition of Member States contributes in finding viable solutions regarding the freedom of cyberspace respecting, in the same time, the social importance of the human being. The creation on ENISA, with its determined role in the European cybersecurity policy, offers the advantage of a coherent approach in standardizing, centralizing and exploiting the data reported by Member States in order to develop well-founded regulations. The thesis also studies some categories of fundamental rights observing the new perspective of human liberty and privacy induced by technology and digitalization of reality. It is obvious that the initial environment where these rights have been studied and conceptualized has radically changed and their legal confirmation in the international law must be adapted to the new reality. The new digital threats to human fundamental rights are different from the known ones, and for the lawyers, who are non-technical by nature, it is a great challenge to identify the gaps in the informatics mechanisms of protecting fundamental rights when the person acts in the online environment. Maybe the generation of digital native lawyers will take over the work of digitally adapted lawyers and will be able to build a legal system applicable to this new living environment of the individual, but this success will be possible only after the next 10 years, when the new generation, born in the age of new technologies, will have the ability to analyze and propose legal solutions. The research focused mainly on the right to privacy and its legal components, being considered as one of the most vulnerable fundamental rights in the online environment. Connected human rights, such as the right to a name and to a nationality, identity, honor, dignity, physical integrity, are transforming and gaining new values in the era of technology. Some of these rights are reinvented and relocated into cyberspace, where they attach to the virtual human being and become digital rights, specific to the digital social environment. In the thesis there we dedicated a chapter to this new category of human liberties, aiming to establish the content and the limits of these new digital rights. Regarding the mechanisms for guaranteeing the exercise of fundamental rights and freedoms, the paper analyzes the various levels of protection: from the supranational (international) level, to the regional and national level, specific to each state. The institutional and jurisdictional mechanisms are largely organized according to the same rules, being guided by international human rights framework, at a global level, and particularly regulated by regional or local specific legal regulations. In the new technological context, these mechanisms need to be revised so that they can maintain their desired efficiency as the moment of their creation. Another important point of this paper is the analysis of the restrictions applied to human rights under the rule of law. So, we are not referring to any illegal interference, but we analyze the limitations allowed by law, especially in the name of collective security. This is the point where debates and analyzes converge in finding the perfect balance between the importance of one fundamental right to another. Both right to privacy and right to security are considered fundamental, but not absolute. From this perspective, clear boundaries must be set so that the exercise of one right does not affect the integrity of the other. Sometimes states impose overly restrictive measures on the right to privacy in the name of national security, and cyberspace is the perfect environment for such practices. Any practice situated at one of the two extremes, either intrusive in the personal sphere or inefficient from a security perspective, must be re-evaluated and correlated with the human rights, both from an individual and a collective perspective. For example, the right to privacy or the right to security of one person may interfere, in reasonable limits, with the right of another person to express himself or herself or to manifest certain psychical needs in the digital space. Fallowing the proposed objectives, applying the specific research methods and analyzing the legal literature, the regulatory framework and the jurisprudence on human rights, this thesis identifies and emphasizes the interaction between fundamental human rights and the social effects of the new technologies, including the consequences on related rights. In this particularly dynamic context, the biggest challenge for the new generation of lawyers will be to adapt the current legal framework to the new realities of the digital world. Given that the rules of law governing our daily lives have a long and slow evolution, this rapid technological revolution and the migration of the individual into virtual space urge for a quick adjustment of the legal framework to new realities so that the rule of law to be able to keep its mission of guardian of the public welfare. Moreover, this new pandemic, with uncertain origins and causes, hotly debated in the online environment, has led to a more severe human rights restriction than the last world war. We have been restricted in our right to freedom of movement, right to public meeting, right to manifestation, right to expression, right to education, right to work and even our right to pursue happiness. Under the fear of the unseen and unknown enemy, people accepted the most part all these interferences from the authorities in their private lives and in their circle of fundamental freedoms. Small groups of activists continue the fight to defend their fundamental rights. We do not know whether this global event called the pandemic will rewrite the history of fundamental rights, but it is certain that its impact on the individual freedoms has already determined a huge and more intrusive impact than any other transformation, including technological. Under these conditions, we have only one challenge: to defend the human individual in this dynamic society, with all its attributes, characterized by atypical transformations. ; Programa de Doctorado en Estudios Avanzados en Derechos Humanos por la Universidad Carlos III de Madrid ; Presidente: Carlos Ramón Fernández Liesa.- Secretario: María Pilar Trinidad Núñez.- Vocal: Radu Carp
President Biden has used the immigration authority known as "parole" to permit many immigrants to enter the country or remain in the country legally. But his actions have deep historical precedent. Under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), the Attorney General and later the Secretary of Homeland Security has had the authority to waive the normal restrictions on entry and allow certain noncitizens to enter the United States since 1952. Table 1 provides a list of 126 programmatic or categorical parole orders, meaning orders that were nationalized policies intended to permit the entry of certain defined types of noncitizens. This list is certainly not exhaustive. Until recently, programmatic or categorical uses of parole were often not publicized in any formal, consistent, or even public way. The Immigration and Naturalization Service (INS) would simply create internal guidance that would only become public if stakeholders or the media publicized it.
For example, one instance in Table 1 is an INS official in 1990 listing six separate categories for parole in operation at the time that no other document refers to before or since. That is an exceptional case. In many cases, however, Congress acknowledged these uses of parole through subsequent or previous congressional actions, allowing for parolees to adjust to legal permanent residence or receive refugee benefits. In some cases, it just acknowledged that these procedures were in effect or expressed support for them. This list helps dispel some myths. Since the creation of the parole power in the Immigration and Nationality Act of 1952—which codified executive powers already in use—Congress has substantively amended the parole authority twice: in the Refugee Act of 1980 (P.L. 96–212, March 17, 1980), barring refugees from being paroled into the United States, and in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208), which made two statutory changes. First, the standard for paroling someone changed from "emergent" or "public interest" reasons to "urgent humanitarian" or "significant public benefit" reasons. Second, each determination had to be made on a case‐by‐case basis. Few at the time thought these changes were substantive, and the categorical parole regulations then in effect were reenacted verbatim. Moreover, the case‐by‐case basis requirement was in effect for decades, including for large‐scale programmatic uses of parole, such as for Cubans and Vietnamese. Case‐by‐case determinations always meant an individual determination, even if someone's categorization created a presumption that they met the "emergent/humanitarian" or "public interest/significant public benefit" requirement. In many cases, these parole programs have received almost no attention in many years but contain precedents that the current administration should consider reimplementing. For example, parole used to be available in 1990 for children aging out of eligibility for green cards. In the 1950s, it was used for the employment‐based first preference category (skilled immigrants) when immigrant visas were unavailable under the cap. These two issues are particularly relevant now, with the employment‐based cap being exhausted even for Nobel laureates and their children. Unfortunately, there is no comprehensive set of statistics for the number of people paroled since 1952. Figure 1 shows the data that the INS published from 1982 to 2003. Table 2 shows the programmatic grants under various programs from the 1950s through the year 2000.
Humanitarian and public interest parole categories (1952—present): This type of parole has evolved over time in the types of categories that fall under it. In 1964, the INS associate commissioner listed several categories of immigrants who would be granted parole: to "either attend to sickness or burial or some close family affair," "accompany servicemen, members of the Armed Forces where the wife or some child would have been technically inadmissible," reunite a mentally handicapped child who would otherwise be excludable with their family, or deal with medical emergencies. Since 1982, at least some of these reasons have been included in regulations. In 1980, the INS provided examples of parole, including children coming for medical treatment, people coming to donate a kidney, and a Chinese woman who was allowed to visit her 81‐year‐old adoptive mother, who had been expelled by the communists from China. In 1990, the INS described a "small sampling" of the kinds of humanitarian and public interest categories of parole available at the time: 1) Someone's immediate family member just died or is dying, and consular officers lack time to process a visa or deny the visa; 2) People coming for organ, blood, or tissue donation; 3) Extradited criminals, informants, witnesses; and 4) National security assets (e.g., Soviet dissidents and foreign U.S. spies). In September 2008, ICE, USCIS, and CBP signed a memorandum of agreement on the use of parole by the agencies. This document listed, among other programs described below, parole categories for 1) registered sources of the U.S. intelligence community, 2) transiters through the United States to legal proceedings in a third country, 3) trainees, 4) individuals necessary for prosecutions or investigations, 5) confidential informants, 6) extraditions, 7) civil court participants, and 8) international organization event participants. Parole from detention (1954—1980): On November 12, 1954, Ellis Island and several other INS detention centers were closed, and detainees were paroled into the United States. The number of detained immigrants fell from a monthly average of 225 to less than 40. Paroles were carried out under section 212(d)(5) of the INA. The INS promulgated a regulation on January 8, 1958, authorizing this practice of parole from ports of entry rather than detention. From 1954 until 1981, "most undocumented aliens detained at the border were paroled into the United States." Even after 1982, when the use of parole was narrowed, its use continued "when detention is impossible or impractical." The INS associate commissioner testified in 1964 that the closing of the detention facilities met the requirement of the parole statute because "it created a better image of the American Government and American public." Orphan parole (1956): The Refugee Relief Act of 1953 created 4,000 slots for orphans adopted by U.S. citizens, but when the slots were filled, the attorney general authorized the entry of additional orphans under his parole authority on October 30, 1956. A total of 925 orphans were paroled. Adjustment of status: On September 11, 1957, Congress enacted Public Law 85–316, which authorized the adjustment of status to legal permanent residence of any eligible orphaned paroled into the United States. Hungarian parole (1956): On November 13, 1956, President Eisenhower ordered that 5,000 Hungarians be paroled into the United States. On December 1, 1956, he revised the limit to 15,000 Hungarians before eliminating the limit on January 2, 1957. By June 30, 1957, 27,435 parolees had entered, and the total reached 31,915 by 1958. For context, only 109 immigrants were admitted from Hungary in 1956, and only 321,625 immigrants were admitted worldwide. The Justice Department said in 1957 that this was "the first time that the parole provision has been applied to relatively large numbers of people." Several U.S. charitable organizations helped prepare their parole applications and to find housing and jobs for them. Adjustment of status: On July 25, 1958, Congress enacted legislation (P.L. 85–559) that allowed Hungarians to adjust their status to legal permanent residence if they were "paroled into the United States" at any point after October 23, 1956 (including after the enactment of the act) if they had been in the United States for at least two years. Ultimately, 30,491 received legal permanent residence in this way. This set a precedent for handling adjustments of later parolees. Pre‐Examination Parole (1957—1959): Regulations of December 6, 1957 provided that someone who was subjected to pre‐examination in the United States prior to requesting an immigrant visa in Canada who was found inadmissible in Canada "shall be paroled" into the United States. This regulation was revoked in 1959. Crew Members Parole (1957—present): Regulations of December 6, 1957 provided for the parole of noncitizen crewmembers under certain circumstances and stated that shipwrecked or castaway crew members "shall be paroled." On December 8, 1961 and March 22, 1967, expanded the grounds for parole to asylum seekers from communist countries. On July 27, 1990, this parole was expanded to crewmen facing persecution in any country. On March 6, 1997, this provision was updated and reenacted, and it was revised and reenacted again on February 19, 1999. On April 4, 2004, the parole of lightering crews that were not eligible for D‑1 visas for technical reasons was authorized. The parole of crew members was recognized in Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208, 8 U.S.C. 1101(a)(13)(A)). Cuban parole (1959—1965): Starting about January 1, 1959, following the communist revolution, the Eisenhower administration used parole to allow a "small percentage" of Cubans who had left the island and entered illegally into the United States (INS 1960). By June 1961, there were 4,000 paroled Cubans in the United States (INS 1961). By December 31, 1961, there were 12,200 in parole status. In 1962, Cuban illegal entrants ceased to be referred for deportation hearings and were instead paroled into the United States (INS 1962). By June 1962, the number of Cubans on parole rose to 62,500 (INS 1962). Commercial travel between the U.S. and Cuba was suspended in 1962, and only a few thousand more Cubans made it off the island through the Red Cross (INS 1963). Altogether, about 107,116 Cubans were paroled into the United States from 1959 to 1965. Adjustment of status: The Cuban Adjustment Act of 1966 (P.L. 89–732, November 2, 1966) made it possible for Cuban parolees, including future parolees, to adjust their status to legal permanent residence after two years in the United States if they entered after 1959. Guam parole (1959—1974): Starting in April 1959, the INS began to parole into the United States some Filipinos to work with the Defense Department and the Government of Guam on the island under the Parolee Defense program. At least 16 orders establishing and renewing Guam parole programs went out between 1960 and 1969, and an INS internal memo of January 27, 1960 established the initial rules for the program. Workers received INS Form I‑94 stamped, "Paroled into Guam under section 212(d)(5) I&N Act until the purpose of parole has been served not exceeding—–." Parolees could enter for up to a year and could be extended at least twice. On November 15, 1962, the INS created the Reconstruction and Rehabilitation Parole Program to parole workers from the Philippines and the Trust Islands into Guam to help with emergency repairs to homes and defense installations following a storm (INS 1963). From FY 1963 to FY 1974, 26,501 workers received parole to enter Guam temporarily. The Reconstruction and Rehabilitation Parole Program ended in 1970, and the Parolee Defense program was eliminated in 1975 in favor of admitting workers under the H‑2 nonimmigrant work visa program. Refugee‐escapee parole (1960—1965): On July 14, 1960, Congress passed the Fair Share Law (Public Law 86–648), a joint resolution to "enable the United States to participate in the resettlement of certain refugees." The law directed the INS to parole into the United States any refugee who fled from a communist or Middle Eastern country in an amount not to exceed 25 percent of the total number of such refugees accepted by other countries in the world, and it allowed any of those paroled to receive legal permanent residence after two years. During fiscal year 1961, 2,942 refugees entered as parolees (INS 1961), the largest portion of which were from Yugoslavia. In 1962, the total reached 8,260 (INS 1962). By 1966, the total had reached 19,705 (INS 1966). Public Law 86–648 included a sunset date for this use of parole of July 1, 1962, but authorization to continue to parole was extended indefinitely by section 6 of the Migration and Refugee Assistance Act Public Law 87–510 (July 1, 1962). Section 16 of the Immigration and Nationality Act of 1965 ended this parole program, and the law introduced a new capped category of immigrant visas for refugees. Adjustment of status: Public Law 86–648 of 1960 (the original statute establishing the refugee‐escapee parolees) allowed parolees to adjust their status to legal permanent residence after two years in the United States. Section 16 of the Immigration and Nationality Act of 1965 terminated this provision. First Preference parole (1961): In January 1962, the INS reported that "recent changes in regulations" allowed for the parole of two groups of first preference skilled workers who could not receive green cards or immigrant visas as a result of the annual caps: 1) those who were abroad if they will be coming to work in defense industries; and 2) anyone in the United States. It's not clear exactly what change in regulation made this possible, but in 1964, the INS associate commissioner testified that this was the policy for "many years." He testified, "The basis for this policy was this incompatible situation that seemed to exist in that, with one hand, the Service was in effect making a finding that the alien's services were urgently needed and, at the same time, in contradiction, we were seeking to expel him." Congress revised the caps in 1965, which may have ended this practice. Hong Kong Chinese parole (1962—1965): On May 23, 1962, Attorney General Robert Kennedy ordered the INS to parole into the United States Chinese who had fled to Hong Kong so long as they were "relatives of United States citizens and resident aliens" or "Chinese persons possessing special skills needed in the United States" (INS 1962). By the end of FY 1963, the total number reached 7,047 (INS 1963). Processing continued into 1964, during which the total reached 10,617 (INS 1964). The number reached 13,619 in 1965 (INS 1965). By 1966, the total reached 14,757 (INS 1965, Table 14B). A few stragglers were approved in 1966 but did not arrive until later, bringing the total to 15,111 (INS 1966). The program ended in June 1965. Adjustment of status: The INA was amended in 1960 to allow parolees to adjust their status to legal permanent residence for the first time—which many were eligible to do since parolees generally had to meet the standards for an immigrant visa except for a cap spot being available—but no law provided any special category for Hong Kong parolees. Nonetheless, when Congress created a new general refugee category in December 1965, the administration used it to enable most other Hong Kong Chinese refugees to adjust their status. On October 5, 1978, P.L. 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Russian Orthodox Old Believer parole (1963): The Russian Orthodox Old Believer church was being forced out of Turkey to the Soviet Union, where they would be persecuted. In response, the INS authorized the parole of 210 church members on May 10, 1963. Adjustment of Status: On October 5, 1978, P.L. 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Cuban airlift parole (1965—1973): Starting on December 1, 1965, based on a November 6, 1965 memorandum of understanding with the Cuban government, the Johnson administration operated daily "Freedom Flights" from Cuba to Miami. During its operation, 281,317 Cubans were paroled into the United States. At its peak year, 46,670 Cubans arrived via parole in 1971. This compares to 361,972 total immigrants that year. The airlifts were funded by congressional appropriations. In May 1972, the flights were suspended by the Cuban government before being terminated permanently on April 6, 1973. Adjustment of status: The Cuban Adjustment Act of 1966 made it possible for Cuban parolees entering after 1959, including future parolees, to adjust their status to legal permanent residence after two years in the United States. Czechoslovak parole (1970): Following the failed uprising against the Soviets in Czechoslovakia on September 4, 1968, Secretary of State David Rusk asked the president to authorize the attorney general to parole for Czechoslovaks fleeing the fallout of the failed anti‐communist uprising. When the refugee numbers permitted under the Immigration and Nationality Act of 1965 ran out, every member of the House Judiciary Committee wrote in November 1969 to the administration to request that it parole Czechoslovakian refugees. On January 2, 1970, the attorney general authorized the use of parole. Nearly 5,000 were processed from February to November 1970, with 6,500 total. These parolees were given I‑94 documents that stated that the period of admission was "indefinite" and the purpose of the parole was "refugee." This type of indefinite parole document was still available throughout the 1980s for other parole types. Adjustment of Status: On October 5, 1978, Public Law 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Soviet Union minority religious groups (1971): Following a letter from Rep. Peter Rodino of the House Judiciary Committee, on October 1, 1971, Attorney General John Mitchell announced that the United States would parole Soviet religious minorities who secured exit permits from the Soviet Union. The first four arrived on January 7, 1972, and in FY 1973, 200 were processed this way (INS 1973). Adjustment of Status: On October 5, 1978, Public Law 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Advance Parole (1971): Advance parole appears to date to 1971 when the INS implemented a regulation in 1971 deeming an adjustment of status application abandoned if a person left the country while it was still pending unless "he had previously been granted permission by the Service for such absence." If someone had entered with a nonimmigrant visa and tried to adjust status, they would have had to prove "nonimmigrant intent" (i.e., intention to leave) upon reentry, which would be impossible with a pending adjustment of status application, and the only alternative to a visa is parole. Advance parole would not have helped prior to the effective date of the 1960 act, which authorized parolees to adjust their status (under a normal immigrant visa category) for the first time. The first advance parole regulation from 1982 stated that "parole [may be] authorized for an alien who will travel to the United States without a visa." Since then, advance parole has often been the top reason for granting parole. In several acts since then (1986, 1990, and 1996), Congress specifically mentioned how "advance parole" can be granted to people already paroled into the United States (8 U.S.C. 1151(c)(4)(A)). Ugandan Asian parole (1972): The Ugandan government ordered Ugandan Asians to leave the country in 1972, and Attorney General Mitchell responded by initially ordering the INS to parole 1,000 Ugandan Asians. It ended up paroling almost 1,200 into the United States in FY 1973 (INS 1973). Another roughly 1,300 came thereafter. Adjustment of Status: On October 5, 1978, P.L. 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Asylum parole (1972—1980): Following the United States acceding to the Protocol to the U.N. Convention on the Status of Refugees in 1968, the INS had no uniform process or status providing to asylum recipients because Congress had not created a specific status for them, but some were granted "individual parole." The April 10, 1979 regulations specifically provided for immigration judges to "grant asylum by parole under section 212(d)(5) of the Immigration and Nationality Act." Adjustment of Status: The Refugee Act of 1980 (P.L. 96–212, March 17, 1980) provided the opportunity for those granted asylum to adjust their status to receive legal permanent residence.
Cuban third country parole (1973—1978): On October 26, 1973, the INS created a parole program for Cubans outside of Cuba who had family in the United States (INS 1975). A total of 11,577 were paroled in FY 1974, 6,940 in FY 1975, 2,341 in FY 1976, 413 in FY 1977, and 580 in FY 1978. Adjustment of status: The Cuban Adjustment Act of 1966 made it possible for Cuban parolees entering after 1959, including future parolees, to adjust their status to legal permanent residence after two years in the United States.
South American/Chilean parole (1975—1979): On June 12, 1975, the INS permitted 400 detained Chilean dissidents (and their families) to be paroled into the United States. A total of 1,600 people were ultimately paroled from 1975 to 1977. On October 27, 1976, the INS again authorized parole of 200 households, representing 800 people in FY 1977, and included some Uruguayans and Bolivians. On June 14, 1978, the parole of 500 households was authorized, and 2,000 people were admitted, including some Brazilians and Argentinians. More would have come if the government of Argentina had allowed more of them to leave. Adjustment of Status: On October 5, 1978, Public Law 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Vietnamese, Cambodian, and Laotian parole (1975—1980): In late March 1975, a parole program was authorized for Vietnamese orphans, and the first 2,279 Vietnamese orphans were flown out on April 2, 1975 (INS 1975), and on April 18, 1975, the president authorized a large‐scale evacuation to Guam using parole. In FY 1975 alone, about 135,000 received parole. Congress funded (partially retroactively) the processing under the Indochina Migration and Refugee Assistance Act (Public Law 94–23, May 23, 1975). In August 1975, the program was expanded to Cambodians and Vietnamese with special connections to the United States, and on May 6, 1977, 11,000 more were authorized from Vietnam, Cambodia, or Laos. The three countries were grouped together in expansive programs starting August 11, 1977, January 25, 1978, June 14, 1978, December 5, 1978, April 13, 1979, October 16, 1979, and December 15, 1979. From 1975 to the middle of 1980—when the Refugee Act was enacted and replaced the parole programs—more than 330,000 Vietnamese, Cambodians, and Laotians were paroled into the United States. These refugees were all assessed on a case‐by‐case basis. Adjustment of status: In 1977, Congress passed Public Law 95–145 (October 1977) that authorized adjustment of status to anyone from Vietnam, Laos, or Cambodia who was paroled as a refugee before March 31, 1979—that is, about two years in the future. On October 5, 1978, Public Law 95–412 extended the date to September 30, 1980 and allowed any refugee to adjust from any country. Soviet and Eastern European parole (1977—1980): On January 13, 1977, the attorney general created a Special Parole Program for 4,000 Soviet Jewish refugees (INS 1977). In December 1978, another program was initiated for 5,000 Soviet Jews and Romanians (INS 1978). On June 14, 1978, the INS launched another parole program for Eastern European refugees, with 3,260 processed in FY 1978 and 8,740 processed in FY 1979 (INS 1978). On April 12, 1979, 25,000 additional entries were authorized and occurred under parole in 1979. On October 16 and December 15, 1979, 3,000 additional entries were authorized per month until the enactment of the Refugee Act in March 1980. Adjustment of Status: On October 5, 1978, Public Law 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Lebanese parole (1978): On December 6, 1978, the attorney general announced the creation of a new parole program for 1,000 victims of civil strife in Lebanon, and by 1980, 349 had been used, and 107 were pending. Adjustment of Status: On October 5, 1978, Public Law 95–412 authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Cuban prisoner parole (1978, 1985): On December 6, 1978, following an invitation by the Castro regime to take them, the attorney general announced the creation of a new parole program for 3,500 political prisoners who were then imprisoned or released since August 1978 plus their family. Ultimately, 12,000 Cubans were paroled in FY 1979. On December 14, 1984, Cuba and the United States signed an agreement under which the United States would take 3,000 Cuban political prisoners through parole and the refugee program. In fiscal year 1988, the State Department and INS approved 2,040 prisoners for entry to the United States, and 928 entered the United States. Adjustment of status: The Cuban Adjustment Act of 1966 made it possible for Cuban parolees entering after 1959, including future parolees, to adjust their status to legal permanent residence after two years in the United States.
Iranian parole (1979—1982): On April 16, 1979, following the Islamic revolution in Iran, the INS granted "extended voluntary departure" to Iranians in the United States and began paroling others into the country. Precise parole figures were not kept, but "a large number" ("thousands") were paroled. Part of this parole effort was a program under which—as the State Department put it—"not too many questions were asked" about B‑2 visa applicants from Iran, and those clearly not qualified were often paroled anyway. In 1983, Iranians were included under the Refugee Act cap for the first time, which—the administration said—replaced "the practice of the past several years of admitting them through the Attorney General's parole authority." Adjustment of Status: On October 5, 1978, authorized adjustment of status for "any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980."
Cuban/Haitian entrant parole (1980): In April 1980, thousands of Cubans began arriving in Florida from Mariel, Cuba, by boat. Initially, these Cubans were granted parole for 60 days and allowed to seek asylum under the procedures of the newly‐passed Refugee Act of 1980 (P.L. 96–212, March 1980). As the crisis escalated, INS declared on June 20, 1980 that it would extend 6‑month parole documents to Cubans and Haitians who had already arrived. On October 21, 1980, these 6‑month paroles were then authorized to be extended again to those who arrived before October 10, 1980. More than 125,000 Cubans and 25,000 Haitians were paroled. Congress passed a statute that recognized the existence of the Cuban and Haitian "entrant status" parole in 1981. Congress specifically authorized benefits for both past and future Cuban and Haitian parolees in The Refugee Education Assistance Act of 1980 (P.L. 96–422, October 10, 1980). On December 28, 1987, INS finalized a special regulation on the parole of Mariel boatlift Cubans detained since the boatlift ended, which resulted in about 7,000 additional paroles (or re‐paroles). Adjustment of Status: The Immigration Reform and Control Act of 1980 (P.L. 99–603, November 6, 1986) allowed any Cuban or Haitian who entered before 1982 and either received Cuban/Haitian entrant status or had a "record created" with the INS.
Parole from detention (1982—present): In 1981, the INS reversed its prior practice of not detaining people unless they were deemed a flight risk or a danger to the community. A court enjoined the policy, and the INS issued an interim regulation on July 9, 1982 that detailed the grounds under which it would issue parole from detention. On October 19, 1982, it finalized the regulation. This included the following categories of people eligible for parole from detention: people needing medical care, pregnant women, young children and teenagers whose processing will take longer than 30 days and who cannot be held with an accompanying adult; people with U.S. family eligible to petition for an immigrant visa for them; witnesses going to testify; people subject to prosecution; any other person whose "continued detention is not in the public interest." On March 6, 1997, INS reiterated its categories for those eligible for parole under the language of the new parole statute. On December 21, 2000, the INS revised its procedures for the parole of people ordered removed who could not be removed. Khmer border parole (1986): In May 1986, the attorney general created a parole program for Cambodians who fled the Khmer government to Thailand, had approved immigrant petitions filed by U.S. citizen family in the United States, and had no visa available to them because of the caps. A total of 53 approvals were made in 1986, and only 418 were made as of March 1988. In 1991, 1,123 received parole. This program ended in FY 1992. About 3,500 total paroles were issued. Adjustment of Status: The Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1989 (P.L. 101–167, November 21, 1989) allowed any Cambodian paroled into the United States between 1988 and September 30, 1990 (about ten months in the future) to adjust to legal permanent residence after one year if they had been denied refugee status.
Parole for U.S. expats (1987): On December 12, 1987, the United States announced that it would parole former‑U.S. citizens who renounced their U.S. citizenship and then were ordered deported by their new state of nationality. Soviet/Moscow Refugee Parole (1988—present): In August 1988, the attorney general overturned the presumption that Soviet Jews qualified as refugees. On December 8, 1988, he created a "public interest" parole program for 2,000 Soviets per month who were denied refugee status. Parolees needed to have sponsors in the United States and were not eligible for refugee benefits. A total of 7,652 were paroled in FY 1989. Congress reinstated the presumption of refugee status for Jews and Evangelical Christians from the Soviet Union in 1989 (P.L. 101–167, November 21, 1989). Parole continued after this change in part because Jews had a plausible offer of alternative resettlement in Israel and continued after the Soviet Union dissolved under the label of the Moscow Refugee Parole Program. About 17,000 Soviets were paroled from 1992 to 1998 (INS 1996, 1998). On August 6, 2007, responsibility for the Moscow Refugee Parole Program was transferred to USCIS. In July 2011, it was canceled. Adjustment of Status: The Foreign Operations Appropriations Act of 1989 (P.L. 101–167, November 21, 1989) allowed any Soviet paroled into the United States between 1988 and September 30, 1990 (about ten months in the future) to adjust to legal permanent residence after one year if they had been denied refugee status. In 1992, Estonia, Latvia, and Lithuania were added explicitly. This provision was then repeatedly reauthorized.
Orderly Departure Vietnam parole (1989—1999): In February 1989, the attorney general created a parole program to supplement the Orderly Departure refugee program from Vietnam, which was offered only to those denied refugee status. About 770 entered in 1989. Parole was also used for Vietnamese with immigrant visa petitions approved but who could not immigrate due to the caps. Some Laotians and Cambodians also were paroled. This program was created after the attorney general overturned the presumption that Vietnamese (and others) in refugee camps qualified as refugees under the Refugee Act of 1980. Parolees had to prepay their travel expenses. The program was closed at the end of fiscal year 1999 after about 32,000 paroles. Adjustment of Status: The Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1990 (P.L. 101–167, November 21, 1989) allowed any Vietnamese paroled into the United States between 1988 and September 30, 1990 (about ten months in the future) to adjust to legal permanent residence after one year if they had been denied refugee status. On November 6, 2000, Congress enacted the Foreign Operations Appropriations Act of 2001 (Public Law 106–429), which authorized adjustment of status for citizens or natives of Vietnam, Cambodia, or Laos paroled before October 1, 1997, even if they had not been denied refugee status.
Hungarian and Polish parole (1989): In the middle of 1989, Hungary and Poland's communist governments fell, meaning that refugees from those countries no longer feared persecution on political grounds. On November 21, 1989, the INS began denying them refugee status and paroled some 832 people who were already in the process, had been interviewed, and had family in the United States. Adjustment of Status: Section 646 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208, September 30, 1996) granted legal permanent residence to these parolees.
Undated 1990s parole categories: In 1990, the INS described the following grounds for parole at the time without giving a date for when they started being used: Spouses of U.S. military members who cannot qualify for visas because of the caps; Aged‐out children of immigrant visa applicants who had waited for years for a visa; Children of immigrant visa recipients who failed to immigrate soon after visa receipt and for whom a visa number is not immediately available; Someone who was trying to legalize their status by getting an immigrant visa, but the State Department erred in scheduling an appointment because there were no visa numbers available for them and is attempting to return to their U.S. residence. Adopted children of U.S. citizens who do not qualify as orphans; and Unaccompanied children in refugee camps with family in the United States.
Chinese parole (1990): On April 11, 1990, the president ordered the attorney general to defer the removal of unauthorized Chinese until January 1, 1994. The INS determined that parole for detained Chinese should be considered in the public interest. Adjustment of Status: Congress enacted the Chinese Student Protection Act of 1992 (Public Law 102–404, October 9, 1992) that provided permanent residence to Chinese who were covered by the president's order and in the United States on April 11, 1990, if they were inspected and admitted or paroled.
Parole of asylum seekers (1990—present): Paroling asylum seekers is a subset of parole under the 1982 regulations, the final category of which (public interest) was amenable to several interpretations. On May 1, 1990, INS launched a "pilot parole program" for detained asylum seekers with a limit of 200. The pilot was expanded and made permanent everywhere on April 20, 1992. From 1993 to 1996, there were about 3,800 to 4,500 asylum paroles. On October 7, 1998, the INS made having established a "credible fear" of persecution a presumptive category of eligibility for parole. On November 6, 2007, DHS eliminated this presumption. On December 8, 2009, DHS reinstated the presumption to parole those establishing a credible fear of persecution. Despite a memorandum from the DHS secretary in 2017 that stated parole should be used "sparingly," the 2009 directive remained in force, though widely flouted during the Trump administration years. On March 29, 2022, DHS lowered the standard to parole someone who had not yet established credible fear. Haitian Guantanamo parole (1991): A 1991 coup led to refugee flows by sea from Haiti to the United States. The U.S. government intercepted the boats and relocated Haitians to Guantanamo Bay, Cuba, for processing. In September 1991, the INS announced a new parole program for Haitians at Guantanamo Bay who demonstrated a "credible fear" of persecution. The program continued until May 1992 when it was suspended. A small number of Haitians continued to be paroled thereafter, but they faced a strong presumption that they should be returned to Haiti. They received one‐year parole authorizations. About 13,000 Haitians received parole from 1992 to 1996 (INS 1996, 1998; INS Parole Report 1999). Adjustment of Status: The Haitian Refugee Immigration Fairness Act (P.L. 105–277, October 21, 1998) provided for the adjustment of status to legal permanent residence for any Haitian in the United States as of December 31, 1995 who applied for asylum or was paroled into the United States after a finding of credible fear.
ABC Settlement Parole (1991): On January 31, 1991, the INS settled a lawsuit that challenged its asylum adjudication policies for certain Salvadorans and Guatemalans. As part of the agreement, certain Salvadorans and Guatemalans were permitted to reapply for asylum. Among these were 20,000 who were paroled into the United States to reapply in fiscal years 1993 and 1994. Adjustment of Status: Section 203 of the Nicaraguan Adjustment and Central American Relief Act (P.L. 105–100, November 2019) permitted these Guatemalans and Hondurans subject to the settlement agreement to apply for suspension of deportation (which provides legal permanent residence) under the lower pre‐1996 standards.
Adoptee parole (1994): On November 25, 1994, the INS created a new parole program for children adopted by U.S. citizens who did not fall into the "orphan" category required to receive an immigrant visa. Adjustment of Status: Congress passed Public Law 104–51 (November 15, 1995) to amend the definition of "child" to create green card eligibility for these children and other adoptees moving forward.
Cuban Migration Accord paroles (1994—present): On September 9, 1994, the United States and Cuba signed an agreement to pursue policies designed to reduce illegal immigration, including the United States maintaining a minimum level of 20,000 legal admissions of Cubans per year. The U.S. Coast Guard interdicted Cubans and moved them to Guantanamo Bay, Cuba. On October 14, 1994, the White House announced that the INS would parole unaccompanied children, people over age 70, and chronically ill people at Guantanamo Bay. On December 2, 1994, it announced it would consider paroling family units if children would be adversely affected by staying in Guantanamo Bay on a case‐by‐case basis. On May 2, 1995, the United States agreed to accept all 18,500 Cubans currently detained at Guantanamo Bay detention facility through parole, but end the practice of taking Cubans there and simply return them to Cuba. In order to meet the 20,000 immigration quota, the United States created the Special Cuban Migration Program to grant parole to about 5,000 Cubans per year through a lottery (which was restricted to those who met at least two of the following criteria: 1) having any relatives living in the United States, 2) 3 years of work experience, and 3) a high school or college degree). In 1995, 1,898 were granted parole through the lottery out of 189,000 applicants. On March 15, 1996, the second parole lottery registration was opened. There were 433,000 applicants. On June 15, 1998, the final registration period was opened for the lottery, and 541,00 applied by July 15, 1998. Those qualifying under the 1998 registration continued to be paroled thereafter. Since 1998, the Cuban government has refused to allow another registration to occur in the country. Around 75,000 Cubans were paroled under these programs from 1994 to 2003 (the last year that statistics were available). Adjustment of Status: All Cubans paroled after 1959 are eligible to adjust to legal permanent residence after one year in the United States under the Cuban Adjustment Act of 1966.
Cuban Wet Foot, Dry Foot parole (1995—2017): On May 2, 1995, the U.S. government announced that it would not parole any Cubans intercepted at sea, even if in U.S. waters, but it would parole anyone on U.S. soil or arriving at a port of entry. The Customs and Border Protection field manual provided that Cuban asylum seekers "may be paroled directly from the port of entry" except for those who "pose a criminal or terrorist threat." Subsequently, the number of Cubans paroled at ports of entry (mainly along the southwest border) increased significantly. From 2004 to 2016, 226,000 Cubans were paroled at U.S. land borders. On January 12, 2017, DHS canceled the wet foot, dry foot parole process. Adjustment of Status: All Cubans paroled after 1959 are eligible to adjust to legal permanent residence after one year in the United States under the Cuban Adjustment Act of 1966.
Iraqi parole (1996): On September 17, 1996, the United States began airlifting some Iraqi Kurds to Guam, where they were granted parole. A total of 6,550 Iraqi Kurds who worked with the United States and 650 opposition activists were granted parole starting in September 1996. Adjustment of Status: The FY 1999 Omnibus Appropriations Act (Public Law 105–277, October 21, 1998) waived the cap on green cards for those adjusting after receiving asylum for Iraqis evacuated via parole but did not create a special green card category.
Cuban Medical Professional Parole (CMPP) Program (2006—2017): On August 11, 2006, the Department of Homeland Security (DHS) created a new parole program for Cuban doctors in third countries conscripted by the government of Cuba. In fiscal year 2007, 480 of 28,000 Cuban physicians applied for parole. As of December 2010, 1,574 physicians were paroled. On January 12, 2017, DHS canceled the program except for dependents of the physicians already in the program. Adjustment of Status: All Cubans paroled after 1959 are eligible to adjust to legal permanent residence after one year in the United States under the Cuban Adjustment Act of 1966.
Parole in Place for family of U.S. veterans (2007—present): On June 21, 2007, DHS announced that it would grant parole to a spouse of a U.S. active duty soldier, enabling the spouse to adjust to a green card. This policy continued for the next six years. On November 15, 2013, DHS issued a memorandum that provided clearer guidance on this program and expanded it to include veterans of the armed forces. On November 23, 2016, DHS expanded the program to cover family of deceased veterans and adult or married children of veterans. The National Defense Authorization Act of 2020 (P.L. 116–92) expressed congressional support for an ongoing parole program for relatives of U.S. military members. Adjustment of Status: Spouses of U.S. citizens have an uncapped opportunity to apply for a green card, but parole enables them to apply for a green card by allowing them to meet the requirement that they were "admitted or paroled" prior to applying.
Cuban Family Reunification Parole (2007—2017, 2021—present): On November 21, 2007, the DHS created a new parole program for any Cuban with an approved family‐based petition for legal permanent residence. In December 2017, USCIS shut down its field office in Cuba and suspended the program. In 2014, DHS started requiring a fee for the parole program. On May 16, 2022, DHS announced that it would resume processing Cuban Family Reunification Parole cases. Adjustment of Status: All Cubans paroled after 1959 are eligible to adjust to legal permanent residence after one year in the United States under the Cuban Adjustment Act of 1966.
Haitian Orphan Parole Program (2010): Following a 2010 Earthquake, on January 18, 2010, DHS announced that it would parole Haitian orphans in the process of being adopted by U.S. citizens. It accepted applications through April 2010. Adjustment of Status: Help Haitian Adoptees Immediately to Integrate Act of 2010 (Help HAITI Act, Public Law 111–293, December 2010) authorized DHS to adjust the status of adoptees to legal permanent residence even if the formal adoption process was not complete in Haiti as a result of the Earthquake.
Haitian Earthquake paroles (2010—2016): Following a 2010 Earthquake, on January 13, 2010, ICE suspended deportations to Haiti, and ICE began to generally parole detained Haitians. CBP at ports of entry along the U.S.-Mexico border likewise began to parole Haitians rather than detain them for transfer to ICE. On January 25, 2010, DHS authorized an automatic extension of advance parole documents through March 12, 2010 for Haitians who had traveled outside the United States prior to the Earthquake after receiving advance parole. From 2010 to 2016, about 16,000 Haitians were paroled after being deemed inadmissible at ports of entry. Central American Minors (CAM) parole (2014—2017, 2021—present): On November 14, 2014, DHS and the State Department announced a combination refugee and parole program for Salvadoran, Guatemalan, and Honduran children with U.S. family sponsors in legal status in the United States (and the minor children of the child and in‐country parent of the child if married to the sponsoring U.S. parent). On July 26, 2016, DHS expanded the program to include other relatives, including siblings and any in‐country biological parent of the child. On August 16, 2017, DHS announced it would be canceling the parole program. On March 10, 2021, DHS and the State Department announced it would be restarting the program for those who previously applied before the termination in 2017. On June 15, 2021, they announced the program would reopen to new applicants, including children whose parents were in the United States with pending asylum applications. The parole is indefinite. On April 11, 2023, it expanded the program to allow sponsorship by parents of children who have pending T visa applications. As of December 2016, there were 10,758 applicants for the CAM program. Of these applicants, 873 had received refugee status, and 2,086 had received parole. In 2017, another 2,700 were permitted to enter. Haitian Family Reunification Parole (2014—present): On December 18, 2014, DHS created a new parole program for any Haitian with an approved family‐based immigrant visa petition if they have a priority date within two years of being current. On August 2, 2019, DHS announced it would terminate the program but would extend the parole of current participants. On October 12, 2021, it reversed its decision and continued the program. Filipino World War II Veterans Parole (FWVP) program (2016—present): On May 9, 2016, DHS created a new parole program for Filipino World War II veterans who have approved family‐based immigrant visa petitions. On August 2, 2019, DHS announced its plans to terminate the program but would extend the parole of current participants. On December 28, 2020, it proposed a regulation to finalize this change. On October 12, 2021, it reversed its earlier decision and continued the program. International Entrepreneur Parole (2017): On January 17, 2017, DHS created a parole program for certain entrepreneurs. On July 11, 2017, DHS published a rule delaying the effective date of the program. In December 2017, the rule delaying the rule was vacated by a court and was forced to implement the rule. From 2017 to 2019, 30 people applied, and only one approval was granted. Parole + Alternatives to Detention program (2021): On July 31, 2021, Border Patrol created a policy of paroling detained immigrants at the border when ICE cannot accept custody of the person, there isn't a risk to national security or public safety, processing capacity exceeds 75%, and arrivals exceed discharges, the average processing time exceeds two days, and arrivals will likely exceed discharges the following day. On November 2, 2021, the Border Patrol chief formalized this policy with respect to family units. On July 18, 2022, Customs and Border Protection expanded this policy to cover both families and single adults. On March 8, 2023, the policy was blocked by a federal district court judge after about 700,000 paroles. Afghan evacuation parole (2021): After the Taliban seized control of Afghanistan on August 15, 2021, the U.S. military began to fly thousands of Afghans to U.S. military bases in the region. On August 23, 2021, DHS launched a new parole operation under Operation Allies Welcome (OAW). In the next few weeks, it paroled more than 75,898 Afghans into the United States. After the initial evacuation, DHS received 50,000 parole requests from Afghans, adjudicated about 9,500, and denied all but about 500. In September 2022, DHS stated that Afghans abroad would generally no longer be considered for parole at all. On June 8, 2023, DHS announced it would extend the parole of Afghan parolees in the United States. The Extending Government Funding and Delivering Emergency Assistance Act of 2021 (P.L. 117–43, May 2022) provided refugee benefits to Afghan parolees, explicitly appropriating money for those benefits, and directing the creation of a plan to process pending Afghan parole applications between July 31, 2021, and September 30, 2022 or paroled into the United States after September 30, 2022 if a spouse or child of an Afghan parolee or parent or legal guardian of an unaccompanied Afghan child. Uniting for Ukraine (2022): After the Russian invasion of Ukraine, DHS decided to parole Ukrainians arriving at the U.S.-Mexico border ports of entry, formally announcing the policy on March 11, 2022, and about 23,000 were paroled with 1‑year admissions. On April 27, 2022, DHS created a new parole program for Ukrainians with U.S. sponsors. As of May 2022, DHS had paroled about 125,000 Ukrainians under the Uniting for Ukraine sponsorship program with 2‑year admissions. The Additional Ukraine Supplemental Appropriations Act of 2022 (P.L. 117–128, May 2022) provided refugee benefits to Ukrainians paroled between February 24, 2022 and September 30, 2023 or paroled into the United States after September 30, 2022 if a spouse or child of a Ukrainian parolee or parent or legal guardian of an unaccompanied Ukrainian child. On March 13, 2022, DHS extended the parole of the 23,000 paroled at ports of entry. Adjustment of Status: A Ukrainian Adjustment Act (H.R.3911) was introduced in 2023.
Cuban, Haitian, Nicaraguan, and Venezuelan parole sponsorship processes (2022—2023): On October 19, 2022, DHS created a parole program for Venezuelans with U.S. sponsors modeled on Uniting for Ukraine with a cap of 24,000. On January 9, 2023, DHS replaced this cap with a combined 30,000 per month cap for Venezuela, Haiti, Cuba, and Nicaragua (each of which received its own parole sponsorship programs the same day). 1.5 million applicants had applied by May 2023, and about 131,000 had been admitted. Adjustment of Status: All Cubans paroled after 1959 are eligible to adjust to legal permanent residence after one year in the United States under the Cuban Adjustment Act of 1966. A Venezuelan Adjustment Act (H.R. 7854) was introduced in 2022.
Family Reunification Parole Processes (2023): On July 10, 2023, DHS created family reunification parole programs for Colombians, Salvadorans, Guatemalans, and Hondurans who have approved immigrant visa petitions. Parole applicants had to be invited by the U.S. government. This announcement followed up on the May 2023 announcement that the United States wanted to accept as many as 100,000 individuals from El Salvador, Guatemala, and Honduras through the family reunification pathway. As of May 2023, there were 73,500 eligible for the program, but many more were waiting for their immigrant visas to be approved.
Full TextThe first law enacted in Canada to protect existing Aboriginal rights was section 35 of the Constitution Act, 1982.2 The first law in Canada to recognize the rights of non-human animals as anything other than property has yet to be enacted. The first Supreme Court of Canada (hereafter referred to as the Court) case to interpret section 35 was R. v. Sparrow.3 The 1990 case confirmed an Aboriginal right of the Musqueam peoples of British Columbia to fish for food, social and ceremonial purposes. Since this precedent-setting case, many similar claims have been brought before the courts by way of the fluctuating legal space created by s.35. Many of these cases have been about establishing rights to fish4, hunt5, and trap non-human animals (hereafter referred to as animals). The Court has developed, and continues to develop tests to determine the existence and scope of Aboriginal rights. These tests primarily embody cultural, political and, to a surprisingly lesser degree, legal forces. One of the principal problems with these tests is that they privilege, through the western philosophical lens, the interests of humans. Animals are, at best, the resources over which ownership is being contested. The Euro-centric legal conceptualization of animals as 'resources' over which ownership can be exerted is problematic for at least two reasons. First, the relegation of animals solely to a utilitarian role is antithetical to Indigenous-animal relationships and therefore demonstrates one of the fundamental ways the Canadian legal system is ill equipped to give adequate consideration to Indigenous law. Second, failure to consider animals' inherent value and agency in this context reproduces the human-animal and culture-nature binaries that are at the root of many of western Euro-centric society's inequities. This paper argues that Aboriginal peoples' relationships with animals are a necessary, integral and distinctive part of their cultures6 and, therefore, these relationships and the actors within them are entitled to the aegis of s.35. Through the legal protection of these relationships, animals will gain significant protection as a corollary benefit. If the Court were to protect the cultural relationships between animals and Aboriginal groups, a precondition would be acceptance of Indigenous legal systems. Thus, this paper gives a brief answer to the question, what are Indigenous legal systems and why are animals integral to them? The Anishinabe (also known Ojibwe or Chippewa) are Indigenous peoples who have historically lived in the Great Lakes region. The Bruce Peninsula on Lake Huron is home to the Cape Croker Indian Reserve, where the Chippewas of Nawash First Nation live. The people of this First Nation identify as Anishinabe. The Anishinabek case of Nanabush v. Deer is a law among these people and is used throughout the paper as an example of Indigenous-animal relationships. Making the significant assumption that s.35 has the capacity to recognize Indigenous law, the subsequent section of the paper asks why we should protect these relationships and how that protection should be achieved. Finally, the paper concludes that both the ability of s.35 to recognize Indigenous-animal relationships, and the judicial and political will to grant such recognition, are unlikely. Indigenous-animal relationships are integral to the distinctive culture of the Anishinabek, however the courts would be hesitant to allow such an uncertain and potentially far-reaching right. This is not surprising given that such a claim by both Indigenous and animal groups would challenge the foundations upon which the Canadian legal system is based. There are many sensitive issues inherent in this topic. It should be noted the author is not of Indigenous ancestry, but is making every effort to learn about and respect the Indigenous legal systems discussed. While this paper focuses on a number of Anishinabek laws; it is neither a complete analysis of these practices, nor one that can be transferred, without adaptation, to other peoples. Finally, Indigenous peoples and animal rights and Indigenous law scholars, such as Tom Regan and Mary Ellen Turpel-Lafond, respectively, may insist on an abolitionist approach to animal 'use' or reject the legitimacy of s.35 itself.7 These perspectives are worthy and necessary. This paper positions itself amongst these and other sources in order to reflect upon the timely and important issue of the legal status of Indigenous-animal relationships. I:WHAT ARE INDIGENOUS LEGAL SYSTEMS? The Law Commission of Canada defines a legal tradition as "a set of deeply rooted, historically conditioned attitudes about the nature of law, the role of law in the society and the polity, the proper organization and operation of a legal system, and the way law is or should be made, applied, studied, perfected and taught."8 Indigenous legal traditions fit this description. They are living systems of beliefs and practices, and have been recognized as such by the courts.9 Indigenous practices developed into systems of law that have guided communities in their governance, and in their relationships amongst their own and other cultures and with the Earth.10 These laws have developed through stories, historical events that may be viewed as 'cases,' and other lived experiences. Indigenous laws are generally non-prescriptive, non-adversarial and non-punitive and aim to promote respect and consensus, as well as close connection with the land, the Creator, and the community. Indigenous laws are a means through which vital knowledge of social order within the community is transmitted, revived and retained. After European 'settlement' the influence of Indigenous laws waned. This was due in part to the state's policies of assimilation, relocation and enfranchisement. 11 Despite these assaults, Indigenous legal systems have persevered; they continue to provide guidance to many communities, and are being revived and re-learned in others. For example, the Nisga'a's legal code, Ayuuk, guides their communities and strongly informs legislation enacted under the Nisga'a Final Agreement, the first modern treaty in British Columbia.12 The land and jurisdiction claims of the Wet'suwet'en and Gitxsan Nations ultimately resulted in the Court's decision in Delgamuukw,13 a landmark case that established the existence of Aboriginal title. The (overturned) BC Supreme Court's statement in Delgamuukw14 reveals two of the many challenges in demonstrating the validity of Indigenous laws: "what the Gitxsan and Wet'suwet'en witnesses[es] describe as law is really a most uncertain and highly flexible set of customs which are frequently not followed by the Indians [sic] themselves." The first challenge is that many laws are not in full practice, and therefore not as visible as they could be and once were. What the courts fail to acknowledge, however, is that the ongoing colonial project has served to stifle, extinguish and alter these laws. The second challenge is that the kind of law held and practiced by Indigenous peoples is quite foreign to most non-Indigenous people. Many Indigenous laws have animals as central figures. In Anishinabek traditional law, often the animals are the lawmakers15: they develop the legal principles and have agency as law givers. For instance, the Anishinabek case Nanabush v. Deer, Wolf , as outlined by Burrows, is imbued with legal principles, lessons on conduct and community governance, as well as 'offenses' and penalties. It is not a case that was adjudicated by an appointed judge in a courtroom, but rather one that has developed over time as a result of peoples' relationships with the Earth and its inhabitants. An abbreviated summary of the case hints at these legal lessons: Nanabush plays a trick on a deer and deliberately puts the deer in a vulnerable position. In that moment of vulnerability, Nanabush kills the deer and then roasts its body for dinner. While he is sleeping and waiting for the deer to be cooked, the Wolf people come by and take the deer. Nanabush wakes up hungry, and out of desperation transforms into a snake and eats the brains out of the deer head. Once full, he is stuck inside the head and transforms back into his original shape, but with the deer head still stuck on. He is then chased and nearly killed by hunters who mistake him for a real deer. This case is set within the legal context of the Anishinabek's treaty with deer. In signing the treaty, the people were reminded to respect beings in life and death and that gifts come when beings respect each other in interrelationships.16 Nanabush violated the rights of the deer and his peoples' treaty with the deer. He violated the laws by taking things through trickery, and by causing harm to those he owed respect. Because his actions were not in accordance with Anishinabek legal principles, he was punished: Nanabush lost the thing he was so desperately searching for, and he ended up nearly being killed. This case establishes two lessons. The first is that, like statutory and common law, with which Canadians are familiar, Indigenous law does not exist in isolation. Principles are devised based on multiple teachings, pre- vious rules and the application of these rules to facts. That there are myriad sources of Indigenous law suggests that the learning of Indigenous law would require substantial effort on the part of Canadian law-makers.17 The second is that animals hold an important place in Indigenous law, and those relationships with animals – and the whole 'natural' world – strongly inform the way they relate to the Earth. II: CAN CANADIAN LAW ACCEPT INDIGENOUS LEGAL SYSTEMS? If there were a right recognized under s.35 concerning the Indigenous-animal relationship, what would it look like? Courts develop legal tests to which the facts of each case are applied, theoretically creating a degree of predictability as to how a matter will be judged. Introduced in Sparrow, and more fully developed in Van der Peet, a 'test' for how to assess a valid Aboriginal right has been set out by the Court. Summarized, the test is: "in order to be an Aboriginal right an activity must be an element of a practice, custom or tradition integral to the distinctive culture of the Aboriginal group claiming the right."18 There are ten, differently weighted factors that a court will consider in making this assessment. The right being 'tested' in this discussion is the one exemplified in Nanabush v. Deer: the ability of Indigenous peoples to recognize and practice their laws, which govern relationships, including death, with deer and other animals. The courts have agreed that a generous, large and liberal construction should be given to Indigenous rights in order to give full effect to the constitutional recognition of the distinctiveness of Aboriginal culture. Still, it is the courts that hold the power to define rights as they conceive them best aligning with Canadian society19; this is one way that the Canadian state reproduces its systems of power over Indigenous peoples.20 The application of the Aboriginal right exemplified in Nanbush v. Deer to the Sparrow and Van der Peet tests would likely conclude that the Anishinabek do have an integral and distinctive relationship with animals. However, due to the significant discretion of the Court on a number of very subjective and politically sensitive factors, it is uncertain that the Nanabush v. Deer case would 'pass' Van der Peet's required ten factors.21 This is indicative of the structural restraints that s.35 imposes. 22 The questions it asks impair its ability to capture and respect the interrelationships inherent in Indigenous peoples' interactions with animals. For example, the Court will characterize hunting or fishing as solely subsistence, perhaps with a cultural element. Shin Imai contends these activities mean much more: "To many…subsistence is a means of reaffirming Aboriginal identity by passing on traditional knowledge to future generations. Subsistence in this sense moves beyond mere economics, encompassing the cultural, social and spiritual aspects for the communities."23 Scholar Kent McNeil concludes that: "regardless of the strengths of legal arguments in favour of Indigenous peoples, there are limits to how far the courts […] are willing to go to correct the injustices caused by colonialism and dispossession."24 It is often not the legal principles that determine outcomes, but rather the extent to which Indigenous rights can be reconciled with the history of settlement without disturbing the current economic and political structure of the dominant culture. III:WHY PROTECT THE ANIMAL-INDIGENOUS RELATIONSHIP? Legally protecting animal-Indigenous relationships offers symbiotic, mutually respectful benefits for animals and for the scope of Aboriginal rights that can be practiced. For instance, a protected relationship would have indirect benefits for animals' habitat and right to life: it would necessitate protecting the means necessary, such as governance of the land, for realization of the right. This could include greater conservation measures, more contiguous habitat, enforcement of endangered species laws, and, ideally, a greater awareness and appreciation by humans of animals and their needs. Critical studies scholars have developed the argument that minority groups should not be subject to culturally biased laws of the mainstream polity.24 Law professor Maneesha Deckha points out that animals, despite the central role they play in a lot of 'cultural defences,' have been excluded from our ethical consideration. Certainly, the role of animals has been absent in judicial consideration of Aboriginal rights.26 Including animals, Deckha argues, allows for a complete analysis of these cultural issues and avoids many of the anthropocentric attitudes inherent in Euro-centric legal traditions. In Jack and Charlie27 two Coast Salish men were charged with hunting deer out of season. They argued that they needed to kill a deer in order to have raw meat for an Aboriginal religious ceremony. The Court found that killing the deer was not part of the ceremony and that there was insufficient evidence to establish that raw meat was required. This is a case where a more nuanced consideration of the laws and relationships with animals would have resulted in a more just application of the (Canadian) law and prevented the reproduction of imperialist attitudes. A criticism that could be lodged against practicing these relationships is that they conflict with the liberty and life interests of animals.28 Theoretically, if Indigenous laws are given the legal and political room to fully operate, a balance between the liberty of animals and the cultural and legal rights of Indigenous peoples can be struck.29 Indeed, Indigenous peoples' cultural and legal concern for Earth is at its most rudimentary a concern for the land, which is at the heart of the challenge to the Canadian colonial system. If a negotiated treaty was reached, or anti-cruelty and conservation laws were assured in the Indigenous peoples' self government system, then Canadian anti-cruelty30 and conservation laws,31 the effectiveness of which are already questionable, could be displaced in recognition of Indigenous governance.32 Indigenous peoples in Canada were – and are, subject to imposed limitations – close to the environment in ways that can seem foreign to non-Indigenous people.33 For example, some origin stories and oral histories explain how boundaries between humans and animals are at times absent: Animal-human beings like raven, coyote and rabbit created them [humans] and other beings. People …acted with respect toward many animals in expectation of reciprocity; or expressed kinship or alliance with them in narratives, songs, poems, parables, performances, rituals, and material objects. 34 Furthering or reviving these relationships can advance the understanding of both Indigenous legal systems and animal rights theory. Some animal rights theorists struggle with how to explain the cultural construction of species difference: Indigenous relationships with animals are long standing, lived examples of a different cultural conception of how to relate to animals and also of an arguably healthy, minimally problematic way to approach the debate concerning the species divide.35 A key tenet of animal-Indigenous relationships is respect. Shepard Krech posits that Indigenous peoples are motivated to obtain the necessary resources and goals in 'proper' ways: many believe that animals return to the Earth to be killed, provided that hunters demonstrate proper respect.36 This demonstrates a spiritual connection, but there is also a concrete connection between Indigenous peoples and animals. In providing themselves with food and security, they 'manage' what Canadian law calls 'resources.'37 Because of the physical nature of these activities, and their practical similarity with modern 'resource management,' offering this as 'proof' of physical connection with animals and their habitat may be more successful than 'proving' a spiritual relationship. Finally, there are health reasons that make the Indigenous-animal relationship is important. Many cultures have come to depend on the nutrients they derive from particular hunted or fished animals. For example, nutrition and physical activity transitions related to hunting cycles have had negative impacts on individual and community health.38 This shows the multidimensionality of hunting, the significance of health, and, by extension, the need for animal 'resources' to be protected. IV: HOW SHOULD WE PROTECT THESE ABORIGINAL RIGHTS? If the Anishinabek and the deer 'win' the constitutional legal test ('against' the state) and establish a right to protect their relationships with animals, what, other than common law remedies,39 would follow? Below are ideas for legal measures that could be taken from the human or the animal perspective, or both, where benefits accrue to both parties. If animals had greater agency and legal status, their needs as species and as individuals could have a meaningful place in Canadian common and statutory law. In Nanabush v. Deer, this would mean that the deer would be given representation and that legal tests would need to be developed to determine the animals' rights and interests. Currently the courts support the view that animals can be treated under the law as any other inanimate item of property. Such a legal stance is inconsistent with a rational, common-sense view of animals,40 and certainly with Anishinabek legal principles discussed herein.41 There are ongoing theoretical debates that inform the practical questions of how animal equality would be achieved: none of these in isolation offers a complete solution, but combined they contribute to the long term goal. Barsh and James Sákéj Youngblood Henderson advocate an adoption of the reasoning in the Australian case Mabo v. Queensland,42 where whole Aboriginal legal systems were imported intact into the common law. Some principles that Canada should be following can also be drawn from international treaties that Canada has or should have signed on to.43 Another way to seek protection from the human perspective is through the freedom of religion and conscience section of the Charter. Professor John Borrows constructs a full argument for this, and cites its challenges, in Living Law on a Living Earth: Aboriginal Religion, Law and the Constitution.44 The strongest, but perhaps most legally improbable, way to protect the animal- Indigenous relationship is for Canada to recognize a third, Indigenous order of government (in addition to provincial and federal), where all three orders are equal and inform one another's laws. This way, Indigenous laws would have the legal space to fully function and be revived. Endowing Indigenous peoples with the right to govern their relationships would require a great acquiescence of power by governments and a commitment to the establishment and maintenance of healthy self-government in Indigenous communities. Louise Mandell offers some reasons why Canada should treat Aboriginal people in new ways, at least one of which is salient to the third order of government argument: To mend the [E]arth, which must be done, governments must reassess the information which the dominant culture has dismissed. Some of that valuable information is located in the oral histories of Aboriginal Peoples. This knowledge will become incorporated into decisions affecting the [E]arth's landscape when Aboriginal Peoples are equal partners in decisions affecting their territories.45 V: CONCLUSION A legal system that does not have to justify its existence or defend its worth is less vulnerable to challenges.46 While it can be concluded that s.35 has offered some legal space for Indigenous laws and practices, it is too deeply couched in Euro-centric legal traditions and the anthropocentric cultural assumptions that they carry. The most effective strategy for advancing Indigenous laws and culture, that would also endow many animals with greater agency, and relax the culture-nature, human-animal binaries, is the formal recognition of a third order of government. Lisa Chartrand explains that recognition of legal pluralism would be a mere affirmation of legal systems that exist, but which are stifled: "…this country is a multijuridical state, where the distinct laws and rules of three systems come together within the geographic boundaries of one political territory." 47 Revitalizing Indigenous legal systems is and will be a challenging undertaking. Indigenous communities must reclaim, define and understand their own traditions: "The loss of culture and traditions caused by the historic treatment of Aboriginal communities makes this a formidable challenge for some communities. Equally significant is the challenge for the Canadian state to create political and legal space to accommodate revitalized Indigenous legal traditions and Aboriginal law-making."48 The project of revitalizing Indigenous legal traditions requires the commitment of resources sufficient for the task, and transformative change to procedural and substantive law. The operation of these laws within, or in addition to, Canadian law would of course cause widespread, but worthwhile controversy. In Animal Bodies, Cultural Justice49 Deckha argues that an ethical relationship with the animal Other must be established in order realize cultural and animal rights. This paper explores and demonstrates the value in finding legal space where cultural pluralism and respect for animals can give rise to the practice of Indigenous laws and the revitalization of animal-Indigenous relationships. As Borrows writes: "Anishinabek law provides guidance about how to theorize, practice and order our association with the [E]arth, and could do so in a way that produces answers that are very different from those found in other sources."50 (see PDF for references)
In the present essay, I will examine the traces of coexistence between the Muslim and Christian world in architecture and literature, using the examples of the mezquita, or 'mosque', and the most important novel of Spain, Don Quixote of la Mancha (1605;1615) by Miguel de Cervantes Saavedra. This study incorporates an interdisciplinary approach that utilizes historical, literary, and architectural methods to explain the dual function of the margin— its architectural function in the Mosque and its narrative function as used in specific chapters from Cervantes's novel. Furthermore, I will show how the architectural margin of the wall of the mosque was familiar to Cervantes's readers who lived in Spain and this familiarity allows Cervantes to exploit the metaphorical meaning of the literary margin as architectural margin. A metaphor establishes an equivalency between a pair of images; the best-known example of which belongs to Ezra Pound, the founding leader of Imagism (1912-1923). This is a school of poetry that endorsed clarity of expression and simplicity through the use of precise visual imagery. The best known metaphor is Pound's own, in which faces are compared with petals in the poem, "In a Station of the Metro": The apparition of these faces in the crowd: Petals on a wet, black bough. Through his architectural and literary metaphor, Cervantes covertly expresses his personal beliefs about multiculturalism that could not be directly expressed for fear of censorship by the Inquisition. ; Winner of the 2020 Friends of the Kreitzberg Library Award for Outstanding Research in the Senior Arts/Humanities category. ; In the Margins of Literary and Architectural Discourse: A Comparison of Arabic Commentary in Cervantes's Don Quixote and Moorish Architectural Inscription Pablo Picasso: Don Quixote, August 10, 1955. Internet: Public Domain Alexandra Parent SP 415: Seminar on Don Quixote Professor Stallings-Ward 28 February 2020 1 Introduction The history of the Iberian Peninsula is a rich one, filled with influences from the entire European and Asian continents over time. When we think about Spain, there is one defining factor that distinguishes her from the rest of Europe: the presence of racial, ethnic and religious influence from Africa, and, resulting therefrom, a unique moment in world history: the confluence of three major world religions in one geographical place. Christianity, Judaism, and Islam once flourished side by side in mutual tolerance and economic interdependence in the Andalusian region of southern Spain, known as 'Al-Andalus,' in the High Middle Ages. Tolerance of others who are different, as Maria Rosa Menocal points out, is the underpinning of this unique historical coincidence and the essential component for the development of science, philosophy, medicine, urbanization, and hence trade and commercial prosperity.1 The Jews and Christians of Muslim Andalusia flourished economically and culturally under the Umayyad, whose dynasty (661-750) was transplanted from Damascus to Cordoba by Abd al-Rahman (756- 1031) after a civil war between two rival Caliphates. These three religions borrowed language and architecture from one another leaving traces of their coexistence, not surprisingly, within the architecture and literature of Spain. In the present essay, I will examine the traces of coexistence between the Muslim and Christian world in architecture and literature, using the examples of the mezquita, or 'mosque', and the most important novel of Spain, Don Quixote of la Mancha (1605;1615) by Miguel de Cervantes Saavedra. This study incorporates an interdisciplinary approach that utilizes historical, literary, and architectural methods to explain the dual function of the margin— its architectural function in the Mosque and its narrative function as used in specific chapters from Cervantes's 1 Menocal, The Ornament of the World. 2 novel. Furthermore, I will show how the architectural margin of the wall of the mosque was familiar to Cervantes's readers who lived in Spain and this familiarity allows Cervantes to exploit the metaphorical meaning of the literary margin as architectural margin. A metaphor establishes an equivalency between a pair of images; the best-known example of which belongs to Ezra Pound, the founding leader of Imagism (1912-1923). This is a school of poetry that endorsed clarity of expression and simplicity through the use of precise visual imagery. The best- known metaphor is Pound's own, in which faces are compared with petals in the poem, "In a Station of the Metro": The apparition of these faces in the crowd: Petals on a wet, black bough.2 Through his architectural and literary metaphor, Cervantes covertly expresses his personal beliefs about multiculturalism that could not be directly expressed for fear of censorship by the Inquisition. My essay is divided in three sections. In the first section, I will present a historical overview of Muslim presence in the Iberian Peninsula. In the second section, I present a survey of Muslim Architecture in Andalusia based on the results of a photographic study of architecture I did while visiting Spain during study abroad. I survey the presence of Muslim architecture found throughout Andalusia, placing particular emphasis on the function of the margin in the design of the walls of the mosque reserved for the calligraphy that features citations of scripture from the Holy Koran. The margin, although small in size compared to the rest of the entire structure of the mosque, is as I will show, actually the most important part of the mosque. In the third section of my essay, I analyze the literary margin treated in the episode of the lost manuscript in Volume I: Chapters Eight and Nine of Cervantes's Don Quixote. I will look at 2 Judith Stallings-Ward, Gerardo Diego´s Creation Myth of Music: Fábula de Equis y Zeda. London: Routledge, 2020, 175. 3 the coexistence of the Christian and Arab writers in Cervantes's Don Quixote. The collaboration between Cervantes and Cide Hamete Benengeli allows Cervantes to establish a metaphor between the architectural margin of the mosque and the literary margin of the manuscript as the place for covertly expressing his esteem for multiculturalism and his condemnation of the expulsion of the Moors by national decree; a ploy he uses to escape censorship by the Inquisition. The play with spatial perspective (margin vs center) and the severance of the manuscript (with the lost section recovered in the market of Toledo) establishes the architectural and narrative metaphor that recalls the physical and cultural coexistence between Muslims and Christians valued by Cervantes. In addition, I examine how Cervantes extends this metaphor to also evoke the rupture of that coexistence through expulsion of the Moors, which Cervantes believed broke the backbone of the country. Part I: Historical Overview of Muslim Presence in the Iberian Peninsula The invasion of the Iberian Peninsula began with one young man named Abd Al- Rahman, the son of the Arab family ruling Damascus in the east—the Umayyads. However, during a civil war, his family was massacred, and his escape left him the sole survivor. He fled through North Africa into Cordoba where he began to establish himself as the Caliph, or ruler.3 After the Visigoth monarchy fell, Muslim control dominated the Iberian Peninsula. From 711 through 1492, Islamic society had a long and profound presence on shaping Spanish culture until the Christian kings unified the country. By 716, almost all of Iberia, with the exception of the far northwest and mountainous regions, was under Muslim control and the province was name 'Al- Andalus'. By naming the country in this manner, it directly opposes the 'Hispania' title that the 3 BBC Worldwide Learning, The Moorish South: Art in Muslim and Christian Spain from 711-1492. 4 Romans gave the peninsula, foreshadowing the enmity between the religions of Islam and Christianity.4 Abd Al-Rahman sought to recreate his cultural roots here in Iberia. The peninsula was dominated by the Umayyad dynasty, who had no affiliation to the eastern Muslim dynasties at the time, and were met with little to no resistance from the small groups of Christians still living in the peninsula. As demonstrated in Figure 1, the conquering forces came through Northern Africa and thus were also comprised of Berber forces from that region. By 741, there were approximately 12,000 Berber forces, 18,000 Arabs, and 7,000 Syrians entering through the Southern tip of the peninsula. This totaled anywhere from 4,000,000 to 8,000,000 living in the Iberian Peninsula at the time.5 6 Islam and Christianity under Islamic Rule By the mid eighth century, the population of Iberia had grown exponentially and became more diverse both racially and religiously. Although Muslim forces had conquered what remained of the Visigoth territories and established themselves as the dominant, ruling power, a 4 O'Callaghan, A History of Medieval Spain, 91. 5 Phillips and Phillips, A Concise History of Spain. 6 Alchetron.com. "Umayyad Conquest of Hispania - Alchetron, the Free Social Encyclopedia," August 18, 2017. https://alchetron.com/Umayyad-conquest-of-Hispania. Figure 1: Depiction of the route of Abd-Al Rahman and the subsequent conquests of the Muslim Empire. From Internet: public domain.6 5 majority of the population living in Iberia was still Christian. This undoubtedly posed issues for the Moorish rulers who practiced Islam. As a result, conversion became a necessity for Christians. It is important to distinguish between the upper and lower class when discussing the notion of conversion. Many Visigoth royalty, nobles, and influential families saw it in their best interest to convert and to do what they could to join the new rulers in an effort to pursue political advantages.7 Yet, the majority of Iberia was home to lower class Hispano-Roman Christians who converted out of survival. Despite this, many of the people in this situation retained their Christian faith while adopting Muslim customs like learning Arabic so as to appease the rulers. The name given to these people are mozárabes, or 'Mozarabs', meaning 'Muslim-like'.8 A Christian writer noted the following about Christians living under Islamic rule in 854: Our Christian young men, with their elegant airs and fluent speech, are showy in their dress and carriage, and are famed for the learning of the gentiles; intoxicated with Arab eloquence they greedily handle, eagerly devour, and zealously discuss the books of the Chaldeans (i.e. Muhammadans), and make them known by praising them with every flourish of rhetoric, knowing nothing of the beauty of the Church's literature, and looking down with contempt on the streams of the Church that flow forth from Paradise ; alas ! The Christians are so ignorant of their own law, the Latins pay so little attention to their own language, that in the whole Christian flock there is hardly one man in a thousand who can write a letter to inquire after a friend's health intelligibly, while you may find a countless rabble of kinds of them who can learnedly roll out the grandiloquent periods of the Chaldean tongue. They can even make poems, every line ending with the same letter, which displays high flights of beauty and more skill in handling metre than the gentiles themselves possess.9 It is evident from this passage that the Christians admired the Arabs for the type of civilization they created. The Mozarabs recognized that the Arabs had something to offer them in terms of literature, character, and even language. This demonstrates that on some level, there was an 7 Phillips and Phillips, A Concise History of Spain. 8 Phillips and Phillips. 9 Alvar, Indiculus luminosus; quoted from Arnold, The Preaching of Islam; A History of the Propagation of the Muslim Faith, 137-138. 6 acceptance of Muslim culture and practices which set the foundation for the incorporation of Islamic architectural styles and writing styles to be continued after the Christians' reconquering of Iberia. Christian Kingdoms and "La Reconquista" When the Muslim forces conquered Iberia, they were not able to infiltrate the regions in the north. These regions were not seen as an apparent threat because they were isolated, poor, and not heavily populated, so the Moors did not make a vigilant effort to convert or control these Christians.10 However, the Christian states organized themselves into kingdoms and solidified their control in northern Spain by the mid-twelfth century before moving into Southern Spain during the fourteenth and fifteenth centuries. The progression of the Christian kingdoms' conquests can be seen in Figure 2. 11 At the height of the reconquest, there were seven individual Christian kingdoms within the peninsula: Asturias, Galicia, Aragon, Navarre, Leon, Castile, and Valencia. Each of these kingdoms had their own struggles trying to gain territory, power, and recognition. The Kingdom 10 Phillips and Phillips, A Concise History of Spain, 55. 11 "Reconquista+General.Jpg (1600×914)." Accessed February 19, 2020. http://4.bp.blogspot.com/- ofiGywz891k/TzynBPnsc7I/AAAAAAAAAok/ECNzH3rSp3E/s1600/Reconquista+General.jpg. Figure 2: Timeline of the Christian King's Reconquest of the Iberian Peninsula. Internet: public domain.11 7 of Navarre was largely under the control of the French to the north and did not have much to do with the conquering of other Spanish Christian kingdoms, let alone taking a stance on combating the Arab south. However, not only were the Christian kings working to overthrow the Islamic caliphate and reconquer Iberia from the Muslims, they were all vying for control amongst themselves. In the tenth century, Alfonso III expanded into the regions of Galicia and Leon slowly gaining more territory and strengthening his Christian kingdom to combat the Moors. The kingdoms of Castile and Leon unified in 1085 and then under the kingship of Alfonso VI, they conquered Toledo.12 Toledo is situated where the Moorish Al-Andalus and the Christian kingdoms of Castile and Leon border each other, so the conquering of Toledo was a push in the right direction for the Christian kings' ultimate goal of expelling the Moors from Spain. In the northeast, Alfonso I of Aragon began consolidating his power and conquered Zaragoza by 1134, and joined with Barcelona in 1137 to form the Kingdom of Aragon. By this point, the Muslim empire was facing many issues in trying to run their territories and were slowly losing their sphere of power in the south. King Fernando III of Castile was able to penetrate Al-Andalus and conquer the Andalusian cities of Cordoba and Seville in the mid-thirteenth century. So, when the two kingdoms of Aragon and Castile prevailed over their Christian counterparts, they were left with only the Emirate of Granada as their last steppingstone to banish Muslim rule from the peninsula. King Fernando II of Aragon and Queen Isabella of Castile married in 1469 and this consolidated the royal authority of Spain.13 In January of 1492, the city of Granada fell to the Spanish forces and this ended the 780 years of Muslim control in the Iberian Peninsula. This was the final act of La Reconquista and the beginning of the age of Los Reyes Católicos or 'The Catholic Kings.' King Ferdinand and Queen 12 Phillips and Phillips, 306. 13 Phillips and Phillips, 116. 8 Isabela ruled into the first few years of the sixteenth century, which is marked as the beginning of the Spanish Inquisition—a judicial institution that was used to combat heresy in Spain. Islam and Christianity under Christian Rule Islam first began to submit to Christian rule during the period when the Christian kingdoms were all building up their states and conquering each other in the eleventh century. When Toledo was captured in 1085, allowing the Muslims to stay was crucial to the economic stability and the intellectual advancement of Christian society.14 With the expulsion of the Moors came the expulsion of their religion and began the institution of Christianity, more specifically Catholicism. The immediate issue that the church saw after the reconquest of Spanish cities was the need to introduce their ecclesiastical structure, so they began to assign bishops to these major cities in addition to creating two new ecclesiastical provinces.15 This rapid organization and dispersion of the Catholic religion in previously Islamic territories was not good news for those Muslims still living in Spain after the reconquest. The Christians could not simply expel the Muslims because in some places they made up the majority of the population and were an integral part of the economy for the country.16 Muslims who continued to live under Christian ruler adopted the name mudéjares or 'mudejars' in English. This name is derived from the Arabic word mudajan meaning 'permitted to remain' with a colloquial implication of 'tamed or domesticated.'17 Ironically, the same way the minorities were treated under Islamic rule, to include Christians, was now how the Muslims were treated under Christian rule. The Mudejars would practice their religion, law, and customs in addition to being permitted to continue their 14 Watt, A History of Islamic Spain, 150. 15 O'Callaghan, A History of Medieval Spain, 488. 16 Watt, A History of Islamic Spain, 151. 17 Watt, 151. 9 craft so long as they paid a tax. It was not uncommon for these minority groups to distinguish themselves by dressing differently and even inhabiting different quarters of town. During the thirteenth and fourteenth centuries, a period known as the Mudejar age, it is evident that there is a culture common to both Christians and Muslims, and that coexistence, to the point of assimilation, was possible. However, it is important to note that the Christians, being the dominant power, were selective in what they chose to assimilate. The most evident piece demonstrating assimilation is the artistic productions, both architecturally and literarily. It was obvious that incorporating the Muslims into society was necessary and beneficial, but towards the end of the fifteenth century, economic disparages were becoming obvious and the Mudejars were the wealthier of the two groups. This jealousy and animosity led to a growing prejudice of Mudejars and once Ferdinand and Isabella unified the peninsula, they turned this prejudice into policy. The previous flirtation of religious tolerance was coming to an end, but due to the policy written for the surrender of Granada, many people of Islamic faith were briefly safe in 1492, so these religiously intolerant policies attacked other groups, namely the Jewish factions of the country. This period of brutal intolerance is known as the Inquisition, and it drastically influenced Spanish society for the years to follow, to include Miguel de Cervantes's Don Quixote of La Mancha. Part II: Survey of Muslim Architecture in Andalusia Moorish architecture is something that when one sees it, they know it. It is a mixture of oriental and occidental to create a recognizable and unique form of architecture. There are certain staple architectural features that help make this style so well-known and are also the features that other cultures adopt simply because of their beauty. Some of these features include 10 stone parapets with Islamic crenellations, horseshoe windows and doors, towers sometimes evoking a minaret, domes, arches, slender pillars, and many of these features were typically constructed with alternating colors of yellow and red brick and stone.18 The following figures demonstrate these architectural features. 18 Kalmar, "Moorish Style: Orientalism, the Jews, and Synagogue Architecture," 73. Figure 4 (above): The series of arches and horshoe shaped doors. Taken by Alexandra Parent in the Royal Alcazar in Seville, Spain. January 31, 2018. Figure 5 (below): The classic Islamic crennelations and attention to detail that characterizes all of Islamic architecture. This is also exemplatory of the domes that were utilized in Moorish architecture. Taken by Alexandra Parent at the Royal Alcazar in Seville, Spain. January 31, 2018. Figure 3: The slender pillars and open courtyards. Taken by Alexandra Parent at the Alhambra in Granada, Spain. February 23, 2018. Figure 6: The Torre del Oro or Tower of Gold located in Seville, Spain. Exemplifies the use of towers and minarets in Islamic architecture. Taken by Alexandra Parent in Seville, Spain. April 12, 2018. 11 19 These features are apparent throughout all the everyday buildings within the cities of Al- Andalus, but they also came together to make great, exceptional buildings. One in particular is the Great Mosque in Cordoba. This was built when the religion of Islam was only a century old, so it is renowned as one of the first mosques ever built. This mosque is truly grandeur in architectural style in addition to sheer size. In Islamic faith, it is forbidden to depict Allah, or any religious figure, so the traditional methods of using a painting to inspire religious awe was not possible, thus allowing for architecture to take its place. As seen in Figure 7, the rows of archways are seemingly never ending and absolutely uniform. 20 The architectural margin of the mosque (Fig 8 and Fig 10.D), which Cervantes metaphorizes with the annotation of Dulcinea written on the margin in Don Quixote, refers to the most important part of the mosque: the inscriptions. In the Islamic religion, as aforementioned, worshipping any idols or to depict Allah, Muhammad, or any other important religious figures 20 "The Mosque-Cathedral of Cordoba (Spain)." Accessed February 19, 2020. https://www.turismodecordoba.org/the-mosque-cathedral-of-cordoba-spain. Figure 7: The Great Mosque located in Cordoba, Spain. Known for the uniformity and neverending archways and pillars. From Internet: public domain.20 12 through paintings are prohibited. So, the role of the inscriptions becomes the most important and revered part of the mosque much like the depiction of Jesus on the cross is worshipped by Christians. This is because the inscriptions are the holy words of the Koran. The phrase most 21commonly inscribed in these architectural margins are 'only Allah is victorious.' The metaphor Cervantes makes between the architectural and literary margin is developed to a second degree with the handwriting in the margin of the manuscript being Arabic calligraphy. This can be compared to the inscriptions in the architectural margin of the mosques, which are also written in Arabic calligraphy. This type of writing is very distinct from Western modes of writing because the purpose of Arabic calligraphy is "no como un medio utilitario de 21 Fernando Aznar, La Alhambra y el Generalife de Granada. Monumentos, 12. Figure 10: Architecture of the Mosque21 (from left to right and top to bottom): A) ataurique B) interlacing decoration C) calligraphy in the margin of the wall with scripture "Only Allah is Victorious". Also shown in Fig 11. D) horseshoe arc E) muqarnas F) half horseshoe arcs G) arc with muqarnas H) column with crowned capital Figure 8 (above): The horsehoe shaped windows and use of alternating colors and very detailed crennelations. The Arabic calligraphy can be seen above the windows. Taken by Alexandra Parent at the Alhambra in Granada, Spain. February 23, 2018. Figure 9 (above): Fig 8 on a closer scale to better see the calligraphy 13 comunicación entre los hombres sino como un medio sagrado de comunicación entre Dios y los hombres," meaning, it is not like a utilitarian means of communication between humans, but rather a sacred means of communication between God and men.22 This type of calligraphy that Arabs place in the margins of their mosques obviously have religious value and is called caligrafía cúfica or 'Kufic calligraphy' as is shown in Figure 11. 23 The text written in Arabic calligraphy in the margin of the wall of the mosque is epigrafía. It is present in all mosques and throughout the royal palace known as La Alhambra in Granada. As Fernando Aznar explains, "El texto tiene gran importancia en la decoración. Frases que ensalzan a Alá, o que hace referencia a las bellezas del lugar donde se encuentra, ditando a veces a los constructores de cada zona, se reparten por todos los muros de la residencia real."24This quote says that text has great importance in the decoration of the buildings, and that the phrases that praise Allah, or that refers to the beauties of the place where Allah is located, are all throughout the royal palace. It amplifies the important role that language has in religious symbols. 22 "La Caligrafía Árabe." 23 "Arabic Inscription." Alamy. Accessed February 24, 2020. https://www.alamy.com/stock-photo-arabic-inscription- carved-in-a-palace-wall-of-the-alhambra-in-granada-17181753.html. 24 Fernando Aznar, La Alhambra y el Generalife de Granada. Monumentos, 12. Figure 11: An example of Kufic calligraphy. The style of the Arabic writing in this image is classically used in Islamic mosques to state the word of Allah from the Holy Koran. This is the architectural margin. From Internet: public domain.23 14 Moorish Architectural Influence Under Christian Rule As the Christians slowly began organizing themselves into kingdoms and conquering Moorish cities in Al-Andalus, two incredibly different cultures met each other. As previously stated, an assimilation of sorts was taking place by the Christians who were adopting Islamic practices and other elements of their culture. Architecture was one of these elements that Christian rulers not only preserved, but in some cases built from bottom up utilizing these inherently Moorish styles. Using the example of the Mosque of Cordoba, it is important to note that in the middle of this Islamic prayer hall, there is something unknown to Islam; a Catholic Cathedral (Fig. 12, 13, and 14). This addition was made in the sixteenth century after the Moors were abolished from Iberia. The rulers who erected this cathedral demolished the central columns in order to make room for the Christian edifices, however, Charles V recognized the gravity of this action and how it drastically changed the ambiance and historical significance of this architectural feat. This cultural vandalism by the Christians is symbolic of the enforcement and imposition of their religion onto a different group of people. This theme is also apparent in the literary works of the sixteenth and seventeenth centuries to include Don Quixote of La Mancha by Miguel de Cervantes. Figure 12: Located in the middle of the Great Mosque of Cordoba. Christian, gothic architecture meeting with Islamic architectural styles. Taken by Alexandra Parent. January 31, 2018. 15 An example of Mudejar work is the Cathedral of Seville, built after the demolition of a mosque, in order to increase the power of the Christian rulers. The architectural style of the building is very European and gothic with high vaulted ceilings and stained glass.25 As a statement piece for Christianity in former Islamic Spain, it is not expected for one to find traces of Moorish architectural influence, but there is. The Cathedral was built by Christian architects, so there was no lack of qualified Christian craftsmen, however there are qualities inherently Moorish that make its way into this grand architectural achievement. As depicted in Figure 15, the high altar in the Cathedral is adorned in so much detail that it mimics the Moorish tendency to not leave any blank space. The incessant ornamental decoration style that was a part of Islamic Spain bled into and permeated traditional Christian and European styles of architecture making its way into the very soul of Christian craftsmanship. Although the Christian Spanish rulers 25 BBC Worldwide Learning, The Moorish South: Art in Muslim and Christian Spain from 711-1492. Figure 13 (right): Christian altar located in the middle of the Great Mosque of Cordoba in Spain. Taken by Alexandra Parent. January 31, 2018. Figure 14 (left): Example of Christianity inserting itself into Muslim architecture. Taken by Alexandra Parent. January 31, 2018. 16 erected this cathedral as a statement to assert their religious dominance, the Moorish aesthetic had already made its way into the minds of the architects of that era. In addition to this, the minaret attached to the Cathedral of Seville, La Giralda (Figure 16), is evidence of this as well. The construction of this minaret concluded in 1568 and is the twin tower to the city of Marrakech. Having begun construction in 1184, La Giralda is host to the visible mixing of Moorish and Christian culture. Through the stonework, inscriptions, and different styles used, La Giralda is evidence of this assimilation of cultural and architectural practices. 26 Perhaps the most notable architectural feat in regard to Moorish influence on Christianity is seen in the Real Alcázar, or Royal Alcazar. At first glance, it is a very distinct Moorish-looking building in terms of architecture; it contains the classic Moorish archways, courtyards, crenellations and pillars (Fig 17 and 18), so it would be reasonable to conclude that it was 26 "Cathedral of Seville. Aerial View." Accessed February 24, 2020. https://seebybike.com/blog/must-see-cathedral-and- alcazar-of-seville/cathedral-of-seville-aerial-view/. Figure 15 (right): The altar located inside the Cathedral of Seville. Known for it's incredulous detail and extravagant style that is suspected to be a result of lingering Moorish influences. Taken by Alexandra Parent. January 31, 2018. Figure 16 (left): An aerial view of the Cathedral of Seville. It includes many influences of Morrish architecture to include the large tower known as La Giralda, the minarets all over the building, and the many domes that make up the cathedral. From Internet: public domain.26 17 constructed under Islamic rule. However, Christian king Peter of Castile, also known as Peter the Cruel, commissioned the Alcazar as his royal palace in the fourteenth century. He made the Alcazar identical to the architectural stylings of the Spanish Middle Ages. So, the question arises as to why a Christian ruler would deliberately choose Islamic decoration? The answer is that it comes down to power. By appropriating the Islamic art and traditional expressions, the Christian ruler projects a sort of authority over the minority subjects.27 The Moorish expressions of wealth and power are understood differently than traditional Europeans, so by creating something that the Muslim population would recognize as powerful, Peter the Cruel wielded a sort of power over the Mudejars. 27 Fernández, "Second Flowering: Art of the Mudejars." Figure 17 (left): The courtyard of the Royal Alcazar. Despite being built by a Christian king, it has many, if not completely full of, influences from Islamic architecture. Note, the pillars, the archways, the courtyard, the crennelations. Taken by Alexandra Parent. January 31, 2018. Figure 18 (right): The Royal Alcazar in Seville, Spain. This wall has both Christian and Islamic influences. Note the differences between the lower floor and the second floor of the archways. The bottom is much more functional and plainer, like traditional Christian architecture whereas the top portions are much more detailed and colorful such as depicted by Islamic architecture. Taken by Alexandra Parent. January 31, 2018. 18 Part III: The Literary Margin Treated in the Episode of the Lost Manuscript in Volume I: Chapters Eight and Nine of Cervantes's Don Quixote When reading Don Quixote, the reader is frequently taken off the main narrative path involving the adventures of the main characters, the knight and his squire Sancho Panza, and led down secondary narratives involving encounters with characters who interrupt the main narration with tales of their own stories of love, captivity, and triumph. The complexity of the narrative shows the novel to be an amalgam of many different short novels, much like the way of the river Amazon, which is fed by many smaller rivers, at the heart of which is Cervantes's parody of books of chivalry. Nevertheless, the one unchanging constant is the way the novel opens a window onto the life and times of the man who wrote it. Cervantes's novel reflects his lived experience rooted in multicultural society whose heterogeneity was the source of Spain's economic and agricultural well-being. Cervantes saw the well-being of his country destroyed by the Hapsburg dynasty's religious intolerance and persecution of minorities who did not convert from their Jewish or Muslim faith. Cervantes himself was of Jewish ancestry. His father was a surgeon, a vocation known to be practiced by Jews. Cryptic references to his Jewish ancestry appear in the portada, or cover page of this novel. For example, the phrase from the book of Job—after darkness light is hoped for—and references to their inability to worship on the Sabbath appear in the first chapter of the novel; a day when the Jewish population must be in duelos and quebrantos, or 'pain and suffering'. While a student, Cervantes was arrested and ordered to have his right hand cut off for allegedly shooting a man who had insulted his sisters. Cervantes escaped punishment by fleeing to Italy from where he joined the Holy League (an alliance among the Vatican, France, and Spain) in the Battle of Lepanto, a major battle against the Turks in the waters of the 19 Mediterranean, during which Cervantes lost the use of his left hand. After his distinguished military service in this major victory against the Turks, Cervantes was taken captive and held prisoner for five years in Algeria. His profound understanding of the Islamic world of the Maghreb, as the northern region of Africa is known, is reflected throughout Don Quixote. Upon return to Spain, he obtained work as a tax collector tasked with gathering funds throughout Andalusia for the construction of the Spanish Armada. His detailed knowledge of the geography and customs of Southern Spain is reflected throughout the novel as well. Cervantes's experiences from his military expedition against the Turks, his years in captivity in northern Africa, his travels through Andalusia, and his Jewish ancestry can be added as another factor that forged the broad multicultural perspectivism formed in his novel. As a student, Cervantes was taught by Lope de Hoyos, a known follower of the Dutch humanist philosopher Erasmus of Rotterdam. Erasmus criticized the empty ritual of the Catholic Church as well as its intolerance for Christians, especially followers of Martin Luther, who sought an unmediated religious relationship with God; one that did not require mediation by a Catholic priest. The teachings of Erasmus, an intellect who denounced the hypocrisy of the Catholic Church and its persecution of minorities and different versions of Christianity, are embraced by Cervantes and find expression in a covert manner in Don Quixote (II: 22-23).28 The episode of the lost manuscript (Volume I:8-9) reflects the perspective of multiculturalism and diversity Cervantes gained from the life experiences outlined above. Chapter eight is first and foremost about Don Quixotes's iconic battle with the windmills, the most well-known episode of the novel. Don Quixote's illusion leads him to believe that the windmills were originally giants that have been transformed into windmills by his enemy, the 28 Judith Stallings-Ward, "Tiny (Erasmian) Dagger or Large Poniard? Metonymy vs. Metaphor in the Cave of Montesinos Episode in Don Quixote." 20 wizard Freston, to cheat Don Quixote from a victory in battle against them. The deception of the knight conveys Cervantes's use of humorous parody to denounce the books of chivalry whose fantasy version of reality has brainwashed Don Quixote. A subsequent adventure in this chapter reveals Don Quixote has another lapse of reason. He believes that a Basque woman travelling to Seville, preceded by two Benedictine friars who are not in her party, and surrounded by her own men on horseback, is a princess being kidnapped. Upon observing once again his master's mind in the grip of delusion, Don Quixote's squire Sancho Panza replies, "This will be worse than the windmills."29 This foreshadows the battle that Don Quixote will ultimately have with the Basque. At the end of Chapter eight, we are left with both men having their swords unsheathed and raised at each other, but then the narration of the story abruptly stops. The narrator, a literary form of Cervantes inserted into the story by the real historical Cervantes, begins to speak directly to the reader as if in an informal conversation with them to convey that the end of the scene and the rest of the history are missing.30 This narrative style continues into Part II, chapter nine when the narrator begins a search for the missing manuscript. In this chapter we are brought to Toledo and the narrator brings the reader through the Alcaná market. The narrator Cervantes tells the story of his journey to find the manuscript in the market and how he comes across a young boy trying to sell him some notebooks, old torn papers, and other small commodities. Cervantes is inclined to pick up a certain book that the boy has and realizes the script on the front is in Arabic. Since he could not read Arabic, he finds a Morisco aljamiado, so called for their ability to speak both Arabic and Spanish, who can help translate the manuscript. It was not difficult to find this person and soon Cervantes flipped to the middle of the book and asked the Morisco to translate. Cervantes points out the availability of translators of 29 Cervantes, Don Quixote, 62. 30 Cervantes, 65. 21 all classic languages in the market, thus underscoring the advantage of multicultural spaces such as the markets of Spain. As the translator--the Morisco aljamiado--began to read the page, he laughed at something written in the margin: it stated, "'This Dulcinea of Toboso, referred to so often in this history, they say had the best hand for salting pork of any woman in La Mancha.'"31 The narrator immediately knew that this was the missing manuscript he was looking for, so he had the Morisco read even more. It is then that the reader learns the novel was originally written in Arabic by the Arab historian Cide Hamete Benengeli. Narrator Cervantes commissions the Morisco to translate the entire novel, paying him in "two arrobas of raisins, and two fanegas of wheat," so that the story of Don Quixote and Sancho Panza can be continued.32 This process of translation of the original manuscript from Arabic to Spanish is now the source of the narrator Cervantes's history of Don Quixote, and it is a collaboration between the literary Christian "Cervantes" and the original Arabic author Cide Hamete Benengeli, delivered through the translator. The reader is now being told the story through someone else's eyes and mind. The novel descends into a rabbit hole of authorship in which, ironically, the new lens is a Morisco translator. This metaphor demonstrates that true Spanish history is written as a compilation between Christianity and Islam, not one or the other, thus demonstrating historical Cervantes's disdain and disapproval of the expulsion of the Moors. Rather, Cervantes displays the importance and necessity of diversity and multiculturalism. The true author, historical Cervantes, also establishes a metaphor between the literary margin, in which the literary Cervantes discovered the novel was indeed Don Quixote, and the architectural margins of the mosque. Cervantes does this in a very clever and implicit manner, 31 Cervantes, 67. 32 Cervantes, 68. 22 otherwise he would be severely censored. Through this implied metaphor of architectural and literary margins, Cervantes is able to write a novel that has commentary to covertly express his condemnation of the Moors and announce his glorification of multiculturalism. The focus of attention placed on the margin of the manuscript wherein Arabic commentary is written calls to mind the architectural margin of the mezquita, or 'mosque', in which the Arabic calligraphy is written. The comparison between the textual margin of Cervantes's manuscript and architectural margin of the walls of the mosque would be easy for the readers of Cervantes's day to recognize given the prevalence of Muslim architecture throughout Spain, as my survey in the first part of this essay shows. Furthermore, the handwriting in Arabic by the Arab historian easily calls to mind the calligraphy used for citations from the Koran. The Arabic commentary—associated with the authoritative word of the Koran placed in the margin of the walls of the mosque—second guesses the religious purity of Dulcinea, the object of courtly worship by the Christian knight. When the translator points out the Arab historian's commentary in the margin of the manuscript, that 'the Lady Dulcinea has the best hand at salting pork,' he taints her purity by placing her in contact with a food source that is considered polluted for Muslims. The comment casts Dulcinea in tainted light. The Arab historian's questioning of religious purity occurs in tandem with the questioning of the authority or authorship of the history of Don Quixote. The literary Cervantes is a Christian writer, but he is not the true author of the original manuscript; the Arab historian Cide Hamete claims true authorship; and Dulcinea is not the pillar of religious purity she is perceived to be. The play with the double meaning of the margin (textual vs architectural) occurs with the play of spatial perspective between margin vs center. The reader sees through Cervantes's use of the metaphor as a multicultural perspective that questions the absolute status of Christian 23 authority and Christian purity. The play with meaning and perspective in Cervantes's treatment of the margin in chapters eight and nine may be taken to one final and third level of development. The margin, shown to be central in connection with the ruptured or severed manuscript, is a covert expression for Cervantes's esteem for the contributions to Spanish society by the Muslim population of his country and his condemnation for their expulsion by governmental degree from Spain. In the eyes of Cervantes, this broke of the backbone of Spain's culture and economy since the Arab population made up an incredibly large portion of the Iberian Peninsula. Cervantes accomplishes this by, not only changing chapters, but beginning a whole new section of the novel. Part I concludes with chapter eight and the pending battle between Don Quixote and the Basque, then Part II begins with the narrator Cervantes informing the reader of his journey to find the rest of the novel. Being wary of the censorship that plagued others during the Inquisition, Cervantes chose this metaphorical approach to convey his true sentiments about the situation of Spain at this moment in history. This rupture in Don Quixote's history is reflective of the moment in Spain's history where law has been decreed to banish something so inherent to the nation itself: the Moorish people. By placing these episodes side by side, Cervantes invites the reader to compare the delusion of the Hapsburg imperial vision and its expulsion of the Moors with the episode of the windmills. The blindness of Spain's government seems even more laughable than Don Quixote's own misguided attack on the windmills. Cervantes's play with the margin allows him to express his views on multiculturalism in an indirect manner that allowed him to escape censorship by the Inquisition. The Inquisition was not savvy enough to realize that this profound division between Part I and II is symbolic of the division of tolerant Spain into an intolerant Spain. After Cervantes 24 died, the Inquisition did censor and expurgate a passage that was considered too directly stated. In chapter thirteen, Don Quixote is once again declaring his servitude and attesting to the beauty of his beloved Dulcinea of Toboso. In his description to Vivaldo, he uses a Petrarchan metaphor, a very classical and renaissance style of poetry, to describe Dulcinea. Don Quixote states (Volume I:13): "Her tresses are gold, her forehead Elysian fields, her eyebrows the arches of heaven, her eyes suns, her cheeks roses, her lips coral, her teeth pearls, her necklace alabaster, her bosom marble, her hands ivory, her skin white as snow, and the parts that modesty hides from human eyes are such, or so I believed and understand, that the most discerning consideration can only praise them but not compare them."33 While eloquently put, Cervantes is nonetheless making references to the private areas of Dulcinea's body and thus was censored by the Catholic Church in 1624 after his death; they dared not censor him before since his novel made him so beloved by the people. Cervantes was too clever to have to follow the rules. His questioning of authority was apparent from the very opening words of the novel when he writes, "[s]omewhere in La Mancha, in a place whose name I do not care to remember…"34 Cervantes conveys how exact places and names are all arbitrary and are not relevant to the novel. This echoes Cervantes own questioning of authority and Spain's religious Inquisition going on that persecuted the Moors and other minorities alike. 33 Cervantes, Don Quixote, 91. 34 Cervantes, 19. 25 Conclusion The religious tolerance and interdependence between minorities of Al-Andalus, which are reflected through the architecture of Andalusia and also underscored in Cervantes's Don Quixote through the metaphorical treatment of the literary margin in the episode of the lost manuscript, seems evermore elusive today. In light of the divisiveness and racism rampant in our society that mars efforts toward multiculturalism and diversity, such as those undertaken at universities like Norwich, tolerance seems like the impossible dream that is the object of the quest of the chivalrous knight Don Quixote. 26 Bibliography Arnold, Thomas Walker. The Preaching of Islam; A History of the Propagation of the Muslim Faith. New York: C. Scribner's sons, 1913. http://archive.org/details/preachingofisla00arno. Aznar, Fernando. La Alhambra y el Generalife de Granada. Monumentos Declared of World Interest by Unescco. Mariarsa:1985. BBC Worldwide Learning. The Moorish South: Art in Muslim and Christian Spain from 711- 1492. Documentary Film. The Art of Spain: From the Moors to Modernism, 2009. https://fod.infobase.com/p_ViewVideo.aspx?xtid=39408. Cervantes, Miguel. Don Quixote. Translated by Edith Grossman. 5 edition. New York: Harper Collins, 2003. Fernández, Luis. La Historia de España en 100 preguntas. Madrid, Spain: Ediciones Nowtilus, 2019. https://ebookcentral.proquest.com/lib/norwich/reader.action?docID=5703133&ppg=1. Fernández, María Luisa. "Second Flowering: Art of the Mudejars." Saudi Aramco World, The Legacy of Al-Andalus, 44, no. 1 (February 1993): 36–41. Harsolia, Khadija Mohiuddin. "Captivity, Confinement and Resistance in Mudejar and Morisco Literature." University of California, Riverside, 2016. WorldCat.org. https://search.proquest.com/docview/1849025713?accountid=14521. Kalmar, Ivan Davidson. "Moorish Style: Orientalism, the Jews, and Synagogue Architecture." Jewish Social Studies 7, no. 3 (2001): 68–100. "La Caligrafía Árabe." Accessed February 21, 2020. http://www.arabespanol.org/cultura/caligrafia.htm. Maíz Chacón, Jorge. Breve historia de los reinos ibéricos. 1a. edición. Quintaesencia ; 6. Barcelona: Ariel, 2013. http://catdir.loc.gov/catdir/enhancements/fy1313/2013369841- b.html. Menocal, Maria Rosa. The Ornament of the World: How Muslims, Jews and Christians Created a Culture of Tolerance in Medieval Spain. Reprint edition. Boston: Back Bay Books, 2003. O'Callaghan, Joseph. A History of Medieval Spain. 1st ed. Ithaca, New York: Cornell University Press, 1975. https://ebookcentral.proquest.com/lib/norwich/detail.action?docID=3138541. 27 Phillips, William D., and Carla Rahn Phillips. A Concise History of Spain. Cambridge Concise Histories. Cambridge: Cambridge University Press, 2010. https://library.norwich.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true &db=e000xna&AN=490553&scope=site. Raquejo, Tonia. "The 'Arab Cathedrals': Moorish Architecture as Seen by British Travellers." The Burlington Magazine 128, no. 1001 (1986): 555–63. Sheren, Ila Nicole. "Transcultured Architecture: Mudéjar's Epic Journey Reinterpreted." Contemporaneity: Historical Presence in Visual Culture 1 (June 1, 2011): 137–51. https://doi.org/10.5195/contemp.2011.5. Stallings-Ward, Judith. "Tiny (Erasmian) Dagger or Large Poniard? Metonymy vs. Metaphor in the Cave of Montesinos Episode in Don Quixote." Comparative Literature Studies. 43.4 (2006) special issue: Don Quixote and 400 Years of World Literature. 441-65. Stallings-Ward, Judith. Gerardo Diego´s Creation Myth of Music: Fábula de Equis y Zeda. London: Routledge, 2020. Urquízar-Herrera, Antonio. Admiration and Awe: Morisco Buildings and Identity Negotiations in Early Modern Spanish Historiography. 1 online resource (289 pages) vols. Oxford: OUP Oxford, 2017. http://public.ebookcentral.proquest.com/choice/publicfullrecord.aspx?p=4850548. Watt, W. Montgomery. A History of Islamic Spain. Islamic Surveys; 4. Edinburgh: Edinburgh University Press, 1977.
Questa ricerca si propone di ricostruire l'evoluzione della politica di sicurezza della Repubblica Federale Tedesca durante il periodo generalmente definito di "distensione internazionale" (o détente). Si è deciso di condurre l'analisi intorno ad alcune questioni che sono state individuate come centrali per lo sviluppo della politica di sicurezza dell'Alleanza Atlantica, nelle quali la Germania occidentale ha avuto un ruolo significativo cercando di avanzare propri specifici interessi nazionali. Le tematiche scelte sono: il cambiamento strategico avvenuto nell'ambito del sistema di sicurezza transatlantico, il dibattito intorno al Trattato di Non Proliferazione Nucleare, i negoziati per la Conferenza di Helsinki e quelli per la riduzione di armamenti convenzionali nel continente europeo (MBFR). Attraverso una ricostruzione della posizione tedesco‐occidentale nei dibattiti sopra citati si cercheranno di delineare le caratteristiche della politica di sicurezza che la classe politica di Bonn elaborò e portò avanti durante gli anni della distensione. Nella tesi verrà dato particolare risalto ai tentativi della Germania occidentale di cominciare a porsi nella comunità internazionale – a partire dalla metà degli anni '60 – come un attore ormai maturo e indipendente. Pur mantenendo uno stretto rapporto con gli alleati occidentali ed evitando accuratamente un rischioso isolamento internazionale, la Bundesrepublik Deutschland (BRD) manifestava infatti in quel periodo un'insofferenza piuttosto esplicita nei confronti di una gestione del contesto internazionale che essa giudicava eccessivamente improntata alle esigenze delle due superpotenze. Tale considerazione fu determinante nella decisione della Germania occidentale di voler partecipare attivamente alla distensione, senza subirla. Una manifestazione evidente di quest'approccio nella politica estera dei governi di Bonn fu senza dubbio la Neue Ostpolitik, ovvero l'innovativa politica portata avanti dalla Repubblica Federale Tedesca nei confronti degli stati del Patto di Varsavia. Negli stessi anni della nuova Ostpolitik (tra la fine degli anni '60 e l'inizio del decennio successivo) la BRD cercò di modificare ‐ almeno in parte ‐ anche il rapporto con gli alleati occidentali e dunque la propria Westpolitik, con l'intenzione di intraprendere una politica estera che fosse in ogni campo (dunque anche nel delicato settore della sicurezza) maggiormente in linea con i propri specifici interessi. Contesto temporale L'arco temporale che viene preso in esame nella tesi va dal 1967 al 1975. Si è scelto come termine iniziale il 1967, considerandolo un anno cruciale sia per le evoluzioni del sistema internazionale, sia per le novità che si presentarono nel contesto politico interno della Repubblica Federale Tedesca. Per quanto riguarda lo scenario internazionale, nel 1967 ebbero luogo due eventi che a nostro avviso permettono di ritenere tale anno uno spartiacque nella storia della Guerra Fredda, ovvero l'adozione da parte della NATO del "Rapporto Harmel" e il cambiamento di dottrina strategica della stessa alleanza occidentale. Mentre con il Rapporto Harmel gli stati membri del campo occidentale prendevano in considerazione il perseguimento di una politica – possibilmente comune e coordinata ‐ di distensione con il blocco comunista, con l'adozione della dottrina di "Risposta Flessibile" l'Alleanza Atlantica di fatto riconosceva il raggiungimento sovietico di una parità nucleare strategica con gli USA e cercava di adattare la propria strategia ai mutati equilibri internazionali. Anche dal punto di vista della storia della Germania occidentale il 1967 è una data che si può giudicare particolarmente rilevante al fine di stabilire un'utile periodizzazione. Nel dicembre del 1966 infatti ‐ a seguito della caduta del governo Erhard (CDU/CSU‐FDP) – nella Repubblica Federale Tedesca venne costituito un governo di Große Koalition, ovvero basato sull'alleanza dei partiti conservatori con i socialdemocratici dell'SPD. Tale coalizione di governo rappresentava una novità del tutto inedita nella storia politica della Germania occidentale. Sebbene infatti il Cancelliere ‐ nella persona di Kurt Kiesinger ‐ fosse ancora una volta espressione delle forze conservatrici della CDU, i socialdemocratici arrivavano per la prima volta al potere (con la nomina di Willy Brandt a capo dell'importante Ministero degli Esteri). L'azione politica di questa nuova alleanza di governo fu funzionale all'avvio di un "processo di emancipazione" della Repubblica Federale Tedesca, che la vedeva definire i suoi interessi in modo più autonomo dai propri alleati rispetto alla prima fase della propria esistenza politica. L'analisi della politica di sicurezza tedesco‐occidentale rappresenta dunque un interessante banco di prova per riscontrare i segni di tale evoluzione e individuare le caratteristiche di continuità e discontinuità rispetto agli anni precedenti. Come termine finale della ricerca si è scelto invece l'anno 1975, data comunemente considerata dagli storici come l'apice della distensione, a causa della conclusione della Conferenza di Helsinki e dell'emanazione del relativo Atto Finale. La seconda metà degli anni '70 rappresenta infatti una fase significativamente diversa dal periodo precedente, in cui i presupposti della distensione entrarono progressivamente in crisi e – con il cambiamento sia delle problematiche del contesto internazionale sia dei suoi principali protagonisti – si è ritenuto dunque opportuno non inserirla nella stessa trattazione. Fonti della ricerca Le fonti su cui si basa questa ricerca comprendono sia pubblicazioni di carattere storiografico e memorialistico, sia documenti d'archivio. Per quanto riguarda la letteratura, ci si è concentrati sulle opere fondamentali di storiografia relative alla Guerra Fredda e in particolare alla fase di distensione e su volumi e saggi sulla storia e l'analisi della politica estera e di sicurezza della Germania occidentale, tanto nel contesto generale del conflitto Est‐Ovest quanto nel periodo specifico che va dalla fine degli anni '60 alla metà del decennio successivo. Per l'approfondimento del tema specifico ci si è poi serviti ‐ oltre che di volumi storiografici, memorialistica e saggi in libri collettanei ‐ anche di articoli scientifici pubblicati in importanti riviste internazionali quali Cold War History, Diplomatic History, History & Memory, War in History, Contemporary European History, Bulletin of German Historical Institute (Washington D.C.), Journal of Cold War Studies e Journal of Transatlantic Studies, e alcune pubblicazioni tedesche tra cui Europa Archiv (edita dalla Deutsche Gesellschaft für Auswärtige Politik ‐ DGAP), Vierteljahrshefte für Zeitgeschichte (pubblicata dall'Institut für Zeitgeschichte di Monaco‐Berlino) e Archiv für Sozialgeschichte. Per quanto riguarda poi i protagonisti degli eventi discussi, oltre alla lettura delle relative memorie e autobiografie, sono state di grande utilità le raccolte pubblicate di loro scritti, interviste e discorsi. Dal punto di vista dei documenti, una fonte particolarmente utile sono stati i documenti diplomatici tedeschi pubblicati nelle raccolte ufficiali degli "Akten zur Auswärtigen Politik der Bundesrepublik Deutschland" (AAPD), editi per il Ministero degli Esteri dall'Istituto di Storia Contemporanea di Monaco‐Berlino. Sempre nell'ambito dei documenti pubblicati ‐ tra le altre utili raccolte ‐ sono state fondamentali per questa ricerca soprattutto le trascrizioni delle sessioni di lavoro della Commissione Esteri del Bundestag ("Der Auswärtige Ausschuss des Deutschen Bundestages; Sitzungsprotokolle"), attraverso le quali si è potuto ricostruire con una certa precisione il dibattito parlamentare relativo ai temi affrontati. Il lavoro di ricerca in archivio si è focalizzato esclusivamente sulle fonti tedesco‐occidentali. Per quanto riguarda le fonti provenienti dal Ministero degli Esteri si è fatto ampio uso dei fondi reperiti presso il "Politisches Archiv des Auswärtigen Amts" (PA AA) situato a Berlino. Un altro archivio fondamentale per realizzare questa ricerca è stato l'Archivio del Partito Socialdemocratico che si trova a Bonn‐Bad Godesberg, all'interno della "Friedrich Ebert Stiftung" (Fondazione politica dell'SPD). Nella Fondazione sono consultabili gli archivi personali dei principali protagonisti della classe politica socialdemocratica della BRD, tra cui l'Archivio Willy Brandt, il Deposito Egon Bahr e l'Archivio Helmut Schmidt. Un terzo archivio consultato è stato il "Bundesarchiv" (Archivio Federale) di Koblenz, presso il quale si è potuto analizzare il fondo dei documenti relativi all'Ufficio della Cancelleria. Un'altra fonte d'archivio – seppure d'importanza minore per questa ricerca (a causa dell'arco temporale solo in parte coincidente con il tema scelto) ‐ è stata poi rappresentata dal materiale del "Nuclear History Program" (NHP), una collezione di documenti declassificati provenienti dal Ministero della Difesa della Repubblica Federale Tedesca e di altre fonti raccolte sempre nell'ambito del NHP (quali atti di convegni e produzioni di storia orale). Il fondo relativo al progetto NHP è conservato attualmente al "Militärgeschichtliches Forschnungsamt" (Istituto di ricerca per la storia militare) di Potsdam. Poiché la tesi privilegia lo studio degli aspetti politici della sicurezza rispetto alla dimensione più propriamente militare, non sono state invece consultate le fonti primarie del Ministero della Difesa tedesco, salvo il suddetto fondo "NHP". Stato dell'arte, metodologia e obiettivi Nella tesi ci si propone di analizzare l'evoluzione della politica di sicurezza della Repubblica Federale Tedesca durante il periodo della distensione, ponendo una particolare attenzione all'istanza di emancipazione della stessa BRD nei confronti dei propri alleati. Una domanda alla quale si è cercato di rispondere è pertanto in che misura si possa per quel periodo parlare da una parte di una continuità della politica tedesco‐occidentale rispetto al passato e dall'altra parte di un progressivo scostamento, anche radicale, dallo stallo politico interno e internazionale in cui Bonn aveva finito per trovarsi a metà degli anni '60. L'analisi del periodo 1967‐1975 si pone anche come un imprescindibile punto di partenza per tentare di individuare la formazione di un'autonoma identità di sicurezza tedesca, il cui impatto divenne poi più evidente tra la metà degli anni '70 e la fine della Guerra Fredda. Tale aspetto ci sembra particolarmente utile anche ai fini di poter ampliare un quadro interpretativo storiografico circa le più generali relazioni transatlantiche nell'ultima fase del conflitto Est‐Ovest, in cui si può registrare una certa divergenza politico‐strategica tra l'Europa occidentale e l'alleato statunitense, derivante in larga misura da diverse valutazioni e percezioni delle minacce presentate dal contesto internazionale. Per quanto riguarda la storiografia disponibile sul tema di questa ricerca, si deve constatare come sia pressoché ancora assente uno studio completo sulla politica di sicurezza della Repubblica Federale Tedesca durante gli anni della distensione. Se infatti non mancano pubblicazioni "generali" degne di nota, 7 relative alla storia politica della BRD durante tutto il periodo della sua esistenza (di Helga Haftendorn, Timothy Garton Ash e Wolfram Hanrieder),1 o studi che si focalizzano su aspetti specifici della politica estera di Bonn (come quelli di Mary Elise Sarotte sulla Ostpolitik, William Glenn Gray sulla Dottrina Hallstein e la sua crisi, Petri Hakkarainen sulla CSCE e Arne Hofmann sul pensiero politico di Brandt)2, il panorama relativo alla politica di sicurezza appare più lacunoso e frammentario. Alcuni contributi – seppure utili – appaiono inoltre piuttosto datati e pertanto non si sono potuti avvalere delle fonti primarie d'archivio resesi nel frattempo disponibili. Tra essi si devono ad esempio menzionare il volume di Martin Müller sui negoziati MBFR e quello di Catherine Kelleher sul nucleare.3 Vi è poi un altro gruppo di autori che ha affrontato – in modo rigoroso e utilizzando anche fonti primarie – temi di politica di sicurezza tedescooccidentale, concentrandosi tuttavia su un arco temporale precedente a quello che si è scelto in questa ricerca. Le loro analisi sono estremamente interessanti e offrono importanti spunti per approfondire il campo di ricerca in questione. Fanno parte di questa serie le ricerche pubblicate nell'ambito del "Nuclear History Program" (NHP), progetto di ricerca internazionale attivo soprattutto negli anni '90, tra cui spiccano i volumi di Axel Gablik, Christoph Hoppe e Christian Tuschhoff, tutti focalizzati sul periodo compreso tra gli anni '50 e la metà degli anni '60.4 Il tentativo di Barry Blechman e Cathleen Fisher (dello statunitense Institute for Defense Analyses) di indagare le diverse attitudini dei vari partiti politici tedesco‐occidentali relativamente al tema del controllo degli armamenti ‐ nonostante sia privo di un solido inquadramento storico (avvalendosi esclusivamente del contributo di analisti politici) e risulti spesso frammentario ‐ suggerisce altresì interessanti piste di ricerca.5 Utili elementi relativi alla politica di sicurezza tedesca si trovano anche in due pubblicazioni in cui l'analisi della storia della Germania è affiancata a quella di Gran Bretagna e Francia, al fine di metterne in luce similitudini e divergenze, ovvero il volume di Beatrice Heuser sulle strategie nucleari europee6 e quello di Daniel Möckli sul tentativo di politica estera comune sperimentato dall'Europa occidentale tra la fine degli anni '60 e l'inizio degli anni '70.7 Le pubblicazioni più autorevoli nell'ambito della politica di sicurezza della BRD sono probabilmente quelle risultanti dalle molteplici ricerche compiute da Christoph Bluth e da Helga Haftendorn. Bluth ha dedicato un libro all'analisi della strategia nucleare della BRD e della Gran Bretagna durante tutta la Guerra Fredda e un altro volume invece alla dimensione convenzionale della sicurezza, analizzata dalla prospettiva di Bonn.8 Se si esclude il volume della Haftendorn9, peraltro datato e con un orizzonte temporale limitato al 1955‐1973, avente ad oggetto l'analisi della politica tedesco‐occidentale nel processo di disarmo e controllo degli armamenti in tutte le sue diverse sfaccettature, si deve constatare come manchi ancora ad oggi una ricerca sulla politica di sicurezza della Repubblica Federale Tedesca che riesca (esaminando in modo soddisfacente le singole tematiche comprese) a coprire tutto il periodo della détente. Vanno a colmare – almeno parzialmente – le lacune presenti nella storiografia sulla politica di sicurezza di Bonn, numerosi articoli dedicati alla Germania presenti in volumi collettanei di più ampio respiro, tra i quali si devono ricordare quelli di Oliver Bange e Gottfried Niedhart, e di Andreas Wenger, Vojtech Mastny e Christian Neunlist sulla CSCE;10 quelli di Wilfried Loth e Georges‐Henri Soutou, e di Piers Ludlow dedicati alla dimensione europea11 e quello di Carole Fink e Bernd Schaefer sulla Ostpolitik.12 A questi si devono aggiungere infine alcuni volumi relativi alle relazioni di Bonn con i propri alleati occidentali, tra cui si ricordano qui quello curato da Detlef Junker sui rapporti con gli USA e quello edito da Thomas Schwartz e Matthias Schulz più in generale sulle relazioni tra Europa e Stati Uniti.14 Se dunque la storiografia relativa alla politica estera della Germania occidentale è piuttosto ricca, si deve tuttavia notare come – in tale ambito ‐ l'analisi specifica della politica di sicurezza tedesco‐occidentale sia un campo ancora relativamente inesplorato dalla ricerca storica. La letteratura che prende in esame la storia della Repubblica Federale Tedesca durante gli anni della distensione si è infatti prevalentemente concentrata sulla Nuova Ostpolitik di Willy Brandt e sul suo impatto nel contesto internazionale, trascurando invece lo studio della politica di sicurezza e della posizione tedesco‐occidentale all'interno del contemporaneo vivace dibattito transatlantico su difesa, sicurezza e controllo degli armamenti. La maggior parte della storiografia (tedesca e internazionale) esistente sulla politica della BRD durante la distensione ha preso infatti in esame la straordinaria azione diplomatica dei governi tedesco‐occidentali nei confronti degli stati del blocco comunista e – nei casi in cui la storia tedesca è stata affrontata in un contesto più ampio – si è scelto di indagare principalmente come gli alleati di Bonn (e in primo luogo gli Stati Uniti) reagissero alla Ostpolitik attuata soprattutto a partire dal 1969 dal governo social‐liberale Brandt‐Scheel. Da quanto si riscontra nell'analisi del materiale bibliografico disponibile, la grande attenzione della storiografia nei confronti degli sviluppi della Ostpolitik non si è pertanto accompagnata ad una parallela analisi approfondita della Westpolitik tedesco‐occidentale dello stesso periodo. Si è deciso dunque di porre proprio tale tematica al centro di questa tesi, ritendendo che – negli stessi anni della celebre Ostpolitik – la politica estera della BRD presenti un'evoluzione particolarmente interessante anche a proposito delle relazioni con i propri alleati, soprattutto dal punto di vista dell'elaborazione strategica e della gestione della propria politica di sicurezza. Da un punto di vista concettuale la presente ricerca si colloca innanzitutto in quella tendenza storiografia che approfondisce lo studio della Guerra Fredda aggiungendo i punti di vista specifici di "junior partner", che consentano pertanto un superamento della tradizionale (e ormai decisamente in via di superamento) interpretazione strettamente bipolare del conflitto Est‐Ovest. Questo studio si prefigge dunque l'obiettivo di approfondire la conoscenza della politica di sicurezza della BRD tra gli anni '60 e '70 al fine sia di contribuire ad una migliore comprensione della specifica declinazione tedesco‐occidentale della strategia di distensione, sia di aggiungere al contempo un tassello alla storia dei rapporti transatlantici e in generale della politica occidentale durante tale fase della Guerra Fredda. Questo secondo obiettivo deriva dalla considerazione che la Repubblica Federale Tedesca tra la fine degli anni '60 e l'inizio del decennio successivo rappresentasse un attore chiave del contesto internazionale, passando rapidamente dall'essere il maggiore ostacolo per una distensione Est‐Ovest al rappresentarne il suo motore fondamentale. Tale cambio di approccio di Bonn nei confronti della propria questione nazionale e del più generale scenario europeo metteva in moto dinamiche per certi aspetti problematiche dal punto di vista degli stati del Patto di Varsavia e degli stessi alleati della BRD nel campo occidentale. La "questione tedesca" ‐ al centro della Guerra Fredda fin dalle origini del conflitto Est‐Ovest ‐ continuò probabilmente anche negli anni della distensione a rappresentare il fulcro degli sviluppi politici internazionali. Tutto ciò evidenzia pertanto come un'analisi critica della politica estera e di sicurezza della Repubblica Federale Tedesca possa contribuire in modo significativo ad un miglioramento della comprensione delle generali dinamiche di trasformazione in atto nel contesto storico della détente. In questa ricerca si è cercato di affrontare l'argomento scelto tenendo presente – oltre che il contesto tedesco – anche un quadro d'analisi d'insieme, che comprenda ad esempio il processo di elaborazione politico‐strategica dell'Alleanza Atlantica e le relazioni di Bonn con gli alleati europei e con la superpotenza egemone del campo occidentale. La politica del blocco occidentale è stata pertanto indagata da un punto vista sia multilaterale (dunque essenzialmente nel processo di integrazione europea e soprattutto nel contesto della NATO) sia – seppure in misura minore ‐ bilaterale (ovvero dei rapporti della Germania con i singoli alleati). L'obiettivo che ci si è posti è stato pertanto quello di contribuire ad un approfondimento della conoscenza della politica estera della BRD durante gli anni della distensione, collocando le strategie di Bonn nell'ambito delle politiche del campo occidentale e dei principali dibattiti in corso in quel periodo nel contesto delle relazioni transatlantiche. La scelta di prendere in esame un arco temporale piuttosto esteso (nove anni) e una molteplicità di tematiche – decisione peraltro necessaria per individuare i tratti di continuità e d'innovazione della politica di sicurezza della BRD rispetto al periodo precedente – non ha consentito tuttavia una ricostruzione esauriente e con un alto grado di dettaglio per ognuno degli argomenti affrontati (ciascuno dei quali sarebbe in se stesso degno e passibile di essere oggetto di una specifica tesi di dottorato). Se l'assenza di una trattazione più approfondita talvolta può apparire grave nella ricostruzione degli eventi, tuttavia l'obiettivo di ricostruire lo sviluppo della politica tedesco‐occidentale non avrebbe consentito altra scelta se non quella di analizzare appunto in modo congiunto alcuni snodi fondamentali di quel periodo e le principali questioni che – nell'ambito della sicurezza – impegnarono i governi di Bonn in tali anni, a discapito di un possibile maggiore approfondimento Struttura della tesi La tesi si compone di cinque capitoli e delle conclusioni. I primi due capitoli sono di carattere introduttivo per la trattazione dell'argomento centrale e sono serviti come strumenti per affrontare in modo rigoroso e documentato il tema scelto, inserendolo in un appropriato contesto storico e storiografico. Si è scelto infatti di dedicare un primo capitolo alla ricostruzione delle caratteristiche di quella fase della Guerra Fredda comunemente definita dagli studiosi come "distensione" e all'esame della principale storiografia esistente su tali anni, al fine di analizzare il contesto internazionale di cui ci si occuperà poi nello specifico dalla prospettiva tedesco‐occidentale. Considerata la complessità e l'eterogeneità del fenomeno della distensione internazionale, si è ritenuto infatti necessario dedicare all'inizio dell'esposizione un ampio spazio a tale tema, per comprenderne gli eventi centrali e le più rilevanti letture che ne hanno dato gli esperti. Prendendo in esame alcuni autori e le loro pubblicazioni, si è cercato perciò di presentare le principali interpretazioni relative al periodo della distensione, che presentano tra loro alcune analogie ma anche significative divergenze, sia per quanto riguarda il punto di vista scelto per affrontare l'argomento sia per le conclusioni che gli stessi storici ne hanno tratto. In questo primo capitolo si è dunque affrontata la distensione come tema generale e non circoscritto all'esperienza tedesca, reputando infatti imprescindibile rispetto al tema scelto un'analisi preliminare dell'intero contesto internazionale e delle dinamiche in atto negli anni '60 e '70. Dopo aver dunque esaminato e discusso la bibliografia fondamentale sulla distensione, si passa poi ad un'analisi della storia della Germania occidentale. Il secondo capitolo consiste infatti in una ricostruzione a grandi linee della storia politica della Repubblica Federale Tedesca dal dopoguerra (e dunque dalla sua fondazione) fino alla distensione e alla sua relativa crisi. Analizzando l'evoluzione della politica estera e di sicurezza della Germania occidentale in questo arco temporale, si è accordato ampio spazio allo sviluppo della Entspannungspolitik (politica di distensione) tedesca, riscontrando come tale esperienza sia stata centrale per una maturazione politica dello stato tedesco occidentale in direzione di una sempre più evidente emancipazione dalla stretta dipendenza dai propri alleati (e in parte anche dal proprio drammatico passato). A questi primi due capitoli, che hanno la funzione di definire il contesto internazionale della détente e le caratteristiche della politica tedesco‐occidentale in tale periodo, seguono i tre capitoli centrali della tesi. Il terzo capitolo si focalizza sul 1967, che ‐ come si è già accennato, rappresenta una data cruciale per la storia dell'Alleanza Atlantica e della stessa BRD, a causa dell'adozione del Rapporto Harmel, del cambiamento della dottrina strategica NATO e della formazione del governo di Große Koalition. Il quarto e il quinto capitolo sono invece di carattere tematico: ognuno di essi ricostruisce infatti ‐ durante tutto l'arco temporale scelto (1967‐1975) – il comportamento e il ruolo della Repubblica Federale Tedesca nell'ambito di due questioni centrali per la sicurezza tedesco‐occidentale quali, rispettivamente, il dibattito sugli armamenti nucleari e il tema dei negoziati multilaterali per una distensione politica (CSCE) e militare (MBFR) in Europa. Il terzo capitolo cerca pertanto di evidenziare quali fossero i presupposti per una distensione politica e militare, analizzando come l'Alleanza Atlantica cercava di affrontare il crescente problema della credibilità degli Stati Uniti nei confronti dei propri alleati e come la BRD reagiva ai cambiamenti in atto nel contesto politico‐strategico transatlantico. Il capitolo quarto, dopo aver delineato le principali tappe nell'evoluzione del rapporto della Germania occidentale con le armi nucleari, esamina in particolare il dibattito che si sviluppò a livello internazionale e nella Repubblica Federale Tedesca intorno al Trattato di Non Proliferazione Nucleare (TNP) del 1968. L'ultimo capitolo è poi dedicato all'intensa attività diplomatica svolta dal governo di Bonn nell'ambito della Conferenza di Helsinki (CSCE) e dei negoziati per un controllo degli armamenti convenzionali in Europa (MBFR). Si cercheranno infine di avanzare alcune conclusioni derivanti dall'analisi delle tematiche scelte in questa ricerca, nel tentativo di contribuire al dibattito più generale sul fenomeno della distensione internazionale e all'interpretazione storiografica riguardante la crescita politica della Repubblica Federale Tedesca durante gli anni '60 e '70.
Issue 25.6 of the Review for Religious, 1966. ; Implementation of Vatican II by Paul VI Religious Community and the Primi-tive Church by Thomas Barrosse, A Reflection on Perfectae Caritatis by Gustave.Martelet, S.J. The Family Fallacy by Hilary Smith, O.G.D. Are Teaching Brothers Still Needed? by J. M. R. Tillard, O.P. Devouonal Confession by Dale Olen, O.F.M.Gap. Deepening Vocational Com~nitmen~ by Sister Marian Dolores, S'.:N.J.M. Humility and Pei'~onality by wali' s. S.S. Subli~nation~ by.Sister M. Rosalie, O.P. Religious and Gr~duate!!Studie~ by Michael P. 8heri~n, Blueprint.for Dialogue by Thomas Dubay, S.M. Survey of Roman DoE~uments Views, News, Previews QuesUons and ~nswers Book Reviews Indices for Volume 25, 1966 939' 971 986 1000 1018 1030 1042 1051 1055 1062 1070 1084 1088 ]092 1106 1127 VOLUME 25 N'UM~ER 6 ~Vovember 196~ Notice to Subscribers Because of constantly increasing costs, REVIEW FOR RELIGIOUS finds it necessary to increase the cost of its individual issues as well as of its sub-scriptions. The new rates, effective in 19(37, will be the following: (1) Individual issues of the REVIEW will cost one dollar; this price will apply not only to all issues beginning with 19(37 but also to all previously published issues. (2) Subscriptions in the United States, Canada, and Mexico will cost $5.00 per year; $9.00 for tw9 years. (~) Subscriptions to other countries will cost $5.50 per year; $10.00 for two years. (4) All the above prices are in terms of U.S.A. dollars; accordingly all payments must be made in U.S.A. funds. These prices wilI affect all individual issues sokl on or after January 1, 1967. The new subscription prices will be applicable to all subscriptions-- new and renewed--beginning with the January, 1967, issue of the REvmw. PAUL VI Implementation of Cer-tain Decrees of Vatican Council II The~ postconciliar administration of the Church clearly requires that there be established for the Church's affairs new norms and dispositions which correspond to the requirements of the Council and which are better adapted to the new goals and areas of the apostolate that the work of the Council has brought to the Church's at-tention as existing in the world of our time--a pro-foundly changed world that needs the full glow of light and longs for the supernatural warmth of charity. Because of these considerations, as soon as the Council was finished, We accordingly established study commis-sions to collect, each in its own area, information and to frame a practical program; the purpose of all this was that definite norms might be set down for the implemen-tation of the conciliar decrees which had already been granted a delay from imm. ediate execution. These com-missions, as We wrote with satisfaction in Our motu pro-prio letter, Munus apostolicum, of June 10, 1966, dili-gently occupied themselves with their assigned task; and at the assigned time they made known their findings to Us. After We had attentively considered their findings, We judged that it was now time for the aforementioned norms to be published. Since, however, the'entire mat-ter is one that pertains to discipline, an area to which ek-perience may be able to contribute further suggestions; and since, moreover, a separate commission is engaged in the revision and emendation of the Code Of Canon Law in which all the laws of the Church will be codified to-gether in a fitting, appropriate, and determined way; We * This is a translation of the motu proprio apostolic letter, Ecclesiae sanctae, issued on August 6, 1966; the translation was made [rom the Latin text as given in Osservatore romano, August 13, 1966, pp. 1-3~ 4. 4. 4, Implementation Vatican I1 VOLUME 25, 1966 have thought that it would be wise and prudent for Us to publish these norms for an experimental period. During this interval of time episcopal conferences may communicate to Us any observations and comments which the execution of these norms may convince them should be made; likewise, they can also propose new ideas to Us. Accordingly, after thinking the matter over carefully, on Our own initiative-and by Our apostolic authority, We decree and promulgate the following norms for the implementation of the decrees of the Council beginning with.the words: Christus Dominus (on the pastoral office of bishops in the Church), Presbyterorum ordinis (on the ministry and life of priests), Per[ectae caritatis (on the adaptation and renewal of religious life), and Ad genres divinitus (on the missionary activity of the Church); and We order them to be observed for an ex-perimental period; that is, until the new Code of Canon Law is promulgated unless in the meantime the Apostolic See should provide otherwise. These norms will begin to be effective on October 11, 1966, the Feast of the Motherhood of the Blessed Virgin Mary, the day on which four years ago the Council was solemnly inaugurated by Our predecessor of venerable memory, John XXIII. All the matters determined by Us in this motu proprio letter We order to be fixed and unalterable, all contrary things, even those worthy of very special mention, not-withstanding. Given at Rome at St. Peter's on August 6, 1966, the Feast of the Transfiguration of our Lord Jesus Christ, in the fourth year of Our pontificate. Paul PP. VI ÷ ÷ ÷ Paul REVIEW FOR RELIGIOUS NORMS FOR THE DECREES ON BISHOPS AND ON PRIESTS The episcopal office, which the Second Vatican Coun-cil has clarified in the dogmatic constitution, Lumen gen-tium, and in the decree, Christus Dominus, was divinely established for the building up of the Mystical Body of Christ which is the Church. For this reason these holy pastors must show a perse-vering zeal in the fulfillment of their duty of teaching, sanctifying, and shepherding the People of God. In doing this, they should generously share with the roman pon-tiff the solicitude of all the churches, they should ear-nestly provide for the good administration of the dio-ceses entrusted to them, and finally they should work together for the good of their several churches. In the direction of the dioceses e.ntrusted to them the bishops require helpers and counselors, the first of which are the priests; hence bishops should willingly listen to these latter and even be desirous of consulting ~hem, though in all matters there should always be retained as fixed the bishop's power of acting, freely, of setting up directives and norms, and of enacting laws in accord with his own conscientious concept of his office and with the principles of the government of the Church (see the dog-matic constitution, Lumen gentium~, n. 27). In order, therefore, that the bishops may be able to fulfill their pastoral duty more ea,sily and fittingly and in order that they might translate into practice the prin-ciples solemnly approved by the Council in the decrees, Christus Dominus and Presbyterorum ordinis, the fol-lowing norms are established. Distribution of the Clergy and Assistance to Dioceses (N. 6 of the decree, Christus Dominus, and n. 10 of the decree, Presbyterorum ordinis) 1. If it is deemed opportune, there should be set up at the Apostolic See a special committee the purpose of which will be to provide general ~rinciples for a better distribution of the clergy in the light of the needs of the various churches. ,, 2. It will be the duty of patriarchal synods and of epis-copal conferences, the prescriptionls of the Apostolic See being observed, to enact ordinances and to publish norms for the bishops by which there may be secured a fitting distribution of the clergy coming from their own terri-tory as well as of those coming fr6m other regions. Such a distribution should provide [orl the needs of all the dioceses of a given territory; the welfare of the churches in mission lands and in countries~ with a lack of clergy should also be cared for. Therefore, every episcopal con-ference should establish a commission whose work it will be to investigate the needs of the various dioceses of the territory as well as the possibilities of the dioceses for giving from their own clergy to other dioceses, to put into execution the determinations made and approved by the conferences with regard to the distribution of the clergy, and to convey these determinations to the bishops of the territory. ~ 3. In order that the transfer of clerics from one diocese to another be made easier--the p(actice of incardination and excardination being retame~d though ~n a form adapted to new circumstances--the following prescrip-tions are set down. § 1. Clerics in seminaries shoqld be trained so that they are solicitous not only for ithe diocese for whose service they are ordained but also for the entire Church + + + Implementation o~ Vatican Ii VOLUME 25, 1966 941 Paul VI REVIEW FOR RELIGIOUS and so that with the permission of their own bishop they are ready to devote themselves to particular churches whose needs are great. § 2. Except in the case of genuine necessity in the home diocese, ordinaries and hierarchs should not refuse permission to go elsewhere to those clerics whom they know are prepared and whom they judge to be suited when such clerics ask to perform their sacred ministry in regions having a serious lack of clergy; however, they should see to it that the rights and duties of these clerics are defined by a written agreement with the lbcal ordi-nary of the region that has been asked for. : § 3. In the case of clerics 'intending to transfer from their own diocese to a diocese of another' country, the same ordinaries should see to it that they are adequately prepared to exercise the sacred ministry in such places; that is, they should see to it that such clerics .acquire a knowledge of th~ language of that region and that they have an understanding of its institutions, of its social conditions, and of its usages and customs. § 4. Ordinaries can grant their clerics permission to transfer to another diocese for a determined time, which caff also be renewed indefinitely; t.his should be done, however, in such a way that such clerics remain incardi-hated in their own diocese and enjoy, when they return to it, all the rights they would have if they had devoted themselves to the sacred ministry in it. § 5. A cleric, however, who has legitimately transferred from his own diocege to another is ipso iure incardinated into the latter diocese after five years if he has manifested in writing such an intention both to the ordinary of the diocese he is in and to his own ordinary provided that within four months neither of these has expressed in. writing a contrary opinion. 4. Moreover, for the accomplishment of special pas-toral or missionary activities for various regions or social groups which need special help, there can be usefully established by the Apostolic See prelatures which consist of specially trained priests of the secular clergy and which are under the direction of their own prelate and possess their own statutes. It will be the duty of this prelate to: establish, and di-rect a national or international seminary in which stu-dents are appropriately trained. This prelate also has the right of incardinating such students and of promot-ing them to orders under the title of service to the prel-ature. The prelate should provide for the spiritual life of those promoted under the aforementioned title, for their special training which should be completed without de-lay, and for their special ministry in the light of agree- ments made with the local ordinai'ies to whom the priests are sent. Likewise, he should pro~,ide for their decent sus-tenance which should be met by the agreements that have been made or by the goods 0[ the prelature itself or by other suitable means. Similarly, he should provide for those who because of poor health or for other reasons must give up the work entrusted to them. Provided agreements have been made with the prel-ature, nothing prevents laymen, whether unmarried or married, from dedicating themselves and their profes-sional experience to the service of the prelature's works and undertakings. Such prelatures are not to be established except after consultation with the episcopal conferences of the terri-tory in which the prelature will carry out its work. In doing its work, the prelature should take every care to observe the rights of the local ordinaries and to have close and continual relationships with the episcopal con ferences. 5. Finally, with regard to the use of ecclesiastical goods it is also within the co~npetency of patriarchal synods and episcopal conferences to enact ordinances by which, attention being paid first of all to the needs of the dio- 'ceses of the territory, there are imposed on the dioceses certain levies to be paid for the sake of apostolic or char-itable works or for the sake of churches which possess 'small resources or which for special reasons are in need. Power ol Bishops o[ Dioceses (N. 8 of the decree, Christus dominus) 6. The norms for the execution of number 8 have been established in the motu proprio apostolic letter, De episcoporum muneribus, dated June 15, 1966. Fostering Pastoral and Scientific Study (N. 16 of the de-cree, Christus Dominus, and n. 19 of the decree, Presby-terorum ordinis) 7. The bishops, either individually orin cooperation, should see to it that during the year after, ordination all priests, even those engaged in the ministry, complete a series of pastoral lectures and that they also attend at stated times other lectures which are to provide them with the occasion of acquiring fuller knowledge of pas-toral matters and of theological, moral, and liturgical science, of strengthening their spiritual life, and of com-municating in a mutual and fraternal way their apos-tolic experiences. The bishops or the episcopal conferences, according to the circumstances of each territory, should see to it that one or more priests of proved knowledge and virtue Implementation Vatican H VOLUME 25, 1966 943 REVIEW FOR RELIGIOUS ~944 be chosen as., directors of studies for the purpose of pro- . rooting and: organizing the pastoral: lectures as well as the other helps judged to be n.ecessary for the ~cientific and pastoral fqrma.tion of the~priests of a given territo~; such helps incl.ude st.udy centers, traveling libraries, cate-chetical, homiletic,: or liturgical congresses, and ~the like. Remuneration and Sbcial Wellare of Priests (N. 16 of the de~ree, Christus Dominus, and nos. 20-1 of the de-cree, Presb~?terorum ~dinis) 8. Patriarchal synods and episcopal conferences should see to it that norms be set up, whether for each diocese or for several dioceses in common or for the entire te~i-tory, by which appropriate provisions are made for the due sustenance of clerics who are or have been engaged in the service of the People of God. The remuneration to be made to clerics should be essentially the same for all in the same circumstances, due regard being had [or the nature of a given office and for circumstances time and .place; the remu.neration should be sufficient .to enable clerics to lead a decent life and also to be of help to the poor. ¯ ,The reform of the system of benefices is entrusted to the commission.for the revision of the Code of Canon Law. In the meantime bishops, after conferring with their council of priests, should take care to provide for a just distribution of goods including also the revenues coming from benefices. The same episcopal conferences should~see to it that at least in those regions where the sustenance of the clergy depends completely or in large part on the offer-ings of th'e faithful each diocese has a special fund in which off, rings for thi~ purpose are collected. The ad-ministrator of this fund should be the bishop of th~ dio-cese ,himself who can be ass!sted, however, by delegated priests and, when it is advantageous, by laymen experi-enced in financial'mhtters.' Finally, the same episcopal conferences should see~ to it that in each country, ecclesiastical and civil laws always being observed, there should be either interdioc-esan institutions or institutions coestablished [or vari-ous dioceses" or'a consociation for an entire country by which sufficient provision' may be. made' under the vigi-lance of °the hierarchy for an adequate health insurance and benefit program and for the sustenance of-clerics who are sick, injured, or aged; It will be left to the revision 0f the Code of Canon Law to set down conditions for the establishment in each diocese or region of another ,common fund by which bishops can meet other obligations to persons serv-ing ~the Chulch and provide [or other needs of the dio- cese and by which richer dioceses can also help poorer dioceses. Care o1 Special Groups (N. 1"8 of the decree, Christus, Dominus) 9. 'In consideration ~ of today's great numbers of emi-grants and' travelers, the episcopal conferences' are asked to entrust to a specially delegated, priest or to a special commission everything pertaining t.o the study and direc-tion of the spiritual care of th~s~ groups. Nomination of,Bishops (N. 20 of the decree; Christus Dominus) . ¯ 10. Wi~h full retention of the roman pontiff's right of freely nominating and constituting bishops and without prejudice to the discipline of the Eastern Churches, the episcopal conferences in accordance wi~h the norms given or to be given by the Apostolic See should each year consult in secret and with prudence about the pro-motion of ecclesiastical persons to the office of. bishop in their territory; and they should propose the names of candidates to the Apostolic 'See. Resigr~.ation of Bishops (N. 21 of the decree, Christus Dominus) 11. For the implementation of the prescription of number 21 of the decree, Christus Dominus, all bish-ops of dioceses as well as other persons comparable to them in law are 'earnestly requested that before the com-pletion of their seventy-fifth year~ and of their own accord they tender their ~resignation of their office, to the.c6m-petent authority which will provide for the matter after considering all the circumstances of each case. A bishop whose resignation from office has' been ac-cepted can maintain, if he desires, his residence in the diocese. Moreover, the diocese itself should provide an appropriate and worthy sustenafice for a resigned bishop. It is the duty of the conferences of bishops to determine in a general way 'the conditions according to which the dio(ese should fulfill this duty. Boundaries o[ Dioceses (Nos. 22--4 of the decree, Christus Domin~us) 12.- § 1. In order that the boundaries of dioceses can be duly revised, the episcopal conferences, each for its own territory, should examine the present territorial di-visions of. the churches, setting up, if necessary, a special commission for this. For this examination it is necessary that the status of the dioceses with regard to territory, persons, and things be duly investigated, Individual bishops who are directly affected as well as the bishops ÷ ÷ ÷ Implementation vatican 1I VOLUME 25, 1966 945 ÷ ÷ ÷ Paul VI REVIEW FOR RELIGIOUS 946 of the entire ecclesiastical province or region within whose limits the revision of dioceses takes place should be consulted; as far as possible there should be used the help of genuinely expert persons whether ecclesi-astical or lay; the intrinsic reasons suggesting the chang-ing of boundaries should be considered with calmness; there should be considered for possible introduction all the changes treated in numbers 22-3 of the decree,~ Christus Dominus; in the divisi6n or dismembering of dioceses care should be taken to achieve an equitable and suitable distribution of priests and of seminarians, regard being had for the needs of the ministry of salva-tion to be exercised in each diocese and for the special circumstances and wishes of the priests and seminarians. § 2 With regard to the Eastern Churches it is desira-ble that in determining the boundaries for eparchies account should also be taken of the greater closeness of those places in which the faithful of the same rite live. Faculties of Auxiliary Bishops (Nos. 25--6 of the de-cree, Christus Dominus) 13.-§ 1. Auxiliary bishops must be established for a given diocese whenever this is demanded by the genuine needs of the apostolat~ exercised there. In the matter of the power to be given to an auxiliary bishop the chief considerations to be kept in mind are the following: the welfare of the Lord's flock that is to b.e shepherded, the status of membership in the episcopal college with which the auxiliary is honored, and his effective cooperation with the bishop of the diocese. § 2. The bishop of the diocese should make his auxil-iary either a vicar general or syncellus or an episcopal vicar, dependent, however, in every case exclusively on the authority of the bishop of the diocese. § 3. In order that the common welfare of the diocese be sufficiently provided for and that the dignity of the auxiliary bishop be safeguarded, the Council desired to make known its wish that when a see is vacant those who possess the right of doing so should entrust the di-rection of the diocese to the auxiliary or, when there are more than one, to one of th~ auxiliaries. Neverthe-less, ~ unless in a given case some other arrangement be made by competent authority, an auxiliary bishop as vicar general or as episcopal vicar does not lose the powers and faculties he possesses by law when the see is occupied. When, therefore, an auxiliar)~ is not elected to the office of vicar capitular, he retains the power con-ferred on him by law until a new bishop takes possession of the see; he should exercise this power in full concord with the vicar capitular who is the head of the admin-istration of the diocese. Episcopal Vicars (N. 27 of the decree, Christus Dominus) 14. - § 1. The new office of episcopal vicar was legally instituted by the Council in order that the bishop through the increase of these new co-workers might be able to carry out his pastoral direction as well as possible. Therefore it is left to the free decision of the bishop of a diocese to constitute one or more episcopal vicars accord-ing to the special needs of the place; moreover, his fac-ulty remains intact of naming one or more vicars general according to the norm of canon 366 of the Code of Canon Law. § 2. Episcopal vicars who according to the bishop's nomination are such in a given part of the diocese or in,~a certain type of activities or with regard to the faith-ful of a given rite or to groups of persons possess the ordinary vicarious power which common law gives to the vicar general. Therefore, within the limits of their com-petency they have the habitual faculties granted by the Apostolic See to the bishop as well as the execution of rescripts unless something else has been expressly pro-vided for or was purposely reserved to the person of the bishop. Nevertheless, the bishop of a diocese is free to reserve matters that he chooses to himself or to the vicar general; likewise, he is free to confer on the episcopal vicar the special mandate prescribed by common law for certain matters. § 3. As a co-worker of the episcopal office the episcopal vicar should refer everything done or to be done to the bishop of the diocese; moreover, he should never act in opposition to the latter's mind and will. Furthermore, he should not neglect to institute frequent conferences with the other co-workers of the bishop--~specially with the vicar general in ways to be determined by the bishop of the diocese; the purpose of such conferences is to strengthen unity of discipline among the clergy and the people and to obtain greater results in the diocese. § 4. A request denied by a vicar general or by an epis-copal vicar cannot be validly granted by another vicar of the same bishop even though he has considered the reasons for the denial of the vicar who made it. Moreover, a request denied by a vicar general or syn-cellus or by an episcopal vicar and afterward obtained from the bishop is invalid if no mention was made of the previous denial; a request, however, denied by the bishop cannot be validly obtained from a vicar general or an episcopal vicar without the consent of the bishop even if the previous denial has been mentioned. § 5. Episcopal vicars who are not auxiliary bishops are nominated for a set time to be determined in the very act of establishing them; nevertheless, they can be re- + + + Implementation Vatican I1 VOLUME 25, 1966 947 + ÷ ÷ Paul Vl REVIE~V FOR RELIGIOUS moved at the will of the bishop. When the see is vacant, they lose their office unless they are auxiliary bishops; it is, however, advisable for the vicar capitular to use them as his delegates so that the good of the diocese will not be harmed. The Council of Priests and the Pastoral Council (N. 27 of the decree, Christus Dominus, and n. 7 of the decree, Presbyterorum ordinis) 15. The following points refer to the council of priests: § 1. In each diocese according to ways and forms to be determined by the bishop there should be a council of priests; that is, a group or senate of priests representing the priests as a whole; this senate is to be such that by its advice it can effectively assist the bishop in the admin-istration of the diocese. In this council the bishop should listen to his priests, consult them, and confer with them about matters pertaining to the needs of pastoral work and to the good of the diocese. § 2. Insofar as they have a part in the care of souls and in the works of the apostolate religious will also be able to be admitted among the members of the council of priests. § 3. The council of priests has only a consultive voice. 24. When the see is vacant, the council .of priests ceases unless in special circumstances authenticated by the Holy See the vicar capitular or the apostolic admin-istrator confirms it. However, the new bishop will establish his own new council of priests. 16. The following points refer to the pastoral council so highly recommended by the decree, Christus Dominus: § 1. The work of the pastoral council is to investigate and appraise all pastoral works and to make practical conclusions concerning such works. All this is to be done in such a way that conformity with the gospel be pro-moted with regard to the life and action of the People of God. § 2. The pastoral council, which has only a consultive voice, can be constituted in various ways. Ordinarily, even though by its nature it is a permanent institution, its membership and activity can be for a definite time, performing its work on given occasions. The bishop can convoke it whenever it will seem opportune to him. § 3. In the pastoral council clerics, religious, and lay persons, specially chosen by the bishop, have a part. § 4. In order that the purpose of this council be actu-ally achieved in practice, it is desirable that its work in common be preceded by previous stndy with the help, if the matter warrants it, of institutes or offices which are at work in the area of the council's purpose. § 5. When hierarchies of diverse rites are present in the same territory, it is strongly recommended that as far as possible the pastoral council be interritual; that is, that it consist of clerics, religious, and lay persons of the diverse rites. § 6. Other dispositions are left to the free determina-tion of the bishop of the diocese, account being taken of the matters mentioned in number 17. 17.-§ 1. In matters involving the council of priests, the pastoral council, and their relations to each other or to the committees already existing by reason of present law, it is advisable that the bishops, especially when they are met in their conferences, take common counsel and publish similar norms in all the dioceses of the territory. The bishops should also take care that all diocesan councils be coordinated as closely as possible by a clear-cut determination of competency, by mutual sharing of members, by common or successive sessions, and by other such means. §2. In the meantime until they are revised, the bishop's councils that are in existence by reason of ex-isting law, that is, his cathedral chapter, his group of consultors, and others of the same type if there be such, retain their own work and their own competency. Suppression of Rights and Privileges in the Conferral of O~ces and Benefices (N. 28 of the decree, Christus Dominus) 18.-§ 1. The good of souls demands that the bishop possess due liberty to confer offices and benefices, even those without the care of souls, in a suitable and equi-table manner on the clerics who are best fitted for them. The Apostolic See will no longer reserve to itself the conferral of offices or benefices, whether with or without the care of souls, unless they be consistorial; in the law of the formulation of every benefice those clauses will be eliminated in the future which restrict the freedom of the bishop with regard to the conferral of the benefice; non-onerous privileges, hitherto granted to physical or moral persons and involving the right of election, nomi-nation, or presentation for any non-consistorial office or benefice, are abrogated; also abrogated are customs and rights of nominating, electing, and presenting priests for a parochial office or benefice; the law of competitive examinations is suppressed for offices and benefices, in-cluding those without the care of souls. With regard to what are called popular elections, it is the duty of the episcopal conferences where such elec-tions exist to propose to the Apostolic See what seems ÷ ÷ + Implementation of Vatican I1 VOLUME 25, 1966 9,i9 ÷ ÷ ÷ Paul VI REVIEW FOR RELIGIOUS 950 most opportune with a view of abrogating them as far as possible. § 2. If, however, rights and privileges in this matter were established by reason of a convention between the Apostolic See and a nation or by reason of a contract made with physical or moral persons, the matter of the cessation of such rights and privileges must be taken up with the interested parties. Deans (N. 30 of the decree, Christus Dominus) 19.-§ 1. Among the closer co-workers of the bishop of a diocese are to be included those priests who exercise a pastoral function of a supraparochial nature; among such are vicars forane who are also called archpriests or deans and among Eastern Christians protopriests. For the exercise of this position there should be appointed priests who are outstanding for their knowledge and their apostolic activity and who, when they are given due faculties by the bishop, can suitably promote and direct common pastoral action in the territory entrusted to them. Accordingly, this office is not affixed to a deter-mined parish. 2. Vicars forane, archpriests, or deans are appointed for a set time to be determined by special law; however, they can be removed at the will of the bishop. In the case of the nomination, transfer, or removal of parish priests in the territory of which the deans are in charge, it is advisable that the bishop of the diocese consult them. Removal, Transfer, and Resignation of Pastors (N. 31 of the decree, Christus Dominus) 20.-§ 1. Without ~rejudice to the present law of religious, the bishop can legitimately remove any pastor from a parish whenever in the opinion of the bishop his ministry, even without any serious fault of his own, is made harmful or at least ineffective because of any of the causes listed in law or for similar reasons; until the revision of the Code the mode of proceeding in this matter is to be that laid down for irremovable pastors (cc. 2157-=61 of the Code of Canon Law), the law of the Eastern churches retaining its force. § 2. If the good of souls or the'need or welfare of the Church. demands it, the bishop can transfer a pastor from his parish in which he is successful to another parish or to any other ecclesiastical office. If, however, the pastor refuses, the bishop, in order that the transfer be validly enacted, should follow in every detail the way of acting noted above. § 3. In order .that the prescriptions of number 31 of the decree, Christus Dominus, can be put into execu- tion, it is requested of all pastors that of their own accord before the completion of their seventy-fifth year they submit their resignation to their own bishop who, hav-ing considered all the circumstances, will decide whether to accept or defer the resignation. The bishop should provide those who resign with suitable sustenance and habitation. Establishment, Suppression, and Change of Parishes (N. 32 of the decree, Christus Dominus) 21.-§ 1. Every effort should be made that there be suitable partitioning or division of parishes in which because of the excessive number of the faithful or the excessive extent of the territory or because of any reason whatsoever apostolic activity can be exercised only with difficulty or in a less than suitable way. Likewise, parishes that are too small should be united into one as far as the matter demands and circumstances allow. § 2. Parishes should no longer be united by full right to chapters of canons. If any are so united, after consul-tation with the chapter and the council of priests they should be separated and a pastor established-~selected either from the capitulars or not--who should possess all the faculties which belong to pastors .according to the prescriptions of law. § 3. By his own authority and after consultation with the council of priests the bishop of a diocese can es-tablish, suppress, and change parishes; however, he must do this in such a way that if there are conventions be-tween the Apostolic See and the civil government or if there are rights involved belonging to physical or moral persons, the matter be suitably adjuste~d with the pre~ ceding subjects by the competent authority. Religious (Nos. 33--5 of the decree, Christus Dominus) 22. The norms set forth here apply to all religious, men and women, of whatever rite, but without prejudice to the rights of the Eastern patriarchs. 23-§ 1. All religious, including .exempt ones, working in places where a rite different from their own is the only one or is so much greater with respect to the num-be of its faithful that in common estimation it is judged. to be the only one, are dependent on the local ordinary or hierarch in those things which involve the external works of the ministry; and they are subject to him ac-cording to the norms of law. § 2. Where, however, there are many local ordinaries or hierarchs, the same religious in discharging their func-tions among the faithful of different rites are bound by the norms which are given by the common consent of these ordinaries and hierarchs. VOLUME 25, 1966 951 Paul, REVIEW FOR RELIGIOUS , 24. Although. the exemption of religious within its own legitima.te confines also applies in mission localities, still, because of the special circumstances of the sacred ministry exercised in those places and according to the' mind of the decree, .dd gentes divinitus," the special stat-utes are to be observed that have been giv.en or approved by the Apostolic See with regard to the relationships be-tween the local ordinary and the religious superior, es-pecially in the case'of; a mission entrusted to a given institute. 25.-§ 1. All religious, including exempt ones, .are bound by the laws, decrees, and ordinances enacted by the local ordinary with regard, to the various works con-cerned with the exercise of the sacred apostolate as well as with pastoral, and social action pr~scribed or recom-mended by the local ordinary. § 2. They are likewise bound ,by the laws, decrees, and ordinances ~nacted by the local ordinary or by the conference of bishops regarding among other things~ the following matters: a) the public"use of all means of social communica-tion according to the norm of numbers 20 and 21 of the decree, Inter miril~ca; ~ . , b) attendance at public spectacles; c) membership or cooperati.on with societies or asso-ciations which the 'local. ordinary or the episcopal con-ference has declared forbidden; d) dccle~iasti~al garb, thqugh there remain in force canofi 596 6f the ~Code of Canon Law and canon 139 of the Code of Canofi Law f6r. the East'.ern Church; the matter of ecdlesiastic.al g~.,rb 'is to include the following regulation: The l'6dal, ordinary or the episcopal confer-ence, in order ~6'~ ~oid'scarid~ilizin'g the faithful, can prohibit, the clergy, both secular and religious, including the exempt,,on~s., from publi,cly wearing lay garb. ¯ 26. Furthermore, the sarape ~r$1igio~us are bound by the laws and decrees' efia~teff by the local ordinary with re-gard to the public exercise 6f -~orship. They "are bound to this in their 6wn churches" ~nd in their public as well as their semipublic oratories if the faithful ordinarily attend them, without prejud.ic~, however,, to the rite iegitimately used f~r theirs.,, own c.ommunity only and account bei.ng taken of ~the o'rdo for the choral Divine Office and for the. sacred functions pertaining to the spe-cial purpose ~f"the institute. 27.-§.1. The epis.copal .conference of each nat.ion, having consulted the religious superiors involved in the matter, can determine norms with regard to the soliciting Of donations;, the~ norms must be observed by all reli-gious, not excluding those who by reason of their insti-. tute are called and are mendicants, without prejudice, however, to their right to beg. § 2. Likewise, religious should not begin the collec-tion of funds by means of a public ,subscription without the consent of the ordinaries of the places in which the funds are collected. ~ 28. The proper or special ~vorks of ~ach institute are those which with the approval of the Apostolic See have been undertaken from its foundation or on account of venerable traditions and which accordingly have been defined and regulated by the constitutions and other proper laws of the institu.t_e. These works, should be zealously fostered by' re!igious, special account being made of the spiritual necessities of the dioceses and fra-ternal concord being maintained with the diocesan clergy and with other institutes engaged in similar works. 29.-§ 1. The.proper or special works exercised in the institute's houses, even those that are rented, are de-pendent on the superiors of the institute who should direct and regulate them according to the constitu-tions. Nevertheless, works of this kind are also subject to the jurisdiction of the local ordinary according to the norm of law. § 2. However, works, ' even though proper and special to the institute, which are entrusted to it by the local ordinary are subject to the ordinary's authority and direction, there being retained, however, the right of religious superiors to watch over the life of their mem-bers as well as to watch over, together with the local ordinary, the execution of the functions entrusted to them. 30.- § 1. ~)ther matters of law being observed, a writ-ten agreement should be made between the local ordi-nary and the competent superior in the case of,the com-mitting of a work of" the apostolate to an institute by the local ordinary. This agreement among other things should clearly define details concerning the work to be done, the members to be .devoted to it, and its financial aspects. § 2. For these works genuinely fitted religious should be selected by their proper ,religious superior after mu-tual consultation with the local ordinary; and if it is a question of an ecclesiastical office to be conferred on a member, the religious should be nbminated by the local ordinary himself, with the presentatibn or at least the assent' of his proper superior and for a period of time determined by mutual consent. 31. Even when'a task is to' be entrusted to a given religious by the "local ordinary or by the episcopal con-ference, this should he"done with the consent of his superior and through a written agreement. ÷ ÷ ÷ Implementation oJ Vatican H VOLUME 25, 1966 953 Paul VI REVIEW FOR RELIGIOUS 954 32. For a serious reaSon any religious can be removed from the work entrusted to him both at the wish of the commissioning authdrity after the religious superior has been advised arid at the wish of the superior after the one commissioning ~has been advised. In this matter both have parity in law and the consent of the other is not required; neither one is bound to disclose, and much less to prove, t6 the other the reason for his decision, without prejudice, however, to non-suspensive appeal to the Apostolic See. 33.-§ 1. The local ordinary by his own authority and with the consent of the competent religious superior can entrust a parish to a religious institt~te even by erecting it in a religious church of the institute. This commis-sioning of a parish can be done permanently or' for a def-inite period of time; in either case it should be done by m~ans of a written agreement between the ordinary and the comp'etent superior of the institute; in this agreement among other matters there should be expressly and clearly set forth mat'ters pertaining to the work to be done, the persons to be assigned it, and to the finances involved. § 2. With the permission of the proper superior the local ordinary can constitute a religious as pastor of a parish not entrusted ~to the inStitute; in this case a spe-cially adapted agreement should be made with the com-petent superior of the ~nstltute. 34. - § 1. A religious house, whether formal or nonfor-mal; pertaining to an exempt institute cannot be sup-pressed without the consent of the Apostolic See and without consultation of the local ordinary. § 2. Religious superiors should not be hasty in seek-ing to suppress for whatever reason a house or a work; for they Should r~member that all religious have the duty to work hard and diligently not only for the build-ing up and increase of the entire Mystical Body of Ch'rigt but also for the welfare of the particular churches. § 3. When, however, suppression Of a house or work is asked for by superio?s, especially when the reason is lack of persons, the local ordinary should consider the peti-tion in a benignant way. 35. Even.when established by the Apostolic See, asso-ciations 'of the faithful which are under the leadership an~ direction of a religiou.s institute are under the juris-diction and vigilance of the local ordinary who has the right and duty of visiting them according to the norms of the sacred canons. If they are engaged in the external works of the apostolate or in .the promotion .of divine worship, they must observe the prescriptions made in these matters b9 the local ordinary or the episcopal conference. 36.-§ 1. The apostolic zeal of the members of the in-stitutes of perfection who do not profess a purely con-templative life should not be limited to works proper to each institute or to others that are occasionally as-sumed in such a way that local ordinaries, having con-sidered the special characteristics of each institute and with the consent of the competent religious superior, can-not call on not only priest religious but also on all men and women members to assist in the various ministries of the dioceses or regions because of the needs of souls and lack of clergy. § 2. If in the judgment of the local ordinary the help of religious is thought necessary or highly useful [or ex-ercising the multiple work of the apostolate and for fos-tering undertakings of a pastoral nature in secular par-ishes or in diocesan associations, religious superiors should as far as they can furnish the desired help when the same ordinary asks for it. 37. In all churches as well as in all public or semi-public oratories belonging to religious which as a matter of fact and habitually are open to the faithful, the local ordinary can order that episc6pal documents be publicly read and catechetical instructions be given and that spe-cial offerings be collected for specified parochial, dioc-esan, national, or universal purposes, all of which offer-ings are to be carefully sent to the episcopal curia. 38. If the faithful ord!narily attend them, the local ordinary has the right of visiting the churches and ora-tories, even semipublic ones, of religious, including the exempt ones, in order to assure the observance of the gen-eral laws and of the episcopal decrees with regard to di-. vine worship. If it happens that abuse is noted in this area and if warnings given the religious superior have been without effect, he himself can take care of the mat-ter by his own authority. 39. - § 1. In accord with the norm of number 35, 4, of the decree, Christus Dorninus, the general ordering of the. Catholic schools of religious institutes, their right of directing them being safeguarded as well as the norms given in the decree, number 35, 5, concerning the previ-ous mutual consultations between bishops and religious superiors, involves the overall distribution of all Catholic schools in the diocese, their, intercooperation, and their supervision to see to it that they are no less suitable than other schools for the achievement of their c~fltural and social purposes. § 2. With the exception of purely internal schools open exclusively to members of an institute, the schools, colleges, oratories, recreation centers, homes, orphanages of religious institutes as well as other similar institutions of theirs for works of religion or of charity, whether ÷ ÷ ÷ Implementation Vatican I1 VOLUME 25, 1966 " "" 955 spiritual or temporal, can be visited by the local ordinary either personally or through another in accord with the norm of the sacred canons." 40. The norms for the inclusion of religious in dioce-san works and ministries to be exercised under the direc-tion of the bishop should also be applied, suitable adapta-tions being made, to other works and ministries which exceed diocesan boundaries. + ÷ + Paul VI REVIEW FOR RELIGIOUS 956 Episcopal Conferences (N. 38 of the decree, Christus Dominus) 41. - § 1. The bishops of countries or territories in which an episcopal conference is not yet had should act promptly to establish one in accord with the norm of the decree, Christus Dominus; and they should frame statutes for it and send them to the Apostolic See for examination. § 2. Already established episcopal conferences must draw up their own statutes according to the prescrip-tions of the Council; or, if they already have a set of statutes, they should revise them in accord with the mind of the same Council and submit them for examination to the Apostolic See. § 3. Bishops of countries in which it is difficult to es-tablish a conference, after consultation with the Apostolic See, should join that conference which best fits the needs of the apostolate of their own nation. § 4. Episcopal conferences 6f many nations, that is, international ones, can be established only with the ap-proval of the Holy See whose right it is to establish special norms. Moreover, whenever any projects or plans of an international nature are undertaken, the Holy See should be advised about them beforehand. § 5. Relationships between episcopal conferences, es-pecially those of neighboring countries, can be main-tained in an opportune and suitable way by the secre-tariats of the conferences. The secretariats can among other matters be concerned with the following activities: a) to communicate the principal ways of proceeding especially in pastoral matters and activity; b) to send written reports giving the decisions of the conference or to send the proceedings or documents which are issued by the common agreement of the bishops; c) to point out various undertakings of the apostolate that have been proposed or recommended by the epis-copal conference and that may be useful in similar cases; d) to propose serious matters which in modern times and in particular circumstances seem to be of the greatest importance; e) to indicate dangers or errors in the country that may creep into other nations, making this indication so that suitable and opportune means can be taken to prevent, remove, or limit them; and to do other similar things. Boundaries of Ecclesiastical Provinces or Regions (Nos. 39-41 of the decree, Christus Dominus) 42. The conferences of bishops should attentively study whether the better achievement of the welfare of souls a) requires a more suitable determination of the boundaries of ecclesiastical provinces or b) indicates the establish-ment of ecclesiastical regions. If the answer to these points is affirmative, the conferences should send to the Holy See the ways by which needed revisions of the boundaries of ecclesiastical provinces and the needed establishment of regions are to be enacted in law. More-over, they should indicate to the Holy See the ways in which those dioceses in the territory should be aggregated which up to now have been immediately subject to the Holy See. Pastoral Directories (N. 44 of the decree, Christus Domi-nu$) 43. With regard to pastoral directories, patriarchal synods and episcopal conferences are asked to be prompt in studying the general and special questions to be treated in the directories and to communicate their advice and desires as soon as possible to the Apostolic See. II NORMS FOR THE DECREE ON RELIGIOUS LIFE In order that the effects of the Council may be care-fully brought to maturity, religious institutes should first of all promote a newness of spirit and then in a prudent but inventive way see to the suitable renewal of life and discipline by carefully studying the dogmatic constitu-tion, Lumen gentium (Chapters 5 and 6) as well as the decree, Perfectae caritatis, and by putting into effect the teaching and norms of the Council. The following norms, which apply and give insistence to the decree, Perfectae caritatis, hold with suitable adaptation for all religious, Latin as well as Eastern; they describe a way of proceeding and lay down certain pre-scriptions. PART I THE WAY TO PROMOTE A SUITABLE RENEWAL OF RELIGIOUS LIFE I. Those Who Should Promote a Suitable Renewal 1. The principal role in the renewal and adaptation of religious life pertains to tbe institutes themselves; they + ÷ ÷ Im~lementation o] Vatican 11 VOLUME 25, 1966 957 ÷ ÷ ÷ Paul REVIEW FOR RELIGIOUS 958 will achieve this especially through general chapters or, in the case of the Eastern Churches, through synax~es. The work of the chapters will be achieved no~t only by passing laws but even more so by promoting ~piritual and apostolic vitality. 2. The cooperation of all superiors and members is necessary, to renew religious life in themselves, to prepare the spirit of the chapters, to complete their work, and to faithfully observe the laws and norms enacted by the chapters. ~ 3. In order to promote a fitting renewal in each in-stitute, within two or at most three years there should meet a specia! general chapter, ordinary or extraordinary. If the chapter itself so decides by a secret vote, the chapter can be divided into two parts separated in time by an interval of generally not more than a,.year. 4. In: preparing for this chapter the general council should make suitable provision for extensive and free consultation of the members and it should put the re-stilts of this consultation into a usable form in order that the work of the chapter may be helped and orientated. This can be done, for example, by consulting conventual and proVincial~ chapters, by establishing comniissions, by issuing questionfiaires, and so forth. ~ 5. In the case of stauropegiac monasteries [Eastern monasteries with' a special type of exemption] it will be the duty of the patriarch to enact norms for achieving this consultation. 6. This general Tchapter has the right to change for experimental purposes .given noinns of the constitutions or, in the case of the Eastern churches, of the typica pro-vided that the purpose, nature, and characteristics of the institute are retained.,. Experimentations in things agaihst the general law, a matter t6 be done with prudence, will be gladly permitted by the Holy See as opportunity war-rants. These experimentations can be extended until the next ordinary general chapter which will itself have the power to again extend .them but not beyond the immediately following chapter. 7. The general council will enjoy the same power in the time period between these chapters according to con-ditions to be determined by them; in the case of the East-ern churches, this power will be had in independent monasteries by the hegoumenos with the lesser synaxis. 8. Definitive approbation of the constitutions is re-served to the competent authority. 9. With regard to the revision of the constitutions of nuns, each monastery after the fashion of a chapter or also the nuns individually should express their opinions which, in order that the unity of the religious family may be fostered according to its own characteristics, should be collected by the supreme authority of the order if there is one and otherwise by a delegate of the Holy See or, in the case of Eastern religious, by the patriarch or the local hierarch. Opinions and advice can also be ob-tained from consessions of federations or from other legitimately convoked meetings. 10. If in monasteries of nuns certain experimentations for a time with regard to observances should be judged opportune, they can be permitted by the general superiors or by delegates of the Holy See and, among the Eastern churches, by the patriarch or the local hierarch. Neverthe-less, account should be taken of the mentality and atti-tudes of cloistered persons who have need for stability and security. 11. It will be the duty of the authorities mentioned above to see to it that the text of the constitutions is re-vised with the advice and help of the monasteries them-selves and that they are submitted for the approval of the Holy See or the competent hierarchy. 1I. Revision of Constitutions and Typica 12. The general laws of each institute (whether called constitutions, typica, rules, or. any other name) should include the following elements: a) gospel and theological principles concerning the religious life and its union with the Church as well as pertinent and specific declarations in which "are recog-nized and preserved the spirit and characteristic aims of the founders as well as the sound traditions- all of which constitute the heritage of each institute" (n. 2, b) of the decree, Per[ectae caritatis); b) the juridical norms necessary for clearly defining the characteristics, purposes, and means of the institute; these norms should not be overmultiplied but should al-ways be expressed in an adequate way. 13, The union of both these elements--the spiritual, namely, and the juridical--is necessary in order that the principal documents of the institutes may have a stable foundation and that a genuine spirit and a vitalizing norm pervade them; hence care should be taken to avoid composing a text that is only juridical or merely exhorta-tory. 14. From the fundamental document of institutes there should be excluded those matters that are already obsolete or changeable according to the customs of a given age or reflect merely local customs. Those norms which reflect the present age, the physical and psychic, status of the, members, and ,the special char-acteristics of today should be placed in secondary docu- 4- 4- Implementation o/ Vatican I! VOLUME 25, 1966 959 Paul REVIEWFOR RELIGIOUS 96O ments which are called "directgries," custom books, or some other such title. " IlL Criteria of(SuitableRenewal 15. The norms and the spirit to which a suitable re-newal should correspond '~hould be derived not,only from the decree, Perfectae caritatis, but .also from the other documents of the Second Vatican' Council, especially from Chapters" 5 and 6 of the ,dogmatic constitution, Lumen gentium. 16. Institutes should see to it that the principles es-tablished in number 2 of the decree, Perfectae caritatis, generally inform the renewal of their Own religious life; therefore: - , § 1. The sLudy and meditation of Scripture should be deeply fostered in all the members from the novitiate on. Likewise, care should be taken that all ,the members ~hare by' fitting means in the mystery and life: of .the Church. § 2. The doctrine of religious life in all its various aspects (theological, historical, canonical, and so forth) should be investigated 'and explained. § 3. In order to secure the good of the Church, in-stitutes should strive for a full. knowledge of their origi-nM spirit so that, this spirit having been faithfully pre-served in the adaptations that are decided on, religious life may be purified 6f alien elements~and freed from ob-solete matters. , ~ ~ 17. Those things are~ to be regarded, as obsolete which do not constitute the nature and purpose of the institute and, having lost'their significance and relevance; no longer truly help religious, life, account,~however, being taken of the witness which the religious state should pro-vide according to its own function., ' , . '~ 18. The way ~of governing should be such that "~hap-ters and councils., each in their,:own ,way should ex-press the shared responsibility of all thd members for the welfare of the entire community" (n. 14 iof the decree, Per[ectae caritatis);,,this will be principally,achieved if tlie members have a truly effective part in. the selection of the'membership bf-chapters and councils. Similarly, the way of governing should be such that 'in~ accor~d.with the demands of modern times~ the exercise of authority is made more efficacious and more unencumbered. Hence superiors of ever.y level should be given adequate powers so that useless or overly freqiaent recourse to!higher au-thorities is not multiplied. 19. Moreover; a suitable renewal cannot be made once and for all but must be fostered in a continuous way by the help of the fervor of the members and by the solici-tude ~of chapters and superiors. PART II MATrER$ FOR ADAPTATION AND RENEWAL I. The Divine O~ice o]'Brothers and Sisters (N. 3 of the decree, Perfe~ctge caritatis) 20. Although religious who recite a 'duly approved Little Office are engaged in the public prayer of the Church (see the 'consfitution, 'Sacrosanctum Concilium, n. 98)., still it is highly recommended to institutes that in place of a Little Office 'they recite either in ~part or in whole the Divine Office so that they may take more in-umate part in the liturgical life of the Church. However, Eastern'members should recite the doxologies, and the divine praises in accord with their own typica and cus-toms. II. Mental Prayer (N. 6 of the decree, Perfdctae caritatis) 21.'In order that reli~gious may participate more inti-mately a.nd fruitfully in the sacred mystery of the Eucha-rist and that their life be nourished riaore abundantly, greater place should be given to mental prayer in prefer-ence to a multiplicity of vocal prayers, there being main-tained,, however, the exercises of devotion commonly re-ceived in the Chui~ch and du~ care being taken that the members are diligently instructed in the conduct of"~he spiritual life. ' III. Mortification (Nos. 5 and 12 of the decree, Per]ectae caritatis) 22. Religious more than the rest of the f~iitfiful should be devoted to works of penance and mortification. How-ever," the ,special penitential observances~ of institutes .should, as far as there is need, be r~evised so that, du9 con-sideration having been given to the traditions of the East .or the West and to modern conditions, the .members can actually put them into practice together with new forms taken from today's mode of living. IV. Poverty (N. 13 of the decree, Per]ectae caritatis) 23. Institutes, especially through their general chap-ters, should diligently and concretely promote the spirit and practice of poverty in accord with the mind of num-ber 13 of the decree, Per[ectae caritatis; in accord with their distinctive nature they should also seek and insist on new forms of poverty which will make the exercise and witness of poverty more efficacious for the present time. 24. Institutes of simple vows should themselves decide in their gdneral chapter whether there should be intro-duced into the constitutions a renunciation of patrimony + + ÷ Implementation 'Vatican II VOLUME 25, 1966 961 already acquired or to be acquired and, if it is decided to do so, whether it should be obligatory or voluntary and when it should be done, that is, whether before perpetual profession or after some years. Paul VI REVIEW FOR RELIGIOUS 96~ .V. Common Life (N. 15 of the decree, Perfectae caritatis) 25. In institutes devoted to works of the apostolate .common life, since it is of great importance if the mem-bers as a family united in Christ are to reactualize their brotherly fellowship, should be promoted by every means in a way that is fitted to the vocation of the institnte. 26, In institutes of this kind the daily order can often not be ~the same in all the houses nor at times in the same house for. all its.members. However, it should also be so arranged that the religious besides the time given to spiritual matters and to work may have some time for themselves and caw enjoy suitable recreation. 27. General chapters and synaxes should investigate ways in which those members who are called lay brothers, cooperators, or some other name can gradually obtain active voice in specific acts of the community and in elections as well.as passive voice with regard to certain positions; in this way they will become more closely .joined to the life and works of the community, and priests .will be able,to devote themselves with more freedom to the ministries. 28. In monasteries which have come to the decision of ¯ having,'Only one class of nuns, choir obligations should be specified in the constitutions, consideration being .giye.n to the diversity of persons which the distinction of works and special vocations requires. 29. Sisters devoted to the exte~'nal service of monas-teries, called oblates or some other name, should be gov-erned by special statutes in which consideration should be given to their vocation which is not purely contempla-tive and to the exigencies of the vocation of the nuns in ufiion with whom they live even though they are not nuns. The superioress of the monastery has a serious'respon-sibility to,take solicitor's care of them, to provide them .w.ith a suitable religious formation, to treat them with a g~nuine spirit of love, and to foster their bond of fellow-ship with the community of nuns. VI. The Cloister of Nuns (N. 16 of the decree, Perlectae caritatis) 30. The papal cloister of monasteries is to be consid-ered as an ascetical institution which is specially linked to their'distinctive vocation since it is a sign, defense, and special form of their withdrawal from the world. Nuns of the Eastern rites should observe their own kind of cloister in the same spirit. 31. This cloister is to be adapted in such a way that material separation from the' outside is always retained. However, each family according to its own spirit can de-termine and specify in the constitutions particular norms for this material separation. 32. Minor cloister is abrogated. Nuns, therefore, who by their institute are devoted to external works should define this cloister in their constitutions. But nuns who, t~hough contemplat.ive by reason of their institute, have nevertheless under'taken external works, should, after a sufficient amount of tJ.me granted them for deliberation, either give UP their external works and retain papal cloister or retain the works and define their own cloister in the constitutions, their status as nuns bein~ retained. ' VII. The Training of,Religious (N. 18 of the decree, Perfectae caritatis) 33. The training of members from the novitiate on should not be conducted in the. same way in all institutes, but rather consideration should be given to the distinc-tive nature of each institute. In revising and adapting training, an adequate and prudent place should be given to experience. . 34. The matters set down in the decree, Optata.m totius (on the training of priests), should be suitably, adapted in accord with the nature of each insti.tute.and faith-fully observed in the way of training religious clerics. ¯ 35. Further training to be given after the novitiate, in a way. suited to the individual institute is necessary for all members even those of the contemplativ, e life, for brothers in lay institutes, and for sisters in institutes de-voted to apostolic works. This training; already in. exist-ence in many institutes under the name of juniorate, scholasticate, or some other title, should in general ex-tend for the entire period of; temporary vows. 36. This training should be given in suitable houses; and, lest it be merely thebretical, it should be comple-mented by an apprenticelike exercise of the works and functions that are in accord with the characteristics and circumstances of each institute so that the ones being trained may be gradually introduced to the life which they will live thereafter. 37. Without prejudice to the characteristic formation in each institute, when individual institutes cannot suffi-ciently provide academic or technical training, this can be supplied by a fraternal collaboration of a number of them. This can take different forms and ways: common lectures or courses, the lending of teachers, even the con-solidation of teachers and equipment in a common Implementation Vatican II VOLUME 25, "1966 963 school to be attended by members of a number of insti-tutes. Institutes which are provided with the necessary means should willingly give help to others. 38. After adequate experimentation, it will be the duty of each institute to draw up its own adapted norms for the training of members. VIII. The Union and. Suppression of Institutes (Nos. 21-2 of the decree, Perfectae caritatis) 39. The promotion of union of any kind among in-stitutes presupposes an adequate spiritual, psychological, and juridical preparation in accord with the mind of Perfectae caritatis. To achieve this it will often be advan-tageous for institutes to be helped by an adviser approved by the competent authority. 40. In the cases and circumstances just mentioned, the good of the Church is to be looked for, due consideration, however, being given to the special nature of each in-stitute and to the freedom of individual members. 41. After all circumstances have been considered, the following when found together should retain a specie/1 place among the criteria which can contribute to form-ing the judgment to suppress an institute or a monas-tery: a small number of religious relative to the years of existence; lack of candidates over a number of years; ad-vanced age of the greater part of the members. If sup-pression is decided on, provision should be made that the suppressed institution be joined "if it be possible, to an-other, more vigorous institute or monastery which is not very different in purpose and spirit" (n. 21 of the decree, Perfectae caritatis). Each religious, however, should be previously consulted; and everything should be done in charity. Paul Vl REVIEW FOR RELIGIOUS 964 IX. Conferences and Unions of Majqr Superiors and Superioresses (N. 23 of the decree, Perfectae caritatis) 42. Care should be taken that the union of superiors general and the union of superioresses general be able to be heard and consulted by means of a commission estab-lished with the Sacred Congregation of Religious. 43. It is of the greatest importance that the national conferences or unions of major superiors and of major superioresses should confidently and respectfully cooper-ate with the episcopal conferences (see n. 35, 5 of the decree, Christus Dominus; n. 33 of the decree, Ad gentes divinitus). Hence it is hoped that matters pertaining to both sides will be treated in mixed commissions composed of bishops and major superiors or superioresses. CONCLUSION 44. These norms, which apply to religious of the en-tire Church, leave intact the general laws of the Church, whether of the Latin Church or of the Eastern Churches, as well as the specific laws of religious institutes unless these norms change them explicitly or implicitly. III NORMS FOR IMPLEMENTING THE DECREE ON MISSIONARY ACTIVITY Vatican Council II's decree, ,4d genres divinitus (on the missionary activity of the Church), should be es-teemed by the entire Church and be faithfully observed by everyone so that the entire People of God should be-come genuinely missionary and conscious of its mission-ary obligation; local ordinaries should see to it that the decree comes to the knowledge of all the faithful: there should be clergy conferences and sermons to the people to explain and emphasize the common obligation of all with regard to missionary activity. In order to make the application of the decree easier and more faithful, the following enactments are given: 1. The theology of missions should be included in the theological doctrine that is to be taught and progressively deepened; this is to be done in such a way that the mis-sionary nature of the Church is clearly visible. More-over, the ways of the Lord in His preparation for the gospel and the possibility of salvation for those not evangelized should be considered; and emphasis must be given to the necessity of evangelization and of incorpora-tion into the Church (Chapter 1 of the decree, Ad gentes divinitus). All these matters should be kept in view when studies in seminaries and universities are newly organized and duly ordered (n. 39). 2. Episcopal conferences are invited to propose to the Holy See as soon as possible general questions abont the missions which can be considered in the coming meeting of the synod of bishops (n. 29). 3. To increase the missionary spirit in the Christian people, prayers and daily sacrifices should be fostered in such a way that the annual Mission Day shonld appear as a spontaneous indication of that spirit (n. 36). Bishops and episcopal conferences should compose petitions for the missions to be inserted into the Prayer of the Faithful at Mass. 4. In each diocese a priest should be designated for the effective promotion of missionary undertakings, and he should also be a member of the pastoral council of the diocese (n. 38). ÷ ÷ ÷ Implementation o! Vatican 1I VOLUME 25, 1966 965 + ÷ ÷ Paul REVIEW FOR RELIGIOUS 966 5. To promote the missionary spirit students in semi-naries and young people of Catholic associations should be encouraged to have contacts with seminary students and similar associations in the missions so that a mutual understanding may foster in the Christian people a mis-sionary and ecclesial consciousness (n. 38). 6. Being aware of the urgency of the evangelization of the world, bishops should promote missionary voca-tions among their clerics and young people; and to in-stitutes engaged in 'missionary work they should furnish the means and opportunities by which they may make the needs of the missions known in the diocese and. may arouse vocations (n. 38). In arousing vocations for the missions care should be taken to set forth the mission of the Church to all peoples and the ways in which various types (institutes, priests, religious, and lay persons of both sexes) try_ to achieve this mission. Chiefly, however, .the special missionary vocation "for life" (nos. 23, 24) should be extolled and illustrated by examples. 7. The Pontifical Missionary Works should be pro-moted in all dioceses; and their statutes, especially those with regard.to the transmission of assistance~ should be duly obser.ved (n. 38): 8. Since.the .offerings given to the missions by the faithful of their own accord are not nearly sufficient, it is recommended that as soon as possible there .be enacted a set contribution, proportioned to the revenues of each, which both the diocese and the parishes and other group-ings of the diocese should pay each year and which should be distributed by the Holy See, all other obligations of the faithful remaining (n. 38). 9. Episcopal conferences should have an episcopal' com-mission for the missions whose, work it will be to foster among the dioceses missionary activity and consciousness and an abiding attitude of cooperation, to be .in contact with other episcopal conferences, and to, investigate ways in which as far as possible equitable arrangements of missionary help may be safeguarded (n. 38). 10. Because missionary institutes remain very neces-sary, all should acknowledge that they have had the work of evangelization entrusted to them by ecclesiastical au-thority in order to carry out the missionary dutyof the entire People of God (n. 27). 11. Bishops should also use missionary institutes in order that they might enkindle the faithful with a desire for missionary activity; bishops should also furnish them opportunities, right order being observed, of arousing and fostering in young people vocations to the missions and of asking for contributions (nos. 23, 37, 38). In order, however, that greater unity and effectiven&s be achieved, the bishops should use a national or regional missionary council which will consist of the directors of the Pontifical Works and of the missionary institutes existing in the country or region. 12. Each missionary institute should as soon as possible take care of its own adaptation and renewal especial!y with regard to its methods of evangelization and of Chris-tian initiation (nos. 13, 14) as well as to its way of living in communities (n~ 3 of the decree, Perfectae caritatis). 13. - § 1. It is necessary that for all missions there be only one competent curial, department; namely, the Sacred Congregation for the Propagation of the Faith. Since, however, certain missions for special reasons are still subject temporarily to other curial departments, there should be established in these other departments a missionary section that should have close relations with the Sacred Congregation for the Propagation of the Faith in order that in the organizing and directing of the mis-sions a completely constant and uniform norm can be had (n. 29). § 2. To the Sacred Congregation for the Propagation of the Faith are subject the Pontifical Missionary Works; namely, the Pontifical Work for the Propagation of the Faith, the Work of St. Peter for native clergy; the Union of the Clergy for the Missions, and the Work of the Holy Childhood. 14. The president of the secretariat for fostering the unity of Christians is by reason of his office a member of the Sacred Congregation for the Propagation of the Faith while the secretary of the same secretariat is included among the consultors of the Sacred Congregation for the Propagation of the Faith (n. 29). Similarly, the Sacred Congregation for the Propagation of the Faith should be represented at the secretariat for fostering the unity of Christians. 15. In the direction of the Sacred Congregation for the Propagation of the Faith twenty-four representatives take part with a deliberative vote unless in individual cases the supreme pontiff should decide otherwise; namely, twelve prelates from the missions and four, from other regions, four from superiors of institutes, four from the Pontifical Works; all of these shonld meet twice a year. Members of this board are appointed for five years with almost a fifth part being changed every year. When they have finished one term, they can be appointed for an-other five years. In accord with norms to be sent as soon as possible from the Apostolic See, episcopal conferences, institutes, and the Pontifical ~rorks should propose to the supreme pontiff the names of those from whom the supreme pontiff may select the representatives mentioned above as + .+ + Implementation oS Vatican II VOLUME 25, 1966 .967 Paul REVIEW FOR RELIGIOUS 968 well as the names of those, including persons living on the missions, from,whom consultors can be selected. 16. Representatives of religious institutes on the mis-sions and of regional works for the missions as well as of councils of laymen have a part in the meetings of this congregation with consultive vote (n. 29). 17. After consulting the episcopal conferences and mis-sionary institutes, the Sacred Congregation for the Propa-gation of ,the Faith should delineate .as soon as possible the general principles according to which agreements should be made between local ordinaries and mission in-stitutes with regard to" the regulation of their mutual, re-lationships (n. 32). In making these agreements consideration', should be given both. to the continuance of missionary work andoto the needs of the institutes (n. 32). 18. Because~ it is desirable that episcopal.conferences be joined intooorganic groups along socio-cultural lines, the Sacred Congregation for the Propagation of the Fi~ith (n. 29) should promote such coordinations of episcopal conferences. " Together with the Sacred Congregation for.the Propa-gation of the Faith, the work of these conferences~ will be the following: 1°. To seek ways, including new ones, in which by joint effort- the faithful and the missionary institutes may insert themselves into the peoples and groups among whom they live or to whom they are sent (nos. 10, 11) and :with whom they should conduct a dialogue of salvation. 2°. To establish study groups who should investigate peoples' ways of thinking about the universe, about man, and about man's interior attitude toward God and who should subsume for theological consideration'whatever is good or true. Such theological study should furnish the necessary foundation :for making adaptations, the consideration ~of which should also be a duty of the aforementioned study groups. Among other 'matters these adaptations should be concerned with. methods of ~vangelizing, liturgical forms, religious life, arid ecclesiastical legislation (n. 19). As far as methods of evangelization and of catechesis ~a~e concerned, the Sacred Congregation for the Propaga-tion of the Faith should promote close cooperation with advanced-level pastoral institutes. As far as liturgical forms are concerned, the study groups should send documents and opinions, to the Com-mittee for the Implementation of The Constitution on the Liturgy. ~As far as the religious ~state is concerned (n. 18), care should be taken that external form (exemplified by ex- ternal appearances, clothing, arts, and so forth) not be given more attention than the religious characteristics of peoples which should be assumed or assimilated to evan-gelical perfection. 3°. To promote at determined times meetings of those teaching in seminaries in order, after consultation with the study groups already mentioned, to adapt courses of study and to mutually exchange information so that better attention be directed to today's needs in the matter of priestly training (n. 16). 4°. To examine the best way in which manpower (priests, catechists, institutes, and so forth) can be dis-tributed in the territory and especially the way in which care can be taken of the scarcity of manpower in places that are highly populated. 19. In distributing resources a suitable part should be reserved each year for the formation and sustenance of the local clergy, the missionaries, the catechists, and the study groups mentioned in number 18. Bishops should send reports about these matters to the Sacred Congrega-tion for the Propagation of the Faith (nos. 17, 29). 20. A pastoral council should be duly established; its work will be, in accord with number 27 of the decree, Christus Dominus, "to investigate, appraise, and draw practical conclusions about matters pertaining to pastoral works," to do its share in preparing the diocesan synod, and to take care of the execution of the statutes of the synod (n. 30). 91. On the missions there should be established con-ferences of religious men and unions of religious women in which the major superiors of all institutes of the same nation or region should take part and by which their undertakings may be coordinated (n. 33). 22. According to possibilities and needs scientific in-stitutes should be multiplied; they should cooperate by common consent in order that the work of investigation and specialization be well organized; and duplication of works of the same nature should be avoided in the same region (n. 34). 23. In order that immigrants from mission countries be duly received and assisted by suitable pastoral care on the part of bishops of countries who have long been Christian, cooperation with missionary bishops is neces-sary (n. 38). 24. With regard to lay persons on the missions: § 1. Urgent emphasis should be put on the following: sincere intention of serving, the missions, maturity, suit-able preparation, professional specialization, and a suffi-ciently long time to be spent on the mission. ÷ 4. 4- Implementation 'Vatican 11 § 2. Consociations of lay persons for the missions should be effectively intercoordinated. § 3. The bishop of the mission locality should be so-licitous [or such lay persons. § 4. The social security of such lay persons should be safeguarded (n. 41). ,÷ ÷ Paul Vi REVIEW FOR RELIGIOUS 97~ THOMAS BARROSSE, C.S.C. Religious Community and the Primitive Chul'ch In the opening chapters of the Acts of the Apostles St. Luke describes how the Church began her life. The Spirit came. The Apostles preached. The gospel was believed. The believers were baptized, and the Church had come into existence. At the end of Chapter 2, Luke furnishes a vignette of life in the primitive Christian community. In Chapters 3 and 4 he introduces the threat of persecution and opposition. Then, once more, at the end of Chapter 4, he provides a sketch of life in the earliest Church. These pictures presented in Acts 2 and 4 are somewhat idealized. In Chapters 5 and 6, he will. quite frankly fill the shadows in: the deceit of Ananias and Sapphira and the grumbling of the Diaspora Jewish Christians against their Palestinian fellow believers. But he wishes first to present the life of the primitive community in its best light so that the memory of the earliest Apostolic Chureh can haunt his Christian readers down through thd years as a model they will want to emulate. ~ The casual, or even the careful, present-day reader of the Gospels of Mark and Luke might form for himself a rather individualistic conception of the ideal Christian: a person who believes (for "he who believes and is baptized will be saved"--Mk 16:16), who loves (for to the questioia, "What must I do to possess eternal life?" thd answer' is, "You must love the Lord your God. and your neighbor --Lk 10:25-7), who is completely detached (for "he who does not renounce all that he possesses cannot be my dis-ciple"-- Lk 14:33), who remains faithful through tribula-tion (for "he who perseveres to the end will be saved"m Mk 13:13). This conception is false, of course, and the Book of Acts, which shows how what the Lord Jesus pre-pared by His ministry and effected by His sufferings and Thomas Barrosse, C.S.C., is on the staff of the general-ate of the Congre-gation of the Holy Cross; Via Aurelia Antica, 391; Rome, Italy. VOLUME 25, 1"966 " ÷ + ÷ Tho~mas Barrosse, REVIEW FOR RELIGIOUS glory actually came to be, makes it very clear that the work of Christ was the creation of a communily of faith, of love, and of hope in the midst of tribulations. Here is the picture Luke paints in Chapter 2 (vv. 41-5): "Those who received [Peter's] word [with faith] were bap-tized"-- a community constituted by faith and baptism. "They were persevering in the teaching of the Apostles" --a community that maintained itself in existence by nourishing its faith. But also a community of love--for "they were persevering., in the common life--hoin6n[a --[which manifested itself in] the breaking of the bread [--the common, eucharistic meal--] and the [common] prayers" but which manifested itself too in their sharing of material goods since "the believers., considered all things common and were selling their property and be-longings and dividing up the proceeds among all accord-ing as anyone had need." Their love was not restricted to the group: they were an open community since "they were persevering daily in the temple., and enjoying favor with all the people." This same picture recurs in Chapter 4 (vv. 32-5): "The whole multitude of believers were one heart and one soul, and no one said any of his belongings were his own, but all things were common for them . " The shadow of the cross, which already falls across the community in Chapter 4 when Peter and John are ar-rested and threatened, gradually crystallizes into a princi-ple of life. It is finally formulated in 14:22 when Paul points out that only "through many tribulations must we come into the kingdom of God." Let us see how much the thought of this ideal Christian community depicted by Luke in Acts influenced the origins of religious life. Students of Christian monasticism (a way of life that would diversify and proliferate into the many forms of religious life which we know today) usually find its be-ginnings in fourth century Christian Egypt. Before that time there existed in the Church both celibates (especially virgins and widows) and "ascetics" (literally, "exercisers" or "practicers"). The celibates felt that it was given to them to forego married life for the sake of the kingdom of heaven (Mr 19:11 f.) or that they had the gift of re-maining unmarried to give undivided attention to the Lord (1 Cot 7:7 and 32-5). The ascetics applied certain New Testament passages--like Jesus' advice to the rich young man to sell all his belongings if he wanted to be perfect (Mr 19:21)--quite literally to themselves in their attempts to live a full Christian life. But the Christian ideal--or the ideal Christian--was the martyr. The martyr was the believer who by his total self-re-nunciation showed his perfect love--and even the celi- bates and ascetics hoped and prayed for the great favor of undergoing martyrdomA Clement of Alexandria in the third century could echo Ignatius of Antioch and Polycarp of Smyrna in the second in saying: "We call martyrdom perfection (telei6sis) not because the man has reached the end (telos) of his life, as others do, but be-cause he has displayed the perfect (tdleios) work of love." e For this reason, it was the martyr who was considered the Christian most resembling Christ and the Apostles. "The Lord," says Clement of Alexandria again, "was the first to drink the cup . In imitation of him, the Apostles as. perfect men suffered for the churches which they founded." 3 Even before, but especially after, the age of martyrs ended, the Church fathers tried to show that other ideal Christians could be found. They pointed out how espe-cially the celibates and the ascetics were, like the martyrs, "athletes" or "soldiers" of Christ who showed their per-fect faith and love by their perfect self-renunciation. If martyrdom might be called a second baptism, so might profession of the celibate or ascetical life.4 In fourth century Egypt St. Anthony turned the private initiative of scattered ascetics into an organized mass movement. Undertaking the life of an ascetic, he learned this virtuous and prayerful way of life from other Christians who lived it more or less in retirement. He came to appreciate from them how he might more literally put the various suggestions and injunctions of the New Testament into practice in his own life. Then after twenty years of solitude and struggle for mastery over himself, he became, at their request, the teacher of large numbers who were stirred by his example. His contemporary and acquaintance, St. Athanasius, in Chap-ter 1 of his Li~e o~ Anthony describes how the Lord "gave Anthony grace in speech so that., he induced many to choose the solitary life." The biographer con-tinues: "From that time there have been monasteries [that is, hermitages] even in the mountains, and the desert was made a city by monks . " ~ Anthony's dis-course on the ascetic life in Chapters 16 to ~ of this work has even been called the first rule of life for monks. x See St. Athanasius, Life of Anthony, Chapters 46 and ~t7, in Early Christian Biographies, trans. Sister Mary Emily Keenan (New York: Fathers of the Church, 1952), pp. 177-8. a Stromata 4, 4 (translated and commented by E. Malone, The Monk and the Martyr [Washingtou: Catholic University, 1950], p. 5). Religious ~ Stromata 4, 9 (translated [and here slightly adapted] in E. Ma- Community lone, The Monk and the Martyr, p. 6). * Malot~e, The Monk and the Martyr, Chapters Three to Six. ~Athanasius, Life o[ Anthony, in Keenan, Early Christian Biog-raphies, p. 149. VOLUME 25, 1966 973 ÷ ÷ Thomas Barrosse, C,.S.C. REVIEW FOR RELIGIOUS 97,1 At times these "monks" (that is, "solitaries") lived two or more together.~ But their association remained limited and voluntary. They were basically hermits (that is, "des-ert"- dwellers) or anchorites (that is, people in "retire-ment"). This sort of life in modified form has continued on in the Church to the present day--in the West among the Carthusians and the Camaldolese, for example, and in communities of semi-solitaries in the East. It won the ad-miration of the' western European writers of the patristic age, and many of them looked upon it as a higher life than the one to which we now turn. While Anthony lived in northern Egypt, another as-cetic, Pachomius, was organizing the ascetical life on another pattern to the south. After some training in the life under another, older man, he began to gather dis-ciples and train them. He organized them into a com-munity-- koin6nla--the very word that Luke uses in Acts 2:42 to describe the "common life" of the primitive Church. He composed a detailed rule for these cenobites (that is, men with a "common life"). Theodore, close disciple and successor of Pachomius, presents it as a "model for whoever desires to bring souls together ac-cording to God in order that they may become perfect." 7 We must not think of it merely as a practical measure to train fervent individuals. If we read on in Pachomius' life, we find that he worked gradually to dispose his disciples "to bind themselves to one another in perfect community after the manner of what stands written in Acts of the believers: 'They were a single heart and a single soul, and all goods belonged to them in common; there was no one who said of what belonged to him, "It is mine.' . s In addition, they referred to one another as "brothers," the term the Book of Acts and the New Testament epistles use to designate the relationship of early Christians to one another. One of his early lives even describes a visit of Pachomius' disciples to Anthony after their master's death, in which the latter declares "that he gathered souls around him in order to offer them pure to the Lord is a fact which shows that he is su-perior to us and that the way he followed is the Apostle's way, that is, the koin6nia" 9 When Pachomius~ disciples press Anthony with the question: "If the common life . is the higher way of the Apostles, then why did you not live in community.?" the anchorite answers that elbid., Chapters 11 and 91, in Keenan, Early Christian Biogra-phies, pp. 145 and 213. * L. Lefort (ed.), Les vies coptes de saint Pachdme (Louvain: Mu-s~ on, 1943), pp. 60-1. s Ibid., p. 276. 0 Ibid., pp. 3 and 65. he had no choice when he became a monk: there were no communities to join.1° This idea that the common life was, in its original inspiration, an attempt to create an ideal Christian com-munity on the pattern of the primitive Church of Acts 2 and 4 recurs frequently and emphatically in the teach-ing of Pachomius' successors. Theodore, for example, says: "It is by a favor of God. that the holy koin6nla ap-peared on earth., by which he made the Apostolic life known to men desirous of modeling themselves after the Apostles . ,, n The idea is found decades later even among the anchorites of the north. When John Cassian, who clearly regarded the eremitical life as superior to the cenobitic, visited the monks of northern Egypt, them-selves anchorites, he learned their conviction that the cenobitic way of life was the Apostles' own foundation! He cites one of the anchorites he interviewed: The system of Cenobites took its rise in the days of the preaching of the Apostles. For such was all that multitude of believers in Jerusalem which is thus described in the Acts of the Apostles--[he then cites Acts 4:32-5 and 2:45]. The whole Church, I say, was then such as now are those few who can be found with difficulty in coenobia. But when at the death of the Apostles the multitude of believers began to wax cold . those who still maintained the fervour of the apostles, mindful of that former perfection, left their cities and intercourse with those who thought that carelessness and a laxer life was per-missible to themselves and the Church of God, and began to live in rural and more seqnestered spots, and there, in private and on their own account, to practise those things wlfich they had learnt to h~ve been ordered by the apostles throughout the whole body of the Church in general . He goes on to explain how they are called "monks" (that is, "solitaries") because of their retirement and "cenobites" because of their community life. He con-cludes: That then alone was the earliest kind of monks, which is first not only in time but also in grace, and which continued un-broken for a very long period up to the time of Abbot Paul and Anthony; and even to this day we see its traces remaining in strict coenobia. The anchorites, he says, began only with Paul the Hermit and Anthony, who were the "flowers and fruit" of the common life.~2 The monastic life, especially in its Antonian form, spread over Palestine and Syria. After the mid-fourth 10 Ibid., pp. 268 and 323. n H. Bacht, "Pakh6me et ses disciples," in Thdologie de la vie mo1n.aos tCiqoune f(ePraernics:e A18u,b Ciehr,a 1p9te6r1 5), (ptr.a 6n7s.lated by E. Gibson in .4 Select Library o[ Nicene and Post-Nicene Fathers, 2od series, v. 11 [New York: Christian Literature Company, 1894; reprinted Grand Rapids: Eerdmans, 1955], pp. 480-1. . ¯ ÷ ÷ ÷ Religious Communit~ VOLUME 25, 1966 975 ÷ Thomas, BarrCo.sSs.eC, . ~EVIEW FO~ ~ELIGIOU$ 976 century it existed in Cappadocia (what is today south central Turkey) in a form that in many ways strikingly resembles the Pachomian pattern but quite ~possibly without any dependence on Egypt. It found an important organizer and legislator in St. Basil the Great. Cappadocian monasticism was exclusively cenobitic, and Basil's Longer Rules tell us why.13 These rules, more a commentary on monastic life and usages than a set of regulations, .begin (Preface) with the question "Why have we come together?" The answer is: "To live the devout life'S---or "To do what God wants." What he wants, he himself tells us(qq. 1-3): "You must love the Lord your God with your whole heart., and your neighbor." Basil goes on to explain the life of monks as an attempt to prac-tice this love. He emphasizes the need of some degree of retirement from possible distractions and the desirability of association with. like-minded companions (qq. 6-7), but he explicitly rejects a solitary life because the love Christ taught us does not permit each p.erson to look simply after his own. concerns while the solitary life, he says, does just this (q. 7). He buttresses his argument on the need for community by numerous New Testament citations on fraternal charity and union as the distinctive marks of those who are one with Christ. He climaxes his remarks by pointing out that life in community preserves what was "characteristic of the saints, of whom it is recorded in the Book of Acts: 'And all they that be-lieved were together and had all things common,' and again: 'And the multitude of believers had one heart and one soul; neither did anyone say that aught of (he things which he possessed was his own, but all things were com-mon tinto them' " (q. 7).14 So important does Basil consider this' union that he will not permit more than one community-one "fra-ternity" or "brotherhood," ag he prefers to say--in any one town (q. 35). Once more, his climactic argument against division into several communities is the 'ideal picture of the close-knit primitive Church sketched in Acts 2 and 4, to which he joins Paul's description of the Church in Ephesians 4. The Basilian community is not so close-knit as to be cl6sed in on itself. If the Egyptian hermits and communi-ties worked not only to support themselves b~t also to be able to give alms?5 the Cappadocian fraternities ran hospices for the sick and the poor, orphanages, and ~Translated in Saint Basil, Ascetical Works, trans. Sister M. Monica Wagner (New York: Fathers of the Church, 1950), pp. 223- 37. 1~ Ibid., p. 252. ~Athanasius, Life of Anthony, Chapter 43, in Keenan, Early Christian Biographies, pp. 174-5. schools, and considered work for the community or for the outsiders more important than austerities.1° They were in a sense "the nucleus and the elite of the 'parish,' and [their] liturgy seems [to have been] identical with that of the local church, but with this difference that the ordinary Christians did not participate in it except to only a quite limited extent." 17 In the Africa that lay west of Egypt the ascetical lif9 was also known. St. Augustine's name is associated with its organization not only because he was among the firs~ bishops to have his clergy live a monastic life with him but because of the letter (n, 211) in which he prescribes observances for a community of women in his diocese and which seems to be the source of the Rule of St. Augustine. In all his efforts to organize monastic li'fe, lie looked to forming an ideal Christian community after the pat7 tern of the primitive Church of Acts 2 and 4. The com-munity of lay monks that he organized shortly after his conversion had as its model, his early biographer Pos-sidius tells us, the "common life" (societas) lived "under the holy Apostles" in Acts. The monastic organi~zation of his clergy in the bishop's house at Hippo had as its purpose, Augustine himself explains, "that, as far as we can, we may imitate the saints of whom the book of the Acts of the Apostles speaks," and he quotes Acts 4.is In his letter to the community of women mentioned above, he begins: "This is what we prescribe that you observe in the monastery in which you live. In the first place, since this is the reason for your coming together, you must live in unity in the house, and you must have a single soul and a single heart turned toward God. You must not speak among yourselves of personal goods, but rather have all things in common." 10 He continues: "It is thus that you read in the Acts of the Apostles that 'all things were common unto them, and distribution was made to everyone according as he had need.' "20 These texts of Acts depicting the life of the primitive Church haunted Augustine.21 He returns to them no less than fifty-three times in his different works. An examina- 18 C. Butler, Benedictine Monachism (2nd ed.; London: Longmans, 1924), pp. 16-7; J. Gribomont, "Saint Basile," in Thdologie de la vie monastique, p. 113. x7 p. Salmon, The Breviary through the Centuries (Collegeville: Liturgical Press, 1962), pp. 130-1, footnote 4. xs For citations and references see M. Verheijen, "Saint Augustin," in Thdologie de la vie monastique, pp. 201-2~ a9 Ibid., pp. 203-4. ~See the entire letter in Saint Augustine, Letters, trans. Sister Wilfrid Parsons, v. 5 (New York: Fathers of the Church, 1956), pp.- 38-51. The passage cited occurs on pp, 41-2. ~ For most of the following statistics and details see Verheijen, "Saint Augustin," pp. 204--12. + + 4- Religious . Community VOLUME 25, 1966 tion of these passages shows that he recognized in this vignette of the early Church a picture of the community of love which Christians on earth should be, made one in Christ by the presence of the Holy Spirit, Himself infinite love--a unity which is at the same time an antici-pation and beginning of the fuller community of love which the Church will be throughout eternity. The life of communities of monks, clerical or lay, and the life of communities of virgins was simply the realization of this ideal by these people in a way not possible for the gen-erality of Christians. Whet/we examine early European monasticism, we dis-cover a heavy Egyptian influence. All over ancient Christian Europe the eremitical life was known and praised. So was the cenobitic. The great organizer of western monasticism concerned himself only with draw-ing up a rule for cenobites. He organized and modified. Up to the time of St. Benedict, Abbot Cuthbert Butler explains, monks, though looked upon as bound, whether by vows or without them, irrevocably to the practice of the monastic life, so that to abandon it was considered an apostasy, still were not tied to a particular monastery or community, but were allowed with little difficulty to pass from one house to another. St Benedict's most special and tangible contribution to the de-velopment of monasticism was the introduction of the vow of stability . [By this means] he put a stop to such liberty of passage from monastery to monastery and incorporated the monk by his profession in the community of his own monastery. St Benedict thus bound the monks of a monastery together into a permanent family, united by bonds that lasted for life.'~ ÷ ÷ 4- Thomas Barrosse, .S.C. REVIEW FOR RELIGIOUS In examining his Rule the casual reader may feel he finds relatively little beyond Chapter 63 (on the order of the community) about the relations of the monks with one another. Several points, however, deserve attention. It is quite clear that all the "brothers"--that is, all the monks--have a voice in the running of the community. The abbot must submit all important matters for the ad-vice of all the brothers, and in even minor matters he must get the advice of at least the older members of the community (Chapter 3). It is clear too that the common life means not only living in the same monastery and praying and eating together but also having all material goods in common--hence, a really extensive sharing of life. In this context the Rule cites Acts 4 three times over.23 .~o ~B Iunt lCerh,a Bpetenresd 3ic3ti n(we hMeothnearc hmisomn,k psp s. h2o7u-8ld; have anything of their own), 34 (whether all should receive necessities in equal measure), and 55 (on the brothers' clothing and footwear). The Benedictine Rule (Prologue) declares as its pur-pose to establish a "school of the Lord's service"--not, however, in the sense of a place one leaves (for example, for eremitical life) when he has learned what is taught there. It is written (as the Prologue goes on to say) for those who will "persevere in the monastery until death." The expression "school" occurs of the Church itself in Christian literature of the patristic period (for example: the school of Christ as opposed to the schools of the philosophers).~4 It is not at all unlikely that it is meant to designate the monastery simply as a community where the Christian life can be lived progressively bett6rmand, of course, the Christian life is radically altruistic. The original Benedictine community was by no means closed in completely on itself. Chapter 53 of the Rule (on the reception of guests) has made BenediCtine hospi-tality proverbial. The monks', readiness to evangelize the countryside around their monasteries (for example, at Monte Cassino) and to go on foreign missions (for ex~- ample, Augustine and his companions, who went to England at Gregory the Great's behest) as well as to open monastic schools shows that they were disposed to work for the larger Christian community both outside their monasteries and in themY~ In short, in this respect the Benedictine community resembled the Basilian--Bene-dict says (Rule, Chapter 73) he owes much to his eastern predecessor--and even surpass~ed it. We may sum up what we have seen so far. Th~ phe-nomenon we call religious life originated in fourth century Egypt where Anthony and Pachomius gave as-cetics an organized way of life to follow. It assumed two forms: the eremitic or solitary form (Anthony's) ' and the cenobitic or community form (Pachomius'). The latter developed remarkably--perhaps independently of Egypt --in Cappadocia under Basil. It also found a great fifth century African organizer in Augustine and a sixth century European organizer in Benedict. Pachomius, Basil, and Augustine found the model of what they ,d~re trying to create in the idealized sketch of the primitive community of faith and fraternal love which Luke pre-sents in Acts 2 and 4. Though the inspir~ition of this vision is not so evident in B~nedict, his Rule, by its introduction of stability, mdr~ effectively provided for ~ permanent community in which the Christian life could be lived to the full, Now let us ask briefly about the other three.elements which today, with the common life, form the canonical -°4 See La R~gle du Maitre, ed. Adalbert de Vogii~, v. 1 (Paris: Cerf, 1964), pp. 115-6. = Butler, Benedictine Mona~hism, pp. 389-90, nuances this state-ment. Religious ~ommunity VOLUME 25, 1966 ÷ Thomas Barrosse, REVIEW FOR RELIGIOUS 980 minimum for the religious state: poverty, chastity, and obedience. How were they viewed by the great organizers? It has been customary for centuries to look upon these three--religious poverty, celibacy, and obedience--as an asceticism meant to counter the obstacles to love, in which, of course, the perfection .of the Christian life consists,zn Today, when it has become the style to dis-parage asceticism, this conception has lost appeal. We must recognize quite frankly, however, that in the early centuries of organized monastic life celibacy and poverty and obedience were repeatedly presented as an asceticism --that is, as a tangible expression of that readiness to leave all for Christ which we can call detachment and which is the necessary condition for love. But--what is of more importance for us at the moment--they were also looked upon as being in themselves expressions of love and means to create the ideal Christian community. The case of poverty is clearest. It is true that we can find numerous passages in the sources we have been con-sidering in which the abandonment of material posses-sions appears as a renunciation--a giving up--of material goods. It appears as a means to cast off "anxiety for the morrow" (Mt 6:24). It is presented as getting rid of one's goods preliminary to the following of Christ (Mt 19:21). But even in the case of the anchorites--for example, Anthony himself--disposing of one's goods usually takes the form of selling them to give the proceeds to the poor in accord with Jesus' counsel to the rich young man (Mr 19:21).27 Even more, after the initial renunciation, the cenobite's possession of anything as his own is r~gularly exchtded by our sources as being opposed to a truly common life. Citations from Acts 2 and 4 freque.ntly serve to exclttde private possessions precisely as infidelity to full community of life. Many of the passages examined above will illustrate this if they are reexamined. Let us, instead, examine one other. St Augustine in his treatise on the Work of Monks indicates both renunciation and community as involved in monastic poverty.~s First, renunciation. He writes: Let us suppose a person is converted to this life from a life of luxury, and that he is afflicted with no physical infirmity.,Are we so incapable of understanding the sweetness of Christ that we do not know how great a swelling of deeply rooted pride is healed when, after the removal of the superfluities with ~See John Cassian, Conference 1, Chapter 6 (in Gibson, Nicene and Post-Nicene Fathers, 2nd series, v. I1, p. 297); Thomas Aquinas, Summa theologiae 2-2, q.186, a.7. ~rAthanasius, LiIe o] Anthony, Chapters 2 and 3, in Keenan, Early Christian Biographies, pp. 135-6. ~ Chapter 25, translated in Saint Augustine, Treatises on Various Subjects, trans. Sister Mary Sarah Muldowney (New York: Fathers of the Church, 1952), p. 377. which his spirit was fatally possessed, the humility of the worker does not refuse to perform lowly labors to obtain the few supplies which remain necessary for this natural life? Secondly, community. He continues: If, however, a person is converted to this life from poverty, let him not consider that he is doing merely what he used to do, if, turning from the love of increasing his own private fortune, however little, and no longer seeking what things are his own but rather those of Jesus' Christ, he has devoted him-self to the charity of common life, intending to live in com-panionship with those who have one heart and one soul in God, so that no one calls anything his own but all things are held in common. Celibacy, of course, was practiced by Christians from the New Testament period itself. The motive St. Paul assigns for it in 1 Cor 7:35 is contemplative: to provide "undivided attention to the Lord." The motive Jesus as-signs in Mt 19:12: "for the sake of the kingdom of heaven" (which means "for the sake of the reign of God") can be considered apostolic: that is, celibacy to devote oneself wholly to the spread of God's reign by the preach-ing of the gospel. After all, injunctions to go out to pro-claim the kingdom without delaying even to bury one's father or to take leave of one's relatives occur in the Gospel (Lk 9:57-62; see Mt 8:19-22). Among the Pachomians, Theodore says: "Let us pre-serve the gift [a reference perhaps to the 'gift' of celibacy mentioned in 1 Cor 7:7 or possibly Mt 19:11] which has come to us beyond the deserts of our efforts. Let. us preserve the law [of the koin6nla], each one of us being a subject of edification for his neighbor." And a recent commentator remarks: The edification of one's neighbor--which means, immedi-ately, of one's brothers--is an essential element of the law on which the koin6nla rests. The realization of this law can-not be attained except when the bonds of purely natural love 'according to the flesh' have been broken and all the brothers bound together in a spiritual love. From this source come repeated regulations prescribing separation from one's family and controlling relations witl~ those who are related by blood.-~ Basil too--one more text will have to suffice--sees the renunciation of one's own family--and even more of a family of orie's own--aS a means to be "brother" equally to all members of the brotherhood. He writes: ÷ Superiors should not allow those who have been perma- ÷ nently admitted to the community to be distracted in any + way--by allowing them either to leave the company of their brethren and live in private on the pretext of visiting their Religious relatives or to be burdened with the responsibility of caring Community for their relatives according to the flesh. The Scripture abso-lutely forbids the words "mine" and "thine" to be uttered ~ Bacht, "Pakh6me,'" pp. 67-8. VOLUME 25, 1966 among the. brethren, saying: "And the multitude of believers had but one heart and ~ne soul; neither did anyone say that aught of the things which he possessed was his own." The par-ents or brothers of a membe; of the community, therefore, if they live piously should be treated by all the brethren as fathers or other relatives possessed in common: "For whosoever shall do the will of my Fathe~ that is in Heaven, he is my brother and sister and mother," says the Lord. In our opinion, moveover, the care of these persons would devolve upon the superiOr of the community.so + + + Thomas Barrosse, C.S.C. REVIEWFOR RELIGIOUS We may find this position somewhat extreme by our standards. The basic understanding of celibacy is what makes the text important to us at the moment, and that basic understanding is clear: the. foregoing of family re-lationships is .the means to effect a more perfect com-munity of life with a larger number of fervent Ghristians. Obedience is more difficult. The anchorite placed him-self under a master or teacher to be trained in overcoming self-will but especially to be educated to the ascetical life. Obedience was an asceticism or a disciple-master re-lationship. The' arrangement was voluntary. The leader-ship of communities was Charismatic: Pachomius' virtue explains the following he had, and after his death his community almost disintegrated more than once until his disciples could agree that the successor was equipped to guide them as Pachomius had been. For Basil, the role of the superior (or the superiors--since there can be several in one "brotherhood"---qq. 26 f.) is to direct and guide the individual "in everything." So too in Augustine (Letter 211). The superior, in short, appears as a sort of rnagister. 'Before thee introduction of stability, the monk could move to another community if he was not satisfied with the gu, idance he was given. When the community became fixed and the superior-ship more institutional, the situation changed somewhat. It~must be admitted that superiors were elected--presum-ably for their leadership qualities. But if the choice was limited to members of the community or other considera-tions Anfluenced the voting, obedience might possibly place a monk under a poor master, and remaining in-definitely under his authority would then be nothing more than ~an indefinitely prolonged asceticism. But perhaps we have missed an important aspect of the superior's role more implied than explicitly stated in our sources--that is, the position of the superior as the center of unity for the community. From the end of the very first Christian century we have a heavy emphasis on the head of the local Christian community, the bishop, as the foctts of the Church's unity, This seems to be the so Question 32, translated by Wagner in St. Basil, Ascetical Wor. ks, p. 295. meaning of Ignatius of Antioch's axiom: "Where the bishop is, there is the church." 81 We must reflect for a moment on this third and perhaps principal dimension of authority as a necessity for any and all community and of obedience as being first and directly the insertion of oneself into a community---or gift of oneself to a communitywand only secondarily and consequently the placing of oneself under a su-perior's authority. The extent of any superior's au-thority is determined by the nature of the community in which it is exercised. If the authority of superiors is so extensive in religious life, it is precisely because the gift we make of ourselves to the community is so extensive: we undertake the sharing of practically the whole of our lives with others--prayer, work, responsibilities, material goods, and so forth. How the authority is exercised--for example, by frequent peremptory commands or by dis-cussions in which a superior usually agrees with the con-sensus reached--is quite incidental to this aspect of re-ligious obedience (though it is less so, of course, to obedience as an asceticism). It might be pointed out parenthetically, however, that the way in which the highest (episcopal) authority was actually exercised in the patristic Church and the way Basil and Benedict speak of superiors exercising their attthority suggests a procedure closer to the second than to the first of these two extremes,a2 Looking ttpon obedience as being sub-stantially the gift of oneself to a community means look-ing upon it in a very ancient and traditional way and perceiving it as an influence over the individual religious in his whole community life, even when the superior actually intervenes only rarely. We have been all too brief in our consideration of poverty, celibacy, and obedience. But perhaps we have 21 See V. Corwin, St. Ignatius and Christianity in Antioch (New Haven: Yale, 1960), pp. 80-7, 192-8, 214, and 256-7. Ignatius phrases it slightly differently in his letter to the Smyrneans 8, 2. Why else is nothing to be done "apart from" the bishop and only that Eu-charist is to be considered valid over which he presides or someone named by him (Ad Smyrn. 8, 1)? He is certainly not thinking of a "power of orders" to confect sacraments or of a "power of jurisdic-tion" if we are to judge from the main thrust of his arguments. There is no church apart from the bishop because he is its "center of unity," to use the phrase Vatican II applies to him in its Decree on the Missionary Activity o~ the Church, n. 30 (just after urging all missionary workers to have but one heart and one soul in accord with Acts 4:32). Interestingly, the Rule of Taiz~ (Taiz~: Presses de Taiz~, 1965), p. 55, opens its treatment of the prior (which is its treatment of obedience) with a brief paragraph on the need for nnity; then it explains: "The prior focuses the u6ity of the commu-nity." ~See Y. Congar, "The Hierarchy as Service," in his Power and Poverty. in the Church (London: Chapman, 1964), pp. 15-79, espe-cially from p. 40 on. + ÷ ÷ Religi~s Community 98-3 ÷ ÷ ÷ Thomas Ba~rosse, C.~.C. REVIEW FOR RELIGIOUS 984 spent enough time on them to show that all the essential elements of canonical "religious life as we know it in the Church today can be conceived of just as the cenobitic life as a whole was at its origins: as part of the attempt to create an ideal Christian community on the model of that idyllic picture of the primitive Apostolic Church which St. Luke presents in the opening chapters of Acts. That the apostolates of the active communities can be fitted into this picture too should be clear from what we have seen of the openness to the needs of the Church of their times exhibited by the Basilian, Augustinian, and Benedictine communities. To show that this concept has not been lost between the origins and our own day, let us conclude with two texts. The Pontificale Romanum, dating substantially from the Middle Ages, contains a ceremony for the profession of an abbot--to be used before he is blessed in case a novice or someone not a member of the order in question should be elected. At the end of the Ceremony, the pre-siding bishop gives a short explanation of what he has done in accepting the profession: Although all of us through th~ grace of baptism are brothers in Christ and have one Father in heaven if, to the best of our ability, we do what he commands, without any doubt we are most closely united when we join ourselves to one another in ~common] prayer and mutual service just as we read the holy tathers in the primitive Church, who had but one heart anal one soul, did. Many of them, their hearts inflamed with the love of Christ, sold their posSessions and material belongings, gathered the proceeds together, and brought them in joy (o t~e Apostles. The Apostles took these proceeds and distributed them to all in accord with the needs of each. So it is that this man [newly professed], under God's inspiration and encouraged by their example, desires to be joined to the community of the religious of [this order]. We grant him
Issue 20.3 of the Review for Religious, 1961. ; CONGREGATION OF SEMINARIES Ecclesiasti .al Formation Prot. ,N., 2121:60 LETTER TO THE EPISCOPATE IN THE THIRD CENTI~NARY YEAR OF THE'DEATH OF ST. VIN, CENT DE PAUL ON CERTAIN PROBLEMS OF EC-CLESIASTICAL FORMATION. Your 'Excellency, On June 5th of last y.ear, the Sacred Congregation of Studies, prompted by the wonderful example of the priestly life as typified in the holy Curd of Ars, addressed a letter to the episcopate. [For the text of this letter, see REview Fort R~I.~ctous, 18 (1959), 321-27.] The,.purpose of this letter was to recall to mind some fundamental princi-ples 'of ecclesiastical formation, the lack of which might irrevocably affect the sound preparation of the candidate foi" the priesthood and thus his success in the sacred minis-try. The radiant figure of St. Vincent de Paul, whose name in the third centenary 6f his death has resounded in every corner of the world, induces us to continue and complete our thoughts on this matter. The occasion presents to us anew the life of a saint who/it can be said, was a perfect pattern of Jesus Christ, the Eternal Priest. It offers an ex-ample which merits the earnest consideration of all those who are engaged in preparing students for the priesthood, preparing those who have answered the call to fashion themselves according to the model of the Master. Do not think that w~ are presenting an anachronism; if the spir-itual conditions of the clergy and of ecclesiastical training are happily" very different from, those under which the saint carried out his ~igorous reform, nevertheless the guiding principles which were the leaven of his multiple activity ever remain valid. His activity was impir(d by the eternal value of the Gospel message. The heroic charity which permeated his whole life ca~ not be explained or understood in its full significance un-less we realize that it had its origin in his great concept of the priest and the duties of a priest. ÷ ÷ ÷ Ecclesiastical Formation VOLUME 20, 1961 I6! ÷ ÷ $ac~ed Congregation o] Seminaries REVIEW FOR RELIGIOUS In a time of dire calamity which he felt deeply in his heart, he knew how to confront miseries with comfort and to help all those in need. Through his w~ork of refor.m he had already enkindled in the clergy that zeal which fosters in the faithful the.well-springs of charity. It car/be safely affirmed that there are few ~who l~ave felt to the same extent as St. Vincent de Paul the shpernatural value of the priesthood and its essential importance the Church as the source of Christian life. He had in com-mon with his great contemporaries of the French school a most tender devotion to the mystery of the Incarnation and to the Priesthood of Christ; nevertheless, inspired by his own pastoral experience, he gradually develgp.ed spirituality of his own which was directed immediately towards the practical pastorate and was sustained by an ever.more earnest zeal for,the salvation of souls. His out-look ~ras determined by concrete cases and showed itself in various ways, but it was always based on this funda-mental principle that the priest is the man whom God has selected and called to participate in the Priesthood of Jesus Christ. His task is to continue the work of redemp-tion and, animated with the spirit of Christ, carry still fur-ther .the work which Christ has done and in the way He has done it. For St. Vincent de Paul, our Divine Lord is above all the Savior of mankind and the priest must be another savior who continues His mission of salvation. Therefore he clearly saw. tha_t, the firs5. qualit~ies a prie~st should possess are an ardent charity and apostolic zeal and that if the love of God be the soul of priestly activity, the object of that love must lie in the salvation o~ rfien. See how the saint emphasizes effective love of God: Let us love God, my brethren, but at the cost of our toil and the sweat of our brow. For it often happens that' the various affective acts of the love of God and the interior motions of tender heart, even if they are good and. desirable, are none the less suspect if ,t.hey do not result in effective love. Our Lord Himself says: 'In this is my Father glo~ifidd: that you bring forth very much fruit" (Jn 15:8). w~ must be on our guard be-cause there are many who think that when their exterior de-portment is correct and they are: filled with great sentiments tqwards God that they have fulfilled their duty; but.when they are confronted with the practical work of the apostolate their inadequacy is made manifest. They flatter tti~mselves with their lively imagination; they'are content to converse sweetly with God in pra~er; they even talk the language Of the~ angels; but outside of this when it is a. case of working for God, when.is a case of suffering, of mortification, of instructing the poor, of going in ~earch of lost sheep, of being content'under l~ri~,tions, of a~cepting illness and bther misfortunes, alasl they are not to be counted on, their codrage~fails. Nol Nol We must not deceive ourselves: our whole jqb consists in working.1 a St. Vincent de Paul, Correspondance, entretiens, documents, 162 edited by P. Cost~ (Paris: 1919--25), 11, 40-1. .We c~n say, then, that St. Vincent de Paul sees the priest in- the light of his ministry for souls, souls who are buried in.ignorance of the truths of the faith, souls who are in a state of sin. Or better still, he sees the priest in the light of his service of Christ Himself~' th~it Christ whom the saint kriew how to perceive clearly in the suffering members of the Mystical Body, .even though immersed in the most ab-ject spiritual and bodily misery.- His intense activity consisted in the continual oblation of himself for love of the.God whom he saw and loved in his brethren. Was this activity separated from prayer and from union with God? Such a thought would be the great-est affront to the saint bf charity, since the fire he en-kindled. in others, he had first drawn from the heart of God Himself. We can not do better than to continue the above quotation where We see how graciously the saint treats of the point in'question: ~ There is nothing more conformable to the Gospel than for us to accumu_lafe light and strength for our own souls in prayer, spiritual reading, and solitude, and then to bestow on men this spiritual food. In doing so, we are following the example of our Lord andHis Apostles; we are uniting the task of Martha to that of Mary; we are imitating the dove which itself takes a part of the food.it has gathered for its own nourishment and gives the.rest to feed its young. This is what we must do. This is how we must prove to Gbd that wd love HirfiNthrough the mh.dium"of~ our good works? The aspect'under which he loved to think of the Savior is that foretold, by the Prophet and used by Christ at the beginning of His public lifein reference to Himself: "The spirit~of the Lord is upon me. Wherefore he hath anointed me to preach the gospel to the poor, he hath sent me to heal the contrite of heart, to preach deliverance to the cap-tives, and sight to the blind, to set at liberty them that are bruised, to preach the acceptable year of the Lord and the day of reward" (Lk 4:18-19). The poor, those in tribula-tion and distress, were indeed the special care of Vincent de Paul even if he did not exclude any social class from his apostolic work, seeing it to be his duty as a priest to work for the salvation of all. But to the poor and humble he cer-tainly showed his preference. For them his love was bound-less; it was a love which has given us the most glorious pages, in the annals of Christian charity. They were his principal concern in his reform of the priesthood. "Make good priests" a favorite expression of his meaning "Make holy priests"--signified for him a bringing back of the clergy particularly to their mission of preaching by which th, ey would rescue the people from their ignorance of the truths of the faith and lead them away from sin. By means of this he established an indissoluble link between the See the preceding note. ÷ ÷ ÷ Ecclcslasticai Formatio~ VOLUME 2~ 1961 163 ÷ Sacred Congregation ot Seminaries REVIEW FOR RELIGIOUS 164 priesthood' and the laity: good priests mean a good laity; ignorant or sinful priests are their ruin. From this unify: ing principle, "As the priest, so the people," were derived all St. Vincent's projects for the formation and sanctifica-tion of the clergy: the Congregation of the Mission, for ordinands, the Tuesday conferences, clergy re-treats, and especially the establishment of seminaries. his innovations bore the stamp of God's approval, for hav-ing first given himself up to humble and unceasing prayer he then went forward with his plans slowly and carefully so as not to jeopardize, as he used often say, the work of God. That was in fact characteristic of the man: to ensure that in every undertaking, big or small, he followed will of God, avoiding all forms of impatience which is detrimental but especially so in the carrying out the designs of God. This accounts for the qualities of en-durance which characterized his work. He sought God's will in all things, straining with the single-mindedness a saint towards the perfection which was his ideal for priests. Selection and Evaluation of Candidat.es The reply of St. Vincent to those who were proposing one of his own nephews for sacred orders out of motives not altogether praiseworthy is well known. He s~tid: "F~my part had I known at the time when I haft the rashness to enter the ecclesiastical state what I subsequently learned, I would have preferred to work in the fields than to go forward to such an awe-inspiring state." If we can see here evidence of the saint's constant and profound hu-mility, we can also see an indication of his very great reverence for the priestly vocation. In those unfortunate days when men entered the priest-' hood for motives, other than the wish to serve God and save souls,. St. Vincent's only preoccupation was to prevent from such an unworthy course those "who make the just weep tears of blood." Clearly the reason for his care was that "God gives the graces needful for this hgly state only to those whom, in His goodness, He calls,''3 "Those who enter there without His call would seem to be lost.''4 In these and similar quotations there is obviously evidence of Jansenistic pessimism; we know well St, Vin'-' cent's undying hatred for the harm caused by this teaching and the part he played in its condemnation. Of course, th~ fact is that he saw the priestly vocation through the eyes a saint--in other words, in its true supernatural light. Each priest is individually chosen by God who gives St. Vincent de Paul, op. cir., 6, 155-56. St. Vincent de Paul, op. cit., 5, 569. qualities necessary for his state and the graces to live up to its obligations. It was, therefore, with the express inten-tion of testing the genuineness of vocations and making them effective for leading souls in the path of justice and salvation, that the saint applied 'himself with:unflagging zeal to the establishment of seminaries formed on the Zri-dentine decrees. His first difficulties and reverses in no way daunted him. ., The seminary is of necessity a place of selection and for-mation where~the Church lays on superiors the onus of picking out those really chosen by God in, order that these may be'brought to the height of perfection demanded of them fbr the profitable exercise of their ministry in the world. Selection and formation, therefore, are two essen-tial factors of a seminary which can not be changed. The Church d~mands that this be recognized at all times and under all circumstances. She is guided by Divine Wisdom in the adoption of new methods and their adaptation, de-ciding with loving care how to meet changing conditions. She can never afford to compromise, her fundamental at-titude when dealing with seminaries; according to their state, she flourishes or declines. 'The priesthood is such a high calling, it demands so fine a character, it confers such great powers that it must be the result of a special choice, a special vocation from God. This special vocation is essential to those who are to receive the dignity and exercise the prerogatives of the priesthood. It follows that both the student and the Church should make it their business to find out what the will of God is in each individual case: the student that he may not lightly intrude himself into a state of life so exalted and to which he can lay no claim, the Church that she may not take the risk Of conferring orders on one who has not the necessary requirements. The Church has the strict obligation to seek the signs of a true vocation in all who feel themselves called to the sanctuary. She must make sure, at the same time, that they have the quali-ties which will enable them worthily and efficiently to ful-fill their office. We know that whenever God lays on men such exalted duties and responsibilities, He gives to those so chosen sufficient graces to enable them to carry them out worthily. The candidate puts himself, forward for the judgment of. superiors. It is for the superiors to judge and act accordingly. This scrutiny begins from the time a student first enters the seminary. It ends either with his ordination or with his dismissal as soon as it becomes apparent that he is un-suitable. Each superior in a seminary has his own particu, lar sphere but each, by reason of his sacred trust, has a twofold office. He is to be an educator in the daily task of making a new man out of each of those entrusted to his ÷ + + Ecclesiastical Formation VOLUME 20~ 1961 165 + 4. 4. Sacred Congrega6on oy Seminaries REVIEW FOR RELIGIOUS charge; and he is to be a judge as to whether they are corresponding to the graces they have received, as to their progress or otherwise, as to the evidence of further physi-cal and spiritual develolSment, and. as to their resistance to or inability to profit by the work of formation, it task which can not be shirked. The superiors, in their ac-tions, must be guided by the light of God to whom hearts are open and whom all hearts obey. To evaluate a vocation properly, it is indispensable know the student's whole personality. Taking qualities and abilities singly, considering weak points and defects in isolation, it is possible to be seriously mistaken. These elements must be considered under the aspect of a per-son's whole character-only thus can~ they be viewed their proper light. If we are to reach a-correct judgment on the vocation of candidates for the priesthood, we must not base that jtidgment on first impressions of a particular facet of their character. Rather, we must strive to see the whole person and thus we can reach a balanced estimate of the particular elements which form the,total character. There is a fundamental element in every person from which all the facets of his character spring.It follows, therefore, that the. superior's energy must be directed a profound study of each individual student, maximum importance to,the resourceful energy of the mind which is called will power. For example, some brilliant personalities at first make ¯ very favorable but often they are inconsistent characters who lack the necessary stability and will be unable to face tomorrow's temptations and the great trials of life ahead. They will fall victims to fatal weaknesses altogether much for their defective will power. At other times a. close scrutiny can reveal as' unjustified'the esteem held up then for .the piety or at least the devotional piety of youth who~ otherwise showed no great strength of:'charac-ter. We speak of that apparent piety which is the uncon: scious refuge of the intellectual and spiritual pauper who, once his environment is changed, will stand revealed in his weaknegs, We would insist that superiors watch closely over un-stable natures to see whether this weakness springs only from the youth of the students concerned. This will especially apparent in adolescents. On the other hand, may be a permanent defect of character, as in a youth who will apply himself to a hundred tasks without seeing through to its completion. He may be a pefson of nervous temperament, always vacillating and undecided, who puts one in mind of the: basic neurosis underlying these symptoms. Such characters as ~these, the products of, a world in ferment almost to the point of frenzy, can be blamed for their condition, but they are certainly the most suitable candidates for the ranks of the priest-hood. This requires a strong and even temperament, one ready to endure any sufferings and to take any risks for the advancement of God's kingdom. Therefore, both the who!e.personality and the. many individual traits must be thoroughly.examined, with par-ticular attention being paid to psychological and emo-tional stability. The superior is dealing with the realms of the spirit where the meeting.~of God with man is the inti-mate personal; responsibility of each individual; he must tread warily, making constant use of humble prayer, ap-proaching God with reverence, waiting and listening and sensitive to the-manifestations of His will. Supernatural means must always take the first place, but the aid which the sciences of the educationalist and the psychologist af-ford should not be forgotten. When one's own experience does not suffice, a specialist should be called in. This, of course, must involve no compromise of the faith and nothing which is contrary to Catholic morality must be countenanced. We can never be too careful in such deli-cate matters; this is especially~true because, as competent psychologists tell us, the mental maturity of modern youth frequently lags behind his physical growth---a trap for the unwary who would content themselves by judging from appearances. . In this matter, the Code of Canon Law, c. 973, §3, clearly lays down that there must be "a moral certainty based on positive arguments" . of the candidate's suitability. That is the judgment to be formed before a superior can with a safe conscience advance his candidates to holy orders. If it is impossible :to arrive at this moral certainty, the other rule must be applied, the r_ule stated by Pope Plus XI with equal clarity in his encycIical,letter .4d Catholici sacer-dotii of December 90, 1935: ", . in this [the Pope is speak-ing of dismissal from seminaries] they should keep to the most secure opinion, which in this case is the one most in favor of the penitent, for it saves him from a step which could be for him eternally fatal.''~ The. reason for this clefir~and uncompromising attitude must be evident to all who have at heart the good of the Church whose well-being depends on the qualities of her ministers. In her age-long wisdom, the Church has satis-fied herseIf of the real worth of these qualities, all the more so in view of the heavy burdens she places upon her ministers. Daily, every priest has an enormous weight of pastoral responsibility to bear. The various urgent prob-lems which clamor for his attention create tension and fatigue. He is beset with dangers at every step he takes in a world which is losing its Christian values and submitting ~Acta Apostolicae Sedis, 28 (1936). 41. ÷ + ÷ Ecclesiastical Formation VOLUME 20, 1961 ÷ ÷ ÷ Sacred Congregation ~o! Seminaries REVIEW FOR RELIGIOUS 168 to a paganizing influence. In view of this, it is no wonder that the Church exercises the greatest caution in the choice of those who are to be her priests. For the sake of her good name in the world and for the common good of the faith-ful, she can not afford to advance to orders even a single one whom she deems less suitable, such is the damage she might suffer at his hands. The unsuitable student of today is the unworthy priest of tomorrow. The Church must train up young men of sound moral fiber, ready to re-spond to the highest ideals, men of deep-root.ed convic-tions, prepared for sacrifice arid self-oblation. Only then does she feel confident in presenting them to her divine Spouse for the seal of ordination. Canon law carries a warning for those who have not a true understanding of the "tutiorism" clearly set forth in both general and par-ticular terms in many papal documents. They can not escape the penalty for defaulters with regard to the canon mentioned above. In fact, they are running a grave risk of "sharing in the sins of others:" All laxism must avoided and no other method or moral system may be countenanced which departs.from the line laid down, es~ pecially when it is a matter of making a final decision on student's ability to observe clerical celibacy. Undoubtedly, some otherwise sound moralists hold opinions which can hardly be reconciled with the "tutiorism" of papal pro-nouncements and repeated above. Unfortunately, there is no escaping the fact that 'in spite of the strict instructions of the Sacred Congregation of the Sacraments (Quara ingens of December 27, 19~0, and Magna equidem of December 27, 1955) not a few candi-dates without a true vocation have been admitted to holy orders. It is not a question of mistakes due to human falli-bility, since on examination of the hist6ry of many ship-wrecks, one becomes perfectly aware that clear indications of a lack of vocation to the priesthood could have easily been noticed during the period of training in the semi-nary. Besides, the Sacred Congregation itself has been able, through periodic apostolic visitations ordered in the vari-ous countries under its jurisdiction, to verify the.fact that not infrequently the fault lies in an inadequate sifting of candidates and the retaining in seminaries of students of little promise either from the human or from the supernatural point of view. It would seem that the policy of many superiors is guided by ~the sad state of dioceses which are hampered by a serious lack of priests. How can one act differently, one hears it asked, when we have not the necessary organization for pastoral work---even for the bare. administration of the sacraments? Is it'not per-haps better to have priests, even if they are not the best type of priests, as long as they provide ior the basic spiritual needs of the faithful? Such a utilitarian concept of the priesthood constitutes a denial of the very essence of the priestly vocation and the priestly ministry. Even if it is true that the efficacyof the sacraments does not de-rive from the goodness of the~minister, yet it is no less a fact that the building up of Christian life is closely bound up with the holiness of God's priests. Their mission, as seen from the Gospels, consists precisely in enlightening their flock and protecting them from corruption, not only iby means of grace, but also by the personal example of 'their lives (see Mt 5:13-14). We must not reduce the priest to the level of a mere bureaucrat of the things of God by ignoring his personal qualities and depriving him of the glory of his intimate union with Christ, a union which consists not only in sharing in His powers but also in copy-ing His virtues. This would be to deny in practice the in-escapable demands of the Catholic priesthood and its transcendent dignity. Preoccupation with numbers regardless of quality is clearly seen to be a mistaken policy. The admission to the sacred ministry of men who are only mediocre is a corrupting influence not only on the zeal of their fellow priests whose apostolic effort is thereby lessened but above all on thd intensity of the religious life of the laity. This last, of course, is a necessary condition for the birth of good and numerous vocations. It is' well to remember that in the ordinary course of events the appearance and develop-ment of priestly vocations d~rive from the personal action and example of the priest as from their instrumental cause. It is an undeniable fact that vocations flourish where there are real men of God~' SuCh men who believe in and love the sublime things they handle show forth in all its pure beauty the ideal which they preach. Acting as poles of attraction, they enkindle the spark of the divine call in generous souls who respond to living example rather than to mere words. Let it therefore be quite clear that preoccupation with numbers, whenever it tends to compromise quality, is self-destructive, slowly but surely drying up the sources of vo-cations and paralyzing the work of divine grace. It shows a weak faith, as we see from the vigorous words of Pope Plus XI, quoting St. Thomas Aquinas: Bishops and religious superiors should not be deterred from this needful severity by fear of diminishing the number of priests for the diocese or institute. The Angelic Doctor, St. Thomas, long.ago proposed this difficulty and answered it with his usual lucidity and wisdom: "God never abandons His Church; and so the number of priests will be always sufficient for the needs of the faithful, provided the worthy are advanced and the un-worthy sent away." . We reaffirm that one well-trained priest is worth more than many trained badly or scarcely at all. For ÷ ÷ Ecclesiastical Formation VOLUME 20, 1961 169 4, 4, Sacred Congregation o~ Seminaries REVIEW FOR RELIGIOUS 170 such would not be merely unreliable but a likely souxce of sor-row to the Church,° This Sacred Congregation, therefore, demands with all the force that accrues from its high mandate of watchful-ness, that the most exact and scrupulous care be taken in the choice of candidates. We exhort all those responsible for the task of selection not to minimize in the slightest degree, the wise rules laid down in this matter by Holy Church. Are we to allow ourselves to be overtaken in this respect also by'the children of darkness? We are well aware of the great care these latter exercise in the selection and training of those of their disciples who show the greatest natural gifts and display an ability to influence others; their intention is to use such men to permeate the masses and gain them for their own ends. It is a principle both human and divine that the fate of institutions depends on quality and not on numbers. "Gidedn, with an im-mense host at his command, a host seemingly ready to face any danger or difficulty, hears it said to him by the Lord that in great enterprises, one must count on few, not on many. Selection is the rule of existence, of progress, and of perfection.''7 Let us, therefore, rest our hopes on those alone who are chosen by the Lord. Filled with the spirit of Christ, these men will be the vigorous band who by the integrity of their lives and their burning zeal for souls, will,lead the people of God back to the pure.sources of Christian life, thus ensuring the growth of a vigorous generation of priests. The Training of .Seminarians "To devote oneself to making good priests and~ to co-operate to this end as the secondary, efficient, and instru-mental cause, is to fulfill the very task of Jesus Christ. Our Divine Lord during His life on earth seems to have taken it as His very special work to train twelve good priests, His Apostles; with this end in view, He deigned to stay with them some years to instruct and train them for this sacred ministry." Teachers in seminaries must, then, be intimately united to Christ and must give themselves com-pletely to Him, for their work is the priestly work par excellence, "the most difficult, the most sublime, the most important for the salvation of souls and the progress of Christianity.''s "To make'more perfect priestsl Who can understand' the sublimity of this work?"9 "To make good priests is the greatest achievement in the world; it is ira-e Ad Catholici sacerdotii, Acta Apostolicae Sedis, 28 (1936), 44. ~ John XXIII, "Discourse ~to the Students of the Roman Colleges," January 28, 1960, in Acta Apostolicae Sedis, 52 (1960),272. sSt. Vincent de Paul, op. cir., 11, 7-8. * St. Vincent de Paul, op. cir., 11, 9. possible to conceive anything greater or more impor-tant." 10 For St. Vincent de Paul, therefore, those who have the task of educating candidates for the sanctuary can only be described as the perpetuation of Christ in th.eo~ighest realms of the priesthood. Such m~n carry on the teaching work of our Savior, instilling into the youths called to fol-low Him, those principles which He Himself taught to His Apostles before He sent them out tO procla.,im the message of salvation before men. It follows from this that in the mind of the saint, the seminary must be nothing other than a school in which the students, by means of a fitting preparation, learn those things both human and divine which they will need later if they are to bring forth the fruits of salvation. But they must learn these lessons from their superiors who, for them, stand in the place of Christ and who must be capable of instilling in them the spirit of Christ. The saint's spirituality is vigorous, Some have even con-sidered it hard, but such people have stopped at the mere letter of his vehement teaching without considering the thought behind it. It is true that he never tires of preach-ing reunciation, sacrifice, and detachment from family and from worldly goods; he demands the unconditional surrender of the will; he condemns in no uncertain terms indolence and laziness; he. brands pride as the chief ob-stacle to the triumph of grace in the soul of the priest. He insists on penance as the undoubted means of bearing fruit in the sacred ministry; he exalts the value of suffer-ing, renunciation, sacrifice, and detachment fromrfamily, the complete submission of one's own spirit in order to possess the spirit of Christ. Here we have the pure teach-ing of the Gospel, untainted by compromise or human considerations. It is from the Gospel that the Vincentian method of seminary training gains its strength and vigor. If the saint demands renunciation and sacrifice, he shows them in the light of the love of Christ and of souls. He preaches death too but only as the gateway to a richer life; he too takes the shears to the vine to prune it, to cut away all that is disordered and superfluous, but it is in order that the plant may have a more vigorous growth; he too preaches immolation in union with Christ, but it is as a way of coming to the triumph of the Resurrection at Easter and to the fullness of the Holy Spirit at Pentecost. Because he was intolerant of any form of self-love, including that kind which is more subtle and capable of cloaking itself ambiguously under the most plausible pretexts, he had a heart as vast as the ocean, a heart which was most t~nder, always ready to sympathize with every form of misery, ~°St. Vincent de Paul, up. cir., 12, 14. + + + Ecclesiastical Formation Sacred Congregation of Seminaries REVIEW FOR RELIGIOUS 172 and to beat with a zeal which in him was a devouring flame. Worthy friend of St. 'Francis de Sales, he possessed the delicate virtues of meekness and forbearance; he could rise on the wings of the supernatural over the limitations of human nature and yet stoop with understanding to its weaknesses. He was the Good Samaritan who saw in hu-man nature the humanity of Christ. For this reason he looked upon it with serenity and kindness, seeing it as the necessary foundation on which the dignity of redeemed mankind had to be built. But being conscious of its weak-nesses, he would allow it no more than the role of a means, never that of an end: "For he that will save his life, shall lose it; and he that shall lose his life for my sake, shall find it" (Mt 16:24-25). It is often repeated, and not without truth, that prior to making priests, the teachers in our seminaries should make it their first care to train upright men. The purpose of this assertion is to emphasize the importance of human qualities in the full priestly personality. This is the sincere mind of the Church. She demands precisely the presence of notable natural gifts in formulating a positive judg-ment on the worthiness of candidates, and these are the foundation, the starting point, of the ecclesiastical forma-tion. A vocation does not involve the rejection of the hu-man qualities of man. On the contrary, it places the high-est value on what he is by nature and by grace. The God who gives the divine call is the same God who has be-stowed the gifts and who waits for the day when these talents show their increase (see Lk 19:22 ft.). Grace does not destroy nature; but, according to a Thomistic princi-ple so very fertile in the field of theology, it restores, puri-fies, elevates, and transforms nature. Moreover, it can even be said that, in the ordinary course of events, nature con-ditions grace inasmuch as the action of grace is facilitated where human qualities abound, whereas it is stultified where human qualities are lacking. Consequently, any-thing which is contrary to nature has no part in Christian and priestly virtues; and any educational system which dis-dains natural virtues, even though it be presented under worthy pretexts, would be unreasonable and confusing and fraught with dire consequences. It could become the rock on which the frail barks of many vocations, guided by inexpert helmsmen, would founder. Much more en-couraging is the exhortation of the Apostle: "For the rest, brethren, whatsoever things are true, whatsoever modest, whatsoever just, whatsoever holy, whatsoever lovely, what-soever of good fame, if there be any virtue, if any praise of discipline: think on these things" (Ph 4:8). A wise teacher, then~ conscious of his responsibilities with regard to his students and in the eyes of the Church, will consider with religious care the individuality of each one and will know how to accept, stimulate, and develop the precious per-sonal gifts of each character. However; there has arisen today even in ecclesiastical circles an excessive tendency to ghrink from these duties as educators and to submit ~' ~l~e iiadividualism df oi]r mod-ern youth who seem intolerant of all discipline. There is much talk of how the child must be prepared for future responsibility by reducing restrictions in the field of edu-cation. In the community as a whole, self-government, the vital spirit of democracy, and group decisions are widely praised. This involves an ever decreasing guidance or so-called "interference" from superiors. They accept, that is, if not in theory, at least in practice, the conclusions of certain authorities whose theories, though much in vogue, are nonetheless reprehensible: We may rightly include under this category, those modern theories which, though presented under different names, agree in regarding it as fundamental in all forms of education that children should be allowed to mold their characters entirely at their own will and discretion, Advice from teachers, or elders is rejected and no account is taken of any law of assistance, human or divine. '. Unhappy illusionl Claiming.to emancipate the Child, they enslave'him; they make him a slave to arrogant pride and irregular desire, to a pride and passion which, if their system is true, are to be approved as the needs of an autonomous human nature?a Such theories owe their origin to an over-optimistic con-cept of human nature. They do not appreciate the frailty and inadequacy of man, nor, in his fallen state, his need to be ruled if he is to achieve self-control. This is above all the case with adolescents and young people who are natu-rally immature and often lured by merely transient en-thusiasms and torn by conflicting emotions. "The same thing is not possible for one who has a virtue and for one who does not have it; so too the same thing is not possible for a boy and for a perfect man".''~s If they lack singleness of purpose and perseverance, our students will never be able to control their impulses. In all kindness they must be made to accept subjection to rule and to realize the force of law. In this way, they will acquire deep-rooted habits which will neither stifle thei~ conscience nor restrict their liberty, but which are, on the contrary, the source of freedom and a guarantee of its ex-ercise. There is no doubt that the authority of the su-perior should control the liberty of the student but always in an atmosphere of mutual confidence, active collabora-tion, and charitable understanding. Thus[ the student's development will not stop short at mere p~assive submis-sion, bu.___~t will go to the very roots of his personality. n Pius XI, Divini illius Magistri in Acta Apos,tolicae Sedis, 22 (1950), 69-70. = St. Thomas Aquinas, Summa Theologiae, 1-2, 9.6, 2. + + + Ecclesiastical Formation VOLUME 20, 1961 173 Sacred Congregation of Seminaries REVIEW FOR RELIGIOUS Therefore, we can not approve of the attitude adopted in some institutions where there is not the necessary in-sistence on the fundamental value of the rule in the for-mation of young men for the Church: Discipline is the rule .of life and the way of virtue. If a rule life is necessary for men in general, how much more necessary is it for those called to the priesthood. Therefore, the discipline of the seminary and the observance of rule, even on minor points, should be close to the heart of every student. Superiors are necessary just as Supervision is necessary, but clerics should behave and fulfill their duties without the need of a superior to watch over them.= ~'o ask young students still in the process of formation to carry out their many duties without the help of a full and'detailed rule, to refuse them the benefits of a well ordered discipline, is to leave them a prey to uncertainty and to deprive them 6f an atmosphere which would be most helpful to their own personal efforts. The daily "bearing and forebearing" of a rule observed in detail will bring much fruit. It will develop reserves of will power; will prepare characters of strength and perseverance; and it will foster balanced and methodical minds, minds which will be able to remain master of themselves and control the situations which inevitably arise from the clash with the difficulties of life. We repeat therefore: It is one thing take care that our students, while being obliged to carry out their duty even to the smallest detail, are imbued with right principles both human and divine such as will en-able them to assume responsibili'ty in the future; it is an-other to exclude or compromise the actual value of the obligation. If discipline is to be fully effective, individual teachers must not operate in isolation. On the contrary, one must work together with his colleagues, taking c~re, however, not to intrude unduly in the province of any other. With this collaboration and guided by like con-victions, all can work for the progress of the seminary as a whole. We do not intend to evolve these ideas fully here. But, unfortunately, we must take notice of the fact that natu-ralism seems to have penetrated even into some institu-tions for ecclesiastical training. This has been partly due to those who universally condemn the past as unsuited to the task of forming new generations of young priests and who eagerly search for "up-to-date" methods. Yet an-other cause is the rather fatalistic passivity of those who indeed regret in their heart of hearts this dangerous in-novation in the field of education but still accept it as the inevitable consequence of living in our times. In these instances, there is evidence of a gradual decline which ~ St. Plus X, "Discourse to the Seminaries of Milan," October 14, 174 1908, in Enchiridion Clericorum, n. 827. seems to be affecting every aspect of ecclesiastical educa-tion. The common factor in the whole process seems to be an apprecxable lessemng of the supernatural element. The true foundauons of genmne oecclestast.lca! education prayer, intimate union with Gbd, a spirit of mbrtifica-tion, humility, obedience, withdrawal, and. s.eparauon from the world are retreating ever more into the background to be.replaced by externahsm under the g~ ~se of chanty. The intention is to '~'understand" our' era and the new generation. In reality, it only means givi~ng way to its Shortcomings. One has the impressi6n that teachers, far from exercising restraint, have encouraged and even be-come. obsessed with what is novel and untried. They are concerned rather to grant what would most ~tplease the stu-dent than to insist.on what wouldbe most beneficial, and they have not the courage xo ask.for self-dehial and sacri-rice. ! ¯ But Christ asks for both ~self-~en~al and s crifice. "Deny yourself'.' (Mr 16:24) is at the root of all Hislteaching, and ~t contains the,key to the secret of Christiari vocation and above, all the priestly, calling. The priest is the man of sacrifice, chosen to fill up by his own suffering, sacrifices, and his daily self-immolation that which ~s wanting m the sufferings of Christ (see Col 1:1 2 ) . H . eI ~Socalled to,bear fruits of grace; but without the Cross therelcan be no re-demption (see Heb 9:22). He is called to be alshining'light, but this can only be if he is aflame,with the spirit of self-sacrifice. We need hardly say that this liker~ess to C~hrist, Priest and Victim, must begin in the semirlary.We well realize how long the road is and how strong the resistance of human nature, for many "follow Jesus to the breaking of bread, but few to the drinking of the chalice~of His Passion.TM It is essential, therefore, that ou} students be-gin their self-denial and sacrifices from the loutset. Thus they may come to understand the truth and joy contained in these, words: I But blessed is that man who fir thee, O Lord; abandons all things created; who offers violenc~ to nature and through fervor of spirit crucifies the concupiscence of. the flesl~, so that with serene conscience he.may offer to thee pure prayer and become worthy to be admitted among the choir of angels, having ex-cluded himself both exteriorly and interiorly[ from all the things of earth.~ ., Above all, we must insist on the conflict which Christ Himself emphasized, between His ~spirit andI the'spirit of the world, the world for which Christ did[not wish to pray since it was already permeated wit[i the[spirit of evil and hardened against grace. Therefore His o~n must not :: ~.hKOemma~S,~.'~e:sP.i~, Zmitation o, Christ, ~, 1,, 1. " " P'o , o ¯ I 4. + Ecclesiastical Formation . VOLUME 20, 1961 ÷ ÷ ÷ Sacred Congregation oy Seminaries REVIEW FOR RELIGIOUS be of this world, just as He Himself was not of it (see Jn 17:9 and 14-16; 1 Jn 5:19). They must appreciate that they are consecrated ~o the things of heaven and that al-though taken from the world, they are no longer of it. Only as they detach themselves from the attractions of the world, from its principles, from its methods and from its facile compromises, will they become the salt of the earth and the light of the world. They must be made to realize that a priest does not cut himself off from his own times simply because he refuses to accept their fallacies. In a word, "the man dedicated to the Church, walks indeed this earth, but his mind and heart must look to heaven.''le Likewise in the delicate question of the students' as-cetical training, it is necessary to move slowly and with discretion and to maintaina gentle but firm hand: "ford-ter in re, suaviter in modo" or, to quote our saint, "firm-ness and constancy regarding the end, sweetness and hu-mility regarding the meansY This simply means that we must go back to the' life and teaching of our Savior which, if well presented, exert an irresistible attraction on the minds of the young. Nothing can equal these pure founts. Our students must be led to a spirit of intimacy with Christ, they must live according to that spirit which brings truth and freedom. They must believe in Christ with that strong faith urged by St. John (14:1), that faith which im-plies an unquestioning acceptance of His word, complete. confidence in His help, and a loyalty and correspondence with grace, even to forgetfulness of self. Through 'their daily contact with their Divine Master, they will be im-pelled to be more like Him (see 2 Cor $: 18), to assume His spirit, and thus gradually to achieve "unto a perfect man, unto the measure of the age of the fulness of Christ" (Eph 4:13). This seems to us to be'the royal way, in fact, the only way, in which our students can be made into the apostles of the future, "perfect men, furnished to every good work" (2 Tim 3:17), who will contribute successfully towards "the edifying of the body of Christ" (Eph 4:12). In fact, zeal for souls has always been nourished by a deep spiritual life and by a mortification which is wholly directed to- Wards personal holiness. But there is always a danger of destroying in a short space of time what has taken much labor to prepare. We are referring especially to the impatience, so common these d~ys, whereby our young students are submitted too easily and without the necessary precautions to trials which are beyond their strength. The aim of this, it is said, is that they may become aware of the surroundings 1e John XXlII, "Discourse to. Roman Colleges," in ,4cta Apos- 176 tolicae Sedis, 52 (1960), 262-70. advocate this method deceive themselves inl thinking that I in this way they are securing students against the dangers they are bound to meet with and that at ~he same time they are arousing in them at an early stage, [ m action and by action," the spirit that must animate their future apostolate. Yet they flatter themseh, es th~,t the diocese will thus be supplied with better priests; priests who from the beglnmng of their pastoral work will b'~e able to pro-duce more results and better results; priests who are .in the public eye, leaders of men, who are inla position to bear faithful witness to the Gospel. This policy of haste is not only based on a!mistaken ner-spectlve, ~n so far as it gxves first place to what must neces- I sarily take second place both in importance and in se-quence; but m addmon ~t presupposes somethang whxch does not exist at all, namely, a sp~rxtual, ~nt~ellectual, and moral maturity that is essential if this exper~.ence of which we speak is to be of profit. What is more, it distorts the nature and aim of the seminary as conceived by the Church's legislation. The seminary is not a~ad never can be a place for testing theories and still le~ss a training ground for dangerous and compromising actxwues. It can be nothing other than a home for deep ~piritual and intellectual formation. O1: course, the futureI apostolate is and, must be a source of inspiration, but anyI practical ex-perience must come by degrees and only when the student has reached the requisite standard. Such is th~ mind of the Popes. They are so concerned with keeping the true aim of the seminary intact that they visualize a particular in-stitution with the specific task of initiating the young priests into the various fields of the apostolat6. In this way the transition from the quiet of the seminary is brought about naturally and, with a more adequateI preparation in theory and practice, the danger of eventual spiritual unbalance is precluded,x7 | TO destroy the whole balance of the life~of our semi-naries and their proved worth on the plea of a~n imaginary "apostolate of action" must of necessity do ~mmense harm~' Indeed, it is to be feared that, if priests of t~e future are trained by such a method based on activity, they will not be able to perform really fruitful apostolic ~lwork. They will not be able to surmount difficulties andl discourage-ment and will fall an easy prey to the moral ihstability of ttle restless and treacherous world in which ~ve live. Ex-perience teaches that the bridling of the passions is an interior achievement that must be accomplished in the secret depths of the soul. It takes place slowly ~nd only by a~ See Menti Nostrae (Acta Apostolicae Sedis, 42 [1950] 691-92) and the motu proprio Quandoquidem (Acta Apostolicae S~,dis, 41 [1949], 1.65-67). 4. Ecclesiastical Formation VOLUME 20, 1961 ÷ ÷ ÷ Sacred Congregation oJ Seminaries REVIEW FOR RELIGIOUS means of reflection and recollection. If we allow our stu-dents to throw themselves into external activity, if we leave them free to indulge in that kind of enthusiasm which could easily lead them away from their strict but necessary life of piety and study--even if it is to gain experience of the apostolate---does it not mean, perhaps, that we are drawing them away from their day to day formation which is nourished on prayer, study, and sacri-fice? And at length when their training in the seminary is at an end and they have to face the serious reality of life without sufficient preparation, is it not to be feared that passions suppressed but'not truly subjugated will return? The results of such an education can be observed while still in the seminary. A weakening of piety, a lack of in-clination for all forms of study and especially for specu-lative thought, a discipline that is undermined at its very foundations, and, above all, the appalling superficiality that is found in various branches of education--surely these things are incapable of producing true apostles for the Church. Here we can appropriately quote a saying of St. Vincent de Paul. It can serve as a general rule of- be-havior but it has a special value :when applied to educa~ tion. "Good works fail because people act in too great haste, because they act on their own impulses. This haste has the effect of obscuring the mind and reason and pre-sents the object as possible and opportune. It is not so, and subsequent failure makes it evident.''is Accordingly, rather than use doubtful methods to train a priest just for the present, we must make every effort to form one who will be a priest forever. Conclusion I Your Excellency, before concluding this present letter' in which we have sought to express our concern on cer-, tain matters, we can not but address a last word to the teachers in our seminaries. Whatever position they hold, they are well aware of the seriousness of their duties and of the great responsibility "they bear before God for their students, whom they are seeking to train for the high office that awaits them. In this .unremitting yet hidden toil, which often brings little human satisfaction though it earns much merit, they must never forget their great aim. We are all fully convinced of the importance of en-vironment. Therefore the good will of the students must be encouraged and they must be helped at every stage, of their path towards priestly perfection with all the a.ssist: ance they require. Above all, we would wish that the golden words of Pope Leo XIII be engraved in the hearts of all: 178 nSt. Vincent de Paul, op. cit., 4, 122. n their own field, a personal example of a full, priestly life. l'he example of those in authority, especially for the young, is he most eloquent and persuasive way of convificing them of heir own duties and of fostering a love of wrtue. It is good then that teachers in our semin~aries should se outstanding for their natural gifts, w.hich can win for hem the esteem and trust of their pUpils.°But~ at the same ime, they must realize that natural qualities hnd achieve-nents are of httle use ff they are not ammated by a deep plr~tual hfe. Only th~s can ensure that their work will be ,f real value and bear fruit. The Dlwne Maste.r who dwells n our hearts and speaks to us there "Christ is our ! eacher and He is within us"=0--will be ev, er ready to ,less, increase, .and perfect their work which, by the "rovidence of God, is destined to spread thd mystery of ~Iis Love. We are certain that Your Excellency will ~.ee that this etter be brought to the attention of the superiors of your emmary for their careful cons~deranon. At the same ume, -¢e gladly take this opportunity of express~,ng tO Your ;xcellency our feelings of highest esteem. Rome, Sep-ember 27, 1960.] Yours devotedly in our Lord, JOSEPH Cardinal PIZZARDO, Suburbican Bishop of Albano, Prefect. DINO STAFFA, Titular Archbishop of Caesarea in Palestine, Secretary. Leo XIII, Fin dal principio in Acta Leonis XIII, 22, 254-55. St. Augustine, In lo, 5, 19 (PL 35, 1557). ÷ ÷ ÷ Ecclesiastical Formation VOLUME 20, 1961 179, JAMES I. O'CONNOR, S.J. Some Aspects Religious Authori9 ÷ ÷ ÷ James I. O'Connor, S.J. is professor of canon law at West Baden College, West Baden Springs, Indiana. REVIEW FOR'RELIGIOUS In the Church there are different kinds of authority, One form of authority is called jurisdiction and is the pub lic power of ruling or governing others. It is called publit because it is a power belonging to a perfect society for tht direction of its subjects to the end for which the saic society was constituted. Thus defined, it is a power which belongs both to the State and to the Church. If we narro~ our consideration to jurisdiction in the Church, we can de fine it more fully as the public power of a legitimate su perior, granted by Christ or by His Church through ~ canonical mission, of governing baptized persons to tht achievement of their eternal salvation. This power, native to the Church by reason of its con stitution as set up by Christ, can be and is shared by tht immediate or constitutive parts of the Church by reasor of a canonical mission for the attainment of the purpose o~ the Church. Immediate parts of the Church are diocese: and the clerical exempt religious institutes, As a result! local ordinaries and superiors in clerical exempt religiou: institutes possess true jurisdiction, although the bases art different in each case: in the first case, it is territorial; ir the second, personal. Other moral persons in the Church do not possess juris diction because they are not immediate divisions of tht Church; that is, they are subject to the authority of ar immediate section; "examples of such are parishes, none exempt religious institutes, and so forth. Consequently~ such divisions are sometimes called mediate sections of tht Church. If such a division has jurisdiction, it is by specia~ grant, not by reason of its nature. Within the perfect society which is the Church, w~ find also other societies which are imperfect in the sens, that they are not self-sufficient and are not independen'li although they have a purpose of their own which, how. ever, is a means to obtain the purposes of the Church. Ex amples of such societies are religious institutes. Therefore, ander different aspects, clerical exempt re'ligious insti-tutes are both immediate and mediate sections of the Church whereas all other religious institutes, are mediate ~ections only. Just as the Church in itself and in its cons,ututive divi- ,ions has authority to govern its subjects (and such power I s called jurisdiction), so also the mediate secuons must have and do possess authority for their proper govern-ment. Since this latter authority ~s not jur~s~hct~on, It ~s :alled dominative power. Both types of powerlor authority are set down in canon 501, §1 of the Code of Canon La¯ w: 'The superiors and chapters, conformably to the consu-tutions and to the umversal law, have dominative or .z°vernin~'o~-r~°wer over their sublects,o and .in eve~ ~ exem p t :lerical institute, they have ecclesiastical jurisaiction in both the internal and external fora." ~i UP to the present century, by way of to juris-cfion as a 'public power to govern, dominhtive power as often called a private power. It was calledI dominative power because it was understood as the power or force .~xercised not only on the matter or content ~of the com-mand- theth "ing to be done or not to be done--but also ~n the will of the subject so that the will oflthe subject igree with that of the superior. Perfect s.u~bjection or ibedience brings the intellect of the subject xn,to harmony qith that of the superior insofar as such subjection may )e possible ~ in view o~ the evidence presented to the in-ellec~. By way o[ further distinction, a third kind 6f authority vas recognized by some writers. They called ~it domestic ~ower or authority. This is the power, for exar~ple, ~vhich ~ religious superior exercises over lay peopleI who work or the community; it is also the power of a ~resident of ~ commercial firm, or the supervisor of a hospital floor or . he head o[ a department has over the employees, It is the ~ower or force over the matter or content of the command ,nly--the thing to be done or not done; there ~ no power ,ver the will, much less over the intellect of th~ employee. While these were the usual distinctions of r~ligious au-hority, they did not cover all the authority of a religious uperior, even in a non-exempt institute. A r~,ligious su- ,erior has authority over many things which ,do not fall .nder dominative and domestic power as described above. 7h ose powers all deal w"~th phy"sical persons~, iwith in" d~- iduals. Some illustrations of a religious superior's au-orxty not exercised over lnd~v~duals as such, at least dl-ectly, are the following: admission to the no,~t~ate and ~ religious profession; limited power to dispense from n.pediments to such admission; administration, of the re- .g~ous community as such; administration of the tern- Religious Authority VOLUME 20, 1961 + 4. 4. James I. O'Connor, S.J. REVIEW FOR RELIGIOUS 182 poralities of the entity over which one has authority, example, to contract loans, negotiate sales, lease property and so forth. What kind of authority is this in the case a superior in a non-exempt religious institute? For centuries it was very disputed among canonist., whether such authority was part of the dominative powel of religious superiors.1 Spearheaded by Father (now dinal) Larraona,~ the opinion that such authority was anc is part of the dominative power of a religious superiol gained ground in the present century. As a result, the olt description of dominative power as a purely private powel had begun to fall by the wayside and certainly seems belong there in view of a rather recent reply from tht Holy See. The power in a society has to correspond to it nature. That nature is public since religious institutes art set up by pontifical authority .as a public state of life More%ver, the Church through lawful representatives r ceives-the vows of such religious and these vows are publi both in themselves and in their effects (Canons 488, 1° 1308, §1). Canon 501, §1 acknowledges only two kinds o authority in religious life: jurisdiction and dominativt power. Since in a non-exempt institute the authority is no jurisdiction and since the power over such things as tern poral administration is not a private power, dominativt power must now be classified in two forms: public ant private. Relative to jurisdiction, many questions can arise; fo~ example, kinds of jurisdiction, delegation and subdelega tion of jurisdiction, conferral of jurisdiction in cases whert a doubt is had as to whether a person possesses or cat possess jurisdiction, conferral of jurisdiction on a persor who objectively does not have it but is commonly believec to have it. All these, as well as some other aspects of juri diction, are nicely provided for in canons 196 to 209. N such provision was made in canon law for correspondin' questions pertinent to dominative power. Nevertheless the same questions.and problems can and do arise fo non-exempt religious superiors. All the discussions which proposed solutions to suc] vexing questions were finally brought to an end by al affirmative reply of the Pontifical Commission for th Authentic Interpretation of the Canons of the Code c Canon Law. An affirmative answer was given on March 2~ 1952, to the question: "Whether the prescriptions c 1Those interested in this dispute and the development of th notion of dominative power are referred to a study by the preser writer, "Dominative Power of Religious Superiors," which was pul fished in The Jurist, 21 (1961), 1-26. ~ "De potestate dominativa publica in iure canonico," in Congressus luridici Internationalis, v. 4 (Rome: Pontificium Insl tutum Utriusque Iuris, 1937), 145-80. canons 197, 199, 206-09, concerning the power of jurisdic-tion, are to be applied, unless the nature of the text or context of the law prevent it, to the dominative power which superiors and chapters have in rehg~ous institutes and in societies of men and womenliving in 'common with-out public vows?''a Many religious superiors seem never to'.have heard of this reply, much less of the canons cited, their wording, and their interpretation. Therefore, we shall :first give an Enghsh translauon of those canons, substa, tuung dorm-native power for jurisdiction so that it will be easier to read, understand, and, later, comment upon them. Canon 197, § 1. Ordinary dominative powei: is that which the law itself attaches to an office; delegated]power is that which is committed to a person, §2. Ord:'.nary power can be neither proper or vicari-ous. Canon 199, §1. One who has ordinary dom,inative power can delegate it to another totally or partial,ly, unless the law expressly provides otherwise. §2, Moreover, dominative power which ,has been dele-gated by the Apostolic~ See can be subde~egated for a single act or habitually, unless the delegate was chosen be-cause of his personal qual,ficauons or subdele.gatmn is for, bidden. §3. Power delegated for a whole class of. cases by one who has ordinary power but is subordinate t0 the Roman Pontiff can be subdelegated in individual cases. §4. In other cases, delegated dominative power can be subdelegated only if subdelegation is expressly permitted. §5. No subdelegated power can ~n turn be subdele-gated unless the power to do so has been expressly granted. Canon 206. If several persons have been d~legated suc-cessively, that one must execute the busines~ whose com-mission was given first and has not been expressly re-voked by a later rescript. Canon 207, §1. Delegated power ceases to exist: by fulfillment of the commission; by lapse of time or by exhaustion of the nut Lber of cases for which it was granted; by cessation of the reason for the delegation; by revocation by the delegator together with lirect notice to the party delegated; or by renunciation on the part o[ the one d, elegated to-gether with direct notice to and acceptance ~by the dele-gator. However, delegated power does not cease with the expiration of the authority of the delegator ekcept in the tw~ cases mentioned in canon 61 . 8Acta Apostolicae Sedis, 44 (1952), 497; T. Lincoln Bouscaren, S.J., Canon Law Digest, v. 3 (Milwaukee: Bruce, 1953), 73. + 4. 4. Religious Authority VOLUME 20, 1961 183 4. 4. ]ames I. O'Connor, $.]. REVIEW FOR RELIGIOUS 184 §3. When several persons have been delegated cor-porately, if one of them loses his power, the delegation of all the others also expires, unless the contrary appears from the tenor of the delegation. Canon 208. In accordance with the norm of canon 183, §2, oidinary power does not expire with the expiration of the authority of the person who conceded the office to which the power is attached. However, it does cease with the loss of the office and is suspended by appeal made ac-cording to law, unless the appeal happens to be made with-out suspensive effect, saving the provisions of canons 2264 and 2284. Canon 209. In common error or in positive and proba-ble doubt of law or of fact, the Church supplies dominative power for the external forum. We shall now give some commentary on each of these canons as well as illustrations of their application and non-application. Canon 197 The word ordinary here is a technical term and is not to be confused with our everyday usage of the word as meaning usual, regular, habitual, and so forth. For power to be ordinary two things must be verified: 1) the power must be given by the law itself, whether that law be the Code of Canon Law or the constitutions, which are the particular law of the religious institute; 2) the power con-ferred by this general or particular law must be attached to an office in the institute. An office, as canon 145, §1 tells us, is a function permanently established by divine or ecclesiastical ordinance, conferred conformably to the sa-cred canons, and carrying with it some participation in ecclesiastical power of orders or jurisdiction, or (now in virtue of the 1952 reply) dominative power. Thus, the power of a superior to govern the house or the province or the whole institute is ordinary dominative power be-cause the power is conferred in canon 501, §I of the code and is attached to the office of superior, no matter who may be the incumbent .in the office. The details of that power are partly spelled out in later canons of the code and partly in the constitutions. Some examples of ordinary power from the code are: government of the community over which one is superior; administration of the temporalities of the entity in which one holds office; admission to novitiate and to religious profession; limited prolongation of postulancy, novitiate, and temporal profession; anticipation of renewal of tem-porary profession; change of cession and disposition of one's property; admission of outsiders into cloister in certain instances; egress of religious from cloister under certain conditions; exclusion from renewal of temporary vows or admission to perpetual vows; in all communities, the conduct of the preparatory process fo~/ dismissal of perpetually professed members and, in diocesan law in-stitutes, also that for dismisSal of temporaiily professed members. Not every superior ~has all these powers: some be-long only to the superior general; others ark had also by provincials; still others are possessed by the 16cal superior. Just which superior, alone or conjointly with! another, has these powers must be learned: from reading ~he code and the constitutions. ~i. Some common examples of ordinary power from par-cular law, that is, the constitutions, are: reception of isitors; going out to visit; making trips; dispensation from disciplinary articles of the constitutions; and ]o forth. The details determining the exercise of such po.wers will, in each case, have to be gleaned from the constitutions. Delegated power is defined in the canon. It is any power ~or ta bueth iomriatyg iwnehdic, hw iist hnoout to crdoinnsairdye.r Dinegl etghaet ep~lr psoonw eorf cthane ~lelegate whereas ordinary power can be conceived even though nobody holds the office to which the law attaches ~1 e authority. Ordinary power ~s inherent ,to the office; ~elegated power must always be invested in aI person. r Delegation is conferred by word of mouth or in writing wh l"ch may be the written law itself or some other form of ocument or rescript. A rescript ~s s~mply a written reply to a question or petition. Delegated authority must always be given expressly. Express conferral may be explicit or implicit. Explicit :lelegation is had when the superior in so many words nforms another that he is hereby given suct~-and-such a ~ower or faculty or authority. Implicit delegauon is ~ower of authority or a faculty which ~s not conferred in o many words but which is contained witl~in another ~ower or faculty explicitly conferred which, m turn, can ~ot be exercised either at all or, at least, not ade-quately unless the other power or facul'ty is also ~ossessed. In such a case that other power or faculty s implicitly conferred. Thus, for example, a supe- "ior delegates a subject to investigate a t~oublesome ~tuauon and take care of it. This is explicit delega-ion. When the investigation is made, the delegate finds hat the effective way to correct it is to revoke ~ delegated aculty of the party concerned or to impose a penance. qowever, the superior did not tell the delegate he had he power to revoke in one instance or to punish in the ~ther. Nevertheless, since the superior delegated the per-on to take care of the situation, implicitly ~e thereby lso delegated to him all the power necessary to effect that vhich was explicitly delegated. Delegated authority is not to be confused with pre-÷ ÷ ÷ Religious Authority VOLUME 20, 1961 185 + lames I. O'Connor, S.]. REVIEW FOR RELIGIOUS 186 sumed authority. In the case of presumed authority, the person making the presumption can not contact the party having the authority. Further, after weighing all the cir-cumstances and what is sincerely believed the superior or official would do if asked, he draws the conclusion that the authority would be granted if the superior or official could be contacted. Such action is very different from the express grant of authority made by the superior or official to a definite 'person or group of persons. What power can be delegated will be taken up under canon 199. Ordinary power is said to be proper when it is possessed and exercised in one's own name. Hence, the authority given by the code or constitutions to the superior general, the provincial, and the local superior is both ordinary and proper. Vicarious power is ordinary because the law, especially the constitutions, provides for the office of vicar and the authority of the vicar is determined and conferred by the law itself. However, vicarious power differs from proper power in that the former is not exercised in one's own name but in the name and according to the mind of the superior whose vicar this party is. As a result, when the superior can not discharge his office, for example, because absent from the community or because confined to his room by sickness, and so forth, the vicar becomes acting su-perior and has most, if not all, of the authority of the su-perior. But this authority must be exercised as the supe-rior himself would exercise it. Consequently, the vicar may not take advantage of his position to change the policies established by the superior, even though the change may be desirable. Likewise, he can not grant a re quest which has been already refused by the superior. Moreover, as soon as the superior is again able to discharge his office himself, the power of the vicar ceases because the function of the office of vicar ceases. Vicarious power and delegated power are alike in that in both cases the power is not proper and so is exercised in the name of another. These powers are unlike in tha! vicarious authority is annexed by and spelled out in the law whereas delegated authority depends totally on the will of the delegator as to what authority is possessed. Th~ two forms of power also have different norms as to when and how they are terminated as will be seen by comparin~ canons 207 and 208 as well as what was said above abou~ the cessation of vicarious power. In the light of these distinctions between delegated, Vi carious, and proper power, it seems worth while notin~ that in orders and congregations having a hierarchica form of government, the local superior in regard to hi own community is not a vicar or a delegate of the pro vincial or general superior. This point is explicitly se down in article 312 of the Normae drawn u~ by th Sacred Congregation for Religious. Some . superiors seem not to be aware of the position legally held by the local,superior. This Is especially, true when, the major su-perior drops in~ on the local community either merely for a stopove;,or for a canonical v, isitation. ThE local superior is and remains the true superior of the lo~al community and still possesses and has the right of exercise of all the authority cgnferred on a local superior byI the code and by the constitutibns; The Norma~ in article 265 e~plicitly state thav a provincial or general superior ,can not at the same time be a 19cal superior. A very immediate~and logi-cal ~onclusion follows from tha~t premise: Itherefore, the major suoerior can not take over the functions of a local superi~r.'O'ne,can not.lawfully discharge tl~e function of an office one'does not and ~n h~t ha~. , The only ~xception to this ge~aeral rule islthat in which the local c~mmunity is composed only of m~mbers of the provincial or general curia. Even ~n such cases, ff the com-mumty ~s large, as it ~s in some orders and congregauons, a special religious ~s appointed to be the local superior of the house since such work would notably interfere with the prlnc~paJ wo.rk 9f the major sqpenor m the admxms-tration of the province or institute. A word of caution o~ught to be injected here. There are some "active'-' communities which seem n_ot ~to be obhged by, the~above norms because their local superiors have on!y thg authority th,e top sup.eripr grants the~m. However, such communities do not have the government olan of the ordinary order or congregation. Theirs is [1~ monastic form of government inowhich there is only lone superior who is the equivalent of the abbot or abbess in a ~trictly monastic con~munity. What look like local-~ommunities are not such, canonically; they are not separate moral or jund~c.al~persons. As a result, the superiors" of such houses, are not true superiors in their own right but are vica~rs qr delegates of the one and only true superior. Their authori~ty, then, is only what th,,e one superiorl gives them. Canon !~9 . This canon sets down the rules governing tlie' delegation of authority. In the first place we are told that everybody who has ordinary dominative power can delegate any part of it or the whole of it to another person unless the law, namely the code or the constitutions, expressly declares otherwise. In the absence of a contrary reqmre, ment ~n the law, the delegator may delegate any person competent [or th e assi"gnment, whether the delegated party be a mem-ber of t e ~nst~tute or not. Hence, a qualified s~uperior can delegate the priest who comes to say the community Mass to receive the vows of one of.the commumty. ,Whale the canon does not put a time limit on the duration of the Religious Authority VOLUME 20~, 19bl 187 James 1. O'Connor, $.J. REVIEW FOR RELIGIOUS delegation, even when all the authority of a sup6rior or official is delegated to another, it is usually p~inted out'by moralists and canonists that such unlimited delegation of all authority is an abdication of one's own resppnsibility. Therefore, delegation of total authority should be granted for a fiXed time only and, ordinarily, for a comparatively short time. ' ~ Delegated power can be used in any legitimate way un-less the manner of use was also defined at the time of dele-gation. When delegation is made, the terms of delegation should be clear to both delegator and delegate so that all doubts and misunderstandings can be avoided. In this first paragraph of canon 199 the solution is of-fered to many problems of superiors. So very often supe-riors, and especially local superiors, complain that the), have no time to be a real superior, to be a mother or father, ~s the case may be, to the members of the community be-cause their time is largely taken up with granting routine permissions, distributing articles, for example, writing supplies, dentifrices, ~ind so forth, so that there is very lit-tle or no time left to help subjects with doubts, questions, and problems. One way of getting that necessary time is to delegate some one or more persons in the community to grant those routine permissions, to distribute articles to the members of the comm~unity, to handle the mail, and so forth. Heretofore some superiors doubted whether they could use such a means as delegation) Whatever grounds for doubt" existed earlier, there is certainly no basis' for such doubts since the 1952 reply of the Code Commission. In as much as the right to delegate is granted by law to all having ordinary power, this power to delegate is itself part of that ordinary power and the superior needs no approval of a higher superior if he chooses to delegate his authority. It may be that a superior in one institute can not delegate to the same extent as a superior in another in-stitute because of a limitation contained in the constitu, tions which is not found in the second set of constitu(ions. Such a limitation, however, has to be found in the law; otherwise there is no restriction except, as previously noted, in the case of delegation of total authority for an indefinite period of time. Occasionally a superior is afraid to delegate authority because he fears the delegated party may use poor judg-ment, abuse authority, and so forth. This simply means that the superior should be as careful as possible in" the selection of the person to be delegated. Sometimes this is the only real way to find out what a given person will do with authority. Secondly, if such faults occur and the dele-~ gate does not amend after advice and correction, since the authority belongs to the superior, just as that authority Could be delegated, so also it can be revoked at any time the delegator judges it should¯ Conseq.u1e tnht dyl, e e e-gator never has to feel that once authority is delegated, it is gone forever from his control. The second situation in which delegation is allowed by general law is that in which~:tileHdly See d~leg'a~t~s an in-fervor, who, ~n turn, may pass on delegation to a third party. Such delegation of delegated power is called sub-delegation. Subdelegation can be granted either for a soli-tary case or for all such cases unless the Holy See's con-ferral of delegauon exphcltly states that the delegate has been chosen because of his personal quahficat~ons or un-less the Holy See exphcltly forbids subdelegauon. To date, there is no general grant of delegation of dom~na-ttve power by the Holy See to all'religious superiors. An examrfle of such a general grant of delegatei:l ]urtsd~ctton ~s the brochure of qumquenmal faculties to local ordi-naries, some of which can not be subdelegatedA Another occasion in which subdelegationlcan be made is found in canon 199, §3. Here the original delegate re-ceives his authority from a person who posse.sses ordinary power 'but who is a. subordinate, of the Holy See. More-over, the delegate must have authority over a whole class of cases or business. In this situation, the del~egate has the authority from the code to subdelegate t~artt or all of his authority to a given individual for all cases! or only one case, or he can subdelegate many persons forI one case. There are or can be a number of instances in which this law can be applied. Perhaps the best exampl~ is that of a hospital administrator or a college or university president, The ultimate responsibility for the hospital br school be-longs to the superior. However, because ofI the load of work involved in functioning as a religious superior,' espe, clally of a large commumty, and also funcuomng as the I administrator of the hospital or the president of the col-lege or university, the work-load is split andlthat part of the superior's authority which pert~ains to thee operation of the hospital or school is delegated to another who serves as admtmstrator or president.5 Th~s ~s delegauon by a person hawng ordinary power but subject to the Roman Pontiff. It is conferred for a whole class of cases or busi-ness, namely, operating the hospital or schooi. If need or usefulness should dictate, the administrator ~r president | t T. Lincoln Bouscaren, S.J. and James I. O'Conn!r, S.J., Canon Law Digest, v. 4 (Milwaukee: Bruce, 1958), 69-82. I . ~ Such split authority can give rise to many problems. A suggested method for dividing the authority in the case of hospitals can be found in an article by the present author, "The Hosp.~tal ~n Canon Law;" in Hospital Progress, 41 (February, 1960), 361-87. Most of the suggested division of authority can be applied to col!ege and uni-versity presidents by simply substituting "president" for "adminis-trator ¯" I Religious Authority VOLUME 20, 1961 189 ]ames L O'~,o~nor, S.]. REVIEW FOR RELIGIOUS 190 has the authority from the code to subdelegate part or all of his authority in~ an individual case. Another example, in a different line, is that in which the local superior is delegated by the superior general or, if competent, by the provincial, to receive the vows of all~ who make profession, temporary or perpetual, in the hduse of that superior: This, again, is delegation for a whole class of cases, namely, the reception of vows. Such a local superior, if impeded from receiving the vows him-self, could subdelegate another, for example, one of the community or the priest celebrating the vow Mass, to re-ceive the vows on this particular occasion. Apart from the two cases provided for in §§2-3 of canon 199, §4 prohibits subdelegation of delegated authority un-less Such delegation is expressly permitted by the original delegator. Subdelegated authority can never be again sub-delegated unless an express grant to that effect was .made when the first subdelegation was given (canon 199, §5). Canon 206 Canon 206 supposes a' situation where, for example, three sisters receive delegation for the same task: Sister Felicitas on January 2; Sister Mary on January 3; and Sis-ter Josephine on. January 5. While all three have delega-tion, which one has the right and obligation to exercise her delegation? Canon 206 replies that the person whose commission was first given has the right and duty; in: our case, that is Sister Felicitas, An exception to this rule is made if a later commission contains a revocation of the earlier grant; for example, if in Sister Josephine's appoint-ment there is also found an explicit revocation of the dele-gation previously extended to Sisters Felicitas and Mary~ Canon 207 ~ Canon 207 lists the ways in which delegated power ceases to exist. Only §1 and §3 are quoted above because §2 can not apply to purely dominative power. Only a brief commentary seems useful here. I) Fulfillment of commission: the delegated authority ceases as soon as the job for which it was given~has been completed. 2) Lapse of time: authority was delegated to December 31, 1960 inclusive. With the end of 1960 the delegated authority also ended. 3) Exhaustion of number of cases: delegation, was ex~ tended to receive vows on five occasions. After the fifth occasion the delegation is lost. 4) Cessation of the reason for delegation: Sister Felicitas is delegated to govern the convent of St. Helen, December 26-31 because the local superior is to be away to attend a series of special conferences. On December 24th word is ~ceived that the director o the con erence has taken eriously sick and the conferences have been ~alled :of[. As result, the superior does not go away Dece.mber 26-31. ince the reason for Sister Felicitas' delegation .has now eased, her delegation also ceaseS. .5) Revocation by the delegator roger er wxth direct no-ice to the delegate; of great imp ortance in~ this stpi ula-ion is the word direct. An example: Brother Hilary has ¯ een delegated by his provincial to negouate the, sale of a ,fece of community property. Before he has time to com- ,lete the transacuon, he hears from a fellow rehg~ous who appened to pass through the prownclal's re.s~dence 'that he provincial said he was writinga letter to Brother Hil-ry revoking his delegauon. The same day l~e hears this ews, Brother Hflary happens to have an appointment to lose the property deal. Does he still have~delegauon to do :~? He does, because he himself has not received dire~t otice from his provincial of the revocation ofldelegation; e merely heard of it from an unofficial sourc.e. If the fel- :~w religious was commissioned by the provincial to in, ~rm Brother Hflary of the revocauon, then Brother s elegat~on would cease as soon as he was informed by h~s eligious confrere. ~6) Rentinciation on the part of the delegate ~together ,ith direct notice to and acceptance by the:del~gator: Two ~ings are to be noticed in this instance: dire~t notice to nd acceptance by the delegator. Direct ha~ the same -~eaning as above regarding revocation. In addition to the irect notice, for instance, Brother Hllary reforms his pro-incial by letter or phone that he is renouncing the dele-auon g~ven him, there must be acceptance by lthe delega- ~r. Brother Hilary does not lose his delegation unless his rovincial accepts.,the renunciation. | . After listing all the ways a given individual@ay lose his elegation, the canon goes on to add a situation in which elegation is not lost, even though, at first glance, it might -em delegation is lost: An illustration will l~elp: Sister enigna, a local superior, has been delegated by her ,other general to receive all vows pronounced in her con-znt. Mother general went out of office Januu~ry 5th be-muse she died that evening. On the morning.+f January ,~h, Sister Benigna received the vows of some s~sters in her ~mmunity. Later that day she learns of mother" general!s eath. Now Sister Benigna wonders if she had ~lelegation ~ recexve the vows that morning. Sxnce no hm~tat~on was ut on her delegation, her authority continued on Janu-y 6th and still continues after that date unless the new ,other general revokes the delegation. The law on this point makes an exception in the two ~ses mentioned in canon 61 which reads: umess ~t should opear otherwise from appended clauses, or unless the re~ I ÷ ÷ ÷ P~ligious Authority ¯ VOLUME 20~ 1961 19l ÷ ÷ ÷ ]ames I. O'Connor, S.J. REVIEW FOR,RELIGIOUS script confers on some person the power to grant a favo to particular persons named in it and the matter is stil intact." Examples of "appended clauses" are: "As long as I a. superior general"; "As long as I wish." With her remova from the office of superior general, both appended clause cause a cessation of the delegated authority. The "As lon as I wish" can be had only if she is competent to grant th delegation. With removal from office she is no longer co petent to have such a wish effectively; therefore, the del gation ceases. The second exception supposes delegation, for exampl to permit Sisters Gervase and Protase to take a trip t Europe. For one or other reason, the delegate has not ye done anything about granting the permission to :the tw sisters named. Unexpectedly, the delegating superior die Since the matter of the delegation is still intact, that i has not been touched, has not had even a beginning o execution, the delegation ceases. Hence the erstwhile del gate is no longer competent to grant the favor and Sister Gervase and Protase are out of a European trip. Canon 207, §3 considers the case where two or more pe sons have been delegated as a single body to carry ou some commission. Brothers John, James, and Joseph hav all been delegated as a unit to transact some business fo the community. Brother Joseph renounces his delegatio by direct word to the delegator who, in turn, accepts th renunciation, Unless the contrary appears from the orig nal delegation, the delegation of Brothers John and Jame automatically ceases. Canon 208 In canon 208 the code turns to the question of cessatio~ of ordinary power. It repeats the norm already mentionec in canon 183, §2; namely, an ecclesiastical office is not los by the loss of authority in the party who conferred th~ office, Therefore, canon 208 draws the logical conclusio~ that authority attached to an office by the law, that i~ ordinary power, is not lost when the party who conferre, the office loses his own authority. This norm is similar t. that for delegated authority at the end of canon 207, ~§1. In the present instance, the case supposed is that, fc example, of a local superior who was appointed to offic by a competent higher superior. The term o~ the highe superior ends before that of the local superior appointe~ The local superior's power, derived from law through hi office, continues even though the party who put him int the office has now lost his authority. Ordinary power ceases when one loses the office t which such authority was attached. The power is su pended, that is, it is possessed but can not be used, if i! possessor lawfully appeals a decision to a higher superior, unless the nature of the appeal is such that it does not prevent immediate execution of ~the original deCision. Ap-peals in judicial processes usually produce suspension of the decision; otherwise, for example, in purely°fid~ainis, trative decisions, appeal or, more exactly, recourse does not suspend the decision (canon 1889). The norm set down above does not derogate from the provisions of canons 2264 and 2284. The first of these canons stipulates that an act of dominative power is il-licit if placed by an excommunicated person. Further, if the excommunication has been pronounced in either a condemnatory or a declaratory sentence of a judge, the act is also invalid. An exception to that law is contained in canon 2261, §2; but both it as well as canon 2284 can ap-ply only to priests, not to sisters and brothers. Canon 209 The last of the jurisdictional canons made applicable to dominative power is of .extreme importance, even though it is not usually of frequent'application. It solves situations which earlier caused very serious problems. Canon 209 supposes a situation where, in the objective order, a superior certainly lacks dominative power or has it only in a doubtful way, In the latter case, the doubt must be positive and probable, that is, there must be good arguments in favor of possession of the authority but there must also be good arguments against its possession. The source of the doubt may arise from a lack of clarity in the law itself or from the lack of certainty that a given fact or facts exist. An illustration of a doubt of law is found in canon 105, 1° concerning the necessity of having a consultive vote of councilors in order that the superior may act validly. As it stands, the canon says: "It is sufficient for valid action if the superior hears the councilors." It is disputed among canonists whether such a hearing is required for valid action because, contrary to its usual language, the canon does not say required. As a result, since the law itself is doubtful, even if the superior did not consult the council where consultation was prescribed in the general law or in the constitutions, the superior's exercise of dominative power is certainly valid since', in virtue of canon 209, de-fect of authority is supplied by the Church in such an in-stance. A doubt of fact means that with regard toa given event there are arguments for and against its existence. If the fact is required as a condition for possessing dominative power, the Church again supplies the authority needed. To illustrate: On May 15, 1960, Brother Joachim was ap-pointed provincial by competent authority. Some time + + + Religious Authority VOLUME 20, 1961 ~93 + ÷ ÷ James 1. O'Connor, $.]. REVIEW FOR RELIGIOUS later it comes out that at the time of his appointment Brother Joachim seems not to have completed his thirtieth year of age. If that is true, then, without a papal dis-pensation he is not a validly appointed provincial and, furthermore, lacks the dominative power of a provincial. An investigation of the matter shows some documents as well as testimony of relatives and friends indicating he was born August 16, 1929. However, other reliable sources give the year as 1930. Further investigation does nothing to solve the doubt regarding Brother's-birth date. If he was born in 1930, he did not possess one quality required by canon 504 to qualify'as a valid provincial. The doubt in this problem has nothi~g to do with the meaning of the law; it centers on whether or not a given fact occurred in one year or another. Hence, it is a doubt of fact, Since the doubt is both positive and probable, that is, capable of proof both ways, the Church supplies the dominative power brother needed for all his actions. As a result, they are all valid and licit. As for the future, brother should, of course, be reappointed by competent authority since it is not certain that the original appointment was valid. The third instance in which the Church supplies domi-native power is that in which there is no doubt either of law or of fact but because of some externally perceptible circumstance a person is commonly believed to be a valid superior when the real truth is that this person is not, Such a condition of affairs is called common error. From the evidence available and in accord with limited knowledge, the community forms the judgment that Sis-ter Lioba was duly elected superior general on February 11, 1958. She proceeds to exercise all the powers granted such a superior in the code and in the constitutions. One day in the summer of 1960 Sister Sophia, one of the gen-eral councilors, is attending a canon law lecture at the end of which she is very disturbed and consults-the lecturer. The consultation reveals the following facts as certain be-yond all doubt. Sister Lioba pronounced her temporary vows on August 17, 1937; she made her perpetual profes-sion on August 15, 1940. During the annual retreat of 1956 something the retreat master said raised the question whether Sister Lioba had valid perpetual vows. The above sets of dates of her professions, in virtue of canon 572, §2 in conjunctibn with canons 574, §1 and 34, §5 which re-quire a full three yea.rs of temporary vows, from date to date, in order to have a valid perpetual profession, clearly prove she was not validly professed of perpetual vows on August 15, 1940. Consequently, on August 15, 1956, with the full reali~zation of the invalidity of the 1940 profession, she pronounced her perpetual vows. At the general chap-ter on February 11, 1958, she was elected superior general. Because sister certainly had perpetual vows then; because it had been almost twenty-one years since sister pro-nounced her first vows; because the casting and counting 3f the ballots had been canonically performed; and be-cause the presiding local ordinary declared the elections met all the requirements of ciin6n law, all the sister's 6f the zommunity concluded that Sister Lioba was their new su-perior general. Sister Sophia's disturbance of mind was caused by a ;tatement of the lecturer that, among other qualifications, a :religious, in order to be a valid superior general, must have been validly professed a minimum of ten years, in-cluding the time of temporary vows (canon 504). Mother Lioba, although in the community since 1935, as of Feb-ruary 11, 1958 had valid vows for only just under four and a half years (August 17, 1937-August 17, 1940; August 15, 1956-February 11, 1958). Therefore, Mother Lioba is not really the superior general. Ignorance of the law on this point, even though it excused from all sin because nobody knew any better, does not prevent the canonical effect of the non-observance of the law, for the reason that canon 504 does not provide for ignorance as excusing from the effects of canon law (canon 16, §1). That is all bad enough. However, since a validly chosen superior is required for valid admission of candidates to the novitiate, to tempo-rary and per.petual' professions, to negotiate contracts of sale or loan, to appoint provincials and local superiors, and so forth, what about the validity of all those admis-fions, contracts, appointments, as well as all other actions whose validity depended on a validly chosen superior? Prior to the 1952 reply, cases like this with their chain reaction of multiple invalidities were something of a night-mare to canonists who in various ways sought to find a legal remedy to prevent' such awful consequences. The ;urest way to take care of such cases was to request from the Holy See what is called a radical sanation (sanatio in radice). Now in virtue of the 1952 reply, in such circum-stances, namely, where common error is had, the Church mpplies the dominative power necessary for the acts ~laced by such a "superior." Consequently, as regards the ictions of Mother Lioba, all those requiring dominative 3ower in order that they be valid, are all valid by supplied iuthority. As in the case of Brother Joachim, so also in :hat of Mother Lioba the status as superior should be vali- ]ated if possible. In the present instance the easiest way ~zould be to petition the Holy See for a radical sanation. These considerations should make for a better under- .tanding and appreciation of religious authority or dotal: ~ative power and especially of the application of certain urisdictional canons to that authority. + 4- + Religious Authority VOLUME 20~ 1961 195 FRANCIS N. KORTH, S.J. Total Dedicatio in the Worl ÷ ÷ ÷ Francis N. Korth, S.J., is professor o[ canon law at St. Mary's Col-lege, St. Marys, Kansas. REVIEW FOR RELIGIOUS ]96 The apostolic constitution, Provida Mater Ecclesia, o February 2, 1947, focused attention upon a new, otficiall~ approved type of totally dedicated life in the world namely, the life in secular institutes. Members of these institutes bind themselves to the practice of evangelica poverty, chastity, and obedience according to their con stitutions for the purposes of personal sanctification and of apostolic work. Secular institutes are the third corn ponent of the juridical state of perfection-to-be-acquired as that state exists at present in the Church; the othei two components are the various kinds of religious insti tutes and of societies of common life. Outside the juridical state of perfection-to-be-acquired, there exist other groups many of them in a stage of development or growth, whose members dedicate themselves totally to an apostolic life and personal sanctification. Religious institutes and societies of common life (ex amples of these latter are the Paulist Fathers, the Mary knoll Missionary Fathers, the Vincentian Fathers) are well established and known in this country. Not so seculaI institutes, since they are a more recent development. Secular Institutes in the United States In an effort to help the growth of this new form ol specially.dedicated life in this country, as well as to make these groups and other similar groups better known and understood, a small number of interestedpersons:met in the summer of 1949 to talk things over. A year later in July, 1950, the first general meeting of such groups with some seventy participants, was held in Washington D.G. From this developed an unofficial national cente, (operating with the knowledge.and approval of ecclesiasti. cal superiors) for the purpose of coordinating activity and~ of collecting and disseminating information. Until 1957 this center was located and serviced at Notre Dame Uni cersity under the able and generous leadership of Father Ioseph Haley, C.S.C. Two other persons who have played mportant roles from the beginning are Father Patrick ~lancy, O.P. and Father Stephen Hartdegen, O.F.M. In lanuary, 1952, a restricted' gathering (seventy-five 'per- .ons attended, however) met at Notre Dame University. Fhe proceedings of both the 1950 Washington meeting ~nd this 1952 meeting at Notre Dame were compiled. In August of that same year, 1952, the first National ,~ongress of Religious in the United States' was held at Notre Dame University; during this Congress two papers were given on secular institutes. About the same time ~ome published materials about secular institutes ap-peared, and some talks were given to various groups about the same subject. In February, 1954, a meeting 3f twenty-six interested priests took place in Chicago. Meanwhile, an informational bulletin was being issued from time to time by the national coordinating center. The interests of the coordinating center had now been extended to include, besides secular institutes, other groups devoted to a life of total dedication in the world. The bulletin received the expanded title of Bulletin on the Dedicated Life in the World and Secular Institutes. In 1955 a workshop for dedicated persons in the world was conducted at Chicago. That same year regional meet-ings were held in San Francisco and New Orleans, fol-lowed by one in Chicago the next year and one in Boston in 1957. The national center's bulletin was now appear-ing under the name of Bulletin of the Life of Total Dedication in the World. In 1957 there was published a ;ymposium, Apostolic Sanctity in the World, edited by Father Haley, C.S.C.; in August of the Same year a ,aational meeting of representatives of the four regional areas was held at Notre Dame University. The Sacred Congregation for Religious had been ac-quainted with these different activities and meetings. ~'or purposes of unifying the activity and of guiding the zfforts of all concerned along proper lines and in con- ~ormity with the Holy See's directives in this matter, the 3acred Congregation urged that all these related activities ,~e now placed under the direction and guidance of the .~onference of Major Superiors of Men's Institutes in :he United States. Father Joseph Haley, c.s.c, had been in charge of zoordinating efforts until 1957, at which date the national ,nformation and coordinating center was shifted to Wash- .ngton, D.C. with Father Stempen Hartdegen, O.F.M. of Holy Name College in that city as the national director tnd president of the newly proposed (but not yet fully tpproved) Conference of the Life of Total Dedication n the World. The plan for this Conference had to be 4- 4. Total Dedication VOLUME 20, 1961 19'/ Francis N. Korth, S.~. REVIEW FOR RELIGIOUS 198 submitted to the Conference of Major Superiors for approval. This approval was obtained (September 29 1959) and 'preparations were then begun for the firs triennial general meeting of the new Conference (here after referred to as the C.L.T.D.W.), Though ~his meeting was projected .for St. Louis in November, 1960, an un foreseen delay caused it to .be held in Washington, D.in January of the following year. The Washington Meeting This first triennial general meeting represented an edu cational effort to make the life of total dedication in world, especially in secular institutes, better known and understood by clergy and laity alike. The program was signed to appeal both to those whose interest in this wa) of life was just beginning and to those whose interest wa~, of long standing. The opening session of the meeting, convened in auditorium of McMahon Hall at The Catholic University on Saturday, January 28, 1961. Chairman of this session was the president of the C.L.T.D.W., Father Hartdegen. O.F.M. More than one hundred and fifty persons (laymen and laywomen, a number of priests, and several brothers and sisters) had registered for the meeting; a fairly large number of visitors, including some clerical students, individual sessions. The first formal paper of the meeting was a review the activities' during the past eleven years in the United States leading up to and culminating in the formation and. official approval of the C.L.T.D.W. This talk, .en-titled "The Conference of the Life of Total Dedication in the World--A Decade of Growth, 1950-1960/' has fur-nished the facts given in the opening part of the present article. Next on the program was a paper with the title, "An Active Lay Apostolate: Condition of Growth of Secular Institutes in the United States." The paper emphasized that an active apostolate and a deep interior life are the conditions for the growth of secular institutes in this coun-try. Secular institutes, the paper continued, are peculiarly suited to the needs of the times; because they are different in their extrinsic elements, they can fulfill the contem-porary apostolate's need of easier access to atheists and sinners; the institutes, accordingly, answer the universal need for an organized secular apostolate and for a deepl interior life. The paper then went on to give a historical and statistical survey of secular institutes, the main point~! of which are summarized below. In 1938.representatives of twenty-five societies or group~" of total dedication in the world came from various part,~ o[ the world to a meeting in Switzerland. Events such these gradually led up to the official, juridical recognition of secular institutes by the Church in 1947. In the United States at the present time there are repre-sentatives of twenty-five known groups of persons spe-cially dedicated to the apostdlat~ in the world;~ fli~se are either secular institutes or other groups which might de-velop into secular institutes. (No figures are available for Canada.) Of these twenty-five groups, twelve are secular institutes (eight are pontifical and four diocesan), seven are canonically approved pious associations, and six are not yet canonically established, but are existing with the approval of the bishop. The eight pontifical secular institutes are divided into six with final approval (Company of .St, Paul, Daughters of the Most Holy and Immaculate Heart of Mary, Mis-sionaries of the Kingship of Christ [women's branch], Opus Dei, Society of the Heart of Jesus, and Teresian In-stitute) and two not yet fully approved but having the de-cree of praise (Caritas Christi Union and the Society of Our Lady of the Way). The four diocesan secular insti-tutes are: Missionary Priests of the Kingship of Christ, Regnum Christi, Schoenstatt Sisters of Mary of the Catho-lic Apostolate, and the Secular Institute of St. Plus X. The seven canonically approved pious associations are.' Caritas; Domus Dominae and Domus Domini (Madonna House); Jesus-Caritas, Fraternity of Fr. de Foucauld; Ob-late Missionaries of the Immaculate; Oblates of St. Joseph; Pax Christi; and Rural Parish Workers of Christ the King. The six groups not yet canonically established are: Daughters of Our Lady of Fatima, Ecclesian Institute of Christian Life, Institute of Blessed Martin de Porres Work-ers, Institute of the Mystical Ghrist, Institute of the Word, and Pro Deo Workers. Not falling into the above categories of specially dedi-cated persons in secular institutes or in groups that might develop into such, but still worthy of mention here under a special listing because of total dedication or noteworthy apostolic work being done by their members are the fol-lowing four groups: International Catholic Auxiliaries; La Paix (Lafayette Associated Professional Apostolate of Individual Christians ); Lay Workers of the Sacred Heart; and the Society of the Daughters of St. Francis de Sales. [Some information about the above-mentioned secular institutes and other groups is available in a pamphlet en-titled Chan:~els, published by the national information center whose address is: C.L.T.D.W., Brookland P.O. Box 4522, Washington 17, D.C. The price of the pamphlet is twenty-five cents.] The above groups exist in. nearly thirty of the states, though the overall representation is small. While it is true that the secular institute movement has developed Total Dedfi:atlon VOLUME 2°0, 1961 199 4. Francis N. Korth, $.]. REVIEW FOR RELIGIOUS 200 fairly rapidly, still ther~ is reason for concern about the slowness of growth in the United States. The principal cause of this is perhaps the lack of realization on the part of many of what the modern apostolate means and re-quires; namely, the Christianization of modern society. Life in Secular Institutes Following the two main talks of the morning, the audi-ence was then divided into fourteen smaller work groups. Each group had a leader and a secretary; items presented in the preceding talks were discussed more fully by each group; and prepared questions to aid discussion were dis-tributed. Any conclusions were noted by the secretaries; summaries of these conclusions were presented at the final general session on the last day. The first afternoon speaker treated the topic of "Secular-ity in the States of Perfection of Secular Institutes." He made the point that the secularity of these new institutes does not imply secularism but rather a stable way of totally dedicated life in the world. The member of a secular in-stitute has the obligation of the three evangelical counsels of poverty, chastity, and obedience and is always subject to the will of God expressed by the constituti6ns and by superiors. Some difficulties encountered are loneliness, being misunderstood, and a lack of some of the things of the world while living and moving in it. The lack of com-munity life and of a common garb is hard for outsiders to understand. In addition, the member of a secular in-stitute is on his own to do the required thing: perhaps to give up a movie or a television program in order to be faithful to spiritual exercises, to do without new clothing because of the poverty professed, to stay away from an office party. There are no bells to direct one's day, no assistance from the example of others, as is had in com-munity life. Mentality, personality, and strength above average are needed to lead this life. A person must be an active, militant apostle, for part of a vocation to a life in secular institutes is to be the leaven in the masses. The second part of this first afternoon was devoted to a panel on "The Evangelical Counsels," the panelists being two priests and three lay persons. The first panelist pre-sented the canonical aspects of this topic, commenting on the nature of the vows or promises and their resultant ob-ligation or bond and on the fact that one binds himself according to his paiticular constitutions, that a member of a secular institute is not a religious, and that such a call-' ing is a special vocation which at times may require rather high intellectual qualifications. Prudence and good judgment are essential in any prospective candidate and, of course, a good moral life. Some inner impulse or desire is found, but not necessarily a liking; in other words, there should be some general appeal and an investigation of that appeal, The second panelist considered the moral aspects of a life of poverty, chastity, and obedience. His remarks may be summed up in the followifi~ ~iy. Poverty~ tile ~dical ownership remains, while the useful ownership is re-stricted according to the constitutions. A very strict ac-count of income and expenditures is required, the account being rendered to the superior usually at the time of the annual retreat.Combined with generosity to the poor, frugality is practiced. Ckastily: all sins against' chastity must be avoided and, moreover, ~easonable means must be taken to preserve the full beauty of this virtue. Members in the strict sense of secular institutes are forbidden to marry. Obedience: superiors are to be obeyed within the limits of the rule and constitutions. A formal command would be given in writing or before two witnesses and with the use of a special formula; this power is not to be used beyond what is found in the rule or statutes or constitu-tions. ',The practical "aspects of living poverty, chastity, and obedience in a secular institute were briefly treated by the three remaining panelists, each of whom considered one of the three evangelical counsels. The first speaker discussed the practical living of poverty, At times, he noted, it is difficult to determine the detailed application of poverty, particularly in the case of persons engaged in individual work or careers~ One should live in the spirit of poverty and pray to understand what: living in that spirit means. In everyday living two methods of practicing poverty are followed: 1) the individual keeps his own budget and sup-plies his own needs, getting the necessary permissions from his superiors; 2) income obtained from work is pooled and the needs of individuals are supplied by Superio[s. from the common fund. At times there might also be some com-bination of both these methods. Practical ~tuestions, de-termined or settled by the Constitutions or the rule of life of each institute, inclUde the following: whether or not to keep a budget, how much may be spent without special permission, how much to give to charity on one's own ini-tiative, how much.to give to the institute. A definite record of revenues and expenses must be~ kept and reported to superiors at stated times, Permission is required to spend any amount; a general permission might cover expendi-tures for medicine, toilet articleS, and so forth; for cloth-ing, by way of example, specific or special permission might be required. The alignment of permissions varies with the occupations of the members. In emergencies one may act and later report the matter. A booby trap in 'prac-ticing poverty could be the accepting of gifts from relatives or friends (though in some groups it is permissible tO ao ÷ ÷ ÷ Total Dedication VOLUME 20, 1961 ÷ ÷ ÷ Francis N. Korth, $.1. REVtEW FOR R~t.tGIOUS 202 cept gifts even of money) or working extra hours to earn more money when the time should be given to the apos-tolate. A monthly financial report might be required. The rule of life of a particular group will flesh out its constitu-tions on these and similar points. It is important to note that the practical living or regulation of poverty varies considerably with different institutes. Though there is a great variety concerning poverty in the const.itutions, some restriction is essential for all. The speaker on the practical living of obedience noted that obedience presupposes a mature mentality which sees that it is from Calvary that. the meaning of obedience be-comes clear. Obedience gives one an assurance of fulfilling God's will and it frees from pride. Just as other things connected with secular institutes have secular character-istics, so too does this obedience. The member of a secular institute is neither alone nor completely dependent: There are no .schedules or other helps as in religious institutes. Secular institute obedience must be active; often the su-perior gives only general directives. For example, the hour of rising in the morning and the hour of retiring at night are indicated; but if some friend or guest is in the house, the member could probably bypass that directive for the sake of charity. The last of ~he five panelists discussed the practical living of chastity. This means no marriage and no sin against chastity; for God, marriage is renounced and per-fect chastity is undertaken. In regard to dances and shows, the me .mber of a secular institute does not make a habit of these diversions but "attendance is permissible if charity or the apostolate requires it, One must be selective in tele~ vision programs; similarly, books and movies, if there is time for them, must be chosen wisely. Women members should wear clothing that is modest and suitable for their apostblate. Jewelry should not be expensive; it should be used as part6f the costume and not for show. As a motive for faithfulness in preserving chastity, a deep love of Christ should be cultivated. A strong devotion to the Blessed Mother will also help, as.also will fidelity to the rule, which was given precisely to be of assistance in this matter. Formation of M'embers of Secular Institutes The evening session feat ~ured another panel whose topic was "Formation for the Life. of Total Dedication in the World." This time, there w~ere four panelists, two priests and two lay persons. The first panelist spoke about spirit~ ual instruction and remarked that the purpose of a pro-gram of spiritual instruction is to give glory to God, to further the work of the Church, and to form apostolic secu-lar ambassadors of God.: For this latter purpose, apostolic virtues, especially as detailed in the particular constitu- tions, are necessary. In general there is need of zeal for souls, prudence, fortitude, and the gifts of the Holy Spirit. In any consideration of method in spiritual instruction, it is important to remember that the spiritual life must be allowed to grow by degrees. 'It ~as,suggested by the~speaker that in the period of formation fundamentals be stressed; a knowledge of secular institutes in general and of the con-stitutions of a particular group must be imparted along with the spirit of that particular group. In the period of temporary incorporatibn, the above areas should be devel-oped more fully, the .person should be acquainted with the apostolate of the institute, and forbearance of the faults of others should be inculcated.In the period of final or definitive incorporation there is need for continued spiritual instruction, for growing simplicity in one's spirit-ual life with no overemphasis on either the active or prayer aspect of secular institute life. Spiritual guidance was discussed by the next speaker. The spiritual director of a secular institute, he said, must realize that he is working with specially dedicated souls. He must teach them the principles of the spiritual, life with emphasis on prayer and mortification. He must also teach them to think with the Church, to have zeal, tO lead a life of self-denial in order to live with Christ. For purposes of guidance, the panelist suggested the following three "p's" as useful: 1) a philosophy of life (= the faith); 2) a pro-gram (for which consult the constitutions, customs, and heritage of the particular group); and 3) "passion" (= en-thusiasm for living total dedication). The means at a di-rector's disposal are conferences, lectures, discussions, di-rected spiritual reading, and especially a mirroring of all he teaches. The two lay participants on this panel discussed "Teach-ing and Living the Rule and Constitutions in Secular Life." For teaching the rule and constitutions, the third panelist stressed the need of starting with humility, since one is to serve when one governs or teaches. Compassion, zeal, pity, and patience are necessary to teach or train young people. The teacher must teach by living and must himself be immersed in prayer. In actually teaching, the person to be instructed must be studied and the amount of training or instruction to be given here and now must be duly measured. If the person should at present be con-fused or somewhat emotionally disturbed, teaching of mental hygiene is indicated. The vocabulary of instruc-tion should be adapted to the capacity of the hearer. The questions that will be asked of a teacher of the way of life in a totally dedicated group will always tend to be the same; hence the teacher must learn to be patient with the questioners. The final speaker of the panel gave some thoughts on ÷ ÷ ÷ Total Dedication VOLUME 20, 1961 203 ÷ ÷ ÷ Francis N. Korth, S.$. REVIEW I:OR RELIGIOUS 204 living the rule and constitutions. To this end the personal touch and a greater initiative in the following of Christ are needed, especially for groups that do not have training of members in common. Perfection is to be sought from the rule which must be taught gradually without any great upheaval or change in the candidate's life. It must be stressed, however, that the life the candidate is contem-plating is a life of total dedication. He should be taught that in day-by-day living decisions must be made by the individual, but later he should check his decision with the superior's judgment. In the realm of poverty, one should have as if he had not; hence there should be a spirit of being ready to turn.over all one's money to the in-stitute. In order to live the rule and constitutions there must be a constant, conscientious, mature completeness in giving. On Sunday, January 29, the second day of the meeting, a low Mass was celebrated in the crypt chapel of the Na-tional Shrine of the Immaculate Conception. The sermon at the Mass was entitled "The Catholic University and Secular Institutes." The hope was expressed that at some later date a planned series of general courses might be given at The Catholic University on basic knowledge about secular institutes and on training and spiritual in-struction fundamental for life in any groups devoted to total dedication. The Apostolate The general sessions were again held in the auditorium of McMahon Hall. The opening morning session pre-sented a panel of lay participants on the overall subject of "The Apostolate." Five speakers successively discussed lay missions (two speakers), social work, nursing, and teaching. The first speaker on lay missions gave some background information on the general idea of missionary work in the Church. The particular role of the lay apostle in mission areas, he said, is to develop an atmosphere of Christianity through the practice of Christian principles. To achieve this purpose, the natives must be educated in Christian principles, perhaps initially through the ministrations of those in some profession such as nursing. To prepare mod-ern young people for such lay missionary work on a life-time basis, spiritual preparation must first of all be stressed. Next, the prospective missionaries are to under. stand that there must be no forcing of American attitudes about government and life on the natives. The basic atti-tude of the missionary should be humility; he must be sympathetic to the customs and culture of the people among whom he is working. To this end a study should be made of the culture, philosophy, and literature of the par-ticular missionary country. The second speaker on lay missionary work pointed out that opportunities for laymen to spend their lives as per-manent missionaries are found in ~ay mission societies. A lay missionary should be imbued with the missiona~ry mys-tique: to give. He is "going~oht'' to help other p0~ential members of the Mystical Body. Emotional balance is neces-sary for a lay missionary. He should be able to accommo-date himself to the culture of. the country in which he works. "Missionary poverty" means giving up one's former way of living and even of thinking. Joy will be found in a sense of fulfillment, in the hope enkindled in men's eyes, in the happiness of the children one meets, and in the friendship of the natives. Hardships will include discour-agement, lack of assimilation by the natives, rigors of cli-mate, and the like. Teams of missionaries, as opposed to free lances, supply mental uplift, coordination of activity, spiritual assistance, and so forth. The third panelist spoke on the apostolate of social work, an apostolate that implies service and sacrifice. So-cial work implies climbing into the stream of human events and adversities to serve a fellow human being who is suffering. This demands a spirit of self-sacrifice and the conviction that no human being is trifling or insignificant. The fourth panelist discussed nursing as an apostolate. Nursing, it was said, is an art and science that deals with the patient in his entire environment. The nurse must be a mature person with a ministry of mercy based on the love of God. The nurse is to see Christ in the patients, for there is a need of "a restoration of nursing in Christ" to counter-act a secularistic and materialistic attitude. The average nurse today seems self-centered instead of Christ-centered. The nurse should try to help patients spiritually and should teach the Gospel message by action; thus, for ex-ample, the nurse should be ready "to go the other mile" whenever the opportunity arises. A nurse truly dedicated to Christ shares His sufferings and also His joys. The fifth panelist on the apostolate considered the area of teaching, pointing out that educational statistics in the United States show that many Catholic students on all levels of training are not in Catholic schools. Some sug-gestions have appeared in various publications to meet the situation; for example, to close the first four or five grades in parochial schools, to have fewer but more excellent Catholic schools, or to sacrifice tremendously to retain the entire system. Whatever be the solution to the prob-lem, it will always remain true that Catholic teachers must endeavor to be at least as professionally competent as non-Catholic teachers. The speaker suggested that a specialized apostolic group of lay teachers is needed in this country. Moreover, the influence and activity of the Cath-÷ ÷ ÷ Total Dedication VOLUME 201 I961 £05 Francis N. Eor~h, $.J. REVIEW FOR RELIGIOUS 206 olic teacher could well be extended into the area of adult education. After the close of the Sunday morning session, a formal group luncheon was held, at which the Very Reverend Celsus Wheeler, O.F.M. of the Conference of Major Su: periors of Men's Institutes in the United States gave a word of encouragement to the work done at the meeting. He told those in attendance that secular institutes and other groups requiring a life of total dedication in the world are in a splendid position to establiSh contact with people for apostolic purposes in places and circumstances where priests and religious often could not make contact. The second speaker at the luncheon was a physician, a member of a professional men's sodality, who spoke on the topic,. "Dedication to t~he Lay Apostolate through the Professions." In his speech he stressed that though the lay apostolate can achieve a vfist amount of good, still consid-ering the number of Catholics in the United States, there is not the'desired impact or influence which might be ex-pected. Many young people today have no concept of how their future work as professional men might be utilized for the apostolate. One must learn to think with the Church and to carry that thinking into one's professional life. A deep interior life must be developed so that this can spill over into apostolic work. As an example of what one group of professional men is doing for the apostolate, a detailed description was given by the speaker of the sodality to which he helorigs, of its course of training, and of some of its apostolic activities; his presentation was both impressive and inspiring, A business meeeting was held in the auditoriu
Letter From The Representatives Of France, Kuwait, The Netherlands, Peru, Poland, Sweden, The United Kingdom Of Great Britain And Northern Ireland And The United States Of America To The United Nations Addressed To The President Of The Security Council ; United Nations S/PV.8217 Security Council Seventy-third year 8217th meeting Tuesday, 27 March 2018, 11.10 a.m. New York Provisional President: Mr. Blok . (Netherlands) Members: Bolivia (Plurinational State of). . Mr. Inchauste Jordán China. . Mr. Wu Haitao Côte d'Ivoire. . Mr. Dah Equatorial Guinea. . Mr. Ndong Mba Ethiopia. . Mr. Alemu France. . Mr. Delattre Kazakhstan. . Mr. Umarov Kuwait. . Mr. Alotaibi Peru. . Mr. Meza-Cuadra Poland. . Ms. Wronecka Russian Federation. . Mr. Nebenzia Sweden . Mr. Orrenius Skau United Kingdom of Great Britain and Northern Ireland . Ms. Pierce United States of America. . Mrs. Haley Agenda The situation in the Middle East Report of the Secretary-General on the implementation of Security Council resolutions 2139 (2014), 2165 (2014), 2191 (2014), 2258 (2015), 2332 (2016) and 2393 (2017) (S/2018/243) This record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506 (verbatimrecords@un.org). Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org). 18-08569 (E) *1808569* S/PV.8217 The situation in the Middle East 27/03/2018 2/21 18-08569 The meeting was called to order at 11.10 a.m. Adoption of the agenda The agenda was adopted. The situation in the Middle East Report of the Secretary-General on the implementation of Security Council resolutions 2139 (2014), 2165 (2014), 2191 (2014), 2258 (2015), 2332 (2016) and 2393 (2017) (S/2018/243) The President: In accordance with rule 37 of the Council's provisional rules of procedure, I invite the representative of the Syrian Arab Republic to participate in this meeting. In accordance with rule 39 of the Council's provisional rules of procedure, I invite Mr. Mark Lowcock, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, to participate in this meeting. Mr. Lowcock is joining today's meeting via video-teleconference from Geneva. The Security Council will now begin its consideration of the item on its agenda. I wish to draw the attention of the members of the Council to document S/2018/243, which contains the report of the Secretary-General on the implementation of Security Council resolutions 2139 (2014), 2165 (2014), 2191 (2014), 2258 (2015), 2332 (2016) and 2393 (2017). Recalling the latest note by the President of the Security Council on its working methods (S/2017/507), I want to encourage all participants, both members and non-members of the Council, to deliver their statements in five minutes or less. Note 507 also encourages briefers to be succinct and focus on key issues. Briefers are further encouraged to limit initial remarks to 15 minutes or less. I now give the floor to Mr. Lowcock. Mr. Lowcock: As all members of the Council know, the Syrian conflict has now entered its eighth year. When weapons speak, civilians pay the price — a relentless price with horrific violence, bloodshed and unspeakable suffering. The past few months have been some of the worst yet for many civilians in Syria. Today I want to start with the situation in eastern Ghouta. Since the adoption of resolution 2401 (2018) on 24 February, military operations in eastern Ghouta, in particular air strikes, have reportedly killed more than 1,700 people. Thousands more have been injured. Attacks on critical civilian infrastructure, such as medical facilities, continue to be reported. There have been at least 28 reported attacks on health facilities since mid-February and more than 70 verified incidents since the beginning of the year. The World Health Organization has reported that attacks on health facilities, health workers and health infrastructure were recorded during the first two months of the year at three times the rate that we saw during 2017. In recent weeks in Damascus city, at least 78 people were reportedly killed and another 230 injured by shells fired from eastern Ghouta. That includes reports of at least 35 people killed and scores wounded on 20 March, when Kashkul market in Jaramana, a suburb in the south-eastern part of the city, was struck by a rocket. Tens of thousands of civilians have been displaced from Douma, Harasta, Sagba and Kafr Batna in recent days and weeks. So far, reports indicate that some 80,000 civilians have been taken to places in Damascus city and rural Damascus. Nearly 20,000 combatants and civilians have been transported to locations in north-western Syria. Nearly 52,000 civilians from eastern Ghouta are currently being hosted in eight collective shelters in rural Damascus. That displaced population has endured months of limited access to food, medical care and other essential items. In the words of the United Nations Humanitarian Coordinator, Ali Al-Za'tari, who met and spoke to some of them, those people are "tired, hungry, traumatized and afraid". Most of the collective shelters do not have the capacity or infrastructure to accommodate such large numbers of people. They are extremely overcrowded and severely lacking in basic water, sanitation and hygiene facilities. There are a number of serious protection concerns related to risks of gender-based violence, unaccompanied and separated children and restrictions on movement. The United Nations is not in charge of the management of those shelters. However, since 13 March, together with humanitarian partners, we have mobilized a rapid response to provide evacuees with basic support in close coordination with the Syrian Arab Red Crescent and other local partners. So far, more than 130,000 non-food items have been distributed, 130 emergency 27/03/2018 The situation in the Middle East S/PV.8217 18-08569 3/21 toilets have been installed, and water trucking services have been provided to most shelters. In addition, supplies to feed more than 50,000 people and a total of 38 mobile health teams and 18 mobile medical teams are currently providing support to those in need inside the shelters. Humanitarian organizations also need access to the people still trapped within eastern Ghouta, in particular in Douma, where fighting and siege continue. The United Nations and its partners are ready to proceed to Douma with food for up to 16,500 people, as well as health, nutrition, water, sanitation and hygiene supplies, but facilitation letters need to be signed by the Government of Syria. I reiterate the Secretary-General's call on all parties to fully respect international humanitarian law and human rights law in order to ensure immediate humanitarian access and guarantee the protection of civilians, including in relation to displacements and evacuations. The United Nations and its partners require unimpeded access to all those affected by the situation in eastern Ghouta. That means access to the areas where civilians remain, through which they transit and to which they exit, such as collective shelters, in order to ensure that effective protection mechanisms are in place so that we can deter any possible violations and provide remedial protection support. Eastern Ghouta is not the only place in which humanitarian needs continue to increase. In north-western Syria, in recent weeks, an estimated 183,500 people have been displaced by hostilities in Afrin district in Aleppo governorate. The majority — some 140,000 people — have fled to Tell Rifaat and the remainder have gone to Nubl, Al-Zahraa, Manbij, Hasakah and surrounding areas. That massive influx of internally displaced persons (IDPs) is putting a strain on host communities, which are already overwhelmed. Two days ago, on 25 March, an inter-agency convoy to Tell Rifaat delivered assistance for some 50,000 people. However, overall, humanitarian partners are still struggling to gain sustainable access to the area. Moreover, access to Aleppo city for IDPs from Afrin district is currently restricted. Of particular concern are medical evacuations that are urgently required for severely sick people to receive care in specialized hospitals in Aleppo city. Four deaths due to the lack of proper health care have already been reported. Between 50,000 and 70,000 people are estimated still to be in Afrin city. Humanitarian access to the city and its outer perimeters is possible through cross-border operations mandated by the Council. Today, the Government of Turkey told us that it is positively disposed towards such access, and we plan to run convoys in the very near future. We know that needs are very substantial. In Idlib governorate, the situation remains catastrophic, with almost 400,000 people displaced since mid-December. Local capacity to assist is overstretched. Thousands more people are now arriving there from eastern Ghouta, with no sites or shelters available for the vast majority of them. We have received reports of an increase in violence in Idlib in recent days. According to local sources, on 20 March air strikes hit an IDP shelter on the outskirts of Haas village in southern rural Idlib governorate, reportedly killing at least 10 displaced people and injuring another 15. On 21 March, air strikes on Kafr Battikh village, also in southern rural Idlib governorate, reportedly killed scores more. The next day, the central market in Harim town was hit by an air strike, reportedly killing 35 people, including many women and children. On 12 March, air strikes also resumed in southern Syria, with attacks being reported in and around Dar'a city. There have been no air strikes in those areas since an agreement was reached last year on the establishment of a de-escalation zone for parts of the south of the country. That therefore appears to be a major unwelcome development. Let me turn to Raqqa. On 19 March, we received approval from the Syrian authorities for an assessment mission to Raqqa city by the United Nations Mine Action Service, the United Nations Department of Safety and Security, the Office for the Coordination of Humanitarian Affairs and the World Health Organization. As Council members know, we have been seeking agreement to that for some time. That was on 19 March. Three days later, on 22 March, the United Nations Department of Safety and Security deployed a team to conduct a security assessment. They report that while the city is considered calm and stable, considerable risk remains. Raqqa city is still highly contaminated with landmines, unexploded ordnances, explosive remnants of war and improvised explosive devices. We hope that access to Raqqa city will be possible for humanitarian aid deliveries via Qamishli, Manbij, Aleppo, Hamah S/PV.8217 The situation in the Middle East 27/03/2018 4/21 18-08569 and Homs, depending on operational and logistical arrangements. The United Nations and our partners are now preparing a humanitarian assessment mission, which is likely to take place next week. Next I shall address Rukban, on the Syria-Jordan border. United Nations partners received permission from the Syrian authorities on 8 March to organize a humanitarian convoy from Damascus to reach people in need along the Syria-Jordan border. Last week, on 19 March, the United Nations itself received permission to join that humanitarian mission. Preparations are ongoing, and a first humanitarian convoy is expected to deploy soon. As the Council knows, we have been seeking approval for that for many months. As we sit here today, almost at the end of the month, we have reached some 137,000 people in need through inter-agency convoys — that is, cross-line convoys sent to hard-to-reach and besieged areas — to Tell Rifaat, Al-Dar al-Kabirah and Douma. That is limited, incremental progress, compared to the first part of the year, thanks to the extraordinary efforts of the team on the ground and some of those around this table. But we are essentially just given crumbs — an occasional convoy here and there, often, coincidentally, shortly before our monthly briefings to the Council. A total of 5.6 million Syrians in acute need cannot live on crumbs, and with a quarter of the year gone, our level of access is currently far worse than it was this time last year. We need the support of all Council members and members of the International Syria Support Group humanitarian task force to do their part to exert their individual and collective influence over the parties. A few days ago, the Government of Syria and others asked for more United Nations help with humanitarian aid in eastern Ghouta. In response, we have, first, proposed that a team of United Nations emergency response experts be deployed to strengthen efforts on the ground. Visa requests for the team have been submitted. Secondly, we have confirmed a new allocation of $20 million from the Syria Humanitarian Fund, which is managed by my Office, for eastern Ghouta and those displaced from Afrin to provide shelter materials, improve sanitation for displaced people, ensure that safe water is available, provide life-saving medicines and medical services and put in place measures to enhance protection in relocation sites. The United Nations and its partners, on average, reach 7.5 million people every month with life-saving humanitarian assistance across the whole of Syria. Clearly, without that assistance, the situation would be even more catastrophic than it is now and the loss of life even greater. The United Nations has no money of its own to do those things. We can do them only because we receive voluntary contributions from our donors. I want to take this opportunity to thank everyone who has supported our appeal over the last year, including our top donors: the United States, Germany, the United Kingdom, the European Union, Norway, Canada, Japan, Denmark, Sweden, Qatar, Kuwait and the Kingdom of Saudi Arabia. Resolution 2401 (2018) was adopted just over a month ago. I ask all in the Council to make the resolution a reality. Whatever the difficulty, the United Nations and its partners remain determined to follow through, for the sake of the Syrian people. The President: I thank Mr. Lowcock for his briefing. I shall now make a statement in my capacity as the Minister for Foreign Affairs of the Kingdom of the Netherlands. Recently, a Dutch photographer working with Save the Children published a photo album featuring 48 Syrian children, all seven years old. Those photos were school portraits, like we all had taken when we were young. The children were born in Syria, but they had to flee. They are as old as the Syrian war, so they have never seen their country at peace. Their memories of their homeland are fading. Sometimes they cannot remember their country at all, nor their family members left behind. But by giving those young children a public face, the photographer has tried to restore some of the dignity sacrificed to a war in which all humanity seems lost. I have here a photo of Nour. Those children were relatively lucky; they were able to escape. At the same time, inside Syria, during seven years of war, thousands of children have been killed. I myself am a father, and I am certainly not the only parent in this Chamber. Images of children affected by war should leave no one unmoved. Despite any differences between us, we should at least have one thing in common: the belief that protecting children should come first. Yet, such protection is lacking. The Syrian crisis is, above all, a protection crisis — a grave violation of the long-established norm to protect civilians and their belongings in the time of war. 27/03/2018 The situation in the Middle East S/PV.8217 18-08569 5/21 Together, we — the international community — have expressed our determination to prevent conflict and save succeeding generations from the scourge of war. And where conflict cannot be prevented, we have agreed to regulate the conduct of warfare. One of the very first steps to that end was taken in Russia, almost 150 years ago. In Saint Petersburg, it was decided to forbid weapons that cause unnecessary suffering. Since those first steps, the body of international humanitarian law has grown considerably, including through the adoption of the Hague and Geneva Conventions. The imperative of those laws has always been to protect civilians in conflict, to spare them from disaster, save them from harm and respect their dignity. Sadly, what we see in Syria today is the exact opposite. Every day, many are showing total disregard for civilians. In eastern Ghouta, the Syrian regime and its allies, including Russia, have trapped hundreds of thousands of civilians and are relentlessly continuing their offensive. The United Nations has reported air strikes on densely populated areas, blatant attacks targeting hospitals and medical personnel, the use of starvation as a weapon of war and the use of chemical weapons. Many innocent children, women and men are suffering. They should be protected. Yet instead, families are seeing their homes destroyed, their loved ones killed and their dignity shattered. In Afrin, the effects of the Turkey-led offensive are clear for all to see: a worsening of the already precarious humanitarian situation, with more than 160,000 displaced people and a further obstacle to efforts to fight the Islamic State in Iraq and the Sham (ISIS). I ask Turkey not to extend its military activities to other border regions in Syria or Iraq. Four weeks ago, the Council adopted resolution 2401 (2018). It is telling that in 2018, the Council should need to spell out that warring parties should immediately lift all sieges in Syria and grant unimpeded humanitarian access to those in acute need. Those are by no means exceptional demands. They are basic obligations under international humanitarian law, developed over decades to instil minimum standards of human decency in warfare. Not even the presence of terrorists is an excuse for disregarding those standards. It is humiliating that the Council is unable to enforce those minimum standards. If the Council is not willing or able to do it, who is? With all that in mind, we should not forget that the responsibility, and indeed the obligation, to execute the Council's decisions lies with individual Member States. So what should be done? First, we should reaffirm these norms and enforce the relevant resolutions. We call on all parties to the Syrian conflict — including the Syrian regime, Russia, Iran, Turkey and armed opposition groups — to respect and implement the Council's decisions. Secondly, we must strengthen resolution 2401 (2018), with United Nations monitoring of the implementation of the ceasefire and with full access for fact-finding missions to sites and collective shelters housing internally displaced persons. These missions are ready to go; we need their impartial information. Thirdly, with regard to accountability, if there is to be any credible, stable and lasting peace in Syria, the current culture of impunity must end. All those guilty of crimes must be brought to justice. The perpetrators of crimes, including ISIS and Al-Qaida, must know that they are being watched, followed and identified. They must know that files are being compiled with a view to prosecuting them for crimes that may include genocide. They must know that one day they will be held accountable. We urge all States to increase their support for the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, which aims to ensure that information about serious crimes is collected, analysed and preserved for future prosecutions. The Netherlands again calls on all Council members to support referring the situation in Syria to the International Criminal Court. What will become of the children in the photographs I mentioned? Will they one day be able to return to Syria? Like all children, they long for a normal life, for stability, for safety. The Syrian regime believes in a military solution. But there is none. There are no winners in this war. But it is clear who is losing — the ordinary people of Syria. In these most extreme circumstances we commend the incredible courage and perseverance of the humanitarian aid workers. It is up to us to restore credibility to the Council. It is up to us to ensure a negotiated political process, in which all Syrians and other relevant actors are represented. And it is up to us to end the agony and restore dignity and humanity to the people of Syria. I now resume my functions as President of the Council. S/PV.8217 The situation in the Middle East 27/03/2018 6/21 18-08569 I give the floor to those members of the Council who wish to make statements. Mr. Alotaibi (Kuwait) (spoke in Arabic): We welcome you, Sir, in presiding over this important meeting. I am delivering this statement on behalf of Kuwait and Sweden. At the outset, I would like to thank the Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Mr. Mark Lowcock, for his briefing. Today I will address three main areas: first, the status of the implementation of resolution 2401 (2018); secondly, measures needed to improve the humanitarian situation; and thirdly, the responsibility of the parties to implement the resolution. First, on the status of the implementation of resolution 2401 (2018), we are meeting today one month after its unanimous adoption by the Security Council, calling on all parties to cease hostilities without delay for 30 days following the adoption of the resolution. We deplore the fact that it has not yet been implemented. However, we must continue to do everything in our power to ensure the resolution's full implementation throughout Syria. The increased number of humanitarian convoys entering the besieged areas during the month of March shows that partial delivery was achieved by comparison to the complete deadlock in access in previous months. That indicates that progress can be made in implementing the resolution, and we must build on that progress. We affirm that the provisions of the resolution will remain valid beyond the first 30 days after its adoption. We look forward to continued reports from the Secretariat on the status of implementation through monthly briefings, as stipulated in the resolution. In that regard, we support the proposal for providing the Council with further regular updates. We appreciate the continued efforts of the United Nations to facilitate talks among all parties in eastern Ghouta with the goal of securing a ceasefire. We are particularly concerned about the continued military offensive by the Syrian authorities in eastern Ghouta, as well as air strikes on Dar'a and Idlib. The shelling of Damascus from eastern Ghouta is also a matter of concern. All of those acts of violence have claimed the lives of hundreds of innocent civilians. Secondly, on measures needed to improve the humanitarian situation, we must take the necessary measures to protect civilians fleeing eastern Ghouta and to improve the humanitarian situation in collective shelters. As we have said before, implementing the provisions of resolution 2401 (2018) is the only way to improve the humanitarian situation and to achieve tangible progress in that regard. Those provisions stipulate that there must be a cessation of hostilities and that access for humanitarian aid to reach the civilian population must be enabled. Regarding the humanitarian situation in eastern Ghouta, we have five points to convey to the relevant parties, which represent our special concerns about the protection of civilians. First, all evacuations must be voluntary. People must have the right to return and to choose safe places to go to. Secondly, any negotiations on the evacuation of civilians should include civilian representatives, such as local councils. Thirdly, humanitarian aid convoys should continue to enter eastern Ghouta for the benefit of those who decided to stay there. Those convoys should occur on a weekly basis, as stipulated in resolution 2401 (2018), according to the United Nations assessment of needs, including medical supplies, and with full access for United Nations staff. Fourthly, human rights violations, including detentions, disappearances and forced conscriptions, must end. Those are serious protection concerns for civilians staying in eastern Ghouta and for those leaving it. We therefore encourage the United Nations to register the names of those evacuated and their destinations and to reinforce its presence in the collective shelters for internally displaced persons, including through the use of monitors to protect them and prevent sexual violence. We call on the Syrian authorities to grant immediate permission for that. Fifthly, the deteriorating situation in the collective shelters for the internally displaced persons should be improved as quickly as possible as the number of new arrivals continues to rise. We are deeply concerned that the United Nations partners are bearing the brunt of a burden beyond their capacity. It will therefore be essential to make the maximum use of the United Nations, its staff and its resources in order to assist in managing the increasingly crowded collective shelters. We welcome the United Nations plans to increase staff on the ground to that end, and we encourage the United Nations to do the same for eastern Ghouta as soon as the security situation allows. We call on the Syrian authorities to grant visas for additional United Nations staff immediately. 27/03/2018 The situation in the Middle East S/PV.8217 18-08569 7/21 Thirdly, on the responsibility of the parties to implement the resolution, we have a collective responsibility, as members of the Council and, specifically, as parties with influence, to work with the Syrian authorities and urge them to implement the provisions of resolution 2401 (2018) according to international humanitarian law. We expect the guarantors of the Astana agreement, Russia, Iran and Turkey, to achieve progress towards the fulfilment of the commitments undertaken in the statement they issued on 16 March in advance of their summit meeting, to be held in Istanbul on 4 April. Those commitments include, first, ensuring rapid, safe and unhindered access for humanitarian aid to areas affected by the conflict; secondly, increasing their efforts, as guarantors of the ceasefire agreement, to ensure observance of the respective agreements; and thirdly, pursuing their efforts to implement the provisions of resolution 2401 (2018). In conclusion, we affirm our full commitment to continuing to follow up closely on the status of the implementation of the resolution in the monthly reports to the Council. We will spare no effort to make progress in its implementation. This month marks the beginning of the eighth year of the conflict in Syria. Sadly, there is still a need for an end to the violence, sustained humanitarian and medical aid through weekly convoys across conflict lines, evacuation operations, the protection of civilians and hospitals, and the lifting of the siege. Mrs. Haley (United States of America): I thank you, Foreign Minister Blok, for presiding over this meeting, and I thank Under-Secretary-General Lowcock for once again laying out the facts about what is happening in Syria. I also want to personally welcome Karen Pierce to the Council as the new Permanent Representative of the United Kingdom. I know all of us in the Chamber look forward to working with her. Today we have a very difficult subject to address: siege, starvation and surrender. That is the awful, unceasing rhythm of the Syrian war. As we meet today, the third step, surrender, is taking place in eastern Ghouta. After years of enduring siege and starvation, residents are surrendering eastern Ghouta. The terrible irony of this moment must be stated and acknowledged. In the 30 days since the Security Council demanded a ceasefire, the bombardment of the people of eastern Ghouta has only increased and now, at the end of the so-called ceasefire, eastern Ghouta has nearly fallen. History will not be kind when it judges the effectiveness of the Council in relieving the suffering of the Syrian people. Seventeen hundred Syrian civilians have been killed in the past month alone. Hospitals and ambulances are being deliberately targeted with bombs and artillery. Schools are being hit, like the one in eastern Ghouta that was bombed just last week, killing 15 children. Siege, starvation and surrender. I would like to ask my Security Council colleagues to consider whether we are wrong when we point to the Russian and Iranian forces working alongside Al-Assad as being responsible for the slaughter. Russia voted for the so-called ceasefire in Syria last month (see S/PV.8188). More than that, Russia took its time painstakingly negotiating resolution 2401 (2018), which demanded the ceasefire. If we watched closely during the negotiations, we could see our Russian friends constantly leaving the room to confer with their Syrian counterparts. The possibilities for what was going on are only two. Either Russia was informing its Syrian colleagues about the content of the negotiations, or Russia was taking directions from its Syrian colleagues about the content of the negotiations. Either way, Russia cynically negotiated a ceasefire that it instantly defied. Russia even had the audacity to claim that it is the only Council member implementing resolution 2401 (2018). How can that possibly be true when in the first four days after the so-called ceasefire, Russian military aircraft conducted at least 20 daily bombing missions on Damascus and eastern Ghouta, while the people of Syria remained under siege? The so-called ceasefire was intended to allow humanitarian access to sick and starving civilians. Russia even doubled down on its cynicism by proposing five-hour pauses in the fighting. It said that they were necessary to allow humanitarian convoys to get through, but Russian and Syrian bombs continue to prevent the delivery of humanitarian aid. Only after territory falls into the hands of the Al-Assad Government and its allies do they allow food and medicine to be delivered. Russia and Syria's rationalization is that they have to continue to bomb in eastern Ghouta in order to combat what they call terrorists. That is a transparent excuse for the Russians and Al-Assad to maintain their assault. Meanwhile, from the very beginning, the opposition groups in eastern Ghouta expressed their readiness to implement the ceasefire. They told the Council that they welcomed the resolution. Russia's response was to call those groups terrorists and keep pummelling S/PV.8217 The situation in the Middle East 27/03/2018 8/21 18-08569 civilians into submission, while the people of Syria continue to starve. Last week, after Syrian civilians had spent years barely surviving, an agreement was reached to allow them to leave eastern Ghouta. Who brokered it? Russia. So we see the cycle being completed. The people of eastern Ghouta are surrendering. That is the ugly reality on the ground in Syria today. Cynical accusations of bad faith from Russia will not stop us from speaking out, and their blatantly false narratives will not keep us from telling the world about Russia's central role in bombing the Syrian people into submission. Fifteen days ago, when it was apparent that the Russian, Syrian and Iranian regimes were utterly ignoring the ceasefire, the United States developed a plan for a tougher and more targeted ceasefire focused on Damascus city and eastern Ghouta. Despite overwhelming evidence that the ceasefire was being ignored, some of our colleagues urged us to give resolution 2401 (2018) a chance to work. Reluctantly, we agreed and put off introducing the resolution. Now, more than 80 per cent of eastern Ghouta is controlled by Al-Assad and his allies. Their deception, hypocrisy and brutality have overtaken the chance of a ceasefire in eastern Ghouta, and for that we should all be ashamed. If we were upholding our responsibility as a Security Council, we would adopt a resolution today recognizing the reality of what happened in eastern Ghouta. A responsible Security Council would condemn the Syrian authorities, along with Russia and Iran, for launching a military offensive to seize eastern Ghouta the same day that we called for a ceasefire. A responsible Security Council would condemn the Al-Assad regime for deliberately blocking convoys of humanitarian aid during its military campaign and removing medical items from convoys that attempted to reach eastern Ghouta. A responsible Security Council would recognize that the provision of humanitarian aid was never safe, unimpeded or sustained, and that there was no lifting of sieges. A responsible Security Council would express its outrage that at least 1,700 civilians were killed during a military campaign that it demanded to come to a halt — 1,700 civilians who should have been spared in the ceasefire we demanded, but who died on our watch. But we cannot. We cannot take those actions because Russia will stop at nothing to use its permanent seat on the Council to shield its ally Bashar Al-Assad from even the faintest criticism. And we cannot take those actions because instead of calling out the ways in which Al-Assad, Russia and Iran made a mockery of our calls for a ceasefire, too many members of the Council wanted to wait. That is a travesty. This should be a day of shame for every member of the Council and it should be a lesson about what happens when we focus on fleeting displays of unity instead of on what is right. For those who think otherwise, the people of eastern Ghouta deserve an explanation. Mr. Delattre (France) (spoke in French): At the outset, I would like to thank Mark Lowcock for his briefing and to commend him on his tireless efforts and those of his team in their response to the urgent and severe humanitarian situation in Syria. To address that urgency and severity, a month ago almost to the day the Security Council adopted resolution 2401 (2018). We thus collectively and unanimously demanded that all the parties to the conflict cease hostilities throughout the country to allow for sustained and unimpeded humanitarian access to civilians in need and for medical evacuations. A month later, what is the situation? Not only has resolution 2401 (2018) not been implemented, but the humanitarian situation in Syria has worsened. The civilian population is living in despair, trapped between bargaining and fighting, particularly in eastern Ghouta. Over the past few weeks, not only has the fighting has not subsided; it has doubled in intensity, with a land offensive launched by the regime, supported by its allies Russia and Iran. The carefully planned offensive was unremitting, using the double strategy of terror and parallel negotiations that was used in Aleppo to obtain the surrender of combatants and the displacement of civilians. For a month there has not been a single day when eastern Ghouta, which has been besieged and starved for years, has not suffered indiscriminate shelling by the regime and its supporters. They have systematically bombed schools and hospitals and killed more than 1,700 civilians, including more than 300 children. Those deaths are the result of a deliberate strategy of the Syrian regime to forcibly bend an entire population, annihilate any form of opposition and remain in power. Nothing should justify breaches of international humanitarian law. Not one humanitarian convoy has been authorized to enter eastern Ghouta since 15 March, and almost no humanitarian assistance has 27/03/2018 The situation in the Middle East S/PV.8217 18-08569 9/21 been delivered in recent weeks. Meanwhile, there are immense needs among those still in eastern Ghouta, the majority of whom are women and children. For several days we have been witnessing forced evacuations of populations from eastern Ghouta, which could constitute crimes against humanity and war crimes. We have demanded humanitarian access to eastern Ghouta in order to provide assistance to people in their own homes, where they wish to stay as long as the ceasefire allows. That was the reason for the adoption of resolution 2401 (2018). Instead, we have witnessed just the opposite — an escalation of violence to force a massive displacement of civilians. Bombing has forced civilians, approximately 80,000 people, to flee. The displacement of people from eastern Ghouta is an integral part of the military strategy of the Syrian regime to force the opposition to capitulate. Once again, civilians are the primary victims. As I said, those forced displacements could constitute crimes against humanity and war crimes. Evidence of such crimes will be collected, preserved and used. We were clear on that point during the Arria-formula Council meeting with the United Nations High Commissioner for Human Rights a few days ago. Some 55,000 civilians are now in eight collective camps managed by the Syrian regime around eastern Ghouta, without water or electricity and in disastrous sanitary conditions. Their lot has not improved; their hell has simply moved a few kilometres away. We are extremely concerned about the fate of those civilians who now live in overcrowded conditions, with no assurances of protection or security, with no guarantee that they will return home. How do we protect civilians in the situation I have just described? It is absolutely urgent to protect those who can still be protected. Although the 30-day cessation of hostilities demanded by resolution 2401 (2018) has still not been implemented, that demand remains, more urgent and relevant than ever. The resolution is still the framework for our collective action. In that regard, and in line with the briefing just given by Mark Lowcock, I would like to underscore three vital demands. First, it is indispensable and urgent that humanitarian convoys be allowed to enter eastern Ghouta daily and with adequate security. Although humanitarian needs are great, the regime continues to deliberately block aid. United Nations convoys must be able to enter and make deliveries. Fighting must cease long enough to allow for delivery, unloading and distribution of supplies, including of medical assistance. The second demand concerns civilians who remain in Ghouta, who have the right to emergency humanitarian assistance and to protection. Aid must reach them where they are. To that end, the United Nations and its international and local humanitarian partners must be able to work safely on site to assess the needs of those populations. It is an obligation under international humanitarian law, but it is the minimum required to provide tangible assistance to those concerned. The protection that is due them under international humanitarian law must be unconditionally guaranteed. In that regard I call again on the responsibility of all actors with influence on the Syrian regime. The third demand, which has taken on new importance in recent days, is for assistance to be provided to the displaced civilians in camps outside Ghouta. Very concretely, that means that those populations, who have been forced to leave everything behind in order to survive, must be assured of their safety, access to basic necessities and a chance to return home when they so desire. Care must be taken that they are not threatened with retaliation, threats or persecution of any kind. In order to ensure that they are protected, the United Nations and its partners must be able to escort civilians who have been evacuated from their point of departure to their destination in the collective shelters. The United Nations and its partners must be granted continuous access to civilians living in those camps. We hope that the United Nations can strengthen its support to displaced persons who have fled eastern Ghouta. That would call for an increase in the number of international staff on site. We hope that approval will be granted to that end as soon as possible. It would also call for security guarantees for humanitarian workers. The situation in Afrin is also extremely worrisome. A great many civilians are in a critical situation. More that 180,000 people have been displaced. A single convoy was authorized, yesterday, which is insufficient given the tremendous needs of the population. Ongoing fighting in Afrin has forced the Syrian Democratic Forces to halt operations against Da'esh, whose threat, as we all know, has not dissappeared. Our position on the issue is the same. The legitimate concerns of Turkey with regard to the security of its borders cannot in any way justify a lasting military presence deep inside Syria. S/PV.8217 The situation in the Middle East 27/03/2018 10/21 18-08569 More than ever, we need the fighting to end. We call on all parties on the ground to conclude the negotiations under way and respect a cessation of hostilities. We support the efforts of the Special Envoy for Syria, Mr. Staffan de Mistura, and his commitment to resuming the Geneva process and to reaching a lasting political solution in line with resolution 2254 (2015) that starts with the establishment of an inclusive constitutional committee, under the auspices of Mr. De Mistura. It is the only way to end the Syrian crisis. It is absolutely essential to work on both the humanitarian and political fronts. I appeal on behalf of France, first, to those who can make a difference on the ground, starting with Russia. It is never to late to save lives. Let us be well aware that without urgent, decisive action, the worst is undoubtedly yet to come in the form of a worsening and enlargement of the conflict. The time has come for us to learn seriously the lessons of the Syrian tragedy. This tragedy is the illustration of a new global disorder where the rappelling ropes have disappeared due to a lack of strong international governance, a lack of a power of last resort and a lack of convergence among key actors — to which we add the well-known attitude of Russia. In other words, if we want to avoid other tragedies of this type in future, it is essential to structure the multipolar world in which we now find ourselves around a robust multilateralism embodied by a reformed United Nations. It is the only alternative to the fragmentation of the world and the return to the zones of influence — and our history teaches us all the dangers of that — and it is with the settlement of the Syrian crisis, which is our priority today and which is the emergency before us, one of the other challenges of our generation. Ms. Pierce (United Kingdom): I thank you, Mr. President, both for being here today to underscore the vital importance of this topic and, in particular, for your very powerful statement. The United Kingdom supports your call for a referral of the situation in Syria to the International Criminal Court. I also wish to express our thanks to the Under- Secretary-General for his continued efforts to keep the Security Council informed of the toll that hostilities are having on civilians in Syria. We also thank him for the heroic efforts of all his teams on the ground. Their efforts are much supported by most of us on the Council. The Under-Secretary-General's briefing eloquently underscores why it is essential that the Council comes together to agree on concrete steps to allow the Office for the Coordination of Humanitarian Affairs to fulfil its mandate to ensure humanitarian assistance and protection for everybody who needs it. Ambassador Haley has laid the situation bare, Ambassador Delattre has set out the regime's intentions, and Ambassador Alotaibi has focused on the need for protection and registration. I support their calls. I will not rehearse a catalogue of suffering that we have heard expressed so eloquently today, but that omission should not be taken as any indication that the United Kingdom is not as horrified as others by what is happening on the ground. Specifically, it is diabolical that access is actually worse in the face of such suffering. Diabolical is a strong word, but there are no others to describe what is happening. The worst destruction and suffering has continued in eastern Ghouta. Those who support Al-Assad have not taken steps to help stop the violence. Instead, Al-Assad and his supporters have violated the strong words of the Security Council in resolution 2401 (2018), making mockery of the Council's authority, as Ambassador Delattre stated. Since 11 March, an estimated 100,000 people have left eastern Ghouta and are in makeshift reception sites in rural Damascus. Thousands more have been bused to Idlib. Because there is no independent monitoring nor provisions for civilian safety, those fleeing and those staying remain vulnerable and at risk of mistreatment and abuse by the regime, including being detained, disappeared or separated from their families. Humanitarians, health workers and first responders on the ground report that the regime is deliberately targeting them. That is illegal, and those who help the Al-Assad regime are complicit in that illegality. The situation continues even for those who are left behind. An estimated 150,000 civilians remain in eastern Ghouta. They suffer from acute food shortages and lack of medical supplies. They are afraid, and above all they remember how the regime punished the civilians who fled from eastern Aleppo in December 2016. That is why Ambassador Alotaibi's call for protection and registration is so urgent. We welcome United Nations plans to scale up support to deal with the dire situations in the internally displaced persons camps and collective shelters. We call on Russia to use its influence with the regime to 27/03/2018 The situation in the Middle East S/PV.8217 18-08569 11/21 ensure that the United Nations and its partners can also provide assistance and protection for those who remain in eastern Ghouta. Whether civilians choose to stay or leave, it is essential that they be protected against attack and have access to the essentials to survive. This is not just a plea on the grounds of humanity; it is a requirement under international humanitarian law. It is the job of the Council and all members of the Council to uphold international humanitarian law. Those who side with the regime in its actions are themselves guilty of violating that law. In concluding, I would like to highlight two further areas. The suffering of the Syrian people continues in Idlib, where civilians have been under attack by regime forces for many years. More than a million internally displaced Syrians live there, including those who have fled eastern Ghouta. In Afrin, we recognize Turkey's legitimate interest in the security of its borders, but at the same time we remain concerned about the impact of operations on the humanitarian situation, and my Prime Minister and Foreign Secretary have raised the need for protection of civilians and access with President Erdoğan and his Ministers. It was good to hear from the Under-Secretary-General that there may at last be signs of progress in Afrin. After seven years of conflict, over 13 million people are in need of humanitarian assistance in Syria. The Al-Assad regime has created the situation and is now preventing humanitarian actors from relieving some of the horror it has inflicted. We call on Russia to use its influence to ensure that at a minimum the United Nations can fulfil its mandate to ensure humanitarian assistance and protection for Syrians on the basis of need, regardless of any other considerations. I was at Geneva in 2012. I think we all feel that that was a huge missed opportunity, in the light of events. The situation has escalated every year since that time, and, as the Under-Secretary-General said, the level of access is worse. The Council has a small opportunity to put measures in place to reduce the risk of reprisals. As you said, Mr. President, if the Security Council cannot do it, who can? Mr. Umarov (Kazakhstan): I join others in thanking Under-Secretary-General Lowcock for his comprehensive briefing. I also wish to welcome the Minister for Foreign Affairs of the Kingdom of the Netherlands, His Excellency Mr. Stephanus Abraham Blok, who is presiding over today's meeting. Kazakhstan remains committed to all Security Council resolutions aimed at solving humanitarian issues in Syria. We believe that it is most important to preserve all possible humanitarian-access modalities, including cross-border assistance, which are indispensable in bringing humanitarian aid to millions of people in Syria. Implementing resolution 2401 (2018) is a collective responsibility, with each Council member and State Member of the United Nations playing a significant role. We must all continue to do everything we can to ensure full implementation across Syria. We look forward to continued reporting on the implementation of resolution 2401 (2018) to the Council through the regular Syria briefings and reports of the Secretary- General, as stipulated in the resolution. Urgent attention must be focused on long-term humanitarian assistance, with the assurance of safe humanitarian access by the United Nations and other aid agencies, and evacuation of the wounded. We commend the sterling contribution of the Office for the Coordination of Humanitarian Affairs, the World Health Organization and the Syrian Arab Red Crescent for their provision of increased medical supplies and life-saving services, including surgical procedures. In that regard, we welcome the increase in humanitarian convoys gaining access to besieged areas in Syria in March, compared to previous months. It is necessary to take note of the worrisome humanitarian situation in Syria, as fighting in different parts of the country are causing massive displacement. We endorse the appeal of the United Nations to help stem the catastrophic situation for tens of thousands of people, from both eastern Ghouta and Afrin. We look forward to the next round of talks, to be held in mid-May in our capital, Astana, where the stepping up of efforts to ensure observance of the relevant agreements will be addressed. We also believe that the dialogue between Under- Secretary-General Mark Lowcock and the Government of Syria should be ongoing. We reiterate that all obligations under international humanitarian law must be respected by all parties. A further United Nations needs-assessment mission to these troubled areas, similar to that which Under-Secretary-General Lowcock led recently, may be required very soon. The Syrian authorities must cooperate fully with the United Nations and relevant humanitarian organizations in S/PV.8217 The situation in the Middle East 27/03/2018 12/21 18-08569 facilitating the unhindered provision of humanitarian assistance and thereby mitigating the suffering. Lastly, we are of the view that the crisis in Syria can be resolved only through an inclusive and Syrian-led political process, based on the Geneva communiqué of 30 June 2012 (S/2012/522, annex), subsequent Security Council resolutions and relevant statements of the International Syria Support Group. Mr. Meza-Cuadra (Peru) (spoke in Spanish): We appreciate the convening of this meeting and the briefing by Mr. Mark Lowcock, Under-Secretary- General for Humanitarian Affairs, on the humanitarian situation in Syria. We also welcome your presence here today, Sir, in presiding over our meeting. Peru deeply regrets that violence and human suffering continue to characterize the situation in Syria, 30 days after the humanitarian ceasefire demanded by the Council. Resolution 2401 (2018) remains in full force, and we consider that the Syrian Government and other actors with the capacity to influence developments on the ground are obliged to ensure its full implementation. The ceasefire should be immediate and enable unrestricted access to humanitarian assistance throughout Syrian territory. While there has been some limited progress in that regard, the delivery of humanitarian assistance must be continuous and unrestricted. In view of the Council's responsibilities in line with international law and international humanitarian law, Peru will continue to advocate for the protection of civilians in all conflicts and humanitarian crises. An indeterminate number of Syrian citizens, including thousands of women and children, have been driven out of eastern Ghouta by the violence. We note with concern that the shelters in the vicinity of Damascus cannot cope and that they lack food, clean water and medical supplies. We must remember that international humanitarian law has mandatory provisions for the evacuation of civilians. It is also compulsory to take measures to safeguard private property from looting and destruction. Syrian citizens must be able to return to their homes and businesses when security conditions improve. We must also protect the majority of the remaining population in eastern Ghouta, who are particularly vulnerable to reprisals, forced recruitment and sexual violence. We are also concerned about the humanitarian situation in Afrin, Idlib and Raqqa, among other areas of Syria. The responsibility to protect civilians cannot be conditional or subordinated to political or strategic interests. We highlight the efforts of the United Nations and other humanitarian agencies, such as the Red Cross and the Red Crescent, to assist people in such a difficult situation. They have our full support. Given the intensification of violence in recent weeks and its devastating consequences for the population, we must once again reiterate how urgent it is to make progress towards achieving a political settlement on the basis of resolution 2254 (2015) and the Geneva communiqué (S/2012/522, annex). In that regard, we hope that progress will soon be made in the establishment and composition of the constitutional committee agreed on in Sochi. All the Syrian parties, and especially the Government, must engage constructively in this. Mr. Alemu (Ethiopia): We thank Under-Secretary- General Lowcock for his comprehensive briefing. We want to express our appreciation to the United Nations and humanitarian partners for their continued selfless and courageous service in providing assistance to all Syrians in difficult circumstances. We remain concerned about the humanitarian crisis in all the areas of Syria where it is prevalent. As the Under-Secretary-General said, the Syrian war has entered its eighth year, bringing unspeakable suffering to the people of the country. The escalation of violence that we witnessed last month in eastern Ghouta and other parts of the country has been a source of extremely grave concern. According to the statement issued on 21 March by the Office for the Coordination of Humanitarian Affairs, shelter, protection, water and sanitation remain the key priority humanitarian needs of the internally displaced. In that regard, we thank the United Nations and its humanitarian partners for providing much-needed assistance. Alleviating the suffering of Syrians requires urgent and coordinated action on the part of all actors, while respecting the relevant resolutions of the Council, particularly resolution 2401 (2018). It was encouraging that the Council unanimously adopted resolution 2401 (2018), demanding a cessation of hostilities throughout Syria for at least 30 days so as to ensure the safe, unimpeded and sustained delivery of humanitarian aid and medical evacuations. In that regard, while much remains to be done to fully implement the resolution, compared to the previous month there has been positive 27/03/2018 The situation in the Middle East S/PV.8217 18-08569 13/21 action, including aid delivery to some of the areas that are especially badly affected and difficult to reach. The conflict has also diminished in intensity in some areas, according to the report of the Secretary-General (S/2018/243). However, this does not mean that the action taken has been sufficient. We therefore stress that it is vital to redouble our efforts to do everything possible to fully and comprehensively implement the resolution with a sense of urgency and enhanced political will. We believe that what the people of Syria need is a cessation of hostilities, along with protection and access to basic goods and services. All of those demands are contained and affirmed in resolution 2401 (2018). All Syrian parties should therefore respect and fully implement resolution 2401 (2018), and all States that have influence over the parties should try to bring the maximum pressure to bear on them, with the ultimate objective of helping to fully operationalize the resolution, which was adopted unanimously by the Council. In that regard, we hope that the Astana guarantors, Russia, Turkey and Iran, will play their role in implementing resolution 2401 (2018), strengthening the ceasefire arrangements and improving humanitarian conditions, as stated in their final statement of 16 March. In addition, while we acknowledge that the United Nations and its humanitarian partners have been able to reach millions of Syrians using all modes of aid delivery, the fact remains that humanitarian access, particularly inter-agency convoys, remains a critical challenge. In that connection, it is absolutely vital to ensure safe, sustained and need-based humanitarian access so that life-saving aid can reach all Syrians in need. Let me conclude by reaffirming that only a comprehensive political dialogue, under the auspices of the United Nations, can ultimately end the humanitarian tragedy in Syria. We reiterate our position that the only solution to the Syrian crisis is a political solution based on resolution 2254 (2015). We support the continued efforts of the Special Envoy and encourage all Syrian parties to engage with him constructively and meaningfully in order to revitalize the Geneva intra-Syrian talks and support the establishment of a constitutional committee, in line with the outcome of the Sochi congress. We fully concur with the Secretary- General, who states, in his report of 20 March, "Political efforts to bring the war to an end must be accorded priority and redoubled by all parties to the conflict." (S/2018/243, para. 48) While the primary responsibility for resolving the conflict lies with the Syrians themselves — a principle that is firmly embedded in resolution 2254 (2015) — the Council also has an important role to play in supporting the efforts in a spirit of unity, which we believe can have a positive impact on the ground in alleviating the suffering of all Syrians. That may be a tall order, in the light of the fragmentation that Ambassador Delattre mentioned earlier. However, the effort must be made. Mr. Inchauste Jordán (Plurinational State of Bolivia) (spoke in Spanish): We welcome your presence, Sir, and the fact that you are presiding over the work of the Security Council today. We would also like to thank Mr. Mark Lowcock, Under-Secretary-General for Humanitarian Affairs, for his briefing. We support him in the difficult work with which he is entrusted. We must once again express our regret that this conflict has continued for eight years and that we are still witnessing the ongoing sieges and violence being endured by the Syrian people, particularly women and children. In addition to living with the psychological consequences of the situation, they urgently need humanitarian assistance. We unequivocally condemn the ongoing bombardment of civilian infrastructure such as hospitals and schools, and the military activities in residential areas in the cities of Damascus, Afrin and Idlib, as well as in eastern Ghouta. They have only led to more civilians being killed, wounded and displaced. According to the most recent report of the Secretary General (S/2018/243), between December and February alone, there were 385,000 internally displaced persons and 2.3 million people living in besieged and hard-to-reach areas. We regret that so far there are still obstacles preventing the full implementation of resolution 2401 (2018). We call on all parties involved to make every effort to ensure the effective implementation of the resolution throughout Syria in order to facilitate the safe, sustained and unhindered delivery of humanitarian aid and services, as well as to enable the medical evacuation of those who are seriously ill or injured. In addition, according to the same report, since October 2017, 86,000 civilians have returned to the city of Raqqa, of whom 20,000 arrived in February alone. Regrettably, 130 civilians have died and 658 have been seriously injured by explosive remnants of war and anti-personnel mines. In that regard, we would like to highlight the visit by the United Nations mission to Raqqa last week. We reiterate that the work of clearing S/PV.8217 The situation in the Middle East 27/03/2018 14/21 18-08569 anti-personnel mines and explosive remnants of war is crucial to facilitating the safe return of the displaced. While it does not reflect what has gone on throughout Syrian territory, it is important to highlight the recent delivery of humanitarian aid through convoys, of which the first, on 5 March, was to Douma in eastern Ghouta, bringing food for more than 27,000 people. We also believe that cross-border assistance is an important part of the response to the situation, and we highlight the food assistance to 2 million people and the dispatch by the United Nations to areas of northern and southern Syria of 449 trucks carrying aid for 1 million people. We welcome the efforts of the Office for the Coordination of Humanitarian Affairs, all the humanitarian agencies concerned and the Russian Federation that have enabled humanitarian assistance to be delivered to various populations, in particular in eastern Ghouta, which three convoys recently entered. We call for that assistance to continue as safely as possible. In that regard, we believe it is important to strengthen the dialogue and coordination among the humanitarian agencies, the United Nations and the Syrian Government in order to facilitate the entry of convoys and humanitarian aid workers, as well as the safe and dignified return of refugees and internally displaced persons. We emphasize the dangerous work of the personnel of the various agencies and humanitarian assistance bodies, whose staff risk their own lives in carrying out their dangerous work on the ground. We therefore reiterate the importance of full respect for international humanitarian law and international human rights law. We want to take this opportunity to reiterate how important it is to build on the political momentum following the commitments made at the Syrian National Dialogue Congress in Sochi. That should be the channel for reinforcing the Geneva process, led by the United Nations in the context of resolution 2254 (2016). We hope for the speedy implementation of the Sochi outcome and, as a result, the establishment of a constitutional committee that can facilitate a viable political transition. In that regard, we support the results of the latest Astana meeting, which enabled the agreements establishing de-escalation zones to be strengthened. We hope they will be reflected on the ground so as to reduce the violence and meet the urgent humanitarian needs. We condemn any attempt to foment fragmentation or sectarianism in Syria and believe that it is the Syrian people who must freely decide their future and their political leadership in the context of their sovereignty and territorial integrity. Finally, we reiterate that the only way to resolve the conflict is through an inclusive, negotiated and agreed political process, led by and for the Syrian people, and aimed at achieving sustainable peace on their territory without foreign pressure of any kind. Mr. Nebenzia (Russian Federation) (spoke in Russian): We would like to welcome you as you preside over the Council today, Sir. We also welcome Ms. Karen Pierce, Permanent Representative of the United Kingdom, who is now here with us. We thank Mr. Lowcock for his briefing. The difficult humanitarian situation continues in a number of areas in Syria. The Russian Federation has been taking active steps to normalize things, including within the framework of the implementation of resolution 2401 (2018). While some here may not like it, it is a fact that we are the only ones who have been making concrete efforts to implement resolution 2401 (2018). Since we first established humanitarian pauses, with the assistance of the Russian Centre for Reconciliation of Opposing Sides in the Syrian Arab Republic, and the participation and oversight of the United Nations and the Syrian Arab Red Crescent, nearly 121,000 people have been evacuated, on a strictly voluntarily basis — let me stress that — from eastern Ghouta. Many of them have talked about how difficult it has been for them to live under the repressive regime established by the armed group militants. Civilians continue to flee eastern Ghouta through the Muhayam-Al-Wafedin humanitarian corridor. There is real-time video of this running on the Russian Defence Ministry's official website. In just the past few days more than 520 civilians have left Douma. Russian agencies have organized the distribution to them of hot food, food kits and individual food rations, as well as bottled drinking water. Yesterday alone, Russian military doctors treated 111 civilians, including 42 children. At the same time, the Russian Centre for Reconciliation continues to organize the return of residents of Saqba and Kafr Batna. On 24 March, as a result of an agreement reached by the Centre with leaders of illegal armed groups, another checkpoint was opened for fighters and their family members to leave from Harasta, Arbin, Zamalka, Ain Terma and Jobar. In the past few days, militias from the Ahrar Al-Sham 27/03/2018 The situation in the Middle East S/PV.8217 18-08569 15/21 and Faylak Al-Rahman groups and their relatives have been evacuated along the corridor and bused to Idlib governorate. In three days, more than 13,000 people were evacuated from Arbin alone. However, many have decided to remain, taking advantage of the presidential amnesty. Incidentally, there have been active efforts to plant stories about detentions and torture and possibly even executions. They are lies. The Syrian police are ensuring that these operations are safe, under the oversight of specialists from the Russian Centre for Reconciliation and representatives of the Syrian Arab Red Crescent. Yesterday 26 Syrian soldiers and civilians who had been taken prisoner by Faylak Al-Rahman were freed. In our view, those facts clearly attest to the difficulty and extent of the work being done by the Russian specialists on the ground, in communication with the Syrian authorities and the leaders of the armed groups. There are some members of the Security Council who prefer wasting their time on inflammatory speeches and letters making groundless claims about our country, probably to conceal their own unwillingness to do anything constructive to implement resolution 2401 (2018) in cooperation with the groups they sponsor. At the same time, yesterday the fighters from Jaysh Al-Islam who remain in Douma detonated four mines yesterday in several districts in Damascus. Six civilians died and another six were wounded. Al-Mazraa, a residential neighbourhood in the capital was shelled earlier. As a result of mine explosions around the Al-Fayhaa sports complex, a 12-year-old boy died and seven children were injured. Hundreds of people have died from mine explosions in Damascus overall. This is apparently the message that the militants are sending every day about the willingness to implement the ceasefire that they loudly proclaimed in their famous letter to the Secretary-General. I want to again point out the importance of clarifying the data used in the Secretary-General's report (S/2018/138), including on possible attacks on civilian infrastructure and the victims of such attacks. Where does that information come from? The February report has a footnote that mentions various United Nations agencies and departments of the Secretariat. The main source cited is the Office of the United Nations High Commissioner for Human Rights, which does not have a staff presence on the ground. The big question, and what we are trying to get to the bottom of, is who is providing the United Nations staff with this kind of information? Is it the anti-Government groups and terrorist accomplices like the White Helmets? But they are interested parties. So why is there only a sprinkling of the information provided by the Syrian authorities? We call on the United Nations, humanitarian organizations and States to deliver urgent assistance to help the people who are evacuating eastern Ghouta. It is also essential to strengthen the United Nations presence around the humanitarian corridors. The Syrians need immediate assistance with the infrastructure reconstruction that the Syrian Government has begun in the liberated residential areas of eastern Ghouta. We would like to ask Mr. Lowcock to oversee that issue personally. We also hope that as soon as possible the coalition will create the conditions and provide the necessary security guarantees enabling a United Nations assessment mission to be sent to Raqqa and humanitarian convoys to the Rukban camp. The Syrian authorities gave their official consent to this some time ago, as Mark Lowcock confirmed today. We should note that we were shocked by the recent reports that more than 2,000 civilians may have died during the coalition forces' assault on Raqqa. Let me ask it once again — where were the weeping and wailing and calls for humanitarian aid then? We have noted the statistics in the Secretary-General's report on the numbers of people who have returned to Raqqa, but we would like to see similar information on other parts of Syria and the country as a whole. How many people are returning to their permanent homes? We would like to propose to the United Nations representatives that they designate the areas where those indicators are the highest as a priority for the delivery of humanitarian assistance and monitor how effectively it is being implemented. We also think it would be appropriate to include information on reconstruction assistance in the reports. Resolution 2401 (2018) stipulates that Syrian districts, including those that have been liberated from terrorists, need support in restoring normal functioning and stability. One of the key areas in that regard is mine clearance. We get the feeling that external donors are losing interest in delivering assistance to residents in areas under Syrian Government control. We are seeing signals from some capitals that only opposition-held enclaves should be helped. Such double standards go completely against the core principles of neutrality and impartial humanitarian assistance. We hope that we are wrong about this and that Mr. Lowcock will refute the S/PV.8217 The situation in the Middle East 27/03/2018 16/21 18-08569 possibility of such a trend. But if our suspicions are borne out, how does the United Nations intend to deal with the issue? Just the other day a meeting of senior officials was held in Oslo under the auspices of the United Nations and the European Union to address the humanitarian situation in Syria. No representatives of the Syrian authorities were invited. How does Mr. Lowcock view the prospect of another assessment of the humanitarian situation in Syria without the participation of its official representatives? Does he consider that a productive format? That is a very urgent question considering that the forthcoming second donor conference is scheduled for the end of April in Brussels. I would also like to ask Mr. Lowcock what is known at the United Nations about the facts of sexual services being provided in exchange for humanitarian assistance in the context of cross-border operations. There is information about that in the November report of the United Nations Population Fund, and the BBC did a journalistic investigation of the issue. If this issue is known about, why is it avoided in the Secretary- General's reports? And if it is not known about, it should be investigated. We hope that in close cooperation with the Syrian authorities and consideration of their views, the United Nations will agree on an emergency humanitarian response plan for this year as soon as possible, with an emphasis on the delivery of assistance to liberated areas. Ms. Wronecka (Poland): I would like to welcome you here today, Sir, and to commend the presidency's leadership. I would also like to thank Under-Secretary- General Mark Lowcock for his comprehensive but once again alarming update. Like many around this table, we share a sense of urgency on this issue, especially following the adoption of resolution 2401 (2018), which we adopted unanimously a month ago. Unfortunately, we have to recognize that it has not been implemented in the first 30 days since its adoption. We are meeting again when there has been no substantial change on the ground and the fighting is far from over. The military offensive in Syria continues and the human suffering is growing as a result. Any action, even against terrorists, cannot justify attacks on innocent civilians and civilian infrastructure, including health facilities. That must stop, and the parties to the conflict must strictly comply with their obligations under international humanitarian law. Accountability for serious violations is a requirement under international law and central to achieving sustainable peace in Syria. As indicated in the last report of the United Nations-mandated Commission of Inquiry, there is a need for the international community to take a broader view of accountability and to take urgent steps to ensure that the needs of Syrian conflict victims for justice and accountability are met both immediately and in the long term. We call upon all parties to alleviate the suffering of the civilians, including children, by granting them free and safe access to humanitarian assistance, including voluntary medical evacuation, which should be strictly overseen by the United Nations and the implementing partners in order to ensure the voluntary character of the process. While discussing evacuations, let me underline that people must have the right to return and to a safe location for settlement. Any evacuation negotiations should also include civilians. Humanitarian aid convoys to eastern Ghouta must continue for those who choose to stay. We would like to stress that all actors should use their full influence to immediately improve conditions on the ground. We urgently call for the cessation of hostilities in the whole of Syria. Attacks against civilians, civilian property and medical facilities must stop in order to alleviate the humanitarian suffering of the Syrian people. Some small positive steps have taken place, such as a larger number of humanitarian convoys reaching the besieged areas in March, especially when compared to previous months, when humanitarian access was almost completely blocked. That improvement shows that it is possible to make progress, although much more is needed. In that context, we call on Russia, Iran and Turkey — as the European Union did, and as the High Representatives did through their respective ministers after the Foreign Affairs Council of the European Union in February — to fulfil their obligations and responsibilities as Astana guarantors. It is also important to note that the cessation of hostilities may also provide a chance for the peace talks under the auspices of the United Nations in Geneva to gain momentum so that a political solution may finally be reached. Once again, let me underline that we should seek to reach an intra-Syrian framework political agreement, in line with Council resolution 2254 (2015). In that connection, we strongly believe that the conclusions of the Congress of Syrian 27/03/2018 The situation in the Middle East S/PV.8217 18-08569 17/21 National Dialogue in Sochi could and should be used to advance the Geneva process, especially with regard to the creation of a constitutional committee by United Nations Special Envoy Staffan de Mistura. In conclusion, let me stress the necessity of maintaining the unity of the Council on the question of the full implementation of the humanitarian resolution across Syria. The civilian population of Syria has already suffered too much. The adoption of the resolution was just the beginning of the process. We call on all with influence on the ground to take the necessary steps to ensure that the fighting stops, the Syrian people are protected and, finally, our joint humanitarian access and necessary medical evacuations continue. Mr. Ndong Mba (Equatorial Guinea) (spoke in Spanish): We welcome Mr. Stef Blok, Minister for Foreign Affairs of the Netherlands, to New York. We take this opportunity to congratulate him for the commendable presidency of the Netherlands during the month of March. The Republic of Equatorial Guinea is grateful for the holding of this informative meeting, which enables us to once again assess humanitarian resolution 2401 (2018), which we approved one month ago. We thank Under-Secretary-General for Humanitarian Affairs Mark Lowcock, who, as he always does, has just given us a very informative and detailed briefing on the developments on the ground in Syria. The 30-day ceasefire throughout Syria, established under resolution 2401 (2018) in order to carry out humanitarian operations, has expired. Despite the diplomatic efforts of the United Nations team in Syria, violence has increased in eastern Ghouta, in Damascus, in Idlib and in Afrin, where there is an ongoing Turkish military offensive. Daily air strikes and bombardments have increased, including in residential areas, among Government forces, opposition forces and non-State armed groups, making it difficult to ensure the protection of all civilians and the immediate, secure and sustained provision of humanitarian aid. That excessive resurgence of violence, orchestrated by the various parties, only serves to exacerbate and aggravate the already grim humanitarian situation in those conflict zones. As we have reiterated, the solution to the humanitarian crisis in Syria is tightly linked with a ceasefire. The prolongation of the conflict can only further aggravate the tragic humanitarian situation, which in turn creates greater instability and negatively affects neighbouring countries that take in the millions of refugees fleeing the war. As the Secretary-General underlines in his 20 March report: "Our common objective" — and one of high priority — "should be to alleviate and end the suffering of the Syrian people. What the Syrian people need immediately has been made abundantly clear and affirmed in resolution 2401 (2018). Civilians need a cessation of hostilities, protection, access to basic goods and services" — and access to humanitarian and sanitary assistance — "and an end to sieges." (S/2018/243, para. 48) All parties involved in the Syrian crisis must accept that none of them can achieve a military victory. Government forces, opposition forces and armed groups must accept that no matter how much death and destruction they cause in their country, there will be no victor but rather one single loser — the Syrian people. Similarly, national parties and international partners that have significant political and geostrategic interests and that have the capacity to exercise their influence on their respective allies must redouble their efforts and political commitments in order to bring sustainable peace and stability to the country. Any party that insists on political red lines that block the necessary commitments must also consider the setback caused by the loss of innocent human lives. It is evident that the Council has not entirely reached its goal by unanimously adopting resolution 2401 (2018). The Republic of Equatorial Guinea will support any humanitarian initiative that seeks to definitively put an end to the suffering of the Syrian people. In conclusion, I renew the tribute of the Republic of Equatorial Guinea to Mr. Lowcock and to the entire humanitarian team of the United Nations for their noble and tireless work in Syria to provide relief to the Syrian people living through a humanitarian catastrophe. Mr. Dah (Côte d'Ivoire) (spoke in French): Like others, my delegation would like to welcome Mr. Stef Blok to New York and to congratulate him on the holding of the current meeting in the Security Council. My delegation also wishes to thank Mr. Mark Lowcock, Under-Secretary-General for Humanitarian Affairs, for his informative briefing on the humanitarian situation in Syria. S/PV.8217 The situation in the Middle East 27/03/2018 18/21 18-08569 As we are all aware, the war in Syria has unleashed one of the most serious humanitarian crises in recent history and continues to have a devastating impact on the Syrian people. My country remains particularly concerned about the attacks and bombings, including those against hospitals and civilian infrastructure, that continue to punctuate the daily lives of people subjected to forced displacement in the areas of Afrin, Idlib and eastern Ghouta. Côte d'Ivoire condemns those actions and calls on the parties to take the steps necessary to protect people, civilian infrastructure and humanitarian personnel. More than a month after its unanimous adoption by members of the Security Council, resolution 2401 (2018), on which so much hope was pinned, has fallen woefully short of our expectations, much to our regret. The fact is that the demand for an immediate cessation of hostilities to allow safe and unhindered delivery of humanitarian aid and related services, as well as medical evacuation of the seriously ill and wounded, in accordance with relevant international humanitarian law, has still not been adhered to, despite our joint efforts. The ongoing fighting has forced hundreds of thousands of civilians to flee to camps and makeshift shelters where living conditions are extremely difficult. Côte d'Ivoire calls once again for the effective implementation of resolution 2401 (2018) with a view to resuming the delivery of humanitarian aid, including medical evacuations from besieged areas and camps for internally displaced persons, in order to ease the suffering of people in distress. We urge the Council to overcome its differences and to demonstrate unity in order to ensure the effective implementation of the resolution, which is more relevant than ever. My delegation reiterates its belief that the humanitarian situation will not improve unless significant progress is made at the political level, as the two issues are closely linked. We therefore encourage the parties to prioritize political dialogue and resume peace talks in the framework of the Geneva process, in accordance with the road map established by resolution 2254 (2015). Mr. Wu Haitao (China) (spoke in Chinese): I thank Under-Secretary-General Lowcock for his briefing. China commends the active efforts of the relevant United Nations agencies to alleviate the humanitarian situation in some areas of Syria. The conflict in Syria is in its eighth year and has caused terrible suffering for the people of Syria. The humanitarian situation in parts of the country has recently deteriorated. China calls on all parties in Syria to put its country's future and destiny, as well as its people's safety, security and well-being first, cease hostilities and violence without delay, resolve their differences through dialogue and consultation and ease the humanitarian situation in Syria as soon as possible. United Nations humanitarian convoys have now gained access to eastern Ghouta in order to deliver aid supplies to the people there. China welcomes Russia's establishment of temporary truces in eastern Ghouta, opening up a humanitarian corridor for Syrian civilians. As a result of the efforts of the parties concerned, some ceasefire agreements have been reached and a large number of civilians evacuated through the corridor. In the circumstances, it is important to continue to promote the implementation of resolution 2401 (2018) so as to alleviate the humanitarian situation in areas such as eastern Ghouta. China welcomes the meeting between Foreign Ministers held by Russia, Turkey and Iran in Astana, and commends Kazakhstan for hosting the meeting. We hope that the upcoming meeting of the Heads of State of the three countries and the next round of the Astana dialogue will contribute positively to restoring the ceasefire momentum in Syria and supporting the Geneva talks. The international community should continue to support the role of the United Nations as the main mediator, and back Special Envoy de Mistura's diplomatic efforts to relaunch the Syrian political process. Syria's sovereignty, independence, unity and territorial integrity must be respected, and all Syrian parties must be encouraged to reach a political solution to the Syrian issue, based on the principle of the Syrian-led and Syrian-owned peace process, and in accordance with resolution 2254 (2015), with a view to fundamentally easing the humanitarian situation in Syria and continuing to advance the counter-terrorism agenda, as mandated by the Council's resolutions. The Council should remain united on the Syrian issue and speak with one voice. China stands ready to work with the international community and to contribute actively and constructively to a political settlement of the Syrian issue. 27/03/2018 The situation in the Middle East S/PV.8217 18-08569 19/21 Mr. Orrenius Skau (Sweden): As the representative of Kuwait has already delivered a joint statement on our behalf, I will make my remarks very brief. One month ago, the Council adopted resolution 2401 (2018) by consensus, in response to the deafening calls for action to address the horrific humanitarian situation in Syria. Today we have heard around this table a continued commitment to moving forward with the implementation of that important resolution. I wanted to speak last in order to identify some points of convergence. From the discussion today, I believe that there are a number of critical areas where there is broad agreement within the Council. First, we all share a deep disappointment and sense of dissatisfaction and frustration with the lack of implementation. While a limited increase in access for humanitarian convoys shows that progress is possible, much more is needed. The resolution remains in force and all parties remain obliged to comply. Secondly, we have heard a common concern about the continuing hostilities throughout the country, particularly the ongoing military offensive in eastern Ghouta. Those who leave the area should do so voluntarily, with the right to return and a choice of safe places to go to. At the same time, humanitarian aid convoys must continue to support those who choose to remain. Thirdly, we agree that efforts to strengthen the protection of civilians must be stepped up by the United Nations and its partners, both inside eastern Ghouta and for those leaving and in the collective shelters. I want to emphasize that preventing sexual and gender-based violence should be an integral part of those efforts. We condemn the attacks in February that affected health facilities. Many colleagues also reiterated today that resolution 2401 (2018) applies across the whole of the country. I just wanted to mention our concern about the Turkish operation in Afrin and the statements that Turkey has made about expanding its military operations in the north, beyond Afrin. We are also concerned about the protection of civilians fleeing Afrin, as well as the difficult conditions for those remaining. We call on all relevant parties, especially Turkey, to ensure the protection of civilians and facilitate cross-border and cross-line humanitarian aid deliveries, as well as freedom of movement, for internally displaced persons. The need for the full implementation of resolution 2401 (2018) remains as urgent today as when it was adopted. As Ambassador Alotaibi has said, we will spare no effort in making progress on the implementation of resolution 2401 (2018). We will continue to work actively and tirelessly to that end, be creative in considering possible further steps, and remain ready to reconvene the Council at any time should the situation warrant its renewed action. We are convinced that the unity of the Council, as difficult as it may be, is the only way to effectively make a real difference on the ground and alleviate the suffering of the Syrian people. For our part, even when terribly frustrated, we will never give up trying to achieve that change. The President: I now give the floor to the representative of the Syrian Arab Republic. Mr. Ja'afari (Syrian Arab Republic) (spoke in Arabic): At the outset, I would like to convey the condolences of the Government and people of my country to my colleague on the Russian Federation delegation in the wake of the tragic incident that claimed children's lives in the commercial centre in Kemerovo. A few minutes ago, I was checking the list of the States members of the Security Council and I realized that two — only two — of its 15 members have embassies in Damascus. That is why the statements made by the representatives of those two countries offered the most accurate description of the humanitarian situation in my country. They were able to provide an objective and fair assessment of the situation there. In late 2016, right here in the Chamber (see S/PV.7834), we announced the good news to our people in Syria that the Syrian Government would liberate eastern Aleppo from armed terrorist groups, and as a Government, an army and a responsible State we have done just that. Today we announce to our people the good news that the time has come to liberate all of eastern Ghouta from these armed terrorist groups. We declare that we will liberate the Golan, Afrin, Raqqa, Idlib and the rest of our occupied territory because, as a State, we reject the presence on our territory of any illegal armed group or occupying Power, regardless of the excuses, just like all other States represented in the Council. Such victories would not have been possible if we had no just cause. They would not have been possible without the sacrifices made by the Syrian Arab Army, the support of our people and the support of our allies and friends. S/PV.8217 The situation in the Middle East 27/03/2018 20/21 18-08569 Facts that have come to light recently with the liberation of eastern Ghouta from armed terrorist groups again prove what we have always told the Council since the first day of the global terrorist war waged by Saudi Arabia, Qatar, Israel, Turkey, the United States, the United Kingdom and France against my country. We said that the suffering of Syrians is the result of the practices of armed terrorist groups against civilians. The testimonies of the tens of thousands of our people leaving eastern Ghouta underscore that those groups have continued to deprive them of their freedom, destroy their livelihoods, disperse their families and prevent them from leaving to areas under State control in order to continue using them as human shields. They have seized control of humanitarian assistance in order to distribute it to their supporters or sell it to civilians at exorbitant prices. They have also targeted the safe corridors allocated by the Government with explosive bullets and mortar shelling, which has led to the death of dozens of people, including some Palestinian brethren. We have borne witness to a state of hysteria in recent days and weeks in the Council as the Syrian Government has sought to exercise its sovereign right, combat terrorist groups and eliminate terrorists in Syria in order to restore security and stability to all Syrians and implement Council resolutions against terrorism. That state of hysteria proves that the States supporting those terrorist groups have never sought to end the suffering of Syrians. They have sought only to perpetuate and prolong their suffering in order to blackmail the Syrian Government, at the political and humanitarian levels, and save terrorists from their certain deaths. I would like to assure the supporters of terrorism, some of whom are present in this Chamber, that the plan that they have promoted for the past seven years has failed. Their plan was to deny that the Islamist takfiri groups were terrorists and instead present them as moderate Syrian opposition. That plan has failed. Eastern Ghouta has not fallen, as my colleague the representative of the United States stated. It was liberated in the same way we liberated eastern Aleppo. It is terrorism that has fallen in eastern Ghouta, not civilians. As the representative of the United States said, today should be a day of shame for the supporters and sponsors of terrorism and terrorist groups. They have supported those terrorist groups for years in order to topple the Syrian Government by force in favour of Islamist takfiri groups. Such actions have led to considerable suffering among the Syrian people, and I have proof of it. Two days ago, at the Senate Armed Forces Committee, led by Senator Lindsey Graham, the Chief of Central Command, General Joseph Votel, stated that "the change of the Government in Syria by force in favour a number of Islamist opposition groups has failed". The Security Council has to date held 49 formal meetings to discuss the so-called humanitarian situation in Syria and a number of informal emergency and Arria Formula meetings. The Council has read reports and heard briefings that were replete with falsehoods that senior officials of the United Nations sought to present in order to serve the policies of some influential Western countries that are members of the Council and to pressure the Syrian Government. Such reports and briefings were completely devoid of professionalism and objectivity. They have failed to take note of the attacks on the sovereignty, unity and territorial integrity of the Syrian Arab Republic, including the attacks by the international coalition, led by the United States, and those by the Turkish regime and the Israeli occupying force. Those same parties have also sought to provide all kinds of support to terrorist groups associated with Da'esh, the Al-Nusra Front and other militias fabricated in those countries. After 49 reports and hundreds of meetings, briefings and thousands of working hours, some countries continue to refuse to recognize that the humanitarian crisis in Syria is the result of an external investment in terrorism and unilateral coercive measures. Forty-nine reports have been issued, and I say today that my words are falling on deaf ears. People from the Netherlands say that beautiful flowers have thorns. The Netherlands is famous for its flowers. Perhaps that saying reflects the situation on the ground. Mr. Lowcock stated that the Kashkul was targeted by a missile but he did not specify its origin. He said there are eight shelters for those leaving eastern Ghouta. He did not mention the efforts of the Syrian Government to host the 150,000 civilians leaving eastern Ghouta. He does not know who manages those shelters. Perhaps aliens are taking care of the 150,000 civilians. Mr. Lowcock stated that the United Nations, its partners and the Syrian Red Crescent are helping people from Ghouta. He did not mention the Government at all. If the Government has no role to play, why ask it to help the Council? Why does the Council request its approval for the entry of humanitarian convoys? Mr. Lowcock stated that 153,000 people left Afrin and went to Tell 27/03/2018 The situation in the Middle East S/PV.8217 18-08569 21/21 Rifaat because of military operations. Who forced 153,000 people to leave Afrin? Was it not Turkey that forced them to leave? Was it not the Turkish aggression against Afrin that forced these people to leave? Mr. Lowcock mentioned the Syrian Government only once, saying that it approved the delivery of humanitarian assistance to the Rukban camp. He did not say that the United States was behind the obstacles preventing the deployment of the humanitarian convoy in question. The United States occupies the Rukban camp and the Tanf area. I will not go into detail now for the sake of time. I will not even go into the details of the forty-ninth report of the Secretary-General (S/2018/243). I will give only one example to prove that the report lacks objectivity and impartiality. The report devotes nine paragraphs to the suffering of civilians in eastern Ghouta and the damage to the infrastructure there as a result of Government military operations, as the report claims — nine paragraphs. As for the situation of the 8 million civilians in Damascus, the targeting by terrorist groups of the capital with more than 2,500 missiles, the killing and injury of thousands, and the destruction of homes, hospitals and clinics, the report dedicates only one sentence to Damascus. The report says, "Attacks on residential neighbourhoods of Damascus also continued from eastern Ghouta, resulting in deaths, injuries and damage to civilian infrastructure." (S/2018/243, para. 8) We hope that the United Nations will not adopt in eastern Ghouta the same approach that it has taken in previous situations by not providing support to the areas liberated or achieving reconciliation. We hope that the United Nations will adopt a new approach in line with the Charter and international law, based on full coordination and cooperation with the Government of the Syrian Arab Republic, which is the only party concerned with the protection and support of Syrians. We hope that the United Nations will not succumb to the dictates of certain influential Western countries in the Council that run counter to humanitarian action, the Charter and international law. During the past week alone, the Syrian Ministry of Commerce has distributed 4,000 tons of food to civilians leaving eastern Ghouta. I am not sure about the sources mentioned by the representative of France, because France does not have an embassy in Damascus. So its sources of information cannot be credible. In conclusion, the States sponsoring terrorism have instructed armed terrorist groups to use chemical weapons once again in Syria. I ask the Council to pay attention to this information. They asked them to fabricate evidence, as they have in the past, in order to accuse the Syrian Government. We sent this information to the President of the Security Council yesterday. According to that information, this theatrical act will be produced by the intelligence agencies of these countries, and the starring roles will be the White Helmets. The production will be directed by foreign media. This theatrical act will take place this time in the areas close to the separation line in the Syrian occupied Golan. Terrorist groups will use poison gas against civilians in Al-Harra. Afterwards, the injured will be moved to the hospitals of the Israeli enemy for treatment there. Council members can already imagine the testimony that will be offered by doctors of the Israeli occupation forces. The information we submitted also refers to another theatrical act in the villages of Habit and Qalb Lawza in the suburbs of Idlib, where a number of satellite transmitters and foreign experts have been spotted. This time, the cast will include women and children from an internally displaced persons camp on the Syrian-Turkish border. Once again, I provide the Council with this serious information. The President: There are no more names inscribed on the list of speakers. I now invite Council members to informal consultations to continue our discussion on the subject. The meeting rose at 1.15 p.m.
The Situation In The Middle East Report Of The Secretary-General On The Implementation Of Security Council Resolutions 2139 (2014), 2165 (2014), 2191 (2014), 2258 (2015), 2332 (2016) And 2393 (2017) ; United Nations S/PV.8201 Security Council Seventy-third year 8201st meeting Monday, 12 March 2018, 11 a.m. New York Provisional President: Mr. Van Oosterom. . (Netherlands) Members: Bolivia (Plurinational State of). . Mr. Llorentty Solíz China. . Mr. Ma Zhaoxu Côte d'Ivoire. . Mr. Tanoh-Boutchoue Equatorial Guinea. . Mr. Ndong Mba Ethiopia. . Mr. Alemu France. . Mr. Delattre Kazakhstan. . Mr. Umarov Kuwait. . Mr. Alotaibi Peru. . Mr. Meza-Cuadra Poland. . Ms. Wronecka Russian Federation. . Mr. Nebenzia Sweden . Mr. Skoog United Kingdom of Great Britain and Northern Ireland . Mr. Allen United States of America. . Mrs. Haley Agenda The situation in the Middle East This record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506 (verbatimrecords@un.org). Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org). 18-06756 (E) *1806756* S/PV.8201 The situation in the Middle East 12/03/2018 2/23 18-06756 The meeting was called to order at 11.15 a.m. Adoption of the agenda The agenda was adopted. The situation in the Middle East The President: In accordance with rule 37 of the Council's provisional rules of procedure, I invite the representative of the Syrian Arab Republic to participate in this meeting. The Security Council will now begin its consideration of the item on its agenda. I would like to warmly welcome the Secretary- General, His Excellency Mr. António Guterres, and to give him the floor. The Secretary-General: I am here to report on the implementation of resolution 2401 (2018), which the Council adopted unanimously on 24 February. But I am keenly aware that I am doing so just as the bloodletting in Syria enters its eighth year. I would like to highlight just one stark fact on this grimmest of anniversaries, which is that in 2017, more children were killed in Syria than in any other year since the war began. I am deeply saddened by the immense loss and cascading suffering of the Syrian people. And I am deeply disappointed by all those who, year after year, by action or inaction, design or indifference, have allowed this to happen. My grief and frustration are compounded by all that I know of the people of Syria. As United Nations High Commissioner for Refugees in the aftermath of the Iraq war, I saw the remarkable hospitality of the Syrian people in hosting 1.5 million Iraqi refugees — not in camps, but in their communities across the country. Syria was a place where refugees could live in security as they tried to rebuild their lives and raise their families. Today, so many of those generous Syrians who shared so much have themselves been forced from their homes, becoming refugees or internally displaced. In neighbouring countries — whose enormous hospitality I have also witnessed, but who are burdened by overwhelming needs — the vast majority of Syrian refugees live below the poverty line. Many of the Syrians who journeyed even farther from home in search of safety have found the doors that they once opened to others in need shut in their faces. A country known for its ancient civilization and a people known for their rich diversity have been betrayed, and Syria is bleeding inside and out. There should be one agenda only for all of us — ending the suffering of the Syrian people and finding a political solution to the conflict. And the Council has a particular responsibility in that regard. Let me now turn to the implementation of resolution 2401 (2018) and the issue of the compliance of all the relevant parties in Syria. I do so with a caveat. The United Nations is following developments closely, but we do not have the full picture, owing to our limited presence and restricted access on the ground. Resolution 2401 (2018) demands that all parties "cease hostilities without delay, and engage immediately to ensure full and comprehensive implementation . for a durable humanitarian pause for at least 30 consecutive days throughout Syria", while still countering Da'esh and other groups designated as terrorists by the Council. It is true that in some areas, such as Deir ez-Zor and Douma, where there has been a recent ceasefire that I will address later, the conflict is diminishing in intensity. Yet there has been no cessation of hostilities. Violence continues in eastern Ghouta and beyond, including in Afrin, parts of Idlib and into Damascus and its suburbs. In eastern Ghouta in particular, the air strikes, shelling and ground offensives have intensified since the resolution's adoption and have claimed hundreds of civilian lives. Some reports even put the toll at more than 1,000. The resolution further demands the enabling of "the safe, unimpeded and sustained delivery of humanitarian aid and services". Despite some limited convoy deliveries, the provision of humanitarian aid and services has been neither safe, unimpeded or sustained. The resolution calls on "all parties to immediately lift the sieges of populated areas, including in eastern Ghouta, Yarmouk, Fo'ah and Kafraya". No sieges have been lifted. The resolution demands medical evacuations of the critically sick and wounded. To our knowledge, not one critically sick or wounded person has so far been evacuated. But I will come back to that later in relation to a recent announcement. The resolution reiterates its demand "reminding in particular the Syrian authorities, that all parties immediately comply with their obligations under international law, including international human rights law, as applicable, and international humanitarian law, including the protection of civilians". And I remind all involved that even efforts to combat groups identified as terrorists by the Council do not supersede those obligations. Yet we 12/03/2018 The situation in the Middle East S/PV.8201 18-06756 3/23 see egregious violations, indiscriminate attacks and a failure to protect civilians and civilian infrastructure. Since the adoption of resolution 2401 (2018), my Special Envoy Staffan de Mistura and I have been focused on helping to create the conditions for a cessation of hostilities in eastern Ghouta, where, as I said to the Council two weeks ago, people have been living in a hell on Earth (see S/PV.8185). As the Special Envoy told the Council a few days ago, eastern Ghouta is the most urgent situation, because it is where we have the clearest potential to try to support the de-escalation in concrete ways, and because we have been concretely approached. On 26 February, the Russian Federation announced a five-hour daily humanitarian pause in eastern Ghouta. I will speak to that later in my remarks. On 27 February, the President of the Security Council and I received a letter from the Syrian National Committee conveying another letter from the three armed opposition groups in eastern Ghouta — Jaysh Al-Islam, Faylaq Al-Rahman and Ahrar Al-Sham. They expressed their commitment "to the full implementation of the relevant Security Council resolutions, especially resolution 2401 (2018)", and to expelling from eastern Ghouta "the armed groups of Hayat Tahrir Al-Sham, the Al-Nusra Front and Al-Qaida and all of those belonging to them". They also promised to ensure humanitarian access and the facilitation of the work of United Nations agencies. On receiving the letter, the Office of the Special Envoy opened channels with all three groups, inside and outside the enclave. The respective commanders issued further letters, expressing the groups' readiness to negotiate with the Russian Federation in Geneva. In parallel, both I and my Special Envoy engaged with the relevant authorities of the Russian Federation. My team on the ground did likewise, and also engaged with the Government of Syria. We offered the good offices of the United Nations to facilitate and observe any meeting between the representatives of the armed opposition groups, the Syrian Government and the Russian Federation. Despite our best efforts over the course of a few days, it was not possible to schedule any meeting. Meanwhile, on 6 March, the Syrian Government addressed a letter to me and to the President of the Security Council. That letter stated that Syria positively welcomed resolution 2401 (2018), as it "stresses firm commitment to the Syrian State's sovereignty, independence and territorial integrity in accordance with the provisions of the United Nations Charter and calls for implementing a humanitarian truce across Syria to ensure a safe, sustainable and unhindered access of humanitarian aid." That same day, my Special Envoy informed the Russian Federation of his intention to invite the three armed opposition groups to a meeting with the Russian Federation in Geneva three days later. On 7 March, his interlocutors replied that they did not think a meeting in Geneva was the best option and were pursuing contacts on the ground with the relevant armed opposition groups. As those diplomatic efforts were taking place, fighting went on. The Syrian Government and its allies intensified air strikes and launched a ground offensive, progressively gaining control of parts of eastern Ghouta from about 10 per cent of the enclave on 3 March to more than 60 per cent today. The offensive initially took place in less populated areas, steadily moving to urban centres and forcing large-scale displacement. In the follow up to the efforts I have described, it was possible on 8 and 10 March to convene two meetings between Russian officials and Jaysh Al-Islam in the outskirts of eastern Ghouta, with the United Nations as an observer. In those meetings, progress was made in relation to the removal of a number of members of the Al-Nusra Front, as well as other aspects, including the potential for a ceasefire and improved humanitarian access. The first group of Al-Nusra Front fighters and their families were since evacuated from eastern Ghouta. Nevertheless, it has not been possible to facilitate contact between the Russian authorities and Faylak Al-Rahman. The group insisted that the meeting take place in Geneva. The Russian Federation insisted that the meeting take place on the ground. On 10 March, Government forces intensified their offensive, capturing the city of Misraba in a movement aiming at dividing the enclave into three separate areas. On the evening of that same day, the Russian Federation informed the United Nations that a unilateral ceasefire would take place at midnight, in relation to Jaysh Al-Islam in Douma. It was agreed that a meeting would be held on 11 March with the facilitation of the United Nations. On that day, with the ceasefire between the Government S/PV.8201 The situation in the Middle East 12/03/2018 4/23 18-06756 and Jaysh Al-Islam forces largely holding in Douma, the meeting took place, followed by a meeting today. As I speak to the Council now, I have not yet received a full report on the results of today's meeting. But I was informed by our people in Damascus as I was entering the Chamber that there has been progress with regard to civilian evacuations and humanitarian aid. Furthermore, I take note of a statement issued today by Jaysh Al-Islam: "[i] n the context of Security Council resolutions 2254 (2015) and 2401 (2018), an agreement was reached with the Russian side through the United Nations for a humanitarian medical evacuation of the wounded for treatment outside of eastern Ghouta." We are also hearing reports of tentative initiatives, both by tribal leaders and the Russian Federation, for contact with other groups on the ground. I wish to underscore the urgency of seeing medical evacuations, civilian protection and full, sustained and unimpeded humanitarian access as soon as possible. Meanwhile, attacks on other parts of eastern Ghouta continue, with the enclave now split into three separate pockets. During this whole period, the shelling from eastern Ghouta to Damascus was also ongoing, causing dozens of civilian deaths and injuries, with some reports putting the number close to 100. My Special Envoy and I have remained apprised at each step of the diplomatic engagement, offering support and guidance to ensure the implementation in letter and spirit of the resolution. In short, as my Special Envoy has said to the Council, we are leaving no stone unturned in trying to bring all major stakeholders to the table and contribute in a concrete fashion to find a sustainable solution for the implementation of resolution 2401 (2018). As the situation continues to unfold, the Turkish offensive in Afrin — pursued with armed opposition group allies — intensified with air strikes and ground advances against Partiya Yekitiya Demokrat/People's Protection Units fighters, reinforced, in turn, by elements coming from eastern Syria, where they were combating Da'esh. Pro-Syrian Government forces have also deployed inside of Afrin. The fighting resulted in significant civilian displacement, with reports of numerous casualties and damage to infrastructure. With the cooperation of Syrian armed opposition groups, Turkish forces established a so-called buffer zone inside Syrian territory, linking northern rural Aleppo and Idlib, and surrounding Afrin from three sides. The offensive is now pushing ever closer towards the city, with its large civilian population. Allow me to now turn to our efforts to address the humanitarian crisis. When resolution 2401 (2018) was adopted, the United Nations and its humanitarian partners stood ready to deliver. Plans were in place for multiple convoys each week to agreed-upon locations, in response to independently assessed needs. Unfortunately, the actual delivery did not match our plan. Let me describe what it was possible to do in the past two weeks. On 1 March, humanitarian organizations delivered assistance to some 50,000 people in the hard-to-reach areas of Afrin and Tell Rifaat, north of Aleppo. On 4 March, a convoy of 19 trucks organized by the United Nations, the Syrian Arab Red Crescent and partners reached Dar Kabira, in northern Homs. It provided assistance to 33,500 people of the requested 40,250. However, the Government of Syria did not allow the delivery of life-saving medicines, such as insulin, nor key items, including solar lamps, syringes and paediatric scales. As I mentioned earlier, in eastern Ghouta, the Russian Federation unilaterally announced a daily five-hour humanitarian pause in the fighting, starting from 27 February, to prevent civilian victims and to enable civilians to leave the enclave. In reality, few civilians left. On the one hand, sufficient protection standards were not in place for voluntary movement. Moreover, armed groups prevented others from leaving. In that context, even though the five-hour window was insufficient to enable the safe, unimpeded and sustained delivery of humanitarian aid and services, as demanded in the resolution, on 5 March the United Nations sent an inter-agency convoy of 46 trucks to Douma, in eastern Ghouta, with food for 27,500 people, along with health and nutrition supplies. Yet those 27,500 represented only a third of the requested beneficiaries, all in desperate need. And most of the health supplies were removed by the Syrian authorities, including basic medicines, dialysis treatments and trauma and surgical materials, such as burn dressings and adrenaline, despite the provisions of paragraph 8 of resolution 2401 (2018). According to the World Health Organization, only about 30 per cent of medical supplies in the convoy 12/03/2018 The situation in the Middle East S/PV.8201 18-06756 5/23 were allowed in. United Nations personnel from the Office for the Coordination of Humanitarian Affairs accompanying the convoy were also denied access to eastern Ghouta. Violence rendered the operation extremely perilous, despite prior assurances from the parties to the conflict. The insecurity forced the team to reluctantly halt unloading and to return to Damascus with a large share of the food aid still on the trucks. On 9 March, a convoy of 13 trucks reached Douma, delivering the remaining food assistance that could not be offloaded four days earlier. Once again, shelling occurred nearby, despite assurances having been provided by all parties. In those difficult circumstances, I commend the valiant humanitarian workers risking their lives to provide assistance and protection to people in need. But we are obviously far from safe, unimpeded and sustained delivery of humanitarian aid, as demanded in resolution 2401 (2018), as well as other relevant Security Council resolutions. And so the humanitarian and human rights situation is becoming more desperate by the day. In Douma, relief workers who reached the city last week described conditions as shocking and overwhelming. People are sheltering in overcrowded basements. Access to food, water and sanitation is limited. In relation to Douma, we have a convoy ready that I hope will be allowed to proceed in the coming days, especially after the results of today's meeting. As in all conflict settings, the specific needs of women are not receiving sufficient attention, including access to safe spaces, critical health services, medicine and baby formula for their children. In eastern Ghouta, health partners on the ground advise that more than 1,000 people are in urgent need of medical evacuation. The United Nations is ready to support these medical evacuations, in cooperation with the Syrian Arab Red Crescent and other partners. A prioritized list of those in greatest need, mostly children, has been shared with the Syrian authorities. I urge a positive response, hoping that today's meeting will allow these actions to take place in the immediate future. The Syrian Arab Red Crescent has announced its intention to send a relief convoy to Afrin as soon as security conditions allows. A United Nations humanitarian mission is awaiting Government authorization to immediately deploy to Raqqa for assessments of security and needs. There are also new disturbing allegations of the use of chlorine gas. Even if we cannot verify them, we cannot ignore them. I continue to urge the Council to find unity on this issue. Having said what I said, I believe that despite all the difficulties, lack of trust, mutual suspicions and cold calculations, it should be possible to implement resolution 2401 (2018). It should be possible to have a cessation of hostilities. It should be possible to deliver aid. It should be possible to evacuate the sick and wounded. It should be possible to lift the sieges. It should be possible to accelerate humanitarian mine action throughout Syria. It should also be possible to remove Security Council-listed terrorist fighters from conflict zones without massive and indiscriminate attacks against civilians and civilian infrastructure. We cannot give up, for the sake of the Syrian people. I appeal to all parties to ensure the full implementation of resolution 2401 (2018) throughout the whole of Syrian territory. The United Nations is ready to assist in any effort to make that happen. I call on all States with influence to exercise it in support of the efforts of the United Nations and the implementation of the resolution. I hope that this week's Astana ministerial meeting, which will gather the guarantors of de-escalation, will concretely restore de-escalation arrangements, and take real steps on detainees, abductees and missing persons. The dramatic situation I have described — the calamity across the country, the rivalries, the cynicism, the cruelty — highlight the need for a political solution. My Special Envoy continues to work towards the full implementation of resolution 2254 (2015). On Thursday, the conflict will enter its eighth year. I refuse to lose my hope to see Syria rising from the ashes. To see a united, democratic Syria able to avoid fragmentation and sectarianism and with its sovereignty and territorial integrity respected, and to see a Syrian people able to freely decide their future and choose their political leadership. The President: I thank the Secretary-General for his briefing. I now give the floor to those Council members who wish to make statements. Recalling the Security Council's latest note 507 on its working methods (S/2017/507), I wish to encourage all participants, both members and non-members of the Council, to deliver their statements in five minutes or less. S/PV.8201 The situation in the Middle East 12/03/2018 6/23 18-06756 Mr. Alotaibi (Kuwait) (spoke in Arabic): I deliver this speech today on behalf of Kuwait and Sweden. At the outset I would like to thank you, Mr. President, for convening this meeting at the request of the delegations of Kuwait and Sweden, pursuant to resolution 2401 (2018). I also thank Secretary-General António Guterres for his presence here today and for his briefing about the implementation of this resolution. Fifteen days have passed since the Security Council's unanimous adoption of resolution 2401 (2018), which demands that all parties implement a 30-day ceasefire throughout Syria without delay in order to deliver humanitarian assistance to those in need and to end the siege of residential areas. It is with great regret that we continue to witness a clear failure to implement the resolution's provisions while military operations across Syria continue to prevent humanitarian and medical assistance, particularly in eastern Ghouta and specifically on the part of the Syrian authorities. This has prevented United Nations teams and their humanitarian partners from safely providing humanitarian assistance to eastern Ghouta, which has been a primary locus among Syrian areas in need of assistance ever since its siege began in 2013, and which is home to about 400,000 people. In this regard, we would like to make a number of observations, as follows. First, we have followed with deep concern the inability of the United Nations and its humanitarian partners to enter the besieged areas, and the obstacles and impediments that they have faced during their operations in some areas. In that regard, we would refer to events in Douma, eastern Ghouta, on 5 March, which proved to be the deadliest day since the adoption of resolution 2401 (2018), with at least 100 people having been killed on that day alone. On that day, the hopes of civilians hinged on receiving lifesaving humanitarian aid, and we looked forward to that first positive initiative reaching 90,000 people in need of assistance in eastern Ghouta. However, what happened was that the number of beneficiaries dropped to less than half due to the Syrian authorities having removed necessary medical supplies from the convoy's load without clear justification, despite the fact that they had been given prior notification, based on standard operating procedures, of the entirety of the humanitarian convoy's content. It is also a matter of deep concern that convoys administered by the United Nations and its partners were compelled to cease their operations before completely unloading their cargo due to continued aerial bombardment on Douma. We demand that the Syrian authorities give immediate permission for two convoys per week to eastern Ghouta and other destinations, at the request of the United Nations. We call on all parties to provide appropriate security guarantees for these convoys and to permit United Nations staff to accompany the convoys. In this regard, we reaffirm the need for all parties, in particular the Syrian authorities, to assume their responsibilities to protect all humanitarian workers, including United Nations agencies and their relevant partners. We welcome the entry of the remaining humanitarian convoys provided by the Red Cross and the World Food Program into Douma on 9 March to deliver the remaining food assistance. This was the second time such convoys had been allowed to enter Douma in one week. There is a need to build on this so as to increase the number of weekly convoys to eastern Ghouta in a sustainable manner. Secondly, we reiterate the Council's demand for immediate unconditional medical evacuations based on medical need, starting this week, and we call on the Syrian authorities to give permission and work with the United Nations and its implementing partners to that end. Thirdly, the continued fighting in eastern Ghouta, particularly the incessant air strikes, prompts us to again call specifically on the Syrian authorities to comply with the provisions of the resolution and of international law in order to facilitate humanitarian assistance to reach those in need. We believe that a daily five-hour truce in eastern Ghouta does not support the implementation of resolution 2401 (2018). Fourthly, the United Nations has confirmed that the number of combatants associated with terrorist groups designated by the Security Council in eastern Ghouta does not exceed 350. We cannot accept continued military operations under the pretext of combating terrorism when they effectively prevent the delivery of humanitarian assistance, contrary to the requirements of the resolution. Resolution 2401 (2018), which was adopted unanimously, took effect immediately and is applicable to all parties. In that regard, we note the willingness of certain opposition groups in eastern Ghouta to abide by the provisions of the resolution and to expel terrorist groups designated by the Security Council. We express our support for the 12/03/2018 The situation in the Middle East S/PV.8201 18-06756 7/23 efforts of the Special Envoy of the Secretary-General, Mr. Staffan de Mistura, to operationalize this matter without delay. Fifthly, listening to the Secretary-General's briefing today on the status of the implementation of resolution 2401 (2018) constitutes one of the monitoring tools included in the resolution. But the main mechanisms remain the existing ceasefire agreements between the parties to the conflict, most notably the Astana accord with Russia, Turkey and Iran as its guarantors, and the agreement supervised by the United States and the Russian Federation that emanated from the International Syria Support Group. The resolution stresses the need to activate those agreements in order to reach a 30- day ceasefire aimed at allowing sustainable access to humanitarian assistance in all regions in Syria. We call again on the parties to those agreements to redouble their efforts in order to implement the provisions of resolution 2401 (2018). The unanimous position that the Security Council conveyed to the Syrian people and to the world by adopting resolution 2401 (2018) on 24 February must be built on in a speedy and effective manner, especially as the resolution is primarily of a humanitarian nature. There is a collective responsibility on us as members of the Security Council, specifically on influential parties, to maintain our credibility before the world and work to implement the provisions of resolution 2401 (2018). We would like here to stress that the provisions of the resolution are valid even after 30 days from the date of its adoption. We affirm our full commitment to continue to closely follow the status of the implementation of the resolution in the Council monthly reports. We will spare no effort to make progress on its implementation. This month marks the beginning of the eighth year of the conflict in Syria. Sadly, there is still a need for the violence to cease, for sustained humanitarian access through weekly cross-line convoys, for medical evacuations, for the protection of civilians and hospitals and for lifting the siege. We cannot let the Syrian people down, and we will continue to strive to implement the joint demands that we have set out. Finally, we recall that the lack of a political settlement to the conflict in Syria based on resolution 2254 (2015) will lead to further deterioration of the humanitarian situation. Mrs. Haley (United States of America): I would like to congratulate the Netherlands and your team, Mr. President, on having assumed the presidency of the Security Council for this month. I also want to thank Secretary-General Guterres for his briefing and for all of his efforts on behalf of peace in Syria Sixteen days ago, we sat around the negotiating table with our Security Council colleagues and agreed to a 30-day ceasefire in the brutal bombardment of civilians in Syria. The negotiations were long and difficult. Every minute we delayed meant more innocent people were killed. But the Russian delegation stalled and drew out the talks. They had conditions they insisted on before they would allow the killing to stop. The United States was reluctant to accept those conditions. But, in order to stop the killing in Syria, we accepted them. We attempted to work with Russia in good faith to end the violence in Syria. As a result, 16 days ago we came to an agreement. Russia cast its vote in favour of the agreement (see S/PV.8188). With that vote Russia promised its support for a 30-day cease-fire, as did the rest of the members of the security Council. With that vote Russia said that it too wanted to create the conditions for food and medicine to reach starving Syrian families. With that vote Russia told us it would use its influence with the Syrian regime to silence the guns in Syria. It told us that the Russians would themselves honour the ceasefire they voted to demand. With that vote Russia made a commitment to us, to the Syrian people and to the world — a commitment to stop the killing in Syria. Today we know that the Russians did not keep their commitment. Today we see their actions do not match those commitments, as bombs continue dropping on the children of eastern Ghouta. Today we must ask whether Russia can no longer influence the Al-Assad regime to stop the horrific destruction of hospitals, medical clinics and ambulances and to stop dropping chemical weapons on villages. Has the situation in Syria reversed, and Russia is now the tool of Al-Assad — or worse, Iran? We must ask those questions because we know the Russians themselves have continued their own bombing. In the first four days following the ceasefire, Russian military aircraft conducted at least 20 daily bombing missions in Damascus and eastern Ghouta. The Russians negotiated the wording of the ceasefire down to the commas and the periods. They voted for the S/PV.8201 The situation in the Middle East 12/03/2018 8/23 18-06756 ceasefire. And they immediately disregarded it. In the past 16 days, over 500 civilians have died. Some reports put the death toll even higher. That is unacceptable. Thousands of Syrians are in desperate need of medical care. But none of the United Nations list has been evacuated. We have heard the conversations are ongoing with the regime to medically evacuate 25 people in the coming weeks. While those civilians should be rushed to medical care, we ask why it took so long. When will the more than 1,000 identified medical cases be evacuated? There have been almost no deliveries of medicine or surgical equipment, because the Al-Assad regime remove them from the United Nations humanitarian convoys. The convoy that made it to eastern Ghouta on 5 March had to navigate around constant regime airstrikes. The bombing was so severe that the United Nations could barely unload the food the trucks were carrying. And in the past 16 days, there have been three separate allegations of chlorine-gas attacks. This is no ceasefire. This is the Al-Assad regime, Iran and Russia continuing to wage war against their political opponents. And there is another reason we know the Syrians and Russians never intended to implement the ceasefire: they planned for it. Over the past two weeks, the Russian and Syrian regimes have been busy labelling every opposition group in eastern Ghouta a "terrorist group". Why? So they can exploit a provision in the ceasefire resolution (resolution 2401 (2018)) that allows for military operations against the Islamic State in Iraq and Syria and Al-Qaida. There are terrorists in Syria, but the Russian and Syrian regimes label anyone as terrorists who resist their absolute control. In the eyes of Russia, Iran and Al-Assad, the neighbourhoods of eastern Ghouta are full of terrorists. The hospitals are full of terrorists. The schools are full of terrorists. The Syrian and Russian regimes insist that they are targeting terrorists, but their bombs and artillery continue to fall on hospitals and schools and on innocent civilians. They have deliberately and with premeditation exploited a loophole they negotiated in the ceasefire to continue starving and pummelling hundreds of thousands of innocent Syrian civilians. They have made a mockery of this process and this institution. For the sake of the Syrian people and the integrity of the Council, we must respond and take action. During the negotiations, the United States put all parties on notice that we needed to act if the ceasefire was not honoured. Members of the Security Council agreed. Now that day has come. The ceasefire has failed. The situation of the civilians in eastern Ghouta is dire. The United States is acting. We have drafted a new ceasefire draft resolution that provides no room for evasion. It is simple, straightforward and binding. It will take effect immediately upon adoption by the Council. It contains no counter-terrorism loopholes for Al-Assad, Iran and the Russians to hide behind. And it focuses on the area the Secretary-General has identified and that the world can see holds the greatest urgency for the lives of innocent civilians, that is, Damascus city and eastern Ghouta. If Russia, Iran and Al-Assad cannot agree to stop the bombing in that limited part of Syria for that limited amount of time, they will not agree to anything that is worthwhile. If they will not keep their word once they have agreed to a ceasefire, then how can we trust them? In the end, that is what makes the work of the Council possible: trust. If we cannot count on the members of the Council to honour their agreements, we cannot accomplish anything. If we cannot act when children are dying, we have no business being here. If we cannot save families that have not seen the sun for weeks because they have been hiding underground to escape barrel bombs, then the Security Council is as impotent as its worst critics say it is. Almost a year ago in the aftermath of the Syrian regime sarin gas attack on Khan Shaykhoun, the United States offered a warning to the Council. We said that when the international community consistently fails to act, there are times when States are compelled to take their own action. The Security Council failed to act, and the United States successfully struck the air base from which Al-Assad had launched his chemical attack. We repeat that warning today. We welcome all nations that will work together to finally provide relief for the Syrian people, and we support the United Nations political process that seeks to end the war in Syria. However, we also warn that any nation that is determined to impose its will through chemical attacks and inflicting human suffering, most especially the outlaw Syrian regime, the United States remains prepared to act if we must. It is not the path we prefer, but it is a path we have demonstrated we will take. We are prepared to take it again. 12/03/2018 The situation in the Middle East S/PV.8201 18-06756 9/23 Mr. Allen (United Kingdom): I thank the Secretary-General for his briefing and, through him, may I thank all of those trying to supply the desperately needed humanitarian response on the ground. They are indeed valiant. Sixteen days ago, the Security Council unanimously adopted resolution 2401 (2018). We did so because we and the world were sickened by the slaughter of innocents in Syria, particularly in eastern Ghouta. Russia used every tactic in its playbook to weaken the resolution and buy time for its ally, the Al-Assad regime, to bomb indiscriminately. But when it raises its hand in support, we hope that Russia and its clients would keep their word and implement the resolution. Sadly, as the Secretary-General's briefing has made clear, our resolution has not been implemented. What has happened? First, has there been a ceasefire? No. The violence continues and civilian deaths continue to rise. In those 16 days, 607 people have reportedly been killed, including 99 children and 79 women. The opposition armed groups committed to implementing resolution 2401 (2018) in full, but the Al-Assad regime's air strikes continue. Despite voting for a ceasefire, between 24 and 28 February, Russian military aircraft conducted 20 bombing missions in eastern Ghouta and Damascus every day. Russia has failed to confirm that it is only conducting air strikes against groups that are listed as terrorist groups by the Council. During the so-called daily humanitarian pause, over 56 air strikes hit eastern Ghouta between 27 February and 7 March, including at least six air strikes by Russian aircraft, according to monitors on the ground. Let us recall that only last year Russia declared the whole area to be a de-escalation zone. It has claimed that its bombardments are about fighting terrorists. That is manifestly not the case. There is one terrorist group recognized by the Security Council in eastern Ghouta, which accounts for less than not even 1 per cent of the population of the enclave. The other fighters are members of the opposition armed groups, which Russia has itself invited to the Astana meetings. Those groups have written stating their readiness to expel Al-Nusra Front from the enclave. Instead, Russia bombs them, undermining the political process that it is a part of. We are pleased that the members of the High Negotiations Committee of the Syrian opposition will be able to discuss the situation in Syria with Council members later today. I repeat my consistent condemnation of attacks against Damascus. What about our resolution's second demand, that is, safe, unimpeded and sustained access for humanitarian convoys, including medical and surgical supplies? Only one convoy has been able to enter besieged eastern Ghouta in the past 16 days, in two movements following shelling. They delivered supplies for 27,500 people — a fraction of the 400,000 civilians besieged in eastern Ghouta. What is stopping the aid from getting to the people that so desperately need it? Again, it is the regime. The ongoing violence that it perpetrates is an important factor, and its failure to grant access is another. On 5 March, the regime removed nearly 70 per cent of the medical supplies from a humanitarian convoy destined for 90,000 people. That happened at a time when the Office for the Coordination of Humanitarian Affairs is warning that malnutrition and disease are so prevalent that people will soon die from hunger and sickness even more than from air strikes. Finally, have there been any medical evacuations for the approximately 1,000 people who need them? Not a single one. Again, it is the regime that will not permit its civilians to reach urgently needed medical care. Some may point to an aid convoy or an announced pause in air strikes as a sign of improvement, and claim that those actions implement the resolution. They do not. Our resolution was clear: a ceasefire without delay, humanitarian access and medical evacuations. None have happened. Instead, the truth is that the regime will continue to pound eastern Ghouta until it has a complete military victory there, and Russia will continue to protect its ally, whatever the cost to the people of Syria and its own reputation. As we sit here, watching Al-Assad inscribing eastern Ghouta, again, on the roll call of atrocities and war crimes that he has committed over the eight years of the bloody conflict, let me say clearly that there will be future accountability for those crimes, and Russia's role, bombing alongside him and protecting him from accountability, will never be forgotten. There is still time. If Russia is able to announce a five-hour ceasefire, it can announce a full ceasefire. If it can get one aid convoy through, it can get more through. I urge Russia to give its unconditional support to resolution 2401 (2018) and a ceasefire to enable the delivery of humanitarian S/PV.8201 The situation in the Middle East 12/03/2018 10/23 18-06756 assistance, respect international humanitarian law and protect civilians. Mr. Delattre (France) (spoke in French): I would first like to thank the Secretary-General for his strong and particularly enlightening briefing, as well as for his personal commitment, in addition to that of the staff of the Secretariat and Mr. Staffan de Mistura, to spare no effort in implementing resolution 2401 (2018). Allow me, on behalf of France, to especially commend the United Nations teams and all the humanitarian actors working under extremely difficult conditions in Syria. Two weeks ago, we unanimously adopted a text calling for an immediate cessation of hostilities of at least 30 days, sustained and unimpeded humanitarian access and medical evacuations in Syria. I would remind those present that those demands apply to the whole of Syria and all parties. We negotiated the text together for several weeks and, I repeat, unanimously adopted it. Each member of the Council around this table has therefore endorsed the content by deciding to assume responsibility. That responsibility fell particularly on Russia, as a permanent member that voted for resolution 2401 (2018), sponsor of the Astana talks and a Power engaged in the Syrian situation, as it claims to be. We had agreed to a clause to meet 15 days later to review its implementation. The Secretary-General has just provided us with a very clear picture of that. Since 24 February, civilian casualties have continued to climb into the hundreds every week. The regime is pursuing, in defiance of its people and the Council, an air and land offensive that it has never intended to halt, with the support of Russia and Iran. However, let us not be deceived that civilians are not the "collateral victims" of those military operations. Rather, they are themselves being targeted by the regime, deliberately and methodically to starve and rape, destroy their health centres, kill and sow terror and death. The hell on Earth experienced by eastern Ghouta is not just the effect of the regime's policy; it is the very purpose of the regime's murderous madness, with its daily tally of war crimes and crimes against humanity, for which the regime will have to answer. Let us call a spade a spade: Who can stop the Syrian regime? Everyone knows that, apart from a military operation, it is Russia that is in the best position to do so today. It is therefore legitimate that today, more than ever before, everyone looks expectantly towards Russia, which has so far been unwilling, or unable, to exert sufficient pressure on the regime. Two weeks after the adoption of resolution 2401 (2018), we are here in the Chamber to face the facts. First, what has happened since the adoption of resolution 2401 (2018)? In the light of the inexorable worsening of the humanitarian situation in eastern Ghouta, the Security Council has rallied around a cessation of hostilities and made every effort to seek consensus, and finally did reach consensus on 24 February. We knew then, and we said so, that this result was only a precondition, and that the longest and most difficult part of the path towards a humanitarian truce was still before us. However, every day since 24 February the fighting has continued. In the days that followed, despite Russia's unilateral announcement of a daily five-hour truce — well below what resolution 2401 (2018) requires — the intensity of the fighting has increased. Since resolution 2401 (2018) was adopted, there has not been a single day when eastern Ghouta, an enclave that has been starved and besieged for months, has not been bombed by the regime and its supporters. The fight against terrorism — and this cannot be repeated enough — cannot be used as a pretext for such a bloodbath of civilians or for such contempt for international humanitarian law. Eastern Ghouta is now a textbook case of war crimes, and even of crimes against humanity. It cannot be ignored: the Syrian regime, with the support of Russia and Iran, is engaged in a war of total submission against its people. Violations of the ceasefire by the Damascus regime, with the support of Russia and Iran, have been massive and ongoing, and I would like to thank the Secretary-General for clearly exposing those violations. Let me briefly review some of these violations. Between 24 and 27 February, 72 attacks by the Syrian regime and its Russian and Iranian allies, from more than 14 locations, were reported. Between 24 and 28 February, Russian military aircraft carried out no fewer than 20 bombing missions in Damascus and eastern Ghouta. Between 27 February and 2 March, field observers documented at least 25 air strikes by the regime and Russia during the five-hour humanitarian breaks declared by Moscow. Since 18 February, more than 29 hospital have been hit, and few health facilities are still in operation. On 8 March, a health care facility in Mesraba was completely destroyed by bombardments. According to the Syrian Observatory for Human Rights, as of 11 March, 607 people, including 99 children and 79 women, had been killed since the adoption of resolution 12/03/2018 The situation in the Middle East S/PV.8201 18-06756 11/23 2401 (2018). I would repeat: 607 people have been killed. In addition to the dead, there are many injured persons, arbitrary detentions, enforced disappearances, rapes and many other intolerable violations of human rights and international humanitarian law. Finally, further credible allegations of the use of chemical weapons have been made since the adoption of resolution 2401 (2018). As the highest French authorities have pointed out, France will brook no compromise when it comes to the use of those abject weapons. The humanitarian needs are immense, yet the regime deliberately continues to block the entry of aid, despite the presence of Russian soldiers at the crossing points, as what happened to the convoy on 5 March shows. Indeed, the population continues to be deprived of relief and of any possibility of medical evacuation, even if more than 1,000 people need it. Still, we cannot give up. On behalf of France, I would like to make a new and urgent appeal to those who can make a difference on the ground, starting with Russia. France is not posing; it is taking action. My country has been and remains one of the countries most committed to the implementation of resolution 2401 (2018). Right after the resolution's adoption, France stepped up its contacts and efforts at the highest level so as to contribute to the resolution's swift implementation, so that the Astana guarantors would assume their responsibilities and so that the commitments made collectively would be respected. President Macron has met with Presidents Putin, Erdoğan and Rouhani, as well as with the Secretary-General on several occasions. Foreign Minister Jean-Yves Le Drian visited Moscow and then Tehran. To Russia, we proposed concrete measures for implementing resolution 2401 (2018). Although our efforts aimed at reaching out have been ignored, we stand by our proposals. Let us not deceive ourselves: without an immediate implementation of resolution 2401 (2018), the worst is yet to come. After the regime has conquered the rural zones of eastern Ghouta, the worst would be a conquest — street by street, house by house — in a torrent of fire, for the urban zones of the region, which are by definition the most densely populated areas. It is of the highest urgency, therefore, for us to come together to ensure that the resolution is fully implemented before the street battles promised by the regime's military planners begin. I would like to highlight three essential elements in that regard. The first is implementing a monitoring system to ensure maximum pressure on the parties. The main reason resolution 2401 (2018) has not been not implemented is that the Syrian regime has been engaged in its murderous folly and the regime's supporters have been unable or unwilling to stop it and prevent a worsening of the humanitarian situation. But the failure to implement resolution 2401 (2018) is also the result of our not being able to put in place a sufficiently targeted follow-up mechanism to the resolution in the Council. This must be our priority, and I am convinced that it is our only chance to compel the Syrian regime to comply with its international obligations. France therefore calls for appropriate decisions to be taken in the coming days. It is essential and urgent that humanitarian convoys reach eastern Ghouta in adequate security conditions and carry out their delivery of aid, and that medical evacuations be allowed. For that to happen, the truce must be sustainable and flexible in order to take into account delays in the delivery, discharge and distribution of aid. Medical authorizations must not only be delivered in an expedited manner; they must also come with all the security guarantees needed by patients, their families and the humanitarian actors who assist them. Indeed, the protection due them under international humanitarian law must be unconditionally guaranteed. The second element I would like to highlight is the departure of terrorist fighters from Ghouta as proposed by armed groups. In their letter to the Security Council, the three armed groups in eastern Ghouta, upon the adoption of resolution 2401 (2018), indicated their commitment to upholding the resolution, made concrete proposals for a comprehensive cessation of hostilities and committed themselves to taking combatant members of their groups out of Ghouta. The United Nations offered its assistance in those exchanges and carried out important work along those lines, to which the Secretary General just referred. I call on Russia today to conclude and implement the relevant agreements without delay. This is one of the keys to implementing the resolution. The third element is political negotiation. A lasting cessation of hostilities in Syria requires a political process consistent with the terms of resolution 2254 (2015), our shared road map for ending the conflict. Staffan de Mistura has our full support in bringing this mission to a successful conclusion and swiftly convening negotiations in Geneva, which is the only legitimate forum for a credible solution. In order to S/PV.8201 The situation in the Middle East 12/03/2018 12/23 18-06756 achieve results, United Nations mediation requires that necessary pressure be exerted on the parties. We therefore call once again on Russia, as well as Iran, to fulfil their responsibilities, as we are fulfilling our own. Collectively we have the capacity, if we so wish, to stop the endless descent into the abyss that characterizes the Syrian tragedy, and finally create a real political dynamic. On behalf of France, I therefore call once again for all members of the Council to finally rally their words and action in the service of this shared objective, which matches to our interests and responsibilities. It is never too late to save lives, and it is our responsibility — if we accept it — to end the tragedy of Syria, on which our generation, and the credibility of the Security Council, will be judged. Mr. Nebenzia (Russian Federation) (spoke in Russian): We would like to thank the Secretary-General for his briefing and his detailed information on what we asked for. We particularly appreciated his words when he said that there should be only one agenda for all of us — ending this crisis. Russia supported the Security Council's adoption of resolution 2401 (2018), guided by the priority of improving the humanitarian situation in various parts of Syria. We not only believe that its effective implementation is extremely important, we have also proposed concrete ways of achieving that, something that was discussed in today's briefing. And that is unlike various capitals whose representatives have settled comfortably for doing nothing while vilifying the Syrian regime, as they call it, and making endless accusations about Russia. In out last meeting on the subject (see S/PV.8188), I promised to count the number of times that Ambassador Haley mentioned Russia in the next meeting. The answer is 22. France came second, with 16 mentions, and the United Kingdom was third, with 12. This matters not just for the record but for the context in which it occurs. What is going on is a political policy, and it does not have to do merely — indeed, not much at all — with concern for Syrians' humanitarian needs. It is important that everyone understands that resolution 2401 (2018) is not about an immediate ceasefire, which is a utopian notion, but a preliminary agreement between the parties as a condition for achieving sustainable de-escalation in all the contested areas of Syria, not just eastern Ghouta. That is the only realistic way. The resolution contains an unequivocal demand in that regard, and we are trying to make that happen. The Council has heard about that today and will hear more. The authorities in Damascus have expressed their satisfaction with the resolution and their willingness to implement its provisions. However, they have also rightly demanded an immediate cessation of attacks on the capital and of all infringements on Syria's sovereignty and territorial integrity. The counter-terrorist operation that the Syrian armed forces are conducting does not contradict resolution 2401 (2018). The Government of Syria has every right to work to end threats to its citizens' security. The Damascus suburbs cannot continue to be a breeding ground for terrorists. It is the terrorists' persistent attempts to disrupt the ceasefire that serve to maintain the tensions in Syria, and of course the most problematic area is in eastern Ghouta. The July 2017 Cairo agreements on the eastern Ghouta de-escalation zone gave the militants a chance to be included in the political settlement. They did not take advantage of it and have still not dissociated themselves from the terrorists. Even now the groups' activities are coordinated from the joint headquarters run by Jabhat Al-Nusra. We have reliable information that they are in active radio contact, discussing plans for shelling the humanitarian corridors, among other things. Why are they only now talking about being willing to drive Al-Nusra's members out of eastern Ghouta? And why are we the only ones asking that question? We have answered it a number of times ourselves when we have spoken about suspicions that Al-Nusra is being preserved for particular political purposes, in this case to maintain a dangerous hotbed of armed resistance in the immediate vicinity of Syria's capital. Even now they continue to lull us with fairy stories about how few terrorists there are in eastern Ghouta. And who is going to monitor the armed groups' implementation of the resolution? Who will be responsible for that? Just please do not keep saying the so-called regime, and Russia, and Iran. Such ideological attitudes are simply not serious in the context of the professional discussions that we conduct in the Security Council. What responsibility will the members of the Council take for the implementation of the resolution? How will they implement it? How will they influence the militias they support? 12/03/2018 The situation in the Middle East S/PV.8201 18-06756 13/23 Following the adoption of resolution 2401 (2018), with Russia's participation, daily five-hour humanitarian pauses were established and the Muhayam-Al-Wafedin checkpoint was opened for use by both civilians and militants with families. They were guaranteed security, transportation and protection along the entire route. The Syrian authorities then opened another checkpoint, Jisreen-Mleha, in the southern area of eastern Ghouta. Medical posts have been set up, distribution points organized for hot meals, buses are standing by. However, the insurgents continued to subject the central areas of Damascus and its outskirts to massive shelling. Dozens of mines have been laid for days, resulting in deaths and injuries as well as major damage. Since the day the resolution was adopted more than 100 people have died, and many more been injured, as a result of the shelling in the capital. The Tishrin and Al-Biruni hospitals and a medical centre in Al-Rihan have been hit more than once. These are real hospitals, not the militants' field offices that are frequently disguised as hospitals. They are making active use of snipers. We know this for a fact. It is a tragedy when any civilians die during an armed conflict. But my delegation has always been interested in the origin of the statistical information being used in the United Nations. In a highly politicized situation this subject is extremely important. Frequent assessments are pronounced about civilian losses in eastern Ghouta. We hope that future reports will be required to indicate where their data is from, how reliable it is and who exactly is meant by "reliable sources on the ground". Every day that has passed, the extremists have forbidden civilians to leave the areas they have blocked and have severely suppressed attempts to resist arbitrary action, including through exemplary executions. We have reliable information about that too. Strikes on corridors and exit checkpoints are constant, including during the humanitarian pauses. On 9 March a convoy of refugees was shelled, once again disrupting an evacuation. Tunnels are being used for attacks on the Syrian army, and the exits from underground installations are located in neighbourhoods where there are public institutions, mainly mosques, hospitals and markets. They have inflated food prices and at the same time have been taking away the people's food, water, medicines and mobile phones. They are setting up firing positions in residential buildings and using people as human shields. They are laying mines in neighbourhoods that are adjacent to the line of contact. They are conducting searches and confiscating permit papers distributed by Government forces. The residents are trying to resist this repression, organizing spontaneous rallies and clashing with the militias. On 1 March, in north-eastern Douma, Al-Nusra terrorists shot four people who participated in such a demonstration. Today there was a major protest in Kafr Batna. The first major exodus of civilians took place on the night of 11 March, when 52 people, 26 of them children, left the village of Misraba with the assistance of the Russian Centre for the Reconciliation of Opposing Sides and the Syrian army. There are also militants who want to leave eastern Ghouta, but their field commanders threaten potential defectors with reprisals. For the first time, on 9 March, after long and tense negotiations, with the participation of officers from the Russian Centre for Reconciliation, 13 militants were evacuated from the enclave through the humanitarian corridor at their own request. Talks have been held with Jaysh Al-Islam on reaching an agreement on the withdrawal of a second group of fighters. A meeting was also held with the leaders of Faylaq Al-Rahman, at which it was demanded that they dissociate themselves from Jabhat Al-Nusra immediately. However, according to information received, the militants of the group decided to continue their armed resistance, forcibly recruiting ordinary citizens into their ranks. To turn to the subject of the humanitarian convoy entering Douma on 5 March, the convoy received comprehensive support from the Syrian Government and the Russian military. A humanitarian corridor was established, security ensured for its passage and the situation was monitored. However, there was a great deal of evidence of disorganized activity on the part of the humanitarian actors. According to our information, United Nations staff needlessly delayed the convoy operations, creating real security risks. While the convoy was being put together, they attempted to load it with undeclared medical supplies — and the fact that not all of them were declared was mentioned today — and wasted around two hours in a meeting with the leaders of the so-called local councils. They spread unreliable information about aerial strikes in the trucks' unloading area, and today some delegations seized on that joyfully, although what actually occurred was one instance of mortar fire from the armed groups' positions. They did not respond to local residents' S/PV.8201 The situation in the Middle East 12/03/2018 14/23 18-06756 request to help them leave the enclave. Nonetheless, 13 people, five of them children, were evacuated. Afterwards, it was curious to read a report that one of Ahrar Al-Sham's field commanders had, in a tone of irony, expressed his appreciation for the humanitarian pause on 5 March, which enabled the militias to regroup, recover their strength and a number of lost positions and prepare ambushes for the Syrian military. A 9 March action was successfully carried out with the Russian military providing a truck convoy with safe conduct. However, the scope of resolution 2401 (2018) is not limited to eastern Ghouta. We should note that in the past two weeks, the terrorists of Al-Nusra and associated militia groups have repeatedly shelled villages in Hamah province. As a result of new strikes there are been deaths and injuries in blockaded Fo'ah and Kafraya in Idlib. Armed clashes between illegal groups in that province have led to threats of a number of medical facilities being closed. Al-Nusra has become more active in the southern de-escalation zone, which could be related to the fact that they continue to be supplied with weapons from outside. The situation in Afrin remains very difficult. The Syrian authorities have given permission for humanitarian aid to be delivered to the residents of Rukban camp, in the area illegally held by the Americans around the Al-Tanf military base. We would like to know what the United Nations is doing about that. Needless to say, we assume that the distribution of humanitarian assistance will be undertaken by a trustworthy entity such as the International Committee of the Red Cross or the Syrian Arab Red Crescent. We are also awaiting the speedy dispatch of a United Nations humanitarian needs assessment mission to Raqqa, which was bombed out by the coalition. There should be no pointless delays with this, so I would like to ask the United Nations when that mission will take place. We understand very well the unspoken motives for the current disinformation campaign, whose aim is to create a public perception that the Syrian authorities use toxic substances. In fact, both we and the Syrians have well-founded fears that provocations are being planned with the aim of accusing the Syrian authorities of carrying out chemical attacks. According to information received, Al-Nusra used a chlorine-based substance in eastern Ghouta on 5 March, affecting more than 30 local residents. This is all being done in order to prepare the ground for unilateral acts of force against sovereign Syria. We heard hints of that in the statements made by some delegations today. Essentially, steps are being considered that could deliver yet another heavy blow to regional stability. Meanwhile, on territory formerly controlled by illegal armed groups, there have been more new discoveries of stores of chemicals, but the relevant bodies of the Organization for the Prohibition of Chemical Weapons have been very slow to react to the appeals of the Syrian authorities. Russia will continue its efforts to implement resolution 2401 (2018), but we demand that some of our colleagues do their part and exert genuine pressure on the groups that they support or sponsor, instead of constantly calling on Russia and creating the false impression that the resolution applies only to us. In conclusion, I would like to say that this afternoon four Security Council will be holding an unofficial Arria Formula meeting with the declared intention of making opposition voices heard on the humanitarian issue in Syria. This is going to be widely covered in the media. First and foremost, we want to point out the fact that is unacceptable to use United Nations resources for politicized purposes, and that is certainly not what Arria Formula meetings were conceived for. This event conceals the desire of its organizers to exert informational pressure on the Syrian Government and those who are helping it fight terrorism. In our view, to get the full picture, it would not be a bad idea to listen to the residents of Raqqa and Rukban camp, not to mention eastern Ghouta, where there are quite a few people who would be glad of the opportunity to appeal for their deliverance from the presence of extremists. Mr. Ma Zhaoxu (China) (spoke in Chinese): I should like at the outset to thank Secretary-General António Guterres for his briefing. China appreciates the positive efforts made by the United Nations and the Secretary- General to alleviate the humanitarian situation in the Syrian regions affected. China sympathizes with the suffering of the Syrian people and has consistently been working hard to help them. Last month we channelled assistance through the International Committee of the Red Cross, sending water, food, medical services and shelter to internally displaced persons in Syria. We are extremely concerned at the fact that the people of Syria are suffering from the conflict. No act 12/03/2018 The situation in the Middle East S/PV.8201 18-06756 15/23 of violence against innocent civilians can be tolerated. This situation must end. On 24 February, the members of the Security Council, leaving aside their differences, unanimously adopted resolution 2401 (2018). This upheld the unity of the Council and provided a rare opportunity for a ceasefire, halting the violence and easing the suffering of the Syrian people. After the resolution was adopted, we saw that United Nations humanitarian relief convoys had overcome difficulties of all kinds and entered eastern Ghouta, delivering much-needed assistance to the people there. With Russia announcing the implementation of the temporary ceasefire, a humanitarian corridor was opened for the Syrian people. We saw that some civilians, including children, had already entered the safe area through the humanitarian corridor and received relief and assistance. It has also come to our attention that the parties to the conflict continue to attack each other and that owing to the shelling the humanitarian corridor has not been able to serve its full purpose. We urge all parties concerned to make joint efforts, exert their influence and ensure that resolution 2401 (2018) is effectively and earnestly implemented. All members of the Security Council should maintain their unity and jointly stay on track to find a political solution to the Syrian issue, support the early resumption of the Geneva peace talks and urge all parties in Syria to achieve a solution acceptable to all as soon as possible, through a Syrian-led and Syrian-owned political process, in order to ease the suffering of the Syrian people. China will continue to make unremitting efforts to that end. Mr. Umarov (Kazakhstan): I join others in thanking Secretary-General António Guterres for his briefing. We welcome the efforts of the United Nations, its system and the International Committee of the Red Cross to render immediate life-saving services, conduct hundreds of medical evacuations and send convoys to the besieged and hard-to-reach areas, especially eastern Ghouta, despite the potential danger to the lives of their personnel. We therefore urge the members of the Security Council to assist the Office for the Coordination of Humanitarian Affairs in operationalizing those emergency programmes and to ensure the protection of medical and humanitarian workers. Likewise, we also urge the parties to support United Nations structures in fulfilling their mandates. We echo the United Nations calls to all parties to facilitate unconditional, unimpeded and sustained access to all people in need throughout the country and to take the necessary measures to protect civilians and civilian infrastructure, including schools and medical facilities, as required by international law and human rights standards. Kazakhstan considers that it is equally important to further promote the Syrian settlement and believes that the Astana process has great potential for guiding intra-Syrian talks towards long-term peace. In that context, we propose that all sides, including stakeholders, provide all-round assistance, making use of the positive developments to improve the humanitarian situation on the ground. Astana continues to support resolution 2254 (2015), as it always has, and repeatedly calls on the International Syria Support Group and other countries to help the conflicting parties to implement the measures stipulated in the Geneva communiqué (S/2012/522, annex) and the Vienna statements. We express concern over the existing difficulties in Syria, which seriously impede the implementation of resolution 2401 (2018), and we call on the international community to influence the conflicting parties to cooperate with the United Nations. The only way to truly resolve the crisis is through negotiations, predicated on mutual trust and understanding, together with confidence-building measures. In practical terms, we are convinced that expelling terrorist groups from eastern Ghouta may calm the situation in that sector. Let us be frank: removing the Al-Nusra Front and other affiliated terrorist groups from the area, as stated in a letter from three parties, must be pursued in order to end hostilities. The implementation of resolution 2401 (2018) is a collective responsibility, with each Council member playing a significant role. Finally, Kazakhstan supports solutions in Syria on the basis of resolution 2254 (2015) and the Geneva communiqué, as well as the agreements on the de-escalation zones reached during the Astana process. Mr. Meza-Cuadra (Peru) (spoke in Spanish): We would like to thank you, Mr. President, for having convened this meeting and to welcome the presence of Secretary-General António Guterres, who reminded us of the responsibilities of the international community, S/PV.8201 The situation in the Middle East 12/03/2018 16/23 18-06756 in particular the Council, given the serious and terrible developments in Syria. Peru follows with great concern the humanitarian situation in that country. We must express our sorrow and solidarity to the victims of the conflict, most of whom are children. We deeply regret that, two weeks after the ceasefire was unanimously adopted by the Council through resolution 2401 (2018), there has not been sufficient progress in its implementation. As the Secretary-General noted, a sustained cessation of hostilities has not materialized. The conflict continues to claim civilian victims. The much-needed humanitarian assistance has been provided in a very limited way. International law and international humanitarian law continue to be violated with impunity. The bleak outlook requires us to redouble our efforts. The Security Council must remain united in its responsibility to protect the Syrian population by promoting all actions conducive to ensuring the full and immediate implementation of resolution 2401 (2018). The responsibility to act is clearly greater for the countries with the greatest capacity for influence in the field, in particular the guarantors of the de-escalation zones agreed in Astana. The situation is particularly serious in eastern Ghouta, where, among other emergencies, more than 1,000 people need to be evacuated for medical reasons. It is also serious in Idlib, Afrin, Rukban and Raqqa, among other places. We need to remember that the ceasefire must cover the entire Syrian territory and allow humanitarian assistance in a sustained, safe and unhindered way. The Syrian Government must comply with the ceasefire immediately and fulfil its responsibility to protect the population and its obligation to cooperate with the implementation of resolution 2401 (2018). The fight against terrorism cannot be used as an excuse to violate human rights and international humanitarian law. Peru supports the proposal of Special Envoy Staffan de Mistura to promote dialogue with the opposition groups that have expressed their willingness to comply with the ceasefire and to expel members of terrorist organizations linked to the Al-Nusra Front from eastern Ghouta. Peru remains committed to achieving a political solution to the conflict that ends the ongoing humanitarian disaster, ensures accountability for the atrocious crimes committed in that country, including the use of chemical weapons, supports regional stability and achieves sustainable peace in Syria. We would like to conclude by expressing our support for the Secretary-General in his call for the immediate implementation of resolution 2401 (2018) and for his tireless efforts and those of his team on the ground. We also wish to highlight the professionalism, the courage and the sense of duty of the United Nations humanitarian personnel and of the humanitarian agencies such as the International Committee of the Red Cross and the Syrian Arab Red Crescent, among others deployed in Syria. Mr. Ndong Mba (Equatorial Guinea) (spoke in Spanish): At the outset, I would like to express my gratitude to Secretary-General António Guterres for his informative briefing. I also thank him for his leadership and all his support, in particular his tremendous efforts, as well as those of his Special Envoy, Mr. Staffan de Mistura, and of the entire United Nations team, to achieve the full implementation of resolution 2401 (2018) and a definitive resolution of the Syrian conflict. Today's meeting should be another milestone in the international response to the humanitarian crisis prevailing in Syria. However, unfortunately, that is not the case. As the Secretary-General underscored in his briefing, in recent weeks, the parties involved at all levels have intensified their fighting in eastern Ghouta despite the humanitarian ceasefire agreed through the unanimous adoption of resolution 2401 (2018) exactly 16 days ago. Nevertheless, we welcome with satisfaction reports that the United Nations and Syrian Arab Red Crescent convoy was finally able to reach eastern Ghouta last Friday to complete the delivery of food that could not be unloaded on 5 March for security reasons. However, the delivery of all necessary humanitarian supplies, including the medical and health-care supplies that were seized in the first attempt by convoys to the besieged areas, continues to be urgent and must be carried out without delay. We also welcome the news that the Secretary- General has just provided to us with regard to some improvements in the situation on the ground in eastern Ghouta. We hope that today's meeting will lead to greater improvement or a definitive resolution of the situation in that part of Syria. 12/03/2018 The situation in the Middle East S/PV.8201 18-06756 17/23 We read the letter dated 9 March that the co-penholders — France, the United Kingdom and the United States — addressed to the Secretary-General and the Council. We have also read very carefully the many letters that the Syrian Government has addressed to the members of the Security Council through its Permanent Representative. Basically, we note in those letters the repeated mutual accusations that have been a characteristic of this long conflict since its beginning. We are talking about a 30-day ceasefire, and time is gradually running out. We have had enough of mutual recrimination. The only collective task that we should focus on is finding a coherent peace mechanism to stop this endless and heinous war. The Republic of Equatorial Guinea remains deeply concerned about the developments in the situation in Syria. We reiterate the urgent need for Council members who have influence over the national parties to the conflict to redouble their diplomatic initiatives with a view to reaching a common understanding on how to find a political solution to the tragic crisis in Syria, the effects of which are a threat to the region and the international community, in particular because of the humanitarian implications posed by the millions of Syrians who are currently being displaced within the country or seeking asylum and because of the security risks caused by the expansion of Da'esh, the Al-Nusra Front and other terrorist entities. We also express our deep indignation at the continuing fighting in the province of Idlib, which, for seven consecutive days, has been subject to attacks and rocket fire from Islamic factions in areas of the cities of Kafraya and Fo'ah. Those events, like many others, demonstrate the need for a common front that will expel from Syria the Islamic State, Al-Qaida, the Al-Nusra Front and all other associated entities that threaten peace and security in the region. In conclusion, the Republic of Equatorial Guinea calls on the guarantors of the Astana process — Russia, Iran and Turkey — to ensure that the rounds of negotiations to be held on 15 and 16 March — to which the Special Envoy of the United Nations for Syria, Mr. Staffan de Mistura, was invited — serve not only to plan future actions and strategies, but also to give genuine impetus to finding a solution to the Syrian crisis once and for all. During my statement after the adoption of resolution 2401 (2018), I said that we had partially spared ourselves from embarrassment (see S/PV.8188). However, since 16 days have passed since the adoption of the resolution without it being implemented. I think we remain completely shamed. Ms. Wronecka (Poland): Let me thank the SecretaryGeneral for his comprehensive, but again very worrying and alarming, update. Like many around this table, we share a sense of urgency, especially following the adoption of resolution 2401 (2018). We also see how difficult it is to implement resolution 2401 (2018) on the ground. Small steps, such as sending an aid convoy to eastern Ghouta last Monday, are still mere drops in the ocean of people's needs. Even with a unanimously adopted resolution, we are still lacking any substantial change on the ground and the fighting is far from being over. We therefore call for the implementation of resolution 2401 (2018). We understand that the solution is not entirely in our hands, but still we should try to do our utmost to find possible ways to ensure that the life-saving aid convoys might reach those in need and medical evacuations might begin. Unfortunately, the situation in eastern Ghouta, but also in Idlib and Aleppo provinces, does not allow the suffering of ordinary Syrians to be alleviated. Let me once again stress our full support for the Secretary-General, as well as his Special Envoy Staffan de Mistura, in finding a political solution to the Syrian crisis. A political solution to the conflict remains the only viable way to end the suffering of Syrian people. Let me also underline that the role of the Security Council remains crucial, but it is up to the Syrian people to decide their own future. We agree that fighting against terrorist groups designated as such by the Security Council is crucial, but, at the same time, such designations cannot justify the attacks on innocent civilians and civilian infrastructure, including health facilities. Those attacks must stop and parties to the conflict must strictly comply with their obligations under international humanitarian law. In that context, let me once again strongly underline that any response to violence should be proportionate. We need full compliance with the ceasefire agreed in resolution 2401 (2018). The Russian proposal for a daily five-hour pause is simply not enough to allow humanitarian workers to deliver aid and to evacuate those who cannot be treated on the ground. The international community, and especially the Council, S/PV.8201 The situation in the Middle East 12/03/2018 18/23 18-06756 bear a huge responsibility to protect civilians. Allow me to share a couple of concrete ideas, which I hope will be useful, on how to improve the situation on the ground. As the Security Council, we should demand United Nations access in order to monitor designated de-escalation zones to ensure the well-being of civilians. All States Members of the United Nations should fully cooperate with the International, Impartial and Independent Mechanism set up last year and facilitate its work. Parties engaged in the conflict must cease enabling the crimes on the ground and withhold all their support to armed groups that target civilians. Parties conducting air strikes against terrorist groups must ensure that all necessary precautionary measures are taken into consideration in order to avoid civilian casualties and that all military operations are fully consistent with international law. All potential violations, including possible war crimes, must be investigated, and the perpetrators must be held accountable. In conclusion, let me underline that, from our perspective, we in New York sometimes lack feedback on our actions. With regard to actions taken at Headquarters, it is for the Syrian people themselves to tell us what would be the most effective way to support them. Mr. Tanoh-Boutchoue (Côte d'Ivoire) (spoke in French): My delegation thanks the Secretary-General for his briefing on the implementation of resolution 2401 (2018), on the humanitarian situation in Syria. Two weeks after its unanimous adoption by members of the Security Council, resolution 2401 (2018), which had inspired a great deal of hope, has not been implemented as planned, much to our regret. The requirement of an immediate cessation of hostilities for a period of at least 30 days, provided for by resolution 2401 (2018), to enable the safe and unimpeded delivery of humanitarian aid and services and medical evacuation of the critically sick and wounded, in accordance with applicable international humanitarian law, has not yet gone into effect. The humanitarian and security situation remains worrisome because it is impossible for humanitarian convoys that endure indiscriminate attacks and bombings perpetrated by various hostile groups to reach besieged areas. In addition, attacks are carried out against medical and humanitarian personnel and health-care infrastructure. According to the World Health Organization, such attacks are on the rise. The deterioration of the humanitarian situation within Syria's borders due to increased fighting makes for dangerous living conditions for thousands of internally displaced persons and obliterates the hope of restoring security and dignity to millions of refugees in neighbouring countries living in extremely difficult conditions. Given the dire situation, Côte d'Ivoire hopes that the second international conference on supporting the future of Syria and the region, to be held in Brussels on 24 and 25 April at the initiative of the European Union, will result in pledges of increased humanitarian aid and development support. In accordance with the provisions of resolution 2401 (2018), Côte d'Ivoire again calls for the immediate cessation of hostilities in order to enable the safe, sustained and unimpeded access of humanitarian convoys delivering basic necessities to hundreds of people in dire need in eastern Ghouta and other areas of the country. My delegation welcomes reports that, for a few days, the International Committee of the Red Cross and the Syrian Arab Red Crescent was able once again to enter the city of Douma in eastern Ghouta to deliver the aid necessary, including food and non-food items. My delegation encourages all Syrian stakeholders to create conditions that would allow the United Nations to make scheduled deliveries in eastern Ghouta, throughout the entire country and on Syrian borders. Côte d'Ivoire reiterates its belief that the humanitarian situation will not improve without significant progress on the political landscape because the two issues are inextricably linked. Therefore, it invites hostile groups and all stakeholders to engage in political dialogue in order to achieve a peaceful solution to the crisis in Syria. In that regard, it welcomes the holding of a meeting in Geneva between the Special Representative of the Secretary-General for Syria, Mr. De Mistura, and the three Astana guarantors — Iran, the Russian Federation and Turkey — with a view to relaunching the Syrian political process. The delegation of Côte d'Ivoire hopes that the next meeting to be held in Astana, at the initiative of the three guarantors of the Astana process, will enable us to reach a lasting ceasefire in Syria and to calmly resume the intra-Syrian peace talks pursuant to resolution 2254 (2015). 12/03/2018 The situation in the Middle East S/PV.8201 18-06756 19/23 Mr. Llorentty Solíz (Plurinational State of Bolivia) (spoke in Spanish): My delegation would like to thank the Secretary-General for his briefing on the implementation of resolution 2401 (2018). Once again we take this opportunity to pay tribute to humanitarian workers who risk their lives daily as they carry out their duties. We join other colleagues in congratulating the Special Representative of the Secretary-General for Syria, Mr. Staffan de Mistura, on his efforts to find a political solution to the serious situation in Syria, which, as the Secretary-General recalled, is in its eighth year. Bolivia deplores the challenges to the implementation of resolution 2401 (2018) that the Secretary-General outlined in his briefing today. We condemn all deliberate attacks on civilians and demand respect for international humanitarian law and international human rights law. We call on the parties involved to focus primarily on protecting hospitals, medical facilities, schools and civilian residences, and the personnel of the various agencies and humanitarian assistance organizations whose employees put their own lives at risk as they carry out their work on the ground. We call on the parties to cooperate and enhance coordination efforts with the Office for the Coordination of Humanitarian Affairs, provide unhindered humanitarian access and allow urgent medical evacuations to be carried out, in particular in besieged and hard-to-reach areas. We call upon the parties to work together to achieve the full implementation of resolution 2401 (2018) throughout Syria as soon as possible and in accordance with agreements reached in the Astana process and on the de-escalation zones. We underscore the importance of unity within the Security Council when implementing resolution 2401 (2018). Such unity must be present if our goal is to fully implement it. We also call on the members of the Council and all parties involved to depoliticize the humanitarian situation in the Syrian Arab Republic and ensure that its actions are in line with international law. We highlight a few forums for dialogue that could assist with reaching consensus on a definitive cessation of hostilities, such as the Syrian National Dialogue Congress in Sochi, whose outcome is geared towards strengthening the political process in Geneva. We hope that that forum will allow for the full implementation of resolution 2401 (2018) as soon as possible. In conclusion, we reiterate that there is no military solution to the crisis. The only solution is through an inclusive political dialogue ordered and led by and for the Syrian people. We extend our best hopes for the outcome of the next meeting to be held in Astana. Mr. Alemu (Ethiopia): We thank the Secretary- General for his comprehensive, up-to-date and very useful briefing on the implementation of resolution 2401 (2018). Two weeks after the adoption of that resolution, the humanitarian situation in Syria continues to cause serious concern. The United Nations and its humanitarian partners have failed to ensure safe, sufficient, unimpeded and sustained humanitarian access for populations in need of life-saving assistance due ongoing fighting, in particular in eastern Ghouta. Nonetheless, we are mindful of the fact that resolution 2401 (2018) applies to all parts of Syria. We note that the Secretary-General did not overlook that aspect of the resolution in his briefing. We had all emphasized the importance of the effective implementation of the resolution in order to make positive changes on the ground and alleviate the humanitarian tragedy in Syria. Given the increasingly complex situation on the ground, we knew that it would not be an easy task. After the Council adopted resolution 2401 (2018), we recognized that the United Nations and its humanitarian partners could deliver aid to eastern Ghouta and other affected areas. No doubt, there remain serious challenges to ensuring the full implementation of the resolution. Although it demands the cessation of hostilities without delay for at least 30 consecutive days throughout Syria, with the immediate engagement of all parties to ensure safe, unimpeded and sustained delivery of humanitarian aid and medical evacuations, there have been ongoing military activities resulting in civilian casualties and the destruction of civilian facilities. Here, one should also not overlook the damage being caused by the shelling of Damascus. Therefore, it is clear that much more remains to be done and all parties should be committed to the full implementation of the resolution. As the United Nations and its humanitarian partners are ready to deliver more aid to all Syrians throughout the country, it is absolutely critical that all the parties provide them safe, unfettered and sustained humanitarian access. In that regard, all those who have influence over the parties S/PV.8201 The situation in the Middle East 12/03/2018 20/23 18-06756 should exert the necessary pressure to contribute to saving lives. It is also imperative to use all existing arrangements to facilitate the implementation of the resolution, particularly the cessation of hostilities. In that connection, we look forward to the Astana meeting, scheduled to take place on 15 and 16 March, which we hope will contribute to the full implementation of the resolution. Finally, as the Secretary-General stated, we are entering into the eighth year since the start of the Syrian crisis. While we look forward to seeing the Syrian people, as a sovereign State, find a comprehensive political solution based on resolution 2254 (2015), the Council also has a responsibility and an indispensable role in resolving the Syrian crisis. Therefore, we hope that the spirit of cooperation and consensus that the Council demonstrated during the adoption of resolution 2401 (2018) will be sustained not only to respond to the humanitarian tragedy, but also to ensure progress in the political track with a view to finding a lasting solution to the crisis. Most importantly, the cooperation of relevant countries that have influence is key. Without those countries, there will be no solution in sight. The President: I will now make a statement in my capacity as representative of the Kingdom of the Netherlands. I would like to thank Secretary-General Guterres for his briefing. Through him, I would also like to thank all United Nations and other humanitarian personnel on the ground. They work under extreme circumstances. Sixteen days ago (see S/PV.8188), the Security Council showed a rare example of unity regarding Syria when it adopted resolution 2401 (2018) . I recall the glimmer of hope that day in the Chamber. All of us agreed that all parties to the Syrian conflict must cease hostilities in order to enable the delivery of humanitarian assistance and the evacuation of the critically sick and wounded. Yet one day after the adoption of resolution 2401 (2018), the Syrian regime, supported by Russia and Iran, launched a most violent ground offensive to conquer the enclave of eastern Ghouta. That offensive came on top of a relentless air campaign that had started one month ago. Resolution 2401 (2018) calls for a cessation of hostilities, without delay. Unfortunately, it is the military offensive that continues without delay. Elsewhere in Syria, including in Idlib and Afrin, violence continues to threaten the civilian population as well. The Council must do everything in its power to advance the full implementation of resolution 2401 (2018). In that regard, I would like to stress the importance of humanitarian aid, the monitoring of the cessation of hostilities and accountability. With regard to my first point, the immediate delivery of humanitarian aid, last week we were deeply shocked to hear reports that medical supplies, including surgical supplies, insulin and even trauma kits, had been removed from convoys by the Syrian regime. Medical supplies save lives and provide relief to the inhumane suffering that too many Syrians are going through. Medical supplies cannot be used as weapons by terrorists. There is no justification for denying medicine and medical supplies to the wounded and sick. The first humanitarian convoy that received authorization from the Syrian regime to deliver aid to eastern Ghouta was not able to fully unload because of resumed fighting. The convoy that arrived last Friday was finally able to deliver aid, including medical supplies, for 27,500 people. However, the Office for the Coordination of Humanitarian Affairs is still waiting for authorization to complete the delivery to Douma for all 70,000 people, as initially approved by the Syrian authorities. We call on all parties to immediately allow sustained and unimpeded access to deliver supplies to people in desperate need of humanitarian assistance. That applies to eastern Ghouta and to all in need throughout the country. On my second point, the cessation of hostilities and the need for monitoring, resolution 2401 (2018) calls for an immediate nationwide cessation of hostilities. A strong monitoring mechanism is needed urgently in order to ensure implementation. We agree with the French proposal in that regard. Since the adoption of resolution 2401 (2018), air strikes have continued, even increased, especially on eastern Ghouta. We hear the Russian Federation say that those strikes are targeted at terrorists. However, we underline once more that the exemption to the ceasefire for attacks directed at United Nations-listed terrorist groups does not provide an excuse to ignore the basic principles of distinction, proportionality and precaution. According to the latest report of the Commission of Inquiry, the siege of eastern Ghouta continues to be characterized by the use of prohibited weapons and attacks against civilian and protected objects, which we condemn in the strongest terms. 12/03/2018 The situation in the Middle East S/PV.8201 18-06756 21/23 We also condemn the shelling of Damascus from eastern Ghouta. We call upon all parties to abide by their obligations under international humanitarian law at all times. Special Envoy Staffan de Mistura should facilitate negotiations between armed opposition groups, the Syrian regime and Russia in order to advance the implementation of resolution 2401 (2018). One concrete and helpful step is to evacuate United Nations-listed terrorist groups from eastern Ghouta. A first evacuation of 13 imprisoned terrorist fighters reportedly took place last Friday. It is crucial that any evacuation of armed fighters take place in a safe and orderly fashion. We call on the United Nations to prepare for putting in place the necessary monitoring mechanisms in that regard. We call on Russia to accept the offer of the Special Envoy to facilitate further evacuation of United Nations-listed terrorist groups from eastern Ghouta. Civilians should never be forced to leave against their will. Forced displacement may constitute a war crime. On my third point, the credibility and accountability of the Council, despite the unanimous adoption of resolution 2401 (2018) we have seen no cessation of hostilities. We have seen no significant improvement in the humanitarian situation on the ground in Syria. This also has a negative impact on the credibility of the Council. It is vital for the functioning of the rules-based international order that decisions of the Council be respected and implemented. As a Council, we have a collective responsibility for the maintenance of international peace and security. However, we should not forget that the responsibility and, indeed, the obligation to execute its decisions lies with individual Member States. The human suffering in Syria, especially in eastern Ghouta, must end now. We need a full cessation of hostilities in all of Syria, including eastern Ghouta, Idlib and Afrin. And we call on the Russian Federation in particular to use its influence and to do its utmost to achieve that, thereby also upholding the Council's credibility. In conclusion, the siege of eastern Ghouta is entering its fifth year. The war in Syria will enter its eighth year later this week, on 15 March, as others have noted. One wonders how the Syrian regime thinks to ever achieve the legitimacy to govern the people it now pounds into submission or death. As the High Commissioner for Human Rights stated during the thirty-seventh session of the Human Rights Council, "what we are seeing in eastern Ghouta are likely war crimes and potentially crimes against humanity". The perpetrators of these crimes must know they are being identified, that dossiers are being built up with a view to their prosecution, and that they will be held accountable for what they have done. We thank the Independent International Commission of Inquiry on the Syrian Arab Republic for its important work to date. We recall the resolution of the Human Rights Council of 5 March, which calls on the Commission to investigate the situation in eastern Ghouta. We call on all Council members to support the referral of the humanitarian catastrophe in Syria to the International Criminal Court. We also urge all States to increase their support for the International, Impartial and Independent Mechanism for the Syrian Arab Republic. For now, however, our common efforts should be directed at securing immediate relief for those millions in Syria in urgent need of humanitarian assistance. For that, we need the cessation of hostilities to be implemented immediately and in a sustained manner. We need a continuous pause in the fighting of 30 days, as demanded by resolution 2401 (2018). If its implementation continues to fail, that will require a response from the Council that goes beyond where we stand now. We thank the Secretary-General for his perseverance and endless efforts to uphold the norms and values of the Charter of the United Nations, international human rights law and international humanitarian law, as well as to promote compliance with resolution 2401 (2018). We call on all Council members to follow his example. I now resume my functions as President of the Council. I wish to again remind all speakers to limit their statements to no more than five minutes in order to enable the Council to carry out its work expeditiously. I now give the floor to the representative of the Syrian Arab Republic. Mr. Ja'afari (Syrian Arab Republic) (spoke in Arabic): I will not begin by commenting on the procedural point that you have raised, Mr. President, but rather I will focus on the essential issues that S/PV.8201 The situation in the Middle East 12/03/2018 22/23 18-06756 are supposed to be of interest to the members of the Security Council. I welcome the Secretary-General and note the statement at the outset of his briefing that the Secretariat does not have all the necessary information to carefully access the situation on the ground because the United Nations does not have a presence in all areas. The Secretariat humbly and politely said those words, noting that it does not have full, relevant information pertaining to the Syrian situation, although the United Nations has a branch of the Office for the Coordination of Humanitarian Affairs in Damascus and there are dozens of United Nations agencies operating in Syria, in addition to 13 international non-governmental organizations also operating there. However, some of our colleagues in the Security Council, who have shut down their embassies in Damascus and are now completely disconnected from credible information, instead rely on information from what is known as open sources. They have provided a vast amount of information that would never serve the interests of the Syrian people or of those present in such an important and significant discussion. That information is misleading and could poison the atmosphere and fuel sedition regarding the role of the Security Council, which is mandated to maintain international peace and security. The Syrian Government stands ready to engage seriously with positive international initiatives that serve the interests of the Syrian people, especially in ending the bloodshed throughout Syria, as stated in resolution 2401 (2018). My country has expressed its satisfaction with resolution 2401 (2018), particularly the positive provisions contained therein. In that regard, my country confirms that it has taken all the following procedures to relieve the suffering of our people in eastern Ghouta. First, immediately after the adoption of resolution 2401 (2018), hostilities were ceased on a daily basis from 9 a.m. until 2 p.m, Damascus local time, and remain so to this very moment, with the aim of delivering humanitarian aid and ensuring the unimpeded and safe exit of civilians from the areas controlled by terrorist groups. Secondly, two safe humanitarian corridors have been opened for civilians wishing to exit the area. Thirdly, two joint United Nations-International Committee of the Red Cross convoys, in collaboration with the Syrian Red Crescent, were sent to eastern Ghouta on 5 and 9 March. Notwithstanding the foregoing, all those procedures have been countered by the terror of armed organizations present in Ghouta. Incited by their masters — some of them, unfortunately, members of the Security Council — these organizations have targeted civilians in Damascus since the beginning of the year, firing more than 2,499 missiles and mortars that have claimed the lives of 70 civilian martyrs and injured 556 people. Those organizations have prevented our people in eastern Ghouta from leaving in order to continue to use them as human shields and material for humanitarian and media blackmail. They have even targeted those who managed to escape towards the two corridors by firing bullets and missiles. The latest incident in Syria occurred on 8 March, when the so-called Faylaq Al-Rahman — one of the terrorist arms of the petty State of Qatar in Syria — targeted a civilian convoy heading towards one of the corridors, leading to high casualties among civilians. By the way, that terrorist organization, Faylaq Al-Rahman, has been hailed by some of those present because of its readiness to implement resolution 2401 (2018). They presented it as a part of the moderate Syrian opposition, and distributed a letter signed by that and other terrorist organizations, addressed to the Secretary-General. That is the modus operandi of the Security Council with terrorist groups. The procedures taken by the Syrian Government are not limited to eastern Ghouta. Over the past few days, the Government has undertaken a number of other procedures. First, we have requested that the United Nations and a number of humanitarian organizations immediately send a mission to investigate the humanitarian situation in Raqqa, which was destroyed by the International Coalition led by the United States of America. Secondly, we have requested approval to send humanitarian convoys to the Rukban camp, provided that the aid is delivered and distributed by the Syrian Red Crescent and the Red Cross exclusively, and not by the United States occupation authorities or the terrorist groups in Rukban camp and Tanaf area. Thirdly, two days ago the Syrian Red Crescent obtained Government approval to send convoys to Ghouta, Raqqa, Afrin and Rukban. To date, it has not sent the convoys to Rukban and Afrin because the United Nations failed to ensure the necessary safeguards from the United States and Turkish occupation forces. That is the reason. 12/03/2018 The situation in the Middle East S/PV.8201 18-06756 23/23 With every advance by the Syrian Army against terrorist groups in any given area, the States sponsoring terrorism launch heated disinformation campaigns to distract the world from the terrorism, aggression and occupation against Syria. The inference is that those countries have never been keen to protec the lives of civilians, but prefer to protect their investments in terrorism after they have spent billions of dollars on it, as was said by the previous Prime Minister of Qatar, in order to recycle terrorism elsewhere in Syria. The behaviour that I have mentioned is not limited to State-sponsored terrorism, unfortunately. It has even been demonstrated by some senior officials of the Secretariat. We had hoped that the Secretariat, especially in the light of the second preambular paragraph of resolution 2401 (2018), would provide an unequivocal legal description of the crimes committed by the so-called International Coalition led by the United States against our Syrian people in Raqqa and other places, and the procedures to ensure the end of that aggression. We had also hoped that the Secretariat would provide us with an unequivocal legal description of the acts of invasion by Turkish forces of a precious part of our national territory, especially against our civilian people in Afrin, and the procedures to ensure the end of the Turkish aggression. We had also hoped for an unequivocal legal description of the presence of the United States forces on Syrian territory without the approval of the Syrian Government and the procedures to ensure the end of that occupation. The government of my country affirms its right to defend its citizens and combat terrorism in accordance with relevant Security Council resolutions, especially the second preambular paragraph of resolution 2401 (2018); fight all those who practice, fund and support terrorism; work towards restoring security stability and peace; and rebuild all that has been destroyed by terrorists and their masters. Finally, I have listened to my colleague the representative of the United States, who levels charges again and again against my country before all who are present and says that her country will take military actions against my country outside the legitimacy of the Council if chemical substances are used, just as its administration in Washington, D.C., did when it bombarded Al-Shayrat air base in my country last year. These irresponsible and provocative statements, which run counter to the Charter of the United Nations, are direct incitement to terrorist groups to use chemical weapons and fabricate anew all the evidence needed to accuse the Syrian Army, as they have done in previous times. I remind the representative of the United States that the former Joint Investigative Mechanism refused to take samples from Al-Shayrat air base because if it had done so it would have been categorically proved that the Syrian Government is not responsible for the incident in Khan Shaykhun. In fact, what the United States perpetrated against that Syrian air base was a full-fledged aggression. I call on the representatives of the United States, the United Kingdom and France to put an end to their violations of Security Council resolutions related to fighting terrorism, and on their Governments to stop supporting the terrorist groups in my country and cease providing them with a political umbrella to pursue their crimes against the Syrian people. It is high time that the United States Administration learn from its mistakes and stop repeating them. Is it not enough what they have done in Viet Nam, Iraq, Libya, Somalia and Yemen, invoking very cheap lies that have already been condemned and denounced by international public opinion? In this regard, I recall the words of Naguib Mahfouz, the Nobel laureate: "They are liars, they know they are liars, and they know that we know that they are liars. However, they still lie, and very loudly so." In conclusion, the Russian Centre for Reconciliation of Opposing Sides in the Syrian Arab Republic issued a statement a few minutes ago that street battles have begun in Ghouta, following the demands for the separation of the aforementioned Faylaq Al-Rahman and Jabhat Al-Nusra. This current street fighting impedes the evacuation of civilians who are forced to find safe haven underground in Ghouta. The President: There are no more names inscribed on the list of speakers. I now invite Council members to informal consultations to continue our discussion on the subject. The meeting rose at 1.20 p.m.
Building upon research done by Carl J Richard, and Ricardo Herrera, this research paper will discuss how the Ancient Greek and Roman ideals that Alden Partridge was exposed to through his life growing up in close proximity to the time of the American Revolution and resulted in his development of a values based educational system that would produce citizen soldiers who would be able to serve their country both in the military and civilian sectors. ; Winner of the 2021 Friends of the Kreitzberg Library Award for Outstanding Research in the University Archives category. ; There is Nothing More Inherently American: How the rebellion of Alden Partridge and Greek and Roman influences lead to the rejuvenation of the American education system Alex Rollins Professor McCann HI 243 Historical Methods 4 December 2020 1 Alden Partridge believed that the future of the new American Republic would be secured or lost as a result of the education of its youth. Living in a time of great reform and turmoil in the first 50 years after the founding of the American Republic, Alden Partridge was subject to the same influences of the Founding Fathers: The Ancient Greeks and Romans. The ideals of the Ancient Greeks and Romans penetrated the core of the educational curriculum that most European men received in the late 18th and early 19th centuries and served as the catalyst for the fight against British tyranny in the American Revolution. Partridge was a product of Dartmouth College and the United States Military Academy at West Point and was a man that was so radical that he was removed from his position of Superintendent at West Point by a Summary Court Martial in 1818. Despite his humiliation at the United States Military Academy, Partridge still retained his passion of educating the American youth. Partridge made the decision to create his own institution, the American Scientific and Literary Academy in Norwich Vermont in 1819 which is now known as Norwich University. Building upon research done by Carl J Richard, and Ricardo Herrera, this research paper will discuss how the Ancient Greek and Roman ideals that Alden Partridge was exposed to through his life growing up in close proximity to the time of the American Revolution and resulted in his development of a values based educational system that would produce citizen soldiers who would be able to serve their country both in the military and civilian sectors. Partridge embedded the Ancient Greek and Roman principles of individual freedom, duty to state, civic virtue, and ardent patriotism in order to create an educational system that prepares 2 ndividual citizens and aimed to ultimately "qualify them for all of those high responsibilities resting upon a citizen of this free republic." 1 Alden Partridge was a product of the time in which he lived: The age of the early American Republic. Hailing from Norwich Vermont, Partridge was educated in the "neighborhood schools" surrounding the town.2 Partridge eventually gained admittance to Dartmouth College, where he was introduced into "the mainstream of intellectual thought of the eighteenth century."3 While attending Dartmouth, Partridge developed expert level proficiency in Latin and Greek classics, arithmetic, grammar, and reading in a colonial era grammar school.4 These schools were known for having a "uniformed and standardized" education that was centered around knowledge in Greek and Latin as those languages were seen as the keys to college admission at the time.5 Like most children at the time who attended these school, Partridge most likely received instruction in arithmetic, Euclid's books, became familiar with the works of Virgil, Horace, Homer, and Xenophon, and Cicero's orations. Partridge would have been bombarded with classical influences and would have most likely developed an appreciation for living a moral and virtuous life like most Greek and Roman works compel their audience to do. Partridge Despite being a gifted academic blessed with the ability to teach, Partridge was drawn towards service to his community in the militia. Desiring to follow in his father and uncle's footsteps, Partridge joined the Regiment of Artillerists and was ordered to attend the United States Military Academy at West Point in the years immediately following its founding in 1802.6 While at West Point Partridge received training in military engineering and gained such a 1 Norwich University Cadet Handbook, iii. 2 Baker, "The Partridge Connection", 1. 3 Baker, "The Partridge Connection", 1. 4 Baker, "The Partridge Connection", 2. 5 Gummere, The American Colonial Mind and the Classical Tradition, 55. 6 Baker, "The Partridge Connection", 3. 3 profound proficiency that he was later asked to instruct military engineering following his commissioning as an officer. He became proficiency in all aspects of military engineering, the employment of field artillery and infantry operations. While attending West Point, Partridge noticed several problems with the education system. Partridge wanted to ensure that a commission would only be given when one's studies are complete and thought that there needed to be tougher academic regulations to obtain a degree from the institution. Partridge contributed a great deal to West Point including introducing moral education and instruction in the application of living a life based off of the values of duty, obedience, and "morality, virtue and honor." 7 Alden Partridge excelled during his time instructing at West Point and took great strides to improve West Point in order to further the developments of the cadets and in his mind, ultimately secure the safety of the early American Republic. At the end of 1814, Partridge traveled to Washington DC to meet with Secretary of War Monroe about pushing more funding towards West Point and providing more support to the changes that he desired to make. When he returned to West Point however, Partridge found that "reports injurious to his reputation had been industriously circulated" and the faculty had begun to enact a plan to change the philosophy and overall purpose of West Point.8 These men included Andrew Ellicott, Jared Mansfield, and CPT David B. Douglass and their goals included to convert West Point into a civilian run school where the instructors would not be military officers.9 Their overall redesign of the institution included removing the Corps of Engineers as the primary operators of the school, introduce an entirely civilian staff, and to redesign the training process to prioritize developing engineers to serve the nation rather than military 7 Webb, Captain Alden Partridge and the United States Military Academy, 1806-1833, 203. 8 Webb, Captain Alden Partridge and the United States Military Academy, 1806-1833, 33. 9 Webb, Captain Alden Partridge and the United States Military Academy, 1806-1833, 51. 4 officers. 10 These three men pushed for Partridge to be court martialed under these 4 charges: 1.) Neglect and unofficer like conduct, 2.) Four accounts of unofficer like conduct that were to the "prejudice of good order and military discipline" for showing favoritism to cadets, 3.) Disobedience to orders for contradicting an order from a general officer and the President, and 4.) Mutiny, and the beginning and exciting mutiny.11 The Court martial which charged Alden Partridge of these crimes forced his departure from the United States Military Academy at West Point and serves as the mark of his new beginning as a civilian. After settling into civilian life, Partridge wrote President Monroe in November of 1820, "My employment since I left military service, I believe has been both honorable to myself and useful to my country and I now find myself placed at the head of a Seminary, founded by my own Exertions, and the first of the kind established in the United States-the Superintendency of which I hold, not at the option of any Human Being."12 This seminary is referring to the American Literary, Scientific and Military Academy, which became known as Norwich University. Partridge's Academy mirrored the educational background of the Ancient Greeks and Romans and was subjected to the influence of classical ideals of civic virtue, and duty to state that perpetrated educated men during the time of the Early American Republic. Partridge claimed that "In organizing the plan for this institution, I have taken for my guide, in part, the Constitution of the United States", a document filled with Roman Republican values.13 Partridge hoped to instill those values of duty to state and enthusiastically supported how the Constitution supported how all citizens should be used as a force to protect not only their own interests, but 10 Webb, Captain Alden Partridge and the United States Military Academy, 1806-1833, 52. 11 Baker, "The Partridge Connection", 89. 12 Baker, "The Partridge Connection", 109. 13 Baker, "The Partridge Connection", 138. 5 also serve as a vanguard against tyranny and control by elites. When the Constitution was written, it was the "time when the influences of the classics was at its height." 14 Drawing from their Classical education, the Founding Fathers relied heavily on the structure of the Roman Republic when designing the structure of the American experiment in liberty. The forefront of the Republican ideology that was present during this time was a counterculture movement against monarchical governments. The Founding Fathers were inspired by the stories of Sparta portrayed by Aristotle to "create a republic [established] on the natural rights of the citizen, even while urging the sacrifice for the common good."15 The Spartan state connected the concept of citizenship to the republican concept of duty to the state. Partridge, much like the Founding Fathers, admired "the Spartan's intense military training" which was the medium through which a Spartan citizen, much like an American one, carried out his duty to the state.16The Spartan State required all military aged males to undergo intense military training throughout the course of their youth because "individual Spartans could be conscripted by the state at any moment and could only be freed [from their duties] by the state" to return to society as normal citizens. Partridge followed a similar ideology within his citizen-solider concept that he wished to instill at his institution. Partridge believed that the American people should be "an informed people [who could] protect their liberties" which would be enabled through his scientific military instruction.17 Partridge also intended for his students to maintain a "Spartan life" which would force those students to focus on their studies both academically and militarily.18 14 Gummere, The American Colonial Mind and the Classical Tradition, 174. 15 Richard, Greeks & Romans Bearing Gifts, 23. 16 Richard, Greeks & Romans Bearing Gifts, 31. 17 Baker, "The Partridge Connection", 139. 18 Baker, "The Partridge Connection", 139 6 The Roman concept of citizenship lay in being an individual who held themselves to high moral standards, opposed corruption, defended liberty, and believed in their service to the state. Partridge held similar thoughts. In the 1820 prospectus for the A.S.L.M., Partridge outlined the classes that would meet his desired end state of creating model citizen-soldiers. Those classes included instruction in Latin and Greek, the sciences, History, logic, artillery gunnery, military tactics, and the ancient tactics of the phalanx and the legion to provide historical context as to how the US military has evolved while still retaining its classical influences. Partridge's citizen soldier concept was no doubt influenced by Cincinnatus, the Roman epitome of civic virtue and citizen-soldiery and the impact that he had on the Founding Fathers and the founding of the United States. Cincinattus was a Roman statesman who seized the reins of power to fight an invading army in a time of crisis and then voluntarily gave the up to return to his farm. Just as Patrick Henry believed that the fighters of the revolution were "sons of Cincinnatus…that served their country without ruining it", Partridge's institution would develop the same caliber of individual, who upon graduation would be postured to serve as a leader in the militia and his community.19 American soldiers in the years of the Early Republic embraced the ideas of liberty, citizenship, republicanism, and democracy. These ideals were utilized in the curriculum at Partridge's Institution which he linked to the aspect of serving in the military and helped develop as the corner stone of the military and overall American ethos. Partridge believed strongly in military service acting as the platform from which moral education is built on which aligns with the Roman principles of civic virtue and the Greek ideals of protecting individual liberty. Partridge sought to develop the American spirit which collectively resides in fighting 19 Richard, Greeks & Romans Bearing Gifts, 125. 7 tyranny as a soldier, and then having the ability to return to society after service to better the nation in a different capacity. Partridge was a devout believer in the fact that military service is "basic to the very definition of American Nationalism" and helped American citizens define their relationship to the American Republic.20 Partridge stated in his Lecture on National Defense that "The liberties of Romer were safe, while every Roman citizen considered and felt himself a soldier."21 Using the same logic, Partridge sought secure the liberties of the American citizen at his institution by placing the Citizen-Soldier concept as the cornerstone of his curriculum. While this idea of having a militia composed of individual citizens was the key to America's success in its revolt against Britain, it was not a popular idea at the time. In a correspondence on the subject of Partridge's Lecture on Defense between William Sumner the Adjutant General of the Commonwealth and John Adams, the former President of the United States, Sumner presents his distaste of having a organized militia. Sumner stated that a "Militia, however large, never can be; for it is composed of citizens only, armed [and trained] for the preservation of their own privileges."22 Partridge did not agree with that belief at all. In fact Partridge made it where citizen-soldiers trained at his institution would identify with the concepts of self-sacrifice and catering towards the needs of the community and ultimately the state "became the touchstones of republican virtue and self-worth."23 In his Lecture on Education, Partridge highlighted that he would develop citizen-soldiers and fix the issues that he saw at West Point and in the American Education System as a whole. 20 Herrera, For Liberty and the Republic, 87. 21 Partridge, "Lecture on Defense", 2. 22 Adams, Partridge, and Sumner, Observations on National Defence, Drawn from Capt. Patridge's Lecture on That Subject, and from Gen. Sumner's Letter to the Venerable John Adams, on the Importance of the Militia System, 20. 23 Herrera, For Liberty and the Republic, 87. 8 Partridge's lecture on education presents the argument that investment in the elementary education of the American Youth is paramount because it is "the rising generation that we are to look for the future guardians and protectors of the inestimable rights and privileges."24 Partridge states that he does not believe that education should be tailored to any specific job but instead believes that education should be tailored to prepare "a youth in the best possible manner for the correct discharge of the duties of any situation that he may be placed."25 Partridge cites 6 major deficiencies in the education system. The first deficiency that Partridge highlights is that the education system is "not sufficiently practical, nor properly adapted to the various duties an American citizen may be called upon to discharge."26 Partridge observed that the American youth who were "destined for a liberal education"27 would be required to study Greek and Latin more than they were required to study their native language of English which he believed to be extremely impractical. Partridge states that while the youth are required to gain proficiency in dead languages, they are not taught relative subjects such as government, international relations, and physical fitness. These are all subjects that the American youth must be proficient in to be productive citizens in the civilian sector of society or to be the "defender of their countries rights and the avengers of her wrongs" as leaders in the military."28 Partridge asserts that if the education system does not set up American citizens to perform their duty and contribute to society, then it is nothing short of defective and sets America up for failure. Partridge notes that there is additionally a neglect of physical fitness and physical education within the American education system. Identifying physical fitness as an "absolute 24 Partridge, Lecture on Education, 1. 25 Partridge, Lecture on Education, 2. 26 Partridge, Lecture on Education, 2. 27 Partridge, Lecture on Education, 2. 28 Partridge, Lecture on Education, 2. 9 necessity," Partridge believes that a citizen's ability to endure fatigue and their ability to take care of themselves is critical to the creation and maintenance of the American workforce. 29 In order to have a strong, productive workforce, Partridge believes that it is up to the individual citizen to maintain a high level of physical fitness so that they do not "prematurely die or linger out a comparatively useless and miserable existence."30 Partridge additionally believes that it is important for citizens to be able of "enduring exposure, hunger, and fatigue."31 Partridge links one's ability to exert themselves physically to their ability exert themselves mentally and asserts that a strong body houses a strong mind. Partridge additionally identified that the current system of education fails to manage time adequately and creates an environment that fosters a sense of idleness and lackadaisicalness. Partridge believed that with proper time management, that the American youth could occupy their time with productive activities that reinforce what they are learning in the classroom. Fourthly, Partridge claims that students should live frugally while obtaining their education. He believes that access to more wealth allows students to live extravagant lifestyles that are "highly injurious" to the individual and are not conducive to a productive academic environment.32 Partridge states that giving youths money "and allowing them a portion of idle time and it may be viewed as a miracle if a large portion of them do not become corrupt in morals.[and] they are prepared to become nuisances" to society and not benefit the greater good.33 Fifthly, Partridge highlights that all students should not be required to pursue the same courses of study as everyone has their own strengths and weakness. Partridge believes that when 29 Partridge, Lecture on Education, 2. 30 Partridge, Lecture on Education, 3. 31 Partridge, Lecture on Education, 3. 32 Partridge, Lecture on Education, 4. 33 Partridge, Lecture on Education, 4. 10 one is forced to pursue a course of study that does not interest them that they will never excel in that field, achieve a state of proficiency in the subject, and will develop a general disdain to engage in academic activities. Finally, Partridge states that he does not believe there should be a set time limit to complete one's education and advocates for one to be able to work at their own pace. According to Partridge it is pertinent that a student is able to progress as quickly or as slowly as he or she wants so that they develop a "thorough understanding of the subject" that they choose to pursue. 34 Partridge sought to fix the deficiencies he presented in his lecture in his own institution where he would integrate military discipline and organization, the instruction of military science, history, and general sciences within the academic environment. It is through military organization and discipline that Partridge hopes to instill the Roman traits of honor, manliness, and obedience in the individual citizen to aid in his/her success in the academic environment. The instruction of military science reinforces the fostering of the traits of a soldier and strengthens the skill of the militia to eliminate the need of a large standing army that has the potential to infringe on the freedoms of the American citizen. Partridge believed heavily in incorporating the study of history to supplement the instruction of military science by providing case studies and context as to why military operations are conducted in the manner that they are and highlight the principles on which victory is created. Through this integration of military science, history, and general science instruction, Partridge hoped to increase the financial stability of the early American Republic by lowering defense spending and thereby decreasing 34 Partridge, Lecture on Education, 4. 11 national debt. Partridge's educational model would achieve this as a result of military training/defense spending would be tied to the general education of the American population. In examining whether the ideals of the Ancient Greeks and Romans influenced Alden Partridge, it is difficult to say given the time and access needed to peruse hundreds upon hundreds of documents. Partridge's life was devoted to the education of America's youth because he believed that the success of the American Republic pivoted on the education of the youth. It can safely be asserted that Alden Partridge's educational ideology correlates with the Greek and Roman values of civic virtue, and duty to state; however, correlation does not equal causation. In examining three archival sources from the Partridge Papers and other secondary sources pertaining to the subject of the early American Education system and Classical Education as a whole it can only be asserted that if Partridge was subject to Ancient Greek and Roman ideals, then they implicitly impacted his plan to rejuvenate the American system of education along with his experiences both good and bad instructing at the United States Military Academy at West Point. 12 Annotated Bibliography Archival Sources from Norwich Partridge, Alden. The Partridge Papers. 5th Floor Special Collections. Norwich University Archives, Kreitzberg Library, Norwich University, Northfield, Vermont, United States. • Partridge, Alden. Lecture on Education, 1828. 5th Floor Special Collections. Norwich University Archives, Kreitzberg Library, Norwich University, Northfield, Vermont, United States. • Partridge, Alden. Lecture on National Defense, 1824. 5th Floor Special Collections. Norwich University Archives, Kreitzberg Library, Norwich University, Northfield, Vermont, United States. • Observations on National Defense, Drawn from CPT Partridge's Lecture, 1824. 5th Floor Special Collections. Norwich University Archives, Kreitzberg Library, Norwich University, Northfield, Vermont, United States. These sources from the Partridge Collection at the Norwich University Archives provide Partridge's opinion on education, national defense, and the opinion of other key players in American history such as John Adams and John C. Calhoun regarding Partridge's idea of national defense. These sources are very cut and dry in addition to being easy to read and are critical to my research as they present the revolutionary ideas of the citizen-soldier concept and Partridge's educational reform straight from the man himself. Primary Sources Painter, Jacqueline S., Dean Paul. Baker, and United States. Army. Court-martial (Partridge : 1817). The Trial of Captain Alden Partridge, Corps of Engineers: Proceedings of a General Court-Martial Convened at West Point in the State of New York, on Monday, 20th October 1817, Major General Winfield Scott, President. Norwich University Library Occasional Paper; No. 3. Northfield, Vt.: Friends of the Norwich University Library, 1987. This source is the transcript from the court-martial of CPT Alden Partridge that led to his dismissal as superintendent of the United States Military Academy at West Point. This transcript is critical to my research as it gives historical context to a key event in CPT Partridge's life that pushed him to go out and create his own educational institution. This source reveals the immense controversy that surrounded the case and highlights a key time in the development of American Military education. 13 Secondary Sources Baker, Dean Paul. "The Partridge Connection: Alden Partridge and Southern Military Education," (PhD diss., University of North Carolina at Chapel Hill), 1986. This is a dissertation that was submitted to UNC Chapel Hill to satisfy the requirements for a History PhD for Dean Paul Baker. The fifth chapter titled "The Captain's Academy" provides a unique presentation of how Partridge's Academy fits in the larger picture of American Education at the time of the early 19th century. Baker additionally covers how Partridge spearheaded educational reform and inspired others to do so. Baker highlights while Partridge's academy specialized in training military leaders, its greatest contribution to society was training men for civilian careers. Harmon, Ernest N. Norwich University: Its Founder and His Ideals. Newcomen Address, New York: Newcomen Society in North America, 1951. MAJ. GEN. Ernest Harmon was the Professor of Military Science and Commandant of Cadets at Norwich University from 1927-1931. This is a small 31 paged primary source document that explains the founding of Norwich University and how it has contributed to American success both on the battlefield and on domestic soil. This document provides a look as to how the leader of Norwich University as an institution views the ideals of Alden Partridge and additionally provides an overview on Norwich's establishment following Partridge's removal from West Point. Hanson, Victor Davis., and John Heath. Who Killed Homer?: The Demise of Classical Education and the Recovery of Greek Wisdom. 1st paperback ed. San Francisco [Calif.]: Encounter Books, 2001. Victor David Hanson is a Professor of Greek at California State University at Fresno and is a renowned author, military historian. He additionally holds a PhD in the classics from Stanford University. Who Killed Homer? describes the importance of understanding Greek culture and its contribution to the development of the United States and Western Civilization as a whole. The second section of the work is entitled "Thinking Like a Greek" and provides a clear and concise overview of what ideas and ideology is considered to be "Greek" and gives a broad context as to the Greek influences on one's life. This is critical to this paper as it presents Greek ideas and ideology simply as interpreted by a leading expert in the Ancient Greeks. Herrera, Ricardo A. For Liberty and the Republic: The American Citizen as Soldier, 1775-1861. 1 online resource. vols. Warfare and Culture. New York: New York University Press, 2015. Ricardo Herrera is an associate Professor at the US Army Command General Staff College. This source relies primarily on unpublished manuscript sources to convey the ethos of the citizen soldier concept from America's birth to the breaking of the Civil War. Herrera goes into great detail as to how in the mind of an American, the idea of citizenship is closely linked 14 with being a soldier. This source is pertinent in my research because it displays how in early American History, the ideals of liberty, citizenship, republicanism, and democracy are linked to serving in the military. The identification of these ideals in the citizen-soldier ethos can be utilized to highlight similarities to the ethos that existed in Ancient Greek/Roman society and that has transcended the Hellenic age to the time of America's birth and the early 19th century when Alden Partridge founded his academy. Howe, Daniel. "Classical Education in America." The Wilson Quarterly (1976-) 35, no. 2 (2011): 31–36. The focus of this source is how classical education has developed and been implemented throughout America History starting just after the Revolution. The article gives a fantastic overview of how classical ideas influenced the creation of America and remained a cornerstone from which the republic was developed. I plan to implement this source in my research by using it to provide an overview of how classical ideas remain present during the time of Alden Partridge, and how they influenced his upbringing and his personal education in the late 18th and early 19th centuries. Gummere, Richard M. The American Colonial Mind and the Classical Tradition : Essays in Comparative Culture. Cambridge, Mass.: Harvard University Press, 1963. https://doi.org/10.4159/harvard.9780674284531. This source is a compilation of essays that discuss how the classical tradition influenced Colonial Americans. One essay is entitled "Colonial Reactions to a Classical Education" and discusses the classically based curriculum of the colonial grammar schools. Highlighting the emphasis placed on reading Greek authors such as Homer, Xenophon, Euclid, and developing an appreciation for learning Greek and Latin, this chapter aids me in my research paper by providing a detailed look as to what the curriculum of the early classical schools were and helps me develop a better picture of what Partridge's education was as an American youth. Norwich University Cadet Handbook. The Office of the Commandant, 2020. This is the handbook with all of the knowledge that is required to learn as a first-year cadet at Norwich University. The Office of the Commandant releases a new one each year. In this book you will find the Norwich Cadet's Creed, a brief history of Norwich University, a list and brief bio of the medal of honor winners and other things such as that. 15 Richard, Carl J. Greeks & Romans Bearing Gifts: How the Ancients Inspired the Founding Fathers. 1st Edition. Rowman & Littlefield Publishers, 2009. Carl J. Richard is a professor of history at the university of Louisiana. This source explains how the Founding Fathers of the United States were influenced by their education in the Greek and Roman Works. Richard explains that the ideals of civic virtue, individual liberty, checks and balances on government, were derived from the classics and aided the Founding Father's in their incitement of revolting against tyranny. This source critical to my research because it specifically outlines what about the Greeks and Romans influenced the creation of America and will provide ample amounts of evidence that I can tie to the ideology that Partridge shares with the Founding Fathers. Thelin, John R. A History of American Higher Education. Baltimore: Johns Hopkins University Press, 2004. This source covers the overview of higher education in America from the founding of colleges in the colonial era to the 21st century. This source goes into detail as to the curriculum and teaching methods utilized at early American universities such as Dartmouth, Alden Partridge's Alma Mater prior to attending the United States Military Academy at West Point. I plan to utilize this source in my research paper to provide insight as to what Partridge's educational experience was like at Dartmouth and sheds light as to what the potential influences are on his educational philosophy that was considered so radical at the time. Urban, Wayne J., and Wagoner, Jennings L., Jr. American Education: A History. London: Taylor & Francis Group, 2013. Accessed November 5, 2020. This source covers the history of American education from the precolonial era to the twenty-first century. The source develops a whole chapter to the development of the education system from 1776-1830 entitled "Education and the Building of a New Nation" that covers the influences of classical education on the development of civic virtue and duty to state that Partridge sought to instill in his students at his institution. The author covers the classical influences on the enlightenment that perpetrated the thoughts of the founders of America and explains how those classical ideas remained tied to the development of citizens within the educational system. I plan to use this work in my research paper by using it to explain the type of school that Alden Partridge attended and to show how common the proliferation of classical ideals were in 18th-19th century society . 16 Webb, Lester A. Captain Alden Partridge and the United States Military Academy, 1806-1833,. Northport, Ala.: American Southern, 1965. This source is a biographic overview of Partridge's upbringing in the Vermont frontier all the way to when he was fired at West Point. Lester Webb presents a thoroughly researched work that compiles information from varying primary sources regarding Alden Partridge and his career as a teacher of mathematics and military science. I plan to incorporate this source in my research paper by using it to help me provide context as to how Alden Partridge was brought up and to help me describe what educational influences he was subject to since not much is known about his childhood. Wood, Gordon S. The Idea of America: Reflections on the Birth of the United States. Penguin, 2011. Gordon S. Wood is a Pulitzer Prize winning historian that has written several books on the American Revolution. This work focuses on the emphasis that Ancient Greece/Rome played in the development of the American Republic and how education is a cornerstone of creating citizens and instilling a sense of pride and involvement in the activities of one's nation. I plan to implement this work in my research by using it to draw parallels between the ideals of the Greeks and Romans that the ideal of America was based on and the educational ideals and citizen soldier concept developed and implemented by CPT Alden Partridge.
