BACKGROUND Novel or new psychoactive substances (NPS), also known as designer drugs and research chemicals, represent a relatively recent phenomenon which can be traced back to the last decade or even earlier. The growth of this phenomenon and its electronic trade (e-trade) has been logarithmic and alarming; its aftermaths are not limited to; the economy, individual and public health, or illicit drug trade. The discipline of NPS has been extensively studied since 2010. However, there are still deficits in; data from the Middle East and the developing world including Arabic countries (1), application of data science and inferential hypothesis testing (2), implementation of the principles and theories of social science (3), utilization of experimental designs including randomised controlled trials (RCT) and quasiexperimental studies (4), and ultimately the enactment of real-time web analysis and the realization of tools of knowledge discovery in databases (5). AIM AND OBJECTIVES This study will implement an innovative research approach by combining observational analyses and data science; the aim is to provide generalizable (inferential) data in relation to NPS e-commerce activities on both divisions of the web, surface and deep. The pinnacle objective is to; assess the proportional magnitude of NPS e-commerce activity in the Middle East (1), provide a thorough analysis of the e-vendors on the darknet, both globally and regionally (Middle East) (2), correlate change in trends of e-commerce with time (3), provide recommendations for future studies in relation to the ecommerce activity in the Middle East (4), and to discuss the colossal potential of data mining technologies (5). MATERIALS AND METHODS This dissertation embodies the integrative and combinatorial approach towards the investigation of the e-trade (e-commerce) of NPS; it is made of integrated studies allocated into eleven results chapters. The utilised investigative tools represent a mixed-breed of observational web analytics including; literature review (1), cross-sectional studies and surveys (2, 3), internet snapshots (4), retrospective analyses (5), and critical appraisal (6). These analyses took place in both appendices of the web (surface web and the anonymous deep web); the analyses specifically involved; Google Trends database (1), literature databases (2), drug fora (3), social communication e-media (3), news and media networks (4), Grams search engine of the deep web (5), the darknet and its e-marketplace (6), Alphabay, Agora, Valhalla, Hansa, other dedicated e-markets for NPS e-trade (7). Additional extrapolations were concluded via the use of surveys and e-surveys in a population of medical students from Iraq. The potentials for knowledge discovery in databases (KDD) were also discussed in all chapters. Each chapter was thoroughly investigated via; data science tools (I), inferential statistics and hypothesis testing (II). The latter was dependent on using the Microsoft Excel 2016, the Statistical Package for the Social Sciences (SPSS), and some online tools of data science. RESULTS AND DISCUSSION A systematic review of approximately 600 PubMed-indexed articles of NPS literature showed; attempts of NPS research started to evolve after 2010, almost one-third of the research output (36%) was of relevance to toxicology and analytic chemistry, while reviews and cross-sectional studies were less common (15%, 18%). The analysis of the individual basis of power showed that NPS researchers, legislators, and policymakers are lagging behind, whereas terrorist possesses the highest possible power. Power scores of e-vendors scored highest in the UK, US, and eastern Europe, while being almost absent in the Middle East. The complimentary usage of PubMed, drug fora, and Google Trends was successful in extrapolating the most trending and high-risk NPS; the contribution from the Middle East to incidents of intoxications and fatalities was absent except for Israel. Deep web analysis, including the darknet emarketplace, has shown that the contribution of the Middle East never exceeded 7% of the total etrade, data were limited to; Iran, Israel, Turkey, Afghanistan, Oman, United Arab Emirates, and Saudi Arabia. Other Arabic countries included; Egypt, Morocco, and Algeria. It was interesting to observe the e-vendors of NPS operating in the Middle East were highly involved in e-trade activities in other nations, primarily; the UK, Western Europe and Scandinavia, US, Canada, Australia, and New Zealand. Surveys and internet snapshots unveiled the lack of awareness and very low prevalence of (ab)use of NPS within the selected Iraqi population. Captagon was highly prevalent in the Middle East, unlike NBOMe and octodrine. In summary, the contribution from the Middle East was microscopic when compared to the developed world; it did not exceed 7% of the entire NPS phenomenon e-trade. Similarly, the NPS research in the region of the Middle East can be described to be in its infancy. The overall level-of-evidence of this dissertation is assumed to be of level-2b according to the classification system imposed by the Oxford Center for Evidence-Based Medicine (2009). CONCLUSION The growth of the NPS phenomenon, including the e-commerce and its links to terrorism, are reaching unprecedented levels. Unless some reasonable efforts and ingenious upgrades of the current research methodologies, the NPS trade and e-trade will continue to prevail rendering all its counter-attempts fade into dust; these attempts are not only limited to NPS research but also into; legislative actions, policy planning, and counter-terrorism. Upgrades should affect these front lines; increasing the quality and quantity of studies in developed countries including Middle Eastern and Arabic countries (1), incorporation of efficient use of data science and advanced web analytics (2), compulsory training of data science, biostatistics, and basic neuroscience for all NPS researchers, chemists, and toxicologists (3), validation and incorporation of data mining and real-time analyses (4), inclusion of the rarely-used experimental studies including RCTs, pragmatic RCTs, and animal modelling (5), enhancement and potentiation of internet snapshot techniques (6), and full exploitation of trends databases of the surface web (7). Perhaps, the integration of real-time data mining and data crunching, and inferential data science technique will represent the climax armament to antagonise the alarming e-trade.
BACKGROUND: Estonia, Latvia and Lithuania joined the EU in 2004 and had to increase tobacco excise rates. The aim of the paper is to explore the impact of tax policies on tobacco consumption, revenue and tobacco market in the Baltic countries. METHODS: Data on tobacco sales, tax rates, prices, smoking prevalence were taken from the EU and other databases and reports. Real (inflation and/or income adjusted) prices and tax rates were calculated. For most used indicators change over time was examined. RESULTS: Tobacco taxation policy had three similar stages in Baltic countries: 1) In 2004-2007 tax rates increased slowly and cigarettes became more affordable in years of economic boom. Tobacco consumption and smuggling out of Baltic countries was on the rise, which caused increase of tax-paid sales and revenues. 2) In 2008-2009, Baltic countries had to hike excise and VAT rates in years of economic recession, which caused sharp decline of cigarette affordability and consumption along with out-of-country smuggling which resulted in sales and revenue downfall in 2009-2010. 3) In 2011 economic situation improved and tobacco sales and revenue increased. The tobacco taxation policy in Baltic countries in 2004-2011 resulted in: 1) decline of total (licit + illicit) annual cigarette consumption by 30% both in Latvia and Lithuania, and by 10% in Estonia; 2) decline of daily smoking prevalence by 10-20%; 3) decline of the out-of-country smuggling; 4) almost no changes in volumes of smuggling into Lithuania and Estonia; 5) three-fold increase of the annual tobacco revenues in 3 countries combined. CONCLUSIONS: Decrease of tobacco affordability caused by tax hikes and economic recession was the key factor of tobacco consumption decline. Tobacco tax hike is a win-win policy, while in years of economic boom it has more fiscal benefits and in years of economic recession it has more public health benefits. ; АКТУАЛЬНОСТЬ: Латвия, Литва и Эстония присоединились к Европейскому Союзу в 2004 году, и это потребовало от них повышения акцизов на табак. Целью данной работы является анализ влияния налоговой политики на потребление табака, доходы бюджета и табачный рынок в Балтийских странах. МЕТОДЫ: Данные о продажах табачных изделий, уровнях налогов, ценах, доходах и распространенности курения были взяты из баз данных и отчетов. Индекс ценовой доступности табака вычислялся с учетом цен и ВНП. РЕЗУЛЬТАТЫ: Политика налогообложения табака имела три подобных стадии в Балтийских странах: (1) В 2004-2007 годах налоги увеличивались медленно, и на фоне экономического роста сигареты становились более доступными. Потребление табака и контрабанда из Балтийских стран возрастали, что приводило к росту продаж и доходов бюджета. (2) В 2008-2009 годах, на фоне экономического кризиса, Балтийские страны были вынуждены резко повысить акцизы и НДС, что привело к резкому снижению доступности сигарет, их потребления и продаж, а также некоторому снижению акцизных поступлений в бюджет в 2009-2010 годах, хотя во всех странах эти поступления в 2010 году были выше, чем в 2007. (3) В 2011 году экономическая ситуация улучшилась, продажи табака и доходы бюджета возросли. Политика налогообложения табака в Балтийских странах в 2004-2011 годах привела к следующим результатам: (1) общее (легальное и нелегальное) потребление сигарет сократилось на 30% в Латвии и Литве и на 10% в Эстонии; (2) распространенность ежедневного курения снизилась на 10-20%; (3) контрабанда сигарет из Балтийских стран сократилась; (4) уровни контрабанды сигарет в Литву и Эстонию почти не изменились; (5)ежегодные поступления в бюджет от табачных акцизов для трех стран вместе взятых, выросли втрое. ЗАКЛЮЧЕНИЕ: Снижение ценовой доступности табака, вызванное повышением налогов и экономической рецессией, стало ключевым фактором снижения потребления табака. Повышение табачных налогов является стратегией с двойной выгодой, при этом в годы экономического роста преобладающими являются финансовые выгоды, а в годы экономического спада – выгоды для общественного здоровья. КЛЮЧЕВЫЕ СЛОВА: табак; акцизный налог; Эстония; Латвия; Литва; Балтийские страны; ценовая доступность; распространенность курения; потребление табака; контрабанда табачных изделий. ; АКТУАЛЬНІСТЬ: Естонія, Латвія і Литва приєдналися до Європейського Союзу у 2004 році, що вимагало від них підвищення акцизів на тютюнові вироби. Метою цієї роботи є аналіз впливу політики оподаткування тютюну на його споживання, надходження до бюджету та ринок тютюнових виробів у країнах Балтії. МЕТОДИ: Дані стосовно продажів тютюнових виробів, податків, цін, надходжень і поширеності куріння брали з баз даних та звітів. Індекс цінової доступності тютюну обчислювали з урахуванням цін та ВНП. РЕЗУЛЬТАТИ: Політика оподаткування тютюну мала три подібні стадії у країнах Балтії: (1) У 2004-2007 роках податки зростали повільно, і сигарети ставали доступнішими на тлі економічного зростання. Споживання тютюну та контрабанда з країн Балтії зростали, що призводило до росту продажів та надходжень до бюджету. (2) В 2008-2009 роках під час економічної кризи країни Балтії були змушені суттєво підвищити акцизи та ПДВ, що призвело до зниження цінової доступності сигарет, їх споживання та продажів, а також до деякого зниження акцизних надходжень у 2009-2010 роках. Але в усіх країнах ці надходження 2010 року перевищували такі 2007 року. (3) В 2011 році економічна ситуація покращилася, продажі тютюну та надходження до бюджету зросли. Політика оподаткування тютюну в країнах Балтії в 2004-2011 роках призвела до таких результатів: (1) загальне (легальне та нелегальне) споживання сигарет скоротилося на 30% у Латвії й Литві та на 10% в Естонії; (2) поширеність щоденного куріння знизилася на 10-20%; (3) контрабанда сигарет з Балтійських країн зменшилася; (4) рівні контрабанди сигарет до Литви та Естонії майже не змінилися; (5) щорічні надходження від тютюнових акцизів до бюджетів трьох країн разом узятих, зросли втричі. ВИСНОВКИ: Зниження цінової доступності тютюну внаслідок підвищення акцизів та економічної кризи є ключовим фактором зниження споживання тютюну. Підвищення тютюнових податків є стратегією з подвійною вигодою, при цьому в роки економічного зростання переважають фінансові вигоди, а в роки економічної кризи – вигоди для громадського здоров'я. КЛЮЧОВІ СЛОВА: тютюн; акцизний податок; Естонія; Латвія; Литва; країни Балтії; цінова доступність; поширеність куріння; споживання тютюну; контрабанда тютюнових виробів.
THE USE OF NATURALLY OCCURRING MOOD- altering substances is deeply rooted in the traditions and cultures of many communities worldwide. As documented in other societies and historical records,1,2 various compounds have been employed for altering consciousness and for their curative effects.3 Two substances traditionally used in the Middle East include hashish and khat.4 Hashish, as cannabis, has been known in the region since ancient times.5 Khat, also known as chat, derived from the leaves and young shoots of the khat plant (Catha edulis), is used for its stimulant effect.6 Technological advances that enable high purification of drugs and transporting them fast, and increasing urbanisation, have caused these mood altering substances to be taken out of their traditional role in societies and have come to pose new, complex and challenging threats.7 These threats have been manifested in two important ways: () wider use of drugs, and (2) a shift from natural drugs to the more potent purer forms. Globally, illegal money derived from illicit drug transactions amounts to 400 billion dollars annually, and is second only to the arms trade.8,9 The countries of the Arabian Gulf Co-operation Council (GCC) offers an interesting study area because their diverse cultures have experienced rapid acculturation, a phenomenon often equated with a rise in psychosocial stress.10 Psychosocial stress has often been associated with vulnerability to self poisoning11 and substance abuse.12 Although there are no adequate statistical studies to indicate the incidence of substance dependency in the GCC, it is clear that substance abuse is not a minor problem considering the number of reported drug seizures by the authorities.13 In real terms, the drugs seized by law enforcement authorities constitute only 5–0 percent of the actual quantity.14 Comprehensive data on the pattern of substance dependency is hampered by the criminal and moral stigma associated with substance dependency. Whatever the real number of people afflicted with addiction, substance dependency is a severe problem when considered in terms of personal distress, family disruption and interference with productivity and economic growth. Efforts have been undertaken in GCC countries to reduce the demand for drugs and to prevent drug abuse before it occurs. These efforts are coordinated through the Demand Reduction Committee, created in 200 with members from all countries of the GCC. The committee provides leadership in coordinating and facilitating strategies in this area including law enforcement, rehabilitation and leading and assisting the community in the task of education and prevention of substance abuse. Some studies have suggested that substance dependency occurs in adolescents in all strata of the society.14–16 However, these studies are limited to self-report questionnaires based on secondary school students. Although peer pressure is likely to play a significant part in the initiation of substance abuse,16 the subsequent heavy abuse is often associated with various psychosocial factors. It has been suggested that of all the social factors that predispose individuals to substance abuse, boredom is the most significant.14,17 The recent affluence and modernisation of the GCC societies have led many people to have a lot of spare time, as household chores are carried out by expatriate servants.14 The detrimental effects of such a lifestyle, including substance dependency, have been speculated in the literature.13,18–21 In a study cited by Al-Harthi14 of personality profiles and descriptive analyses of typical substance users enrolled in a treatment centre in Riyadh, Saudi Arabia, the most frequently stated reason for indulging in drugs was to escape boredom. This view, though substantiated by other studies in the region,22,23 has not taken into account the relationship of individual temperament to substance abuse. Recent studies have suggested that phenotypical "risk takers" or "sensation seekers" are often not inhibited from yielding to various illicit practices including substance abuse.24 Future studies in the region should examine the association between personality types, risk taking behaviour and boredom. The premise that the rise in substance dependency might be precipitated by erosion of traditional family networks and skewed social expectations might be relevant to GCC countries. Al-Hashmi18 has suggested that modernisation has resulted in the Omani family becoming nuclear at the cost of the traditional extended family. Concurrently, domestic servants brought from overseas, often illiterate in the dominant language, are providing much of the socialisation to children. Reinforced by frequent international travelling, satellite televisions and the Internet, acculturation appears to have occurred too quickly in GCC societies. Smith has remarked that these changes have brought these communities development that took a thousand years in Europe in less than 20 years.25 Studies from other parts of the world that have experienced similar rapid pace of modernisation have shown disintegration of native culture and identity as well as dissolution of the social network, to which individuals had previously turned for help when in trouble.26 In addition, the spread of education have resulted in higher levels of expectations. In the new social order, individuals in the region tend to regard employment opportunities, guaranteed higher levels of income, and especially, higher social standing, as acquired rights. Frustration of the desire to climb the social ladder leads to social insecurity.14 The present situation of society in transition fits with the classical sociological observations of Ibn Khaldun and Emile Durkheim: rapid transformation leads to breakdown of traditional social cohesion.14As a result, the sense of belonging becomes a luxury, leading to social drift, alienation, and the proliferation of social misfits. The society itself may become anomic. The relationship between acculturation, anomie and drug taking has received empirical support.27 The present tendency is to view substance abuse in its psychosocial context rather than on moral terms. While more studies that are comprehensive are needed to examine the pattern of use and misuse of drugs in the GCC countries, there are various reasons to assume that substance dependency is likely to continue to pose a problem in the region. First, the geography helps both trafficking and consumption. GCC countries are located close to the "Golden Triangle" or "Drug Belt", a part of Asia where underdevelopment and political instability have fuelled drug driven economies. Second, being on a major route for international airlines and sea routes by virtue of being in the middle of the world, GCC countries are at constant risk of being used as trans-shipment points for drug trafficking. The Arabian Peninsula has a vast coastline with its horizon overlooking major sea routes to different continents. Even if vigilance to guard its borders is heightened, such a long coastline would remain porous. Moreover, effective surveillance would require more allocation of resources and work force, drawing vital resources away from establishing essential remedial and rehabilitation services for the victims of substance abuse. Thirdly, the increasing number of visitors and the presence of foreign labour in the GCC also help make the "Gulf route" a crossroad for trans-world drug supplies. Some individuals may fall prey to the fallouts from these passing illegal shipments even though they may be destined elsewhere. It is also possible that an increase in consumption of illicit substances among the local population has in itself escalated the demand. In support of the latter view are the rising statistics on the mortality related to drug abuse and the number of clients seeking treatment in rehabilitation centres in the GCC states.15,28 Dispensing accurate information on issues related to substance abuse is a key component to fighting drug abuse. Studies are needed to illuminate the effect of substance dependency in the GGC countries as the mass media often tends to downplay the risks of drug use, or sometimes even glamorises it. Evidence is emerging on the personal consequences of substance dependency. Okasha, in the context of Egypt, has demonstrated that substance dependency is likely to lead to underachievement at school or work and exacerbate family stress, financial burdens and exposure to criminal activity.29 However, literature does not discern whether these social problems are the cause or the effect of the substance dependency. Substance dependency is often associated with psychiatric morbidity30 but it is not clear whether this is cause or effect. Karam et al in their report from Lebanon suggest a strong relationship between addiction to substances of abuse and psychiatric diagnoses.31 These authors further suggest that certain personality types often abuse specific substances. However, such a simplistic view appears to be merely reiterating the chicken-or-the-egg argument. Some authors have suggested that substance dependency is a form of self-medication, which implies that individuals with substance dependency have high levels of psychosocial distress and use illicit drugs in an attempt to alleviate their distress. This is relevant to the suggestion that some psychiatric symptoms may mimic withdrawal effects of chronic substance dependency and withdrawal symptomatology co-varies with cognitive and psychological functioning.32 In addition to psychiatric illness, substance dependency has been seen to increase the risk of adverse drug reactions. A well-known complication of substance dependency is the risk of transmission of human immunodeficiency virus and other infections.33 VISIBLE PATTERNS IN THE GCC The discovery of oil in the GCC has brought rapid modernisation as well as unprecedented material progress and economic security.34 Although GCC nationals, like other cultural groups in developing countries, are thought to have beliefs that protect them against developing substance dependency, such beliefs appear to be eroding with the rising tide of acculturation and economic restructuring. Demographic factors such as the preponderance of adolescents in the population will continue to elude those advocating demand reduction policies even if harsher penalties are decreed for traffickers and users. Approximately 60% of the population in the region are less than 20 years old.35 As reported elsewhere, 36 adolescents are prone to risk taking behaviour, a temperament that has been associated with developmental milestones including the underdevelopment of the orbital-frontal cortex.34 In GCC countries, the rate of juvenile delinquency has, in a span of 0 years, increased approximately by 400%. Unless the needs of such a large and important segment of society as its young people are addressed, this may present a demographic time-bomb with unpredictable social consequences. With a fast growing population, competitions for social and occupational roles are likely to be more intense, leaving many failed individuals behind. With such a demographic trend, it is likely that many individuals carry a greater risk of developing various adjustment difficulties including substance dependency.37 Data emanating from other developing countries suggest that drug peddlers tend to target the poor and the unemployed. Whereas substance dependency in other parts of the world is often associated with economic and social breakdown,38 no study has examined whether substance dependency in the GCC countries follows the same pattern.39 Preliminary observations in Oman suggest that there is relationship between unemployment and propensity for substance abuse.14 Interestingly, the study suggests that addiction to illicit drugs is likely to interfere with employment, often rendering some individuals to lose their jobs. In the midst of such conflicting views, further studies are needed to ascertain the conditions that trigger drug dependency in the community.40 While more information is needed in order to make an informed policy on substance dependency, there is some evidence pointing to which substances are widely abused in GCC countries. First, clinical reports suggest that solvent misuse is extensive although no formal studies have been conducted. Hafeiz41 has suggested that abuse of solvents often occurs in order to overcome the boredom of modern living. There is also increasing evidence to suggest that some of these agents cause mental disorders42 as well as neurological complications.43 The chemicals in question include glues, liquid shoe polish, deodoriser, petrol, cologne and insecticides.44,45 A special pattern of substance dependency associated with social deviancy and delinquency also involves a home-made mixture of dates and ointments as well as inhalation of intoxicating fumes derived from burning the wings of cockroaches and ants with volatile substances. Habitual inhaling of these substances is often associated with a failure to thrive.42 Secondly, inhaling smoke derived from nicotine based substances is now common in many GCC countries.46,47 Tobacco is often chewed, snuffed or smoked either in cigarettes or in sheesha. The latter (also known as hookah) is a smoking device, widely used in some communities of the Arabian Peninsula, to smoke jurak, a cooked tobacco-fruit mixture, and burnt by an electrical device or by charcoal. The produced smoke passes through the water at the base of the sheesha and then a long-tube before it is inhaled. Though most smokers consider sheesha less harmful to health than cigarette smoking,48 this has not been substantiated in regional studies.48,49 Experimental and clinical studies have found that nicotine, an active ingredient of both sheesha and cigarettes, not only triggers cardiovascular diseases, but also predisposes frequent users to various neuropsychiatric disorders.50 The question remains whether smoking triggers mental illness or people with mental illness are more likely to smoke.51 Pharmacological studies have unequivocally shown that nicotine is as addictive as other well-known psychoactive drugs such as cocaine and amphetamines.52 However, GCC countries have given a low priority to this a public health issue. Demand for nicotine has been falling in industrialised nations, 53 but a similar picture is not emerging from middle and low income countries. Cigarette companies are now targeting the developing world.53 Moreover, cigarette companies are manufacturing products of differing quality for sale in different markets. It has been shown that cigarettes of the same brand sold in developing countries have higher tar content than in the country of origin.54 Some studies have suggested that certain cigarettes are made from more potent, hence, more addictive, nicotine.53,55 As there is no known effective program to educate people about the dangers of smoking, prevention and smoking cessation appear to an unattainable goals. To compound the problem, some proponents of the "gateway phenomenon" suggest that smoking is a springboard to hard drugs such as cocaine and heroin, 56 though there is also evidence to contradict this view.57 The social problems precipitated by alcoholism have not yet been reported in the GCC countries though some reports suggest that drinking problems are proliferating.13,44,58 The World Health Organisation59 estimates that more then 5 million people are disabled because of alcohol use, making it the fourth leading cause of worldwide disability. Theobald has suggested that approximately 0% of alcohol consumers will at some time experience serious health problems related to their drinking habit.60 As many individuals are now facing the daily challenges of modern living and the pressures of modern life, alcohol abuse is thought to be one of the elusive antidotes to modern insecurity.17 Some recent findings suggest that individuals who have a high subjective level of insecurity in their lives are likely to abuse alcohol to ward of their psychosocial stress. Interestingly, people with such attributes have been seen to have refractory types of alcoholism.61 Alcohol syndromes such as delirium tremens and Korsakoff's psychosis are known to occur among people who consume it regularly.50 Persons at risk of drinking problems cannot be reliably identified in the population; therefore the pattern of drinking and its psychosocial correlates are indicated for the GCC countries. The bulk of the studies21,45,58 have focused solely on exploring the validity of research instruments on cross-cultural application of drinking attitude and behaviour. Little is known on the effect of alcohol repackaged as "cologne" available in some GCC countries.62,63 Colognes or ethyl alcohol-containing perfume and after-shave are sometimes ingested as an alcohol substitute.64 Relevant to this, it would be important to determine whether the availability of alcohol and other soft drugs deters people from going into narcotics that are more dangerous. One suggestion is that in those societies of GCC where there is a relaxed attitude towards alcohol, there are fewer propensities towards heroin and other dangerous drugs.14 It also not clear how such information would be helpful in planning intervention programs in GCC countries, as the experiences from other societies suggest a complex relationship between alcohol and substance abuse. The "gateway theory" would suggest that using alcohol leads people to use harder drugs like cocaine and heroin.65 There is also scant information on the pattern and psychosocial correlates of over-the-counter medications in the GCC countries. Though generally viewed as harmless, many of them have the potential for abuse, particular those that are considered to be amphetamine-like stimulants.66 These includes nasal decongestants, bronchodilators, appetite suppressants and energy pills and drinks. While there is no evidence to suggest that cocaine and hallucinogens are widely consumed in the GCC countries, 13 the story of opiate use is somewhat different. Historical documents suggest that opium was considered as a medicinal substance in the Middle East. It was recommended by various towering Arab figures such as Ibn Sina.1 More recently, however, its semi-synthetic counterpart, heroin, far removed from its cultural context, is becoming the drug of choice for addicts in the GCC countries. Being close to heroin producing regions of the world, GCC appears to be the trafficker's place of choice. Being capable of causing compulsive dependency within a short time, heroin has a devastating effect on the user and society in general. To those who are addicted to heroin, it appears the habit leaves them little time for meaningful life. To compound the problem, as 90% of GCC heroin addicts use it intravenously, sharing of contaminated needles causes infections of human immune deficiency virus and a high incidence of other infections.33 Similarly, the number of cases of heroin addiction is often directly related to the number of crimes.27 Despite stringent regulations to reduce the supply and demand, the habit proliferates. Judging from the quantities of drugs seized by the authorities, the last decade has witnessed a dramatic increase in the number of cases of heroin addiction, the number of addicts seeking rehabilitation, and death due to heroin overdose.PROSPECTS FOR THE FUTURE Rehabilitation for addiction is often in the hands of psychiatric or penitentiary services though some specialised centres have emerged in some GCC countries.16 Culturally sensitive interventions seem to be often relegated to fringe importance. Medical interventions are likely to grow considering the many claims about new pharmacological tools that take advantage of the chemical properties of alcohol and other drugs. However, drug treatment for substance dependency should not hold up the search for psychosocial predisposing factors, which, in turn, could be a springboard for educational strategies to reduce demand. Indeed, blind adherence to pharmacological intervention not only seems similar to drug peddling, but also may be counterproductive in the long term. A biomedical explanatory model of substance dependency may lead to stigma, and lessen the individual and societal accountability in tackling compulsive dependency. Stressing personal responsibility, on the other hand, motivates one to change, as well as help one understand the challenges ahead and evolve coping mechanisms.67 As distress and stress are experienced in a socio-cultural context, rehabilitation services should avoid committing what Kleinman has called a "category fallacy", where a view of human nature developed for one cultural group is uncritically applied to members of another group for whom its validity has not been established.68 According to Kleinman, this results in a "distortion of pathology" rather than a critical understanding of the ways in which the members of a different cultural group perceive, experience and communicates beliefs and distress. One of the essential grounds for formulating enlightened policies toward drug dependency is to consider the society's outlook towards mood altering substances. Despite the documented frequency of substance abuse in GCC countries, a review of the literature reveals no objective studies on knowledge, attitude and perception. Opinion towards substance dependency among citizens of GCC countries is likely to have a wide-ranging influence, affecting issues as diverse as personal consequences of substance dependency, prevention, care and management of people with substance abuse. Historical and cross-cultural studies have suggested that individuals with substance dependence are likely to encounter active discrimination and harassment which, in turn, exacerbates their psychosocial predicament and perpetuates their relapse into drug taking.37 Similarly, it has been suggested that social attitudes can be more devastating than the addiction itself, and the addict's family suffers as well.69 Although many victims of substance dependency could benefit from treatment, attitudes of society towards them is likely to hamper their seeking rehabilitation. As a result, many are likely to stay underground until addiction has reached an advanced stage of irreversible pathology. This not only increases pessimism of the victims and those around them but also shatters the prospect of recovery. Therefore, more research in GCC countries should be conducted in order to shed light on socio-cultural factors that precipitate individuals to succumb to substance abuse. This would open the door for contemplating strategies to achieve a reasonable level of prevention as well as to prioritise which aspects of services are pertinent to the region. Grinspoon and Bakalar have suggested that of all the mistakes repeated, the most serious is trying to free society of drugs via legislation and regulation.70 Indeed, many studies1 suggest that no punitive measure deters availability and abuse of drugs.14 It appears that financial gain is one of the strongest determining factors. Globally, though consensus from the experts in the field suggests that substance dependency is a disease, public opinion often considers it a form of moral degeneracy that can destroy social values. As a result, victims of substance dependency are sent to the prison. Many countries have pursued the idea of creating a national consensus towards zero tolerance for substance abuse and death penalty for drug traffickers. The policies fluctuate between curbing trafficking, reducing demand and decriminalisation of certain classes of drugs.71 Some countries have considered decriminalizing soft drugs and the debate continues on the rationale of dispensing heroin to heroin-addicts.72 Although more time is needed to assess the long-term outcome of these new programs, history has shown that none of the previous campaigns to curb the spread of substance misuse has worked. Instead, the situation appears to be summed up in Bob Marley's lyric, "So you think you have found the solution; But it's just another illusion". CONCLUSION The problem of drug abuse in the GCC is a multi-dimensional one without easy solutions. This paper has touched upon several of these issues. Even though for zero tolerance to substance dependency is advocated, no program has been found to be universally successful in reducing drug dependence. Historically, many societies have tried both criminalisation and decriminalisation but to no avail. Despite all the technologies to monitor and legal authority to bring the drug traffickers to justice,including the threat of death penalty, dealing with substances that cause addiction is becoming a global challenge of ever increasing magnitude. More discouraging, the problem has even affected societies where one would expect cultural factors to protect them from the attraction of drugs. The purpose of this paper, thus, is to "point a finger to the moon", the moon symbolising the complexity of substance dependency. One should not confuse the moon with the finger that points to it.
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An independent South African investigation found "no evidence" that Pretoria loaded arms onto a Russian ship when it docked in Simon's Town late last year, contradicting accusations made by the U.S. ambassador to South Africa in May. "When all matters are considered, none of the allegations made about the supply of weapons to Russia have been proven to be true," South African President Cyril Ramaphosa said, adding that the accusation "had a most damaging effect on our currency, our economy, and our standing in the world." Ramaphosa's fiery remarks highlighted the extent to which the allegations have soured U.S.-South Africa ties, which were already badly strained following Russia's invasion of Ukraine. Pretoria has frustrated Washington by refusing to isolate the Kremlin and continuing to work with the Russian military, while South Africa has grown increasingly indignant at the idea that it must toe the U.S. line on the conflict. But the results of the inquiry, which was led by an apparently trustworthy former judge, provide a chance to soothe growing tensions between the two countries. The State Department took a step in that direction Tuesday when spokesperson Vedant Patel said the U.S. appreciates "the seriousness with which the panel of inquiry in South Africa undertook to investigate" the incident, though he stopped short of endorsing the findings completely. For South Africa, the motivation to improve relations with the U.S. is clear. While the country's ruling party has long insisted on neutrality in great power disputes, Pretoria has a much closer economic relationship with Washington than it does with Moscow. That relationship relies in no small part on American goodwill since much of the countries' bilateral trade is underpinned by the African Growth and Opportunity Act, which allows South Africa to export certain goods to the U.S. without tariffs. Congress will have to decide in 2025 whether Pretoria gets to stay in the program. But a drop in tensions could also have big upsides for the U.S. as it navigates choppy geopolitical waters ahead. Washington's insistence that other countries toe its line on the war has created a surge of frustration among leaders in the Global South, many of whom evince little interest in choosing a side in great power disputes. This is perhaps one reason that so many states now seek to join BRICS, a geopolitical grouping focused on economic independence from the West and led by Brazil, Russia, India, China and South Africa. By papering over issues with South Africa, the United States could build a roadmap for improving relations with the Global South more broadly. Improved relations with South Africa could also provide a boost to efforts to end the war in Ukraine, which has largely been locked into a bloody stalemate in recent months. As Philani Mthembu of the Institute for Global Dialogue recently argued, Ukraine and Russia have been fighting a second war for hearts and minds in Africa, which "may leave the doors in Kyiv and Moscow open to further dialogue" with African leaders pushing for a peace deal. "The African peace initiative may thus not be the main negotiation process that resolves questions such as the future of the European security architecture, but it can still play an important role in focussing the world's attention on dialogue instead of further military escalation," Mthembu wrote. If the United States chose to quietly endorse this approach, it could help build momentum toward a peace deal, no matter how improbable such a result seems today.Ramaphosa and President Joe Biden will have a chance to start mending ties this weekend at the G20 summit in New Delhi, India. Though progress on Ukraine is likely to be limited, Biden has reportedly endorsed the African Union's bid to become a full member of the G20, helping to fulfill a long-time South African goal. The move suggests that, public differences aside, the U.S. may finally be ready to bury the hatchet.In other diplomatic news related to the war in Ukraine:— Turkish President Recep Tayyip Erdogan said he expects that the Black Sea Grain Initiative will be revived "in a short time" following meetings with Russian President Vladimir Putin, according to CNBC. Putin, who tore up the deal in July, told reporters that he would only rejoin the agreement if provisions related to the export of Russian agricultural products are "fully implemented." — On Wednesday, Secretary of State Antony Blinken took a surprise trip to Kyiv, where he announced a new tranche of aid for Ukraine and batted down accusations that the Ukrainian counteroffensive has failed to make meaningful progress, according to the New York Times. Blinken also sought to tamp down concerns that a series of corruption scandals in Ukraine could affect American support for the country. "We're engaged in assisting the government of Ukraine on anticorruption efforts and on efforts to ensure accountability and full transparency of all the assistance we're providing, as well as the security of U.S.-provided defense articles and technologies," he said.— Western officials are pushing the United Arab Emirates to stop allowing Russia to avoid sanctions by purchasing dual-use goods, according to the Wall Street Journal. The UAE has reportedly become a prime intermediary for Russian businesses looking to get their hands on Western computer chips and electronics. Notably, Abu Dhabi has not joined sanctions against the Kremlin but has tried to avoid gaining a reputation as a market for illicit goods.— Robert Fico, the leading candidate in Slovakia's upcoming elections, is a staunch opponent of aid to Ukraine, raising the prospect that the country could split with fellow NATO allies and European Union members over the conflict, according to the New York Times. Fico's popularity stems in part from the fact that the Slovakian public remains divided over the conflict, with only 40 percent of the country saying that Russia is solely responsible for the war. Notably, the leftist and former prime minister has said that he would oppose Ukraine joining NATO, preferring instead to end the war by formalizing Kyiv's status as a buffer between Russia and the West.U.S. State Department news:When asked if the U.S. believes a diplomatic resolution of the war is likely, State Department spokesperson Vedant Patel emphasized American support for Ukraine's peace plan. "The Ukrainians and President [Volodymyr] Zelensky have very clearly laid out a proposal for a just and durable peace and a conclusion to this war," Patel said. "President Putin and the Russian Federation have continuously not been interested in engaging in these kinds of discussions."
Negli anni recenti, lo studio del fenomeno mafioso ha trovato sempre più "cittadinanza accademica", attraverso una feconda pluralità di discipline e di approcci, sia in Italia sia nel resto del mondo. Sulla definizione di mafia, gli autori hanno sviluppato un ricco dibattito capace di intrecciare sensibilità e prospettive diverse: la mafia come cultura, la mafia come ordinamento giuridico, la mafia come impresa, la mafia come organizzazione. La letteratura, tuttavia, mostra un vuoto rilevante nella descrizione di quei fenomeni che presentano caratteristiche simili al modello mafioso, ma che non posseggono la storicità, i modelli di autorappresentazione, i codici culturali definiti e specifici che contraddistinguono le mafie. Eppure, lo scenario criminale attuale restituisce un quadro effervescente, popolato di compenetrazioni e ibridazioni tra modelli e organizzazioni, disegnando contesti in cui i confini tra legale e legale sono sempre più labili e indecifrabili. Le domande di ricerca della presente tesi indagano proprio il confine tra il fenomeno mafioso e altre manifestazioni criminali, nonché la possibilità per cui gruppi criminali senza alcun legame con organizzazioni mafiosi sviluppino sistemi di condotte prossimi a quelle più tipicamente espressi dalle mafie sia nei territori tradizionali sia in quelli di più recente insediamento; in particolare, si indagano i fattori di contesto – istituzionali, economici, sociali e culturali – che facilitano la nascita spontanea su un territorio di queste forme autoctone di criminalità organizzata. A un tentativo di risposta si giunge attraverso l'analisi di due casi di studio localizzati nelle valli di Bergamo, provincia a circa 50 chilometri di distanza da Milano, nel Nord Italia. Il primo è il comune di Foppolo, un piccolo villaggio dell'alta valle Brembana (180 abitanti circa), al centro di una importante inchiesta della procura di Bergamo, in cui un gruppo di amministratori locali e imprenditori, dotati di forte legittimazione e consenso, ha monopolizzato la vita economica e amministrativa per oltre un decennio, attraverso pratiche collusive, di micro-violenza e di controllo sociale. Il secondo caso di studio riguarda la Locatelli Costruzioni, storica impresa di Grumello del Monte, località della Val Calepio, che ha sviluppato in modo sistematico pratiche di smaltimento illecito di rifiuti (attività tradizionale della mafia) e di corruzione, costruendo uno strettissimo rapporto col tessuto sociale di riferimento, fatto di controllo del mercato locale del lavoro, legittimazione e giustificazione. In entrambe le vicende, si delinea una istituzionalizzazione delle pratiche illecite. I due casi di studio sono analizzati attraverso una ricerca qualitativa basata su un dataset di circa 30 interviste semi-strutturate a magistrati, poliziotti, giornalisti, sindacalisti, amministratori locali, funzionari pubblici, e sull'analisi di atti giudiziari, documenti istituzionali, archivi di giornale. La cornice teorica di riferimento, d'impronta sociologica, attinge agli studi specifici in materia di organizzazioni criminali e si combina alla sociologia dell'organizzazione e alla sociologia economica. Incrociando le risultanze dei casi di studio con la letteratura sui temi di mafia, criminalità organizzata e criminalità economica, e fornito un tentativo di risposta alle domande di ricerca, lo scopo conclusivo dell'elaborato è giungere una comparazione tra i tratti peculiari – consolidati in letteratura – del modello mafioso e gli output dei casi di studio nei medesimi tratti, al fine di osservare punti di contatto e differenze, e per elaborare l'appropriata definizione applicabile ai fenomeni osservati. Ciò che verrà messo in evidenza – in costante ottica comparativa con le definizioni consolidate di mafia – sono dunque i fattori di genesi, la morfologia organizzativa, le similitudini e le differenze con le mafie tradizionali nel modus operandi, nell'amministrazione della violenza e nel profilo degli attori, la centralità del capitale sociale e del rapporto con la comunità in cui il fenomeno si inserisce. ; In the last years, the study of the mafia phenomenon has increasingly found an 'academic citizenship' through a prolific plurality of disciplines and approaches. Around the definition of mafia, scholars have developed a rich debate that has intertwined different sensibilities and perspectives: mafia as a culture, mafia as a legal order, mafia as a power, mafia as a company, mafia as an organization. Scientific literature, however, shows a significant void in the description of criminal experiences that have characteristics similar to the mafia model but are not attributable to the mafia, i.e. to organizations characterized by historicity, by models of self-representation, by defined and specific cultural codes. Yet, the current criminal scenario returns an effervescent 'picture', populated by interpenetrations and hybridizations between models and organizations, offering contexts in which the boundaries between legal and legal are increasingly blurred and indecipherable. The research questions of the thesis, therefore, investigate the boundary between and other criminal phenomena and the possibility that criminal groups without any link with mafia organizations develop systems of conduct close to those most typically expressed by mafia organizations. In particular, we investigate the 'contextual factors' (institutional, economic, social and cultural factors) that facilitate the spontaneous 'birth' on a territory of these peculiar, autochthonous criminal groups. To try to answer these questions we have chosen two case studies located in the valleys of Bergamo, a province about 50 kilometres away from Milan, in Northern Italy. The first case concerns the municipality of Foppolo, a small village in the upper Brembana valley (about 180 inhabitants), in which a group of local administrators and entrepreneurs, endowed with strong legitimation and consent, has monopolized economic and administrative local life for over a decade, through a collusive system and practices of micro-violence and social control. The second case study concerns the 'Locatelli Construction', a company from Grumello del Monte, a town in the Val Calepio, founded in 1950s, which – simultaneously to the great economic crisis of 2007-2008 – has systematically developed illegal waste disposal (a traditional activity of mafia groups) and corruption, through a very close relationship with the surrounding social fabric, made up of control of the local labour market, connections with local politicians, symbolic violence, legitimation and justificationism. Both events outline an institutionalization of illicit practices. The two case studies are analysed through a qualitative research based on a dataset of about 30 semi-structured interviews with judges, police officers, journalists, trade unionists, officials, and on the analysis of judicial documents, institutional reports, newspapers archives. The theoretical framework (a sociological framework) draws from specific studies on criminal organizations and is combined with the sociology of the organization and economic sociology. Crossing the results of the case studies with the literature on mafia, the final aim of the thesis is to reach a comparison between the peculiar features of mafia model and the outputs from case studies, in order to observe points of contact and differences, and to elaborate the appropriate definition of the observed phenomena.
National drug control policies and strategies are heavily dependent on the international legal framework. International standards set by United Nations drug control conventions serve as basic principles for the development and shape of national drug control systems. International drug control system has its own, a very specific history and dynamics of development in which the United States definitely did play a very important role promoting prohibitionist approach based on the abstinence paradigm. According to this paradigm drug use is acceptable only for scientific and medical purposes. Unsurprisingly, recreational or experimental use of drugs is considered as unacceptable and inevitably leading to addiction. This hard-line approach dominated in public discourse during the 20th century and the drug use was seen either as a sin or as a disease. However, it seems that from the beginning of the 21th century, international drug control regime, ideologically based on the abstinence paradigm, is facing big challenges and it is not entirely clear what to expect in the future. Ironically, the United States is the most important player again, but this time in quite the opposite role. Moralising teetotaller Dr. Jeckyll suddenly turned in a pothead Mr. Hyde. So-called "cannabis capitalism" process in several states of USA, when the sale of recreational cannabis was fully legalised, raised serious questions about the perspectives of international drug control system, because such practice is obviously in breach of the international law. Also it is important to note other signs of moving towards the drug policy with a human face, especially raising the popularity of the harm reduction approach to the drug problem and process of "soft deception' related to that. The latter means that some countries are choosing more tolerant approach theoretically not infringing legal boundaries set by the conventions. Considering the context provided above, the main purpose of this study was to make the analysis of the peculiarities of global drug control system and their interrelation with the national drug control policy in the light of personal drug use. In order to fulfil this goal historical analysis of the development of United Nations global drug control system was made, peculiarities and characteristic features of the legal framework of this system as well as legal boundaries set for countries by the conventions were analysed. Particular attention was paid to the international legal framework regarding personal drug use, different national practises in this perspective as well as possible directions of the future development of global drug control system were discussed. Finally, Lithuanian drug control policy in the context of United Nations drug control regime was discussed. Main research methods were: logical-linguistic, systemic, comparative as well as analysis of documents and secondary data. Moreover, relevant scientific literature, national and international legal acts in the area of drug control were studied. The drug control and drug policy primarily were explored from criminological and sociology of law perspectives. In author's point of view these interdisciplinary social sciences enable to achieve deeper understanding of drug control phenomenon than it is possible to attain using only narrow legalistic analysis of laws and legal norms. According to the findings of the study the drug control policy (national, regional or global) is a complex phenomenon influenced by many cultural, social and other factors as well as different interest groups (physicians, law enforcement agencies, etc.) operating in the drug control field. It is important to stress, that usually legal control has a very limited (if has at all) influence to the prevalence of illicit drug use, which is mostly determined by the culture, social policy and social context. On the other hand, the drug control remedies are significant when dealing with the high-risk/problem drug use. The United Nations conventions set legal boundaries to the countries, but there is a certain room of interpretation. United Nations institutions (especially International Drug Control Board) support the narrow interpretation of the treaties and usually criticise countries (as sending "wrong signals") that are leaning towards less strict drug policies. Accordingly, various harm reduction practises are on the edge of violation of international law but this is a matter of interpretation. The United Nations conventions and European Union documents make a clear distinction between drug dealing and activities attributed to personal use. The drug dealing is always a matter of criminal law; accordingly criminal sanctions should be strict enough. As regards to the personal drug use countries have more flexibility and other measures (administrative sanctions, medical treatment, etc.) could be applied. On the other hand, legal market of substances controlled by the Schedule IV (e.g. cannabis) could not be created at the same time not infringing international law. In the 21th century a gradual weakening of international drug control regime could be observed. The main feature of this phenomenon is a soft deception, which is related to the increasing popularity of the harm reduction doctrine. It goes hand in hand with the decriminalisation and/or the depenalisation of activities related to personal drug use shifting from punitive approach to the more health oriented. The main challenge to the existing global drug control system is de jure legalisation of cannabis in several USA states. It is related to the process of cannabis use "normalisation"; then such practice is not regarded as a pathological behaviour anymore. It is important to stress that this approach contradicts the abstinence paradigm, which is an ideological core of the United Nations conventions. It creates a high tension and the future of international drug control system in existing framework becomes uncertain. In order to maintain the stability of the system in particular and the trust in international law in general, the revision of UN drug control conventions seems to be inevitable. Lithuanian drug control policy is oriented to the strict control measures and prevention. As regards to the personal drug use till 2017 the drug gaining and possession were partially decriminalised because such activities were subject of either criminal or administrative liability. From 2017 onwards such activities are subject of criminal law only without any explanation of this change of law. Therefore, the Lithuanian drug control policy is moving to the opposite direction than in the Western world, i.e. to more strict measures regarding personal use of drugs. In this context, it is important to stress, that criminal law is considered as ultima ratio measure which has multiple side effects, thus criminalisation of certain activity or introduction of criminal sanctions must be strongly grounded. Preferably, not only by arguments, but also by hard empirical data supporting those arguments. It could be concluded, that decriminalisation in the sphere of personal drug use has legal and pragmatic assumptions. Such policy does not violate legal boundaries set by the United Nations conventions and reflects the newest tendencies of how modern drug control policy should look like. Last but not least, it is important to stress, that effective drug control policy should be evidence based. That means that drug policy changes should be supported by science innovations, empirical data, cost-benefit analysis, etc.
National drug control policies and strategies are heavily dependent on the international legal framework. International standards set by United Nations drug control conventions serve as basic principles for the development and shape of national drug control systems. International drug control system has its own, a very specific history and dynamics of development in which the United States definitely did play a very important role promoting prohibitionist approach based on the abstinence paradigm. According to this paradigm drug use is acceptable only for scientific and medical purposes. Unsurprisingly, recreational or experimental use of drugs is considered as unacceptable and inevitably leading to addiction. This hard-line approach dominated in public discourse during the 20th century and the drug use was seen either as a sin or as a disease. However, it seems that from the beginning of the 21th century, international drug control regime, ideologically based on the abstinence paradigm, is facing big challenges and it is not entirely clear what to expect in the future. Ironically, the United States is the most important player again, but this time in quite the opposite role. Moralising teetotaller Dr. Jeckyll suddenly turned in a pothead Mr. Hyde. So-called "cannabis capitalism" process in several states of USA, when the sale of recreational cannabis was fully legalised, raised serious questions about the perspectives of international drug control system, because such practice is obviously in breach of the international law. Also it is important to note other signs of moving towards the drug policy with a human face, especially raising the popularity of the harm reduction approach to the drug problem and process of "soft deception' related to that. The latter means that some countries are choosing more tolerant approach theoretically not infringing legal boundaries set by the conventions. Considering the context provided above, the main purpose of this study was to make the analysis of the peculiarities of global drug control system and their interrelation with the national drug control policy in the light of personal drug use. In order to fulfil this goal historical analysis of the development of United Nations global drug control system was made, peculiarities and characteristic features of the legal framework of this system as well as legal boundaries set for countries by the conventions were analysed. Particular attention was paid to the international legal framework regarding personal drug use, different national practises in this perspective as well as possible directions of the future development of global drug control system were discussed. Finally, Lithuanian drug control policy in the context of United Nations drug control regime was discussed. Main research methods were: logical-linguistic, systemic, comparative as well as analysis of documents and secondary data. Moreover, relevant scientific literature, national and international legal acts in the area of drug control were studied. The drug control and drug policy primarily were explored from criminological and sociology of law perspectives. In author's point of view these interdisciplinary social sciences enable to achieve deeper understanding of drug control phenomenon than it is possible to attain using only narrow legalistic analysis of laws and legal norms. According to the findings of the study the drug control policy (national, regional or global) is a complex phenomenon influenced by many cultural, social and other factors as well as different interest groups (physicians, law enforcement agencies, etc.) operating in the drug control field. It is important to stress, that usually legal control has a very limited (if has at all) influence to the prevalence of illicit drug use, which is mostly determined by the culture, social policy and social context. On the other hand, the drug control remedies are significant when dealing with the high-risk/problem drug use. The United Nations conventions set legal boundaries to the countries, but there is a certain room of interpretation. United Nations institutions (especially International Drug Control Board) support the narrow interpretation of the treaties and usually criticise countries (as sending "wrong signals") that are leaning towards less strict drug policies. Accordingly, various harm reduction practises are on the edge of violation of international law but this is a matter of interpretation. The United Nations conventions and European Union documents make a clear distinction between drug dealing and activities attributed to personal use. The drug dealing is always a matter of criminal law; accordingly criminal sanctions should be strict enough. As regards to the personal drug use countries have more flexibility and other measures (administrative sanctions, medical treatment, etc.) could be applied. On the other hand, legal market of substances controlled by the Schedule IV (e.g. cannabis) could not be created at the same time not infringing international law. In the 21th century a gradual weakening of international drug control regime could be observed. The main feature of this phenomenon is a soft deception, which is related to the increasing popularity of the harm reduction doctrine. It goes hand in hand with the decriminalisation and/or the depenalisation of activities related to personal drug use shifting from punitive approach to the more health oriented. The main challenge to the existing global drug control system is de jure legalisation of cannabis in several USA states. It is related to the process of cannabis use "normalisation"; then such practice is not regarded as a pathological behaviour anymore. It is important to stress that this approach contradicts the abstinence paradigm, which is an ideological core of the United Nations conventions. It creates a high tension and the future of international drug control system in existing framework becomes uncertain. In order to maintain the stability of the system in particular and the trust in international law in general, the revision of UN drug control conventions seems to be inevitable. Lithuanian drug control policy is oriented to the strict control measures and prevention. As regards to the personal drug use till 2017 the drug gaining and possession were partially decriminalised because such activities were subject of either criminal or administrative liability. From 2017 onwards such activities are subject of criminal law only without any explanation of this change of law. Therefore, the Lithuanian drug control policy is moving to the opposite direction than in the Western world, i.e. to more strict measures regarding personal use of drugs. In this context, it is important to stress, that criminal law is considered as ultima ratio measure which has multiple side effects, thus criminalisation of certain activity or introduction of criminal sanctions must be strongly grounded. Preferably, not only by arguments, but also by hard empirical data supporting those arguments. It could be concluded, that decriminalisation in the sphere of personal drug use has legal and pragmatic assumptions. Such policy does not violate legal boundaries set by the United Nations conventions and reflects the newest tendencies of how modern drug control policy should look like. Last but not least, it is important to stress, that effective drug control policy should be evidence based. That means that drug policy changes should be supported by science innovations, empirical data, cost-benefit analysis, etc.
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The Houthis are creating a global shipping crisis as they draw support and tribute from other Muslim countries and peoples for standing up for Palestinians in Gaza. But how far will it go before the West punches back in defense of "world trade" and regional security?On December 18, the Department of Defense announced the formation of Operation Prosperity Guardian. The ten-nation force aims to ensure maritime security in the Red Sea and the Bab al-Mandeb, which is a shipping chokepoint between the Red Sea and Gulf of Aden. Since October 7, the Houthis have launched more than a hundred armed drone and missile attacks — including several aimed at US warships on Saturday — claiming that they are targeting any and all vessels with links to Israel.These threats have caused global shipping companies to divert away from the Red Sea. Many are now sailing around the Cape of Good Hope, which can add over a week to sailing times and as much as 20% to shipping costs. The diversions are also impacting Egypt's fragile economy. Tolls from the Suez Canal are a significant source of hard currency for the Egyptian government. Additionally, the Israeli port of Eilat has seen its revenues decline by 80%. While the global costs of the Houthis' attacks on shipping are steadily increasing, the attacks are paying hefty political and even strategic dividends for the Houthis, who appear to be winning on the public relations front both in and outside Yemen. In Yemen, support for the Houthis, even among some enemies, has increased. In many other Muslim nations, the Houthis are viewed as being "the only Muslim group standing against Israeli aggression." The high profile attacks, including the hijacking of the Galaxy Leader, have stoked national pride among many Yemenis. The Houthis' sophisticated strategic communications operations draw all of these attacks to the attention of domestic and international audiences. According to Yemeni sources who spoke to this author, this has supercharged recruitment for the Houthis and has also led to an influx of donations to the war effort from Yemeni businesses and individual citizens. The attacks are also a demonstration of the Houthis' geographical reach and of their emergence as a regional power.The only negative consequence of the anti-Israel campaign, at least so far, has been a reduction of the number of ships docking in the Houthi-controlled ports of Hodeidah and Salif. Yemen imports well over 90% of its food and a majority of the imports arrive via Hodeidah. Duties and taxes arising from the port are an important source of revenue for the Houthis. Reduced dockings at Hodeidah and rising maritime insurance costs will begin to bite, too.However, it is the Yemeni people who will pay the heaviest price. The Houthis enjoy multiple revenue streams which include everything from a range of efficiently collected taxes, the seizure of businesses and properties, to interests in illicit activities that range from human and arms trafficking to the manufacture and distribution of various drugs.The Houthis are hardwired for resilience and adaptability. Nearly two decades of war have honed the Houthis' war fighting capabilities. After the effective fall of the Yemeni government in September 2014, the Houthis further enhanced these capabilities by grafting their organization into what remained of the Yemeni military and intelligence services. Since 2014, the Houthis have systematically taken over almost every aspect of civil governance, security, education, and the economy in northwest Yemen.While the Houthis were and remain one of the finest guerrilla fighting forces in the region, if not the world, their success on and off the battlefield in Yemen has been aided by the ineptitude and disunity of their enemies. Yemen's Internationally Recognized Government (IRG) and the cobbled together Presidential Leadership Council (PLC) have consistently failed to unify the dozens of militias that operate in those areas outside Houthi control. Additionally, the IRG has failed to reign in endemic corruption. A considerable portion of the Houthis' arms and materiel comes from what Saudi Arabia and the UAE provide to their proxies in Yemen. Many of these Saudi and Emirati supported militias sell weaponry into Yemen's thriving arms market where the Houthis or their agents buy the weapons. This is not to argue that there isn't corruption within the Houthi organization. There is. However, the corruption is managed and largely limited to senior members of the organization. The Houthis exercise tight command and control over their arsenals, weapons assembly facilities, government ministries, and a burgeoning economic empire in Yemen. Northwest Yemen has never had a more efficient or brutal government than the current Houthi-led regime.Since October 7, the U.S. and its allies have focused on defensive measures aimed at intercepting the Houthis missiles and drones. The costs of these measures are steadily increasing. The U.S. and its allies cannot easily continue to expend large numbers of scarce multimillion-dollar missiles to take out drones that can cost as little as a thousand dollars. The Houthis have factories, many of which are located in hard-to-target dense urban areas, which can manufacture — supplies permitting—dozens to hundreds of low-end drones per week. More sophisticated drones are produced at a slower pace, but the Houthis can still assemble several hundred of these over the course of a few months. While the Houthis have and continue to receive assistance and materiel from Iran, almost all the Houthis' drones and missiles are assembled in Yemen. The Houthis are also increasingly focused on modifying and adapting Iranian designs for missiles and drones to suite their own particular requirements.To date, the Houthis have only used a fraction of the armed drones and missiles that they currently possess. Nor have the Houthis made use of their more sophisticated longer-range drones and missiles. The Houthis also possess large numbers of naval mines, including hard to detect influence mines.The U.S.-led collation of ships that is now assembled in the Red Sea and Gulf of Aden, combined with the on-shore assets in neighboring countries, possesses enough firepower to degrade the Houthis' military capabilities, at least over the short term. However, such a campaign will need to be sustained for what could be months and will come at a tremendous cost for all involved. The Houthis are masters of asymmetric warfare—as clearly evidenced by their Red Sea campaign—and will respond to U.S.-led strikes by attacking energy infrastructure in Saudi Arabia and the UAE. The Houthis will also deploy more sophisticated missiles and armed drones. While U.S. and coalition warships will likely be able to defend themselves against these weapons, commercial shipping, especially tankers, will be increasingly vulnerable. The Houthis have already effectively closed the Bab al-Mandeb to many global shipping companies. Higher-intensity conflict in and around the Bab al-Mandeb could mean that Red Sea shipping traffic is diminished—or even stopped altogether—for months. The Houthis have largely achieved their objectives: impose costs on Israel and its allies, demonstrate their regional reach, and bolster domestic support. The U.S. and its allies have no good options when it comes to dealing with the Houthis. Apart from acting to constrain Israel's unrelenting offensive in Gaza, the only way of avoiding entering an escalatory loop is for the U.S. to continue to support Saudi and Omani led efforts aimed at reining in the Houthi's threats and attacks. Yet, at the same time, the Houthis only respect force. The current U.S. response is viewed as toothless by the Houthis, and many other nations and non-state groups will view the response or lack thereof in the same way. The conflict in the Red Sea is a harbinger of what the future holds as the diffusion of low-cost but increasingly capable weapons systems continues. The U.S. and its allies are inevitably going to face more and more situations in which there are no good options as the asymmetry between high and low-cost weapons systems increases.
La presente tesi non è solo l'esito di una ricerca su un precetto giuridico controverso, ma è anche la narrazione di un processo personale di scoperta, che a partire dallo studio di una specifica norma ha fatto emergere la complessità delle interazioni nell'ambito delle politiche in materia penale, economica, e finanziaria. Partendo da un approccio microsociologico focalizzato sull'analisi di una determinata norma penale, il reato di riciclaggio,1 la ricerca ha dovuto confrontarsi con temi di interesse macrosociologico, al fine di inserire l'analisi della legge all'interno di un contesto più ampio di politiche nazionali, europee e internazionali, di attori e di governance transnazionale. Per mantenere la scientificità dell'elaborato ho omesso di esprimere opinioni personali sui temi, talvolta di carattere fortemente politico, e ho cercato, invece, di presentare aspetti critici e discussioni aperte fornendo una visione completa e imparziale delle contrastanti argomentazioni in modo da lasciare il lettore libero di trarre le proprie conclusioni. Il riciclaggio di denaro sporco è il processo tramite cui a proventi di reati viene data un'apparenza di essere stati guadagnati in modo illecito. È un reato tipico della cosiddetta 'zona grigia', poiché avviene al confine tra la sfera della legalità e quella dell'illegalità. Nel momento in cui profitti realizzati illecitamente si mescolano ai flussi di denaro lecito è molto difficile discernere ciò che ha un'origine legale da ciò che è stato guadagnato illegalmente. Il reato di riciclaggio di denaro sporco è stato introdotto proprio per affrontare questa difficoltà ed impedire che le strutture legittime dell'economia e della finanza globale venissero abusate da trasgressori al fine di ripulire i proventi di reato. Infatti i flussi di denaro sporco utilizzano spesso gli stessi canali usati per le transazioni lecite; la loro riuscita dipende dalla cooperazione di professionisti quali avvocati commerciali, agenti finanziari, commercialisti, la cui reputazione è raramente sospetta. Data questa promiscuità spesso la gravità del fenomeno è sottovalutata dal pubblico che non ha gli strumenti per riconoscerne la pericolosità, anche a causa dell'assenza di vittime dirette. Dall'altra parte le stime sulla quantità di proventi di reato riciclati a livello mondiale (che oscillano tra il 2,5 % e il 5,5 % del PIL globale) richiamano l'attenzione su quella che Dalla Chiesa definisce la mitologia del volume dell'economia criminale,2 e una parte della letteratura descrive il riciclaggio come il lato oscuro della globalizzazione,3 e come uno dei maggiori problemi dell'era moderna.4 Con questa ricerca ho voluto mettere in discussione l'efficacia del reato di riciclaggio nel far fronte al fenomeno dell'infiltrazione dei flussi di denaro sporco nell'economia lecita. Sebbene la pratica di nascondere i proventi di reato in modo da evitare la persecuzione giudiziaria risalga probabilmente a molto tempo addietro, il concetto giuridico di riciclaggio è relativamente recente ed è stato introdotto nei codici penali nella maggior parte del mondo a partire dalla fine degli anni 80.5 Nel frattempo un gran numero di autori si è scagliato contro la scarsa efficacia delle legislazione anti-riciclaggio6, nonostante le innumerevoli novità introdotte e i cospicui ammendamenti che hanno in larga parte espanso il campo di applicazione della normativa. La decisione di scegliere il contesto tedesco come caso di studio deriva dal fatto che il paese è considerato avere un rischio particolarmente alto di riciclaggio di denaro sporco. Secondo il rapporto emesso dal 2010 dal GAFI (Groupe d'Action Financière), dal FMI (Fondo Monetario Internazionale) e dall'OCSE (Organizzazione per la Cooperazione e lo Sviluppo economico)7 ci sono alcuni fattori che rendono la Germania propensa ad essere usata al fine di riciclaggio di denaro sporco: il volume del sistema economico-finanziario, la locazione strategica al centro dell'Unione Europea con forti legami internazionali, l'uso diffuso di denaro contante,8 l'apertura delle frontiere, la vastità del settore informale, l'importante ruolo a livello di economia globale, e il coinvolgimento nei flussi di denaro transfrontalieri. Anche i media, a partire soprattutto dalla pubblicazione del citato rapporto, hanno attirato l'attenzione del pubblico sul fenomeno, descrivendo la Germania come "paradiso" o "Eldorado" per i riciclatori. Alcuni recenti scandali hanno visto coinvolte prominenti banche tedesche, come la Deutsche Bank, la Commerybank e l'Hyopovereinsbank, contro cui procure straniere hanno sollevato l'accusa di riciclaggio di denaro sporco.9 La legislazione in atto, ed in particolare l'articolo 261 del codice penale tedesco, non sembra essere sufficientemente efficace per contrastare il fenomeno, nonostante gli abbondanti emendamenti e il continuo processo di aggiornamento e di espansione del campo di applicazione della norma. Al fine di spiegare questa per lo meno apparente incapacità della norma di fare fronte al fenomeno del riciclaggio, ho costruito l'ipotesi di ricerca sulla base delle teorie sociologico-giuridiche relative all'efficacia del diritto, alle funzioni manifeste e latenti delle norme e quindi alle intenzioni espresse e non dal legislatore, all'efficacia simbolica del diritto e di singole legislazioni e all'impatto, inteso come comprensivo degli effetti indesiderati o collaterali. L'ipotesi di ricerca è che la norma esplichi una funzione simbolica di allineamento dell'ordinamento nazionale a quello europeo e transnazionale, di compromesso tra gli interessi politici in gioco, e di creazione di consenso pubblico verso il legislatore per essersi occupato della questione. Si ipotizza che il legislatore abbia quindi consapevolmente accettato o addirittura scelto di formulare una norma strumentalmente poco efficace, ma simbolicamente capace di raggiungere i suoi obiettivi latenti. Si solleva inoltre l'ipotesi che la norma sia stata appositamente approvata con lo scopo di non modificare lo status quo delle relazioni e strutture economiche, e di permettere quindi l'ingresso di capitali sporchi nel paese, sulla base del motto pecunia non olet. La suddetta ipotesi viene parzialmente smentita dai risultati della ricerca empirica. La ricostruzione del processo di produzione legislativa mette in risalto l'esistenza di svariati e contrastanti interessi e della forte pressione esercitata dagli organismi internazionali per l'introduzione e lo sviluppo del reato di riciclaggio, e conferma, quindi, l'argomentazione che la norma sia stata approvata in un contesto di pressione politica esterna e di necessità di trovare un compromesso tra diverse parti politiche. Anche l'analisi degli aspetti problematici dell'articolo 261 del codice penale tedesco messi in risalto dalla dottrina supporta l'ipotesi della simbolicità della norma. Il fatto che il legislatore abbia formulato un reato così complesso crea evidenti problemi di integrazione dello stesso all'interno del sistema penale tedesco, e quindi di accettazione da parte degli studiosi e potenzialmente da parte degli operatori del diritto. Inoltre, la scelta di costruire un reato così complesso riflette la necessità di venire a compromesso con opposti interessi, ma potrebbe essere anche essere interpretata come un disinteresse al raggiungimento di un'efficacia materiale. La ricerca empirica sull'implementazione dell'articolo 261, invece, smentisce l'idea che la norma abbia un'efficacia puramente simbolica. Infatti il numero di condanne, di investigazioni, ed in generale l'uso ricorrente della legge riscontrato nelle statistiche criminali provano che essa conduca ad effetti strumentali, oltre che simbolici. Inoltre, nella prospettiva di alcuni degli operatori del diritto e degli esperti intervistati, l'articolo 261 è percepito come una norma particolarmente efficiente, sia in relazione alle quote di chiarimento, che come strumento di demarcazione tra comportamenti leciti e illeciti, in un contesto di deregolamentazione del settore finanziario. Da un'analisi piè ravvicinata delle statistiche e di altri rapporti emessi da enti internazionali e nazionali emerge però un quadro non così univoco: La norma sembra colpire più le vittime dei network criminali che operano a livello transnazionale che gli autori, perché spesso i colpevoli sono coinvolti in transazioni sospette in cambio di guadagni monetari. Le cospicue indagini finanziarie non riescono a raggiungere coloro che operano dietro gli esecutori dei reati minori, ed infatti la maggior parte di esse si concludono senza una condanna per riciclaggio. Questo a fronte di un volume di denaro sporco circolante nel paese che rimane allarmante, secondo alcuni degli studi analizzati. Se da una parte i risultati dell'applicazione della norma, sebbene strumentali, non possono considerarsi soddisfacenti, perché non sono riusciti ad evitare l'ingresso di capitali illeciti nell'economia nazionale, dall'altra parte sembra che l'esistenza di interessi profondamente contrastanti in gioco renda quasi impossibile la formulazione di un reato piè efficace. La tesi è composta da cinque capitoli, un'introduzione e una conclusione. Nel primo capitolo espongo le teorie sociologiche adottate per la valutazione di efficacia della norma e il metodo della ricerca. Inizialmente richiamo concetti di efficacia forniti da discipline affini alla sociologia del diritto - tra cui per esempio il concetto di efficienza e di efficienza indipendente rispetto allo scopo (zielunhabhängige Effizienz) riferito agli apparati amministrativi - che torneranno utili per l'interpretazione dei risultati delle interviste. Successivamente procedo con una panoramica sulle definizioni di efficacia del diritto fornite in sociologia del diritto, sulla ci base adotto una nozione "elastica" -riprendendola da Ferrari- di efficacia di una norma che guarda alle funzioni della norma e alle intenzioni del legislatore, in una prospettiva "intenzionalistica": "la corrispondenza fra un disegno politico di utilizzo di uno strumento normativo e i suoi effetti". Tale nozione, oltre a prestarsi ad un'analisi critica del diritto, fornisce indicazioni utili per l'analisi empirica dell'efficacia della legge in questione. In particolare ritengo utile considerare le seguenti variabili: le intenzioni latenti e manifeste del legislatore, gli scopi diretti e ed indiretti, l'eventuale efficacia simbolica del diritto, l'implementazione, la ricezione della norma nel senso di accettazione nel sistema giuridico e di interpretazione e percezione da parte degli operatori giuridici. Nella seconda parte si evidenzia il rilievo di tali variabili con riferimento specifico al diritto penale. In conclusione, sulla base delle riflessioni teoriche, formulo l'ipotesi sull'efficacia simbolica del reato di riciclaggio nell'ordinamento tedesco, che verrà poi verificata nei capitoli successivi. Nello specifico, presumendo che il reato di riciclaggio, introdotto come strumento fondamentale della lotta alla criminalità organizzata, così com'è formulato non adempie agli scopi dichiarati, nonostante gli innumerevoli emendamenti finalizzati proprio ad aumentarne l'efficacia, ipotizzo un'efficacia simbolica della norma, introdotta per offrire un'immagine di efficienza al pubblico (elettori). Inoltre sollevo l'ipotesi che la norma sia stata emanata appositamente inefficace per neutralizzarne le aspirazioni di punizione delle condotte illecite tipiche dei colletti bianchi, in una lettura moderna del conflitto sociale che avviene tramite l'emanazione di norme, con la volontà di decriminalizzare secondariamente comportamenti tipici delle classi forti. Nel secondo capitolo analizzo il processo legislativo a livello internazionale, europeo e nazionale. Il processo che ha portato alla creazione del reato di riciclaggio a livello internazionale viene ricostruito tramite dichiarazioni di intenti degli attori partecipanti, opinioni pubblicate, trascrizioni dei dibattiti parlamentari. Una particolare attenzione è posta sulle diverse intenzioni degli attori che hanno partecipato alla formulazione del reato. Il processo legislativo che ha portato alla formulazione dell'attuale legislazione anti-riciclaggio è un processo complesso, in cui diversi attori partecipanti hanno contribuito con differenti aspettative e dunque attribuendo diverse funzioni alla criminalizzazione del riciclaggio. Al fine di permettere svariate interpretazioni del dettato normativo in modo da soddisfare i differenti bisogni, e con lo scopo di trovare un compromesso tra gli interessi divergenti, il reato di riciclaggio è stato formulato in modo vago. Mentre alcuni Stati (ad esempio la Francia) inizialmente sostenevano l'introduzione del reato con lo scopo di combattere i paradisi fiscali e rafforzare la lotta all'evasione fiscale, altri Stati, come la Svizzera, hanno accettato di firmare l'accordo internazionale sulla criminalizzazione del riciclaggio solo a condizione che l'evasione fiscale non fosse inserito nella lista dei reati antecedenti. Con la nascita del GAFI la policy viene usata allo scopo di difendere l'integrità del sistema finanziario dall'infiltrazione di capitale illecito e dal 2001 si aggiunge la funzione di lotta al finanziamento del terrorismo. Tramite la soft law emanata dal GAFI per la prevenzione del riciclaggio, si trasferiscono compiti solitamente pubblici al settore privato: banche e istituti finanziari devono segnalare alla polizia ogni transazione sospetta, devono raccogliere e mantenere informazioni sui clienti e verificare le identità dei clienti. L'Unione Europea finora ha emanato quattro direttive nell'ambito del riciclaggio, l'ultima risale al 20 maggio 2015. Inizialmente la CE non aveva competenza in ambito penale, perciò la materia riciclaggio fu assorbita nella sfera economica (DG Economia e industria). La funzione dichiarata dal legislatore è la protezione del mercato interno, con particolare riguardo al fatto che i criminali possano sfruttare la libera circolazione dei capitali e l'eliminazione delle frontiere. Le direttive esprimono anche la volontà di impedire agli stati membri di emanare regolamentazioni che possano bloccare il libero mercato al fine di difendere le proprie economie dall'infiltrazione di capitale illecito. Emerge dunque un ulteriore conflitto di interessi. Nella seconda parte ricostruisco il processo legislativo e le evoluzioni interne alla Germania fino al momento della scrittura e fornisco il quadro del sistema repressivo e di prevenzione anti-riciclaggio. L'articolo 261 StGB è stato introdotto con legge Gesetz zur Bekämpfung des illegalen Rauschgifthandels und anderer Erscheinungsformen der Organisierten Kriminalität, quindi nell'ambito della lotta alla criminalità organizzata. Il dibattito parlamentare rileva che la norma è il frutto di un compromesso sotto diversi aspetti, non ultimo il fatto che è stata emanata del 1992, a pochi anni dalla riunificazione, e che quindi è parte del processo di negoziazione per la formazione di un diritto penale adattabile alle due culture giuridiche. Il legislatore tedesco evidenzia alcune funzioni della norma: la lotta al consumo di eroina e al traffico di stupefacenti, la diffusione e la pericolosità della mafia alla luce dei fatti recenti italiani, la volontà di proteggere l'amministrazione della giustizia e di isolare i criminali puntando alla criminalizzazione dei cosiddetti gate-keepers. Nel terzo capitolo individuo alcuni dei problemi sollevati dalla dottrina tedesca sul piano teorico con riferimento alla criminalizzazione del reato di riciclaggio nel contesto del sistema penale tedesco. Uno dei temi più discussi è relativo al bene giuridico protetto. La dottrina non ha ancora trovato un accordo su quale interesse sia protetto dall'articolo 261 StGB, le ipotesi sono: gli interessi dei reati antecedenti, l'amministrazione della giustizia, il sistema finanziario e la sicurezza. La vaghezza del dettato normativo non aiuta a trovare un interpretazione dottrinale univoca. La questione del bene giuridico protetto, lungi dall'essere una mera questione teorica, risente delle diverse funzioni attribuite alla norma dagli attori partecipanti al processo legislativo. Finora la giurisprudenza, che pur è intervenuta a chiarire altre questioni relative alla norma, non è intervenuta sul tema. Un altro tema su cui il dibattito è ancora aperto è il fatto di aver previsto al comma 5 l'ipotesi di colpa lieve, in controtendenza rispetto al legislatore europeo. Questo, secondo alcuni studiosi porta all'assurdo per cui anche il panettiere Tizio che vende del pane ad un evasore fiscale Caio potendo aver riconosciuto che Caio fosse un evasore, si rende colpevole di riciclaggio. La questione del livello di mens rea richiesto per una condanna per riciclaggio era sorta anche durante il dibattito parlamentare e l'introduzione del comma 5 è stato sostenuto da un emendamento della SPD che avrebbe voluto criminalizzare anche l'ipotesi di colpa lievissima. Questo, secondo la CDU avrebbe messo un freno al mercato e alle transazioni, poiché avrebbe costituito una minaccia per chiunque avesse intrapreso operazioni economiche. Essendo la funzione della norma incerta, la dottrina si divide tra chi sostiene che questa vasta criminalizzazione faccia perdere il senso del reato che sarebbe invece colpire i criminali che agiscono con intento, e chi invece sostiene che la norma abbia lo scopo di impedire qualsiasi infiltrazione di denaro illecito e quindi richieda una responsabilizzazione di tutti colori i quali prendano parte in operazioni finanziarie o economiche. Ancora una volta l'indeterminatezza del precetto legislativo è di ostacolo ad un'interpretazione univoca. Il quarto capitolo offre un'analisi qualitativa delle statistiche officiali sull'implementazione della legge dal 1992 ad oggi da parte delle istanze repressive e di prevenzione. Tra i dati analizzati i più rilevanti sono per esempio il numero di segnalazioni di transazioni sospette ricevuto dalle procure, il numero delle investigazioni condotte, il numero di condanne effettivamente inflitte ed eseguite e per quale delle ipotesi di riciclaggio, il volume di denaro confiscato. Essendo tali numeri indici del funzionamento del sistema penale e non del fenomeno del riciclaggio per sé, in conclusione si confrontano tali statistiche con le stime sul volume di flussi illeciti in Germania. Tale analisi, non potendo dare conto del numero dei reati evitati, sulla base dell'efficacia deterrente della norma, non intende esaurire il giudizio di efficacia della legislazione. Tra i risultati più rilevanti vi sono il fatto che il 60% delle persone condannate vengono condannate per l'ipotesi di colpa lieve, che solitamente consiste in casi in cui una persona poco abbiente ha accettato di far usare il proprio conto a terzi per operazioni sospette in cambio di un guadagno. Nel 5% dei casi le condanne sono inflitte per le ipotesi aggravate di commissione da membro di un'associazione criminale o in forma commerciale. Nel 90% dei casi le transazioni sospette segnalate alle procure portano a una chiusura dei procedimenti per mancanza di indizi che possano sostenere un rinvio a giudizio. La norma sembra colpire delinquenti minori e non grandi gruppi criminali, né altri delinquenti più potenti. Si ipotizza inoltre che l'incapacità di sostenere un rinvio a giudizio nonostante le informazioni acquisite e le indagini preliminari riduce la capacità deterrente della norma e permette, invece, ai criminali di conoscere le modalità di funzionamento del sistema repressivo e agire di conseguenza. Inoltre, le transazioni sospette sono segnalate nel circa 90% dei casi sa parte di istituti di credito, mentre gli altri enti obbligati dalla legislazione non sembrano partecipare attivamente al processo preventivo, in particolare il settore forense e immobiliare e del gioco d'azzardo. Sulla base di questi dati si ipotizza un effetto spill-over, ossia un trasferimento di illegalità dai settori più controllati a quelli meno controllati. I rapporti pubblicati dalla polizia, invece, considerano l'articolo 261 StGB come una norma con una delle più alte quote di chiarimento (ca 90%), quota calcolata sul numero di casi chiariti dal sistema penale, a prescindere dalle modalità di chiarimento. Per quanto riguardo il volume di denaro riciclato, il capitolo richiama alcune delle stime pubblicate da diversi enti, tra cui il Fondo Monetario Internazionale, il GAFI e la polizia criminale federale. Essendo il fenomeno del riciclaggio un campo in cui la cifra oscura è stimata essere molto alta, tali dati non possono essere presi come misura obiettiva del fenomeno. Infine il capitolo si conclude richiamando alcune analisi del tipo costi-benefici per misurare l'efficacia delle politiche anti-riciclaggio o alcune delle sue norme, condotte da enti terzi. Tali analisi sembrano concordare nel considerare i costi di implementazione della politica più alti rispetto ai benefici conseguenti. Nel quinto capitolo, infine, vengono discussi i risultati della ricerca empirica con gli operatori giuridici e con alcuni osservatori privilegiati, in modo da fornire una prospettiva interna sul funzionamento della norma. Tramite le interviste condotte si mettono in luce aspetti della prassi giuridica non fotografati dalle statistiche, allo scopo di offrire un'immagine dell'impatto della legge quanto più vicina possibile alla realtà. La ricerca empirica si avvale di interviste con operatori del diritto e con osservatori privilegiati che siedono in posizioni ministeriali rilevanti nella lotta al riciclaggio. La metodologia adottata è di tipo qualitativo, è stato fatto uso di interviste semi-strutturate a operatori del diritto e a osservatori privilegiati. Il capitolo presenta le percezioni degli intervistati su quattro temi principalmente: la dimensione del fenomeno del riciclaggio, l'adeguatezza tecnica della legislazione, i conflitti di interesse intrinseci alla legge e sorti dall'applicazione della norma e l'efficacia delle legge. A fronte di un rapporto emesso da quattro ONG nel novembre 2013, sulla base di statistiche prodotte dall'UNODC e dal Fondo Monetario Internazionale, e immediatamente riprese dai media, che descrive il paese come "Eldorado" per i riciclatori,10 le interviste sono dirette a cogliere l'opinione dei rispondenti sulle dimensioni del fenomeno del riciclaggio in Germania. Un intervistato ritiene inaccettabile desumere dal PIL tedesco il volume di affari del crimine organizzato nel paese, e obietta che non si possa, sulla base del giro d'affari del centro finanziario di Francoforte, definire lo stesso come centro di riciclaggio di denaro sporco. Un altro intervistato, dichiara, al contrario, che sicuramente il fatto che la Germania abbia un'economia stabile ed un settore bancario affidabile attiri coloro che vogliano investire proventi illeciti, neppure quest'ultimo possiede, però, dati affidabili sulla quantità di denaro riciclato. Il riciclaggio, come altri fenomeni legati alla criminalità organizzata, è una fattispecie che per definizione sfugge alle autorità e ai confini nazionali. Lo scopo dello stesso è nascondere proventi di reato e sottrarli in questo modo al sistema repressivo, questo è sicuramente un elemento che rende complessa, se non impossibile, la sua quantificazione. D'altra parte, osservano i soggetti intervistati autori del Rapporto del 2013, l'incapacità di fornire statistiche rilevanti dopo più di 20 anni di lotta al riciclaggio, sembra essere un sintomo di una carente volontà politica nel contrastare efficacemente il fenomeno. Secondo gli osservatori privilegiati se la Germania fosse davvero un paradiso per i riciclatori, ciò non sarebbe collegabile ad un deficit legislativo, dato l'impegno del governo nella lotta al riciclaggio, negando, quindi, l'accusa rivolta dai media per cui i criminali sceglierebbero il paese tedesco ai fini di riciclaggio di denaro sporco sulla base delle lacune normative. Agli intervistati è stato chiesto di evidenziare aspetti positivi e problematici della legislazione. Tra i più rilevanti vi sono: la necessità di bilanciare il bisogno di punire la condotta di riciclaggio e rispettare i principi fondamentali del sistema giuridico, il disinteresse da parte degli istituti finanziari nell'indagare l'origine del capitale investito dai clienti, anche in caso di sospetto di provenienza criminale, a causa della possibile conseguente perdita di reputazione nell'ipotesi di apertura di investigazioni da parte delle autorità sul cliente sospetto. Vi è poi una difficoltà materiale nel condurre indagini finanziarie, che spesso, conducono a condotte illecite commesse all'estero; sul punto si osserva che le condotte di riciclaggio, intese come operazioni atte ad ostacolare la provenienza delittuosa, non avvengono su territorio tedesco, bensì all'estero, il denaro che entra in Germania, è, quindi, già "pulito". Inoltre, l'articolo 261 è stato introdotto nel sistema tedesco come trasposizione di una direttiva Europea e non rifletteva una necessità interna dello Stato; la formulazione così vaga, infatti, si presta più per il sistema giuridico degli Stati Uniti, in cui non vige l'obbligo dell'azione penale, mentre in Germania, dove i pubblici ministeri hanno l'obbligo di azione penale, tale norma porta ad iniziare numerose indagini senza avere la capacità di proseguirle. In generale, gli intervistati rappresentanti dei Ministeri rilevano la forte pressione subita da parte del GAFI e dell'Unione Europea per l'emanazione della legge anti-riciclaggio e concordano nel dire che se la norma fosse stata creata sulla base di una necessità e di un dibattito nazionale sarebbe stata scritta diversamente. C'è chi individua nel sistema penale le cause di inefficacia dell'articolo 261, nello specifico, la limitata possibilità di effettuare intercettazioni telefoniche, le restrizioni in materia di inversione dell'onere probatorio, e lo scarso utilizzo della confisca dei proventi di reato a causa del disinteresse da parte delle procure (gestite a livello di Bundesländer) nell'investire risorse in tal senso dato che i beni confiscati non resterebbero in mano al Bundesland ma verrebbero raccolti in un fondo federale e poi spartiti. Si osserva una generale mancanza di risorse pubbliche che porta ad una carenza di personale coinvolto nelle investigazioni e, quindi, ad una incapacità di far fronte ai processi in corso in modo efficace. Per questo motivo, i pm non hanno la capacità di indagare più a fondo casi di riciclaggio all'apparenza semplici, ma che potrebbero portare alla luce organizzazioni criminali operanti nell'ombra. Alla totalità degli intervistati è stata chiesta un'opinione sull'efficacia della legge. L'articolo 261 del codice penale tedesco è stato definito da un soggetto "una legge scritta in modo indecente, che produce risultati banali sul piano delle statistiche criminali, soprattutto con riferimento alle condanne per riciclaggio in grossi casi di criminalità economica". Il reato è così difficile da provare in giudizio, che risulta facile, per la difesa, sfruttare le lacune legislative per evitare una condanna per riciclaggio. I rappresentanti dei Ministeri confermano che la lettera dell'articolo 261 crea confusioni e che quindi l'accusa, pur trovandosi di fronte ad un caso di riciclaggio spesso preferisca perseguire i delitti presupposto. Questo non è, però, un sintomo di inefficacia, dato che l'effettività a cui mira il Ministero dell'interno non è data dal numero di condanne per riciclaggio, ma dal numero di casi risolti, e quindi dal numero di condanne in generale, a prescindere dall'imputazione. D'opinione opposta un altro intervistato che ritiene che l'articolo 261 non abbia alcuna capacità deterrente nei confronti della criminalità organizzata, "la norma ricorre così raramente nella prassi giudiziaria che di fatto non rappresenta una "minaccia" per i potenziali criminali". I soggetti intervistati esprimono più soddisfazione a riguardo della legislazione di prevenzione (GWG); in particolare, con riferimento alle piccole e medie imprese, per le quali è difficile riconoscere tra i partner commerciali coloro i quali investono denaro di provenienza illecita, la possibilità di affidarsi alle autorità investigative, in caso di sospetto è fondamentale. Un avvocato specializzato in compliance per società, descrive la norma preventiva come molto efficace e severa, tanto che è impossibile per le aziende, specialmente per quelle di medie o piccole dimensioni, adempiere a tutti gli obblighi prescritti dalla norma, ma, egli osserva, l'efficacia del sistema sta proprio nel fatto che le autorità di controllo, consapevoli dell'elevata rigorosità della legge, chiudono un occhio di fronte a lievi inadempienze. Una legge meno severa e un controllo più fiscale non otterrebbero la stessa efficacia, perché la norma non avrebbe lo stesso potenziale deterrente. L'efficacia all'interno delle amministrazioni responsabili per la lotta al riciclaggio è interpretata come efficienza dell'apparato, per questo motivo, non ci sono verifiche sull'efficacia degli strumenti giuridici sulla base degli scopi dichiarati, quanto piuttosto sulla correttezza del funzionamento dell'amministrazione e sulle possibilità di migliorarlo; il punto è capire come migliorare, non se il sistema sia efficace o no. Agli intervistati è stata chiesta un'opinione sull'eventuale efficacia simbolica della legislazione. La maggioranza delle risposte è stata negativa, gli sforzi compiuti da parte dello Stato -e quindi delle procure, della autorità competenti e della polizia- nel contrastare il riciclaggio e la criminalità economica non possono essere considerati simbolici. Alcuni intervistati ritengono assolutamente necessaria e strumentale – e quindi non simbolica- l'esistenza del reato nel codice penale come demarcazione di illegalità di tali condotte e come strumento atto a contrastare la criminalità economica perché mette in chiaro entro quali limiti le società possano perseguire profitti in modo legittimo. Di opinione diversa, invece, gli avvocati penalisti i quali si sono detti favorevoli a tale definizione sulla base dello scarso numero di condanne e soprattutto sulla mancata previsione da parte del Governo di mezzi adeguati per l'implementazione della legislazione. Lo stesso è osservato dal terzo settore, il quale sostiene che, a fronte di una legge complessa, oggetto di svariati emendamenti nel corso degli anni, non c'è stato un sufficiente impegno sul versante dell'implementazione; il coinvolgimento del GAFI e dell'OECD nella lotta al riciclaggio è percepito come un modo per creare posti di lavoro e nuove figure professionali, più che un'arena dove discutere efficaci strumenti di lotta ai reati economici. Altri elementi interessanti riscontrabili nelle interviste sono i conflitti di interessi che emergono dall'applicazione delle leggi anti-riciclaggio. Tra essi, vi è il dibattito tra il Ministero dell'Interno e quello di Giustizia in riferimento all'adeguatezza dello strumento penalistico nel contrastare la criminalità economica, dibattito già affrontato dalla dottrina, a cui, però finora, non è stata data una risposta univoca. Da una parte il Ministero dell'Interno auspica un intervento giuridico più deciso, che, per esempio, ricomprenda il reato di riciclaggio nella responsabilità penale degli enti (non ancora esistente in Germania) e sollecita una svolta politica generale in tema di criminalità economica dalla deregolazione del mercato finanziario all'intervento dello Stato in ambito economico ai fini di chiarire i comportamenti leciti e quelli illeciti. Dall'altra parte, il Ministero della Giustizia considera erroneo il ricorso al diritto penale ai fini di risolvere problemi di tipo economico o finanziario e cerca di frenare la tendenza moderna alla proliferazione penale, a favore di un intervento di tipo preventivo-sociale. A tal proposito, si osserva che agli incontri del GAFI a cui partecipano i rappresentanti dei Ministeri di Giustizia, coloro che provino a richiamare l'attenzione sulla necessità di rispettare i principi fondamentali costituzionali e di limitare l'intervento penale a tutela dei cittadini, vengano tacciati di non voler combattere la criminalità organizzata in modo efficace. In conclusione riapro la prospettiva a livello globale ed inserisco il reato di riciclaggio in una riflessione più ampia sulla governace finanziaria. In una prospettiva storica di analisi delle politiche economiche recenti si osserva come vi sia stata una tendenza a deregolare il mercato per mano delle istanze tradizionali pubbliche, e al contempo un aumento di strumenti transnazionali di cosiddetta soft-law che si sono fatti portatori di interessi particolari. Finché questa conflittualità non verrà risolta sarà impossibile impedire il riciclaggio di denaro sporco. Con particolare riferimento al contesto europeo, si prende atto che è stato molto più facile chiudere le frontiere per le persone fisiche e non a quelle giuridiche o ai capitali. ; This paper aims to question the sociolegal1 effectiveness of the money laundering offence.2 The literature that assesses the effectiveness of the anti-money laundering system is abundant. While most of it does not question the regime's goals this paper takes a step back and critically looks at the law-making process. In addition, while most studies have assessed the effectiveness of anti-money laundering law by looking at statistical outcomes, this paper takes a step forward and tries to explain those statistics by looking at legal praxis and at indirect effects. The significance of the research derives from the insertion of the analysis on money laundering offence in a broader political, economic and historical context. The methodology adopted is qualitative, with the intended purpose of underlining the complexity of the issue tackled, rather than reducing it through a quantitative approach. While most of the existing literature has quantitatively assessed the effectiveness of the anti-money laundering regimes on the basis of statistical data and other quantitative indexes and has tried to reduce the complexity of the issue by measuring it numerically, this research adopts a qualitative methodology, which instead highlights the entanglement and the different perspectives on the question. Money laundering is the process of giving profits originated illegally an appearance of having been made lawfully.3 Due to the tightening of economic criminal policies that limit the possibility of integrating ill-gotten gains in the legitimate economy, offenders have developed more and more complex methods and subterfuges to launder proceeds of crime, so the rise of a proper 'money laundering industry' (industria del riciclaggio) is mentioned.4 The total volume of money laundered is estimated to amount to between 2,5 and 5, 5 % of the world GDP.5 Due to the borderline nature of money laundering, which happens between the so-called 'legitimate economy' and the 'dirty economy', and thus involves different actors such as banks, the financial sector, certain professions and businesses, offenders, victims and law enforcement agencies, the legal response needs to compromise with all the various economic, political, social and financial interests at play. Furthermore, where legitimate business intermingles with illegal business and legitimate funds with illicit funds, it is very difficult to distinguish what is legal from what is not. The criminalisation of money laundering was specifically supposed to tackle this fine line. The goal of this research is to assess whether the choice of criminalising money laundering has been effective to tackle this fine line. In order to assess the impact of the domestic implementation of the existing legal framework, the research uses a case study that specifically questions the effectiveness of the money laundering offence in the German national criminal legal system. The interest in the German case derives from the fact that, according to the IMF, the OECD and the FATF, Germany might have 'a higher risk profile for large scale money laundering than many other countries'.6 There are some factors identified as enablers of money laundering activities, such as the large economy and financial centre, the strategical location in the middle of Europe, with strong international links, the substantial proceeds of the crime environment involving organised crime operating in most profit generating criminal spheres, the open borders, the large informal sector and a high use of cash, the large and sophisticated economy and financial sector, the important role in world trade, and finally the involvement in large volumes of cross-border trade and financial flows. The media have kept on reporting the fact that Germany is an ideal country, or even a paradise for money launderers.7 According to most recent media reports, corruption is increasing in Germany along with money laundering and organised crime,8 and illicit financial flows are estimated to amount to 50 Billion Euros annually.9 Renowned banks such as Commerzbank, Deutsche Bank, and Hypovereinsbank have been the focus of recent scandals due to their involvement in large tax evasion and money laundering schemes, investigated mostly by US law enforcement agencies.10 The legal framework has been considered as not being sufficient to tackle the estimated volume of money laundering. In 2007 and 2010 the European Commission initiated two proceedings against the German government for having contravened the European treaty by not having effectively transposed into national law the European framework to tackle money laundering and terrorist financing.11 In response to this wave of criticism, some important changes have been made.12 With specific regards to penal law, the legislature has amplified the scope of the money laundering offence and the sphere of criminal liability in order to improve the effectiveness of the existing legislation.13 Yet the continual expansion process has raised legal challenges that could constitute an obstacle for the effective enforcement of the measure. With regards to international legislation, scholars have often criticized the ineffectiveness of the anti-money laundering regime to not be able to achieve its goals and thus to be only appearance of public action. 14 While there is theoretical support for the perception that policies have contributed to a decrease in the incidence of money laundering, there is no evidence that this goal has actually been achieved.15 The official discourse describes the regime as a crucial tool to prevent and combat money laundering, and lawmakers have been focusing on expanding the reach of anti-money laundering laws. This work however takes a critical approach towards the existing legal framework and presents the view that questioning the effectiveness of the money laundering offence is essential before expanding the scope of the existing legal framework.16 On the background of the reflections based on the sociolegal framework that sets the definition of legal effectiveness with specific respect to criminal law, and on the critical literature on the inadequateness of the international anti-money laundering system to eliminate the targeted activity recalled in the introduction, the hypothesis underlying the case study is the following: Article 261 Gcc may be an example of a symbolic legislation, whose latent functions prevail on its declared functions. In particular, it is hypothesised that the law is an example of a 'compromise-law' that satisfy all parties taking part in the law-making process, thanks to the vagueness of the wording that allows a broad range of possible interpretations, and also thanks to the actual ineffectiveness, which pleases those who were contrary to the introduction of the provision. It is here necessary to recall the considerations on the 'legislator' being an heterogeneous group of parties not only constituted of members of the Parliament but often also by external actors, who can influence more or less transparently the law making-process. While the manifested function of tackling money laundering has in fact remained in the background, the thesis hypothesises that other latent goals have been pursued. It is further hypothesised that the 'law inaction' is part of a process of decriminalisation that intentionally grants impunity to a certain group of actors, in this case those laundering money, while giving the appearance that the practice is not accepted by law by labelling it as criminal. By using the concept of function, the study focuses on eventual conflicting interests emerging throughout the policy-making process and/or being displayed through the implementation of the provisions. In order to verify these hypotheses the research proceeds with a case study that aims at empirically assessing the sociolegal effectiveness of Article 261 Gcc. In particular, by applying the 'elastic' definition of effectiveness, the following chapters analyse the law-making process, the level of acceptance by legal scholars, the implementation, and the opinions of legal experts and professionals. The methodology adopted is qualitative. The research consists of a case study that includes a documental research, a qualitative analysis of statistical data and the conduction of interviews with privileged observers and legal actors. The study is a macro-sociological assessment of the effectiveness of a criminal legislation through the analysis of the motives that have triggered lawmakers to enact the current legal framework and the practical effects of the 'law in action'17 and of the 'law inaction'.18 Thanks to the use of sociological conceptual tools, as the ones of function, symbolic effectiveness, power, labelling, and legal culture, the research critically approaches the legal framework. In addition, the sociolegal perspective allows us to take into account the multidisciplinary nature of the phenomenon of money laundering and of its countermeasures and the diverse conflicting interests at play. The work has been conducted by a single person and not by a team of researchers; this has imposed a limit on the interviewing sample and the impossibility of undertaking, along with the qualitative analysis of the provision, a qualitative analysis of the jurisprudence and a quantitative analysis of the case law. In addition, criminal provisions have a deterrent purpose, yet in certain cases it is almost impossible to quantify the deterrence effect of those provisions, as in the case of the money laundering offence, and this represents a shortcoming of the current research. Official numbers are highly problematic, this element, despite impeding an objective quantification of the phenomenon, can represent a partial result for the qualitative analysis, because it highlights the complexity of the matter. The anti-money laundering regime is constantly evolving, and this would require continuously updating the assessment, instead the research provides a picture of the current situation. Yet the work offers the reader an instrument to critically interpret also possible changes in the wording of the money laundering offence that may be made following the publication of this work. The outcomes of the critical study on the reasons and effects of the current legislation can be used as a starting point for further research; the methodology set for the empirical analysis can be applied to assess the effectiveness of following developments. The structure of the thesis is the following: The first chapter presents the theoretical sociolegal framework and provides an operational definition of the concept of effectiveness that directs the empirical research. At the end the chapter describes the methodology of the qualitative research. Chapter two traces the genesis of the money laundering offence, as well on an internal, European and domestic level. The chapter analyses legislative intents, parliamentarian debates and other external contributions as declarations of intents and opinions through a desktop-study. The third chapter is dedicated to the doctrinal debate about the money laundering offence regulated in the German penal code. In particular the chapter highlights the controversial issues that have emerged through the abundant legal scholarship production, which might affect the effectiveness of the money laundering offence. Chapters four and chapter five present the empirical research. The fourth chapter analyses the quantitative data of the implementation of the money laundering offence from a qualitative perspective. The last chapter presents the results of the interviews. The main outcomes of the research are that the interests expressed more or less manifestly from the actors taking part in the initial phase of the creation of the anti-money laundering regime were strongly conflicting with each other. One representative example is the question whether to use the policy also to tackle large scale tax evasion or to leave proceeds deriving from fiscal crimes outside of the regime. Very different justifications were given for the criminalisation of money laundering at different stages. Often the declared motives did not correspond to the real goals of the actors taking part in the law-making process. The rhetoric connected to the seriousness of the drug issue was the manifest function of the new criminalisation of money laundering. However, other latent goals, for instance, the desire of financial institutions to clean their reputation and gain customs confidentiality or the interest of some governments to curb tax evasion were already present during this initial phase. Another controversial issue concerns the fact national states have adopted anti-money laundering measures under the pressure of the FATF, which is led by most industrialised countries.19 Despite lacking democratic legitimation, the FATF has imposed worldwide a brand new regime of criminalisation, prevention and enforcement. The legal framework has been used to address ever-new challenges, and this expansion process has been coupled by a rhetoric that scholars have defined the securitisation rhetoric.20 The most recent function manifestly attributed to the anti-money laundering legal framework, that is, in short, the protection of the soundness of the financial system. Especially in times of financial insecurity, the tendency of hardening laws against economic crimes increases. Having previously deregulated the financial system to enhance economic liberties, legislatures resort to criminal law to control illegality in the economy. As a response to the European financial crisis of 2007-2011, legislatures, instead of rethinking the approach towards the protection of the global finance, called for a tightening of economic crimes regulations. The European discourse on money laundering has mostly been related to the destabilisation of the market, the abuse of capitals' movement liberty, the disintegration of the internal economy. But, why was the EU so keen on imposing a common standard for the criminalisation of money laundering, without even enjoying competence in penal matters? The introduction of a common anti-money laundering control policy served to a latent function, namely to the purposes of the creation of the 'Single Market', by way of avoiding that Member States would have adopted measures inconsistent with the completion of the Internal Market, while taking action to protect their own national economies from money laundering.21 This was done by avoiding that domestic regulations implemented for protecting national economies from the infiltration of ill-gotten capital could have hampered the freedom of movement of capital within the European borders. The tension emerges, also in the wording of the most recent EU money laundering Directives, due to lack of Community action against money laundering could lead Member States, for the purpose of protecting their financial systems, to adopt measures which could be inconsistent with completion of the single market.22 There are thus conflicting interests between the claim for regulation to avoid the infiltration of illicit capital, and the demand for deregulation to foster the free market. The European legislature, however, did not declare completely this intention and justified, instead, the imposition of anti-money laundering rules given the threats posed by money laundering to the financial system and thus to society. According to this critical approach, the criminalisation of money laundering turns out to be more of a political tool aimed at achieving governance within the EU, while being presented to the public as an essential intervention to guarantee security and well-being. Once again, thus, the declared goals of the lawmakers did not correspond with the real intentions. It is especially in the interest of a research on the law's effectiveness to unveil functions that were undeclared, in order to evaluate the outcomes in a more critical way. Also from the analysis of the national law-making process emerged divergent opinions and expectations relating to the criminalisation of money laundering. The Parliamentarians debate that took place with regard to the introduction of the money laundering offence and other instruments to tackle drug-trafficking shows that the discussion was deeply embedded in the political-historical context. Given that Germany was just reunified after a period of two dictatorial regimes, the hearing gives the impression that lawmakers felt the responsibility of creating a new legal system against such historical background. In order to balance the very different legal cultures, the divergent approaches had to be compromised. The introduction of a new crime was particularly delicate due to the discriminatory and arbitrary use of criminal labels by the previous dictatorial regimes. Therefore, delegates would not easily give up on fundamental rights for the cause of persecuting criminals. The legislation can be seen as an attempt to balance the need to adopt more effective measures to tackle crime and the necessity of respecting the rule of law and creating a 'militant democracy'. Yet, given the external pressure of the FATF, the EU and of the media, the text was less of a compromise and rather a ratification of 'internationally' accepted standards. The rule of law was not the only issue emerged in the initial phase of the political debate. Controversial opinions were raised also with regard to the questions of the mens rea and the interest protected by the new criminal provision: Certain political parties supported the broadest criminal liability to ensure an effective prosecution of money laundering, other parties were worried that a widespread liability would have been cumbersome for the economic system. Moreover, along with the expansion of the international criminal legal framework to fight against money laundering, also the scope of Article 261 Gcc was extended to include ever-new predicate offences. From the analysis of the doctrinal debate, it emerged that legal scholars have revealed technical hindrances that hinder the provision's legitimacy and thus hamper a positive integration of the act in the criminal legal system. In addition, given that most controversial issues are caused by the wording of the offence, the chapter seems to uphold the idea of an intentional potential decriminalisation of money launderers. The wording of Article 261 Gcc has the potential of frustrating some of the intentions expressed by the legislature in occasion of the adoption of the provision. While the vague formulation of the money laundering offence was thought to tackle ever-new emergencies and has been justified by legislatures as necessary to ensure a more effective fight against money laundering, it has also raised issues that, far from being purely dogmatic, have undermined the acceptance of such law. If law makers have designed the offence in a broad way to allow the criminalisation of conducts that could not have been prosecuted by the existing offences before, the large discretion left to prosecutors, has resulted in a cumbersome element for the prosecution of money laundering. In addition, criminalising the reckless conduct without envisaging a specific criminal liability for security positions has widened the scope of the offence to the point that the law has missed its function of isolating criminals by criminalising gate-keepers' activities. In addition it emerged that there are some open questions with regard to the wording of the offence, for example the question of the interests protected by Article 261 Gcc. On one side a state intervention is considered necessary to contain the impact of economic misbehaviours to protect citizens, on the other side it is important to limit the resort to criminal law only for safeguarding individual or collective situations and not for defending an existing economic structure. The economic system may, in fact, not be considered as a collective interest that needs protection. Also, safeguards provided by penal law need to be substantial and not symbolic, because they urge to change a given situation of inequality, where criminals can profit from illegal practices while legitimate economic actors undergo unfair competition. From the doctrinal analysis it has instead emerged that the legislator seemed to be more interested in drafting a symbolic legislation that can be hardly integrated in the legal system and that raise strong challenges. Lawmakers have been focusing on expanding the reach of anti-money laundering in order to improve its effectiveness, yet without providing legitimacy for such expansion. One of the most meaningful fact observed in the qualitative analysis of statistical data is that organised crime and 'gross money laundering' are not persecuted through Article 261 Gcc. This fact can be inferred by the low number of convictions pursuant to Article 261 (4),23 by the low number of money laundering proceedings categorised as organised crime and by the low number of investigations in the field of money laundering, tax crimes and economic crimes recorded by public prosecutors offices in 2013, where more than one person was involved (18 %). Yet, this does not mean that the criminal justice system does not act against them, but rather that it uses other tools to achieve the goal. While the low conviction rate for serious money laundering cases could be also a symptom of a high degree of deterrence of the provision, it seems that law enforcement uses the money laundering charge as a fallback for authorities who are unable to acquire sufficient evidence in a preliminary phase for the predicate crime and necessitate further information otherwise not accessible. The charge of money laundering allows investigators to access the vast amount of information recorded pursuant to the GwG, which would not be otherwise accessible. Yet, after the investigative phase, prosecutors seem to prefer to modify the charge and opt for indictment for predicate offences instead. The law seems to be effective to the extent that it facilitates the initial investigations, while it does not serve directly the function of punishing money launderers. Besides having a substantial nature, the provisions seem to have a procedural function. It can be inferred that prosecutors find particularly difficult to bring evidence against organised money launderers also due to the fact that professional offenders do not leave traces. From the scarce use of Article 261 Gcc for tackling organised criminality, it can be inferred that the measure is not serving for one of the purposes declared by the legislature when introducing the offence. In addition, it can be hypothesised that other measures may be more suitable to tackle 'gross money laundering'. Given the high number of STRs filed and the low number of money laundering charges and of convictions deriving from the STRs since the introduction of the laws, it can be assumed that the system has been anyway maintained because it still provides some sort of benefits. It can be hypothesised that one benefit is the number of information provided to law enforcement agencies. This amount of recorded information is helpful not only to support further indictments, but also to increase the personnel awareness about the ever-changing money laundering techniques and schemes. Again the effect of the 'law in action' differs in respect to the declared legislative intentions, which justified the criminalisation of money laundering with the necessity of tackling organised crime's economic power. By spelling out this function, the assessment on the effectiveness of the law - as the possibility of collecting information - can be positive. Yet, this effect could be considered a social cost rather than a benefit. On a theoretical side, many scholars see the recording of personal information by private actors as an infringement of the right to privacy.24 On a more practical side such mechanism imposes significant costs on the designated businesses and professions that are in charge of collecting the data.25 When compared to the effective outcomes of the preventive regulations, in terms of law enforcement results, this aspect does not seem to win a cost-benefit analysis, as showed in the quoted researches. If one considers the advantages in terms of information collected, the policy may be considered worth the burden imposed, instead. However, the fact that the laws would have an effective impact on the long run on the fight against money laundering and organised crime may be seen as a diminished deterrence effect, because perpetrators would have the time to adapt to the new laws and find new ways of circumventing them. A collateral effect of the long-run effectiveness of the policy hypothesised on the basis of the outcomes of the research on the implementation is the fact that perpetrators could take advantage of the initiated but not completed cases, by acquiring knowledge about law enforcement strategies and thus develop subterfuges to elude them. On the contrary, it seems that the legislature is always running after to cope with the offenders' ever-new strategies. In fact, regulations about a new sector are updated when there is evidence that there is a risk of money laundering in that specific sector. Yet, offenders might have already moved their laundering activities to another sector. On the assumption that the inclusion of the reckless conduct would have potentially criminalised daily activities, a focus was posed on the number of convictions related to Article 261 (5) Gcc26 to verify the target of the criminal provision. Since 2005 a high number of convictions have been actually referring to reckless money laundering. This shows that the offence is used to punish primarily 'petty money laundering'. This fact can also be inferred from the relevant number of money laundering cases to the detriment of senior citizens, signalled by the FIU in the recent years. Also the fact that a significant number of STRs is filed in relation to the 'financial agents' phenomenon' is a symptom that the preventive mechanism targets more 'small fishes' rather than big perpetrators. Individuals convicted for the reckless conduct may be even victims of a fraud perpetrated by criminal networks. However, the criminal network acting behind the offender remains undetected. If on the one side it cannot be claimed that such offenders, given the lower degree of culpability should not be punished at all, on the other side this effect of the law involves a change of paradigm. The money laundering offence was initially introduced with the goal of tackling serious crimes. The observed effect, however, changes the function and the nature of the law, so that Article 261 Gcc could be considered rather a 'blue collar crime' more than a 'white collar crime'. From the analysis on the quality of STRs filed to the FIU, it can be inferred that certain designated professions and businesses are very reluctant in filing STRs, despite their notably exposure to money laundering risks. The list of designated professions and businesses has been amplified over the years exactly with the goal of facing this transfer of crime from one area to the other. Yet some professionals, such as legal advisors, do not report them, although they possess the capacity of recognising illicit transactions. The fact that some sectors do not actively participate in the effort of preventing money laundering, by allowing criminal proceedings to enter the legitimate economy, may lead to a general ineffectiveness of the system, because it can significantly hinder the capacity of the whole anti-money laundering system to respond to the ability of offenders to move their field of activity there where the law is lax. The provision does generate some instrumental effects by punishing offenders and by triggering a cooperation directed at signalling suspicious transactions between the obliged entities and law enforcement. However, some of the effects do not seem to completely fulfil the legislature's declared goals. For example the chapter seems to prove wrong the legislature's expectation of tackling the grey area by punishing gate-keepers or the attributed function of eliminating organised and serious crime. Given the high costs of implementation highlighted by the cost-benefits analyses, the rather low outcomes seem to be insufficient to fulfil the legislature's goals. Since it is sufficient that without latent functions it would be impossible to explain the adoption and maintenance of a legal act,27 it can be concluded that the intents declared by lawmakers do not satisfy the reasons why the provision was introduced. This opens up the hypothesis that Article 261 Gcc is an example of a symbolic legislation, which has been enacted with the purpose of compromising a complex parliamentarian debate. The analysis of the law-making process has revealed the existence of different expectations attributed to the introduction of Article 261 Gcc. Expectations that were conflicting with each other had to be negotiated and were compromised through the formulation of a vague offence that allowed different interpretations. Yet, the implementation of the law has led to the re-emersion of some of the conflicting situations. In addition, given that the policy regulates a complex and multifaceted issue new conflicts have emerged through its enforcement. The effects triggered by the norm can be indeed perceived positively or negatively by the different actors involved. In particular five principal conflicting situations have surfaced from the interviews. The first issue is the role played by external actors in the law-making process and the constant influence exercised by those actors in the process of updating the policy. The imposition of a US American approach to money laundering control through the role of the FATF has also been highlighted in the second chapter. Specifically, some scholars see the development of a global prohibition regime fostered by the US in the diffusion of anti-money laundering law. According to this literature, the powerful state creates an international regime focussed on achieving its own goals through global acceptance triggered by the securitisation rhetoric and compliance processes imposed through the menace of exclusion by international business relations. The second conflict that emanates from the words of the respondents is the one of the demand for criminal law to face financial misbehaviours and the necessity of limiting the tendency of expanding criminal law on the background of a situation of financial instability. Given the previous deregulation of the market, policy makers need to control and sanction economic abuse in order to protect fair competition and law-abiding individuals. On the other hand, the state needs to respect fundamental principles, such as the rule of law and the principle of ultima ratio that imposes a restriction of the use of criminal law in situations in which no other measures are suitable. This conflict has already been raised along the formulation of the money laundering offence with regards to the question of the interests protected by the law. Despite the legislator tying to limit the scope of the offence by attributing to Article 261 Gcc the protection of the administration of justice and of the interests protected by the predicate offences, this explanation was not considered suitable to the peculiarity of the offence. Indeed, shortly after the enactment, legal scholarship and the judiciary entered in a vivid debate in order to identify more suitable interests protected by the law, among them the financial and economic system under different perspectives. However, as chapter three shows, no solution could be found. In fact, the question concerning the suitability of criminal law to tackle illicit financial flows is perceived in the current research as still unsolved. The matter does not only concern money laundering control. On the contrary, it is a fairly widespread issue that has recently emerged due to the tendency of hardening economic crimes on the background of a situation of financial instability. The third conflict can be summarised as the following: on the one hand the policy being required to interfere with the personal sphere of suspected money launderers; on the other hand private institutions being interested in protecting their relations with loyal and trusted customers. Therefore, they are reluctant to give law enforcement the possibility to interfere too much in their business. The interest manifested by the private sector involved in the prevention of money laundering seems thus to collide with the legislative intent of preventing the infiltration of dirty money by way of preventing gate-keepers to help money launderers. The clash emerges at a micro-economic level and is triggered by the fact that the anti-money laundering policy demands an active participation by private sector in the detection of suspects. Private actors, are not appropriate to bear the burden of detecting offenders, moreover they need to protect the relationships with customers by avoiding unnecessary interferences. At the same time, the privatisation of crime control is questionable also from a governance point of view. It seems therefore that the public interest in persecuting crimes through having access to personal information from the private sector only marginally collides with the interest of protecting the right to privacy. Businesses and professions are predominantly interested in not interfering with their clients and in not bearing the burden of detecting offenders. The issue was also addressed during the national Parliamentarian debate, with regards to the degree of mens rea required for money laundering criminal liability. Making everybody taking part in economic or financial activities actively participating in the monitoring of the economic system under the threat of criminal liability for negligent money laundering was considered harmful for the business market. The same debate has been picked up by legal scholarship too. Yet, it seems that, despite the law being the result of negotiations, the question is still open. The fourth issue consists of discording opinions with regards to the opportunity of including tax evasion as predicate offence for money laundering. On one hand there is the interest of tackling tax evasion through the anti-money laundering regime, on the hand the concern of keeping the two phenomena distinct in order to avoid an overrating of money laundering. Since the genesis of the anti-money laundering policy, some actors taking part in the international law-making process, opposed the labelling of 'black money', naming money deriving from tax violations, as 'dirty money', indicating all proceeds of crime typically committed by organised crime. This distinction was based on the perception that tax-related offences were less serious and less harmful than capital flight and were advocated by financial centres in order to maintain a good reputation while still granting peculiar financial services, such as bank secrecy. This issue is a good example of the labelling theory, to the extent that it shows how a practice that was firstly not considered criminal enough to amount to a predicate offence for money laundering, has become part of the scope of the anti-money laundering regime on the basis of a political decision of labelling it as such. Respondents of the current research show to have different perceptions of the degree of the seriousness of tax laws violations and thus about the appropriateness and necessity of tackling them under the umbrella of the anti-money laundering policy. Again, the matter, which seemed to have been resolved through the negotiations on an international and European level, is still being debated at national level. The last two contrasting interests are the necessity of regulating the flows of money and the free movements of capitals in a neoliberal economy. The question is intrinsic in the nature of money laundering, which is a phenomenon that happens at the interface between legality and illegality. Regulations that facilitate the licit exchange of goods, capitals and services do also facilitate the flow of ill-gotten gains; there are thus conflicting interests between the public interest of persecuting crime and the claims for less regulation in a free market economy. From the interviews surfaced that not only opinions on the effectiveness of the law differ, but the very concept of effectiveness is perceived differently among the interview partners. Perceptions about how effective the anti- money laundering policy is appear to be similar among respondents belonging to the same experts' group. In particular, given the fact that the policy triggers many preliminary investigations, investigators work on a daily basis with the provision. This led to their opinion on the implementation of the legislation being rather positive. Positive opinions have common ground: they assert that the policy is not a simple one to implement, however, they believe that the legal practice has found its way through. On the contrary, defence attorneys specialised in economic crimes do not receive a significant amount of clients suspected for money laundering. For this reason they tend to have a rather negative opinion on the policy's effectiveness, also driven by the perception that the policy is not able to achieve the indirect goals. The diverse concepts of effectiveness provided by disciplines close to the sociology of law and the different definitions of effectiveness given by sociologists of law turn out to be useful here. Particularly the notions of 'efficiency' and of 'efficiency regardless of the goals' are proved very useful to interpret the respondents' opinions. Efficiency, is according to the administrative legal approach, the optimal relation between the goals achieved and the instruments used. A subcategory of this concept is the efficiency calculated through a cost-benefit analysis, of which some examples have been presented in the fourth chapter, which defines efficiency as the functioning of a legal order without assessing the goals achieved. This type of analysis focuses on the correctness of the operating system since the purpose of the system is its own existence. It refers to a whole legal order rather than to a specific single provision. Given that the anti-money laundering policy constitutes a legal order, due to the diverse regulations involved and the competent authorities created in order to achieve the goals of the policy, this notion can be applied. In the field of administrative legal theories, the first chapter has focussed on the approach that considers the (in)effectiveness of a law depending on its (failing) enforcement. A high degree of compliance of the anti-money laundering legislation might correspond to a high level of effectiveness of the policy with respect to its direct function, but at the same time to a rather low level of effectiveness with regards to its indirect purposes. The way to evaluate the degree of effectiveness is therefore also different. While compliance with legal provisions is calculated through a quantitative assessment of the processes in force and of the functioning of the system, the achievement of the indirect functions is measured on the impact of the policy. Interview partners have different perceptions about the indirect functions of the legislation too. This reflects, once again, the fact that the policy was a result of a compromise between different expectations and that the legislator was not able to limit the scope of its application to a particular goal. The different expectations and intents, which already emerged in the doctrinal debate about the legally protected interests, appears again in the different perceptions of the interviewees. The respondents were asked about the legislation's effectiveness with regards to one of the indirect functions, namely the capacity to deter organised crime. The legislator enacted the money laundering offence in the context of the fight against drug trafficking and other forms of organised crime, thus Article 261 Gcc's expressed rationale is the prevention and repression of organised crime. Finally, a relevant outcome regards the respondents' opinions on article 261 Gcc's latent symbolic function. Some of them agree with this. Others strongly oppose the hypothesis. They argue instead that the policy has instrumental effects on their daily practice, which cannot be defined as purely symbolic. According to most respondents, the law cannot be defined as symbolic, because it has led to instrumental effects. In the first place information gathered thanks to the GwG is used to start preliminary investigations under Article 261 Gcc. Secondly, the structure enacted to comply with the anti-money laundering policy is attainable and is visible and cannot be denied. Thirdly, the law is considered necessary because it labels a deviant behaviour. In particular, despite the fact that investigations do not lead to a conviction for money laundering they allow investigators to collect information in support of criminal cases for the predicate offences or to start a preliminary investigation for a predicate offence. In this sense, the function of the 'law in action', despite being questionable, is objectively instrumental. However, the fact that the law serves the purpose of tackling predicate offences through the support of investigations does not exclude the hypothesis that the law was enacted to pursue latent functions too. According to the sociologist Aubert, it is not necessary that the latent goal is the only one that plays a role, but it is necessary that the other purposes would not explain the analysed phenomenon completely. Indeed, in the opinions of those who exclude the symbolic function, yet the results achieved through compliance do not legitimate the burden imposed by the legislation. In other words, it seems that they recognise that the purpose of compliance cannot completely explain the policy makers' motivation, which re-opens the doors for the hypothesis of the existence of latent functions. In fact, such a demanding policy cannot be accepted for the sole purpose of re-enforcing the action of the criminal justice system in tackling predicate offences. On the other hand, compliance with the policy in terms of building of a structure and of expertise does not automatically mean fulfilling the policy's purpose. Particularly the creation of new professionalism, has been interpreted by scholars as a sign given to the public that the policy has produced certain effects. In conclusion, on the background of the research's outcome, the paper tries to reply to the question: (How) can the effectiveness of the money laundering offence be improved? While technical hindrances can (and perhaps) will be removed through legal reforms, 28 the inherent political economic and financial conflicting interests that impede a higher level of effectiveness are more difficult to solve. In contemporary industrialised economies there is a complicated and sometimes shifting boundary between legitimate and illegitimate transactions. This is particularly exacerbated in the context of financial capitalism, which 'subordinates the capitalist productive process to the circulation of money and monetary assets and hence to the accumulation of money profits'. Since the very beginning, determining the boundary between an area defined as 'criminal' and the space of 'legality' has been controversial. In fact, money has a neutral nature, pecunia non olet, making profit, irrespective of the monies' origin, is a very strong interest for both private and public entities, which collides with the one of eliminating illicit financial flows. In other words criminal policy goals diverge from purely economic interests. While one can assume the justice and correctness of the current financial system, and thus describes money laundering as harmful because it interferes with the existing economic order, one can also assume that the capitalist system leads per se to injustice and inequality, and that money laundering is actually embedded in this profit-oriented system and represents just the darker side of the capitalist economy. A compromised viewpoint is the one that describes money laundering as an accepted collateral effect of the capitalist system, that is to say 'a certain amount of illicit financial flows may be considered an acceptable price to pay for a market where free mobility of capital is guaranteed'. In other words, money laundering is intrinsic in or at least exacerbated by the capitalist system.
This paper aims to examine how effective Cuba's national security services were in working with drug traffickers to obtain their national goals, how exactly the Cuban government was involved and when these drug operations began, as well as the level of culpability on the part of the Castro brothers and legal veracity of the drug trials. Given the extreme lack of academic study into Cuban intelligence and their potential involvement in the drug trade, this research (utilizing interviews with persons who have direct involvement and insight, analyzing declassified files and memorandums) is highly instrumental in determining how effective Cuba has been in making effective foreign policy in addition to offering insights into how Cuba's military and intelligence agencies have performed covert action operations. ; Winner of the 2021 Friends of the Kreitzberg Library Award for Outstanding Research in the College of Graduate and Continuing Studies Graduate category. ; CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY "Trafficking for a Cause": Cuban Drug Trafficking Operations as a Foreign Policy Alan Chase Cunningham Norwich University Advisor: Gamze Menali 01 June 2021 CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningham ABSTRACT A capable intelligence service and military force is immensely integral to the national security policy of any nation, regardless of their political ideology or international activity. Cuba's national security apparatuses have proven themselves time and again to be exceptional at accomplishing the Republic's foreign policy goals. From the nation's early beginnings, in the 1960s and 70s, elements of the Cuban government were involved in the drug trade, either on an official or unofficial basis, utilizing drug trafficking as a form of aiding likeminded non-state actors, acquiring small arms and other weaponry, gaining U.S. currency, and making war against the United States. In the 1980s, following increased international outcry, multiple members of Cuba's military and intelligence forces were arrested, tried, and either executed or sentenced to prison for their roles in the drug trade. Many international observers, alongside defectors from Cuba's military and intelligence services and foreign governments, claimed that these trials were for show designed to protect the Castros. This paper aims to examine how effective Cuba's national security services were in working with drug traffickers to obtain their national goals, how exactly the Cuban government was involved and when these drug operations began, as well as the level of culpability on the part of the Castro brothers and legal veracity of the drug trials. Given the extreme lack of academic study into Cuban intelligence and their potential involvement in the drug trade, this research (utilizing interviews with persons who have direct involvement and insight, analyzing declassified files and memorandums) is highly instrumental in determining how effective Cuba has been in making effective foreign policy in addition to offering insights into how Cuba's military and intelligence agencies have performed covert action operations. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningham ACKNOWLEDGMENT I would first like to thank my thesis advisor, Professor Gamze Menali, at Norwich University. She provided exceptional advice and support that was highly integral to the completion of this thesis and my degree. Her comments were always well-received and significantly bolstered my paper's overall effect and allowed my research to take on a professional quality. A better advisor could not have been provided nor found. I additionally must thank those persons who sacrificed their time and allowed themselves to be interviewed for my final project. Bobby Chacon of the FBI, Fulton Armstrong of the Intelligence Community, Harry Sommers of the DEA, Mike Powers of the DEA, Pierre Charette of the DEA, Richard Gregorie of the U.S. Attorney's Office for the Southern District of Florida, Mike Waniewski of the DEA, Harry Fullett of the DEA, and Seth Taylor of the U.S. Customs Service. This work is intended to honor them and their years of service and dedication to the U.S. government. I would also like to thank two professors whom were of immense importance in my academic career; Professor Jonathan Brown and Assistant Professor Joshua Frens-String of the University of Texas. Both sparked my interest in Latin American affairs and guided me on how to conduct historical research. They were inspirations and role models for me as a historian. Finally, I would like to offer special thanks to both my mother and father who supported me in more ways than one through my entire educational career. My family, importantly Kaytlynn Lopez, were a source for comfort, relaxation, and support throughout this endeavor. I could not have done this without any of them. I hope this work looks well upon all of those who helped and inspired me and allows a new generation of researchers and scholars to better understand this period in Cuban history. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningham Table of Contents Introduction…………………………………………………………………………………….01 A Basic History of Cuba's Military and Intelligence Services……………………………….03 Early Beginnings: Cuba and Drugs in the 1960s…………………………………………….07 A Change in Policy: Cuba and Drugs in the 1970s………………………………………….16 The Cocaine Boom: Cuba and Drugs in 1980s……………………………………………….21 The Question of Culpability on the Part of the Castros…………………………………….52 Conclusion………………………………………………………………………………………61 CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningham1 Introduction Cuba's intelligence and military services are among the best in the world. They have been described in laudatory terms by intelligence professionals, national security theorists, and academics alike. Brian Latell, a former National Intelligence Officer (NIO) for Latin America and career Central Intelligence Agency (CIA) analyst, agrees and recounts how veteran counterintelligence officers from all areas of the U.S. Intelligence Community (IC) would, "stand in awe of how Cuba, a small island nation, could have built up such exceptional clandestine capabilities and run so many successful operations against American targets".1 The CIA's former Chief of Counterintelligence, James M. Olson, agrees, writing, "no foreign intelligence service rankled me more than [Cuba's]…It was ruthless, it was devious, and worst of all, it was very, very good".2 Analysts from the research and analysis think tank CNA agree with Latell, writing, "[Cuba's] intelligence services are widely regarded as among the best in the world – a significant accomplishment given the country's meager financial and technological resources".3 The longtime lead historian of Cuban affairs, Jorge I. Dominguez, wrote in the Oxford Research Encyclopedia of Politics, "Cuba's Revolutionary Armed Forces (FAR)…have been among the world's most successful military".4 Longtime attorney and the Chief of Narcotics for the U.S. 1 Brian Latell, Castro's Secrets: The CIA and Cuba's Intelligence Machine (New York, NY: Palgrave Macmillan, 2012), p. 01, https://norwich.on.worldcat.org/oclc/733231302. 2 James M. Olson, To Catch A Spy: The Art of Counterintelligence (Washington, D.C.: Georgetown University Press, 2019), p. 31, https://norwich.on.worldcat.org/oclc/1055568332. 3 Sean Durns, "Castro's dead, but his spies live on," The Hill, Capitol Hill Publishing, published 05 December 2016, https://thehill.com/blogs/congress-blog/foreign-policy/308811-castros-dead-but-his-spies-live-on. 4 Jorge I. Dominguez, "Cuban Military and Politics," Oxford Research Encyclopedia of Politics, Oxford University Press, published 29 May 2020, https://oxfordre.com/politics/view/10.1093/acrefore/9780190228637.001.0001/acrefore-9780190228637-e-1810. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningham2 Attorney's Office for the Southern District of Florida (USAO-SDFL) during the early 1980s, Richard Gregorie, has said that Cuba's intelligence services "is better than the CIA in Miami".5 It is apparent that, across multiple fields and specialties, Cuba is a well-regarded foreign power with a highly effective intelligence apparatus and robust military force. Not only that, but Cuba has been able to maintain effective relationships with like-minded state and non-state actors. Throughout the Cold War, Cuba maintained effective relationships with Latin American states by encouraging leftist revolutions amongst foreign populaces and aligning with foreign political parties6, becoming a benefactor to various regimes, political parties, and revolutionary groups in places like Venezuela, Angola, Nicaragua, and El Salvador. These relationships were maintained in a variety of ways from the providing of covert financial and military aid to the physical commitment of Cuban troops to ground warfare. It is well documented that, one of these relationships included the providing of security to drug traffickers and the usage of Cuba as a weigh station for drug traffickers. Through this almost three decade long covert operation, Cuba was heavily entrenched in building up beneficial relationships with non-state actors like the Revolutionary Armed Forces of Colombia (FARC) and legitimate nation states like Manuel Noriega's Panama, finding a steady source of income, and being able to make war against their age old adversary, the United States of America. By efficiently coordinating these operations and working to traffic illicit substances abroad, Cuba was able to improve their standing in Latin America and assist in the making of revolution abroad, essentially using the trafficking of drugs and other narcotics as a form of positive foreign policy. 5 Richard "Dick" Gregorie (former Chief of Narcotics for the USAO-SDFL) in discussion with the author, 08 April 2021. 6 "Castro and the Cold War," American Experience, Public Broadcasting Service, published 2005, republished November 2015, https://www.pbs.org/wgbh/americanexperience/features/comandante-cold-war/. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningham3 Despite the fact that this incident offers a great deal of information as to how Cuba has conducted themselves in a foreign policy sense and has made war against the United States, it has been only minimally studied. In researching this area, one can find only a few academic papers and books written from the late 1990s which covers this issue in depth, with other books on Cuban history or drug trafficking in Latin America failing to cover this area or devoting only a paragraph or two to the entire ordeal. By examining this issue in depth, one can be able to determine just how intricate and involved Cuba's foreign policy endeavors were in addition to better understanding Cuba and the Castro's commitment to the exportation of revolution. This research chronologically catalogs how Cuba engaged in the drug trade, where they expanded and how they altered plans to most effectively suit their own needs. This research also intends to determine the level of knowledge Fidel and Raul Castro, Cuba's most well-known and high ranking officials, had of the operation and show how Cuba's drug trafficking efforts either succeeded or failed in bringing about the results desired by the island nation. A Basic History of Cuba's Military and Intelligence Services To fully and best understand Cuba's involvement in the drug trade, one must first come to understand the nation's intelligence and military infrastructure. The history of the FAR began when Fidel Castro and the military arm of his 26th of July Movement (M26) returned to the nation in December of 1956.7 Though soundly crushed by Fulgencio Batista's forces, Castro's rebellion was able to persevere by launching successful guerilla raids upon important military targets and acquiring a devoted following of students and lower to middle-class Cuban citizens, eventually becoming militarily superior to Batista's forces and claiming the country in January of 1959.8 The rebel army, under the command of Fidel Castro and Ernesto "Che" Guevara, 7 Marc Becker, Twentieth-Century Latin American Revolutions (Lanham, MD: Rowman & Littlefield, 2017), p. 111. 8 Ibid. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningham4 purged the military corps of Batista's regime, executing, exiling, or simply discharging various officers before officially creating the FAR in October of 1959.9 The FAR was initially under the control of the Ministry of Defense, yet this was renamed to the Ministry of the Revolutionary Armed Forces (MINFAR) and was headed by Raul Castro, Fidel's brother and later Vice President.10 Between 1959 and 1961, Castro populated the FAR with officers and enlisted personnel who would remain loyal to the new government, implemented educational programs which served to expose the military to Communist and Marxist teachings, and established militias which bridged the gap between Cuba's military and societal structures.11 Cuba's intelligence service, the Dirección General de Inteligencia (until 1989, the service went by the acronym DGI, before being changed to DI; the acronym DGI will be used when referring to this service), was created sometime in 1961, the actual date being unclear, as placed under the jurisdiction of the Ministry of Interior (MININT).12 What is clear with the DGI, however, is their connections to the Soviet Union and the Komitet Gosudarstvennoy Bezposnosti (KGB). Immediately following the Bay of Pigs crisis, the KGB assisted Cuba in infiltrating Cuban exile groups in Florida and New York to determine if the Kennedy administration would try and oust Castro from power again.13 In March of 1962, the KGB set up an "operations base in Havana to export revolution across Latin America,"14 while later beginning an information 9 Damián J. Fernández, "Historical Background: Achievements, Failures, and Prospects," in The Cuban Military Under Castro, ed. Jaime Suchlicki (Miami, FL: University of Miami Graduate School of International Studies, 1989), p. 05. 10 Ibid. 11 Fernández, "Historical Background: Achievements, Failures, and Prospects," in The Cuban Military Under Castro ed. Jaime Suchlicki, p. 07-08. 12 "Cuba, Intelligence and Security," in Encyclopedia of Espionage, Intelligence, and Security, ed. K. Lee Lerner & Brenda Wilmoth Lerner (Farmington Hills, MI: The Gale Group, 2004), p. 292, https://norwich.on.worldcat.org/oclc/55960387. 13 Oleg Kalugin, Spymaster: My Thirty-Two Years in Intelligence and Espionage Against the West (United States of America: Basic Books, 2009), p. 51-53. 14 Christopher Andrew & Vasili Mitrokhin, The Sword and the Shield: The Mitrokhin Archive and the Secret History of the KGB (United States of America: Basic Books, 2001), p. 184, https://norwich.on.worldcat.org/oclc/727648881. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningham5 sharing operation with the Cubans and even putting in place a KGB liaison officer within the DGI.15 Since the beginning of Cuba's foray into the world of counterintelligence and foreign intelligence collection, the KGB has been heavily invested and taken a special interest in Cuban intelligence operations. Early Beginnings: Cuba and Drugs in the 1960s Stratfor, a private geopolitical intelligence firm based in Austin, Texas, wrote in 2008 that, "While seeking refuge from Batista forces in the hills outside Havana, the future dictator was sheltered by marijuana farmers. Castro promised the growers protection for their hospitality".16 While trying to corroborate this claim about Castro's promise is difficult, it is well-documented that the Sierra Maestra mountain range, where Castro and his 26th of July Movement carried out guerilla attacks against the Batista regime, "had been traditional outlaw country long before Castro – rife with smuggling, marijuana growing…".17 Cuban governmental involvement in the drug trade seemingly sometime shortly after the DGI was founded in 1961. A declassified Bureau of Narcotics and Dangerous Drugs (BNDD – the precursor to the Drug Enforcement Administration (DEA)) document details how, in 1961, a meeting was held between Che Guevara (then the President of Cuba's National Bank and head of the National Institute for Agrarian Reform (INRA)18), Ramiro Valdes (Che's deputy during the revolution and now head of the "[state's] security and intelligence apparatus"19), a Captain from Valdes' outfit, and Salvador Allende, then a Senator from Chile.20 The meeting first revolved 15 Ronald Young, "Cuba," in Encyclopedia of Intelligence and Counterintelligence (New York, NY: Routledge, 2015), p. 186, https://norwich.on.worldcat.org/oclc/436850527. 16 "Organized Crime in Cuba," Stratfor, Rane Corporation, published 16 May 2008, https://worldview.stratfor.com/article/organized-crime-cuba. 17 Gil Carl Alroy, "The Peasantry in the Cuban Revolution," The Review of Politics Vol. 29, No. 01 (1967), p. 97, https://www-jstor-org.library.norwich.edu/stable/1405815?seq=4#metadata_info_tab_contents. 18 Jon Lee Anderson, Che Guevara: A Revolutionary Life (New York, NY: Grove Press, 2010), p. 424. 19 Anderson, Che Guevara, p. 368. 20 Rachel Ehrenfeld, Narco-Terrorism (New York, NY: Basic Books, 1990), p. 24. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningham6 around Chilean politics, "but soon Comandante Valdes turned the talk to setting up a cocaine-trafficking network in order to raise money to help finance Allende…Valdes…suggested that Roberto Alvarez, chief of Cuban espionage, head the new organization".21 While attempts were made to gain access to this document via a FOIA request to the DEA, the DEA was unable to provide the document by the time of publication. This is not the only document which alleges Cuban governmental involvement in the drug trade during the early 1960s. Commissioner of the Federal Bureau of Narcotics (FBN - the precursor to the BNDD and therefore the DEA) Henry Giordano specified in multiple letters and internal memoranda that the FBN and BNDD had located, "a "pattern of Cuban nationals," who were "suspected Castro sympathizers . . . dominating the traffic" and "operating in Cuba, Mexico, Peru, Bolivia, and Chile to distribute large quantities of cocaine throughout the United States",".22 This mirrors what Giordano's predecessor, Harry J. Anslinger, seemed to believe in early 1961, that "the island nation [was] trying to subvert the United States with drugs".23 The BNDD too apparently, "investigated a purported Cuban government operation to sponsor marijuana and heroin crops in Cuba's Oriente province, using a secret department within the country's National Institute of Agrarian Reform".24 While both these incidences mention drug trafficking/production on the part of INRA and within Chile, seemingly backing up what the defector alleged to the BNDD, Giordano and Special Assistant to the Secretary of the Treasury David Acheson both changed their opinions in the mid-1960s. The two officials believed that while individual Cubans were involved in the drug trade, this was not government 21 Ehrenfeld, Narco-Terrorism, p. 24-25. 22 William L. Marcy, The Politics of Cocaine: How U.S. Foreign Policy Has Created a Thriving Drug Industry in Central and South America (Chicago, IL: Chicago Review Press, 2010), p. 92, https://norwich.on.worldcat.org/oclc/592756109. 23 William O. Walker III, Drugs in the Western Hemisphere: An Odyssey of Cultures in Conflict (Wilmington, DE: Scholarly Resources Inc., 1996), 171, https://norwich.on.worldcat.org/oclc/33132446. 24 Marcy, The Politics of Cocaine, p. 91. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningham7 sanctioned and was of such a tiny scale that it would be "too small to have much of an effect on the supply of dollars to that country".25 Naturally, for a government official to change their personal opinion (especially those with the highest access to sensitive documents), they must have been exposed to some form of information which detailed to them that their previously held notion of Cuban involvement was faulty. This being said, evidence collected by the Federal Bureau of Investigation (FBI), individual FBN agents, and allegations by Soviet defectors, seem to corroborate the investigations by federal agencies, pointing to drug trafficking endeavors sanctioned by the Cuban government. According to a letter penned by J. Edgar Hoover, the longtime director of the FBI, "several Colombian airplanes taken to Cuba in 1967 were hijacked on behalf of the Cuban government for the purpose of obtaining the cargo—smuggled heroin".26 The Federal Bureau of Narcotics also agreed with the FBI's assessment and even estimated the total worth of the heroin was in the twenty million dollar range.27 Also in 1967, "a Cuban trained Venezuelan intelligence officer established…Cuban link of drugs for guerrilla weapons in the hemisphere," detailing this information before the Organization of American States (OAS), "providing a major connection between Havana, the guerilla movements, and narcotics".28 Acting Federal Narcotics Commissioner and long-time FBN agent Charles Siragusa also claimed in March of 1962 that six Cuban drug traffickers arrested in Miami and New York were transporting cocaine from Cuba to the U.S. for the purposes of "raising money [and] 25 Marcy, The Politics of Cocaine, p. 92. 26 Marcy, The Politics of Cocaine, p. 93. 27 Ibid. 28 Ralph E. Fernandez, "Historical Assessment of Terrorist Activity and Narcotic Trafficking by the Republic of Cuba," The Law Offices of Ralph E. Fernandez and Associates, P.A., Ralph E. Fernandez, P.A., published 22 January 2003, p. 02. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningham8 demoralizing Americans and discrediting Cuban exiles in Miami".29 An FBN agent involved in the investigation and raid also confirmed this.30 A 2003 historical assessment focusing on the Cuban government's involvement in the drug trade and terrorism published by the law offices of Ralph E. Fernandez in Tampa, Florida indicated that Juvenito Pablo Guerra, the Miami group's ringleader, was an intelligence officer.31 Among the evidence that this cell was linked to the Cuban government and that Guerra was an intelligence officer includes "a supply of Communist literature and pictures of Cuban premier Fidel Castro in Guerra's apartment".32 While this piece of information is highly circumstantial in trying to link Castro to the drug ring, it does indicate that this cell was most likely not a grouping of exiled Cubans, ones who fled following Castro's claiming power in 1959, but rather were supporters of the Castro regime. Upon being sentenced in June of 1962 to "fifteen years in prison [for] narcotics conspiracy and assault with intent to kill a Federal officer…an undercover narcotics agent testified that Guerra was closely associated with Premier Castro and has been a member of a ring that had smuggled cocaine into this country from Cuba to obtain arms for Dr. Castro during the revolution".33 Also in the early 1960's, a FBN agent named Salvatore Vizzini was involved in the arrest of, "two Cuban agents…in Miami with large amounts of cocaine in their possession".34 29 "Cuba Plot Is Cited in Narcotics Raids," The New York Times, The New York Times Company, published 31 March 1962, https://www.nytimes.com/1962/03/31/archives/cuba-plot-is-cited-in-narcotics-raids.html?searchResultPosition=78. 30 "Big Cocaine Seizure Held Cuban in Origin," The New York Times, The New York Times Company, published 30 March 1962, https://www.nytimes.com/1962/03/30/archives/big-cocaine-seizure-held-cuban-in-origin.html?searchResultPosition=106. 31 Fernandez, "Historical Assessment of Terrorist Activity and Narcotic Trafficking by the Republic of Cuba," The Law Offices of Ralph E. Fernandez and Associates, P.A, p. 02. 32 "Big Cocaine Seizure Held Cuban in Origin," The New York Times. 33 "U.S. Jails 2 in Narcotics Case; One Reported Close to Castro," The New York Times, The New York Times Company, published 02 June 1962, https://www.nytimes.com/1962/06/02/archives/us-jails-2-in-narcotics-case-one-reported-close-to-castro.html?searchResultPosition=12. 34 Ehrenfeld, Narco-Terrorism, p. 25. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningham9 Recounting the arrest in a 1978 letter to Morley Safer of CBS' 60 Minutes, Vizzini detailed that the subsequent investigation proved conclusively that the arrestees (Ramon Diaz and Jose Barrel) were both working for the Cuban government and were either selling the cocaine for profit or were involved in trading the coke for weapons.35 Throughout Vizzini's law enforcement career, this would not be the only time he would encounter evidence of Cuban governmental involvement in the drug trade. Writing in his 1972 memoirs, Vizzini recounted one undercover operation in which he was sent to San Juan, Puerto Rico and received a teletype by HQ. The teletype contained "a lot of unconfirmed rumor" which included headquarters' suspicion, "that Castro and his boys were secretly involved in the smuggling [of narcotics]," while also including the names of two Cuban expats, Luis Valdez and Caesar Vega.36 Eventually being able to infiltrate the Puerto Rican underworld and meet with Valdez and Vega, Vizzini bought $750.00 USD for an ounce of cocaine. While the eventual arrests of those involved failed to capture both Valdez and Vega, the San Juan Police Department's Narcotics Squad seemed to believe the two had already fled back to Cuba.37 While the FBN seemingly was never able to confirm their suspicions about Valdez and Vega's relationships to the Castro government, it is worth pointing out that, in early Summer 1959, a Cuban Major similarly named Cesar Vega was in charge of a Castro sanctioned operation to overthrow the Panamanian government.38 Vizzini it seems held that, "there was reason to believe the operation was being carried on with the knowledge of Fidel Castro, that his supporters were running it, and that the profits were getting back to shore up the dictator's shaky 35 Sal Vizzini, letter to Morley Safer, 27 February 1978. 36 Sal Vizzini, Vizzini: The Secret Lives of America's Most Successful Undercover Agent (New York, NY: Pinnacle Books, 1972), p. 284. 37 Vizzini, Vizzini, p. 309. 38 Robert L. Scheina, Latin America's Wars: The Age of the Professional Soldier Vol. 1 (Washington, D.C.: Potomac Books, 2003), p. 56. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha1m0 government".39 In an extension of remarks placed in the Congressional Record in May of 1965, the CIA's view of these allegations and claims comes through. DeWitt S. Copp, a CIA analyst, detailed additional evidence concerning Castro and the Cuban government's culpability in the drug trade in a paper titled, "Castro's Subversion in the United States". Copp writes, "In December 1964, three Castro agents were arrested at Miami Airport – one of them a Cuban, Marlo Carabeo Nerey…On January 15, 1965, Oscar H. Reguera and Elidoro Martinéz were taken into custody in a New York motel with $3 million worth of cocaine in their luggage. Martinéz is believed to be a Cuban agent," while also making the claim that Cuba was engaging in narcotics trafficking in order "to finance an insurrection in Puerto Rico".40 The CIA, while any comment on the arrests of Juvenito Guerra's cell or the other arrests listed was unable to be found, certainly seemed to investigating that Cuba was, on some level, involved in the trafficking of narcotics to better support their own desires and machinations. This would also not be the last time that a group of drug traffickers would be alleged to be aligned with Cuba in the 1960s as well. In September of 1967, it was reported that, following an investigation conducted by the New York City Police Department (NYPD) and Queens District Attorney's Office, six persons were arrested for their involvement in a drug ring which brought in, "$2.88 million [of cocaine]…from Cuba to Montego Bay, Jamaica and then to New Orleans for the flight to New York".41 According to law enforcement officers, Cuban governmental officials knew about this drug trafficking ring yet, "did not interfere in the 39 Vizzini, Vizzini, p. 282. 40 Representative Craig Hosmer, Extension of Remarks, on 25 May 1965, "Castro's Subversion in the United States – Part I," 89th Cong., Congressional Record, https://www.cia.gov/readingroom/docs/CIA-RDP75-00149R000400100003-7.pdf. 41 "6 Are Seized Here With Cocaine Worth Nearly $3-Million," The New York Times, The New York Times Company, published 10 September 1967, https://www.nytimes.com/1967/09/10/archives/6-are-seized-here-with-cocaine-worth-nearly-3million-cuban-did-not.html?searchResultPosition=156. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha1m1 narcotics ring's activities and, in return, ring members supplied the Cuban government with information about anti-Castro elements in the United States," with members posing, "as fundraisers for anti-Castro elements," and then transmitting the contributor's information back to Cuba.42 Attempts to access the NYPD's files or interview detectives with relevant knowledge of the case were unsuccessful. In the late 1960s as well, it appears that some measure of involvement by the Cuban military in the drug trade was occurring within South Florida. Around 1969, two agents from the FBN/BNDD's Miami Field Office (FO) went undercover as local drug dealers to meet with a Cuban contact at a dock behind the Playboy Club in Miami at 7701 Biscayne Boulevard. According to former DEA Assistant Special Agent-in-Charge (ASAC) Pierre Charette, "the two agents did meet with a Cuban general and had discussed using Cuba as an entry point [for drugs]".43 Charette, who was not himself involved in the meeting but was close with one of the agents who was present, also confirmed that the Cuban general was an "active-duty [officer] with Castro's forces" and that the conversation was audio recorded by one of the agents.44 What one can see here is Cuba utilizing drug trafficking, not as a way of gaining an upper hand against the United States or to gain a better financial standing, but rather as a form of information gathering and intelligence collection on potential political and national security threats. By aligning themselves with a non-state actor able to work abroad in foreign land without arising suspicion from counterintelligence organizations, the Cuban government was able to better defend from foreign threats by Batista supporters and anti-Castro groups. In the form of gaining the upper hand on adversaries and gathering intelligence, this is an ingenious 42 Ibid. 43 Pierre "Pete" Charette (retired Assistant Special Agent-in-Charge with DEA) in discussion with the author, 16 March 2021. 44 Ibid. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha1m2 tactic. In the late-1960s, a defector alleged that "Raúl Castro and/or his associates within the Cuban Defense Ministry actively discussed the issue of drug trafficking as an ideological weapon to be used against the United States [and that] Czech intelligence operatives trained Cuban agents to produce and distribute drugs and narcotics into the United States".45 This claim was made by Major General Jan Sejna, a military officer in the Czechoslovak People's Army and, "chief of the political wing of the Czech Defense Ministry and…member of the Communist Party's General Staff and the National Assembly, the country's legislative body".46 Sejna defected in 1968 following the "Prague Spring" under allegations of embezzlement by reformist Communists led by Alexander Dubček, a political opponent of Sejna's "patron, Antonin Novotny".47 Following Sejna's defection, both the CIA and the Defense Intelligence Agency (DIA) kept Sejna on their payroll as a counterintelligence analyst and consultant.48 Throughout the 1960s, it is apparent that Cuba was, at the least, a way station for drug traffickers to resupply before heading on into the United States (as the island nation had served since the mid-1500s)49 or, at the most, was officially sanctioning the trafficking of narcotics into the U.S. for profit. Given the fact that Cuba was a newly created country and was in dire need of economic stability, it makes sense that Castro's regime would engage in some form of drug 45 Emilio T. González, "The Cuban Connection: Drug Trafficking and the Castro Regime," CSA Occasional Paper Series Vol. 02. No. 06 (1997), p. 01-02, https://scholarship.miami.edu/discovery/delivery?vid=01UOML_INST:ResearchRepository&repId=12355424610002976#13355471490002976. 46 Louie Estrada, "Gen. Jan Sejna, Czech Defector, Dies," The Washington Post, The Washington Post Company, published 27 August 1997, https://www.washingtonpost.com/archive/local/1997/08/27/gen-jan-sejna-czech-defector-dies/0aa7916b-1005-4595-9a2e-5dc51012dbf5/. 47 David Stout, "Jan Sejna, 70, Ex-Czech General and Defector," The New York Times, The New York Times Company, published 30 August 1997, https://www.nytimes.com/1997/08/30/world/jan-sejna-70-ex-czech-general-and-defector.html. 48 "Gen. Jan Sejna, Czech defector, dead at 70," Associated Press, Associated Press, published 26 August 1997, https://apnews.com/article/395f04eda00526846fb4d3cfff44f726. 49 T.J. English, The Corporation: An Epic Story of the Cuban American Underworld (New York, NY: HarperCollins Publishers, 2018), p. 04, https://norwich.on.worldcat.org/oclc/990850150. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha1m3 production and trafficking to provide a certain level of income. Additionally, it also would allow the new nation to craft strong foreign ties to non-state actors and individual governmental officials abroad who could prove valuable in other, more legitimate matters. After the Bay of Pigs fiasco in April of 1961, in which the United States and the Cuban governments became more antagonistic towards one another, one can see (based upon U.S. documents and defector testimony) that Cuba began taking further actions of trafficking narcotics into the U.S. as a method of covert action, "those activities carried out by national governments or other organizations…to secretly influence and manipulate events abroad".50 Sejna's allegations, if true, corroborate a great deal of what the FBN/BNDD and FBI found during the course of their criminal investigations, that the Cuban government was involved in the creating of narcotics and the trafficking of drugs throughout the Latin America region. Given the abundance of evidence surrounding Cuba and the drug trade in the 1960s, it would be logical to believe that some elements of the Cuban government (either individual ministers, agency heads, etc.) or Fidel and Raul Castro themselves, were involved in the trafficking or shipping of narcotics to the United States from Cuba. While the amount of evidence conclusively linking the Castros to the drug trade in the 1960s is minimal (with perhaps the most concrete evidence being the undercover agent's testimony during the Guerra trial), given the fact that Castro exerted a tight grasp upon the daily functions of the government and was heavily involved in minute details of military operations, foreign policy endeavors, and domestic matters, it is hard to envision that Castro was not aware of these operations or was completely oblivious to them. These operations to traffic drugs, throughout the 1960s, do not appear to be a large scale 50 Loch K. Johnson & James J. Wirtz, "Part IV: Covert Action," in Intelligence: The Secret World of Spies: An Anthology, ed. Loch K. Johnson & James J. Wirtz (New York, NY: Oxford University Press, 2015), p. 237. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha1m4 policy stance. It did not appear to be organized nor a prominent feature of the Cuban government's foreign policy or income. The usage of drug trafficking by governmental entities and the allowing of drug traffickers to ply their trade within the island nation indicates this was done in an effort to garner additional currency, gather intelligence on threatening groups, or temporarily assist foreign allies. These operations do not seem to be large scale or integral to the overall conduct of the Cuban government, but are instead minor and almost done in a tentative way, perhaps out of fear of reprisal from the U.S. or the Soviet Union had their activities been uncovered. A Change in Policy: Cuba and Drugs in the 1970s Throughout the 1970s, the solidifying of the relationship between the Cuban state and non-state actors became more apparent. It was at this time that the Cuban government began making more long-lasting and profitable strides into the global drug trade while also greatly increasing their alignment with non-state actors and strengthening their foreign policy goals. At this time in Cuban history, Cuba was involved in a variety of foreign policy endeavors and military conflicts. Having failed in the 1960s to become self-sufficient economically, the island, "turned to the Soviet Union for support…[increasing] its subsidies for the Cuban economy through running trade deficits with the island and paying above-market prices for its sugar", further cementing the Soviets' presence in the nation-state.51 Given the fact that Cuba was in need of hard currency and did not desire to be too reliant upon the Soviets, Cuba can be seen as somewhat increasing their drug trafficking and security operations significantly in the mid to late-1970s. Evidence of Cuban involvement in the 1970's drug trade came through in the early-mid 51 Becker, Twentieth-Century Latin American Revolutions, p. 127. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha1m5 1980s and onward, with multiple defectors and arrested drug traffickers from Cuban military/intelligence organizations and Latin American cartels respectively offering this information to the U.S. government. Cuban defectors and drug cartel associates arrested in the 1980s indicated "in late 1975, some of Colombia's best-known and biggest cocaine kingpins met secretly in Bogotá…with the Cuban ambassador Fernando Ravelo-Renendo…Havana not only was prepared to ignore drug-laden mother ships operating in its waters but also to provide fueling and repair services to its ports…Havana also offered to escort the narcotics boats upon leaving Cuban ports, as well as provide Cuban flags to disguise their origin all the way to feeder vessels stationed off the Florida Keys," in return for roughly "$800,000 per vessel".52 In her book Narco-Terrorism, Rachel Ehrenfeld, then a research scholar at New York University School of Law, claims that Ravelo-Renendo was a Cuban intelligence operative from the Departamento América53, a "parallel intelligence apparatus"54 headed by Manuel Piñeiro Losada. It does seem that Ravelo-Renendo was a Cuban intelligence operative of sorts as, upon his death in July of 2017, a former Cuban Army officer wrote a detailed obituary documenting Ravelo-Renendo's services to Cuba, mentioning his entry into Cuba's intelligence service and his tenure during the 1970s as Cuba's Ambassador to Colombia.55 According to Dirk Krujit, professor emeritus of development studies at Utrecht University, the Departamento América was a unit which, "conducted Cuba's secret foreign 52 Ehrenfeld, Narco-Terrorism, p. 29-30. 53 Ibid. 54 Nora Gámez Torres, "He now hunts Cuban human-rights abusers in the U.S. Was he one himself?" Miami Herald, The McClatchy Company, published and updated 12 July 2018, https://www.miamiherald.com/news/nation-world/world/americas/cuba/article214754450.html. 55 Alfredo García, "Cuban internationalist veteran Fernando Ravelo dies," Colarebo, Colarebo, published 04 July 2017, https://translate.google.com/translate?hl=en&sl=es&u=https://colarebo.wordpress.com/2017/07/04/fallece-veterano-internacionalista-cubano-fernando-ravelo/&prev=search&pto=aue. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha1m6 relations under the direct supervision of, and access to, Fidel Castro"56 with these secret foreign relations techniques coming in the form of "[supplying] arms, money, intelligence, guidance, and a rear base to a variety of leftist guerilla movements in Latin America that wanted to duplicate the Cuban model".57 Manuel Piñeiro Losada too was a close friend of both Fidel and Raul Castro, having solidified his position as a loyal intelligence officer during the revolution.58 An interview with retired Resident Agent-in-Charge (RAC) of the DEA's Tampa office, Mike Powers, also was able to shed some light on how important Cuba was in the Colombian drug trade. He relayed an incident detailed to him by a smuggler arrested sometime in the 1980s who later became an informant. According to the smuggler, in the early 1970s, "he was flying a load of marijuana from Colombia to Florida…As he was almost across [Cuban airspace], a Cuban MiG came up, flew next to him and signaled to follow him and land. At that point, he [the smuggler] held up a bale of marijuana and the pilot laughed and signaled [him to] go ahead [through Cuban airspace]".59 While this incident does not indicate official government sanctioning of the drug trade nor some larger effort by the Cuban government to enter into the drug trade, this piece of information is indicative of how important Cuban airspace was in the drug trade and also how individual Cuban military officers or officials may have begun engaging in the drug trade to attain either larger foreign policy goals or as an extra source of income. This information is all quite interesting as this is the first time there is some form of evidence, albeit tangentially, in which Cuban officials and members of drug cartels met to 56 Dirk Krujit, Cuba and Revolutionary Latin America: An Oral History (London, UK: Zed Books, 2017), p. 05, https://norwich.on.worldcat.org/oclc/964892858. 57 Larry Rohter, "Manuel Pineiro, Spymaster For Cuba, Is Dead at 63," The New York Times, The New York Times Company, published 13 March 1998, https://www.nytimes.com/1998/03/13/world/manuel-pineiro-spymaster-for-castro-is-dead-at-63.html. 58 Dirk Krujit, "Cuba and the Latin American Left: 1959-Present," Estudios Interdisciplinarios de América Latina Vol. 28, No. 02 (2017), p. 32, http://eial.tau.ac.il/index.php/eial/article/view/1519/1623. 59 Mike Powers (retired Resident Agent-in-Charge with DEA) in discussion with the author, 20 December 2020. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha1m7 discuss a potential relationship revolving around the drug trade. However, this information must be treated with care in that these come from the mouths of defectors who must be listened to warily and have their claims treated with suspicion given the facts they, on occasion, will say anything in order to be given a lesser sentence or protection. Attempts to try and access CIA or other IC members' files were largely unsuccessful. However, declassified files were able to shed some light on the area. According to a declassified November 1983 document from the CIA, the Agency documented a series of claims revolving around Cuba and the drug trade, including one which mentioned how "Cuban officials, including Fidel Castro, has considered a scheme in 1979 to deal with narcotics smugglers in order to obtain hard currency for Cuba and contribute to the deterioration of US society".60 The CIA did mention as well that "not all of [these reports] have been corroborated", though were comfortable enough with the totality of the reports that they did endorse the belief that Cuba was involved, in some measure, with drug traffickers.61 The American non-profit, Foundation for Human Rights in Cuba (FHRC), produced a historical work in 2019 documenting Cuba's involvement in Venezuela, including a section on Cuba's alleged involvement in the international drug trade. They allege that Cuba's official entry into the narcotics trade began in 1978, "with the creation of a department for [MININT] operations inside the Cuban corporation CIMEX [Corporación de Industrias Mixtas de Exportación], for money laundering and marijuana trafficking".62 The FHRC cites Norberto 60 U.S. Intelligence Community, Central Intelligence Agency, Directorate of Intelligence, Drug Trafficking: The Role of Insurgents, Terrorists, and Sovereign States (Langley, November 1983), p. 05-06, https://www.cia.gov/readingroom/docs/CIA-RDP85T00283R000300010008-6.pdf. 61 Ibid. 62 Juan Antonio Blanco, Rolando Cartaya, Luis Domínguez, & Casto Ocando, "Cubazuela: Chronicle of a Cuban Intervention," Foundation for Human Rights in Cuba, Foundation for Human Rights in Cuba, published April 2019, p. 87, https://www.fhrcuba.org/wp-content/uploads/2019/04/CUBAZUELA-CUBAN-INTERVENTION-English.pdf. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha1m8 Fuentes, an original member of the Cuban Revolution and Castro historian, as the source for the claims. While Fuentes' exact statements were unable to be accessed, it is known that a defector from Cuba's Ministry of the Interior, Major Jose Rodriguez Antonio Menier, too claimed that CIMEX was "linked to the drug trade" while even going a step further and stating that Castro had knowledge of general drug trafficking and CIMEX operations, using the profits to "support and opulent lifestyle [and fund] off-budget projects".63 Maria C. Werlau, an independent scholar and Cuban human rights activist, speaking to other anonymous defectors from the DGI, confirmed that CIMEX had a department entirely under the control of MININT in addition to making the allegation that, "100% of their revenue went into Fidel Castro's accounts".64 In testimony before Congressional subcommittees during the late-1980s, two convicted drug traffickers provided similar statements on Cuban involvement in the drug trade. One of them, Luis Garcia, testified that, in either "late-1979 or early-1980, Cuban officials offered him use of airstrips for refueling drug flights" and though he did not accept, "he was aware of other smugglers who did".65 Another trafficker named George Morales claimed that during a 1979 meeting in Cuba, he was sold planes which were seized by the Cuban government (presumably, Morales either stripped these planes for parts or would use them in his own drug trafficking endeavors) before eventually getting the Cubans to agree "to allow his pilots overflight rights through Cuban airspace".66 Senator John Kerry, Chairman of the Subcommittee on Terrorism, 63 Don Podesta, "Ex-Cuban Officer Says Castro Profited from Drug Trafficking," The Washington Post, The Washington Post Company, published 26 August 1989, https://www.washingtonpost.com/archive/politics/1989/08/26/ex-cuban-officer-says-castro-profited-from-drug-trafficking/5f7a23ba-b4ad-4bc6-b8ec-fbea4470bac5/. 64 Maria C. Werlau, "Fidel Castro, Inc. A Global Conglomerate," Cuba in Transition Vol. 15 (2005), p. 379, https://ascecuba.org//c/wp-content/uploads/2014/09/v15-werlau.pdf. 65 U.S. Congress, Senate, Committee on Foreign Relations, Subcommittee on Terrorism, Narcotics, and International Operations, Drugs, Law Enforcement, and Foreign Policy: A Report, 100th Cong., 2nd sess., December 1988, p. 64. 66 Ibid. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha1m9 Narcotics, and International Operations, did however call Morales' statements "obviously incomplete", indicating that Morales' assertions required additional substantiation either through federal investigations, informants, or defectors.67 Attempts to find further evidence of Cuban involvement in the Western Hemispheric drug trade during the 1970s was minimal. It does appear that a top-secret, interagency, criminal investigation, initially codenamed "Operation Delta", was being conducted by the FBI, DEA, NYPD, and Chicago Police Department with the stated goal of "[digging] into the burgeoning Cuba-to-Florida narcotics trade and the distribution of drugs out of Miami".68 The details of this operation, however, are incredibly marginal, with attempts to access the records of this operation failing, despite multiple FOIA requests to the relevant agencies. It is possible that Cuba was not as active in the drug trade during this time due to the other foreign policy endeavors the nation-state was undertaking at that time (extensive military operations in Angola, South Africa, and Ethiopia). Due to the immense pressures going on with the nation, it is highly possible and logical even that Cuba toned down any drug trafficking activities that may have been going on. However, with the Soviet Union's death becoming more imminent and Cuba's foreign policy becoming more Latin American focused in the 1980s, Cuba seems to have significantly increased their ability at trafficking and providing security for drugs shipments as the crack epidemic swept into the U.S. during that time. The Cocaine Boom: Cuban and Drugs in the 1980s The 1980s saw a boom of drug trafficking and use throughout the Western Hemisphere. During the late 1970s, cocaine "[surged] in popularity…[being] associated with celebrities, high 67 Joan Mower, "Witness Claims Contra Drug Smuggling, Payoffs To Cuban, Bahamian Officials With," Associated Press, Associated Press, published 15 July 1987, https://apnews.com/article/5f5dd485a6d6825e88496281a2b1711c. 68 "Drugs gangs here, terrorist linked," Chicago Sun-Times, Sun-Times Media Group, published 16 April 1979, http://www.latinamericanstudies.org/drugs/faln-drugs.htm. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha2m0 rollers and glamorous parties" with this continuing into the 1980s before peaking in 1985 and being declared a nationwide epidemic.69 Throughout this time period, cocaine (and the even more popular derivative crack cocaine) was trafficked into the United States predominantly by organized criminal elements utilizing "a distribution system that imported cocaine from South America into the U.S. market using sea and air routes via the Caribbean and the South Florida coast" in addition to trafficking drugs through Mexico.70 While these trafficking routes are now largely managed and controlled by Mexican cartels like the Gulf Cartel or the Los Zetas, in the 1980s, the Colombians were the largest drug traffickers in the Western Hemisphere. The Medellín and Cali Cartels were the two largest players in the drug trade, with the Medellín Cartel being the dominant organized criminal element until 1993 with the death of Pablo Escobar.71 While both the Medellín and Cali Cartels are now extinct, they were incredibly powerful at the time, with the Medellín Cartel raking "up to $60 million daily in drug profits"72 and the Cali Cartel, by 1992, being "responsible for seventy percent of the cocaine sold in the United States, as well as for the extraordinary growth of the cocaine market in Europe".73 Because of the massive influence these organizations had and their wide area of operations throughout Central and North America, these cartels, mainly the Medellín, also joined forces with legitimate state enterprises such as Manuel Noriega's Panama to drastically increase their 69 Jason Ferris, Barbara Wood, & Stephanie Cook, "Weekly Dose: cocaine, the glamour drug of '70s, is making a comeback," The Conversation, The Conversation, published 08 March 2018, updated 12 March 2018, https://theconversation.com/weekly-dose-cocaine-the-glamour-drug-of-the-70s-is-making-a-comeback-88639. 70 Deonna S. Turner, "Crack epidemic," Encyclopædia Britannica, Encyclopædia Britannica, Inc., published 08 July 2016, updated 04 September 2017, https://www.britannica.com/topic/crack-epidemic. 71 U.S. Department of Justice, Drug Enforcement Administration, Strategic Intelligence Section, The Cocaine Threat to the United States (Springfield, VA, 19 July 1995), p. 04, https://www.ojp.gov/pdffiles1/Digitization/154678NCJRS.pdf. 72 Sara Miller Llana, "Medellín, once epicenter of Colombia's drug war, fights to keep peace," The Christian Science Monitor, Christian Science Publishing Society, published 25 October 2010, https://www.csmonitor.com/World/Americas/2010/1025/Medellin-once-epicenter-of-Colombia-s-drug-war-fights-to-keep-the-peace. 73 Juan E. Méndez, Political Murder and Reform in Colombia: The Violence Continues (New York, NY: Human Rights Watch, April 1992), p. 82. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha2m1 drug trafficking abilities.74 During the 1980s, many organized elements utilized the Caribbean to traffic narcotics either into Europe or into North America. It is without question that Cuba was one of these locations in which both air and sea craft landed to refuel and resupply before continuing on their way with payloads of narcotics.75 The first instance of Cuban involvement in the drug trade came in 1982 and 1983, with the apprehension and subsequent investigation of three persons with firsthand knowledge of these operations. These persons were Mario Estebes Gonzalez, an associate of Cuban intelligence, Jaime Guillot Lara, a Colombian weapons and drug smuggler, and Johnny Crump, a Colombian lawyer and drug smuggler. Mario Estebes' story was first reported on in the New York Times in April of 1983. According to Selwyn Raab, Estebes "was arrested by the Coast Guard on Nov. 29, 1981, while he was transporting 2,500 pounds of marijuana in a speedboat off the Florida coast. He was indicted on a charge of possession of marijuana with intent to distribute and faced a maximum prison term of 15 years".76 Facing many years in prison, Estebes decided to turn state's evidence and inform, in returning for immunity from some criminal charges, delivering rather explosive testimony. Estebes' testified that his mission priorities included, "disrupting Cuban exile groups and performing economic espionage, but that his principal mission was the distribution of cocaine, marijuana, and methaqualone[sic] tablets in New York, northern New Jersey, and 74 Mimi Yagoub, "How Panama's Criminal Landscape Has Changed Since the Days of Narco-Dictator Noriega," InSight Crime, InSight Crime, published 30 May 2017, https://insightcrime.org/news/analysis/how-panama-criminal-landscape-changed-since-narco-dictator-noriega/#. 75 Robert Filippone, "The Medellin Cartel: Why We Can't Win the Drug War," Studies in Conflict and Terrorism Vol. 17, Iss. 04 (1994), p. 332, https://www.tandfonline.com/doi/abs/10.1080/10576109408435960. 76 Selwyn Raab, "A Defector Tells of Drug Dealing by Cuban Agents," The New York Times, The New York Times Company, published 04 April 1983, https://www.nytimes.com/1983/04/04/nyregion/a-defector-tells-of-drug-dealing-by-cuba-agents.html. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha2m2 Florida" and returned multiple millions of dollars back to Cuba.77 He also testified that "heroin and other narcotics were shipped to the New York area inside vans with concealed compartments to hide the drugs" in addition to claiming "he saw Vice Admiral [Aldo] Santmaria give orders permitting the unloading of narcotics at Paredon Grande [a small island off the Northern Coast of Cuba] brought in by a reputed international narcotics trafficker, Jaime Guillot Lara".78 In May of that same year, Estebes spoke before the United States Senate Caucus on International Narcotics Control in a joint hearing, testifying that the Cuban government, "used the 1980 Mariel boatlift to send as many as 7,000 spies to the United States, some of whom were ordered to help drug smugglers ''flood'' this country with illegal narcotics [and that] some agents were in this country for propaganda purposes and others were to create ''chaos'' in the event of war".79 Estebes expanded upon his earlier allegations and stated, "one scheme [involved] 23,000 pounds of marijuana and 10 million methaqualone tablets [being] shipped from Cuba to Florida," the profits of which were to be split between Cuban officials and the smugglers themselves.80 Jaime Guillot Lara is perhaps the most important of the three. Guillot Lara was a well-known drug/arms smuggler in Colombia who also happened to be "a close personal friend of the leader of the M-19 guerilla group, Jaime Bateman".81 As far as his smuggling habits, Guillot Lara, according to the DEA who had been keeping tabs on him as far back at 1975, "he was delivering over 400,000 pounds of marijuana, more than 20 million illicit methaqualone pills and 77 Alex Larzelere, Castro's Ploy-America's Dilemma: The 1980 Cuban Boatlift (Fort. Lesley J. McNair: National Defense University, 1988), p. 229-230, https://media.defense.gov/2020/Apr/23/2002287258/-1/-1/0/LARZELERE_MARIEL_BOATLIFT.PDF. 78 Raab, "A Defector Tells of Drug Dealing by Cuban Agents," The New York Times. 79 "Cuban Ties Boatlift To Drug Trade," Associated Press, Associated Press, published 01 May 1983, https://www.nytimes.com/1983/05/01/us/cuban-ties-boatlift-to-drug-trade.html. 80 Ibid. 81 LT. Timothy J. Doorey, "The Cuban Interventionary Forces: The Growing Strategic and Regional Threat to the United States and NATO" (master's thesis, Naval Postgraduate School, December 1986), p. 115, https://apps.dtic.mil/dtic/tr/fulltext/u2/a180123.pdf. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha2m3 thousands of pounds of cocaine to U.S. markets each year" while also acquiring an impressive fleet of ships for trafficking purposes.82 Guillot Lara first became introduced to the Cuban ambassador to Colombia, Ravelo-Renendo, through their mutual friend, Johnny Crump, during a meeting (conducted at Gonzalo Bassols' apartment, the number two at the Cuban Embassy in Colombia) which resulted in a profitable relationship between Guillot Lara and the Cubans. While Crump would also corroborate this meeting between the following members, Guillot Lara's girlfriend, who was there when the meetings took place, corroborated many aspects, while also testifying that Bassols "told Mr. Guillot-Lara that the drug scheme had been cleared by a high Cuban official" which Bassols then identified was Fidel Castro.83 Either during or immediately after this introduction, according to Congressional testimony from Francis M. Mullen, Jr., the Administrator of the DEA in the early 1980s, Guillot Lara "began to receive official Cuban protection for the movement of his drug-ladened[sic] vessels to the United States…[in addition to transporting and delivering] arms which were ultimately destined for the Colombian terrorist group, M-19" on Cuban behalf.84 Not only did Guillot Lara traffic weapons to Cuban aligned rebels and allow the Cubans in on his drug trafficking endeavors, it appears he "also transferred funds to the guerillas through an employee of a Panamanian bank" acting as something of a go-between.85 From 1980 to 1981, Guillot Lara 82 Nathan M. Adams, "Havana's Drug-Smuggling Connection, Reader's Digest, Reader's Digest Association, Inc., published July 1982, http://www.latinamericanstudies.org/cuba/drugs.htm. 83 Extensions of Remarks, Cuba's Active Role in Drug Trafficking to the United States, 98th Cong., 1st sess., Congressional Record 130, pt. 24B: 10400, https://www.govinfo.gov/content/pkg/GPO-CRECB-1984-pt8/pdf/GPO-CRECB-1984-pt8-2-3.pdf. 84 Leslie Maitland Werner, "U.S. Officials Link Castro and Drugs," The New York Times, The New York Times Company, published 10 November 1983, https://www.nytimes.com/1983/11/10/us/us-officials-link-castro-and-drugs.html. 85 U.S. Department of State, Bureau of Public Affairs, Office of Public Communication. Cuban Support for Terrorism and Insurgency in the Western Hemisphere, edited by Colleen Sussman, (Washington, D.C., 12 March 1982), p. 02, https://books.googleusercontent.com/books/content?req=AKW5QafYFT9344IVwbKAk5KG_OJydGlr3Q7oZPpK8WHGSx3JeWsUS431ZZwaW55TaMUk3UvHW4jiCHRb9Utgv1_TsoAFZD6FOi8njL3jjxp8gSVFo2zCTKSLLP0KOTaXLPl9ZdycsUgqn7e8ud91hnk09ZPGbYZ0QYrbwbNypMoakmWoqtvZNPGG0e9cQ33AwwDL7jITmBXQF CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha2m4 and the Cubans entered into a cozy relationship, though one that quickly became fraught with complications. In March of 1981, Colombian authorities found a "cache of M-19 weapons" and, with captured M-19 fighters implicating Cuban involvement, the Colombian government "[broke] off diplomatic relations with Havana and [expelled Ambassador Ravelo] and his staff".86 From midsummer to November of 1981, two Guillot Lara operated boats and one aircraft (the aircraft and one of the boats carried weapons for M-19) were apprehended by both the Colombian Coast Guard and United States Coast Guard; the capture of three M-19 rebels by the Colombian military also resulted in smuggling operations being significantly damaged.87 Guillot Lara fled Colombia, facing criminal charges, before being arrested by Mexican authorities.88 Awaiting extradition by the Mexicans to either the United States or Colombia, Guillot Lara revealed to both Mexican and U.S. investigators that he had "been involved in trafficking operations to Colombia for the M-19 on behalf of the government of Cuba. The latter provided the funds for the purchase of the arms".89 Following his revelations, however, Guillot Lara was released from Mexican custody and disappeared; according to the Colombian daily newspaper El Tiempo, Guillot Lara died in early April 1991 in Cuba of a myocardial infarction having "been detained on the island for twelve years".90 xujwOix6ni7j0-eT0RVti430wKPH9bicd8LdzulTZPXR8JDPGMTsyF2guKz20_HFjQkKlW8r6xpBfdR4TEC5SqWHYuetwHCl4rS7YWkCl0. 86 Adams, "Havana's Drug-Smuggling Connection, Reader's Digest. 87 John Dorschner & Jim McGee, "Did the Castro Regime Run Drugs to Florida?," Tropic Magazine, The Miami Herald, KnightRidder, published 20 November 1983, http://www.latinamericanstudies.org/cuba/crump.htm. 88 Edna Buchanan, "Miami drug smuggler ran drugs for Castro to guerillas, agents say," Miami Herald, Knight Ridder, published 24 January 1982, https://www.cia.gov/readingroom/docs/CIA-RDP90-00552R000303490005-9.pdf. 89 Dorschner & McGee, "Did the Castro Regime Run Drugs to Florida?," Tropic Magazine. 90 "Guillot Died of a Infarction," El Tiempo, Casa Editorial El Tiempo S.A., published 13 April 1991, https://www.eltiempo.com/archivo/documento/MAM-61284. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha2m5 Johnny Crump is where the public first became aware of a Cuban connection to the drug trade, though the last defector to be arrested by U.S. authorities. Crump, according to investigative reporter Ernest Volkman, was a Colombian lawyer of American descent who "went into the narcotics racket, running a large-scale cocaine and marijuana-smuggling operation" following the failing of his family's ranch in the late-1970s.91 Being politically well-connected, he was asked to serve as a guide for the newly appointed Cuban Ambassador to Colombia, the aforementioned Fernando Ravelo-Renendo, in 1975, the two quickly becoming friends.92 The two became so close that Crump even asked Ravelo to be his newborn daughter's godfather.93 At one point in 1979, in both federal testimony and statements made to Miami Herald journalists John Dorschner & Jim McGee, Crump detailed a meeting he had between Ravelo in which the ambassador detailed, "was dealing with some Chileans who needed help…seeking American weapons, not traceable back to Cuba, to use in the fight to overthrow Augusto Pinochet," to which Crump agreed and offered assistance.94 Following this, Crump tried to arrange a deal in which a plane would transport marijuana into the country, however, few pilots were willing to enter Cuba's Camaguey airport where Ravelo had arranged for refueling.95 In a previously mentioned meeting between Ravelo, Crump, 91 Ernest Volkman, "The Odd Couple: Castro and Vesco: The Cocaine Alliance," The Gadsden Times, Edward Marsh, published 29 April 1984, https://news.google.com/newspapers?nid=1891&dat=19840428&id=jKkfAAAAIBAJ&sjid=etYEAAAAIBAJ&pg=5242,6122535. 92 Dorschner & McGee, "Did the Castro Regime Run Drugs to Florida?," Tropic Magazine. 93 NBC Nightly News, "The Cuban Connection," featuring Roger Mudd, Brian Moss, Johnny Crump, and George H.W. Bush, aired 29 September 1982, transcript, NBC Network, https://www.cia.gov/readingroom/docs/CIA-RDP88-01070R000100380010-3.pdf. 94 Dorschner & McGee, "Did the Castro Regime Run Drugs to Florida?," Tropic Magazine. 95 PBS Frontline, season 09, episode 10, "Cuba and Cocaine," directed and written by Stephanie Tepper & William Cran, aired 05 February 1991, transcript, Public Broadcasting System, https://www.pbs.org/wgbh/pages/frontline/shows/drugs/archive/cubaandcocaine.html. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha2m6 and Guillot Lara, the four agreed to transport the drugs via boat to Cuba with protection from Cuban Navy and Coast Guard forces.96 In a 1991 interview with PBS Frontline, Crump detailed the finalization of the first watercraft drug shipment to Cuba, discussing how he disembarked from "the plane to a Cuban government car that was waiting for us in the airport. I mean, there's no way that you can go to any country with no passport, with nothing like that, landing from another country in an international airport and have a car waiting for you right there in the field. It has to be with the OK of that government, that country… Everything was paid by the Cuban government. The hotel, you had to sign, like, you are a guest from the Cuban government because they don't let me pay for the hotel"; while Crump left the country before he personally could see any drugs entering the country, he was reassured by Ravelo that the drugs indeed touched down on Cuban soil.97 From that point onward, Crump became very involved in trafficking narcotics and arms with the Cubans, doing so via air and seacraft and aiding the Cubans larger foreign policy goals in aiding left-wing insurgent groups through Central and South America. In January of 1982, however, Crump was arrested in a joint Customs-DEA operation "at the Omni Hotel in Miami…on drug trafficking charges".98 At the time, Crump was acquiring arms and other weaponry "to be sent to an unspecified group in Bolivia" via his friend Jaime Guillot Lara.99 Much like Estebes, Crump was facing heavy prison time and began cooperating with federal 96 Dorschner & McGee, "Did the Castro Regime Run Drugs to Florida?," Tropic Magazine. 97 PBS Frontline, season 09, episode 10, "Cuba and Cocaine," directed and written by Stephanie Tepper & William Cran, aired 05 February 1991, accessed through vault, Public Broadcasting System, https://www.pbs.org/wgbh/frontline/film/cuba-and-cocaine/. 98 Buchanan, "Miami drug smuggler ran drugs for Castro to guerillas, agents say," Miami Herald. 99 U.S. Department of State. Cuban Support for Terrorism and Insurgency in the Western Hemisphere, edited by Colleen Sussman, p. 02. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha2m7 authorities, providing them "with details of his meetings and alleged drug dealings with Cuban government officials in Bogota and Havana".100 Much of Estebes, Guillot Lara, and Crump's claims are astounding, however, it must be kept in mind that these persons are convicted drug traffickers and defectors from Colombian drug cartels or are in some way associated with Cuba's military respectively. Despite this, many prosecutors and U.S. government agencies found some, if not a sizeable portion of their claims, credible. In Estebes' case, Richard Gregorie commented at the time on Estebes' validity as a witness describing how his comments were "very credible" and had been "independently corroborated".101 In an interview with Gregorie, the former attorney stressed he "found him credible because of that [outside and additional] corroboration".102 The Senate Chair of one committee also stated that Estebes' credibility was "checked out…with the Justice Department and the Drug Enforcement Administration".103 As far as Guillot Lara's credibility goes, the CIA's opinion of him seems to be rather high. According to a CIA Special National Intelligence Estimate from 1983, "[t]he Guillot Lara case…is proof that Cuba has used Colombian drug smuggling networks move arms to Colombian insurgents. In this case, Cuban officials and Colombian drug traffickers were clearly associated in facilitating narcotics shipments to the United States. Guillot paid the Cubans in hard currency and used his vessels and smuggling networks to move arms to Colombia for the insurgents. On the other hand, Cuba rather routinely searches some drug-smuggling ships found 100 NBC Nightly News, "The Cuban Connection," featuring Roger Mudd, Brian Moss, Johnny Crump, and George H.W. Bush, aired 29 September 1982, transcript. 101 Raab, "A Defector Tells of Drug Dealing by Cuban Agents," The New York Times. 102 Richard "Dick" Gregorie (former Chief of Narcotics for the USAO-SDFL) in discussion with the author, 08 April 2021. 103 Raab, "A Defector Tells of Drug Dealing by Cuban Agents," The New York Times. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha2m8 in Cuban waters, confiscates drugs found and often imprisons the crew".104 Through this excerpt, the CIA seems to endorse the view that the overall claims about drug traffickers smuggling weaponry and drugs in collusion with Cuban figures and through Cuban waters is true and based in fact. While the CIA did seem to treat the accounts and his entire involvement with legitimacy, the agency was careful to note they were unsure of "the extent to which Cuba has continued to facilitate drug trafficking, either for money or arms".105 While the following document is not exactly an intelligence estimate or official analysis, an August 1982 conference report conducted by the CIA and the National Intelligence Council (NIC) stated, "Given the involvement of senior Cuban officials and at least two Cuban embassies, we believe this activity was approved at the highest levels of the Cuban Government. It almost certainly was not a case of corruption by mid- or low-level Cuban officials…Given the level of Guillot's Cuban contacts and the political implications of the arrangements, the operation was almost certainly approved at the highest levels of the Havana government" though the document was clear in stating that the U.S. government was uncertain as to who was behind the operation.106 These three witnesses were able to corroborate a great deal of information that the U.S. federal government, mainly the DEA and U.S. Department of Justice (DOJ), had been investigating since the late 1970s. With this testimony from defectors and arrested drug traffickers who were seemingly vetted and verified, the U.S. government finally was able to bring forth official charges against certain members of the Cuban government and military. 104 U.S. Intelligence Community, Central Intelligence Agency, Directorate of Intelligence, Implications for the United States of the Colombian Drug Trade Vol. II (Langley, 28 June 1983), p. 02, https://www.cia.gov/readingroom/docs/CIA-RDP86T00302R000600990002-9.pdf. 105 Ibid. 106 U.S. Intelligence Community, National Intelligence Council and Central Intelligence Agency, Directorate of Operations, Cuban Involvement in Narcotics and Terrorism (Langley, August 1982), p. iii, 3, https://www.cia.gov/readingroom/docs/CIA-RDP83B00851R000100160008-1.pdf. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha2m9 On 05 November, 1982, an indictment brought by the USAO-SDFL in Miami, Florida charged that certain drug traffickers and members of the Cuban government did "knowingly, willfully and unlawfully combine, conspire, confederate and agree, together with each other, and with diverse other persons who are both known and unknown to the Grand Jury, to commit certain offenses against the United States" in the importation and possession of methaqualone tablets and marijuana and "used and caused to be used facilities in interstate and foreign commerce, including the telephone, and traveled and caused others to travel in interstate and foreign commerce between the Southern District of Florida, Colombia, Cuba and elsewhere, with the intent to promote, manage, establish, carry on and facilitate the promotion, management, establishment and carrying on of an unlawful activity, said unlawful activity being a business enterprise involving controlled substances".107 The persons charged in this indictment brought forth by the U.S. Attorney's Office for the Southern District of Florida included Jaime Guillot Lara, Fernando Ravelo-Renendo, Gonzalo Bassols-Suarez, Aldo Santamaria-Cuadrado, Rene Rodriguez-Cruz, and David Lorenzo Perez, Jr. alongside multiple other, predominantly, Miami-based drug traffickers.108 Neither Crump or Estebes were charged as both had testified for the prosecution and received either partial or full immunity in addition to new identities and federal protection. The Cuban Interests Section in Washington, Cuba's foreign policy arm operating as an independent section of the Czechoslovakian Embassy, commented that the charges against Ravelo, Bassols, Santamaria, and Rodriguez-Cruz were "all lies"109; a January 1982 letter from 107 United States v. Jaime Guillot Lara et al., No. 82-643-Cr-JE (S.D. Fla., 05 November 1982), http://www.latinamericanstudies.org/drugs/indictment-82.htm. 108 Ibid. 109 George Volsky, "U.S. Drug Charges Cite 4 Cuban Aides," The New York Times, The New York Times Company, published 06 November 1982, https://www.nytimes.com/1982/11/06/us/us-drug-charges-cite-4-cuban-aides.html. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha3m0 Cuba's Ministry of Foreign Relations (MINREX) denied Cuba ever utilized drug traffickers to transport arms to rebels in Latin America, never gave arms to guerillas in Colombia, and denied that Guillot Lara had ever set foot in Cuba or received any monies from the Republic of Cuba.110 The denial by Cuba of having never gave arms to Colombian guerillas was roundly criticized, most notably in a 1990 interview with former U.S. Ambassador to Colombia Thomas Boyatt.111 Among those charged were high level Cuban officials, some of whom have already been discussed including the Cuban Ambassador to Colombia Ravelo-Renendo and his "minister-counsel" at the Cuban Embassy in Colombia Bassols-Suarez.112 In addition to these figures, the indictment also charged Vice Admiral (VADM) of the Cuban Navy Aldo Santamaria-Cuadrado and Rene Rodriguez-Cruz a "member of the Cuban Community Party Central Committee and president of the Cuban Institute of Friendship With The Peoples [ICAP]" with the same charges.113 It is worth noting that the ICAP was described by the CIA in a 1984 brief as being an organization which, in addition to bringing in foreign youths interested in Communism, Socialism, or Cuba also "provided Cuban intelligence services with a registry of aliens who might prove useful for intelligence collection efforts and operations in their homelands".114 110 "Foreign Ministry Issues Statement on Drugs," Minister of Foreign Affairs Isidoro Malmierca Peoli (28 January 1982), Translation by the Foreign Broadcast Information Service, Latin America Report, Cuba, JPRS L/10334, 18 February 1982, p. 03-04, heading: Foreign Ministry Issues Statement on Drugs, Republic of Cuba, Ministry of Foreign Affairs, Foreign Broadcast Information Service (FBIS) Latin America Report, https://www.cia.gov/readingroom/docs/CIA-RDP82-00850R000500030043-6.pdf. 111 Ambassador Thomas D. Boyatt (Ret.), interviewed by Charles Stuart Kennedy, Foreign Affairs Oral History Project, The Association for Diplomatic Studies and Training, 08 March 1990, p. 48, https://www.adst.org/OH%20TOCs/Boyatt,%20Thomas%20D.toc.pdf?_ga=2.264396167.981542772.1592939617-1066174783.1588020094&_gac=1.137161348.1589401103.EAIaIQobChMIgqnAwtSx6QIVSx-tBh2tGgsJEAAYASAAEgKALvD_BwE. 112 U.S. Intelligence Community, Central Intelligence Agency, National Foreign Assessment Center, Directory of Officials of the Republic of Cuba (Langley, October 1979), p. 224, https://ufdcimages.uflib.ufl.edu/AA/00/07/66/14/00003/AA00076614_00003.pdf. 113 Mary Thornton, "Four Cuban Officials Indicted in Drug Smuggling," The Washington Post, The Washington Post Company, published 06 November 1982, https://www.washingtonpost.com/archive/politics/1982/11/06/four-cuban-officials-indicted-in-drug-smuggling/d70ed042-0adc-42d2-971b-23475f7adc83/. 114 U.S. Intelligence Community, Central Intelligence Agency, Cuba: Castro's Propaganda Apparatus and Foreign Policy (Langley, November 1984), p. 13, https://www.cia.gov/readingroom/docs/DOC_0000972183.pdf. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha3m1 David Lorenzo Perez, Jr. is an interesting figure within this legal case as he, in December of 1982, pled guilty to the first count of the criminal indictment.115 In his plea, Lorenzo Perez indicated culpability on Guillot Lara's part to "purchase, receive, store, and possess with intent to distribute approximately eight and one-half million methaqualone tablets" while indicating "that Jaime Guillot-Lara would provide ships to transport methaqualone tablets from Columbia[sic] with the knowledge of the Cuban governmental officials".116 Lorenzo Perez admitted he assisted Guillot Lara in all of these actions while also admitting he "traveled by private vessel from the Southern District of Florida to Paredon Grande, Cuba [and] met with Cuban government officials" including Santamaria and Rodriguez-Cruz.117 In Congressional testimony, Lorenzo Perez also testified that that "Cuban government was also to receive one-third of the profit of the marihuana[sic] sale" yet this did not go through as it appears Guillot Lara kept the profits [just under half a million USD] to himself.118 This case was the most significant development in the long standing allegations against Cuba on the area of narcotics trafficking. However, it is incredibly important to note that there was no evidence linking the Castros to the drug trade. The lead attorney who personally handled the case for the DOJ, Richard Gregorie, stated "Was Fidel Castro involved? At this point, no…[I] can't honestly say I saw that open Cuban involvement [and] did not come up with anyone who spoke directly to Fidel in those early cases".119 115 United States v. David Lorenzo Perez, Jr., et al., No. 82-643-Cr-JE (S.D. Fla., 09 December 1982), p. 01, http://www.latinamericanstudies.org/cuba/perez-jr.htm. 116 United States v. David Lorenzo Perez, Jr., et al., No. 82-643-Cr-JE, p. 02, http://www.latinamericanstudies.org/cuba/perez-jr-1.htm. 117 Ibid. 118 U.S. Congress, Senate, Committee on the Judiciary, Subcommittee on Security and Terrorism, Foreign Relations Committee, Subcommittee on Western Hemisphere Affairs, The Cuban Government's Involvement in Facilitating International Drug Traffic, 98th Cong., 1st Sess., 30 April 1983, p. 33. 119 Richard "Dick" Gregorie (former Chief of Narcotics for the USAO-SDFL) in discussion with the author, 08 April 2021. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha3m2 Also around this time, many officials from the DOJ and U.S. Department of State (DOS) changed their previously emphasized opinions on the extent of Cuban involvement in the drug trade. In an October 1983 hearing before the Senate Subcommittee on Security and Terrorism, DEA Administrator Mullen stated, "I moved very cautiously at first wanting to have evidence before publicly stating I was convinced that the Cuban Government was involved in drug trafficking. I am now convinced, as I have stated in prior sessions, that there is Cuban Government involvement in drug trafficking", bringing forth the above indictments and other "[classified and confidential] information" to support his reasoning.120 The Deputy Assistant Secretary of State for Inter-American Affairs, James H. Michel, stated before Congress also in May of 1983 "the evidence clearly indicates more than a case of corruption by local or mid-level security officials in Cuba…Narcotics trafficking has apparently been sanctioned by Cuba as a means to finance subversion in Latin America".121 These comments were found by the Washington Post to, "fit in with a Reagan administration campaign to rally public and congressional support for its Central American policies, including more aid for El Salvador's army".122 Michel was not the only State Department official to make this claim either. The Under Secretary of State for Political Affairs Lawrence S. Eagleburger stated in May of 1983 that he "would find it very difficult to believe that the Cuban Government itself is not 120 U.S. Congress, Senate, Committee on the Judiciary, Subcommittee on Security and Terrorism, Impact of the South Florida Task Force on Drug Interdiction In The Gulf Coast Area, 98th Cong., 1st Sess., 28 October 1983, p. 16, https://www.ojp.gov/pdffiles1/Digitization/97516NCJRS.pdf. 121 U.S. Department of State, Bureau of Public Affairs, Office of Public Communication, Cuban Involvement in Narcotics Trafficking, edited by Colleen Sussman, (Washington, D.C., 30 April 1983), p. 02, https://www.google.com/books/edition/Cuban_Involvement_in_Narcotics_Trafficki/NItKAQAAMAAJ?hl=en&gbpv=0. 122 Edward Cody, "Castro Ties To Drugs Suggested," The Washington Post, The Washington Post Company, published 01 May 1983, https://www.washingtonpost.com/archive/politics/1983/05/01/castro-ties-to-drugs-suggested/242170fe-a930-4bc4-b30c-18016f794497/. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha3m3 involved… [The evidence is] really quite clear that there is major Cuban involvement in the drug traffic in this country", while also accusing the Castro government of playing a role in this.123 However, this appears to be more Eagleburger's own personal opinion as a more senior State Department official stated later that no agency had been able to prove "personal involvement by Fidel Castro".124 A spokesman for the Cuban Interests Section responded to the comments by Mullen and Michel by stating, "[This is] propaganda against the Cubans…We [the Cuban government] are refusing this accusation. We have consistent fighting against drug traffic. There are many American people who are put in Cuban jails for drug trafficking".125 At this stage, in relation to the Guillot Lara/Crump case, these definitive comments that Castro or the Cuban government officially was involved seemed to an extreme jump and other officials protested against this characterization. Stanley Marcus, the U.S. Attorney for the Southern District of Florida and the attorney whose office brought forth the indictments against the four Cuban officials, stated before Congress "I think it is a fair and accurate statement to say some of the major organs and institutions of the Cuban state and some high-ranking officials of those organs and institutions of the state are involved in drug-running to the United States".126 William H. Webster, then Director of the FBI, also spoke about this in a television interview, stating the majority of the evidence currently being used by some officials to make judgements "[came] from one set of 123 Kenneth B. Noble, "Official Ties Cuba to U.S. Drug Traffic," The New York Times, The New York Times Company, published 02 May 1983, https://www.nytimes.com/1983/05/02/world/official-ties-cuba-to-us-drug-traffic.html. 124 Ibid. 125 Werner, "U.S. Officials Link Castro and Drugs," The New York Times. 126 U.S. Congress, Senate, Committee on the Judiciary, Subcommittee on Terrorism and Security, The Cuban Government's Involvement in Facilitating International Drug Traffic, 98th Cong., 1st sess., 30 April 1983, p. 15. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha3m4 sources and should be viewed with care".127 At this juncture, there was a great deal of conflicting views upon the established evidence, some most likely based upon political and individual biases based upon preconceived notions on both the nature of Communism and Latin America in general. While the evidence linking Castro or the Cuban government as a whole is very minimal (mostly relegated to evidence that would be considered hearsay in a U.S. court of law), it is undeniable that sections of the Cuban government, including areas of Cuba's diplomatic and intelligence services, were utilizing drug traffickers to achieve larger foreign policy goals within the Latin American region. As the 1980s progressed, additional evidence of Cuban involvement in the drug trade became even more apparent with defectors from Noriega's Panama, Cuba's DGI, and the arrests of multiple drug traffickers all speaking to U.S. officials. During this time as well, many criminal investigators of the U.S. federal government found or came across evidence of drug trafficking on Cuba's part along with the U.S. IC coming to a more solid conclusion on the matter. Prior to these November 1982 indictments, an FBI investigation into Cuban involvement in the drug trade was underway. In October of 1982, a U.S. Customs plane near Corpus Christi, Texas intercepted a Cessna aircraft that was having a mechanical malfunction and tracked it to Cleburne, Texas. The pilot, an American, "was arrested with 877 pounds of marijuana onboard" with "Chemical analysis [showing the marijuana] almost certainly was grown in Cuba".128 Following the pilot's conviction in April of 1983, federal investigators detailed "the ring operated for two years in violation of government embargoes on trade with Cuba by shipping computers and other equipment. Some of the return flights carried high-grade Cuban 127 Ibid. 128 "Did Cuba get computers in return for marijuana?" The Miami Herald, KnightRidder, published 02 April 1983, http://www.latinamericanstudies.org/cuba/computers.htm. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha3m5 marijuana".129 The evidence necessary to make the claim that this ring was operating with the explicit approval of Cuban government officials or the Castros themselves is very lacking, however, what this does indicate is that there were individual smugglers beyond large metropolitan centers who were found to have ties to Cuba and that Cuba seemingly was involved in producing drugs in some quantity. In December of 1984, the CIA released an interagency intelligence memorandum stating outright, "Cuba is currently supporting drug trafficking…We judge that Fidel Castro is fully cognizant of and condones the drug-related activity that is taking place with the support of Cuban officials…The key Cuban participants are officers of the Interior Ministry or America Department of the Cuban Communist Party's Central Committee…Their participation strongly indicates a sanctioned government policy, rather than an arrangement for personal gain".130 While a good portion of this document is redacted, this is the first time in which an intelligence agency, or the CIA at least, has openly accused the upper echelon of the Cuban government and Castro himself of playing some role or in some way supporting the activities occurring. During this period, many criminal investigations uncovered more information on Cuban involvement in the drug trade, with additional evidence of Castro involvement becoming more apparent. In addition to this, many Congressional hearings and panels were convened with the goal of exploring the Latin American drug trade, during which many witnesses were called. Among these witnesses was Diego Viafara Salinas, an M-19 physician who infiltrated an armed civilian group with ties to members of the Medellín Cartel.131 Salinas held the belief he would be 129 Ibid. 130 U.S. Intelligence Community, Central Intelligence Agency, Cuban Government Involvement in Drug Trafficking (Langley, December 1984), p. 03, https://www.cia.gov/readingroom/docs/CIA-RDP87T00217R000700140002-5.pdf. 131 U.S. Congress, Senate, Committee on Governmental Affairs, Permanent Subcommittee on Investigations, Structure of International Drug Trafficking Organizations, 101st Cong., 1st Sess., 12-13 September 1989, p. 70, https://www.ojp.gov/pdffiles1/Digitization/146771NCJRS.pdf. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha3m6 killed due to his past association with M19 and began providing evidence to the Colombian government, which eventually resulted in the deaths of many prominent Medellín Cartel leaders.132 In testimony before the U.S. Congress, Salinas recalled that, "[on November 22, 1988] two pilots flying a Commander 1000 aircraft were planning to stop and refuel in Cuba. They were leaving from an estate [in the Department of Cordoba] …When the seats of the plane were removed to load the cocaine, I saw the navigation charts, which indicated they were flying over the southern coast of Cuba. These pilots commented that they had to be sure to carry some amount of U.S. dollars with them to leave in Cuba as prearranged payment for the stopover".133 While the pilots Salinas spoke with never identified who gave them clearance to fly over Cuba with drugs, Salinas did testify "that it [the drug trafficking operation] was all the way up to Fidel Castro" with this information apparently coming from Fidel's spokesman.134 It is worth noting that this piece of testimony would effectively qualify as hearsay in a U.S. court of law. Many informants also came forward with information that would prove to be incriminatory to many persons with ties to the drug trade, including certain high-ranking Cuban leaders. On such source, a confidential informant for the DEA, who, after being arrested in 1985 on conspiracy charges, provided information on much of the Medellín's drug trafficking activities to the U.S. government.135 In a request for payment from the DEA's Asuncion Country Office, the agency noted the source's decades of service to the United States, describing him as having led "successful 132 U.S. Congress, Senate, Structure of International Drug Trafficking Organizations, p. 73. 133 U.S. Congress, Senate, Structure of International Drug Trafficking Organizations, p. 71-72. 134 Ibid. 135 U.S. Department of Justice, Drug Enforcement Administration, Asuncion Country Office, REQUEST for PAYMENT under 28 U.S.C. 524 (C)(1)(B) for CONFIDENTIAL SOURCE (CS #####) (Asuncion, post-2009), p. 01. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha3m7 negotiations for landing rights and refueling operations in [among other countries] Cuba…[the source] purchased a birthday surprise (an airplane bought in the U.S.) for Fidel CASTRO's[sic] birthday, which he personally handed over to Castro's brother Raúl (then Cuba's Minister of Defense) during lunch".136 This information is quite damning to the Castro regime and, if true, would prove that, at the least, Raúl Castro did have knowledge of Cuban involvement in the drug trade and condoned those operations. While it cannot be emphasized enough that this confidential source pled "nolo contendere to the conspiracy charges in 1986", it does speak volumes that the DEA found him an essential and trustworthy source to continue using well into the 21st century.137 At this same time, another development implicated an American fugitive with close ties to the Castro regime in the drug trade. In April of 1985, appearing "before the Senate subcommittee on children, family, and drugs" (which was investigating Nicaraguan governmental involvement in the drug trade) were two convicted smugglers who provided further information on Cuban involvement in the drug trade.138 One of them was smuggler James A. Herring, Jr. who, while insisting he never transported drugs for the Cubans or Nicaraguans, detailed his smuggling activities with the Cubans in an interview with PBS Frontline, saying, "When I would go into Varadero with boatloads of equipment, we would be received by marked vessels that the Cuban navy, so to speak, utilized, their military gunboats. They would escort us into the gunboat dockage there at Varadero. From there they would offload. We would stay as long as we felt necessary to refuel us, wined and dined us. And when we were ready to return to 136 Ibid. 137 Ibid. 138 "Witnesses Testify on Vesco Link to Drug trafficking in Nicaragua, Cuba," Associated Press, Associated Press, published 19 April 1985, https://apnews.com/article/09e42836a8f58d76da155fa155da7847. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha3m8 the Keys, they would take and escort us out".139 In addition to this, Herring also claimed that the DGI, "would even offer drugs in lieu of the cash. [They] had the availability of enormous amounts of drugs that they had warehoused through seizures that they had made in their country on drug operations that weren't paying protection for their air space or their waterways. So they had a readily available amount of drugs in the form of cocaine, Qualudes[sic] and marijuana".140 Herring also testified that "he worked with Cuban Government officials and [Robert Vesco] to help the Nicaraguan government build a cocaine-processing laboratory near Managua".141 Vesco had been a successful businessman in the United States, creating a hundred-million-dollar manufacturing empire by 1970 before being twice indicted on federal charges for "defrauding thousands of investors [of $224 million USD]" and "for making illegal contributions totaling $250,000" to Richard Nixon's re-election campaign in 1972 and 1976 respectively.142 Following this, Vesco fled to numerous Latin American countries (including Nicaragua) before settling in Cuba around 1984.143 In a March 1996 profile for Vanity Fair, Vesco's immediate family indicates a friendly relationship to Fidel and Raul Castro in addition to a partnership to traffic narcotics with Col. Antonio De La Guardia, a high-ranking figure in the DGI and an important part of Cuba's overall foray into the drug trade.144 Eventually, however, Vesco attracted the eye of U.S. federal law enforcement for his 139 PBS Frontline, season 09, episode 10, "Cuba and Cocaine," directed and written by Stephanie Tepper & William Cran, aired 05 February 1991. 140 Ibid. 141 Joel Brinkley, "Panel Hears Details Linking Managua and Drugs," The New York Times, The New York Times Company, published 20 April 1985, https://www.nytimes.com/1985/04/20/world/panel- hears-details-linking-managua-and-drugs.html. 142 Editors of Encyclopædia Britannica, "Robert L. Vesco," Encyclopædia Britannica, Encyclopædia Britannica, Inc., published 20 July 1998, updated 30 November 2020, https://www.britannica.com/biography/Robert-L-Vesco. 143 Ibid. 144 Ann Louise Bardach, "Vesco's Last Gamble," Vanity Fair, Condé Nast, published March 1996, https://archive.vanityfair.com/article/1996/3/vescos-last-gamble. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha3m9 alleged participation in drug trafficking and, though some convicted drug traffickers and Cuban intelligence defectors implicated him in criminal acts, the "FBI and [DEA] denied he had any role" in certain elements of the drug trade, disproving these traffickers and defectors' claims.145 Ultimately, Vesco was arrested and sentenced to prison in Cuba in 1996 "for economic crimes against the government of Fidel Castro".146 Since at least April of 1987, the DEA's Miami Office was actively pursuing an investigation against Cuban government and military officials. Harry Sommers, a newly minted DEA agent to the Miami FO and later Special Agent-in-Charge (SAC) of the Atlanta FO, was the lead investigator on the case and detailed his investigation in an April 1990 academic work for Florida International University. According to Sommers, in April of 1987, "two pilots [an American and Cuban national] flew approximately 480 pounds of cocaine from Colombia to [Varadero Military Base, Cuba]…where the cocaine was transferred to Cuban military officers".147 According to Sommers, the pilots were both questioned by U.S. officials and, in this interview, both pilots claimed they had stopped in Cuba to make "emergency repairs" and "presented documentation from the Cuban government confirming their story".148 The drugs were then placed upon a boat named the "Flerida" and, while attempting to enter Florida waters that April, was intercepted by the DEA. In the ensuing interviews with the boat's operators (all Cubans who were "residing in 145 Jim McGee, Pierre Thomas, Guy Gugliotta, & Jerry Knight "Vesco Held In Cuba," The Washington Post, The Washington Post Company, published 09 June 1995, https://www.washingtonpost.com/archive/politics/1995/06/09/vesco-held-in-cuba/874c16d3-81a5-4700-84ce- 6a4e8300fdab/. 146 Douglas Farah, "Vesco Gets 13-Year Sentence in Cuba," The Washington Post, The Washington Post Company, published 27 August 1996, https://www.washingtonpost.com/archive/politics/1996/08/27/vesco-gets-13-year-sentence-in-cuba/77271414- 9219-4efe-b68c-5d30b0f9b11b/. 147 Harry Sommers "Untitled Graduate Studies Paper," (graduate paper, Florida International University, 23 April 1990), p. 07. 148 Sommers "Untitled Graduate Studies Paper," p. 08. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha4m0 Miami"), the DEA found the boat was "[initially] met at sea by a Cuban Coast Guard vessel and escorted to the military base in Varadero [where the] crew members were housed and fed until the cocaine was loaded onto the vessel" upon which the boat was escorted out of Cuban waters by a Coast Guard ship.149 Additional evidence showing U.S.-based drug traffickers of Cuban descent docking and landing at Varadero and interacting heavily with Cuban military officers was uncovered through further investigations in May and November of 1987.150 This investigation led to the federal indictments of various figures in late 1988, including Reinaldo and Rueben Ruiz, a Cuban father and son drug trafficking team operating out of the South Florida.151 Reinaldo Ruiz, facing a sentence of life imprisonment, agreed to make a deal with the government in return for a lighter sentence.152 In a television interview with PBS Frontline before his death, Ruiz detailed his involvement in the drug trade and his associations with the Cuban government. According to Ruiz, he would transport a boat from Florida to Varadero where "everything had been arranged in advance [by Colonel Pardo, Chief of Command of Naval Operations in Varadero]" while his son, Rueben, would fly the cocaine from Colombia to Varadero which, upon landing, would be transferred to Ruiz's boat by members of the Cuban military and MININT.153 In this interview, Ruiz also stated "Every time that I went over there, I was completely sure that I was a 100 percent backing[sic], all the way to the top, otherwise I never, ever touch a thing out there". 154 149 Ibid. 150 Sommers "Untitled Graduate Studies Paper," p. 08-10. 151 Buddy Nivens, "Jury Links Cuba To Drug Smuggling," South Florida Sun Sentinel, Tribune Publishing, published 27 February 1988, https://www.sun-sentinel.com/news/fl-xpm-1988-02-27-8801120759-story.html. 152 Richard Cole, "Prosecutors: Trafficker Implicated More Top Cuban Officials," Associated Press, Associated Press, published 21 August 1989, https://apnews.com/article/348da22ca41fd9a7e77c7ab9226c504e. 153 PBS Frontline, season 09, episode 10, "Cuba and Cocaine," directed and written by Stephanie Tepper & William Cran, aired 05 February 1991. 154 Ibid. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha4m1 Despite Ruiz's comment, he never once indicated to federal investigators he met Fidel or Raul Castro; the closest Ruiz got to implicating either senior leader was a secret recording made by a DEA informant in which Ruiz claimed "The [payoff] money went in Fidel's drawer".155 Again, Ruiz never identified this person as being Fidel Castro and, if he did, the information would have come from someone who had heard this information from someone else, effectively being inadmissible evidence. What is quite serious about Ruiz's allegations and testimony however are his connections to Cuban intelligence. According to Harry Sommers and confirmed by other federal investigations, Ruiz was a "cousin of Miguel Ruiz-Poo…a Cuban captain in the Ministry of the Interior" who was working in Panama when he met Reinaldo Ruiz.156 While they initially began transporting U.S. goods and products to circumvent the embargo, Reinaldo Ruiz eventually floated the idea of trafficking cocaine through Cuba which resulted in Ruiz-Poo informing his superior Major Amado Padrón Trujillo and Colonel Antonio "Tony" de la Guardia, both members of the Moneda Convertible (MC) Department, a division meant to "circumvent the United States embargo and earn Cuba hard currency".157 This is where Ruiz's involvement in shipping boats and aircraft filled with cocaine and other narcotics to Cuba and then on to Florida began. According to esteemed journalist Andres Oppenheimer, shortly after de la Guardia and Ruiz initially met, Ruiz asked de la Guardia if Fidel Castro was aware of their arrangement to traffic narcotics to which de la Guardia replied in the affirmative. Oppenheimer writes however 155 "Secret Drug Case Tape Talks of 'Fidel' Payoffs" Associated Press, Associated Press, published 09 March 1988, https://apnews.com/article/0800e600293914df73901e1fe452316b. 156 Sommers "Untitled Graduate Studies Paper," p. 11. 157 González, "The Cuban Connection: Drug Trafficking and the Castro Regime," CSA Occasional Paper Series Vol. 02. No. 06 (1997), p. 10. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha4m2 "It is unclear whether Tony de la Guardia had personally discussed his cocaine-trafficking plans with Castro. The Commandante, with his instinctive revulsion for money matters, seldom got involved in dirty business deals. That was Interior Minister Abrantes's job…De La Guardia's statement to Reinaldo Ruiz may have reflected the colonel's assumption that Abrantes never would have okayed something as hot as a drug operation without Fidel's blessing".158 Also around this time was the federal indictment against Manuel Noriega, the dictator of Panama who had become an increasing annoyance to the U.S. government. Despite having initially been friendly to the U.S., providing information to the CIA and DEA159, his involvement in substantial drug trafficking and racketeering efforts (in addition to the significant corruption and general abuses of his regime) had made him a liability.160 Among the witnesses who provided information against Noriega was Jose Blandón Castillo, a former key member of Noriega's intelligence service and a "consul general in New York".161 Blandón provided first-hand knowledge of incidences, confirming some of what was already suspected by American officials and investigators on Noriega's activities, but also claimed Fidel Castro mediated a dispute between Noriega and the Medellín Cartel in the Darién Province of Panama. According to Blandón, he "met with Castro in Havana on June 21 or 22, 1984 [and] Castro recommended that Noriega return the $5 million in protection money and return the plant, personnel, and equipment to the Cartel" and on either June 27th or 28th, "Noriega and Castro met 158 Andres Oppenheimer, Castro's Final Hour: The Secret Story Behind the Coming Downfall of Communist Cuba (New York, NY: Simon & Schuster, 1992), p. 29. 159 Robert L. Jackson, "Noriega Gave DEA Limited Aid for 5 Years, Officials Say," Los Angeles Times, Times Mirror Company, published 16 December 1991, https://www.latimes.com/archives/la-xpm-1991-12-16-mn-517-story.html. 160 Philip Shenon, "Noriega Indicted by U.S. For Links to Illegal Drugs," The New York Times, The New York Times Company, published 06 February 1988, https://www.nytimes.com/1988/02/06/world/noriega-indicted-by-us-for-links-to-illegal-drugs.html. 161 Stephen Engelberg with Elaine Sciolino, "A U.S. Frame-Up of Nicaragua Charged," The New York Times, The New York Times Company, published 04 February 1988, https://www.cia.gov/readingroom/docs/CIA-RDP90M00005R001100160023-3.pdf. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha4m3 directly" and Noriega agreed to go forward with Castro's suggestions, resulting in the release of numerous prisoners.162 While this information was used in indictments against senior Cuban officials and Manuel Noriega, some have found reason to doubt Blandón's claims. John Dinges, a noted investigative journalist and current Professor Emeritus of International Journalism at Columbia University, documented Blandón's claims in his 1991 book Our Man in Panama, stating, "There was no independent corroboration for the story…No other witnesses, including [Floyd Carlton Caceres, Noriega's personal pilot], had any knowledge of the Cuban meeting. If investigators had checked flight records and even press clips in Panama, they might have discovered that Blandón had gotten some basic facts of the Darién incident wrong: the dates for the trip to Cuba were wrong, and the prisoners supposedly released at Castro's urging had been freed more than one month before Blandón and Noriega went to Cuba".163 Richard Gregorie, who met with Blandón, disagrees with Dinges' assertions, saying, "Blandón provided the US government with valid evidence that was corroborated, but Blandón volunteered his cooperation and no one knew his true motivation. He was caught, prior to trial, recording his interviews by agents… The photos and information he provided were valid, but whether this was a lure by some foreign intelligence service or an attempt to sell his story for personal gain made him untrustworthy as a witness".164 Castro was interviewed around this time by Maria Shriver of NBC News and wholeheartedly rejected "José Blandón's charge" while also "[inviting] the Congressional committee [which heard Blandón's claims] to visit Cuba to receive evidence that Blandón was 162 U.S. Congress, Senate, Drugs, Law Enforcement, and Foreign Policy: A Report, p. 66. 163 John Dinges, Our Man in Panama: The Shrewd Rise and Brutal Fall of Manuel Noriega (New York, NY: Random House, 1991), p. 292, https://norwich.on.worldcat.org/oclc/232993288. 164 Richard "Dick" Gregorie (former Chief of Narcotics for the USAO-SDFL) in discussion with the author, 08 April 2021. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha4m4 lying to Congress".165 In this interview, he also "[denied] that the Medellín drug cartel has ever trafficked drugs through Cuba to the United States".166 Despite Castro's invitation to the committee, subcommittee chairman Senator John Kerry approached the Cuban Interests Section in D.C. and requested to visit Cuba on the conditions that "staff [be] permitted to advance the trip and…the Cubans agreed to discuss the drug trafficking problem in general" along with being able to meet Robert Vesco; the trip never materialized as "The Cubans never replied to any of these requests and never made any further arrangements for the visit".167 The concentrated U.S. criminal investigations, Congressional hearings, and federal indictments, the intense media speculation and reporting, along with seeming pressure from the Soviet Union168 forced the Cuban government's hand. On 12 June, 1989, multiple high-ranking members of Cuba's military and intelligence services were arrested. These members included General Arnaldo T. Ochoa Sanchez,169 Brigadier General Patricio de la Guardia, Colonel Antonio "Tony" de la Guardia (twin brother to Patricio), Colonel Antonio Rodriguez Estupinan, Captain Jorge Martinez Valdes, Lieutenant Colonel Alexis Lago Archoa, and Major Amado Padrón Trujillo.170 Also charged were Captain Leonel Estevez-Soto, Captain Antonio Sanchez-Lima, First Lieutenant Jose Luis Pineda-Bermudez, Captain Miguel Ruiz-Poo, Captain Rosa Maria Abierno-Gobin, and Captain Eduardo Diaz-Izquierdo.171 165 Jane Franklin, Cuba and the United States: A Chronological History (New York, NY: Ocean Press, 1992), p. 239, https://norwich.on.worldcat.org/oclc/944186211. 166 Ibid. 167 U.S. Congress, Senate, Drugs, Law Enforcement, and Foreign Policy: A Report, p. 66-67. 168 U.S. Intelligence Community, Central Intelligence Agency, International Narcotics Situation Report (Langley, VA: May 1989), p. 13, https://www.cia.gov/readingroom/docs/CIA-RDP91M01043R002200150004-9.pdf. 169 Robert Pear, "Cuba Arrests Top General on Corruption Charges," The New York Times, The New York Times Company, published 16 June 1989, https://www.nytimes.com/1989/06/16/world/cuba-arrests-top-general-on-corruption-charges.html?searchResultPosition=8. 170 Robert Pear, "Cuba Seizes 6 More Officers Amid Signs of Big Shakeup," The New York Times, The New York Times Company, published 17 June 1989, https://www.nytimes.com/1989/06/17/world/cuba-seizes-6-more-officers-amid-signs-of-big-shakeup.html. 171 Sommers "Untitled Graduate Studies Paper," p. 14. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha4m5 The majority of these persons were members of Cuba's Ministry of the Interior and intelligence services, though Estupinan and Martinez were both former aides-de-camp to General Ochoa.172 Save for Archoa and Trujillo, who were not charged with any crime, the other persons were charged with a variety of public corruption crimes, including money laundering, drug trafficking, and treason. As well, though all were arrested rather simultaneously, there were two separate cases going on which involved the drug trade in Cuba. The first involved, "[Antonio "Tony"] de la Guardia, Major Padrón, and six other officers who worked at [the MC Department] … The Cuban government charged that de la Guardia's group arranged for six tons of cocaine to be sent from Colombia through Cuba to the United States in the two years after April 1987, and that they were paid $3.4 million for doing so".173 The second case involved primary Ochoa and his aide-de-camp Martinez (in addition to "several others") in which the Cuban government charged that "[Ochoa] enriched himself in black-market trading, using army resources, when he was stationed in Angola in 1988, and to have neglected his military duties…[stole] $161,000 from Nicaragua's Sandinista army through a failed weapons deal…[and] was said to have conceived of a scheme to send major cocaine shipments to the United States, and for that purpose to have sent Martínez secretly to Medellín, Colombia, in 1988 to meet with Pablo Escobar Gaviria, a magnate of the drug cartel".174 The charges against Ochoa did not allege he was involved in de la Guardia's operations nor ever took part in a drug deal, alleging only he engaged in treason and efforts to gain private funds for either independent military operations or for personal use. 172 Ibid. 173 Julia Preston, "The Trial that Shook Cuba," The New York Review of Books, NYREV, Inc., published 07 December 1989, https://www.nybooks.com/articles/1989/12/07/the-trial-that-shook-cuba/. 174 Ibid. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha4m6 The trial (which aired on public television throughout Cuba) began on 25 June, 1989, thirteen days after Ochoa had initially been arrested, with the first hearing beginning on the 26th of June.175 Throughout the course of the trial, numerous witnesses were called who testified in regards to the charges, in some cases admitting culpability and accepting responsibility for individual actions which were illegal while also implicating others such as Ochoa and the de la Guardia brothers in the illegal activities they had been charged with. Both Patricio and Tony de la Guardia and Arnaldo Ochoa admitted their involvements in drug trafficking and treasonous activities, respectively, before the trial had commenced.176 At the trial's conclusion, the prosecutor for the government recommended to the Honor Tribunal, a board of 47 high-ranking Cuban military officers (one of whom was Aldo Santamaria-Cuadrado, who had been charged with drug trafficking by the U.S. in 1982)177, that "Arnaldo Ochoa Sanchez, Antonio de la Guardia Font, Jorge Martinez Valdez, Amado Bruno Padron Trujillo, Antonio Sanchez Lima, Alexis Lago Arocha, and Eduardo Diaz Izquierdo [receive] the death penalty…[for] the most serious crimes in this indictment, which are drug trafficking and treason against the fatherland".178 The prosecutor also recommended "30 years imprisonment for defendants Patricio de la Guardia Font and Rosa Maria Abierno Gobin, 25 years imprisonment for defendants Gabriel Prendes Gomez, Leonel Estevez Soto, Miguel Ruiz 175 "Cuban Government Proceedings Against Arnaldo Ochoa-Sanchez and Other Officials," Government of Cuba (June-July 1989), Translation by the Foreign Broadcast Information Service. FBIS Daily Report, Latin America, JPRS-LAM-89-003, 25 July 1989, p. 03, https://apps.dtic.mil/dtic/tr/fulltext/u2/a347578.pdf. 176 "Cuban Government Proceedings Against Arnaldo Ochoa-Sanchez and Other Officials," Government of Cuba (June-July 1989), Translation by the Foreign Broadcast Information Service. FBIS Daily Report, Latin America, JPRS-LAM-89-003, 25 July 1989, p. 07, 154, 164. 177 "Cuban Government Proceedings Against Arnaldo Ochoa-Sanchez and Other Officials," Government of Cuba (June-July 1989), Translation by the Foreign Broadcast Information Service. FBIS Daily Report, Latin America, JPRS-LAM-89-003, 25 July 1989, p. 44. 178 "Cuban Government Proceedings Against Arnaldo Ochoa-Sanchez and Other Officials," Government of Cuba (June-July 1989), Translation by the Foreign Broadcast Information Service. FBIS Daily Report, Latin America, JPRS-LAM-89-003, 25 July 1989, p. 187. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha4m7 Poo, and Luis M. Pineda Bermudez, and 15 years imprisonment for defendant Antonio Rodriguez Estupinan".179 The Honor Tribunal agreed unanimously on 11 July 1989, with the stripping of ranks coming later on 12 July 1989.180 On 13 July 1989, Ochoa, Tony de la Guardia, Valdez, and Trujillo were all executed by way of firing squad.181 During and following the trial, Cuba's Ministry of the Interior and the Cuban government as a whole was revamped; Diocles Torralba Gonzalez, Cuba's Minister of Transportation "was dismissed [on 14 June 1989] for "improper conduct" – suggesting he may have been engaged in corruption"182 while Cuba's Minister of the Interior, Brigadier General Jose Abrantes Fernandez, "was dismissed [on] June 26" and then arrested on 31 July 1989 alongside "Brig. Gen. Roberto Gonzalez Caso, a former head of immigration; Oscar Carreno Gomez, former customs chief; Lt. Col. Rolando Castaneda Izquiero, and Hector Carbonell Mendez, director of a state-owned company that dealt in foreign currency".183 Five more Brigadier Generals of the Cuban military, presumably aligned with the Ministry of the Interior, were also "demoted to colonel and retired".184 Both Abrantes and Torralba would later receive twenty year prison sentences, with Abrantes dying in 1991 of a heart attack.185 Replacing Abrantes in the MININT was "trusted four-star general Abelardo Colomé Ibarra" who quickly revamped much of MININT's capabilities.186 179 Ibid. 180 "Cuban Government Proceedings Against Arnaldo Ochoa-Sanchez and Other Officials," Government of Cuba (June-July 1989), Translation by the Foreign Broadcast Information Service. FBIS Daily Report, Latin America, JPRS-LAM-89-003, 25 July 1989, p. 208-209. 181 Oppenheimer, Castro's Final Hour, p. 01-03. 182 Jim Anderson, "U.S.: High-level shakeup may be under way in Cuba," United Press International, United Press International, published 14 June 1989, https://www.upi.com/Archives/1989/06/14/US-High-level-shakeup-may-be-under-way-in-Cuba/4954613800000/. 183 Isaac A. Levi, "Five Senior Cuban Officers Arrested in Drug Scandal," Associated Press, Associated Press, published 31 July 1989, https://apnews.com/article/0782d185225919535cf3aa518ed550a9. 184 Ibid. 185 Richard Gott, Cuba: A New History (New Haven, CT: Yale University Press, 2004), p. 285. 186 Krujit, Cuba and Revolutionary Latin America, p. 183. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha4m8 During and after the trial, the charges and convictions were heavily criticized. Some cast doubt on the trial's veracity in regards to having a military officer who had allegations of drug trafficking leveled against him187, while others (Cuban human rights activities, American journalists, and international human rights advocacy and monitoring groups) took offense to the lack of questions asked by the defendants' military appointed prosecutors (in addition to the rather loaded way in which some questions were asked).188 Jaqueline Tillman, a member of the National Security Council, was quoted as saying, "The evidence of Cuban involvement in narcotics trafficking was becoming so abundant that the regime moved to protect Fidel Castro by dissociating him from those activities" while Frank Calzon, a member of the human rights group Freedom House stated that either of the Castros, either Fidel or Raul, "had to approve of this activity, or at least [look] the other way".189 Even civilians of the island nation, according to former diplomat Wayne Smith, were "questioning the official explanation and arguing that there has to be a lot more to this than what is contained in the official announcement".190 Following the trials and into the 1990s, however, Cuba seemingly became more committed to halting drug traffic in Cuba. Fulton Armstrong, a former NIO for Latin America and two-time Director for Inter-American Affairs for the NSC, has stated that "Since Ochoa, collaboration has been good" mentioning that, since 1997, a formal relationship between the United States and Cuba exists, with both the U.S. and Cuba "[identifying] this as a matter of 187 Richard Cole, "Admiral's Role Calls Cuba Drug Crackdown Into Question," Associated Press, Associated Press, published 29 June 1989, https://apnews.com/article/9ef279d0c5de07e958d53e9c1a7bea5b. 188 Preston, "The Trial that Shook Cuba," The New York Review of Books. 189 Robert Pear, "Cuba Discloses A Drug Network Of Top Officials," The New York Times, The New York Times Company, published 24 June 1989, https://www.nytimes.com/1989/06/24/world/cuba-discloses-a-drug-network-of-top-officials.html. 190 Larry Rohter, "Castro Is Anxious About His Military," The New York Times, The New York Times Company, published 25 June 1989, https://www.nytimes.com/1989/06/25/weekinreview/the-world-castro-is-anxious-about-his-military.html?searchResultPosition=10. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha4m9 national interest".191 Pierre Charette, the ASAC for the DEA's Caribbean division during the late-1980s, identified that into the early-1990s, cooperation with the Cuban government has been "fantastic [with] drug trafficking through go-fast boats dropping significantly" and that this productive relationship remains in place today.192 In 1991, the U.S. Customs Service detailed to Frontline that "[drug, arms, and other illicit] trafficking had declined since the trial, but…not stopped".193 The DEA's Administrator194 and Chief of International Operations195, in 1996 and 1999 respectively, both testified before Congress that, despite large profile cases in the media, the Cuban government itself nor senior officials were not involved in drug trafficking. Also in 1996, the State Department's Bureau of International Narcotics and Law Enforcement Affairs "recognized cuban[sic] counter-drugs efforts, stating that the cuban[sic] government was giving anti-narcotics policies higher public profile in the face of growing narcotics transshipments and consumption".196 General Barry McCaffrey, who served as Commander of U.S. Southern Command (USSOUTHCOM) and was President Clinton's Director of the Office of National Drug Control Policy (ODNCP) from 1994 to 2001, recalled in 2015 "Cuba's a police state, and I don't believe the Cuban government wants to be a hub for drug smugglers. They saw it as a 191 Fulton Armstrong (retired National Intelligence Officer for Latin America with NSC) in discussion with the author, 13 January 2021. 192 Pierre "Pete" Charette (retired Assistant Special Agent-in-Charge with DEA) in discussion with the author, 16 March 2021. 193 PBS Frontline, season 09, episode 10, "Cuba and Cocaine," directed and written by Stephanie Tepper & William Cran, aired 05 February 1991. 194 U.S. Congress, House, Committee on International Relations, Subcommittee on the Western Hemisphere, Statement by: Thomas A. Constantine, Administrator, Drug Enforcement Administration, 104th Cong., 06 June 1996, https://fas.org/irp/congress/1996_hr/h960606c.htm. 195 U.S. Congress, House, Committee on Government Reform, Subcommittee on Criminal Justice, Drug Policy, and Human Resources, Statement by: William E. Ledwith, Chief of International Operations, Drug Enforcement Administration, 106th Cong., 17 November 1999, https://fas.org/irp/congress/1999_hr/ct111799.htm. 196 Isabella Bellezza-Smull, "Will Cuba Update its Drug Policy for the Twenty First Century?," Igarapé Institute, Igarapé Institute, published 29 December 2017, https://igarape.org.br/wp-content/uploads/2017/12/08-11-2017-NE-29-Cuba-Drog-Policy.pdf. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha5m0 threat to their children, the workforce, their economy, their government" while noting that though cooperation was imperfect, there was constant communication with the Cubans throughout his time in terms of combating drug trafficking.197 The Question of Culpability on the Part of the Castros The involvement on the part of Fidel and Raul Castro in the drug trade is something that has long been debated and speculated. Since the 1960s, individual criminal investigations, U.S. federal government memorandums, Cuban intelligence defectors, convicted criminals, and congressional hearings have included testimony that has tried to implicate Fidel, Raul, or both Castros in the drug trade. With the 1989 trials, these speculations have increased and, in some cases, due to the handling of the trials, been given more credence. At least two U.S. Congressional hearings have been conducted since 1989, both of which focused on continuing drug traffic in Cuba.198 199 Into the 1990s, more evidence of possible involvement by the Castro regime was revealed. First were the allegations of Carlos Ledher, an experienced drug trafficker and pilot and co-founder of the Medellín Cartel.200 Ledher, upon his arrest and extradition in 1987, was "convicted…on charges of conspiracy and running a criminal enterprise as well as other charges related to the importation and sale of cocaine" in May of 1988.201 Due to this, Ledher began 197 Joshua Partlow & Nick Miroff, "In fight against drugs, Cuba and U.S. on same team," The Washington Post, Nash Holdings, LLC., published 05 January 2015, https://www.washingtonpost.com/world/the_americas/in-fight-against-drugs-cuba-and-us-on-same-team/2015/01/05/6416305a-90fc-11e4-a66f-0ca5037a597d_story.html. 198 U.S. Congress, House, Committee on Government Reform, Subcommittee on Criminal Justice, Drug Policy, and Human Resources, Cuba's Link to Drug Trafficking, 106th Cong., 1st Sess., 17 November 1999, https://www.hsdl.org/?view&did=2027. 199 U.S. Congress, House, Committee on Government Reform, Drug Trafficking in the Caribbean: Do Traffickers Use Cuba and Puerto Rico As Major Transit Locations For State-Bound Narcotics?, 106th Cong., 2nd Sess., 3-4 January 2000, https://www.govinfo.gov/content/pkg/CHRG-106hhrg69521/pdf/CHRG-106hhrg69521.pdf. 200 Mark Bowden, Killing Pablo: The Hunt for the World's Greatest Outlaw (New York, NY: Penguin Books, 2001), p. 45, https://norwich.on.worldcat.org/oclc/45086854. 201 Patricia Bauer, "Carlos Ledher," Encyclopædia Britannica, Encyclopædia Britannica, Inc., published 18 June 2018, updated 03 September 2020, https://www.britannica.com/biography/Carlos-Lehder. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha5m1 cooperating with the U.S. government for a lesser sentence. In federal testimony during the Noriega trial, Ledher claimed "that Castro mediated a bitter 1984 dispute between Noriega and Colombia's Medellin cartel that saved Panama's strongman from probable assassination…and bribed Cuban government officials to ship tons of cocaine into the United States".202 Lieutenant Colonel Luis del Cid, a close aide to Manuel Noriega, alleged during Noriega's trial that he "accompanied Noriega on a flight to Cuba and met Castro following the raid [in which Panamanian troops raided a cocaine lab in Darién province Colombia]" though specified he did not attend the meeting in question.203 While both Ledher and del Cid's testimonies seem to corroborate what Blandón had previously testified in regards to Castro's connections to Noriega and the Medellín Cartel, it must be noted that both del Cid and Ledher testified in exchange for reductions in their sentences (which numbered into the hundreds of years for each of them) and also could easily have become aware of Blandón's testimony in any of the three years prior to their providing evidence to the U.S. government. Two former officials who defected from Cuba two years before the trials, Oscar Valdes from the Ministry of Trade and Manuel de Beunza from the Ministry of the Interior, offered their insights on the trial, claiming the trials were for "show" and were more politically motivated as Castro desired to remove opponents whom he saw as a threat to his power.204 This allegation that the drug trials were a show trial meant to snub out political opponents of Castro's hold on Cuba has become a very prominent. 202 Robert L. Jackson, "Cartel Leader Reveals Secrets of Drug World," The Los Angeles Times, Time Mirror Company, published 21 November 1991, https://www.latimes.com/archives/la-xpm-1991-11-21-mn-404-story.html. 203 Richard Cole, "Former Aide Tells of Drug Cash, Castro, and Prostitutes," Associated Press, Associated Press, published 24 September 1991, https://apnews.com/article/0b7fcac1c0842630af2d1cc758ab1acd. 204 Jim Anderson, "Defectors: Cuba trials about politics, not drugs," United Press International, United Press International, published 27 July 1989, https://www.upi.com/Archives/1989/07/27/Defectors-Cuba-trial-about-politics-not-drugs/2648617515200/?spt=su. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha5m2 Other defectors, including those from the DGI who defected, also voiced their views on the trial. Jorge Masetti, a DGI officer and Tony de la Guardia's son-in-law who defected from Cuba in 1990, claimed in an interview, "If this operation really existed, it could only have existed if Fidel and Raúl Castro knew about it. They made these accusations, which were supposed to make the case against Ochoa. Arnaldo Ochoa was never proven to have smuggled drugs. The direct evidence does not exist, but they accused Ochoa, and why? Because Fidel wanted to send a message to all the officials with high authority".205 Juan Reinaldo Sánchez, a seemingly credible defector206 from Cuba's MININT who was the personal bodyguard to Castro for seventeen years, wrote in his book The Double Life of Fidel Castro that Castro had knowledge of subordinates' involvement in the drug trade and sanctioned it. Sánchez recalls overhearing a conversation in 1988 between Minister of the Interior Jose Abrantes and Castro in "centered on a Cuban [drug trafficker] living in the United States" who wanted to travel to Cuba to visit his parents; Castro approved the trip along with allowing the trafficker to, as a cover, say he was a Cuban intelligence operative while also requesting that Tony de la Guardia handle "the logistics of the trip".207 This conversation, while innocuous, seems to indicate that Castro did maintain a friendly relationship with some drug traffickers, yet reveals no legitimate information of Castro's involvement in the drug trade. Into the 1990s, working off the indictments against the Ruiz Family in 1988 and the 1992 Noriega trial, the U.S. Attorney's Office for the Southern District of Florida began investigating senior level members of the Cuban government. In 1993, the USAO-SDFL "drafted a [proposed 205 The Cuba Libre Story, season 1, episode 7, "Secrets and Sacrifices," directed by Emmanuel Amara, Kai Christiansen, & Florian Dedio, aired 11 December 2015, https://www.netflix.com/title/80109535. 206 Edward A. Lynch, "All Socialists Are Equal, but Some Are More Equal Than Others," Military Review (November-December 2019), p. 124, https://www.armyupress.army.mil/Portals/7/military-review/Archives/English/ND-19/ND-19-Book-B.pdf. 207 Juan Reinaldo Sánchez with Axel Gyldén, The Double Life of Fidel Castro: My 17 Years as Personal Bodyguard to El Líder Máximo (New York, NY: St. Martin's Griffin, 2015), p. 230. CUBAN DRUG TRAFFICKING AS A FOREIGN POLICY Cunningha5m3 indictment that] would have charged Raul Castro and 14 other top Cuban officials [including Manuel Piñeiro, head of the Departamento América] with conspiracy and racketeering for allegedly providing safe passage for Medellin cartel cocaine loads, including permission to fly over Cuba and use its waters".208 Among others allegedly involved in this large enterprise was Abelardo Colomé Ibarra, the Minister of the Interior who replaced Jose
Issue 1.1 of the Review for Religious, 1942. This is the first issue of the publication. ; A.M.D.G.- -~ Review for ehg ous " " JANUARY 15, 1942 ,~>The Vow of P~overfy . ~The oE udta÷ O~Iotn er ¯ Hygienic M6rfificafio~ -- Exemptions from F~s+ing ~.~ ~Bellar~ine's S[gn of The:~Lmfurgy ih'Mo~ern ~r ¯ Religious Cg~secration : . By M~ffhew Germlng,-S.J. . By Adam C. Ellis, S.J. ~.By, William J. McGucken, S.J. ~' " By,'~. Augustine Ellard, S;J. '~ ~. By Gerald Kelly, ~S.J. '/ By C!pm~nt DeMufh, S.J. B~. ~rald Ellard, SfJ. .° VOLUME. NUMBER 1 Review ~:or Religious Volume I January--December 1942 Published at THE COLLEGE PRESS Topeka, Kansas Edited by THE JESUIT FATHERS SAINT MARY'S COLLEGE St. Marys, Kansas REVIEW FOR RELIGIOUS VOLUME I JANUARY 15, 1942 NUMBER CONTENTS GREETINGS FROM THE BISHOP OF LEAVENWORTH Tlie Most Reverend Paul C. Schulte, D.D. 4 PLANS AND ACKNOWLEDGEMENTS~The Editors .6 RELIGIOUS CONSECRATION--Matthew Germing, S.J . 8 JOHN NEPOMUCENE NEUMANN . 14 THE VOW OF POVERTY IN THE CODE OF CANON LAW Adam C. Ellis, S.J . 15 THE EDUCATION OF SISTERS--William J. McGucken, S.J .2.7. HYGIENIC MORTIFICATION---G. Augustine Ellard. S.J .3.2 EXEMPTIONS FROM FASTING--Gerald Kelly, S.J .4.2. SAINT ROBERT BELLARMINE'S SIGN OF THE CROSS Clement DeMuth, S.J . 47 LITURGY IN THE PATTERN OF MODERN PRAYING Gerald Ellard, S.J . 51 BOOK REVIEWS .THE MASS. By the Reverend Joseph A. Dunney . 63 A CATHOLIC DICTIONARY. Edited by Donald Attwater . 63 ALL THE DAY LONG. By Daniel Sargent . 64 "FEAR NOT, I~ITTLE FLOCK.'" By the Reverend George Zimpfer 65 QUESTIONS AND ANSWERS 1. Period of Recollection before Perpetual Vows . . " . 68 2. Shortening the Second Year of Novitiate . 68 3. Permission of Parents for Emergency Operation .69 4. Recital of Little Office by those absent from Community Recitation 69 5. Private Vows by Professed Religious . 70 6. Curtain between Priest and Penitent in Convent Confessional 70 DECISIONS OF THE HOLY SEE OF INTEREST TO RELIGIOUS 71 REVIEW FOR RELIGIOUS, January, 1942. Vol. I, No. 1. Published bi-monthly: ,January, March, May, July, September, and November, at The College Press, 606 Harrison Street, Topeka, Kansas, by St. Mary's College, St. Marys, Kansas, with ecclesiastical approbation. Application for second class entry pending. Editorial Board: Adam C. Ellis, S.3.,~ G. Augustine Ellard, S.3., Gerald Kelly, $.J. Copyright; 1942, by Adam C. Ellis. Permission is hereby granted~for quotations of reasonable length, provided due credit be given this review and the author. Address all communications to: Review for Religious, St. Mary's College, St. Mar/s, Kansas. Printed in U.S.A. Greet:ings-t: 'om !:he Bishop ot: Leavenw0rt:h WE ARE reminded of the striking analogy that exists between the Mystical Body of Christ and our own physical body. As the human body is made up of mil-lions of tiny ~ells, each cell in a sense a distinct entity having its .own function, so too, the Church is made up of millions of individual members, living individual lives; yet, even as ehch cell in our body draws life from the soul, ~so also is ~ach member of the Mystical Body of Christ quickened by the spiritual life of Sanctifying Grace. Carrying the analog~r further, we are reminded that, as the tiny individual cells are grouped so as to form individu.al organs and members of ~our body,, so too, in the Mystical .Body of Christ, individual men and women are o/~ten grouped into societies andorganizations, distinct, yet work-ing for the common good and drawing life and inspiration from th~ one spiritual head. As St. Paul reminds us,, "the eye cannot say to the hand: I need not thy help; nor again the head to the feet: I have no need of you,'; neither can the various groups within the Church be self-centered, but" they must work for the common good of the whole Church under the guidance of its head, Christ's Vicar on earth. The religious form what might be called the right arm of the Mystical Body of Christ. Ever since our Divine Savior gave the invitation to the young man in the Gospel, "if thou Wilt be perfect, go sell what thou hast, and give to .the poor . and come, follow me," noble souls have been inspired to lea~e all things and seek perfection in the life of the religious. The very earliest centuries of the Church already found the deserts filled with the cells of the anchor-ites, from which soon was to be born the great monastic sys-tem as we have it today. Naturally, the unusual form of life led by the religious presents for them unusual problems. The Church in her canon law has taken cognizance of this and has devoted much space to defining the rights and duties of religious, both as indi'viduals and as institutions. However, the rami-fications of these rights and duties are so far reaching, and the field of direction towards spiritual perfection is so vast that the volumes upon volumes of commentaries that have been Written have not begun to exhaust the subje.cts. Besides, new .problems are ever arising. We have today many reviews of a general ecclesias-tical character dealing withthe multitudinou~s phases of the Church ~n general, yet we can readily see the need of a special review for the religious, not only to explain .the general laws governing their lives, but also to keep them abreast of the problems that theever-changing world is presenting to them. We feel confident therefoie that REVIEW FOR RELIGIOUS, which is making its bow. with this issue, will be .not .only very helpful to the religious but welcomed by the entire Church. We are happy to give it our personal approbation and fed honored that it is to be published in our Diocese. We are confident of its success under the editorial guidance of the Jesuit Fathers of St. Mary's. May it live long and effect much "pro Deo et Ecclesia!" PAUL C. SCHULTE, Bishop of Leaventvortl~. Plans :nd. ' . Acknowl dgem.ents N THIS initial number of REVIEW FoR RELIGIOus .wish tO say something Of our purpose,and ourplans, so that our readers may know rather definitely what to expect of us. ,, Our 'review is for all religious, clerical and non-clerical. However, we shall consider primarily the needs of brothe~ and nuns, bec~iuse clerics, particularly those in sacred orders, already have many excellent reviews at their disposal. This policy need not make the review less interesting to clerics, and it should increase its utility for those who may be entrusted with the spiritual guidance of other religious. In this latter connection, the review may also be of service to diocesan priests, as many of them are confessors and spiritual directors of religious. We have founded this magazine for a two-fold purpose: first, to aid °religi"ous in their personal sanctification; and secondly, to be of some service to them in carrying on their respective °apostolic works. The first purpose evidently call~ for articles of a purely ascetical nature; also for solid articles on the doctrines, legislation, and liturgy of the Church, as all true piety must ultimately conform to the Church's doctrine and practice. In line with the second purpose w~ll be a~'ticles which may have no direct bearing on ~he personal li:¢es of the religious themselves, such as background articles on various sections of the catechism, suggestions.for the care of the sick and the dying and for the ~arrying on of other ministries. Our general policy will be to offer articles of interest to all, but this policy cannot be inflexible. Some topics will be of use to superiorsand of slight value to subjects; some will be esl~ecially for brothers, others for nuns: some may concern only those engaged ina definite work such-as teaching, caring for the sick, and so forth. We think it well to adopt no general policy that would exclude such special-ized articles; otherwise our power for good would be great-ly diminished. We antidpate difficulties. The war situation evidently increases the difficulty .of .making definite plans. Some of our articles will be quite theological in content, yet these must be written in a non-technical, and understandable manner--an accomplishment that is not easy. On the part of our subscribers, some superiors have already suggested to us that a huge difficulty will be to find time for reading the review. We realize the force of. this practical objection: yet we hope that a fair number of individuals will find the time for private reading, and we suggest, that some articles frbm each issue will be suitable for community reading. The launching of. this project is the result of extensive dreaming and planning. Indeed, we should have begun many years ago, had not a certain unforeseen event delayed 9ur plans. Today, as we finally go to press, we are moved with an intense spirit of gratitude, to God for His assistance, and to all others who have helped us. Almost universally we have met with encouragement andcooperation. Our Bishop has been most kind in appro;cing our venture; our own and other re.ligious superiors were constantly helpful. Higher superiors, in general, responded very promptly and generously to our request for lists of houses to circularize: in many instances the superiors themselves sent subscrip-tions for entire congregations or provinces, thus saving us considerable labor and expense. May God bless them a11, and may He prosper this work begun for His greater glory! -~THE EDITORS. Religious Consecrat:ion Matthew .Germing, S.3. HOLY,SCRIPTURE says: "He that contemneth small things ~hall fall by little and little" (Ecclesiasticus 19:1). Spiritual writers commenting on these words rightly insist on the importance of little thing~ in the spiritual life. In the present consideration I wish to call attention, primarily, not to little things but to a big truth. I say, "primarily," because I believe that often enough interest in little things is best promoted by insistence on some large fundamental truth or fact on which the little ¯ things depend. Such a truth, once it has been thoroughly understood and assimilated, once it has. permeated the very marrow of our being and is thereafter kept vig.or.ously alive in mind an, d heart, will be a wonderfully energ,zmg force in the daily routine of life. It will extend its influence to the smallest actions of the day and thus compel us to take heed of even the little things. . Of this character is the consecration to God made by the members of every religious order and congregation. We are familiar in a general way with the meaning of consecration. Persons or things are consecrated when they are set apart and with the proper ceremonies dedicated to God or the Service of God. Thus the chalice used by the priest at Mass is consecrated; it is sacred and may not be used for any other purpose. To use it for other purposes would be sinful and sacrilegious. The same holds of a consecrated church. All religious are consecrated to Gdd by means of the three vows of religion. They are sacred in the eyes of God, far more sacred than consecrated church or ~halice. Whether they bel6ng to an active or a contemplative order, whether they are engaged in school work or hospital duties, whether in charge of orphans or caring for the aged and infirm, no matter what their function or task or position in the com-munity, all are consecrated to God. And they are so con-secrated by their three vows. There is a twofold aspect to these vows, the .negative and the positive. The negative aspect is "the privation involved in the vows, but privation is not the distinctive feature of religious poverty, chastity, and obedience. The mere lack of temporal goods does not make anyone accept.- able or sacred in God's sight. Poverty .as'such makes.many people in the world at large discontented and miserable, leading to complaints and rebellion against Providence. Nor does celibacy with its privations have of itself a sancti-fying effect. And as for obedience, a man may be a slave and be far from Christian and ev.angelical obedience. It is the motive that counts. It. is the love of Christ, the conse-cration to God which is the purpose and end of.all these sacrifices and privations, that makes them precious in the sight of heaven. And this is the positive aspect of the vows of religion. When we pronounced our vows for the first time we offered to God, to Christ our King and to His Sacred Heart all we had or possessed, and made ourselves entirely depen-dent on God and His representatives on earth. When St. Francis of Assisi bade farewell to his father and gave away the very clothes he wore, he said: "Now I can truly say, our-Father who art in heaven," Certainly Francis knew that God was his Father before that time, but he meant to say that only now was he absolutely without all earthly support whatever; he had only his Father in ¯ heaven to rely upon. And this gave him perfect joy and perfect cbnfidence. Blessed are we if our renunciation of the things of earth was nearly as complete as that of St. Francis and made in the same joyous~spirit. Then we can exclaim with him in ~ransportsof seraphic love, "My God and my all!" and pray to God in the word of another saint, "Give me only Thy love and Thy grace and I am rich enough and desire nothing more." But in pronouncing our vows we did much more than despoil ourselves of all temporal possessions out of love for Christ our Lord. We offered ourselves. There is recorded for us in Holy Scripture (I Paralipomenon 29: 16, 17) the touching prayer of King David when, surrounded by a vast multitude of his people, he offered to Almighty God the gold and silver and precious stones he had gathered from far and near for the temple which his son Solomon was to build. And David prayed: "O Lord our God, all this store ¯ that we have prepared to build thee a house for thy holy name is from thy hand, and all things are thine. I know, my God, that thou provest hearts and lovest simplicity, wherefore I also in the simplicity of my heart have 'joyfully offered all these things." We also on the day of our vows made our offerings to God in joyful spirit, presenting not gold or silver or precious stones but gifts, far more precious m the sight of heaven--the loyalty and devotion of a con-secrated soul. We knelt before the altar and in simplicity and sincerity of heart pronounced the vows of poverty, chas-tity, and obedience. Thus we made an oblat.ion to God of our entire being, our body with its senses and all their pleasures, our soul with its intellect and free will, promising to understand and do all things in accordance with the rules and constitutions of the religious life we then and there embraced in all its fulness. And we made these promises solemnly before the throne of God, in the pres-ence of Mary, Queen of heaven, of our Guardian Angel, our patron saints and the whole heavenly court as witnesses of our oblation. With holy David we acknowledged to God, "All things are thine, and we have given thee what we received of thy hand." Thus we vowed eternal loyalty to Christ and became consecrated and sacred in His eyes. This consecration was the most important event in our life, a spiritual fact of tremendous import. For it meant the abandonment of all selfish interests and complete devo-tion to the cause of Christ. Up to that time self had chiefly been the focus of our thoughts and desires; now our L6rd and Savior was to be enthroned in our mind and heart. Our. aims in life, our thinking and planning, .our capabilities of soul and body, our work and r.ecreation, our time itself, all were consecrated and must be directed to God. We are en-tirely His. We ought to make it our serious effort to understand and appreciate this fact. We should do what the Blessed Virgin did during her life on earth. And what did she do? St. Luke tells us in the second chapter of his Gospel. Toward the end of his account of the nativity Of our Lord, after narrating the apparition of the angel to the shepherds and the visit of the latter to Bethlehem, he adds: "But Mary kept in mind all these words, pondering them in her heart." We may be sure that what is told us so explicitly of her conduct in the present instance she did on many other occa.- sions in connection with the mysteries in the life of our divine Lord in which she had a large part. She treasured up in her memory the words and events, meditated on them, 10 prayed over them in the silence and quiet of her chamber, thus ever increasing in faith, hope, and the 10ve of God. Thus too she secured for herself the divine assistance, sup-port and guidance and encouragement in the daily happen-ings and sufferings of her life on earth. We ought to imitate this practice of our Blessed Mother in regard to so sacred an event in our life as our consecration to God. In the first place, we should recall it often and prayerfMly. Many religious have the commendable custom of making the renewal of'their consecration part of their morning prayer, using for the purpose a short formula; even purely mental renewal is .beneficial. We may do the same at intervals .between exercises during the day, even in the course of work which does not require dose and continu-ous attention. Our Blessed Lady gave us the example. Doubtless her mind and 1,ieart were frequently, if not habitually, occupied, with thoughts of sbme of the great mysteries in the life of her divine Son. This kept her in a state of recollection, transforming all her work into .prayer. Because of the difference of circumstances and the nature of their occupation, religious living in the modern world with its multiplic!ty of work are unable to practise recollection to. the same extent to which our Blessed Lady practised it in her home at Nazareth. Nevertheless, we must not lose sight of the fact that some degree of recoll~ction is essential for living the religious life as it should be lived. For all religious, whether members of an active or contemplative order, are consecrated to God. Consecration means total devotion to the cause of God, the cause of Christ and His Church. But they cannot effectively promote the cause of Christ unless they are devoted to prayer. And the prayer of consecrated souls must be something more than a casual and routine performance at stated times and places. Reli-gious must be penetrated and imbued with the true spirit of prayer, which comes only with thought and reflection and intimate converse between God and the soul. How can they achieve this spirit and continue it once they have achieved it if they do not strive with all the means at their disposal to attain to some degree of interior recollection? It is easier to keep up a high degree of recollection in somepositions or spheres of duty than in others. This holds of all religious communities whose members are engaged in the active life. But to whatever duty individual religious are assigned, all 11 must remember that their life of prayer, their spiritual life in generall will not take care of itself. The' saying is true that no one will be much more in prayer than he or she is out of prayer. In other words, they who outside of praye~ scatter their attention over a variety of interests, neither necessary nor useful for their work, will be unable to pray well beyond a few minutes when the hour comes for their devotional exercises. The inference is not that recollection is to interfere with attention to duty. Duty comes first. But there are moments and intervals when thoughts are free from assigned work and the employment of time is left to each one's discretion. These are favorable moments for the care and attentio.n which religious ought to have for their personal spiritual welfare. And if at such times they follow the promptings of mere curiosity, seeking the news of the day or other information not necessary or useful for them, thus spending the time in useless reading or. idle con-versation, they are losing precious opportunities' for sanc-tifying themselves. I said above that, in the first place, we ought frequently and prayerfully to recall the fact of our consecration to God. It is a thought pregnant with meaning for all of us and will be a great aid to recollection in the course of the day. Secondly, it will be decidedly profitable to take~ our consecration now and then for the subject of daily medita-tion. In such a meditation we may first consider, the ¯ meaning of our consecration. It means complete dedication ¯ "to God by means of the three vows, oblation of all that we have, all that we are, all that we are able to do--our thoughts, words, and actions; it means an act of the most perfect love of God. Then we may reflect on its obliga-tions. They are the observance of the vows of poverty, chastity, and obedience; of the rules and constitutions of the order, and obedience to the commands of superiors. Finally, we may think of its adoantages. The most impor-tant ones are that it frees us from many s~rious dangers of sin, furnishes numerous aids in the practice of every kind of virtue, aligns us with that choice company of the army of Christ which would signalize itself by special service to its Leader, renders us sacred in the eyes of God, is a sign of God's predilection, has Christ's promise of the highest reward-- they "shall receive a hundredfold and shall possess life ever-lasting" (Matthew 19:29). Conclusion. We may Con- 12 clude-with sentiments of esteem and love of our vocation with its consecration to God; humility; gratitude to God. Another opportunity for strengthening ourselves in our consecration to God is the Monthly Recollection. It is a time of spiritual grace, when God reveals Himself more fully to our souls. We should do our part by making a brief survey of the month that has passed, considering in detail and with more than ordinary scrutiny whether we are living up to ~:he requirements of our state. It is not a question of merely seeing whether we have avoided deliber-ate sin. This too merits our attention, as a matter of course. We must look to our religious ideals, the perfection of our daily actions, the motives that animate us from early .morning till late at night. Are we seeking God in all things in all our doings? Are ,Jesus Christ and His interests habitually in our thoughts, or is self frequently uppermost in our minds, controlling and directing our purposes and policies? Our Blessed Lord said: "Thou shalt love the Lord thy God with thy whole heart, and with thy whole soul, and with thy whole mind, and with thy whold strength" (Mark 12:30). This is the perfection we are bound to strive after in its literal sense. It is the epitome, the compendium of all that is contained in our consecration to God. We are consecrated to God, sacred in His eyes. It would be quite wrong and detrimental to our spiritual life if, by reason of this, we were to fall into the error of conceiving and fostering self-complacency, as though we were the favorite~ of Almighty God and better than other people. If God has manifested His predilection towards us by bestowing the efficacious grace of a religious vocation, He has by that very fact also imposed on us graver obligations and responsibilities. In all humility we should thank God for what He has done for us and for all other men, each of us saying with the patriarch ,Jacob, "I am not worthy of the least of all thy mercies and of thy truth which thou hast f.ulfilled to thy servant" (Genesis 32:10). It is very important for .us to maintain~ an attitude of thankfulness and humility. Let us remember our Lord's words to His Apostles: "You have not chosen me, .but I have chosen you". (,John 15:16). He has chosen us out of the world and transferred us into a kingdom of light and grace that, like the Apostles; we might "bring forth fruit." It-remains for us to distinguish ourselves in His service by an ever increasing love and generosity, a more steadfast loyalty to the consecration which we made of ourselves when we pronounced our vows. In this way a big fundamental spiritual truth, kept fresh in mind and heart by daily prayer and recollection, will exercise oa salutary influence On the little things of every day life. It will have the effect Of sweepingaside in a moment the petty and narrow views arising from selfish-ness, just as the bright rising sun scatters the mist on a mid-summer day.' JOHN NEPOMUCENE NEUMANN Just before the first issue of REVIEW FOR RELIGIOUS went to press, we received a letter from the Reverend Albert H. Waible, C.SS.R., Vice-Postulator of the Cause for Beatification of the Venerable John Neumann, C.SS.R. John Nepomucene Neumann was the first pro-fessed Redemptorist in the United States and the fourth Bishop of Philadelphia. On December 11, 1921, Pope Benedict XV approved the decree declaring that John Neumann had practised heroic virtue, and he was given the title of Venerable. The Holy Father's words on that occasion are singularly appropriate for readers of REVIEW FOR RELIGIOUS : "We deem it proper to say that all our children should profit by the. Decree of today by reason of the peculiar character of the heroic virtues of Ven. Neumann. Perhaps the very simplicity of these virtues has been misunderstood by those Who thought there was no heroic degree in the virtues of the Servant of God. because in their eyes the good works and holy deeds performed by Neumann are. the holy .and good deeds which every good religious, every zealous missionary, every good bishop should perform. ¯ We need not repeat that works even the most simple, performed with constant perfection in the midst of i~aevitable difficulties, spell heroism in any servant of God. Just because of the simplicity of his works, We find in them a strong argu-ment for saying to the faithful of whatever age, sex, or condition: You are all bound to imitate the Ven. Neumann.,. If, in spite of this, there should be some who still seem surprised and cannot pic-ture him to themselves as a hero apart from grand undertakings, We hasten to say that wonderful results can spring from simple deeds, . provided these are performed as perfectly as possible and with unre-mitting constancy." Those interested in Bishop Neumann's cause can procure a small pamphlet biography from the Mission Church Press, 1545 Tremont St., Boston, Mass. 5 cents a copy; $3.50 per 100. 14 The Vow ot: Poverl:y in !:he Code ot: Canon Law Adam C. Ellis, S.,L IIF't LESSED are the poor in spirit, .for theirs is the king-dom of heaven" (Matthew 5:3). This poverty of spirit for which the Gospel promises the kingdom of heaven consists essentially in keeping one's heart free from attachment to temporal goods. It is the first means, though not the most important, which man must make use of to win heaven.or to attain to perfection. The reason for this is that poverty of spirit is the cure for that evil which is the root of all others according to the Apostle: "For covet-ousness is the root of all evil" (I Timothy 6:10). That is why our Lord not only began his preaching with it, but also gave us the example in His own person of a life of pov-erty from the crib in the stable of Bethlehem to the cross on Calvary. And when He wished to teach men the secret and the way ot~ perfection, he tells us again, in the instance of the rich young man, that. poverty is the starting point. "If thou wilt be perfect, go sell what thou hast. and give to the poor, and thou shalt have treasure in heaven; and come, follow Me" (Matthew 19:21). The first persons who took this lesson to heart and put it into practice were the Apostles, who in turn imparted it to the primitive church, and thus impressed upon religious communities the form of perfect poverty. In canon 488 of the Code ot: Canon Law, the Church tells us that the three vows ot~ religion, obedience, chastity, and poverty, are means by ~vhich religious strive at~ter per-t: ecfion; Hence in all orders and congregations approved by the Church these three essential vows must be taken, either explicitly, as in modern congregations, or as least implicitly, as in the older orders. In its essentials the vow 6f poverty is the same: for all religious, but the constitutions of different orders and congregations add details to these fundamental notions according to the particular spirit ot~ each institute. Evangelical poverty as set forth in the constitutions of a religious institute, may be considered from different points of view. It-is not our intention to give an ascetical ¯ or a moral.interpretation of the vow of poverty; we leave .15 that to others, who, we trust, will favor us later on with articles in the REVIEW FOR RELIGIOUS dealing with these aspects. It is our purpose now to study the present laws of the Ghurch regarding the personal poverty of religious, as promulgated in the Code of Canon Law, since these laws are applicable to all religious, and are usually incorporated into the constitutions o~ all religious institutes. The Nature of the Vow of Pooert~/. The vow of pov-erty is a promise made to God by whicla the religious deprives himself of the right to place any act of proprietor-sbip over any material thing having a money value, with-out the lawful permission of his superior, The proper and distinctive character of proprietorship or ownership of property is the power to dispose of it freely and independently/: that is, to use it, to give it away, to sell it, to destroy it, at will, as an absolute master over it. without any obligation of having recourse to the will of another, hence independently of the will or permission of another. The essence of the simple vow of poverty consists, therefore, in the privation of this right to dispose freely and independently of temporal goods, of whatsoever kind they may be. The subject-matter of the vow is the possession and use of temporal things, independently of the will of superiors. Whatever the degree of poverty prescribed by the con-stitutions of any particular institute may be, only such things as come under the heading of temporal goods or property constitute the subject-matter of poverty. Other things, such as health, the use of one's bodily members, one's mental and spiritual faculties, talents, supernatural gifts, are not the subject-matter of the vow of poverty. Temporal goods or property, therefore, include any object of money value that a person can acquire and possess or hold, anything that can be owned. Personal goods or property are such things as can be kept on or near one's per-son, usually all movable goods. Real property or real estate consists in lands and whatever is attached to the land, houses and buildings of any kind. The general term, prop-. erty or temporal goods, therefore, comprises every material thing which has a money value, such as: money, real estate, stocks, bonds, mortgages, jewelry, and all movable and per-sonal objects having a money value. By his vow of poverty 16 the religious refiounces his right to place any act of owner- Ship over such goods without the permission of his supe-rior. The vow of poverty, therefore, forbids the religious: 1) every independent act of appropriation, e.g. to acquire, keep, use, receive, borrow from another; 2) every act of disposal of property: to give away, to sell, to lend, or lease to another, to allow goods to deteriorate or perish. All these acts, placed without the permission of the superior or of the constitutions, are contrary to the vow of poverty. The various degrees of sinfulness of these acts is a moral question and outside the limits of this article. Let us now take up the general legislation of the Church regarding the vow of poverty, keeping in mind that these laws obligate all religious, and that any contrary leg-islation in the constitutions has been revoked by the Code of Canon Law, unless a special apostolic privilege has been obtained. I. A religious who has tatien a simple vow of poverty, whether temporar!t or perpetual, retains the ownership of his property, as well as the capacity to acquire, more, unless the constitutions provide otherwise (cf. canon 580, § 1). The distinction between a simple and a solemn vow ~s the result of church legislation. ~ A religious who takes a solemn vow of poverty deprives himself not only of every right to place act~ proprietorship, as explained above, but he freely gives up even the right to own temporal goods. Such a religious must give away all that he. possesses, within sixty days preceding his solemn profession. After taking the solemn vow, he can no longer acquire temporal goods for himself, since by his vow he has renounced his very right to own, hence whatever may come to him by way of inheri-tance or gift, he acquires for his institute (cf. canons 581 and 582). The religious who takes a simple vow of poverty, on the contrary, retains his right to own, that is to possess property; hence he is not deprived of his property by the simple vow, but continues to be the owner of all that he possessed at the time of his religious profession. Further-more, he retains the capacity to acquire more property or temporal goods even after he has taken the simple vow of poverty. Such is the provision of. the general law of the Church today for all religious. The Church allows the constitutions to limit this right, but since there are very few constitutions ;which do so,,we.shall omit any comment On this detail, and we shall suppose hereafter that no such limitation has been placed. iI. The simple vow of poverty makes a" contrary a~t illticit, but not invalid, unless the contrarg, has been expressly decreed (cf. canon 579). The effects of the vow of poverty are determined by the law of the Church. That law says that the simple vow of poverty makes a.contrary act illicit, which means that if a religious with a simple vow of poverty disposes of or in any way exercises rights over his property without permis-sion, he-.commits a sin,. venial or grave acc.ording, to the gravity of the illicit transaction. However, the act which he places, for example, the gift or s~ile of temporal goods, is valid, that is, it is recognized as legal by canon law, unless the contrary is expresslydecreed. Such a prohibition may be contained in the general law of the Church," as 'happens in the case of a religious who takes a simple vow of poverty in an order in which he is to take solemn vows later on. Canon 581 § 1. forbids .him under pain of invalidity to give away his property, except within sixty days preceding his solemn profession. If such a religious gives away any property, the act is null and void, ~which means that the person to whom he,gave it must return it, and may not keep it. Thus if Sister Generosa, a member of a religious congregation, gave all her property to her needy family off the day 9n which she took her first vows, her parents may keep it, since the act is a valid act. Sister Generosa, how-ever, acted illicitly, that is, she violated her vow of povert.y :by transgressing the law of the church, unless she. did so m good faith, being ignorant of the law. Off'the other hand, if Brother John, a member of the Carmelite order, gave away all his property on the day he took his first simple vows, the person to whom he gave it would be obliged to give it back to him, because his act was not only illicit but also invalid. He can give away his property validly only within sixty days of his solemn profession. III.' If during his novitiate, a novice in any way what-ever renounces his property, or.encumbers it, such a renun-ciation or encumbrance is not only illicit, but also null and void (cf. canon 568). This legislation comes down to us from the Council of Trent. It applies to all novices, whether in a pontifical or 18 in a diocesan institute, and to all their temporal goods, whether movable or immovable, real or personal. The pur-poseof the legislation is to safeguard the freedom of action of both the novice and of the institute regarding the profes-sion to be made at the end of the novitiate. The novice may wish to leave, the institute may be unwilling to admit him to profession. Hence the wisdom of the legislation. To renounce one's property means to give up the right to it by freely and lawfully transferring it to another with-out recompense. A novice may, therefore, sell his.property and invest the proceeds, or. put the money in a bank for the time being. He may, likewise, freely~dispose of the income of his property during the novitiate, or add it .to his capital. He must pay his.debts, of course, and may pay for his board and clothing during the'novitiate provided this is required by the constitutions, or agreed upon before entrance into the postulancy, or novitiate in conformity with canon 5 70, §1. To er~carnber one's property means to put a burden or obligation upon it. Hence a novice may not promise to give away a certain part of 'his property or all of it on condition that he perseveres in the religious state and is admitted to profession. He may not mortgage his property.,-as that would be placing an encumbrance .upon it. While the law of the Church does not forbid such renunciation and encumbrance during the postulancy, the same reasons make such an act inadvisable. If such a renun-ciation is made for grave reason during the postulancy, it should be made conditionally, so that the postulant may be able to regain his property in case he does not persevere in religion, and must return to the world. Even before the Code went into effect i~ was a common opinion of canonists that novices could give alms to the poor, to pious causes, and even to their own institute, pro-vided that small amounts were given on rare occasions, The same is permitted under the Code. Thus a novice would be allowed to have a number of Masses said for the repose of. the soul of his father or mother who dies during his novitiate. Supposing that our novice persevere~, and that his institute is ready to admit him to his first profession~, the .law. of the Church requires him to place certain acts in rdgard to his property before he takes his first ~vows. 19 IV. Before the profession of simple vows, whether temporory or perpetual., the novice must cede, for the entire period during Which he wilt be bound bg simple vows, the administration of bis~ 15ropertg to whomsoever he wishes, and dispose freelg of its use and usufruct, unless the consti-tutions determine otberu;ise (cf. canon 569, § 1). We have seen above that the simple vow of poverty does not deprive the novice who takes it of the ownership of his property or of the right to acquire more property after he. has taken the simple vow of poverty. On the other hand, one of the purposes of the vow is to free the religious from the worries and distractions connected with the care and management of temporal goods. Hence the Church wisely decrees that the novice must turn over to another the administration of his property if he has any. He may choose any person he wishes to act as his administrator: his parents, a brother or sister, a friend, a lawyer, a trust com-pany. He may also ask his institute or province or house to assume this task if superiorslare willing tO accept it. Let us u.nderstand what an administrator is. All of us have heard on occasion, after the death of a person, that the deceased had appointed an administrator of his estate in his will, or if he died intestate, the court appointed somebody to fill this office until the estate could besettled. The per-son appointed cares for the estate or collection of temporal goods owned by the deceased, pay bills, collects rents, as well as interest on money deposited in banks or due on stocks and bonds, keeps buildings in repair, pays taxes and the like. In a word, an administrator performs all those ordinary acts which the deceased person performed during his lifetime for the preservation and increase of his prop-erty. Once the novice has appointed his administrator, he must leave to him all these acts of ordinary administration of his property. He may be consulted as regards extra-ordinary acts of administration, such as the sale of his property, and the investment of the money derived from such a sale, and be has the right to receive an annual report of the condition of his property. The administrator is entitled to some recompense in proportion to his labor. Once the administrator has been freely appointed, the religious may not replace him by another without the per-mission of his superior general, unless the constitutions of his institute allow him to do so of his own accord (cf.canon 20 580, § 3). It4s evident that the novice who has no prop-erty at the-time of his first profession .need not appoint an administrator. The disposition or: his income: The novice must dispose freely of the use and usufruct of his pr.operty, if he has any. If his property consists of real estate, a farm, a house and lot, etc. he may ~rant the use of such property to anybody he wishes. If his property is productive, real estate which brings in rents, or stocks and bonds producing income or interest, such income is called the fruits of his property, or .the usufruct. It is evident that were the religious to retain the free disposal¯ of such income in his own hands, it would become a source of distraction and worry to him. Hence the Code prescribes that, before he takes his first vows, he must determine, once for all, the person or persons who are to be given the use of or the income of his property for the duration of his vows. He may choose whomsoever he wishes as the beneficiary of bis income: his parents, a brother or sister, some charitable work, his own institute. It would be well for the novice, before making his decision, to think seriously on those words of our Lord: "give to the poor." His parents may be in need, or he may have a brother or sister struggling to raise a family or to get an education; then there are so many forms of Christian char-ity in need of funds to carry on their work: hospitals, or-phanages, homes for the poor, etc; lastly the novzce should also consider the needs of his own institute before coming to a decision. But the final decision rests with him, unless the constitutions of his institute determine otherwise. There are some constitutions approved before the promultzation of the Code which deprive the novice of the right to dispose of the use and usufruct of his property, or restrict that right or define it, e.g. by limiting such disposal in favor of a char-itable work, or by designating or excluding the institute as the beneficiary. Whatever the dispositions of such consti-tutions may be, they must be observed (Code Commission, Oct. 16, 1919). Once the novice has made this disposition of the use or income of his property, he may not change it in favor of someone else without the permission of his superior gen-eral, unless the constitutions' allow him to do so of his own accord (canon 580, § 3). It will-be Well to call attention here to a restriction which this same canon places on 'th~ 2I right to chahge the beneficiary with the permission ~of the superior general.~ Such modification or change mustnot be made, at least for a notable part of the income, in favor of the institute. Permission of the Holy See is necessary to make such a change in favor of the institute (Code Com-mission, May 15, 1936), if there is question of a notable part, say one-fourth, or certainly one-third Of the same. This point should be made clear to the novice before he chooses the person who is to have the use or the income of his property. While he is free before taking his first vows to appoint hisown institute (orhis province or house) as the beneficiary of his income, ifas a matter of fact, he does not do so, but appoints some other person, he may not later " cbang.e .this disposition in favor of.his ihstitute without the permission of the Holy See, if there is question of one third or more of the entire income. If, later on, after having taken his vows, the religious should leave his institute and the religious life, these appointments of an administrator and of the beneficiary of his income cease to have a.ny effect, and he regains comple.te control of his property. It may happen that a novice has no property at the time be takes his first vows. Later on, after takin~ his vows, he acquires pkoperty by inheritance or gift. What is to be don~? " " V. :In case the novice, because he possessed no property, omitted to make the cession and disposition mentioned above, but later on acquires p. ropertq, or i~:, after making the cession and disposition ~n question, be becomes the possessor of more property under whatever title, be must then' make the cession and disposition for the ~irst time, or repeat it, iri regard to the newI~/ acquired property/, his simple vow o~: povern.] notwit.bstanding (cf. canon 569, §2). In this case the religious whopossessed no property at the time of his first profession, but. later on acquires prop-erty, needs no permission to appoint an administrator and to determine who is to have the use of this newly acquired property, or the income thereof. The law obliges him to do .so. Similarly, if, after having appointed an adminis-trator and determined a beneficiary of the income of his property, a religious, after taking his vows, acquires new property by inheritance, gift, and so forth, he must then 22 repeat the same acts in regard to h!,s. newly acquired prop-erty. Of course he may simply say: I wish the same admin-istrator, already appointed, to take care of it, and I wish the same person or persons, already recei~,ing the income of my property, to receive the income of this new property like-wise." He may, howe.ver, appoint a different person administrator, and a different person the beneficiary of the income of this newly acquired property, if he wishes to do so, It may be noted in 1Sassing that an increase in value of property already possessed does not constitute a new acquirement of property .within the meaning of the law. Hence if the real estate, or the stocks and bonds which a religious owns, increase in value because of a land boom, or because of a rise in the stock market, such a religious may not consider that increase in value as a new acquirement of property. Nothing is to be done in such a case. VI. In ever{] religious congregation the novice, before taking his temporarg vouJs, must freetg make a will or tes-tament regarding all the propertg he actuatl~l possesses, or mag subsequentl~l possess (cf. canon 569, § .3). A will is a legal declaration of a man's intentions as to the disposition of his property that he wills to be carried out afterhis death. Strictly speaking, a testament differs from a will in that it bequeaths personal property only; but the terms are used interchangeably. By his will, there-fore, the novice does not give away his property here and now. ° He merely indicates the person Or persons whom he wishes to come into possession of it after his death. As long as he lives he retains the ownership of all his prop-erty. The beneficiary of his will becomes possessor of the property of the. religious only after the latter dies. Every novice in a religious congregation must make a will before taking his first, temporary vows, whether he actually owns any property or not, the reason being that the will includes everything that may come to the religious dur!ng his life-time, and of which he dies possessed. Novices about to take their first, temporary vows in an order are not obliged to make a will, since they must give away whatever they possess before they take their solemn vows. They are not forbidden, howe~er, to make a will valid for the period of their profession of simple vows, ~hould their wish to do so. ¯ Members of a religious congregation who took their 23 first vows before the Code went into effect (May 19, 1918), are not obliged to make a will, even though they acquired more property after that date, or will akquire such property in the future. But they ar~ not forbidden to make a will, should they wish to do so, and generally speaking, it is advisable for them to make a will.But all religious in every congregation who took their first, temporary vows after May 19, 1918 are obliged to make a will as soon as possible, if they have not done so already. The law requires this, even though it had been omitted in good faith. Even though the novice who is about to take his first vows cannot make a will valid in civil law because of a lack of the required age, he is still bound by canon law to make his will, and later on, when he becomes of legal age, he must tlake the steps necessary to make his will'valid in divil law as well. The Code says that the novice must freel~t make a will. This does not mean that he is free to make a will. or not, but that he who makes the will prescribed by canon law is free to choose the beneficiary of his will, that is he freely chooses the person or persons he wishes to take possession of any property he may own at the time of his death. May a religious ever change his will after he has freely made it? VII. No religious may change his will once made in "conformity with the requirements of canon law as explained above without the permission of the Hotel See, or. in case of urgencq, abd time does not permit of recourse to the Holg See, without the permission o3 his superior gen-eral, or of his local superior if the former cannot be' reached (cf. canon 583, 2°). A will is not considered altered or changed if certain prescriptions are merely made clearer, or if a will'which is invalid in civil law is changed merely to conform with the requirements of that law, so long as in both cases the bene-ficiary remains the same. Should the person named as bene-ficiary in the will of a religious die, the will becomes ineffec-tive and has no value. Hence no permission is needed to make a new will, since by so doing the religious is simply fialfilling the law of the Church which requires him to make a will. The will he had made is no longer valid, hence he is without a will, and must make another in order to fulfill the law, 24 As long as the religious with simple vows continues, to live in a religious congregation he may ~not give away his property. VIII. It is forbidden to the professed of simple" uows in a congregation to abdicate gratuitously the dominion ouer their property b~/ a voluntary deed of conveyance (cf. canon 583, 1°). To abdicate gratuitously means to give away one's property without receiving any monetary recompense in return. The motive for giving away one's property may be a spirit of gratitude, or friendship, or a charitable desire to help others in need, or to further 'the cause of some pious work. No matter what the motive may be, the Church forbids all religious with simple vows in a congregation to give away their property as long as they remain in religion. Due to the uncertain times in which we live, it can and does happen that religious freely leave or are obliged to leave their institute, or the institute itself may be dispersed by reason of persecution which is 'always present in the Church in some part of the world. Should any one of these con-tingencies arise, the religious will not be obliged to return to the world penniless, thus bringing Shame on religion, or becomin~ a burden to others, but he will be able to support himself with the aid of the temporal goods he brought with him when he entered religion, or which he received by. way of inheritance or gift during his stay in the religious life. Since the law says a religious is forbidden to give away his property, but does not say that such an act is invalid as it does in the case of a novice and of the religious with simple vows in an order in which he is to take solemn vows later on, it follows-that if a religious in a congregation has actually freely given away his property contrary to the pre-scription of the law, the act is a valid act, and.the religious cannot reclaim his prbperty. If he did so in good faith, in ignorance of the law, he will be free from all moral guilt in the matter. But all religious in congregations, whether papal or diocesan, should understand clearly that their supe-riors cannot give them permission to dispose of thei~ patri-money, as the sum total of their temporal goods is. called, during th~i~ lifetime in religion. The permission of the Holy See would have to be obtained before this couId be done licitly. A final question arises with regard to the property of O~ 25 religious with simple vows. We have seen that such a re!igidus retains his ownership over the property, he-pos-sessed at the time of his entrance into religion, as well as the capacity to acquire more property, even after he has taken his simple vow of pover~;y. How are we to decide what a religious may and must keep and add to his patrimony, what be must give to his institute of the temporal things which come to him during his life in religion? IX. Whatever a religious acquires b~j l~is own industrg, or in respect to his institute, he acquires for his institute (cf. canon 580, § 2). A religious with simple vows acquires for himself, that~ is, as part of his patrimony or collection of his temporal possessions, whatever he receives by way of inheritance, legacy or personal gift. But whatever comes to him by reason of his own industry goes to his institute. To acquire b.u one's own industrtl means by one's mental and physical efforts, such as writing a book, or making a work of art, a painting or fancy needle work, or by reason of one's profes-sion, recompense received for teaching, nursing and the like. Since the religious has become a member of thereligious family by his profession of vows, and is suppotted, fed, clothed and educated by the institute, which supplies all his reasonable wants, it is but meet and just that the fruits of his:labors should go to the institute. To acquire in respect to the institute refers to what is given to a religious not as an individual person, to John Jones; or to Mary Blank, but to the religious as a religious, to Brother Plus, or to Sister Martha, for the community to which he or she belongs, in order to help the Charitable or educational work in which the community is engaged, or because of the confidence and respect which the institute as a whole inspires in the donor because of its religious activ-ity. In a word a religious acquires in repect to his insti-tute whatever is g.iven to him because be is a religious. In cases of doubt, when it is not certain that the gift was per-sonal to the religious, the presumption will be that it was made in favor of the institute. This presumption applies especially to superiors. Small gifts given on special occa-sions such as feast days or at Christmas time to a teacher by his pupils, and so forth, are presumed to be given to the religious because he is a religious, not for personal reasons. The constitutions usually regulate such gifts. 26 The I::ducafion ot: Sis :ers William 3. McGucken, S.,J. THIS IS an altogether extraordinary book that should be of particular interest to the readers of the REVIEW FOR RELIGIDU$. It is not a dull book, despite the fact that it is in the genre of the much despised doctoral dissertations in Education (with a capital E). Sister Bertrande has a reporter's sense of what constitutes news, a reporter's abil-ity to penetrate beyond the barriers and get a "story" from. her unwilling victim. Very briefly, the book is the narra-tive of what has been done in America for the religious, social, cultural, and professional education of sisters, what is being done, and, most significant of all, what should be done. With the first two parts of the book no one can disagree; the facts are presented with such ingenious clarity that he who runs may read.In the third part one may question some of the proposals on the ground that they are too detailed, too rigidly regimented after the immemorial fashion of nuns, but with the main features of her proposal to give a truly sound and truly Catholic education (this time without the capital E) to American nuns there can be no disagreement. The true story of Catholic education in the United States, especially the education .of women, has yet to be written: its tale of heroisms, sacrifices, blunderings, and fatal failures have been chronicled in part. here and there. notably in Mother Callan's excellent study, The Society! of the Sacred Heart in North America, but nowhere can one find a complete picture of the whole scene. Particularly is this the case with American Catholic ~ducational policy as it affects the religious qua religious. The old saying "Cucullus non.facit monachum" is all too dreadfully true, but unfortunately many religious superiors believed the wimple made the nun. Every religious over fifty years of age knows that there was a time in the history of the sister-hoods in America when a young woman, often not even a high school graduate, was passed through a rapid postu- 1 THE EDUCATION OF SISTERS. A. plan for Integrating the Religious~ Social, Cul-tural, an'd Professional Training of Sisters. By Sister Bertrande Meyers. New York: Sh~ed add Ward, 194i. Pp. xxxiii + 255. $3.75. 27 l~ncy, given a Veil, and sent out to teach. Granted that mother superiors were forced by circumstances, the impor-tunings of bishops and parish priests, granted that the nuns thus sent off the assembly line with less than a year's training made up for their lack of acquaintance with the vchole idea and ideals of ~eligious life by their practices of piety, their simple devotion, their childlike faith, yet it still remains an inscrutable mystery of divine providence that there were not more individual catastrophes as a result of this short-sighted policy. The first .World War came along; there was a multi-plication of school~; especially of sisters' high schools and colleges: there was also a tightening of the reins by the accrediting agencies. .Moreover, Rome. was insistent on religious communities adhering to their constitutions. At last, it is true, the nuns were obliged to, spend, at least a canonical yeay in the novitiate, but in order to satisfy the professional requirements necessary to teach, many .of the sisterhoods had to resort to miserable subterfuges in order° to securethese "credits." A tragic.story, truly, this filching from the r~eligious training 9f the novice to satisfy ttie craze for credits. Nor is it over even now. Sister Bertrande says (of the year 1940) : "Isolated instances were even found where credit was given [dur!ng the Canonical Year] in Church History or World History for reading Lives of the Saints, in Home Economics for the daily.domestid work, and in Philosophy Of Education for the daily instructions of the' Mistress of Novices. iiO,,ne of ~he Mistresses of N0yices co,mplai~is bitterly: In the first place, there is a sii nion~h s postulate. But. lJefore the postulant can be.inducted into religious life She :is made conscious of credits to be earned towards her teaching credentials;.so her day is full of classes. That is not so bad, since this is just the Posti~late, but it would be better if she ~studied something like Logic--that would teach her how to think. But no. Methods of teaching, all professional subje.cts come togeth~er to make the girl more conscious of the need to become a good teacher rather than a true religious. " 'Then--the Canonical YEar. It is so taken, up with studies in the field of education that when a novice is asked how she is coming along in recollection, she says: "Recollec- 28 tion? Why I can think of nothing but getting my school work"done--there is no time even for class preparation." Spiritual exercises ar~ curtailed; classwork takes precedenc~ over interviews with the. Mistress of Novices--often I have to scheme little ways of finding an opportunity to give direction to a novice-who stands in need. " 'Two and one-half hours a day are allowed for Novi-tiate routine such as. instructions, spiritual reading, confes-sions, etc. If anything must be put aside it must be any-thing but classwork. Thus it happens that a thin, super-ficial religious decorum takes the place of depth and breadth in the spiritual life. And no real, permanent culture comes from this cramming of normal work. " 'The second, year the novices are sent out to teach. They go out to teach with good will, but with no concept of the interior life. There was a time when the second year was strictly a part of the Novitiate; .but it began With "bor-rowing" two or three novices for sorely pressed missions, and the Borrowed novices, were .never returned. Then, a few more were borrowed. Now, there is no pretence at leaving them in the Novitiate for a second year. They are robbed of their Canonical Year with a full program 0f studies; the second year they leave for the local schools, and as a~result we have teachers with no real Understanding of their Community or of' the obligations of religious life'." It should be noted that this condition has held ever since the State Departments have insisted on professional requirements for teachers; it still holds today, let us hope only in "isolated instances." It can be left to the reader's imagination what the situation was in the period immedi-ately after World War I when every major superior was confronted with the choice of closing a certain number~of schools or getting credits for her sisters somehow, some-where. The result: a conflict, was set up in the mind of the young religious; she was told that her spiritual develop-ment comes first, and yet much was done to interfere with her allowing her religious life to take first place. A very interesting part of the book is Sister Bertrande's discussion of the effect of secular universities on religious women. The majority of provincials,~mistresses of novices, deans of nuns' colleges feel that it does~harm, that there is a weakening of the Catholic: sense, but some are sure that they are forced to attend for certain courses in the graduate field. 29 It is not explicitly stated that the real reason for the danger tO sisters at secular graduate schools is the haphazard quality of the undergraduate preparation received by many of them: they have not a Catholic view of life, even though they may be very devout religious. "One point was uniformly expressed.m that the courtesy and consideration which sisters met in dealing with the officials and the faculties in secular universities outdis-tanced that which was experienced in Catholic centers." One just wonders if it is not possible that the more poorly prepared for graduate work attend Catholic universities, the brilliant students, the ones superiors are absolutely sure of, frequent the non-Catholic institution. Moreover, Catholic institutions have possibly far more experience of those "isolated instances" where nuns present transcripts of worthless credits than the officials of the secular universi-ties. It is g.ratifying to see from Sister Bertrande's tables that there is a tremendous increase in the attendance of sis-ters at Catholic institutions and a corresponding decrease in attendance at secular universities. One startling fact in the picture presented of the con-temporary education of Catholic sisters is this: relatively t~ew ot~ our nuns receive a thorough grounding in liberal arts. Even where the situation in the Canonical Year has been bettered, 'it is very rare indeed for a sister to be set aside to complete her course for the Bachelor of Arts degree. ~here. there is a second year of novitiate, studies are crowded, into this year--too many, alas, professional studies; that year ended, the novicepronounces her vows and is immediately sent on a mission. Carrying a full teach-ing schedule, she attempts to garner credits after school hours, on Saturday mornings, and in summer sessions. After she has attained the mystica! number of 120, she may be sent to graduate school, utterly unprepared for graduate work by this hurried amassing of credits which she has had no time to digest. It is not thus that bachelors of ar~s are made. One can say that many, not all, bachelors of arts in American colleges are in no better fix. This may be true, but the fact remains that sisters because of their profession as teachers should be thoroughly grounded in systematic fashion in the liberal arts. What this crowding of the day of the young religious does to her spiritual life can be left to the imagination. If this or a similar condition were bad a 30 generation ago, when life was .simpler, when our' novices came from good Catholic families with a tradition of reli-gious practice,, what must it not be today when we find the product even of our convent schools woefully lacking in Catholic principles and practices because of poor home training and the prevalent paganism of the American scen~. Sister Bertrande's plan for the education of postulants, with its emphasis on instruction in Catholic faith and prac-tice, so necessary at all times but especially in these times, its ignoring of all secular subjects except. Speech and Music, is espe.cially commended to all major superiors. So too her plan for the Canonical Year--one might wish that this part~ were continued everywhere for two years--with its rigid exclusion of everything but Religion and Gregorian Music will help to make our sisters strong religious women. Some Will quarrel with the curriculum Sister Bertrande out-lines for the two-year curriculum for the Community Jun-ior College. Too many of the courses, some would think, bear the mark of superficiality so characteristic of survey courses. However, that is a minor detail. The one point is brought Out that the postulancy and novitiate are devoted to God and the development of the spiritual life in the indi-vidual; two yeais of junior college are to be added to com-plete the foundation of their liberal arts program, with the leisure necessary for that. purpose. After that Sister Bert-rande recommends that the new sister be sent to a Catholic college for the completion of the work that is needed for the degree. The author does not say that they should be sent immediately. Perhaps it is too far away from the prac-ticalities of American convent life for her to recommend that. All in all this is a book that should be read and digested by everyone who has anything to do with the education of sisters,--major superiors, Catholic college professors and administrators, at least that they may acquire the saooir i:aire~ of their non-Catholic confr~res,.last but not least, pastors, that they may understand the difficulties under which the sisters in their parish schools are laboring. It is a book that had to be written: the candid objective presen-tation of facts can do no harm; it may prove to be of ines-timable benefit to future generations of sisters, if .present superiors heed the pointed lesson that is written here. 31 i~lygienic Morfit:ic~fion G. Augustine Ellard, S.J. ~'~NE of the most prominent ascetical writers of the ~ J twentieth century and at the same time an authority ~ on the history of the spiritual life in the Church, namely, Msgr. Saudreau, states that the principal defect in the cultivation of the interior life in our days is a lack of bodily mortification (1). Moreover, the want of mortifi-cation is assigned by Father De Guibert, of Rome, a leader among contemporary ascetical and mystical theologians, as the reason why so few pass beyond mediocrity in the spir-itual life (2). Perhaps one of the main reasons or pretexts why most devout people do not practice more external mortification is the fear that it would injure their health, or at least lessen their strength and capacity for work. One might answer that an abundance of mortification, and that too of a supe-rior form, may be found precisely in learning and living up to the principles of hygiene. Let us assume, for the present purpose; that mortifica-tign consists in any or all acts of virtue in as much as these involve foregoing what is pleasant or undergoing what is unpleasant. Thus it would be coexten,s, ive with the spher, e, covered by the old rule of the Stoics: bear and fork;ear. Though the word mortification (putting to death) may suggest the contrary, all sound ascetical authorities would hold that the purpose of it is posltix;e: life, a~nd more life. If inferior vital tendencies are checked and thwarted, it is only in order that the higher vital tendencies may bd saved from being checked and thwarted, and that they may be more freelyand richly developed. By all means, the aim of sound mortification is more and better life rather than less. "Ever we bear about in our body the dying of Jesus, so that the life, too, of Jesus may be made manifest in our bodies. For we who live are ever being delivered up to death for Jesus' sake, so that the life, too, of Jesus may be made manifest in our mortal flesh" (II Corinthians 4: I0-1 ! -~Westminster Version). (I) Auguste Saudreau. La Pi~tl d Travers Les Ages, page 661. (2) J. De Guibert. J:h'ctionnaire de SpiritualitY, Fascicule Premier. page 106. Hygienic mortification would consist in foregoing whatever is pleasant and undergoing whatever is unpleas-ant with a view to preserving, or improving, o.r regaining, one's health and vigor, and ultimately to.furth~ering God's glory and to-growing in that participation of, the divine life which comes with grace. Three degrees of hygienic mortification may be distinguished: first, avoiding any sin-ful neglect in the care of one's health; second, steering clear of whatever would .involve danger of such neglect; and third, refraining from wh~itever is less commendable in favor of the more commendable in this matter. Health is either physical or psychical. For the present, let us confine our. discussion to physical hygienic mortifica-tion. The psychic is more important in many respects, and more akin to the° "interior mortification" of the spiritual masters. Possibly in a subesequent paper we may revert.to it. Up to a certain point there is a strict obligation from the divine natural law to care for one's life and health. "Thou shalt not kill," either others or thyself. It is ethical to regulate our conduct in accordance with rational human nature and to avoid what tends to damage or destroy it. This d.uty requires .that one should use the ordinary means of sa.feguarding and preserving life and health. Nature is necessary for the supernatural life. If nature can do nothing in the supernatural order without grace; "neither can grace do anything without nature. It is .equally helpless. The Code of Canon Law, 1369, pr~scrib'es that those who are in charge, of seminaries should exhort the ~emii~arians Con-stant. ly to obs'erve the principles of hygiene and personal cleanliness. Presumably it is in .keeping with the mind of the Church that religious should do at lea~t~ as much. One who is. striving to become perfect will not stop with what is of strict obligation. He will constantly endeavor to do the better thing. Thebetter thing will indlude what-ever, other things being equal, is more conducive to bodily strength and effid~ncy. God counsels solicitude for health. "Better is a poor man who is sound, and strong of constitution, than a rich man who is weak and afflicted with evils. Health of the soul in holiness of justice, is better than all gold and silver: .and a sound body, than immense revenues. There is no riches above the riches of health of the body; and there is no pleasure above the joy of the heart. Better is death 33 t/~an a bit~ter life: and everlasting rest; than continual" sick-ness" (Ecclesiasticus 30: 14-17), In his inspired epistle to Timothy, St. Paul did not disdain to give this advice to one of the first bishops: "Drink no longer water only, but use a little wine, on account of thy stomach and thy frequent illness" (I Timothy 5:23). The divine counsel to have a concern for health is implied in all the numerous exhorta-tions to accomplish good works. As Pope Plus XI wrote in his "Encyclical on Education,"--.something, by the way, especially deserving notice by teadhers--"The true Chris-tian does not., stunt his natural faculties; but he develops and perfects them, by coordinating them with the super-natural. He thus ennobles what is merely natural in life and secures for it new strength in the material ond temporal order, no less than in the spiritual and eternal" (3). This is not the place for a presentation of the principles of hygiene, nor, even if it~ were, should I be presumptuous enough to. attempt such a thing. I should be:like the patient in the medical adage: "He who has himself for a doctor, has a fool for. a patient." If any religious should not know the elementary rules of h~giene, that is, the ~ules for living on the physiological plane, then let him begin his hygienic mortification by taking the trouble to-l~arn them. This is not an original suggestion ot: mine. A first-rate ascetical theologian of the twentieth century, namely, Zimmermann, the author of the excellent treatise Lel~rbucl~ der Asz~tik, counsels everyone seeking perfection to learn both the general prindiples of hygiene which may be studied, and the individual applica-tions and variations which must be gathered by personal experience (4). My attempt will be confined to indicatingcertain points on which the autldorities in hygiene do have something to prescribe, and to suggesting certain possible deviations that may perchance be found among religious. Posture migh~ be considered first. Constantly to pre-serve a wholesome and becoming posture of the body would not 6nly make for health, especially of the lungs, but it would also be something that would please others, and it would add to the influence of one's personality on others. Were it better observed, there would be fewer ill-looking (3) Pius XI. Christian Education of Youth; The Paulist Press: page 37. " '(4) Zimmermann. Otto. Lerhbueb d~r Asz.e. tiko page 516. 3# religious whose very appearance is, to put it mildly, not pleasing nor apt to inspire respect in Others. Certain religious seem to be given to the use of an exces-sive amount of clothing. To see them Out in winter weather, one might suspect from the. great number of thi~ngs 'which they are wearing, that they were planning on visiting the polar regions. Habitu'ally they are over-dressed. Then, sooner or later, iinevitably they are caught in some unex-pected exposure to cold, and, being sensitive like hot-house plants, rather than possessing the normal adaptability .to moderate variations in temperature, they~may catch cold,~ or develop a sore-throat or something of the sort. In any case, one would not expect a man who is ~eally mortified to be meticulous about slight changes in the temperature. Per- 'haps just the same persons are those who, believing that, as everything has its place, the proper place for fresh ai~ in winter is outside, insist on an immoderately high tempera- ~ure, and along with it, a bad atmosphere in the room. Thus .they diminish their alertness and efficiency, and at the same time waste steam and coal. Keeping the rules df etiquette at table would presum-ably be beneficial rather than harmful to one's health. At all events, it could be real charity and mortification. Cer-tainly, very certainly, it would be a great kindness to others, and tend to promote good appetite and health in the com-munity, as the neglect of good manners may be so great as to become disgusting to others. If there should be any re-" ligious who do not already know the ordinary pr~escriptions of table etiquette, then, by. all means, let them get Emily ¯ Post, and study her. It could be a very genuine act of vir-tue. Probably there are very few religious, those excepted who are already on a diet ordered by a physician, who could not make some change in their habits of eating and drinking that would not redound both to their physical well-being and to the glory of God. The right amount, the right balance of,diet, the right way of taking it,--these are points in which it is most human to err. Some, like chil-dren, may be inclined to slight the simple, solid substantials, and to show themselves too fond of sweets, desserts, and such better-tasting things. Possibly there are some who could at the same time reduce the community butcher-bill and improve their health. Some, though they lead a very 35 Sedentary lifd, may eat as if they had to dig ditches or. pitch. hay all day. .It i~ often said now that many Americans, even thosewho eat as much as and 'whatever they like, are star.ring themselves for the want of certain necessary ele-ments in their,diet: vitamines; for instance. Perhaps some ~.religious could drink less coffee, and thus improvetheir nerves, their t.emp~rs, their sleep, and their work. ~ The problems.of overweight and underweight, and all .their consequence.s, which may be 3r.ery serious indeed,hatur- :ally.suggest~ themselves in this context. Perhaps one ~eli-gi0us needs tO drink more milk, though he ~tislikes it~ and .another ought to'take.less of it, though he Iovesit. Pos-sibly one religious should mortify his pride and ask for permission to have an extra lunch~ between meals; "and an: other would do w~ll to obtain leave.to Omit the midday l_uneh. Iridi.vidual applic.ations of this point are~ infinite: If one realizes that he should dos0mething, gut not ~know what, it .would be easy to question the community phys, ician and find out. Thereare many religious who CgUld pr.actice this particular form of hygienic mortification, arid while making themselves more healthy and robust and fit for work and for a lon.ger life, also add very great!~; ~o the glory of God and the glory of His Elect in the hereafter. If one were to accuse, many male religious of smoking too much and thug really injuring themselves, one wduld only be repeating what they themselves accuse themselves of. Their oportunityiS obvious~ and the mortification involved would b~ great; but So ~ouldothe returris, at least in supernatural merit. T, he possibilities for mortification and for edific~ation, in connection with alc6h61 need only to ¯ be suggested. No,doubt there are many religious, who, if they be well-informed and sincere, would have to admit that some ~hangeinz~their lives ~ith respect to exercise Would, even from the spiritual pointof view, be an excellent thihg for them. If they need more physical exercise and can get it in some pleasant way, relaxing the nerves and mind as well as stirring the muscles, somuch the bett~r. " But get itthey ought, if they are fully to accomplish the tasks assigned to them by Providence. If nothing else .be possible; some form of calisthenics or setting-up exercise~ might be" tried fo~ a. prescribed number of minutes every day. If anybody think that there is no great mortification in faithfully per~ severing° in such a routine day after day and' month after m0nth,~let him try it . Many religious women would probably: be spared many troubles of mind and conscience, would performtheir exeicises of.piety with more energy and devotion, and would be more ready°in their obedience~ and work, as well, as morse healthy, if they h'ad a little walk every day' in the fresh air. Younger sisters, who until rather recently were college girls taking part in college athletics, might play a short game of tennis, or something of the kind. It would make for sound nerves and clear heads, and these in turn could obviate many. temptations and worries. It is:.true indeed that St. Paul wrote to Timothy: "For whereas bodily training oi~.,profitable for little, pietyis profitable for'all,things, .pos-sessing promise of life both here and hereafter" (I Tim-othy' 4:8). I take this to mean th~it bodily.training is of .little value in comparison with piety; but in as much as it is subordinated to.the purposes of wirtue and is a requisite condition for more vigorous piety, or piety in a longer life, its .wo.rthmay bereallY~very~great. ' " -" The ancient ascetics by way of reaction, it seems, to abuses connected with.the old public baths, mortified them-selves by not bathing. Could it be true that some.modern ascetics might practice mortification and virtue .by-making more use of it? ~ Care of the eyes deserves special mention. Apparently there are many who could deny themselves at times by taking the trouble to get better light when they are reading. Work, since it takes most of .the time and energy of religious, is a very fertile field for mortification. Some over-w' 6rk themselves for a time, and then for. a longer time they ¯ cannot do the normal amount, and perhaps~ ~hey evens:need the work of others to attend to them. Their ~problem is to avoid excess here, asin the practice of virtue generally. would Seem to be a good rule that there should.~nev~er:~.be overwork or overstrain except in emergencies. In the long run it is very poor economy and ef[iciency. They especially should cultivate self-abnegation'm avoiding overfatigue wh6 do not let superiors know that too much has been assigned to them; or who deceive themselves into believing that they. are heroically sacrificing themselves for noble motives when in 'reality there is an admixture of piide or human respect or merely human desire of success in thei:r 37 motivation. Sisters who in difficult days are attempting the double tasks of teaching and of getting their own edu-: cation at the Same time need more than others to guard themselves, even as the dreaded examinations approach, against overstudy and excessive exhaustion. Overfatigue -begets irritability, diminishes intelligence and liberty, and unbalances the nerves. Then the way is open to evils of all sorts, physical, mental, and moral. "So that ye may not grow weary and lose heart" (Hebrews 12:3). Humbly to be satisfied with a modest accomplishment when that is all that is possible without injuring oneself, or diminishing one's achievement in the end, is a very salutary form of mortification. There are others whose fault is too little exertion. Some of these, could benefit themselves physically, and perhaps mentally, as well as spiritually, by increasing their efforts until they reach the mean between excess and defect. Occu-pational therapy is an important kind of treatment for certain cases. After work, recreation and rest. For people who lead a life as strenuous and tense and uniform as the religious life is, recreation is of great importance. If they do not unbend at times, they will break. But are there not some religious who do not take even that minimum amount of recreation which is enjoined for them by their rules or their superiors? Here, in a peculiarway, to mortification charity could also be added. It is understood of course that what is supposed to be recreation or relaxation, really is recreation. Prob-ably no one will deny that there are at least a few religious who could advance in self-abnegation, and in prayer (especially the next morning), and in .virtue generally, by beginning their night's sleep betimes. Thus far certain points which may be the subject of ~mortification that is good for the body as well as for the soul. Only those in normal health, or at least in health that is nearly normal, have been considered. If one be sick already, evidently one has a greater need for hygienic mortification, and a greater opportunity to bear what is unpleasant and to forbear what is pleasant. Those who as yet are well, but, through some neglect or other, are slowly but surely undermining their health, could more easily and readily mend their ways if they could imagine to some slight extent what pain and torture, whaf 38 disappointment, what bitter sense of frustration, they are bringing upon thems~elves. Mortification is hard; other-wise it would not be mortification. But it is still worse to be sickand incapacitated, particularly if that be owing to some negligence or fault. An initial, though negative, advantage of hygienic mortification is that nobody can object to it on the score that it might injure his health. By definition, it makes for better health. Then, it possesses the-advantages and values of other forms of mortification, and besides, it is more thor-oughly positive and constructive than some of them. It is real and genuine mortification, involving, as it does, the suppression of much that is pleasant and the enduring of much that is unpleasant. :If anyone should think other-wise, he can try the experiment. Religious have a special need of keeping fit physically. There is the importance, in time and eternity, of their work, and this depends in great measure, on health and strength. An intense interior life--and this is always the ideal of religious--makes greater demands upon physical resources than the intellectual life, which in turn is hard enough upon the physique. The cultivation of mental prayer, of supreme importance in the spiritual life, demands that one's physical resources be at their best. Community o,bservances require health in the members of the com-munity, and if a sickly person drags himself along somehow to follow them, he is likely to become still worse and more incapable of continued community life. The great foundress, St. Theresa of Avila, who knew well the problems of religious women, and particularly the difficulties of mental prayer, wrote: "It is this resolution [to be always thinking of Him and loving Him] that He [God] seeks in us; the o~her anxieties which we inflkt upon ourselves serve to no other end but to disquiet the soul-- which, if it be unable to derive any profit, in one hour [of prayer], will-by ttiem be disabled for four. This comes most frequently from bodily indisposition--I have had very ~reat experience in the matter, and I l~now it is true; for I have carefully observed it and discussed it afterwards with spiritual persons--for we are so wretched, that this poor prisoner of a soul shares in the miseries of the body. The.change.s of season, and the-alterations of the humors,,. very often compel it, without fault of its own, not to do what if would,, but rather to suffer in every way. Mean-while, the more we force the soul on these occasions, the greater the mischief, and the longer it lasts. Some discre-tion must be used, in order to ascertain whether ill-health be the occasion or not. The poor soul must not be stifled. Let those who suffer thus, understa'nd that they are i11: a change should be made in the hour of prayer, and often-times that change should be continued for some days. Let souls pass out of this desert as they can, for it is very often the misery of one that loves God to see itself living in such wretchedness, unable to do what it would, because it has to keepso evil a guest as the body" (5). Other things being equal, alacrity of spiritand intensity of good will in exercises of piety, in keeping religi0us disci-pline, and in doing the work of the order or congregation, are to be expected rather from those who are physically fit ai~d strong than .from those who ,are unfit. The supernatural values of sickness and suffering~are very great, but it is understood and presupposed that the illness should not be due to indiscretion or negligence. ¯ Hygienic mortification~ will. contribute to poverty, because it is cheal~er to be well than to be paying for medi-cines, hospitalizations, and operations, and because healthx,, religious do more work. It will help chastity, by precluding certain temptations due to abnormal physical conditions, and by promoting, that soundness and stability of the ner-vous system which are so necessary for self-control. It will promote obedience, by removing obstacles both to readiness of will ai~d to actual performance, and by conferring greater positive strength and effciency. It will enhance charity and perfectibn it~self, by forestalling irritability and other impediments, and by enabling one to accomplish better and greater things for God and for souls. The present incumbent of the See of Peter and his immediate predecessor seem to offer an illustration in point. If Msgr. Ratti ha~d not been a very energetic Alpine climber, it is not likely that as Pius XI, and as a septuagenarian and an octogenarian, he could have achieved so much for the good of the Church. If I mistake not, the ascetical Car.- dinal Pacelli,while Secretary of State at the Vatican, used gymnastic apparatus installed in a room near his office. (5) St. Theresa, Life, translated b.y D. Lewis: chapter-XI. 40 There is one group of re.ligious for whom hygienic, mor~ tification, as thus far suggested, is not at all recommended. They are the hypochondriacs, to be found, here and there throughout the whole body of religiousl that is, those who are already excessively or even morbidly, solicitous about their health and all that appertains to it. For them it would be poison. However, they still need hygienic mortification: only it is of the psychic form. This they may need very rfiuch ideed. To quote St. Theresa again: "Take care, then, of the body, for the love of God, because at many other times the body must serve tl~e s0ul;.and let recourse be had to some recreations~holy ones such as conversation; or going out intothe fields . . . Altogether, experience is a great matter, and it makes us understand what is convenient for us. Let God be served in all things--His yoke is sweet; and it is of great importance that the soul should not be dragged, as they say, but carried gently, that it may make greater pro-gress" (6.). In conc!usion, a religious practicing physical hygienic mortification, as here proposed, will not by any means put care of his health above things that are of greater value, but rather, with the purest and noblest motives, make the most of the physical constitution that God has given him, and thus be better prepared and disposed to accomplish the very utmost for the glory of the Triune God, for the devel-opment of his own supernatural life, and for the sanctifica-tion of his brethren. He would simply and fully be helping to carry out the grand objective of the Incarnation: "I am come that they may have life, and may have it more abun-dantly" ¯ (2ohn 10: 10). (6) Ibidem. l:::xernpl:ions J:rom Fasting Gerald Kelly, S.J. THE PENITENTIAL season of Lent always brings with it the personal question: what should I do about fasting? Very likely the practical solution to thi~ problem in most religious communities is a regulation to consult one's confessor' and abide by his decision. This is certainly a wholesome custom; and it is notthe purpose of this article to criticize it in any way. Nevertheless, it seems profitable for the religious themselves to know something of the mind of the Church regarding exemptions from fast-ing. This .knowledge should be particularly helpful to superiors, since there may be times when they must pass judgment on their subjects' obligation to fast. Other re-ligious also can profit by the knowledge, for it sometimes happens that they cannot consult their confessor, at least for several days, and, even when they can consult, they can do so more intelligently and follow advice more reasonably if they are familiar with the principles governing their cases. This article, therefore, is intended to answer only one question, which may be phrased as follows: In what cir-cumstances is one exempt from the general law of fasting? The only point to be considered is the obligation to keep the general fasts of the Church. There is no question here of the obligations of rule concerning fasting as these exist in various religious communities. Nor is there question of the ascetical aspect of fasting. We can take for granted that fasting is. a splendid act of penance and mortification, as is evidenced by the entire Catholic tradition in the matter; take for granted also that the keeping of the common fasts of the Church in union with the other members of the Church is highly pleasing to God and of great profit to souls. These are interesting questions, but beside the point of the present article, the whole purpose of which is to determine who, according to the mind of the Church, may omit fasting without violating her law. The first expression of the Church's mind is found in the ecclesiastical law itself. Canon 1254, which contains the fasting law, exempts al! who have not completed their twenty-first year and all who have begun their sixtieth year. 42 Canon.1245 makes provision for other exemptions by granting the power of dispensing to local Ordinaries~ pas-tors, and superiors of exempt clerical orders. Custom, the unwritten law of the Church, exempts all who are engaged in hard and protracted manual labor. The foregoing are the only reasons for exemption con-tained explicitly in the law of the Church. They do not, however, exhaust the reasons which the Church acknowl-edges as valid excuses from the obligation of fasting. By far the greater number of excuses can be found in the teaching of the moral theologians. To put the matter briefly, these theologians, applying a principle approved by the Church as a legitimate method of interpreting the law, teach that fasting is not obligatory when it involves extraordinary difficulty. The word, extraordinarg, has a technical meaning which is perhaps best explained by contrasting it with what might be termed ordinarg difficulty. Evidently, the fasting law is intended to impose on the faithful some inconven-ience, that is, the inconvenience of self-denial. An incon-venience of this kind is termed ordinarg, and it would not excuse anyone from the observance of the fast. On the other hand, in a general law of this nature, the Church does not wish to impose exceptional hardship on anyone; much less does she wish to do harm or to hinder greater good. Such difficulties as these would be termed extraordinaru~, with respect to this law; that is, they are outside the scope of the law, and they excuse the faithful from the obligation of observing it. Applying this principle of extraordinary inconvenience, moralists teach that the sick and convalescent are excused from the obligation of fasting. Also exempt are those who, though perhaps not technically "sick," are of frail consti-tution; also extremely nervous people. Such persons nor-mally need nourishment frequently; fasting would prove harmful to them. It sometimes happens that even those in rather normal health cannot fast without severe headaches or dizzy, spells; also that the fast will render it impossible for them to get ¯ their needed rest at night. Some people are unable to get the one substantial meal allowed to those who fast; some are physically unable to eat or digest such a meal. Finally,. there are many who find that fasting interferes with their 43 necessary work; they lose valuable time and are quite inef-ficient. All cases like these are included under the exemp-tion by reason of extraordinary inconvenience. One might ask this very practical question: How am I to know if fasting would be exceptionally difficult for me or be harmful to me or my work? Perhaps the simplest way of answering this question is to tell such people to experiment a bit. This is the simplest but not always the most prudent method. Unless the experimentation is car-ried on very cautiously, it can work harm, and it can do this so quietly that the harmful effects are not perceived until it is too late. To avoid such injurious effects, one may legiti-mately follow certain recognized presumptions in deciding one's obligations to fast. The presumption of excuse favors those who are engaged in hard mental labor, for example, teachers and students. Regarding teachers, one may notice an interesting development~ in the opinions of theologians. The older theologians were quite ready to excuse a. professor of the higher branches, even though he had to lecture only one hour a day. They presupposed, of course, that he had to spend the day in preparation and that he did not merely read lectures which bad long since been cast into permanent mold. But these theologians were not always so benevo-lently inclined toward teachers of the lower grades (the equivalent of our high schools and grammar schools), even though these had to spend several hours a day in the. class-room. Father Ballerini, an eminent moral theologian of the last century, citing the especially severe opinion of one older school, remarked very tartly: "we should note that these great doctors were always engaged in teaching the higher branches; they had no experience in this humbler art." Also in the case of students there has been a progres-sive development towards leniency. Today, it is quite safe to say that the presumption of excuse favors those who spend several hours a day in teaching the lower grades, as well as diligent students who spend most of the day either in attending lectures or in preparing their lessons. When I say "the presumption of excuse favors" those mentioned in this paragraph, I mean that these persons may consider that they are not obliged to fast, unless they have very solid grounds for assurance that they can fast without, harm to 44 themselves, or their work. Those able to fast while carrying on these works are the.exception, rather than the rule. . The same presumption favors those who must spend long hours in the confessional or who are engaged in strenu-ous preaching.It may also be used in favor of those who are engaged in fatiguing works of mercy, such as caring for the sick. It should be noted that. in a!l these.cases, it is not only the strain of ~the work which favors exemption, but also the fact that the works themselves are of, great impor-tance. There should .be no danger that fasting will inter-fete with their proper performance. The foregoing examples of extraordinary ir~con~cen~ ience were chosen because they are of particular interest or practical value to the readers of this magazine. In cases such as these, the Church law does not bind. Furthermore, merely from the point of view of general legislation, there is no strict obligation Of consulting anyone, if one can form a prudent judgment of his~own case. A community regula-tion of consulting the confessor or spiritual director should; of course, be followed; and in general it is considered wise for everyone to consult about the matter. Often enough, it is diflScult to form a prudent, and especially a quieting; judgment of one's own case. Mention has already been made of those who have the power of granting a dispensation from fasting; local Ordi~ naries, pastors, and superiors of clerical exempt orders. These generally delegate the power to other priests, espe-cially at a time like-Lent: and the Holy. See. occasionally delegates other priests by special indults. None of these, even the Bishop, can give a dispensation without some rea-son; but the reason need not b~ so serious as would be required for exemption by reason of extraordinary~incon-venience. A dispensation is perhaps the best of all means for setting one's mind at rest regarding the obligation 0~ fasting. Even those religious superiors who have no power to dispense can pass judgment on their subjects' ability to keep the fast, and if they judge that a reason such as those described as extraordinary inconveniences is present, they may tell the subject not to fast. For passing such a judg-ment, no special jurisdiction is necessary. Certainly supe-riors are in a position to make a prudent judgment, for they 45 should know both the capacity of their subjects and the strain or importance Of their work. From what has been written here, it will appear that a fairly large number of religious engaged in the active life are not strictly obliged to keep the general fasts of the -Church. They have the same right as others to take advan-tage of exemptions. Someone might object, of course, that religious have an added obligation to give good example. The objection does not appear to have much weight in the :present instance. Religious should, by all means, give example to the world of a spirit of self-denial and mortifi. cation, but it is not necessary that this example extend to ,the letter of the law concerning fasting. In fact, without attempting in any way to minimize the general importance of the fasting law, one might advance several obvious reasons why religious have less need of this particular austerity than have others. ' Their life is a well-regulated, well-disciplined one, and those who lead it faithfully are being constantly schooled in self-denial. Furthermore, the very regularity of their life makes them feel more keenly the change brought about by fasting and renders them more apt to be upset by it. Finally, their work itself is of great spiritual importance.i As for bad example, the sharp or sarcastic word spoken by the confessor, teacher, or nurse is much more harmful than the so-called "scandal" of religious who do not fast. Perhaps these few remarks Will prove helpful to reli-gious, particularly to those who are inclined to worry about the fasting obligation or to lament the fact that they are judged unable to fast. They should take consolation in the thought that they can practise an even more meritorious self-denial by observance of their rule, by fidelity to duty, and especially by a constant and delicate charity. The inability to fast does not deprive them of the opportunity of glorifying God or of helping souls. 46 Saint: Rober Bellarmine's . Sign of the Cross Clement DeMuth, S. J. CATHOLICS with a greater than average knowledge of their religion are ~sometimes at a loss when they are called upon to render an. account of some simple reli-gious truth. They discover in themselves, not so much a lack of technical knowledge that lends itself to explanation only in learned phrase_s, but rather a failure to appreciate thd mental capacity of the child or other unlettered person to be instructed. To adapt one's knowledge of even the simpler God-give~i truths to the understanding of such a person is an art that must be cultivated, and developed, and integrated with one's deepening knowledge of human nature itself. The great catechists in the course of the Church's history practiced this art in signal fashion. One of the greatest of these, if indeed not the very greatest, was St. Robert Bellar-mine, Cardinal, Theologian, and Doctor of the Universal Church. In 1597 Pope Clement VIII requested St. Robert to publish his catecheticai method which was proving so successful With the unlettered people of Rome. The saint prepared two catechisms, the first of which was a compen-dium of Christian Doctrine in form suitable for learning by rote. The second, with Which we are here partkularly con-cerned, was a kind of teacher's manual and was entitled An explanation of Christian Doctrine u;ritten in the form of a Dialogue, for the use of those who teach it to children and to other simple people. The success of the little, two-fold work, written in Italian, was immediate and, What is more significant, enduring to an extraordinary degree. In the words of St. Robert's biographer, Father Brodrick, "wi~h the exception of the Bible and the Imitation of Christ, it would be difficult to name any other book which went round the world so rapidly and became familiar to so many different races." A series of Roman Pontiffs com-mended, prescribed, and in general promoted the little work down through the years from the time of Clement VIII. until our own century. With its richness of content, the saint's early chapter on that most obvious---and not always fully appreciated~ ~prayer, the Sign of the Cross, is representative. Its atten-tive perusal brings the conviction that "children and other simple people" are not the only ones who may profit by the saintly, Doctor's explanation of a simple prayer. The style of composition is informally conversational, with the pupil thoughtfully asking questions which would naturally occur to one listening attentively to the explanation of a rather difficult truth. It may be noted that the teacher makes, continual use of examples and illustrations, never permitting himself to forget that the pupil is little used to abstractions. Here is a translation of the chapter on THE SIGN OF THE CROSS PUPIL: Please give me a brief account of the more important mysteries contained in the Creed. TEACHER: There are two principal mysteries of our faith, and both are included in that sign which we call the Sign of the Cross. The first is the unity and trinity of God. Thesecond is the Incarnation and Death of the Savior PUPIL: What is meant by the unity and trinity of God? TEACHER: These are very deep truths and the explana-tion of them is a very slow process. For the time being, however, it will be enough to learn just the names, :and a very little bit more. The unity of God means that besides all created things there is one thing that had no beginning. It has always been and it will always be. It has made all ¯ other things, and it supports them and governs them. It is the highest, noblest, most beautiful, most powerful, the absolute master of every thing; and this being is called God. There is just one God. There can be only one true Divin-ity, that is, one nature, one essence infinitely powerful, wise, good, and so forth. Nevertheless, this Divinity is found in three persons that are called the Father, the Son, and the Holy Spirit. These three persons are just one God ¯ because they have the same Divinity, the same essence. As for example, if three persons here on earth, named Peter, Paul, and John, had the same body and the same soul, they would remain three persons; because one would be Peter, and another Paul, and another John. Nevertheless, there would be just one man, not three men, there not being three bodies and thr~e souls, but just one body and one soul. 48 Such a state of affairs is not possible among men, because the being of man is little ~and finite, .so it cannot be in many persons. But the being of God, the Divinity of~ God,. is infinite. The same being, the same Divinity is found in the Father, in the Son, and in the Holy Spirit. There are then three persons because one i~ the Father~ the second.is the Son, an.d the third is the Holy Spirit, and there remains nevertheless just one God, because these persons have the same being, the same power, wisdom, goodness, and so forth. PUPIL: Now tell me what is meant by the Incarnation and.Death of the .Savior'. TEACHER: The second divine person, whom we called the Son, besides his divine being, which he had before the 'world was created, indeed from all eternity, this second person took for himself a human body and a human soul, that is, our whole human nature, in the womb of a most pure virgin. Thus he who-was at first just God now began to bd both God and man. After living among men for thirty-three years, during which time he taught the wa~ of salvatioh and worked m~an~r miracles, at last he let him-self be crucified, and on the Cross he died tO make satisfac-tion to God for the sins of the whole world. After thfee days he rose from death to life, and after forty days he a~cended into hea~ce.n, as we say in the article of the Creed.~ That is what we mean by the Incarnation ~ind Death of the Savior. '~PUPIL~ Why are these the principal mysteries of fdith? " " ~FEACHER: Because in the fi~st ~is contained the first principle and last end of man; in the second we have ttie unique and most efficacious means of knowing that first piinciple and of arriving at that last end. And beck/use by our belief in arid confession of th4se two mysteries we~ are distinguished from all th4 false sects, from Turks, ~dews; and heretics. And finally, because without b41ieving and confessing these two mysteries, no one can be saved. PupIi~:. How are these two mysteries included in the Sign of the Cross? TEACHER: ;The Sign of the Cross is made saying: In the name of the Father, and of the Son, and of the Holy 49 Spirit; at the same time signing oneself in the form of a cross, putting the right hand to the foreh_.ead when one says: In the name of the Father, and then to the breast when one says: and of the Son; finally to the left and right shoulders when one says: and of the Holy Spirit. The words, in the ' Name, show the unity of God, because we say name and not names; and by name is meant the power, and the divine authority, which is one in all three persons. The words, of the Father, and of the Son, and of the Holy Spirit, show the trinity of persons, Signing oneself in the form of a cross represents the Passion, and consequently the Incarnation, of the Son of God. Moving the hand from the left to the right, and not from the right to the left, means that by the Passion of our Lord we are transferred from temporal to eternal things, from sin to grace, and from death to life. ~ (NOTE: It may be well to observe that St. Robert, in illustrating certain spiritual realities by the movement of the hand from left to right, can be said to be exercising his ingenuity. He'would no doubt find another interpretation if his catechism were for oriental Catholics, who make the Sign of the Cross moving the hand from right to left!) PUPIL: What is. the effect of making the Sign of the Cross? TEACHER: First, it shows that we are Christians, that is, soldiers of our High Commander, Christ: because this sign is like a flag, or uniform, which distinguishes the sol-diers of Christ from all the enemies of Holy Church; from . gentiles, Jews, Turks, and heretics. Further, this sign is made to invoke the divine assistance in all our works. With ¯ it we summon the aid of the most Holy Trinity, through the Passion of the savior. Accordingly good Christians are .accustomed to make the Sign of the Cross when they rise from bed, when they leave the house, when they sit at table to eat, when they are about to go to bed, and at the beginning of every action that ~hey have to perform. Finally, this sign is made to arm oneself against eirery as-sault of~the devil, because the devil is terrified by it, and flees from it, as do criminals when they encounter the sign of th~i~ police. Very often by means 6f this sign of the holy - Cross man has escaped many evils, both spiritual and tem-p6ral; when he makes it with faith and confidence in the divine meicy and in the merits of Christ, our Lord. 50 Li!:urgy in !:he ¯ P !:t:ern of Modern Praying Gerald Ellard, S.J. WHEN the history o~ our times is written, chroniclers will dwell on the fact that they are characterized by three great, world-embracing prayer-movements. They will speak of the widespread initiation of large groups of the laity of both sexes into systematic asceticism,, be it that of the Spiritual Exercises, or other forms, collectively centering in what is known as the retreat movement~. Again, they will point how this age, .the world,over, has shown a sudden deep concern' practical as well as theoreti-cal, in that communion with God, that apperception of God, known as Catholic mysticism. Lastly historians will take pains to record that twentienth century Catholicism is endeavoring once more to integrate the layman and lay-woman into the offices of public worship. Doubtless, too, the portrait-painters of our age will pause a bit to discourse on the mysterious power possessed by this Church twenty. centuries young to renew its life and reform its institutions by drawing upon fresh streams of vita!it~ welling strong within her. ".So it has been in each great crisis," we can well imagine one of them concluding-; "when the forces of the Church seems spent, then it is she finds new power surging up within her: in the twentieth century the Church refreshed herself and the world by refashioning the pattern of her praying." This article concerns itself in elementary fashion with indicating what is to be expected from the restoration to the people, in the pews, after many long ages, of their organic contact with the ministry in the sanctuary in the joint performance of divine service. The better to visualize the goal o[ this reform in Cath-olic corporate worship, suppose we ask ourselves why such a thing as the. current liturgical movement was simply inevitable, and must have come sooner or later, if the Church were not content to see one. of her chief organs wither to full atrophy. The present-day reform of Cath-olic worship seeks to redress the multiple losses that laymen. and laywomen have suffered in the course of time in their parr in our common worship, seeks to lower the wall of separation, which quite literally in many medieval churches to be seen to this day, and figuratively in them all, shuts the laity out from active sharing in what went on within the holy place where the priestly mediator stood at the altar. It was characteristic of Christian worship from the very outset that it was planned precisely to allow the fullest understanding on thd part of all, the fullest sharing in their respective roles .by ministry and people in their joint asso- Ciation with Christ, theirPriest, their Liturgist. Pagan altars were accessible to the pagan priests alone; the ,Jewish Temple admitted' lay-worshippers to the outer court near to the altar. But with Christians the altar itself stood con- ~picuous and accessible to every least, last Christian, because m the new priestly race, all had some sharing, priestly or lay, in the perpetuation of Christ's priestly ministry in the covenant of 10ve. St. Paul thankedGod that he efijoyed the miraculous gift of speaking God's praises in unknown tongues: "Nevertheless," he said, "in church I had rather speak five words with my understanding, so as to instruct Others, than ten thousand words in a 'tongue' " I and my hearers do not understand" (I Corinthenians 14:: 19). Now Catholic worship in the West turned from the primitive Greek to the Latin, when that became the tongue the com-mon man understood best. It then took the liturgy of 'the Western Church a fairly long period in which to grow and develop, until at Rome under Gregory I, Pop.e from 590 to .°.6. 04, it achieved its zenith, the perfect expression of the Latin Christian's corporate worship of almighty God. How regrettable that Gregory lived in an age of indescrib-able upheaval, which rendered the realization of his ideal in worship impossible in any ecumenical manner! Particu- ¯ lar features excepted, the liturgy of the Roman Rite has never since received such a thorough-going reform and readjustment to current life as Gregory gave it then. In one way or another the layman's place in the liturgy has become more circumscribed with every century since Gregor3~ lived. To illustrate how this has been the case, suppose we imagine a sevent.h-century man or woman living on as a 'Wandering Christian" through the intervening centuries, and note how such a pilgrim would find lay-participation in worship further impoverished age by age. 52 In Gregory's day, for all greater occasions, people met at a fixed rendezvous and then marched to church .with Cross and banners, prayer and song~ At the common type of Mass, what we call high Mass, pedple and choir of clerics together madd, in the language of everydayiife, those responses to the celebrant, which, if they are not exactly the structure of the service, are nonetheless so many short, vibrant bonds with the altar. At the entrance of the clergy, in alternation with the choir, there was singing. So, too, did the people come singing to bring their gifts to the altar at the Offering (Offertory). They shared the~cle'rgy's ceremonial postures, standing, extending their arms, bowing or kneeling with the ministers, and gave each other the kiss of peace. So did they join in the psalmody, singing at leas~ the Gloria Patti, the K~rie, the Sanctus, and, when it was later introduced, the Agnus Dei. Singing too they came to the altar, the Table of Union, itself the sign, as the Fathers of Trent were to phrase it later, "of that one Body of which He is the Head, and to which He would fain have us as members united by the closest bond of faith, hope and love." The Roman of Gregory's day could in many ways feel himself "concorporate" in his' worship with every one sharing that worship with him. In the following century, had our pilgrim attended Mass in England, France, Germany, notto mention other coun-tries, he would look in vain for the procession to Mass. Save on Christmas, Easter or Pentecost there would be few communicants at Mass, and correspondingly few offerers giving visible expression of the basic concept of the worship of God by sacrifice. Then, too, he would have found him-self one of the very few laymen able to follow the stately Latin,and, as we see from conciliar enactments, not all the priests able to translate for him! But.our pilgrim would: note with a sigh the people's' eagerness in singing as far.as circumstances allowed. There at least he could still join. with them in prayer that sang. After a second century of wandering, during let us say the pontificate of Nicholas I ( 8 5 8- 8 6 7), our pilgrim would have noted with growing apprehension how elementary part-singing had already been discovered. "I sadly fear this may in course of time lead to the neglect, or even-the corruption, of unison singing, planesong,* alone possible to *Concerning this spelling, see note at the end of the article. 53 the congregation as a whole." But he would have hailed with delight the opportunity given him in the appearance of the sequences,~ to sing simple, homely rhyming lines with lustiness and joy, Could he have foreseen the future, he would have known that after their period of development, and luxuriance, there would follow such decay that with fewest exceptions the sequences were all to be expunged from the Missal. When that happened, there was taken from the layman the last impoitant element of the Mass he could still sing. And so it goes across the ages. When St. Thomas was writing in the thirteenth century his explanation of the Mass, he takes it- for~granted that "there are words which the l~riest begins and thd people take up . the Creed and the Gloria.'" In St. Thomas' day the people stil.1 answered Et cam st~iritu tuo, Amen and the like. Shall we follow our weary pilgrim into-the fourteenth century? In The Low Countries, England, France, Ger-many and elsewhere we find him complaining that the new measured music in such rising vogue everywhere was by its very difticulty robbing him of his chance to sing his prayer to God. "Soon.all singing in church will be the monopoly of the expert musicians, and to them will be restricted the fulfillment of St. Augustine's words, 'He that sings prays double.' " What was more, the new type of music, by its sensuous character, so said Pope John XXII, was under-mining his virility of soul. But Pope John XXII was one of the popes of the so-called Avignon Captivity; and for that reason people considere~l him unduly influenced by the French court. His admonitions drew little attention. ~ There was a period when the Council of, Basle was Cath-olic and well-inspired, and thither our pilgrim might have looked for reform of long-standing abuses. How he would have been cheered to note the Council's condemnation and abolition (?) of that abuse whereby "low Mass was said in such a tow .tone that it cannot be heard by those attending." That abuse seems to-have been spreading then in the northern parts of Europe: "If this is not stopped,~' our pilgrim grimly reflects,"even my few answers at low Mass will soon be made impossible." But that was at a day when the Church hadjust healed :the great scandal of the Great Western.Schism, and papal prestige stood too low to effect far-teaching reforms just then. in 15.18 Cardinal Louis of Aragon went into The Low Countries. ~Hadour pilgrim gonein his train be might .have seen the cardinal's secretary~ write in his journal about the Flemish priests:"They say .[Mass] . . . so low that no ohe hears their voices. They do not permit anyone .to make the responses, except the servers, and no one else."' That was~ noted, of course, because it was cbntrary to Roman practice come down from time beyond memory. But in 1518 Rome was suffering the baleful consequences of Italian Humanism, and suggestions a cardinal.might make on 1.ittle points like letting the'people respon~l at low Mass would fall with little weight. Then, too, when the car; dinal's secretary made that entry in his notebook, it was already soinemonthssinceMartin Luther had appended.his theses to the door of the Cathedral of Wittenburg, and thereby set in motion a chain of events that led to the calling of.the Council of Trent. "At long last the-layman'~s losses over a_period of a thousand years will surely be redressed at this greht Council," said our pilgrim as he faced the journey to Trent.Let us see how Trent prescribed for the cure of this pernicious aenemia of the layman's worship, only to have the administration of the remedy, postponed by yet further troubles. The aging Luther ,did not see fit to attend the Council, to .which he had once so solemnly appealed, and indeed he was in- his grave beforeits sessions were completed. But despite~his absence, he was the greatest chalienge to the Council, because he had become the symbol of every kind of error, the accuser of every discoverable abuse. Not a few,of those abuses were related to public worship, and as our pilgrim could have testified, were associated-with th~ fact that for centuries the layman was being deprived by force of circumstances ,of an active and intelligent part in divine service. All.this, it Was then hoped, would be remedied in this great Council. ~' Of all the Cotincils, Trent claims a position unique in many ways, one of which was that from the very outset the definition of. doctrine and the enactment of reform-decrees went forward simultaneously. From the Second Session (the decree opening the Council being the sole. business, of the First Sesson), ,lanuary 7, 1546, to the Twenty-Fifth 55 Session, December 4, 1563, the multiple questions to.ucl~ing the reform of Catholic public worship came up again and again. The Council's solicitude' was most in evidence in all that referred to holy Mass, becau.~e, as the Fathers said, "of all holy things this Sacrifice is the most holy." In resisting the Protestant demands, the Council deemed it "inadvisable that Mass should be celebrated everywhere in the vulgar tongue." Yet on all having the care of souls it laid the obligation, "lest the little ones ask for bread and there be none to break unto them, to explain frequently during the celebration of the Mass, especially on Sundays and festival days . some mystery of this most holy Sac-rifice." If Trent similarly rejected the Reformers' petition " that the entire Mass be said aloud, it did reaffirm "that some .things in the Mass be pronounced in a low tone and others m a louder tone." Masses at which the priest alone com-municated were emphatically declared to be valid Masses, yet in crystal-clear language is affirmed the desirability of having all worshippers communicate: "The holy Council wishes indeed that at each Mass the faithful who are present should communicate, not only in spiritual desire, but also by the sacramental partaking of the Eucharist, that thereby they may derive from this most holy Sacrifice a more abun-dant fruit." With regard to nuns the. Council here went .further and decreed that they must communicate .at least once a month: "Bishops and other superiors of monasteries° shall t~ike special care that the nuns., confess their sins and receive the most holy Eucharist at least once a month." The reforms of the Missal and the Breviary, begun at the .Council, were then handed over to the Holy See for com-pletion. In a hundred minor ways the Council showed its zeal that anything savoring in the least degree of unworthi-ness be kept from the public worship of the Church. The thorny problem of having only proper music in the churches was given much more serious consideration than might be judged from the brevity, of this enactment: "They [local Ordinaries] shall also banish from the churches those types of music in which, whether by the organ or in the singing, there is mixed up anything unbe-coming., so that the house of God.may be truly a house of prayer." Indeed many a bishop at the Council may have had the painful experience of the force of that saying, that .more people were sung into Protestantism than argued into 56 it. As early as 1523; in his Form for Mass and Communion, Luther had touched upon the desirability of German singing: "I would wish among us to l~ave as much as pos-sible in the vernacular what the people sing at Mass." Within a year Luther had contributed no less than twenty hymns of his own composition to his cause, and after Ein /:este Burg had made its sensational reputation, reli-gious rebels in non-German countries began to sweep peop!e into their conventicles by giving .them the chance to sing at divine service. Small wonder that the Fathers of Trent, with all this before their eyes, wished to purge away the corruption that had overlaid the ChUrch's once so popular planesong. This once restored to the people, these would be saved the sad choice of active participation in unorthodox worship, or mute and silent worship in the Church of Rome. Thus our long-suffering pilgrim, attending the ses-sions of Trent, might have envisaged a veri
Speeches Delivered In Other Languages. ; United Nations S/PV.8182 Security Council Seventy-third year 8182nd meeting Wednesday, 14 February 2018, 3 p.m. New York Provisional President: Mr. Alotaibi. . (Kuwait) Members: Bolivia (Plurinational State of). . Mr. Inchauste Jordán China. . Mr. Zhang Dianbin Côte d'Ivoire. . Mr. Tanoh-Boutchoue Equatorial Guinea. . Mr. Ndong Mba Ethiopia. . Ms. Guadey France. . Mrs. Gueguen Kazakhstan. . Mr. Umarov Netherlands. . Mrs. Gregoire Van Haaren Peru. . Mr. Meza-Cuadra Poland. . Ms. Wronecka Russian Federation. . Mr. Polyanskiy Sweden . Mr. Skoog United Kingdom of Great Britain and Northern Ireland . Mr. Clay United States of America. . Ms. Tachco Agenda The situation in Guinea-Bissau Report of the Secretary-General on developments in Guinea-Bissau and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau (S/2018/110) 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). 18-04195 (E) *1804195* S/PV.8182 The situation in Guinea-Bissau 14/02/2018 2/20 18-04195 The meeting was called to order at 3.10 p.m. Adoption of the agenda The agenda was adopted. The situation in Guinea-Bissau Report of the Secretary-General on developments in Guinea-Bissau and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau (S/2018/110) The President (spoke in Arabic): In accordance with rule 37 of the Council's provisional rules of procedure, I invite the representatives of Guinea-Bissau and Togo to participate in this meeting. In accordance with rule 39 of the Council's provisional rules of procedure, I invite the following briefers to participate in the meeting: Mr. Modibo Touré, Special Representative of the Secretary-General and Head of the United Nations Integrated Peacebuilding Office in Guinea-Bissau, and His Excellency Mr. Mauro Vieira, Permanent Representative of Brazil to the United Nations, in his capacity as Chair of the Guinea- Bissau configuration of the Peacebuilding Commission. Mr. Touré is joining the meeting via video-teleconference from Bissau. The Security Council will now begin its consideration of the item on its agenda. I wish to draw the attention of Council members to document S/2018/110, which contains the report of the Secretary-General on developments in Guinea-Bissau and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau. I now give the floor to Mr. Touré. Mr. Touré: I thank the Security Council for this opportunity to introduce the report of the Secretary- General (S/2018/110) on the situation in Guinea-Bissau and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNIOGBIS). As the report already presents a detailed outline of recent events in Guinea-Bissau, my intervention will focus on updating the Council on political developments since its issuance, while analysing present challenges and making proposals for the way forward. This briefing takes place against the backdrop of a rapidly evolving political situation in Guinea-Bissau. Over the past several weeks, a series of key events have occurred with important ramifications. At the country level, President José Mário Vaz dismissed former Prime Minister Umaro Sissoco Embaló and replaced him with Mr. Artur Da Silva. The African Party for the Independence of Guinea and Cape Verde (PAIGC) finally held its party congress despite attempts by national authorities to block it, and re-elected Domingos Simões Pereira as its leader. At the regional level, on 4 February, the Authority of Heads of State and Government of the Economic Community of West African States (ECOWAS), pursuant to its decision of 27 January, imposed targeted sanctions on 19 individuals deemed to be obstructing the implementation of the Conakry Agreement. Those individuals and their family members are subject to travel bans and assets freeze. They have also been suspended from ECOWAS activities. The ECOWAS Authority also requested the African Union (AU), the Community of Portuguese-speaking Countries, the European Union, the United Nations and other partners to support and facilitate the enforcement of the sanctions. Since the imposition of the sanctions, the reaction of national stakeholders has been mixed. Those upon whom the sanctions were imposed have described them as unsubstantiated and unjust, while those in favour of the sanctions have characterized them as a necessary measure to safeguard the country's democratic course. Meanwhile, national reactions to the appointment of Mr. Artur Da Silva as the new Prime Minister have been generally consistent. On 31 January, the PAIGC issued a statement denouncing Mr. Da Silva's appointment as not being in conformity with the Conakry Agreement. Last week, the Party for Social Renewal, the second largest party in Parliament, and the group of 15 dissident parliamentarians of the PAIGC also issued public statements stressing that they would participate only in a Government formed under a consensual Prime Minister, in strict compliance with the Conakry Agreement. Thus far, the Prime Minister's efforts to consult with political parties represented in the National Assembly on the formation of an inclusive Government have not borne fruit. Under my leadership, the group of five regional and international partners, comprised of representatives of the African Union, the Community of Portuguese-speaking Countries, ECOWAS, the European Union and the United Nations, has continued 14/02/2018 The situation in Guinea-Bissau S/PV.8182 18-04195 3/20 to harmonize efforts and messaging at opportune moments with the aim of creating a stable and enabling environment for dialogue among political leaders. So far this year, I have convened three meetings of the group. My efforts, together with those of the partners, have focused on engaging national authorities and key political stakeholders in Guinea-Bissau to defuse escalating tensions, encourage political dialogue in order to ease the political gridlock, call for the protection and respect for the human rights of Bissau-Guinean citizens, and urge all aggrieved stakeholders to pursue their grievances through legal and constitutional means. Furthermore, under my direction, UNIOGBIS continues to play a central role in supporting and facilitating the regional mediation efforts of ECOWAS by, inter alia, ensuring the participation of Bissau- Guinean stakeholders at the ECOWAS Summit in Abuja in December 2017, providing substantive and logistical support for the ECOWAS high-level delegations during their missions to Bissau and regularly sensitizing regional leaders to ongoing political developments within the country, while encouraging them to exert their influence on protagonists in order to reach compromises. The absence of a functioning and stable Government for more than three years has limited the ability of UNIOGBIS to effectively and sustainably implement some of its mandated tasks. As recommended by the strategic review mission headed by the Department of Political Affairs in 2016 and endorsed by the Council last year, I have streamlined the UNIOGBIS leadership and structure to promote better integration and complementarity with the United Nations country team and other international partners, while boosting the Mission's political capacities, which has enabled me to exercise my good offices more effectively at the national level. Those changes have also assisted the broader United Nations system in Guinea-Bissau in delivering more focused and integrated peacebuilding support to national authorities and civil society, including women and youth. In this regard, the support provided by the Peacebuilding Fund has been critical. Going forward, UNIOGBIS will need to focus its energies on supporting national leaders in their efforts to appoint an acceptable Prime Minister, establish an inclusive Government, organize and conduct timely elections, and implement the priority reforms outlined in the Conakry Agreement and the ECOWAS road map. Until the completion of the electoral cycle in 2019, Guinea-Bissau remains more than ever a country that requires a dedicated United Nations presence to prevent a further deterioration in the political and security situation at the national level and avoid any negative consequences in the subregion. In this context, my good offices, political facilitation, advocacy and mediation roles, alongside my efforts aimed at promoting respect for human rights and the rule of law and at carrying out integrated peacebuilding support, will continue to be critical. As the Secretary-General has indicated in his report, it is vital that the United Nations remain engaged in peacebuilding efforts in the country while supporting ECOWAS involvement in resolving the political crisis for at least one more year. The Secretary-General has expressed his intention to authorize an assessment of the current mission at the end of that period and to present options to the Security Council for a possible reconfiguration of United Nations presence in the country. It is my hope that the Council will give favourable consideration to this recommendation. The African Union Peace and Security Council (AUPSC), through its communiqué of 13 February, has fully endorsed the measures taken by ECOWAS on 4 February, including the application of sanctions against political obstructionists. It has also requested the African Union Commission to coordinate with the ECOWAS Commission to ensure the effective implementation of these measures. Moreover, it has requested that the Security Council endorse the AUPSC communiqué that endorsed the ECOWAS decision. At this critical juncture, it would be important for the Security Council to continue to reaffirm the centrality of the Conakry Agreement and reiterate its full support for ECOWAS in its mediation efforts and for the measures that it has taken against political stakeholders deemed to be obstructing the resolution of the political crisis. I would further seek the Council's support in underscoring the importance of urgently organizing and holding legislative elections within the constitutionally mandated timeline. Lastly, throughout the past year, the presence of the ECOWAS Mission in Guinea-Bissau (ECOMIB) has consistently acted as a stabilizing factor in the country. I would therefore call on members of the Council and international donors to support the continued presence of ECOMIB through to the holding of a presidential election in 2019, including by advocating for the renewal S/PV.8182 The situation in Guinea-Bissau 14/02/2018 4/20 18-04195 of its mandate and the provision of the financial support needed to maintain its deployment. I would like to express my gratitude to the Council for its continued interest in promoting peace and stability in Guinea-Bissau. I would also like to commend ECOWAS and its current Chair, President Faure Gnassingbé of Togo, and the ECOWAS Mediator for Guinea-Bissau, President Alpha Condé of Guinea, for their tireless mediation efforts. Finally, I would like to express appreciation to all multilateral and bilateral partners, especially to the AU, the Community of Portuguese-speaking Countries and the European Union for their commitment to promoting peace and prosperity in Guinea-Bissau. After several years of long-term investment in the stability of Guinea- Bissau, it is time to consolidate and reap the dividends of our concerted efforts. It is vital that we accompany this process to its completion. The President (spoke in Arabic): I thank Mr. Touré for his briefing. I now give the floor to Mr. Vieira. Mr. Vieira (Brazil): I would like to thank you, Mr. President, for the invitation to address the Security Council in my capacity as Chair of the Guinea-Bissau configuration of the Peacebuilding Commission (PBC). Since my last briefing to the Security Council, on 24 August last year (see S/PV.8031), there have been several important developments in the country. The situation in Guinea-Bissau is rapidly evolving, and the PBC is following it closely. At the most recent Summit of the Economic Community of West African States (ECOWAS), held in Abuja on 16 December, the Heads of State and Government gave a 30-day deadline for political actors of Guinea-Bissau to implement the Conakry Agreement. The situation was discussed again by the Assembly of Heads of State and Government of the African Union, held in Addis Ababa on 27 January, in the context of its thirtieth ordinary session. After 15 months as Head of Government, Prime Minister Umaro Sissoco Embaló tendered his resignation to President José Mário Vaz, who accepted it on 16 January. On 31 January, Artur Da Silva took office as the new Prime Minister. The Minister of Foreign Affairs of Togo, Robert Dussey, led two ECOWAS missions to Bissau this year. On 1 February, the ECOWAS mission issued a final communiqué stating that the nomination of a Prime Minister by consensus, as determined by the Conakry Agreement, had not taken place and that the ECOWAS Commission would start applying sanctions against those who create obstacles to a political solution. On 4 February, ECOWAS issued a decision listing 19 names that will be subject to sanctions, consisting of the exclusion from the activities of the community, a travel ban, and the freezing of assets of the sanctioned persons and their families. The Guinea-Bissau configuration is actively engaged in following the situation in Guinea-Bissau and in providing support for the country through different initiatives. I am also in permanent contact with the Brazilian Ambassador in Bissau, who maintains excellent relations with national authorities, political actors and United Nations representatives. I would remind Council members that Brazil was one of the first countries to recognize Guinea-Bissau in 1974. In that same year we opened an embassy in Bissau. In 2017, I organized a working breakfast with the members of the PBC and four ambassador-level meetings of the Guinea-Bissau configuration. We issued three press statements last year on the situation in the country. I also briefed the Security Council on two occasions, on 14 February (see S/PV. 7883) and on 24 August. Between 25 and 28 July 2017, I conducted my first visit to Bissau in my capacity as Chair of the Guinea-Bissau configuration. I met many political actors, including President José Mário Vaz, then-Prime Minister Sissoco, a number of ministers, members of all parties in the Parliament, and representatives of the United Nations. On my return, I stopped in Lisbon, where I met with the Executive Secretary of the Community of Portuguese-speaking Countries, Ms. Maria do Carmo Silveira. On 15 December 2017, the Peacebuilding Fund (PBF) approved six new projects for Guinea-Bissau, totalling $7 million, to be implemented between January 2018 and June 2019. These projects are designed to help stabilize the country by providing support to the media and the justice sector, as well as support for national reconciliation efforts and the participation of young people and women in peacebuilding and in politics. The Guinea-Bissau configuration of the PBC discussed and 14/02/2018 The situation in Guinea-Bissau S/PV.8182 18-04195 5/20 supported these projects in a meeting held in November last year. The PBC will continue to support Guinea-Bissau not only through the PBF, but also through consultations with different partners, including the World Bank and other international financial institutions. In this context, I am planning a visit to Washington in the coming weeks in order to talk to representatives of the World Bank about possibilities for cooperation with Guinea-Bissau. On Monday, 12 February, I convened a meeting of the Guinea-Bissau configuration of the PBC to discuss the most recent developments in the country. On that occasion, we heard a briefing from the Under- Secretary-General for Political Affairs and Head of the Department of Political Affairs, Mr. Jeffrey Feltman. I would like to thank Under-Secretary-General Feltman for his presence there. It was a positive sign of engagement and trust in the role of the PBC. It also showed his commitment to contributing to a solution to the current impasse in Guinea-Bissau. During that meeting, the participants had the opportunity to discuss the recent developments in the country, including the decision of ECOWAS to impose sanctions. They underlined the need for dialogue and mentioned the role of the region, including the importance of the implementation of the Conakry Agreement. Member States also commended the work of the PBF in Guinea-Bissau. Many participants stressed the relevance of respecting the constitutional framework in organizing elections. Member States welcomed the non-involvement of the armed forces in the political crisis. Many delegations mentioned the positive presence of the ECOWAS Mission in Guinea- Bissau (ECOMIB). Delegations also supported the renewal of the mandate of the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNIOGBIS), which is expected to happen by the end of this month, and underlined the importance of the good offices of the Special Representative of the Secretary-General, Mr. Modibo Touré. Finally, I also would like to inform the Council that it is my intention to visit Guinea-Bissau in the coming months to consult with a broad range of stakeholders on how the PBC can support peacebuilding efforts in the country and help the political actors find a solution to the current impasse. The exact date of the visit will depend on developments on the ground and will be scheduled in consultation with local authorities. I would like to recall that Brazil is currently the Chair of the Community of Portuguese-speaking Countries (CPLP). As was done when I previously briefed the Council, the CPLP has endorsed my remarks. I would like to conclude my statement by reaffirming that the PBC will continue to make every effort to support Guinea-Bissau and I would like to outline the following recommendations in that regard. I reiterate the support of the configuration for the Bissau six-point road map and the Conakry Agreement as the framework for the resolution of the crisis. I call upon the authorities of Guinea-Bissau and key political actors to show leadership and determination by engaging in actions that would lead to the implementation of those agreements. I take note of the efforts of the region to resolve the political impasse in the country. I stress the importance of holding free and fair elections, in accordance with the Constitution of Guinea- Bissau, and call upon the international community to support that process. I underline the importance of renewing the mandate of UNIOGBIS for another year, as recommended by the Secretary-General. I also recognize the effective, preventive and deterrent role of ECOMIB. Finally, I would like to commend the Special Representative of the Secretary-General, Mr. Modibo Touré, for his efforts to help ensure an enabling political environment in the country. The President (spoke in Arabic): I thank Ambassador Vieira for his briefing. I now give the floor to those Council members who wish to make statements. Mr. Tanoh-Boutchoue (Côte d'Ivoire) (spoke in French): I would like to begin my statement by thanking the Special Representative of the Secretary- General, Mr. Modibo Touré, for his insightful briefing on the situation in Guinea-Bissau and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau. I will focus my statement on two main points: the implementation of the Conakry Agreement by the Guinea-Bissau signatories and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau. S/PV.8182 The situation in Guinea-Bissau 14/02/2018 6/20 18-04195 Guinea-Bissau is going through a new phase in the serious and deep political and institutional crisis of recent years. My country and West Africa are concerned about this situation, which is characterized by a political impasse and requires the Council to act with greater firmness alongside the Economic Community of West African States (ECOWAS) and the African Union to bring the political actors of Guinea-Bissau to honour their commitments. Indeed, despite the signing on 14 October 2016 of the Conakry Agreement, which was supposed to favour the appointment of a consensus Prime Minister and the establishment of an inclusive Government, the country is again without a Government and confronted by a blockage of Parliament and a deep lack of trust between the President of the Republic and his party, the African Party for the Independence of Guinea and Cape Verde. The stalemate heightens raises concerns not only of a detrimental delay in the electoral calendar, which calls for the holding of legislative elections in May 2018 and presidential elections in 2019, but also of the exacerbation of political tensions and the growth of the criminal economy linked to drug trafficking. My country welcomes the ongoing efforts of ECOWAS to definitively resolve the crisis in Guinea-Bissau, in strict compliance with the communal arrangements and constitutional framework of the country. The current deadlock in Guinea-Bissau is the culmination of a prolonged deterioration of the political situation and the manifest lack of will on the part of the political actors to commit themselves to a consensual settlement of the crisis, despite the appeals and efforts of ECOWAS. Côte d'Ivoire calls on the parties to implement the Conakry Agreement in good faith and without delay. My delegation once again commends ECOWAS for its leadership and the ongoing commitment of its leaders, the Chairperson of the ECOWAS Authority, President Faure Gnassingbé of Togo, and the ECOWAS Mediator for Guinea-Bissau, President Alpha Condé of Guinea, in the quest for a solution to the political impasse in Guinea-Bissau. Côte d'Ivoire also commends the ECOWAS Mission in Guinea-Bissau for its invaluable contribution to stability in the country. ECOWAS, after a lengthy process of futile warnings, decided to adopt individual sanctions against 19 persons considered to be hostile to the process of ending the crisis in Guinea-Bissau. The sanctions are a strong signal of the resolve of ECOWAS to bring the country out of a crisis that has persisted too long. Those measures — which specifically involve the suspension of the participation in the activities of ECOWAS of all persons concerned, a travel ban on travel, the denial of visas to them and their families, and the freezing of their financial assets — must be applied with utmost rigour. The sanctions, I recall, are based on the Supplementary Act of 17 February 2012, which imposes sanctions on Member States that fail to honour their obligations vis-à-vis ECOWAS, and article 45 of the Protocol on Democracy and Good Governance. My country congratulates ECOWAS on taking those courageous measures, which will serve as a wake-up call to the Guinea-Bissau political class, and looks forward to their effective endorsement by the African Union. Côte d'Ivoire invites the Council to fully support ECOWAS in the interests of peace and national cohesion in Guinea-Bissau. To that end, my country calls on the Security Council to adopt by consensus the draft resolution on the renewal of the mandate of the United Nations Integrated Peacebuilding Office in Guinea-Bissau, which also requires the endorsement of those sanctions. Furthermore, my delegation urges the Community of Portuguese-speaking Countries (CPLP), the European Union and the United Nations to also support the efforts of ECOWAS to effectively implement measures that seek to ensure that the Conakry Agreement be upheld. Institutional and political stability, peace and security in Guinea-Bissau depend primarily on the people of Guinea-Bissau themselves. To achieve that, we call on them to take ownership of the Conakry Agreement. Without the involvement of the parties themselves, the prospects for finding a solution to the crisis and for restoring lasting peace to Guinea-Bissau will remain illusory. With regard to the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau, my delegation welcomes the various initiatives to support the political dialogue and the national reconciliation process. Furthermore, we encourage ongoing consultations in order to make progress on security sector reform and to meet the needs of the peacebuilding mechanism under way in Guinea-Bissau. My delegation thanks the Special Representative of the Secretary-General for Guinea-Bissau for his efforts in mediation, promoting the rule of law and building the capacity of the Guinea-Bissau institutions. Côte d'Ivoire encourages its international partners, in 14/02/2018 The situation in Guinea-Bissau S/PV.8182 18-04195 7/20 particular the United Nations, the African Union, the European Union, the CPLP and ECOWAS, to cooperate more closely with regard to their work on the ground to ensure greater effectiveness. My country also welcomes the strong involvement of Guinea-Bissau women in the political process, and in particular their role in facilitating dialogue between the parties. With regard to the renewal of the mandate of the United Nations Integrated Peacebuilding Office in Guinea-Bissau, I would like to inform the members of the Council that Côte d'Ivoire will soon submit a draft resolution for adoption on that issue. At the same time, if it is acceptable to all members of the Council, a draft press statement will also be submitted for adoption. My country reiterates its appeal to all stakeholders in the crisis in Guinea-Bissau to participate fully in the efforts of the international community, in particular of ECOWAS, to promote the comprehensive implementation of the Conakry Agreement, which guarantees a way out of the political impasse that the country has long suffered. I would like to finish by thanking Ambassador Mauro Vieira of Brazil, Chair of the Guinea-Bissau configuration of the Peacebuilding Commission, for all the information that he has kindly provided to the Council. Ms. Tachco (United States of America): I wish to thank Mr. Touré, Special Representative of the Secretary-General, for his briefing and Ambassador Vieira not only for his briefing but also for his leadership of the Guinea-Bissau configuration of the Peacebuilding Commission. Recently, the Security Council has witnessed significant success in West Africa in places that have experienced years or even decades of violence and tragedy. Such success includes the first democratic transfer of power in Liberia in more than 70 years and the continued consolidation of democracy in The Gambia, as well as strong economic growth in countries across the region. However, there remain many serious and profound challenges, such as the terrorist threat posed by Boko Haram and the Islamic State in West Africa, elections and reform challenges facing countries with upcoming democratic transition, and humanitarian crises and displacement, all of which merit the continued attention of the Security Council. Given the urgency and magnitude of such problems, the United States believes that a self-inflicted 30-month political impasse, such as that in Guinea-Bissau, is unacceptable. For too long we have gathered to hear updates on fits and starts of political progress that eventually fade to obstruction and obfuscation from the country's leadership. The United States is profoundly disappointed by the decision of President Vaz to ignore the Conakry Agreement by failing to appoint a consensus Prime Minister and to create an inclusive Government. President Vaz must take urgent steps towards a unity Government that will pave the way for peaceful legislative elections in May. The people of Guinea-Bissau are understandably frustrated at the failure of their Government to make progress on the implementation of the Agreement. They deserve better. Time is running out. We have witnessed rising tension. Political gatherings in Bissau have provoked clashes as the people of Guinea- Bissau publicly express their frustration at the skeletal political process. Those clashes led to a crackdown by the Guinea-Bissau leadership. The Government must respect the people's right to peaceful expression and protect that right. On 4 February, the Economic Community of West African States took the ambitious step of sanctioning 19 spoilers of the Conakry Agreement, including their family members. The United States applauds such efforts to hold those in power accountable and to compel them towards finally doing what is right for the people of Guinea-Bissau. We also applaud the renewal of the mandate of the ECOWAS Mission in Guinea- Bissau and encourage the Guinea-Bissau military to continue its political non-interference, while playing its constitutional role. For years, the international community and the United Nations have put resources into Guinea-Bissau to do important things for the benefit of its people. However, with a Government at an impasse, important issues such as security sector reform and combating transnational organized crime, narcotics and human trafficking cannot be adequately addressed. That is unacceptable. As Ambassador Haley noted in the peacekeeping context, the United Nations cannot operate effectively in environments with uncooperative Governments. That also applies to political missions such as the United Nations Integrated Peacebuilding Office in Guinea- S/PV.8182 The situation in Guinea-Bissau 14/02/2018 8/20 18-04195 Bissau (UNIOGBIS). For UNIOGBIS to continue on that path would not be the continuation of a partnership with a willing Government but would simply enable its obstruction. Elections must take place on time and will require support. However, first, the Government must first end the impasse to convince its partners that international support will build on established political progress and a willingness to overcome differences to enable the Government to function again. In conclusion, we once again draw attention to the ordinary people of Guinea-Bissau who, for the better part of their lives, have not known the stability of sustainable democratic governance. The Security Council must keep them in mind as we take steps to put pressure on leaders to abandon their self-serving wilfulness and to take action to better the lives of their people. They should know that our patience has now run out. Ms. Guadey (Ethiopia): I wish to thank Mr. Modibo Touré, Special Representative of the Secretary- General, for his briefing on the latest developments in Guinea-Bissau and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNIOGBIS). I would also like to express appreciation to Ambassador Mauro Vieira in his capacity as Chair of the Guinea-Bissau configuration of the Peacebuilding Commission (PBC) for his remarks. The continued political stand-off and institutional paralysis in Guinea-Bissau remain a source of serious concern. The consequent socioeconomic difficulties over the past two years have impacted the people of Guinea-Bissau and will eventually undermine the peace and stability of the country. We appreciate the important role of the PBC and welcome the approval of useful projects to be financed under the Immediate Response Facility of the Peacebuilding Fund to the amount of $7.3 million. Such projects will certainly contribute to easing the socioeconomic difficulties of women and young people, as well as to promoting stability. The centrality of the Conakry Agreement to sustaining peace, security and development in Guinea- Bissau cannot be overemphasized. We reiterate our call for all stakeholders in Guinea-Bissau to respect and to comply with the Agreement in addressing their differences and the challenges facing their country. We urge them to create conditions for the holding of legislative and presidential elections in 2018 and 2019, respectively. All parties should also refrain from actions or statements that could escalate tensions and incite violence. It is indeed vital that the security and armed forces of Guinea-Bissau continue to uphold the country's Constitution and desist from interfering in the political and institutional crisis. Those who continue to obstruct the implementation of the agreement must be given clear signals that their actions will not be tolerated. In that regard, we commend the role of the Economic Community of West African States (ECOWAS) and the high-level delegation it dispatched to Guinea-Bissau two weeks ago. We support its decision on restoring democratic governance and ensuring respect for the rule of law in Guinea Bissau, as endorsed by the African Union (AU) Peace and Security Council communiqué issued today. The Council should reinforce the decision by ECOWAS and the African Union and convey a clear and united message to all the parties in this regard. We believe the concerted efforts by ECOWAS, the African Union, the United Nations and other relevant partners continues to be indispensable to finding a durable solution to the political crisis in Guinea-Bissau. We express our support to UNIOGBIS for its continued provision of necessary support to Guinea- Bissau, with the objective of resolving the current political impasse and creating an environment for of dialogue among all of the country's actors. Accordingly, we fully agree with the recommendation of the Secretary General that the current UNIOGBIS mandate be extended for another year, until 28 February 2019. Finally, we echo the appeal of the AU Peace and Security Council for financial support towards the continuation of the mandate of the ECOWAS Mission in Guinea-Bissau — whose mandate has been extended to 31 March — until the necessary training of the national security forces of Guinea-Bissau is completed. I wish to conclude by supporting the draft press statement proposed by Côte d'Ivoire, and express our readiness to work closely on the draft resolution that will renew the UNIOGBIS mandate. Mrs. Gueguen (France) (spoke in French): I thank Mr. Modibo Touré, Special Representative of the Secretary-General and Head of the United Nations Integrated Peacebuilding Office in Guinea-Bissau, for his clear and precise briefing, which reminds us of just how critical this point is for Guinea-Bissau. I also thank Ambassador Mauro Vieira for his efforts as Chair of the Guinea-Bissau configuration of the Peacebuilding 14/02/2018 The situation in Guinea-Bissau S/PV.8182 18-04195 9/20 Commission and for his insistent appeal for support to regional initiatives and for respect for the electoral cycle in Guinea-Bissau. France is concerned about the non-implementation of the Conakry Agreement since October 2016. The Agreement, which provides for the appointment of a consensus Prime Minister, has remained a dead letter, even though it provides a plan to resolve the conflict. This political impasse has consequences on the ground. There have been several clashes between the police and opposition political parties. Respect for human rights is also not assured in Guinea-Bissau. The latest developments on the ground show that the authorities of Guinea-Bissau no longer hesitate to limit the freedom of assembly and the right to protest. The establishment of a robust compliance framework with regard to respect for public freedoms is an essential precondition to the resolution of the crisis in Guinea-Bissau. We therefore call upon the international community to be particularly vigilant in that regard. Due to the risk of a deterioration in the political and security situation, it is high time for all parties to honour their commitments to reach national consensus, all the more so because the window of opportunity is narrowing, as legislative elections are slated for this spring. In that regard, it is particularly important to ensure that the legislative and presidential time table is adhered to. I would like to emphasize three essential points with regard to the renewal at the end of the month of the madate of the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNIOGBIS). First, we must increase our support for regional initiatives. In that regard, France welcomes the ongoing efforts of the Economic Community of West African States (ECOWAS), especially the work of the ECOWAS Mission in Guinea-Bissau and the recent adoption of the sanctions list of people obstructing the implementation of the Conakry Agreement. That is an important step forward and a clear sign to the relevant local actors. We are convinced that the solution to the conflict will require consultation among local actors and the international community. In that connection, the group of five international partners based in Guinea-Bissau, which comprises the African Union, the European Union, the United Nations, ECOWAS and the Community of Portuguese-speaking Countries, provides a special coordination platform that ought to be supported. Secondly, it is crucial for the Security Council to fully assume its role in resolving the current political impasse in Guinea-Bissau. The Council should increase pressure on local actors, particularly President Vaz, and should direct the parties in Guinea-Bissau to shoulder their responsibilities. Sanctions were adopted in 2012 through resolution 2048 (2012), and additional measures could be taken in conjunction with those taken by ECOWAS. Thirdly, it is essential to renew the mandate of UNIOGBIS, which ends 28 February, and thereby signal the commitment of the United Nations to continuing to participate in the process of resolving the conflict. We should also contemplate restructuring UNIOGBIS following an assessment of the impact of its activities on the ground. It is time for the parties in Guinea-Bissau to move from words to action. Their commitments must now give way to concrete action. Mr. Meza-Cuadra (Peru) (spoke in Spanish): My delegation welcomes the holding of this meeting and thanks Mr. Modibo Touré, Special Representative of the Secretary-General and Head of the United Nations Integrated Peacebuilding Office in Guinea- Bissau, for his briefing. We also thank Ambassador Mauro Vieira for his commitment and leadership as Chair of the Guinea-Bissau configuration of the Peacebuilding Commission. Peru is monitoring with concern the situation in Guinea-Bissau. Despite efforts by the international community and regional organizations to reach a solution to the political crisis, little progress has been made in the implementation of the Conakry Agreement, concluded in October 2016. We would like to make three main points. First, Peru deems the successful holding of 2018 and 2019 elections to be crucial to achieving sustainable peace. In that regard, we are concerned about the nomination of a Prime Minister who does not enjoy consensus among all parties, as called for in the Conakry Agreement. That undermines the credibility of the Government. Additionally, four of the members of the National Electoral Commission, including its President, could not be nominated for the National Assembly, which has not convened since S/PV.8182 The situation in Guinea-Bissau 14/02/2018 10/20 18-04195 January 2016. Such conditions complicate the holding of legislative elections slated for May. That is why we believe it is necessary and urgent for all parties to resume inclusive dialogue with a view to implementing the commitments undertaken. We welcome the efforts of the Economic Community of West African States, which include imposing sanctions on those who obstruct the implementation of the Conakry Agreement, in line with regional rules and regulations. We believe that it is important to increase the participation of women and youth in the necessary dialogue and subsequent elections. That is why we highlight the efforts of the Women's Facilitation Group, which seeks to increase the participation of women in the country's political processes. Secondly, we are concerned that, despite the current relative stability, a stalled political process could lead to renewed violence and rampant crime, especially considering that the country is vulnerable to threats such as terrorism, organized crime and human trafficking. In that connection, we highlight the launching of the Network of National Human Rights Defenders. As the Secretary-General noted in his report (S/2018/110), reform is needed in this area, including strengthening the armed forces and the professionalization of the police. Similarly, we call for full respect for the fundamental right to freedom of expression in Guinea-Bissau. Thirdly, with regard to socioeconomic development, we would like to highlight the fact that, although the World Bank has reported economic growth of 5 per cent over the past year, it should be borne in mind that such growth is primarily attributed to the country's main exports being sold at a higher price on the international market. Nonetheless, a country whose poverty rate is approximately 70 per cent is socially and economically vulnerable. That is why we believe that peacekeeping and peacebuilding require greater investment in social development, and in particular in Peacebuilding Fund projects aimed at empowering women and young people, promoting national reconciliation and strengthening the judiciary. We underscore the importance of ensuring the predictability and stability of the Fund's financing. We also believe that it is important that the activities promoted by the Peacebuilding Fund be coordinated with the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNIOGBIS) and the United Nations country team. In conclusion, we support the renewal of the UNIOGBIS mandate for an additional year, in line with the recommendation of the Secretary-General. We thank the Economic Community of West African States, the African Union, the Community of Portuguese-speaking Countries, the European Union and other international actors committed to assisting Guinea-Bissau for their valuable efforts. Mr. Ndong Mba (Equatorial Guinea) (spoke in Spanish): At the outset, on behalf of the Republic of Equatorial Guinea, let me thank the Special Representative of the Secretary-General for Guinea- Bissau and Head of Mission for the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNOGBIS), Mr. Modibo Touré, and his team for the detailed and important briefing on the situation in Guinea-Bissau. We also thank Mr. Mauro Vieira, Permanent Representative of Brazil to the United Nations, in his capacity as Chair of the Guinea-Bissau configuration of the Peacebuilding Commission, for his briefing, in which he underscored the configuration's commitment to the various initiatives in Guinea-Bissau. The Republic of Equatorial Guinea has followed very closely and with great interest the developments in the political and institutional crisis in Guinea-Bissau. It has paid even closer attention since the country joined the Community of Portuguese-speaking Countries (CPLP) in 2014, and now that Equatorial Guinea chairs the Committee established pursuant to resolution 2048 (2012), concerning Guinea-Bissau. In my capacity as Chair of the 2048 Committee, I would like to voice our concern about the deadlock in the peace process in Guinea-Bissau, which is hindering the country's national reform programme, thereby threatening to undermine progress in the country since constitutional order was restored in 2014. Equatorial Guinea lauds the commitment and considerable effort made, as well as the human and financial resources made available by international multilateral partners, in particular the Guinea- Bissau group of five, comprising the African Union, the Economic Community of West African States (ECOWAS), the CPLP, the European Union and the United Nations. Undoubtedly, the synergy among international actors with regard to the issue in Guinea-Bissau attests to the desire and willingness of the international community to find a peaceful and 14/02/2018 The situation in Guinea-Bissau S/PV.8182 18-04195 11/20 consensus-based solution in the interests of Guinea- Bissau. The Conakry Agreement must continue to be the fundamental reference for national political actors. The Agreement not only outlines the appointment of a Prime Minister who is trusted by the President of the Republic, but whose appointment is the result of consensus among all national stakeholders. The Republic of Equatorial Guinea has taken note of the rejection of the appointment of Mr. Augusto Antonio Artur Da Silva by ECOWAS and the main political actors in Guinea-Bissau, in particular of the two main political parties — the Partido Africano da Independência da Guiné e Cabo Verde and the Partido para a Renovação Social. Given the lack of consensus surrounding the appointment of the Prime Minister, the Republic of Equatorial Guinea calls upon all political actors in the Republic of Guinea-Bissau, including the President of the Republic, as well as the leaders of the two main political parties, to work together to form an inclusive Government that would create the right conditions ahead of upcoming legislative elections to be held later this year, and presidential elections in 2019. The Republic of Equatorial Guinea supports the electoral calendar as outlined in the country's Constitution. That is why the Republic of Equatorial Guinea believes that an international support mechanism for the electoral process should be put in place for the purpose of updating the electoral rolls and assisting the Independent National Electoral Commission to effectively shoulder its responsibility, and with all other preparations that would allow for the holding of transparent, democratic elections whose results would put a definitive end to the political maze the country has had to navigate over the past few years. The extension of the mandate of UNIOGBIS is a key element in resolving the crisis. As announced, ECOWAS has decided to extend the mandate of the ECOWAS Mission in Guinea-Bissau until 31 March. The actions of the United Nations must be part of that undertaking. The Security Council's vote, scheduled for 27 February, must allow the Mission to be extended for a year or more, until presidential elections are held in 2019. The Republic of Equatorial Guinea believes that international partners should continue to focus primarily on mediation, good offices, dialogue and direct negotiations as the only viable paths to breaking the current political and institutional deadlock. The most recent report of the Secretary-General on the situation in Guinea-Bissau and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau (S/2018/110) concludes that the population's latent frustration with an uncertain political environment could foster instability and crime. Equatorial Guinea reiterates its gratitude to the defence and security forces that have chosen to adopt a neutral, republican position. Therefore, we urge all political actors in Guinea-Bissau to put the interests of the country and its people, love of State and their responsibility above all other considerations so as to create the right conditions for the holding of free, fair and transparent elections. Stability in the country must not be disassociated from economic recovery. In that regard, we welcome the support of the Guinea-Bissau configuration of the Peacebuilding Commission, through the Peacebuilding Fund, in financing various multisectoral projects. The Republic of Equatorial Guinea will take part in good offices and negotiations. Equatorial Guinea, as a member of the CPLP and Chair of the Committee established pursuant to resolution 2048 (2012), concerning Guinea- Bissau, will support and take initiatives that it believes are necessary to assist in efforts under way to find a solution to the situation in the brotherly country of Guinea-Bissau. Mr. Skoog (Sweden): I would like to begin by thanking the Special Representative of the Secretary- General, Mr. Modibo Touré, for his briefing. I commend him and his team for the valuable work being undertaken in support of the people of Guinea-Bissau. Let me also extend my thanks to the Permanent Representative of Brazil, Ambassador Mauro Vieira, in his capacity as Chair of the Guinea-Bissau configuration of the Peacebuilding Commission. As Ambassador Vieira mentioned his country's long-standing relations with Guinea-Bissau, I thought that I would take this opportunity to point out that Sweden recognized Guinea-Bissau in 1974, and we began supporting General Assembly resolution 2911 (XXVII), concerning its self-rule, in 1968. In the 1970s and 1980s, Guinea-Bissau was one of our largest development partner countries. There is therefore a deep and historic friendship between Sweden and the people of Guinea-Bissau, and it is in that spirit of friendship that we are engaging in support for Guinea- Bissau in meeting its current complex challenges. S/PV.8182 The situation in Guinea-Bissau 14/02/2018 12/20 18-04195 Moreover, we welcome the opportunity to draw upon the strategic advice of the Peacebuilding Commission and its longer-term perspective, which are essential for sustaining peace in Guinea-Bissau. The activities financed by the Peacebuilding Fund to that end are also important. An integrated approach from the United Nations family in Guinea-Bissau can contribute positively to overcoming peacebuilding challenges. Accordingly, we welcome the efforts outlined in the report of the Secretary-General (S/2018/110). We are concerned by the ongoing and increasingly protracted political crisis in Guinea-Bissau. A lack of progress in resolving the stalemate undermines peacebuilding efforts and is holding the country's social and economic development hostage. Resolving the crisis is therefore a prerequisite for the consolidation of peace in the country. The six-point Bissau road map and the Conakry Agreement remain the only legitimate way forward, and must be implemented. The appointment of a consensus Prime Minister, as stipulated in the Agreement, is essential. National leaders must live up to their commitments and meet their responsibilities. We strongly commend the efforts of the Economic Community of West African States (ECOWAS) to mediate among the parties to find a solution to the political crisis. ECOWAS is playing an essential role on behalf of the region, and we welcome its continued efforts to reach a consensual implementation of the road map and Conakry Agreement. We welcome the ECOWAS decision to impose sanctions on those impeding the Agreement's implementation. It is important that the international community fully support regional efforts in a concerted and coherent manner. In that regard, we welcome the statement issued yesterday by the African Union in support of ECOWAS, including regarding sanctions. Long-term peace and security in Guinea-Bissau will be achieved only when the root causes of the conflict are addressed. Constitutional reform, reconciliation and political dialogue, strengthening the rule of law through strong and inclusive institutions, and ensuring equal access to economic opportunities are all critical in that regard. It is also essential that all parts of society have their voices heard. In particular, ensuring the full and effective participation of women is crucial. We agree with the Secretary-General that the promotion of, and respect for, human rights is fundamental to sustaining peace and ensuring long-term stability and development in Guinea-Bissau. We echo the Secretary- General's call on national authorities to respect human rights and fundamental freedoms and to refrain from any further acts that undermine the rule of law. Let me also take a moment to welcome the military's neutrality and its posture of non-interference in the political process. Concerning the role of the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNIOGBIS), it has a crucial role to play in coordinating international efforts to support Guinea-Bissau, not least of which is supporting preparations for the holding of elections. There is a need to immediately refocus the Office's resources where they can be used most effectively, particularly with regard to resolving the political deadlock and supporting the electoral process so that it moves forward. We strongly support the Office's work to strengthen women's participation as active peacemakers in resolving the political crisis, including by encouraging women's mediation efforts. We welcome in particular that the integration of gender-sensitive perspectives into the work of UNIOGBIS and the United Nations country team has been accorded the highest priority by the United Nations in Guinea- Bissau. We look forward to hearing more about how that process is being taken forward. During the Peacebuilding Commission's meeting on Guinea-Bissau on Monday this week, all key actors, including Guinea-Bissau, expressed the view that the Secretary-General's recommendation for a one-year extension of the UNIOGBIS mandate should be authorized. A one-year extension would allow for longer-term planning and more effective support for the implementation of the Conakry Agreement and the holding of elections. The political crisis in Guinea-Bissau has gone on for far too long. It is now time to move forward with the full implementation of the Conakry Agreement and preparations for the holding of inclusive elections. The international community, together with the region, must stand ready to support the country on its path towards long-term peace and development. Mr. Clay (United Kingdom): I thank Special Representative of the Secretary-General Touré and Ambassador Vieira for their informative briefings. The situation in Guinea-Bissau is concerning. It is not the first country in the world to experience a political impasse, but it is a country that continues to emerge from the serious instability and violence 14/02/2018 The situation in Guinea-Bissau S/PV.8182 18-04195 13/20 of its recent past. The political impasse has prevented progress on reforms that are critical to addressing key conflict risks in Guinea-Bissau. The situation is only likely to become more volatile as we move towards elections. We have already seen violent confrontations between demonstrators and police, and witnessed worrying efforts to curb political freedoms. Economic growth is at risk, and a serious deterioration in stability would be deeply damaging for development and human rights. The illicit economy and transnational organized crime risk becoming further entrenched, with global implications. More broadly, instability in Guinea- Bissau would affect the wider region, which over the past year has been, for the most part, the site of positive political progress. The United Kingdom welcomes the leadership shown by the West African region, particularly through the Economic Community of West African States (ECOWAS). It has shown persistence and patience. This is a crisis that began in 2015. It brokered the Conakry Agreement 15 months ago. It has agreed to countless communiqués and published innumerable statements. It has sent numerous high-level delegations to Guinea- Bissau, including three over the past six months alone. But those most responsible for Guinea-Bissau's crisis have responded with stubborn refusal to give ground and find compromise. Therefore, it is understandable that the region's patience has worn thin. ECOWAS has now been driven to impose sanctions against individuals deemed responsible for impeding the implementation of the Conakry Agreement. The African Union Peace and Security Council has endorsed that move. The United Kingdom supports the ECOWAS decision, and we urge the Security Council and the entire international community to remain united in support of ECOWAS efforts. We also believe that it is important to recognize the bold efforts of civil society in Guinea-Bissau to resolve the crisis. In particular, the mediation efforts launched by the Women's Facilitation Group were an encouraging initiative, and we welcome the support given to them by the United Nations. As set out in resolution 2343 (2017), political support for efforts towards the implementation of the Conakry Agreement should be a priority for the United Nations Integrated Peacebuilding Office in Guinea- Bissau. The key next step remains the appointment of a consensus Prime Minister so that preparations can proceed for legislative elections in 2018, as per the country's Constitution. As we open discussions on its renewal, the United Kingdom will focus on ensuring that the Mission's mandate responds to today's political reality on the ground, that it is realistic and that it is focused on the highest priority needs. Guinea-Bissau's people watched the country emerge from a period of instability but then found their hopes for democracy obstructed by a political knot that their own leaders tied. Support from the region and the international community to prevent the country from backsliding further will not succeed until those who tied the knot untangle it. We hope that good sense, compromise and the commitment to Guinea-Bissau's future will prevail. Ms. Wronecka (Poland): First of all, I thank Special Representative of the Secretary-General Modibo Touré and Ambassador Mauro Vieira, Permanent Representative of Brazil to the United Nations, in his capacity as Chair of the Guinea-Bissau configuration of the Peacebuilding Commission, for their useful briefings. Poland is following with growing concern the current situation in Guinea-Bissau. We support the efforts of the international community aimed at peacefully resolving the political crisis in the country. We therefore call on all political and civil society actors, regardless of their personal differences and ambitions, to engage in dialogue in a spirit of compromise. In that context, we take note that the army is not interfering in the political process. The implementation of the 2016 road map and the Conakry Agreement is crucial to maintaining peace and stability in the country. We appeal to the Guinea- Bissau authorities to complete their implementation and carry out the parliamentary elections scheduled for May in a peaceful atmosphere that guarantees political pluralism and impartiality. We think that women and young people should be included in all decision-making structures related to security sector reform, the national reconciliation process and institution-building. In this regard, we urge the Guinea-Bissau authorities to ensure the protection of human rights and fundamental freedoms, including the freedom of speech and information. Poland commends the important role of the Peacebuilding Commission in Guinea-Bissau in promoting good governance, political dialogue and national reconciliation. We also welcome the significant S/PV.8182 The situation in Guinea-Bissau 14/02/2018 14/20 18-04195 financial support of the Peacebuilding Fund (PBF) under the PBF Immediate Response Facility. Since the PBF began its activities, Poland has provided financial support to the Fund. Poland also supports the efforts of the Economic Community of West African States Mission in Guinea- Bissau (ECOMIB) as it is an important factor in reaching consensus solutions and cooperation. The decision of the ECOWAS Heads of State and Government, published on 4 February, imposing sanctions on those responsible for non-implementation of the Conakry Agreement is a step towards holding responsible those who are impeding a peaceful, consensus solution to the crisis. Due to the fragile security situation in the country, the presence of ECOMIB is most important. In this regard, we welcome the decision to extend ECOMIB's mandate until the end of March. Its role is essential, especially in view of the upcoming legislative elections. The mandate of the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNIOGBIS) expires at the end of this month. The United Nations should remain engaged in efforts towards peace in the country and support ECOWAS efforts to resolve the political crisis. In conclusion, Poland encourages all the parties in Guinea-Bissau to engage in dialogue. We also express our full support for the Special Representative of the Secretary-General, Mr. Modibo Touré. We look forward to the upcoming UNIOGBIS mandate renewal. Mr. Umarov (Kazakhstan): We commend Special Representative of the Secretary-General Modibo Touré and Ambassador Mauro Vieira for their comprehensive briefings on the situation in Guinea-Bissau, and extend our full support for their commitment to facilitating a political solution to the crisis. Kazakhstan is deeply concerned by the protracted political stalemate in the country. We join others in calling on all stakeholders to engage in an inclusive political dialogue and immediately implement the Conakry Agreement and the Economic Community of West African States (ECOWAS) road map to end the deadlock and restore institutional viability. It is therefore necessary to avoid differing interpretations of the Agreement. We commend the mediation efforts of ECOWAS, under the leadership of Presidents Faure Gnassingbé of Togo and Alpha Condé of Guinea, as well as by the other members of the group of international partner organizations on Guinea-Bissau. We have taken note of the decision of ECOWAS to impose targeted sanctions on those obstructing the implementation of the Conakry Agreement. We express hope that this decision will contribute to finding a solution to the crisis and strengthen democratic institutions and capacity-building for State organs. We welcome the extension until April of the mandate of ECOWAS Mission in Guinea-Bissau (ECOMIB), which plays a crucial role in ensuring stability in Guinea-Bissau, and urge international partners to continue supporting ECOMIB. The importance of peacebuilding, good offices and coordination efforts of the United Nations Integrated Peacebuilding Office in Guinea-Bissau cannot be underestimated. We therefore support the Secretary-General's recommendation to renew the mission's mandate for one more year. We also agree with his proposal to assess the mission, should the political impasse continue. We note the importance of holding legislative and presidential elections according to the constitutional time frame, and call on international partners to provide the necessary technical, logistical and financial support for the electoral process. The current political crisis may further fuel transnational organized crime, drug trafficking and terrorist activities. Therefore, increased national engagement and international support are critical to enhancing and extending reforms in the security, judicial and law enforcement sectors. In addition, the most effective measures must be sought to ensure the country's stability and resilience by increasing support for the education and health sectors, as well as the existing development plans, including Terra Ranka and the United Nations peacebuilding plan. In conclusion, we welcome the active engagement of the Women's Facilitation Group, and impress upon the national authorities the importance of ensuring the participation of women and young people in the political process at every stage and at all levels. Mrs. Gregoire Van Haaren (Netherlands): I would like first of all to thank the Special Representative of the Secretary-General, Mr. Modibo Touré, and the Permanent Representative of Brazil, Mr. Mauro Vieira, who spoke in his capacity as Chair of the Guinea- Bissau country configuration of the Peacebuilding Commission (PBC), for their briefings. 14/02/2018 The situation in Guinea-Bissau S/PV.8182 18-04195 15/20 For years now, Guinea-Bissau has been marked by a protracted political crisis. In a region characterized by increasing attention to and respect for the rule of law, human rights and democracy, Guinea-Bissau continues to be out of step, as indicated once again in the latest report of the Secretary-General (S/2018/110). In the light of this, the Kingdom of the Netherlands wishes to underscore the following three points with regard to the situation in Guinea-Bissau. First, the Conakry Agreement of 2016 and the six-point road map should remain the basis for a political solution in Guinea-Bissau, and its provisions should honoured. Secondly, the diplomatic and political efforts of the region through the Economic Community of West African States (ECOWAS) deserve the steadfast support of the United Nations, and particularly the Security Council. Thirdly, the role of the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNIOGBIS) in the country at this critical juncture, with elections around the corner, is as important as ever. It is therefore imperative that its mandate be extended. First, with respect to the Conakry Agreement, almost a year and half has passed since the Agreement was concluded. The Kingdom of the Netherlands reiterates the centrality of the Agreement in peacefully resolving the current crisis, and urges the parties to abide by its contents. It is clear that an important roadblock with regard to its implementation is the appointment of a consensus Prime Minister. The need for this appointment has become increasingly urgent. With parliamentary elections on the horizon, it is imperative that these elections be held in a timely, transparent and inclusive manner. Secondly, with regard to support for ECOWAS, while the past six months were mainly characterized by the same intransigence as in previous reporting periods, concerted action and increased pressure on the part of the region, and ECOWAS in particular, could actually lead, when given the necessary support, to tangible progress in resolving the Bissau-Guinean crisis. Yesterday's decision of the African Union Peace and Security Council to support the efforts of ECOWAS is a case in point. The Secretary-General rightly observes in his report that the continuing efforts of ECOWAS to resolve the crisis are commendable. The Kingdom of the Netherlands would like to clearly point out that it supports and endorses ECOWAS mediation efforts and its imposition of sanctions. We welcome the ECOWAS unified action and believe that the presence of the ECOWAS Mission in Guinea-Bissau is vital to the stability of Guinea-Bissau. ECOWAS has shown before that, when united, it has the ability to act as the region's power broker, for example as it did in The Gambia. Like it did then, the Council should firmly support ECOWAS in taking up this role and responsibility, as it should in the case of any other regional organization in Africa that takes the lead in maintaining peace and security in the region. My third point is that ECOWAS cannot do this alone. We commend the African Union and the Community of Portuguese-speaking Countries for their collaboration with the European Union and for the support they have brought and the constructive role they play. From the report of the Secretary General, it is evident that UNIOGBIS plays a vital role in Guinea- Bissau. With legislative elections scheduled for 2018 and presidential elections in 2019, the role of UNIOGBIS is more crucial than ever. We therefore call for a renewal of its mandate for no less than one year, in addition to allowing for longer-term planning, including setting more concrete priorities for the mission and making adaptations to meet specific needs. UNIOGBIS's convening power in Bissau remains essential, as will be its role in ensuring peaceful, free and democratic elections in Guinea-Bissau, as well as a smooth post-election process. Renewing the mandate for less than 12 months would send the wrong signal. In conclusion, sustained pressure to implement the Conakry Agreement, the maximum possible support to ECOWAS's ongoing efforts and measures and UNIOGBIS's continued support to the political process will be crucial factors in ending the deadlock in Guinea- Bissau, particularly in the light of the constitutionally mandated elections. Mr. Inchauste Jordán (Plurinational State of Bolivia) (spoke in Spanish): We appreciate the report of the Secretary-General (S/2018/110) presented by Mr. Modibo Touré, Special Representative of the Secretary-General and Head of the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNIOGBIS), and the briefing by Ambassador Mauro Vieira of Brazil in his capacity as Chair of the Guinea- Bissau configuration of the Peacebuilding Commission. There has been no significant progress or visible improvement in the situation in Guinea-Bissau, where the general instability seems almost impervious to S/PV.8182 The situation in Guinea-Bissau 14/02/2018 16/20 18-04195 change, thereby jeopardizing the full implementation of the Conakry Agreement, which is unquestionably the fundamental framework for a peaceful solution to the crisis and for achieving sustainable and lasting peace there. In our view, the negative effects are likely to exacerbate matters if the parties cannot definitively condemn sectarian interests and contribute effectively to the mediation efforts and good offices of the relevant international, regional and subregional organizations. Bolivia firmly repudiates any action that could destabilize or jeopardize the ongoing dialogue and reconciliation process that has been established with the participation of all the parties concerned. We urge that the agreements be definitively consolidated in line with the inclusive national dialogue, which would enable Government members, the political parties represented in the National Assembly and every sector of civil society to arrive at a consensus and implement the agreements constructively through a legitimate commitment to achieving a lasting political and social solution whose sole aim is benefiting the people of Guinea-Bissau, in strict respect for their sovereignty, independence and territorial integrity. We acknowledge the active participation of the African Union, the Economic Community of West African States and its Mission in Guinea- Bissau, the European Union, the Community of Portuguese-speaking Countries and UNIOGBIS, through its Special Representative, and their ongoing efforts to achieve a rapprochement between the conflicting parties. We believe that UNIOGBIS's work, focused on initiatives aimed at creating opportunities for dialogue and facilitating cooperation in the security and political sectors with the goal of forming an inclusive Government, must be reinforced. It will be crucial to increase the Office's capacity to use peaceful means to deal with the crisis if it is to have more effective and efficient results. We therefore support the recommendation in the Secretary-General's report that the mission's mandate be renewed for another year. We also commend the work being done by the Guinea-Bissau configuration of the Peacebuilding Commission, appropriately chaired by Brazil, and we emphasize the importance of strengthening its coordination, information exchange and active collaboration with the Security Council, in accordance with the relevant General Assembly and Security Council resolutions. We continue to encourage the initiative of the Women's Forum for Peace. The efforts of women in Guinea-Bissau to achieve a political solution shows that a gender perspective and female participation in mediation and dialogue at all levels are essential. In conclusion, we would like to reiterate once again that in a time of political, institutional and social crisis, ensuring the welfare of the population and especially its most vulnerable sectors should be the overriding interest guiding Guinea-Bissau on a path to permanent stability. Mr. Zhang Dianbin (China) (spoke in Chinese): China would like to thank Special Representative Touré and Ambassador Vieira, Chair of the Guinea-Bissau configuration of the Peacebuilding Commission, for their briefings. The situation in Guinea-Bissau has been generally stable in recent months, but it will still require all the parties to work together to meet each other halfway if they are to resolve the political impasse peacefully and as soon as possible. China hopes that the parties in Guinea-Bissau will consider the country's interests, intensify their dialogue and communication in order to bridge differences quickly, implement the Conakry Agreement as soon as possible, form an inclusive Government and resume nation-building efforts. Meanwhile, the international community should continue to follow the situation in Guinea-Bissau. China will continue to support the United Nations Integrated Peacebuilding Office in Guinea-Bissau in exercising its good offices and conducting mediation efforts under Mr. Touré's leadership, with the aim of coordinating international support for Guinea-Bissau, promoting political dialogue and advancing the country's economic and social development. The international community should continue to support regional and subregional organizations such as the African Union, the Economic Community of West African States and the Community of Portuguese-speaking Countries in their role as mediators, while maintaining respect for the sovereignty and territorial integrity of Guinea-Bissau and supporting the countries of the region in settling African issues through African means. Mr. Polyanskiy (Russian Federation) (spoke in Russian): We thank Mr. Modibo Touré, Special Representative of the Secretary-General, for his briefing on the evolving political situation in Guinea- Bissau. We take note of the report of the Secretary- 14/02/2018 The situation in Guinea-Bissau S/PV.8182 18-04195 17/20 General (S/2018/110) and the briefing by Mr. Mauro Vieira, Permanent Representative of Brazil and Chair of the Guinea-Bissau configuration of the Peacebuilding Commission. Russia supports the efforts of the United Nations, the African Union, the Economic Community of West African States (ECOWAS) and the Community of Portuguese-speaking Countries to normalize the situation in Guinea-Bissau, which is undergoing a prolonged political, social and economic domestic crisis. We are concerned about the lack of tangible progress in implementing the Conakry Agreement. We want to emphasize how crucial the Agreement is to mitigating the political hostility and reducing Guinea- Bissau's potential for conflict. We urge the country's executive and legislative representatives to focus on forming an inclusive Government, introducing reforms, especially in the security sector and the Constitution, and increasing their joint efforts to prepare for parliamentary and presidential elections. It will be vital to strengthen the constitutional order and the rule of law and resolve the accumulating socioeconomic issues. We are pleased that the country's political forces continue to act with regard for the law and that the military has remained neutral. We have taken note of the ECOWAS communiqué of 4 February on imposing targeted sanctions on 19 members of Guinea-Bissau's political elite. Regarding the possibility of imposing similar measures based on the provisions of Security Council resolution 2048 (2012), we would like to point out that the resolution's main aim was restoring constitutional order, which in practical terms was achieved several years ago now. The result is that the resolution's sanctions measures are very outdated. In our opinion its listing criteria have little to do with Guinea-Bissau's current political situation, and in any case would not be usable against participants in the political process who are acting within the law. We are compelled to conclude that the opinions of the Secretary-General's report on the security sector situation give the impression that things have been left unsaid. It would have been more logical to discuss how the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNIOGBIS) is implementing the provisions of its mandate with regard to building Guinea-Bissau's capacity to combat transnational crime and drug trafficking, after describing the actual state of affairs in those areas. In general, given the overall situation in Guinea- Bissau, we are willing to consider the Secretary- General's proposal to extend UNIOGBIS's mandate. However, we believe that the Special Representative should focus not only on helping the people of Guinea-Bissau emerge from their political deadlock and preparing for the parliamentary elections in May but also on effectively addressing the root causes of the problems in Guinea-Bissau, which lie in its Constitution's structural contradictions. If the work of constitutional reform is not completed by the start of the next electoral cycle, the country risks encountering the same problems with the new parliament and President. The President (spoke in Arabic): I shall now make a statement in my capacity as representative of Kuwait. At the outset, I join other Council members in thanking the Special Representative of the Secretary- General, Mr. Modibo Touré, for his valuable briefing. I would also like to express my appreciation to Ambassador Mauro Vieira for his briefing as the chief of Guinea-Bissau Configuration of the Peacebuilding Commission. We commend their efforts to support security, stability and socioeconomic development in Guinea-Bissau. We have been following the recent political developments there and regret the fact that none of the provisions of the Conakry Agreement have been implemented since signing it in October 2016. It is unacceptable that there has so far been no appointment of Prime Minister who enjoys consensus by the relevant two parties, which is critical to implementing other items of the Agreement. The situation in Guinea-Bissau differs from other cases before the Security Council in having no security aspects. Unfortunately, however, the impasse has lasted more than a year, and it is the people of Guinea-Bissau who are suffering the consequences. In that regard, we commend the steps that the Economic Community of West African States (ECOWAS) has taken to advance the political process, including measures for the imposition of sanctions on those obstructing the implementation of the Conakry Agreement, as well as the decision to extend the mandate of its Mission in Guinea-Bissau until the end of March. We want to emphasize the relevance of the role of such regional organizations in resolving regional issues. The efforts of the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNIOGBIS) S/PV.8182 The situation in Guinea-Bissau 14/02/2018 18/20 18-04195 deserve support, since it is dealing with a difficult and complicated political situation. However, we hope that it will be able to make progress during the coming period with respect to conducting legislative elections this year and presidential elections next. The legislative and presidential elections, to be held in 2018 and 2019 respectively, must take place within the specific time frame. We therefore call on the United Nations Integrated Peacebuilding Office in Guinea-Bissau, along with all stakeholders in Guinea- Bissau, such as the European Union, the African Union, ECOWAS and the Community of Portuguese-speaking Countries, to spare no efforts towards that end. We also call on the Government of Guinea-Bissau to ensure its citizens' full participation in the elections, as well as security and freedom of expression and assembly for all. The cooperation between UNIOGBIS and civil-society organizations in promoting and developing the role of women in Guinea-Bissau is very positive. We hope that UNIOGBIS will make a greater effort to guarantee the full participation of all components of the society, especially women and young people, in the next political process and will continue to promote other aspects of its mandate until the current impasse is resolved. In conclusion, we reiterate the importance of the Conakry Agreement as the basic reference for resolving this political crisis in Guinea-Bissau, and the efforts of ECOWAS and President Alpha Condé of Guinea to advance the political process in order to maintain the security and stability of Guinea-Bissau and the region. We stand ready to cooperate with Côte d'Ivoire in preparing a draft resolution for the extension of the UNIOGBIS mandate, in response to a request by the Secretary-General. We also support the issuance of a Press Statement to clarify the unified position of the Council regarding the situation in Guinea-Bissau. I now resume my functions as President of the Council. I give the floor to the representative of Guinea-Bissau. Mr. Delfim da Silva (Guinea-Bissau) (spoke in French): I thank you, Mr. President, for inviting my delegation to the Security Council table and for giving me the floor. I would like to take this opportunity to congratulate your country, Kuwait, on its assumption of the presidency of the Security Council for the month of February. We wish you success in your work. I would like to thank Mr. Modibó Touré, Special Representative of the Secretary-General for Guinea- Bissau, for his presentation today of the report of the Secretary-General (S/2018/110). I would also like to thank Ambassador Mauro Vieira of Brazil once again for his constructive statement on behalf of peacebuilding and constitutional and democratic order in Guinea-Bissau. And I would like to express our gratitude to all the Ambassadors of States members of the Security Council for their attention to my country, Guinea-Bissau. The political crisis in Guinea-Bissau did not begin with the signing of the Conakry Agreement in October 2016, but much earlier. The Conakry Agreement represents a step in the right direction for resolving the crisis by consensus. In the past 15 months, the two main parties — the African Party for the Independence of Guinea and Cape Verde (PAIGC) and the Party for Social Renewal (PRS) — have repeatedly and publicly expressed their disagreement on a crucial point of the Agreement, which is having consensus on choosing a candidate for the post of Prime Minister. If a consensus was reached, the agreed candidate would then be appointed by the President of the Republic, in line with the Constitution. The PAIGC states that there was such a consensus in Conakry. The PRS, for its part, affirms that there was not. Fifteen months later, the lack of consensus has prevented the appointment of a Prime Minister, which must be consensus-based. How can the President appoint a consensus Prime Minister without, at the very least, the prior agreement of the two largest political parties? In short, the crisis over the consensus is really what has paralysed the Conakry Agreement and is prolonging the stalemate in the 15-month political crisis in Guinea-Bissau. The question is how to overcome the crisis concerning the consensus. Some believe that the imposition of sanctions will be conducive to it. We are not sure of that. Sanctions are unlikely to defuse a crisis and can even be counterproductive. It is important to bear in mind that while it is easy to adopt sanctions, it is much more difficult to impose a consensus. In any case, continuing to seek a solution to the crisis is clearly the most important thing that we must do. We need a compromise solution, a credible name, a person whose academic, political and professional 14/02/2018 The situation in Guinea-Bissau S/PV.8182 18-04195 19/20 background can bring about such a compromise. We need someone who, without being the favourite candidate of the PAIGC or the PRS, has a background that would enable him to bring the parties together and thereby reach a compromise. The recent appointment to the post of Prime Minister of a PAIGC leader, the engineer Artur Silva, a former Minister of four Government departments — Fisheries, Defence, Education and Foreign Affairs — suggests that he is the right person to help bring about such a compromise. Moreover, after his appointment, Silva was re-elected to the higher bodies of the PAIGC, its Central Committee and Political Bureau — at the party's most recent congress, which ended a few days ago, proving that he has earned the political confidence of the party's most important bodies. Prime Minister Silva has already held working meetings in Bissau, which I would say are encouraging, with all the parties to the Conakry Agreement — the Ambassadors of Nigeria, Senegal, China, the Gambia and the representative of the Economic Community of West African States in Guinea-Bissau. Finally, through the appointment of a senior PAIGC leader, justice can be done to the party that won the last legislative elections. But above all, there will be no losers, since the PRS will be guaranteed strong representation in a Government of inclusion. This is not a zero-sum game. Under this principle of compromise, which allows a certain degree of flexibility regarding the principle of consensus, there will undoubtedly be a winner — my country, Guinea-Bissau. In conclusion, I reiterate our thanks to the members and want to assure the Council that Guinea-Bissau will continue to count on their support in these difficult times for the sake of civil peace, political stability and solidarity. The President (spoke in Arabic): I now give the floor to the representative of Togo. Mr. Kpayedo (Togo) (spoke in French): I would first like to thank you, Mr. President, for the opportunity to address the Council once again on the situation in Guinea-Bissau, in my capacity as Coordinator of the Ambassadors of the member countries of the Economic Community of West African States (ECOWAS) that are accredited to the United Nations. I also want to thank the Secretary-General of the United Nations for his report on the situation in Guinea- Bissau (S/2018/110), presented today by Mr. Modibo Touré, his Special Representative, whom we welcome here, along with his team, and whose briefing has provided us with a thorough picture of the situation in that country. Lastly, I would like to thank Mr. Mauro Vieira for his commitment and efforts in his capacity as Chair of the Guinea-Bissau configuration of the Peacebuilding Commission. Since it began, the crisis in Guinea-Bissau has continued to be a source of great concern for the Heads of State of West Africa, who are therefore sparing no effort to arrive at a favourable and lasting outcome. This issue has been on the agenda of every recent meeting of our subregional organization's Summit. In my last statement to the Council in August (see S/PV.8031), I discussed the trampling of the implementation of the Conakry Agreement, which led to the possibility of having recourse to the ECOWAS sanctions. Since then, the impasse is still there, despite the proposal for a new road map by President José Mário Vaz at the conclusion of the fifty-second Ordinary Session of Authority of Heads of State and Government of ECOWAS, held in Abuja on 16 and 17 December 2017, and reaffirmed in Addis Ababa at the ECOWAS Extraordinary Session held on 27 January, on the margins of the 30th Ordinary Session of the African Union Assembly. In that regard, the President-in-Office of ECOWAS, Mr. Faure Essozimna Gnassingbé, in consultation with his peers, dispatched a mission of the ministerial sanctions committee to Guinea-Bissau on 31 January and 1 February 2018, led by Mr. Robert Dussey, Togo's Minister for Foreign Affairs, Cooperation and African Integration. Its purpose was to assess the progress made by the parties to the crisis in implementing the Agreement and to report to the ECOWAS Heads of State on the potential consequences if the stalemate persisted. Following that report, the Heads of State and Government of ECOWAS, in view of the fact that no significant progress has been seen in the implementation of the Conakry Agreement despite ongoing mediation and calling on all of Guinea-Bissau's political leaders to show their sense of responsibility and respect for their country's Constitution through a frank and inclusive dialogue, decided to activate the sanctions mechanisms against individuals and organizations that are hindering a settlement of the crisis, with the aim of promoting the restoration of democratic governance and respect for the rule of law in Guinea-Bissau. As a result, 19 political figures have been subject to sanctions since 4 February, in accordance with our S/PV.8182 The situation in Guinea-Bissau 14/02/2018 20/20 18-04195 decision 01/2018, on individual sanctions designed to promote the restoration of democratic governance and respect for the rule of law in Guinea-Bissau. The list is not exhaustive,and the monitoring committee for the implementation of sanctions — composed of Togo, Guinea and the ECOWAS Commission — therefore reserves the right to revise it as the situation on the ground changes. Here I should point out, as the representative of Côte d'Ivoire noted earlier, that these sanctions were established through ECOWAS's Supplementary Act of 17 February 2012 concerning sanctions regimes against Member States that do not honour their obligations to the Community, and are based on article 45 of the ECOWAS Protocol on Democracy and Good Governance. They include suspended participation in Community activities, and a travel ban and financial assets freeze for those listed and their families, wherever they may be. The sanctions cannot be effectively implemented without the assistance of the United Nations and other multilateral and regional organizations. In that regard, I would like to take this opportunity to call for multifaceted support to ECOWAS in implementing these measures, which we hope will help to create an atmosphere conducive to the restoration of dialogue among the people of Guinea-Bissau, with a view to resolving this political and institutional impasse, which has lasted too long. In conclusion, I would once again like to invite all the parties to the Guinea-Bissau crisis to show a spirit of compromise, responsibility and openness to a peaceful, negotiated and lasting solution to this dispute, which hampers development efforts in the country and therefore in the entire subregion, which is still dealing with persistent security challenges. The meeting rose at 5 p.m.
Issue 18.2 of the Review for Religious, 1959. ; Review for Religious MARCH. 15, 1959 Allocution to Contemplative Nuns By Pius XII Practice of the Holy See By Joseph F. Gallen, S.J. Less Me "By Conan McCreary, O.F.M.Cap. Saint Joseph and the Interior Life By Sister Emily Joseph, C.S.J. Survey of Roman Documents Views, News, and Previews Questions and Answers Book Reviews and Notices 65 77 86 90 100 ~106 108 116 VOLUME 18 NUMBER 2 Volume 18 March 15", 1959 Number 2 OUR CONTRIBUTORS FRANK C. BRENNAN is stationed at St. Mary's College, St. Marys, Kansas. JOSEPH F. GALLEN, the editor of our Question and Answer Department, is professor of Canon Law at Woodstock College, Woodstock, Maryland. CONAN McCREARY is a student of theology at Capuchin College, 4121 Harewood Road, N. E., Wash-ingto 17, D.C. SISTER EMILY JOSEPH is stationed at the College of St. Rose, Albany, New York. REVIEW FOR RELIGIOUS, March, 1959. Vol. 18, No. 2. Published bi-monthly by The Queen's Work, 3115 South Grand Bpulevard, St. Louis 18, Missouri. Copyright, 1959, by The Queen's Work. Subscription price in U.S.A. with ecclesiastical approval. Second class mail privilege authorized at St. Louis, Missouri. Copyright, 1959, by The Queen's ,Work. Subscription price in U.S.A. and Canada: 3 dollars a year; 50 cents a copy. Printed in U.S.A. Editor: R. F. Smith, S.J. Associate Editors: Augustine G. Ellard, S.J.; Gerald Kelly, S.J.; Henry Willmering, S.J. Assistant Editors: John E. Becker, S.J.; Robert F. Weiss, S.J. Departmental Editors: Joseph F. Gallen, S.J.; Earl A. Weis, S.J. Please send all renewals, new subscriptions, and business correspondence to: Review for Religious, 3115 South Grand Boulevard, St. Louis 18, Missouri. Please send all manuscripts and editorial correspondence to: Review for Religious, St. Mary's College~ St. Marys, Kansas. Plus Xll's AIIocution to Cloistered Contemplatives Translat:ed by Frank C. Brennan, S.J. [The first part of this allocution was published in the January issue of the REV1EW FOR RELIGIOUS; the last part will be published in the May issue. The successive parts of ':he allocution were broadcast by Plus XII on July 19, July 26, and August 2, 1958. The offical text is to be found "in Acta Apostoficae Sedis (AAS), v. 50 (1958), pp. 562-86. A~I divisions and sub-titles in the translation are also found in the official text.] PART II: KNOW THE,CONTEMPLATIVE LIFE SINCE WE SUMMARIZED the fpi,ar, srtt of Our allocu-tion by saying:'"Know what you are,' We might give this second part the title: "Love what you are." This love will lead you, beloved daughters, along your own proper way to the God who addresses to you a personal appeal. We will here successively examine the principal motives for lov-ing the contemplative life, the attitude with which you ought to regard it, and the particular traits which should charac-terize your attachment to it. Motives and Sources of Love for the Contemplative Life Love is strong on!y if its object is lovable in the fullest sense, only, that is, if it is good in itself and capable of com-municating that goodness. But is not God the supreme good, both in Himself and in His works--in the work of creation and especially in the redemptive work which reveals th'e Father's love for mankind? "By this hath the love of God appeared towards us," writes St. John, "because God hath sent His only begotten Son into the world that we may live by Him.''~ How can man respond to this astonishing proof of the divine love save by accepting it humbly and totally? "We have known the love which God hath for us," continues St. Joh'n, "and we have believed in it. God is love; whoever abideth in love, abideth in God, and God in him.": Such is the essence of the contempla- ~I Jn 4:9. ¯ 2 Ihid., 4:16. 65 P~us XlI Review for Religious tive life: to live in God by charity so that God may live in you. Indeed, your daily efforts have no other purpose but that of putting your mind and heart always more intimately in contact with the Lord who reveals Himself to you and who invites you to take part in His work of redemption, in His cross, and in the spreading of His Church. This holds for all Christians, but more particularly for those who are engaged in a state of perfection. Here again the ways of God will vary. Your religious profession, together with the contemplative life which you have chosen, consecrates you more exclusiveiy to this search after divine union according to the particular spirit of your order and according to the personal graces which the Lord gives you. Let your love then go out to the contempla-tive life with all its distinctive claims, since it leads you to the perfection of charity and holds you in its radiance. Other motives, although not so important, can neverthe-less help to confirm and strengthen your interior conviction. These can be found in the Scriptures, in the attitude of the Church towards the contemplative life, and "in the fruits which this life has yielded. Without doubt, the scriptural passages and the truths which We will point out have an import which goes quite beyond the domain of the contemplative life; but they do apply to it in a way that is unique, and they will certainly go far toward purifying and confirming the love which you have for your vocation. The Scriptures contain many passages concerning the consecration of man to God and to Christ. These texts, so full of significance, will reveal their hidden meanings only to those who explore them °diligentl~ and meditate on them prayerfully. The same Holy Spirit who inspired their compo-sition continues through them to manifest the intensity of the contemplative vocation and the riches which it contains. "Thou shalt love the Lord thy God. . This is the greatest and the first commandment.''s 3 Mt 22:37-38. 66 March, 1959 CLOISTERED CONTEMPLATIVES "The unmarried woman and the viygin think about the things of the Lord.''4 "These follow the Lamb wherever He goes.''5 "Now this is everlasting life, that they may know Thee, the only true" God, and Him whom Thou has sent, Jesus Christ.'''~ Elsewhere the Scriptures speak of the treasures hidden in Jesus. Christ, our Lord and our God--treasures which come from His boundless love for us and which persevering con-templation little by little unveils. "The Word was God . The Word was made flesh. . . . And we saw His glory.''v "Thou art the Christ, the Son of the living God.''s "My Lord and my God.'''~ The contemplative nun is well acquainted with the cruci-fied Lord and with the cross which she takes each day into her hands. She often recalls the words of Saint Paul: "I am crucified with Christ . Christ lives in me . Christ who loved me and gave Himself up for me.''~° "Who shall separate us from the love of Christ? . . . I am sure that neither death nor life, nor angels, nor any other creature will be able to separate us from the love of God which is in Christ Jesus our Lord.''~1 The works of penance and of mortification which form part of the contemplative life fulfill the words of Saint Paui: "What is lacking in the sufferings of Christ, I fill up in my flesh for His body, which is the Church.''1: Such scriptural texts will fill the contemplative soul who meditates on them with a profound joy and will bind that I Cot 7:34. Apoc 14:4. Jn 17:3. Jn 1:1.14. Mt 16:17. Jn 20:28. Gal 2:19-20. Rom 8:35, 38-39. Col 1 : 24. 67 P~us XII Review for Religious soul more intimately to God and to Christ. They invite the soul to embrace and lovingly to practice a vocation which leads unwaveringly to the love of God and of His incarnate Son. Since~the, Church speaks of the contemplative life as emi-nently worthy of esteem; since she approves it with all her authority and confers numerous privileges on it; since she dignifies its inauguration with a solemn liturgical ceremony and surrounds it with abundant protective measures; one can cer-tainly see in all this a clear proof of her esteem for this life and thereby gain a weighty motive for being devoted to it. Among countless ecclesiastical documents concerned with the contemplative life, We will mention only three: the apostolic constitution Sponsa Christi, the blessing and consecration of virgins in the Roman Pontifical (whose ancient arid solemn formulas are reserved to contemplative nuns by Article III, paragraph 3 of the constitution Sponsa Christi), and the en-cyclical Sacra virginitas of March 25, 1954.13 The apostolic constitution Sponsa Christi shows in its historical part the high esteem in which the Church holds the state of virginity and of cloistered contemplation. The docu-ment recalls "the sentiments of esteem and of love which the Church has always nourished for virgins consecrated to God," from the very beginning of her existence. As we have pointed out, the constitution insists on the importance of contempla-tion to which all other monastic observances are subordinate. From the consecration of virgins let us note the words which the bishop addresses to the candidates when presenting them with the habit and the insignia of their estate: "I unite you as a spouse to Jesus Christ, Son of the Almighty Father, that He may preserve you without fault! Receive then the ring of fidelity, the seal of the Holy Spirit, that you may be called the spouse of God, and after serving Him faithfully, be crowned for all eternity.''~4 ~:IAAS, 46 (1954), 161-91. 14 Pontificale Romanum, De benedictione et consecratione virginum. 68 "March, 1959 CLOISTERED CONTEMPLATIVES In the first section of .the encyclical Sacra Virginitas the excellence of virginity is treated. The encyclical proves this excellence first of all by referring to the Gospels and, in fact, to the very words of Christ Himself; and secondly, by recall-ing Saint Paul's doctrine on virginity chosen out of love for God. The encyclical likewise cites Saint Cyprian and Saint Augustine, who point up the powerful effects of such vir-ginity; and it stresses the importance of the vow which gives this virginity the strength of a virtue. The superiority of vir-ginity over marriage, the many divine blessings which it merits, and the wonderful fruits which it produces are all discussed in the same encyclical. These fruits of the contemplative life, which are also treated in the apostolic constitution Sponsa Christi, merit special consideration because their realization will awaken in you a yet deeper and more resolute devotion to your contemplative vocation. We might expatiate in great detail on the lives of the great contemplative saints, Saint Teresa of Avila, for example, or Saint Therese of the Child Jesus, both Carmelites. But We prefer to concern Ourselves with your personal experience and with 'your community life. The contemplative nun who is devoted wholeheartedly and sincerely to her life does not fail to perceive andrelish in herself the fruits of her efforts. While outwardly her life unfolds in a pattern fixed "by the order of the day and by the exercises of the rule, inwardly she matures and deepens her life by passing through successive periods of consolation and trial, of enlightenment and obscurity, which leave intact her intimate union with God. Thus in spite .of obstacles from within and from without, in spite of failures and weaknesses, she goes forward, confident of God's help, until there comes that hour--often unexpectedly--when she hears the words: "Behold the Bridegroom is coming, go forth and meet Him.''1~ We urge each of you individually to apply yourselves with all your strength to the duties of your state in life as contempla- 69 Ptus XII Review for Religious tiCes. Thus will you experience its effects more and find in that experience a further motive for being more faithful and devoted. We would have you guard yourselves against dis-couragement and meanness of soul. Undoubtedly you must give full cooperation to grace in warring, against your faults and in practicing virtue; but leave to God all care for your growth and increase. It is He who, at the right moment, "will perfect, strengthen, and establish you.''1~ With these dis-positions you can go forward, supported .by divine power and filled with abundant joy at having been chosen for this life. Your personal experiences will be enriched by observa-tions which you can make in your own community. If, in-stead" of dwelling on the inevitable faults and weakness of htlm~ln nature, you rather consider the sincere efforts of others t~° fulfill their religious ideal, you will easily come to realize tKe radiance of their interior life and of their union wi~h God. /~ikewise, in the small details of. community life you will admire their fraternal charity which flows directly from their love of Christ Whom they see in the members of His Mystical Body. The splendor of this charity, ~o often hidden during life, is o revealed sometimes brilliantly and suddenly--once death has affixed its mark; it is then that you will be able to sing with the Psalmist: "Surely, the just receives his reward.''17 Attitude Toward the Contemplative Life Now that We have considered the motive~ which impel you to love the contemplative life, We shall speak to you of the attitude which fidelity to this loves demands. Already in .the first part of this discourse, We have emphasized the im-portance of "interior contemplation" and the precedence which it takes Over other elements which are necessary as means to it:_the cloister; ex~ercises of piety, prayer, and mortification; and work. We will consider here how the contemplative nun should meet this ensemble of obligations. Jo I Pet 5:10. 17 Ps 57:12. 70 March, 1959 CLOISTERED CONTEMPLATIVES It is clear, in the first place, that a sincere devotion to the religious life excludes all legalism, that is, the temptation to be bound by the letter of the law without fully accepting its spirit, Such an attitude would be unworthy of those who bear the title of spouse of Christ and who wish to serve Him with a disinterested love. Scarcely more acceptable would be a type of eclecticism, an entirely subjectiv.e selection of certain obligations to which one submits while ignoring others. No right-thinking order would receive a candidate who would try to observe only a part of the rules a~d constitutions. The contemplative life is austere. Human sensibility does not submit to it without resistance, but the desire of giving oneself wholly to God willingly embraces works of Penance and cor~tinual self-renunciation. The contemplative nun, in-flamed with zeal for her vocation, can apply to herself t~ words which the Apostle of the Gentiles addressed .to _th.e Christian community: "For I betrothed you to one spouse, that I might present you a chaste virgin to Christ''is and--We~'can ~dd--"to Christ crucified." The nun who is faithful to he~ vocation will always take as the rule of her interior life Saint Paul's words: "What is lacking of the sufferings of Christ I fill up in my flesh for His body, which is the Church."0~ such is the law of true love and to it the famous remark of Saint Augustine gives testimony: "There is no suffering for one who loves; but for the one who does not love, every bit of suffer-ing is unbearable.''2~ ~. Work forms part of the contemplative life. The anciei'it monastic I£W, "pray and work," has not ceased to be Wise and necessary. Some work is required of human nature. Man has many spiritual and physical powers which he must use ~) provide, for his subsistence, to improve his living conditions, ~sII Cor 11:2. ~ Col 1:24. 2o In Ioannis evangelium tractatus, 48, 10, 1; Migne, PL, v. 35, col. 1741. 71 P~us XII Review for Religious and to increase his knowledge and skills. For thirty years our Lord led at Nazareth a life of labor; during His apostolic ministry He was likewise subject to .much physical fatigue. Saint Paul writes very incisively about this to the Thessalonians: "If any man will not work, neither let him eat. For we have heard that some among you are doing no work.''~ He adds that he himself works with his hands in order to make a living and to avoid.being a burden to his fellow Christians.22 This duty of contemplative nuns to work for their living is stressed several times by the apostolic constitution Sponsa Christi. From this it follows that whoever gives herself without reserve to the contemplative life, will also fully submit to this law of labor. Positive prescriptions of ecclesiastical law with regard to the canonical contemplative life are numerous. Even though some of them are of minor importance, all of them should be observed. Our Lord has clearly said that "whoever does away with one of these least commandments, and so teaches men, shall be called least in the kingdom of heaven; but whoever carries them out and teaches them, he shall be called great in the kingdom of heaven.'''-''~ "I have not come to destroy the law, but to fulfill it.'''-'4 Whoever loves the contemplative life will consider this delicacy of conscience and this fidelity to the least detail a most precious duty. On the other hand, one must avoid narrowness of both mind and heart. The liberty of the interior man is positively willed by God: "For you have been called to liberty; only do not use liberty as an occasion for sensuality.'''2~ "Therefore we remain free in virtue of the freedom wherewith Christ has made us free.'''6 The liberty of Christ, which the Apostle here extols, gives us power to accomplish works of the spirit as opposed to. works of the flesh. Such works, are charity, '-'~ II Thess 3:10-11. ¯ .'2 See Acts 20:34; 18:3. '2'~ Mt 5:19. 2-'4 Ibid., 5:17. '-'~ Gal 5:13. 26 Ibid., 5:1. 72 March, 1959 CLOISTERED CONTEMPLATIVES joy, peace, long life, the spirit of service~ generosity, faith in others, kindness, self-control--"Against such things there is no law.'''v Even before the time of Saint Paul, Christ had spoken of the meaning of Christian liberty in a still more emphatic way: "The Sabbath was made for man, and not man for the Sabbath.''-°8 Since our Lord did not hesitate to speak in this way, one can say in general that the law is for man, and not man for the law. This does not suppress one's obligation to observe the law, but it safeguards the freedom and the peace of the interior man. The extent of every law should be exactly understood, according as to whether it is divine or human, essential or accidental. To place the law above man as an absolute and not as a means whereby he attains his end is an error. Jesus had said of the Pharisees: "They bind together heavy and oppressive burdens and lay them on men's shoulders.'':9 We are convinced that a nun sincerely devoted to the contemplative life will "have no diffi-culty reconciling this delicacy of conscience in the observance of her rule and the performance of her duties with that peace which results from the tranquillity of liberty of the interior being. You will submit to the rules by observing them, but you will rise above them by living united to the Spirit of God and to His love. Characteristics of This Attitude We should like to add a word concerning the character-istics which ought to distinguish your interior attitude. "In a nun one expects to find first of all simplicity and humility; love f~r the contemplative life should exclude every desire of bein~ noticed, admired, or esteemed. In His Sermon on the Mount, our Lord severely reprimanded the Pharisees for their desire to be noticed by others.~° If you remain hidden, you will avoid psychological difficulties which are more "-'7 Ibid., 5:23. '-'s ME 2:28. '~-o': ~M Mt 6t :2 3:4. 1-6, 16-18. 73 PIUS XII Review for Religious frequent among women and more readily take hold of the feminine temperament. We have treated the contemplative life as an ascent to God in which you offer to Him your mind and your heart. This self-giving, inspired by supernatural motives, will l~e nourished by the theological virtues of faith, hope, and charity, which alone support an authentic love of contemplation. These virtues will give your contemplation a genuinely Christian character so that it will not seem just a psychological phenom-enon which comparative religious history finds among the most diverse peoples and in every age. In order to confirm the purity and sincerity of your char-ity, it will suffice to remind you of the celebrated description which Saint Paul gives of this virtue in the thirteenth chapter ~ of his First Epistle to the Corinthians--a passage on which you have already meditated often. Would that your daily lives might always progressively approach more closely" the ideal set down in that justly famous chapter. Gendrous de~,otion can not accommodate itself to constant tension, to a continual battle against almost insupportable obli-gations which one would reject if possible. It is indeed possible for God to permit a trial of this sort for some time in order to purifythe soul. But it can also happen that such a state of .mind results in a serious fall, in internal or external catastrophe. We will not consider the cases involving nervous or psy- ~chotic factors. Here We are thinking of normal persons, of nuns to whom this has already happened or is likely to happen. There can be no question of entering into a study of diagnosis or of therapy or of prognosis for such case~. But We have just indicated a psy.chic factor, a characteristic trait of the fervent practice of perfection which is. capable of preventing such mishaps. It is the conscious and joyful acceptance~by a nun of the life of each day. It is the optimism, not at all frenzied, but tranquil and solid, of our Lord who said: "I am 74 March, 1959 CLOISTERED CONTEMPLATIVES not alone, but My Father is with Me.''31 It is the indestructible confidence of the contemplative in Him who said: "Come to Me all you who labor and are heavily burdened, and I will refresh you.''3'-' These considerations and these sentiments determine the interior attitude of the contemplative. She knows by experience what she ought to do; and she wishes to order her life according to the Words of the "Apostle who said: "God loves the joyful giver.''33 What "Saint Paul wrote to the Corinthians concerning the material goods de~tined for the poor of Jerusalem she understands in the much l~r~ger sense of the gift of all one's being and one's every exterior action. Joy and happiness are the traits characteristic of-a sincere gift of oneself. We are conscious of this in reading the First Epistle of Saint Peter. He presupposes and observes this joy and happiness among the Christians to whom he writes and who are already turned toward Christ: "Him, though you have not seen, you love. In Him, though you do not see Him, yet believing, you exult with a joy unspeakable and tri-umphant; receiving as the final issue of your faith, the salva-tion of your souls.''34 To each of you We say: Let the faith, hope, and charity of Christ give you something of that joy which Peter obserged among the Christians to whom he wrote. At the end~of his epistle he returns to the same theme, exhorting the Christians to think of earthly sadness as inseparable from life in this world and as a means of rea~ching eternal glory: "Cast all your anxiety upon Him; when you have suffered a little while, He will perfect, strength.en, and establish you.'''~'~ It is the very idea which Saint Augustine expresses toward the end of his City of God. This earthly life with all its bitterness will pass away; we will then go to God, and our joy in possessing Him ~ See Jn 16:32. 3'-' Mt 11:28. a~II Cor 9:7. ~"~I IPbeidt ,1, 5:8:7--91.0. ~5 P~us XII will not pass away. "Ibi vacabimus, et videbimus; videbimus et amabimus; amabimus et laudabimus. Ecce quod erit in fine sine fine''s° ["There we shall rest and we shall look; we shall look and we shall love; we shall love and we shall praise; behold what there shall be in the end and without end"]. Such should be the thoughts which sustain your life and give you the strength to live it with courage until the end without growing tired or discouraged, and thus to offer up to God a clean and perfect oblation. so De civitate Dei, 22, 30, 5; Migne, PL, ~ 41, col. 804. 76 Prac!:ice ot: :he I-Ioly See Joseph F. Gallea, S.J. CANON 509, § 1, obliges all superiors to inform their sub-jects of all decrees of the Holy S.ee concerning religious and to enforce such decrees. The activity and mind and will of the Holy See are also revealed, and sometimes in a more practical manner, by approved constitutions and com-munications addressed to individual religious institutes. An article drawn from these sources was published in the REVIEW FOR RELIGIOUS in 1953.1 This article is based on the same sources concerning lay institutes from January 1, 1954. The order of material followed in the article is the usual order of the chapters of constitutions of lay institutes. This is the first part of a series of three. 1. Nature, purpose, and spirit. (a) Petitioning pontifical status. It has been declared and explained many times in the REVIEW FOR RELIGIOUS that it is the sense of canon law and the mind and will of the Holy See that a diocesan con-gregation should become pontifical; that a diocesan congrega-tion is onIy in an initial, temporary, and probationary state; and that the petitioning of pontifical approval should not be unduly delayed." The intrinsic reasons for seeking pontifical approval were also given,3 as also the necessary conditions and formali-ties. a In 1957 twenty-four congregations received the decree of praise from the Holy See, of which six were from the United States. Eighteen congregations were definitively ap-proved, but only two were from the United States.~ It was not a poor year, and we can hope that the accurate idea of pontifical approval is finally being grasped. The difficult birth of this idea is evident from a mere glance at some of the 1 REVIEW FOR RELIGIOUS, 12-1953-252-72; 285-90. -'Ibid., 9-1950-57-68; 10.1951.22; 11-1952-13-14; 12-1953-253-54; 15-1956-326. ~ Ibld., 9-1950-68. albid., 11-1952-14; 12-1953-253-54. ¯~ L'Acdvit~ della Santa Sede nel 1957, 124-25. 77 JOSEPH f. GALLEN Review for Religious institutes approved in 1957. Without any research, I know that one of these came into existence only in 1929, another is over a century old, and a third is just under a century. A hun-dred years is a long time to be on probation, especially when it is completely voluntary. (b) The union of religious insti: tutes: In any part of the world, and also in the United States, it is possible to find religious institutes, especially of sisters, that have been in serious difficulties for many years, for exam-ple, they are small, receive few applications from candidates, are in financial difficulties, and lack a personnel sufficient in" number and competence to carry out properly the works of the institute. Not all of these reasons are found in every case, and they vary in degree; sometimes there are other reasons also. The well-being and at times the salvation of such an institute is to unite with another similar but flourishing institute. Such unions are occurring. A rescript effecting a union 6f this type gives the following information: Recourse mu~t be made to the Holy See .for a union, since it implies the extinc-tion of one religious institute (c. 493). The consent of both institutes is necessary, and the opinion of the interested local ordinaries is requested. The union effects the extinction of the first institute; and its members, houses, and property apper-tain to the second institute. Evidently these persons are hence-forth to be governed and the property administered according to the constitutions of the second institute. The intention of the donor in any property given or bequeathed to the first institute is respected, and the canons concerning the dowries must be observed. The members of the.'first institute pass to the second in the same class, if there are various classes, and with the same rights of profession that they had in their former institute. Each of these is to sign freely a document in which he declares that he wishes to be a member of the second institute. Any religious who refuses to become a mem-ber of the second institute is to request an indult of seculariza-tion or a transfer to another institute, according to the i~orms of canon law. All unions evidently demand a sufficiently pro- 78 March, 1959 PRACTICE OF THE HOLY SEE longed period of careful and prudent preparation.° Unions are also occurring among flourishing institutes, for example, those that have the same origin, spirit, and constitutions. The Holy See has on several occasions manifested its desire of such a union to particular institutes.7 (c) Federation of nuns. A huge proportion of the monasteries of nuns in the world have been federated or are in the process of federation. There are two such federations in the United States. Authoritative sta-tistics, including 1957, list no other federations in the United States nor any in the state of preparation,s Their absence is very conspicuous. The preliminary approaches to a federation have been made in some cases, and one federation appears to be near completion. "It has been emphasized in the REVIEW FOR RELIGIOUS that the Holy See favors federations.~ (d) Aux-iliaries. A .congregation of sisters, whose mother house is in Italy, has affiliated to itself a new and distinctive type of auxili-aries. These are secular women who are sincerely desirous of a state of perfection in thee spirit of this congregation but, for various reasons, are prevented from living its constitutions com-pletely and fulfilling all its obligations, especially those of com-mon life. The purpose of these auxiliaries is their own sanctifica-tion and collaboration with the sisters in the apostolate, especially in education, catechetics, and in works that the religious can-not personally acdomplish because of their state and life of withdrawal from the world. The auxiliaries are of two classes. 1° Auxiliary Oblates. These constitute a secular institute, and ¯ therefore they profess and consecrate themselves to complete Christian perfection in a determined regime of life. 2° Aggre. gated Auxiliaries. These form only a pio. us union or associa-tion, with more limited spiritual and apostolic duties and a less strict bond of union with the religious institute. All the aux-iliaries share in the prayers and good works of the congregation 0 Cf. A. Bocquet, L'Ann~ Canomque, 4-1956-9-20. S Commentarium Pro Religiosis, 38-1957-371-73; ct:. J. Fohl, L'Ann~e Canon-ique, 4-1956- I85-86. ~ REVIEW FOR RELIGIOUS," 12-1953-288; 15-1956-326-27. 79 JOSEPH F. GALLEN Revie~v .for Religi~.~ of sisters. Neither class has a distinctive dress, but they simply adhere to the traditional norms of gravity and Christian mod-esty. 2. Members and .precedence. At least seven congrega-tions of sisters abolished the class of lay sister. The Sacred Congregation of Religious readily grants an indult permitting all the lay sisters of a congregation to pass into the one class of sisters prescribed by the revised constitutions, without the need of a new noviceship or pr',fession and with all rights, as if they had been admitted to this one cla~s from the beginning. This. change demands the correction of all articles of the con-stitutions that specify or imply a distinction of classes. Requests to the Holy See for slappression of the class of lay sisters from monasteries and orders of nuns receive varying replies accord-ing to the tradition of the order. One monastery of nuns began to take extern sisters. Two sets of constitutions recently approved contain the statement that all the sisters are to assist in the common household duties. 3. The religious habit. A few congregations of sisters simplified their religious habit. This is praiseworthy, but al-most none of the changes were as complete.as they evidently should have been, and no change is in any danger of being termed radical. One set of constitutions states that, when the white habit is worn in hot countries, a cloth cincture may be substituted for the usual black leather cincture. Complaints have been m~lde about the use of a leather cincture dlaring the summer. In any thorough study of adaptation and simplifica~ tion, the color of the habit "should not be ignored. Is a black habit adapted to the' summer heat of the United States? It is amusing to reflect that a white habit is common in Oriental countries, yet both Orientals and Americans who have been in the Orient attest that our summer heat is more oppressive. Another set of constitutions declares that white shoes may be worn with the white habit. This right follows as a complement of the white habit, unless it is expressly forbidden by the con- 8O PRACTICE OF THE HOLY SEE stituiions. Some authors on renovation and adaptation have emphasized that excessive external distinctions should be re-moved from the class of lay brothers and lay sisters. One of these seems to be the white veil that is worn by professed lay sisters in at least very many monasteries of nuns. One purely contemplative monastery received permission to change this white veil to a black veil. A few superioresses of nuns are anything but hostile to reasonable adaptation. Several constitutions continue to specify a choir mantle of serge. Why this purely ceremonial garb should be of heavy material is incomprehensible to me. Formerly constitutions commonly forbade any change in the habit without the permission of the Holy See. In some later constitutions, this p.ermission was confined to a change in the form or color.'" Two sets of constitutions recently ap-proved state: "No general or permanent change in the form or color of the habit may be made without the permission of the Holy See." "No permanent, substantial, or general changes may be made in the habit without the permission of the Holy See." I believe we may hold that the permission of the Holy See is required only for a substantial change in the external appearance of the habit. Any change that does not modify this external appearance at all, as is true at least most frequently in a mere change of material, or that only accidentally modifies the external appearance may be made by the superior general with at least the advice of his council. 4. The dowry. One congregation received permission to borrow $100,000 from the dowry fund. As is true of any other debt, this amount is to be repaid within a reasonable time (c. 536, § 5). Canon 549 forbids any institute whatever, without a dispensation from the Holy See, to spend the capi-tal of even part of one dowry for any purpose whatsoever, even for the erection of a building, or the payment of a debt, before the death of the religious. Reasons such as those just cited Ibid., 12-1953-257. 81 JOSEPH Fi GALLEN. Review .for Religiow~ jtistify.,:g~ petition to .the Holy See to' use the 'capital sum of the dowries, This ~capital sum must be restored to any religious #ho definitively leaves her institute (c. 551, ~ 1).~ The practice of~ the Holy See has been to impose the obligation of restoring the amount expended; but one institute informs me that it has been granted a wider indult, that is, to use dowry funds throughout the institute for building purposes provided the provinces have sufficient funds at their disposal to return the dowries of. religious who might leave. 5. "The postulancy. The duration of the postulancy has assumed greater moment in recent years because of the educa- " tional pr.ogram for the young religious. The general desire ¯ in the United" State~is for a postulancy that will not preclude a full scholastic year. Provision has been made for this in two sets of constitutions recently approved by the Holy See: "Can-didates "before being admitted to the noviceship shall make a postulancy of not less than six complete months and not more than a year." "The time prescribed for the postulancy is one full year. The aspirant is admitted by the provincial sui~erior who may, for a just reason, prolong the prescribed time, but not beyond six months. For a grave reason, the superior gen-eral ma~), with the consefit of her" council, abbreviate the pre-~ Scribe'd time of postulancy, but nok beyond six months." Canon 539," § '1 c'o'ifimands a postulancy of .at least six months; and I see no reason why an abbreviation of a postulancy of a year requires a greater reason than its prolongation beyond a year. I~ prefer the latter article but believe that it should have read ~is follows: The time prescribed for the postulancy is a £ull. year. For a just reason, the superior general (or the higher superior), with the advice of his council, may abbrevi-ate or prolong this time, but not beyond~six months in either case. " ¯ 6. The noviceship. (a) Canonical impediments. Dispen-sations were granted to two married women to enter a mon- Ibid., 16-1957,164. 82 March, 1959 PRACTICE OF THE HOLY SEE astery of nuns,. Both were converts and both had been di-vorced. I have a typed copy of the rescript of only one of these cases. This prescribes a longer postulancy, that is, of a year and with the usual right of prolonging it for another .six months. (b) Manner of beginning. In the former practice, of the Holy See, the constitutions were usually ~worded: "The canonical year begins with the reception of the habit." The word-ing was later changed-to: "The canonical year ordinarily begins with the reception of the habit." Constitutions-~ipproved within the last few years are. more commonly phrased: ,"The canonical year begins with the reception of the habit or in.any other manner determined by the superior general,, pro;tided in the latter :case that its inception is recorded in writing.'~ I see, no reason whW the different determination could not have been granted also to other higher superi6rs, for example, provincials. The superior general may certainly habitually delegate the faculty of making a different determination to these other higher superiors or even to other religious, for example, to the local superior of the novitiate house. The" new wording simply gives a superior greater facili,ty in permitting the be-ginning of a one-year noviceship on the day before the cere. mony of the. reception of the habit and also, irrespective of the duration of the noviceship, in permitting the beginning of the noviceship on the same day as the other members of a group to a postulant .who cannot attend the ceremony, for example, because of sickness. This entire matter was explained in the REVIEW FOR RELIGIOUS, 15-1956-222-24. (c) Duration. At least one congregation of sisters changed its noviceship of one year to two years. Of greater interest is the'fact that a purely contemplative monastery of nuns and a proposed .f.ederation of nuns have dbne the same thing. The historical reason for the longer noviceship of two years is that religious who have an active end were believed to require a longer and more solid spiritual formation. However, it can be maintained that a contemplative vocation is more difficult to discern; and it" can certainly be doubted that it requires a less prolonged or less ,83 JOSEPH ~. GALLEN Review for Religious skilled formation. (d) Dispensations from the second year. Rescripts from the Sacred Congregation of Religious dispens-ing from any part of the "second year contain the following conditions: "That the novices make a written request for the abbreviation of their noviceship, that these written requests 'and the rescript be .preserved in the files, and that mention 0f the requests, and of the rescript be made in the register of professions." (e) Separation of novices from the professed. Canon 564, § 1 commands that the novices are as far as possible to dwell in a part of the house distinct from the quarters of the professed. The same canon enacts that there is to be no communication between the professed and the-novices without a special reason and the permission of either the local or higher superior or the master of novices. This strict prohibition is to be observed also when there are but very few novices. It is to be remembered that those who have taken temporary vows are professed, not novices. They must therefore be separated from the novices in place and in communication. This applies "also to the monasteries of nuns. This canon is inserted in the constitutions of nuns by the Holy See, and khe quinquennial report (q. 87) for independent monasteries explic-itly asks whether the separation both in place and commun~- cation' is observed."-' One pu_rely contemplative monastery of nuns received an indult in 1955 permitting the professed oi: temporary vows to remain in the novitiate for further training under the mistress of novices. A proposed federation of nuns has included the same prescription in its constitutions. (f) Physical exercise. The constitutions of a congregation of sisters approved in 1954 contain the prudent provision that the nov-ices ought also to take physical exercise so that the recreation will benefit both body and mind. (g) Profession in danger of death. Admission to this profession has been reserved in the past to higher superiors, the superior of the novitiate house, and their delegates. Two sets of constitutions, approved in 12ibid., 11-1952-157-58. 84 PRACTICE OF THE HOLY SEE 1955 and 1956, introduce a welcome change by assigning the admission to, "the mistress of novices, any other superior, and their delegates." Since the mistress of novices is not a superior in the proper sense of the word, it would have been better to have phrased the article, any superior, the mistress of novices, and their delegates. The master or mistress of novices is the one most likely to b~ present in such circumstances, and a second-year novice may be outside the novitiate hou.se. If the constitutions contain the former wording, higher superiors may and should delegate their faculty habitually to all other superiors and to the master or mistress of novices. (h) Vacation outside the novitiate house. Two congregations received indults per-mitting the novices to spend about fifteen days a year in a country house of the congregation under the direction of the master of novices. (The rest of this article will appear in the May and July issues.) 85 Less Me Conan McCreary, O.l=.M.Cap. WeE ARE almost'always talking to somebody. Often dur-ing the day we speak to our neighbors, and in prayer we talk to God. However, most frequently we are conversing with ourselves. Our ideas come to our conscious-ness through words formed in our minds, and these words make up a more or less constant interior conversation with ourselves. This interior monologue is quite natural, and it serves many good purposes. It helps us to think more clearly and con-cretely. It helps us also to provide for the next moment. "Let's see, what shall I do next?" we ask ourselves. Then we await our own reply, "I think that I'll clean off my desk." There is more to this interior conversation than at first appears. It can be an indication of our spiritual worth. When most of our monologue is spent on our own interests, we tend to become self-centered. When it is turned more to God and Christ and His interests, we tend to become theocentric or Christocentric. One great secret of the interior life is to turn our interior conversation away from ourselves and to turn it to God. "How can we pray to Him Unless we are with Him? How can we be with Him unless we are often thinking of Him?" Brother Lawrence of tl~e Resurrection, o.C.D., asks so log-ically. 1 St. John the Baptist's words, "He must increase, but I must decrease" (Jn 3:30), can hardly be. more aptly applied than to our interior conversation. How many times do not our rules or constitutions or by-laws exhort us to recollection. Yet, how often do we not have reason for embarrassment in the face of our feeble interior prayer. While urged to "direct every thought to God alone 1Brother Lawrence of the Resurrection, The Practice o! the Presence of God (London: Burns, Oates and Washbourne, Ltd., 1926), p. 38. 86 with every possible yearning of love,'"-' we find ourselves not just a little short of the ideal. The saints and the proficient in the spiritual life find their interior conversation with God one of their greatest joys. For them, ordinarily, no system is necessary. Recollection is simply the response to the presence of their beloved. Thomas of Celano wrote of St. Francis: " . . . he would often speak with his Lord in words. There [in solitary places] he would make' answer to his Judge, there entreat his Father, there rejoice with the Bridegroom, And in order that he might make the whole marrow of his being a whole-burnt offering in manifold w~Lys, he would set before his eyes in. manifold ways Him who is supremely simple. Often with lips unmoved he would ruminate within, and, drawing outward things inward, would uplift his spirit on high. And so the whole man, no( so much praying, as having become a living prayer, concentrated his whole atten-tion and affection on the one thing which he was seeking from the Lord.''3 For ~he less proficient in the spiritual life, recollection, though an undeniable joy, is often a burden. Not as spontaneous . as the saints, we find ourselves at a loss for words before God, not from awe, but from lack of something to say that is worth-while and attractive. If the saints run in the path of prayer, perhaps we can describe our way of interior prayer as a limping. We try to get aiong; we try to speak more with Godl but how far we are from being the athletes of the spiritual life that St. Paul would haste us be! If we have not yet been healed of our spiritual lameness by the name of Jesus (Acts 3:6), then it would not be out of place for us to use a cane to help us walk interiorly with God. Using a cane is much better than sitting still. Of course, a "-' Constitutions o/ the Capucbitt Friars Minor o/ Saint FrancD (Detroit: 1945J, art. 90. 3 Brother Thomas of Celano, The Li',,,'s of S. Fram'i.r o/ .4ssisi London: Methuen and Co., 1908), pp. 233-234. 87 CONAN MCCREARY Review for Religious cane is only a 'substitute for a better thing. When the better thing comes (that is, the spontaneous conversation with God in love) it is time to lay aside the substitute. Taking our cue from the Precursor, wh~ wanted Christ to grow greater and himself to become less, we might use the mnemonic line LESS ME as a cane, a means of giving us something to say to God in recollection. Each letter stands for~ a topic of conversation. The topics are merely suggested in the scope of this article. Not much imagination is required to expand each point according to personal tastes or needs. L stands for Lady, our Blessed Mother. It is always fitting to begin our recollection with her; we can either speak to her personally, or we can speak to our Lord about her. E stands for Eucharist. This may remind us of our reception of Holy Communion in the morning, and we can renew our affections; or, we may use it as an occasion of making a spiritual communion. S stands for Spirit, the Holy Spirit who dwells as guest in the center of our hearts: the very love of the Father and Son! S stands for secret. This can mean our little secret of reaching out to God often during the day, our favorite ejaculation as, "All for You, Jesus!" It can also mean our nosegay for this day. M stands for meditation; we have here an opportunity to renew the affections and resolutions of our morning meditation. E stands for examen, that is, the subject of our par-ticular examen with all its difficulties, which we can talk over with our divine model. This system, while it embraces many of the major s[tb-jects that spiritual writers recommend for recollection, is cer-tainly not everything. But it is something. It is a definite step 88 March, 1959 LESS ME toward turning our interior conversation to God. It is a help for us to make our exteriorly silent moments interiorly joyful and fruitful. The objective of a system of recollection is to dispose ourselves for two of God's most precious gifts: the consciousness of His presence and the spirit of prayer. When St. Paul exhorted the Ephesians to be interior men, he gave them a promise of great things: He told them that they would come "to know Christ's love which° surpasses knowledge" and that they would be filled with the fullness of God (Eph 3:19). As Christ continues to increas~ in us and in our interior con-versation, we will come to know more and more what St. Paul meant. SOME BOOKS RECEIVED [Only books sent directly to the Book Review Editor, West Baden College, West Baden Springs, Indiana, are included in our Reviews and Announcements. The following books were sent to St. Marys.] The Graces of Christmas. By Bernard Wuellner, S.J. The Bruce Publishing Company, Milwaukee 1, Wisconsin. $3.00. What Is a Saint? By" Jacques Douillet. Translated by Donald Attwater. Hawthorn Books, 70 Fifth Avenue, New York 11, New York. $2.95. Who Is the Devil? By Nicholas Corte. Translated by D. K. Pryce. Hawthorne Books, 70 Fifth Avenue, New York 11, New York. $2.95. Anne de Xainctonge: Her Life and Spirituality. By Sister Mary Thomas Breslin, U.T.S.V. The Society of St. Ursula of the Blessed Virgin, ~Marygrove, Kingston, New York. The Eucharist and Christian Life. Second Series. By Aloysius J. Willinger, C.SS.R., D.D. Academy Library Guild, P.O. Box 549, Fresno, California. $2.00 (paper cover). 89 ,Joseph !:he In :erior Life Sister Emily Joseph, C.S.J. TO ACHIEVE the perfection of his being, a man must cultivate the interior life with an attentiveness which not only equals but surpasses, that spent on his external activi-ties. One of the major causes of the restless, disturbed, frus-trated personalities in society today is the neglect of this interior life. At times we are tempted to look upon this as an ill peculiar to our present age; but a glance at the Old Testament shows that the same indifference to the life of the spirit pre-vailed long ago. "With desolation is all the land made desolate," laments Jeremias, "because there is none that considereth in the heart" (Jer. 12:11). And in figurative language he refers to these depthless creatures as "broken cisterns, that can hold no water" (Jet. 2:13). Throughout Holy Scripture the secret of the spiritual life is enunciated again, and again: "The kingdom of God is within you" (Luke 17:21); "All the glory of the king's daughter is within" (Ps. 44:14); and it is finally spelled out by the elo-quent St. Paul, who poses a question that contains the great soul-shaking reality of life: "Know you not that you are the temple of God, and that the Spirit of God dwelleth in you?" (I Cor. 3:16). Awareness of the presence of this divine Guest within the soul constitutes a sine Cilia non for the development of the interior life. Anyone who has read the Gospels, or even lis-tened to the reading of them at Sunday Mass, has heard the fact as St. John presents it in Christ's own word~. "If anyone love me, he will keep my word, and my Father will love him, and we will come to him, and will make our abode with him" (John 14:23). perhaps it is the profound mystery concealed behind these simple words which overwhelms the ordinary intelligence, with the result that an impact of grace almost as 90 ST. JOSEPH forceful as that which swept Saul from his horse on the road to Damascus is required before one comes to grips with the fact of the indwelling of the Trinity in the soul which is in the state of grace. Granted this impact of grace and the resulting awareness, three aspects of the cultivation of the interior spirit present themselves: (1) Who is this divine Guest? (2) What inter-feres with my attention to Him? (3) What contributes to my intimacy with Him? We read in the Divine Comedy that Dante, embarking upon his unfamiliar journey, felt the need of an experienced guide and selected for this purpose one whom h~ was proud to call his master--the poet, Vergil. Following his example, we would be wise to search out an experienced master of the interior. life and learn froin him the answers to the three questions mentioned above. The names of many may come to mind, but surely there is one saint whose unique prerogatives stamp him as being pre-eminently suited to instruct and guide others in the way of interior growth. This is St. Joseph who, as Leo XIII said, is next in dignity to the Mother of God. (ParentheticaJly', it might be asked why" St. Joseph would be chosen in preference to our Blessed Lady as a guide in the development of the interior life. The answer to that question will be given later in this. paper.) The three Persons of the adorable Trinity dwell within every sou! living in grace. To each of these Persons the soul bears a special relationship which is indicated by the names which man has been inspired to confer upon Them. Man is the child of God, so he calls God ~Father." Through the mystery of the Incarnation and l~edemption, man can claim as his elder brother God the Son. And as man depends for his physical existence upon the breath of life, so he lives his super-natural life by the power of the Holy Spirit. The interior life of St. Joseph rested upon his unique relationship with each of the three Persons of the Blessed 91 SISTER EMILY JOSEPH Review for Religiot~s Trinity. In Father Faber's phrase, he was the "shadow of the Eternal Father." He was in men's eyes the legal father of Mary's child, Christ the Son of God. And he was the divinely selected spouse of the virgin who had conceived by the over-shadowing of the Holy Spirit. St. Joseph was too humble to be overwhelmed by the dignity thus conferred upon him. Like Mary, he pondered these mysteries deep in his heart. Small wonder that no recorded word of his has come down to us! How could the feeble tongue of man give utterance to the thoughts, too deep for words, which God's mysterious choice of him evoked? Here ii the first lesson St. Joseph would teach us, namely, not to make public the spiritual favors which God deigns to confer upon the soul, but rather, as the Imitation of Christ says, "to keep secret the grace of devotion." Each soul is uniquely loved by the Holy Trinity. For each soul God has a specially designed pattern of sanctity which will necessitate His conferring unique graces which can be neither shared nor understood by others. "The kingdom of God is within you." To the extent that one concentrates upon this interior kingdom, the external' world diminishes in importance. One gains spiritua{ perspective, the material becomes subject to the spiritual, and peace, the tranquility of order, ensues. In his first Epistle, St. John utters the uncompromising advice: "Love not the world, nor the things which are in the world . For all that is in the world is the concupiscence of the flesh, and the concupiscence of the eyes, and the pride of life" (I John 2:15-16). Herein lies the answer to the second question regarding the divine Guest of our souls, namely, What interferes with my attention to Him? Only mortal sin will drive away the indwelling Trinity and destroy the supernatural life. But the interior spirit can be reduced to what might be called a comatose state if its strength is sapped by the distractions of the world. One who embraces the religious life enjoys a comparative security against the allurements of the threefold 92 March, 1959 ST. JOSEPH concupiscence St. John mentions. Against distractions, how-ever, no one has yet found air-tight protection. And distiac-tions are the bane of the interior spirit. In general, distractions can be reduced to five categories. First, there are those which arise from the responsibilities and occupations of one's state in life. They may range from the problems faced by the community laundress or cook to thos~ of the college president or superior general of a large congregation. They concern matters Which the faithful ~s~rvant of his Lord must handle prudently and efficiently for the'good of souls and the harmonious functioning of community life. They may involve irritating, even exasperating, negotiations with unreason-able associates, either within or outside the "framework of religious life. "Here," one might be tempted to say, "St. Joseph has had no experience!" Such is far from the case. St. Joseph was' in business. He" had to earn a living and.support a family. Into his carpenter shop came customers of every type: those who challenged the price he set for a piece of furniture that had required expensive materials; those who came on one day with.one set .of directions for their new barn and the next day appeared with an entirely different plan. . Nazareth had its share of complainers, of inconsiderate and selfish add annoying townspeople. The .incidents which crowded into St. Joseph's day might be paralleled in the daily routine of many a religious. Amid them all he remained unperturbed. In each of his customers he saw a child of the 'Eternal Father, a brother of his foster Son, an actual or potential temple of the Holy Spirit: Thus he warded off the distracting irritations which cropped up like weeds in the course of his .business Iife. Many in religious iife are spared the anxiety of financial ~problems, but to many others they are a rich source of plaguing distractions. Those who are faced with responsibilities of this kind usually hold a position as head of a community. They should, then, turn confidently to St. Joseph, head of the Holy 93 SISTE~ EI~IILY JOSEPH Review for Religious Family, for advice as to how they can prevent this kind of distraction from interfering with the interior, spirit. "Discuss the problem with the Holy Trinity, as I always discussed such problems with my foster Son," St. Joseph says. "These prob-lems cannot~ be ignored; but they must not be allowed to assume an exaggerated importance. Keep first things first. Increase you~r love of the spirit of poverty, so dear to the divine Child who chose the chill cave of Bethlehem for His birth-place and a stranger's tomb for His burial. You must develop, too, unlimited trust in God's bounty and providence. Remem-ber the incident of the Kings' arrival in Bethlehem? ,The valuable treasures which they presented were entirely unex-pecte. d and provided for the traveling expenses for us dur!ng those days of flight into Egypt when I had no source of in-come, In all times of distress" learn to say: 'God can pro-vide; God did provide; 'God will provide!' " A third,, and fertile, source of distractions is what men in the world call ."politics." Within community life one is less often distracted by the political problems, of the world. The religious seem-to apply spiritual principles to this depart-ment of life with considerable facility. It is the question, "To whom will God.grant authority in this house where I must live n,e.xt year and how will he exercise that authority?" that yields a rich crop of distractions. Idle speculation upon the superiors to be appointed within the community, needless com-mentary (often uncharitable) about the policies and directives of superiors, resentful acceptance oi: the superior's decision --all this has the soporific effect of a powerful drug upon the interior life. The gospel presents an inspiring example oi: how St. Joseph would direct us to act in the face of an unwelcome, not to say unreasonable, order given by an unattractive superior.~ Picture the scene on a street corner in Nazareth when the proclamation of the proud Roman ruler, Caesar Augustus, was posted. The decree stipulated that every Jewi.sh citizen must go to 94 March, 1959 ST. JOSEPH the city. of his fathers and there be enrolled. Fiery resentment ran through the crowd as they read the. unexpected order. Impatient, critical remarks and sneers passed from one a.ngry Jew to the other. One in the.crowd, however,, re.ad the decree sil.ently, humbly.- ~For Joseph, it was an expression of God's will, made known to him through His legitimate representative. Granted, it would entail inconvenience and hardship for him-self and especi.ally for Maiy. Still, it was God's will and .with-out question, he set about complying with the order. From long practice, phrase ~after phrase from a .familiar psalm sprang to. his !ips: ".Behold I have longed after thy precepts; quicken me in justice . I am ready, and am not troubled: that I may l~eep thy commandments . Thy word is a lamp to my. feet, and a light to my paths. ~ I will rejoice at, thy.wqrd.s, as one that hath found great spoil" (Ps. 118: 40, 60, 105, 162). Could one seek a more excellent .guide for overcoming the obstacles to growth of the irlterior,spirit? The.distracti°ns just mentioned may well be avoided by the truly fervent, religious who ha~ gained ~a ~d.egree of mastery of th~ spirit of[ humble obedience. Yet he ~ay be less facile in avoiding distractions which arise from the lot common to the fallen sons of Adam, namely, sickness, trials, misfortunes, whether personal or pertaining to his dear one~: To love is to wish for the well-being of the beloved. How can one be otherwise than distracted when confronted with a serious situa-tion, say within one's family, which portends unhappiness, physical suffering, or spiritual danger from one bound by the closest of human ties? The answer is given by the very word "distraction" which comes from a Latin word that means "to draw in a different direction."" One who is intent upon the development of the interior life directs all his thoughts, all his desires, all his concerns ~and anxieties to the attention of the divine Guest dwelling within his s0ul. "My thbughts are not your tho[lghts, nor your way my ways," says the Lord (Isa. 55:8). The truly interior man strives ever more and 95 SISTER EMILY JOSEPIt Review .fo~" Religious more earnestly to think with the mind of Christ, to see God's hand in afflictions as well as in blessings, to recognize in the cross the sign of God's ineffable love. St. Paul makes explicit ¯ reference to this when he writes to the Corinthians: "In all things we suffer tribulation, but are not distressed: we are .strakened, but are not destitute; we suffer, persecution, but are "n.ot fc~rsaken;., though our outward man is corrupted, yet .the inward man is renewed day by day.~.~., . Winlie" we logk not ~at the things which are sden, but,:::a°~:."the¯ thir~gs ~vhich. ard not" seen. For.the things which are.%e~n, are temporai(¯:bfii~ the tl~ing~ which are not seen, are "etet~nal." ([I Cot. 4~'8ii1.'8) From the many trials which St:7!.-j:~seph experienced, may be selected, and studied with a"--.'~.k;ii~:w to seeing how a man . of truly interior spirit reacts to aglfi:~i0ns. Consider the loss of the .bo~, Christ on the trip to~::~erusalem. Imagine the parents' and anxiety when the' : ; ! covered absence. The anguish of St. Joseph may even"~.~Pe surpassed that of our LAdy since as head o~ the famii~.(~'~!:was regl~onsible for ~heChild." We do not read of.:hh~::~:b'fiiplaining, self-reproach, ¯or,a~omztng expressmns of ~rmf-:~'J'n~:almost every scerfe where .~. ¯ We meet him in the gospel;, St.' ~h~i3h shows himself a man -"~ " "bf a&ion. As soon as the Bo~,'s absence was diSco~;ered, he .~ ' '.bdgaff a vigorous search for Him. "Thy Father ~hd I," Mary ' . as to te!l her Son when¯ He was found, ~'have .sought thee ¯ ¯ .sorrowing (Luke 2:48). Within those distressing days and nights of searching, St. Joseph experienced all the desolation, : .the 'fearsome pain of loss endured b~ souls deprived of God's ":'.:.~ensible presence. Here was the crucial test of :his spirit of .,.7 ?:"iinterior prayer. May it not be, since .experience proves that ".:::.-;[:prayer is almost utterly":impossible in such affliction, that one i'].:~:.::.::[ i:.:!tingle phrase from a Messianic psalm constituted his three-'.,:prayer? ."My God, my God, why hast thou forsaken me?" (Ps. 21:2): .just asno one is immune from trials and thd distractions they beget, so~ no one c/in live in this world without sociM con- 96 March, 1959 ST. JOSEPH tacts. Man is constituted by nature a social being. Grace perfects nature. One must attain sanctity as a member of the Mystical Body. This is the whole tenor of the teaching of Christ, the import of His sacramental system, the design He instituted for His Church. Yet, paradoxically, social contacts are a prolific source of distractions for one who strives to live an interior life. In fact, all four categories 9~f distractions men-tioned above could be telescoped into this one. Every joy, every sorrow, every dFsire, every undertaking of the day elicits reactions from or is directed toward someone with whom we are associated. Holy can we possibly devote ourselves to the interests of. the other members of the Mystical Body and yet prevent them from inaking intrusions upon our interior.,iife? St. Joseph.directs us again, and his direction is that ofl 'a devoted Hebre~i~'ivho had penetrated deeply into the manner of serving God."." From the first pages of the book' of Genesis, man had worshipedGod by sacrifice. According to the pre-cepts of the Jewish law, Joseph offered the regularly prescribed ~ sacrifices. But more than that: upon the altar of his own :~ heart he offered constantly the joys, disappointments, toils, ¯ fears, and vexations that resulted from his social contacts. Joseph did not live in silent isolation. He lived close to Jesus and Mary; close, also,-to the townsmen of Nazareth, the strangers of Egypt; and too close, for comfort, to Herod! The man of interior spirit comes to the hour of sacrifice we~iring a "coat of many colors," woven of the threads of his daily social contacts. This garment clings to him closely, seems, in fact, to be part of him, and is part of the sacrifice of his entire self which the loving servant of God makes to his Lord and King. But, because in God's mercy he lives in the New Dispensation, he may unite his daily~ hourly sacrifice to the Holy Sacrifice of the Mass which is offered "from the riging of the sun to the going down" (Mal. 1:11). And even as, by the myst~ery o. transubstantiation, the bread and wine are changed int6 the Body and Blood of Christ, so the insignificant offering 97 SISTER EMILY JOSEPH Review for Religious of a tear, a smile, a headache or a heartache will be transformed and absorbed into the "clean oblation" so acceptable to the Lord. To grow in the interior life is to increase one's intimacy with the indwelling Trinity. There are certain positive meas-ures one can take, as is evident from the life of S~. Joseph, in order to secure this increased intimacy. Although they must bE mentioned successiv.ely, it is difficult to assign them an order bf importance. First there comes to mind, naturally, the silence of St. Joseph--not the silence of a taciturn man, but the reverent silence that accompanies worship. Noise, bustle, feverish confusion create an atmosphere inimical to the interior spirit. The mere absence of these elements, however, may denote nothing more stimulating than the stillness of a corpse. The silence, conducive to interior' growth must be. a vital, dy-namic force such as the silence which accompanies the falling of the dew, the germination of seeds, :the ripening of. ~vheat. "I will lead her into the wilderness: and I. will speak to her heart" (Osee 2:14). In hushed tones the divine Guest speaks of His love. In cool, tranquil silence He will be heard. Closely allied to this need for silence is the need for detachment. A poet of our own day, T. S. Eliot, has phrased it for us: Teach me to care and not to care; Teach me to sit still. This seems to have been St. Joseph's motto. For instance, w. hen the angel instructed him to return home from Egypt; the directions were vague, incomplete. Joseph pondered: Should he return to Bethlehem or Nazareth? His heart was unattached, he did not care; yet he did care: Would Bethlehem, now under the rule of Archelaus, be as safe for the divine Child and His Mother as was Nazareth? Prudence rather than the attractions of the place determined Joseph's choice of Nazareth. Again, ¯ when he first learned that Mary was to bear a child and the angel had not yet revealed to him the mystery of the Incarna- 98 March, 1959 ~ST. JOSEPH tion of the Word, Joseph showed that not even his beloved spouse was so dear to him that he would compromise his conscience. Only to God and to His law did he cling with resolute attachment. Several times in speaking of St. Joseph's conduct it has been intimated that there freqfiently welled up within his heart a phrase or passage from the familiar psalms of his royal ancestor, David. Like every other devout Jew, Joseph had learned these psalms as a young boy and recited them often at the prescribed hours of prayer. It is not surprising, then, that in times of trial, amid frivolous or .irritating ~ompany in his shop, or in the quiet, reposeful evenings at the little home in Nazareth the inspired words would be in his heart and on his lips as he turned his thoughts to the God he loved and with whom he wished to converse. For the interior man no prac-tice could yield richer rewards than the cultivation of similar familiarity with the virile, expressive prayers which the Church has wisely and artistically incorporated into the Divine Liturgy. The practice of ejaculatory prayer is close to this; but why settle for something less than the best? The psalms bear the infallible stamp of approval of Holy Mother Church who declares .them divinely inspired ~by the Holy Spirit. And now it is time to answer the question posed earlier in this paper. Why should St. Joseph be chosen in prefer-ence to our Blessed Lady as a guide in the development of the interior life? Simply because St. Joseph had something that our Lady never had and he can therefore teach it to us, namely, devotion to her! St. Joseph learned ~o love God more by watching Mary love Him. He learned to spe~k to God more effectively by joining his voice with hers. He offered a nobler service to God through serving her. Mary is more than a guide along the way to sanctity. She is the mediatrix of all graces. Joseph is an experienced, inval-uable guide, a master par excellence of the spiritual life; but one can achieve intimacy with the Holy Trinity without his 99 R. F. SMITH Review for Religious guidance. But Mary is indispensable since in the divine econ-omy (as most theologians hold) all graces flow to us through her. Hence, devotion to our Lady, Temple of the Blessed Trinity, holds a prominent place in the life of one who would grow in the interior spirit; and none can be found to surpass St. Joseph in de~otion to his beloved spouse, Mary the Mother of God. Survey Roman Documents R. F. Smith, S.J. THE FOLLOWING ARTICLE will survey the contents of Acta Apostlicae Sedis during the months of .October and November, 1958. Throughout the article all page references will be to the 1958 AAS (v. 50). Pius XII In the first two issues of AAS which appeared after the election and coronation of Pope John XXIII, the text of the speeches and addresses given by Plus XII in the last weeks of his life were published. On September 28, 1958 (AAS, pp. 745-48), Pius XII broadcast a message to the people of Ecuador on the occasion of the third National Eucharistic Congress of that country. He told the Ecuadorians that Christian life is innocence and openness in children; purity and moraliW in adolescents; integrity and fidelity in matrimony; unity and mutual help in the family; brotherliness and mutual respect among all human persons; justice, charity, and peace in social 'relations. But all of this, he pointed out, is impossible. without the strength that comes only from the Eucharist. In another radio message on September 17, 1958 (AAS, pp. 741-45), Pius XII spoke to the International Marian Congress held at Lourdes. He told the members of the Congress that in this critical hour Mary wishes to teach her children the true sense of human life by showing its relation to that other life which alone will give men true and perfect happiness. At Lourdes, he concluded, a window has been opened on heaven; and he begged his listeners 100 March, 1959 ROMAN DOCUMENTS to pray earnestly that hatred and discord may end, that the insolent voices of lust and pride may be stilled, and that the peace of Christ which surpasses all understanding may dawn upon the world. On August 29, 1958 (AAS, pp. 674-79), Pius XII delivered an allocution to the International Congress of the Third Order of St. Dominic, telling the tertiaries that they should be marked by the possession of St. Dominic's characteristic ardor for the defense of the Catholic faith; for the Church expects from them a collabora-tion as efficacious as was that of the saint at the time of the Catharist and Waldensian heresies. He exhorted them to a life of prayer, noting that though they could not give long hours to contemplation, still they could cultivate a permanent attention to the things of God by a devout study of Scripture, the liturgy, and patristic writings. Likewise he urged on them the necessity of an unceasing battle against everything that could be an obstacle to their full growth in the life of Christ within them. Finally, he encouraged them to participate in Catholic Action, pointing out the especial need for lay workers in Asia, Africa, and Latin America. The Pope con-cluded his allocution by suggesting to his listeners to keep before their minds the example of their patroness, St. Catherine of Siena. On September 14, 1958 (AAS, pp. 696-700), Pius XII addressed members of the International Office of Catholic Education. He warned them that for a school to be Christian it is not sufficient that it provide a course in religion or that it impose certain prac-tices of piety; in additon it is necessary that truly Christian' teachers communicate to their students the riches of a profoundly spiritual life. Hence, he added, the exterior organization of the school, its discipline and its program, must be adapted to the school's essential function of communicating an authentic spiritual sense. The students, he continued, should be" taught to unite them-selves to the life of the Church by participating in the liturgy and the sacraments; they should be initiated into works of the apostolate; and the horizons of the Church's missionary work should be opened to them. Moreover, they should be taught never to conceive their future careers .merely as social functions with no relation to their status as baptized Christians. Rather they should be trained to regard their future work as an exercise of their responsibility in the work of the salvation of the world, convinced that by seriously engaging themselves as Christians on the temporal level, they at 101 R. F. SMITH Review for Religion,s the same time realize their highest spiritual destiny. After express-ing his regret that Catholic schools do not always receive due support from public authority, the Vicar of Christ concluded by saying that the work of every Christian teacher is to announce the Savior to those who are ignorant of Him and to perfect those who already know Him. On September 9, 1958 (AAS, pp. 687-96), Plus XII addressed the members oi~ the International College of Psychopharmacology. In the principal part of his address the Holy Father considered the morality of using such drugs as chloropromazine and reserpine. Morality, he said, demaads first of all that there be the deepest respect and consideration for the human person, since a human being is the noblest of all visible creatures, made to the image of God by ci:eation and through redemption inserted into the Mystical Body of Christ. Even when afflicted by the severest of mental maladies, he added, the human person remains superior to all brute animals, for he continues to be a being destined one day to enjoy the immediate possession of God. The Pope then went on to summarize for his audience the moral teaching he had given in the allocutions of February 24, 1957 (see the summary given in gEVXF.w FOR RELIGIOUS, 16 [July, 1957], 228-33), and on April 10, 1958 (see gEV~F~W FOR RELIGIOUS, 17 [Sept., 19581, 293-96). A~ter expressing his regret that in some regions tranquilizing drugs are abused because they are at the free disposition of.the general publi.c, the Pontiff concluded his address by urging his hearers to continue their researches for the relief of human suffering. On September 5, 1958 (AAS, pp. 726-32), Plus XII addressed the International Society for Blood Transfusion, telling them that it is necessary to inform the general public about the laws of heredity, especially as they refer to the transmission of blood deficiencies and defects. Accordingly, he said, it would be good to organize bureaus of information and consultation like the Dight Institute in the United States where young people planning marriage could be informed about these matters. The Vicar oi: Christ concluded by noting that the Dight Institute does not aim to repress fecundity nor does it give information on the method to be used in "planning" families. A week later, September 12, 1958 (AAS, pp. 732-40), Plus XII spoke to the International Society of Hematology on the means of preventing the transmission of defective hereditary traits. The solu-tion to this pr6blem, he said, can not be found in artificial insemination, 102 March, 1959 ROMAN DOCUMENTS which is forbidden not only to the unmarried, but also to the married. Neither is voluntary adultery permissible, since no married person may put his conjugal rights at the disposition of a third party. Like-wise direct sterilization may not be utilized; for such sterilization, whether temporary or permanent, whether of the man or woman, is illicit by reason of the natural law. The Pope added, however, that in given cases indirect sterilization may be permitted. Thus if all the conditions of the principle of. double effect are present, a woman may at the direction of her physi.i:ian take certain types of pills to cure a malady of the uterus, even though the pills may cause temporary sterility. After expressing his alarm about the favorable reaction of some moral theologiang to recently discovered drugs that can be used to induce sterility, the Pope went on to condemn artificial birth control. He pointed out, however, that the Ogino-Knaus method is morally justified if it is used for proportionately serious reasons, adding that eugenic considerations may be such. He praised the practice of adoption, .remarking, however, that it is necessary that children of Catholics be given to adoptive parents who are also Catholics. In the latter part of' his allocution the Pope pointed out that while one might advise against marriage between persons with a hereditary blood defect, still one could not forbid such a marriage, since the right to marry is one of the fundamental rights of the human person; moreover, in this whole area it must always be re-membered that men are not generated primarily for earth but for heaven. The Vicar of Christ also said that if a married couple discovered after their marriage that they possessed the blood defect characteristic of Mediterranean regions, this discovery would not in-validate their marriage, unless the absence of every hereditary defect had been made a condition of the marriage contract. Similarly, the "Rh situation" can not be regarded as a reason for the nullity of a marriage, even when this situation results in ~he death of the children from the first pregnancy; for the object of the matrimonial contract is not the infant, but the right to the accomplishment of the natural marriage act. On August 17, 1958 (AAS, pp. 701-05!, Pius XII broadcast a message for the conclusion of the traditional Catholic Week held in Berlin. He t61d his German listeners that the city in which they were meeting was a symbol of a divided people; nevertheless, as he reminded them, the days they had just spent together should show 103 R. F. SMITH Review for Religious how communion in a common faith can unite them in spite of all material barriers and frontiers. He urged the Catholics of West Germany to increase their generosity to the refugees from the East and exhorted Catholics living in the Communist zone of Germany to do everything in their power to attenuate the effects on their children of schools that are without God and against God. Finally he pleaded with his listeners not to separate religion from life. It is always difficult, he said, to make a man a Christian; and this is doubly so today since the age of technique we live in can easily make men lose sight of spiritual and supernatural values. Christians today, he added, are much like Christians of the primitive Church--almost suffocated in a milieu of paganism. Catholics, therefore, of today need heroism to so live that they may be the s~It of the earth. On September 7, 1958 {AAS, pp. 679-83), Plus XII addressed the International Congress of Classical Archaeology, remarking on the constant interest of the Papacy in archaeology and pointing out that much in the pre-Christian era was a preparation for the coming of the Gospel message. On September 8, 1958 {AAS, pp. 683-87), the Pontiff addressed the International Congress of Judiciai~y Officials, advising them to be diligent, precise, and impartial in their work and urging them to be deeply aware of the inalienable rights of God over men and human affairs. The last document to be noted from AAS of this period as coming from the authority of Plus XII is a decree of the Sacred Congregation of Rites, approving under the date of May 24, 1958 {AAS, pp. 711-12), the reassumption of the cause of Blessed Joseph Mary Tommasi (1649-1713), confessor, Theatine, and Cardinal of the Holy Roman Church. John XXIII The remaining pages of the issues of AAS during the period under survey were concerned with the details of the death of Plus XII (AAS, pp. 761-836) and the election and coronation of John XXIII (AAS, pp. 837-908}. During the course of the latter events, the new Pope had occasion to make four addresses which should be noticed here. Immediately after his election on October 28, 1958 (AAS, pp. 878-79), the newly elected Pope addressed the Cardinals of tl'ie conclave, giving them the reason why he had chosen the name of John. It was, he said, the name of his own father; the church of his baptism had borne the same name, as do innumerable churches throughout the world including the Lateran Basilica. Moreover, the ¯ name John was the one most used by Popes in the long history of 104 March, 1959 ROMAN DOCUMENTS the Papacy. Besides, he added, St. Mark, patron of Venice, also bore the name of John. But above all, he concluded, he had chosen the name because it was the name carried by the two men closest to Christ: John the Baptist and John th~ beloved disciple. The second address of John XXIII was given on October 29, 1958 (AAS, pp. 838-41), when the Pontiff broadcast a message to the entire Catholic world. After addressing all members of the Church, especially .those suffering persecution, the Holy Father gave striking evidence of his desire to work for peace. He called on the leaders of the world to work for peace rather than war, pointing out to them, however, that external peace can never be had unless men first enjoy peace within themselves. During the Mass of his coronation on November 4, 1958 (AAS, pp. 884-88), the Vicar of Christ delivered a homily in which he said that in his coming pontificate he would strive to achieve one thing more than anything else: to be a good pastor and shepherd for the entire flock of Christ. A d.ay later (AAS, pp. 900-902}, John XXIII spoke to the representatives sent by various countries to his coronation, reiterating to them his desir~ to work for peace. Three other documents concernifig John XXIII should be noted here; the first two (AAS, p. 904) give the text of telegrams sent by him to Cardinal Mindszenty and to Cardinal Stepinac, who were unable to attend the conclave; the third document, issued under the date of November 17, 1958 (AAS, pp. 905-06), is a letter to Monsignor (later Cardinal) Tardini, appointing him Secretary of State. This survey may be fittingly concluded by listing here the im-portant dates in the life of the new Pope as given in AAS, p. 902: Birth at Sotto il Monte, Italy--November 25, 1881 Priesthood--August I0, 1904 Domestic Prelate--May 7, 1921 Titular Archbishop of Areopolis--March 3, 1925. Consecration as archbishop--March 19, 1925 Apostolic Visitor--March 19, .1925 Apostolic Delegate--October 16, 1931 Titular Archbishop of Mesembria--November 30, 1934 Apostolic Nuncio--December 23, 1944 Cardinal--January 12, 1953 Patriarch of Venice--January 15, 1953 Election as Pope--October 28, 1958 Coronation--NovemBer 4, 1958. 105 Views, News, and Previews ~'~EVIEW,,FOR RELIGIOUS hopes to make "Views, News; and I'~Previews a standard part of each of its issues. In it will be published brief items concerning matters of interest to religious, such as anniversary celebrations of the founding of religious orders and congregations, educational and hospital matters, letters to the editor, and so forth. Readers of the R~.\,~Ew are encouraged to send such items to the editor. No such items can be returned to the sender nor can the l~Ev18w guarantee publication of any particular item. In 1956 the National Institute of Mental Health awarded Loyola University, Chicago, a five-year grant for developing mental health curricular materials for Catholic seminarians. After almost three, years of research and development, the Loyola Project, is now prepared to make public its preliminary work. The materials prepared by the Project on Religion and Mental Health are intended for eventual use in training men for the priesthood. The overall purpose in preparing the materials is to bring the facts and accepted conclusions of the behavioral sciences'to bear on the training and work of the con-temporary priest. When the materials have been completed and tested, they will be offered for use in Catholic seminaries throughout the country. The Loyola Project is under the direction of the Reverend Vincent V. Herr, s.J., and the Reverend William J. Devlin, S.J. Further details about the project may be obtained from either Father Herr or Father Devlin, at Loyola University, 6525 Sheridan Avenue, Chicago 26, Illinois. Father Joseph Lamontagne, S.S.S., is interested 'in obtaining a list of books that would help spiritual directors to prepare a can-didate for entrance into religious life. Father Lamontagne is interested in the matter because he is convinced "that a number of candidates fail to make the grade because of lack of sufficient preparation." Readers of the REw~.w who know of such books should write to Father Lamontagne at 184 76th Street, New York 21, New York. Registration for the summer session at Dominican College, San Rafael, California, will take place on the afternoon of June 27; classes 106 VIEWS, NEWS, AND PREVIEWS will begin on June 29 and extend until August 8. Besides'offering a complete program of undergraduate work, M.A. programs will be offered in biochemistry, education, English, history, and religion. The College also offers a five-year summer program' in theology and Scrip-ture; the program leads to either an M.A. degree in religion or a certif-icate in theology and is under the direction of the Dominican Fathers. The College will also offer for the sixth consecutive summer the Confraternity of Christian Doctrine Leadership course. Campus resi-dence is available for sisters and lay women; for priests and brothers there is the possibility of residence with the Marist. Fathers. For further information write to: Sister M. Richard, O.P., Director ot~ Summer Sessions, Dominican College, San Rafael, California. The forty-fourth annual convention of the Catholic Hospital Association will be held May 30 through June 4, 1959, in St. Louis, Missouri. The theme, of this year's convention will be "Management --A Sacred Trust." Some of the topics to be discussed at the con-vention are: management's effect on patient care: the management function of the department head or supervisors; personnel selection, placement, and motivation; management of materials, machines, and money; management of hospital markets; the importance of the in-dividual in intra-departmenfal and external hospital public relations; a program on management from the viewpoint of the mother house; a review of social changes that will be affecting the hospitals of the future; and ways of making the Catholic hospital more Catholic. Blessed Joseph Mary Tommasi, whose cause for canonization is noted in this issue's "Survey of Roman Documents," was born at Licata in Sicily on September 12, 1649. He was the eldest son of Duke Julius Tommasi of Palma; at fifteen he renounced his primo-geniture rights and entered the Theatine order at Palermo where .he was professoed on March 25, 1666. He was ordained priest in, 1673; and from that year until his-death he lived at Rome, principally at San Silvestro al Quirinale. He was one of the most learned men of his time, specializing in .scripture studies, ecclesiastical history, patristics, and especially Roman liturgy; in the last named branch of studies he is still an important authority. On May 18, 1712, he was created a cardinal. After a life of great austerity and charity, he died on Jan-uary 1, 1713. He was beatified by Pius VII in 1803 and is com-memorated on March 24. 107 QUESTIONS AND ANSW~.RS Review for Religious Saint Xavier College, Chicago, announces its twelfth summer-session Theological Institute, June 22-July 31. Two programs are offered: 1) A five-summer program leading to the Master of Arts Degree conferred by the Dominican College of St. Thomas Aquinas of River Forest, Illinois. 2) A three-summer program leading to a certificate in theology, Sacred Scripture, and canon law. Priests, brothers, and seminarians, as well as sisters, are admitted to both programs. The Reverend Reginald Masterson, O.P., Professor of Theology at St. Rose Priory, Dubuque, Iowa, Director of the Institute, and twelve Dominican Fathers comprise the teaching staff. For further information address: The Director of the Summer Session, Saint Xavier College, Chicago 43, Illinois. Question,s Answers [The following answers are given by Father Joseph ~. Gallen, S.J., professor of canon law at Woodstock College, Woodstock, Maryland.] m5-- Why do we have so many outstanding novices and so many mediocre religious? This is certainly a large question. Some religious fortunately rise above their formation; but ordinarily the mature, cap'able, pro-gressive, and spiritual religious is had only by a suitable, competent, and sufficiently prolonged formation. It is obvious that all aspects of such a formation have been lacking in many institutes. Novice masters can so readily mistake external regularity for an interior life. Perhaps no principle of the movement of renovation and adaptation is of greater value than the insistence on individual formation and the necessity of a spirituality founded on personal conviction. The latter, ordinarily speaking, is the measure of the permanence of the novice's "spirituality. "The same thing happens in many of our young men that we encounter in so many Christiins of our day. They were born, grew up, and lived in an atmosphere that was Christian more by tradition than by conviction. There are so few Christians of conviction and of life; they so readily fall before difficulty and sacrifice. Many of our youth when assigned outside the house of formation, placed in contact 108 March, 1959 QUESTIONS AND ANSWERS with the life and spirit of the world, and deprived of the aid of living in a house of studies gradually descend to making a pact with a mediocre life. Others, and they are not so few, collapse after scarcely one conflict of soul. Others, and not always the more nu-merous, retain their fervor." Reverend A. Cecchin, O.S.M., Acta et Documenta Congressus Generalis de Statibus Perfectionis, III, 155-56. "To form the moral judgment the mistress will devote herself to making" her subjects understand the justification for the regula-tions and customs to which they are subjected. While leading them to obey supernaturally, even without understanding, she will try as far as possible to do away with the automatism which leads religious to fulfil the tasks assigned to them without caring about their pu.r-pose or their value. In order to form the conscience permanently, it is essential that she should not be satisfied with forming habits devoid of all convictiofi which disappear in a changed environment as soon as the surroundings of the novitiate have been left. Without tolerating the spirit of destructive criticism it is necessary to develop moral convictions which prevent routine from depriving one's cuso tomary actions of their spiritual value and their attractiveness." Rev-erend Reginald Omez, O.P., Religious Sisters, 235-36. ¯6- Our constitutions state: 'tin affairs of minor importanc% it is always advisable for the mother general to ask the opinion of her councilors but she is not obliged to follow it." Isn't this article too restrictive of the authority of the mother general? Any superior is evidently obliged to seek the consent or advice of his council when this is commanded by canon law or the con-stitutions. The practice of the Holy See in approving constitutions places great emphasis on the office of councilor, and the constitu-tions usually recommend that any superior should seek the advice of his council in 'other important matters. This recommendation should be followed even when it is not contained in the constitutions. The only matters that remain are those of lesser importance and of no real importance. It is evidently restrictive of the authority of a superior even to recommend that he seek .the advice of his council ¯ in such matters. He would then be deprived of almost any power of acting without the advice of his council. Therefore, the article quoted above must refer only to matters of relatively greater im-portance. 109¯ QUESTIONS AND ANSWERS Review for Religious --7-- Is there any law of the Chur~:h on the color of the glass of the sanctuary lamp? The Code of Canon Law (c. 1271) does not legislate on the color of the glass of the lamp that is to burn constantly ~before the tabernacle in which the Blessed Sacrament is reserved. Therefore, car~onists and moralists do not discuss this topi'c at a~ny length and very frequently do not even mention it. On June 2, 1883, the Sacred Congregation of Rites replied in the affirmative to the.follow-ing question: "May the usage be tolerated of using lamps of glass that is not transparent or translucent but colored, for example, green or red?" (SRC, 3576, 5). It is certain from this reply that colored glass, and in particular green or red, is tolerated. Some canonists, moralists, and rubricists affirm that such colored glass is permitted. The reply does not prescribe but evidently presupposes as preferable transparent or translucent (clear) glass. Therefore, the literal sense of the one law of the Church on this matter is that clear glas.s, is p.referable but colored glass, and in particular green or red, is tolerated. Another argument for the clear glass is that white is the liturgical color of the Blessed Sacrament, and this is undoubtedly the reason why clear glass is preferred in the reply of the Sacred Congregation of Rites. Because of thisofficial reply and the color of the Blessed Sacrament, liturgists and specialists in church building and furnishings are more apt to emphasizd the ~lear glass. O'Connell- Fortescue, The Ceremonies of the Roman Rite Described, 6. note 5: "The glass of the lamp should be white but colored glass is toler-ated.': O'Connell, Church Building and Furnishing, 235: "The glass of the lamp that burns before the tabernacle should be white (the color of the Blessed Sacrament), but colored glass is tolerated." Directions for the Use of Altar Societies and Architects, 35: however, the glass vessel is visible, it should be of white (clear) glass, which is the liturgical color of the Blessed Sacrament, though the use of colored glass is tolerate~d.'' Anson, Churches Their Plan and Furnishing, 112: "Most liturgical authorities recommend that the glass vessel . . . should be white, this being the color associated with the Blessed Sacrament, according to Roman usage. The Sacred Congregation of Rites has tolerated lamps of colored glass, e. g., red, blue, green.". O'Shea, The Worship of the Church, 195: "White or clear glass is to be prel%rred to colored, although that is 110 Marc]~,1959 QUESTIONS AND ANSWERS tolerated." Reinhold, The American Parish and the Roma~r Liturgy, 25-26: "Sermons have described how the iittle red light gives the Catholic churches an animated character, their climate of divine presence, and how visiting Catholics feel at home and called to prayer wherever the 'little red light' shows that the church is 'in-habited' by God. Actually, however, the sanctuary lamp should not be red but colorless . Thus, this is not only a law but also an observance against our own modern custom, and this for the very important reason that separate colors have a symbolical meaning. Colored lights are never to be used for the Holy Eucharist in any form whatsoever because the Body and Blood of the Lord, the ful-heSS and source of all sanctity, is to be symbolized by an unbroken or full light which more properly signifies the divine presence. The components o~ white or the partial colors Imade visible through a prism or in a rainbow) are fit to represent only partial sanctity or holiness by participation. If we use externals to point to spiritual realities at all, we ought to use the correct ones." I do not see why white, the color of the Blessed Sacrament, is not verified by a white as well as a clear glass. The former can appear to give an even whiter light. For the same reason, it can be held that a white glass is in accord with the preference of the Sacred Congregation of Rites. As is evident also from the quota-tions given above, not all the authors who place greater insistence on a white glasg understand this term exclusively in the sense of a clea'r glass. My conclusion therefore is that, because of the official reply and' the color of the Blessed Sacrament, either white or clear glass is preferred; any other color is only tolerated. At the Venl sanctlficator of the Offertory and at the Last Bless-ing in Mass, does a priest begin the gestt, re of extending-elevating-joining the hands from the table of the altar or from his breast? From his breast. The rubrics state clearly for both of these occasions that the priest is to stand erect before he begins the gesture. (Ordo et Ritus Servandus in Celebratione Missae, VII, 5; XII, 1) It would be a highly peculiar gesture if the priest, while standing erect, were to begin the extension ~of the hands from the table of the altar. {Cf. Van der Stappen-Croegaert, Caeremoniale, II, De Ce!ebrante, 16; De Herdt, Praxis Liturgica, I n. 140; De Carpo-Moretti. Caeremoniale, n. 325) 111 QUESTIONS AND ANSWERS Review for Religion, s 9 May the head be bowed in making a simple genuflection?" Neither the body nor the head is to be bowed in any simple genuflection (on one knee), not even when the holy name is said while genuflecting nor in the genuflections at the Consecration (Cf. J. O'Connell, The Celebration of Mass, 260, and note 88). 10 Our constitutions .state: "It is the duty of the tellers to take care that the ballots are cast by each elector secretly, carefully, individually and in the order of precedence (Can. 171, ~ 2)." What is the meaning of "carefully"? The sense of "carefully" or "diligently" is obscure, and this term is therefore often omitted from constitutions. The several meanings given by authors are that the tellers should perform their duties carefully, so that there may be no reason for complaint; without loss of time and "with a careful handling of the ballots; that they should be vigilant lest any voter cast more than one vote or extract any vote already cast; and that they should carefully examine and record each vote. Our reception of the habit, first profession of temporary vows, renewals of temporary vows, p~rpetual profession, and public devo-tional renewals of temporary and perpetual vows a!l occur at Mass. On such occasions, is the priest obliged to say the Leonine Prayers after a low Mass? It is at least safely probable that he may omit the prayers after Mass on all these occasions because of the extrinsic solemnity added to the celebration (Cf. J. O'Connell, The Celebration of Mass, 179; Mueller-Ellis, Handbook of Ceremonies, 100; Wuest-Mullaney-Barry, Matters Liturgical, 442; Van der Stappen-Croegaert, Caeremoniale, II, De Celebrante, 130; Callewaert, Caeremoniale, 120, 14; De Amicis, Caeremoniale Parochorum, 157, note 81). I read the following article in the constitutions of a congregation of brothers: "The management of the temporal affairs of the house, tb~t is, the acquisition of the necessary provisions and clothing and tb~ repairs of the building may be entrusted to his supervision [the l-,'al brother assistant]. He shall therefore see to all these things 112 l~larch, 1959 QUESTIONS AND ANSWERS according to the instructions given to him by the local superior." Wouldn't it be advisable for congregations of sisters to adopt such a delegation of authority? Yes, at least in the larger convents. All are urging a more maternal and spiritual government, but few are giving any attention to the overburdened local superior. She is usually also the bursar; principal of the school; has the care of the material condition and all material necessities of the convent, scl~ool, and members of the community; and is burdened also by the swarming minutiae of lesser permissions and minor disciplinary matters. This practice is harmful to maternal and spiritual government and to the general efficacy and dignity of the office. The burden could be sensibly lightened by delegating such matters as the maintenance and ordinary repairs of the convent and school, the usual material necessities of members of the community, lesser permissions, and minor infractions of re-ligious discipline to the local assistant. 13¸ Why do we stand for the /lngelus at noon on Saturdays during Lent? The Regit~r~ ~'~eli, which replaces the ~lngclt~s during Paschaltide, is always said standing. The ,'lngelt~s is said kneeling except from Saturday evening until Sunday evening inclusive. The reason for standing during Pa~chaltide is aptly explained by Jungmann, Public Worship, 202: "As early as the second century people regarded not merely the first week after Easter but the entire seven weeks which followed Easter as a festal time. They called it Pentecost; the name referred not just to its concluding day ('the fiftieth') but to the whole period. During this time no one was to fast; nor should one pray kneeling, but only standing, because we are all risen with Christ. In consequence the l"le~'tr~mus ge~ua was never used at this time. And that is why to this day we still pray at least the antiphon of our Lady (Re~/i~t~ cac/~) only while standing up. The same law applies also, and for the same reason to the Sunday and the Sunday ,4~tgclns." The same law applies because Sunday is the memorial day of the Resurrection (ibiJ. 10). CabroI, Liturgical Prayer, 81-82, expresses himself in similar fashion: "St. Irenaeus, in the second century, well explains this: 'We kneel on six days of the week in token of our frequent fails into sin; but on Sundays we remain,standing as if to show that Christ has raised .us again and 113 QUESTIONS AND ANSWERS Review for Religious that by His grace He has delivered us from sin and death.' " The liturgical day is computed from Vespers to Vespers. Since during Lent Vespers in choir are said before noon, the /Ingelus is said standing at noon also on Saturdays during Lent. The same norm 6f standing and kneeling applies to the final antiphon of the Blessed Virgin Mary in the Office. A genuflection at the words, "And the Word was made flesh," is neither prescribed nor forbidden. The form of the gngelus and the indulgences for its recitation~ may be found in the Raccolta, n. 331. --14- Is the indulgence lost by any change whatever made in an indulgenced prayer? Canon 934, § 2 reads: ". but the indulgences cease entirely if there has been any addition, omission, or interpolation [in the prayer]." However, on November 26, 1934, the Sacred Penitentiary replied that these words of canon 934, § 2 were not to be under-stood rigorously as applying to any additions, omissions, or changes whatsoever but only to such as changed the substance of the prayers. (Bouscaren, Canon Law Digest, II, 236) ~ 'hat is the law of the code on discussions by religious capitulars concerning those competent for elective offices? A private or public discussion among the "capitulars on the merits and demerits of particular persons for the 'offices to which the elections are to be made is not mentoned in the code and consequently is neither commanded nor forbidden by canon law. The constitutions of lay institutes often contain a statement to the effect that prudent consultation regarding the qualifications of ~hose eligible is pe.rmitted within the bounds of justice and charity. Such consultations are at least very frequently necessary, for example, the religious of the United States will rarely know the religious of England, France, or Germany who have the qualifications necessary for a superior general. This is almost equally true of any large institute or province. In a small institute or province such consultations will not be generally necessary, but even in these some individual electors will often find it necessary to consult and seek information ~on those qualified. It is also true that even in a smaller institute those of one age level, locality, or field of work are often 114 March, 1959 QUESTIONS AND ANSWERS ignorant olc the abilities and accomplishments oF rhose olc osher levels, localities, and fields of labor. It is rarely expedient to hold such discussions publicly in an assembly of the capitulars. They should consist of private discussions among a few or of individual consultation. These consultations are to be limited to a sincere seeking and giving of information on the abilities and defects of particular persons insofar as these are necessary or useful for forming a judgment on the suitability° of the person for the office in question. They should be Free oi~ any persuasion or even of counselling a capitular to vote for or against anyone. The common and greater good of the institute should be the motive. All motives oF mere personal Friendship or aversion, oF pushing a religious because he is from one's own province oi" country, as also and especially the formation of blocs or parties are dearly out of place. --16-- Our constitutions state that there are to be two councilors in every formal house and a bursar in every house. Must there be a bursar also in non-formal houses? Yes, and this is an obligation of the Cod~ of Canon Law. A formalI house is a religious house in which at least six professed religious reside, of whom, if it is a clerical institute, at least four must be priests (can. 488, 5°). Canon 516, § 1 commands that at least formal houses are to ha(,e councilors and recommends that smaller houses also have councilors. Non-formal houses of lay institutes more frequently follow this recommendation by having one councilor in these houses. Canon 516, ~ 2 states absolutely, without any distinction of formal and non-formal houses, that there is to be a local bursar i:or every house. Therefore, there is to be a local bursar also in non-formal houses. Canon 516, § 3 enjoins that ordinarily the office of local' superior is to be separated from that of local bursar but permits the combining of the two offices in the one person when this is demanded by necessity. Even if the~ particular constitutions affirm that these offices are absolutely in-compatible, they may be combined in a case of necessity. (Cf. Larraona, Commentarium Pro Religiosis, 10-1929-36, note 713) Vari-ous terms are used for the bursar in different constitutions, for example, treasurer, procurator, procuratrix, stewardess, econome, economa, administrator, administratrix, and so forth. 115 Book Reviews [Material for this department should be sent to Book Review Editor, REVIEW FOR RELIGIOUS, West Baden College, West Baden Springs, Indiana.] PROCEEDINGS OF THE 1957 SISTERS' INSTITUTE OF SPIR-ITUALITY. Edited by Joseph E. Haley, C.S.C. Notre Dame, Indiana: University of Notre Dame Press, 1958, Pp. 387. $4.00. The 1957 Institute of Spirituality for Sister Superiors and Novice Mistresses, sixth of these summer programs, has its proceedings collected into this handy volume. Those not able to attend may thus participate in some of its benefits. Moreover, those who were there may refresh their memories from this volume and in it study the ideas put forth in their objective reality, free from the coloring of local personalities and enthusiasms. The purpose of these pro-grams is "to provide . . a deeper and clearer understanding of the theological and canonical principles basic to the religious life." Since, the preface argues, "an unfortunate dichotomy between the apostolate and [personal and community] spirituality exists in' the minds of too many religious and in the very program of formation," the 1957 Institute "sought to dispel this misunderstanding and further the integration of the two aspects of the Christian life by exploring the whole province of the apostolate as the contifiuation of the Redemptive Mission of Christ in His Mystical Body for the glori-fication of the Father and the salvation of mankind. Guided by faith ~nd inspired by hope and charity, the apostolate is a fulfilling of the Divine Will and a powerful means of personal sanctification and community development." Certainly the organizers of this Institute are to be congratulated on their realistic choice of theme as well as for their orderly programming of talks closely connected with the general subject of the sessions, not to mention their never-to-be-sufficiently-praised in-terest in the spiritual life of American religious women. Like most proceedings, however', the various contributions are of unequal value. As readings, too, they suffer from their oratorical quality, invaluable in the assembly hall but deleterious to their natural appeal as material for private study (though, logically enough, they are, in part at least, not unsuitable for public reading--say in the refectory). This is no fault. Everyone knows it is of the nature of proceedings to have a certain bombastic quality which the mind privately reading 116 BOOK REVIEWS abhors, for example, page 177; ". . . when our buoyancy and optimism and trust and confidence is put to the ultimate test . " Father Louis J. putz, C.S.C., a determined foe of unrealistic spirituality, lays out on a thought-through, carefully written basis the theology of the apostolate. His presentation is solid, occasionally witty: "No one can deny that the lay apostolate is very much in the air. Unfortunately, for many priests and religious, they would just as soon see it stay there." He speaks first of the mission of the Church in the twentieth century, that is, to continue to effect the Incarnation, in the wide sense of the word, of the Second Person of the Blessed Trinity. He lays down the general lines of the program of :the Church, but with theological insight and enough concrete illustration to give his outline more reality and vitality than such roughly limned sketches usually have. Through the second chapter Father Putz expounds on the mission of the Word. There are many points, here particularly, where he shows how practical attitudes have to be the result of dogmatic tenets, He goes on to treat in a theologically penetrating way the mission of the people of God. In dealing with the personal and institutional apostolate and with apostolic spirituality, he makes practical sugges-tions, showing in his attitudes the influence of the writings of Car-dinal Suhard, whom he cites in his bibliography. Finally he considers the influence of religious on the lay apostolate and pronounces some good dos and don'ts. In general, the sweep of Father Putz's thoughts, their direction, is not as striking as some of his excellent insights. And a littie more care on the editor's part would have eliminated the verbatim repetition of a full paragraph of Father Putz's matter; see pages seven and thirty-eight. Father Elio Gambari, S.M.M. ("Recent Decrees of the Holy See Regarding the Apostolate"), undertakes to explain the Church's mandate for religious as well as the connection between the aposto-late and the spirituality of an institute. While he does not do this at a purely juridical level, his general orientation is more there than anywhere else. A member of the Sacred Congregation of Religious, Father Gambari speaks with prudent authority relative to the historical and actual juridical position of religious institutes in the life of the Church. Father Charles J. Corcoran, C.S.C., has as his subject "The Apostolate as a Means of Sanctification." Though as a section this part of the Institute is more carefully edited than some other parts, 117 ]300K REVIEWS Review for Religious his first conferences are perhaps a little too sermon-like to effectively embrace subject matter useful to the purpose of the whole Institute; moreover, his explanation of the apostolate as a means to the sanctification of the individual never quite "jells" in spite of the fact that he is given additional opportunity to clarify his position by a question put to him on this point. Father Corcoran, however, makes some excellent points in insisting that the emphasis of novice-sl~ ip training be more on principles than on minutiae of observance. Moreover, in his conferences on prayer there is a short exposition of the method of the school of Cardinal de Berulle, an explanation which, for clarity and brevity can scarcely be surpassed. Sister Mary Emil, I.H~M. ("The Apostolate of Teaching"), pro-vides some high points of the sessions. She speaks with a deep, inner understanding, enthusiasm, and (except where she places St. Jerome in the wrong century--a slip surely) learning. Her well-documented and, statistically speaking, solidly based analysis of the present teaching situation in Catholic schools gives her the opportunity to make suggestions which wise superiors surely will consider. One telling point (to give an example) is where she says, "Our retreats could have interpreted our work and its integration for us, but often they did not, because the masters ,.0ere not teachers themselves o'r did not know we had this problem." Wise retreat masters will follow such a useful suggestion from the floor. Another example of her penetrating insight is had where, in speaking of vocations to the religious life, she discards as useless the notion that God has only old-fashioned graces for modern girls. Father John J. Lazarsky, O.M.I., speaks on the subject of hospital and social work. However, he comple.tely avoids treating the second part of his subject.' It is clear from what he says that his 'experience in hospital work has been first-hand, extensive, and valuable. It is also clear that he made extraordinary efforts in his proximate preparation for the talks by. gathering useful data. One feels, nevertheless, that there was a deficiency in or omission of what should have been the next stage in the development of l~is material-- a calm period in which to assimilate it and to extract useffil con-clusions from it. Teaching catechism is the subject on which Father Joannes F/ofinger, S.J., expresses some personal views. Sympathetic as one should be to some of the aims the veteran missionary has in mind, one wonders whether or not some generalizations in his criticisms 118 March, 1959 BOOK REVIEWS of contemporary method may not be too universal, some of his projected substitutions too vague. Be that as it may, his views, or rather his enthusiasm, can stimulate constructively critical attitudes in us and prevent deadly humdrum from enervating our use of methods which, though they have proved effective in the past, need" constant evaluation for their effectiveness in the present situation and equally constant adaptation to current problems.--EAgL A. V~E~S, S.J. THE CHALLENGE OF BERNADETTE. By Hugh Ross William-son. Westminster, Maryland: Newman Press, 1958. Pp. 101. $1.95. The Lourdes Ceatenary has been another great triumph of Mary. To a happily surprising degree, it has been also the'triumph of her confidante, St. Bernadette. The new books about her have been many; and they are good--so good that her friends read them one after another, with unflagging eagerness. Properly speaking, Hugh Ross Williamson's Challenge of Berna: dette is not another life, but a powerful interpretation of her life, and of Lourdes, as a divine sign of the truth of the Christian revelation in the face of a contradicting world. The author is perfectly at home in the literature of his subject and master of the historical, cultural, and theological background. ,He writes with the ' style of an experienced man of letters. In this brief review only two points can be singled out. By a remarkable combination of hard-headed realism and of perceptive gentleness, Williamson makes a positive, importanv contribution toward a better understanding of the characters who surrounded Bernadette and .trie~d her mettle. This applies especially to his treatment of the Abb~ Marie-Dominique Peyramale, her parish priest, and of Mother Marie-Th~r~se Vauzou, her novice mistress, They are redoubtable figures; but they have their qualities, just the same-- qualities which Bernadette valued highly. The other point is simply the main theme of the book brought to its focus. The challenge of Bernadette is the challenge of a saint who lacked everything the world covets and admires. It is the simple integrity of her Christian faith and piety, divinely sealed by the charism of miracle. It is Mary's challenge and Bernadette's to a world that isalways bringing upon itself the wages of its self-conceit~ It is God's challenge, through them, to repent; for the Kingdom of Heaven is very near at Lourdes.--EDGAg R. SMOTHERS, S.J. 119 BOOK REVIEWS Review for Religious LIKE A SWARM OF BEES. By Sister M. Immaculata, S.S.J. Second Printing. Buffalo, New York: Mount St. Joseph Mother-house, 1958. Pp. 213. $3.50. The Sisters of st. Joseph of Buffalo here have their history recounted right back to the days of three hundred years ago when a good bishop of Le Puy in France and Father Jean Pierre Medaille, S.J., collaborated to provide initial inspiration and impetus. The newness of the way of religious life begun by these sisters shocked narrow traditionalists at first; but criticism eventually had to grow silent, as it always does, in the face of good works blessed with God's graceful favor. The book will be of particular interest to those who work with these sisters and would like to know more of their spirit, and local history or to those who aspire to join their zealous ranks.--EAgI. A. WEIs, S.J. GOD'S HIGHWAYS. By J. Perinelle, O.P. Translated by Donald Attwater. Westminster, Maryland: Newman Press, 1958. Pp. ix, 339. $4.25. When a distinguished writer turns, for a change, to the work of translation, the reader is assured of a resulting product worthy of his best attention on a double count. Donald Attwater has enriched our vocation literature with an English classic in God's Highways, giving us a charming rendition of Father Perinelle's volume on religious vocaton. The well-known Dominican author addresses his pages primarily to those consecrated to God in religion, including secular institutes, ~ut notes that all Christian perfection has a common basis, whether lived in or out of the cloister, and that hence lay men and women, striving for a deeper life, will find inspiration and guidance in these chapters. The lucid style and vigorous thought captivates the reader from the start, expressing, as it does, a po.werful conviction that "for beauty, grandeur, fruitfulness and happiness not one of the happy ways. of life equals that which is wholly dedicated to the Lord, for not one of them is given over to so sublime a love." Father Perinelle does much more than write another book on the vows. He lucidly portrays the in'planting and growth of a vocation from its first tiny beginnings, and one instinctively cherishes the desire that many young people may come under the tutelage of so wise a director. For this purpose the opening chapters ought properly to be read long before one enters the cloister. The pity 120 March, 1959 BOOK REVlEWS is that many a later reader will sigh and utter to himself, "If only I had known all that while I was fighting my hard way into religion." Appreciation of the implications of any life in God's service will require understanding of the fundamental God-given habits of faith and charity, which are perhaps too little appreciated in the process of sanctification. Both these divine-gift "virtues are adequately presented in the second and third sections of the book. The wonders of charity, one feels, as portrayed in these scintillating pages, would turn earth into heaven if they could be fully realized. Yet this charity "is no leveller, it does not kill natural affection"; nor does it save us from still finding ourselves "like men with loads on their shoul-ders, some going up and some coming down the same narrow staircase: try as they may, they can't prevent their loads sometimes banging into one another." A fourth section treats of the general topic of religion as a fundamental virtue, and a "fellow of charity," resulting from our life in Christ and uniting us to Him in His priesthood. Seldom is the truth so convincingly put, in vocation treatises, that consecration to God in religion arises from the priesthood of Christ from which it derives both its existence and its worth. Before the specific treatment of the vows, a preliminary chapter makes it clear that these vows are not the invention of the Church but were introduced by Christ Himself through the Apostles. By their observance the Savior wished to reproduce in His followers ¯ the characteristics of His own life, but His advocacy of them is by way of counsel not precept. Chastity is exhibited first in its most attractive splendor, a loving gift that cannot be mere abstention. The subsequent pages on the pracdce of the virtue are precious in their sound and resolute actuality, presenting an alluring positive picture of the lovely virtue of virginity. Neither is "consecrated maidenhood" a mere addi-tional ornament of the Church; it is rather a vital organ, not a halo but a heart; a virtue, too, that is blessed with a nobler fertility, enriching the Church and society with "Fathers" and "Mothers" of a higher order. Poverty is viewed as. it took shape historically, from gospel beginning to our time, and with many legitimate varieties, under the Church's guidance and legislation, meeting the varying needs of persons and conditions. Special emphasis is lald on the recent 121 BOOK REVIEWS Review for Religious prescriptions of Sponsa Christi and allied documents in regard to the work of contemplative nuns. The impressive litany of dos and don'ts rehearsing ~he practice of poverty is attractive in its sane and good-humored realism. An impressive treatment of obedience closes the book, exhibit'-. ing the singular value of this virtue and vow in t~ostering true, spiritual, Christian freedom. "The service of God to which obedi-ence calls you is not slavery--it is freedom." Again the historic growth of obedience is traced, from the older hermits through St, Augustine and St. Benedict to our own times inclusive of secular institutes. Obedience is shown to offer endless opportunity for meritorious acts while there is a minimum danger of "sin against it. "Such is the illogicality of divine mercy." The author's treatment substantiates to the full his own final evaluation thus summarized: "Understood and practised in this way, obedience and its sister docility are educative, manly, expansive and fertile virtues." Once more be it said, the fine flavor of a translator's consum-mate art, added to the author's brilliant mastery of his subject, makes this book a valuable and engrossing addition to our vocation literature.--ALovsluS C. KEMPEP,, S.J. THE YANKEE PAUL: ISAAC THOMAS HECKER. By Vincent F. Holden, C.S.P. Milwaukee: Bruce Publishing Company, 1958. Pp. xxii, 508". $6.95. Books have already gone on the market with the titles Yankee Batboy, Yankee Bob, Yankee Doodle, Yankie Rookie, Yankee Tab-ernacle, Yankee Yachtsman, Yankee 8tran#er, Yankee Privateer, Yan-kee Pasha, and Yankee Priest. Granted that it is difficult to be original in one's choice of title these days, Father Holden's selec-tion, Tt, e Yankee Paul. has the ring of a hackneyed phrase about it. This is unfortunate, for the book is good. The archivist of the Paulist community has done his noble group excellent service in commemorating its one hundred years of fruitful ministry to America by his publication of this p
Issue 15.3 of the Review for Religious, 1956. ; A. M. D. G. Review for Religious MAY 15, 1956 Mofher Xavier Ross . Sister Julia Gilmore Sis÷ers' Retrea~s--III . Thomas Dubay Our Lady and ~he Apos÷ola~e . EIIwood E. Kieser Communffy C;rosses . Wlnfrld Herbst Devotion ÷o fhe Sacred Hear÷ . c:. A. Herbsf Book Reviews Questions and Answers Summer Schools VOLUME XV No. 3 RI:::VII:::W FOR RI:::LIGIOUS VOLUME XV MAY, 1956 NUMBER CONTENTS MOTHER XAVIER ROSS --- Sister Julia Gilmore, S.C.L . 113 SISTERS' RETREATS-~III Thomas Dubay, S.M . 128 SOME BOOKS RECEIVED . 134 OUR LADY AND THE APOSTOLATE--Ellwood E. Kieser, C.S.P. . 135 COMMUNITY CROSSES--Winfrid Herbst, S.D.S. : . 141 DEVOTION TO THE SACRED HEART--C. A. Herbst, S.J . 145 FOR YOUR INFORMATION . 152 QUESTIONS AND ANSWERS-- 17. Quinquennial Report . . 0 . 156 18. Offering Holy Communion for Others . 157 19. Exempt Religious Obliged to Say Orationes Irnperatae . 158 20. Obligation of Religious to Make Will . ; . 159 21. Computation of Time for Profession . 160 22. Impediment for Renouncing the Catholic Faith . 161 23. Meaning of Patrimony . 162 REPRINT SERIES NOT AVAILABLE . 162 OUR CONTRIBUTORS . 162 BOOK REVIEWS AND ANNOUNCEMENTSI Editor: Bernard A. Hausmann, S.J. West Baden College West Baden Springs, Indiana . 163 REVIEW FOR RELIGIOUS, May, 1956. Vol. XV, No. 3. Published bi-monthly: January, March, May, July, September, and November, at the College Press, 606 Harrison Street, Topeka, Kansas, by- St. Mary's College, St. Marys, Kansas, with ecclesiastical approb.ation. Entered as second class matter, January 15, 1942, at the Post Office, Topeka, Kansas, under the act of March 3, 1879. Editorial Board: Augustine G. Ellard, S.J., Geriild Kelly, S.J., Henry Willmering, S.3. Literary Editor: Edwin F. Falteisek, S.J. Publishing rights reserved by R-EVIEW FOR: RELIGIOUS. Permission is hereby granted for quotations of reasonable length, provided due credit be given this review and the author. Subscription price: 3 dollars a year; 50 cents a copy. Printed in U. S. A. Before writing to us, please consult notice on inside back cover. fl ot:her Xavier Ross Sister Julia Gilmore, S.C.L. [Editors' Note: This account of the foundress of the Sisters of Charity of Leaven-worth is adapted from Sister Julia's book, Come Northt.] TO the first call of the West, many of the Pennsylvania settlers responded, following the turnpike surfaced by the new bound-stone method inventedin England by John McAdam, driv-ing their Conestoga wagons on. through Indiana over its corduroy roads; others drifted their keelboats down the Ohio and Mississippi, breaking them up later and rebuilding them into settlers' cabins; others went no farther than Cincinnati, which was already calling itself "The Queen City of the West." Ann Ross was born there on November 17, 1813, the fourth of five children in the family of Richard Ross, a Methodist preacher, and his wife Elizabeth Taylor ROSS. Cincinnati at heart and in spirit was a frontier town built by pioneers, and Ann caught their spirit and courage early. Even in childhood she showed qualities of leadership as she decided the games for her playmates and captained every undertaking. Attractive, though never considered beautiful, she drew atten-tion unconsciously through her physical appearance as well as through her personality. Small, scarcely five feet, she was graceful in her movements, quick in perception and response, her dark wide-set eyes glowing with alertness. Her father's favorite always, he delighted in having her waiting for him after the evening meeting, when he came home with nerves so taut he had to let himself "run down" before he could attempt to sleep. His long discourses drilled his children in close listening and logical thinking--a boon to Ann all her life. Little is known of her early schooling or companionship; but, when she was about fifteen, she became acquainted with a convert, Victoria Robinson, a young girl of very decided character. As the friendship grew, Ann asked to accompany her on~ day to a church service. Although she knew nothing of Catholic devotion, at Bene-diction she knelt when Victoria knelt and stood when Victoria stood, yet for some unsurmised reason burst into tears during the service, but wisely said nothing about it when the girls left the church. The Rosses hearing of this visit made no effort to hide their displeasure, telling Ann that under no condition was she to repeat 113 SISTER JULIA GILMORE Reoieua for Religious the offense. However, this admonition seems to have made little impression upon Ann; for, in less than a year, she insisted upon at-tending Mass one Sunday with Victoria. During the Mass Ann felt coming over her the sweet sense of well-being until the Com-munion when she knew he'rself to be definitely outside the pale. She tried to conceal her tears while insisting after Mass that she be introduced to the priest who had said the Mass. Reluctantly, Victoria yielded to Ann's persuasion; and, when Father Mullin heard her expression of desire to be instructed in the Faith, he ac-quiesced and not too long after baptised her. As on previous occasions the Rosses were vociferous in their disapproval. Her approach to her father in his study tl~e afternoon of her baptism was direct and determined. The ensuing conversa-tion resulted in Richard Ross' mounting anger causing him to forbid Ann not only attendance at Catholic services but also the very men-tion of the name of Catholicism. His sneering abuse changed his house that evening from a haven of peace to a veritable cave of Aeolus full of storm. However, Ann showed her heritage of will power. Regretting as she did the breach in family relations, she, nevertheless, slipped out of the house regularly on Sundays to hear Mass. From her position as loved daughter of the house she soon became an outcast; even her picture was removed from the family group. This strained situation continued about a year; yet Ann seems to have been permitted (at least she continued) her friendship with Victoria. During the following summer Victoria told her she had learned about religious life as lived in communities and that she had decided upon such a life .as she felt a strong desire to turn all her efforts toward helping others. Ann knew nothing of sisterhoods, but in her quiet persevering way learned more of them after that conversation. The day she saw Victoria off at the wharf for her admission into a novitiate, Ann said in farewell, "But it won't be for long; I, too, have applied and have been accepted' for the convent at Nazareth." With her customary directness she approached her father when she returned home that morning and told him of her intention to become a Sister of Charity. His derision and rising temper did not deter her from following her set purpose. Hard as it was to separate herself from the family she loved so deeply, that very night she packed in her old-fashioned suitcase, called 114 May, 1956 MOTHER XAVIER ROSS~ a telescope, the few things she thought might be of use to her in a convent; and, in the early morning before anyone knew she was up, she slipped out of the house, heard Mass, then purcha, sed at the wharf her passage to Louisville from where she would go by stage the remainder of the journey to Nazareth, Kentucky. As she stepped over the threshold of the mother house of the Sisters of Charity of Nazareth that August 22, 1832, she felt neither sense of fear nor strange exaltation. She was being led a willing follower to some great untried destiny. What it was she did not know, but she was content to feel that she was cooperating in every way she could. The scene changes now. Up to this moment her life had been as simple, as free from adventures, as uneventful as a girl's life could be. If no.thing .had occurred to alter it, she might have con-tinued to be a rather lively versatile young person of uncatalogued tendencies. Her potentialities were unknown to others, whatever she felt ~ within herself. What she sought was a work or a calling in which life would yield its maximum possibilities, bringing into fullest play latent faculties. She had never complained about the loss of friends and com-panionship which her conversion to Catholicism had brought her. But it must have been very hard for her to leave the old environ-ment and come to live as she did among strangers. She accepted it all willingly, even joyfully, and certainly with tranquility. The evening of her arrival at Nazareth she was received into the novitiate: and, as was the custom at that time, she received a religious name as a postulant by drawing a slip of paper from among several held in the apron of the mother superior. As she looked at the paper her face expressed bewilderment. She had never seen the name Xavier before. (In various documents her name is spelled Xavia and in her own handwriting can be seen La Soeur Xavia written on the flyleaf of her old French reader.) Getting acquainted took little time; for the new postulant, Sister Xavier, adjusted readily. Nothing seemed strange to her. She rose at four-thirty with the others for the morning prayers said in common, followed through the prayers and work of the day, enjoying the routine of learning how to work on. the farm, in the dairy, the kitchen, the chapel. Under Bishop Flaget and Father David, her religious training and her secular studies progressed. Christmas of 1832 came and went: New Year's, 1833, was unmarked save by the cold and raw- 115 SISTER JULIA GILMORE Review [or Religious ness of winter. February held a great deal for the new postulant as the community council met and approved her for the habit which she received on the twenty-fourth of the month. With black curls gone, but with the same sparkling dark eyes flashing from under the white cap, Sister Xavier may have been less captivating in appearance; but she was nonetheless attractive. There was something compelling about her that obliged the casual observer to closer scrutiny. Her novitiate continued to be interesting to herl although it had its hard moments when the command "Possess your soul in peace and true humility" seemed to her an impossible counsel of perfection. Occasions had come, too, when the thought of home called so imperiously that it was all but impossible not to go back. Whether she heard from her parents during her first six months at Nazareth is not known. That she wrote at rather r~gfilar inter-vals may be presumed, for the custom of writing to parents seems always to have been part of the rule of the novitiate of the Sisters of Charity. She had not been a novice very long, however, when one day she was called to the parlor. Her joy was made poignant by the thought that at last her mother and father had forgiven her and had come to see her habited as a Sister of Charity. But the thought need never have formed; for as she stepped over the threshold of the parlor, her mother rushed toward her screa'ming in tears, "Oh, my poor disfigured child!" Taken aback Sister Xavier turned hope-fully to her father only to see his rude gesture and hear ugliness of tone as he said, "Take off that hideous cap!" at the same time removing it himself. With confidence gone, she stood bewildered for the moment. Then dashing from the room, she ran to Mother Frances' office where sobs had to subside' before her explanations took on coher-ence. Mother Frances' mind was made up' instantly and together they drove the three miles to Bardstown to consult with Bishop Flaget. He listened attentively and compassionately 6nly to say at the end, "You are under age, so you will have to return with your parents." So Ann put on the secular clothes brought by her parents; and the Rosses with their recovered treasure set out as soon as possible for Louisville by stage, only to be thwarted when they tried to purchase tickets there for the upriver trip to Cincinnati as the cap-tain at the wharf told them cholera was raging along the river. 116 May, 1956 MOTHER XAVIER ROSS, Frustrated, Mr. Ross took his family to the Galt House,. leaving them while he went about town on other business. A friend of Mrs. Ross', noting Ann's tears, said in the course of conversation, Ylsn't it a pity to pluck this young flower from the hand of God?" No reply was made, but Ann followed up her advantage; and, when they were alone in their room, she said to her mother, "How can you see me suffer so and make no effort to make me happy?" Her mother's reply was like blinding sunlight bursting through storm clouds, "Well, Ann, my dear child, if you can get away without your father seeing you, you may go with my blessing." In a flash Ann kissed her mother, ran down the stairs, across the lobby and up the street, fearful every moment of meeting her father. She went to the Infirmary of the Sisters of Charity, ex~ plained her being there, waited a few days, and, when her parents did not come for her, returned to Nazareth, resumed her novitiate and upon taking her vows the following February was sent to be a member of the staff of the Orphan Asylum in Louisville. She seemed particularly adapted to the routine of the orphanage and showed in many ways her enjoyment of working with the children. After several years she was appointed the sister servant of this same orphanage (the term then used to designate a sister superior). Whatever time she could afford away from the children, she spent in a little unheated dormitory alcove, planning lessons, doing mend-ing, making up accounts. During the winters, and these can be very severe in Kentucky, an actual poverty demanded heat be pro-vided only' in that part of the house occupied by the children. This took a toll of Sister Xavier, as one winter she contracted a heavy cold" that settled in her ears and resulted ultimately in her total deafness. But nothing deterred her from continuing her work., : Following the Louisville assignment came appointment as sister servant of the academy in Nashville, Tennessee. Her itiitial moiathd there began propitiously, but. in the springof 1848 cholera broke out:; the academy:dosed, and Sister Xavier,with the other teachers joined the si~ters at the.hospital caring for .qictims of the plague. Ofteri' she went about the streets of Nashville'~fom house"to house doing" everything possible for the sick and giv;ing whatever 'con-solation she could to the stricken, many ofwh6m hard made s~afit preparation .for death that was so imminent. A tardy f~ll followed a long,i.hdt surhmer"bef0re"the scourge abated ~and teaching.w~s:~resum~d: ?'(That yhar~.fini~fied," Si~te~ Xax;ier,. 1i7, SISTER JULIA GILMORE Reoiew for Religious .much weakened by :her experience, . was .reassigned as sister servant of the orphanage in Louisville. Some few letters still extant describe the times with their anxi-eties and reveal, as letters do, the characteristics of the writer. One of these in a significant way points up Sister Xavier's simplicity and loyalty at the same time that it makes a reader aware of her out-bursts of temper. The fact is that many who knew her, loved her, and admired her greatly never denied nor tried to conceal what ap-parently was a source of grief and embarrassment to her. Her tem-per, however, seems matched by her humility as she invariably sin-cerely and with simplicity asked pardon for her outbursts. The early and middle nineteenth century was an era of new modes. These were transitional years; changes came in ways un-expected; and customs of long years' standing were being laid aside to give place to the demands of a new and more progressive era. Among other things the administration of schools felt these modi-fications. Bishop Richard Pius Miles, O.P., of Nashville was not com-pletely satisfied with changes made in his staff by the mother house at Nazareth and a prohibition of the sisters' singing in the parish choir. Wishing to retain some as permanent members of his faculty and have a purely diocesan religious order, free from outside author-ity, he petitioned the mother house at Nazareth for a group of its sisters to establish such a community in Nashville. A tradition exists in the Nazareth community that the con-templation of this diocesan foundation in Nashville was generally known for quite some time. In the summer of 1851, Mother Cath-erine Spalding officially made Bishop Miles' request known to her entire community. Since this would mean the loss of some sisters to the still young Nazareth organization; and, as she knew well the countless dangers and hardships which confront communities in their initial stages, Mother Catherine wisely attempted to dis-suade from any precipitancy. She feared that courage might lead to peril. However, in due course, she gave full permission to any member who wished to form the nucleus of the new diocesan foun-dation. The very kindliest of feelings were distinctly manifest .as she made it clear that any sister wishing to remain in or go to Nashville was free to do so. The matter of this proposal was considered seriously, and none of those who accepted it arrived at her decision without thought and meditation. Many nights, lying awake hour after hour, Sister I'18 May, 1956 MOTHER XAVIER ROSS Xavier deliberated upon the proposition before she saw the step that she must take; and the grace came to take it. A new sphere of activity was opening; she was asked to fill it; she determined to lay personal considerations aside and follow the Master with im-plicit confidence in His providence. It was not, however, until the end of ,June that she was able to say t6 herself, "I will cleave to His command, 'Leave all and follow me.' " Not only for her, but also for each one in the group going to Nashville, there was a "giving Up," an "acting against self." Their sorrow was perceptible and deep. They were giving up forever their convent home and life-long friends in Kentucky. Such action brought grief of a nature fully understandable only to those who have had a like experience, but the urgent request they had received could not be lightly disregarded. For Sister Xavier and her five companions there was, along with other ties, the severance of companionship that had grown very close during nineteen years of religious life. She was endeared to the sisters of Nazareth and they were endeared to her. But now, in response to Bishop Miles' persistent request, they withdrew from the Nazareth community in the summer of 1851. Though the Sis-ters of Charity at Nazareth looked upon the separation in varied wa);s, in the years to come they would say of Sister Xavier with unanimous sincerity, "She was a heroine!" Others making the Nashville foundation were Sisters 3oanna Bruner, 3ane Francis 3ones and Ellen Davis (both of whom died in Nashville in 1854), Mary Vincent Kearney, and BaptistaCarney (who returned to Nazareth to be with her own sister in that com-munity). Two others, from Nazareth joined the Nashville group the next year: Sisters Pauline Gibson and Dorothy Villeneuve. All the members retained the religious names they had received upon their entrance into the Nazareth community. Not until 1895 were any alterations made in the habit they wore. Trials were not wanting to Sister Xavier and her valiant band; and, humanly speaking, it was hard for her to realize during these days the truth which she expressed so emphatically: "One finds God everywhere one seeks I~im; He alone is all one needs." But there were compensations, too. The number of sisters was not diminished but augmented, for several young girls sought da - m~sslon to.the new community as postulants as soon as the s~sters would receive them. The beginnings in Nashville were meager; the teaching sisters 1 19 SISTER JULIA GILMORE stayed at the hospital with the nursing sisters until an orphanage for boys was opened. This was followed in rapid succession by a school for girls and an orphanage for girls which also served as a boarding school. Within a year Sister Xavier had been elected the mother superior. Under her guidance the institutions grew, and work awaited the sisters on all sides. Mother Xavier apparently acted as mistress of novices as well as superior of the growing community. Some few 6f her instructions to members of the novitiate are still extant. Be-cause she knew the value of discipline and had learned God's ways with the soul, she could personally share such counsels as these: "Instead of reviewing in a too self-satisfied manner whatever you may have done well, cherish and improve every day the spirit of prayer and habitual recollection, obedience, humility, charity, sim-plicity, modesty, and fidelity. Then Christ will be with you and His presence is the only thing in which to take satisfaction . The conventions and courtesies of social intercouse should not be neglected nor disdained, as they are the natural aids to the promo-tion of God's work . Refinement of manner and virile spiritual life are close companions. They are essential to the keeping of the Rule . Every act of obedience is an act of faith, and the just man lives by faith .Divine love and humble prayer must animate you." Father Ivo Schacht (pronounced Scat), a zealous.Belgian priest, was appointed by Bishop Miles spiritual director of the community. He worked constantly toward the spiritual development of the sisters as well as the expansion of facilities in order to. care for more and more children.- .=. With this endin view, late in 1856, heobegan the construction of an academy and mother house on a part of farm grounds on which he had previously built an orphanage. To finance these buildings he used with the permissibn of his.bishop deposits re-ceived from members of the Nashville: congregation. The construc-tion was completed; the sisters, :no~cices, arid.postulants were living in the part to be used as a mother house; the academy had promise of a full enrollment. It would be but a short time before the debt on the building would be paid. Then, early in 1857, clouds began to appear on the horizon, small at first and not much noticed; but with the months they increased in size and proportion, throwing deep shadows upon the .young Nashville community. A misunderstanding .that had.lbeen brewing between Bishop 120 May, 1956 MOTHER XAVIER ROSS Miles and Father Schacht resulted in the latter's, withdrawal from the diocese. Whatever the difficulty between the two, certainly it should never have affected the sisters. But it did. Father Schacht deeply regretted the complicated situation in which he would be obliged to leave this group of Sisters of Charity, but he was power-less to assist them further. About July or August of 1858 when the depositors learned of Father Schacht's departure, they grew clamorous for their money. Had they but consented to wait, the debt in due time would have been liquidated; but they would not. Mother Xavier finding that the Bishop refused to assume the responsibility of payment took counsel with the sisters, and "the group resolved to sell everything they had in the world and pay those to whom money was due. Another Via Crucis had begun. All the institutions were flourish-ing; all would have to suffer. Mother Xavier was filled with so-licitude for the sisters, patients, orphans, and students. She had always regarded the bishop as a very pious man prompted by the best motives. Never, even in this trial, did an expression of bitterness or lack of reverence escape her in speaking of him. Invariably she said, "He means well." She understood how, without malice on either side, misunderstandings happen and cause very keen suffering to those whose aim is to make others happy. During this period of insecurity and anxiety, she made ac-quaintance with distress of mind, human weakness, misunderstand-ing-- all a part of the apostolate. The future appeared to her a maelstrom of black emptiness. As she said years later, it was this tribulation that taught her that "each loss is truest gain, if day by day Christ fills the place of all He took away." One consolation alone remained: the sisters were in agreement that whatever Mother Xavier undertook they would stand by her. Their one definite, expressed wish was to stay together as a com-munity. Previous to this, only flitting thoughts had come of ever leav-ing Nashville where they found themselves hemmed in on all sides by older communities; now the thoughts took deeper hold. As a metropolitan co.uncil would open early in September of that year, 1858, it was suggested that Mother Xavier make a trip to St. Louis to see if a new home could be found for the entire community. After much serious thought and 15efore reaching a decision, she urged the commu'nity, "Let us pray over the matter 121 SISTER ,JULIA GILMORE Reuiew for Religious first. Divine Providence has never failed us. It won't now. 13ut, Sisters, pray! We have come upon a crucial time; prayer alone will help us in this trial, and let your prayers brim over with faith!" Had she been made of less durable stuff, her interview with Archbishop Kenrick of St. Louis would have been most discourag-ing; for, although he gave close and sympathetic attention to her presentation of the situation, even asking an occasional question, his comment was terse: "I know of no bishop who wishes sisters." But Mother Xavier's faith and hope led her to ask, "Most Rev-erend Archbishop, if anyone of the bishops belonging to your prov-ince were willing to receive us into his diocese, would your Grace prevent him ?" A ring of admiration and honest sincerity shot tiarough his reply, "No, my child, I would not." When 13ishop 3ohn 13. Mieg~, S.3., from Indian Territory heard the facts the next day, he not only signified willingness to receive the community, but also radiated enthusiasm in his urgent "Come north as soon as possible!" The night Mother Xavier left Nashville for St. Louis, she and the sisters promised that should a home be found for them as a community, in gratitude to our Lady a novena in her honor would be said in perpetuity in all houses of l~he order daily. This novena begun in Nashville has continued down the years as the community made its foundation in Leavenworth and established houses in ten different states. With auctioning off re.al and movable properties, packing, find-ing homes for orphans, closing up houses, days passed rapidly: and by November, 1858, the first group of sisters left for Leaven-worth City, Indian Territory. In December the remainder of the community followed with the exception of Mother Xavier and Sister ,Joanna who remained behind to conclude all business trans-actions. This they accomplished by the end of 3anuary, 1859; and left the South with a balance of $9.00 to join the other members in Leavenworth City. Ability to endure hardship, coupled with foresight and perse-verance, had enabled the sisters to begin at once a day school and a boarding school. Cramped quarters constantly called for expan-sion; and with expansion came the work dearest of all to Mother Xavier--an orphanage. From the beginning of the new foundation, candidates joined the community; more could be accomplished as numbers increased, but with the increase other trials came. With 122 May, 1956 MOTHER XAVIEI~ ROSS the opening of the orphanage, adverse opinions arose; criticism came from within--the kind hardest to bear. But Mother Xavier con-stantly kept the supernatural motive before her saying, "Let the joy be in the doing, not in the end. If the Work succeeds we will know it is God's will." The sisters realized, of course, that in the mighty drama of " human living there was nothing less than a supernatural goal to attain. Education was simply too broad a term for them; there was more to the formation of their students than that "their minds be instructed, their hearts and heads be cultivated" as the Leaven-worth reporters penned in grateful tribute at the end of the first school year in Indian Territory. There was, rather, an ideal to be embodied in their students' lives: the ideal of the Maid of Naz-areth. To make this ideal a vibrant reality in the hearts and minds of their charges, the sisters toiled consistently, unfolding behind the curtain of daily living the drama of true advancement. In all ways the community toiled. The regular routine of domestic work included the gathering of wild fruit and nuts, for the sisters needed every bit they could garner; they planted, har-vested, canned, preserved, fished in the streams along with the other townsfolk, made their candles and soap as 'all pioneer women did. Wherever the sisters worked, Mother Xavier worked with them. Manual labor was a part of her day the same as her teaching of French and English composition, literature, music and art, manag-ing the household and going into the homes to nurse the sick until a hospital could be established. ,Her participation~ in all community activity was a transparency through which can be seen her charity and deep concern for the sisters, and the joy it gave her to be with them. As acquaintance with the sisters grew so did applications for membership. Accommodations were so meager that the time came when prospective members had to be refused for lack of space. This led to the planning and construction of a building outside the city limits that would serve both students and sisters. But, before the place was finished, it had to be boarded up for lack of funds. Never a financial wizard,, Mother Xavier had been unable to .do more than care for running expenses at the same time that the community lived in real poverty. When a loan was suggested as a means of getting the new academy finished and ready for occupancy, she was appalled by the idea. Debt w, as the nemesis that had dogged her footsteps before; 123 :SISTER JULIA GILMORE Review [or Religious now ag~iiilit was to pursue her. Raffles were resorted to, and for at least-six years two sisters and sometimes four went from coast to coast begging for funds .to pay off the debt. When Mother Xavier sent them "on the road" to "Trust in God and beg for funds," she had no way of knowing the humiliations that would come to them through sus-picion of being imposters, having all their luggage stolen, and the .refusals of bishops and pastors to permit them to solicit. When she .heard of these trials, she suffered with the sisters through-their hard-ships and anxieties but never lost hope. In one of her letters she said, "We. must put our shoulders to the wheel, and pratt, too, without ceasing." Through the united efforts of all the sisters, two years after the boarding-up, the new building was finished and opened, filled to capacity. Every. waking minute was taken up for the sisters with routine duties and spiritual exercises. Much of the time out: side of class went.to "being with the girls," conversing while busy with sewing or other needlework; for the foundress felt that her ,responsibility was to teach Catholic girls to take their place in so-ciety and to be a part of the world they lived in. She believed that all the ends she proposed could be gained by showing interest and trust in the students, and this she wished all the members of the community to show. She maintained that the best opportunities for association came during the free time when classroom formality ceased. Much as the future looked glowing for the young community and their charges, respite from anguish was short-lived for them. ~Tbe new academy was not open six months when, one cold Janu-ary day, the contractor called upon Mother Xavier demanding im-mediate payment of notes with 12% interest. Both she and the treasurer, Sister Joanna, begged for tim~; the notes were not due; and not a cent of money was available. It took an amount of per- .suasion to induce the contractor, James McGonigle, to wait; he was reluctant even to leave the building, threatening to put the place up for auction if payment were not made immediately. Again the sisters .faced the possibility of being made homeless. Calling together the entire community, novices and postulants as well as professed, Mother Xavier laid before them the circum-stances saying, "We .have no recourse except God; I tell you we have. nothing earthly :to. depend upon. You will have to pray hard. God will not forsake us in this our hour of need." 124 May, 1956 MOTHER XAVIER ROSS It was then she asked the sisters to form bands of three and rotate hours of petition before the Blessed Sacrament. The greater part of the next three days and nights found her keeping the vigil of petition, kneeling upright, her eyes closed, her hands clasped. She was oblivious of time. Grhdually the hope faded that .Mr. Mc- Gonigle would relent and withdraw his demands. The community council met and authorized Sister 3oanna to try to negotiate a loan in St. Louis for the required $27,000: During her absence the most severe of fasts was observed at the mother house while the prayers of petition continued strong and unabated. Weeks passed; weeks of hope. and faith and peni-tential prayer on the part of each one in the community. Not until five months had elapsed, however; did the answer come in the form of a telegram from Sister 3oanna urging Mother Xavier to come to St. Louis immediately as a loan could be negotiated. This was but a part of the answer to the petition. When the sisters returned from St. Louis, they were hurrying in to Leaven-worth to pay Mr. McGonigle when a gentleman, a Mr. 3ohn F. Lee, who had met Mother Xavier previously in St. Louis called at the mother house to tell her he had already paid the contractor. There was no way, naturally speaking, to express adequate gratitude for such magnanimity. As long as Mother Xavier lived, she used to say to the sisters, "Pray for him, for it is the only way we can-show our appreciation to him. Had it not been for his kindness and indulgence, Mount St. Mary's would long since have gone under the hammer of the auctioneer." In spite of those years of trial, the community grew and ex-panded, opening schools, orphanages, hospitals, foundling homes, from Missouri west to Montana and New Mexico. Mother Xavier continued to govern the community, although handicapped by deafness that first caused her to use a trumpet, then a dentiphone, until finally no sound of a~y kind penetrated from the outside although within her head constant pain was accompanied by a noise that seemed like huge slabs of stone knocking against each other. She continued helping with all tasks, gave conferences, and visited the houses of the community showing interest in every-thing, done by the sisters, admonishing, praising as the need might be. Through dispensation she had guided the community since its inception as Bishop Midge had thought it wisdom for her to do so; 125 SISTER ,JULIA GILMORE Reuiew for Religious in 1877 she asked to be relieved of the responsibility of office. With hearing completely gone and ravages of age making inroads, she asked that someone else take up the burden. ~Election resulted 'in Mother 3osephine Cantwell being placed in office; immediately she asked Mother Xavier to assume the spir-itual training of the members of the novitiate. For this position she was apt, as she possessed a particular gift in character discernment. She could hold up a very unprepossessing person in a certain light. and immediately that person seemed to take on new and unseen qualities: When asked her secret, she insisted she had none. Ob-viously she had; obviously, too, she interested herself in each indi-vidual .m~mber, learned the names of her family, her likes and dis-likes-- these gave the clue to abilities that once developed could make fo~ ha~opy and satisfying placement. All this taken together helped make Mother Xavier a contemporary of everyone, and an absolute absence of partiality gained the novices' confidence. " Mother Xavier's instructions to the novices, which fortunately are extant in part, brimmed with practical application. In these conferences she often repeated that the poor were to be treated with the same courtesy and respect as those abundantly blessed with the comforts and luxuries of life: "Be respectful to strangers; treat them with courtesy and kindness in order to draw them to God through yourself . Meet guests in a quiet dignified manner and. with a quiet cheerfdl look. Never go before externs with a dark gloomy.expression or in a frivolous manner . The Lord loveth a cheerful giver--then give cheerfully!" Invariably her instruc-tions closed with" "And, Sisters, be kind to the orphan; be good to the" poor." Busy herself always, she decried idleness in anyone, a fact which probably gave voice to these admonitions: "Always do what is expected of you, and more, much more: Do .not wait to be asked or told to do something. If there is a task to be done, do' it---quickly, quietly. The feet will go to the place the heart "is. Do .not boast either about doing extra work. In fact, nothing" is extra. As long as it remains to be done, it is your work . If we.have confidence inGod, we will have'cbniidence in ourselves. ¯ . . Be able to do things alon~! It is pitiful.to see Sisters unable to. do chores; study, go to prayers without ~eeking companionship:' Remember-~crows and sparrows flock together; eagles fly alone i"" Filled as her life was with the serious purpose of religion, Mother Xavier .still found ~ime for' much ~fun.She loved .drama, 1'26 Ma~, 1956 MOTHER XAVIER ROSS charades, pantomimes, and wrote and .t~ugb~t more than'one script for the novices or professed. He hearty laugh, spontaneous response to enjoyment, led one novice to write to her "father, "If you want to learn to laugh, come to our novitiate and we'll show you how." Gloominess had no part in her. She often said, "The sovereign remedy for mental agitation is prayer; we carl be bothered only if we let ourselves be bothered.". Through the years, she lived what she taught. Her words were not without example when she cautioned, "If you love God 'you will be courteous to each other . Guard your tongues, when a hasty thought would express itself. And remember, a witty person must be most careful, for often wit stings, and we never know how a word said in jest might wound severely a sensitive nature . Warm yourselves at the tabernacle fires. Love the Blessed Sacra-ment! There is no need of books when we speak to our friends; neither is there any need of books when we speak to our Great Friend." On the occasion of a community jubile.e when asked about the seeming length of years and community growth, she answered, "During the years I have watched our community grow, I have thanked Godfor the increase, it is true; but mostly I thanked Him for the spirit that makes our members practice virtue. I have noted, too, the development of ingenuity and a certain practical philosophy. This we need together with faith in God and the propensity 'to pull on through.' " When death came she had definitely left an impress on the community she had established. Hers was a vast life; sixty-three years of it were spent in re-ligion. During those years Mother Xavier's companions consciously or unconsciously imbibed her spirit which has become the heritage of the order. Her place in the hearts of the sisters can be estimated through a tribute given by one member at the time of Mother Xavier's death and which seems representative: "She was always solicitous for. our welfare and gave less heed to her own comforts than to ours. She encouraged us in every undertaking, consoled us in our troubles, nursed us in our sickness and advised us on all occasions. " : ;'She was mother to the poor and suffering, for no one enter[ ing her door to ask for help ever was turned away. Her helping hand banished poverty from many a pioneer home and. s.ent re.any a traveler on his way.rejoicing. No small, numb.e.L.oJ: orpha.n chil-drei~ found shelter,.food, care, and love under h~rroof '~. 127 Sisters' Ret:rea!:s--III Thomas Dubay, $.M. IN this present article of our retreat study, we shall consider three disconnected problems: the meditation expose, the use of humor, and the private conference with the retreat master. MEDITATION EXPOSI~--TIME LENGTH The first question to which we shall turn our attention deals with the length of the ordinary meditation expos~ given by the retreat master. The item was worded as follows: What time length do you ordinarily prefer for a meditation expose? __15 min. __20 min. __30 min. __45 min. __60 min. Further com-ment: (space provided) Table I gives the distribution of the sisters' answers to this query. Table I Meditation Expose--Time Length 15 min . 17 (2.5%) 20 min . 64 (9.3%) 30 min . " . 380 (55.1%) 45 min . 208 (30,1%) 60 min . 21 (3.0%) As would be expected, the majority selected a middle course of thirty minutes~ while the two extremes of 15 and 60 minutes are rather sparsely represented. It may be surprising to some that so large a number of sisters prefer the somewhat long expos4 time of 45 minutes, while relatively few favor the 20-minute meditation outline. More interesting than mere figures are the sisters' reasons for their choices. These we will consider under the heading of each time bracket and apportion according to the number of votes in each category. 15 minutes: Leave some of the period, especially thefirst period, for meditating by the sisters. Short--concise. 20 minutes: It should give the sisters sufficient time to develop the ideas or points exposed. It is not up to the retreat master to make the retreat for the sisters. 128 SISTERS" RETREATS--III . If the expos~ is longer, it usually is due to poor organization or needless repetition. No matter how good the speaker, ~ long expos~ tends to make listeners restless, especially in summer. Retreat masters seem to lack faith in sisters' poweb to meditate and weary them with too much talk. No energy left for meditation. 30 minutes: This would vary depending on the subject matter. Some 15 minute conferences seem more like 60 minutes and sometimes the reverse is true. There is a limit as to the amount one can take at one time. This seems relative to the amoun't of time provided for meditation following the expose. Our retreat meditations average I~ hours. Were less time provided, I would want less than 30 minute expose. This gives us 30 minutes for reflection and, therefore, would give a good balance to the meditation. I think usually some of the meditation lectures are too long, thereby not providing enough time for reflection. I have indicated the maximum. We are not permitted to leave the chapel until the full hour is completed. We need time to do a little thinking and praying for ourselves. If sisters spend free time in sewing, orifice work, etc., then it would be better to have longer medi-tations. If the retreat master has well chosen material and really gives it even 45 minutes is short. But if he has to read--well--let's make it 15! 45 minutes: I'm generally too tired mentally to meditate long myself because of going directly to retreat from school. It depends on the speaker. If he is really saying something, all right; but if not, cut it short. It is too hard to fill in the time when the retreat master makes it so short. Some conferences and meditations are entirely too short and I'm not contemplative enough. During retreat there is always plenty of time to think over all that has been given during the periods between talks. If the retreat master devotes less time all angles are not attacked. 60 minutes: Sixty minutes if it's stimulating. I admit I'm one of those rare creatures who likes instructions. Perhaps some mental laziness is implied in the fact that the time taken by the retreat master does not have to be occupied in personal reflection. All of which, of course, leaves the poor retreat master in a quan- 129 THOMAS DUBAY Review for Religious dary. He cannot possibly satisfy everybody. On the bright side, however, he can cgnsole himself that somebody is likely to be pleased no matter how briefly or protractedly he speaks. . . In a practical vein we may conclude that the whole picture sug-gests that most sisters would be pleased and fewest displeased by a meditation expos~ in the neighborhood of 30 minutes. In view of the sisters' remarks it may often be wise for the retreat master to consider varying this figure accbrding to subject, temperature, and an honest estimate of his own ability. HUMOR We next take up the question of intentional humor, in a medi-tation expose. It is of set purpose that we mention intentional humor (usually in the form of jokes), for, while the sisters universally like a sense of humor in the retreat master, not all of them desire jokes in the meditation expos& T16e' present item was worded as follows : Do you like jokes in a meditation expose? __.I prefer none at all ___It depends on the subject --_I enjoy a few Further comment : In this survey sisters who prefer no jokes at all in the medita-tion expos4 formed a small minority of 49 (7.1%); those who enjoy a fewnumbered 285 (41.4%); and those who specified that joke-telling must depend on the subject of the meditation numbered 355 (51.5%). Several sisters pointed out that the answer would depend also on the fitness of the joke, the manner of telling;-etc. One mentioned that she always enjoys a joke, while only one stated that she likes many. ~., Excerpt,s from the sisters' written comments follow: Just enough to break the tension which ordinarily comes durin'g retreat. Maybe three or four, but at.retreat [ really want to make a retreat. If it is a real meditation exposd I prefer none; in a conference on.ly a few. Most sisters really serious about the business of sanctity do not come" to retreat to be entertained. .'. . 'Jokes for.the most'part are out of place. On the other, hand a greatness of faith brings with it a delicateness and. lighm~ss .of touch that/sees the'bt~.m~r ir~.'our seriousness, ¯ .'" ' ::.d ¯ " I never enjoy a joke during retreat if it is obviously told just to be clever. If it makes a'poinr it "is appreciated. " " , ¯ 130 May, 1956 SISTERS' RETREATS--III If they are real incidents or experiences, they are.good. Sisters are not so stupid as to enjoy stale old jokes. It depends on the fitness and the manner of telling as well as on the subject. Distinguish anecdot~tge and jokes from the wit and humor which flow out naturally and relax tension without distracting attention. Personal memoirs are rarely wel-come in quantity. These often bring home the point, and'it lessens the tension. Making a good retreat is hard work, and nerves get taut. Jokes help! There are some people--myself included--who can't really tell them. If one can't it is better to skip it. Be natural. I think most sisters are eager to hear more about our Lord and the spiritual life. In themselves these are serious subjects and do not call for joking as a rule. We don't have to make a retreat to hear jokes. There are sut~icient'magazines,'etc., that can supply us with jokes. Not standard jokes, but a real sense of humor that sees through things, to what makes them really, funny, or unimportant, or ridiculous, or sublimely delightfu.1. The "Jokers" usually "give the impression that they missed their calling. A stage might better be their proper place. What sister wants jokes brought into a" medi-tation on the Passion? Yet I have heard such. And some jokes are just a trifle risque--a serious, saintly priest doesn't need such "props." I do not like too rriuch joking and funny stories. Nor do I prefer someone who seems to lack a sense of humor. I like,.to !augh ,once in a while! Sometimes meditation exposds are awfully long and dr'y, or they.are deep. A joke helps and relaxes you so you can benefit from the rest of the meditation. Or maybe one is just tired before starting retreat. A'man.who knows and enjoys life and people cannot help being amused at the in-congruit. y he finds. I like to share his amusement, but I do not like "planted" jokes put in to get us in a good mood and least of all "corn." (T.V. comedian type of joke) I prefer a humorous aside when the occasion fits rather than formal jokes of the story type. To my mind, holy things should never be the subject of jokes: at times I have heard them lightly treated by priests who do not seem to. be sensitiv~e on this subject. I enjoy a f.ew jokes, .definitely yes, and I think they are ggod tension, breakers and interest revivers. And I want to put in a vote for well told anecdotes, pithy well-turned phrases, and apt short quotations. Not only do they make for interest and easier listening, but, even more important, they lodge in the memory, perhaps for years. From the above statistical breakdown and the. sisters', expressed opinions one conclusion towers above any othdr: while the sisters appre.ciate humor in gogd taste, they decidedly dislike jokes for the sake of jokes. Or to put.the matter in.othei.words, they want the jokes used ~O'fit the subject, to be well selected; .to have a worth-while purpbse,." and to be gomparatively few. in number. . THOMAS "]~UBAY Reoiew t~or Religious PRIVATE CONFERENCE The soul in its efforts to win the heights of holiness oftenfeels the need of. personalized counsel and guidance from a spiritual di-rector in some sort of situation or other. In our survey the sisters were asked ~vhether or not they thought a private conference with the retreat master and on the occasion of the annual retreat is a de-sirable answer to this need. The exact wording of the question is here given: Would you consider a private conference with the retreat master quite desirable? __.yes, sometimes __no Further comment" A majority, 436 (66.2 %), of the sisters favor the availabilit'y of a private conference: These religious do not think that such a cbnference need be frequent, but rather that it should be available for those who on occasion could benefit from it. A strong minority, 223 (33.8%), fed that the need and advisability of a private in-terview with the retreat master are either non-existent or almost so. These latter universally feel that the sister can and should get her prbblems settled in the confessional. The excerpts that follow give a representative picture of the views of the sisters who would find the private conference desir~ible. At times a private conference may be in order. During the whole year in some mis-sions there is no opportunity to get advice or help from a religious priest. Prob-lems do arise. For obvious reasons one does not wish to detain the retreat master in the confessional. Sometimes that is very beneficial. At one time I had a confessor when out on the missions who did not understand me. He got me all muddled. I was in agony. The retreat master straightened me out. Many times I would like to discuss some problems with the retreat master, but being a proud human being, I always find excuses for not doing, so and hence go on being bothered. It would be good if he were available without any red tape about getting to see him. One doesn't care to have many "women" know that one did so. What. they don't know does not create comment. It is impossible for every sister to talk with the retreat master, but sometimes it is essential to do so. In rare instances. Usually the retreat masters don't want them. They feel confes-sion is su$cient. Yet, I think here is a great lack of understanding. This, too. should be explained. When can a religious go with her problems to a priest? Why are higher superiors reluctant to see her do so? Why should the attitude be taken, that one will immediately degrade her community, etc.? If a religious doesn't 132 May, 1956 SISTERS' RETREATS~--III feel she has that freedom, she Will look for oth(r means to ~olve her problems, or just drop them and give up . . . I have been a superior . Sometimes the conferences, would have never cleared up my dit~cultieS, but a private conference where I can ask. questions did. I don't mean being a nuisahce. Let it be brief as possible and to the point. Let it not be of a nature which concerns your superior and yourself. Some do not seem to know how to draw the line between what should be discussed or what [not]. I have never had one so I do not know. It would be awfully nice to be able to ask questions sometimes. I have only taken the opportunity once, but it was a marvelous help and brought very lasting, peace and understanding of some questions. Not often, but some few times a conference would be definitely desirable. Again, private conferences are something else that some sisters have, perhaps, abused; but for the sister, say, with grave temptations against her vocation or perplexed by some moral problem, or the like, such a conference could be a golden opportunity. Per-haps, retreat masters do not realize how often sisters may be _extremely limited in their opportunities for such help during the year. It would have saved me worlds of worry in the past, but it is not the custom in our order, and so I've done without. There are some matters one simply can't get straight in the confessional. I have always been afraid to ask for one. It is much frowned upon. I feel it would be a great help. Not often, but it would be a big help if such an opportunity were provided. I know several sisters who actually need this help, and if it were offered to everyone, these would not feel embarrassed. In many cases it is necessary. The mission life presents many difficult problems. I know that I often long for a spiritual advisor and I am disappointed when I find that the retreat master has no time for me. Typical of those who oppose the private interview are these opinions: All the advice I need can be gotten in the confessional where ple.nty of time is given and personal satisfaction is not sought. There is such ,a thing as community loyalty and one way in which a disloyal member could prove herself so would be this. If a conferencd is needed, I think the confessional would be more suitable and proper. Nol because I have seen that they have brought discontent and envy among the religious themselves. if a retreat master is generous with his time and a competent advisor in confession, it so far has solv, ed all troubles. I can't see'how a retreat master in one private konferen~e c6uld possibly help one --~esp. when two or three hundred people are making the re.treat that usually lasts 5 or 8 days. I realize that there are exceptions, but my ow~ .feeling is that it is the "oddities" that usually ask private conferences. 133 THOMAS DUBAY ,.,'" I think you.can settle most questions in the confessional. You should go to your own superior for a privat~ conference. I think for a time this was overdone and it took time from retreat priest [sic] he should have spent.in preparation. The confessional at retreat'tim~ is a good place to settle problems. The Holy Spirit is more likely to be in on it too. One sister made an interestihg distinction: I think it depends on the individual. If she ii seeking attention"and sympathy, NO. If she is seeking higher heights of sanctity, YES. In accord with our expressed policy of not stating a p~eference for either opinion, we will allow the reader to evaluate the sisters' reasonings for himself. It seems compatible with this policy, how-ever, to point out that religious superiors and retreat masters should consider seriously the request of so many sisters for the availability of a private interview. Whether their decision be affirmative or nega-tive, the above discussion seems to demand a thoughtful examina-tion of the problem and a solution that will do the greatest'good to the greatest number. " SOME BOOKS RECEIVED " Only books sent directly to our book-review editor (see address on inside front cover or on p. 163) are included in our "Reviews and .AnnounCements." The fol-lowing books were sent to St. Marys: ~'., :. Index of The American Ecclesiastical Review, Volumes 10 i- 130 (July, 19392- dune, 1954). The Catholic University of America ",Press ~.620. Michigan Ave.,.N.E., Washington 17, D. C. $3.75. . ~ :.,, The Catholic Booklist, 1956. St. Cattiarind 2unior,~College,.St. Catharine, Ky. $.75. Salt It With Stories. By Cyprian Truss, O.F.M.Cap.JQseph F, Wagner., Inc., 33 Park Place, New York 7, N. Y. $3.95. There's More to Life than Living It. By Albert J. Nimeth. O.F.M. FranciScan Herald Press, 1434 W. 51st St., Chicago 9, II1. $.95. . ; , . The Eternal Shepherd-~4th Series. By.Thqmas H. Moore.S:4., Apostle.ship of Prayer, 515 East Fordham Road, New Ybrk 58, N. Y. $2.00. No Cross No C?'owfi." By Rev. Clement H. Ci'ock. Societ.y of St. patli, .2.1.8~ Victory Blvd., State~ Ikland 14, N. Y. $2'.50. " John Duns Scotus, A Teach& for~ Our T~rnes. B;/ ]3~ra'ud de Saint-Maurid~i Franciscan Institute,.St. Bonaventure; N.:¯.Y~-;,.~" -/." .~,: . : ¯ " Works of Saint Bonaventure: I. De Reductlone Artium ad Theologlarm "A° co'm-mentary with an introduction and translation by Sister Emma Therese Healy. ,Fr.an- ,Ciscan Instithte, St~ Bon~(,~iu're, N. Y. ' "" '" Maqt in the Franciscan Order. Proceedings of the Third Naticmal Meetin~ of Franciscan Teaching Sisterhoods. "Franciscan', Institute, St. Bonaventure," N. Y. "" M.aq¢ in Historg,i'n"~Fi~ith;, imd fn Devotiod. By Rev. "Anselm Burke, O. Carm: :Scapular Press, 329'E. 28thSt., New Y6rk',16,N. Y. $3.50. . (Continued bh "i~ge 162) " 134 Our Lady and t:he ,Apost:olat:e Ellwood E. Kieser, C.S.P. IN the year 747 of the city of Rome, a Jewish girl made a decision which completely changed the course of human history. She un-loosed a tidal wave which will forever break against the shores of time, washing with its current the souls, of all mankind. The girl in question: Mary of Nazareth. Her decision: to be the Mother of God, the first and greatest of all Christl~earers. Why her impact on history? Because the fate of mankind de-pended upon that decision. Mary spoke for humanity. Her consent was our consent. The consequences of her decision intimately effect our lives. 1-°op~ Plus puts it this way: "In the name of the whole human race, she gave her consent for a spiritual marriage between the Son of God" and human nature." Mankind, until this time separated from.God and condemne'd to frustration, Was rejoined to the divinity in the person of God's own Son. Infinite God was clad in finite flesh. Eternity entered time. Omnipotence became child. The source of all truth, goodness, and beauty dwelt among us in the womb of this girl. The drama of redemption has begun, and Mary con~ents to play the supporting role. Mary knew the implications of her rolel the price she would be required to pay,"its'effects upon millions of human lives. She faced her destiny. She adcepted it. She gave herself to its fulfillment with all the ardour and courage of her grace-filled soul. This destiny meant two thing's. She must possess Christ. She must give Christ. These are ihe two'poles of Mary's mentality to-w~ ird which all else converge. Without possession, without giving, Mary's life would have been incomplete. The~e two poles are found in every Christian who wants to give Christ to" others. He possesses and he gives. Both are absolutely necessary. He cannot give Christ to others if he does ~o~i. first possess Him by l~nciwledge and love. He cannot be a vehicle for Christ's grace if his soul has not been chiseled in Christ's likeness. This it is that makes the apdstle: possessing :Christ, he naturally tries to share his happiness. He tries to give Christ to others. In this, as in all else, Mary is both model and helper. Mary possessed Christ vcith an intimacy and completeness un-known to the greateit saints: .From her youth, she lives amid the highest reaches of'the transforming union. Christ identified Hirhself 135 ELLWOOD E. KIESER Reoieto for Religious with her so that she became for Him an alter ego. He made her another Christ. This caused her to project herself into God, who perfected and strengthened her as the vehicle of His love. She found the perfection of her thoughts in His thoughts; the satisfaction of her desires in His desires; her happiness in His happiness. It was God's thoughts that she thought; God's love that she loved; God's happiness that she shared. While retaining her own personality and freedom, she had become one spirit with God. She had put on the mind of Christ. She could say, even more truly than St. Paul, "I live, now not I, but Christ lives within me." This means that she drew God into her own soul, which be-came His temple and dwelling place. The depths of her soul were wrapped in His presence. Whenever her occupation permitted, she folded back within herself to commune with that Person who was closer to her than she was to herself. Her faculties were completely docile to His inspiration. She be-came a perfect instrument for His action. It was not she alone who thought, spoke, and worked. God did these things in and through her. This grace of indwelling is not specially reserved for Mary. Every Christian who is willing to pay the price, who allows the life of grace to flower in his soul, can.enjoy it. The degree of God's indwelling in our souls will never approach that of Mary. It may not become a matter of experience. We m~iy not feel His presence. But the fact of God's presence in the Christian soul remains. This is a matter of faith. God has promised it to us. There is, of course, a grace and a manner of possessing God which is reserved strictly for Mary. She is God's mother. It was in her body and through her cboperation that Jesus came into the world. He received His human nature from her. She gave Christ His human body, the hands to bless us, the tongue to teach us, the blood to redeem us. She is liter-ally, in the strict physical sense, a Christbearer. Their union could not have been more intimate. Their destinies were intertwined. His mission was her mission. He came to restore men to God's friendship, to take up mystical residence in their souls. She was to help him. She was to give Christ to the world. This ¯ is the second pole of Mary's mentality. She was not content with possessing Christ. Neither must any Christian be. Goodness naturally overflows. Sanctity diffuses itselL Christianity is essentially apostolic. Because she had identified her- 136 ,May, 1956 OUR LADY AND THE APOSTOLATE self with Christ and His mission, she bent all her efforts that others might possess Him also. Her love extended to the entire human race. She knew that 3esus was the first born of many children, that His Mystical Body was to reach out and embrace men of all ages. Because she loved Christ, she loved His adopted brothers, who were to continue His presence through history. This is why she tried to serve them. Love shows itself in gifts. Mary's gift was of infinite value-~her own Son. She could not have done us a greater service, for to give Christ is to give everything. He includes all else. Her gift of Christ took two distinct forms~ The one was in-visible and internal. The other was visible and external. Both are of great importance. The first of these is within the interior of Christ's Mystical Bod~. She is not the head of the Mystical Christ. But she is i~s mother. She cannot appeal to the divine justice. Only Christ can do that. But she can appeal to the divine mercy. What Christ mer-ited in justice, Mary merited in mercy. This is whq she is called the mediatrix of all grace, the aquaduct of divine life. It is through her that Christ's merits are applied to our souls. She merited for us through prayer and through sacrifice. Both of these activities are supremely fruitful in Mary, since she is so in-timately united to her divine Son. Her prayer is the prayer of Christ, simple, trustful, loving. She knocked and the door was opened. She asked and her prayer was answered. She sought and always found. The wedding feast of Cana is a good example. She asked 3esus to perform a miracle before His time had come. He seemed reluctant, but how could He refuse His mother? The miracle was worked, not that the hosts might be spared embarrassment, but that Mary's re-quest might be granted. Now she prays for us, that Christ may live in our souls: And she adds to this the merit of her sacrifice, which is that of her Son. He suffered as priest and victim. She suffered as mother. He offered the sufferings of His body and soul. She offered a heart pierced by seven swords. In their sacrifice, as in all else, the mother and Son were intimately united. Hers was the perfect sacrifice. She could have given no more. The victim who was sacrificed was more precious to her than life itself. Perhaps I should say that He was her life. In giving Him, she gave everything. Nothing could have been more pleasing to 137 ELLWOOD E. KIESER Reoiev3 for ReligioUs the Father, nothing more fruitful for our welfare. Her sacrifice was so complet~ely bound up with that of bet Son.that theologians call bet the coredemptix of the world. ¯ The modern apostle can merit as Mary merited. The degree dif-fers, but the fact remains the same. By prayer and sacrifice, we can bring Christ into the souls of men. kVe can earn for them the grace the)~ need so badly. Why is this? Because the Church is an organism, with many tnembers sharing a community of life. The good fortune of on~ member is the good fortune of all. My prayer and sacrifice make you holy, and your sanctity overflows and contributes to mine until we all attain the fullness of grace to which we have been called. In the spiritual economy, a single good act has reverberations through-out the entire universe. One act of charity performed today in Wash-ington, D; C., has immediate consequences for the entire world, for those in Canton and Moscow and Nexv Delhi as well as *those for whom I explicitly make that act. There seems to be a direct connection between the concentration camps of Siberia,. filled with witnesses for Christ, and the crowded seminaries "6f Catholic University', Menlo Park, and Maryknoll. I did not earn my own vocation. My cooperation was slow and halt-ing. Someone else earned that grace for me. Someone else brought Christ's merits down from heaven, that" they might be applied to my soul. Somewhere, todhy, a priest is cleaning a latrine: a Chinese peasant slips away from her neighbors to refresh herself.with the presence of God; an American girl slips an invoice into a. typewriter with the words, "For you, Lord." These are the people who are keeping the v~orld going, who are bringiflg down the grace which is life and strength. They hre Christbearers; they are apostles in the fullest and noblest sense. Th6s~ "whO" pray and make sacrifices giv~ power to the aposto-late, pr6v]de the fuel for those in the market place. They are'doers in the s'upreme' sense, for theirs is.the highest of activities. The world cannot be changed#ithout pr3ye~ and sacrifice. But with prayer and ~acrifice, the w6rld will be chang~d~ Grace will abound. Christ will be brought into the souls of /neff. This is Mary's promise at Fatima. "" But is this enough? Is this all' Mary did? No, this is not all. Contemplation overflows and expresses itseff in-activity. Both ale an int'egral part of the Christian life. i~Both are.flecessary for the 138 Mat!, 1956 OUR LADY AND. THE APOSTOLATE cont:inuadon of Christ in history. Mary prayed for others. Then she went to them, that they might learn to recognize and love ~her Son. This is the visible, external form of Mary's apostolate. She had no sooner pronounced those words, which, changed the ¯ world,, which brought eternity into time and the Infinite 'into finite flesh,' than she hurried off to Ain-Karem to share this joy with an-other. She alone possessed the good news, but she would not keep it to herself. Over the mountains she went and across the plain, that others might know. that the Messiah had come. To Elizabeth, she brought the presence of Christ. To tbe~infant John, still in his mother's womb, she brought the Holy Spirit. To both, she brought the joy of knowing that the kingdom .of God was at hand. To accomplish this, no price was too high, no inconvenience was too gr.eat. Material discomforts, heartaches, and disappoint-ments were all accepted in the spirit of her original, "Behold the handmaid of the Lord. Be it done unto me according to thy word~" Detached even from success, she had but one desire--to .do. the will of God. Nothing else. mattered. .~. :-,.We must- possess, the .same attitude. W.e. possess Chr.ist.The world .needs Christ. We must give Christ to,.the world. Beca.use we are Christians, we must not rest until society is Christian, .until all those who are looking for Christ have found Him. This will not be easy. World-changing is an expensive voca-tion. It demandstime, ~energy, and sacrifice. Often it means disap-pointment and fatigue, .But it is worth it. These things must.be accepted in Mary's spirit. She did not withdraw her commitment; retract her fiat. Neither must we. . . . The spirit of sacrifice which carried her,up. Calvary'sslopes is t.he same which ought to dominate our lives and make us always available when others are in need. The indifference to human recog-nition which carried Mary to Bethlehem and Egypt will .make us personable and kindly .even with those who .do not. seem to deserve such-treatment. The acceptance of God's will which filled her soul when she watched her neighbors reject Jesus will detach" us from suc~ cess, from" a craving for immediate results. "In ev.ery.way~ she is the model of tbose'.who desire to bear Christ to th~ world. - She possessed all the virtues of. the apostolic life in their fullness. The first of these is alertness--to the voice of God, to.the needs of others. The depths of Maryfs soul were ever wrapped in the divine presence, but the surface of her soul was keenly a.war_e of the desires and needs of those around her. At the marriage 139 ELLWOOD E. KIESER Reoieto for Religious least'of Cana, she quickly sensed the awkward position of her hosts. She felt their need and so went to Jesus that He might help them. She was always.in the right, place at the right time, on the spot when needed. On Calvary, at the crisis of His life, when His redemp-tive activity reached its fruition, Jesu~ wanted Mary nearby. She was there--to be proclaimed the mother of the Mystical Christ. The apostolic spirit is always marked by this alertness. The apostle has a great mission. He must look for opportunities to ful-fill it. This means tact and patience and instant response to the needs of others. It mean~ a constant search for those apostolic occasions --for the substitution of love for hatred, truth for error, decency for indecency. The apostle, like Mary, must be in the right place at the right time, with the needed word or deed. "Optimism is another apostolic virtue which Mary possessed in its plenitudi. Hers was not a superficial rose-tinting, but the pene-tration of reality to its depths, beneath its surface evil to its basic goodness. Mary knew that her mission would be fulfilled, that victory would be hers. God had told the serpent, "I will establish a feud.between thee'andthe woman, between thy offspring and hers; she is to crush thy heat1, while thou doth lie in wait at her heal." This optimism does not exclude suffering. But it does trans-form and give meaning to suffering. Mary's anguish on Calvary can hardly be exaggerated. And yet, amid it all," she knew that this death marked the beginning of a new life for her Son-~His mystical reign in the:souls of men. For~this reason, she could rejoice even on Calvary. The modern apostle should be permeated by the same spirit. His is a joyous life, for he possesses Christ. When met with trying situations, with seeming failure, he can say with that other apostle, "I can do all things in Him who strengthens me." Assured that the truth will out, that the gates of hell shall not prevail, he sings the magnificat with Mary. Victory will be his. But I('Iary has still another lesson to teach the modern apostle. She did not try to do extraordinary things. She took the ordinary; trivial duties of everyday life and made them the raw material for perfect sanctity. How did she do it? By performing these' little actions with great love, with a love which invested these insignificant things with momentous importance. This is the way she ~hanged the worldl. Her impact on history cannot be overestimated. Henry Adams calls her, "The. highest en-ergy ever known to man, the creator of four-fifths of his noblest art, 140 May, 1956 COMMUNITY CROSSES exercising vastly more attraction over the human mind than all the steam engines and dynamos ever dreamed of." He who is mighty has done great things through Mary. He will do the same for us. God does not want us to change our way of life. He wants us to sanctify it.He may not want us to take on additional duties. What He does want is the performance of those duties in the most Christlike way possible. There are plenty of op-portunities for Christbearing, for world-changing" in every walk of life, in every moment of the day and night. By seizing these occa-sions, by doing our job with great love for God and our fellow men, we will sanctify ourselves. We will change the world. It is trite to say that the world is in a frightful mess. But it is true. Men are unhappy as they have seldom been. Two billion peo-ple brood over atomic warfare. Children commit crimes shocking in adults. We grope for a solution, for a means of changing the world. And the solution, the means is given to us. When Christ's vicar on earth declared 1954 a Marian year, a year of special devotion to the Mother of God, he told ug to. go to her, that she might "bend tenderly over our aching wounds, convert the wicked, dry the tears of the afflicted and oppressed, comfort the poor and humble~ quench hatreds, .sweeten harshness, protect the holy Church, make all men feel the attraction of Christian goodness." Though the Marian year is over, Mary's influence has not come to an end. To the apostle, to all those who want to change the world for Christ, she offers strength, .guidance, and love. If we go to her, she~will-form Christ in our souls, that we might make Him incarnate in history. If we study her life, we will find the living blueprint which must become our own. She did what we are try-ing to do. We must walk in bet footsteps. Communit:y Crosses Winfrid Herbst, S.D.S. ONE of St. Bonaventure's helpful "Twenty-five Maxims" is as follows: "Bear all the persecutions of this world for the love of God, with great equanimity of mind; nay, more, accepting in desire all such persecutions were it possible, rejoice only in the sufferings of Christ. Refusing. the joys of this life, make merry in tribulations and be convinced that their purpose is to purify your soul from sin and to enrich it with merit." In this article I am not going to consider the big c~osses that a 141 WINFRID HERBST Reoieu; [or Religious community may have, those of which it seeks,, sometimes in vain, to rid itself because self:preservation is the first law of nature; for, according to the dictum of St. Thomas, every being resists as much as it can what tends to corrupt it. I am merely going to touch upon some of the numerous little crosses that are encountered in the religious life. They make up in number what they lack in size, and it is terrific how they can get on one's nerves. To make merry in these tribulations and to en-. dure them for the love of God, to be more like Christ in His suffer-ings, is indeed an endless source of merit. "Their purpose is to purify your soul from sin and to enrich it with merit," says St. Bonaventure. The crosses I have in mind have their roots in diversities of character. I might call them peculiarities, certain characteristics that one has and another has not.-Generally they are in themselves trifles, little things like the flies of the fourth plague, that finally began to breakthe v~ill of Pharao, as we read in the eighth ch~ipter of Exodus: "And there came a very grievous swarm of flies into the houses of Pharao and of his servants, and into all the land of Egypt: and the land was corrupted by this kind of flies.'" .These bothersome' little things certainly do put one's patience to the test in community life. Often enough one would be justified in, losing his equanimity in the midst of them. As one religious confided to another: "Yes; he is a saint and everybody, admits it; but he is getting to be such a strain on my nerves, that I. cannot stand it much longer!" If one has the saving sense of humor, it is amusingto recall how one aspirant left the religious life because a table companion was so utterly lacking in good manners; another, could hardly endure, it any longer because there was such a slamming of doors all over the pla.ce; and a third became all excited because doors and windows were left 9pen everywhere. One prays in a tone that is much too high; another, in a tone that is much too low. One prays too fast; another, too slow. One talks too much;.anqther,.too little. One laughs too much, too long, and too loud; another is. grim and morose and apparently sunk in the slough of despon.dengy. One is sensitive to a degree tQ ev.erytbing around him; another is so.hardened that be.hardly knows wheat is going on around him,but unconcernedly pursues his way. But let this indication suffice.A complete enumer~. ation, were it possi'ble,: would take too long. Each rFader will have little difficulty in adding to this list peculiarities that he finds in 142 May, 1956 COMMUNITY. CROSSES himself and in others. How should one react to this situation? In the expressive phrase of the day, so what? Well, to all such complaints the answer could be given that these are things from which no man can be entirely free. This is not saying that nothing can be done about it. In the first place e~eryone should honestly examine himself. Those who may or should do so might call the matter to the attention of the thotightless one. But this is not an easy thing to do. For some reason or other, it is easier to call another's attention to a big blunder than to get oneself tocall his attention to some little fault of his. One hesitates to do so; and, meanwhile, the community will have to bear the cross. The best thing is for the educators to take the young people in hand, while they are still pliable and can take it, and get them onto the beaten path. This is. not saying, however, that the educators are always to blame when some of the.ir onetime students give evidence of a lack of. consideration for others. It seems that even stainless steel will rust if for a long time no atten-tion is given to it. So what? Quid ergo? 3ust be patient! Not much consolation, to be sure, but actually the only thing to do. Take the divine Savior Himself; see how He had to bear with the imperfections of those around Him. "What are you arguing about .among your-selves? . . . How long shall I put up with you?" (Mark~ 9:15, 18.) We simply must ,accustom ourselves to bear with equanimity the manifold imperfections of others, to tolerate their ways, even when they are diametrically opposed to our own views and wishes. Cer-tainly no one would venture to look upon himself as a model in these things, for the simple reason that no one is absolutely perfect. In Psalm 90 we read: "You shall tread upon the asp and the viper, you shall trample under foot the lion and the dragon," and we stumble over pebbles and get all excited over little peccadilloes! In this connection a "good resolution might be: to tread manfully upon the asp of peculiarities, the viper of abnormalities, the lion of idio-syncrasies, and the dragon of eccentricities. Plenty of them can be found in religious communities. St[ Paul tells us what to do: "Bear one another's burdens, and so you will fulfill the law of Christ. For if anyone thinks himself to be something, whereas he is noth-ing, he deceives himself. But let everyone test his own work, and so he will. have glory in himself only, and not in comparison with another. For each one will bear his own burden" (Gal[ 6:2-5). There are some zealous souls who think that the superior can 143 WINFRID HERBST without more ado, and as a matter of duty must, eliminate all the things that I am calling community crosses. But that is not at all as easy as one might think; moreover, it is often difficult to say who is r!ght. All of us are Wont glibly to say: "'Virtus star in medio.'" But just where is virtue's golden mean to be found~ab, there's the rub! How often we are taken in, cunningly deceived, by our own self-love and our own big or little weaknesses; and we complain about our brethren, and about our surroundings, and almost about Almighty God Himself, when in all truth we should be complain-ing about our own sensitiveness. Quite in place, then, is the ad-monition of the Imitation of Christ: "Try to bear patiently with the defects and infimities of others, whatever they may be, because you also have many a fault which others must endure. If you can-not make yourself what you would wish to be, how can you bend others to your will? We want others to be perfect, yet we do not correct our own faults. We wish them to be severely corrected, yet we will not correct ourselves. Their great liberty displeases us, yet we would not be denied what we ask. We would have them bound by laws, yet we will allow ourselves to be restrained in nothing. Hence, it is clear how seldom we think of others as we do of our-selves. If all were perfect, what should we have to suffer from others for God's sake?" (Bk. I, Ch. 16.) I think it sometimes happens that a religious runs to the superior to complain about these community crosses and, while doing so, mentions apologetically that, of course, they are just little things. If they are just little things, why not practice mortification by en-during them! And if the superior would rebuke for his own faults the complainant and measure the reprimand as he is asked to measure it out to others, what an uproar there would be! Here I cannot help thinking of these words which the ordaining bishop addresses to the clergy and the people with reference to the deacons about to be or-dained to the priesthood: "If anyone has anything against them, before God and for the sake of God let him confidently come for-ward and speak. However, let him be mindful of his condition." Many a complaint we would never make, were we mindful of our own pitiable failings and more concerned about what we our-selves ought to do in order not to lose face in that tremendous day of dread and day of judgment, when we stand before that all-just 3udge who once, as the all-merciful Savior, spokethe words: "Let him who is without sin among you be the first to cast a stone at her" (3obn 8:7). 144 Devot:ion t:o t:he Sac ;ed I-lead: C. A. Herbst, S.J. DEVOTION to the Sacred Heart is one of the great devotions in the Church. It is most characteristic of Christianity, be-cause it is devotion to Christ, to the whole Christ, represented by the most important organ of His humanity, His heart, which symbolizes His greatest virtue, His love. One can hardly conceive a devotion more proper to.religious whose very purpose is to make their lives as conformed as possible to Christ's through the practice of charity. That it is most fitting for religious to practice the devo-tion appears also from the fact that .our Lord complained expressly and specifically that it is religious who treat Him in shabby fashion, "hearts consecrated to me that treat me thus," that is, with ir-reverence and contempt. 'God became man, the Second Person of the Blessed Trinity as-sumed a human nature, so that "we may be made partakers of His divinity, who vouchsafed to become partaker of our humanity," as we pray every day at the Offertory of the Mass. He wanted to be-come one of our human family so that we might with confidence draw close to Him. So in the many devotions to the sacred humanity of Christ which have naturally grown up as a result of the Incarnation there is a certain familiarity, though it be tempered with reverence. "There is a certain boldness of approach, a certain freedom of human lan-guage, a certain deeply reverential familiarity, yet still familiarity,, which distinguishes devotions to the Sacred Humanity. We have a distinct picture of the object of our worship in our minds which affects both our language and our feeling. Our Lord's assumption of our nature is a peculiar approach to us, to which we on our side have to correspond, and we correspond by this familiarity." (Faber, Bethlehem, ch. 4.) Since Christ is God, we offer His sacred humanity hypostatically united to the Word the same kind of worship we offer the Word Himself. This is divine worship, but of a kind "of which neither angels nor men could ever have dreamed without revelation, but which has been invented by God Himself." It has a character of its own, because based on created images and historical facts, and for this reason imprints on the soul a peculiar spiritual character with special force. The chief reason for which we worship Christ 145 C. A. HERBST Review for Religious in His mysteries "is the amount of the living spirit of Jesus which they both contain and communicate, contain in an inexhaustible measure and communicate according to the degree of our purity and fervor: and all holiness is but a transformation of us into the sub-stantial likeness of our Lord" (ibid.). We practice devotion to the various mysteries of Christ's life in order that we may come to know Him better arid love Him more. For the same reason we practice devotion to His sacred wounds, which place before our eyes His external sufferings, and to the Sac-red Heart, which manifests to us His internal sufferings. Such prac-tices are very valuable and help us imbibe the spirit of Christ, put on His virtues, and become inflamed with His affections. When enshrined in the sacred liturgy of the Church they have "no other object than that of acquiring this [true Christian] spirit from its foremost and indispensable fount, which is the active participation in the most holy mysteries and in the public and solemn prayer of the Cbu'r~h" (St. Pius'X, Motu Proprio, Nov. 22, 1903). Devotion to the Sacred Heart is one Of the last and most power-ful means God has given to save and sanctify men. "This devotion is a last effort df His love to save men in these latter days of His loving redemption" (St. Margaret Mary, Letter 133). In one of His apparitions to St. Margaret Mary, Christ said: "My divine Heart is so~ififlamed with love of men . . . that, being unable any longer to contain within Itself the flames of Its burning charity, It must.needs spread-them abroad . and manifest Itself to them [man-kind] in order to enrich them. with the precious treasures . . . which contain graces of sanctification and salvation necessary to withdraw them from the abyss of perdition" (Autobiography, no. 53). "He showed me that the ardent desire He bad of being loved by men and of drawing them from the path of perdition into which Satan was hurrying them in crowds, had caused Him to fix upon this plan of manifesting His Heart to men, together with all Its treasures of love, mercy, grace, sanctification and salvation. This He did in order that those who were willing to do all in their pov~er to render and procure for Him honor, love, and glory might be enriched abund-antly, even profusely, with these divine treasur'es of the Heart of God. It is the source of them all., It must 'be honored under the symbol of this Heart of flesh." (Herbst, The Letters of St. Mar-garet Mar~I Alacoque, 133.) "It must be honored under the symbol of this Heart of flesh." The heart of the God-Man, the ,heart formed by' His mother; the 146 May,. 19.56 DEVOTION TO THE sAcRED HEART "Heart of God," is the. material object of devotion to the Sacred Heart. ""Behold this Heart," our Lord said in the l~ist greag revela-tion He made to St. Margaret Mary. It is a physical heart, wounded and suffering. "After that I saw this divine Heart as on a throne of flames, more brilliant than the sun and transparent as crystal. It had its adorable wound and was encircled with a crown of thorns, which signified the pricks our sins caused Him. It .was sur-mounted by a-cross which signified that, from the first moment of His Incarnation, that is, from the time this Sacred Heart was formed, the cross was planted in It" (Letter ,133). He asked her for her heart "and placed it in His own adorable Heart" (Autobt'ography. no. 53). Of course we do not honor and adore the Sacred Heart of Christ as separated from His divine person. It is an essential part, the center, of the .life of the God-Man. '.'Jesus Christ, my sweet Master, presented Himself to me, all, resplendent with glory; .His five Wounds shining like so many suns. Flames issue from ever~r pair" of His Sacred Humanity, especially from His adorable Bosom, which re-sembled an open furnace and disclosed to me His most loving and most amiable Heart, which was the living source of these-flames" (ibid., no. 55). On December 2-7,. 1673, feast,of St. John, whom pious tradition assumes to have rested his head on our Lord,'s~breast at the Last Supper, "He made me repose for a long time.upon His Sacred Breast, where He disclosed to me the marvels.,.of His love and-the .inexplicable secrets of His .Sacred Heart, which so, .far He had concealed from., me. Then it was that, for the first time,. He opened to me His Divine Heart" (ibid:, no. 53). "~. .: The formal object of this devotion .is the love, of the Sadred Heart for men. "Behold this Heart, which, has loved, men so much, that It has spared, nothing, even to :exhausting and consuming Itself, in order to testify to them Its love'.' (ibid., no. 92): The heart is the natural symbol of love. -TO' it is attributed our love, our affections, Our interior dispositions. We are .said to love One with all our heart:, People are called, good-hearted or kind-hearted or great-hearted.'-We express tenderest affection when we.say: "I give you my heart." "My divine Heart," our. Lord said,. ".is so inflamed with lo.vef0r.men that it is.unable any longer to contain within Itself the flariaes of Its burning,charity.': He."disclosed to me His m6st loving and most ~miable Heart, which was the living source of these flames.It was-then, that He made~known to me the ineffable, marvels of his pure [love] and showed reel.to ,what-an 147 C. A. HERBST Reoiew [or Religious excess He had loved men" (ibid.; no. 55). This heart.is, presented to us as a heart that is wounded and bleed-ing and broken, a love that is unrequited, disregarded, spurned, re-ceived with ingratitude, and that even by religious. "And in return I receive from the greater number nothing but ingratitude by reason of their irreverence and sacrileges, and by the coldness and contempt which they show Me. in this Sacrament of Love. But what I feel the most keenly is that it is hearts which are consecrated to Me that treat Me thus" (ibid., no. 92). His heart, wounded, bleedir~g, encircled with thorns, surmounted with a cross, "was filled, from the'.very first moment, with all the bitterness, humiliation, poverty, sorrow, and contempt His sacred humanity would have to suffer during the whole course~of His life and during His holy Passion" (Letter 133). The natural appeal of a heart that is wounded and of a love that is unrequited is that we love it in return and make reparation to it. To this natural appeal our Lord adds an explicit request. He "showed me to what an excess He had loved men, from whom He received only ingratitude and contempt. 'I feel this more,' He said, 'than all that I suffered in My Passion. If only they would make-me some return for My love, I should think but little of all I have done for them and would wish, were it possible, to suffer still more. But the sole return they make for my eagerness to do them good is to reject Me and treat Me with coldness. Do thou at least console Me by supplying for their ingratitude, as far as thou are able" (Autobiography, no. 55). He asks that on a day espe-' cially set aside we honor His heart "by communicating on that day and making reparati6n to It by a solemn act, in order to make amends for the indignities which It has received during the time It has been exposed on the altars" (ibid., no. 92). Reparation is one of the most outstanding features in devotion to the Sacred Heart. St. Margaret Mary writes: "I think He will be very generous in granting you these [graces] if, by following the lights He gives you, you make reparation for the insults offered His adorable Heart" (Letter 14). Our Lord asks'for someone "who will most humbly ask pardon of God for all the offenses committed against Him in the Holy Sacrament of the altar" (Letter 50). The idea of reparation runs all through the new Mass and Office of the Sa~red Heart; and the Holy Father Pius XI, in.hisletter issued with them, says that "if this same Uncreated Love has either been passed over through forgetfulness or saddened by reason of our sins, then 148 May, 1956 DEVOTION TO THE SACRED HEART we should repair such outrages, no matter in what manner they have occurred . We are held to the duty of making reparation by ,the most powerful motives of justice and of love; of justice, in order to expiate the injury done God by our sins and to rfiestablish, by means of penance, the divine order which has been violated; and of love, in order to suffer together .with Christ, patient and covered ¯ with opprobrium, so that we may bring to Him, in so far as our human weakness permit~, some comfort in His sufferings." (Miser-antissimus Rederoptor, 1928). For this reason we have the feast of the Sacred Heart, the Communion Of reparation, the First Friday, the Holy Hour, even the Morning Offering. In the Act of Repar-ation prescribed for the feast of the Sacred Heart, we are "~eeking ¯ With special tribute ~f honor to atone for the sinful indifference of men and for the outrages heaped from every side upon Thy most Loving Heart." Consecration is important, too. In it "the intention to ex- Change for the love of the Creator the love of us creatures stands out most prominently" (Pius XI). The Holy Father Leo XIII ordered that an act of consecration especially written for the occa-sion be read in all the churches in the world on June I1, 1899. The substance of this consecration, ordered again by Pius XI in 1925 to be recited by all on the feast of Christ the King each year, is contained in the words: "We are Thine, and Thine we wish to be; but, to be more surely united with Thee, behold each one of us freely consecrates himself today to Why most Sacred Heart." This is an ot~icial expression of St. Margaret Mary's "I give and consecrate to the Sacred Heart of Our Lord Jesus Christ my per-son and my life, my actions, trials and sufferings," and of Blessed Claude Colombiere's "I give myself entirely to Thee, and henceforth I protest .most sincerely that I desire to forget myself and all that re-lates to me." All the elements of devotion to the Sacred Heart are wonder-fully' summed up in the prayer of the feast in June. "O God, Who dost deign mercifully to bestow upon us infinite treasures of love in the Heart of Thy Son, which was wounded for our sins; grant, we beseech Thee, that we who pay Him the devout homage of our piety, may in like manner show unto Thee our due of worthy satis-faction." It is to the looe for us of the human heart of Jesus wounded for sin that we want to render homage by consecration and make reparation. 149 C. A. HERBST : .': "Re~eu~ for Religious BIBLIOGRAPHY . Note. Thig'is a short, simple bibliography giving a few books written in English from which one can get a g6od, authentic knowledge of de;cot;on to the Sacred Heart. A brief description and app?eciation of each book is given. Autobiogr'alJh~ . Life of Saint Margaret Mar~ Alacoque. Trans-lation of the Authentic French Text by the Sisters of the Visitation. Roselands, Waimer, Kent. Visitation Library. 1952. Hei'der Co., St. Louis. This is an account of her own interior life ~ri~.ten by St. Margaret Mary under obedience about five years before her deash. It contains the great revelations the Sacred Heart made to' her. It is a small book of about 125 pag~ and the most authentic source of the devotion to the Sacred Hear~. He~bst, Clarence A., S.J. (Ed.) The Letters of Saint Margaret MaGI Alacoque. Translated from the French. With an Introduc-tory Essa~ by J. J. Doyle, S.J. Henry Regnery Company, Chicago. 1954. Next to the Autobiograph~t, this is a most authentic source of devotion t6 the Sacred Heart and supplements the Autobfographt.t. There are 142 letters, the most predominant ideas in them being fervent devotedness" to the Sacred Heart and an enthusiastic love of suffering for Him. Letters 130-139 were written to Father Croiset and form the basis for the book bt~ published on devotion to the Sacred Heart immediately after her death. C~oiset, John, S.J. The Deootion to the Sacred Heart of Our Lord Jesus Christ. The Newman Press, Westminster, Md. 1948. This work is based on the letters mentioned above. F~lther Croiset deliberately waited until after the death of St. Margaret Mary to publish his book s0"that h~ could preface it with.a life of her. This life covers some forty pages. After that are explained the disposi-tions and means necessary to acquire the devotion and the obstacles and means to overcome them. Then come motives, and practices for every yeaL month, week, day, and even hour.: The intimate connection betweefi devotion to the Sacred He~l~t"iafid th.e)Hol~r Eucbakist is~ brought out by explaining how to visitS:the Blessed Sacrain~nt,.he'ar M'~iss, and receive Holy Commuhion. MeditatiiJns for Friday "are given. In an appendix are given the complete prayers of St. Margaret Mary and others prayers to the Sacred Hefirt: Gall;fief; .3oseph d~, S.J; The 7~dor~ble Heart of Jesus. "With Preface and'Iiii~roduc'tion by.:Father Richard" Clarke; S.f." Burns and Oates, London. 1887. Father Gall;fret was a spiritual son of 150 May, 1956 DEVOTION TO THE SACRED I-IEART Blessed Claude de la Colombiere, the director of St. Margaret Mary. He wrote this book only thirty-six years after her death and spent his life in promoting devotion to" the Sacred Heart and working for the establishment of a feast in its honor. He explai'ns the origin, progress, and nature of the devotion ~and the excellence of its object and end. He goes on to the interior and exterior workshop of the Sa.cred Heart and to the devotion, feasts, office, and pictures of the Sacred Hearts of Jesus and Mary together. He is a theologian of the Sacred Heart. Bainvel, J. V., S.J.Devotion to the Sacred Heart. The Doctrine and Its History. Translated from the Fifth French Edition by E. Leahy. Edited by Reverend George O'Neill, S.J., M.A. Burns Oates and Washbourne, Ltd., London. 1924. This is a classi-cal exposition of the devotion to the Sacred Heart, written by a learned scholar and theologian. He ~first )resentg the devotion as revealed by the Sacred Heart in the great apparitidn.s to St. Margaret Mary, then explains the practices, spirit, and promises: There fol-low. doctrinal explanations on the meaning and object of the de-votion, its historical, dogmatic, and philosophical foundations, and on love as its speciaI act. Its historical development from the be-ginnings through the middle ages to early modern times is given, and the new impetus given by St. Margaret Mary. For the most recent and crowning glory given the devotion by the Holy Father Pius XI we go to a more recent book. McGratty. Arthur R., S.J. The Sacred Heart Yesterday and Today. Benziger. Chicago. 1951. This is the more receht book, written by the national director of the Apostleship of Prayer. It gives the nature of the dbvotion and its bistory tbrou~b tbe Re-formation. After a chapter on St. John Eudes; it explains the de-votion as given to St. Margaret 'Mary in the great app.aritions, Blessed Claude de la Colombiere's connection with it, and the Sac-red Heart Badge. After the defeat of Jansenism and the nineteenth-century advance, we come to the times of Leo XIII and Plus X[ when the whole world is consecrated to the Sacred Hoart and de- ;;;Orion to ti4e Sacred He'art has become the world'~ d'~votidn. At the. end of the book is a select bibliography which wiilriehly sup-plement the meager one given here. 151 For Your Informal:ion Shadowbrook Fire Three priests and a lay brother died in a fire which destroyed Shadowbrook, the 3esuit novitiate and juniorate at Lenox, Mass., in the early morning of March i0. The victims were Fathers Stephen A. Mulcahy, Henry B. Muollo, Arthur B. Tribble, and Brother Henry A. Perry. Among six who were hospitalized with burns and other injuries was Father 3ohn R. Post, master of novices and one of our consistent contributors. The more than one hundred novices and juniors have since been "adopted" temporarily by the Jesuit novitiates in neighboring provinces. Plans for a new Shadowbrook are already under way. Revised Hospital Directives A second, and revised, edition of Ethical and Religious Directioes for Catholic Hospitals was recently published by the Catholic Hos-pital Association of the United States and Canada. The revision in-cludes not only clarification of a few somewhat obscure provisions of the first edition but also new matter concerning professional sec-recy, experimentation, ghost surgery, psychotherapy, shock-therapy, unnecessary procedures, and the spiritual care of non-Catholics. An appendix contains abundant reference material, with apt references to recent statements of the Holy See. There is also a detailed alpha-betical index. An especially useful aspect of the revised edition is that the individual directives are numbered consecutively, thus fa-cilitating reference to the booklet. The price per copy is 25 cents; quantity prices are available. A set of six booklets, including the Directioes and five small volumes of Medico-Moral Problems by Gerald Kelly, S.J., can be obtained for $2.50. Order from: The Catholic Hospital Association, 1438 South Grand Blvd., St. Louis 4, ¯ Missouri. Franciscan Poems The Franciscan Institute, St. Bonaventure, N. Y., has just pub-lished Where Caius Is, a small book of poems by Sister Mary Francis, P.C., who wrote the article on St. Thomas Aquinas, "The Silence and the Song," published in REVIEW FOR RELIGIOUS, March, 1955. Sister Mary Francis has also published two plays, Counted as Mine and Candle in Umbria, and a smaller book of poems entitled Whom I Have Loved. The new book (Where Caius Is) may be obtained From the Franciscan Institute or from: Rev. Mother M. Immaculata, P.C., Poor Clare Monastery of O.L. of Guadalupe, Route 1, Box 152 FOR YOUR INFORMATION 285-C, Roswell, New Mexico. Price: $1.75. Vocation Insfifutes The tenth annual Vocation Institute will be held at the Uni-versity of Notre Dame, July 12-15. For information, write .to: Rev. John J. Doherty, C.S.C., the Vocation Instituge, Notre Dame, Indiana. On July 25-26, the sixth annual Institute on Religious and Sacerdotal Vocations will be held on the campus of Fordham Uni-versity. Priests, religious, and laity are invited to attend. A special week-long workshop for mistresses of novices is also planned. Ad-dress all communications to: Rev. John F. Gilson, S.J., Fordham University, New York 58, N. Y. Summer Sessions Special courses in the sacred sciences will be offered for religious this summer at St. Bonaventure University. These courses (includ-ing dogma, moral theology, liturgy, ascetics, Sacred Scripture, etc.) will be designed to assist the teacher of religion on the college, high-school, and grade-school level. A course in canon law for religious superiors and directors of religious vocations will include the teach-ing of the Church regarding the reception and profession of religious, the government of religious communities, privileges and obligations of religious. Sisters of Franciscan communities will have the oppor-tunity of taking classes in Franciscan theology and spirituality. Registration will be on June 30. All graduate courses lead to the master's degree. Those who are not qualified for degrees may ob-tain a certificate in theolbgy provided they fulfill the other require-ments. For additional information, write to: Director of Summer School of Theology, St. Bonaventure, N. Y. In its summer session of June 18-July 27, St. Louis University will pioneer in the United States in presenting Kerygmatic Theology as academic courses. Father J. Hofinger, S.J., a noted lecturer in this "new" theology, will teach tWO classes (both 3 credit-hour courses), one on basic doctrine, the other on method and discussion. Other standard religion courses will also be offered. For further informa-tion on this and other summer sessions, write to: Director of the Summer Sessions, St. Louis Uniyersity, St. Louis 3, Missouri. The Creighton University continues with its cycle of graduate-level courses in theology for religious. The offerings this summer include courses on the Incarnation and Redemption, on the New Testament and St. Paul, on principles of moral guidance, and on 153 FOR YOUR INFORMATION Review for Religious fundamental theology. Six h6urs of advanced nursing will be available. Besides these and the standard summer-session courses, there will be many workshops. For the workshop on liturgical music in conjunction with Boys Town, see below. Creight6n'~s summer faculty includes several religious as guest lecturers: from the Bene-dictines, Dominicans, Franciscans, Sisters of Charity of the B.V.M., Sisters of the Humility of Mary, and the Servants of Mary. For a complete list of the workshops and for other information, write to: Director of the Summer Session, Creighton University, Omaha 2, Nebraska. Boys Town will hold its fourth annual workshop in liturgical music, under the director of inusic, Father Francis P. Schmitt. The dates are August 20-31, inclusive. This two-week workshop will include a survey of liturgy and liturgical music, reading and per-formance of materials and chant, polyphonic and modern liturgical music. Rich library facilities and extensive consultant service will be provided. Boys Town conducts this workshop in conjunction with the Creighton University, thus offering an opportunity to quali-fied persons to earn three college credits. Address all inquiries to: Rev. Francis P. Schmitt, Director of Music, Boys Town, Nebraska. A summer school in theology for religious will be;held at the University of Ottawa, July 2--August 7. Courses this year will be on the Triune God, the sacraments, creation and providence, and the Christian virtues. For detailed information, write to: Director of the Summer Scho61, University of Ottawa, Ottawa 2, Canada. The Institute of Theology for Religious Wc~men, offered in co-operation with the. Dominican Fathers, will be held in Immaculata College, Iha~actilata, Pennsylvania, June 27--TAugust 8. A pro-gram of four summer sessions" leads to a certificate in Thomistic Theology, Sacred Scripture, and Canon Law. The presqribed courses in the realm 6f'sacred sciences furnish an excellent background for religious teache~[ " Summer of 1956--the first and ~econd year pro-grams will beoffered.Residence facilities will be available. For further information address: The Director of Summ~'r Session, Im-macfilata Col.lege, Immaculata, Pennsylvania. MidnigM" Mass on Christmas in Religious and P!ous. Houses Can. 821, § 3, ~eads: "But in all religious houses and pious homes,"if "they have an oratory with the right of ~habitual reserva-tion. of the Most Blessed~Eucharist, on Christmas.night one priest may celebrate"the:three Masses of the liturgy.or,, observing the usual 154 Ma~!, 1956 FOR YOUR .|NFORMATION regulations, a single Mass, at which all present can satisfy their obligation of hearing .Mass, and at which the priest may distribute Holy Communion to those who request it." 1. Admitted interpretation in the past. The privilegeof having such Masses is granted by the Code of Canon Law, and no further permission of ecclesiastical authority is required for its use; The privilege extends to all religious houses, formal or non-formal, of any religious institute, whether an order or a congregation, exempt or non-exempt, clerical or lay, pontifical or diocesan, of men or women, and likewise to all houses of societies living in common without public vows and to those of secular institutes. The privi-lege applies equally to all piou~ homes. These areinstitutions de-voted to pious works, especially of mercy and charity, e.g., hospitals, orphanages, homes for the aged, schools, seminaries. Prisons are also included, since the chaplain devotes himself to ~he reform and rehabilitation of the inmates. It is not necessary that these insti-tutions be directed by or depend strictly on ecclesiastical authority nor that they be in the care of religious. The oratory of habitual reservation of the Blessed Sacrament may be semipublic or public. One, two, or three Masses may be celebrated, but by the one priest. Mass may be begun at any time after, but not before, midnight. 2. PractiCal poir~t that was doubtful in the past. On Novem-o bet 26, 1908, the Sacred Congregation of the Holy Office declared that it was not permitted to celebrate such Masses "with the doors of the oratory open." This restriction was not included in can. 821~ ~ 3, and both canonists and moralists have disagreed as to whether the restridtion remained in force after the Code of Canon Law became effective on May 19, 1918. The restriction forbade the admission (;f .tb.e general public but not of a small number of externs nor of invited guests. :.:. 3. Autboritatit~e solution of the doubt. An. apostolic nuncio submitted, the.following q.uestion-to the Pontifical Commission for. the Interpretation of the Code of Canon Law: "After the promul-gation of the CodeofCanon Law, does the declaration .of the Holy OffiCe ~f November. 26, -1908, " .oncerning the first question [cele-. brating with,the doors, open] remain .always .valid with regard to. the use of the faculty authorized by can. 821, § 3;. and if in the. ~ffirmative~ does this imply, the exclusion, of externs from,assistance at: the midnight .Mass bn Christmas?.': His. Eminerice~. th~:;late.Car-. 155 QUESTIONS AND'ANSWERS Review for Religious dinal Massimo Massimi, then president of the Commission, gave the following interpretation on March 5, 1954, Prot. N. 1/54: "One cannot see how it can be maintained that in the sacred func-" tions of which the aforesaid canon speaks externs may not be ad-mitted and still less that the doors may not be kept open, since there is no trace of such a prohibition in this same canon which regulates the matter." This reply, although not as yet officially promulgated, is to be considered as authentic, general, and merely declarative of the sense of the canon, as is obvious from the words of the reply. There-fore, it is now certain that canon law places no restriction whatever on the admission of externs to the Masses in question. Cf. Ochoa, Commentarium Pro Religiosis, 33 ( 1954), 329-52 ; Bergh, Nouvelle Reoue Tb~ologique, 77 (1955), 188-90; Revue des Communaut~s Religieuses, 27 (1955), 111-13; La Vie des Communaut~s Re-ligieuses, 13 (1955), 263-64. ( ues ions and Answers ml7-- Is the quinquennial Repod" fo the Holy See due in 19567 Father Ellis explained this report in the REVIEW FOR RELIGIOUS, 8 (1949), 234-40; 10 (1951), 20-24. The following is a sum-mary of his articles. 1. Who must make this report in 19567 All congregations of brothers; all superiors general of religious institutes of women in all the countries of North, Central, and South America; and the higher superioresses of independent monasteries or houses of the same countries. The superioresses general of societies of common life, sec-ular institutes, and confederations throughout the world will dis-charge this obligatibn in 1957. 2.Lan. guage in which the report is to be ~vritten. Brothers and religious women may use the vernacular, that is, English, French, German, Italian, or Spanish. 3. May it be typed? The report should be typed if at all pos-sible. If written by hand, the handwriting must be clear and good ink used. Good bond paper, not too heavy, and not translucent should be used. 4. Merely number question. Merely put the number of the question before the answer; db not repeat the question before the 156 Maq, 1956 QUESTIONS AND ANSWERS answer. 5.Method of a~swering. Answer the questions with a complete sentence, not with a mere "yes" or "no." . 6. Time of handing in. The report may be handed in any time .during 1956, but it should cover the five-year period from ! 9.51-55, inclusive. 7. Signing the report. The superior general and all the general councilors must sign the report. 8. To wbbm t's report sent? After it has been authenticated b~r the signature of the local ordinary of the mother house, the rep0rt is sent by pontifical institutes directly-to the Rev. Segretario, S.Con: gregazione dei Religiosi, Palazzo delIe Congregazioni, Piazza S. Cal-listo, Roma, Italia. All diocesan institutes and independent monas-terles and houses.are to send their report to the local ordinary of their motlqer house. When he has read it, he will add his comments and S~fid the report to the S. Congregation of Religious. If the diocesan congregation has houses in other dioceses, the local ordinary of the mother house must send copies of the report to these, local-ordinaries and, after receiving their comments, add them to his own before se.nding the report to the S. Congregation. " 9. Where ma~. copies of tbb"report be obtained? Copies may be o~Dined fo, r $1.50 from the Rev. Ar.chlvlsta, S. Congregazmne Rel!giosi, e.tc., as above in n. 8. The questions for pontifical insti-i: utds' are obtainable from this source in Latin, English, French, Ger-man, Italian, and Spanis.h; those for diocesan in'stitu'tes and inde-p~ endent monasteries' and houses only in Latin. 10. In what other sources can.the, r~;vort be found? T'he report for pontifical institutes is found in English in the REVIEW FOR RE-LIGIOUS, 9 (.1950), 52-56: 108-12; 166-68; 209-24; 269-79, and also in'B0uscaren, Canon Law Digest, III, 162-203. The re-port for diocesan institutes in English is found in Creusen, Religious Men and Women in the Code, 5th ed., 278-316, and in French in "La Vie des Communaut& Religieuses, .8. (1950), 257-88. The re-port for .independent monasteries.and houses in E.nglish is found in {he REVIEW FOR RELIGIOUS, 13 (1954), 251-269, and in French in Revue des Communaut~s Retigieuses, 24 (1952), 3-16. --18- ,,We offer two Holy Communions for any deceased member of our In-stitute. However, Ihave been instructed more than once that no one can offer a Communion for ~no+her. Holy Communion as a suffrage for the. dead is a common and 157 QUESTIONS AND ANSWERS Re~iew ~or Religious ancient practice in religious institutes and also among the faithful in general. A Communion received for another does not effect grace in the other person ex opere operato. The intention in a Communion received as a suffrage for the dead is to obtain the deliverance of a soul from the pains of purgatory. The influence of Communion to this effect is ex opere operantis, by way of merit de congruo, im-petration,. and satisfaction, and also by the application of any in-dulgences attached to the Communion and applicable to the souls in purgatory. The fervor of prayer and its impetrhtory value are usually greater because of the reception of the Eucharist. The satisfactory value arises from the increase of divine charity effected by Communion and also because Communion contains the note of something diffi-cult and contrary to the inclination of nature. Since the union with God in Holy Communion is highly conducive to the increase of these values, it is evident that Holy Communion as a suffrage for the dead is a most commendable practice. Cf. Van Noort, De Sacra-mentis, I, n. 397; Doronzo, De Sacramentis, I, 733-35: Beraza, De Novissimis, n. 1268. Are exempf religious ob]iged ÷o say 7o Mass collecfs prescribed (ora-flones imperatae) by fhe local ordinary? All priests, diocesan or religious, even if exempt (S. R. C., 2613, ad 1; 3036, ad 5: can. 612), also if they are visiting priests and do not reside in the diocese, are obliged to say the orationes imperatae in any church or oratory, even private,, within the diocese in which it is prescribed. (Cf. J. O'Connell, The Celebration of Mass, 189; Hecht, Rubricae Generales Missalis, 48; Hebert, Lecons de Liturgie, II, 203.) The local ordinary may establish that the irnperata is to be omitted on more days than those stated in the rubrics. (S. R. C. Lauretana, December 14, 1927.) A pad he may also exempt places that are not exempted by the rubrics. If he has not expressly done either, these prayers are to be said according to the norms of the rubrics, which are given above with regard to person and place. While the obligation is clear, it is also a fact that at least very many priests find the orationes imperatae of prolonged duration highly monotonous, annoying, and a complicating factor in Mass. It is frequently stated by commentators that in the spirit o~ the General Decree on the Simplification of the Rubrics of March 23, 1955, orationes imperatae should now be prescribed less frequently and for lesser periods of time. A quick analysis of the general de-cree will reveal that a prolonged imperata is not in keeping With the 158 Ma~ , 1956 QUESTIONS AND ANSWERS evident purposes of the decree of decreasing ~omplications, reducing the number of prayers, of lessening monotony, and eliminating ex-traneous elements in both the Mass and the Divine Office. A prolonged oratio imperata pro re gravi also loses its nature of a special petition. 20 In our concjrecjafion no one makes a will. Aren't we oblicjed by canon law to make wills? This is a case of disturbed and even disturbing ignorance of canon law. A will is a disposition in whole or in part of the property that one will own at death by an act that is revocable until death and effective only at death. All novices in all congregations and also in monasteries of nuns of only simp.le vows, whether they actually own property or not, before their first profession and consequently in the last weeks (about the last month) of the noviceship, must make a will for all property that they then actually own and that they may own in the future. If for any reason the will was not made during the noviceship, it is to be made after first profession and as soon as possible. Those who made profession before the Code of Canon Law (May 19, 1918) are not obliged to make a will. At least .if they actually own property, they are to be most strongly urged to do so. The subject is perfectly free in the determination of the dis-positions of the will. Novices in orders (institutes of solemn vows) are not obliged to make a will, but they may do so. They also are to be strongly urged to make a will, at least if they actually own property and especially if the interval between the noviceship and solemn pro-fession is very long. A novice destined for only simple perpetual vows in an order should make a will. The will of novices destined for the solemn or an equivalent simple vow of poverty will be ef-fective only if they die before taking such a vow, since the solemn profession takes away all property rights. The will is to be made even if the novice does not actually own property, i. e., he is then to make the will only for property that he may acquire in the future. Even if they are under age and their wills are invalid by civil law, the novices are to make a will, which will oblige by canon law and in conscience. When they reach the requisite age, they are to make ,the will in a form that is civilly valid: but they are not to change the dispositions without the necessary permission. It is illicit but not invalid to change the dispositions of a will without the permission ordinarily of. the Holy See; but, if the case 159 QUESTIONS AND ANSWERS Review for Religious is urgent and" there is no time for recourse to the Holy See, without the permission of a higher superior; and, if recourse cannot be made to a higher superior, without that.ofthe local superior. A novice made his temporary profession on August 18, 1953. May he make his perpetual profession on August IS, 19S6, when all the others of his group will be making their perpetual vows.'? If .he does, his perpetual profession, whether solemn or simple, will be .certainly and evidently invalid. Canon law demands three ,full years of temporary vows for the validity of any perpetual pro-fession.~ The time in this case expirep on the anniversary day (August 18, 1953-August 18,¯ 1956). The time in this and all of the fol-lowing cases is computed physically, mathematically, not morally. Therefore, if the perpetual profession in the preceding case is made on August 17 and only an hour or only a minute is lacking to August 18, the perpetual profession is certainly and evidently invalid. ¯ The. time is completed on the day" following in these cases, in all of which the duration is required for validity: the complete year required for the validity of the noviceship (August 1~4, 1955-August 15, 1956) ; 'the fifteen complete years of age required for the validity of the canonical year of no,ciceship (~August 14, 1941-August 15, 1956); the sixteen required for any temporary profession (August 14, 1940-August 15, 1956); the twenty-one for perpetual profes-sion, whether solemn or simple (August 14, 1935-August 15, 19~6) ; the forty required for a superior or superioress general and for a superioress of a monastery of nuns (August 14, 1916-August 15, 1956) ; the thirty for other higher superiors (August 14, 1926- August 15, 1956); the ten complete years from first profession re-quired for any higher superior (August 14, 1946-August 15, 1956). The following are computed in the same way as in the preced-ing paragraph but are required only for liceity: the postulancy (Feb-ruary 14, 1956-August 15, 1956) ; the thirty-five years of age usu-ally required by the constitutions for general officials and" demanded by the Code for'the master or mistress of novices (August 14, 1921- August 15, 1956); the thirty years commonly required by the con-stitutions for local superiors and demanded by the Code for the as-sistant master or mistress of novices (August 14, 1926- August 15., 1956); the ten years from first profession required by the Code for the master or mistress of novices (August 14, 1946-August 15, t956) and the five years also demanded by the Code for the assistant master or mistress of novices (August 14, 1951-August 15, 1956). 160 Mar , 195~ QUESTIONS AND ANSWERS Unless the particular law of the institute states otherwise, a noviceship of two years is completed on the second anniversary (August 15, 1954-August. 15, 1956). The'same principle is true ofa noviceship of eighteen months. When the constitutions demand a greater duration than that required by the Code for validity, this added duration is prescribed only for liceity unless the constitutions certainly state that it is necessary for validity. This principle is true of a noviceship of eighteen months or two years, of temporary vows prescribed for four, five, or six years, of a greater age for the profes-sions, for the office of higher superior, or of added years of profession demanded for this same office~ For example, can. 504 requires that the provincial have completed his thirtieth year for the validity of his appointment or election. If the constitutions demand thirty-five years of age, the added five years are required only for liceity. Time is especially to be .watched with regard to the noviceship and temporary profession. The first canonical maxim of the novice-ship is that an invalid noviceship renders any subsequent profession invalid. The first canonical maxim of temporary profession is that a temporary profession of less than three full years renders the per-petual profession invalid. The first canonical maxim of all these cases of time is that time is computed physically, mathematically, not morally. A candidate appl!ed for our institute who had been born of a mixed marriacje and baptized a Catholic in'infancy. The Catholic parent died durincj his infancy, and he was then broucjht up ,~s an Episcopalian. lie was converted to the Catholic Church'at tfi~ ~.cje of fifteen. Is he af-~ fected by the impediment of, "those who have renounced the C;atholio faith and joined a non-C:atholie sect (c. 542; '1 o)?. An impediment is to be strictly interpreted, i. e., its extension is to be confined to the narrowest sense possible within the proper meaning of the wording of the law (c 19).'Therefore, those bap-tized as Catholics, whether their parents were Catholics or non- Catholics, but brought up from irlfar~cy in heresy, schism, infidelity, or without any religion and who were later converted to the Cath-olic Church are not included in this impediment of can. 542, 1", which demands that the subject have. knowi.~gt~ pro~fessed the Cath-