U.S. Senate Foreign Relations Committee Holds Hearing About Cuba

On May 20th the U.S. Senate Foreign Relations Committee held a hearing, “U.S.-Cuban Relations—The Way Forward.”[1]

 Chairman Corker’s Opening Statement

Senator Bob Corker
Senator Bob Corker

The Committee Chair, Bob Corker (Rep., TN) opened by stating that the hearing would focus “on the strategy behind the President’s significant shift in U.S. policy towards Cuba.” Even though this shift “has been welcomed in Latin America and the Caribbean . . . significant differences of opinion exist in the [U.S.] over the extent to which this change in policy will advance U.S. interests and improve circumstances for the Cuban people.”

Therefore, according to Corker, the strategic issue was “how our nation can best engage strategically with the region and beyond to help Cuba rejoin the mainstream of the Americas and offer its citizens the same rights and freedoms enjoyed by citizens of other countries in the region.”

Ranking Member Cardin’s Opening Statement

Senator Ben Cardin
Senator Ben Cardin

The Ranking Member of the Committee, Senator Ben Cardin (Dem., MD), stated, “The President’s action [on December 17th] brought with it a new opportunity to forge a bilateral relationship that will strengthen our efforts to advance and defend U.S. national interests, and will allow our government and our citizens to expand support for the Cuban people. Today’s hearing provides an important opportunity to review the advances achieved under the Administration’s new Cuba policy and to understand the strategy for moving forward.  Without a doubt, this is a complicated process and it will take time to achieve the progress we want to see.”

“[W]e all stand together in our aspirations to see the Cuban people have the opportunity to build a society where human rights and fundamental freedoms are respected, where democratic values and political pluralism are tolerated, and where individuals can work unobstructed to improve their living conditions. We also share concerns about critical issues, such as the Cuban government’s ongoing abuse of human rights and the presence of American fugitives in Cuba, especially those wanted for the murder of U.S. law enforcement officers.”

“But, the central question is: how can we best advance these aspirations while also addressing these concerns? It goes without saying that our previous policy did not achieve the progress that we wanted to see, and so a new approach is needed.”

“President Obama has laid out a new path based on the belief that principled engagement will bring more results. I think that this is the right path for the following reasons:

“First, for far too long, the Cuban government has used U.S. policy as an excuse to justify its shortcomings and the hardships the Cuban people face.  The Cuban government also has exploited U.S. policy for diplomatic gains, focusing international debate about what the U.S. should do, rather than about what Cuba needs to do to better provide for its citizens.”

“Second, despite differences we may have with a government, our foreign policy should always endeavor to support that country’s people to the greatest degree possible.  Our disagreements with the Cuban government are well known and many.  But, over time, we have allowed those disagreements to get in the way of developing a strategy that utilizes all of our resources to empower the people of Cuba.”

“I have no doubt that the dynamism of American society will make a positive contribution to empowering the Cuban people and provide them with the information they need to build the future of their country.”

“Third, the Administration’s new Cuba policy will provide the U.S., and especially our diplomats, with new tools to engage directly with the Cuban government to have principled and frank discussions about the issues we disagree about and how we might work together better on issues of common interest.”

Testimony of Assistant Secretary of State Jacobson

Assistant Secretary Roberta Jacobson
Assistant Secretary Roberta Jacobson

Roberta Jacobson, Assistant Secretary of State for Western Hemisphere Affairs, testified, “[W]e have begun to see the Administration’s new approach to Cuba providing space for other nations in the hemisphere and around the world to focus on promoting respect for human rights and fundamental freedoms in Cuba and elsewhere in the region. This was illustrated at the Summit of the Americas in Panama last April. Engagement by the President and the Secretary at the Summit re-invigorated our momentum on a variety of issues.”

“Our new approach has drawn greater attention to the potential for greater political and economic freedom for the Cuban people and the gap between Cuba and other countries in the Hemisphere. More Americans are travelling to Cuba, getting past the rhetoric, meeting Cubans, and building shared understanding between our people. We have seen practical cooperation in our official dialogues with Cuba on issues in our national interest like maritime and aviation safety, telecommunications, and environmental cooperation.

“Our future discussions on law enforcement cooperation, coupled with the ongoing migration talks, will expand the avenues available to seek the return of American fugitives from justice as well as the return of Cubans residing illegally in the United States. The same is true for future talks on human rights and settling American claims for expropriated properties. Most importantly, the President’s new approach makes clear that the United States can no longer be blamed as an obstacle to progress on things like access to information and connecting Cubans to the world.”

Nevertheless, “significant differences remain between our two governments. We continue to raise our concerns regarding democracy, human rights, and freedom of expression. And we will seek to engage with all Cubans to gain their perspectives on the best way forward for the country.”

“Our policy towards Cuba is based on a clear-eyed strategy that empowers the Cuban people to determine their own future by creating new economic opportunities and increasing their contact with the outside world. That is why we made it easier for Cuban-Americans to travel and send remittances to their families in Cuba, and opened new pathways for academic, religious, and people-to-people exchanges. These changes create powerful new connections between our two countries and help the nascent private sector in Cuba, which is already an agent of positive change on the island. The steps we have implemented build on this foundation by increasing authorized travel, authorized commerce, and the flow of information to, from, and within Cuba.”

“Our new approach emphasizes targeted forms of commerce that offer economic opportunity to independent Cuban entrepreneurs or, like expanded communications, benefit all Cubans. Comprehensive changes in our economic relationship will require Congressional action to lift the embargo. The President has urged Congress to begin that effort. In the meantime, we are using available policy tools to promote a prosperous, democratic, and stable Cuba.”

“In a short period of time, we have already started to see U.S. enterprises seizing the new opportunities. The regulatory changes we announced are intended to increase the financial and material resources available to the Cuban people and the emerging Cuban private sector. They also enable U.S. companies to offer expanded telecommunications and internet services in ways that could help Cuban civil society members advance their aspirations and collectively become more prosperous.”

“Regarding the Administration’s decision to rescind Cuba’s designation as a state sponsor of terrorism, as President Obama said, ‘throughout this process, our emphasis has been on the facts.’ . . . We will continue to have differences with the Cuban government, but our concerns over a wide range of Cuba’s policies and actions do not relate to any of the criteria relevant to that designation.”

“While progress has been made in our efforts to reestablish diplomatic relations, there is more to do to ensure a future U.S. Embassy will be able to function more like other diplomatic missions elsewhere in the world and foreign diplomatic missions in Cuba. Even today, under challenging circumstances, our diplomats do their very best to represent the interests and values of the United States, just as we do in hundreds of places around the world. Our engagement with the broadest range of Cubans will expand once we establish diplomatic relations with Cuba.”

Testimony of State Department Counselor Shannon

Counselor Thomas A. Shannon, Jr.
Counselor Thomas A. Shannon, Jr.

State Department Counselor Thomas A. Shannon, Jr. testified, “My purpose today is to address the regional context in which . . . [the U.S. Cuba] policy is unfolding, and to lay out some of the strategic dimensions of our diplomacy.”

“The decision to engage with Cuba and seek normalization of our bilateral relationship attempts to create a new terrain on which to pursue a future that meets our interests and corresponds to our values. Our commitment to democracy and human rights, and our desire and hope that the Cuban people will know the benefits of liberty and become the sovereigns of their own destiny, is no less for our action.”

“The President has been clear about the commitment in our Cuba policy to our enduring and fundamental principles of self-government and individual liberty. However, he has also been clear about our inability to effect significant change in Cuba acting alone across so many decades. Instead, he determined that our efforts would be more effective if we could position Cuba squarely within an inter-American system that recognizes democracy as a right that belongs to all the peoples of our Hemisphere, believes that democracy is essential to the political, economic, and social development of our peoples, and has the juridical instruments, treaties, and agreements to give shape, form, and weight to these commitments. It was our determination that this kind of environment would be the most propitious to support the only legitimate agent of peaceful and enduring political change in Cuba: the Cuban people.”

“The Americas, and specifically Latin America, has anticipated many of the events that are shaping our world. It is a region that has moved largely from authoritarian to democratic government, from closed to open economies, from exclusive to inclusive societies, from autarkical development to regional integration, and from isolation to globalization.”

“Latin America is the first developing region of the world to commit itself explicitly to democratic governance through the Inter-American Democratic Charter, the first to build a democratic model of development, and the first to establish regional structures to promote and protect human rights.”

“While creating a broad base of shared political values, Latin America has also constructed shared economic understandings and a commitment by many of the most successful countries in the Hemisphere to market economies and free trade. In the process, it has built sub-regional integration and political dialogue through organizations like the Common Market of the South, the Andean Community, the Union of South American Nations, and the Central American Integration System, all the while preserving larger hemispheric institutions, such as the Organization of American States and the Summit of the Americas process, that connect Latin America to the Caribbean and North America.”

“As Latin America advances into the 21st century, it is undergoing a second generation of change. Politically, it has consolidated democratic government and is strengthening democratic states and societies. This has opened up political institutions to new voices and actors, deepening the representativeness of many Latin American governments and challenging traditional elites and interests. In some countries, weak democratic institutions have not been able to contain the social energy unlocked by democratization, leading to populism and political polarization as groups struggle for control of the state. As troubling as this phenomenon can be, it does not define the democratization of the region but instead presents a challenge for the region to show how it can address such incidents through the organizations and institutional mechanisms it has created.”

“Economically, Latin America is building innovative integration mechanisms such as the Pacific Alliance, and reaching into Asia and North America to find new and important economic partners. We have FTAs with 12 countries in the Hemisphere, and the continued globalization of Latin America is driven not only by the regions abundant commodities, especially food and energy, but also by growing middle classes that have created attractive markets for manufactured goods and services.”

“The profound changes unleashed in Latin America show clearly that democracy and markets can deliver economic development and address longstanding social inequities such as poverty, inequality, and social exclusion. In effect, Latin America has used democracy and markets to launch peaceful social revolutions that are transforming many countries in important and long-lasting ways. Our ability to promote profound and dramatic change in Latin America is an example of what the United States can accomplish through diplomacy and engagement.”

“If we accomplished such a profound transformation in our Hemisphere through engagement, why not try the same approach with Cuba? And better yet, why not try it in partnership with countries and institutions that are now prepared to work with us because of the President’s new policy?”

“Cuba today finds itself part of a dynamic, vibrant region where transformative change has been the watchword for several decades. And it finds itself in a region where the momentum of that change will continue to reshape political, economic, and social landscapes. In such an environment, the Cuban people will find many models and partners from which to learn and choose. We should be one of those models and partners.”

Questioning Assistant Secretary Jacobson and Counselor Shannon

Of the 11 Committee members in attendance, six made comments and asked questions supportive of U.S.-Cuba reconciliation: Ben Cardin (Dem., MD), Barbara Boxer (Dem., CA), Tom Udall (Dem., NM), Tim Kaine (Dem., VA), Edward Markey (Dem., MA) and Jeff Flake (Rep., AZ).

With Chairman Corker being judiciously noncommittal in his comments, the other four in attendance were hostile to the reconciliation: Bob Menendez (Dem., NJ), Marco Rubio (Rep., FL), Ron Johnson (Rep., WI) and David Perdue (Rep., GA).

In response to Senator Corker’s opening question about whether to date the U.S. had obtained any changes in Cuba policies, Jacobson implicitly said none by emphasizing that the U.S. actions to increase the ability of U.S. nationals to travel to Cuba and to send remittances to Cubans were assisting the latters’ ability to form businesses and over time to be agents for change. The same was true, she said, of new U.S. policies to encourage U.S. businesses to export telecommunications equipment to the island. Shannon added that the new U.S. policies helped the U.S. with other countries in Latin America, especially within the Organization of the American States (OAS) and the Summit of the Americas.

Jacobson also mentioned the OAS and the United Nations as well as continued U.S. annual reports about human rights as means the U.S. would use to assess whether Cuba makes improvements in human rights. She also reiterated her point about U.S. travel and investment in Cuba as instruments for aiding such improvements, all in response to a question from Senator Rubio.

Rubio also pressed Jacobson to concede that the U.S. and Cuba had different notions of human rights. She did so with respect to free speech, peaceful assembly and elections, but she did not point out the U.S.-Cuba agreement on many theoretical issues of human rights as discussed in a prior post.

Another major Rubio argument was increased American travel to Cuba merely benefited the Cuban government and military, which owned, in whole or in part, hotels and car rental companies. The amount of such travel to Cuban bed and breakfasts in private homes was insignificant and, in any event, such private establishments had to pay big fees to the government for such businesses. Moreover, Rubio continued, many of these hotels and other properties had been owned by Americans and others and stolen by the Cuban government. Therefore, Rubio said, the U.S. should not be promoting such increased travel.

Senator Boxer responded to this argument by pointing out that the U.S. permits travel to Viet Nam, China and Russia where hotels and other businesses are owned by the state. She also pointed out that direct interactions between U.S. and Cuban citizens should encourage the latter to want more rights. In addition, Boxer said, the rapprochement was improving cooperation regarding Cuba for the U.S. from Europe and others in this Hemisphere. An example was Panama’s reaction to Cuban efforts to suppress free speech at the recent Summit of the Americas in that country.

However, I was surprised that no one responded to Rubio’s argument about hotels that had been stolen by the Cuban government. Indeed, there are substantial damage claims against the Cuban government for its uncompensated expropriation of property, and this is one of the claims the U.S. now is asserting against Cuba, and a prior post argued for submitting these and other damage claims by both countries to an international arbitration.

Senator Johnson focused on provisions of the Libertad Act (a/k/a the Helms-Burton Act) imposing preconditions on U.S. relaxing sanctions against Cuba, presumably as a predicate for an argument that President Obama’s easing of certain sanctions was unauthorized and, therefore, illegal. Jacobson pointed out, however, that other laws had exceptions to sanctions and provided authority to the President to do what he has done. Moreover, she said, the Administration had asked Congress to enact legislation repealing the U.S. embargo of the island, including the Libertad Act.

Senator Menendez, a Cuban-American and a vigorous opponent of the reconciliation, barely concealed his anger over the change in U.S. policies. Since December 17th, he argued, there has been no improvement in Cuban human rights, and in fact there has been a deterioration on this subject.

Senator Perdue reiterated Menendez’ argument about human rights and asserted that Cuba was still a state supporter of terrorism. It allegedly was helping Islamist terrorists, had shipped arms to North Korea that were intercepted in Panama and had another ship with explosives that on February 28, 2015, was intercepted by Colombia. Counselor Shannon pointed out that this Colombian government action was an example of the increased cooperation the U.S. now is obtaining from others in Latin America as a result of the new U.S. policies about Cuba.

Senator Kaine stated that there are roughly 600 bilateral relations in the Western Hemisphere and that the only one without normal diplomatic relations is U.S.-Cuba. In addition, there are no inter-state wars in the Hemisphere and the only civil war is in Colombia, which is the subject of peace negotiations now being held in, and aided by, Cuba. Counselor Shannon concurred, saying this was a remarkable achievement for the Hemisphere going along with its economic and democratic improvements.

 Conclusion

This hearing, in my opinion, did not really provide any new information about the issues or the positions of the participants, which probably why it was not covered in U.S. news media.[2]

The hearing and the lack of news coverage underscored the importance of U.S. citizens who support the reconciliation efforts to convey their opinions to their Senators and Representatives and of the formation and actions of groups like the U.S. Agricultural Coalition for Cuba and Engage Cuba Coalition.

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[1] This post is based upon a video of the hearing and on the embedded citations to the opening statements of Senators Corker and Cardin, the testimony of Assistant Secretary Jacobson and Counselor Shannon and to some of the comments by Senators Rubio, Menendez and Perdue.

[2] This brief article is the only one found in a Google search: Gomez, Senators question wisdom of Obama’s Cuba policy, USA Today (May 20, 2015),

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dwkcommentaries

As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

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