Professor LeoGrande’s Argument Against U.S. Litigation Over Cuban Expropriated Property

Senator Patrick Leahy in his lengthy February 15 speech on the Senate floor, which was repeated in a prior post, had appended to his remarks an article about Cuba by a noted U.S. expert on the country, Professor William L. LeoGrande of American University. Here is the text of that article, “President Trump Risks Alienating Allies Over Cuban American Property Claims” from OnCubaNews (2/13/19).

“The Trump administration is seriously considering whether to allow Title III of the Cuban Liberty and Democratic Solidarity Act (Helms-Burton) to go into effect in March, according to National Security Adviser John Bolton. On January 16, Secretary of State Mike Pompeo announced that he was suspending Title III for just 45 days instead of the usual six months while the administration reviews whether its implementation would promote democracy in Cuba. He warned foreign companies doing business on the island that they had better ‘reconsider whether they are trafficking in confiscated property and abetting this dictatorship.’”

“Title III allows U.S. nationals to file suit in U.S. courts against anyone ‘trafficking’ in their confiscated property in Cuba—that is, anyone profiting from it. If President Trump allows Title III to go fully into effect, he will open the door to as many as 200,000 law suits by U.S. nationals, most of them Cuban Americans, whose property was taken by the Cuban government after 1959. U.S. courts would be swamped, the ability of U.S. companies to do business on the island would be crippled, and allies abroad might retaliate for U.S. suits brought against their companies in Cuba. Once the suits have been filed, there will be no way to undo the resulting legal chaos and the tangle of resulting litigation could take years to unwind.”

“The U.S. Foreign Claims Settlement Commission has certified 5,913 claims of U.S. nationals whose property was seized. These are the claims that Cuba recognizes and that the United States and Cuba had begun to discuss during the Obama administration. But Title III takes the unusual position of allowing naturalized Cuban Americans who lost property to also file suit against alleged traffickers. Normally, international law recognizes the sovereign right of governments to dispose of the property of their own citizens. According to the Department of State, by including Cuban Americans who were not U.S. citizens when their property was taken, Title III creates the potential for an estimated 75,000-200,000 claims worth ‘tens of billions of dollars.’”

“Back in 1996, when the law was being debated in Congress, angry opposition from U.S. allies Canada, Mexico, and the European Union, whose companies doing business in Cuba would be the targets of Title III law suits, led President Bill Clinton to insist on a presidential waiver provision in Title III. As a result, the president has the authority to suspend for six months the right to file Title III law suits, and he can renew that suspension indefinitely. Every six months since the Cuban Liberty and Democratic Solidarity Act was passed, successive presidents, Democrat and Republican alike, have continued the suspension of Title III.”

“U.S. allies have denounced Title III’s extraterritorial reach. Mexico, Canada, the United Kingdom, and the European Union all passed laws prohibiting compliance with it. The European Union also filed a complaint with the World Trade Organization, which it did not pursue after President Clinton suspended Title III. In fact, the principal justification both President Clinton and President George W. Bush offered for continuing the suspension was the need to maintain cooperation with European allies.”

“If President Trump does not renew the suspension, all these old wounds with allies will be reopened as U.S. claimants try to haul foreign companies into U.S. courts for doing business in Cuba. We already have enough tough issues on our agenda with Mexico, Canada, and Europe without adding another one. At this very moment, Washington is trying to muster their support in dealing with the Venezuelan crisis, support that could be endangered if the administration picks a fight with them over Title III.”

“U.S. businesses would not be exempt from potential liability. A Cuban American family in Miami claims to have owned the land on which José Martí International Airport was built, so any U.S. carrier using the air field could conceivably be sued under Title III. Another family that owned the Port of Santiago could file suit against U.S. cruise ships docking there.”

“Moreover, it would be almost impossible for a U.S. or foreign company to know in advance whether a proposed business opportunity in Cuba might become the subject of Title III litigation. “This will effectively end for decades any attempt to restore trade between the U.S. and Cuba,” attorney Robert Muse told the Tampa Bay Times.”

“When President Trump announced new sanctions on Cuba back in June 2017, senior administration officials said they were designed “to not disrupt existing business” that U.S. companies were doing in Cuba. If the president fails to continue the suspension of Title III, business relations will be disrupted far more severely and irreparably than they would be by any regulatory change.”

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Leahy, Statement of Senator Leahy On the Freedom To Export To Cuba Act (Feb. 15, 2019); LeoGrande, Trump and Cuban-American property claims, OnCubaNews (Feb. 11, 2019). See also President Trump Considering Another Hostile Action Against Cuba, dwkcommentaries.com (Jan. 18, 2019); Update on Trump Administration’s Threat To Allow U.S. Litigation Over Cuba’s Expropriated Property, dwkcommentaries.com (Jan. 30, 2019).

Senator Leahy’s Senate Floor Speech To End Embargo of Cuba

As mentioned in a prior post, on February 7, Senator Amy Klobuchar (Dem., MN) introduced the Freedom To Export to Cuba Act (S.428) with cosponsors Patrick Leahy (Dem., VT) and Michael Enzi (Rep., WY)./

On February 15, Senator Leahy delivered a lengthy and persuasive speech on the Senate floor supporting this bill and ending the embargo. Here is the text of that speech.

After commending Senator Amy Klobuchar (Dem., MN) for introducing this bill and urging other Senators to support the bill,, Senator Leahy said, “This bill is about ending the anachronistic prohibitions in U.S. law that for decades have limited U.S. engagement with Cuba, including preventing American companies from exporting their products to Cuba.  The fact that legislation to do so is even necessary is illustrative of the absurdity of the situation in which we find ourselves.  Companies from Europe, Russia, China, Mexico, and every other country can sell their products to Cuba, which is just 90 miles from our coast, but American manufacturers and retailers are largely shut out of the Cuban market. . . . This bill would enable American companies to compete, which every believer in a free market should support.”

“It is also important for Senators to know that punitive actions by the Trump Administration last year to further restrict the right of Americans to travel to Cuba have had devastating consequences for Cuba’s fledgling private sector – the very people the White House and supporters of the restrictions profess to want to help.  The fact that they have said nothing about the harm they are causing Cuba’s struggling entrepreneurs demonstrates that they care more about continuing their failed policy of sanctions, regardless of who they hurt, than about helping the Cuban people or about protecting the right of Americans to travel freely.” 

“The latest ill-conceived attempt by the White House to punish Cuba would permit Title III of the Helms-Burton Act to go into effect.  This would allow, among others, individuals who were Cuban citizens when their property in Cuba was expropriated half a century ago to sue in U.S. courts any Cuban, foreign, and even American company whose business in Cuba today uses that property.  That could be an airport, port, warehouse, hotel, restaurant, you name it.  Virtually every American and foreign company investing in Cuba would suddenly be liable for treble damages.”

“The purpose, as the law’s authors made clear when it was enacted 23 years ago, is to harm Cuba’s economy by making it completely inhospitable for foreign investment.”

“As my friend in the House, Representative Jim McGovern (Dem., MA), has pointed out –

  • ‘It’s no mystery why Presidents Clinton, Bush, Obama, and Trump blocked Title III from going into effect every six months for the past 23 years.’
  • ‘It is hypocritical – it penalizes companies for doing what American companies do all over the world.’
  • It is contrary to international law, which recognizes the right of expropriation and requires compensation.’
  • ‘It is an extraterritorial sanction that guarantees a response from our trading partners, like Canada, Spain and the EU, including complaints at the World Trade Organization.’
  • ‘And if you care about agriculture, be warned: It will open a new front in the trade war, with all the repercussions that can bring.’
  • ‘It will allow Cuba to claim victim status and rally international support.’
  • ‘It will clog our courts with lawsuits.’
  • ‘It will make it impossible to negotiate compensation for U.S. claims in Cuba, and, in the end, hurt the very Americans who seek compensation for the property they lost.’
  • ‘It will divide us from friends and allies who are now working for a peaceful solution in Venezuela.’
  • ‘And it will guarantee that new investment in Cuba will come from the Russians, Chinese and others who are hostile to the United States, and whose state-owned companies can’t be sued in U.S. courts.’

“I agree with my friend in the other body [Rep. McGovern].  What the White House is considering would trigger an avalanche of unintended consequences that would bring U.S. commerce with Cuba to a halt, harm relations with our allies in this hemisphere and beyond, and make resolving property claims more difficult.  I ask unanimous consent that a piece by William LeoGrande on Title III of the Helms-Burton Act published in the February 13, 2019 issue of OnCubaNews be printed in the Record following my remarks.” [This article will be published in a separate post to this blog.]

Like “many issues, Members of Congress have strong feelings pro and con about U.S. relations with Cuba.  It is no secret that, after more than half a century of a policy of isolation that has achieved none of its objectives and primarily hurt the Cuban people, I, like Senators Klobuchar and Enzi and many others in this body, favor closer relations.”

“Conversely, there are those in Congress and the Trump Administration who believe strongly that we should ratchet up the pressure on the Cuban government in an attempt to achieve those elusive goals.”

“I have often spoken publicly about the lack of political freedom and civil liberties in Cuba.  But I also think it is important to try to be objective:  to criticize when called for and to acknowledge positive changes when they occur.”

“I recognize that those who favor maintaining the failed economic embargo have a longstanding, visceral antagonism and resentment toward the Cuban government.  While they rarely, if ever, mention the corrupt and brutal Batista regime that enjoyed unqualified U.S. support until it was overthrown in 1959, they have legitimate reasons to criticize the mistreatment of the Cuban people by the current government and its support for the corrupt and repressive Maduro regime in Venezuela.”

“But they too should acknowledge that threatening and bullying Cuba has not worked.  In fact it has made the situation worse, and provided an excuse for the Cuban government to blame its own failures on us.  They should also acknowledge positive changes in Cuba, but they never do.  Not ever.  It is almost as if they are psychologically, ideologically, or emotionally incapable of saying one positive thing about the Cuban government, no matter what positive things it does.”   

“Perhaps they are afraid that if they did, they would alienate their donors in the Cuban-American community.  Of course, we know that Cuban-Americans are divided about the U.S. embargo.  Some are hardcore believers in the embargo, and they always will be.  But at least as many – and increasing numbers – oppose the embargo, especially those who were born after the Cuban revolution.” 

“I wonder what the pro-embargo isolationists would say if the Cuban government were to stop harassing and abusing dissidents who favor a more democratic system.  Would those who oppose the embargo say anything positive?” 

“What if the Cuban government decided to embrace a free market economy and let private businesses flourish?  Would those who oppose the embargo say anything positive?”

“I doubt it.  I doubt it because no matter what positive reforms occur in Cuba, they will continue to defend the embargo until Cuba is a full-fledged democracy and those who currently hold power either die or are voted out of office.” 

“We all want Cuba to become a democracy, where civil and political rights are respected, and the sooner the better.  But those same defenders of the embargo support billions of dollars in U.S. aid – and weapons sales – to countries that are led by authoritarian, brutal, and corrupt dictatorships and monarchies, some of which have held power for decades or generations.”    

“How do the pro-embargo diehards reconcile that?  They don’t and they can’t.”

“The fact is, Cuba is changing.  Not nearly as fast as we and the Cuban people would like, but it is changing in ways that few would have predicted not very long ago.”

“Last year, Raul Castro’s hand-picked successor, Miguel Diaz-Canel, became President and he promised a government more accessible and responsive to the people’s needs.  How he delivers on that promise remains to be seen.”   

“Since 2010, after the Cuban government recognized that the Internet is essential if Cuba wants to be part of the modern world, Internet access has exploded.  The government has opened hundreds of public Wi-Fi hot spots and cyber cafes in the past five years, and home Internet access became legal and available in 2017.  Today, almost half of the Cuban people have personal cell phones that were illegal just a decade ago.”

“As others have pointed out, these changes have encouraged new forms of communication, networking and organizing via social media.”

“But change does not come easily in Cuba, as it does not in many countries.  Last July, the government announced onerous new regulations on the private sector, covering a wide range of issues:  food safety, labor contracts, procurement, taxation, limits on the size of private businesses.  The new rules were an attempt by hardliners to crack down on the private sector, which was criticized for black marketeering.”

“But private entrepreneurs resisted, and they challenged the regulations as contradictory to the government’s own plans that recognizes the private sector as important to economic growth and employment. They appealed to government officials and spoke publicly about the harm the new rules would have on their businesses.”

“When the final regulations were issued, several that had caused the most resentment were dropped.  According to the Minister of Labor and Social Security, the decision to revise the rules was due to ‘the opinion and experiences of those directly involved.’”

“The government also retreated on a new law – Decree 349 – requiring artists, musicians and performers to register with the state and pay a large commission on their earnings from private engagements, and it banned work with objectionable content and empowered inspectors to shut down any offensive exhibition or performance.  Clearly, an attempt to further limit free expression.”

“Since the 1980s, Cuban artists have had more freedom to be critical of the government than other social sectors, and so it was not surprising that Decree 349 ignited widespread protests.  After social media was used to mobilize opposition within the Cuban arts community and among artists abroad, the government agreed not to enforce the law until implementing regulations are drafted in consultation with the arts community.”

“According to one observer, ‘during [the latter half of last year], nearly 8.9 million Cubans debated the draft of a new constitution in their workplaces, neighborhoods and schools.  Communist Party members were told not to argue with even the most radical proposals for amendments, and the ensuing debates were freewheeling, often lasting past their scheduled time.  Among the main topics: whether the president and state governors should be directly elected by voters; whether the concentration of wealth and property should be allowed; whether term limits and age limits for leaders were a good idea; and whether the Communist Party should be subordinated to the constitution and hence the law.”  Not long ago it would have been unthinkable to openly debate these issues, especially as part of a constitutional reform process.”

“One article that attracted intense debate recognized same-sex marriage, and was promoted by Raul Castro’s daughter, a long-time activist for LGBTQ rights. The proposal sparked strong opposition from evangelical churches supported by the Catholic Church.  Gay rights advocates countered with campaigns of their own.  The chance of a significant ‘no’ vote on the entire constitutional reform led the government to drop the provision from the final draft of the constitution with a pledge to consider it later.”

“This surge in mobilization by well-organized constituencies utilizing social media to resist government policy, from burdensome private sector regulations to gay marriage, is unprecedented in Cuba.  The government’s willingness to not only tolerate these organized challenges but to change policies in response to them, is significant. “   

“As has been noted, none of these issues dealt with the rigid structure of the Cuban system.  Cuba remains a one party state, in which those who challenge the system are treated as criminals.  But the precedent of organized interest groups mounting successful campaigns to challenge and change government policy is now established, which is positive.” 

“None of the longstanding critics of the Cuban government in the U.S. Congress or the Cuban-American community [has] acknowledged any of this, nor are they likely too.  For them, anything less than a wholesale change of government in Cuba is unworthy of mention, even though they apply a very different standard – a double standard – to other authoritarian governments.  In fact, they would ridicule anyone who regards such changes as positive or worthy of recognition.”

“As we know from our own experience, political reform is difficult.  Our own Electoral College, an anachronism designed to protect a slave-holding minority, remains in effect more than two centuries later.  Five times, in the world’s oldest democracy, it has prevented the winner of the most popular votes from being elected president.”  

“The Cuban people want to live better and they want a lot less government control over their lives.  Armed with cell phones and the Internet they are going to make increasing demands of their government.  This is happening at a time when Venezuela’s economy is collapsing and the survival of the Maduro regime, Cuba’s closest ally in the hemisphere, is in question.  Not surprisingly, the Cuban government is trying to limit the pace of change and to secure other benefactors.  It is turning increasingly to Russia, Algeria, Iran and other countries that welcome the chance to challenge U.S. influence in this hemisphere.” 

“This is a time for the United States to be actively and visibly engaged in Cuba, for Americans to be traveling to Cuba, for expanding educational, cultural, and professional exchanges between the U.S. and Cuba, and for American companies to be competing in Cuba.  It is not a time to return to a failed policy of threats and ultimatums, driven by domestic politics rather than by what is in our national interests.”

“That is why I am cosponsoring the Freedom to Export to Cuba Act.  And it is why I intend to support other bipartisan legislation to replace our failed Cuba policy with one that serves America’s interests, not the interests of a shrinking minority, and not the interests of Russia and other countries that are reaping the economic benefits of our self-defeating policy of isolation.”

Reaction

I concur in the rationale and conclusion of this speech: end the U.S. embargo of Cuba.

While I believe there is valid documentation of the Senator’s assertion that Cuba has limits on free speech and assembly, he views this in isolation from Cuba’s situation. Cuba is a small country facing the vastly larger and more powerful  U.S., which for many years has had various hostile policies and actions against Cuba, including secret and undercover so-called “democracy promotion” programs on the island. In that context, it should be easy to understand why Cuba is concerned about dissidents and free speech and assembly.  Accordingly reliable U.S. assertions about the abolition of so called “democracy promotion” programs on the island should be a precondition to improving Cuban freedoms of speech and assembly.

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Senator Leahy,  Statement of Senator Leahy On the Freedom To Export to Cuba Act (Feb. 15, 2019). 

Cuba Arrests Opponents of Proposed New Constitution

On February 11, Cuban authorities arrested 20 activists of thePatriotic Union of Cuba (UNPACU) for their promotion of voting “No” in the upcoming  referendum on February 24 on the country’s proposed new constitution.

These arrests of Patriotic Union of Cuba (UNPACU) members for their promotion of voting “No” in the upcoming  referendum on February 24 occurred at UNPACU’s headquarters in eight houses in Santiago de Cuba in connection with an early morning assault by over 200 Cuban soldiers and police, who seized computers, printers, telephones and other equipment and records. 

UNPACU’s national coordinator, José Daniel Ferrer Garcia, blasted these arrests: “They attack us, they beat us, they rob us, they torture us and they even want to stave us.”  On February 11 he also started a hunger strike until at least February 24 (the day of the national referendum seeking approval of the new constitution). Three days later at least 25 of the organization’s activists had joined the hunger strike.

There also are reports that José Daniel Ferrer Castillo (the 16-year-old son of UNPACU’s national coordinator) arbitrarily had been detained and beaten. In addition, on February 13, the Cuban police again appeared at UNPACU’s headquarters to harass members of the organization.

UNPACU, which was founded on August 24, 2011, defines itself as a civil organization that advocates the peaceful but firm struggle against any repression of civil liberties in Cuba. According to Amnesty International, it “is an organization that brings together dissident organizations based mainly in Santiago de Cuba, but also in neighboring provinces in the east of the country. Its goal is to achieve democratic change in Cuba by non-violent means. Since its inception . . . its members have suffered harassment and intimidation . . ., including arrests by the authorities.”

According to UNPACU, the proposed new constitution “denies elementary rights, restricts basic freedoms {and Cubans] will continue oppressed and in the deepest misery.” The central reason for this conclusion, it says, is Article 5, which states as follows:

  • The Communist Party of Cuba, unique, Marxist, Fidelist, Marxist and Leninist, organized vanguard of the Cuban nation, based on its democratic character and the permanent bonding with the people, is the superior political force leader of the society and of the State.” (Emphasis by UNPACU.)

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José Daniel Ferrer: “Either they respect or they kill us,’ Diario de Cuba (Feb. 12, 2019); Marco Rubio on the violent opposition against the UNPACU: ‘More sanctions come to the response,’ Diario de Cuba (Feb. 13, 2019); UNPACU: 25 opponents on hunger strike ‘at least until 24 February,’ Diario de Cuba (Feb. 14, 2019); UNPACU; UNPACU Release, UNPACU calls to vote NO on the new Cuban Constitution; José Daniel Ferrer, Wikipedia.

Injured U.S. and Canadian Diplomats in Cuba: New Developments

There have been several recent developments regarding the U.S. and Canadian diplomats who have suffered injuries while serving in Cuba.

First, the two counties’ diplomats have sued their respective governments.

The Canadian lawsuit in Toronto on February 6 alleges that the Canadian government was slow to respond to complaints about these injuries and has failed to provide sufficient medical care.The suit seeks (CAN)$ 28 million [(US)$ 21]  in damages on behalf of 14 diplomats, spouses and their children.

The U.S. lawsuit, which was commenced on February 7 by some of the affected U.S. diplomats, is a Freedom of Information Request to obtain documents related to the State Department’s Accountability Review Board’s investigation of the situation.

Second, the State Department has commissioned the National Academy of Sciences, Engineering, and Medicine to conduct a new study to understand “the possible causes of these cases and approaches for future incidents, whether of an apparent acoustic nature or a different environmental or clinical presentation.” This investigation will look at “health monitoring, medical interventions, risk assessment and exposure mitigation for overseas locations that may present a higher risk of adverse health effects.”

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Bilfsky, Canadian Diplomats Sue Their Government Over Mysterious Disease, N.Y. Times (Feb. 7, 2019); Assoc. Press, Canadian Diplomats File suit Over Injuries Suffered in Cuba, N.Y. Times (Feb. 7, 2019); Atkinson, State Dept. asks scientists to study mysterious illness scare in Cuba, Axios (Feb. 5, 2019); Center for Democracy in the Americas, State Department asks scientists to study mysterious illness scare in Cuba: U.S. personnel file suit, U.S.-Cuba News Brief (Feb. 8, 2019). 

New Bill To End U.S. Embargo of Cuba

On February 7, U.S.Senator Amy Klobuchar (Dem.,MN) introduced a bill in the Senate to end the U.S. embargo (blockade) of Cuba: S.428: A bill to lift the trade embargo on Cuba.

The bill has two initial cosponsors: Patrick Leahy (Dem., VT) and Michael Enzi (Rep., WY) and was referred to the Senate Committee on Banking, Housing and Urban Affairs.

In a press release Senator Klobuchar said the bill “would eliminate the legal barriers to Americans doing business in Cuba and pave the way for new economic opportunities for American businesses and farmers by boosting U.S. exports and allow Cubans greater access to American goods. The legislation repeals key provisions of previous laws that block Americans from doing business in Cuba, but does not repeal portions of law that address human rights or property claims against the Cuban government.”

Senator Klobuchar added, “Instead of looking to the future, U.S.-Cuba policy has been defined for far too long by conflicts of the past. Cuba is an island of 11 million people, just 90 miles from our border—lifting the trade embargo will open the door to a huge export market, create jobs here at home, and support both the American and Cuban economies. Our bipartisan legislation will finally turn the page on the failed policy of isolation and build on the progress we have made to open up engagement with Cuba by ending the embargo once and for all.”

Cosponsor Senator Enzi stated,“History has shown that the embargo with Cuba has not been very effective. This bipartisan legislation would benefit the people in America and in Cuba. It would provide new opportunities for American businesses, farmers and ranchers. We need to open dialogue and the exchange of ideas and commerce that would help move Cuba forward. It is time to work toward positive change.” 

The other cosponsor, Senator Leahy commented, “Decades after the end of the Cold War we continue to impose punitive sanctions against Cuba, a tiny island neighbor that poses no threat to us. After more than half a century, the embargo has achieved none of its objectives.  President Obama took a courageous and pragmatic step in opening diplomatic relations with Cuba, but President Trump has reinstated the failed isolationist policy of the past.  It is up to Congress to end the embargo, which is used by the Cuban government to justify its repressive policies, and by foreign companies to avoid competing with U.S. businesses that are shut out of the Cuban market.  Lifting the embargo will put more food on the plates of the Cuban people, allow them to access quality U.S. products, and encourage reforms in Cuba’s economy, all while benefiting American companies.  I commend Senator Klobuchar for her steadfast leadership on this issue.”

Cuba relies on agriculture imports to feed the 11 million people who live on Cuba and the 3.5 million tourists who visit each year. This represents a $2 billion opportunity for American farmers annually. The Freedom to Export to Cuba Act repeals the current legal restrictions against doing business with Cuba, including the original 1961 authorization for establishing the trade embargo; subsequent laws that required enforcement of the embargo; and other restrictive statutes that prohibit transactions between U.S.-owned or controlled firms and Cuba, and limitations on direct shipping between U.S. and Cuban ports.

The legislation has been endorsed by Engage Cuba, the Washington Office on Latin America, the Latin America Working Group, and Cargill.

This blogger over the last eight years repeatedly has called for ending the embargo and presses the Senate and House to pass this or a similar bill and for the President to sign same.

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Klobuchar Press Release: Klobuchar-Enzi-Leahy Introduce Major Legislation To Lift Cuba Trade Embargo (Feb. 8, 2019); Enzi Press Release: Bipartisan coalition in Senate introduce legislation to lift Cuba trade embargo (Feb. 8, 2019); Leahy Press Release: Klobuchar, Enzi, Leahy Introduce Major Legislation to Lift Cuba trade embargo (Feb. 8, 2019). 

U.S. Announces Suspension of Military Aid to Cameroon

On February 6 the U.S. State Department announced that the U.S. was suspending some military aid to the West African country of Cameroon. The U.S. had terminated a C-130 aircraft training program; halted deliveries of four defender boats, nine armored vehicles and an upgrade of a Cessna aircraft for Cameroon’s rapid intervention battalion; and withdrawn its offer for Cameroon to be part of the State Partnership Program. “For the time being, other programs will continue,” a State Department official said.

The reason for this action was concern over alleged human rights abuses by the country’s security forces. The State Department said, ‘We do not take these measures lightly, but we will not shirk from reducing assistance further if evolving conditions require it. We emphasize that it is in Cameroon’s interest to show greater transparency in investigating credible allegations of gross violations of human rights security forces, particularly in the Northwest, Southwest, and Far North Regions.”

The U.S. decision comes after videos circulated online last year showing Cameroonian security forces shooting and killing civilians, including women with small children strapped to their backs. The videos were documented by Amnesty International and global media outlets.

The top U.S. diplomat for Africa, Tibor Nagy, said in December that he feared the separatist crisis could get “much, much” worse and warned against a “brutal response” to extremism, saying it could lead to radicalization. Cameroon also faces a deadly threat from fighters with the Boko Haram extremist group based in neighboring Nigeria.

The United Nations has said some 430,000 people in Cameroon’s Southwest and Northwest regions have fled the fighting between security forces and English-speaking separatists who seek independence from the largely French-speaking country.

Reactions

There was no immediate comment from Cameroon’s government on the U.S. action. In recent months, however, it has ordered investigations into some of the alleged abuses and some people have been arrested.

The U.S. Ambassador to Cameroon, Rene Emmanuel Barlerin, on February 7 said,”We are not going to stop security cooperation with Cameroon. We have our differences, Cameroon is a sovereign country and the United States is a sovereign country,” after meeting with Cameroon’s government. The Ambassador added, “Relations between Cameroon and the United States are excellent and longstanding and we aim to continue that relationship.”

Also on February 7, at a U.S.  Senate Committee on Armed Services hearing, Gen. Thomas Waldhauser, commander of U.S. Africa Command, said Cameroon has “been a good partner with us counterterrorism-wise, but you can’t neglect the fact that . . . there are alleged atrocities.” The General also testified that last October, before Cameroon’s widely contested presidential elections, he and the U.S. ambassador to the country had “a very direct conversation” with its President Paul Biya about investigations into alleged atrocities and “appropriate battlefield behavior. We were very emphatic with President Biya that the behavior of his troops, the lack of transparency could have a significant impact on our ability to work with them.” 

Commander Candice Tresch, a spokeswoman for the Pentagon, noted, “the U.S. government does not provide assistance to security force units or individuals where we have credible information that the unit committed a gross violation of human rights.We have informed the Cameroonian government that lack of progress and clarity about actions undertaken by the government in response to credible information of gross violations of human rights could result in a broader suspension of U.S. assistance.”

France, which administered what has become the Francophone region of Cameroon under a mandate from the League of Nations after World War I until the early 1950’s, said it would not follow the U.S. suspension of military aid to the country’s government. A French Foreign ministry spokeswoman Agnes von der Muhll said, ”France is bound by a defense partnership agreement that it conducts according to the international standards. In accordance with international humanitarian law and the law of armed conflict, this cooperation is also intended to help Cameroon’s defense and security forces combat terrorism, especially against Boko Haram in the north of the country, while protecting the people. This cooperation continues.”

This French position may be influenced by its significant business interests in its former colony and by its reliance on Cameroon to fight against Islamist militants. France, therefore, has been careful not to overly criticize the government’s handling of the crisis. It has urged the Cameroonian government to engage in dialogue to stop an escalation in violence.

Amnesty International (AI) supported the U.S. decision and urged the U.S. to suspend all security assistance “until the Cameroonian government can show it has not been utilized to commit serious violations of international law and persons responsible have been held accountable.” AI also AI also called on the Trump administration to press other donors to review their assistance to Cameroon and insist on reforms.

Conclusion

As demonstrated by several earlier posts, this blogger fully supports the U.S. decision and urges other countries and international organizations, including the United Nations and the African Union, to take actions supporting increased pressures on the Cameroon government to stop its harassment, persecution and killings of Anglophones in its country.

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Assoc. Press, US Cuts Military aid to Cameroon Over Human Rights Concerns, N.Y. Times (Feb. 6, 2019); Reuters, U.S. Halts Some Cameroon Military Assistance Over Human Rights: Official, N.Y. Times (Feb. 6, 2019); Reuters, France Says to Continue Military Cooperation with Cameroon, N.Y. Times (Feb. 7, 2019); Moki, US ambassador says Cameroon relations good despite aid cut, Wash. Post (Feb. 6, 2019);  O’Grady, U.S. cuts some military assistance to Cameroon, citing allegations of human rights violations, Wash. Post (Feb. 7, 2019). 

Wall Street Journal: U.S. Asserting New Plan To Re-Shape Latin America

The Wall Street Journal reports, as recent posts to this blog have indicated, the U.S. has embarked on a new campaign or plan to try to re-shape Latin American politics and governments.[1]

According to the Journal, “The Trump administration’s attempt to force out the president of Venezuela [Maduro] marked the opening of a new strategy to exert greater U.S. influence over Latin America, according to administration officials. In sight isn’t just Venezuela’s Nicolás Maduro, but also Cuba, an antagonist that has dominated American attention in the region for more than 50 years.” This new strategy also aims at  “recent inroads [in the region] made by Russia, China and Iran.”

“The Trump administration is stocked with officials who have long believed Cuba to be the more serious national-security threat.” These officials include Cuba-Americans Mauricio Claver-Carone, a National Security Council official, U.S. Senator Marco Rubio (Rep., FL) and U.S. Rep. Mario Diaz-Balart (Rep., FL). “They cite Cuba’s intelligence operations in the U.S., and its efforts to spread anti-American views in other Latin American countries. The goal, the administration’s thinking goes, is to sever ties that bind Venezuela to Cuba and sink regimes in both countries.”

Third on the target list of these U.S. officials is Nicaragua. “The State Department repeatedly warned of the country’s shift toward autocratic rule, government repression and violence. Nicaraguans are joining the flow of migrants toward the U.S. border with Mexico,” John Bolton, National Security Advisor, said. He added, “The United States looks forward to watching each corner of the [Troika of Tyranny] fall: in Havana, in Caracas, in Managua,” the capital of Nicaragua.

Conclusion

The Journal’s report confirms what was obvious from recent posts to this blog. These are unfortunate and wrong-headed developments.

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[1] Donati, Salama & Talley, U.S. Push to Oust Venezuela’s Maduro Marks first Shot in Plan to Reshape Latin America, W.S.J. (Jan. 30, 2019).