U.S. Cuba Internet Task Force’s Final Report

On June 16, 2019, the U.S. Cuba Internet Task Force released its Final Report.[1] It identified what it saw as the following four key challenges to Cuban access to the Internet along with recommendations for expanding such access and the unregulated flow of information on the island.

The Final Report

“I. LIMITED INFRASTRUCTURE, HIGH PRICES, LOW SPEED, AND GOVERNMENT-REGULATED ACCESS”

“Cuba’s Internet penetration rates and speed lag behind regional averages, and access is extremely restricted due to limited infrastructure, high prices, low speed, and Cuban-government regulated access points.”

“Recommendations”

Construction of a new submarine cable: Support efforts to enable construction of new submarine cables, as appropriate.”

Support organic network growth: Some entrepreneurial Cubans have built local-area networks to connect devices at home and in their neighborhoods. These local networks have the potential to support economic growth in the emerging private sector. Increased exportation of U.S. networking tools to private consumers in Cuba could support the organic growth of local networks.” (Emphasis added.)

 U.S. exchange programs: Promote [U.S.] exchange programs that permit Cuban students and faculty, who specialize in technology and computer science, to learn from top U.S. scholars and practitioners about network developments and technology.” (Emphasis added.)

“II. HIGHLY AUTHORITARIAN GOVERNMENT, CENSORSHIP, AND SURVEILLANCE”

“Cuba’s one-party communist state severely restricts freedoms of the press, assembly, speech, and association, and initiatives to promote Internet freedom and increase Internet access on the island are viewed with suspicion.”

“The Cuban government has tightened surveillance and persecution of Cubans who acquire their own satellite Internet stations or create their own networks to expand Internet service with imported technology. Surveillance of ICT [Information and Technology firms] in Cuba is widespread, and dissident bloggers are subject to punishments ranging from fines to confiscation of equipment and detentions. Anonymity and encryption technologies are strictly prohibited, and web access points, such as Wi-Fi hotspots, cybercafés, and access centers are closely monitored. There are concerns that as Cuba acquires sophisticated technologies and increases Internet access, its surveillance and censorship tactics could potentially improve.”

“Recommendations”

Digital safety educationAll Cubans would benefit from educational initiatives that inform them how to keep their online activity and data secure. Support for educational and public awareness campaigns that introduce basic concepts on digital safety could help Cubans more effectively protect themselves from security threats online.”

 “Support Cubans’ unfettered access to the InternetSupport for initiatives that promote the free flow of information to, from, and within the island could make online media and private communication more readily available to the Cuban people amid government censorship of specific content.”

“III. UNLEASH THE POWER OF THE INTERNET: DIGITAL LITERACY”

“According to a June 2018 survey conducted by Freedom House, 80 percent of the 1,700 Cubans surveyed said they use the Internet mostly to communicate with friends and relatives and for entertainment. Very few said they used the Internet to exchange views on social and political issues, read about news and other developments, consume educational content, or to learn about topics of general interest (e.g. health, law, etc.). Increasing digital literacy in Cuba could transform the Internet in Cuba from a simple communication tool to a means through which Cubans can express social, economic, and political beliefs. Given the highly authoritarian political context, it is difficult to separate Internet freedom in Cuba from the broader quest for freedom of expression and human rights. Full access to free and unregulated information online will occur only if the Cuban government relaxes its tightly controlled grip on society and communications.”

“Recommendations”

ICT literacy: Collaborative educational initiatives hosted by academic institutions, foreign governments, and multilateral bodies could help expand ICT literacy in Cuba. The focus of such programs should be on using the Internet for education, civic engagement, community building, economic activity, and the free exchange of opinions.”

 Promote freedom of expressionSupport for independent stakeholders could help advance rights for all Cubans. That support could include the development of projects that train Internet users to produce compelling online content that encourages diverse perspectives on society, politics, and culture.” (Emphasis added.)

“IV. U.S. MARKET ENTRY”

“China dominates Cuba’s telecommunication sector and provides a challenge to U.S. firms looking to enter the sector. . . . [China] is able to offer robust financing packages to support its exports to Cubasomething the U.S. government is prohibited from doing and which presents a major obstacle for U.S. companies wishing to invest in ICT [information and technology firms] in Cuba.” (Emphasis added.)

U.S. companies informed the subcommittees they are often deterred from entering the market due to uncertainty caused by frequent changes to U.S. regulations concerning Cuba. Other [U.S.] companies have chosen not to offer key products and services, citing reasons ranging from regulatory ambiguity to banks’ reluctance to process payments originating in Cuba due to the U.S. embargo.” (Emphasis added.)

“Recommendations”

“Facilitate exports and servicesConsider expediting the review of National Security controlled encryption items, provided such treatment would be consistent with U.S. foreign policy and national security interests. In addition, review banking and financial regulations related to Cuba to ensure that Cubans can access paid applications and cloud-based technology.” (Emphasis added.)

Engage with U.S. private sectorThe U.S. Government could continue discussions with the U.S. private sector to clarify current regulations and seek feedback on how the regulations affect their ability to invest in ICT in Cuba.” (Emphasis added.)

Cuban Government’s Criticism of the Task Force

To date I have not found any Cuban comments about,  including criticism, of this Final Report. Therefore, here are previous criticisms upon the creation of the Task Force in January 2018.[2]

On January 31, 2018,  the Cuban Foreign Ministry sent a note protesting the U.S. recent creation of the Cuba Internet Task Force. It expressed Cuba’s “strong protest for the pretension of the US government to violate flagrant Cuban sovereignty, with respect to national competence to regulate the flow of information and the use of mass media, while rejecting the attempt to manipulate the Internet to carry out illegal programs for political purposes and subversion, as part of their actions aimed at altering or changing the constitutional order of the Republic of Cuba.”

This Task force has “the stated objective of promoting in Cuba the ‘free and unregulated flow of information.’ According to the announcement, this task force will ‘examine the technological challenges and opportunities to expand Internet access and independent media’ in Cuba.

Cuba again demands that the Government of the United States cease its subversive, interfering and illegal actions against Cuba, which undermine Cuban constitutional stability and order, and urges it to respect Cuban sovereignty, International Law and the purposes of and principles of the Charter of the United Nations.”

The “Cuban Foreign Ministry reiterates the determination of the Government of Cuba not to tolerate any type of subversive activity or interference in its internal affairs and, as a sovereign country, to continue defending itself and denouncing the interfering nature of this type of action.”

“Cuba will continue to regulate the flow of information as is its sovereign right and as is practice in all countries, including the United States. Cuba will also continue advancing in the computerization of its society, as part of the development of the country and in terms of the social justice objectives that characterize its Revolution.”

Other Cuban Criticism of the Task Force

Granma, the official newspaper of the Communist Party of Cuba, said, “In the past phrases like promoting ‘freedom of speech’ and ‘expanding access to the internet in Cuba’ have been used by Washington as a pretext for schemes to destabilize the country using new technologies.”

One of Granma’s journalists, Sergio Gómez, declared, “If the administration of President Donald Trump intends to use new technologies to impose changes in the internal order of Cuba, he chose very old roads that have already demonstrated their ineffectiveness, without mentioning the obvious fact that they violate the laws of the affected country, even those of the United States.” Moreover, the “terrain chosen for the new aggression, Internet, clearly demonstrates what the true objectives of Washington are when it demands ‘free access’  to the network in the countries that oppose it, while in its territory it maintains a tracking system and accumulation of data about what citizens do on the web.”

Gómez also asserted that the U.S. “shows a clear pattern of the use of social networks and the internet with objectives geopolitical and domination. All part of a doctrine of unconventional war designed to destabilize nations without the direct use of military forces, which has taken root after the failures in the conflicts in Iraq and Afghanistan.”

In another article, Gómez added details about Cuba’s expanded Internet access apparently to reject the implicit premise of the U.S. announcement that Cuba was continuing to suffer from lack of such access. Gomez said, “Cuba, by sovereign decision and to the extent of its economic possibilities, is increasing the access of its citizens to the network of networks. According to information provided by specialist Rosa Miriam Alizada, ‘2017 will be remembered as the boom in the expansion of access to the network in our country, with 40% of Cubans connected to the Internet, 37% more than in 2010, and for the naturalization of the internet connection in urban spaces from one end of the island to the other.’”

Gomez also said, “Although the State Department tries to camouflage its . . . [Task Force] as a philanthropic project to improve access to the network of networks in . . .  [Cuba], the list of participants in . . . [its] first meeting . . . betrays its true intentions.”

  • One participant, the Office of Cuba Broadcasting, “is the umbrella of Radio and TV Martí, two relics of the Cold War designed to issue enemy propaganda and carry out psychological operations against Cuba. Millions of dollars of American taxpayers have been wasted in the failed projects of this organization, [which has been] subjected to several audits for corruption scandals and embezzlement.”
  • Another participant, U.S. Agency for International Development (USAID), ”is the public arm of the CIA and financier of subversive projects against Cuba such as ZunZuneo and Commotion, whose disclosure by the press was a shame for the US authorities due to its ineffectiveness and violation of international laws.”

Gomez and co-author Iramsy Peraza Forte added that “the U.S. has been using communications technologies to attack Cuba ever since the age of shortwave radios and the emergence of television.” Indeed, “From psychological warfare propagated by the mass media to unconventional warfare, which has been adapted to the internet age, Cuba has been a test site for U.S. schemes designed to overthrow governments which do not respond to its interests.”

Another Cuban journalist with a Doctorate in Political Science from the University of Havana, Randy Alfonso Falcón, reported this was not the first time the U.S. had attempted to use the Internet regarding Cuba. On February 14, 2006, then Secretary of State Condoleezza Rice created the Global Internet Freedom Task Force for “maximizing freedom of expression and free flow of information and ideas, especially in Cuba, Iran and China.

Therefore, Falcón believes, “In the face of US action In the Cuban digital public space, our response cannot be merely defensive. We must look forward with a scientifically based vision that mobilizes responses and alternatives from Cuba to the extraordinary ideological and cultural confrontation that arises. Take by assault, from the knowledge, the tools of the new colonizers, build ours and endow them with symbols and emancipating essences.”

The day before the Task force’s inaugural meeting, Reuters reported from Havana that there are now “a handful of web-based news outlets in recent years in Cuba in the wake of the expansion of internet and broader social and economic freedoms. . . .These new outlets have been tolerated as long as they are not ‘counter-revolutionary’ and “have been chipping away at a half-century state monopoly, offering independent reporting and winning prestigious journalism prizes.”

Moreover, several representatives of these independent media, according to Reuters, have expressed opposition to the Task Force.

U.S. Criticism of This Task Force

The creation of the Task Force was criticized by Michael Bustamante, an assistant professor of Latin American history at Florida International University. He said, “By casting the issue of internet access in an explicitly political frame, it will only create greater obstacles for those U.S. telecom companies that have made inroads toward partnerships with the Cuban side. Measures like these strengthen the hand of those in Cuba for whom the prospect (and reality) of external meddling justifies maximum caution with respect to internal reform.”

Cuba expert Ted Henken at Baruch College in New York, said, “”The solution proposed by the Trump administration is perhaps even worse than the disease. It will likely empower not the independent media or citizens but only the Cuban government to more easily justify the unjustifiable – more control and repression of independent media and unmediated access to information.”

Alan Gross, the previously mentioned U.S. citizen who was arrested, convicted and imprisoned in Cuba for illegally bringing communications equipment to the island, has objected to the Task Force.  “My first response was ‘Are you kidding me?’ We are supposed to learn from our mistakes. I learned the hard way that it’s illegal to distribute anything in Cuba that’s funded in full or part by the U.S. government. Until the government of Cuba wants the kind of assistance United States is capable of providing, the United States shouldn’t be doing stuff there.”

Conclusion

The Task Force, from its creation to its Final Report, is based upon the false and illegal premise that the U.S. unilaterally may and should decide what Internet services Cuba or any other country should have and then take unilateral steps to provide those services and equipment. Instead the U.S. should politely ask Cuba or any other country whether there was any way the U.S. could assist in improving their Internet service.

In addition, the Cubans correctly point out that the U.S. through USAID and other means previously has attempted to change Cuban policies about free access to information with the U.S. intent of changing Cuba policies and even its political and economic system. Cuba has a right to be sceptical and hostile to any recommendations by this Task Force.

The Final Report also makes clear that a significant motivation of the Task Force was to improve U.S. private firms’ access to the Cuban market for Internet products and services, which is a legitimate U.S. interest. The Final Report also correctly, but somewhat surprisingly, points out that the U.S. embargo and changing policies about Cuba make that access more difficult. Therefore, the Task Force should have gone further and called for the end to the U.S. embargo of the island and other acts of hostility towards Cuba.

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[1] State Dep’t, Cuba Internet Task Force: Final Report (June 16, 2019).

[2] See these posts to dwkcommentaries: State Department Creates Cuba Internet Task Force and Suspends Enforcement of Statutory Liability for Trafficking in Certain Cuban Expropriated Property (Jan. 25, 2018); Cuba Protests U.S.’ Cuba Internet Task Force (Feb. 1, 2018); U.S.’ Cuba Internet Task Force Holds Inaugural Meeting (Feb. 8, 2018); Objections to the U.S.’ Cuba Internet Task Force (Feb. 9, 2018).

 

U.S. Comments About Cuba at the Organization of American States (OAS)

On June 27, 2019, Kimberly Breier, Assistant Secretary of State, Bureau of Western Hemisphere Affairs, addressed the 49th General Assembly of the Organization of American States (OAS) in Medellin, Colombia.[1]

This gathering marked the 70th anniversary of the adoption of the OAS Charter and the American Declaration of Rights and Duties of Man, a document that proclaims “all men are born free and equal, in dignity and in rights” and that “remains the foundation of the Inter-American human rights system.” Another important OAS document is the Inter-American Democratic Charter from 2001 that “requires our governments to work together to promote and protect the institutions of representative democracy.”

After discussing current problems in Venezuela, Nicaragua and Honduras, the Assistant Secretary made these comments about Cuba:

  • “In Cuba today, we see an expectation that change is inevitable, and that it can’t come quickly enough.  Young Cubans born under a dictatorship are uninterested in hollow revolutionary slogans.”
  • “They want what youth everywhere else want:  opportunities to use their talents, exercise their voice, and build a bright future for themselves.  As democratic societies, we must support young people in Cuba – and elsewhere in the hemisphere – in their hopes for democratic change.  We applaud Secretary General Almagro for his efforts over the past year to bring attention to the state of human rights in Cuba.”

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[1] State Dept, Assistant Secretary for Western Hemisphere Affairs Kimberly Brier at the Plenary of the 49th OAS General Assembly (June 27, 2019).

 

 

 

 

State Department Unjustly Downgrades Cuba in Annual Report on Human Trafficking

On June 20, 2019, the U.S. State Department released its 2019 Trafficking in Persons Report, as required by the U.S. Trafficking Victims Protection Act of 2000, as amended (TVPA).[1]

After examining this statute’s framework, we will look at the report’s flawed concentration of its discussion of Cuba on its  foreign medical mission program.

The Statutory Framework[2]

Severe forms of trafficking in persons.” That statute defines “severe forms of trafficking in persons” as: “sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age;” or “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.” (Emphasis added.)

Minimum Standards for the elimination of trafficking in persons.” This phrase in the statute is defined as follows:

  • “(1) The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking. “
  • “(2) For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim of sex trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or which causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault.”
  • “(3) For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense.”
  • “(4) The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons.”

The statute then goes on with great detail on 12 indicia of “serious and sustained efforts” as used in the last of these four minimum standards.

Finally the statue sets forth the following four categories or “tiers” for ranking all countries of the world in the State Department’s annual reports:

  • Tier 1. “Countries whose governments fully meet the TVPA’s minimum standards for the elimination of trafficking.”
  • Tier 2. “Countries whose governments do not fully meet the TVPA’s minimum standards but are making significant efforts to bring themselves into compliance with those standards.”
  • Tier 2 Watch List. “Countries whose governments do not fully meet the TVPA’s minimum standards but are making significant efforts to bring themselves into compliance with those standards, and for which: a) the absolute number of victims of severe forms of trafficking is very significant or is significantly increasing; b) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecution, and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials; or c) the determination that a country is making significant efforts to bring itself into compliance with minimum standards was based on commitments by the country to take additional steps over the next year.”
  • Tier 3. “Countries whose governments do not fully meet the TVPA’s minimum standards and are not making significant efforts to do so. No tier ranking is permanent. Every country, including the United States, can do more. All countries must maintain and continually increase efforts to combat trafficking.”

2019 Report on Cuba (Tier 3)[3]

Preliminarily it should be noted that Inclusion in Tier 3 allows the president to introduce  restrictions on U.S. non-humanitarian, non-trade-related assistance, but the U.S. currently does not provide any such aid  to Cuba and there is no prospect of any such new aid being offered. [4]

The Report’s summary of the reasons for the 2019 ranking included the following: “The Government of Cuba does not fully meet the minimum standards for the elimination of trafficking and is not making significant efforts to do so; therefore Cuba was downgraded to Tier 3. Despite the lack of significant efforts, the government took some steps to address trafficking, including prosecuting sex traffickers and one labor trafficker and imprisoning sex tourists engaged in child sex trafficking. However, the government did not take action to address forced labor in the foreign medical mission program, despite persistent allegations Cuban officials threatened and coerced some participants to remain in the program.” (Emphasis added.)

The Report’s ”Prioritized Recommendations” for Cuba had two relevant points. First, :“Implement policies to prohibit force, fraud, or coercion by foreign labor recruiters and state-owned or controlled enterprises, including foreign medical missions in recruiting and retaining employees.” Second,  Ensure participants in the foreign medical missions program retain control of their passports.” (Emphases added.)

The final section of the report on Cuba (“Trafficking Profile”) was devoted almost entirely to its foreign medical mission program. It stated, “the government employed between 34,000-50,000 healthcare professionals in more than 60 countries in Africa, the Americas, Asia, the Middle East, and Portugal in foreign medical missions through contracts with foreign governments and, in some countries, with international organizations serving as intermediaries. In November 2018, Cuba ended the five-year-old “Mais Medicos” medical mission program in Brazil, which was facilitated by a UN-affiliated organization, following demands from Brazil’s then president-elect to improve the treatment and employment conditions of Cuban healthcare professionals after allegations of coercion, non-payment of wages, withholding of passports, and restrictions on their movement. In November 2018, Cuban healthcare workers filed a class action in the U.S. District Court Southern District of Florida under the Trafficking Victims Protection and the Racketeering Influenced and Corrupt Organization Acts alleging the Cuban government profited from the export of healthcare professionals; the case remains pending. In Brazil, the Cuban government collected revenue for each professional’s services and paid the worker a fraction of the revenue depositing a large percentage of the worker’s wages in an account in Cuba only accessible upon completion of the mission and return to Cuba. The Cuban government collected approximately 7.2 billion pesos ($7.2 billion) in annual revenue from the export of services, including foreign medical missions in 2017. Some participants in foreign medical missions as well as other sources allege Cuban officials force or coerce participation in the program; the government has stated the postings are voluntary, and some participants also have stated the postings are voluntary and well-paid compared to jobs within Cuba. Observers report the government does not inform participants of the terms of their contracts, making them more vulnerable to forced labor. The Cuban government acknowledges that it withholds passports of overseas medical personnel in Venezuela; the government provided identification cards to such personnel. Some Cuban medical personnel claim they work long hours without rest and face substandard working and living conditions in some countries, including a lack of hygienic conditions and privacy. Observers note Cuban authorities coerced some participants to remain in the program, including by withholding their passports, restricting their movement, using “minders” to conduct surveillance of participants outside of work, threatening to revoke their medical licenses, retaliate against their family members in Cuba if participants leave the program, or impose criminal penalties, exile, and family separation if participants do not return to Cuba as directed by government supervisors.” (Emphasis added.)

Reaction

The contention that Cuban medical personnel in Cuba’s foreign medical mission program are engaged in forced labor is meritless for at least the following reasons:

  • Medical education in Cuba is free and requiring medical graduates to pay the country back by such participation seems entirely appropriate and may indeed be a contractual or quasi-contractual obligation.
  • International medical aid has been a significant part of the Cuban people’s tradition of international solidarity, and some Cuban medical personnel have said that such service had a major positive impact on their lives and medical careers.
  • The relevant standard for evaluating the allegation that Cuba’s international medical mission program violates international law is the International Labor Organization’s Forced Labour Convention, 1930.[5]
  • That multilateral Convention or treaty provides that “for the purposes of this Convention, the term forced or compulsory labour shall not include . . . any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country.” (Art. 2(2)(b).)[6]
  • Although it is true that the Cuban government receives direct payment from other countries for the foreign medical mission program and that the Cuban government retains some of those payments before paying the Cuban medical professionals, it also is true that such payments to those professionals exceed what they would have earned for similar services in Cuba. In addition, some of the payments to the Cuban professionals are deposited in Cuban accounts only accessible upon their completion of service and return to Cuba. But such practices do not constute proof of forced labor.
  • While it also is true that some Cuban medical professionals who have participated or are now participating in the foreign medical mission program allege that they were coerced into doing so, the report indicates that the Cuban government and other participants deny that allegation and that there has been no independent adjudication of that allegation.
  • Also relevant to this allegation is Cuban medical professionals undoubted awareness of the significantly higher compensation they potentially could obtain if they were able to relocate in the U.S. or certain other countries.
  • A detailed study by Indiana State University’s Emeritus Professor of International Politics and Latin America, Dr. H. Michael Erisman, has rejected this accusation of forced labor.[7]

The latest report on Cuba also fails to mention that the U.S. and Cuba apparently had friendly bilateral discussions about human trafficking during the Obama Administration (2015 through January 17, 2017) and the Trump Administration (2017-2018).[8]

The hypocrisy of the State Department’s repeated assertion of this claim of forced labor without recognizing the Forced Labour Convention is shown by Secretary of State Pompeo’s congratulating the ILO on its centennial anniversary only one day after the release of the 2019 Trafficking in Persons Report.[9] The Secretary said:

  • “The dignitaries that convened in Paris in 1919 to end the Great War knew that any lasting peace needed to be rooted in the protection of individual rights, including the rights of workers and employers to associate freely and bargain collectively. “
  • The United States proudly hosted the first International Labor Conference in 1919 and the “war-time conference that enshrined the ILO’s enduring founding principles and aims in the Declaration of Philadelphia.[ [10]] As strong supporters of the ILO and its mission, we reflect on the important role played by Americans to create and sustain this organization, including David Morse, who served as ILO Director-General for 22 years, and under whose leadership the ILO won the Nobel Peace Prize.”
  • “As the ILO enters its second century pursuing objectives critical to economic prosperity and security around the world, the United States recommits itself to advancing the rights of workers globally.

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[1] State Dep’t, 2019 Trafficking in Persons Report (June 20, 2019) [“2019 Report”]; State Dep’t, Secretary of State Michael R. Pompeo at the 2019 Trafficking in Persons Report Launch Ceremony (June 20, 2019).

[2] Report at 36-37, 40-41, 48.

[3] Report at 162-64..

[4] Reuters, U.S. Human Trafficking Report Drops Child Separation Warning, N.Y. Times (June 20, 2019). Some of the State Department’s prior reports about trafficking in Cuba are discussed in the following posts to dwkcommentariess.com: U.S. Upgrades Cuba in State Department’s Annual Report on Human Trafficking (Aug. 7, 2015); Comment: Cuba’s International Medical Mission Doctors’ Reflections (Nov. 30, 2015); U.S. State Department’s 2015 Human Trafficking Report’s Objectivity About Cuba Is Still Unresolved (Nov. 16, 2015); U.S. Reasserts Upgrade of Cuba in Annual Human Trafficking Report (July 2, 2016); U.S. Senate Hearing on 2016 Trafficking in Persons Report (July 20, 2016); Cuba’s Unchanged Status in U.S. State Department’s Annual Report on Human Trafficking (Aug. 13, 2017); Cuba Remains on “Tier 2 Watchlist” in U.S. State Department’s Annual Human Trafficking Report (July 1, 2018).

[5] ILO, Forced Labour Convention, 1930 (No. 29). Cuba ratified the Convention on Forced Labour on October 8, 1953. The U.S., however, has not so ratified.

[6] The above provision of this Convention was reaffirmed in the Protocol of 2014 to the Forced Labour Convention, 1930, (Art. 1(3) (“The definition of forced or compulsory labour contained in the Convention is reaffirmed. . . .”)

[7] Erisman, Brain Drain Politics: the Cuban Medical Professional Parole Programme, Int’l J. Cuban Studies 269, 286-87 (2012).

[8] See these posts to dwkcommentaries.com.: This Week’s U.S.-Cuba Meetings in  Havana  (Jan. 18, 2015); U.S.-Cuba Bilateral Commission Sets Agenda for Future Discussions of Remaining Issues (Sept. 12, 2015); Results of Second Meeting of U.S.-Cuba Bilateral Commission (Nov. 11, 2015); United States-Cuba Bilateral Commission Meets To  Review Normalization Status (May 18, 2016); U.S. and Cuba Hold Another Meeting of the Bilateral Commission (Sept. 30, 2016);  U.S. and Cuba Continue To Implement Normalization of Relations (Jan. 17, 2017); U.S. and Cuba Hold Biannual Migration Talks (Dec. 12, 2017); U.S. and Cuba Hold Discussions About Human Trafficking and Migration Fraud (Dec. 15, 2017); U.S. and Cuba Continue To Confer Over Common Concerns (Feb.15, 2018).

[9] State Dep’t, On the Centenary of the Founding of the International Labor Organization (June 21, 2019).

[10] The Declaration of Philadelphia, was adopted in that city on May 10, 1944, by the ILO to restate its traditional objectives while also recognizing the centrality of human rights to social policy and the need for international economic planning. (Declaration of Philadelphia, Wikipedia.)

 

 

Teddy Roosevelt and the Rough Riders Involvement in Cuba’s War of Independence from Spain

A recent article about the 1898 U.S. intervention in Cuba’s war of independence from Spain, asserts that at the time Americans “flocked to the cause of ‘Cuba Libre,’ especially once fighting broke out on the island in 1895. The plight of the Cubans was particularly affecting: Over the next three years, hundreds of thousands of civilians died, many in Spanish concentration camps, the existence of which spurred hundreds of Americans to join illegal filibuster missions to aid the rebels.”[1]

One of the supporters of this cause was Theodore Roosevelt, who as Assistant Secretary of the Navy in 1897 said, “A rich nation which is slothful, timid or unwieldy is an easy prey for any people which still retains those most valuable of all qualities, the soldierly virtues.”

When President William McKinley declared war against Spain in April 1898, “he was moved above all by this humanitarian impulse.. . . [The] primary driver was the widely held belief that Spain was destroying Cuba. ‘A country nearly as large as England, with all the material conditions of opulent civilization, has been made a charnel house,” said John James Ingalls, a Kansas politician. The Spanish-American War was a ‘popular’ conflict in the literal sense.

Because there were practically no military-trained men ready to fight, “McKinley authorized three volunteer cavalry regiments (800 to 1,000 soldiers), to be drawn from the ranks of men whose skills and life experiences made them predisposed to martial pursuits: cowboys, policemen, even college athletes.”

“The most famous of the three, and the only one sent to Cuba, was the First United States Volunteer Cavalry — which reporters soon nicknamed the Rough Riders. Thanks to the renown of Roosevelt, who left the Department of the Navy to become its lieutenant colonel, the regiment was overwhelmed with applicants.”

“Above all, the Rough Riders became instant celebrities because they embodied the public’s newfound, idealistic militarism. ‘Whether Fifth Avenue millionaires or Western cowboys, they fought together and died together in Cuba for the great American principles of liberty, equality and humanity,’ an editorialist for The Philadelphia Inquirer wrote, “The Rough Riders landed in Cuba on June 22, 1898; by August, Spain was suing for peace.” In the subsequent peace treaty the U.S. acquired Puerto Rico, Guam and the Philippines and (until 1934) a de facto protectorate of Cuba. [2]

The author, Clay Risen, claims that this “war, however brief, was in fact a defining moment in America’s emergence as a global power. It captured the imagination of millions and changed how everyday citizens saw their place in the world. No longer content to merely inspire freedom for the world’s oppressed, . . . [many U.S. citizens] decided they had a personal obligation to bring freedom to them.”

“Underlying [this and other 20th century U.S. wars] is the same broadly held, deeply committed missionary zeal that drove . . . the Rough Riders to war. Until Americans learn to balance their commitment to global justice with an awareness of the limits to military prowess, the country will continue to make these mistakes.”

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[1]Risen, The Rough Riders’ Guide to World Domination, N.Y. Times (June 2, 2019). This article is based upon the author’s forthcoming book on the Rough Riders: Risen, The Crowded Hour: Theodore Roosevelt, the Rough Riders, and Dawn of the American Century. (Simon & Schuster, 2019); Millard, Book Review: Teddy Roosevelt and the Rough Riders, N.Y. Times Book Review (June 4, 2019.

[2]  See U.S. Entry Into Cuban War of Independence and Establishment of Protectorate of Cuba, 1898-1934, dwkcommentaries.com (April 23, 2017). According to historian Michael Beschloss, this U.S. intervention was started on the false premise that Spain had exploded the USS Maine in the Havana Harbor. (See Beschloss Discusses “Presidents of War” at Westminster Town Hall Forum, dwkcommentaries.com (Nov. 15, 2018).)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Cuba’s Alleged Expatriation of Dissidents

On June 19, in Madrid, the Spanish-based Cuban Prisoners Defenders released a report documenting the Cuban government’s forcing dissidents to go into exile in an attempt to weaken its political opposition .[1]

The report names 35 activists, independent journalists and artists who were expelled over the past two years. If they did not leave, the report asserts that Cuban security threatened them with prison or bodily harm and harassed their families. In addition, this month there are at least 42 additional dissidents who were being pressured to leave the island.

This report will be submitted to the U.N. Human Rights Council in Geneva, Switzerland.

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[1] Reuters, Cuba Forces Dissidents Into Exile, Advocacy Group Says, N.Y. Times (June 19, 2019); ‘Forced Expatriations’: new denunciation against Cuban regime before the UN, Diario de Cuba (June 19, 2019); Cuban Prisoners Defenders, FACEBOOK.

 

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More Thoughts on Commission on Unalienable Rights

Carol Giacomo, a member of the New York Times Editorial Board and a former diplomatic correspondent for Reuters, has expressed her concern over the State Department’s creation of the Commission on Unalienable Rights,[1] which was discussed in prior posts.[2]

She says the Department’s Human Rights Bureau and Congress were not included in the decision to establish this Commission. Instead it was a personal project of Secretary Pompeo and that next month the Department plans to say more about it. This underscores the concern that this commission is motivated by conservative political and religious beliefs and organizations.

This concern, she claims, also is illustrated by Vice President Pence’s promotion of religious freedom as “our first freedom” and arguing that human rights are becoming politicized and conflated with economic and social goals.

Another is a statement by a conservative religion commentator, R.R. Reno, that he is “increasingly against human rights” which “as the epitome of social responsibility short-circuits collective judgment and stymies action for the sake of the common good.” Reno is the Editor of First Things, a publication of the Institute on Religion and Public Life that “keeps its eyes on first things: our religious faith, love of family and neighbor, the sanctity of life, the achievements of Western civilization, and the dignity of the human person.”

Giacomo also reports that the House of Representatives is considering a proposal to restrict funding for this new entity while several Democratic senators have sent a letter to Secretary Pompeo expressing “deep concern” with the process and intent of this decision.

Harold Hongju Koh, a Yale law professor who was assistant secretary of state for human rights in the Clinton administration, said that a shift to “natural law” would conflict with the view that “modern human rights are based on the dignity inherent in all human beings, not on God-given rights.”

Conclusion

This blogger strives to follow Jesus as a member of a Presbyterian church and believes that religious freedom is a basic human right for all people in the world. But he worries that this Commission and related actions might be surreptitious ways to advance a conservative political and religious agenda and to promote the re-election of Donald Trump. Therefore, this blogger thinks that attention should be paid to this Commission and related activities of this Administration.

For example, for his year’s celebration of the Fourth of July, President Trump reportedly will deliver a speech at the Lincoln Memorial. [3]  Perhaps he will use that occasion to proclaim about unalienable rights.

Not mentioned by Giacomo, but probably related to the new Commission, was last July’s first ever Ministerial to Advance Religious Freedom that was hosted by the State Department and that will be discussed in a future post.

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[1] Giacomo, A New Trump Battleground: Defining Human Rights, N.Y. Times (June 17, 2019.

[2] Is The Trump Administration Attempting To Redefine International Human Rights, dwkcommentaries.com(June 15, 2019); Other Reactions to State Department’s Commission on Unalienable Rights, dwkcommentaries.com (June 17, 2019).

[3] Nirappil, Hermann & Jamison, Officials: Trump to speak at Lincoln Memorial during July Fourth celebration, Wash. Post (June 5,, 2019).