Tag: Bolivarian Republic of Venezuela

Biden Administration’s New Restrictions on U.S. Asylum Law Being Challenged in Federal Courts 

This year has seen many developments regarding the Biden Administration’s attempts to cope with the large numbers of migrants illegally crossing the U.S.-Mexico border. Here is a review of some of those developments.

Biden’s New Asylum Regulation[1]

On February 21, the Biden Administration announced a proposed rule that would  require rapid deportation of an immigrant at the U.S. border who had failed to request protection from another country while en route to the U.S. or who had not previously notified the U.S. via a mobile app of a plan to seek asylum in the U.S. or who had applied for the new U.S. humanitarian parole programs for certain countries (Cuba, Haiti, Nicaragua and Venezuela). This rule was scheduled to take effect will take effect on May 11, with the expected termination that day of Title 42 which allowed the U.S. to swiftly expel migrants at the U.S. border.

This announcement stated that the new rule would “incentivize the use of new and existing lawful processes and disincentivize dangerous border crossings, by placing a new condition on asylum eligibility for those who fail to do so. These steps are being taken in response to the unprecedented western hemispheric migration challenges – the greatest displacement of people since World War II – and the absence of congressional action to update a very broken, outdated immigration system.”

DHS Secretary Alejandro N. Mayorkas stated, “We are a nation of immigrants, and we are a nation of laws. We are strengthening the availability of legal, orderly pathways for migrants to come to the United States, at the same time proposing new consequences on those who fail to use processes made available to them by the United States and its regional partners. As we have seen time and time again, individuals who are provided a safe, orderly, and lawful path to the United States are less likely to risk their lives traversing thousands of miles in the hands of ruthless smugglers, only to arrive at our southern border and face the legal consequences of unlawful entry.”

Attorney General Merrick B. Garland added the following: “The Department of Justice is responsible for administering the Nation’s immigration courts and ensuring that claims are adjudicated expeditiously, fairly, and consistent with due process. This proposed rule will establish temporary rules concerning asylum eligibility in those proceedings when the Title 42 order is lifted. We look forward to reviewing the public’s comments on this proposed rule.”

The Administration said that without this new rule, immigration at the U.S. border would “increase significantly, to a level that risks undermining the … continued ability to safely, effectively and humanely enforce and administer U.S. immigration law.”

On May 12, 2023, these new restrictions on applications for asylum under U.S. law went into effect. Under these new restrictions aliens were disqualified for making such applications if they had crossed into the U.S. without either securing an appointment for an official U.S. interview at an official port of entry or without seeking legal protection in another country along their way to the U.S.

Reactions to U.S. New Asylum Rules[2]

Prior to this new rule, U.S. border patrol officials were daily encountering about 7,500 migrants trying to cross the U.S. border illegally. Since then the numbers have declined to about 3,000 per day, still historically high but dramatically lower than the 7,500.

There is abundant evidence that migrants have been applying for asylum in record numbers under this new rule and now are in long lines, taking several years, for their cases to be heard in Immigration courts. (At the end of fiscal 2022, there were nearly 1.6 million pending asylum applications.) Moreover, other migrants without legal support, are likely to miss the 12 month deadline for submitting the complicated application) and fall into the more perilous category of the undocumented.

In a joint statement, Democratic Sens. Bob Menendez (N.J.), Cory Booker (N.J.), Ben Ray Luján (N.M.) and Alex Padilla (Calif.) called on the administration to drop the proposed rule. “We are deeply disappointed that the administration has chosen to move forward with publishing this proposed rule, which only perpetuates the harmful myth that asylum seekers are a threat to this nation. In reality, they are pursuing a legal pathway in the United States.”

A similar reaction came from leading Democrat House members (Rep. Jerrold Nadler and Pramila Jayapal). In their joint statement, they expressed “deep disappointment” with the newly proposed rule and stated, “The ability to seek asylum is a bedrock principle protected by federal law and should never be violated. We should not be restricting legal pathways to enter the United States, we should be expanding them.”

Krish O’Mara Vignarajah, president and CEO of Lutheran Immigration and Refugee Service, said they applaud the expanded pathways for those four countries announced in January but question where that leaves migrants from other countries. She says it favors people with resources who can afford the necessary requirements of finding a financial sponsor and buying a plane ticket to the U.S. And some people are so at risk, they simply cannot wait in their country for a humanitarian parole slot. Critics have also highlighted technological problems with the app.”

The Federation for American Immigration Reform said that the rule isn’t designed to halt migrants as much as make the process more orderly: “In other words, the real objective is not to end large-scale asylum abuse, but rather to get them through the next election cycle.”

Justice Action Center’s counsel, Jane Bentrott, said the proposed rule “would send asylum seekers back to danger, separate families, and cost lives, as human rights advocates have been asserting for weeks. It is in direct contravention of President Biden’s campaign promises to reverse Trump’s racist, xenophobic immigration policies, and give all folks seeking safety a fair shot at asylum.”

Lindsay Toczylowski, the executive director of Immigrant Defenders Law Center in California, criticized the inept operations of the government’s online system for scheduling an asylum application interview. “It’s almost like a lottery. You have to win a ticket to be able to seek protection in the U.S.”

An ACLU attorney, Lee Gelernt, who successfully challenged similar efforts by the Trump Administration, said that Biden’s new proposed rules had the same legal flaws as the Trump rules  and that the ACLU would sue to block the latest move.

Challenge to New Asylum Regulations in U.S. District Court[3]

A lawsuit challenging the new asylum rule was filed with the U.S. District Court for Northern California. The U.S. Government obviously opposed this lawsuit and submitted an affidavit  by Blas Nuñez-Neto, assistant secretary of homeland security for border and immigration policy, that described the real-world alternatives to the new rule: Customs and Border Patrol “facilities will be overcrowded once again, placing the noncitizens in our custody and the front-line personnel who care for them at risk.” Border communities “will once again receive large scale releases of noncitizens that will overwhelm their ability to coordinate safe temporary shelter and quick onward transportation.” And interior cities such as New York “will, once again, see their systems strained.”

Therefore, the U.S. Government argued that the Biden plan is necessary to the government’s “continued ability to safely, effectively, and humanely enforce and administer U.S. immigration law, including the asylum system.”

Nevertheless, on July 25, 2023, Judge Jon S. Tigar of the U.S. District Court for Northern California held that these new restrictions were “both substantively and procedurally invalid.” The Judge said, “The court concludes that the rule is contrary to law because it presumes ineligible for asylum noncitizens who enter between ports of entry, using a manner of entry that Congress expressly intended should not affect access to asylum.”

The judge, however, “immediately stayed his decision for 14 days, leaving the asylum policy in place while the federal government appealed the decision.”

An ACLU attorney for the plaintiffs said this ruling “is a victory, but each day the Biden administration prolongs the fight over its illegal ban, many people fleeing persecution and seeking safe harbor for their families are instead left in grave danger.”

According to the Homeland Security Secretary, Alejandro N. Mayorkas, however, “the administration strongly disagreed with the decision. With the policy still in place while the decision is appealed, he added, migrants who did not follow the current rule would face stiff consequences.” This result “does not limit our ability to deliver consequences for unlawful entry,” including prompt removal, a future bar on admission and potential criminal prosecution.”

Appeal About Asylum Rules in Court of Appeals[4]

The U.S. Government took an immediate appeal from Judge Tigar’s decision, and on August 3, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit decided, 2 to 1, that the pause or stay of the District Court’s decision invalidating the Biden Administration’s new asylum restrictions should continue for as long as it takes the appellate court to rule on the case. The appellate court also stated that it would “expedite its consideration of the government’s appeal and said that briefs from both sides would be due by the end of September at the latest. A hearing will follow.”

The two judges in the majority—William A. Fletcher and Richard A. Paez—did not explain their reasoning.

However, the dissenting judge, Lawrence Van Dyke, said that the majority judges did not give the Trump Administration the same deference when the court invalidated asylum restrictions, which were practically the same as those adopted by the Biden Administration. Van Dyke more colorfully said that Biden’s asylum restrictions were so similar to the Trump administration’s that it looks like they “got together, had a baby, and then dolled it up in a stylish modern outfit, complete with a phone app.”

A spokeswoman for the Department of Homeland Security, Erin Heeter, responded to this appellate ruling. She said, “We will continue to apply the rule and immigration consequences for those who do not have a lawful basis to remain in the United States. The rule has significantly reduced irregular migration, and since its implementation on May 12 we have removed more than 85,000 individuals. We encourage migrants to ignore the lies of smugglers and use lawful, safe and orderly pathways.”

Katrina Eiland, the ACLU lawyer who argued the case for the plaintiffs, had a different reaction. She said, “We are confident that we will prevail when the court has a full opportunity to consider the claims. We are pleased the court placed the appeal on an expedited schedule so that it can be decided quickly, because each day the Biden administration prolongs its efforts to preserve its illegal ban, people fleeing grave danger are put in harm’s way.”

Conclusion

We all now await the parties’ appellate briefs and oral arguments followed by the Court of Appeals decision and then potential further proceedings in that court and the U.S. Supreme Court.

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[1] Biden Administration Announces Proposed Restrictions on Asylum Applications, dwkcommentaries.com (Feb. 27, 2023). h

[2] Meko & Vitchis, New Migrants Have a Year to Apply for Asylum. Many Won’t Make It, N.Y. Times (July 3, 2023); Sullivan, Lawyers Say Helping Asylum Seekers in Border Custody Is Nearly Impossible, N.Y. Times (July 22, 2023);Shear, Turkewitz & Sandeval, How and Why Illegal Border Crossings Have Dropped So Dramatically, N.Y. Times (July 26, 2023);

[3] Jordan & Sullivan, Federal Judge Blocks Biden Administration’s New Asylum Policy, N.Y. Times (July 25, 2023); Hackman & Caldwell, Judge blocks Biden Administration Asylum rules, W.S.J. (July 25, 2023); Editorial: Why are courts messing up a Biden asylum policy that works? Wash.Post ( July 27, 2023).

[4] Shear, Appeals Court Allows Biden’s Asylum Restrictions to Continue for Now, N.Y. Times (Aug. 3, 3023); Sacchetti & Miroff, Biden’s asylum restrictions for migrants may remain in place, federal appeals court rules, Wash. Post (Aug. 4, 2023)

Raúl Castro Discusses Cuba-U.S. Relations in Report to Seventh Congress of the Communist Party of Cuba 

The major event of the first day (April 16) of the four-day Seventh Congress of the Communist Party of Cuba was the two-hour, live televised address by Raúl Castro, the First Secretary of its Central Committee (and also President and General of the Army).[1] Most of this address concerned the country’s internal socio-economic and other issues, which will be covered in a subsequent post, while a prior post provided an overview of the Congress. This post will focus on his discussion of Cuba-U.S. relations. Here is what he had to say on that subject near the end of the speech along with this blogger’s reactions.

Castro’s Remarks

“Fifteen months have transpired since we announced, simultaneously with President Barack Obama, the decision to reestablish diplomatic relations between Cuba and the United States, on the basis of sovereign equality, non-interference in domestic affairs, and absolute respect for our independence. Hours before this speech, Fidel’s promise to the Cuban people was kept, with the completion of the return to the homeland of the Cuban Five.”

“We have reached this point thanks to the heroic resistance and sacrifice of the Cuban people, and their loyalty to the Revolution’s ideals and principles, supported by decisive international solidarity, made clear in multiple events and international organizations, in particular the overwhelming votes in the United Nations General Assembly against the blockade.”

“The political map of Our America had changed, given the advance of political forces on the left and popular movements, which contributed to progress in regional integration, symbolized by the constituting of the Community of Latin American and Caribbean States (CELAC), in December of 2011.”

“All of this placed the [U.S.] in an untenable situation of isolation within the hemisphere, and put the so-called inter-American system in crisis, as was made evident by the demand to end the blockade and opposition to the exclusion of Cuba from the 6th Summit of the Americas in Cartagena, in 2012.”

“On the other hand, changes have been occurring in U.S. society, and in the Cuban émigré community, in favor of the modification of the [U.S.’] policy toward Cuba.”

“In April of last year, we attended the 7th Summit of the Americas in Panama, with our heads held high. . . .”

“Throughout the period . . . since December of 2014, concrete results have been achieved in the dialogue and in cooperation between Cuba and the [U.S.] Nevertheless, the economic, commercial and financial blockade, imposed more than half a century ago, remains in force, with unquestionably intimidating, extraterritorial effects, although we recognize the position taken by President Obama and high-ranking administration officials against the blockade, and their repeated appeals to Congress in the interest of eliminating it.”

“The measures announced prior to [President Obama’s] visit to Havana, to introduce some modifications in the blockade’s implementation, on the basis of his executive powers, are positive but insufficient.”

“As we expressed in the meeting between the two Presidents with the press, to advance toward normalization of relations, it is imperative to eliminate the blockade, which causes our population hardship and constitutes the principal obstacle to economic development of the country; and return the territory illegally occupied by the Guantánamo Naval Base against the will of the Cuban government and people.”

“Likewise, [U.S.] programs directed toward changing the political, economic and social system, which we have chosen sovereignly, must be ended, along with other damaging policies still in effect.”

U.S. immigration “policy continues to be used as a weapon against the Revolution. The Cuban Adjustment Law, the “wet foot-dry foot” policy, and the Parole program for Cuban medical professionals remain in effect, to encourage illegal and unsafe emigration, and seeking to deprive us of qualified personnel.”[2]

“These practices do not reflect the stated change of policy toward Cuba, and generate difficulties for third countries.”

“There are more than a few U.S. government officials who upon recognizing the failure of their policy toward Cuba, make no attempt to disguise their affirmations that the goals remain the same, only the means are being modified.”

“We are willing to carry out a respectful dialogue and construct a new type of relationship with the [U.S.], one which has never existed between the two countries, because we are convinced that this alone could produce mutual benefits.”

“However, it is imperative to reiterate that no one should assume that to achieve this Cuba must renounce the Revolution’s principles, or make concessions to the detriment of its sovereignty and independence, or forego the defense of its ideals or the exercise of its foreign policy – committed to just causes, the defense of self-determination, and our traditional support to sister countries.”

“As the Constitution of the Republic stipulates, ‘Economic, diplomatic or political relations with any other state can never be negotiated under aggression, threats, or coercion by a foreign power.’”

“The road to normalization of bilateral ties is long and complex, and we will advance to the extent we are capable of putting into practice the art of civilized coexistence, or in other words, accept and respect our differences which are, and will be, profound; not making them the center of our relations, but rather concentrating on what brings us closer and not what separates us, promoting what is beneficial to both countries.”

“Relations with the [U.S.] have historically represented a challenge for Cuba, given their permanent pretension of exercising domination over our nation, and the determination of Cubans to be free and independent, regardless of the dangers to be faced, or the price we would have to pay.”

“The people’s unity with the Party, its profound patriotism and political culture, which have allowed us to confront the policy of aggression and hostility, will serve as a shield to defeat any attempt to undermine the revolutionary spirit of Cubans. This will be a challenge, especially for the youngest, who the Party recognizes as the continuators of the Revolution’s work and of the patriotic convictions of their grandparents and parents.”

Castro then launched into a defense of its Latin American allies against an unnamed foe (the U.S.):

  • “Latin America and the Caribbean find themselves experiencing the effects of a strong, articulated counteroffensive, on the part of imperialism and oligarchies, against revolutionary and progressive governments, in a difficult context marked by the deceleration of the economy, which has negatively impacted the continuity of policies directed toward development and social inclusion, and the conquests won by popular sectors.”
  • “This reactionary attack uses methods and technologies specific to the new doctrine of unconventional war, especially in the area of communications and culture, without ruling out attempts at destabilization and coups.”
  • “This policy is principally directed toward the sister Bolivarian Republic of Venezuela, and has been intensified in recent months in Bolivia, Ecuador, and Brazil, as well as Nicaragua and El Salvador.”
  • “Recent setbacks for governments of the left in the hemisphere are being used to announce the end of a progressive historical cycle, opening the way for the return of neoliberalism and demoralization of political forces and parties, social movements and working classes, which we must confront with more unity and increased articulation of revolutionary action.”
  • “We hold the firm conviction that the Venezuelan people will defend the legacy of our beloved compañero Hugo Chávez Frías, and prevent the dismantling of the accomplishments achieved. To the Bolivarian and Chavista Revolution, to President Maduro and his government, and to the civic-military union of the Venezuelan people, we reiterate our solidarity, our commitment, and energetic rejection of efforts to isolate Venezuela while dialoging with Cuba.”
  • “We demand that the sovereignty and independence of states be respected, and that interference in domestic affairs cease. At the same time, we reaffirm our firm support to all revolutionary and progressive governments, headed by prestigious leaders, whose economic and social policies have led to justice, dignity, sovereignty, and tangible benefits for the great majority, in the world’s most unequal region.”
  • “Also being renewed are efforts by the [U.S.] and their allies to undermine unity and the process of regional integration, frustrate the advance of CELAC, ALBA, UNASUR, and others, through a supposed reform of the inter-American system, in particular the OAS, attempting to promote the leading role of other schemes more compatible with their hegemonic interests.”
  • “We will never forget that the OAS – the Organization of American States – founded by the [U.S.]during the second half of the past century, at the beginning of the Cold War, has only served interests which contradict those of Our America. This organization, rightly described as the “Ministry of colonies” of the [U.S.] by the Foreign Minister of Dignity, compañero Raúl Roa García, was the one that sanctioned Cuba, and was ready to offer support and recognition to a puppet government, if the mercenary invasion at Playa Girón [Bay of Pigs] had been successful. The list of actions it took against the nascent Cuban Revolution, and other revolutionary and progressive governments, is interminable.”

Cuba’s diatribe against the U.S. was broadened to include the rest of the world with this statement by Castro: “Increasingly more serious are threats to international peace and security, as a result of U.S. imperialism’s attempts to impose its hegemonic position in the face of changes in the world’s equilibrium, and of the philosophy of usurpation and control of strategic natural resources, made evident by the increasingly offensive and aggressive military doctrine of NATO; the proliferation of non-conventional wars under the pretext of fighting “international terrorism;” the sharpening of differences with Russia and China; and the danger of a war in the Middle East of incalculable dimensions.”

Earlier in the address, Castro sought to rebut U.S. complaints about Cuban human rights with these words: Cuba is a party to 44 international treaties on human rights while the U.S. is only party to 18.[3] Moreover, “equal pay for equal work, whether for a man or woman, is a human right [in Cuba]. In other countries, including the [U.S., it is not, women earn less and thus dozens of supposed human rights can be cited. Free medical care in Cuba is a human right. In many other countries, this is not a human right, it is a business. In our country, education is free, in how many countries of the world is education free? It’s a business, too. That is, we will discuss this issue of human rights with anyone and anywhere whatsoever, and we will recognize those who are in the right.”

Raúl then made a joke about political rights. “When they say to me that in Cuba there is only one party. And I answer them, ‘Yes, like you, you have a single party,’ and the North Americans answer me: “No, we have two.” And as if I did not know, they tell me their names, ‘Democratic and Republican.’ ‘Correct, that’s right, it’s the same as if we were to have two parties in Cuba, Fidel would head one and I the other.’”

Conclusion

Given the prior public positions of the Cuban government, Castro did not say anything new on the subject of Cuba-U.S. relations. As expressed in many earlier posts, I agree that the U.S. should end its embargo of Cuba, its special immigration policies regarding Cubans and its covert or “discreet” programs purportedly promoting democracy in Cuba.

I also recognize that Cuba repeatedly has alleged that the U.S. occupation of Guantanamo Bay is illegal, but saying so does not make it so, and this blog has suggested that the dispute on this issue is unlikely to be resolved in discussions and negotiations, but instead should be submitted for resolution to an independent court like the International Court of Arbitration at the Hague along with any damage claims asserted by Cuba with respect to the embargo.

Another point of disagreement with Castro is his assertion that the U.S. goal of Cuban regime change is the same, but that the means have changed. Yes, the U.S. vigorously advocates for the right of Cubans to elect their leaders by popular vote, for the right of Cubans to protest and demonstrate against the government and to express their opinions without arrest and arbitrary detention and for the empowerment of Cubans to engage in self-employment and business. If they had such rights, that might lead to changes in the Cuban economy and government, but those changes would be chosen by the Cuban people, not imposed upon them by the U.S.

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[1] Congress documents will be submitted to a broad discussion, Granma (April 16, 2016); 7th Party Congress underway, Granma (April 16, 2016); Raúl Castro, Central Report to 7th Congress of Communist Party of Cuba, Granma (April 16, 2016) (text in original Spanish); Raúl Castro, Central Report to 7th Congress of Communist Party of Cuba,  Granma (April 17, 2016) (text in English translation); Burnett, Raúl Castro Urges Cubans to Remain Alert to U.S. Efforts to Alter Communist System, N.Y. Times (April 16, 2016); Reuters, Castro Hardens Rhetoric, Warns Cubans to Be Alert to U.S. Intentions, N.Y. Times (April 16, 2016); Assoc. Press, Raul Castro Presents Grim Picture of Cuban Reforms, N.Y. Times (April 16, 2016); Torres, Raúl Castro proposes age limits on key jobs in CCP, Miami Herald (April 16, 2016);Raúl Castro derides US democracy in speech to Cuban Communist Party, Guardian (April 16, 2016); Editorial, Rhetoric and reality in Cuba, El Pais (April 17, 2016).

[2] Earlier in the speech Castro said, “Illegal and disorderly emigration of youth and specialists from various sectors is encouraged under the Cuban Adjustment Act, the “wet foot-dry foot” policy and the Parole Program, that is, permission to reside in the United States, granted with absolute speed, for our doctors, who provide services abroad.”

[3] Castro did not list the human rights treaties in question, and this blogger has not attempted to verify the assertion that Cuba was a party to 44 such treaties. Prior posts have pointed out that the U.S. is a party to 16 major such treaties while signing, but not ratifying 9 others and not signing and ratifying 7 others: Multilateral Human Rights Treaties Ratified by the U.S. (Feb. 9, 2013); Multilateral Treaties Signed, But Not Ratified by the U.S. (Feb. 12, 2013); Multilateral Human Rights Treaties That Have Not Been Signed and Ratified by the U.S. (Feb. 16, 2013)

Presidents Obama and Castro Speak and Meet at United Nations

Over the last week Cuban President Raúl Castro has made two speeches at the United Nations in New York City as has U.S. President Barack Obama. Afterwards the two of them with advisors held a private meeting at the U.N. with subsequent comments by their spokesmen. Here is a chronological account of these events.

President Castro’s September 26th Speech[1]

 

On September 26, President Raúl Castro 11131154waddressed the U.N. Summit on Sustainable Development, as shown in the photograph to the right. In his remarks he said, ”The reestablishment of diplomatic relations Between Cuba and the United States of America, the opening of embassies and the policy changes announced by President Barack Obama . . . constitute a major progress, which has elicited the broadest support of the international community.”

However, he added, “the economic, commercial and financial blockade [by the U.S.] against Cuba persists bringing damages and hardships on the Cuban people, and standing as the main obstacle to our country’s economic development, while affecting other nations due to its extraterritorial scope and hurting the interests of American citizens and companies. Such policy is rejected by 188 United Nations member states that demand its removal.”

More generally Castro condemned “the pervasive underdevelopment afflicting two-thirds of the world population” and the widening “gap between the North and the South” and “wealth polarization.”

Thus, he argued, “If we wish to make this a habitable world with peace and harmony among nations, with democracy and social justice, dignity and respect for the human rights of every person, we should adopt as soon as possible concrete commitments in terms of development assistance, and resolve the debt issue.” Such a commitment, he said, would require “a new international financial architecture, removal of the monopoly on technology and knowledge and changing the present international economic order.”

Nevertheless, according to President Castro, Cuba will continue to help other developing nations despite its limited capabilities and “shall never renounce its honor, human solidarity and social justice” that “are deeply rooted in our socialist society.”

President Obama’s September 27th Speech[2]

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On September 27, President Obama addressed the same U.N. Summit on Sustainable Development without touching on U.S.-Cuba relations. Instead he concentrated on the purpose of the Summit– sustainable development. (His photograph is to the left.)

He started by rejecting the notion that “our efforts to combat poverty and disease do not and cannot work, that there are some places beyond hope, that certain people and regions are condemned to an endless cycle of suffering.” Instead, he asserted, “the global hunger rate has already been slashed.  Tens of millions of more boys and girls are today in school.  Prevention and treatment of measles and malaria and tuberculosis have saved nearly 60 million lives.  HIV/AIDS infections and deaths have plummeted.  And more than one billion people have lifted themselves up from extreme poverty — one billion.”

Nevertheless, much remains to be done, according to Obama, and the nations at this Summit “commit ourselves to new Sustainable Development Goals, including our goal of ending extreme poverty in our world.  We do so understanding how difficult the task may be.  We suffer no illusions of the challenges ahead.  But we understand this is something that we must commit ourselves to.  Because in doing so, we recognize that our most basic bond — our common humanity — compels us to act.”

In this work, President Obama stated, the U.S. “will continue to be your partner.  Five years ago, I pledged here that America would remain the global leader in development, and the United States government, in fact, remains the single largest donor of development assistance, including in global health.  In times of crisis — from Ebola to Syria — we are the largest provider of humanitarian aid.  In times of disaster and crisis, the world can count on the friendship and generosity of the American people.”

Therefore, Obama said, he was “committing the United States to achieving the Sustainable Development Goals” and to “keep fighting for the education and housing and health care and jobs that reduce inequality and create opportunity here in the United States and around the world.” This effort will include other “governments, more institutions, more businesses, more philanthropies, more NGOs, more faith communities, more citizens.” Moreover, the “next chapter of development must also unleash economic growth — not just for a few at the top, but inclusive, sustainable growth that lifts up the fortunes of the many.”

President Obama concluded by noting these obstacles to achieving these goals: bad governance; corruption; inequality; “old attitudes, especially those that deny rights and opportunity to women;” failure to “recognize the incredible dynamism and opportunity of today’s Africa;” war; and climate change

President Obama’s September 28th Speech[3]

 In a wide-ranging speech on international affairs, President Obama commented on U.S. relations with Cuba. He said, “I also believe that to move forward in this new era, we have to be strong enough to acknowledge when what you’re doing is not working. For 50 years, the United States pursued a Cuba policy that failed to improve the lives of the Cuban people. We changed that. We continue to have differences with the Cuban government. We will continue to stand up for human rights. But we address these issues through diplomatic relations, and increased commerce, and people-to-people ties. As these contacts yield progress, I’m confident that our Congress will inevitably lift an embargo that should not be in place anymore. Change won’t come overnight to Cuba, but I’m confident that openness, not coercion, will support the reforms and better the life the Cuban people deserve, just as I believe that Cuba will find its success if it pursues cooperation with other nations.”

Later in the speech, Obama added these words: “Think of the Americans who lowered the flag over our embassy in Havana in 1961 — the year I was born — and returned this summer to raise that flag back up. (Applause.) One of these men said of the Cuban people, “We could do things for them, and they could do things for us. We loved them.” For 50 years, we ignored that fact.

These comments were in the context of the following more general discussion of international affairs by President Obama: “We, the nations of the world, cannot return to the old ways of conflict and coercion. We cannot look backwards. We live in an integrated world — one in which we all have a stake in each other’s success. We cannot turn those forces of integration. No nation in this Assembly can insulate itself from the threat of terrorism, or the risk of financial contagion; the flow of migrants, or the danger of a warming planet. The disorder we see is not driven solely by competition between nations or any single ideology. And if we cannot work together more effectively, we will all suffer the consequences.”

“No matter how powerful our military, how strong our economy, we understand the United States cannot solve the world’s problems alone.” So too, in words that could be aimed at Cuba and others, “repression cannot forge the social cohesion for nations to succeed. The history of the last two decades proves that in today’s world, dictatorships are unstable. The strongmen of today become the spark of revolution tomorrow. You can jail your opponents, but you can’t imprison ideas. You can try to control access to information, but you cannot turn a lie into truth. It is not a conspiracy of U.S.-backed NGOs that expose corruption and raise the expectations of people around the globe; it’s technology, social media, and the irreducible desire of people everywhere to make their own choices about how they are governed.”

In a similar vein, Obama said, “The strength of nations depends on the success of their people — their knowledge, their innovation, their imagination, their creativity, their drive, their opportunity — and that, in turn, depends upon individual rights and good governance and personal security.”

Finally, according to Obama, we must “defend the democratic principles that allow societies to succeed” with a recognition that “democracy is going to take different forms in different parts of the world. The very idea of a people governing themselves depends upon government giving expression to their unique culture, their unique history, their unique experiences. But some universal truths are self-evident. No person wants to be imprisoned for peaceful worship. No woman should ever be abused with impunity, or a girl barred from going to school. The freedom to peacefully petition those in power without fear of arbitrary laws — these are not ideas of one country or one culture. They are fundamental to human progress.”

“A government that suppresses peaceful dissent is not showing strength; it is showing weakness and it is showing fear. History shows that regimes who fear their own people will eventually crumble, but strong institutions built on the consent of the governed endure long after any one individual is gone.”

“That’s why our strongest leaders — from George Washington to Nelson Mandela — have elevated the importance of building strong, democratic institutions over a thirst for perpetual power. Leaders who amend constitutions to stay in office only acknowledge that they failed to build a successful country for their people — because none of us last forever. It tells us that power is something they cling to for its own sake, rather than for the betterment of those they purport to serve.”

“Democracy — inclusive democracy — makes countries stronger. When opposition parties can seek power peacefully through the ballot, a country draws upon new ideas. When a free media can inform the public, corruption and abuse are exposed and can be rooted out. When civil society thrives, communities can solve problems that governments cannot necessarily solve alone. When immigrants are welcomed, countries are more productive and more vibrant. When girls can go to school, and get a job, and pursue unlimited opportunity, that’s when a country realizes its full potential.”

President Castro’s September 28th Speech[4]

On September 28, Cuban President Raúl Castro in his address to the U.N. General Assembly essentially reiterated his comments of two days earlier about U.S.-Cuba relations with these words: ‘After 56 years, during which the Cuban people put up a heroic and selfless resistance, diplomatic relations have been reestablished between Cuba and the United States of America.”

“Now, a long and complex process begins toward normalization that will only be achieved with the end of the economic, commercial and financial blockade; the return to our country of the territory illegally occupied by the Guantanamo Naval Base; the suspension of radio and TV broadcasts, and subversion and destabilization attempts against the Island; and, when our people are compensated for the human and economic damages they continue to endure.”

“As long as the blockade remains in force, we will continue to introduce the Draft Resolution entitled ‘Necessity of Ending the Economic, Commercial and Financial Embargo imposed by the United States of America on Cuba.’ To the 188 governments and peoples who have backed our just demand, here, and in other international and regional forums, I reaffirm the eternal gratitude of the Cuban people and government for your continued support.” [5]

The rest of this Castro speech argued that the U.N. has failed in its 70 years of existence to fulfill the lofty purposes of its Charter. The speech also noted Cuba’s solidarity with its Caribbean brothers, African countries, the Bolivarian Republic of Venezuela, the Republic of Ecuador, the people of Puerto Rico, the Republic of Argentina, the Brazilian people and President Dilma Rouseff, the Syrian people and the Palestinian people. Castro also supported the nuclear agreement with the Islamic Republic of Iran.

On the other hand, Castro reaffirmed Cuba’s “rejection of the intention to expand the presence of NATO up to the Russian borders, as well as of the unilateral and unfair sanctions imposed on that nation” and Cuba’s condemnation of NATO and European countries’ efforts to destabilize countries of the Middle East and Africa that have led to the recent migrant crisis in Europe.

In conclusion, Castro said, “the international community can always count on Cuba to lift its sincere voice against injustice, inequality, underdevelopment, discrimination and manipulation; and for the establishment of a more equitable and fair international order, truly focused on human beings, their dignity and well-being.”

The Presidents’ Meeting[6]

Obama &Castro

The two presidents with their advisors held a 30-minute private meeting at the U.N. on Tuesday, September 29. The photograph at the left shows them shaking hands.

The U.S. delegation consisted of Secretary of State, John Kerry; National Security Adviser, Susan Rice; National Security Council Senior Director for Western Hemisphere Affairs, Mark Feierstein; and the U.S. Permanent Representative to the U.N., Samantha Power.

Cuba’s delegation was composed of the Foreign Minister, Bruno Rodriguez; Consultant, Alejandro Castro Espin (the son of President Raúl Castro); Vice President of Cuba’s Defense and Security Committee, Juan Francisco Arias Fernández; Cuba’s Director General of U.S. Affairs, Ministry of Foreign Affairs, Josefina Vidal; and Cuba’s Ambassador to the U.S., José Ramón Cabañas.

White House’s Comments on the Meeting[7]

On a September 29 flight from New York City to Washington, D.C., White House Press Secretary Josh Earnest, in response to a journalist’s question, said, “I know that the two leaders had an opportunity to discuss some of the regulatory changes that have been announced in the last couple of weeks on the part of the [U.S.]. The State Department is leading civil aviation coordination talks in Cuba right now.  And these are all additional steps that are moving toward more normal relations between our two countries.”

“The President, as he always does, . . . reaffirmed our commitment to seeing the Cuban government do a better job of not just respecting, but actually proactively protecting, the basic human rights of the Cuban people.”

We “continue to believe that deeper engagement and deeper people-to-people ties, deeper economic engagement between the [U.S.] and Cuba will have the effect of moving the government and the nation in a positive direction.”

Thereafter the White House released the following written statement about the meeting: “President Obama met today with President Raul Castro of Cuba to discuss recent advances in relations between the United States and Cuba, as well as additional steps each government can take to deepen bilateral cooperation. The two Presidents discussed the recent successful visit of Pope Francis to both countries.  President Obama highlighted U.S. regulatory changes that will allow more Americans to travel to and do business with Cuba, while helping to improve the lives of the Cuban people.  The President welcomed the progress made in establishing diplomatic relations, and underscored that continued reforms in Cuba would increase the impact of U.S. regulatory changes.  The President also highlighted steps the United States intends to take to improve ties between the American and Cuban peoples, and reiterated our support for human rights in Cuba.”

Cuban Foreign Minister’s Press Conference[8]

Soon after the presidential meeting, Cuban Foreign Minister Bruno Rodriguez held a press conference at the U.N. In his opening statement, he said that in a “respectful and constructive” atmosphere, the two presidents exchanged their views on the recent visit of Pope Francisco to Cuba and the United States, as well as issues on the bilateral agenda established between the two countries.

“The presidents agreed on the need to continue working on the set bilateral agenda, which includes areas of mutually beneficial bilateral cooperation and in third countries such as Haiti, the development of dialogue on issues of bilateral and multilateral interest and resolving outstanding issues between two states.”

President Castro affirmed Cuba’s desire to build a new relationship with the U.S. based on respect and sovereign equality, but reiterated that to have normal relations the U.S. had to lift the blockade, which is causing damage and hardship to the Cuban people and affects the interests of American citizens.

Castro also confirmed that Cuba on October 27 would introduce in the General Assembly a resolution condemning the embargo (blockade). Said the foreign Minister, the blockade is “a massive, flagrant and systematic violation of human rights of all Cubans and harms all Cuban families, even Cubans living outside Cuba.” Cuba fully expects this year’s resolution to once again have overwhelming support.

The Foreign Minister said the return of the territory illegally occupied by the Guantanamo Naval Base in Cuba is a high priority element in the process of normalization of relations between the U.S. and Cuba, as a vindication of Cuban people.

At another point he added that “we are very proud of the accomplishments of Cuba on human rights and that human rights are universal, not subject to political selectivity or manipulation of any kind. ” Cuba guarantees the full exercise of political rights and civil liberties, and economic, social and cultural rights. We have many concerns with the situation on human rights in the world, particularly in the U.S. and Western Europe, as illustrated by the current immigration refugee crisis. The pattern of racial discrimination and police brutality against African Americans in the [U.S.] is really serious.

Conclusion

Cuba reiterated its insistence on ending the U.S. embargo as an essential condition for normalization of relations, an objective shared by President Obama and this blog. [9] We now await the U.N. General Assembly’s debate and anticipated approval on October 27 of another resolution condemning the embargo and whether the U.S. will, for the first time, abstain on the vote.

Cuba continues to assert that the U.S. lease of Guantanamo Bay is illegal, but its saying so does not make it so. Previous blog posts have discussed this contention and do not find it persuasive and, therefore, suggested the two countries submit the dispute for resolution to the Permanent Court of Arbitration at The Hague in the Netherlands.[10]

The same means has been suggested in this blog for resolving the disputes about whether or not Cuba has been damaged by the embargo (blockade) and the amount of such alleged damages as well as the amount of damages to U.S. interests by Cuba’s expropriation of property in the early years of the Cuban Revolution.

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[1] Cuba Ministry Foreign Affairs, Raul Castro: Unacceptable levels of poverty and social inequality persist and even aggravate across the world (Sept. 26, 2015); Reuters, Cuba’s Castro Slams U.S. Trade Embargo at United Nations, N.Y. Times (Sept. 26, 2015); Reuters, U.S. Embargo ‘Main Obstacle’ to Cuba’s Development: Castro, N.Y. Times (Sept. 26, 2015) (video)

[2] White House, Remarks by President on Sustainable Development Goals (Sept. 27, 2015).

[3] Reuters, Quotes from President Obama’s U.N. Speech, N.Y. Times (Sept. 28, 2015); President Obama’s Speech to the United Nations General Assembly 2015, N.Y. Times (Sept. 28, 2015); White House, Remarks by President Obama to the United Nations General Assembly (Sept. 28, 2015).

[4] Raúl at the United Nations: The International community can always count on Cuba’s voice in the face of injustice, Granma (Sept. 28, 2015); Full text [of Castro’s speech], Granma (Sept. 28, 2015); Reuters, At U.N., Castro Says U.S. Must End Embargo to Have Normal Cuba Ties, N.Y. Times (Sept. 28, 2015); Assoc. Press, Raúl Castro Addresses General Assembly, N.Y. Times (Sept. 28, 2015) (video); Goldman, At the U.N., Raúl Castro of Cuba Calls for End to U.S. Embargo, N.Y. Times (Sept. 28, 2015).

[5] A prior post reviewed last year’s General Assembly’s condemnation of the embargo.

[6] Assoc. Press, U.S., Cuba Leaders Meet for 2nd Time in This Year, N.Y. Times (Sept. 29, 2015); Reuters, Obama, Castro Meet as They Work on Thawing U.S.-Cuba Ties, N.Y. Times (Sept. 29, 2015); Cuba and U.S. Presidents meet, Granma (Sept. 30, 2015)

[7] White House, Press Gaggle by Press Secretary Josh Earnest en route Washington, D.C., 9/29/15; White House, Readout of the President’s Meeting with Cuban President Raul Castro (Sept. 29, 2015).

[8] Reuters, Cuban Minister on Obama-Castro Meeting, N.Y. Times (Sept. 29, 2015) (video); Bruno Rodriguez: The blockade is a massive, flagrant and systematic violation of human rights, Granma (Sept. 30, 2015).

[9] This blog has discussed the initial bills to end the embargo in the House and Senate as well as later bills to do the same in the Senate and House.

[10] Resolution of U.S. and Cuba’s Damage Claims (April 4, 2015); Resolution of Issues Regarding U.S.-Lease of Guantanamo Bay (April 6, 2015); Does Cuba Have a Right to Terminate the U.S. Lease of Guantanamo Bay? (April 26, 2015).