Cuban Ladies in White Win Cato Institute’s Milton Friedman Prize

At a May 17 New York City gala dinner, the Cato Institute awarded its $250,000 Milton Friedman Prize for Advancing Liberty to Cuba’s Ladies in White.[1] This award, the political reaction to the award, Cato’s other positions on Cuba and Cato’s background raise interesting issues as discussed below.

The Award

The Institute’s announcement of this prize said the following:

  • “The Ladies in White (Damas de Blanco) have a simple message: The political prisoners of Cuba are our sons, our brothers, and our husbands. They must not be forgotten.”
  • “Every Sunday, the Ladies in White gather, or attempt to gather, for Mass at Saint Rita de Casia Church in Havana, followed by a procession down Fifth Avenue. They wear white to symbolize the peaceful nature of their protest, and each wears a photograph of a loved one who is in prison. For this the authorities have constantly harassed them and organized mob violence against them.”
  • “The movement began on March 18, 2003, when journalist Héctor Maseda Gutiérrez was arrested in his home in Havana and sentenced to 20 years in prison for criticizing the regime of Fidel Castro. His case drew worldwide attention, with Amnesty International calling him a prisoner of conscience and demanding his release. Around 75 others were arrested at the same time, in an incident that has been called the Black Spring. All have since left prison, though not unconditionally, with the majority having had to leave Cuba. Since that time, sporadic arrests of journalists, lawyers, and other intellectuals have continued in Cuba, belying the myth that with normalized relations, Cuba’s human rights record would improve. If anything, it has deteriorated.”
  • “Two weeks after Maseda was arrested, his wife Laura Pollán Toledo brought together a group of wives, mothers, sisters, and daughters of the imprisoned to pray for their loved ones. They have continued to gather each Sunday, and the movement has since spread to other churches throughout Cuba. Although they are not a political party and do not have an overtly political program, they seek freedom of expression for all and the release of prisoners of conscience in Cuba. In recognition of their courage, the Ladies in White were the 2005 recipients of the Sakharov Prize for Freedom of Thought, awarded by the European Parliament. The Cuban government prohibited them from attending the award ceremony in Strasbourg, France.”
  • “In 2015 Berta Soler, one of the leaders of the group, told the U.S. Senate, “Our aspirations are legitimate…. Our demands are quite concrete: freedom for political prisoners, recognition of civil society, the elimination of all criminal dispositions that penalize freedom of expression and association and the right of the Cuban people to choose their future through free, multiparty elections. We believe these demands are just and valid. Even more importantly, for us they represent the most concrete exercise of politics, a step in the direction of democratic coexistence. Cuba will change when the laws that enable and protect the criminal behavior of the forces of repression and corrupt elements that sustain the regime change.”
  • “As the first step, the Ladies in White demand the release of all political prisoners. The outlook for many of the prisoners is grim; prison conditions are deplorable, visits are rare, and even their mail is intercepted by the authorities. And the Ladies themselves have faced increasing police harassment and arrest in recent years, as the Cuban government tries to hide-but not correct-its habit of quashing dissent. Laura Pollán died in 2011 under gravely suspicious circumstances. But the movement she founded continues: The Ladies in White will meet, pray, and bear witness every Sunday until Cuba’s political prisoners are freed.”

The keynote speaker at the gala dinner was Brazilian Judge, Sergio Moro, who become a household name in his country thanks to Operation Car Wash, the massive scandal in which he has sent some of Brazil’s most powerful politicians and business elite to jail for corruption.

U.S. Political Reaction to the Award[2]

Just before Cato’s dinner, U.S. Ambassador Nikki Haley met with representatives of Cuba’s Ladies in White at the U.N. and with a photo tweeted, “Congratulations to the Ladies in White for your Milton Friedman award for advancing liberty. The US stands behind you in your fight against the Cuban government for the rights of its people.” Here is that photo of Ambassador Haley with members of the group.

The prior day four U.S. Senators– Marco Rubio (Rep., FL), Bill Nelson (Dem., FL), Bob Menendez (Dem., NJ) and Ted Cruz (Rep., TX)– introduced a resolution congratulating the Ladies in White on receiving the prestigious award, expressing solidarity with the democratic aspirations of the Cuban people and calling on the Cuban regime to allow members of Las Damas de Blanco to travel freely both domestically and internationally. The press release continued, “the dissident group, which routinely faces brutal beatings and imprisonment from the Cuban regime, peacefully gathers and marches in white clothes every Sunday in Havana carrying a picture of their loved ones in one hand and a white gladiolus in the other.”

Subsequent Incidents Involving the Ladies in White[3]

On Sunday, May 20, the Ladies in White who were on the street were arrested and soon thereafter released except for Marieta Martinez. And the next Tuesday, May 22, their leader, Berta Soler, was arrested outside the group’s Havana headquarters.  Another member, Cecilia Guerra, was also arrested outside the headquarters and immediately released. In addition, two others, Maria Carolina Labrada and Deysi Artiless,  were arrested at their homes.

Cato Institute’s Other Positions on Cuba[4]

Cato Institute’s Handbook for Policymakers, 8th Edition (2017), surprisingly for this reader, recommended repeal of two key statutes authorizing the embargo– the Helms-Burton Law of 1996 and the Torricelli Act of 1992–and ending “all remaining sanctions that prevent U.S. companies from trading and investing in Cuba.” This, it said, would leave the Cold War in the past, and eliminate unintended consequences of a flawed policy. In short, it said, “U.S. policy toward Cuba should focus on national security interests, not on transforming Cuban society or micromanaging the affairs of a transitional government.”

These positions were reiterated in a June 2017 article by a Cato senior fellow, just after President Trump in his Miami speech announced cutbacks in policies for U.S. travel to the island. The article asserted, “The presidential campaign is over. President Trump should do what is best for both the American and Cuban people, and end economic restrictions on the island. Freedom eventually will come to Cuba. Flooding the island with foreign people and money would make that day arrive sooner.”

Cato Institute Background[5]

The Cato Institute describes itself as “a public policy research organization — a think tank — dedicated to the principles of individual liberty, limited government, free markets and peace. Its scholars and analysts conduct independent, nonpartisan research on a wide range of policy issues. It accepts no government funding. Instead, it receives approximately 80 percent of its funding through tax-deductible contributions from individuals, foundations, corporations, and the sale of books and publications.”

Founded in 1974 in Wichita, Kansas as the Charles Koch Foundation by Charles Koch, who is one of the wealthiest persons in the world and who with his brother David runs Koch Industries that supports many so-called conservative causes. In 1976 the Foundation moved to Washington, D.C. and adopted its current name in recognition of Cato’s Letters, a series of essays published in 18th- century England that presented a vision of society free from excessive government power. Cato says “those essays inspired the architects of the American Revolution. And the simple, timeless principles of that revolution — individual liberty, limited government, and free markets — turn out to be even more powerful in today’s world of global markets and unprecedented access to information than Jefferson or Madison could have imagined. Social and economic freedom is not just the best policy for a free people, it is the indispensable framework for the future.”

The current 19 members of Cato’s Board are the following:

John A. Allison, Former President & CEO, Cato Institute; Retired Chairman & CEO, BB&T (the 10th-largest U.S. financial services holding company);

Carl Barney, Chairman, Center for Excellence in Higher Education, a Scientologist and very wealthy operator of for-profit colleges;

Baron Bond, Executive Vice President, The Foundation Group LLC, a real estate management, investment, and development company whose biography appears on the website for the Atlas Society named after Ayn Rand’s “Atlas Shrugged;”

Rebecca Dunn, Trustee, DUNN Foundation, which says it “believes that liberty and opportunity should be enjoyed by the people of this Nation, envisions a world where the use of force by coercive public or private institutions no longer threatens our freedoms and celebrates entrepreneurial innovations that further these purposes;”

Robert Gelfond, wealthy CEO and Founder, Macro Quantitative Strategies (MQS);

Peter N. Goettler, President & CEO, Cato Institute, former officer of Barclays Capital and on board of Atlas Network and advocate of libertarian organizations in several foreign countries;

David C. Humphreys, President & CEO, TAMKO Building Products, Inc. and a “massive” Republican donor;

James M. Kilts, wealthy Partner, Centerview Capital Holdings, an investment banking firm, and former CEO, The Gillette Company;

James M. Lapeyre, Jr., President, Laitram, LLC, a diversified global manufacturer and officer of The Atlas Society;

Ken Levy, Levy Family Fund and businessman;

Robert A. Levy, Chairman, Cato Institute, founder of a major provider of investment information and software and successful attorney in Supreme Court ban on Washington, D.C. gun ban;

Preston Marshall, President/CEO, Rusk Capital Management and friend of the Koch brothers;

Nancy M. Pfotenhauer, President and CEO, MediaSpeak Strategies, staffer on 2008 McCain/Palin campaign and former director of the Washington, D.C. office of Koch Industries;

Lewis E. Randall, Former Director, E*Trade Financial, a financial services company;

Howard S. Rich, real estate investor and Chairman, U.S.Term Limits and other libertarian-oriented political initiatives;

Donald G. Smith, President, Donald Smith & Co., Inc., an investment advisory firm;

Nestor R. Weigand, Jr., Chairman and CEO, JP Weigand & Sons, Inc., a full-service real estate firm;

Jeffrey S. Yass, Managing Director, Susquehanna International Group, LLP, a global trading and technology firm;

Fred Young, Former Owner, Young Radiator Company, and major supporter of conservative groups and candidates.

The members of the International Selection Committee for the 2018 Prize were Leszek Balcerowicz, Former Deputy Prime Minister and Finance Minister, Poland; Janice Rogers Brown, Former Judge, U.S. Court of Appeals for the District of Columbia Circuit; Vicente Fox. Former President, Mexico; Sloane Frost, Chairwoman, Board of Directors, Students for Liberty; Peter N. Goettler, President and CEO, Cato Institute; Herman Mashaba. Executive Mayor, Johannesburg, South Africa; Harvey Silverglate, Co-founder, Foundation for Individual Rights in Education; Donald G. Smith, President, Donald Smith & Company Inc.; and Linda Whetstone, Chair, Atlas Network.

 Conclusion

The preceding account of the history of the Ladies in White tells an impressive story of alleged Cuban suppression of dissent, free speech and assembly and freedom of religion. The Cuban government, however, disagrees and is believed to assert that these women are not religious activists and dissenters, but trouble-makers for hire by the CIA or U.S. Agency for International Development or private groups in the U.S.

Which account is true? We need to hear more from the Cubans and U.S. journalists or private investigators who have investigated the activities of the Ladies in White.

The creation of the Cato Institute (f/k/a Charles Koch Foundation) by Charles Koch and the changing of its name perhaps to conceal or minimize its Koch origins raise questions about its objectivity and fairness.

Cato’s 19-member Board has 17 white, very successful and wealthy men and two white women who apparently are married to very successful and wealthy white men. This too raises questions about the board’s objectivity and fairness.

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[1] Cato Institute, The Milton Friedman Prize for Advancing Liberty: Las Damas de Blanco, Winner of the 2018 Milton Friedman Prize; Whitefield, Cuba’s Ladies in White win $250,000 prize for advancing liberty, Miami Herald (May 17, 2018).

[2] U.S. Miss. to UN, Tweet: Congratulations to the Ladies in White (May 17, 2018); Press Release, Rubio, Menendez, Nelson, Cruz Introduce Resolution Honoring ladies in White for Milton Friedman Prize for Advancing Liberty (May 16, 2018).

[3] The regime stops Berta Soler and deploys operations in the homes of other Ladies in White, Diario de Cuba (May 22, 2018).

[4] Cato Institute, CATO Handbook for Policymakers—Relations with Cuba,  8th Edition (2017); Bandow, Trump Panders on Cuba, Preferring Cold War over Progress, Cato Inst. (June 23, 2017).

[5]  Cato Institute, About Cato; Cato Institute, Wikipedia.

Cuba’s Universal Periodic Review Hearing by the U.N. Human Rights Council

On May 16, the U.N. Human Rights Council in Geneva, Switzerland held a 210-minute public hearing on its third Universal Periodic Review (UPR) of Cuba’s human rights record. The hearing consisted of Cuba’s report by its Foreign Minister, Bruno Rodriguez, and other Cuban officials; comments and recommendations by 140 countries (50 seconds each for a total of approximately 117 minutes); and responses by the Cuban officials.

Before the hearing,, the Council received Cuba’s human rights report, a summary of U.N. information about Cuba, reports from stakeholders (human rights organizations and others); and advance questions from some U.N. Members. The  224 submissions from stakeholders, for example, included around 17 that said Cuba’s constitutional and legislative framework “guaranteed the enjoyment of all human rights and fundamental freedoms.” The Cuban Human Rights Observatory, and others, on the other hand, said that Cuba had not undertaken any reforms to promote the exercise of political freedoms.[1]

Cuban Government’s Report[2]

From the times of the US military occupation, which severed our independence, under the governments it imposed, 45 per cent of children did not attend schools; 85 per cent of persons lacked running water; farmers lived in abject poverty without ever owning the land they tilled and immigrants were brutally exploited. In Cuba [during those years], workers and farmers had no rights.  Extrajudicial execution, enforced disappearances and torture were recurrent.  Discrimination based on the color of the skin was brutal; poverty was rampant and women and girls were even more excluded.  The dignity of Cubans was tarnished and Cuba’s national culture was trampled upon.” (Emphasis added.)

“The Cuban Revolution led by Commander in Chief Fidel Castro Ruiz transformed that reality and continues to strive to improve the quality of life, wellbeing and social justice for all of our people, thus implementing all human rights. That willingness to protect human dignity, provide equal opportunities and ‘conquer all the justice,’ has remained unchanged and unswerving until today.”

“Our country has continued to take steps to further improve its economic and social development model with the purpose of building a sovereign, independent, socialist, democratic, prosperous and sustainable nation by strengthening the institutional structure of our political system, which is genuinely participatory and enjoys full popular support.”

In accordance with the Constitution, we have continued to strengthen the legal and institutional framework for the protection and promotion of those rights, and we have introduced modifications and proposals adapted to the needs and realities of the Cuban society and international standards. The attention to citizens has been equally improved by means of the expansion of the mechanisms, ways and recourses in the hands of the population to denounce any  infringement of the legal system or their rights; file claims or petitions to the competent authorities; channel up their opinions and concerns and actively participate in the adoption of government decisions.”

The Foreign Minister then provided more details about Cuba’s “protection of the right to life. . .; law enforcement authorities . . . [being] subject to rigorous control processes and popular scrutiny.; . . .There has been no impunity in the very few cases of abuses involving law enforcement agents and officials;” no traffic in firearms; continued strengthening of “people’s participation in government decision-making and the exercise of the freedoms recognized under the Constitution and the law;” increased “effectiveness of the control exercised by all citizens over the activity of state organs, elected representatives and public officials;” advancing “the promotion of the right to full equality; in the struggle against elements of discrimination based on the color of the skin and against women;” and  increasing “support to prevent and cope with manifestations of discrimination based on sexual orientation and gender identity.” He also mentioned increases in numbers of civil society organizations, and said defenders of human rights enjoy government recognition and support.

However, in Cuba, “the legal system cannot be infringed upon or subverted to satisfy a foreign agenda that calls for a change of regime, the constitutional order and the political system that Cubans have freely chosen.  Those who act this way are not worthy of being described as human rights defenders; they rather qualify as agents to the service of a foreign power, according to many western legislations. (Emphasis added.)

Cuba has continued to strengthen its cooperation with the UN mechanisms that take care of these issues. . . We have strictly complied with all  . . . 44 of the 61 international human rights instruments [into which we have entered.]”

“Cuba has continued to promote initiatives at the [U.N.] Human Rights Council and the Third Committee of the UN General Assembly, for the defense of human rights, including the rights to development and peace.  We have consistently opposed every attempt to politically manipulate said bodies; selectivity as well as double standards.”

Likewise, “huge efforts are being made, amid adverse financial conditions, to preserve the purchasing power of salaries and pensions, improve access to food, adequate housing and public transportation, while preserving and even enhancing the quality of universal and free education and public health. No one will ever be left to his or her own fate in Cuba.”

“We cannot but mention our condition as a small island developing country, faced with an unfavorable international economic situation, characterized by the prevalence of irrational and unsustainable patterns of production and consumption; market regulations and non-transparent and less than democratic international financial institutions. Added to this are the adverse effects of climate change and the impact of natural disasters of high intensity on our economy.  Substantial resources should be invested to cope with them. (Emphasis added.)

“The strengthening of the economic, commercial and financial blockade imposed by the United States against Cuba and its extraterritorial implementation causes deprivations and continue to be the main obstacle to the economic and social development of the country.  This unjust policy, which has been rejected by the international community, violates the purposes and principles of the UN Charter and International Law and represents a flagrant, massive and systematic violation of the human rights of our people, thus qualifying as an act of genocide under the Convention for the Prevention and Punishment of the Crime of Genocide of 1948.” (Emphasis added.)

“We demand the return of the territory usurped by the US Naval Base in Guantánamo, where the United States maintains a detention camp in which serious human rights violations and acts of torture are committed.”(Emphasis added.)

“The political and media campaigns against Cuba, which distort our reality, intend to discredit our country and conceal Cuba’s undeniable human rights achievements.“ Emphasis added.)

We are opened to dialogue and will offer all the necessary information based on the respect and objectivity that should characterize this exercise, in which there should be no double standards or politically motivated manipulations, which we will not accept, because, as was expressed by the President of the Council of State and Ministers, Comrade Miguel Díaz-Canel Bermúdez on April 19, “there is no room for a transition that ignores or destroys the legacy of so many years of struggle.  In Cuba, by the decision of the people, there is only room for the continuity of that legacy with the Revolution and the founding generation, without giving up to pressures, without fear and setbacks, always defending our truths and reasons, without ever renouncing sovereignty and independence, development programs and our own dreams.” (Emphasis added.)

Other Countries Comments and Recommendations[3]

During the hearing a total of 339 recommendations, many of which are repetitious, were made. Many countries, especially those friendly with Cuba like Russia and China and developing countries, made no recommendations at all. Others were more critical: members of the European Union (EU), United States, Japan, Canada, but also Mexico, Peru, Costa Rica, Brazil, Chile and Uruguay. Gabriel Salvia, the General Director of the Center for the Opening and Development of Latin America, said, “It is a great step forward for more Latin American countries to point out the human rights situation in Cuba,”

Near the end of this section of the hearing, the U.S.’ 50-seconds were the sharpest against Cuba.[4] Michele Roulbet, the U.S. delegate, said:

  • “The April presidential transition again robbed the Cuban people of any real choice in shaping their country’s future; the same actors are in charge, many just with different titles, selected in a process that was neither free nor fair. The government stacked the system against independent candidates, none of whom were able to run for seats in the National Assembly, which selected the president.”
  • “The Cuban government continues to criminalize independent civil society and severely restricts the freedoms of expression, association, religion or belief and the right of peaceful assembly.  It routinely applies laws to silence journalists and critics, and punishes those working to expand access to information and freedom of expression for those in Cuba.”
  • In an “attempt to silence opposition voices, the government reportedly continues to use arbitrary and politically motivated detentions, torture, harassment, and travel prohibitions.  Recent examples of this include those who attempted to monitor the undemocratic presidential transition; those who have advocated for political change; and those who were prevented from participating in the 2018 Summit of the Americas in Lima and this UPR process.”

The U.S. then made the following three recommendations to Cuba: (1) “Reform its one-party system to allow for genuinely free and fair multi-party elections that provide citizens with real choices [regarding their government. “(2) “Cease the practice of arbitrarily detaining journalists, opposition members, and human rights defenders, including preemptively, and adopt a legal framework that ensures judicial independence.” (3) “Release arbitrarily detained or imprisoned individuals who were detained and imprisoned for peaceful assembly, investigate and report on government activity, or express political dissent, and allow them to travel freely both domestically and internationally.”

About midway through this section, Cuba responded to some of the criticisms. It denied the existence of political prisoners in Cuba, restrictions on the right to strike, or even the obstacles to travel freely, while insisting on the independence of the justice system. Cuban. Foreign Minister Bruno Rodríguez described the alleged dissidents and human rights activists as “agents of a foreign power,” a regular practice of the regime to attempt to discredit opponents.

Cuba’s Closing Comments[5]

Foreign Minister Rodriguez in his final statement at the hearing said, “It is regrettable that certain countries are continuing to manipulate the human rights question for political ends, to justify the embargo on Cuba and ‘regime change.’ hey have no moral authority and on the contrary are the perpetrators of extensive, well documented and unpunished violations of human rights; they ride roughshod over the aims of the Universal Periodic Examination and persist in selectivity, double standards and the politicization of human rights.” (Emphasis added.)

These practices, which in recent years have started to reemerge, discredited the [former U.N.] Commission on Human Rights and prompted its replacement by this Council. We will be on a retrograde path if we allow such deviant practices to be consolidated in the Council’s work. Respectful dialogue reflecting the principles of objectivity, impartiality and non-selectivity; and the respect for each people’s self-determination, its right to decide its own political, economic, social and cultural system, and its development model, are the cornerstone of international cooperation in this area.” (emphasis added.)

A small number of the recommendations have an interventionist character, contrary to the spirit of cooperation and respect on which this exercise is based. One of the recommendations is strange: it is the United States which is prohibiting its citizens from travelling to Cuba and restricts their freedom to travel; it is Washington which is denying Cubans, Cuban families, consular services and visa issue at its embassy in Havana.” [These recommendations will be rejected.] (Emphasis added.)

We are keeping to our “socialist and democratic revolution, with the humble and for the humble” proclaimed by Commander-In-Chief Fidel Castro and inspired by José Martí’s brotherly formula: “With everyone and for the benefit of everyone”.

U.S.-Cuba Subsequent Conflict Over Cuba’s UPR[6]

Immediately after the Geneva hearing, from the U.S. Mission to the U.N. in New York City,  U.S. Ambassador to the U.N., Nikki Haley, issued a statement. It said that the UPR process expects countries “to allow independent civil society organizations to fully and freely participate in their UPR process. However, the Cuban government blocked independent Cuban civil society members from traveling to Geneva to participate in their review process, just as they did last month when they blocked Cuban civil society members from traveling to Peru to participate in the Summit of the Americas.” (Emphasis added.)

Ambassador Haley added, “A country with a human rights record as abysmal as Cuba’s is no stranger to silencing its critics. But the Cuban government can’t silence the United States. We will continue to stand up for the Cuban people and get loud when the Cuban government deprives its people of their human rights and fundamental freedoms and robs them of free, fair, and competitive elections, denying them the opportunity to shape their country’s future.” (Emphasis added.)

Meanwhile the live webcast of the hearing was watched in Miami by some Cuban-Americans, who were gathered at the headquarters of the Cuban Democratic Directorate, whose website says, “Since its inception in 1990, the Cuban Democratic Directorate  has been characterized by a consistent and cohesive strategy for liberty and democracy in Cuba.” The Miami-based Foundation for Human Rights in Cuba, which was established in 1992 “to promote a nonviolent transition to a free and democratic Cuba with zero tolerance for human rights violations,” complained that Cuba had flooded the Office of the U.N. High Commissioner for Human Rights with letters sent by Communist Party organizations, the Cuban Women’s Federation and other organizations affiliated with the government that contained “absurd praise about the Cuban system.”

Remaining Steps in Cuba’s UPR[7]

Following the UPR hearing,  Cuba this September will submit a formal response to the recommendations, and the Working Group then will prepare a draft of the Outcomes Report. This report will provide a summary of the actual discussion, including the questions, comments and recommendations made by States to Cuba, as well as the responses by the Cuban Government.

Such outcome reports are not all that illuminating. For example, the one for Cuba’s prior review in 2013, which probably will be a lot like the one forthcoming for this latest review,[8] contains a summary of the hearing–presentation by Cuba (para. 5-26), interactive dialogue and responses by Cuba (paras. 27-169)—and a mere sequential listing of the repetitive recommendations made by the states at the hearing (paras. 170.1-170.291) although there also is an integrated more useful 45-page “thematic matrix of the recommendations.”

Another document from 2013 set forth Cuba’s views on these conclusions and recommendations and its voluntary commitments. It  listed many recommendations that “enjoy the support of the Government of Cuba;” others that have been noted by the Government; and the following 20 that  did “not enjoy the support of the Government:”

No. Country Recommendation
170.136 Belgium Adopt legislation to improve immigration & relations with Cuban diaspora
170.139 Belgium, Czech Repub., Slovenia Implement legal safeguards to protect human rights defenders, journalists, against abuse of provisions for criminal prosecution & release all political prisoners
179.162 Belgium Amend the Law of Criminal Procedure in order to avoid the cases of indefinite extension of the preliminary investigation
170.171 Romania, Estonia & Hungary Remove restrictions on freedom of expression notably concerning the connection to the Internet; Reconsider all laws that criminalize or restrict the right to freedom of expression & right of internet freedom; Lift restrictions on rights to freedom of expression that are not in accordance with the Universal Declaration of Human Rights; ensure affordable & unhindered access to the internet for all.
179.172 Spain Allow freedoms of expression, association &assembly; allow human rights associations to obtain legal status through inclusive and official registration
170.173 Switzerland Lift restrictions hindering free expression & ensure that human rights defenders & independent journalists are not victims of intimidations or arbitrary prosecutions & detentions
170.174 U.K. & Northern Ireland End measures to restrict freedom of expression & assembly including short-term detentions and use of criminal charges such as “precriminal social dangerousness”, “contempt” and “resistance”
170.175 Ireland Repeal legislation relating to so-called “pre-criminal social dangerousness”
170.176 U.S.A. Eliminate or cease enforcing laws impeding freedom of expression
170.177 France Guarantee freedom of expression & peaceful assembly plus free activity of human rights defenders, independent journalists & political opponents
170.179 Canada Take further measures to improve freedom of expression by allowing for independent media &  improving access to information through public access to internet by taking advantage of the recent investment in the fiber optic network
170.182 Austria Guarantee free, free & independent environment for journalists and ensure that all cases of attacks against them are investigated by independent & impartial bodies
170.183 Netherlands End repression, investigate acts of repudiation & protect all persons who are targets of intimidation or violence
170.184 Poland Liberate immediately & unconditionally all prisoners held in temporary detention or sentenced in connection with exercising their freedom of opinion & expression as well as freedom of assembly & association
170.187 U.S.A. Release Alan Gross and imprisoned journalists such as Jose Antonio Torres immediately. [Gross was released on 12/17/14]
170.188 Australia Stop limitations on civil society activities, including short-term detention of political activists
170,189 Germany Stop harassment, intimidation & arbitrary detention of human rights activities
179.190 Hungary Stop short-term detentions, harassments & other repressive measures against human rights defenders & journalists. Implement legal safeguards to ensure their protection against abuse of provisions for criminal prosecution
170.192 Australia Reduce government influence & control over internet as part of a broader commitment to freedom of expression
170.193 Germany End online censorship

 

The report finally has to be adopted at a plenary session of the Human Rights Council. During the plenary session, the State under review can reply to questions and issues that were not sufficiently addressed during the Working Group and respond to recommendations that were raised by States during the review. Time is also allotted to member and observer States who may wish to express their opinion on the outcome of the review and for stakeholders to make general comments.

Conclusion

After the final adoption of the Outcomes Report, the Council has no authority or power to compel Cuba to do anything. Instead, Cuba “has the primary responsibility to implement the recommendations contained in the final outcome.”

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[1] See these posts to dwkcommentaries.com: Cuba’s Human Rights Record Being Subjected to Universal Periodic Review by U.N. Human Rights Council (April 30, 2018); Advance Questions for Cuba’s Universal Periodic Review by the U.N. Human Rights Council (May 11, 2018).

[2] Cuba Foreign Ministry, Cuba will continue to build an ever freer, more democratic, just and fraternal society (May 16, 2018).

[3] ‘It is a great step forward for more Latin American countries to point out the human rights situation in Cuba,’ Diario de Cuba (May 16, 2018); Cuba Foreign Ministry, Cuba reiterates its commitment to cooperate with the UN human rights system (May 16, 2018); Havana warns that it will reject the recommendations of the UN with criticism of its ‘constitutional order,’ Diario de Cuba (May 18, 2018).

[4] U.S. Mission to U.N. (Geneva), U.S. Statement at the Universal Periodic Review of Cuba (May 16, 2018).

[5]  Cuba Foreign Ministry, Cuba reiterates its commitment to cooperate with the UN human rights system (May 18, 2018); Havana warns that it will reject the recommendations of the UN with criticism of its ‘constitutional order,’ Diario de Cuba (May 18, 2018).

[6] U.S. Mission to U.N., Press Release: Ambassador Haley on Cuba’s Human Rights Record (May 16, 2018).

[7] U.N. Hum. Rts. Council, Basic facts about the UPR.

[8] U.N. Hum. Rts.  Council, Report of the Working Group on the Universal Periodic Review: Cuba (July 8, 2013); U.N. Hum. Rts. Council, Report of the Working Group on the Universal Periodic Review: Cuba: Addendum: Views on conclusions and recommendations, voluntary commitments and replies presented by the State under review (Sept. 2013); U.N. Human Rts. Council, Matrix of recommendations.

 

Discussion About Cuba at the Washington Conference on the Americas

On May 8 the U.S. Department of State hosted the Americas Society’s Council of the Americas’ 48th Annual Washington Conference on the Americas with U.S. administration senior officials and distinguished leaders from across the Americas to focus on the major policy issues affecting the hemisphere..[1]

The speakers at this event were Acting Secretary of State John J. Sullivan; U.S. Ambassador to the U.N., Nikki Haley; U.S. Senators Marco Rubio (Rep., FL) and Benjamin Sasse (Rep., NE); other U.S. State Government officials (U.S. Treasury Undersecretary for International Affairs, David Malpass; U.S. Agriculture Undersecretary of Trade and Foreign Agricultural Affairs, Ted McKinney; U.S. Acting Assistant Secretary of State for Western Hemisphere Affairs, Francisco Palmieri) plus Brazilian Ministry of Finance Secretary for International Affairs Marcello Estevão; and International Finance Corporation Chief Executive Officer Philippe Le Houérou.

The bulk of the comments were directed at combatting corruption and at criticizing Venezuela and then at Nicaragua with only a few barbs at Cuba, as discussed below.

Acting Secretary Sullivan’s Remarks[2]

Acting Secretary Sullivan said, “Our engagement in the Americas, of course, is not a recent phenomenon. Since the birth of our republic, the United States has had strong relationships in the Western Hemisphere, bonds built on geography, shared values, and robust economic ties. We strive to coexist peacefully and to do so in a mutually beneficial way.”

The U.S. “Caribbean 2020 strategy is increasing private sector investment in the Caribbean, promoting Caribbean energy security, and building resilience to natural disasters. The Caribbean Basin Security Initiative seeks to enhance maritime interdictions, build institutions, counter corruption, and foster cooperation to protect our shared borders from the impact of transnational crime.”

“Threats to the hemisphere occur on a number of other complex fronts, requiring coordinated and sophisticated responses. Whether building capacity to counter cyber threats, supporting de-mining in Colombia, or combating trafficking in persons, the United States is committed to being the security partner of choice for the Americas in the years ahead.”

“The United States is the top trading partner for over half of the 34 countries in the Western Hemisphere. Annually, we trade $1.8 trillion in goods and services with the hemisphere, supporting millions of jobs and leading to an $8 billion surplus in goods and services in 2017.”

“Underpinning our economic engagement is respect for the rule of law and shared values. Corruption both undermines and corrodes the confidence our citizens have in democratic institutions.”

“Finally, we must keep working together to ensure that the people in this hemisphere can live according to democratic values. . . . While most of the region enjoys democratic rule, a few outliers – Cuba, Nicaragua, and Venezuela – continue to undermine the region’s shared vision for effective democratic governance as enshrined in the Inter-American Democratic Charter.” (Emphasis added.)

The United States remains committed to championing freedom and to standing with the people of Venezuela and Cuba in their struggle to achieve the liberty they deserve. . . . We look to our partners – including governments and civil society organizations – to join us in speaking up whenever and wherever the hemisphere’s shared democratic principles come under attack.” (Emphasis added.)

U.S. Ambassador Haley’s Remarks[3]

“I am here today because the Trump Administration places a high priority on the Western Hemisphere, its security, its prosperity, and its freedom. And we recognize that the United States must reassert our leadership in the hemisphere.”

“I have seen time and time again at the United Nations that when the United States fails to lead, we suffer, and the world suffers. This is even more true in our relationships with other nations. There is no substitute for strong U.S. leadership, based on our values of political and economic freedom and respect for human rights.”

“The prosperity of the United States is critically tied to the prosperity of the hemisphere. Our future is bound up with our neighbors.”

“Among other things, we are each other’s largest and best trading partners. The United States sells more goods and services to our neighbors in the Western Hemisphere than we do to China, Japan, and India combined. While a lot of attention is placed on issues of trade with China, we should keep in mind that we trade nearly three times as much with the Western Hemisphere as we do with China.”

“We are also dependent on each other for our security.”

“And the principle that ties it all together is something else the United States has in common with most of our neighbors in the hemisphere – a commitment to freedom. . . . The western hemisphere is increasingly dominated by countries that share our political and economic principles.”

“The great human rights activist Natan Sharansky had a test for evaluating the freedom of societies that he called the “Town Square Test.” According to Sharansky, if someone can walk into a town square and express his or her views without being arrested, thrown in prison, or beaten, then they lived in a free society. If not, they lived in what he called a ‘fear society.’”

“As we look across the Americas, it’s pretty easy to tell the free societies from the fear societies. It’s a testament to the people of Latin America – and the love of freedom and dignity that exists in the human heart – that most of the hemisphere is free.”

“Across Latin America, the good news is that these challenges are increasingly dealt with through a commitment to the rule of law and democratic institutions. The region is far from perfection, but the progress is unmistakable.”

The democratic process  “has exposed the rot at the core of the Nicaraguan government. Like his patron in Caracas and his mentors in Havana, the Ortega government has stayed in power by rigging elections, intimidating critics, and censoring the media.” (Emphasis added.)

The Cuban-Venezuelan-Nicaraguan model of socialism, dictatorship, corruption, and gross human rights violations has proved to be a complete and total failure. It has caused the suffering of millions of people. (Emphasis added.)

“We cannot allow the last, few surviving authoritarians to drag down the hemisphere. As neighbors, the United States and all the nations of Latin America are bound together on this journey.”

Senator Rubio’s Remarks[4]

Senator Rubio’s hostile opinions regarding the Cuban government are well known and appear to be a major factor behind the Trump Administration’s policies on Cuba. At this conference, Rubio was brief. He said, “What I care about in Cuba is political freedoms. The ability to have independent political parties, and a free press and to speak your mind, that’s what I support in Cuba.” (Emphasis added.)

About a week later, a Rubio complaint led the State Department to cancel a seminar, titled “Cuba under [Miguel] Díaz-Canel,” because it only was going to feature speakers who support normalization with Cuba. The scheduled speakers were Carlos Saladrigas, president of the Cuba Study Group; Marguerite Jimenez of the Washington Office on Latin America; American University professor William LeoGrande; and Philip Peters of the Cuba Research Center. LeoGrande and Peters also are advisers to Engage Cuba, a bipaartisan coalition which favors lifting the U.S. embargo.

Americas Society Background[5]

The Americas Society “Is the premier forum dedicated to education, debate, and dialogue in the Americas. Its mission is to foster an understanding of the contemporary political, social, and economic issues confronting Latin America, the Caribbean, and Canada, and to increase public awareness and appreciation of the diverse cultural heritage of the Americas and the importance of the inter-American relationship.”

Its Council of the Americas is “the premier international business organization whose members share a common commitment to economic and social development, open markets, the rule of law, and democracy throughout the Western Hemisphere. The Council’s membership consists of leading international companies representing a broad spectrum of sectors, including banking and finance, consulting services, consumer products, energy and mining, manufacturing, media, technology, and transportation.”

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[1] State Dep’t, Deputy Secretary Sullivan To Deliver Opening Keynote Remarks at the 48th Annual Washington Conference on the Americas (May 7, 2018); Council of the Americas, Washington Conference on the Americas.

[2] U.S. Embassy in Havana, Remarks at 48th Annual Washington Conference on the Americas (May 8, 2018).

[3] Americas Society. Remarks: U.S. Ambassador Nikki Haley to the 48th Annual Washington Conference (May 8, 2018).

[4]  Press Release, VIDEO: Rubio Delivers Remarks at Annual Washington Conference on the Americas (May 8, 2018); Torres, State Department postpones event on Cuba after Sen. Rubio protests, Miami Herald (May 17, 2018).

[5] Americas Society, About AS/COS .

 

Advance Questions for Cuba in Its Universal Periodic Review by the U.N. Human Rights Council

As summarized in a previous post, Cuba’s human rights record is now undergoing its third Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. That post also discussed Cuba’s national report, submissions by stakeholders (NGO’s and others), a summary of U.N. information about Cuba and information about a pre-session hearing. Now we look at the questions submitted to Cuba in advance of the Council’s hearing on May 16 and an unusual criticism of Cuba by the U.N. High Commissioner for Human Rights along with additional background information about the Council and the UPR.

Advance Questions for Cuba[1]

 The following advance questions were submitted by other Council members:

Member Questions
Belgium 1. When does the Cuban government plan to ratify human rights conventions to which it is not yet party?

2. Does Cuba plan to extend an open invitation to the special procedures of the Human Rights Council?

3. Will Cuba respond favorably to requests for visits by the Special Rapporteurs on Human Rights Defenders and Freedom of Expression, which have been pending since 2015 and 2016?

4. Does Cuba now guarantee access to independent lawyers to all persons deprived of their liberty?

5. What concrete actions has Cuba taken to release persons deprived of their liberty for political reasons.?

Brazil 1.How does Cuba guarantee the rights of the LGBTI?

2.How does Cuba ensure the independence and impartiality of the judiciary?

Germany 1.Does Cuba plan to ratify the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights?

2.What will Cuba do to enable independent journalism?

3.Identify blogs and websites currently blocked and the reasons for same.

4.Will Cuba abolish travel restrictions for persons on parole or for those in certain professions, including the medical sector?

5.Will Cuba establish an independent national human rights institution?

Liechtenstein 1.Will Cuba ratify the Rome Statute for the International Criminal Court in its 2010 version?

2.Will Cuba join the Code of Conduct for U.N. Security Council action against genocide, crimes against humanity or war crimes?

Malta 1.What steps has Cuba taken to increase the effectiveness of control by the people of the activities of States bodies, elected representatives and civil servants.?
Portugal 1.How does Cuba coordinate the implementation of UPR recommendations that it accepts?

2.How does Cuba coordinate the implementation of recommendations/observations by U.N. human-rights Treaty bodies and Special Procedures and by regional mechanisms?

Slovenia 1.Provide more information on how non-governmental organizations operate in Cuba and details on any consultation process with them.
Spain 1. Is Cuba reforming its Law on Associations and the Electoral Law to promote a higher level of inclusion and social participation?

2. Which multilateral instruments on Human Rights does Cuba plan to sign and/or ratify?

Sweden 1.Provide more information on Cuba’s prevention of trafficking in persons.

2.Provide more information on Cuba’s effort to improve internet access.

3.Has Cuba denied exit visas for human rights defenders and ndependent civil society members?

4.How will Cuba secure free and unrestricted travel for all of its citizens?

Switzerland 1.What did Cuba do to guarantee free and open participation of all citizens in its last election?

2.How many Cuban citizens were candidates in the election “without being a member of an officially recognized Cuban institution [e.g. Communist Party]?

3.Is Cuba broadening the list of legal private businesses (cuentapropistas)? Is Cuba reviewing the definition of cuentapropistas to include self-declared human rights organizations, independent journalists and bloggers and community-based organizations?

4.Will Cuba amend its constitution to eliminate the subordination of the Supreme court to the National Assembly and to the Council of Ministers?

5.How is the Cuban Criminal Code’s concept of “pre-criminal social dangerousness” interpreted?

6.How do families have transparent and open information about a family member who is a temporarily detained as an alleged criminal?

United Kingdom 1.Will Cuba allow the development of independent political parties, including their legal registration and participation in future elections?

2.How does Cuba ensure that all Cubans are able to participate fully in political and electoral processes?

3.Will Cuba end laws and policies that apparently give primacy to the principle of national unity?

4.Will Cuba move towards international independent verification of the condition of its prisons and detention facilities?

5.Will Cuba bring its laws into compliance with international human rights standards on freedom of expression, association and assembly?

U.S.A. 1. Will Cuba ensure that members of the political opposition, including independent candidates, can participate freely and without threats?

2. When will Cuba allow members of Ladies in White and all other citizens to exercise their rights to peaceful assembly and freedom of expression, religion and association?

3. How does Cuba ensure that those responsible for violations and abuses of human rights and labor rights (including members of the police, military and security services) are investigated and held responsible?

4. Will Cuba respect the rights of peaceful assembly and freedoms of assembly, expression and association of members of the Independent Union Association of Cuba and all other workers and representatives?

5. How is Cuba promoting access to information and access to an Internet that is open, interoperable, reliable,  secure and affordable to its citizens?

 

U.N. High Commissioner’s Criticism of Cuba[2]

At a May 11 press briefing, a spokeswoman for the U.N. High Commissioner for Human Rights released statements of concerns about human rights in Cuba and four other countries. Here is what was said about Cuba:

“There are deeply worrying reports that officials in Cuba have prevented a number of human rights defenders and civil society representatives from boarding flights to travel to meetings abroad on the pretext of requiring more detailed identity checks. These measures have resulted in passengers missing their flights and therefore the meetings, which in some cases were organised by a UN entity.”

“So far this year, the UN Human Rights Office has received direct information relating to 14 cases of Cubans being told by officials that the computer system required extra screening. We are also aware of reports that dozens of other people may have been stopped in this way from travelling, allegedly with no explanation by the Cuban authorities as to why they were held up nor on whose orders”

“These cases suggest that these additional checks are being used deliberately as a form of intimidation, pressure and harassment against certain individuals. Civil society organizations have also told us that they were informed verbally by the authorities that their representatives would not be allowed to leave the island before June.”

“We have previously expressed our concern at the harassment and intimidation of human rights defenders in Cuba, including the arbitrary arrest and short-term detention of individuals, particularly before, during and just after demonstrations. “

“We call on the Cuban authorities to respect everyone’s right to freedom of expression and to freedom of movement, and to ensure that human rights defenders and civil society representatives are not unjustifiably prevented from travelling, including those planning to attend UN meetings, in particular the Universal Periodic Review of Cuba on 16 May in Geneva.”

“Article 13 of the Universal Declaration of Human Rights states that, ‘everyone has the right to leave any country, including his own, and to return to his country.”’Article 19 of the Universal Declaration states that ‘everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’”

“The UN Secretary-General presents an annual report to the Human Rights Council on intimidation and reprisals, and in October 2016 the Assistant Secretary-General for Human Rights, Andrew Gilmour, was designated to lead the monitoring and response to reprisals for cooperation or intimidation, including that which aims to discourage or prevent future co-operation with the UN system. Cuba was among the countries named in the last two reports.”

“The UN Human Rights Office will continue to monitor such cases to ascertain whether they merit inclusion in the next report.”

U.N. Human Rights Council Membership[3]

The Council is made of 47 U.N. Member States, which are elected by the majority of members of the U.N. General Assembly through direct and secret ballot. The General Assembly takes into account the candidate States’ contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard.

The Council’s Members serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The seats are allocated on the following geographical basis:

  • African States: 13 seats
  • Asia-Pacific States: 13 seats
  • Latin American and Caribbean States: 8 seats
  • Western European and other States: 7 seats
  • Eastern European States: 6 seats

The current members include Cuba and the United States, both of whose terms expire on December 31, 2019, while Venezuela is also a member with its term expiring on December 31, 2018.

Council’s UPR Working Group for Cuba’s UPR[4]

The UPRs are conducted by the Council’s 47 members acting as an UPR Working Group. In addition, any other U.N. Member State can take part in the review.

Each State’s review is assisted by a groups of three States, known as a “troika,” who serve as rapporteurs. The selection of the troikas for each State is done through a drawing of lots following elections for the Council membership in the General Assembly

For Cuba’s third UPR the Troika members are Egypt, Nepal and Peru.

The May 16 hearing will last three and a half hours, during which the state under review is given 70 minutes to present its report, as well as answer questions made by other states and present concluding remarks. The remaining 140 minutes are allocated to states participating in the review to ask questions, make comments and recommendations to the state under review.

The second stage of the process will be take place during the Council’s 39th period of sessions in September 2018, at which time the final report will be presented by the Troika.

=================================

[1] U.N. Hum. Rts. Council, Advance Questions for Cuba (First Batch); U.N. Hum. Rts. Council, Advance Questions for Cuba (Second Batch); Hum. Rts. Council, Advance Questions for Cuba (Third Batch).

[2] U.N. High Comm. Hum. Rts., Press briefing note on Yemen, Cambodia, Cuba, Nicaragua and Montenegro (May 11, 2018); The UN denounces the blockade of the Cuban regime on the departure of human rights defenders, Diario de Cuba (May 11, 2018).

[3] U.N. Hum. Rts. Council, Background on Council Membership; U.N. Hum. Rts. Council, Current Council Members.

[4] U.N. Hum. Rts. Council, Basic facts about the UPR; U.N. Hum. Rts. Council, List of Troikas (20th Session).

 

 

 

 

 

Developments Regarding the Summit of the Americas 

Later this week the Summit of the Americans takes place in Lima, Peru. Interesting  developments regarding the Summit have taken place from the U.S. and Cuba.

U.S. Developments[1]

On April 10 President Trump cancelled his scheduled attendance at the Summit of the Americans in Peru. The stated reason was his need to attend to the new crisis in Syria: the Syrian regime chemical weapons attack on some of its citizens and President Trump’s announcement that the U.S. was considering a military response.

The New York Times reporter, Julie Davis, said, “Scrapping the trip spared Mr. Trump potentially unpleasant interactions with leaders of Latin American nations whose citizens have been insulted by his harsh language about their countries as sources of illegal immigration, criminal gangs and illicit narcotics. White House officials said Vice President Mike Pence would attend the summit meeting in the president’s place.

“Skipping the Summit of the Americas sends a terrible message about U.S. disengagement in our hemisphere, compounding negative message of Trump’s Cuba, NAFTA and immigration policies,” was the opinion of Benjamin J. Rhodes, who served as a deputy national security adviser in Mr. Obama’s White House and who was the principal negotiator of the U.S.’ opening to Cuba in December 2014.

A similar opinion was voiced by Richard E. Feinberg, a senior Latin America fellow at the Brookings Institution and professor at the University of California San Diego’s School of Global Policy and Strategy. He said, “Trump’s dropping out of the Lima summit is an appalling demonstration of disrespect for Latin America. “This has to be seen in the context of a president who has been ranting and railing against Latin America continually for the last several years. They’re his bête noire. They’re his scapegoat for everything that’s wrong in America, from immigration to narcotics to alleged loss of jobs from trade.”

A more nuanced opinion was offered by Christopher Sabatini, executive director of Global Americans, a group promoting better engagement in the region. He said,  “The truth is, given the level of discourse on trade, immigrants and intervention coming from this administration, not paying much attention to the region may be welcome by a number of governments as they search for their own alternatives. The question though is what it means for U.S. leadership, not just now but over the long term.”

The region’s leaders  seemed to be taking the U.S. decision in stride, reflecting some of the unease generated by Trump’s anti-immigrant rhetoric and growing economic self-confidence in a region long resentful of Washington’s dominance.

The U.S. State Department announced that Acting Secretary of State John J. Sullivan will accompany Vice President Mike Pence at the Summit, where the U.S. “will promote priorities of mutual interest to the region, including supporting democracy; addressing the political and humanitarian crisis and restoring democracy in Venezuela; stemming corruption and transnational crime, and promoting economic prosperity.” Sullivan will meet separately with leaders from Peru, Brazil, Haiti, Mexico, Bahamas, Barbados, Guyana, Jamaica, St. Lucia, El Salvador, Guatemala, and Honduras.

The State Department noted that Sullivan “will also engage with members of Cuban and Venezuelan independent civil society.” Apparently he will avoid meeting with Cuban President Raúl Castro.

In another release the Department said it had “received numerous, credible reports that the Cuban government prevented, and continues to prevent, members of independent civil society from traveling to Peru to participate in the Summit . . . .  Cuban authorities prevented these individuals’ travel through arbitrary stops at the airport, short-term detentions, and visits to individuals’ homes to warn them against trying to leave the island.”

The Department’s release further stated that the U.S. “condemns these actions. We call on the Cuban government to facilitate full, robust participation in the Summit by allowing the free and unrestricted travel of its citizens, a universal human right.” As a result, the U.S. “stands with the brave activists facing repression by the Cuban regime. We are working with the Government of Peru and civil society to promote a Summit that features open, inclusive dialogue with the full participation of independent civil society representatives from Cuba and the hemisphere.”

At the Press Briefing the same day, the Department said that on April 12 Sullivan would be meeting with “with Cuban NGOs and opposition leaders,” but there was no meeting scheduled with Castro.

Cuba Developments[2]

Cuba has an official delegation of people from its purported civil society, who already are in Peru to attend the alternative Peoples Summit that has been organized by Peru’s General Confederation of Workers (CGTP). Its leader said it would express “support for the Cuban Revolution and reaffirm the commitment to progressive and left governments of Latin America and the Caribbean currently being ‘sabotaged by imperialism.”’ On April 12 they have planned an anti-imperialist rally called “Trump out of Peru,” but with Trump not coming, they will have to have a different theme.

The official Cuba delegation of civil society has criticized “attempts by mercenaries and groups with links to terrorists to pass for supposed representatives of Cuban civil society.” The official delegation’s official statement expressed their desire “to contribute the experience of the Cuban Revolution that has, over almost 60 years, constructed a consensus in favor of our political, economic, and social system, forged through participative, socialist democracy, in which human beings constitutes the highest priority, and in which government is exercised by the people.”

These Cubans vandalized a Lima billboard that said in Spanish (here in English translation): “Cuba, enough of corruption, repression and impunity, stop human rights violations.”

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[1]  Davis, Trump Cancels Trip to Latin America, Citing Crisis in Syria, N.Y. Times (April 10, 2018); Assoc. Press, Latin America Takes Trump’s Forgoing of Summit in Stride, N.Y. Times (April 10, 2018); U.S. State Dep’t, Acting Secretary Sullivan Travel to Lima, Peru, To Participate in the Summit of the Americas (April 10, 2018); U.S. State Dep’t, On Cuba’s Restriction of Civil Society Participation in the Summit of the Americans (April 10, 2018); U.S. State Dep’t, Department Press Briefing-April 10, 2018.

[2] Gómez, People’s Summit kicks off in Lima, Granma (April 10, 2018); Statement from Cuban delegation to 8th Summit of the Americas parallel forums, Granma (April 9, 2018); ‘Shock troops’ of the Cuban regime in Lima vandalize the fences that denounced the repression, diario de Cuba (April 11, 2018); “CUBA in #Cumbre”, Cuba Debate.

 

World Faces Demographic Challenges

“The world has made spectacular progress in every single measure of human well-being,” is the cheery synopsis of the new book, “Enlightenment NOW: The Case for Reason, Science, Humanism, and Progress “ (p. 52)  by Harvard University’s Johnston Family Professor of Psychology, Steven Pinker.

Important aspects of this “spectacular progress,” he says, are world-wide increasing life expectancy, declining maternal mortality and declining birth rates (pp. 53-57, 125-26, 273).

Unless I missed it in the 453-page book, however, Pinker does not grapple with the problems created by lower birth rates coupled with longer life spans. Examples of such problems are seen in Iowa and Minnesota in the U.S. and Brazil, Japan and Cuba.

Iowa [1]

For the Wall Street Journal, Iowa is an example of “a problem playing out in many parts of the Midwest, a region with lower unemployment and higher job-opening rates than the rest of the country. Employers, especially in more rural areas, are finding that there are just too few workers.” In fact, if “every unemployed person in the Midwest was placed into an open job, there would still be more than 180,000 unfilled positions, according to the most recent Labor Department data. The 12-state region is the only area of the country where job openings outnumber out-of-work job seekers.”

This problem is associated with low birth rate coupled with and an outflow of people. A net 1.3 million people living in the Midwest in 2010 had left by the middle of last year, according to census data. The area also attracts fewer immigrants than the rest of the country.”

Minnesota [2]

A similar problem exists in Minnesota. Last month, its unemployment rate dropped to 3.2%, compared with 4.1% nationally. This has made it difficult for “manufacturers, construction firms and repair-service firms to fill job vacancies and replace departing retirees try to meet the need for more employees, some firms, “employer associations and cooperating unions are working jointly to expand the labor pool.”

For the tech sector of the economy, last year Minnesota added 3,500 jobs, up 1.4% to 250,000 and constituting around 8% of the state’s total work force. And there is demand for even more such workers.

Minnesota’s need for immigrants is especially pronounced in the assisted-care industry. In late March the Trump Administration announced that it was ending, effective March 31, 2019, the Deferred Enforcement Departure program for certain Liberians in the U.S. One of the largest communities of Liberians lives in Minnesota and at least 1,000  are members of a local union that provides workers for assisted-care facilities.

Brazil[3]

“Retirement outlays already eat up 43% of Brazil’s national budget, and health care about 7%, while two expenditures that are critical to economic development—education and infrastructure—claim only about 3% each.” Its “social security system’s revenue shortfall widens each year as the worker-to-pensioner ratio shrinks.” This problem is exasperated by decisions last century to grant pensions to millions of peasants and informal workers who hadn’t paid [into the pension system]. . . . Rural workers paid about $3 billion in social-security taxes for the 12 months through September 2017, while rural retirees drew about $36 billion in benefits.”

The solutions are obvious. “They can raise the minimum retirement age, increase the number of years that workers must pay into the system, or reduce payouts. The bad news is that such measures tend to repel voters.”

Other Countries[4]

Brazil is not alone.

Japan has a very low birth rate, very high life expectancy and very low immigration. As a result, it has an aging, declining population, which should lead to declining economic and political importance in the world.

Cuba has the same sort of problems. It has a declining birth rate associated with readily available abortion services, longer life-spans associated with good health care and many younger people leaving the island to find greater economic opportunities elsewhere.

 More generally, “throughout Latin America and Asia, decades of falling birth rates and growing life expectancies have produced more retirees with fewer workers to underwrite their care. For government policy makers, this means challenges as burgeoning pension and health costs leave less money for economic development.”

“The United Nations projects that by 2050, the number of potential workers per retiree in upper-middle-income developing countries such as Brazil will tumble from the 2015 figure of seven to just 2.5.”

“Credit-rating firms are getting anxious. Standard & Poors estimates that unless there are major changes to publicly funded pension and health-care systems, population aging will help drive net government debt in the biggest emerging economies to extraordinary levels—307% of gross domestic product in Brazil, 274% in China, 262% in Russia and 341% in Saudi Arabia by 2050.”

Conclusion

The U.S. now has a fertility rate below the replacement rate. It, therefore, needs foreign immigrants to sustain population growth, especially in the rural parts of states like Iowa and Minnesota.[5]

Such immigration also would provide workers to pay into the Social Security trust fund and thereby help to finance the increasing number of older Americans who now draw benefits from that fund and who face rising costs of medical care.

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[1] Raice & Morath, Iowa’s Employment Problem: Too Many Jobs, Not  Enough People, W.S.J. (Apr. 1, 2018).

[2] St. Anthony, Horizon Roofing lures workers with higher pay, training, as industry embraces apprenticeships, StarTrib. (Mar. 25, 2018); St. Anthony, Twin Cities tech employment grew 1.6 percent last year, but many jobs go unfilled, StarTrib. (April. 2, 2018); Trump to end deportation protection for Liberians, StarTrib (Mar. 27, 2018); Koumpilova, Local Liberians rally to salvage deportation protection program, StarTrib (Mar. 16, 2018);Koumpilova, Trump administration announces end of deportation reprieve for Liberians in Minnesota, elsewhere, StarTrib (Mar. 28, 2018).

[3] Kiernan & Magalhaes, These Developing Countries Are Getting Old Before They Get Rich, with Dire Consequences, W.S.J. (Apr. 2, 2018).

[4] See n.3 supra; these posts to dwkcommentaries: The Importance of a Growing U.S. Population, dwkcommentaries.com (Mar. 27, 2017); Projected Cuban Population: Stabilizing and Aging (Sept. 6, 2016); Cuba Addresses Its Declining and Aging Population (Oct. 17, 2016); Cuba Faces Economic Challenges (Dec. 14, 2016); Comment: Cuba’s Economic and Political Challenges for 2017Comment: Cuban Government’s Bleak Economic Assessment for Cuba (Dec. 28, 2017); Economic Problems Bedevil Cuban government and President Raúl Castro (Mar. 23, 2017); Comment: Elderly Cubans Unable To Retire (Mar. 26, 2017); Cubans Want Economic Growth and Opportunity (Mar. 22, 2017).

[5] The Importance of a Growing U.S. Population, dwkcommentaries.com (Mar. 27, 2017).

 

Upcoming Cuba Issues for Trump Administration

On April 13-14, President Donald Trump will attend the Summit of the Americas in Lima, Peru, and on April 19 Cuba’s national legislature will elect a new President of the Council of State to succeed Raúl Castro. Both of these events will require Trump to comment on U.S. policies regarding Cuba, and already U.S. forces are proposing responses.

 Summit of the Americas

Because of U.S. opposition, Cuba was not included in the first six such summits, 1994-2012, but in October 2014, the major countries of Latin America let it be known that Cuba no longer could be excluded from the next summit in April 2015. Therefore, when President Obama on December 17, 2014, announced that the U.S. and Cuba had agreed to commence a process of normalization, the U.S. abandoned its opposition to the inclusion of Cuba in such Summits. As a result, in April 2015 Cuba was included in the seventh such summit in Panama and Presidents Obama and Raúl Castro held a cordial meeting on that occasion.[1]

This year will be the eighth such summit, which are institutionalized gatherings of the heads of state and government of the Western Hemisphere where leaders discuss common policy issues, affirm shared values and commit to concerted actions at the national and regional level to address continuing and new challenges faced in the Americas. This year’s theme is Democratic Governance Against Corruption.[2]

On March 9, the White House announced that President Trump will attend the eighth Summit, where he likely will be met by hostile reactions to his Cuba policies as well as his anti-immigrant statements, proposal to build a wall on the Mexican border and tariff and other anti-free trade proposals and rhetoric.[3]

According to Ben Raderstorf, a program associate in the Inter-American Dialogue’s Peter D. Bell Rule of Law program, President Trump “comes to the summit meeting with considerable baggage, making the risks far greater. His participation may even end up being counterproductive to the meeting’s primary aims of furthering human rights, democracy and inter-American diplomacy.” Therefore, he and his administration need “to understand that America’s credibility in Latin America is extraordinarily low. [Mr. Trump’s] rhetoric about ‘drugs,’ ‘rapists’ and ‘the wall” ‘has clearly resonated south of the border.” As a result, only “16 percent of Latin Americans approve of Mr. Trump’s job performance — a rate even lower than his approval rating among Latinos in the United States.”[4]

Mr. Raderstorf concludes by recommending that Trump “follow three simple guidelines: Listen first. Talk softly. And do your homework.” Will Trump be able to do that? We may be doubtful, but let us wait and find out.

This analysis is confirmed by other countries in the Western Hemisphere having begun “forging closer commercial ties with one another and paring back some of their own protectionist policies” and creating “a free trade area reaching from Canada to Chile.” At the same time these governments “are increasingly looking to Asia, and China in particular, to expand trade, obtain loans and finance infrastructure projects” while “Mercosur — the trade bloc that includes Brazil, Argentina, Uruguay and Paraguay — have jump-started trade negotiations with the European Union.”[5]

Election of New President of Cuba

On March 11, over 8 million Cubans voted to elect 605 deputies for their national legislature (National Assembly of Peoples Power), and on April 19 those deputies will elected the country’s next President of the Council of State to succeed Raúl Castro. The widely assumed choice for this office is Miguel Diaz-Canel, who is now the First Vice President of Cuba.[6]

On March 9, Senator Marco Rubio (Rep., FL) and five Florida Republican U.S. Representatives (Ron DeSantis, Carlos Curbelo, Mario Diaz-Balart, Ileana Ros-Lehtinen and Ted Yoho) sent a letter to President Trump urging him to “denounce Castro’s successor as illegitimate in the absence of free, fair, and multiparty elections, and call upon the international community to support the right of the Cuban people to decide their future.”[7]

The letter added, this upcoming election is “a predetermined, charade election orchestrated by regime officials will continue the dictatorship” and “yet another example of the regime’s dictatorial repression of fundamental freedoms which must not be recognized by those who value freedom and democracy.”

The U.S. response to this request by Senator Rubio and others may have been signaled by the comments of the U.S. representative last week at the U.N. Human Rights Council in Geneva Switzerland that were quoted in a prior post: “We condemn the undemocratic electoral process in which the Cuban people cannot freely choose their future leaders.”

Conclusion

Any U.S. criticism of the Cuban process for electing its president of the Council of State seems particularly inappropriate. As we well know from the 2016 U.S. presidential election, U.S. citizens do not directly elect the U.S. president; instead they elect individuals to be members of the Electoral College who then elect the president. The 2016 election also is now under investigation for illegal interference by Russia, and the U.S. system is under constant legal challenge for the gerrymandering of congressional districts and for state laws that are designed to suppress voting instead of their purported purpose of preventing fraudulent voting.

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[1] See the following posts to dwkcommentaries.com: Continued Bad News About U.S. Policies Regarding Cuba (Oct. 9, 2014); Comment: U.S. Now Willing To Accept Cuba at Summit of the Americas? (Oct. 9, 2014); U.S. Clarifies Positions on Cuba and Venezuela in Preparation for Summit of the Americas (April 8, 2015); Seventh Summit of the Americas Is Underway in Panama (April 9, 2015); President Obama’s Major Speech at the Summit of the Americas (April 16, 2015); Cuban President Raúl Castro’s Major Speech at the Summit of the Americas (April 17, 2015); Presidents Obama and Castro’s Meeting at the Summit of the Americas (April 18, 2015); Other Remarks by President Obama at the Seventh Summit of the Americas (April 19, 2015).

[2] OAS, Summits of the Americas.

[3] Assoc. Press, Trump to Attend Summit of the Americas Meeting in Peru, N.Y. Times (Mar. 9, 2018).

[4] Raderstorf, Can Trump Succeed at the Summit of the Americas?, N.Y. Times (Mar. 16, 2018).

[5] Londoño, Darlington & Politi, ‘World Upside Down’: As Trump Pushes Tariffs, Latin America Links Up, N.Y. Times (Mar. 18, 2018).

[6] Reinaldo, Rubio & Perez, Elections in Cuba: Elected 605 deputies to the National Assembly (+Infographics and Video), CubaDebate (Mar. 12, 2018); Cuba’s Elections, 2017-2018, dwkcommentaries.com (Nov. 29, 2017); Another Perspective on Cuba’s Current Elections, dwkcommentaries.com (Dec. 5, 2017).

[7] Press Release, Rubio, DeSantis Urge President Trump to Denounce Castro Successor (Mar. 9, 2018).