U.S. State Department Unjustly Continues To Allege That Cuba’s Foreign Medical Missions Engage in Forced Labor 

As noted in a prior post, the U.S. State Department on June 27, 2017, issued its annual report on human trafficking, and Its discussion of Cuba (pp. 143-45) included the allegation that Cuba had engaged in illegal forced labor with its foreign medical mission program.

This allegation has been present in previous annual reports, some of which have been discussed in other posts.[1]

Report Regarding Cuba’s Alleged Forced Labor in Its Foreign Medical Missions

The latest report observes, presumably correctly, that the Cuban penal code does not criminalize forced labor. Therefore, the report, also presumably correctly, states that Cuba “did not make efforts to identify or protect victims of forced labor” and  “did not report having procedures to identify victims of forced labor.”

In addition, the report says, presumably correctly, “The government is the primary employer in the Cuban economy, including in foreign medical missions that employ more than 84,000 workers in more than 67 countries, including Bolivia, Brazil, Colombia, and Venezuela. These medical missions constitute a signficant source of Cuban government income.”

Implicitly conceding that there was conflicting evidence, this report said, “Some participants in foreign medical missions as well as other [unnamed] sources allege that Cuban officials force or coerce participation in the program; the [Cuban] government has stated the postings are voluntary, and some participants also have stated the postings are voluntary and well paid compared to jobs within Cuba.” (Emphases added.)

This report continued, “The Cuban government acknowledges that it withholds passports of overseas medical personnel in Venezuela due to security concerns; the government provided ID cards to such personnel in place of passports. There are also claims about substandard working and living conditions in some countries. In the past, there have been claims that Cuban authorities coerced participants to remain in the program, including by allegedly withholding their passports, restricting their movement, using “minders” to monitor participants outside of work, or threatening to revoke their medical licenses or retaliate against their family members in Cuba if participants leave the program.“ (Emphasis added.)

“In 2015, Cuba reinstituted restrictions on travel for specialized doctors and some medical personnel, requiring them to obtain an exit permit from their superiors before leaving the country. On September 9, 2015, the government agreed to reinstate medical personnel who had left their positions while abroad. As of April 1, 2016, the Cuban authorities claimed that 274 medical professionals who returned to Cuba and were rehired at the same salary and level of responsibility they had before leaving. More recent data was not available.”

This report, consistent with prior reports, alleges or assumes that Cuba is engaged in illegal forced labor of Cuban medical personnel in foreign medical missions and that Cuba does not recognize forced labor as a possible issue affecting its nationals in medical missions abroad.

Analysis of the Allegation

This U.S. allegation is flawed for at least the following seven reasons.

First, while previous reports admitted that “information on the scope of . . . forced labor in Cuba is limited,” the latest report admits there is conflicting evidence about whether medical personnel’s participation in the foreign mission program is coerced and that the Cuban government denies such illegal coercion.

Second, most of this report’s recitation of alleged facts about the foreign mission program do not relate to, or substantiate, the forced labor allegation.

Third, “Internationalist medical aid has been a longstanding part of the Cuban people’s tradition of solidarity, since the beginning of the Revolution. As early as 1960 a brigade was sent to Chile following an earthquake there, and to Algeria in 1963, to support the new country recently liberated from colonialism.” At least four Cuban doctors who have participated in such missions have recorded how they treasure the positive impact of those experiences on their professional and personal lives.[2]

Fourth, the accusation of forced labor for such participants has been rejected in a detailed study by Indiana State University’s Emeritus Professor of International Politics and Latin America, Dr. H. Michael Erisman.  He says, although there may be “some cases where . . . [Cuban medical professionals] are pressured into accepting overseas assignments, . . . most evidence indicates that the overwhelming majority are motivated by philosophical and/or pragmatic considerations. In the first instance, one needs to understand that the Cuban medical profession . . . is permeated by norms which stress self-sacrifice and service to the community, both at home and abroad. At the core of this ethos is the principle, which is firmly entrenched in the curriculum of the island’s medical schools and reinforced throughout one’s career, that health care should not be seen as a business driven by a profit motive, but rather as a human right that medical personnel have an unconditional duty to protect. Such convictions often underlie participation in the medical aid brigades. There are, however, also some pragmatic factors that can come into play. Overseas service could . . . help to further one’s professional aspirations and for some assignments the total remuneration involved is more generous than what is available back in Cuba. . . . [T]hese are the considerations which apply to the vast majority of people” in such programs, not involuntary servitude.[3]

Fifth, relevant to this issue, but not mentioned in the Report, is the fact that medical education in Cuba (at the Latin American School of Medicine) is free. As a result requiring medical graduates to pay the country back by such participation seems entirely appropriate and may indeed be a contractual or quasi-contractual obligation. The recent $67 monthly salary for Cuban physicians in Cuba compared with the $24 or $27 monthly income of other Cubans is a result of Cuba’s adoption of a “pyramid” compensation system whereby highly trained workers like physicians earn more than lower-skilled workers like busboys. This system, however, is being undermined by lower-skilled workers like gas-station attendants and waiters earning additional income from stealing and illegally selling gasoline and from earning tips in hard currency at restaurants and hotels serving foreign tourists. Indeed, Raúl Castro in his speech at the April 2016 Congress of the Communist Party of Cuba called this the “inverted pyramid” problem that had to be solved.[4]

Sixth, this Report and its predecessors do not cite to the relevant international legal definition of “forced labor” to assess this claim or set forth any legal analysis purportedly supporting the allegation. This is not surprising as international law does not support this allegation.

Most pertinent is the Forced Labour Convention, 1930, which Cuba and 177 other state members of the International Labour Organization have ratified (as of 2016). The U.S., however, has not so ratified, yet another reason why the U.S. charge is inapt.

This treaty’s  Article 2(1) preliminarily defines  “forced or compulsory labour” as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily,” But there are five exceptions to this definition set forth in the treaty’s Article 2(2). One such exception, in subsection (b), states  ”the term forced or compulsory labour shall not include . . .  any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country.” (Emphases added.)[5]

Cuba clearly is a “fully self-governing country” and the participants in the foreign medical missions are Cuban “citizens,” and as previously stated, such participation is regarded as “part of the normal civic obligations” of such citizens with the appropriate medical qualifications. Thus, under the most relevant statement of international law, Cuba has not engaged in illegal forced labor with respect to the foreign medical missions.

Seventh, there has not been any fair adjudicative process that has determined that such illegal coercion exists.

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[1] Relevant posts to dwkcommentaries.com: U.S. Upgrades Cuba in State Department’s Annual Report on Human Trafficking (Aug, 7, 2015); U.S. Reasserts Upgrade of Cuba in Annual Human Trafficking Report (July 2, 2016); U.S. Senate Hearing on on 2016 Trafficking in Persons Report (July 20, 2016).

[2]  Ledn, Cuban doctors share their experiences in internationalist missions, Granma (Nov. 26, 2015).

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

[4] Raul Castro Discusses Socio-Economic Issues in Report to Seventh Congress of Communist Party of Cuba, dwkcommentaries.com (April 19, 2016).

[5] This and other parts of the definition of “forced or compulsory labour” were reaffirmed in Article 1(3) of the Protocol of 2014 to the Forced Labour Convention, 1930.

Reducing Adverse Impact on Cuban Entrepreneurs of Trump’s Partial Ban on U.S. Person-to-Person Travel to Cuba   

As described in a prior post, on June 16 President Donald Trump announced a ban on U.S. citizens going to Cuba on individual person-to-person travel to be effective upon future adoption of regulations and instead requiring such travel to be only in organized groups. Another post then reviewed the anticipated adverse impact of this change upon Cuba’s emerging private enterprise sector (b&bs, restaurants, taxis, tour guides and others) by forcing visiting Americans to travel in buses and hotels owned by the Cuban government (including its military and security forces), which presumably will be banned by future regulations implementing another Trump policy change.

That is still the assessment of the anticipated impact[1] and, therefore, why this blogger advocates the prompt congressional passage of bills granting Americans the freedom to travel to Cuba as discussed in another post.

Indeed, the Associated Press confirms this view with reports of recent cancellations of reservations at b&bs in Havana and Trinidad, a colonial city on the south coast of the island, and by a prospective American traveler for this very reason. “Tour operators ‘should be opening Champagne’ because of the new policy, said John Caulfield, former chief of mission of the U.S. Interests Section in Havana and co-founder of the nonprofit Innovadores Foundation, which seeds innovation in Cuba.”[2]

The Associated Press, however, reports ways for Cuban entrepreneurs to reduce this adverse impact on their business with American travelers. Some small bed-and-breakfast owners plan to create informal associations of neighboring businesses so they can accommodate larger American groups. And at least some tour operators say they already use privately owned villas, casas and eateries, and engage with local guides, entrepreneurs and artists. And presumably the future U.S. regulations banning U.S. businesses from dealing with Cuban businesses owned or controlled by the Cuban military or security services will prohibit tour operators from having their travelers staying in hotels so owned or controlled and instead booking accommodations at privately owned enterprises.

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[1] Kunović, Five things you need to know about Trump’s Cuba policy—and who it will hurt, Wash. Post (June 22, 2017).

[2] Assoc. Press, New Trump Rules on Cuba Travel Leaves Winners and Losers, N.Y. Times (June 27, 2017).

 

 

 

 

Cuban Council of Churches’ Statement Regarding President Trump’s Announced Changes to U.S.-Cuba Policy

Cuban Council of Churches

On June 16, the Council of Churches of Cuba [1] issued the following statement regarding President Trump’s just announced changes in U.S. policies with respect to Cuba.

“With the re-establishment of diplomatic relations between Cuba and the United States [in 2015], a new era was established with the new policies of the Obama administration. This had been the dream and struggle of many people as well as churches and religions on both sides.”

“A [new] path of respect and dialogue [between the two countries] showed hope to the world that from civilized relationships bridges could be built and walls torn down. [This process was started with agreements that resulted] from work over many years and several generations [that] had and have the wide support of the community of believers at national and global levels.”

“Today, June 16, President Donald Trump has announced another policy that involves a setback in a path that, although fragile, established safe steps in a strategy of coexistence where everyone could benefit and promised a future of peace and understanding: not only between the two countries but for the whole region.”

“This [new] policy, like others of this administration, does not reflect the wishes of the American people, whose visits to the Caribbean nation soared in 2016, expressing and confirming their desire to interact with the island.”

“Cubans and Americans can do much for our region and for our humanity. Laws or resolutions that prevent the interactions that are the will of the people are not logical. We must not, nor can we, renounce the Divine will that these two nations mutually benefit from their religious, cultural, educational, sporting, scientific and enrichment exchanges.”

“This [new] policy denotes a lack of information and knowledge about the Cuban reality, our history, the sovereignty and the rights of this people and the people of the United States. It is decontextualized in the time that we live today. We are, rather, presented with a monologue that should have no part in the 21st century, when humanity calls for dialogue and search for civilized solutions. We live in the era of dialogue, in the search and construction of peace without which humanity will not be able to survive.”

“We know and we are sure that this is not the will of the American people or their churches and religions, who have always advocated peace, dialogue and normalization of relationships. We also know that it is their will the embargo be removed, as has been expressed by nations year after year in multiple ballots of the United Nations.”

“We are members of the World Council of Churches, the Joint Alliance of Churches, the Latin American Council of Churches, brothers of the United States National Council of Churches and the World Service of Churches. [We also are] brothers and fellow missionaries of many denominations, foundations, agencies, councils in the United States and throughout the world, which is of God. We are sure that together with our prayers and actions we will continue to break down walls and lift the bridges in our pilgrimage for justice, peace and love.”

“May the Incarnate, Risen and Glorified Christ pour out and shower His grace upon Cuba, the United States and all the people of our lands, filling us with His blessing and His manifestation to all, guiding us along the paths of dialogue, justice, of love and peace.”

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[1] “Since its foundation in 1941, the Council has proclaimed unity for the service of our people and nation, through the search for love, justice and peace among all peoples and nations, which are the most evident evangelical signs of the reign of God among us.” Today “the Council is the lead institution of the Cuban ecumenical movement, composed of 51 churches and Christian institutions—Protestants, Reformed, Evangelical, Pentecostal, Episcopal and Orthodox—as well as Jews, Yogas and centers of study, information, community service and theological seminaries.” The Council’s current president and the signatory for this statement is Rev. Joel Ortega Dopico of the Presbyterian-Reformed Church of Cuba. The English translation of the original Spanish of the statement is provided by Jack Kern, an Elder at Covenant Presbyterian Church of Austin, Texas, which has a partnership with the Presbyterian Reformed Church of Cuba in the Luyanó neighborhood of Havana; he has made 24 trips to Cuba starting in 1998 and plans to return later this year.

 

 

Senator and Congressman Urge Increased U.S. Agricultural Exports to Cuba

Arkansas’ U.S. Senator John Boozman and Congressman Rick Crawford make a forceful argument in the Wall Street Journal for increased U.S. agricultural exports to Cuba.[1] Here is what they stated.

“U.S. agriculture is struggling. Net farm income has fallen by half since 2013, and commodity prices across the board are below the cost of production. This is especially detrimental given the number of jobs agriculture provides our economy. Direct on-farm employment accounted for 2.6 million American jobs in 2015, and another 18.4 million jobs were supported by agriculture, according to the U.S. Department of Agriculture.”

“The U.S. should consider expanding the agricultural market in its backyard: Cuba. Less than 100 miles south of Florida, Cuba imports nearly 80% of its food annually, from countries like Vietnam and New Zealand, including about 400,000 tons of rice. But being closer to Cuba geographically, the U.S. has the comparative advantage here and could provide cheaper, better-quality goods in hours instead of weeks.”

“But the Trump administration may be taking a step in the opposite direction. For the past several months, the White House has been reviewing its trade policy with Cuba, and a major announcement is expected Friday. Early reports foretell a rollback of Obama-era policies that relaxed U.S. restrictions on the island nation. While the move may appease Cold War-era hawks and the minority of Cuban-Americans who still support the embargo, the American business community, agriculture in particular, needs access to Cuba’s market.”

“There is a better way forward that satisfies both parties without repealing the embargo or changing its structure: allow agricultural goods to be sold on credit through private financing. Currently the U.S. trades agricultural goods with Cuba, but there are restrictions that limit trade to cash-only transactions. Considering that nearly all international trade relies on credit, this policy puts American farmers on the sidelines while competitors like Brazil and China enjoy Cuba’s $2.4 billion market.”

“Two bills under consideration right now, the Cuba Agricultural Exports Act in the House and the Agricultural Export Expansion Act in the Senate, would remove the credit restriction and allow private financing of agricultural exports.[2] President Trump’s secretary of agriculture, Sonny Perdue, expressed his support for trade on credit with Cuba during his Senate confirmation hearing in March. Producers from Arkansas, Kansas, Louisiana, Minnesota, Texas and other states would be the first to benefit directly from this change.”

“If there ever was a time for this bill to move, it is now. Agriculture is a crucial part of rural states’ economies. The most important thing that can be done now for American agriculture is to open new markets for U.S. products.”

“Following Fidel Castro’s death in November, President-elect Trump said, ‘Our administration will do all it can to ensure the Cuban people can finally begin their journey toward prosperity and liberty.’ He also has promised time and again to bring back American jobs and ‘make America great again.’”

“Allowing agricultural trade on credit would be a good compromise: Those who support the Cuba embargo should be able to get on board. The Trump administration would accomplish a bilateral trade deal that supplies the Cuban people with high-quality food. And all of this can be done while supporting rural American jobs—an undeniable victory for the Trump White House.”

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[1] Boozman & Crawford, Open Cuba’s Market to U.S. Farmers, W.S.J. (June 13, 2017).

[2] Congressman Crawford is the author of H.R.525—Cuba Agricultural Exports Act. Senator Boozman is a cosponsor of Senator Heidi Heitkamp’s bill: S.275—Agricultural Export Expansion act of 2017; Press Release: Boozman, Heitkamp Reintroduce Bipartisan Bill to Expand Ag Exports to Cuba, Support American Farmers & Jobs (Feb. 2, 2017).

 

U.N. Security Council Orders More Negotiations About the Western Sahara Conflict

Disputes over the Western Sahara, a former Spanish colony, have followed its 1975 annexation by Morocco in opposition to competing claims by the Polisario Front. In 1991 the U.N. brokered a cease-fire and established a peacekeeping monitoring mission and to help prepare a referendum on the territory’s future that has never taken place. So far the parties have been unable to agree upon how to decide on self-determination. Morocco wants an autonomy plan under Moroccan sovereignty while Polisario wants a U.N.-backed referendum including on the question of independence. Below is a map of the Western Sahara.

Western_sahara_map_showing_morocco_and_polisaro.gif

On April 28, 2017, the U.N. Security Council unanimously adopted Resolution 2351 extending the mandate of the U.N. Mission for the Referendum in Western Sahara (MINURSO) until 30 April 2018 and calling on the parties to that conflict to resume negotiations under the auspices of the Secretary-General without preconditions and in good faith, in order to facilitate a just, lasting and mutually acceptable political solution.[1]

Other provisions of the resolution called on the parties to cooperate fully with the operations of MINURSO, to take the necessary steps to ensure unhindered movement for U.N. and associated personnel in carrying out their mandate, to demonstrate the political will to work in an atmosphere propitious for dialogue in order to resume negotiations, to implement the relevant Security Council resolutions, to resume cooperation with the Office of the U.N. High Commissioner for Refugees, to ensure that the humanitarian needs of refugees were adequately addressed.  It also supported an increase in the ratio of medical personnel within the current uniformed authorization, as requested in the Secretary-General’s most recent report to address MINURSO’s severely overstretched medical capacity. Yet another part of the resolution noted that both sides had withdrawn troops from the Guerguerat area of the territory, a vast swath of desert bordering the Atlantic Ocean that has been contested since 1975.

In support of the resolution, U.S. Deputy Permanent Representative to the United Nations, Ambassador Michele Sisson, emphasized hat peacekeeping missions should support political solutions, said that postponing the [referendum] had been the key to allowing MINURSO to close out the 2016 chapter in the territory.  The U.S. was pleased with the mandate renewal, which helped in returning the Council’s attention where it belonged — supporting a political process to resolve the situation on the ground.  Emphasizing that the situation must change, she said the Council must look at the “big picture” in Western Sahara, including the absence of any political process for many years, she said.  The resolution demonstrated the importance of the parties working with the U.N. to return to the table.  The Mission must be able to hire the right staff in order to be as effective as possible, and to adjust components that were not working, as well as they should.  The U.S. would watch closely to see what happened on the ground, she said.

Also speaking in support of the resolution were the other Security Council members: Uruguay, Sweden, Senegal, Ethiopia, China, France, United Kingdom, Italy, Bolivia, Japan, Ukraine and the Russian Federation.

Although the resolution was passed unanimously, France, a permanent Council member, backs Morocco, its former colony, while Polisario has been supported by some non-permanent council members and by South Africa.

Afterwards Morocco’s foreign ministry said the kingdom was satisfied with the resolution and hoped for a “real process” toward a solution, which it said should be on its autonomy initiative. Morocco also called for neighboring Mauritania and Algeria, the latter of which backs Polisario and maintains tense relations with Morocco, to be involved in negotiations. Algeria, on the other hand, called the resolution a victory for the Sahrawi cause that put the process “back on track.”

Morocco recently has made at least two diplomatic moves that may be related to enhancing its position in such negotiations.

First, on January 31, 2017, the African Union (AU) at its Summit, 39 to 9, approved Morocco’s request for readmission after having left the AU in 1984 in response to a majority of its members recognizing the disputed territory in the Western Sahara.

Morocco’s King Mohammed VI in his speech at this year’s AU Summit emphasized “how indispensable Africa is to Morocco and how indispensable Morocco is to Africa.” As evidence he mentioned that “since 2000, Morocco has [signed] nearly a thousand agreements with African countries, in various fields of cooperation,” including providing scholarships for Africans to attend Moroccan universities, launching the African Atlantic Gas Pipeline, creating a regional electricity market, constructing fertilizer production plants, creating the Adaptation of African Agriculture program to respond to climate change. These actions, he asserted, demonstrated Morocco’s “commitment to the development and prosperity of African citizens, [who] have the means and the genius; [so that] together, we can fulfill the aspirations of our peoples.”

This readmission, say analysts, also enhances Morocco’s status in upcoming negotiations over the Western Sahara although the King did not mention this in his speech. Instead, he made a modest allusion to this conflict when he said, “We know that we do not have unanimous backing from this prestigious assembly. Far be it from us to spark off a sterile debate! We have absolutely no intention of causing division, as some would like to insinuate!”[2]

The other diplomatic move that can be seen as an attempt to soften resistance towards Morocco’s position in negotiations over the Western Sahara was its re-establishment of diplomatic relations with Cuba, as discussed in a prior post.

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[1] U.N. Security Council, Press Release: Security Council Extends Mandate of United Nations Mission (April 28, 2017); U.S. Mission to the U.N., Ambassador Sisson Remarks at the Adoption of UN Security Council Resolution 2351 on the [U.N.] Mission for the Referendum in Western Sahara (MINURSO) (April 28, 2017); U.N. Security Council, Press Release: Secretary-General Welcomes Withdrawal of Moroccan, Frente Polisario Elements from Western Sahara’s Guerguerat Area, Urging Adherence to Cease Fire (Apr. 28, 2017); Reuters, U.N. Security Council Backs New Western Sahara Talks Push, N.Y. Times (Apr. 29, 2017); Assoc. Press, UN Council Backs New Effort to End Western Sahara Conflict, N.Y. Times (Apr. 28, 2017).

[2] Quinn, Morocco rejoins African Union after more than 30 years, Guardian (Jan. 31, 2017); Morocco Ministry of Foreign Affairs, His Majesty the King delivers a speech at the 28th Summit of the African Union (AU) in Addis Ababa (Jan. 31, 2017); Abubeker, Why Has Morocco Rejoined the African Union After 33 Years, Newsweek Feb. 2, 2017).