President Trump Considering Another Hostile Action Against Cuba 

On January 16, U.S. Secretary of State Mike Pompeo extended for 45 days the right to bring certain lawsuits in U.S. federal courts  by Americans who owned property in Cuba that was confiscated by its government. [1]

The Announcement

The State Department stated that this 45-day extension, instead of the usual six-month extension, “will permit us to conduct a careful review of the right to bring action under Title III [of the Helms-Burton or LIBERTAD Act] in light of the national interests of the United States and efforts to expedite a transition to democracy in Cuba and include factors such as the Cuban regime’s brutal oppression of human rights and fundamental freedoms and its indefensible support for increasingly authoritarian and corrupt regimes in Venezuela and Nicaragua.”

This announcement added, “We call upon the international community to strengthen efforts to hold the Cuban government accountable for 60 years of repression of its people. We encourage any person doing business in Cuba to reconsider whether they are trafficking in confiscated property and abetting this dictatorship.”

This right to sue was created by Title III of the Helms-Burton Act of 1996. It would permit lawsuits against persons who profit from property in Cuba that was expropriated from Americans. For example, there could be hundreds of lawsuits against corporations around the world, such as  Spanish companies that run Cuban hotels as well as Chinese and Turkish firms renovating Cuban ports. Exempt from this provision of  the Act  are U.S. companies involved in U.S. legal travel to Cuba such as AirBnB, airlines and cruise companies. But the exact meaning of this exemption could be tested in litigation, for example, over U.S. and foreign airlines landing at Havana’s Jose Marti Airport, which is built on land expropriated from a family now living in Miami.

Every  U.S. president since the enactment of the Helms-Burton Act, starting with Bill Clinton and including Trump in 2017 and 2018, has suspended Title III, for six months each time, because of its potential to alienate U.S. allies and complicate any future American detente with Cuba. Moreover, not suspending title III would create a huge obstacle to new foreign investment in Cuba.[2]

The most recent extension of only 45 days and the stated reason for this extension raise the real possibility that the Trump Administration will grant no additional suspensions or waivers of Title III and thereby permit such lawsuits.

Reactions to This Announcement[3]

This announcement predictably was applauded by Senator Marco Rubio (Rep., FL). He said in a tweet that it “is a strong indication of what comes next. If you are trafficking in stolen property in #Cuba, now would be a good time to get out.” A similar opinion was expressed by Representative Mario Diaz-Balart (Rep., FL).

Three U.S. experts on Cuba, however, criticized this possible change. Professor William LeoGrande of American University said, “It would cause an enormous legal mess, anger U.S. allies in Europe and Latin America, and probably result in a World Trade Organization case against the U.S.” He added that the State Department previously had estimated that allowing Title III to go into effect could result in 200,000 or more lawsuits being filed. Another expert, Phil Peters, said, “If they take this decision they will be moving from a policy of limiting U.S. engagement with Cuba to a policy of very actively trying to disrupt the Cuban economy.” The third, Michael Bustamante, assistant professor of history at Florida International University, stated, “Legitimate property claims need to be resolved, but in the context of a bilateral negotiation. Those backing the enforcement of Title III seem most intent on sowing havoc rather than achieving a positive good.”

Cuban authorities naturally had negative reactions to this proposed change. President Miguel Diaz-Canel said on Twitter that “we vigorously reject this new provocation, meddling, threatening and bullying, in violation of international law.”

Cuban Foreign Minister Bruno Rodriguez described the announcement as “political blackmail and irresponsible hostility aimed at hardening the blockade on Cuba. The government of President Donald Trump threatens to take a new step that would reinforce, in a dangerous way, the blockade against Cuba, would flagrantly violate International Law and directly attack the sovereignty and interests of third countries. It . . . [is] a hostile act of extreme arrogance and irresponsibility [issued in] the disrespectful and slanderous language of the State Department’s public message.”

Conclusion

This U.S. announcement follows shortly after U.S. Senators Robert Menendez and Rubio called for another hostile U.S. action against Cuba—the re-establishment of the U.S. parole policy for Cuban medical professionals, which was criticized in a recent post.[4]

Both of these proposed U.S. actions may well have been promoted or provoked by National Security Advisor John Bolton, who has long-held hostile opinions about Cuba and more recently has called Cuba, Venezuela and Nicaragua “the Troika of Tyranny.” Moreover, on November 1 in Miami, Bolton said the Administration was “seriously” considering new measures against the Cuban government, including allowing Cuban exiles whose properties were confiscated by the Castro government to file lawsuits in U.S. courts against foreign companies currently using those properties.[5]

Both of these proposed hostile actions by the U.S., in this blogger’s opinion, are ill-advised as unnecessarily creating additional conflicts with a close neighbor, with whom the U.S. should be fostering better relations as was done by President Obama after December 17, 2014.

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[1] U.S. State Dep’t, Secretary’s Determination of 45-Day Suspension Under Title III of LIBERTAD Act (Jan. 16, 2019); Reuters, U.S. Considering  Allowing Lawsuits Over Cuba-Confiscated Properties, N.Y. Times (Jan. 16, 2019); Assoc. Press, Trump Weighs Dramatic Tightening of US Embargo on Cuba, N.Y. Times (Jan. 17, 2019).

[2] U.S..State Dep’t, United States Determination of Six Months Suspension under Title III of LIBERTAD Act (July 14, 2017); Lederman, Trump administration again suspends a part of Cuba embargo, Fox News (July 14, 2017); Whitefield, Trump to suspend lawsuit provision of Helms-Burton Act in August, Miami Herald (July 17, 2017); U.S. Continues To Suspend Part of Its Embargo of Cuba, dwkcommentaries.com (July 20, 2017); U.S. State Dep’t, United States Determination of Six Months Suspension under Title III of LIBERTAD Act (Jan. 24, 2018); State Department Creates Cuba Internet Task Force and Suspends Enforcement of Statutory Liability for Trafficking in Certain Cuban Expropriated Property, dwkcommentaries.com (Jan. 25, 2018); U.S. State Dep’t, Secretary’s Determination of Six Months Suspension under Title III of LIBERTAD Act (June 28, 2018); Whitefield, Trump administration extends ban on lawsuits over confiscated property in Cuba, Miami Herald (June 28, 2018).

[3] Fn. 1; Guzzo, U.S. might allow lawsuits over U.S. properties nationalized in Cuba, Tampa Bay Times (Jan. 17, 2019); Cuba Foreign Minister Rodriguez, Cuba strongly rejects the threat of activation of Article III of the Helms Burton Act, Granma (Jan. 17, 2019).

[4] Senators Menendez and Rubio Call for Restoring U.S. Parole Program for Cuban Doctors, dwkcommentaries.com (Jan. 11, 2019).

[5] U.S. National Security Advisor Announces New U.S. Hostility Towards Cuba, dwkcommentaries.com (Nov. 3, 2018).

The Economist Ranks Cuba as the Worst Democracy in Latin America

This January, The Economist of London published its 2018 Democracy Index for 167 countries in the world based upon five central categories: electoral process and pluralism, civil liberties, government functioning, political participation and political culture. In this global survey Cuba ranked 142 out of 167. For Latin America, Cuba ranked last. [1]

Earlier, in March 2018, the Bertelsmann Foundation of Germany also ranked Cuba last in Latin America for democracy in terms of  the quality of democracy, the market economy and governance, even worse than Venezuela and Nicaragua.[2]

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[1] Havana with Díaz-Canel is the worst ‘democracy in Latin America according to “The Economist,” Diario de Cuba (Jan. 9, 2019).

[2] Schwarz, Democracy under Pressure: Polarization and Repression Are Increasing Worldwide, Bertelsmann Stiftung (Mar. 22, 2018); Cuba is the worst country in terms of democracy  in Latin America, according to a study, Diario de Cuba (Mar. 22, 2018); CBTI/2018: Cuba  Country Report (Mar. 22, 2018).

Senators Menendez and Rubio Call for Restoring U.S. Parole Program for Cuban Doctors

On January 9,  Cuba-American U.S. Senators Bob Menendez (Dem., NJ) and Marco Rubio (Rep., FL) offered S.Res. 14—Affirming that the Government of Cuba’s foreign medical missions constitute human trafficking.[1]

This proposed resolution, however, is based upon a false premise as will be shown in the final section of this post. First, we will examine this new resolution itself and the two Senators statements in support of the resolution and then the basics of the Cuban medical mission program and the former U.S. immigration parole program for Cuban medical professionals engaged in that program.

The Cuban Medical Mission Program[2]

According to a 2011 article in the Wall Street Journal, since Cuba since 1973 has been sending medical ‘brigades’ to foreign countries, “helping it to win friends abroad, to back ‘revolutionary’ regimes in places like Ethiopia, Angola and Nicaragua, and perhaps most importantly, to earn hard currency. [The] Communist Party newspaper Granma reported in June [2010] that Cuba had 37,041 doctors and other health workers in 77 countries. Estimates of what Cuba earns from its medical teams—revenue that Cuba’s central bank counts as ‘exports of services’—vary widely, running to as much as $8 billion a year.”

Again, according to the same Wall Street Journal article, Cuban doctors often desire such overseas assignments because they provide opportunities to earn significantly more money than at home. “When serving overseas, they get their Cuban salaries [of $25 per month], plus a $50-per-month stipend—both paid to their dependents while they’re abroad. . . . In addition, they themselves receive overseas salaries—from $150 to $1,000 a month, depending on the mission.” Many on-the-side also engage in private fee-for-service medical practice, including abortions. As a result, many of the Cubans are able to save substantial portions of their overseas income, which they often use to purchase items they could not have bought in Cuba like television sets and computers. Other desirable purchases are less expensive U.S. products that they can sell at a profit when they return to Cuba.

In more recent years, many of the Cuban medical missionaries have gone to Venezuela and Brazil, the latter of which late last year terminated the program and most of the Cubans returned to the island, while some remained in Brazil.

The U.S. State Department in its annual reports on human trafficking has alleged that Cuba’s use of Cuban medical personnel in its foreign medical mission program constitutes illegal forced labor.[3] This allegation will be rebutted in the last section of this post.

The Former U.S. Immigration Parole Program fo Cuban Medical Professionals[4]

On August 11, 2006, the U.S. Department of Homeland Security in conjunction with the Department of State, announced a program] that . . . would allow “Cuban medical personnel conscripted to study or work in a third country under the direction of the Cuban government to enter the United States.”

Under the program “Cuban Medical Professionals” (i.e., health-care providers such as doctors, nurses, paramedics, physical therapists, lab technicians and sports trainers) are eligible if they meet the following criteria: (1) Cuban nationality or citizenship, (2) medical professional currently conscripted to study or work in a third country under the direction of the Government of Cuba, and (3) not otherwise ineligible for entry into the U.S. Spouses and/or minor children are also eligible for such parole.

The program “was the brainchild of Cuban-born Emilio González,” a former U.S. Army colonel, the director of the U.S. Citizen & Immigration Services from 2006 to 2008 and a “staunchly anti-Castro exile.” “He has characterized Cuba’s policy of sending doctors and other health workers abroad as ‘state-sponsored human trafficking.’” The Cuban doctors, he says, work directly for health authorities in other countries and have no say in their assignments.

On January 12, 2017, in the final days of his president, President Obama terminated this program. The announcement said that the U.S. “and Cuba are working together to combat diseases that endanger the health and lives of our people. By providing preferential treatment to Cuban medical personnel, the medical parole program contradicts those efforts, and risks harming the Cuban people.  Cuban medical personnel will now be eligible to apply for asylum at U.S. embassies and consulates around the world, consistent with the procedures for all foreign nationals.”

The Cuban government applauding the end of this program, said it “was part of the arsenal to deprive the country of doctors, nurses and other professionals of the sector, . . . and an attack against Cuba’s humanitarian and solidarity medical missions in Third World countries that need it so much. This policy prompted Cuban health personnel working in third countries to abandon their missions and emigrate to the [U.S.], becoming a reprehensible practice that damaged Cuba’s international medical cooperation programs.”

The termination of this program was welcomed by Senators Patrick Leahy (Dem., VT) and representative Kathy Castor (Dem., FL), but criticized by Senators Rubio and Menendez with Rubio expressly calling for the then new Trump Administration to restore the program.

The Proposed New Resolution[5]

After multiple Whereas clauses, the proposed Resolution would declare that it is the sense of the Senate that:

  • “The Government of Cuba subjected Cuban  doctors and medical professional participating in the Mais Medicos program to state-sponsored human trafficking;
  • Cuban doctors participating in the MaisMedicos program should have been permitted to work under the same conditions as all other foreign 9 doctors participating in the program;
  • the Government of Cuba should compensate  Cuban doctors that participated in the Mais Medicos programs for the full amount of wages that were garnished by the Government of Cuba;
  • Foreign governments that sign agreements with the Government of Cuba or the for-profit Cuban Medical Services Trading Corporation (CMS) or other companies affiliated with the Government of Cuba to procure the services of Cuban professionals  directly assume risks related to participation in forced labor arrangements;
  • The Pan American Health Organization must immediately provide greater transparency about its participation in the Mais Medicos program and its agreement with the Government of Cuba and the for-profit Cuban Medical Services Trading Corporation (CMS);
  • The United States Department of State must downgrade Cuba to Tier 3 in its annual Trafficking in Persons (TIP) report, given new evidence on Cuba’s foreign medical missions and the Government of Cuba’s longstanding failure to criminalize most forms of forced labor; and
  • the Department of State must re-establish the Cuban Medical Professionals Parole (CMPP) program.”

The Senators’ ‘Press Releases for the New Resolution[6]

The two Senators issued essentially identical press releases. Here is what Senator Menendez’s stated.

Senator Menendez condemned “ the Cuban regime for a program that sends tens of thousands of Cuban medical professionals to foreign countries to work under conditions that qualify as human trafficking.” In addition, he stated.“For 60 years, the Cuban regime has been finding new ways to exploit its people. Recent information from Brazil shows how the Cuban government profits from its state-sponsored foreign medical missions, which they sell as medical diplomacy but look a lot more like indentured servitude. This bipartisan resolution sheds additional light on the Cuban regime’s role in human trafficking, and is another call for greater accountability from Cuban officials, their overseas partners, and the international community.”

The press release also quoted Senator Rubio. ““It is outrageous, though not surprising, that the Cuban dictatorship continues to manipulate and traffic physicians in order to enrich itself. This form of forced labor should not go unnoticed by the international community. We must stand against the regime’s modern-day slavery scheme and support the doctors seeking justice after serving in these so-called international medical missions.”

Finally the press release stated that the “introduction comes after an investigative report by the Diario de Cuba recently revealed the indentured servitude of Cuban medical professionals described in Brazilian diplomatic cables detailing the terms of the Government of Cuba’s medical missions to Brazil. In 2016 alone, it is estimated that the Castro regime earned more than $8,000,000,000 from exporting the services of Cuban professionals, of which foreign medical missions represent the majority of the income.”

Analysis of the Merits of the Resolution[7]

The resolution is without merit and should be rejected. Why? Because the Cuban medical mission program is not illegal forced labor.

The U.S. parole program for Cuban medical personnel was and is also unjustified. Cuban students receive their medical education without any tuition. As a result, it is only reasonable to require such students, after receiving their medical degrees, to “give back” by serving on a Cuban foreign medical mission for which they are paid more than they would have earned in Cuba. Yes, the Cuban government is paid more for their services on such missions by foreign governments than the medical personnel are paid by the Cuban government, but that also is reasonable and appropriate. The contention that such service is illegal forced labor or semi-slavery is absurd.

  • First, the State Department reports admit that there is conflicting information and allegations on the foreign medical mission work. Coercion is alleged by “some participants” and unnamed “other sources.” On the other hand, the reports admit that the Cuban government denies these allegations, and instead the Government and “some participants” assert the postings are “voluntary and well paid compared to jobs within Cuba.” The reports also concede there is conflicting information on whether other means, including withholding Cuban passports, are used to coerce or force participants to remain in the program.
  • Second, there apparently has not been any fair adjudicative process to determine which of these conflicting sets of information is valid.
  • Third, the accusation of forced labor for such participants has been rejected in a 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.
  • Fourth, According to Granma, Cuba’s Communist Party’s newspaper, “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.” The Granma article included the reflection of four Cuban doctors who have participated in such missions and who treasure the positive impact of those experiences on their professional and personal lives.
  • Fifth, this reports do not cite to the relevant legal definition of “forced labor” to assess this claim. Most pertinent is Article 2(2) of the Forced Labour Convention, 1930, which states, in part, ”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.” (Emphasis added.)

Moreover, as a previous post noted, a respected international journalist, Alma Guillermoprieto, recently reported that Cuban medical doctors serving on the island now earn $67 per month, but $500 per month when serving on a foreign medical mission.

The $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.

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[1] Resolution by Bob Menéndez and Marco Rubio asks to restore the US refugee program for Cuban doctors, DiariodeCuba Cuba (Jan. 10, 2019); Menéndez: the Cuban regime and its foreign partners ‘must be held accountable’ for the exploitation of doctors, DiariodeCuba (Jan. 10, 2019). 

[2]  See New York Times Calls for End of Special Immigration Relief for Cuban Medical Personnel, dwkcommentaries.com (Nov. 22, 2014). 

[3] See these posts to dwkcommentaries: U.S. Upgrades Cuba in State Department’s Annual Report on Human Trafficking (Aug. 7, 2015); U.S. Reasserts Upgrade of Cuba in Annual Report on Human Trafficking (July 2, 2016); Cuba’s Unchanged Status in U.S. State Department’s Annual Report on Human Trafficking (Aug. 15, 2017).

[4] Ibid;  U.S. Ends Special Immigration Benefits for Cubans, dwkcommentaries.com (Jan. 13, 2017). 

[5] S. Res. 14- a resolution  affirming that the Government of Cuba’s foreign medical missions constitute human trafficking. (Jan. 9, 2019); Sen. Menendez, Press Release: Senators Menendez, Rubio Introduce Senate Resolution Condemning Castro Regime’s Forced Labor of Cuban Doctors (Jan. 10, 2019);CubanSen. Rubio, Press Release: Rubio, Menendez Introduces [sic] Resolution Condemning Castro Regime’s forced Labor of Cuban Doctors (Jan. 10, 2019).

[6] Ibid.

[7] See posts listed in the “Cuban Medical Personnel & U.S.” section of List of Posts to dwkcommentaries.com—Topical (CUBA).

Raúl Castro’s Celebration of the 60th Anniversary of the Cuban Revolution’s Triumph

On January 1, 2019, the 60st anniversary of the triumph of the Cuban Revolution, Raúl Castro delivered a lengthy address in Santiago de Cuba celebrating that anniversary as well as the 150th anniversary of the beginning of Cuba’s wars of independence from Spain. [1]

Castro said Cuba “will continue to prioritize defense training tasks, at all levels, in the interests of safeguarding independence, territorial integrity, sovereignty and peace, based on the strategic concept of the War of the Entire People, as is reflected in the recently approved Constitution of the Republic.”[2]

Also mentioned were the challenges facing the Cuan economy in 2019. It was necessary to “reduce all non-essential expenses and save more; increase and diversify exports; raise the efficiency of the investment process and enhance the participation of foreign investment, which, as stated in the guiding Party documents, is not a complement, but a fundamental element for development.”

In addition, the speech was peppered with the  following negative comments about the U.S. involvement in that history:

  • “Cuba’s victory against Spain “was usurped by the U.S. intervention and the military occupation of the country, which gave way to a long period of oppression and corrupt governments, subservient to its hegemonic designs.”
  • “The Revolutionaries attack on the Moncada barracks on July 26, 1953 also was an assault on ‘the crimes and abuses of a bloody tyranny, completely subordinated to the interests of the United States.”
  • “Already on January 8, 1959, upon his arrival in Havana, the Commander of the Revolution [Fidel] expressed: ‘The tyranny has been overthrown, the joy is immense and yet there is still much to be done. We do not fool ourselves into believing that from now on everything will be easy, perhaps from now on everything will be more difficult.'”
  • “On May 14, 1959, Cuba adopted the first Agrarian Reform Law “that upset the powerful economic interests of U.S. monopolies and the Creole bourgeoisie, which redoubled the conspiracies against the revolutionary process.”
  • “The nascent Revolution was subjected to all types of aggressions and threats, such as the actions of armed gangs financed by the U.S. government; assassination plans against Fidel and other leaders; the murder of young literacy teachers, many of them still adolescents; sabotage and terrorism throughout the country with the terrible toll of 3,478 dead and 2,099 disabled; the economic, commercial and financial blockade, and other political and diplomatic measures in order to isolate us; the campaigns of lies to defame the Revolution and its leaders; the mercenary invasion at Playa Girón [Bay of Pigs] in April 1961; the October [Missile] Crisis in 1962, when the military invasion of Cuba was being prepared in the United States; and an endless list of hostile acts against our homeland.”
  • “Over 60 years Cuba has has “seen twelve U.S. administrations that have not ceased in the effort to force a regime change in Cuba, one way or another, with varying degrees of aggressiveness.”
  • “Now once again, the U.S. government seems to be taking the course of confrontation with Cuba, and presenting our peaceful and solidary country as a threat to the region. It resorts to the sinister Monroe Doctrine to try to roll back history to the shameful era in which subjugated governments and military dictatorships joined it in isolating Cuba.”
  • “Increasingly, senior officials of the [U.S.] current administration, with the complicity of certain lackeys, disseminate new falsehoods and again try to blame Cuba for all the ills of the region, as if these were not the result of ruthless neoliberal policies that cause poverty, hunger, inequality, organized crime, drug trafficking, political corruption, abuse and deprivation of workers’ rights, displaced people, the eviction of campesinos, the repression of students, and precarious health, education and housing conditions for the vast majority.”
  • “They are the same who declare the intention to continue forcing the deterioration of bilateral relations, and promote new measures of economic, commercial and financial blockade to restrict the performance of the national economy, cause additional constraints on the consumption and welfare of the people, hinder even further foreign trade, and curb the flow of foreign investment. They say they are willing to challenge International Law, to contravene the rules of international trade and economic relations, and aggressively apply extraterritorial measures and laws against the sovereignty of other states.”
  • “The extreme right in Florida . . . has hijacked [U.S.] policy toward Cuba, to the pleasure of the most reactionary forces of the current U.S. government.”
  • “On July 26, [2018] here in Santiago, I explained that an adverse scenario had formed, and again the euphoria of our enemies had resurfaced, and the haste to materialize their dreams of destroying the example of Cuba. I also pointed out the conviction that the imperialist blockade of Venezuela, Nicaragua and our country was tightening. Events have confirmed that assessment.”
  • “After almost a decade of practicing unconventional warfare to prevent the continuity, or impede the return of progressive governments, Washington power circles sponsored coups – first a military coup to overthrow President Zelaya in Honduras, and later they resorted to parliamentary-judicial coups against Lugo in Paraguay, and Dilma Rousseff in Brazil.”
  • The U.S. “promoted rigged and politically motivated judicial proceedings, as well as campaigns of manipulation and discredit against leftist leaders and organizations, making use of monopoly control over mass media.”
  • “The aggressive actions [of the U.S.] against [Venezuela] . . . must cease. As we warned some time ago, the repeated declaration of Venezuela as a threat to the national security of the United States, the open calls for a military coup against its constitutional government, the military training exercises undertaken in the vicinity of Venezuelan borders, as well as tensions and incidents in the area, can only lead to serious instability and unpredictable consequences.”
  • “It is equally dangerous and unacceptable that the United States government unilaterally sanctions and also proclaims the Republic of Nicaragua a threat to its national security. We reject the attempts of the discredited OAS, Organization of American States, to interfere in the affairs of this sister nation.”
  • “Faced with the [U.S. recent reassertion of the] Monroe Doctrine, the principles of the Proclamation of Latin America and the Caribbean as a Zone of Peace, signed in Havana by Heads of State and Government, which some allies of the United States now seek to disregard, must be applied and defended, for the good of all.”[3]
  • “As expressed by our Minister of Economy and Planning at the last session of the National Assembly, the cost to Cuba of [the U.S. blockade of Cuba is]calculated according to internationally approved methodology, [at] 4.321 billion dollars last year, equivalent to almost 12 million in damages every day, a fact that is overlooked by analysts who tend to question national economic performance.”

Nevertheless, Raúl reiterated Cuba’s “willingness to coexist in a civilized manner, despite the differences, in a relationship of peace, respect and mutual benefit with the United States. We have also clearly indicated that Cubans are prepared to resist a confrontational scenario, which we do not want, and we hope that the levelest heads in the U.S. government can avoid.”

American Journalist’s Assessment of Cuba’s Current Situation[4]

Jon Lee Anderson, an American journalist who has written extensively about Cuba, first stated what he saw as Cuba’s achievements over the last 60 years. It is “stable, having overcome such existential threats as the Bay of Pigs invasion in 1961, the Cuban missile crisis in 1962 and a half-century of diplomatic isolation and withering economic sanctions imposed by the United States.”

Cuba also has “weathered the collapse of the Soviet Union, its main Cold War benefactor, and a slew of traumatic internal ructions including the Mariel boatlift in 1980 and the Cuban raft exodus in 1994. Last but not least, Cuba has managed its first major political transitions, following the death in 2016 of its defining leader, Fidel Castro; the presidential retirement, last year, of his younger brother, Raúl Castro; and Raúl’s succession in office by Miguel Díaz-Canel Bermúdez, a 58-year-old Communist Party loyalist.”

Most importantly, he says, “the Cuban Communist system shows no sign of collapse.” But it is going through significant changes with greater opportunity to disagree with the government as evidenced by recent changes to regulations affecting the private sector and the arts.

Conclusion

Although I hope that there will be increasing opportunities for Cubans to express disagreement with their government’s policies, I am not as sanguine as Anderson about whether and when there will significant changes on such questions. Like any well-established and large system or organization, such changes are difficult and usually take longer than anticipated by some.

It also is interesting to compare this lengthy speech by Raúl with the shorter and less revealing recent statement by President Diaz-Canel that was mentioned in a prior post. Is this difference significant?

According to a U.S. journalist, the latest version of the proposed new Constitution, if as anticipated it is approved in the February referendum, provides that “the National Assembly must approve a new electoral law within six months after the new Constitution is enacted. Then, within another three months, the National Assembly must choose a new president, vice president and Council of State from among its deputies currently in office.” In addition, the new Constitution would create the new office of Prime Minister, requiring the president to share power. Therefore, it is possible that Diaz-Canel will be President for only a short time.[5]

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[1] Castro, After 60 years of struggle, sacrifices, efforts and victories, we see a free, independent country, the master of its own destiny (Jan. 2, 2019).

[2] The final draft of the proposed Constitution that will be submitted to a referendum in February 2019 is now available online.

[3] In February 2018, the Monroe Doctrine was favorably mentioned, in response to a question by an academic observer, by then Secretary of State Rex Tillerson, as discussed in an earlier post.

[4]  Anderson,  Cuba’s Next Transformation, N.Y. Times (Jan. 5, 2019).

[5] Gámez Torres, Cuba could have a new government soon if draft Constitution takes effect, Miami Herald (Jan. 5, 2019).

Announcements of Cuba’s “Pillars of Management“ and Strategy for 2019

Cuba President Miguel Diaz recently announced what he called “Pillars of Management” and the Government’s strategic objectives for 2019.[1]

Pillars of Management

In September 2018 Diaz-Canel stated the following four “pillars” for future management of the country:

  1. Respond to the mandate of the people and for the people by having responsible government officials account for their management to the people.
  2. Establish a connection, debate and permanent dialogue with the people, especially when there are more complications.
  3. Take into account that the solutions to these problems are very complex. Therefore, we always have to face each complexity with several alternative solutions.
  4. Use social communication as a working tool.

 Strategic Objectives for 2019

At the end of the year Diaz-Canel said that the Cuba Council of Ministers had adopted the following strategic objectives for 2019:

  • Disaggregate the 2019 Plan of the Economy in an orderly and agile manner, with the participation of the workers and their leaders.
  • Advance the process of computerization, not only with the fundamental leaders of the country in social networks, but with the updating of the websites of the agencies.
  • Continue to offer information to the media and start a television program to systematically address issues related to the government’s agenda.
  • Integrate universities in the search for solutions to the problems of the country and enhance the interaction between ministers and faculties.
  • Defend the ethics that should characterize the work of the leaders and the permanent contact with the people.
  • Maintain the atmosphere of order, harmony and cleanliness that must prevail in State institutions.
  • Comply with the regulations for the work of the non-state sector.
  • Support from all the institutions the broad legislative process that will be deployed after the approval of the new Constitution.
  • Strengthen the sources of tourism with the other sectors of the economy.
  • Encourage exports, including new sectors of the economy, while defending Cuba’s main economic and financial processes.
  • Prioritize, within the actions of the General Comptroller of the Republic and the National Auditing System, the follow-up of investments and exports, the substitution of imports and the productive linkages.
  • Establish as part of all audits, the use and destination of energy carriers, contracting, cost analysis, strengthening of accounting and the use of inventories.
  • Make the National Territorial Planning Scheme a working tool, which includes a score of policies aimed at the development of the country.
  • Develop a process for responding to the issues formulated by the people in the boards of directors of the Central State Administration Organisms and the Provincial Administration Councils.

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[1] Rivera, Government Management in Cuba: from pillars to strategy, Granma (Jan. 2, 2019).

 

Crickets Caused Sounds Heard by U.S. Diplomats in Cuba

As previously reported, some of the U.S. diplomats who suffered injuries in Cuba complained that they had heard strange sounds when they were being injured.[1]

Now two scientists–Alexander Stubbs of the University of California, Berkeley and Fernando Montealegre-Z of the University of Lincoln in England—claim that male Indies Short-Tailed Crickets emitted these sounds during courtship.[2]

Such sounds, however, the scientists say, did not cause any of the injuries sustained by the diplomats.

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[1]  See posts in the “U.S. Diplomats Medical Problems in Cuba, 2016-??” section of List of Posts to dwkcommentaries—Topical: CUBA.

[2] Zimmer, The Sounds That Haunted U.S. Diplomats in Cuba? Lovelorn Crickets, Scientists Say, N.Y. Times (Jan. 4, 2019).

Cuba’s Legislature Approves Revised Draft of New Constitution

On December 22, Cuba’s National Assembly unanimously approved a proposed new constitution for submission to a national referendum on February 24, 2019. It incorporates into an original one published in July hundreds of mainly small changes proposed by citizens during a three-month public consultation at community meetings nationwide. [1]

Summary of Latest Draft of Constitution

This draft maintains Cuba as a centrally planned economy ruled by a single Communist Party, but recognizes private property for the first time and paves the way for a separate referendum on legalizing gay marriage. It  also creates the role of prime minister alongside the current president, as well as provincial governors.

The new draft also recognizes worker-owned cooperatives for the first time as a legal form of production in every sector of the economy, while maintaining Cuba’s largely inefficient and stagnant state-run industries as the central means of production.

The draft contains the following 11 titles:

  • Title I: Political foundations
  • Title II: Economic fundamentals
  • Title III: Fundamentals of educational, scientific and cultural policy (Old Title V)
  • Title IV: Citizenship
  • Title V: Rights, Duties and Guarantees.
  • Title VI: Structure of the State.
  • Title VII: Territorial Organization of the Stat
  • Title VIII: Local Organs of Popular Power
  • Title IX: Electoral System
  • Title X: Defense and National Security
  • Title XI: Reform of the Constitution.

Cuba Official Reaction to New Draft.[2]

In closing this session of the National Assembly, President Miguel Diaz-Canel said the island’s economic challenges — including a week 1.2 percent 2018 growth rate in 2018 and similar growth expected next year — required the acceptance of private business, joint public-private ventures and coops working together. He promised to fight widespread public-sector embezzlement and corruption that makes it virtually impossible to get anything done in Cuba without a series of small bribes.[3]

The modest changes to the draft constitution along with the recent changes to regulations governing private enterprise are seen by William LeoGrande, a U.S. expert on Cuba, as unprecedented responsiveness to organized public pressure. It “indicates both the government’s flexibility and also its recognition that the Cuba of 2018 is not one in which people will simply accept whatever the authorities dictate.” These changes also recognize the economic and financial difficulties facing the island.

Indeed, cash-strapped Cuba plans fresh austerity measures and will pressure the sluggish bureaucracy to tighten its belt and cut red tape to address weak growth, falling export earnings and rising debt.

Cuban Opposition to the Draft Constitution[4]

 According to Diario de Cuba, several Cuban organizations have launched a campaign to defeat this draft in the national referendum. Here are some of their principal objections:

  • The draft maintains the role of the Communist Party as the ” highest leading political force in society” and reaffirms state control of the economy.
  • While recognizing the role of the market and other forms of property, it affirms that Cuba “will never return” to capitalism because “only in socialism and in communism the human being reaches his full dignity.”
  • It does not allow for the existence of other political parties and independent media,
  • It denies the possibility of directly electing the president of the country,

The organizations supporting the “No” vote  are: Artists against Decree 349, Damas de Blanco Association, Asociación Pro Libertad de Prensa (APLP), Independent Trade Union Association of Cuba (ASIC), Citizens Committee for Racial Integration (CIR) ), Cuba Independiente y Democrática (CID), Cuba Piensa, Foro Antitotalitario Unido (FANTU), Cuban Foundation for LGBTI Rights, Cuban Youth Dialogue Table (MDJC), Citizen Movement Reflection and Reconciliation, Cuban Reflection Movement, Maceista Movement for Dignity, Cuban Observatory of Human Rights (OCDH), Observatory of Electoral Rights (ODE), Party for Democracy Pedro Luis Boitel, Project Di.Verso, OCDH Support Network and Patriotic Union of Cuba (UNPACU).

 Amnesty International’s  Criticism of the Draft Constitution[5]

 Amnesty International had the following comments on the revised draft:

  1. At first glance, it appears to strengthen a host of human rights protections. But at a closer look, it quickly limits them to what is already found in national law. . . many of which are contrary to international law and standards.”
  2. On paper, it provides better protections to people accused of crime—like the right to a defence lawyer. In practice, all lawyers work for the state and rarely are prepared or able to mount an adequate defense without losing their job.”
  3. It maintains undue restrictions on freedom of expression. While article 59 ‘recognizes, respects and guarantees the freedom of thought, conscience and expression, Article 60 retains control over the organization and functioning of all media. This is inconsistent with international human rights law and standards, that require states not to have monopoly control over the media and,instead promote a plurality of sources and views.”
  4. It also stands to continue online censorship. On the one hand, the text proposes the “democratization of cyberspace. but on the other it condemns the use of the Internet for ‘subversion’ (Article 16.l). This could allow for criminal laws to be applied arbitrarily against independent journalists and bloggers, who already work in a legal limbo that exposes them to arbitrary detention, and whose work is already being blocked and filtered.”
  5. It continues to place undue restrictions on freedom of assembly, demonstration and association. Article 61 states that these rights, ‘For lawful and peaceful purposes,’ are recognized by the State whenever they are exercised with respect to public order and compliance with the mandatory provisions of the law.’ However, international law and standards are clear that the only legitimate reasons to restrict these rights is for  the protection of national security, public order, public health or morals, or the rights of others. In practice, protest by political opposition groups and human rights defenders are not tolerated by the authorities. For example, representatives of the Ladies in White, a group of female relatives of prisoners detained on politically motivated grounds, continue to be arbitrarily detained, usually for several hours each weekend, solely for exercising their right to freedom of association and peaceful assembly,”
  6. “It undermines artistic expression. Article 95.h protects artistic expression, but only when it conforms with ‘socialist values.’ Not only is this provision an undue restriction of freedom of expression, but in practice, anyone who dares to speak out against the government is quickly labeled ‘counter-revolutionary.’ One of the first laws signed by President Díaz Canal was Decree 349, a dystopian new law which stands to censor artists.”[6]
  7. “The reforms are unlikely to strengthen the independence of the judiciary or protect the right to fair trial. Article 48 protects the right to be tried before a ‘competent, independent, and impartial tribunal established by law.’ These are all key elements to ensuring the right to a fair trial. At the same time, Article 8 subordinates all organs of the state – presumably including the judiciary – to ‘socialist values’ which in practice may allow for undue interference by the presidency in judicial decisions. Serious and ongoing limitations on the independence of lawyers and the judiciary have been documented by Amnesty International and the UN for decades.”
  8. “If approved, it will pave the way for Cuba to become the first independent nation in the Caribbean to legalize same sex marriage. The revised Constitution defines marriage as between two people (Article 68) and prohibits discrimination on the grounds of sexual orientation or gender identity (Article 40). While these provisions are a huge step forward in the path for equality and dignity for all, LGBTI activists say authorities still tightly control LGBTI activism outside of state-sanctioned spaces.”
  9. “It guarantees several economic, social and cultural rights. The proposed Constitution recognizes that human rights cannot be divided and depend on each other to make them happen in a progressive way and without discrimination (Article 39). The state recognizes its responsibility for the protection of older people (Article 73), and people living with disabilities (Article 74). It recognizes the right of people to “dignified housing” (Article 82), and the responsibility of the Cuban state to guarantee the rights to “public health” (Article 83), education (Articles 84), water (Article 87) and food (Article 88). Nevertheless, in a context where the judiciary is not independent, enforcing these rights through the courts will be unrealistic in practice.”
  10. “It commits Cuba to promoting the protection and conservation of the environment and to confronting climate change, which it recognizes as a ‘threat to the survival of the human species’ (Article 16). Cuba could strengthen this commitment further by joining fellow Caribbean countries in signing the Escazú Agreement, a major step forward for the right of people to access information and participate in policies, projects and decisions that affect the environment.”

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[1] Assoc. Press, Cuban Assembly Approves Draft of New Constitution, N.Y. Times (Dec. 22, 2018); Reuters, Cuban Lawmakers Approve New Constitution Which Heads to Referendum, N.Y. Times (Dec. 22, 2018); Intervention of Romero Acosta in the National Assembly, on the main changes of the Constitution from the Popular consultation, Granma (Dec. 22, 2018).See also prior posts about the new constitution in the ”Cuba’s New Constitution, 2018” section of List of Posts to dwkcommentaries—Topical: CUBA.

[2] Gamez Torres, After 60 years of revolution in Cuba, cracks in leadership emerge, Miami Herald (Dec. 27, 2018); Reuters, “Reality” Bites: Cuba Plans More Austerity as Finances Worsen, N.Y. Times (Dec. 28, 2018).

[3] See Cuba Relaxes Some New Rules Regarding Private Enterprise, dwkcommentaries.com (Dec.7, 2018).

[4]  Start a campaign for the ‘No’ to the new constitution, Diario de Cuba (Dec. 23, 2018); 20 reasons to vote NO on the constitutional referendum, Diario de Cuba (Dec. 26, 2018); The new Constitution will not reflect the society to which Cubans aspire, Diario de Cuba (Dec. 18, 2018).

[5]  Amnesty Int’l, 10 ways reforms to Cuba’s constitution would impact human rights (Nov. 21, 2018); Tillotson, Ten repercussions for the human rights of the reform of the Constitution of Cuba, El confidencial (Nov. 21, 2018).

[6] See Cuba Tightens Censorship of the Arts, dwkcommentaires.com (Dec. 26, 2018).