U.S. Withdraws from U.N. Human Rights Council 

On June 19 U.S. Secretary of State Mike Pompeo and U.S. Ambassador to the U.N. Nikki Haley announced that the U.S. had “withdrawn” from its membership on the U.N. Human Rights Council.[1] The Council’s current President, Ambassador Vojislav Šuc (Slovenia) immediately responded to this news.

Secretary Pompeo’s Remarks

“The Trump administration is committed to protecting and promoting the God-given dignity and freedom of every human being. Every individual has rights that are inherent and inviolable. They are given by God, and not by government. Because of that, no government must take them away.”

“For decades, the United States has led global efforts to promote human rights, often through multilateral institutions. While we have seen improvements in certain human rights situations, for far too long we have waited while that progress comes too slowly or in some cases never comes. Too many commitments have gone unfulfilled.”

“President Trump .. . has called out institutions or countries who say one thing and do another. And that’s precisely the problem at the . . . Council. As President Trump said at the UN General Assembly: “It is a massive source of embarrassment to the United Nations that some governments with egregious human rights records sit on the . . . Council.” In short, the Council now “is a poor defender of human rights.”

It “has become an exercise in shameless hypocrisy – with many of the world’s worst human rights abuses going ignored, and some of the world’s most serious offenders sitting on the council itself.” Those members include “authoritarian governments with unambiguous and abhorrent human rights records, such as China, Cuba, and Venezuela.” In addition, the Council’s “bias against Israel is unconscionable. Since its creation, the council has adopted more resolutions condemning Israel than against the rest of the world combined.”

Moreover, the U.S. “will not take lectures form hypocritical bodies and institution as Americans selflessly give their blood and treasure to help the defenseless.”

 Ambassador Haley’s Remarks

The Ambassador recalled her speech to the Council in June 2017 that “declared our intent to remain a part of the . . . Council if essential reforms were achieved.. . . to make the council a serious advocate for human rights.”[2]

She then provided details on how the U.S. since then unsuccessfully has endeavored to obtain such reforms. Therefore, the U.S. “is officially withdrawing from the . . . Council.”

The details of the failure of reform included: (a) the U.N. General Assembly last Fall electing as a Council member the Democratic Republic of the Congo, which “is widely known to have one of the worst human rights records in the world;” (b) the Council would not hold “a meeting on the human rights conditions in Venezuela” because it is a Council member; (c) early this year the Council passed five resolutions against Israel; (d) the U.S. effort to reform the Council was blocked by “unfree countries,” including “Russia, China, Cuba, and Egypt;” and (e) “many members that share U.S. values “were unwilling to seriously challenge the status quo.”

In contrast, she said, under U.S. leadership the U.N. Security Council this past 12 months held its “first ever . . . session dedicated to the connection between human rights and peace and security” and another session on “Iranian human rights.” In addition, last year the U.S. organized “an event on Venezuela outside the Human Rights Council chambers in Geneva.” And the Ambassador herself has traveled “to UN refugee and internally displaced persons camps in Ethiopia, Congo, Turkey, and Jordan, and met with the victims of atrocities in those troubled regions.”

Council President Šuc’s Statement[3]

“While I recognize it is the prerogative of any member State to take such a decision [to withdraw], I wish to acknowledge that the United States has been a very active participant at the Council having engaged constructively on numerous issues aimed at improving the lives of rights holders around the globe, including the many issues which we are addressing in our current session. The Human Rights Council always stands to benefit from constructive engagement of its member States.”

“In times when the value and strength of multilateralism and human rights are being challenged on a daily basis, it is essential that we uphold a strong and vibrant Council recognizing it as a central part of the United Nations for the 21st century.”

“Over the past 12 years, the . . . Council has tackled numerous human rights situations and issues keeping them in sharp focus.  In many senses, the Council serves as an early warning system by sounding the alarm bells ahead of impending or worsening crises.  Its actions lead to meaningful results for the countless human rights victims worldwide, those the Council serves.”

“The . . . Council is the only intergovernmental body responding to human rights issues and situations worldwide, with the active participation of civil society.  It provides a unique setting to hear a wide range of views, including those which other organizations are unable or unwilling to discuss.”

Conclusion

I disagree with the U.S. decision to withdraw from its membership on the Council for several reasons.

First, the Human Rights Council does not have the power to order any Council member or any other U.N. member to do anything. Instead it is “responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and [making] recommendations on them. It has the ability to discuss all thematic human rights issues and situations that require its attention.” In short, it is a forum for discussion or debate on these issues, and the U.S. has an important voice to raise on these issues.

Second, there are 47 Council members, and although the U.S. correctly points out that some members have horrible human rights records, there is no claim that such countries constitute a majority of the Council. Moreover, no country in the world has a perfect record on these issues, including the U.S.

Third, all Council members, including the bad actors, are subject to Universal Periodic Review (UPR) every five years. A mere summary of the latest UPRs for the countries mentioned by Secretary Pompeo and Ambassador Haley shows that each of them received many recommendations for improving their human rights records, thereby negating or diminishing the notion advanced by these two U.S. officials that those with poor records escape censure by the Council.[4]

Fourth, the High Commissioner for Human Rights has the authority and responsibility to provide the Council with his or her assessment of human rights concerns in the world. The current High Commission did just that on June 18 (the day before the previously mentioned U.S. decision to withdraw from the Council).[5] In so doing he had critical comments about  seven of the nine countries identified by Pompeo and Haley as having bad human rights records (China, Democratic Republic of Congo, Ethiopia, Iran, Russia, Turkey and Venezuela).

Fifth, the High Commissioner had these critical fact-based criticisms of    Israel and the U.S., which both countries should be willing and able to evaluate on their merits:

  • “Israel continues to deny access to the Occupied Palestinian Territory by the Special Rapporteur on the Situation of human rights in the Palestinian territory occupied since 1967. This has been the case for three successive holders of the mandate. Access has also been denied to all of the Council’s previous Commissions of Inquiry, including on Gaza in 2014. I believe the Council’s advocacy of impartial monitoring and expert recommendations is entirely justified by the gravity of the situation, and I urge Israel to provide access to all human rights mechanisms – including the investigative body mandated last month – to enable impartial monitoring and advance accountability and justice.” (Emphasis in original.)
  • “In the United States, I am deeply concerned by recently adopted policies which punish children for their parents’ actions. In the past six weeks, nearly two thousand children have been forcibly separated from their parents. The American Association of Pediatrics has called this cruel practice ‘government-sanctioned child abuse’ which may cause ‘irreparable harm,’ with ‘lifelong consequences’. The thought that any State would seek to deter parents by inflicting such abuse on children is unconscionable. I call on the [U.S.] to immediately end the practice of forcible separation of these children, and I encourage the Government to at last ratify the Convention on the Rights of the Child, in order to ensure that the fundamental rights of all children, whatever their administrative status, will be at the center of all domestic laws and policies.” (Emphasis in original.) [6]

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

[1]  U.S. State Dep’t, Remarks on the UN Human Rights Council (June 19, 2018). The Council is made up 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 Council’s Members serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The U.S. is in its second consecutive term ending  January 1, 2019.

[2] Haley, Remarks at the United Nations Human Rights Council (June 6, 2017); Haley, Remarks at the Graduate Institute of Geneva on “A Place for Conscience: the Future of the United States in the Human Rights Council” (June 6, 2017).

[3] Human Rts. Council, Press Statement by the President of the Human Rights Council, Ambassador Vojislav Šuc (Slovenia) (June 19, 2018)

[4] Human Rights Council: Report of the Working Group on the UPR-China (252 paragraphs of recommendations) (Dec. 4, 2013);Report of the Working Group on the UPR-Cuba (292 paragraphs of recommendations) (July 8, 2013); Report of the Working Group on the UPR-Democratic Republic of Congo (229 paragraphs of recommendations) (July 7, 2014); Report of the Working Group on the UPR-Ethiopia (252 paragraphs of recommendations) (July 7, 2014); Report of the Working Group on the UPR-Iran (291 paragraphs of recommendations) (Dec. 22, 2014); Report of the Working Group on the UPR-Jordan (173 paragraphs of recommendations) (Jan. 6, 2014); Report of the Working Group on the UPR-Russian Federation (231 paragraphs of recommendations) (July 8, 2013);Report of the Working Group on the UPR-Turkey (278  paragraphs of recommendations) (April 13, 2015); Report of the Working Group on the UPR-Venezuela (274  paragraphs of recommendations) (Dec. 27, 2016).

[5]  U.N. Hum. Rts. Council, Opening statement and global update of human rights concerns by UN High Commissioner for Human Rights Zeid Ra’ad Hussein at 38th session of the Human Rights Council (June 18, 2018).

[6] After a firestorm of criticism by the public and politicians from both major political parties, President Trump on June 20 signed an executive order ending the policy of separating immigrant children from their immigrant parents. (Haberman & Shear, Trump Signs Executive Order to Keep Families Together, N.Y. Times (June 20, 2018).)

 

 

Recent U.S.-Cuba Developments 

Here are updates on several U.S.-Cuba issues.

U.S.-Cuba Bilateral Commission Meeting[1]

On June 14 in Washington, D.C., the U.S. and Cuba held their seventh meeting of the  Bilateral Commission that was started by the Obama Administration and Cuba.

Afterwards the State Department said the two parties “reviewed . . . areas for engagement that advance the interests of the [U.S.] and the Cuban people including combatting trafficking in persons; facilitating safe civil aviation; law enforcement cooperation; agricultural cooperation; maritime safety and search and rescue cooperation; resolution of certified claims;[2] advancing understanding of environmental challenges; and protecting the national security and public health and safety of the [U.S.]”

The State Department also said, “The [U.S.] reiterated the urgent need to identify the source of the attacks on U.S. diplomats and to ensure they cease. We also reiterated that until it is sufficiently safe to fully staff our Embassy, we will not be able to provide regular visa services in Havana. We expressed our continued concerns about the arbitrary detention of independent journalists and human rights defenders. The [U.S.] acknowledged progress in repatriating Cubans with final orders of removal from the [U.S.], but emphasized Cuba needs to accept greater numbers of returnees.” The U.S. also voiced concern about the “arbitrary detention of independent journalists and human rights defenders” in Cuba.

“Carlos Fernandez de Cossio, the top Cuban official at [this meeting], told The Associated Press that his delegation had “challenged the U.S. on the use of the word ‘attack.’ “There is no evidence of a weapon, there is no evidence of a source, nobody can point to motivation and yet they continue to use the word ‘attack.’ We see it as politically motivated.’” He also noted that neither American nor Cuban experts had been able to determine what caused the symptoms. He renewed concerns that the Trump administration is using the incidents as an excuse to roll back U.S.-Cuba rapprochement started under the Obama administration.

This objection to the U.S. verbiage for this problem was reiterated in a statement by the Cuba Foreign Ministry. “The Cuban delegation urged the government of the [U.S.] to desist from the continued political manipulation of the alleged health cases, which became the pretext to adopt new unilateral measures that affect the performance of the respective embassies, in particular, the rendering of consular services depended upon by hundreds of thousands of persons.” Cuba also raised its objection to the U.S. “travel warning” for Cuba, saying it “hinders the scientific, academic, cultural, religious and entrepreneurial exchanges, as well as the visits by Americans to a country that is internationally recognized as safe and healthy.”

The Cuba Foreign Ministry statement added, “The Cuban delegation rebuffed the regress in the bilateral relationship imposed by the government of the [U.S.] and called attention on the negative consequences thereof for both peoples, the Cuban emigration and the international and regional environment. The Cuban delegation reiterated that the economic, commercial and financial blockade continues to be the main obstacle to any perspective of improvement in the bilateral relationship and denounced its intensification with the adoption, in particular, of additional financial measures of aggressive extraterritorial nature.” Another Cuban objection was registered to what it said were U.S. actions, which were “intended interference in the internal affairs of Cuba, with the open manipulation of the human rights issue, which is flagrantly, massively and systematically violated with the implementation of the blockade.”

The Cuban Foreign Ministry, on the other hand, acknowledged “that it has been demonstrated that it is possible to cooperate and live in a civilized manner, by respecting differences and promoting that which benefits both countries and peoples. It expressed Cuba’s willingness to continue the bilateral dialogue and to work on issues of common interest through the active implementation, based on concrete proposals, of the bilateral agreements subscribed as those on environmental protection, law enforcement, health, agriculture, hydrography and geodesy, among others.”

Finally the State Department announced that the parties had “agreed to hold the next rounds of the biannual Migration Talks and the Law Enforcement Dialogue this summer.”

Another source mentioned that since Trump took office, the two countries have met around two dozen times on topics such as migration, public health, combating illicit drugs, environmental protection, law enforcement, agriculture, people smuggling and migration fraud, fugitives from justice, cyber-security, anti-money laundering, human trafficking, maritime safety, civil aviation and human rights.

Overall Evaluation of U.S.-Cuba Relations Under Trump[3]

Mimi Whitefield, who closely follows Cuban developments for the Miami Herald, notes that U.S.-Cuba relations appear to be stalled since President Trump gave his speech in Miami announcing retreats on U.S. engagement with Cuba.

However, she points out, the Havana-based “Cuban Commission for Human Rights and National Reconciliation documented 5,155 such cases last year, compared to 8,616 and 9,940 during the last two years of the Obama administration.” And in May 2018 they fell to 128, the lowest monthly total in three years, which may have been affected by “factors that affected Cubans’ activism: Poor weather conditions kept many people indoors, Cubans were preoccupied and took more time trying to find food and other staples, transportation was difficult, and the deaths of 112 people in a May 18 airline crash left the nation shell-shocked.”

Whitefield also states that the U.S. List of Restricted Entities and Subentities Associated With Cuba as of November 9, 2017, with which U.S. persons are not to have any dealings, has not been updated and does not even include all the hotels run by Cuba’s military conglomerate, and Americans still have the option of staying at hotel chains operated by the Cuban Ministry of Tourism.

U.S. visitors to the island declined 56.6% in the first quarter of 2018 versus the prior year, with enormous adverse impact on Cuba’s emerging private sector. “Cuban entrepreneurs complain that the confusing U.S. travel policy has hurt them disproportionally because individual travelers tend to stay with them rather than at state-owned hotels. Business, some say, is down 30 to 40 percent because U.S. travel in general is down.”

On the other hand, says John McAuliffe, executive director of the Fund for Reconciliation and Development, which promotes engagement between Cuba and the U.S., “there is one form of travel to Cuba that is booming and that is cruises, and most of the revenue from the cruise industry goes to the state. With cruise terminal fees, buses, tours, and cruise passengers eating at mostly state restaurants, it’s channeling more money to official circles.”

Expansion of Bipartisan State Councils Supporting  Engagement with Cuba[4]

 On June 12, Engage Cuba, a bipartisan coalition promoting U.S. engagement with Cuba, announced that there are now 18 states with bipartisan state councils supporting these efforts. The latest is Pennsylvania, which like the others will seek to build statewide support for pro-engagement policies and ending U.S. trade and travel restrictions on Cuba.

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

[1] U.S. State Dep’t, United States and Cuba Hold Seventh Bilateral Commission Meeting (June 14, 2018); Cuba Foreign Ministry, Seventh Meeting of the Cuba-United States Bilateral Commission held in Washington, D.C, (June 14, 2018); Assoc. Press, US Renews Call for Cuba to Probe Cause of Health ‘Attack,’ N.Y.Times (June 14, 2018); The US urges the Government of Cuba to identify the origin of attacks on diplomats, Diario de Cuba (June 14, 2018).

[2] The “certified claims” probably refers to claims against Cuba by U.S. nationals for their claims for compensation for Cuba’s expropriation of their property on the island in 1959-1960 that were certified by the U.S. Department of Justice. See these posts to dwkcommentaries.com: Resolution of U.S. and Cuba’s Damage Claims (April 6, 2015); Resolving U.S. and Cuba Damage Claims (Dec. 13, 2015).

[3]  Whitefield, Has President Trump’s year-old Cuba policy helped the Cuban people? Miami Herald (June 14, 2018).

[4]   Engage Cuba, Pennsylvania Leaders Launch Engage Cuba State Council (June 12, 2018).

 

Cuba Still Baffled by Illness of U.S. Diplomats 

On June 10 the Cuba Foreign Ministry stated, “ After more than a year of investigations by specialized agencies and experts from Cuba and the United States, it is confirmed that there is no credible hypothesis or conclusions attached to science that justify the actions taken by the United States government against Cuba in detriment of bilateral relations and with obvious political motivations.”[1]

This statement came after the U.S. on June 8 publicly announced that two more officials of the U.S. Embassy in Havana had reported health symptoms as a result of “undefined sounds” in their residence, but that these two individuals were considered “potentially new cases,” but had not yet been “medically confirmed” before testing at the University of Pennsylvania. [2]

According to the subsequent Cuba statement, it learned of one of the new cases on May 29 and immediately did an “exhaustive and urgent investigation carried out in the vicinity of the residence [and]  found no evidence of any sound that could cause damage to health.”

In addition, the Ministry reiterated “that no evidence has been presented of the alleged incidents and maintains its unwavering commitment to cooperate with the authorities of the United States to achieve clarification of this situation and the best medical attention to the persons concerned.“ (Emphasis added.)

Nevertheless, Cuba “publicly and officially reiterated its willingness to cooperate seriously in the joint search for answers, clarification and the solution of the alleged facts.”

All of this happened after the U.S. had disclosed that some diplomatic employees at a U.S. consulate in southern China had reported medical symptoms similar to those that had occurred in Cuba.[3]

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

[1]  MINREX statement, There is no credible hypothesis about alleged sonic attacks, Cubadebate (June 10, 2018); Reuters, Cuba Says Cause of Illness in U.S. Diplomats Remains Mystery, N.Y. Times (June 10, 2018); Assoc. Press, Cuba Releases Details of Incident Involving US Official, N.Y. Times (June 10, 2018).

[2] Assoc. Press, US Pulls 2 More From Cuba Amid New Potential Health Cases, N.Y. Times (June 8, 2018); Reuters, Two People From U.S. Embassy in Havana Evaluated for Illness–State Department, N.Y. Times (June 8. 2018).

[3] U.S. State Dep’t, Message for U.S. Citizens [in China]: Improvements to Safety and Security Information (June 8, 2018); Perlez & Myers, U.S. Issues Alert to Americans in China in Wake of Sonic Attack Fears, N.Y. Times (June 8, 2018); Perlez & Myers, China Pledges to Investigate Fears of Sonic Attacks on U.S. Diplomats, N.Y. Times (June 7, 2018); Myers & Perlez, A Medical Mystery Grows as U.S. Consulate Workers in China Fall Ill, N.Y. Times (June 6, 2018).

 

Conferences About Continued U.S.-Cuba Cooperation on Various Issues 

This past week there have been two gatherings in Washington, D.C. focused on promoting U.S.-Cuba collaboration on various projects.

Environmental Sustainability and Historic Preservation[1]

 The first conference was on June 4, Advancing Environmental Sustainability and Historic Preservation in Cuba, that was organized by the Center for International Policy and the Ocean Doctor organizations. It explored opportunities for small-scale, collaborative initiatives to successfully advance environmental sustainability and historic preservation in Cuba and celebrated the release of the two organizations’ report, “A Century of Unsustainable Tourism in the Caribbean: Lessons Learned and Opportunities for Cuba.”

This gathering emphasized that Cuba has developed differently from any other country in the Caribbean. Many of its natural ecosystems remain remarkably healthy, and the country’s cultural heritage remains authentic and largely intact. The efforts to normalize relations between Cuba and the U.S. by President Obama fueled dramatic growth in tourism and interest in investment on the island, sparking concern that Cuba now faced the same scale of pressures that have resulted in environmental and heritage degradation throughout the Caribbean. With the advent of the Trump presidency and chilling of relations, some of these pressures have waned, but likely only temporarily.

One of the participants was Cuba’s Ambassador to the U.S., José Ramón Cabañas Rodríguez, who underscored the actions of cooperation that continue to develop today between various U.S. governmental agencies and organizations and their Cuban counterparts. He  also highlighted the validity of the bilateral instruments signed between Cuba and the United States during the Obama Administration.

Among the other speakers were Salih Booker, Executive Director, Center for International Policy; Dr. David E. Guggenheim, President of Ocean Doctor; Robert Muse, Lawyer specialized in Cuban affairs; Dr. Brain M. Boom, Vice President for Conservation Strategy at New York Botanic Garden; Norma Barbacci; plus preservation consultants.

 Agricultural Trade Relations Between the Two Countries[2]

On June 7  Engage Cuba, a bipartisan advocate for U.S.-Cuba normalization, and the Washington, D.C. office of the McDermott Will & Emery law firm, sponsored a conference,  “Fostering bilateral agricultural and economic capabilities.”

The roundtable was composed of Senator John Boozman (Rep., AR.) Rep. Rick Crawford (Rep., AR). Rep. Thomas Emmer (Rep., MN) and Rep. Roger Marshall (Rep., KS) with Cuban Ambassador to the United States, José Ramón Cabañas Rodríguez, and moderated by James Williams, President of Engage Cuba, a  bipartisan  advocate for U.S.-Cuba normalization.

The event emphasized the necessity to lift the economic, financial and trade embargo imposed on the Island for more than 55 years and to stress the importance of reversing the failed policy of the United States towards Cuba.

Senator Boozman recalled that nowadays American farmers face a situation in which almost all the prices for their products are low, and that there is a market in Cuba, which can be provided with American products, given the Island’s high import of commodities. However, he said, “American agricultural producers face significant commercial barriers to trade with Cuba. Lifting the ban on private banks and companies from offering credit for agricultural exports to Cuba will help level the playing field for our farmers while exposing Cubans to American values and ideals.”

“The U.S.-Cuba relationship is critical to our economy.” stated Congressman Emmer, the Chair of the bipartisan House Cuba Working Group, as he also reaffirmed his commitment to work for the lifting of the embargo and “to break through for a new chapter in our two nations’ history.” Rep. Emmer added, “The time to begin renewing our relationship with our neighbors just 90 miles of the Florida coast is now. With American farmers suffering some of the lowest commodity prices we have ever seen, Congress has an opportunity to take action and make real change. The Cuba Agricultural Exports Act, sponsored by Rep. Crawford, would lift financing restrictions imposed by the embargo on agriculture exports. The result would be relief for our farmers and a first step toward redefining the American-Cuban relationship. While my bill, the Cuba Trade Act, accomplishes the ultimate goal or lifting the embargo completely, passing Rep. Crawford’s bill can, and should, happen immediately,” He also pointed out how the failed U.S. policy towards the Island has had a negative impact on the Cuban and U.S. peoples.

Representative Crawford stated, “For years the United States has had an estranged relationship with Cuba and for years we’ve seen no reversal in the tactics used by Cuba’s oppressive government. Trade with Cuba is a vessel that will create change in Cuba and bring economic opportunity to American farmers. Most Americans agree that it’s time to lift the embargo on Cuba and Congress needs to meet that desire by working to pass my bill, H.R. 525 and others like it.”

Representative Marshall said, “With an open market to Cuba, Kansas could top $55 million in additional sales. While we are renegotiating our trade deals, we have a $2 billion market untouched right under our nose. It is time to throw support behind this mutually beneficial economic opportunity. It is through leadership in Congress, and discussions like this roundtable that we will begin to make these lasting changes.”

The Cuban Ambassador thanked the Senator and Congressmen for their leadership in this topic, highlighted that Cuba is an ideal market for American products and underscored the existing potential for agricultural and trade relations between both countries. He also recalled that Cuba and the United States signed two memoranda of understanding in the field of agriculture in 2016 and 2017, which are still valid.

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

[1] Cuba Foreign Ministry, Experts debate about Cuba-US collaboration in topics such as environmental sustainability and historic preservation (June 6, 2018); Ocean Doctor, Advancing Environmental Sustainability and Historic Preservation in Cuba (June 4, 2018).

[2]  Cuba Foreign Ministry, U.S. Legislators advocate for trade relations with Cuba, Granma (June 8, 2018); Rep. Marshall: AR, MN, KS Lead Trade Talks with Cuba Ambassador (June 8, 2018).

 

Pentagon Planning for Long-Term Continued Use of Guantanamo Bay, Cuba                                                                                                            

U.S. military officials this week told journalists that the U.S. was planning major improvements at Guantanamo Bay. They included a new dining hall with a lifespan of 20 years for guards at the detention center; barracks costing $150 million with a lifespan of 50 years; and a new super-max prison unit to replace one (Camp 7) that is in need of major repairs. [1]

Adm. John Ring, commander of the task force that runs the detention facility or prison, said, “Now my mission is enduring. So I have all sorts of structures that I have been neglecting or just getting by with that now I’ve got to replace.”

These thoughts were echoed by the commander of the guard force, Army Col. Stephen Gabavics, who said, “We’ve got to plan for the long term. We ultimately have to plan for whether or not they [the detainees] are going to be here for the rest of their lives.” He added, “We have the responsibility for the detainees that we have here, regardless of what the political flavor is outside there. We have the responsibility to provide for their safety, care and custody so all that we ask is that we get the resources we need to be able do that.”

Now there are 40 detainees at Guantanamo: five “who have been deemed eligible for transfer;” nine who have been charged in the military commission system and are in proceedings at various stages; and 26 who have neither been charged nor deemed eligible for transfer and who  are being held in indefinite detention under what the U.S. asserts are the international laws of war. Of these, 15 are being held in Camp 7, the super-max unit for “high-value detainees” who were previously in CIA custody.

Conclusion

These U.S. thoughts and plans totally ignore the world-wide outrage over the U.S. operation of this detention facility, the continuing challenges to these operations under U.S. and international law; and Cuba’s repeated insistence that the U.S. continued use of Guantanamo Bay, especially the detention facility, is an illegal occupation. The U.S., on the other hand, has a non-frivolous argument that the use of the territory is legal under Cuba’s 1903 lease of same to the U.S. This blogger has proposed an international arbitration to resolve this dispute and with the ultimate solution being an agreement for a new lease at a much higher annual rental and with conditions on the U.S. use of the facility.[2]

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

[1] Assoc. Press, US Military Plans for Future at Guantanamo Because of Trump, N.Y. Times (June 7, 2018).

[2]  These and other issues are discussed in the posts listed in the “U.S. & Guantanamo Bay, Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA.

More Unkind Words About Cuba from Vice President Mike Pence

On Monday night (June 4), U.S. Vice President Mike Pence hosted a reception at the White House for delegates to the OAS General Assembly, which met June 4 and 5 with most attention on the U.S.-led effort to suspend Venezuela’s OAS membership.[1]

Most of Pence’s remarks at the reception, therefore, concerned Venezuela. But he managed to interject these unkind words about Cuba: “In Cuba, the Castro name has begun to fade, but under a handpicked successor, their legacy endures and the oppressive police state they established is ever-present.  Under President Donald Trump, America will always stand for Que Viva Cuba Libre.”[2]

Conclusion

Those of us who support normalization and reconciliation with Cuba need to be vigilant in monitoring and combatting the anti-Cuba policies and rhetoric from the Trump Administration and its allies like Senator Marco Rubio (Rep., FL).

This blogger leaves to others the challenge of doing the same with respect to Venezuela.[3]

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

[1] White House, Remarks by Vice President Pence at Organization of American States Reception (June 4, 2018).

[2] Such rhetoric from Pence is not unique, just this year, as discussed in earlier posts: U.S.-Cuba Skirmishes at the Summit of the Americas (April 17, 2018); U.S. Reactions to the New President of Cuba (April 23, 2018); More Hostile Comments About Cuba from U.S. Vice President Pence and U.S. Ambassador to the Organization of American States (May 9, 2018).

[3] A prior post mentioned Secretary of State Mike Pompeo’s anti-Cuba rhetoric at the first day of the OAS General Assembly on June 4 while also discussing the Assembly’s consideration of the Venezuela issue. (U.S. Statement About Cuba at Organization of American States’ General Assembly (June 4, 2018).)

U.S. Establishes Task force To Coordinate Response to Health Problems of U.S. Diplomats in Cuba and China 

On May 23, the U.S. State Department established the Health Incidents Response Task Force to coordinate a response to unexplained health problems affecting some diplomats stationed in Havana, Cuba and in China.[1]

As the Department’s press release stated, this group will “direct a multi-agency response to the unexplained health incidents that have affected a number of U.S. government personnel and family members stationed overseas” and coordinate “Department and interagency activities, including identification and treatment of affected personnel and family members, investigation and risk mitigation, messaging, and diplomatic outreach.” This Task Force “includes interagency partners, such as the Departments of Health and Human Services, Commerce, Justice, Defense and Energy, as well as other members of the foreign affairs community.”

As has been noted in previous posts, 24 U.S. personnel and family members who had served in Cuba have been “medically-confirmed as having symptoms and clinical findings similar to those noted following concussion or minor traumatic brain injury.[2] In addition, on May 16, 2018, “a U.S. government employee serving in China was medically-confirmed with similar findings.”

This Task Force, at least initially, ignores the recent request by an eminent Cuban scientist for the creation of a joint task force of Canadian, Cuban and U.S. scientists and medical personnel to conduct an investigation of these medical issues.[3]

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

[1] U.S. State Dep’t, Establishment of the Health Incidents Response Task Force (June 5, 2018); Reuters, U.S. Sets Up Task force Over Unexplained Diplomatic Heath Incidents, N.Y. Times (June 5, 2018).

[2] Previous posts about the medical incidents of U.S. diplomats in Cuba may be found in the “U.S. Diplomats Medical Problems in Cuba, 2017-18” section of List of Posts to dwkcommentaries—Topical: CUBA.

[3] Cuban Scientist Calls for U.S., Canada and Cuba Joint Investigation of Medical Problems of U.S. and Canadian Diplomats in Cuba, dwkcommentaries.com (May 30, 2018).