Tag: Ecuador

U.S. Ends Special Immigration Benefits for Cubans

On January 12, the U.S. announced that it is ending, effectively immediately, the “dry foot” immigration policy for Cubans and the Cuban Medical Professional Parole Policy. Below we will examine these cancelled policies, the U.S. announcement of the policy changes, Cuba’s announcement of the U.S. policy changes and reactions to the changes.

The Cancelled U.S. Policies[1]

The “dry feet” policy has allowed any Cuban who arrived on land (with “dry feet”) at a U.S. point of entry to come into the U.S. and, absent negative factors, qualify for U.S. permanent residency status after one year. This policy originated soon after the early years of the Cuban Revolution before the U.S. in 1967 had ratified the international treaty on refugees and before it had adopted in 1980 a statute implementing that treaty (the Refugee Act of 1980) and when the U.S. assumed that all Cubans arriving in the U.S. were fleeing persecution.

This policy originally included Cubans who were intercepted on the water by the U.S. Coast Guard. However, in response to the Cuban Government’s legitimate concerns about the personal safety of Cubans attempting to reach the U.S. on unsafe boats, the U.S. (Bill Clinton Administration) and Cuba on September 9, 1994, reached an agreement whereby the U.S. would return to Cuba its nationals who were intercepted at sea, i.e., who had “wet feet.”

The U.S. Cuban Medical Professional Parole Policy, which was adopted on August 11, 2006, allowed “Cuban medical personnel conscripted to study or work in a third country under the direction of the Cuban government to enter the U.S.” It was available to “health-care providers who are sent by the [Cuban government] to work or study in third countries and who . . . are often denied exit permission by the Cuban Government to come to the [U.S.] when they qualify under other established legal channels to migrate from Cuba. Doctors, nurses, paramedics, physical therapists, lab technicians and sports trainers are examples of groups that may qualify for the . . . program.”

U.S. Announcement of the Change[2]

 On January 12 President Obama announced that the U.S. “is ending the so-called “wet-foot/dry foot” policy, which was put in place more than twenty years ago and was designed for a different era.  Effective immediately, Cuban nationals who attempt to enter the [U.S.] illegally and do not qualify for humanitarian relief will be subject to removal, consistent with U.S. law and enforcement priorities.  By taking this step, we are treating Cuban migrants the same way we treat migrants from other countries. The Cuban government has agreed to accept the return of Cuban nationals who have been ordered removed, just as it has been accepting the return of migrants interdicted at sea.”

The President also said the U.S. is “ending the Cuban Medical Professional Parole Program. 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.”[3]

This termination follows months of negotiations with the Cuban government over the latter’s agreeing to accept returning Cubans.

Nearly simultaneously with the President, Jeh Johnson, the Secretary of the U.S. Department of Homeland Security (DHS), which includes the U.S. Immigration and Customs Enforcement (ICE), issued a statement: “To the extent permitted by the current laws of our two countries, the [U.S.] will now treat Cuban migrants in a manner consistent with how it treats others; unauthorized migrants can expect to be removed unless they qualify for humanitarian relief under our laws.”  The Department also released a Fact Sheet and the Joint Statement of the two governments about the change. Johnson pointed out that Cuba will take back citizens as long as less than four years have passed between the time the migrant left Cuba and the start of the U.S. deportation proceedings.

These changes do not affect U.S. law regarding “refugees” fleeing persecution in their home countries. Thus, if a Cuban fears “persecution” upon returning to the island, then the individual may apply for asylum in the U.S. as a “refugee” under international and U.S. law if the individual can establish that he or she has a “well-founded fear” of “persecution” in Cuba “due to” his or her “political opinion, race, religion, nationality or membership in a particular social group.” (Statutory words are in quotes.) They may do so in the U.S. or at an U.S. embassy or consulate in another country.[4]

Cuban Announcement of the Change[5]

Welcoming this change, the Cuban Government stated, “After nearly a year of negotiation and encouraged by the restoration of diplomatic relations on July 20, 2015, based on mutual respect and political will to strengthen these links and establish new understandings on various issues of common interest, [the two] governments were able to concretize this commitment that should contribute to the normalization of migration relations. . . .”

The U.S. “wet foot-dry foot” policy gave Cubans “preferential and unique treatment not received by citizens of other countries, so it was also an incitement to illegal departures. Its implementation and that of other policies led to migratory crises, kidnapping of ships and aircraft and the commission of crimes, such as trafficking in migrants, trafficking in persons, immigration fraud and the use of violence with a destabilizing extraterritorial impact on other countries of the region [that were] used [for] transit to arrive at American territory.”

This change will meant that the U.S., “consistent with its laws and international norms, shall return to the Republic of Cuba, and the Republic of Cuba, consistent with its Laws and international norms, will receive all Cuban citizens, who . . . are detected by the competent authorities of the [U.S.] when they tried to enter or stay irregularly in that country, violating its laws.”

The U.S. “Parole Program for Cuban Medical Professionals, which 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.”

It “will also be necessary for the U.S. Congress to repeal the Cuban Adjustment Act of 1966.”

Unaffected are prior agreements “to prevent illegal departures by sea and to return to Cuba all persons who are intercepted in those acts or who enter the Guantánamo Naval Base. The Government of the United States will continue to guarantee regular migration from Cuba with a minimum of 20,000 people per year.”

“Both governments agreed to apply their migration laws in a non-selective manner and in accordance with their international obligations. They also undertook to prevent risky exits that endanger human life, to prevent irregular migration and to combat violence associated with such manifestations, such as trafficking and trafficking in persons.” In addition, “the parties will promote effective bilateral cooperation to prevent and prosecute those involved in trafficking in persons, as well as crimes associated with migratory movements, which endanger their national security, including the hijacking of aircraft and vessels.”

“In keeping with its international obligations and its legislation, the Government of the Republic of Cuba ratifies its commitment to guarantee regular, safe and orderly migration, as well as to fully comply with this new agreement for which the corresponding measures have been taken internally. It will continue to guarantee the right to travel and emigrate to Cuban citizens and to return to the country, in accordance with the requirements of immigration law.”

The Cuban Government also published the Joint Statement of the two governments as had DHS in the U.S.

At a press conference on January 12 Josefina Vidal, the Cuban Foreign Ministry official responsible for relations with the U.S., said that the joint “agreement recognizes the need to facilitate regular migration for the benefit of both countries, to prevent irregular migration and to prevent risky exits that endanger human life and to combat violence associated with this phenomenon and related offenses, such as trafficking in persons and trafficking in persons.”

Vidal was joined by Gustavo Machin, the Deputy Director of the United States Department of the Cuban Foreign Ministry, who summarized the joint agreement. He added that “Cuba will accept that persons who were included in the list of 2,746 Cuban citizens who migrated by the port of Mariel in 1980 [“the Mariel boat lift”] and were considered ineligible to remain in the [U.S.], . . and [those] who cannot now be returned will be replaced by other persons and returned to Cuba. Cuba will also consider receiving other Cuban citizens who are currently in the [U.S.], who violated [U.S.] laws and whom U.S. authorities have determined cannot remain in its territory.”

 Reactions to the Change[6] 

As to be expected, U.S. congressional response was mixed.

Senator Patrick Leahy (Dem, VT) said, “This is a welcome step in reforming an illogical and discriminatory policy that contrasted starkly with the treatment of deserving refugees from other countries.” Senator Jeff Flake (Rep., AZ) stated that eliminating the policy “is in our national interest. It is a win for taxpayers, border security, and our allies in the Western Hemisphere. It’s a move that brings our Cuba policy into the modern era while allowing the United States to continue its generous approach to those individuals and refugees with a legitimate claim for asylum.”

Representative Kathy Castor (Dem., FL) and co-author of a bill to end the embargo (H.R.-442), https://dwkcommentaries.com/2017/01/12/representatives-emmer-and-castor-introduce-bill-to-end-embargo-of-cuba/ said, ““The end of the “wet foot/dry foot” policy should be followed by congressional action to lift the outdated economic embargo and improve economic conditions for everyday Cubans. . . . I have witnessed how the ‘wet foot, dry foot’ policy created an uneven playing field for immigrants from other Caribbean nations who are also seeking the opportunity to pursue the American dream.    I have also seen Cubans who try to come here for short term visits to see family members negatively affected by ‘wet foot/dry foot.’  The change in policy today will help ensure that we can have safer and more orderly migration with all of our Caribbean neighbors.”

Senator Marco Rubio (Rep., FL) said that the incoming Trump administration should reverse the part of the executive order ending the medical parole system and that there should be assurances that Cubans “who arrive here to escape political persecution are not summarily returned to the regime [but] . . . are given a fair opportunity to apply for and receive political asylum.”

Representative Illeana Ros-Lehtinen, a Florida Republican who emigrated from Cuba as a child, decried the elimination of the medical parole programs, calling it a “foolhardy concession to a regime that sends its doctors to foreign nations in a modern-day indentured servitude.”

According the Senator Robert Menendez (Dem., NJ), “Today’s announcement will only serve to tighten the noose the Castro regime continues to have around the neck of its own people.” He added, “The Obama administration seeks to pursue engagement with the Castro regime at the cost of ignoring the present state of torture and oppression, and its systematic curtailment of freedom.”

A positive view of the change was taken by Peter Kornbluh, a co-author of “Back Channel to Cuba,” which recounts the secret negotiations between the United States and Cuban governments that forged the policy of engagement. He said, “The exceptionalism of the ‘wet foot, dry foot’ policy toward Cuba is a relic of the Cold War, and this decision by the administration is really its final effort to normalize an area of interaction between Cuba and the United States, migration, that is clearly in need of normalization.”

James Williams, the President of Engage Cuba, the leading coalition of private companies and organizations working to end the travel and trade embargo on Cuba, said these changes are “a logical, responsible, and important step towards further normalizing relations with Cuba. The ‘wet foot, dry foot’ policy has been an enduring problem that decades of hostility and isolation failed to solve. This change, which has long had strong bipartisan support, would not have been possible without the re-establishment of diplomatic relations with Cuba.”

Phil Peters, president of the Cuba Research Center, said that the number of Cubans entering the United States is actually much higher because tens of thousands more overstay their visitor visas and still others migrate legally. “This is a favor to Trump because it’s a tough measure to take, but it’s the right measure to take,” Mr. Peters said. “These are economic migrants coming here that, unlike any other nationality, get a big package of government benefits without any justification.”

Kevin Appleby of the Center for Migration Studies of New York praised the specific change, while questioning the broader rules covering asylum. “The good news is that it ensures equal treatment between Cubans and asylum-seekers from other nations,” he said. “The bad news is that our asylum system is broken and does not afford adequate due process and protection to those who need it.”

Support for this change of policy also was voiced by Pedro Freyre, the chair of the international practice group of the Washington, D.C. office of law firm Akerman LLP. He observed, “This partially closes Cuba’s escape valve and will put pressure on Cubans to move forward more rapidly with reforms.” For years, he said, the last resort for Cubans frustrated with the lack of opportunity on the island has been to hire a “lanchero,” or people smuggler and attempt to reach the U.S. “Now they will have to look inward to see what they can do to fix Cuba.” The same opinion was offered by Jorge Mas, president of the Cuban American National Foundation, who welcomed the change and said it would pressure the Cuban government to improve conditions on the island.

Average Cubans and opponents of the island’s communist leaders said they expected pressure for reform to increase with the elimination of a mechanism that siphoned off the island’s most dissatisfied citizens and turned them into sources of remittances supporting relatives who remained on the island. This point was emphasized by Benjamin Rhodes, White House Deputy National Security Advisor and a principal negotiator of the rapprochement, saying, “It’s important that Cuba continue to have a young, dynamic population that are clearly serving as agents of change.”

Last year thousands of Cubans who were seeking to reach the U.S. border with Mexico and to come into the U.S. with “dry feet” created major logistical and financial problems for Mexico, Guatemala, Honduras, El Salvador, Nicaragua, Costa Rica and Panama and to a lesser extent Colombia and Ecuador. This naturally upset the governments of those countries, especially when their citizens were not eligible for these U.S. immigration policies.

Therefore, these governments welcome the U.S. terminating the policies. El Salvador’s foreign ministry said, “There cannot be migrants of different categories.” Honduras said it would wait to see if the flow of Cubans actually declined.

Cubans who had left their homeland and were now trying to reach U.S. soil when the decision was announced lamented the policy change. “It has fallen on us like a bucket of water because were never thought that at this point and with so little time before Obama leaves office that his government would make this horrible decision,” said Eugenia Diaz Hernandez, a 55-year-old Cuban in Panama whose voyage with her daughter and granddaughter had taken her through Guyana, Brazil, Peru, Ecuador and Colombia. “We are adrift.” Another Cuban, Jose Enrique Manreza, who ran a soda warehouse in Havana, is now stranded in Mexico, after selling his house and belongings in Cuba to raise $10,000 for his journey to reach the U.S. “Imagine how I feel, after I spent six days and six nights running through rivers and jungles in the humidity.”

Conclusion

This policy change, in my opinion, was long overdue. I pray and hope that the incoming Trump Administration will not reverse this change.

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[1] U.S. Dep’t of State, Cuban Medical Professional Parole Program (Jan. 26, 2009)  See generally posts listed in the “Cuba Migration to U.S.” and “Cuban Medical Personnel & U.S.” sections of List of Posts to dwkcommentaries.com—Topical: Cuba.

[2] White House, Statement by the President on Cuba Policy Changes (Jan. 12, 2017); Dep’t Homeland Security, Statement by Secretary Johnson on the Continued Normalization of Our Migration Relationship with Cuba (Jan. 12, 2017); Dep’t Homeland Security, Fact Sheet: Changes to Parole and Expedited Removal Policies Affecting Cuban Nationals (Jan. 12, 2017); Dep’t Homeland Security, Joint Statement [of U.S. and Cuba regarding changes in U.S. immigration policies] (Jan. 12, 2017); Reuters, Obama Administration Ends Special Immigration Policy for Cubans, N.Y. Times (Jan. 12, 2017); Assoc. Press, Obama Ends Visa-Free Path for Cubans Who Make It to U.S. Soil, N.Y. Times (Jan. 12, 2017); Caldwell & Pace (AP), Obama making change to Cuban immigration policy, Wash. Post (Jan. 12, 2017); DeYoung, Obama ending ‘wet-foot, dry foot’ policy allowing Cubans reaching U.S. soil to stay and receive residency, Wash. Post (Jan. 12, 2017); Davis & Robles, Obama Ends Exemption for Cubans Who Arrive Without Visas, N.Y. Times (Jan. 12, 2017); Lee, Schwartz & Córdoba, U.S. Ends ‘No-Visa’ Era for Cuban Emigrés, W.S. J. (Jan. 12, 2017).

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

[4] Convention Relating to the Status of Refugees, Art. I (A); 8 U.S.C. §1101(a)(42); See generally the following dwkcommentaries.com blog posts: Refugee and Asylum Law: Modern Era (July 9, 2011); Refugee and Asylum Law: Office of U.N. High Commissioner for Refugees (July 10, 2011); Becoming a Pro Bono Asylum Lawyer (May 24, 2011);Teaching the International Human Rights Course (July 1, 2011).

[5] Cuba Foreign Ministry, Declaration of Revolutionary Government (Jan. 12, 2017); Cuba Foreign Ministry, Joint Declaration Cuba-United States (Jan. 12, 2017); Cuba ratifies its commitment to regular, safe and orderly migration, Granma (Jan. 12, 2017); Assoc. Press, Havana Hails End to Special US Immigration Policy for Cubans, N.Y. Times (Jan. 13, 2017).

[6] Flake Statement on Elimination of Wet Foot, Dry Foot Policy (Jan. 12, 2017); Menendez Statement on Latest Cuba Policy Changes (Jan. 12, 2017); Rubio Comments on Obama Administration Changes to Cuba Policy (Jan. 12, 2017);Castor, Statement on Ending “Wet Foot/DryFoot” (Jan. 12, 2017); Engage Cuba Statement on Administration ‘Wet Foot, Dry Foot’ Policy Announcement (Jan. 12, 2017);Ben Rhodes: ‘There is bipartisan support’ for Congress to repeal the Adjustment Act, Diario de Cuba (Jan. 13, 2017); Wheaton, Obama’s shift on Cuban immigrants could put Trump in a bind, Politico (Jan. 12, 2017); Reuters, Cubans on Road to U.S. Distraught About Newly Closed Border, N.Y. Times (Jan. 13, 2017).

 

 

 

Another U.N. Condemnation of the U.S. Embargo of Cuba

                                                                                       O

U.N. General Assembly
U.N. General Assembly

On October 26, the United Nations General Assembly voted, 191 to 0 (with two abstentions), to adopt a resolution proposed by Cuba to condemn the United States embargo of Cuba. For the first time in the 25-year history of the annual vote on such resolutions, the U.S, rather than opposing the text, cast an abstention, prompting Israel to do likewise.[1]

This post will examine the resolution’s text, its presentation by Cuba, its support by other countries and the arguments for abstention offered by the U.S. and Israel. This post will then conclude with a brief discussion of reaction to the abstention in the U.S. Prior posts discussed the similar General Assembly resolutions against the embargo that were adopted in 2011, 2014 and 2015.

The Actual Resolution

The actual resolution, “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba” (A/RES/71/5 and A/71/L.3) had two principal operative paragraphs.

It reiterated “its call upon all States to refrain from promulgating and applying laws and measures [like the U.S. embargo against Cuba] . . . in conformity with their obligations under the Charter of the United Nations and international law, which, inter alia, reaffirm the freedom of trade and navigation (¶ 2). It also urged “States that have and continue to apply such laws and measures to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime (¶ 3).

The resolution’s preamble reaffirmed “the sovereign equality of States, non-intervention and non-interference in their internal affairs and freedom of international trade and navigation, which are also enshrined in many international legal instruments” and recited the previous General Assembly resolutions against the embargo. It then welcomed “the progress in the relations between the Governments of Cuba and the [U.S.] and, in that context, the visit of the President of the [U.S.], Barack Obama, to Cuba in March 2016” while also recognizing “the reiterated will of the President of the [U.S.] to work for the elimination of the economic, commercial and financial embargo against Cuba” and “the steps taken by the [U.S.] Administration towards modifying some aspects of the implementation of the embargo, which, although positive, are still limited in scope.”

Cuba’s Presentation of the Resolution

Bruno Rodriguez
Bruno Rodriguez

Speaking last in the debate, Cuba’s Foreign Minister Bruno Rodriguez Parrilla, presented arguments for adopting the resolution. Here are extracts of that speech:

“[T]here has been progress [between Cuba and the U.S. since December 2014] in the dialogue and cooperation on issues of common interest and a dozen agreements were signed [and] reciprocal benefits reported. Now just announced the vote of the US abstention on this draft resolution.”

“The [U.S.] president and other top officials have described [the embargo/blockade] as obsolete, useless to advance American’s interests, meaningless, unworkable, being a burden for [U.S.] citizens, . . . [harming] the Cuban people and [causing]. . . isolation to the [U.S.] and [have] called [for the embargo/blockade] to be lifted.”

“We recognize that executive measures [to reduce the scope of the embargo] adopted by the government of the [U.S.] are positive steps, but [have] very limited effect and scope. However, most of the executive regulations and laws establishing the blockade remain in force and are applied rigorously to this minute by U.S. government agencies.”

“Meanwhile, the U.S. Congress has not approved any of the 20 amendments or legislative initiatives, with bipartisan support, . . . [for] eliminating some restrictions of the blockade or even all of this policy. [Moreover,] there have been more than 50 legislative initiatives that threaten to reinforce key aspects of the blockade, preventing the President [from] approving new executive or implementing measures already adopted.”

“It cannot be underestimated in any way the powerful political and ethical message that [action by this Assembly] . . . sends to the peoples of the world. The truth always [finds] its way. Ends of justice prevail. The abstention vote announced surely is a positive step in the future of improved relations between the[U.S.] and Cuba. I appreciate the words and the efforts of Ambassador Samantha Power.”

“[There] are incalculable human damages caused by the blockade. [There is no] Cuban family or industry in the country that does not suffer its effects on health, education, food, services, prices of goods, wages and pensions.” For example, the “imposition of discriminatory and onerous conditions attached to the deterrent effects of the blockade restrict food purchases and the acquisition in the U.S. market for drugs, reagents, spare parts for medical equipment and instruments and others.”

“The [embargo/] blockade also [adversely] affects the interests of American citizens themselves, who could benefit from various services in Cuba, including health [services].”

“The [embargo/] blockade remains a massive, flagrant and systematic violation of human rights of all Cubans and qualifies as an act of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide of 1948. It is an obstacle to cooperation [in] international humanitarian areas.”

“The blockade is the main obstacle to economic and social development of our people. It constitutes a flagrant violation to international law, the United Nations Charter and the Proclamation of Latin America and the Caribbean as a Zone of Peace. Its extraterritorial application adds further to its violation of international law nature of magnitude.”

“Other causes, in addition to [the blockade/embargo] . . . , determine our economic difficulties: the unjust international economic order; the global crisis; the historical distortions and structural weaknesses caused by underdevelopment; high dependence on energy and food imports; the effects of climate change and natural disasters; and also . . . our own mistakes.”

“Between April 2015 and March 2016, the direct economic damage to Cuba by the blockade amounted to $4.68 billion at current prices, calculated rigorously and prudently and conservatively. The damages accumulated over nearly six decades reach the figure of $753 billion, taking into account depreciation of gold. At current prices, [that is] equivalent to just over $125 billion.”

“On 16 April 2016 President Raul Castro Ruz said, ‘We are willing to develop a respectful dialogue and build a new relationship with the [U.S.], as that has never existed between the two countries, because we are convinced that this alone . . . [will provide] mutual benefits.’ And last September 17, he said ‘I reaffirm the will to sustain relations of civilized coexistence with the [U.S.], but Cuba will not give up one of its principles, or make concessions inherent in its sovereignty and independence.’”

“The government of the [U.S.] first proposed the annexation of Cuba and, failing that, to exercise their domination over it. The triumph of the Cuban Revolution . . . [prompted the U.S. adoption of the embargo whose purpose] was ‘to cause disappointment and discouragement through economic dissatisfaction and hardship … to deny Cuba money and supplies, in order to reduce nominal and real wages, with the aim of causing hunger, desperation and overthrow of government. ‘”

“The [new U.S.] Presidential Policy Directive [states] that the Government of the [U.S.] recognizes ‘the sovereignty and self-determination of Cuba’ and [the right of] the Cuban people to make their own decisions about their future.’” It also states “the U.S. will not seek a ‘change of regime in Cuba.’”[2]

But the Directive also says “’the [U.S.] will support the emerging civil society in Cuba and encourage partners and non-governmental actors to join us in advocating in favor of reforms. While the United States remain committed to supporting democratic activists, [we] also [will] participate with community leaders, bloggers, activists and other leaders on social issues that can contribute to the internal dialogue in Cuba on civic participation.’ The Directive goes on to say: “The [U.S.] will maintain our democracy programs and broadcasting, while we will protect our interests and values, such as Guantanamo Naval Base … The government of the United States has no intention of modifying the existing lease agreement and other related provisions.’”

The Directive also asserts that Cuba “remains indebted to the [U.S.] regarding bilateral debts before the Cuban Revolution.”

The U.S. needs to “recognize that change is a sovereign matter for Cubans alone and that Cuba is a truly independent country. It gained its independence by itself and has known and will know how to defend [its] greatest sacrifices and risks. We are proud of our history and our culture that are the most precious treasure. We never forget the past because it is the way never to return to it. And we decided our path to the future and we know that is long and difficult, but we will not deviate from it by ingenuity, by siren songs, or by mistake. No force in the world can force us to it. We will strive to build a sovereign, independent, socialist, democratic, prosperous and sustainable nation. We will not return to capitalism.”

Other Countries’ Statements of Support[3]

During the debate the following 40 countries expressed their support of the resolution:

  • Latin America: Argentina, Bolivia, Brazil, Colombia, Costa Rica, Dominican Republic (for Commonwealth of Latin American and Caribbean States (CELAC)), Ecuador, El Salvador, Jamaica (for Caribbean Community (CARICOM)), Mexico, Nicaragua, Saint Vincent and Grenadines, Uruguay and Venezuela (for Non-Aligned Movement (NAM)).
  • Africa: Algeria, Angola, Libya, Mozambique, Namibia, Niger (for African States), South Africa, Sudan and Tonga.
  • Middle East: Egypt, Kuwait (for Organization of Islamic Conference (OIC)) and Syria.
  • Asia: Belarus, China, Democratic People’s Republic of Korea [North Korea], India, Indonesia, Iran, Lao People’s Democratic Republic, Malaysia, Myanmar, Russian Federation, Singapore (for Association of Southeast Asian Nations (ASEAN)), Thailand (for Group of 77 and China) and Viet Nam.
  • Europe: Slovakia (for European Union (EU)).

U.S. Abstention[4]

Samantha Power
Samantha Power

The U.S. Ambassador and Permanent Representative to the United Nations, Samantha Power, announced the U.S. abstention before the debate and voting on the resolution. Here are extracts of her speech about that vote.

“For more than 50 years, the [U.S.] had a policy aimed at isolating the government of Cuba. For roughly half of those years, U.N. Member States have voted overwhelmingly for a General Assembly resolution that condemns the U.S. embargo and calls for it to be ended. The [U.S.] has always voted against this resolution. Today the [U.S.] will abstain.”

“In December 2014, President Obama made clear his opposition to the embargo and called on our Congress to take action to lift it. Yet while the Obama Administration agrees that the U.S. embargo on Cuba should be lifted, . . . we don’t support the shift for the reason stated in this resolution. All actions of the [U.S.] with regard to Cuba have been and are fully in conformity with the U.N. Charter and international law, including applicable trade law and the customary law of the sea. We categorically reject the statements in the resolution that suggest otherwise.”

“But [today’s] resolution . . . is a perfect example of why the U.S. policy of isolation toward Cuba was not working – or worse, how it was actually undermining the very goals it set out to achieve. Instead of isolating Cuba, . . . our policy isolated the [U.S.], including right here at the [U.N.].”

“Under President Obama, we have adopted a new approach: rather than try to close off Cuba from the rest of the world, we want the world of opportunities and ideas open to the people of Cuba. After 50-plus years of pursuing the path of isolation, we have chosen to take the path of engagement. Because, as President Obama said in Havana, we recognize that the future of the island lies in the hands of the Cuban people.”[5]

“Abstaining on this resolution does not mean that the [U.S.] agrees with all of the policies and practices of the Cuban government. We do not. We are profoundly concerned by the serious human rights violations that the Cuban government continues to commit with impunity against its own people – including arbitrarily detaining those who criticize the government; threatening, intimidating, and, at times, physically assaulting citizens who take part in peaceful marches and meetings; and severely restricting the access that people on the island have to outside information.”

“We [,however,] recognize the areas in which the Cuban government has made significant progress in advancing the welfare of its people, from significantly reducing its child mortality rate, to ensuring that girls have the same access to primary and secondary school as boys.”

“But none of this should mean that we stay silent when the rights of Cuban people are violated, as Member States here at the [U.N.] have too often done. That is why the [U.S.] raised these concerns directly with the Cuban government during our [recent] historic dialogue on human rights . . ., which shows that, while our governments continue to disagree on fundamental questions of human rights, we have found a way to discuss these issues in a respectful and reciprocal manner.[6] We urge other Member States to speak up about these issues as well.”

“As President Obama made clear when he traveled to Havana, we believe that the Cuban people – like all people – are entitled to basic human rights, such as the right to speak their minds without fear, and the right to assemble, organize, and protest peacefully. Not because these reflect a U.S.-centric conception of rights, but rather because they are universal human rights – enshrined in the U.N. Charter and in the Universal Declaration of Human Rights – which all of our 193 Member States are supposed to respect and defend. Rights that are essential for the dignity of men, women, and children regardless of where they live or what kind of government they have.”

The U.S. concedes that it “has work to do in fulfilling these rights for our own citizens. And we know that at times in our history, U.S. leaders and citizens used the pretext of promoting democracy and human rights in the region to justify actions that have left a deep legacy of mistrust. We recognize that our history, in which there is so much that makes us proud, also gives us ample reason to be humble.”

“The [U.S.] believes that there is a great deal we can do together with Cuba to tackle global challenges. That includes here at the [U.N.], where the decades-long enmity between our nations has at best been a distraction – and at worst, an obstacle – to carrying out some of the most important work of this institution and helping the world’s most vulnerable people.”

U.S. Reactions[7]

Engage Cuba, a U.S. national coalition of private companies, organizations and state and local leaders working to lift the embargo, said, “Year after year, the international community has condemned our failed unilateral sanctions that have caused great economic hardship for the people of Cuba and continue to put American businesses at a competitive disadvantage. The fact that the Administration and Israel abstained from voting for the first time ever demonstrates the growing recognition that the U.S. embargo on Cuba is a failed, obsolete policy that has no place in today’s international affairs.”

Senator Marco Rubio (Rep., FL), on the other hand, blasted the abstention, saying the Obama administration had failed to honor and defend U.S. laws in an international forum. Similar negative reactions were registered by Senators Ted Cruz (Rep., FL) and Robert Menendez (Dem., NJ), Republican Representatives from Florida, Ileana Ros-Lehtinen and Mario Diaz-Balart, and the U.S.-Cuba Democracy PAC.

As an U.S. citizen-advocate for ending the embargo as soon as possible, I am pleased with the U.S. abstention and agree with Ambassador Power that this vote does not mean the U.S. agrees with the resolution’s stated reasons.

Moreover, too many in the U.S. believe the Cuban damages claim from the embargo is just a crazy Cuban dream, but I disagree. Given the amount of the claim, Cuba will not someday tell the U.S. to forget it. A prior post, therefore, suggested that the two countries agree to submit this and any other damage claims by both countries for resolution by an independent international arbitration panel such as those provided by the Permanent Court of Arbitration at the Hague in the Netherlands.

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[1] U.N. Press Release, U.S. abstains for first time in annual UN vote on ending embargo against Cuba (Oct. 26, 2016).

[2] A prior post replicated the Presidential Policy Directive while another post provided reactions thereto.

[3] U.N. Press Release, General Assembly Plenary (Oct. 26, 2016); The defeat of the blockade is the world’s largest moral and political victory for the people of Cuba against the empire, Granma (Oct. 26, 2016) (Venezuela’s statement); Today not only do we vote against the blockade, we voted for hope, Granma (Oct. 26, 2016) (Bolivia’s statement).

[4] Ambassador Power, Remarks at a UN General Assembly Meeting on the Cuban Embargo (Oct. 26, 2016).  Israel, which also abstained, merely said that it welcomed the improved U.S.-Cuba relations and hoped it would lead to a new era in the region.

[5] A prior post reviewed President Obama’s eloquent speech in Havana to the Cuban people.

[6] A prior post reviewed the limited public information about the recent human rights dialogue.

[7] Ordońez, For 1st time, U.S. changes its position on U.N. resolution blasting Cuba trade embargo, InCubaToday (Oct. 26, 2016); Engage Cuba, Press Release: Engage Cuba Praises First Ever Unanimous Passage of United Nations Resolution Condemning the Cuban Embargo (Oct. 26, 2016); Lederer & Lee, US abstains in UN vote on Cuba embargo for the first time, Wash. Post (Oct. 26, 2016); Rubio, Rubio: Obama Admin Ignoring U.S. Law on Cuba Embargo, Giving More Concessions to Castro Regime at U.N. (Oct. 26, 2016).

U.N. Human Rights Council Members Call for Venezuela To Engage with Political Opposition   

At the September 29 meeting of the United Nations Human Rights Council, Paraguay led 29 countries, including the U.S. and the U.K., in presenting a statement that reiterated their “commitment to assist, within the framework of international law, to ensuring that Venezuelans fully enjoyed their civil, political, economic, social, and cultural rights.  The disposition of the Holy See to contribute to facilitating dialogue was welcomed.  Concern was expressed at reports of repression of the voices of the opposition and excessive force used against peaceful protesters and journalists.” The statement also urged all parties in Venezuela to hold a “timely and effective dialogue,” either directly or via facilitators, “to preserve peace and safety, to ensure the full respect of human rights, due process, the separation of powers and the consolidation of a representative democracy” and to release political prisoners.[1]

Not surprisingly Venezuela opposed this statement. It alleged that “the statement [was] authored by the United States . . . [and] constituted a brazen interference into the internal affairs of Venezuela, which had been chosen as a new imperial target.”

Cuba, an ally of Venezuela and on behalf of another group of countries, opposed the statement and instead “called for respect for the sovereignty of Venezuela, in recognition of the right to choose one’s own political system, and expressed support for the Government of Venezuela in ensuring the democratic institutions of the country’s functioning.  An appeal was made to all responsible members of the international community to refrain from manifestations of interference in the internal affairs of Venezuela.” In addition, Cuba alleged that “many countries were meddling into the internal affairs of Venezuela, and Cuba would continue to oppose such attempts and to support the Constitutional President Nicolas Maduro.”

Another opponent, Nicaragua, speaking on behalf of the Bolivarian Alliance for the Peoples of Our America, asserted, “Venezuela had been a victim of an unprecedented media campaign, which aimed to disregard and hide the achievements of the Bolivarian revolution.  Those who promoted that campaign used human rights in a selective and political manner as an excuse to create conditions to destabilize the participative democracy in Venezuela.  The Group demanded full respect for Venezuela’s sovereignty.”

Two other countries spoke on the Venezuela issue. Bolivia said Venezuela “had shown the world its ability to solve differences in compliance with the principle of sovereignty” and “warned against economic sabotage of Venezuela and guarded against violence and destabilization of that country.” Ecuador encouraged the “dialogue [already] underway in Venezuela,” which “should sovereignly and freely arrive at a solution.”

At the opening of this session of the Council on September 13, U.N. High Commissioner for Human Rights Zeid Ra’ad al Hussein delivered his global update on human rights that included the following lengthy comments about Venezuela:

  • “For the past two and a half years, Venezuela has refused even to issue a visa to my Regional Representative. Its comprehensive denial of access to my staff is particularly shocking in the light of our acute concerns regarding allegations of repression of opposition voices and civil society groups; arbitrary arrests; excessive use of force against peaceful protests; the erosion of independence of rule of law institutions; and a dramatic decline in enjoyment of economic and social rights, with increasingly widespread hunger and sharply deteriorating health-care. My Office will continue to follow the situation in the country very closely, and we will state our concerns for the human rights of Venezuela’s people at every opportunity. Respect for international human rights norms can create a narrow path upon which the Government and the opposition can both tread, to address and resolve peacefully the country’s current challenges – particularly through meaningful dialogue, respecting the rule of the law and the Constitution. My Office stands ready to assist in addressing the current human rights challenges, and I thank the Secretary-General of the Organization of American States for recommending that Venezuela work with my Office on a Truth Commission, which could indeed offer the people an important voice.”[2]

Any casual observer from the U.S. and elsewhere should know that Venezuela has been experiencing exceedingly difficult economic and political problems and that most of its people are desperate for food and other essentials. Its government’s attempt to gain international support by calling and hosting a sparsely attended Summit of the Non-Aligned Movement, as discussed in a prior post, was an embarrassing failure.

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[1] U.N. Hum. Rts. Council, Human Rights Council holds general debate on technical assistance and capacity building in the field of human rights (Sept. 29, 2016); Reuters, Venezuela Urged at U.N. to Seek National Dialogue, Free Inmates, N.Y. Times (Sept. 29, 2016).

[2] Zeid’s global human rights update, U.N. Hum. Rts. Council (Sept. 13, 2016).

The Non-Aligned Movement Holds Summit in Venezuela

On September 17 in Venezuela Raúl Castro addressed the Summit of the Non-Aligned Movement (NAM), an organization of 120 states that advocates for solutions to global economic and other problems.[1] We will review that speech and the Summit’s concluding Declaration before making observations about this event.

Castro’s Speech

For Cuba, he said, “non – alignment means the struggle to radically change the international economic order imposed by the great powers, which has led to 360 people possessing a higher income than 45% of the world population annual wealth. The gap between rich and poor countries is growing. Technology transfer from North to South is an elusive aspiration.”

“Globalization mainly favors a select group of industrialized countries. The debt of southern countries multiplies. . . . [Mamy] people are pushed into unemployment and extreme poverty; millions [of] children die each year from hunger and preventable diseases; almost 800 million people cannot read or write, while more than 1.7 [billion] dollars are devoted to military spending.”

Castro reported that it has been “21 months since we announced simultaneously with President Barack Obama, the decision to restore diplomatic relations between Cuba and the United States.”

“There has been some progress, especially in the diplomatic arena and cooperation on issues of mutual interest, but has not been the same in the economic and commercial sphere, due to the limited scope, while positive, of the measures taken so far by the American government.”

“Cuba will continue to demand the lifting of the economic, commercial and financial blockade that [had caused] much damage and deprivation to Cuba and that also affects many countries for its extraterritorial scope.” Cuba also “will continue to demand that our sovereignty is returned to the territory illegally occupied by the US Naval Base in Guantanamo. Without [these and other changes by the U.S.] there can be no normal relations [between the two countries].”

Nevertheless, “we reaffirm the will to sustain civilized coexistence relations with the United States, but Cuba will not give up one of its principles, or . . . make concessions inherent in its sovereignty and independence. It will not relent in defending their revolutionary and anti-imperialist ideals, [or] in supporting self-determination of peoples.”

Castro also rejected any attempts to “regime change” and reaffirmed rejection of any country’s “resorting to aggression and use of force,” and “commitment to the principles of the United Nations Charter and International law; [to peaceful resolution of disputes] and full respect for the inalienable right of every state to choose its political, economic, social and cultural system as an essential condition to ensure coexistence among nations.”

More specifically Castro reaffirmed (a) Cuba’s “unconditional support for the government and Venezuelan people, the civil-military union and the constitutional President Nicolas Maduro Moros;” (b) Cuba’s rejection of the parliamentary “coup” in Brazil against President Dilma Rousseff; (c) Cuba’s support of Colombia’s “implementing the Agreement” with the FARQ; (d) Cuba’s support of “the people of the Syrian Arab Republic resolving their “without external interference aimed at promoting regime change, . . . “the creation of an independent Palestinian state with East Jerusalem as its capital, . . . the self-determination of the Saharawi people, . . . the historical demand of the Puerto Rican people towards self-determination and independence, . . . [and] the claim of Argentina over the Falkland Islands, South Sandwich and South Georgia;” and (e) Cuba’s congratulations to “the Islamic Republic of Iran for his work in the recently concluded mandate.”

Castro’s concluded with this assertion: “The only alternative to the enormous dangers and challenges ahead is unity and solidarity in defense of our common goals and interests.”

Summit’s Declaration[2]

The Summit’s Declaration concluded with a 21-point statement of NAM objectives: (1) consolidate and revitalize NAM; (2) consolidation of the international order; (3) the right to self-determination; (4) disarmament and international security; (5) human rights; (6) condemnation of unilateral sanctions; (7) condemnation of terrorism; (8) dialogue among civilizations; (9) support for Palestine; (10) reform of the U.N. Security Council and General assembly; (11) selection and appointment of new U.N. Secretary-General; (12) U.N. peace-keeping operations; (13) sustainable development goals; (14) promotion of education, science and technology for development; (15) climate change; (16) reforming the international economic governance; (17) South-South cooperation (18) international solidarity in combatting pandemics; (19) support for refugees and migrants; (20) young women, peace and security; and (21) new world order of information and communication.

Conclusion

These words of Raúl Castro were nothing new.

The real news from the NAM Summit was the low turn-out. Of the 120 NAM members only 13 attended, including the leaders of Cuba, Iran, Palestine, Ecuador, Bolivia and Zimbabwe and the Venezuelan host.

Venezuela’s President Nicolas Maduro called the meeting as an opportunity to increase international solidarity for his socialist government as the oil-dependent economy reels from widespread food shortages and triple digit inflation. However, according to observers, the low attendance indicates that almost all of the NAM members were not interested in engaging in such solidarity with this country under these circumstances.[3]

Nevertheless, Maduro spoke defiantly at the Summit about Venezuela’s problems, blaming them on the country’s foreign enemies. “Venezuela is facing a global attack, which is against all of Latin America and Caribbean. An attack that aims to impose a political, economic and cultural reorganization of our countries with the old oligarchy.”

As repeatedly stated, this blog concurs that the U.S. should end its embargo (blockade) of Cuba and that the peace agreement between the government of Colombia and the FARQ is to be applauded and hopefully will be approved in the October 2 referendum in that country. I also agree that Cuba and the other NAM members have the right to organize and advocate their many other positions.This blog, however, disagrees with Cuba’s allegation that the U.S. is illegally occupying Guantanamo Bay.

Finally soon after the NAM Summit,  President Maduro met with U.S. Secretary of State John Kerry when both were in Cartagena Colombia for the signing of the Colombia-FARQ peace agreement. The next day on his regular television show in his country, Maduro, mentioning his 40-minute meeting with Kerry, said, “I ask that God bless the results of the meeting [with Kerry] and that Venezuela opens a new era of relations with the United States.” He also said that veteran U.S. diplomat Tom Shannon, who has been the U.S. point man for the troubled relationship, will visit Caracas again soon and that an invitation was open to Kerry.[4]

The U.S. State Department, acknowledging the meeting, said, “The Secretary expressed our commitment to the well-being of the Venezuelan people, and our willingness to work with all sectors of Venezuelan society to enhance our relationship. He also spoke of our concern about the economic and political challenges that have affected millions of Venezuelans, and he urged President Maduro to work constructively with opposition leaders to address these challenges.” In addition, the Department said that “Kerry stressed our support for democratic solutions reached through dialogue and compromise” and that the two men “agreed to continue the bilateral discussions begun in recent months.”[5]

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[1] Castro, The only alternatives to the enormous dangers and challenges is unity and solidarity, Granma (Sept. 17, 2016).

[2] Declaration of the XVII Summit of Heads of State and Government of the Non-Aligned Movement (NAM), Granma (Sept. 18, 2016).

[3] Assoc. Press, Venezuela’s Crisis Keeps Non-Aligned Summit Turnout Low, N.Y. Times (Sept. 17, 2016); Reuters, Venezuela Summit Draws Few Leaders in Blow to Maduro, N.Y. Times (Sept. 17, 2016); Reuters, Maduro Revels in Support From Zimbabwe, Iran as Critics Decry Failed Summit, N.Y. Times (Sept. 19, 2016);  Castro, Venezuela closes the summit of non-aligned countries amid criticism, El Pais (Sept. 18, 2016).

[4] Reuters, Venezuela’s Maduro Calls for New Era of Relations With U.S., N.Y.Times (Sept. 27, 2016).

[5] U.S. State Dep’t, Secretary Kerry’s Meeting with Venezuelan President Maduro (Sept. 26, 2016).

 

 

 

U.S. Continues Its Absurd Special Immigration Benefits for Cubans  

This blog has frequently criticized the U.S. special immigration benefits for Cubans under the Cuban Adjustment Act and the wet foot/dry foot policy.[1]

On August 29 nine Latin American countries joined together to call for the U.S. to end these policies. Their joint letter was signed by the foreign ministers of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua, Panama and Peru, all of which recently have been affected by large numbers of Cubans transiting through their countries to reach the U.S.-Mexico border and gain admittance to the U.S. under these policies.[2]

The letter expressed their “deep concern” that U.S. policy toward Cuban migrants is creating a humanitarian crisis and encouraging “a disorderly, irregular and unsafe flow of Cubans. Cuban citizens risk their lives, on a daily basis, seeking to reach the United States. These people, often facing situations of extreme vulnerability, fall victim to mafias dedicated to people trafficking, sexual exploitation and collective assaults. This situation has generated a migratory crisis that is affecting our countries.”

The letter also requested a meeting on these issues with Secretary of State John Kerry.

The letter was announced on August 29 by Ecuador’s Foreign Minister Guillaume Long, saying, “The fact that nine foreign ministers have signed this letter shows the strength of the sentiment in Latin America that United States policy is creating a migration crisis in our region. It’s time for the U.S. to change its outdated immigration policies toward Cubans, because they are undermining regular and safe migration in our continent.” Long added that the decades-old policy also is a form of “terrible discrimination,” given that scores of migrants from other Latin American countries are forced to “hide and often live decades with the threat of deportation” if they are undocumented, while Cubans are given residence if they step foot on U.S. territory. This injustice must stop for the wellbeing of all.”

The prior week the Costa Rican Foreign Minister Manuel González told the McClatchy news organization that the issue has cost his country millions of dollars it doesn’t have and has raised complaints from Costa Ricans about spending resources on stranded foreigners when they were needed by the nation’s own citizens. “The difficulties between the U.S. and Cuba has a direct consequence on other countries in our region that serve as transit. And we are, in a way, paying the consequences of that bilateral relationship.”

Cuban migration indeed is a serious problem for these Latin American countries and for Cuba. More than 46,500 Cubans were admitted to the U.S. without visas during the first 10 months of the 2016 fiscal year compared with more than 43,000 in 2015 and just over 24,000 in 2014.

The continuation of this combined policy has been criticized by the New York Times editorial board. This “anachronistic policy is irrational, strains relations with America’s neighbors and endangers lives. It also has the effect of easing pressure on Cuba’s authoritarian government to make economic and political reforms by offering an incentive to those who are most dissatisfied with the status quo to take a dangerous way out.”[3]

A similar criticism was offered by a prominent writer on Latin American affairs, Andrés Oppenheimer. He said, “It’s time to revise the U.S. government’s special status for Cuban refugees. But it should be done as part of a new commitment by all countries in the region to grant asylum to Cuba’s political refugees, and to press Cuba to abide by international human rights laws. . . . It’s time for all sides to end Cuba policies that are relics of the Cold War. Washington should change its much-abused laws giving special status to all Cuban refugees, and Latin American countries should end their shameful silence on Cuba’s repressive dictatorship, which is at the root of Cuba’s main problems. These are new times that require new policies by all countries.”[4]

Nevertheless, on August 30, a U.S. State Department spokesman acknowledged receipt of the letter from nine Latin American countries and merely said, “the Cuban Adjustment Act remains in place and wet foot/dry foot remains U.S. policy regarding Cuban migration.” He also added these comments: “we are concerned for the safety of all migrants throughout the region, including migrants seeking to journey northward through South and Central America and Mexico. Irregular migration often involves dangerous journeys that illustrate the inherent risks and uncertainties of involvement with organized crime, including human smugglers and traffickers in attempts to reach the United States. We continue to encourage all countries to respect the human rights of migrants and asylum seekers, and to ensure that they are treated humanely. And we’re going to continue to, obviously, engage governments in the region on this issue going forward.”[5]

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[1] See posts listed in “Cuban Migration to U.S., 2015-2016” in List of Posts to dwkcommentaries—Topical: Cuba.

[2] Ordońez, Nine Latin nations band together to plead with U.S. over Cuba, InCubaToday (Aug. 29. 2016); Telesur, Nine Latin American Countries Slam US for creating migrant crisis, Global Research (Aug. 29, 2016); Assoc. Press, LatAm Diplomats Urge US to Change Policy on Cuban Migrants, N.Y. Times (Aug. 29, 2016).

[3] Editorial, Neighbors Question Cuba Migration Policy, N.Y. Times (Aug. 31, 2016).

[4] Oppenheimer, It’s time to change Cubans’ special immigration status, InCubaToday (Aug. 31, 2016).

[5] U.S. State Dep’t, Daily Press Briefing (Aug. 30, 2016).

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

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

Castro’s Remarks

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusion

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

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

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

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

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

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

Another Cuban Migrant Problem in Central America 

Last November 8,000 Cuban migrants were stranded in Costa Rica on their journey to the U.S. after Nicaragua closed its borders with Costa Rica. This crisis eventually was resolved by a multilateral effort in that region to transport the migrants by plane and bus to the Mexico-U.S. border where they gained entry to the U.S. The last of such transfers occurred this March. Another part of the “solution” was Costa Rica’s closing its southern border to additional Cuban migrants coming from neighboring Panama.[1]

It recently has been revealed that the U.S. in January, pledged at least $1 million to help provide temporary shelter, potable water, food, sanitation and hygiene kits to the thousands of Cubans who had been stranded in Costa Rica while trying to make their way to the American border. The U.S. did so through the International Organization for Migration. The State Department said, “We expect this particular contribution to be a one-time contribution, and the final amount that will actually be provided to I.O.M. will depend upon needs on the ground, given that the number of vulnerable migrants in need of immediate humanitarian aid in Costa Rica fluctuates.”[2]

Now another similar crisis has erupted with over 3,500 Cuban migrants stranded in Panama and unable to enter Costa Rica. On April 13 an estimated 1,200 of the Cubans illegally entered Costa Rica after attacking one of its immigration offices at the border.

Costa Rica’s Response[3]

In its initial response, on April 11, Costa Rica’s Foreign Minister, Manuel González Sanz, issued a warning to the new wave of undocumented Cubans hoping to travel by land from Ecuador to the U.S. He said, “I want to make absolutely clear, to all the [Cuban] migrants who are coming and those already in Panama, that Costa Rica cannot and will not receive them.”

Moreover, The Foreign Minister stated Costa Rica ““will make use of all domestic and international measures at its disposal to address this situation, if we face something similar to what we faced from November to March.” His country, the Foreign Minister added, “already gave everything it could give, did more than it was required to do, and we definitely are not in a position to confront—not as part of a group and certainly not alone, as we did in the past—a situation similar to what the country experienced.”

González’s statement appropriately blamed U.S. laws, especially the Cuban Adjustment Act, granting special immigration benefits to Cubans arriving by land at the U.S. border. Therefore, the issue of Cuban migration “should be part of the bilateral relations between Cuba and the United States, but the reality is that the countries from Ecuador to Mexico, we are the ones caught in the middle and we are the ones suffering the consequences of laws that incite that migration.”

The next day, April 12, Costa Rica hosted a regional meeting to discuss this new migrant crisis. Other countries present were Ecuador, Colombia, Panama, El Salvador, Guatemala, Honduras, Mexico and the U.S. Absent were Nicaragua and Cuba. Costa Rica’s Foreign Minister said, ““We are once again faced with a valuable opportunity to continue the dialogue, take advantage of good practices and experiences, reaffirm our commitments and, as in the meetings that preceded this, demonstrate that we can provide permanent concrete solutions,” He added, “ If there is not a coordinated, structural approach by all the countries involved, we will continue to have these events affecting countries individually. But individual action has proven to be too fragile for one country to take on a problem of such magnitude.”

After the April 13 illegal entry of Cuban migrants, the Costa Rican government issued another statement. It said the government:

  • “Reaffirms its commitment to respect for human rights and the protection of the dignity of persons irrespective of their nationality. The Government is obliged to maintain, in compliance with the law a climate of social peace for its citizens, to events that put their safety at risk.”
  • “Remembers that Costa Rica was an example to the world with humanitarian assistance of Cuban migrants, with the help of communities, civil society, municipalities and public institutions to more than 8,000 people who were stranded in our territory attended between November 2015 and March 2016.”
  • “Remembers that since December 18, 2015, Costa Rica ceased granting extraordinary transit visas to Cuban migrants, who were notified, transparently and straightforwardly, they cannot enter the country illegally.”
  • “Reports the various U.S. regulations that promote and privilege for entry into that country, incite illegal Cuban migration and create perverse incentives to migration and favorable conditions for trafficking in human beings.”
  • “Deplores that Costa Rica and Panama are trapped in a region that maintains closed northern borders and open southern borders.”
  • “Reports that today more than a thousand irregular migrants entered Costa Rica violently in an affront to the Costa Rican people, who attended in past months so timely and generously to Cuban migrants.”
  • “Declares that Costa Rica has no economic or logistical capacity to host new groups of migrants. The Costa Rican people have given more than our ability is to sustain these groups of people.”
  • “Announced that efforts are made with the government of Panama to return all migrants irregularly entering our territory.”
  • “Repudiates and rejects all acts of violence and anyone who enters that way will be stopped.”
  • “Reports that Costa Rica had an active participation in the meeting held yesterday in San Jose, Costa Rica with chancellors, vice chancellors, members of government, immigration authorities and officials from UNHCR, UNDP, IOM. This meeting did not produce the expected results.” (Emphasis added.)

In addition, the President of Costa Rica, Luis Guillermo Solis Rivera, issued an order to implement this statement. In addition, the President stated that his government will write to President Obama to express his country’s “repudiation of . . . the effect of U.S. legislation which encourages [Cuban] migrants to continue a dangerous transit to that country using our territories.”

On April 15, the Government of Costa Rica issued another statement about the situation. This statement reiterated the previous points and declared that “Costa Rica and Panama are working to find joint and sustainable international solutions” to this problem.

Panama’s Response

On April 15, the Panama Foreign Ministry expressed “its concern about the current crisis of Cuban migrants in Latin America and their interest and willingness to find a sustainable and joint solution with the countries of the region.” It called on “the migrants living in our country to respect the peace and rules of both countries, especially in such a difficult situation.” At the same time, Panama has made significant efforts to safeguard the human rights of the migrants and has obtained Mexico’s agreement for nearly 1,300 Cuban migrants to fly from Panama to Mexico so they can continue their transit to the U.S. [4]

Cuba’s Response

Although invited to the Costa Rica meeting about the problem, Cuba did not attend, and no official Cuban statement on the matter has been found.

However, Raúl Castro as First Secretary of the Communist Party of Cuba on April 16 delivered the Central Report to the Party’s Seventh Congress. He said that U.S. migration policies that encourage Cubans to defect were “a weapon against the revolution.”[5]

 U.S. Response

 To my amazement and regret, I have not found any response to this situation from the U.S. Government.

However, prior posts have argued that the U.S. should terminate its ”dry feet” policy that allows Cubans automatic entry into the country without a visa when arriving by land as well as the U.S. Cuban Medical Personnel Parole Policy that grants such personnel parole into the U.S. These policies are based upon the obsolete U.S. notion that every Cuban leaving the island is escaping persecution.[6]

These recent problems in Central America provide another reason for the U.S. to terminate these programs. Our friends in Central and South America are being subjected to intolerable burdens from Cuban migrants and our friends also see what they regard as unfair harsh U.S. immigration policies for their people seeking to go to the U.S. when compared with the Cubans.

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[1] This earlier crisis was discussed in these blog posts: Cubans in Central America Provide Cuba with an Opportunity To Reiterate Its Objections to U.S. Immigration Policies (Nov. 20, 2015); Update on Cuban Migrants in Central America (Nov. 27, 2015); Status of Cuban Migrants in Central America Still Unresolved (Dec. 11, 2015); Resolution of Problem of Cuban Migrants Stranded in Central America (Dec. 30, 2015).

[2] Robles, U.S. Pays to Feed and Shelter Cuban Migrants Stranded in Costa Rica, N.Y. Times (Mar. 4, 2016;

[3] Meléndez, Costa Rica says its doors are closed to Cubans, Miami Herald (April 11, 2016); Costa Rica Foreign Ministry, Deputy Foreign Ministers Meeting in Costa Rica allowed constructive dialogue on the issue of migration flows (April 12, 2016); San Martin, Central American countries meet to resolve new Cuban migration wave, Miami Herald (April 12, 2106); Costa Rica Foreign Ministry, Declaration by the Government of Costa Rica to irregular entry of migrants (April 13, 2016); Assoc. Press, Migrants Force Way Into Costa Rica From Panama, N.Y. Times (April 13, 2016); Dyer, Costa Rica pushed greater regional cooperation on Cuba, African migration, Tico Times (April 13, 2016); Fernandez, Cuban migrants force their way across the Panama-Costa Rica border,Miami Herald (April 14, 2016); Costa Rica Foreign Ministry, Statement of the Government of Costa Rica to the attempt of massive influx of Cuban migrants (April 15, 2016).

[4] Panama Foreign Ministry, Panama reiterates concern over problems of Cuban migrants (April 15, 2016).

[5] Reuters, Castro Hardens Rhetoric, Warns Cubans to Be Alert to U.S. Intentions, N.Y. Times (April 16, 2016).

[6] Prior posts about special U.S. immigration laws for Cubans: New York Times Calls for End of U.S. Program for Special Immigration Relief for Cuba Medical Personnel (Nov. 23, 2014); U.S. and Cuba Fail To Resolve Complaints About U.S. Immigration Policies (Dec. 1, 2015); President Obama Should Exercise His Legal Authority To End U.S. Admission of Cubans Arriving with “Dry Feet” (Dec. 4, 2015); New York Times Calls for End to Special U.S. Immigration Programs for Cubans (Dec. 21, 2015); U.S. Ending Its Cuban Medical Personnel Parole Program? (Jan. 8, 2016).

 

Cuban Communist Party Holding Its Seventh Congress

CongressOn April 16-19 the Communist Party of Cuba will hold its Seventh Congress to set the country’s economic path through 2030.[1]

Granma, the Party’s official newspaper, reported that he Congress will work in four commissions or committees on the following topics: (1) “the conceptualization of Cuba’s socio-economic model;” (2) “the development plan . . . for the nation’s vision, priorities and strategic sectors” through 2030; (3) “the implementation of the Guidelines approved by the 6th Congress [in 2011] and their updating for the next five years;” and (4) analysis of “progress made toward meeting the objectives agreed upon by the First Party Conference [in 1975].”

The Guidelines approved at the last Congress included legalizing home and car sales, encouraging the development of mid-size cooperatives with dozens of employees and eliminating exit permits for Cubans to travel outside the country.

There will be 1,000 delegates, including “Party cadres, deputies to the National Assembly, representatives from Central State Administration bodies, our civil society, combatants, researchers from scientific centers, university professors, intellectuals, and press editors.” Women constitute 43% of the delegates, while 36% are Black or of mixed race. In addition, there will be 280 invitees, including 14 “members of Party units in our international solidarity missions, from five countries: Venezuela, Brazil, Haiti, Bolivia and Ecuador.”

In anticipation of the Congress, some “party members [have been] complaining about a lack of the advance debate on economic and social reforms seen in the past.” In response, Granma published a lengthy article admitting it had received “expressions of concern from Party members (and non-members, as well) inquiring about the reasons for which, on this occasion, plans were not made for a popular discussion process, similar to that held five years ago regarding the proposed Economic and Social Policy Guidelines of the Party and Revolution.”

Such expressions of concern said Granma, were seen as “a demonstration of the democracy and participation which are intrinsic characteristics of the socialism we are building.” Nevertheless, after reviewing the elaborate processes leading up to the decisions of the prior Congress and the difficulties in implementing all of its resolutions, Granma said that “rather than launching another process of discussion on a national level, half way along the road, what is more appropriate is finishing what has begun – continuing to carry out the people’s will expressed five years ago, and continuing to advance in the direction charted by the 6th Congress.”

This Granma article also stated that the forthcoming Congress would be evaluating six documents: (1) evaluation of the national economy’s performance during the five year period, 2011-2015; (2) progress in the implementation of guidelines [set in 2011]; (3) an updating of these guidelines for 2016-2021: (4) the conceptualization of Cuba’s socio-economic model of socialist development; (5) the Economic Development Program through 2030; and (6) the implementation status of the First National Conference’s objectives approved in January of 2012. As a result, according to Granma, the Seventh Congress “will give continuity to the previous Congress and the First National Party Conference [in 1975], and provide a much more precise definition of the path to be taken by our country – sovereign and truly independent since the triumph of the Revolution, January 1, 1959 – in order to build a prosperous and sustainable socialism.”

U.S. observers thought Party officials have been “particularly secretive” about this meeting and wondering whether the party signals it wants faster steps toward a more free-market system—such as allowing Cubans to operate more types of businesses—or if it keeps the current pace or even slows things down.” So far, however, “the only article in the official Granma newspaper to deal substantially with the congress made no mention of new initiatives” and instead said that “officials will review the implementation of economic guidelines adopted in 2011, only 21% have been put fully into practice.” [2]

Some believe President Obama’s March visit to the island “stirred great enthusiasm among ordinary people who do want change and are pushing for a better life, thereby putting pressure on Cuba’s leaders. Related to this thought is speculation that there might be a move to more selection of leaders by popular vote. Doing so for the National Assembly seems exceedingly unlikely, but such a move might come with direct election of mayors.

The Congress will be facing a vastly different economy than when it met in 2011. Now about a quarter of the labor force are working in a growing private sector, many in the booming tourist trade and are doing well financially The other 75% of the population who depend on state-sector jobs are struggling to survive on salaries that average about $25 a month, as consumer prices spike.

Many of those in the private sector now are limited to an odd list of 201 occupations that runs from cutting hair to acting as clowns in parties and want to see a greater liberalization that would permit professionals, such as lawyers, engineers and architects, to strike out on their own.

Other economic issues facing the Congress are (a) whether foreign joint ventures will have the freedom to hire Cuban workers directly, instead of having to go through state employment companies that keep most of their salaries; and (b) whether the government will create a legal framework for small and medium-size businesses to be able to export and buy supplies from a now largely nonexistent wholesale sector.

Observers also are watching to see if Miguel Diaz Canel, who was named first vice president of Cuba’s Council of State three years ago, and is widely regarded as Raúl Castro’s successor, will be promoted to second secretary of the Communist Party, succeeding the 85-year-old hard-liner José Ramón Machado Ventura.

A New York Times’ editorial complained that any economic reforms to come out of the Congress “remain a mystery to all but a few senior leaders of the party. While the policy review that preceded the last party conference, in 2011, included broad debate by rank-and-file party members, this time top officials have not shared information with them or solicited their views.” [3]

This “surreptitious approach,” says the Times, “s shortsighted at a time of change and rising discontent. Ordinary Cubans, including those who are critical of the Communist Party, should have a say in how the country will be run and by whom, without fear of reprisal and persecution.” Moreover, “If reforms continue at a glacial pace, young Cubans will keep fleeing the island in droves, fueling a exodus that has become a referendum of sorts.”

Now we wait to see what happens.

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[1] Morales, Looking toward 7th Party Congress, Granma (Feb. 29, 2016); Party congress less than a month away, Granma (Mar. 28, 2016);Eight questions about the Party Congress, Granma (April 14, 2016); 7th Party Congress begins, Granma (April 16, 2016). Here is more general U.S. information about the Communist Party of Cuba and its Sixth Congress.

[2] Assoc. Press, Cuba’s Future Economic Model in Spotlight at Party Congress, N.Y. Times (April 8, 2016); Padgett, Party Time In Cuba—With Marx, Not Mojitos. Here is What the Congress Might Do,,WRLN (April 12, 2016); Córdoba, Post-Obama Visit, Cuba’s Communist Party to Signal Next Steps, W.S.J. (April 15, 2016); Whitefield, Cuba’s Communist Party meets at critical time for country, Miami Herald (April 15, 2016); Assoc. Press, In Slow Dance With Capitalism, Cuba’s Communists Turn to Future, N.Y. Times (April 16, 2016).

 

 

 

 

 

[3] Editorial, Cuba’s Path to the Future Is Shrouded in Secrecy, N.Y. Times (April 15, 2016) http://www.nytimes.com/2016/04/16/opinion/cubas-path-to-the-future-is-shrouded-in-secrecy.html?ref=opinion

New York Times Calls for End to Special U.S. Immigration Programs for Cubans

 

The New York Times Editorial Board on December 21 called for the U.S. to end its special immigration programs for Cubans. It, therefore, joins the criticism of such policies by the Cuban Government.[1]

With respect to the so-called “Wet Foot, Dry Foot” policy, the editorial notes that the recent exodus of many Cubans through Ecuador and Central America in attempts to reach the U.S. highlights the need for an immediate end to that policy. Even if Congress does not repeal the Cuban Adjustment Act that grants Cubans in the U.S. the right to apply for permanent residency after one year of such presence, the following can and should be done:

  • Because that Act does not require the U.S. to grant all Cubans who arrive here by land parole status, the U.S. Administration should stop doing so and instead only grant such status to those Cubans who demonstrate a ”credible”” fear of persecution in Cuba., which is a preliminary step for a subsequent application for asylum requiring a “well-founded” fear of such persecution.
  • Cuba should agree to accept the return of those Cubans denied entry into the U.S. and the roughly 34,000 Cubans n U.S. prisons for conviction of crimes in this country..
  • The U.S. should “continue to admit a high number of Cuban immigrants who apply for visas [at the U.S. Embassy in] Havana, giving priority to those who have legitimate persecution claims and those who have family members in the [U.S.].
  • “The Obama administration should negotiate a new agreement with the Cuban government that makes orderly immigration the norm.”

With respect to the U.S. “Cuban Medical Professionals Parole Program,” the editorial calls for its immediate termination and for Cuba to end its new requirement for exit visa for such personnel.[2]

As previous posts demonstrate, I concur in these recommendations.[3]

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[1] Editorial: A New Cuban Exodus, N.Y. Times (Dec. 21, 2015). The most recent of many Cuban demands for ending these U.S. immigration programs was in President Raúl Castro’s December 18th speech to his country.

[2] The Times recently published an article about the Cuban Medical Personnel Parole Program: Burnett & Robles, U.S. and Cuba at Odds Over Exodus of the Island’s Doctors, N.Y. Times (Dec. 19, 2015).

[3] E.g., Results of U.S.-Cuba Discussions After Ceremonial Opening of U.S. Embassy in Havana (Aug. 18, 2015; New York Times Calls for End of U.S. Program for Special Immigration Relief for Cuban Medical Personnel (Nov. 23, 2014).

Status of Cuban Migrants in Central America Still Unresolved  

Previous posts have discussed the plight of Cuban migrants in Central America on their way for entry to the U.S. under its current “dry feet” policy. Nicaragua refused to admit such migrants from Costa Rica, and a regional meeting of foreign ministers failed to resolve the problem.[1] That is still the case.[2]

Other Countries‘ Refusal To Help

On December 8, the President of Costa Rica announced that his country had failed to find other countries in the region that are willing to take any of the approximately 5,000 Cuban migrants in Costa Rica so that they may continue their journey north to the U.S.

Belize has rejected Costa Rica’s request to allow the Cubans to transit through that country while Guatemala has requested a Mexican pledge to allow the migrants to go through that country to the U.S. before Guatemala will let the Cubans enter their country.

Nevertheless, Costa Rica has stated that it would not deport any of the Cubans to their home country against their will.

In the meantime Costa Rica has asked Ecuador, Colombia and Panama to limit the transit of any more Cubans. Panama now has approximately 1,000 Cuban migrants.

Inter-American Commission on Human Rights’ Concern

The Inter-American Commission on Human Rights has expressed its concern about the plight of the Cuban migrants in Costa Rica. The Commission, however, welcomed the decision of the Costa Rican government to grant transit visas to Cubans and to seek cooperation of other states in the region to facilitate the safe, orderly and documented transit of the migrants to the U.S. The Commission also has taken note of the November 30 U.S.-Cuba meeting about various migration issues.

The Commission reiterated that States have an obligation to respect and ensure the human rights of all migrants who are under their jurisdiction. Those rights are derived from the principle of human dignity

More specifically the Commission has urged the Nicaraguan government to investigate its alleged ill-treatment of the migrants. And to implement training programs on guidelines for use of force and the principle of non-discrimination. The Commission also has stressed the principle of non-refoulement, which necessarily implies that people are not rejected at border or expelled without an adequate and individualized analysis of their situations; the absolute prohibition of collective expulsions; and the obligation to take special measures for the different treatment of vulnerable groups within migrants.

In addition, the Commission urged the Cuba not to put obstacles to people wishing to leave the country.

Upcoming Costa Rica-Cuba Bilateral Meetings

On December 13-15, Costa Rica will hold apparently prearranged bilateral meetings in Havana because the published agenda does not include any mention of the migrant crisis. Instead that agenda includes the following:

  1. Create a strategic alliance to link ecosystems biotechnology research
  2. Strengthen ties of cooperation among public universities that have institutes of biotechnology.
  3. Create links between software industries.
  4. Promote training processes in high performance sport developing anti-doping testing.
  5. Increase tourism connectivity by adding Costa Rica to flights that Cuba receives from China, Russia and Turkey,
  6. Exchange experiences and knowledge in health case, especially primary care, cancer treatments and vaccines.
  7. See investment opportunities in Cuba for Costa Rican businesses.

Let us hope that perhaps behind the scenes the presidents of the two countries will discuss and find ways to reduce or solve the crisis.

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[1] Cubans in Central America Provide Cuba with an Opportunity To Reiterates Its Objections to U.S. Immigration Policies (Nov. 20, 2015); Update on Cuban Migrants in Central America (Nov. 27, 2015); U.S. and Cuba Fail To Resolve Complaints About U.S. Immigration Policies (Dec. 1, 2015); President Obama Should Exercise His Legal Authority To End U.S. Admission of Cubans with “Dry Feet” (Dec. 4, 2015).

 

[2] Reuters, Belize Rejects Plan to Allow Cuban Migrants to Pass Through Its Territory, N.Y. Times (Dec. 8, 2015); Costa Rica Foreign Min., Belize says Cuban migration must be resolved as a regional issue and for now not serve this population (Dec. 8, 2015); OAS, IACHR Expresses Great Concern Regarding Situation of Cuban Migrants on the Costa Rica-Nicaragua Border (Dec. 8, 2015); Costa Rica Foreign Min., Commission expresses deep concern over situation of Cuban migrants at the border between Costa Rica and Nicaragua (Dec. 8, 2015); Assoc. Press, Costa Rica Will Not Send Cuban Migrants Home, N.Y. Times (Dec. 9, 2015);Costa Rica President Sends Message to Cuban migrants to failure of negotiations with countries in the region, Granma (Dec. 9, 2015); Guatemala demands Mexico pledge over blocked Cuban migrants, Tico Times (Dec. 9, 2015); Costa Rica Foreign Min., Bilateral ministerial meetings agenda official visit to Cuba (Dec. 10, 2015).