Tag: executive order

Seventh Summit of the Americas Is Underway in Panama

Summit logoThe Seventh Summit of the Americas will take place in Panama City, Panama on April 10 and 11. Such Summits are institutionalized gatherings of heads of state and government of the member states of the Western Hemisphere where leaders discuss common policy issues, affirm shared values and commit to concerted actions at the national and regional level to address continuing and new challenges faced by countries in the Americas. [1]

In the meantime, preliminary Summit events are underway while planning for the meetings of heads of state and government are nearly complete.

This post will review the plans for this Summit by the organizers and then discuss Summit developments involving the U.S., Cuba and Venezuela. [2]

 The Summit Organizers’ Plan

The Summit’s central theme is “Prosperity with Equity: The Challenge of Cooperation in the Americas” with several sub-themes, including education, health, energy, environment, migration, security, citizen participation and democratic governance. These issues will be discussed by 35 heads of state and government. In addition to these officials, the Vatican Secretary of State, Cardinal Pietro Parolin, will attend.

The priority of the organizers in Panama is to work on a comprehensive document titled “Mandates for Action”, which will contain agreements from all countries involved on topics related to health, education, security, migration, environment, energy, democratic governance and citizen participation.

The Summit’s main events will take place in the ATLAPA Convention Center in central Panama City as shown in the photograph below.

PanamaCtr

The Summit also will host the four following forums:

  • Civil Society Forum will seek to promote governments’ consultation and coordination, dialogue and exchange with civil society. It also will offer input and recommendations for the consideration of the participating States.
  • The Youth Forum will provide young entrepreneurs an opportunity to offer their recommendations to the participating States.
  • The Business Forum will explore the trade and investment opportunities and public-private sector cooperation.
  • The University Presidents’ Forum will focus on academic mobility, the role of innovation and technology in enhancing research skills and college education for the region; and the importance of scholarly research on entrepreneurship and sustainable economic development.

 U.S. Plans for the Summit

 A prior post reviewed some of the U.S preparations for the Summit. In addition, the U.S. Department of State asserts that this Summit “is an historic opportunity to deepen partnerships, collaborate on shared challenges, and make tangible commitments to securing a brighter future for all of the people of the Americas. . . . The [U.S.] is working closely with partners throughout the Americas to ensure the 2015 Summit upholds our common commitment to inclusive economic development, democracy, and human rights, while providing robust engagement among government leaders, civil society groups, and regional business communities.”

The U.S. especially has been calling for the participation of Cuban civil society in the Summit. Indeed, in his December 17th announcement of the rapprochement with Cuba, President Obama said, “we are prepared to have Cuba join the other nations of the hemisphere at the Summit. . . . But we will insist that civil society join us so that citizens, not just leaders, are shaping our future.”

Interestingly I have not seen any news or information about the U.S. inviting U.S. civil society, youth, business or university presidents to participate in the Summit.

The U.S. was hoping that by the time of the Summit, the U.S. and Cuba would have re-established normal diplomatic relations and that this would be an occasion for the two countries to enjoy receiving congratulations from the other countries in the Americas.

The resumption of normal relations, however, has not yet happened, and now there are many countries demonstrably upset over President Obama’s executive order of March 9th imposing sanctions on seven Venezuelans. This week at Venezuela’s invitation, a senior Department of State official went to Venezuela to meet with the country’s foreign minister.

The Washington Post this week published an editorial criticizing the U.S. opening to Cuba. It said there have been no benefits to the U.S. to date while Cuba has gained. President Castro will attend the Summit. Soon the U.S. probably will rescind its designation of Cuba as a “State Sponsor of Terrorism” in disregard of Cuba’s alleged “continued support for Colombia’s terrorist groups, its illegal arms trading with North Korea and the sanctuary it provides American criminal JoAnne Chesimard.” In addition, says the editorial, Cuba is joining Venezuela in unjustifiably attacking the U.S. over President Obama’s executive order imposing sanctions on seven Venezuelans.

Cuba’s Plans for the Summit

According to the Cuban press, the country has been preparing for full participation in the Summit. The Cuban Minister of Foreign Trade and Foreign Investment, Rodrigo Malmierca, emphasized that over 100 representatives of Cuban civil society, including youth, academics, intellectuals, entrepreneurs and coop leaders would be going to the Summit. They will show the possibilities that Cuba provides for the development of international economic relations from the adoption of Law 118 Foreign Investment and Development Special Zone Mariel (ZEDM).

On Tuesday pro-government representatives of Cuban civil society in Panama issued a statement denouncing the presence at the Summit of other Cubans who allegedly were “mercenaries paid by the historic enemies of our nation,” i.e., the U.S. Such Cubans, the pro-government representatives said, “make up a tiny ‘opposition’ manufactured from abroad, lacking any legitimacy or decorum. Several of its members are publicly linked to recognized terrorists who have caused infinite pain to the Cuban people.”

The statement asserted, “It is offensive that such people, who have made betraying the homeland a well-paid profession and shamefully usurp the name of the country that they slander and offend day after day, are participating in these forums. For the dignified and sovereign Cuba that has withstood more than five decades of blockade and harassment, for the overwhelming majority of Cubans, for us, we who have come to Panama with modesty and a spirit of cooperation to share experiences of our social development, it is unacceptable that there are people of such low moral character here.”

The next day, Wednesday, during one of the forums, about 100 supporters of Cuba’s government heckled Cuban dissidents by calling them “imperialist” and “mercenaries” Organizers appealed for calm during the hour-long frenzied scene. The pro-government groups joined by pro-government groups from Venezuela angrily marched out, saying they wouldn’t attend the proceedings in the presence of individuals they accuse of trying to destabilize Cuba’s government.

From Havana, Cuban Vice-President (and reputed future president) Miguel Diaz-Canel, stated, “Nobody could think that in a process of re-establishing relations, which we’re trying to move forward on with the [U.S.], Cuban support for Venezuela could be made conditional. If they attack Venezuela, they’re attacking Cuba. And Cuba will always be on Venezuela’s side above all things.”

A Cuban online newspaper, CubaDebate, has a journalist in Panama to provide minute-by-minute tweets about the Summit.

Venezuela’s Plans for the Summit

Venezuela plans to make a major effort to obtain the Summit’s condemnation of President Obama’s executive order imposing sanctions on seven Venezuelans. For example, President Maduro will bring a petition against the executive order that has been signed by over nine million of his people. A Caracas pollster said, “Maduro is taking advantage of Obama’s order. It’s an extreme campaign that distracts from the internal problems of the country. You just want your people in the street, proselytizing and campaigning.”

In addition, Maduro’s political allies are sending 825 activists to the Summit to protest Obama and support Maduro.”There will be marches, caravans and anti-imperialist stands,” said Rafael Uzcategui, secretary general of the ruling Fatherland for All, who said that Nicaragua, a close ally of Chavez, will send a delegation with a similar purpose.

Others plan to focus on Venezuela’s alleged human rights violations. In recent weeks many countries and human rights organizations have criticized Venezuela’s imprisonment of political dissidents. This includes the U.N., the European Parliament, the governments of the U.S., Spain, Canada and Colombia and the Socialist International, Amnesty International and Human Rights Watch, among others.

Now 21 Latin American presidents have issued a statement to denounce the “democratic alteration” of Venezuela and to advocate for the release of prisoners and the restoration of political autonomy. Their proposed Declaration of Panama asks the Summit of the Americas to seek a solution to the Venezuelan crisis “that respects the constitutional principles and international standards.” The signers of this statement include Colombians Andres Pastrana, Alvaro Uribe and Belisario Betancur; Costa Ricans Laura Chinchilla, Rafael Calderon, Miguel Angel Rodriguez and Luis Alberto Monge; Chilean Sebastián Piñera ; and Spain’s José María Aznar.

In addition, this week 28 human rights organizations across the continent (including: Human Rights Watch, Amnesty International, Transparency International and the International Commission of Jurists) issued a statement requiring cessation of “harassment against human rights defenders of human rights ” and called on the governments participating in the Summit of the Americas” to demand the government of Nicolas Maduro to ensure that the defenders and human rights defenders can carry out their work without fear of reprisal.”

A group of Venezuelan human rights organizations will be going to Panama to present their complaints about human rights in their country. President Maduro’s response is to call them “CIA stooges.”

Conclusion

New York Times editorial has urged U.S. and Cuban government officials at the Summit to “not ignore” the Cuban civil society representatives, “but rather work to amplify their voices. They have struggled for years to be heard in their own country, where those critical of the Communist system have faced repression.” The Times also notes that some Cubans “who cannot afford a trip to Panama or are restricted from traveling have pledged to hold a parallel meeting in Cuba. . . . Increasingly, the [Cuban] government will have to reckon with the fact that many of the dissidents’ aspirations are shared by most Cubans.”

Now we will have to see what actually happens at the rest of the Summit.

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[1] Prior Summits were held in Miami, Florida, USA (I, 1994); Santiago, Chile (II, 1998); Quebec City, Canada (III, 2001); Mar del Plata, Argentina (IV, 2005); Port of Spain, Trinidad and Tobago (V, 2009); and Cartagena, Colombia (VI 2012). This process also held a Summit on Sustainable Development in Santa Cruz, Bolivia in 1996 and a Special Summit in Monterey, Mexico in 2004.

[2] In addition to information from the Summit’s website, this post is based upon the following: Vyas, Venezuela’s Maduro Takes Petition Against U.S. Sanctions to Summit of the Americas, W.S.J. (April 8, 2015); Sanchez, Senior U.S. official in Venezuela for meetings with Maduro, Wash. Post (April 8, 2015); Goodman & Rodriguez, Cuban dissidents heckled at Americas Summit, Wash. Post (April 8, 2015); Statement by the Cuban delegation to the parallel forums of the Summit of the Americas, Granma (April 7, 2015); Gómez, Given the presence of mercenaries, Cuban delegation abandons Civil Society Forum, Granma (April 8, 2015); Editorial, Mr. Obama’s opportunity in Panama, Wash. Post (April 7, 2015); Neuman, In a Surprise, a Top Kerry Adviser Visits Venezuela, N.Y. Times (April 8, 2015); Reuters, Defying U.S., Cuba Stands by Venezuela on Eve of Regional Summit, N.Y. Times (April 8, 2015); Meza, US seeks to open a channel for dialogue with the government of Maduro, El Pais (April 9, 2015).

 

 

 

 

U.S. Clarifies Positions on Cuba and Venezuela in Preparation for Summit of the Americas

This coming Friday, April 10, President Obama, Secretary of State Kerry and other U.S. officials will be in Panama for the Seventh Summit of the Americas. In preparation for this major meeting, President Obama and other officials have been clarifying U.S. positions about Cuba and Venezuela. The New York Times also chimed in with an editorial about U.S. and Cuba.[1]

Cuba

During a April 4th interview with New York Times columnist, Thomas Friedman, President Obama said, “engagement,” combined with meeting core strategic needs, could serve American interests vis-à-vis [Cuba as well as Iran and Burma] . . . far better than endless sanctions and isolation. He added that America, with its overwhelming power, needs to have the self-confidence to take some calculated risks to open important new possibilities. “

“You take a country like Cuba. For us to test the possibility that engagement leads to a better outcome for the Cuban people, there aren’t that many risks for us. It’s a tiny little country. It’s not one that threatens our core security interests, and so [there’s no reason not] to test the proposition. And if it turns out that it doesn’t lead to better outcomes, we can adjust our policies.”

The President made other comments about Cuba this week in an interview by National Public Radio. He said, “As soon as I get a recommendation [from the State Department on rescinding the designation of Cuba as a “State Sponsor of Terrorism”], I’ll be in a position to act on it.” The President added, “The criteria is [sic] very straightforward. Is this particular country considered a state sponsor of terrorism — not, do we agree with them on everything, not whether they engage in repressive or authoritarian activities in their own country. I think there’s a real opportunity here, and we are going to continue to make – move forward on it. Our hope is to be in a position where we can open an embassy there, that we can start having more regular contacts and consultations around a whole host of issues, some of which we have interests in common.”

Benjamin J. Rhodes, a deputy national security adviser in the White House and a principal U.S. negotiator of the agreement with Cuba to engage in reconciliation, said this week that the terrorism review is likely in the final stages. “It made no sense that the [U.S.] consistently essentially made the decision to isolate ourselves from the rest of the Americas because we were clinging to a policy that wasn’t working. We would anticipate that this [rescission of the terrorism designation] does help begin to remove a significant impediment to having a more constructive engagement in the hemisphere, because we demonstrated an openness to engage all the countries in the Americas, to include Cuba.”

These remarks have prompted a lot of speculation that just before or at the Summit, the State Department will announce that it has finished its review of its designation of Cuba as a “State Sponsor of Terrorism” and concluded that it should be rescinded and that the President has decided to do just that.

Venezuela

Mr. Rhodes also tried to dampen Latin American outcries against the President’s March 9th executive order imposing sanctions against seven Venezuelans and stating that “[T]he situation in Venezuela . . . constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States, and [the President] hereby declare a national emergency to deal with that threat.”[2]

According to Mr. Rhodes this week, the wording of the executive order “is completely pro forma.  This is a language that we use in executive orders around the world.  So the [U.S.] does not believe that Venezuela poses some threat to our national security. We . . . just have a framework for how we formalize these executive orders.” Moreover, the executive order was not “aimed at targeting the Venezuelan government broadly or bringing about some type of dramatic change in terms of the government of Venezuela.  It was focused on a number of individuals who had been determined to be associated with human rights violations.  And we have executive orders like this around the world, and they’re a tool that allows us to have consequences associated with our support for universal values.” [3]

New York Times Editorial

An April 7th editorial in the New York Times recognizes the obvious: the change is unfolding slowly. “Untangling the web of sanctions the [U.S.] imposes on Cuba will take years because many are codified into law. The Cuban government, while publicly welcoming a rapprochement, seems intent on moving cautiously at a pivotal moment when its historically tight grip on Cuban society will inevitably be tested.”

Nevertheless, the Times argues, “it has already reset Cubans’ expectations about their future and their nation’s role in a global economy.” And “it has made it increasingly hard for [Cuba’s] leaders to blame their economic problems and isolation on the [U.S.].”

Moreover, the Times points out, “some early concrete steps are promising. Obama administration officials and business executives have met in recent weeks with Cuban officials to explore how American companies can help upgrade the nation’s telecommunications infrastructure and provide cheaper and more available Internet service. Executives from Google, whose platforms and services are widely desired in Cuba, visited the island in mid-March to make headway in the company’s goal of establishing its presence there.

In addition, “Airbnb, the company based in San Francisco that allows people to list their homes online for short-term rentals, announced last week that it had broken into the Cuban market, unveiling 1,000 listings there. That debut in Cuba could boost the small, but growing private sector in a nation where people have only recently been allowed to earn a living outside state employment.”

The new U.S. policy of engagement is gaining the increased support of Cuban-Americans. A “poll conducted last month by Bendixen & Amandi International found that 51 percent of Cuban-Americans agreed with the decision to start normalizing relations with Cuba, an increase from 44 percent in a survey in December.”

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[1] This post is based upon the following sources: Friedman, Iran and the Obama Doctrine, N.Y. Times (April 5, 2015); Nat’l Pub. Radio, Transcript: President Obama’s Full NPR Interview On Iran Nuclear Deal (April 7, 2015); White House, On-the-Record Conference Call on the P{resident’s Trip to Jamaica and Panama (April 7, 2015); Reuters, Obama Says Would Move Fast to Take Cuba Off Terrorism Sponsor List, N.Y. Times (April 7, 2015); Reuters, U.S. Closing In on Recommendation to Remove Cuba From State Terrorism List, N.Y. Times (April 7, 2015); Davis, Latin American Trip Will Test Obama’s Push for Ties with Cuba, N.Y. Times (April 8, 2015); Neuman, White House Seeks to Soothe Relations with Venezuela, N.Y. Times (April 7, 2015); Editorial, Cuban Expectations in a New Era, N.Y. Times (April 7, 2015).

[2] The President’s executive order and the reactions in Latin America were subjects of posts on March 16, 18, 19 and 20.

[3] Mr. Rhodes’ dismissal of the preamble to the executive order, in my opinion, is undoubtedly correct as a matter of U.S. national security and is helpful in trying to calm Latin American nerves, But Rhodes’ comment raises a troubling question. I assume the preamble is based upon a federal statute allowing certain sanctions to be imposed in certain circumstances threatening national security. If that is the law and if, in fact, Venezuela does not impose a threat to national security, then is the executive order illegal under U.S. law?

 

Criticism of Venezuela’s Response to President Obama’s Executive Order

An op-ed in El Pais, Spain’s leading newspaper, by Peace Zárate, an expert in public international law, criticizes Venezuela’s response to President Obama’s March 9th executive order. [1]

According to the author, the Venezuelan and UNASUR reactions to the executive order prompt four questions and answers.

First, are the reactions proportional to the executive order? “No” is his answer. He reasons, “No doubt that Caracas has the sovereign right to feel offended by the actions taken by the U.S. government. However, these [U.S.] actions are not “the most aggressive, . . . nefarious, unfair, and . . . [unprecedented measures] against Venezuela” as described by [Venezuelan President] Maduro. The measures have not been taken against the country as a whole, nor against all its citizens, nor against its economy, trade and bilateral investments, but only [against] seven officials individually responsible for severe and massive human rights violations. . . . These seven individuals are prohibited from entering U.S. territory and prevented from making transactions relating to assets located in the [U.S.].”

Second, are these sanctions illegal? “No,” again is his answer. He says, “The justification given by the Obama administration was respect for human rights and safeguarding democratic institutions within the framework of international law. These rules are contained in both treaties to which Venezuela and the [U.S.] are signatories, and in customary international law. Serious violations of human rights are not ‘internal affairs.’ They are the exception to the principle of non-intervention. And in the case of Venezuela, these violations have been established by the U.N. and [the] most respected international non-governmental human rights organizations, including Amnesty International and Human Rights Watch.” Moreover, the “U.S. sanctions [against] seven Venezuelan officials are: a minor gesture and [permissible].”

Third, was the U.S. entitled to impose these sanctions? “Yes,” is his answer even though the U.S. does not have a perfect record on human rights and even though “countries generally tend to avoid taking [their] own actions when human rights are violated in another state. . . .But this reluctance does not mean [a] State cannot adopt sanctions. . . .  And to do that, international law does not [require a state to have an unblemished record] (no state has that).”

Fourth, “what effect will [the sanctions] have for the individual rights of the citizens of Venezuela, where repression leads [to] a growing account of death and torture [as it] is governed by decree?” That question is unanswered even as “the practical effects for the seven Venezuelan officials affected by the sanctions are minimal” and “the impasse between Washington and Caracas eventually [will] be solved.”

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[1] The reactions of Venezuela, UNASUR and ALBA were described in prior posts: U.S. and Cuba Squabble Over U.S. Sanctions Against Certain Venezuelans (Mar. 16, 2015); Venezuela’s Open Letter to the People of the United States (Mar. 18, 2015); and ALBA Emergency Meeting’s Action Regarding President Obama’s Executive Order Imposing Sanctions on Seven Venezuelans (Mar. 19, 2015).

ALBA Emergency Meeting’s Action Regarding President Obama’s Executive Order Imposing Sanctions on Seven Venezuelans

As discussed in a prior post, Venezuela has been organizing Latin American opposition to President Obama’s March 9th executive order imposing sanctions on seven Venezuelans. The latest venue for such opposition was the March 17th ALBA emergency meeting in Caracas, Venezuela.

This post will discuss that ALBA resolution and Cuban President Rául Castro’s passionate speech at the meeting against the U.S. and the executive order. We will conclude with some observations.

ALBA’s Resolution Regarding the U.S. Executive Order [1]

After speeches and discussion, ALBA adopted a resolution that:

  • Demanded “the U.S. government and its president, [to] repeal Executive Order adopted on March 9, 2015, against the Bolivarian Republic of Venezuela, which constitutes a threat to their sovereignty and interference in the internal affairs of this sister nation.”
  • Expressed “their strong support for the process of dialogue for the restoration of relations between Cuba and the [U.S.], urging President Obama to adopt with determination the measures within their executive powers to amend the implementation of the economic, commercial and financial [embargo or blockade], and to stop the illegal occupation of the territory occupied by the Guantanamo Naval Base.”
  • Urged “Panama, as host of the VII Summit of the Americas to ensure through a transparent process the widest, legitimate and representative participation in the Forum of Civil Society, popular movements and country NGOs that advocate for nuclear disarmament, environmentalists, against neoliberalism, the Occupy Wall Street and Occupy region, university and secondary students, farmers, unions, indigenous communities, organizations that oppose the contamination of shale, advocates for the rights of immigrants, denouncing torture, extrajudicial killings, police brutality, racist practices, claiming for women equal pay for equal work, which require compensation for damage to the transnational companies.”

President Rául Castro’s Speech [2]

President Rául Castro
President Rául Castro

“ALBA brings us together today to reaffirm our firmest support for the Bolivarian people and government in the face of the latest interventionist measures and threats from the U.S. government against Venezuela.” (In the photograph to the left Cuban Foreign Minister Bruno Rodriguez Parrilla is seated behind President Castro at the ALBA meeting.)

“The facts demonstrate that history cannot be ignored. The relations between the United States and Latin America and the Caribbean have been marked by the “Monroe Doctrine” and the objective of exercising domination and hegemony over our nations.”

“Simon Bolívar had anticipated that the [U.S.] ‘seems destined by Providence to plague America with misery in the name of Liberty,’ and [Jose] Martí fell in combat before concluding the letter in which he explained the “duty of preventing the [U.S.] from spreading throughout the Antilles as Cuba gains its independence, and from overpowering with that additional strength our lands of America.’”

“Later came the military interventions, the coup d’états, the maneuvers to overthrow nationalist or progressive governments, the backing of bloody military dictatorships, the undercover operations, the support for terrorism and subversion, as well as the appropriation and plundering of our resources to perpetuate dependence and underdevelopment.”

Cuba’s “triumphant audacity to carry out a socialist revolution just 90 miles from the [U.S.] has meant immense sacrifices, suffering, loss of life and material deprivation for the Cuban people, subject to . . . every kind of hostility, including the support and organization of armed bands in the mountains from . . . [late]1959, the Bay of Pigs Invasion in 1961 and the formalization of the blockade in 1962, all with the stated intention of defeating the Revolution and changing the political, economic and social order we freely chose and subsequently confirmed in a constitutional referendum.”

“The result has been a resounding failure [for the U.S.], the harming of our people and the complete isolation of the [U.S.] . . . , as recently recognized by President Barack Obama on announcing a new policy [on December 17, 2014] and resolving to open another chapter. However, his government spokespeople insist on clarifying that the objectives persist and only the methods change.”

“The triumph of the Bolivarian Revolution was an extraordinary milestone in the history of Venezuela and the whole region, which had begun to awaken from the long neoliberal slumber. An era of change commenced in the continent and other nations decided to embark on the path towards full independence and integration and again take up the flags of our national heroes.”

“ALBA, UNASUR [and] CELAC were created, which united, in their diversity, previous groupings and initiatives of genuine Latin Americanist and Caribbean calling, founded on principles of solidarity, cooperation, social justice and defense of sovereignty.”

“PetroCaribe was an extraordinary, generous and humanistic contribution of President Hugo Chávez Frías. Now [the U.S.] wants to destroy PetroCaribe, to threaten its member states, to submit them to the oil multinationals and separate them from Venezuela. They do not realize that our peoples have decided, irrevocably, to continue our unstoppable advance and fight for a multipolar and just world, where those who were historically excluded have a voice, hope and dignity.”

“U.S. imperialism has attempted, without success, practically all possible formulas to destabilize and subvert the Bolivarian Chavista revolution, to recover its control of the largest oil reserves on the planet, and to deliver a blow to the integrationist, emancipation process underway in Our America.”

“The arbitrary, aggressive, unjustified executive order issued by the [U.S.] President regarding the Bolivarian Republic of Venezuela’s government, describing it as a threat to its national security, shows that the [U.S.] is able to sacrifice the peace and the direction of hemispheric and regional relations, for reasons of domination and domestic politics.”

“The idea is untenable that a country like Venezuela — which has shown so much solidarity, never invaded or harmed any other, and contributes in a significant and altruistic manner to the energy security and economic stability of a considerable number of nations of the continent — could represent a threat to the security of the greatest super-power in history.”

“We support the honorable, valiant, constructive position taken by President Nicolás Maduro, who, despite the seriousness of this threat, has extended his hand to the [U.S.] President to initiate a dialogue based on international law and mutual respect, which could lead to the unconditional revocation of President Obama’s executive order and the normalization of relations. ALBA and CELAC should join in this proposal.”

“Today Venezuela is not alone, nor is our region the one it was 20 years ago. We will not tolerate the violation of sovereignty or allow peace in the region to be broken with impunity.”

“Threats to the peace and stability of Venezuela represent threats to regional stability and peace, as well.”

“The peace, which Venezuela today demands and which we all need, [is] a “peace with justice, with equality; the peace on our feet, not on our knees; peace with dignity and development,” as Maduro said. It is the peace to which we committed ourselves in the Proclamation of Latin America and the Caribbean as a Zone of Peace, adopted by the II CELAC Summit in Havana.”

Cuba’s “position under these circumstances remains unchanged. I reiterate the firm solidarity of the Cuban Revolution with the Bolivarian Revolution, with constitutional President Nicolás Maduro and with the civic-military union which he heads. I reiterate our absolute loyalty to the memory of Comandante Hugo Chávez Frías, the Cuban Revolution’s best friend.”

“We reaffirm once again, “The Cuban collaborators present in [our] sister country [Venezuela], will continue to fulfill their duties under any circumstances whatsoever, to the benefit of the fraternal, noble, generous people of Venezuela.”

“The [U.S.] must understand once and for all that it is impossible to seduce or buy Cuba, or intimidate Venezuela. Our unity is indestructible.”

“Nor will we concede one iota in the defense of sovereignty and independence, or tolerate any type of interference or conditions on our internal affairs.”

“Nor will we cease to defend just causes in Our America and the world, nor will we ever abandon our brothers in the struggle. We have come to close ranks with Venezuela and ALBA, and reaffirm that principles are not negotiable.”

“To defend these convictions, we will attend the 7th Summit of the Americas. We will present our positions with firmness, clarity and respect. We will reject with determination any attempt to isolate or threaten Venezuela, and demand a definitive end to the blockade of Cuba. Cuban civil society will be the voice of those without a voice, and we will expose the mercenaries who will appear there [posing] as Cuba’s civil society.”

“We must call upon all peoples and governments of Our America to mobilize and remain alert in the defense of Venezuela. Solidarity is the foundation of unity and regional integration.”

Conclusion

As mentioned in a prior post, I have not been a close observer of events in Venezuela and U.S. relations with that country and thus have no grounds for siding with Venezuela’s version of those events and relations or with the U.S. version. Therefore, I will try to set out these different versions in future posts [3] and invite respectful comments agreeing or disagreeing with these conflicting versions and hopefully containing citations to sources.

As an advocate for U.S.-Cuba reconciliation, I am troubled by the prospect that what I have called the “squabble” over President Obama’s March 9th executive order will adversely affect or derail that reconciliation, a concern heightened by the previously mentioned speech by President Castro.

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[1] Declaration of the Special Summit of Heads of State and Government of the Bolivarian Alliance for the Peoples of Our America-Trade Treaty (ALBA-TCP), Granma (Mar. 17, 2015); Hernández, Cuba and Alba in solidarity with Venezuela, Granma (Mar. 18, 2015).

[2] Rául Castro, We must call upon all the peoples and governments of Our America to mobilize and be alert in defense of Venezuela, Granma (Mar. 18, 2015). The day before this speech the President’s brother, Fidel Castro, in a long letter to Venezuelan President Maduro condemned “the outrageous policy of the United States government toward Venezuela and Alba.” Fidel concluded by saying, “Whatever U.S. imperialism may do, it will never be able to count on them [the Bolivarian National Armed Forces] to do what they did for so many years. Today Venezuela can count on the best-equipped soldiers and officers in Latin America. When you [Maduro] met with officers recently, it was evident that they were ready to give their last drop of blood for the homeland.” (Fidel sends message to President Nicolás Maduro, Granma (Mar. 17, 2015).)

[3] Venezuela’s version of events was set forth in this post and in “Venezuela’s Open Letter to People of the United States.”  Both sides’ versions were discussed in “U.S. and Cuba Squabble Over U.S. Sanctions Against Certain Venezuelans” (Mar. 16, 2015),

 

 

 

 

 

 

 

 

 

 

Venezuela’s Open Letter to the People of the United States

On March 17 the Government of Venezuela placed a full-page advertisement in the New York Times under the headline: “Letter to the People of the United States: “Venezuela Is Not a Threat” from its Ministry of Foreign Affairs. [1]

Because of the ad’s importance in the ongoing issues involving the United States, Venezuela and Cuba and because ads are not included in the online New York Times, this post sets forth the complete contents of the ad without comment.

Letter to the People of the United States: “Venezuela Is Not a Threat”

“Freedom and Independence. More than two centuries ago, our fathers founded a Republic on the basis that all persons are free and equal under the law. Our nation made the greatest sacrifices to guarantee South American people their right to choose their rulers and to enforce their own laws today. The historical legacy of our father, Simón Bolívar, is always remembered. Bolívar was a great man who gave his life so we would inherit a nation of justice and equality.”

“We believe in Peace, National Sovereignty and International Law. We are a peaceful people. In two centuries of independence, we have never attacked another nation. Our people live in a region of peace, free of weapons of mass destruction, and in freedom to practice all religions. We uphold respect for international law and the sovereignty of all people of the world.”

“We are an Open Society. We are a working people, we care for our families, and we have freedom of religion. Immigrants from around the world , live among us, whose diversity is respected. We have freedom of the press and we are enthusiastic users of social media.”

“We are friends of the American people: The histories of our people have been connected since the beginning of our struggles for freedom. Francisco de Miranda, a Venezuelan hero, fought with the American people during their independence fight. We share the idea that freedom and independence are fundamental elements for the development of our nations.”

“The relations between our peoples have always been peaceful and respectful. Historically, we have shared business relations in strategic areas. Venezuela has always been a responsible and trustful energy provider for the American people. Since 2005, Venezuela has provided ‘heating oil’ through subsidies for low-income communities in the United States, thanks to our company, CITGO. This contribution has helped tens of thousands of American citizens survive in harsh conditions, giving them relief, and necessary support in times of need, evidencing how solidarity can create powerful alliances across borders.”

“Incredibly, the U.S. government has declared our country a threat to its national security and foreign policy. In a disproportionate action, the government of Obama has issued a ‘National Emergency’ declaring Venezuela as a threat to its national security (Executive Order, 09-15-2015). This unilateral and aggressive measure taken by the United States Government against our country is not only unfounded and in violation of basic principles of sovereignty and self-determination under international law, but also has been unanimously rejected by all 33 nations of the Community of Latin American and Caribbean States (CELAC) and the twelve member states of the Union of South American Nations (UNASUR). In a statement made on March 14, 2015, UNASUR reiterated its firm rejection of these coercive measures that do not contribute to the peace, stability and democracy in our region and called on President Obama to revoke his Executive Order against Venezuela.”

“We reject unilateralism and intervention. President Obama, without any authority to interfere in our internal affairs, unilaterally issues a set of sanctions against Venezuelan officials with potentially far-reaching implications, interfering in our constitutional order and our justice system.”

“We advocate for a multipolar world. We believe that our world must be based on the rules of international law, without interference in the internal affairs of other countries. We are convinced that the relationship of respect between all nations is the only path for strengthening peace and coexistence, as well as for assuring a more just world.”

“We honor our freedoms and uphold our rights. Never before in the history of our nations, has a president of the United States attempted to govern Venezuelans by decree. It is a tyrannical and imperial order and it pushes us back into the darkest days of the relationship between the United States and Latin America and the Caribbean.

“In the name of our long-term friendship we alert our American brothers and sisters, lovers of justice and freedom, of the illegal aggression committed by your government on your behalf. We will not allow our friendship with the people of the United States to be affected by this senseless and groundless decision by President Obama.”

“We demand: 1. The U.S. Government immediately cease hostile actions against Venezuelan people and democracy. 2. President Obama abolish the Executive Order that declares Venezuela a threat to U.S. national security, as it has been requested by the Union of South American Nations (UNASUR). 3. The U.S. government retract its libelous and defamatory statements and actions against the honorable Venezuelan officials who have just obeyed our laws and our constitution.”

“Our sovereignty is sacred. The principles of the founding fathers of the United States of America are followed today with the same dignity by the people of Simón Bolívar. In the name of our mutual love for national independence we want the government of President Obama to think about and rectify this dangerous precedent.”

“We are convinced that the defense of our freedom is a right we shall never give up because the future of humanity lies also in our country. As Simón Bolívar said: ‘The freedom of the New World is the hope of the universe’.”

“’Venezuela is not a threat, but a hope,’ ‘Independence or nothing’– Simón Bolívar”

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[1] Advertisement, Letter to the People of the United States: Venezuela Is Not a Threat, N.Y. Times at A7 (Mar. 17, 2015); Assoc. Press, Venezuela Runs Ad In New York Times Accusing US of Hostility, N.Y. Times (Mar. 17, 2015); Venezuela NYT publishes open letter denying that threat to US, el Nuevo Herald (Mar. 17, 2015).

 

 

 

 

 

 

 

U.S. and Cuba Squabble Over U.S. Sanctions Against Certain Venezuelans

The U.S. and Cuba (and indeed most of the rest of Latin America) are in a squabble over recent sanctions imposed against certain Venezuelans by an executive order issued by President Obama. After reviewing immediate events leading up to the imposition of sanctions, this post will discuss the executive order and the reactions thereto from Venezuela, Cuba and the rest of Latin America.

Events Leading Up to the Imposition of Sanctions [1]

In February 2014 there were opposition protests calling for Venezuelan President Nicolas Maduro’s resignation that sparked violence killing 43 people. In February of 2015 protesters and security forces clashed sporadically around that anniversary, while a shrinking economy and chronic product shortages have sent Maduro’s popularity tumbling.

In early February 2015, Antonio Ledezma, who is an opposition leader and the Mayor of Caracas, and two other opposition leaders signed a published open letter to President Maduro calling for a “national agreement for a transition.”

On February 10, the government announced a new three-tier currency scheme that amounted to a de facto devaluation of almost 70 percent, spurring outrage among opposition critics. This was a response to tumbling oil prices that have left the country struggling to meet its budget needs amid bulging foreign debt payments.

On February 19, the Venezuelan government announced that Ledezma had been arrested in order to halt an alleged U.S.-backed coup plot. The next day the government said that Ledezma had been indicted on charges of conspiracy against the Venezuelan government and plotting an American-backed coup. His attorney will be asking a judge to dismiss conspiracy charges against him, calling accusations that he participated in a plot to overthrow Venezuela’s socialist government “totally unfounded.”

Also on the 19th Maduro called for the Venezuelan people to defend national peace and be prepared “to deal with any scenario that may occur in Venezuela as a result of U.S. imperial aggression against our country.” That same day the Venezuelan Supreme Tribunal of Justice issued a statement reminding the U.S. that it had no jurisdiction to apply its laws outside its territory against the sovereignty and institutions of democracy in Venezuela. [2]

On February 20th the White House’s Press Secretary, Josh Earnest, responded to these charges. He said: “The United States is not promoting unrest in Venezuela, nor are we attempting to undermine Venezuela’s economy or its government.  In fact, the United States remains Venezuela’s largest trading partner.  The Venezuelan government should stop trying to distract attention from the country’s economic and political problems, and focus on finding real solutions through democratic dialogue among the people of Venezuela.  The Venezuelan government should respect the human rights of its citizens and stop trying to intimidate its political opponents.”

According to the Press Secretary, the U.S. continues “to call on the Venezuelan government to release political prisoners, including dozens of students; opposition leader; and Mayors Daniel Ceballos and Antonio Ledezma.” The U.S. “Treasury Department and the State Department are obviously closely monitoring this situation and are considering tools that may be available that could better steer the Venezuelan government in the direction that they believe they should be headed.  That obviously means that we’re continuing to engage other countries in the region in talking about operating in coordinated fashion as we deal with the situation there.”

The same day a Department of State spokesperson stated: The Venezuelan accusations “are false and baseless. And our view continues to be that political transitions must be democratic, constitutional, peaceful, and legal. We do not support a political transition in Venezuela by non-constitutional means. We’re not promoting unrest in Venezuela, nor are we attempting to undermine Venezuela’s economy or its government. And this is a continued effort . . . of the Venezuelan Government to try to distract attention from the country’s economic and political problems and focus and try to distract and make these false accusations.”

In addition, the State Department official stated the U.S. had reports that the Venezuelan intelligence service had detained the Caracas metropolitan mayor and searched his office [and] . . . that military intelligence officials plan to move opposition leader Leopoldo Lopez from his prison cell and transfer him to an unknown location. We are deeply concerned by what appears to be the Venezuelan Government’s efforts to escalate intimidation of its political opponents by rounding up these prominent leaders of the opposition. Venezuela’s problems cannot be solved by criminalizing dissent.”

President Obama’s Executive Order [3]

 On March 9th President Obama issued an executive order that blocked any U.S. assets of seven named Venezuelans and others who might be named by the U.S. Department of the Treasury, that barred these individuals from entering the U.S. and that prohibited U.S. persons from doing business with them.

These individuals were determined by the U.S. to be “responsible for the erosion of human rights guarantees, persecution of political opponents, curtailment of press freedoms, use of violence and human rights violations and abuses in response to antigovernment protests, and arbitrary arrest and detention of antigovernment protesters, as well as significant corruption.”

The executive order was not directed at the people or economy of Venezuela.

The disputes over this executive order, however, are not over these provisions, but instead to its preamble, which states:

  • “[T]he situation in Venezuela, including the Government of Venezuela’s erosion of human rights guarantees, persecution of political opponents, curtailment of press freedoms, use of violence and human rights violations and abuses in response to antigovernment protests, and arbitrary arrest and detention of antigovernment protestors, as well as the exacerbating presence of significant public corruption, constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States, and [the President] hereby declare a national emergency to deal with that threat.” (Emphasis added.)

 Venezuela’s Response to the Executive Order [4]

On March 10 President Maduro requested the Venezuelan legislature to enact an Anti-Imperialist Enabling Law granting him power to enact laws by his decree for the rest of this year in order to “defend the peace, sovereignty and full development of Venezuela in the face of threats from the United States empire.” Maduro said “no one in the world could believe the assertion [that Venezuela posed a national security threat to the U.S.] since the Venezuelan people are known as ‘peaceful, democratic, humanist and have a foreign policy directed toward understanding and peace . . . leaders in the struggle for integration and unity.’”

On March 14, upon Maduro’s order, Venezuela conducted a military exercise to counter an alleged U.S. threat by deploying Venezuelan soldiers and partisans across the country to march, man shoulder-fired missiles and defend an oil refinery from a simulated attack. Venezuela’s navy also performed exercises in the Caribbean Sea.

On Sunday (March 15) Venezuela’s legislature granted the requested presidential decree powers, which Maduro says are necessary to defend the country from the U.S. and which his opponents say are to justify repression and distract Venezuelans from economic problems, including acute shortages. Indeed, the country is suffering the highest inflation in the Americas, long lines for food and medicine, and shortages of many basic products.

President Maduro immediately responded to the legislature’s action. He insisted that Venezuela was ready to talk, “one on one, face to face, with respect, without arrogance or hubris” with the U.S. The first item on the agenda for such a meeting, he said, would be the immediate rescission of President Obama’s executive order.

 Cuba’s Response to the Executive Order [5]

Since Venezuela is a major ally of Cuba and the supplier of oil to Cuba, it is not surprising that the Cuban press recently has been full of Cuba’s support of Venezuela, both before and after the issuance of the executive order. Here are some of those expressions of support:

  • On March 5, Granma, Cuba’s official newspaper, issued a laudatory article about Venezuela’s former President, Hugo Chávez. It said he was “remembered . . . for his charisma, his arousing speech, his sincerity, his constant anguish to deliver for his people. Those who knew him say he often felt as though he were plowing the sea with that desire, so characteristic of him, to remain loyal to the people.” Now, “two years after his departure, . . . Chávez will be awakened together with Bolívar, to continue guiding Venezuela and Latin America.”
  • On March 6, Cuban First Vice President of the Councils of State and Ministers (and the presumptive successor to Raúl Castro as President of Cuba), Miguel Díaz-Canel Bermúdez, was in Caracas to participate in the commemoration of the second anniversary of death of Chávez, and Díaz-Canel declared that Cuba always will be a true friend of the Bolivarian Revolution.
  • On March 9, immediately after the issuance of the executive order, the Cuban government reiterated “its unconditional support and that of our people for the Bolivarian Revolution, the legitimate government of President Nicolás Maduro Moros and the heroic sister nation of Venezuela.” The Cuban government stated, “Nobody has the right to intervene in the internal affairs of a sovereign State or to declare it, without grounds, a threat to its national security.” Venezuela does not have the resources or officials to threaten the United States, and the executive order “reaffirms . . . the interventionist nature of U.S. foreign policy.”
  • On March 10, Fidel Castro in a letter to President Maduro said, “I congratulate you on your brilliant and courageous speech against the brutal plans of the U.S. government. Your words go down in history as proof that humanity can and must know the truth.”
  • On March 13 Cuban Foreign Minister Bruno Rodriguez Parrilla said that any attack on Venezuela was also an attack on Cuba and that the U.S. “has provoked serious damage to the environment in the hemisphere on the eve of the Summit of the Americas.” He added, “I hope that the U.S. government understands that it can’t handle Cuba with a carrot and Venezuela with a garrote.”
  • On March 15 thousands of Cubans attended a concert in support of Venezuela at the University of Havana. One of the Cuban Five and a Hero of the Republic of Cuba, René González, addressed the crowd, saying, “We all had in mind the warning of Che that imperialism cannot be trusted,” and that warning was confirmed by the March 9th executive order.

Other Latin American Countries’ Reactions [6]

On March 14, at Venezuela’s request, the 12-nation Union of South American Nations (UNASUR) reaffirmed “their commitment to the full observance of international law, the Peaceful Settlement of Disputes and the principle of nonintervention” and reiterated their “call for governments to refrain from applying unilateral coercive measures that violate international law.” It, therefore, called on the U.S. “to evaluate and implement alternatives for dialogue with the government of Venezuela, under the principles of respect for sovereignty and self-determination of peoples.’ As a result, it requested “the repeal of that Executive Order.”

On March 17 the Bolivarian Alliance for the Peoples of Our Americas (ALBA), at the request of Venezuela, will meet in Caracas to declare solidarity with Venezuela in its disputes with the U.S.

Conclusion

Although I am not a close follower of events in Venezuela, I do know that the recent huge declines in world oil prices have devastated its economy, that it is suffering horrendous inflation forcing it to devalue its currency, that there are shortages of all sorts of consumer products and that its government has imprisoned dissidents, including the Mayor of Caracas.

I also believe that the U.S. government must have had good cause to impose sanctions on the seven individuals named in the executive order.

Therefore, the protests of Venezuela, Cuba and the other Latin American nations, in my opinion, are not justified. The U.S. hopes for a cordial Summit of the Americas next month in Panama to celebrate a U.S.-Cuba reconciliation, however, appear to have been scuttled.

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[1] Pons & Ellsworth, Update 3-Venezuela announces new currency system, large devaluation seen, Bloomberg (Feb. 10, 2015); Reuters, Venezuela Arrests Opposition Mayor Accused of Coup Plot, N.Y. Times (Feb. 19, 2015);  White House, Press Briefing by Press Secretary, Josh Earnest, 2/20/15 (Feb. 20, 2015); U.S. Dep’t State, Daily Press Briefing (Feb. 20, 2015); Assoc. Press, Lawyer: Jailed Caracas Mayor to Fight Conspiracy Charges, N. Y. Times (Feb. 21, 2015); Gupta, Venezuela Mayor Is Accused of U.S.-Backed Coup Plot, N.Y. Times (Feb. 21, 2015),

[2] Cuba’s official newspaper, Granma, parrotted the Venezuelan government’s version of events. (E.g., Venezuela faces a stroke of continued fate, Granma (Feb. 20, 2015); Statement of the Ministry of Foreign Affairs of the Republic of Cuba, Granma (Feb. 20, 2015).)

[3] White House, Executive Order—Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Venezuela (Mar. 9, 2015); White House, Fact Sheet: Venezuela Executive Order (Mar. 9, 2015); White House, Letter [to Speaker of U.S. House of Representatives]—Declaration of a National Emergency with respect to Venezuela (Mar. 9, 2015); White House, Statement by the Press Secretary on Venezuela (Mar. 9, 2015);DeYoung & Miroff, White House steps up sanctions against Venezuelans, Wash. Post (Mar. 9, 2015). The executive order was issued under (a) the International Emergency Economic Powers Act and (b) the Venezuela Defense of Human Rights and Civil Society Act of 2014. In section 2 of that latter statute, Congress found, among other things, that the Central Bank of Venezuela and the National Statistical Institute of Venezuela had determined that the annual inflation rate in Venezuela in 2013 was 56.30, the highest level of inflation in the Western Hemisphere and the third highest level in the world; that Venezuela’s currency controls have become the most problematic factor for doing business in the country; and that HumanRights Watch has reported the government intimidates,censors and prosecutes its critics.

[4] Editorial, In Venezuela, Punishing Scapegoats, N.Y. Times (Mar. 5, 2015); Toro & Kronicks, Venezuela’s Currency Circus, N.Y. Times (Mar. 6, 2015); Miroff & DeYoung, New U.S. sanctions lost in Venezuelan translation, Wash. Post (Mar. 11, 2015); Reuters, Mind Your Manners, Venezuela Tells U.S. Official, Jacobson, N.Y. times (Mar. 11, 2015); Neuman, Obama Hands Venezuelan Leader a Cause to Stir Support, N. Y. Times (Mar. 11, 2015); Editorial, A Failing Relationship with Venezuela, N. Y. Times (Mar. 12, 2015); Assoc. Press, Venezuela Conducts Military Exercises, Claims US Threat, N.Y. Times (Mar. 14, 2015); Reuters, Venezuela Stages Military Exercises to Counter U.S. ‘Threat,’ N.Y. Times (Mar. 15, 2015); Buitrago & Cawthorne, Elected officials grant Venezuela leader broad powers, Wash. Post (Mar. 15, 2015).

[5] Statement from the Revolutionary Government of the Republic of Cuba, Granma (Mar. 10, 2015); Letter from Fidel to Maduro, Granma (Mar. 10, 2015); Pasiero, Venezuela is sacred and to be respected, Granma (Mar. 10, 2015); Pasiero, Cuba reiterates its unconditional support of Venezuela, Granma (Mar. 6, 2015); Chávez, forever present, Granma (Mar. 5, 2015); Pasiero, Mature relationships requires respect for the United States, Granma (Mar. 16, 2015); Venezuela Are All, Granma (Mar. 16, 2015); Prada & Rodriguez, Voices for solidarity with Venezuela, Granma (Mar. 16, 2015).

[6] UNASUR, Press Union of South American Nations Executive Decree of The Government of the Unites States of Venezuela (Mar. 14, 2015); Assoc. Press, South American Bloc Demands US Revoke Venezuela Order, N.Y. Times (Mar. 14, 2015). UNASUR members are Argentina, Brazil, Bolivia, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela. ALBA members are Antigua and Barbuda, Bolivia, Cuba, Dominica, Ecuador, Grenada, Nicaragua, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and Grenadines and Venezuela.