Cuba’s Elections, 2017-2018

Cuba has elections by private ballot for members of its local legislatures (Municipal Assemblies of People’s Power); provincial legislatures (Provincial Assemblies of People’s Power); and national legislature (National Assembly of People’s Power). The initial such election in 2017-2018 occurred on November 26 for the local legislatures. This post looks at that election and the direct elections early next year for the other legislatures and the indirect election on February 24, 2018, of Cuba’s president.[1]

Municipal Assemblies of People’s Power Election

On November 26, Cuba held its national election of delegates to 168 Municipal Assemblies of People’s Power, which are local governing bodies. There were more than 42,300 polling stations and 27,221 candidates, 35.4% of whom were women, and 19.4%, young people. The majority of candidates have secondary and higher education, and workers from the production and services, as well as administration sectors, are most widely represented, although there are also non-state sector workers among the candidates. These candidates were chosen by nomination assemblies from September 4 through October 30 with the participation of 6.7 million voters. Such elections occur every two and a half years.[2]

Preliminary electoral data reveals that 7.6 million Cubans voted, which was 85.9% of those on the electoral register and that 11,415 delegates were elected. Another 1,100 delegates will be elected in a second round of voting on December 3 as a result of ties or no one receiving more than 50% of the valid votes.[3]

The 85.9% turnout sounds incredibly high to American observers. However, it was the lowest participation since the late Fidel Castro imposed a system of elections in 1976. Moreover, 8.2% of the ballots were left blank or annulled. Thus, a combined 22.3% of the population did not vote or rejected the government-sanctioned candidates. Even this figure may understate the proportion of non-participation as opposition activists question the validity of the official statistics.

The U.S. State Department immediately attacked the validity of these municipal elections. Its spokeswoman, Heather Nauert, said they were “the first stage in what we consider to be a flawed process that will culminate in a non-democratic selection of a new president in 2018. Unfortunately, the elections that took place further demonstrate how the Cuban regime maintains an authoritarian state while attempting to sell the myth of a democracy around the world.” She added, “Despite courageous efforts by an unprecedented number of independent candidates this year, none . . . [was] allowed on the ballot. The regime, once again, used intimidation, arcane technicalities, and false charges to discourage and disqualify independent candidates from running. Democracy is not quantified by participation alone; democracy is undermined when voters may only choose candidates who follow one ideology.” [4]

Yet another negative comment was made by Ms. Nauert. “It’s important to remember the dozens of political prisoners who are unjustly held in Cuba. So far in 2017, there have been more than 4,500 arbitrary detentions for political motives. The detentions show that Cuban citizens cannot exercise their fundamental freedoms to organize, assemble, or express themselves. Those are all vital components of democratic elections.”

There indeed is evidence that the Cuban Government took steps to discourage, and in fact, to eliminate independent candidates from running for these municipal government positions. An independent Cuban news source reported that the “majority of the  independent candidates  who tried to run for the ‘elections’ in the Nominating Assemblies of constituency delegates did not achieve their goal. The regime frustrated the effort through arbitrary arrests, police summons, criminal proceedings, acts of repudiation and even the capture of people.”[5]

Miguel Diaz-Canel, Cuba’s First Vice President and the rumored next President, openly said before the elections that the government was  “taking all steps to discredit” the  independent candidates because if they reached the Municipal Assemblies that “would be a way to legitimize the counterrevolution within our civil society.”  Just after he voted, he made a lengthy statement to the  press, saying the voting would deliver a message to the world. “What message? Unity. Conviction. A message that our people don’t bow down, not to a hurricane and even less to external pressure and some people’s desire to see our system change.” He also said the future presidents of Cuba “will always defend the Revolution and will rise from among the people. They will be elected by the people. Are people forced to vote or do they take on a duty, take on an expression of continuity” in the socialist system?  “I believe in continuity and I am certain that we will always have continuity.”[6]

Provincial Assemblies of People’s Power Election

Each of Cuba’s 14 provinces has its own Assembly of People’s Power that oversees transportation and communication systems throughout the province and recommends legislation regarding national crime and allocations of resources for development. Each such Assembly elects a provincial committee whose  president functions as the provincial governor.

The provincial assembly members are elected directly by the people to five-year terms, Only candidates belonging to the Communist Party of Cuba are allowed to run. Their next election will be in early February 2018.

 National Assembly of People’s Power Election

In early February 2018 there will be a national direct election of 614 members of the unicameral National Assembly for five-year terms. This election is limited to a slate of approved candidates chosen by the National Candidature Commission, and such candidates run unopposed. Candidates are required to obtain at least 50% of the valid votes to be elected. If no candidate passes that threshold, the seat is left vacant although the Council of State my choose to hold a special election to fill the vacancy.

The National Assembly “is the supreme organ of state and the sole legislative authority. . . . [and] has the formal power, among others, to approve the budget and the national economic plan; elect the members of the Supreme Court; and generally oversee the rule-making activities and electoral processes of the provincial assemblies and municipal assemblies.” But it “meets [only] twice a year for a few days to rubber stamp decisions and policies previously decided by the governing Council of State.”

Since the National Assembly meets only twice a year for a few days each time, the 31-member Council of State wields supreme legislative authority. Another body, the Council of Ministers through its nine-member executive committee, handles the administration of the government and the economy.

Cuba’s Presidential Election

There is no popular election of the president of Cuba. Instead, the newly elected National Assembly will elect an individual for that position for a five-year term with possible re-election to another such term. The current president, Raúl Castro, age 86, has said that he will not seek another term, and the current First Vice President, Miguel Diaz-Canel, is widely expected to be chosen for that office on February 24, 2018.

In addition to Diaz-Canel’s recent comments noted above, he also was the highest-ranking official at a concert held on the steps of the University of Havana last Saturday night in tribute to Fidel Castro on the first anniversary of his death. Afterwards Diaz-Canel said he was optimistic about the attitude of Cuban youths toward the system founded by Fidel Castro in 1959 and led by a member of the Castro family for nearly six decades. “When one sees young people gathering in solidarity in the name of the Cuban people, feeling so much for Fidel, I’m convinced that we’ll see the youth and the Cuban people out defending the revolution at the polls tomorrow.”[7]

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[1] This post’s simplified account of the provincial and national legislatures of Cuba and certain other organs of its government is based upon the following sources: The structure of Cuban State, Granma (Mar. 11, 2014); Cuban Government, Legislature, countriesquest.com; CIA World Factbook: Cuba;    Cuban parliamentary election, 2018, Wikipedia; Cuba’s Government, Global Security.org. Comments correcting any errors in this account are most welcome.

[2] Elections begin in Cuba, Granma (Nov. 26, 2017); Morales, Garcia & Pérez, Cuba ready for election day, Granma (Nov. 24, 2017); Elections in Cuba, Wikipedia.

[3] Morales, Second round elections scheduled for 1,100 constituencies, Granma (Nov. 28, 2017).

[4] U.S. State Dep’t, Daily Press Briefing (Nov. 28, 2017); Reuters, U.S. State Department Criticizes Cuban Municipal Vote as ‘Flawed,’ N.Y. Times (Nov. 28, 2017).

[5] Independent observers register numerous ‘incidents’ in the municipal ‘elections,’ Diario de Cuba (Nov. 27, 2017).

[6] Torres, Cuba had the lowest election turnout in four decades. Is the government losing its grip? Miami Herald (Nov. 28, 2017); Low participation in the ‘elections’ without opponents of the regime, Diario de Cuba (Nov. 28, 2017); Torres, 175 Cuban dissidents tried to run for office. Here’s how Castro’s government reacted, Miami Herald (Nov. 10, 2017).

[7] Assoc. Press, Cuba’s Expected Next President Starts to Take Higher Profile, N.Y. Times (Nov. 26, 2017).

Is Cuba-North Korea Cooperation Good or Bad for U.S.? 

On November 22-24 North Korea’s Foreign Minister Ri Yong Ho was in Havana to meet with Cuba’s Foreign Minister Bruno Rodriguez and President Raúl Castro. Was this a positive or negative development for  the U.S., which has simultaneous strained relationships with both countries?[1]

Background

Since 1960, soon after the Cuban Revolution assumed control of the island’s government, Cuba and North Korea have had close diplomatic relations. It started with a 1960 visit to North Korea by Che Guevara, who praised the North Korean regime as a model for Cuba to follow.

In 1986 Fidel Castro visited North Korea and met with the country’s founder, Kim Il-sung, and his son and successor, Kim Jong-il (the grandfather and father, respectively, of the current North Korean leader).

In July 2013, a North Korea-flagged vessel was seized by Panamanian authorities carrying suspected missile-system components hidden under 10,000 tons of sugar bags upon its return from Cuba. Cuba claimed the weapons were going to North Korea for repairs and were to be sent back. However, the next year a United Nations panel of experts concluded that the shipment had violated sanctions placed on North Korea, although Cuban entities were not sanctioned in the aftermath despite protests from the U.S.

In 2015, Cuba’s First Vice President and foreseeable successor to Raúl Castro, Miguel Díaz-Canel , was received by Kim Jong-un in the North Korean capital.

In December 2016, a North Korean delegation to the funeral of Cuban leader Fidel Castro emphasized that the two nations should develop their relations “in all spheres” — a comment that was echoed by Raúl Castro, according to state media reports at the time.

This year the Kim regime has been strengthening its ties with Cuba with a view to breaking its diplomatic isolation, before the tightening of sanctions imposed by the international community. In January, Cuban Vice President  Salvador Valdés Mesa  received the number three of the North Korean regime, Choe Ryong-hae. In May the North Korean trade union leader Ju Yong-gil visited  Havana as part of a meeting of the World Federation of Trade Unions and reportedly returned with a message of solidarity from President Raúl Castro.

The Ho-Rodriguez Meeting

Ho’s first meeting in Cuba was with Foreign Minister Rodriguez and below is a photograph of the two men at that meeting. 

Afterwards Cuba’s Foreign Ministry stated that the two officials  had “reviewed the satisfactory status and positive evolution of bilateral relations, which [are] based on the traditional bonds of friendship established by the historical leaders Fidel Castro Ruz and Kim Il Sung and the links that exist between both peoples, parties and governments.” They also asserted their “respect for peoples’ sovereignty, independence and free determination, territorial integrity, the abstention or threat of the use of force, the peaceful settlement of disputes and non-interference in the internal affairs of States.”

They then “strongly rejected the unilateral and arbitrary lists and designations established by the US government which serve as a basis for the implementation of coercive measures which are contrary to international law.” In addition, they “expressed their concern over the escalation of tensions and the increased military activity in the [Korean Peninsula].”

The Ho-Castro Meeting

After the two officials’ meeting, the official note of the meeting released on Cuban official television stated, “In the fraternal meeting both parties noted the historic bonds of friendship that exist between the two nations and discussed international issues of common interest.”

Implications for the U.S.

On November 23 Canadian Prime Minister Justin Trudeau raised the possibility that the North Korea-Cuba relationship was a positive development for the U.S. and the world. He said that last year he had discussed with Castro the possibility of working together to defuse global tensions with North Korea. “Can we pass along messages through surprising conduits?” Implicitly answering “yes” to his rhetorical question, Trudeau said. “These are the kinds of things where Canada can, I think, play a role that the United States has chosen not to play, this past year.”

Canada had an interest in seeking such solutions, not just because of regional security but also because the flight path of possible North Korean missiles would pass over its territory, Trudeau said.

An unnamed Asian diplomat had a similar thought: “We often ask the Cubans if they can talk to [the U.S. about North Korea].”

A more negative assessment was offered by an anonymous U.S. State Department official who said that the U.S. had made clear it wanted a peaceful resolution to the North Korean nuclear issue, but North Korea’s “belligerent and provocative behavior demonstrates it has no interest in working toward a peaceful solution.” Also skeptical was Anthony Ruggiero, a senior fellow at the Foundation for Defense of Democracies and a former U.S. Treasury Department official, who said,  “A key element of the Trump administration’s sanctions effort is isolating North Korea. The U.S. should warn Cuba about the dangers of a relationship with North Korea.”

Conclusion

Although this blog desperately hopes for a de-escalation of tensions between the U.S. and North Korea and the avoidance of a nuclear war, I doubt that Cuba or Canada via Cuba can make a significant contribution to that objective.

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[1] Reuters, Castro Meets North Korean Minister Amid Hope Cuba Can Defuse Tensions, N.Y. Times (Nov. 24, 2017); The North Korean chancellor brings to Raúl Castro a ‘verbal message’ from Kim Jong-un, Diario de Cuba (Nov. 24, 2017); MacDonald, North Korea relations could be cooled using Cuba, Trudeau says, Global News (Nov. 23, 2017); Reuters, Cuba, North Korea Reject ‘Unilateral and Arbitrary U.S. Demands, N.Y. Times (Nov. 23, 2017); Cuba Foreign Ministry, The Cuban Foreign Minister met with his counterpart from the Democratic People’s Republic of Korea (Nov. 22, 2017); Gomez, Bruno Rodriguez receives Foreign Minister of the Democratic People’s Republic of Korea, Granma (Nov. 22, 2017); Reuters, North Korean Foreign Minister Heads to Cuba, N.Y. Times (Nov. 20, 2017); Taylor, Amid growing isolation, North Korea falls back on close ties with Cuba, Wash. Post (Nov. 17, 2017).

 

 

The JFK Files and Cuba    

On October 26, the U.S. National Archives released additional documents from the files regarding the November 1963 assassination of President John F. Kennedy. Preliminary examination by journalists revealed what are well known facts relating to Cuba and that horrible crime.[1] Here are what some journalists report.

CIA and Defense Department Schemes To Kill Fidel Castro

“Some of the papers recounted the [CIA’s] well-chronicled schemes to kill Fidel Castro. One document, a summary of the CIA’s plans to assassinate foreign leaders, recounted how the CIA tried to use James B. Donovan, the American lawyer and negotiator made famous by the movie ‘Bridge of Spies,’ for one plot. He would give Castro a contaminated skin-diving suit while the two negotiated for the release of the Bay of Pigs prisoners.”

“It was known that Fidel Castro liked to skindive. The CIA plan was to dust the inside of the suit with a fungus producing madera foot, a disabling and chronic skin disease, and also contaminating the suit with tuberculosis bacilli in the breathing apparatus,” the paper said. Donovan didn’t go through with it, instead presenting the Cuban leader with “an uncontaminated skindiving suit as a gesture of friendship.”

“Another outlandish plot described talks of prepping a ‘booby-trap spectacular seashell’ that would be submerged in an area Castro enjoyed diving. The seashell would be loaded with explosives that would go off once lifted. ‘After investigation, it was determined that there was no shell in the Caribbean area large enough to hold a sufficient amount of explosive which was spectacular enough to attract the attention of Castro.’”

“Another scheme to kill Castro involved a CIA employee fluent in Spanish based in Cuba who was recruiting a high-ranking Cuban government official in 1963. The CIA officer and the Cuban actually met in Europe on the day of Kennedy’s assassination. The Cuban wanted the CIA to supply him with ‘some type of esoteric gadget with which he would be able to defend himself’ if he got into a fight with Castro. ‘He had in mind some sort of pellet pen,’ the document read. The agency officer didn’t have a pellet pen, but he did show his asset a ballpoint pen with a hypodermic needle ‘inside that when you pushed the lever, the needle came out and poison could be injected into someone.’”

“But the Cuban declined the gadget because it would have required him to get too close to Castro. Instead, the agent asked the CIA operative for weapons. The agency complied, sending down high-powered rifles with scopes to Cuba. The asset was never used. The case officer broke off contact in 1964.”

The Pentagon proposed “a scheme called Operation BOUNTY that sought to overthrow Cuba’s government, and established a system of financial rewards for Cubans for ‘killing or delivering alive known Communists.’ A reward would be paid to an individual upon presentation of a leaflet, with ‘conclusive’ proof of death and dead person’s party/revolutionary membership card. Cubans who played along would get a certain dollar amount based on the title of the Communist they had killed. They would get up to $100,000 for government officials and $57,500 for “department heads.” Castro, perhaps for symbolic reasons, would earn a Cuban only two cents.”

Anti-Castro Groups’ Plans

“Many of the documents center on the activities of Cuban anti-Castro groups — including Orlando Bosch’s Insurrectional Movement of Revolutionary Recovery (MIRR) — as the FBI tried to dissuade or scuttle their plans for armed invasions of the island. One FBI document from June 1959 predicts an uprising against Castro that never came: ‘Conditions are getting so bad in Cuba that it can well be that a counterrevolution will occur from within Cuba, rather than waiting for any invasion force from outside…. Powerful interests, such as bankers, sugar institute, et cetera, are extremely dissatisfied.’”

“Similarly, another 1959 FBI report relays intelligence on some Cuban exiles jockeying to replace Castro if he were to be overthrown, an outcome seen as all but assured. The same document cites the prediction by an informant that Castro ‘cannot last more than two months.’”

“A 1964 FBI memo describes a meeting in which Cuban exiles tried to set a price on the heads of Fidel Castro, Raúl Castro and Ernesto “Che” Guevara. ‘It was felt that the $150,000.00 to assassinate FIDEL CASTRO plus $5,000 expense money was too high,’ the memo noted. At a subsequent meeting, they settled on more modest sums: $100,000 for Fidel, $20,000 for Raúl and $20,000 for Che.”

Cuban Plans To Assassinate JFK?

 In 1963, the Cuban ambassador to the U.S. reacted with “happy delight” to the murder, according to a CIA memo.

In 1978 Fidel told American lawmakers that his country was not involved in the plot to kill Kennedy.

“A draft report by the House Select Committee on Assassinations found it unlikely that Cuba would kill Kennedy as retaliation for the CIA’s attempts on Fidel Castro’s life. ‘The Committee does not believe Castro would have assassinated President Kennedy, because such an act, if discovered, would have afforded the United States the excuse to destroy Cuba,’ the draft states. ‘The risk would not have been worth it.’”

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[1] Miller, Strippers, surveillance and assassination plots” The wildest JFK Files, Wash. Post (Oct. 27, 2017); Yuhas & Dart, JFK files reveal FBI warning on Oswald and Soviets’ missile fears, Guardian (Oct. 27, 2017). Some of these U.S. plots against Fidel and Cuba were discussed in a prior post about then U.S. Attorney General Robert F. Kennedy’s obsession with Cuba.

 

Bobby Kennedy’s Obsession with Combatting Communist Cuba  

A new biography of Bobby Kennedy documents his obsession with Communist Cuba while he served as U.S. Attorney General in the administration of his brother, President John F. Kennedy (1961-1963).[1]

Background

Bobby’s obsession was fueled by the anti-communism of his father, Joseph Patrick Kennedy, a successful Boston businessman, Ambassador to Great Britain for President Franklin D. Roosevelt and later financial contributor to the campaign war chests of U.S. Senator Joe McCarthy., the noted anti-communist. This in turn led to Bobby’s working for seven and a half months in 1953 as an aide to McCarthy and to a personal connection between the two men that lasted until McCarthy’s funeral in 1957. According to the biographer, “the early Bobby Kennedy embraced the overheated anticommunism of the 1950s and openly disdained liberals.” (Ch. 1.) [2]

The Bay of Pigs Invasion

Although Bobby “had played little part in planning or executing the [unsuccessful] Bay of Pigs raid” in April 1961, immediately thereafter he sought to do “whatever was needed to protect his brother’s [political] flank.” The President put him second-in-charge of the Cuba Study Group to determine what had gone wrong, and over six weeks Bobby and the three others on the committee focused on flawed tactics and slack bureaucracy, not the goals and ethics, of the invasion. Afterwards the President redoubled his engagement in the Cold War while not fully trusting his generals and spies. (Pp. 240-46.)

“Operation Mongoose”

As a result of that review, Bobby concluded that “that son of a bitch [Fidel] has to go” and became the de facto man in charge of the CIA’s “Operation Mongoose” to conduct a clandestine war against Fidel and Cuba. This Operation had 600 CIA agents and nearly 5,000 contract workers and a Miami station with its own polygraph teams, gas station and warehouse stocked with machine guns, caskets and other things plus a secret flotilla of yachts, fishing craft, speedboats and other vessels. It conducted paramilitary missions on the island, including the demolition of a Cuban railroad bridge. This Operation was based, says the biographer, on the flawed premises that the “Cuban problem [was] the top priority of the [U.S.] Government—all else is secondary—no time, money, effort or manpower is to be spared,” that “the Cuban population would rally to the anti-Castro cause” and that the U.S. secret army of Cuban exiles could “vanquish anybody.” (Pp. 247-52.)

The Operation planned and tried to execute plans to kill Fidel. Afterwards Richard Helms, then the CIA’s director of clandestine operations, observed that Bobby had stated, “Castro’s removal from office and a change in government in Cuba were then the primary foreign policy objectives” of the administration. (Id.)

The Cuban Missile Crisis

Fidel and the Soviet Union were aware of this supposed secret U.S. operation and convinced “Khrushchev he was doing the right thing by installing [Soviet] missiles” in Cuba in the summer of 1962. (P. 251.)

During the start of the Cuban missile crisis of October 1962, Bobby doubted whether an air strike on the missiles on the island would be enough and pondered whether it should be followed by an all-out invasion. He also suggested staging an incident at the U.S. base at Guantanamo Bay by sinking a U.S. ship akin to the sinking of the Maine that was the excuse for the U.S. entry into the Cuban war of independence in the late 19th century. (Pp. 263-66.)

After the President had decided on a blockade of the island, Bobby rallied support for that effort, but 10 days later he wondered whether it would be better to knock out the missiles with a U.S. air attack. (Pp. 264-66.)

Later the President and Bobby decided to accept Khrushchev’s demand for the U.S. to remove its missiles in Turkey in exchange for the Soviets’ removal of its missiles in Cuba while the U.S. part of this deal was kept secret. (Pp. 267-69.)

Aftermath

After the crisis was over, the U.S. eventually discovered that the threat from Cuba was greater than perceived at the time. The Soviets had more missiles with greater capability to take out short-range targets like Guantanamo Bay plus long-range ones like New York City. The Soviets also had 43,000 troops on the island, not the 10,000 the U.S. had thought. The Soviets also had on the island lightweight rocket launchers to repel any attacks with nuclear weapons. And the Soviet submarines in the region had nuclear-tipped torpedoes with authorizations to be used if war broke out. Moreover, Fidel at the time had encouraged Khrushchev to launch a preemptive nuclear strike on the U.S. in the event of an U.S. invasion of the island. (Pp. 272-73.)[3]

In any event, in April 1963 Bobby commissioned three studies: (1) possible U.S. responses to the death of Fidel or the shooting down of a U-2 spy plane; (2) a program to overthrow Fidel in 18 months; and (3) ways to “cause as much trouble as we can for Communist Cuba.” (Pp. 275-76.)[4]

Bobby subsequently wrote a memoir of the crisis that was intended for publication in 1968 as part of his campaign for the presidential nomination, but that did not happen because of his assassination that year. Instead it was posthumously published in 1969.[5] The biographer, Larry Tye, concludes that this memoir was untruthful in many details and was intended, for political purposes, as “a fundamentally self-serving account that casts him as the champion dove . . . rather than the unrelenting hawk he actually was through much of [the crisis].” The “biggest deceit’ of the book, again according to Nye, was “the failure to admit that the Soviet buildup [in Cuba] was a predictable response to [the] American aggression [of the previously mentioned Bay of Pigs invasion and Operation Mongoose].” (P. 239.)

Nevertheless, the biographer concludes that during the missile crisis Bobby “drew on his skills as an interrogator and listener to recognize the best ideas” offered by others and “ensured that the president heard the full spectrum of views” of those officials. In addition, Bobby was effective as an intermediary with the Soviet Ambassador. (P. 270.) Finally, the crisis helped to mature Bobby. He slowly saw “that a leader could be tough without being bellicose, [found] . . . his [own] voice on foreign affairs . . . and [stepped] out of his brother’s long shadow.” (P. 282.)

Conclusion

In the summer of 1960, through an internship from Grinnell College, I was an assistant to the Chair of the Democratic Party of Iowa and, therefore, was thrilled with John F. Kennedy’s election as president.[6]

Cuba, however, at that time was not high on my list of priorities and I was not knowledgeable about U.S.-Cuba issues. Thus, in April 1961 I have no memory of the Bay of Pigs debacle in the last semester of my senior year at Grinnell.

In October 1962 my ignorance of U.S.-Cuba issues continued during the start of my second year at Oxford University as the Cuban missile crisis unfolded. But I do recall listening to radio reports of these events and wondering whether they would lead to my being drafted and forced to return to the U.S. for military service. That, however, never happened.[7]

My interest in Cuba only began in 2001 when I was on the Cuba Task Force at Minneapolis’ Westminster Presbyterian Church to explore whether and how our church could be involved with Cuba. The result was our establishment in 2002 of partnerships with a Presbyterian-Reformed Church of Cuba in the city of Matanzas on the north coast of the island and with its national denomination. Thereafter I went on three mission trips to Cuba and started to learn about the history of U.S.-Cuba relations, to follow the current news on that subject and to become an advocate for normalization and reconciliation of our two peoples.[8]

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[1] Larry Tye, Bobby Kennedy: The Making of a Liberal Icon, Ch. 6 (Random House, New York, 2016).

[2] There are seven blog posts about Joseph Welch, the attorney for the U.S. Army in the McCarthy-Army hearings of 1954, that are listed in Posts to dwkcommentarires—Topical: UNITED STATES (HISTORY).

[3] The Cuban missile crisis has been the subject of the following posts to dwkcommetaries.com: Fidel Castro and Nikita Khrushchev’s Messages During the Cuban Missile Crisis of 1962 (Sept. 5, 2016); Conflicting Opinions Regarding the Relative Strength of U.S. and Soviet Missiles, 1960-1962 (Nov. 2, 2016); Fidel Castro’s Disingenuous Criticism of President Obama Over Nuclear Weapons (Aug. 15, 2016).

[4] After Bobby’s 1964 resignation as Attorney General, there apparently also was a 1966 CIA operation to assassinate Fidel. (See Covert CIA 1966 Operation To Assassinate Fidel Castro?, dwkcommentaries.com (May 30, 2016).)

[5] Robert Kennedy, Thirteen Days: A Memoir of the Cuban Missile Crisis (W.F. Norton & Co., New York, 1969).

[6] See these posts to dwkcommentaries.com: My Grinnell College Years (Aug. Aug. 27, 2011); Encounters with Candidates JFK and LBJ (Apr. 16, 2011).

[7] Another post to dwkcommentaries.com: My Oxford University Years (Aug. 30, 2011).

[8] My many posts about Cuba are collected in List of Posts to dwkcommentaries—Topical: CUBA.

 

President Raúl Castro Discusses Cuba-U.S. Relations

On July 14, Raúl Castro Ruz, Army General, First Secretary of the Communist Party of Cuba Central Committee and President of the Councils of State and Ministers, addressed a session of Cuba’s legislature (the National Assembly of People’s Power).[1]

A previous post discussed his remarks about Cuba’s private sector. He also made the following comments about the history of Cuba-U.S. relations.[2]

Present Castro’s Comments

President Trump’s Policies Regarding Cuba

“This past June 16, the President of the [U.S.], Donald Trump, announced his administration’s policy toward Cuba, nothing novel for sure, since he retook a discourse and elements from the confrontational past, which showed their absolute failure for over 55 years.”

“It is evident that the U.S. President has not been well informed on the history of Cuba and its relations with the [U.S.], or on the patriotism and dignity of the Cuban people.”

Cuba-U.S. Relations, 1789-2014

“History cannot be forgotten, as they have at times suggested we do. For more than 200 years, the ties between Cuba and the [U.S.] have been marked, on the one hand, by the pretensions of the northern neighbor to dominate our country, and on the other, by the determination of Cubans to be free, independent, and sovereign.”

“Throughout the entire 19th century, invoking the doctrines and policies of Manifest Destiny, of Monroe, and the ‘ripe fruit,’ different U.S. administrations tried to take possession of Cuba, and despite the heroic struggle of the mambises,[3] they did so in 1898, with a deceitful intervention at the end of the war which for 30 years Cubans had waged for their independence, and which the U.S. troops entered as allies and then became occupiers. Negotiating with Spain behind Cuba’s back, they militarily occupied the country for four years, demobilizing the Liberation Army, dissolving the Revolutionary Cuban Party – organized, founded, and led by Martí – and imposed an appendix to the Constitution of the nascent republic, the Platt Amendment, which gave them the right to intervene in our internal affairs and establish, among others, the naval base in Guantánamo, which still today usurps part of the national territory, the return of which we will continue to demand.”

“Cuba’s neocolonial condition, which allowed the [U.S.] to exercise total control over the economic and political life of the island, frustrated, but did not annihilate, the Cuban people’s longing for freedom and independence. Exactly 60 years later, January 1, 1959, with the triumph of the Revolution led by Comandante en Jefe Fidel Castro, we became definitively free and independent.”

“From that moment on, the strategic goal of U.S. policy toward Cuba has been to overthrow the Revolution. To do so, over more than five decades, they resorted to dissimilar methods: economic war, breaking diplomatic relations, armed invasion, attempts to assassinate our principal leaders, sabotage, a naval blockade, the creation and support of armed bands, state terrorism, internal subversion, the economic, commercial, financial blockade, and international isolation.”

Cuba-U.S. Relations, 2014-2017

“Ten administrations held office until President Barack Obama, in his statement of December 17, 2014, without renouncing the strategic goal, had the good sense to recognize that isolation had not worked, and that it was time for a new focus toward Cuba.”

“No one could deny that the [U.S.], in its attempts to isolate Cuba, in the end found itself profoundly isolated. The policy of hostility and blockade toward our country had become a serious obstacle to relations with Latin America and the Caribbean, and was rejected almost unanimously by the international community. Within U.S. society, growing majority opposition to this policy had developed, including among a good portion of the Cuban émigré community.”

“In the Sixth Summit of the Americas in Cartagena de Indias, Colombia, in 2012, Ecuador refused to participate if Cuba was not permitted to attend, and all Latin American and Caribbean countries expressed their rejection of the blockade and Cuba’s exclusion from these events. Many countries warned that another meeting would not take place without Cuba. As such, we arrived in April 2015 – three years later – to the Seventh Summit in Panama, invited for the very first time.”

“Over the last two years, and working on the basis of respect and equality, diplomatic relations have been reestablished and progress made toward resolving pending bilateral matters, as well as cooperation on issues of mutual interest and benefit; limited modifications were made to the implementation of some aspects of the blockade. The two countries established the bases from which to work toward building a new type of relationship, demonstrating that civil coexistence is possible despite profound differences.”

“At the end of President Obama’s term in office, the blockade, the Naval Base in Guantánamo, and the regime change policy, remained in place.”

Cuba-U.S. Relations, 2017–

“The announcements made by the current U.S. President, last June 16, represent a step back in bilateral relations. This is the opinion of many people and organizations in the [U.S.] and around the world, who have overwhelmingly expressed their outright rejection of the announced changes. This sentiment was also expressed by our youth and student organizations, Cuban women, workers, campesinos, Committees for the Defense of the Revolution, intellectuals, and religious groups, on behalf of the vast majority of the nation’s citizens.”

“The U.S. government has decided to tighten the blockade by imposing new obstacles on its businesspeople to trade and invest in Cuba, and additional restrictions on its citizens to travel to the country – justifying these measures with out-dated rhetoric regarding the Cuban people’s exercise and enjoyment of human rights and democracy.”

“President Trump’s decision disregards the support of broad sectors of U.S. society, including the majority of Cuban émigrés, for lifting of the blockade and normalization of relations, and only satisfies the interests of an increasingly isolated, minority group of Cuban origin in South Florida, who insist on harming Cuba and its people for having chosen to defend, at any cost, their right to be free, independent, and sovereign.”

“Today, we reiterate the Revolutionary Government’s condemnation of measures to tighten the blockade, and reaffirm that any attempt to destroy the Revolution, whether through coercion and pressure, or the use of subtle methods, will fail.”

“We likewise reject manipulation of the issue of human rights against Cuba, which has many reasons to be proud of its achievements, and does not need to receive lessons from the [U.S.] or anyone else.”

“I wish to repeat, as I did so in the CELAC Summit held in the Dominican Republic in January of this year, that Cuba is willing to continue discussing pending bilateral issues with the [U.S.], on the basis of equality and respect for the sovereignty and independence of our country, and to continue respectful dialogue and cooperation in issues of common interest with the U.S. government.”

“Cuba and the [U.S.] can cooperate and coexist, respecting our differences and promoting everything that benefits both countries and peoples, but it should not be expected that, in order to do so, Cuba will make concessions essential to its sovereignty and independence. [N]or will it negotiate its principles or accept conditions of any kind, just as we have never done throughout the history of the Revolution.”

“Despite what the government of the [U.S.] does, or does not decide to do, we will continue advancing along the path sovereignly chosen by our people.”

Conclusion

Castro’s review of the history of these relations was succinct, fact-based, fair and necessary for the two countries’ moving forward in a positive direction.

Moreover, the two countries, as Castro said, should be “willing to continue discussing pending bilateral issues . . . on the basis of equality and respect for the sovereignty and independence of [each] country, and to continue respectful dialogue and cooperation in issues of common interest.” The two countries should be able to “cooperate and coexist, respecting our differences and promoting everything that benefits both countries and peoples.”

These principles should govern U.S. relations with Cuba and every other country in the world.

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[1] Castro Ruz, We will continue to advance along the path freely chosen by our people, Granma (July 17, 2017).

[2] Various aspects of this history have been discussed in the posts identified in List of Posts to dwkcommentaries–Topical: CUBA.

[3]Mambises” refers to the guerrilla Cuban independence soldiers who fought against Spain in the Ten Years’ War (1868–78) and Cuban War of Independence (1895–98).

 

Criticism of U.S.-Cuba Law Enforcement Agreement 

The head of New Jersey’s state police has criticized the two countries’ law enforcement agreement of January 16, 2017, because, he says, he has read the agreement and it does not require Cuba to extradite Joanne Chesimard (a/k/a Assata Shakur) to the U.S.[1]

After reviewing what we know about this woman, we will examine the police statement and provide commentary.

Chesimard/ Shakur

In the 1960s-1970s Chesimard, a U.S. citizen, was a member of the Black Panther Party and the Black Liberation Army in the U.S. In 1977 she was convicted in New Jersey state court for aiding and abetting first-degree murder, assault and battery of a police officer (New Jersey State Trooper Werner Foerster), assault with a dangerous weapon, assault with intent to kill, illegal possession of a weapon, and armed robbery during a gunfight on the New Jersey Turnpike in 1973.

She was sentenced to life in New Jersey state prison, but in 1979 she escaped and in 1984 traveled to Cuba. At some time thereafter President Fidel Castro granted her asylum, and she has been living there under the name Assata Shakur. She is now around 70 years old. The FBI has listed her as one of its “Most Wanted” and offered a reward of $1 million for her apprehension; the New Jersey Attorney General has offered to match that reward.

Since at least 1997 there have been various unsuccessful attempts by the U.S. government and others to obtain her extradition to the U.S.

Statement by New Jersey State Police Superintendent

The Superintendent Rick Fuentes’ January 18 statement reads as follows:

  • “On Monday, January 16, 2017, the White House signed a law enforcement pact with the government of Cuba that included the sharing of national security information on matters related to fighting terrorism and the scourge of the international narcotics trade. I have read this pact with great interest, as any aspect of the continued negotiations to normalize relations with Cuba impacts our continued advocacy to seek the return of Joanne Chesimard. Chesimard executed New Jersey State Trooper Werner Foerster in 1973 and fled to Cuba after escaping a New Jersey prison in 1979. She is most prominent among a rogue’s gallery of cop killers and domestic terrorists that have been given sanctuary by the Castro regime these past thirty years.”
  • With a continued sense of bewilderment and confusion not uncommon to the course of these negotiations, the pact does not address the return of: Joanne Chesimard; Victor Manuel Gerena, a member of Los Macheteros who was removed from the FBI Top Ten list one month ago; Charlie Hill, a member of the Republic of New Afrika, alleged to have killed a New Mexico state trooper in 1971; or, William Guillermo Morales, the murderous bomb-maker for the Puerto Rican separatist group, FALN.”
  • “Their omission from this agreement and from the negotiations-at-large is so glaring as to signal a clear intent by the Obama Administration to ignore these fugitives. By burning the last bridge to this Administration’s opportunity to gain their negotiated return, families who have long suffered the consequences of their terrorist acts and law enforcement everywhere in this country have been shown the back of the hand. An ignominious torch has been passed to the next president.”
  • “We are not deterred. I can say, unequivocally, that Governor Chris Christie, State Attorney General Chris Porrino and I remain resolute in our efforts to follow every political course leading to the return of Joanne Chesimard and the other remaining terrorist fugitives. We approach the next presidential administration with a renewed sense of optimism and moral superiority that justice will prevail.”

Comments

The Superintendent’s statements regarding Chesimard/Shakur are believed to be basically correct, and it is most understandable that the New Jersey State Police want her extradited to the U.S. and returned to New Jersey state prison.

The Superintendent says he has read the recent MOU in question and that it does not require Cuba to make that extradition. I have not been able to locate that MOU so cannot independently verify the validity of his statement. But for present purposes I will assume that his statement about the MOU is basically correct.

I assume, on the other hand, that the MOU does not contain a U.S. agreement to not continue to seek her extradition or a Cuban statement or promise not to extradite her. If it had, I am confident that the Superintendent would have so stated and raised the ante for his protest.

He also asserts that the subject of this requested extradition has not been raised by the U.S. in “the negotiations-at-large.” Although I have not been personally involved in those negotiations, I believe this to be a false statement. As noted in earlier posts, public reports indicate that the two countries’ respective requests for extraditions of criminals or suspects, which I believe includes the U.S. request regarding Chesimard/Shakur, have been the subjects of several such bilateral negotiating sessions since December 17, 2014.

As a result, I conclude that the parties have not been able to come to an agreement about such extraditions or about a judicial procedure for resolving any such disputes. Therefore, there apparently was no mention of the subject in the MOU in question.

Moreover, the Superintendent also fails to recognize a major legal issue regarding the requested Chesimard/Shakur extradition because of an extradition treaty between the two countries. Therefore, we will look at that treaty and the issue it raises regarding this possible extradition.

U.S.-Cuba Extradition Treaty.

As explained in an earlier post,[2] on March 2, 1905, the two countries entered into such a treaty, the “Treaty between the United States and Cuba for the mutual extradition of fugitives from justice.” Under this treaty, as amended, each country shall grant extradition of persons covered by Article I for crimes covered by Article II, as amended and expanded by Articles I and II of the Additional Extradition Treaty between the parties, which entered into force on June 18, 1926.

The persons covered by Article I are “persons who, having been charged as principals, accomplices or accessories with or convicted of any crimes or offenses specified in the following article, and committed within the jurisdiction of one of the high contracting parties, shall seek an asylum or be found within the territories of the other: Provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial if the crime or offense had been there committed.” This obviously covers Chesimard/Shakur, who does not fall within the exception under Article V of the treaty, “Neither of the contracting parties shall be bound to deliver up its own citizens under the stipulations of this Treaty,” unless she has been granted Cuban citizenship.

The long list of crimes covered by Article II, as amended, includes (1) “Murder, comprehending the offenses expressed in the Penal Code of Cuba as assassination, parricide, infanticide and poisoning; manslaughter, when voluntary; the attempt to commit any of these crimes.” This obviously covers the requested extradition discussed here.

Under Article VI of the original treaty, however, the requested country (Here, Cuba) is not obligated to extradite someone when the offense is of “a political character.” The exact language of this provision states, “A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character, or if it is proved that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a political character.” (Emphasis added.)

The only limitation on this exception is in Article VI itself, which states, “An attempt against the life of the head of a foreign government or against that of any member of his family when such attempt comprises the act either of murder, assassination, or poisoning, shall not be considered a political offense or an act connected with such an offense.” This exception, however, is not applicable to the case under consideration here.

Moreover, Article VI states, “If any question shall arise as to whether a case comes within the provisions of this article [VI], the decision of the authorities of the government on which the demand for surrender is made, or which may have granted the extradition shall be final. (emphasis added.) This exception seems to cover Chesimard/Shakur as discussed next.

The Treaty Issue Regarding Chesimard/Shakur

After fleeing to Cuba in 1984, at date unknown the Cuban government apparently granted her political asylum and perhaps Cuban citizenship. Assuming that to be the case, that appears to negate Cuba’s obligation under the treaty to extradite her to the U.S.

It is not known whether the Cuban government has the legal authority to revoke that grant of asylum (and of citizenship?) and whether it would do so in this case. However, after a bilateral negotiation session in Washington, D.C. in February 2015 Josefina Vidal, Cuba’s lead diplomat for these negotiations, said the issue of extraditing people between Cuba and the U.S. had been discussed many times in the past and that the two countries had signed a treaty on the topic in 1906 which has a clause such that it would not apply in cases involving political activities. “Therefore, Cuba has legitimately given political asylum to a small group of U.S. citizens, because we have reason to believe that they deserve this and that is how far we’ve gone. And when one grants political asylum, then you cannot get into these types of discussions.” She added that after the Cuban Revolution of 1959 the U.S. had not honored the treaty when Cuba asked the U.S. to extradite “members of the Cuban dictatorship who were responsible for terrible crimes.”[3]

In June 2016, the two countries held another negotiating session in Havana focused on counterterrorism cooperation, the subject of the January 16, 2017, MOU. Outsiders speculated that the meeting may have included discussions about a possible high-profile prisoner swap: U.S.-jailed Cuban spy Ana Belén Montes in exchange for Chesimard/Shakur). The State Department, however, has refused to confirm that such an exchange was being discussed. Instead the Department merely stated that the U.S. “continues to seek the return by Cuba of fugitives from US justice” and that the State Department “brings out the cases of fugitives to the Cuban Government to be settled and will continue to do so at every appropriate opportunity.” [4]

Therefore, unless there is some error in my analysis, the strong desire by many in New Jersey and elsewhere in the U.S. for this extradition appears to be a lost cause unless the Cuban government has the authority under its own laws to revoke the grant of asylum (and citizenship?) and chooses to exercise it. Or the Cuban government just decides to extradite her without changing her asylee or citizenship status.

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[1] Assoc. Press, With No Deal on Convicted Killer, Police Slam US-Cuba Pact, N.Y. Times (Jan. 20, 2017),‘Goodbye, Obama! NJ State Police slams president on the way out (Jan. 18?, 2017); New Jersey State Police, Colonel Rick Fuentes’ Response to the Recently Signed U.S./Cuban Law Enforcement Pact (Jan. 18?, 2017).

[2] Issues Regarding Cuba and U.S. Extradition of the Other’s Fugitives, dwkcommentaries.com (Feb. 24, 2015). Moreover, the “political offense” provision of the U.S.-Cuba treaty is not sui generis, but in fact is a common provision in other U.S. extradition treaties. (Ibid.; Extradition Has Become a Hot Topic for the United States, dwkcommentaries.com (July 25, 2016).

[3] U.S. and Cuba Hold Productive Second Round of Negotiations, dwkcommentaries.com (Mar. 6, 2015).

[4] U.S. and Cuba Discuss Counterterrorism Cooperation, dwkcommentaries.com (June 10, 2016).

Other Current Developments Regarding Cuban Migrants to U.S

When the U.S. decided on January 12 to end immediately the “dry foot/wet foot” immigration policy, as discussed in a prior post, two groups of Cubans faced immediate consequences.

First, many Cubans are stranded in Mexico or Central America unable to be allowed into the U.S. without a visa. Now many of them are waiting in place on the hope that Donald Trump after his January 20 inauguration will reverse the January 12 cancellation of that policy or make an exception for those in limbo.[1]

Alternatively if any of them are fleeing “persecution” in Cuba, they first must satisfy a “credible fear” test at the U.S. border and then subsequently apply for asylum in the U.S. They, however, will generally be held in immigration detention for potentially months and success is far from guaranteed. It can take years for asylum to be granted given the crushing caseloads for U.S. asylum officers and immigration judges.

Second, also affected is a group of Cubans known as Marielitos who are in the U.S., and whose situation requires a historical explanation.[2]

From April through October 1980, pursuant to Fidel Castro’s decision, nearly 125,000 Cubans were allowed to leave the island by boat from the port of Mariel on the north coast of the island west of Havana. Most were law-abiding, but some had just been released, by Fidel’s orders, from Cuban prisons and mental institutions. Within a few years after their arrival in the U.S. almost 3,000 of the “Marielitos” were in U.S. prisons after convictions for committing new and serious crimes in the U.S.

The Cuban government in 1984 agreed to take back 2,746 of these criminal Marielitos. But the U.S. deportations were slow and in some years did not take place at all. At one point, Marielitos who had been awaiting deportation for years rioted in several cities.

Now nearly 250 of this group of 2,746 have died, and, by June of last year, 478 of the original 2,746 remained in the U.S., but some of this smaller group are elderly or very ill, and the U.S. government has lost interest in deporting some of them.

The January 12, 2017, agreement between the U.S. and Cuba allows the U.S. to deport or remove up to 500 of the 2,746 Marielitos and send them back to Cuba, which agreed to accept them. Moreover, Cuba has agreed to accept other Marielitos who have been convicted of crimes in the U.S. as part of this group of 500, but were not part of the original group of 2,746.

I have a personal connection to one of the Marielitos. Before I retired from practicing law in June 2001, I was appointed by Minnesota’s federal court to represent, pro bono, one of them who was in immigration detention at the federal government’s medical facility in Rochester, Minnesota (the site of the famous Mayo Clinic). He had been convicted of a serious crime in Rhode Island, as I recall, and after completion of his criminal incarceration, the U.S. put him in immigration detention for deportation or removal to Cuba, but Cuba would not accept him back. Although he was not an attorney, he had filed, pro se, a habeas corpus petition with Minnesota’s federal court, and my task, as his pro bono attorney, was to analyze and submit a legal brief in support of that petition. I did so.

Before the government submitted a response to my legal brief and before the court had to make a decision on the petition, the U.S. government decided to permit my client’s release from immigration detention. At the Rochester medical facility, he was suffering from a terminal disease, and I believed the government’s decision for his release was not based on the quality of my legal arguments, but on its desire to reduce its costs of keeping him in that facility.

Not long after my “successful” representation of this Marielito and his release from the Rochester facility, my legal argument was upheld by the U.S. Supreme Court in Zadvydas v. Davis, 533 U.S. 678 (2001), holding that the Constitution did not permit the U.S. to detain indefinitely immigrants under order of deportation whom no other country will accept. To justify detention of immigrants for a period longer than six months, the government was required to show removal in the foreseeable future or special circumstances.

Four years later, the U.S. Supreme Court decided, 7-2, in Clark v. Martinez, 543 U.S. 371 (2005), that the Zadvydas decision applied to Marielitos, whose return Cuba would not permit.

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[1] Assoc. Press, Cuban Migrants Steps From US Border Hope for Trump Solution, N.Y. times (Jan. 14, 2017); Assoc. Press, US Policy Change on Cuban Migrants Leaves Many Stranded, N.Y. Times (Jan. 13, 2017).

[2] Robles, ‘Marielitos’ Face Long-Delayed Reckoning: Expulsion to Cuba, N.Y. times (Jan. 14, 2017); Mariel boatlift, Wikipedia; Greenhouse, Supreme Court Rejects Mariel Cubans Detention, N.Y. Times (Jan. 13, 2005); Zadvydas v. Davis, Wikipedia; Zadvydas v. Davis, 533 U.S. 678 (2001); Clark v. Martinez, Wikipedia; Clark v. Martinez, 543 U.S. 371 (2005).