Guantanamo Bay Cuba – dwkcommentaries

UN Counterterrorism Expert Reports That Conditions at U.S. Guantanamo Detention Facility Are Cruel and Inhuman

On June 14, 2023, the U.N. Human Rights Council’s Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism submitted her 24-page, single-spaced report on her four-day visit to the U.S. detention facility in Guantanamo Bay, Cuba.

Summary of the Report[1]

According to the Special Rapporteur, there are “serious concerns about the continued detention of 30 men and the systematic arbitrariness that pervades their day-to-day, bringing severe insecurity, suffering, and anxiety to all, without exception.” Moreover, “Every detainees she met with lives with unrelenting, ongoing harms following from systematic practices of rendition, torture, and arbitrary detention. For many, the dividing line between past and present is exceptionally thin and past experience of torture lives in the present, without any obvious end in sight, including because they have received no independent, holistic, or adequate torture rehabilitation.”

“Despite the depth, severity, and evident nature of many detainees’ current physical and psychological harms, the detention infrastructure entails near-constant surveillance, forced call extractions, undue use of restraints, and other arbitrary, non-human rights compliant operating procedures stemming from inadequate training, structural healthcare deficiencies, inadequate access to family, including the failure to facilitate meaningful communication; and arbitrary detention characterized by sustained fair trial violations. The totality of these practices and omissions have cumulative, compounding effects on detainees’ dignity and fundamental rights, and a mounts to ongoing cruel, inhuman, and degrading treatment. Closure of the facility remains a priority.”

Before this trip to Guantanamo, the Special Rapporteur had “met with repatriated and resettled detainees and their families as well as government personnel in other countries [and had] identified serious shortcomings in the provision of the essential means that former detainees need to live a dignified life, including legal identity, health care, education, housing, family reunification, and freedom of movement. She found that these shortcomings contravened U.S. international law obligations, engaged before, during, and after transfer, including as regards non-refoulment—obligations of a more specific and compelling form when the individual has been tortured in its custody, requiring guarantee of adequate torture rehabilitation. . . .[In short,] the U.S. Government does not have an adequate system to address the well-being of those transferred, or the failure of governments to respect their rights.”

Therefore, “the U.S. Government must ensure accountability for all international law violations, for victims of counter-terrorism and victims of terrorism. . . . The time is now to undo the legacies of exceptionalism, discrimination, and secularization perpetuated by Guantanamo’s continuing existence.”

U.S. Response to this Report[2]

The Biden Administration released a one-page document saying that the current detainees “live communally and prepare meals together; receive specialized medical and psychiatric care; are given full access to legal counsel; and communicate regularly with family members.”

The Administration also said that this report’s findings “are solely only her own” and the U.S. “disagrees in significant respects with [her] many factual and legal assertions” but that the U.S. will carefully review her recommendations.

Details on the Special Rapporteur[3]

Pursuant to appointment as Special Rapporteur by the U.N. Human Rights Council, Ms. Fionnuala Ni Aolain, took up her duties on August 1, 2017. She also concurrently is Regents Professor and Robina Professor of Law, Public Policy and Security at the University of Minnesota Law School and Professor of Law at the Queens University, Belfast, Northern Ireland.

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[1] U.N. Human Rights Special Procedures, Technical Visit to the United States and Guantanamo Detention Facility by the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism (June 14, 2023); U.N. Human Rights Council, UN counterterrorism expert concludes visit to the United States and Guantanamo detention facility (June 22, 2023); U.N. Human Rights Council, Expert welcomes historic visit to United States and Guantanamo detention facility and affirms rights of victims of terrorism and victims of counter-terrorism (June 26, 2023); Rosenberg, Conditions at Guantanamo Are Cruel and Inhuman, U.N. Investigation Finds, N.Y. Times (June 26,2023); Pilkington, U.S. subjects Guantanamo Bay detainees to ‘cruel’ treatment, UN says after visit, Guardian (June 27, 2023); Lederer (AP), Guantanamo detainees tell first independent visitor about scars from torture and hopes to leave, StarTribune (July 6, 2023); Pilkington, US must urgently treat men tortured at Guantanamo, UN investigator says, Guardian (July 7, 2023).This blog contains many posts that comment on Guantanamo. (List of Posts to dwkcommentaries—Topical: CUBA [as of 5/4/20]. See also https://dwkcommentaries.com/?s=Guantanamo.

[2] Rosenberg op cit.; Lederer, op. cit.

[3] University of Minnesota Law School, Fionnuala Ni Aolain. This blogger co-taught an international human rights course at the University of Minnesota Law School with three professors, including Ms. Ni Aolain. (My Call Stories, dwkcommentaries.com (Mar. 4, 2019); Teaching the International Human Rights Course, dwkcommentaries.com (July 1, 2011).

U.S. Should Release All Guantanamo Prisoners and Close Down

A New York Times editorial starts with the factual assertion that “30 men . . . [are] still imprisoned at the U.S. naval base whose name has become synonymous with American shame.” Although President Biden “said at the outset of his administration that he would seek to have the detention center closed . . . the moral imperative and the ethical case for doing so has only gotten stronger with time.”[1]

Such closure, per the editorial, requires the President “to find countries willing to take 16 [of them] who are deemed to post no terror threat and have been cleared to leave” and “to clarify the ‘policy principles that would open the way for plea bargains for those [14] cases in which convictions are no longer possible.”

Although the President “has full authority to clear these hurdles and either repatriate the remaining prisoners or get them to a plea bargain,” he “needs to ensure that the task has the highest priority.”

The editorial concluded with testimony before the Senate Judiciary Committee from Retired Marine Brig. Gen. John Baker, who had served as chief defense counsel at the base for six and a half years. “The best that can be hoped for at this point, more than 20 years after the crimes were committed, is to bring this sordid chapter of American history to an end. And that end can only come through a negotiated resolution of the cases.”

Other Recent Developments Regarding Guantanamo

The editorial started by acknowledging that after nearly 21 years of detention the U.S. had just released an Algerian to his home country after never having been charged with any crimes by the U.S. [2]

On the same day as the editorial, a senior official of the International Committee of the Red Cross expressed alarm about deteriorating health conditions and inadequate preparations for aging prisoners at Guantanamo.[3]

Earlier this month the D.C. Circuit Court of Appeals, en banc, refused to rule on whether a Guantanamo detainee from Yemen who had been detained in Guantanamo for 20 years had due process rights under the U.S. Constitution’s Fifth Amendment and remanded the case to the district court to determine whether he should be released because the U.S. no longer considers him to be a security threat.[4]

Conclusion

Release all the prisoners and close Guantanamo as soon as possible!

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[1] Editorial, Biden Can Close the Legal Black Hole at Guantanamo, N.Y. Times (April 29, 2023)

[2] Rosenberg, Pentagon’s Repatriation of Algerian Leaves 30 Prisoners at Guantanamo, N.Y. Times (April 20, 2023)

[3] Rosenberg, Red Cross Expresses Alarm Over Detainee Health at Guantanamo Bay, N.Y. Times (April 21, 2023)

[4] Weiner & Hsu, Divided court leaves constitutional issue at Guantanamo unresolved, Wash. Post (April 12, 2023); Opinion, Al-Hela v. Biden, U.S. Court of Appeals, No. 19-5079 (D.C. Cir. April 4 & 12, 2023).

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 19^th 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.

The Future of U.S.-Cuba Normalization Under The Trump Administration

Many U.S. citizens who welcomed the last two years of U.S.-Cuba normalization are worried about whether that policy will be continued by the future Trump Administration. Therefore, examination of past comments about Cuba by prospective members of that future administration is appropriate. Here is such an examination.

A prior post recounted the responses to the death of Fidel Castro from President-elect Donald Trump, Vice President-elect Mike Pence, prospective White House Chief of Staff Reince Priebus and Trump aides Kellyanne Conway and Jason Miller. The basic conclusion of their remarks was that Mr. Trump would be seeking a better deal with Cuba than the Obama Administration had negotiated.

More recently, at a December 16 “thank You” rally in Orlando, Florida, Trump told the crowd, “America will also stand with the Cuban people in their long struggle for freedom. Their support has been unbelievable. The Cuban people. We know what we have to do, and we’ll do it. Don’t worry about it.”[1]

Additional negative views about U.S.-Cuba rapprochement are found in comments by others in the prospective Trump Administration.

The most negative words came from Cuban-American Mauricio Claver-Carone, transition team member for the Department of the Treasury. After the election in an op-ed article in the Miami-Herald he argued,“Obama’s new course for Cuba has made a bad situation worse.” It concluded with this statement: “There’s no longer any rational strategy behind President Obama’s ‘Cuba policy.’ It has gone from what it initially portrayed as a noble purpose to pure sycophancy in pursuit of ‘historic firsts. Unfortunately, those Cuban dissidents who recognized Obama’s intent from the beginning and labeled it ‘a betrayal’ of their fight for freedom have now been proven correct. Their foresight has come at a terrible cost.”[2]

A similar hostile analysis of rapprochement come from Mike Pompeo, a Congressman from Kansas and the nominee for Director of the CIA.[3] Here are two examples. Immediately after the December 17, 2014, news of the release of Alan Gross from Cuban prison, Pompeo said, “Unfortunately, the Obama Administration has once again taken the opportunity to appease America’s enemies by releasing convicted spies, reviewing Cuba’s designation as a State Sponsor of Terror, and attempting to re-establish diplomatic relations with the Castro regime. In March 2016 Pompeo said, Obama’s trip to Cuba was “misguided for the flawed Cuba policy it represents,” including the dropping “ Cuba from the State Sponsors of Terrorism list, . . . [loosening] sanctions, and . . . [opening] a U.S. Embassy in Havana while there has been zero needed political reform, no increase in freedom, and inadequate loosening of Castro’s grip on power.”

General Michael Flynn, the proposed White House National Security Advisor, sees Cuba as an enemy. Promoting a book he co-authored (The Field of Fight), Flynn stated his belief that the U.S. is in “a global war, facing an enemy alliance that runs from Pyongyang, North Korea, to Havana, Cuba, and Caracas, Venezuela. Along the way, the alliance picks up radical Muslim countries and organizations such as Iran, al Qaeda, the Taliban and Islamic State.” (Emphasis added.) Another Kelly article says the world is divided into two sets of enemies. First, there are the radical Islamists, whom he sees as America’s principal foes. Then there is a constellation of hostile anti-democratic regimes that he calls “the alliance” that includes both Islamists and non-Islamists that collaborate against the West because we’re their common enemy. The alliance includes Russia, Syria, North Korea, China, Iran, Cuba, Bolivia, Venezuela and Nicaragua.” (Emphasis added.) [4]

Trump’s nominee for Secretary of State, Rex Tillerson, however, has not expressed an opinion on U.S.-Cuba relations. Only tangential clues turn up. [5] For example, Tillerson has negotiated multi-billion dollar deals with Putin and Kremlin-confidant Igor Sechin, the head of a Russian state-owned oil company who has negotiated oil deals with Cuba. But at ExxonMobil’s May 2014 annual stockholders’ meeting, Tillerson said the company had no plans to participate in Cuban deposits development by Russian oil major Rosneft because of U.S. sanctions against Cuba.

Guardedly positive comments about Cuba have been made by General John Kelly, the nominee for Secretary of Homeland Security, who recently served as the U.S. military’s Commander of the Southern Command with responsibility for the detention facility at Guantanamo Bay. Last January Cuba was a first-time participant in the Caribbean Nations Security Conference, when Kelly said, “We’ve normalized now and, regardless of how we think of each other in terms of politics, we have very, very common challenges.” Kelly also said that the Naval station at Guantanamo Bay is “strategically valuable” and should remain open after the detention facility is closed and possibly jointly operated with Cuba employing Cubans. At an earlier Pentagon briefing he said, “the Guantanamo Naval Base is a hugely useful facility to the United States.”

In an October 2015 interview, Kelly said that the U.S. “Coast Guard has worked with the Cubans over the years, but mostly in terms of rescue-at-sea and humanitarian activities. But the other four services – Army, Navy, Air Force, and Marines – have had zero relationships with the Cubans. There is a meeting called the “fence-line meeting” at Guantánamo where the Base Commander, a U.S. Navy Captain, meets about weekly with a counterpart on the other side. They talk and chat a little bit, but it’s not much of a relationship.’ In addition, “There are no drugs in Cuba.” [6]

As Kelly neared retirement as Commander of the Southern Command in January 2016, he said, “What tends to bother [terrorist groups and rights activists] . . . is the fact that we’re holding them [at Gitmo] indefinitely without trial … it’s not the point that it’s Gitmo. If we send them, say, to a facility in the U.S., we’re still holding them without trial.” If “ it were agreed Guantanamo should be closed, logistically it wouldn’t be hard, and remaining detainees could be held in the U.S.— “They’re not going to escape, for sure.”

One advocate for rapprochement in the Trump team is (or has been?) Kathleen (K.T.) McFarland, named as Deputy National Security Advisor. She has publicly backed open relations with Cuba. In 2014, she wrote “We must take steps now to ensure that Cuba doesn’t become a Russian or Chinese pawn, and thus serve as a launch pad to threaten America’s security were they to establish a military presence.” [7]

Basic Internet searches about the following members of Trump’s team failed to find any comments about Cuba: General James Mathis (Secretary of Defense), Vincent Viola (Secretary of the Army), Steven Mnuchin (Secretary of the Treasury), Wilbur Ross (Secretary of Commerce), Todd Ricketts (Deputy Secretary of Commerce), Nikki Haley (U.N. Ambassador) and Jeff Sessions (Attorney General).[8]

Conclusion

The above analysis of commentaries by members of the Trump team regrettably suggests a dim future for continuation of normalization of U.S.-Cuba relations. Those of us in the U.S. who believe that this is an erroneous move need to continue to advocate for normalization and to share that opinion with our Senators and Representatives, the Trump Administration and our fellow U.S. citizens.

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[1] Lemmongello, Trump thanks Florida at Orlando rally, Orlando Sentinel (Dec. 116, 2016).

[2] Claver-Carone, Obama’s Cuba policy makes bad situation worse, Miami Herald (Nov. 16, 2016).

[3] Pompeo, Rep. Pompeo Responds to Shift in Policy with Cuba (Dec. 17, 2014); Pompeo, Independent Journal Review: Mr. President, There Is A Reason No U.S. President Has Visited Cuba for 88 Years (Mar. 21, 2016).

[4] Carden, The Real Reason to Worry About Gen. Michael Flynn, Nation ( Nov. 18, 2016); Totten, How Trump’s General Mike Flynn Sees the World, World Affairs (Nov. 30, 2016).

[5] Schoen & Smith, Why Rex Tillerson would be a disaster as Secretary of State, FoxNews (Dec. 13, 2016); ExxonMobil says not to cooperate with Russia’s Rosneft in Cuba, Prime Bus. Net (May 29, 2014). Tillerson’s close relationship with Sechin is covered in MacFarquhaar & Kramer, How Rex Tillerson Changed His Tune on Russia and Came to Court Its Rulers, N.Y. Times (Dec. 20, 2016) and Kashin, Rex Tillerson’s Special Friend in the Kremlin, N.Y. Times (Dec. 22, 2016).

[6] Assoc. Press, Cuba to attend security conference with US for first time (Jan. 12, 2016); U.S. Dept Defense, Department of Defense Press Briefing by General Kelly (Mar. 12, 2015); Lockhart, A Conversation with General John F. Kelly, SOUTHCOM Commander (Oct. 15, 2015); O’Toole, Here’s What America’s Longest-Serving General Most Fears, Defense One (Jan. 11, 2016).

[7] Ordońez, Trump’s been inconsistent on Cuba. Will Castro’s death make a difference? McClatchy DC (Nov. 26, 2016).

[8] As always I invite comments pointing out errors of commission or omission. No similar searches were done for Ryan Zinke (Secretary of Interior), Rick Perry (Secretary of Energy), Andrew Puzder (Secretary of Labor), Ben Carson (Secretary of Housing and Urban Development), Tom Price (Secretary of Health and Human Services), Betsy DeVos (Secretary of Education), Scott Pruitt (Administrator of Environmental Protection Agency), Linda McMahon (Administrator of Small Business Administration), Seema Verma (Administrator of Center for Medicare and Medicaid), Stephen Miller (Senior Advisor to President for Policy), Gary Cohn (Director of National Economic Council), Mick Mulvaney ( Director of Office of Management and Budget) and Don McGahn (White House Counsel).

Subdued Commemoration of Second Anniversary of U.S.-Cuba Rapprochement

December 17, 2016 was the second anniversary of Presidents Obama and Castro’s joint announcement that their two countries had embarked on the path of normalization and reconciliation. The U.S. commemoration of this date was subdued. The White House held a small gathering that was not widely publicized .The Cuban government, on the other hand, apparently did not hold any such event. But two Cuban publications published sketchy comments on the anniversary.

White House Commemoration[1]

On December 15, the Obama Administration hosted a private gathering across the street from the White House at the Eisenhower Executive Office Building. President Obama did not attend, but did send a letter to the 20 or so attendees encouraging them “to carry forward the work of strengthening our partnership in the years ahead.”

The gathering was addressed by Benjamin Rhodes, Deputy National Security Advisor; Jeffrey DeLaurentis, the acting U.S. ambassador in Havana; and three high-level officials from the U.S. Commerce, State and Treasury departments. Another speaker was

José Ramón Cabañas, the Cuban Ambassador in Washington. Also in attendance were U.S. Senator Patrick Leahy of Vermont and U.S. Representative Kathy Castor of Tampa, Florida, both Democrats.

Rhodes and DeLaurentis touted the administration’s accomplishments and, at different times, got emotional — Rhodes remembering support from Cuban-American friends in the wake of stinging criticism over his work, and DeLaurentis describing his work in Cuba, where he began and might end his diplomatic career, as the most rewarding of his life.

The attendees were Cuban Americans, Cuban government officials and business partners in Washington, including Miami entrepreneur Hugo Cancio, who publishes an arts magazine in Cuba; Felice Gorordo, founder of the Roots of Hope nonprofit; former U.S. Commerce Secretary Carlos Gutierrez; John McIntire, head of the Cuba Emprende Foundation; Miami attorney Ralph Patino; Giancarlo Sopo, founder of the CubaOne foundation, and Miami Foundation president and chief executive Javier Alberto Soto.

Another attendee, Ted Henken, a Baruch College sociology professor and Cuba expert, observed, “It was partly a celebration of what has been achieved, and a mourning” for the intense political fight that awaits.”

As Ric Herrero, former head of the pro-engagement Cuba Now group and the current president of Manos Americas, a social entrepreneurship nonprofit, put it, the gathering was “bittersweet. There was just a lot of gratitude toward the administration for their commitment to this cause and to everything they’ve done.” But they all were left with the questions: “What next? Where do we go from here? Because there is no certainty.”

Indeed, a chief concern among attendees was that Trump’s “volatile” personality could ignite a war of words with the Cubans, who have so far kept silent about the president-elect’s Cuba statements. On the other hand, attendees noted, Trump doesn’t have a clear political ideology, and could be more interested in showing up Obama on Cuba by negotiating more concessions. However, Rhodes said, “We would like nothing more than the new administration to succeed beyond what we did.”

Obama supporters at the meeting thought that Trump had a willingness to keep negotiating with Raúl Castro’s government and that U.S. regulatory changes, following a top-to-bottom policy review, could take time–so long, perhaps, that by then Castro might near his own retirement, scheduled for February 2018.

“We’re living through a lot of uncertainty, but there’s a pretty strong consensus that Trump is going to realize that turning back the clock is going to be very difficult,” said Carlos Saladrigas, president of the Cuba Study Group. “Returning to a failed policy doesn’t make any sense.”

However, at a December 16 “thank You” rally in Ordlando, Flordia, Trump told the crowd, “America will also stand with the Cuban people in their long struggle for freedom. Their support has been unbelievable. The Cuban people. We know what we have to do, and we’ll do it. Don’t worry about it.”[2]

Cuban Observance

No Cuban commemoration event was found in searching Cuban public sources, Instead, two articles on the subject were found.[3]

The CubaDebate article reviewed some of the key things that had happened since December 17, 2014, while reiterating Cuba’s fervent desire for the U.S. to end its embargo (blockade) and to return Guantanamo Bay to the island. It also alleged that President Obama had done “much less than he could, given the broad executive powers that he [allegedly]possesses and that [allegedly] would have allowed him to reduce the blockade to its minimum expression.”

Nevertheless, the article stated, on December 7, 2016, Josefina Vidal of the Cuban government reaffirmed Cuba’s willingness to continue this process and expressed its hope that President-elect Donald Trump will take into account, when he takes office on January 20, what has been achieved” over the last two years.

These same points were essentially repeated in the article in Granma, the official newspaper of the Communist Party of Cuba. It also added the following points:

Obama had acknowledged for the first time that the U.S. policy of “aggression” [“hostility” would be more diplomatic] against Havana was a failure and had ended up isolating the U.S. itself. It also alleged that the U.S. methods were changing, but not its objective – regime change in Cuba.
The U.S. still has a ban on US investment in Cuba, except in the area of telecommunications.
The Cuban state sector, where more than 75% of the labor force is employed, remains deprived of selling its products to the U.S. with the sole exception of pharmaceuticals and biotechnology.Also, Cuban imports of goods produced in the U.S. that the state-owned enterprise can make are very restricted.
Although several months ago the US approved the use of the U.S. Dollar by Cuba in its international transactions, it has not yet been possible to make deposits in cash or payments to third parties in that currency, due to international banks’ fears of fines by the U.S.
The U.S. has not yet ended Radio and TV Marti programs aimed at Cuba.

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[1] Mazzei & Torres, Muted White House celebration marks Obama Cuba anniversary, Miami Herald (Dec. 17, 2016).

[2] Lemmongello, Trump thanks Florida at Orlando rally, Orlando Sentinel (Dec. 116, 2016).

[3] Cuba-US: After two years, much remains to be done, CubaDebate (Dec. 17, 2016); Gomez, The keys of December 17, Granma (Dec. 16, 2016).

U.S. and Cuba Hold Another Meeting To Discuss Human Rights

On October 14, the U.S. and Cuba met in Havana for another discussion of human rights.[1]

According to Cuba’s Deputy Director General for Multilateral Affairs and International Law, Pedro Luis Pedroso Cuesta, Cuba “defended the universality, indivisibility and interdependence of all human rights,” including social and cultural rights. Cuba also emphasized “the need to develop this exchange with full respect for the sovereign equality, independence and non-interference in the internal affairs of the parties.”

He also said Cuba had demonstrated its commitment to the protection of human rights by ratifying 44 of the 61 international human rights treaties instruments whereas the U.S. had ratified only 18 of these instruments.

He then delivered the following indictment of the U.S. record on human rights:

Most significantly, he alleged, the U.S. “economic, commercial and financial blockade . . . constitutes a flagrant, massive and systematic violation of their human rights.”

Moreover, “the U.S. has documented violations of the right to life in deaths by firearms and police brutality and abuse, particularly against African Americans.”

The U.S. also has a “pay gap between men and women, discrimination against migrants and other minorities, low level of unionization of workers and restrictions on unions, lack of access to social security, health services and education of many Americans, child labor and the growing and serious manifestations of racism and racial discrimination.”

The U.S. also committed “human rights violations elsewhere in the world, especially in the context of its so-called fight against terrorism: acts of torture committed in detention centers and secret prisons and extrajudicial executions, including civilian deaths resulting from the use of drones. He criticized in particular the permanence of the detention center in the illegally occupied territory of Guantanamo Bay and the torture and serious violations committed there.”

“The [Cuban] delegation drew attention to double standards and selectivity that prevails in the consideration of human rights issues at the international level as well as the importance of the right to development, peace and others who are essential to the full exercise of human rights, respect for which is known complicit silence prevails in the mainstream media.”

The only U.S. State Department comment on this round of discussions found by this blogger was an announcement of the members of the U.S. delegation.[2]

The prior round of such discussions took place in Washington, D.C. in March 2015.

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[1] They held in Havana on Friday II round on human rights, CubaDebate (Oct. 11, 2016).

[2] U.S. State Dep’t, Assistant Secretary Malinowski and Acting Assistant Secretary Aponte Travel to Cuba (Oct. 13, 2016).

Raúl Castro’s Declaration Regarding the First Anniversary of U.S.-Cuba Rapprochement

On December 18, Raúl Castro, the President of Cuba’s Council of Ministers and Army General, issued on state television a Declaration regarding the first anniversary of U.S.-Cuba rapprochement.[1]

After briefly reviewing the year’s accomplishments that were “achieved through a professional and respectful dialogue based on equality and reciprocity,” Castro berated the failure to make “any progress in the solution of those issues which are essential for Cuba to be able to have normal relations with the United States.” Those issues were the following:

First, of course, was the failure of the U.S. to end the embargo. Indeed, he asserted, the embargo or blockade, constitutes “persecution of Cuba’s legitimate financial transactions as well as the extraterritorial impact of the blockade, which causes damages and hardships to our people and is the main obstacle to the development of the Cuban economy, have been tightened.”
Second was the U.S.’ continued statement it “has no intention to change the status of” the Guantanamo Bay Naval Base.
Third was the U.S. continued implementation of “programs that are harmful to Cuba’s sovereignty, such as the projects aimed at bringing about changes in our political, economic and social order and the illegal radio and television broadcasts, for which they continue to allocate millions of dollars in funds.”
Fourth was the U.S. “preferential migration policy . . . [for] Cuban citizens, which is evidenced by the enforcement of the wet foot/dry foot policy, the Medical Professional Parole Program and the Cuban Adjustment Act, which encourage an illegal, unsafe, disorderly and irregular migration, foment human smuggling and other related crimes and create problems to other countries.”

Nevertheless, Castro continued, “The Government of Cuba is fully willing to continue advancing in the construction of a kind of relation with the United States that is different from the one that has existed throughout its prior history, that is based on mutual respect for sovereignty and independence, that is beneficial to both countries and peoples and that is nurtured by the historical, cultural and family links that have existed between Cubans and Americans.”

In addition, he said, “Cuba, in fully exercising its sovereignty and with the majority support of its people, will continue to be engaged in the process of transformations to update its economic and social model, in the interest of moving forward in the development of the country, improving the wellbeing of the people and consolidating the achievements attained by the Socialist Revolution.”

Conclusion

Although Castro has a different tone on the failure of the U.S. to terminate certain policies, his Declaration agrees substantially with the other comments about the first anniversary that were discussed in yesterday’s post. It is good to know that he vows to continue with the slow process of normalization and with transforming the Cuban economy.

Except for Cuba’s desire to terminate its lease of Guantanamo Bay to the U.S., I agree with the Declaration’s calls for the U.S. to end the embargo, the so-called democracy promotion programs of the U.S. Agency for International Development (USAID), the Radio and TV Marti broadcasts to Cuba and the preferential immigration policies for Cubans.

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[1] Raúl Castro Ruz, Statement by the President of the Councils of State and Ministers Army General Raúl Castro, Granma (Dec. 18, 2015); Reuters, Cuba’s Castro Says U.S. Can Do More to Normalize Relations, N.Y. Times (Dec. 18, 2015);Assoc. Press, Raul Castro Urges US to End Broadcasts Aimed at Cuba, N.Y. Times (Dec. 18, 2015)

Results of Second Meeting of U.S.-Cuba Bilateral Commission

On November 10 the U.S.-Cuba Bilateral Commission held its second meeting, this time in Washington, D.C.[1]

Before addressing specific topics of possible agreement, the Cuban delegation reiterated its insistence “on the necessity to lift the [U.S. embargo] blockade as a top priority, for it continues to affect the Cuban people as well as Cuba’s operations and relations with third countries, given its extraterritorial scope, and hinders the development of normal economic and commercial relations with the United States. Likewise, the Cuban delegation reiterated that the elimination of this policy is essential for the normalization of relations, in addition to the solution of other pending problems that are harmful to the sovereignty of Cuba, such as the [alleged] illegal occupation of a portion of Cuban territory by the Guantánamo Naval Base, and the continuation of the illegal radio and television broadcasts from the United States to Cuba and the programs intended to destabilize and subvert Cuba’s constitutional order.”

After the meeting, Josefina Vidal, Cuba’s head of North American affairs, told reporters that agreements on flights, environmental protection, direct postal service and the fight against drug trafficking are very likely by the end of the year.

Granma, the Cuban newspaper, also reported that the Commission agreed to continue exchanges on human rights, maritime and port security, application and enforcement of law, climate change, migration, human trafficking and health (including confronting pandemics and infectious diseases).

The U.S. Department of State issued a similar report about this meeting. It said the meeting “provided an opportunity to review progress on shared priorities, including regulatory issues, telecommunications, claims, environmental protection, human trafficking, human rights, migration, and law enforcement,” The statement added that the meeting “took place in a respectful, cooperative, and productive environment.”

A Cuban diplomat said after the meeting that despite these areas of progress, commercial transactions between the two countries were impeded by U.S. restrictions on use of the U.S. Dollar in such transactions. Examples of this problem were the recent cancellations of several U.S. charter flights to Cuba because of the airlines difficulties in getting advance payments to Cuba for landing fees and mandatory health insurance for travelers. An observer thought this was due to U.S. banks’ fear of being subjected to large fines for illegal transfers and of uncertainties about the implementation of new U.S. regulations. [2]

The first Commission meeting was held in Havana this past September as discussed in a prior post. The next meeting will be next February in Havana.

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[1] U.S. State Dep’t, United States and Cuba Hold Second Bilateral Commission Meeting in Washington, D.C. (Nov. 10, 2015); Cuban Foreign Ministry, Press release issued by the Cuban delegation to the second meeting of the Cuba-US Bilateral Commission, Washington, November 10, 2015 (Nov. 10, 2015); Assoc. Press, Cuba: Agreements on flights to US Likely in Coming Months, N.Y. Times (Nov. 10, 2015); Reuters, Pact for U.S.-Cuba Flights Seen by Year-End: Cuban Official, N.Y. Times (Nov. 10, 2015); Gomez, Cuba and the United States come to concrete agreements, Granma (Nov. 10, 2015).

[2] Whitefield, Banking woes ground some charter flights to Cuba, Miami Herald (Nov. 8, 2015).

Presidents Obama and Castro Speak and Meet at United Nations

Over the last week Cuban President Raúl Castro has made two speeches at the United Nations in New York City as has U.S. President Barack Obama. Afterwards the two of them with advisors held a private meeting at the U.N. with subsequent comments by their spokesmen. Here is a chronological account of these events.

President Castro’s September 26^th Speech[1]

On September 26, President Raúl Castro addressed the U.N. Summit on Sustainable Development, as shown in the photograph to the right. In his remarks he said, ”The reestablishment of diplomatic relations Between Cuba and the United States of America, the opening of embassies and the policy changes announced by President Barack Obama . . . constitute a major progress, which has elicited the broadest support of the international community.”

However, he added, “the economic, commercial and financial blockade [by the U.S.] against Cuba persists bringing damages and hardships on the Cuban people, and standing as the main obstacle to our country’s economic development, while affecting other nations due to its extraterritorial scope and hurting the interests of American citizens and companies. Such policy is rejected by 188 United Nations member states that demand its removal.”

More generally Castro condemned “the pervasive underdevelopment afflicting two-thirds of the world population” and the widening “gap between the North and the South” and “wealth polarization.”

Thus, he argued, “If we wish to make this a habitable world with peace and harmony among nations, with democracy and social justice, dignity and respect for the human rights of every person, we should adopt as soon as possible concrete commitments in terms of development assistance, and resolve the debt issue.” Such a commitment, he said, would require “a new international financial architecture, removal of the monopoly on technology and knowledge and changing the present international economic order.”

Nevertheless, according to President Castro, Cuba will continue to help other developing nations despite its limited capabilities and “shall never renounce its honor, human solidarity and social justice” that “are deeply rooted in our socialist society.”

President Obama’s September 27^th Speech[2]

On September 27, President Obama addressed the same U.N. Summit on Sustainable Development without touching on U.S.-Cuba relations. Instead he concentrated on the purpose of the Summit– sustainable development. (His photograph is to the left.)

He started by rejecting the notion that “our efforts to combat poverty and disease do not and cannot work, that there are some places beyond hope, that certain people and regions are condemned to an endless cycle of suffering.” Instead, he asserted, “the global hunger rate has already been slashed. Tens of millions of more boys and girls are today in school. Prevention and treatment of measles and malaria and tuberculosis have saved nearly 60 million lives. HIV/AIDS infections and deaths have plummeted. And more than one billion people have lifted themselves up from extreme poverty — one billion.”

Nevertheless, much remains to be done, according to Obama, and the nations at this Summit “commit ourselves to new Sustainable Development Goals, including our goal of ending extreme poverty in our world. We do so understanding how difficult the task may be. We suffer no illusions of the challenges ahead. But we understand this is something that we must commit ourselves to. Because in doing so, we recognize that our most basic bond — our common humanity — compels us to act.”

In this work, President Obama stated, the U.S. “will continue to be your partner. Five years ago, I pledged here that America would remain the global leader in development, and the United States government, in fact, remains the single largest donor of development assistance, including in global health. In times of crisis — from Ebola to Syria — we are the largest provider of humanitarian aid. In times of disaster and crisis, the world can count on the friendship and generosity of the American people.”

Therefore, Obama said, he was “committing the United States to achieving the Sustainable Development Goals” and to “keep fighting for the education and housing and health care and jobs that reduce inequality and create opportunity here in the United States and around the world.” This effort will include other “governments, more institutions, more businesses, more philanthropies, more NGOs, more faith communities, more citizens.” Moreover, the “next chapter of development must also unleash economic growth — not just for a few at the top, but inclusive, sustainable growth that lifts up the fortunes of the many.”

President Obama concluded by noting these obstacles to achieving these goals: bad governance; corruption; inequality; “old attitudes, especially those that deny rights and opportunity to women;” failure to “recognize the incredible dynamism and opportunity of today’s Africa;” war; and climate change

President Obama’s September 28^th Speech[3]

In a wide-ranging speech on international affairs, President Obama commented on U.S. relations with Cuba. He said, “I also believe that to move forward in this new era, we have to be strong enough to acknowledge when what you’re doing is not working. For 50 years, the United States pursued a Cuba policy that failed to improve the lives of the Cuban people. We changed that. We continue to have differences with the Cuban government. We will continue to stand up for human rights. But we address these issues through diplomatic relations, and increased commerce, and people-to-people ties. As these contacts yield progress, I’m confident that our Congress will inevitably lift an embargo that should not be in place anymore. Change won’t come overnight to Cuba, but I’m confident that openness, not coercion, will support the reforms and better the life the Cuban people deserve, just as I believe that Cuba will find its success if it pursues cooperation with other nations.”

Later in the speech, Obama added these words: “Think of the Americans who lowered the flag over our embassy in Havana in 1961 — the year I was born — and returned this summer to raise that flag back up. (Applause.) One of these men said of the Cuban people, “We could do things for them, and they could do things for us. We loved them.” For 50 years, we ignored that fact.

These comments were in the context of the following more general discussion of international affairs by President Obama: “We, the nations of the world, cannot return to the old ways of conflict and coercion. We cannot look backwards. We live in an integrated world — one in which we all have a stake in each other’s success. We cannot turn those forces of integration. No nation in this Assembly can insulate itself from the threat of terrorism, or the risk of financial contagion; the flow of migrants, or the danger of a warming planet. The disorder we see is not driven solely by competition between nations or any single ideology. And if we cannot work together more effectively, we will all suffer the consequences.”

“No matter how powerful our military, how strong our economy, we understand the United States cannot solve the world’s problems alone.” So too, in words that could be aimed at Cuba and others, “repression cannot forge the social cohesion for nations to succeed. The history of the last two decades proves that in today’s world, dictatorships are unstable. The strongmen of today become the spark of revolution tomorrow. You can jail your opponents, but you can’t imprison ideas. You can try to control access to information, but you cannot turn a lie into truth. It is not a conspiracy of U.S.-backed NGOs that expose corruption and raise the expectations of people around the globe; it’s technology, social media, and the irreducible desire of people everywhere to make their own choices about how they are governed.”

In a similar vein, Obama said, “The strength of nations depends on the success of their people — their knowledge, their innovation, their imagination, their creativity, their drive, their opportunity — and that, in turn, depends upon individual rights and good governance and personal security.”

Finally, according to Obama, we must “defend the democratic principles that allow societies to succeed” with a recognition that “democracy is going to take different forms in different parts of the world. The very idea of a people governing themselves depends upon government giving expression to their unique culture, their unique history, their unique experiences. But some universal truths are self-evident. No person wants to be imprisoned for peaceful worship. No woman should ever be abused with impunity, or a girl barred from going to school. The freedom to peacefully petition those in power without fear of arbitrary laws — these are not ideas of one country or one culture. They are fundamental to human progress.”

“A government that suppresses peaceful dissent is not showing strength; it is showing weakness and it is showing fear. History shows that regimes who fear their own people will eventually crumble, but strong institutions built on the consent of the governed endure long after any one individual is gone.”

“That’s why our strongest leaders — from George Washington to Nelson Mandela — have elevated the importance of building strong, democratic institutions over a thirst for perpetual power. Leaders who amend constitutions to stay in office only acknowledge that they failed to build a successful country for their people — because none of us last forever. It tells us that power is something they cling to for its own sake, rather than for the betterment of those they purport to serve.”

“Democracy — inclusive democracy — makes countries stronger. When opposition parties can seek power peacefully through the ballot, a country draws upon new ideas. When a free media can inform the public, corruption and abuse are exposed and can be rooted out. When civil society thrives, communities can solve problems that governments cannot necessarily solve alone. When immigrants are welcomed, countries are more productive and more vibrant. When girls can go to school, and get a job, and pursue unlimited opportunity, that’s when a country realizes its full potential.”

President Castro’s September 28^th Speech[4]

On September 28, Cuban President Raúl Castro in his address to the U.N. General Assembly essentially reiterated his comments of two days earlier about U.S.-Cuba relations with these words: ‘After 56 years, during which the Cuban people put up a heroic and selfless resistance, diplomatic relations have been reestablished between Cuba and the United States of America.”

“Now, a long and complex process begins toward normalization that will only be achieved with the end of the economic, commercial and financial blockade; the return to our country of the territory illegally occupied by the Guantanamo Naval Base; the suspension of radio and TV broadcasts, and subversion and destabilization attempts against the Island; and, when our people are compensated for the human and economic damages they continue to endure.”

“As long as the blockade remains in force, we will continue to introduce the Draft Resolution entitled ‘Necessity of Ending the Economic, Commercial and Financial Embargo imposed by the United States of America on Cuba.’ To the 188 governments and peoples who have backed our just demand, here, and in other international and regional forums, I reaffirm the eternal gratitude of the Cuban people and government for your continued support.” [5]

The rest of this Castro speech argued that the U.N. has failed in its 70 years of existence to fulfill the lofty purposes of its Charter. The speech also noted Cuba’s solidarity with its Caribbean brothers, African countries, the Bolivarian Republic of Venezuela, the Republic of Ecuador, the people of Puerto Rico, the Republic of Argentina, the Brazilian people and President Dilma Rouseff, the Syrian people and the Palestinian people. Castro also supported the nuclear agreement with the Islamic Republic of Iran.

On the other hand, Castro reaffirmed Cuba’s “rejection of the intention to expand the presence of NATO up to the Russian borders, as well as of the unilateral and unfair sanctions imposed on that nation” and Cuba’s condemnation of NATO and European countries’ efforts to destabilize countries of the Middle East and Africa that have led to the recent migrant crisis in Europe.

In conclusion, Castro said, “the international community can always count on Cuba to lift its sincere voice against injustice, inequality, underdevelopment, discrimination and manipulation; and for the establishment of a more equitable and fair international order, truly focused on human beings, their dignity and well-being.”

The Presidents’ Meeting[6]

The two presidents with their advisors held a 30-minute private meeting at the U.N. on Tuesday, September 29. The photograph at the left shows them shaking hands.

The U.S. delegation consisted of Secretary of State, John Kerry; National Security Adviser, Susan Rice; National Security Council Senior Director for Western Hemisphere Affairs, Mark Feierstein; and the U.S. Permanent Representative to the U.N., Samantha Power.

Cuba’s delegation was composed of the Foreign Minister, Bruno Rodriguez; Consultant, Alejandro Castro Espin (the son of President Raúl Castro); Vice President of Cuba’s Defense and Security Committee, Juan Francisco Arias Fernández; Cuba’s Director General of U.S. Affairs, Ministry of Foreign Affairs, Josefina Vidal; and Cuba’s Ambassador to the U.S., José Ramón Cabañas.

White House’s Comments on the Meeting[7]

On a September 29 flight from New York City to Washington, D.C., White House Press Secretary Josh Earnest, in response to a journalist’s question, said, “I know that the two leaders had an opportunity to discuss some of the regulatory changes that have been announced in the last couple of weeks on the part of the [U.S.]. The State Department is leading civil aviation coordination talks in Cuba right now. And these are all additional steps that are moving toward more normal relations between our two countries.”

“The President, as he always does, . . . reaffirmed our commitment to seeing the Cuban government do a better job of not just respecting, but actually proactively protecting, the basic human rights of the Cuban people.”

We “continue to believe that deeper engagement and deeper people-to-people ties, deeper economic engagement between the [U.S.] and Cuba will have the effect of moving the government and the nation in a positive direction.”

Thereafter the White House released the following written statement about the meeting: “President Obama met today with President Raul Castro of Cuba to discuss recent advances in relations between the United States and Cuba, as well as additional steps each government can take to deepen bilateral cooperation. The two Presidents discussed the recent successful visit of Pope Francis to both countries. President Obama highlighted U.S. regulatory changes that will allow more Americans to travel to and do business with Cuba, while helping to improve the lives of the Cuban people. The President welcomed the progress made in establishing diplomatic relations, and underscored that continued reforms in Cuba would increase the impact of U.S. regulatory changes. The President also highlighted steps the United States intends to take to improve ties between the American and Cuban peoples, and reiterated our support for human rights in Cuba.”

Cuban Foreign Minister’s Press Conference[8]

Soon after the presidential meeting, Cuban Foreign Minister Bruno Rodriguez held a press conference at the U.N. In his opening statement, he said that in a “respectful and constructive” atmosphere, the two presidents exchanged their views on the recent visit of Pope Francisco to Cuba and the United States, as well as issues on the bilateral agenda established between the two countries.

“The presidents agreed on the need to continue working on the set bilateral agenda, which includes areas of mutually beneficial bilateral cooperation and in third countries such as Haiti, the development of dialogue on issues of bilateral and multilateral interest and resolving outstanding issues between two states.”

President Castro affirmed Cuba’s desire to build a new relationship with the U.S. based on respect and sovereign equality, but reiterated that to have normal relations the U.S. had to lift the blockade, which is causing damage and hardship to the Cuban people and affects the interests of American citizens.

Castro also confirmed that Cuba on October 27 would introduce in the General Assembly a resolution condemning the embargo (blockade). Said the foreign Minister, the blockade is “a massive, flagrant and systematic violation of human rights of all Cubans and harms all Cuban families, even Cubans living outside Cuba.” Cuba fully expects this year’s resolution to once again have overwhelming support.

The Foreign Minister said the return of the territory illegally occupied by the Guantanamo Naval Base in Cuba is a high priority element in the process of normalization of relations between the U.S. and Cuba, as a vindication of Cuban people.

At another point he added that “we are very proud of the accomplishments of Cuba on human rights and that human rights are universal, not subject to political selectivity or manipulation of any kind. ” Cuba guarantees the full exercise of political rights and civil liberties, and economic, social and cultural rights. We have many concerns with the situation on human rights in the world, particularly in the U.S. and Western Europe, as illustrated by the current immigration refugee crisis. The pattern of racial discrimination and police brutality against African Americans in the [U.S.] is really serious.

Conclusion

Cuba reiterated its insistence on ending the U.S. embargo as an essential condition for normalization of relations, an objective shared by President Obama and this blog. [9] We now await the U.N. General Assembly’s debate and anticipated approval on October 27 of another resolution condemning the embargo and whether the U.S. will, for the first time, abstain on the vote.

Cuba continues to assert that the U.S. lease of Guantanamo Bay is illegal, but its saying so does not make it so. Previous blog posts have discussed this contention and do not find it persuasive and, therefore, suggested the two countries submit the dispute for resolution to the Permanent Court of Arbitration at The Hague in the Netherlands.[10]

The same means has been suggested in this blog for resolving the disputes about whether or not Cuba has been damaged by the embargo (blockade) and the amount of such alleged damages as well as the amount of damages to U.S. interests by Cuba’s expropriation of property in the early years of the Cuban Revolution.

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[1] Cuba Ministry Foreign Affairs, Raul Castro: Unacceptable levels of poverty and social inequality persist and even aggravate across the world (Sept. 26, 2015); Reuters, Cuba’s Castro Slams U.S. Trade Embargo at United Nations, N.Y. Times (Sept. 26, 2015); Reuters, U.S. Embargo ‘Main Obstacle’ to Cuba’s Development: Castro, N.Y. Times (Sept. 26, 2015) (video)

[2] White House, Remarks by President on Sustainable Development Goals (Sept. 27, 2015).

[3] Reuters, Quotes from President Obama’s U.N. Speech, N.Y. Times (Sept. 28, 2015); President Obama’s Speech to the United Nations General Assembly 2015, N.Y. Times (Sept. 28, 2015); White House, Remarks by President Obama to the United Nations General Assembly (Sept. 28, 2015).

[4] Raúl at the United Nations: The International community can always count on Cuba’s voice in the face of injustice, Granma (Sept. 28, 2015); Full text [of Castro’s speech], Granma (Sept. 28, 2015); Reuters, At U.N., Castro Says U.S. Must End Embargo to Have Normal Cuba Ties, N.Y. Times (Sept. 28, 2015); Assoc. Press, Raúl Castro Addresses General Assembly, N.Y. Times (Sept. 28, 2015) (video); Goldman, At the U.N., Raúl Castro of Cuba Calls for End to U.S. Embargo, N.Y. Times (Sept. 28, 2015).

[5] A prior post reviewed last year’s General Assembly’s condemnation of the embargo.

[6] Assoc. Press, U.S., Cuba Leaders Meet for 2^nd Time in This Year, N.Y. Times (Sept. 29, 2015); Reuters, Obama, Castro Meet as They Work on Thawing U.S.-Cuba Ties, N.Y. Times (Sept. 29, 2015); Cuba and U.S. Presidents meet, Granma (Sept. 30, 2015)

[7] White House, Press Gaggle by Press Secretary Josh Earnest en route Washington, D.C., 9/29/15; White House, Readout of the President’s Meeting with Cuban President Raul Castro (Sept. 29, 2015).

[8] Reuters, Cuban Minister on Obama-Castro Meeting, N.Y. Times (Sept. 29, 2015) (video); Bruno Rodriguez: The blockade is a massive, flagrant and systematic violation of human rights, Granma (Sept. 30, 2015).

[9] This blog has discussed the initial bills to end the embargo in the House and Senate as well as later bills to do the same in the Senate and House.

[10] Resolution of U.S. and Cuba’s Damage Claims (April 4, 2015); Resolution of Issues Regarding U.S.-Lease of Guantanamo Bay (April 6, 2015); Does Cuba Have a Right to Terminate the U.S. Lease of Guantanamo Bay? (April 26, 2015).

U.S.-Cuba Bilateral Commission Sets Agenda for Future Discussions of Remaining Issues

On September 11, in Havana, the U.S.-Cuba Bilateral Commission held its first meeting. It decided on an agenda for the future discussions and hoped-for resolution of remaining issues regarding normalization of relations. The commission agreed to meet again in November in Washington, D.C. to review progress in these areas and to chart areas of cooperation for 2016.[1]

The agenda has been divided into three tracks, with the first encompassing issues where there is significant agreement and the possibility of short-term progress. These include re-establishing regularly scheduled flights, environmental protection, natural disaster response, health and combatting drug trafficking. A second track includes more difficult topics such as human rights, human trafficking, climate change and epidemics. The third includes complex, longer-term issues like the return of the U.S. base at Guantanamo Bay, U.S. damage claims over properties nationalized in Cuba after the 1959 revolution and Cuba’s damage claims for more than $300 billion in alleged economic damages from the U.S. embargo and for what it says are other acts of aggression.

Cuba reiterated its opposition to the comprehensive U.S. economic embargo, the U.S. occupation of Guantanamo and anti-communist radio and television broadcasts beamed into Cuba, but did not seek to place them on the agenda because they were measures unilaterally imposed by the United States.

Both sides agreed the discussions were full and frank, extensive, and conducted in a courteous and respectful manner.

Cuba’s delegation was led by Josefina Vidal Ferreiro, the Foreign Ministry’s director general for the United States, The U.S.’ by Deputy Assistant Secretary of State for South America and Cuba, Edward Alex Lee, accompanied by the Director of the Secretary’s Policy Planning Staff, David McKean; and Charge d’affaires ad interim Jeffery DeLaurentis. Below to the left is a photograph of the Cuban delegation; below to the right is a photograph of the U.S. delegation.

Vidal indicated that the both sides saw the start of the process as opening at least the possibility of an Obama visit to Cuba, saying that it is natural for countries with normal relations to receive visits from each other’s leaders.

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[1] This post is based upon the following: Cuba-U.S. Bilateral Commission to hold first meeting, Granma (Sept. 9, 2015); U.S. State Dep’t, Daily Press Briefing (Sept. 10, 2015); Reuters, U.S., Cuba Set Agenda on Improving Relations, N.Y. Times (Sept. 11, 2015); Assoc. Press, Cuba, US Launch Normalization Process, N.Y. Times (Sept. 11, 2015); U.S. State Dep’t, Daily Press Briefing (Sept. 11, 2015); Press Release of the Cuban delegation to the first meeting of the Cuba-US Bilateral Commission, (+ Photos), Granma (Sept. 11, 2015).