John Kerry – Page 3 – dwkcommentaries

Email to President Obama Objecting to Covert or “Discreet” U.S. Government Programs Purportedly Promoting Democracy and Human Rights in Cuba

On January 7, 2015, I sent the following email to U.S. President Barack Obama with copies to Secretary of State John Kerry, Assistant Secretary of State Roberta Jacobson, Senator Amy Klobuchar, Senator Al Franken and Representative Keith Ellison.

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On December 17^th I was overjoyed to hear the great news about your decision to embark upon a path of reconciliation with Cuba. That same day I sent you an email expressing my congratulations and thanks for this important decision. I also wrote the following blog posts to the same effect:

U.S. and Cuba Embark on Reconciliation (Dec. 21, 2014);
Praise God for Leading U.S. and Cuba to Reconciliation (Dec. 22, 2014); and
President Obama’s Strategic Timing of Announcement of U.S.-Cuba Reconciliation, (Dec. 26, 2014).

Now, however, I must express my profound disappointment in your Administration’s apparent decision to continue the covert or “discreet” USAID and other programs that purport to foster democracy and human rights on the island. It is horribly stupid and unwise to have such behind-the-back programs when the two countries are embarking on a long and complicated path for full reconciliation. As the New York Times said in October, the U.S. “should recognize that the most it can hope to accomplish is to positively influence Cuba’s evolution toward a more open society. That is more likely to come about through stronger diplomatic relations than subterfuge.” My blog post expands on these points: Rejection of Criticism of Cuban Cancellation of Open-Microphone Event and Arrests of Its Organizers (Jan. 6, 2015), .

Please, Mr. President, stop such programs as soon as possible. Instead, raise issues of democracy and human rights in direct meetings with Cuban government officials, as you have said your Administration would do.

Legal and Political Issues Regarding U.S. Rescinding Designation of Cuba as a “State Sponsor of Terrorism”

Under the December 17^th U.S.-Cuba agreements, the U.S. is obligated to review whether the U.S. should rescind its designation of Cuba as a “State Sponsor of Terrorism” under U.S. law. This review is to be completed with a report to the President within six months (or by June 17, 2015). The President already has instructed Secretary of State John Kerry to “immediately launch” that review.

Commentary by the Department of State

The same day Secretary of State Kerry announced that he already “had asked my team to initiate a review of Cuba’s designation as a State Sponsor of Terrorism.”

The next day, December 18^th, Assistant Secretary of State, Bureau of Western Hemisphere Affairs, Roberta S. Jacobson, held a press briefing on the many issues raised by the U.S.-Cuba rapproachment. She said the Bureau had “begun already – the process that we need to do under the law on the question of the state sponsor of terrorism listing, which has been in place since 1982.”

The Assistant Secretary added, “we’re not going to prejudge the outcome of the process we’ve just undertaken. . . . We’re going to undertake this review. We’re going to take it where the facts lead us on this. . . . At the end of that process, were Cuba to be removed from the list, there are a series of things that get taken off, some forms of sanction that get taken off. Although in Cuba’s case, I will say there are some overlapping . . . of things that may have been part of the state sponsor of terrorism list, and it may subsequently have been part of the Libertad Act or other legislation that deals with Cuba.”

In addition, she said,“[T]he law is fairly specific. . . . We have to review the record of Cuba over the last six months and ensure that they have not been participants or supported acts of international terrorism over the last six months. We have to look at whether they have renounced the use of terrorism. We have to look at their ratification of international instruments against terrorism. . . . I would have to look and check to see if there are other things that are in the law. . . . We then have to send any report that has conclusions on those subjects [to the President for his approval and transmittal] to the Congress, where it has to remain for 45 days. It’s an informing of Congress, not a request for approval or denial. It’s just an informing.”

Another point on the legislative process for the hypothetical recommended termination of such a designation was made at the November 17^th daily press briefing. The Departmental spokesperson said, “The relevant statutes also provide that . . . within 45 days after the receipt of the report from the President [deciding for rescission], the Congress would need to enact a joint resolution on the matter prohibiting this in order for it not to happen.” However, this statement is incomplete and, therefore, erroneous, as discussed below. While joint resolutions like bills have to be passed by both houses of Congress, they then have to be submitted to the president for signature or veto. In this hypothetical situation, any such joint resolution would be vetoed by the president.

The Merits of Past Designations of Cuba as a “State Sponsor“

This blog already has concluded that such designation is absurd, ridiculous, stupid and cowardly for 2009, 2010, 2011, 2011 (supplement), 2012, 2013, and 2013 (supplement). I believe that any rational person would come to the same conclusion as has the New York Times Editorial Board this October and December.

That, however, is not the end of the story.

Statute Regulating Rescission of a “State Sponsor” Designation

As Assistant Secretary Jacobson alluded to, under provisions of Section 6 (j) (4) of the Export Administration Act (50 U.S.C. § 2405(j)(4)) the following two alternative restrictions are imposed on any Administration’s rescission of any such designation.

First, the President may rescind such a designation by submitting, before the rescission takes effect, a report to Congress certifying that “(i) there has been a fundamental change in the leadership and policies of the government of the country concerned; [and] (ii) that government is not supporting acts of international terrorism; and (iii) that government has provided assurances that it will not support acts of international terrorism in the future.” This is not relevant for Cuba because there has not been “a fundamental change of leadership” in Cuba.

Second, and alternatively, the President may rescind such a designation by submitting to Congress, at least 45 days in advance, “a report justifying the rescission and certifying that (i) the government concerned has not provided any support for international terrorism during the preceding six-month period; and (ii) the government concerned has provided assurances that it will not support acts of international terrorism in the future.” Assistant Secretary Jacobson’s comments confirm that this is the relevant option for the Administration, and a future post will summarize concessions in the U.S.’ purported justifications for its prior designations that instead support the conclusion that Cuba ¨has provided assurances that it will not support acts of international terrorism in the future.¨

Such a report to Congress is merely an “informing” function, as the Assistant Secretary mentioned. But if Congress disagrees with the President’s decision to remove a country from the list, it could seek to block the rescission through a bill or a joint resolution.

Given the Republicans control of both houses of the Senate (54 of 100 with 44 Democrats and 2 Independents) and the House (247 to 188 Democrats) in the 114^th Congress (2015-2017) and the belligerent opposition of some Republicans like Senator Marco Rubio to the new U.S.-Cuba path to reconciliation, such a legislative attempt to block the removal, in my opinion, can be expected.

But any such attempt, by bill or joint resolution, has to be submitted to the president for approval or veto. Obama presumably would veto any such measure, thereby requiring under Article I, Section 7 of the Constitution each house of Congress to obtain a two-thirds vote to override the veto. The Republicans by themselves will not have enough votes to override. If the Republicans had total party unity in such an effort, they would need 13 Democratic Senators and 43 Democratic Representatives to join them to overturn such a presidential veto. I think it unlikely they could obtain those extra votes. Let us hope they are not able to obtain such a super majority. We should lobby the Democratic Senators and Representatives (and some Republicans, like Senator Flake of Arizona) not to do so.

Conclusion

Stay tuned for future developments on the issue of rescinding the U.S. designation of Cuba as a “State Sponsor of Terrorism.” Be ready to lobby senators and representatives to resist any efforts to countermand any rescission.

President Obama’s Strategic Timing of Announcement of U.S.-Cuba Reconciliation

With God’s leading or nudging the U.S. and Cuba to reconciliation, the timing of the announcement of that historic change on December 17th was due to more prosaic factors from the U.S. perspective.

Pressures for an announcement as soon as possible were several. The health of U.S. citizen, Alan Gross, was reportedly declining in a Cuban prison, and President Obama and Secretary of State John Kerry legitimately believed that reconciliation would be destroyed if he died in that prison. As we now know, the U.S. and Cuba had been engaged in secret negotiations for 18 months, and delaying the announcement ran the risk of a leak of the existence of the negotiations that would upset, if not destroy, the reconciliation. Less immediate was the upcoming Summit of the Americas in April 2015 with the U.S. needing to have a position on host country Panama’s invitation to Cuba to attend the Summit.

In addition, U.S. domestic political considerations pointed towards a December announcement before the Republican-controlled 114th Congress opened in early January and as soon as possible (the next day) after the adjournment of the 113th so that there would be no resulting interference with the completion of the many items of unfinished business of the current Congress. December also is the traditional time for exercise of presidential clemency (pardons and commutation of sentences), the latter of which was used for the release of the remaining three of the Cuban Five on December 17th.

All of these considerations suggest why the President on December 16th (the day before the announcement about Cuba) quietly signed the $1.1 trillion appropriation bill even though it contained a repeal of an important provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act regulating financial institutions that Senator Elizabeth Warren passionately resisted. The President did not want a lack of funding to interfere with or torpedo the reconciliation.

Within a week of the announcement we learned that the U.S. GDP for the third quarter had increased 5.0%, the strongest quarterly performance in a decade, and the U.S. stock market reacted with a record close on December 23 with the Dow Jones Industrial Average at 18024.17, registering its 36th record close this year. Unemployment is below 6.0%. The FY 2014 deficit is below its 40-year average. The Affordable Care Act has reduced uninsured Americans by 25%, and overall health-care spending has slowed significantly. The U.S. Dollar is stronger against other world currencies. The federal government’s bailouts of banks and the auto industry that rescued the economy from a total collapse at the start of the Obama presidency were closed out with a net profit to the taxpayers of $15.4 billion. Low world oil prices help the American consumer and weaken regimes hostile to the U.S., especially Russia, Iran and Venezuela. An amazing economic performance! (Packer, A Pretty Good Year for Government, New Yorker (Dec. 23, 2014); Higgins, Oil’s Swift Fall Raises Fortunes of U.S. Abroad, N.Y. Times (Dec. 25, 2014).)

President Obama, using the “fourth quarter” analogy of his favorite sport of basketball, obviously has concluded that he would be engaged in a vigorous “fourth quarter” (the last two years of his eight years in office) to do as much as possible of what he believes to be in the national interest of our country. Indeed, at the first Cabinet meeting after the huge Republican victories in this year’s midterm election, Obama gave every Cabinet member a white card that said, “We are entering the fourth quarter, and really important things happen in the fourth quarter.” Timothy Egan, a New York Times’ columnist, says Obama has “been liberated by defeat” and “in finally learning how to use the tools of his office, Obama unbound is a president primed to make his mark.” He is “marching ahead of politicians fighting yesterday’s wars,” who are forced “to defend old-century policies, and rely on an aging base to do it.” Moreover, Obama now “has Pope Francis as a diplomatic co-conspirator,” leaving Republican opponents of Cuban reconciliation to try to lecture “the most popular man on the planet.” (Osnos, In the Land of the Possible, New Yorker (Dec. 22 & 29, 2014); Eagan, Obama Unbound, N.Y. Times (Dec. 20, 2014).)

Finally the merits of reconciliation and these reflections on the timing of the announcement resurrect my personal support of the President. Given the Administration’s problems with the implementation of the Affordable Care Act and other administrative issues, I was beginning to think that Obama’s lack of prior administrative experience was a reason why he would not be the great President I expected him to be. Now, however, his achieving reconciliation with Cuba is a masterful demonstration of his intellectual, administrative and political skills.

Congratulations, Mr. President!

Praise God for Leading U.S. and Cuba to Reconciliation

God acting through people of Christian faith has been leading the U.S. and Cuba to reconciliation and promises to be with the people of both countries as they confront the many issues and challenges in achieving full reconciliation.

Roman Catholic Church

Principal agents for God have been and are the Roman Catholic Church and Pope Francis.The Vatican’s role predated Pope Francis. Two of his predecessors, Pope John Paul II and Pope Benedict XVI, visited Cuba in 1998 and 2012 respectively, and the church remains hugely influential among Cubans. The Obama administration first sought to enlist the Vatican’s support when Pope Benedict XVI was in office. It worked even more actively with the Vatican after Pope Francis came to the Vatican in 2013. The pope’s new secretary of state, Cardinal Pietro Parolin, an Italian, had served as papal nuncio in Venezuela and was well versed in Latin America politics. Mr. Kerry was also in contact with the Cardinal, meeting him at the Vatican in June of this year and again a week ago.

Most significantly, as has been widely reported, Pope Francis of the Roman Catholic Church acted as a mediator to help the parties.[1]

This was verified in the Vatican’s Secretary of State’s December 17^th statement, in which the Pope “wishes to express his warm congratulations for the historic decision taken by the Governments of the United States of America and Cuba to establish diplomatic relations, with the aim of overcoming, in the interest of the citizens of both countries, the difficulties which have marked their recent history.” The statement also provided the following details:

“In recent months, Pope Francis wrote letters to the President of the Republic of Cuba, His Excellency Mr Raúl Castro, and the President of the United States, The Honorable Barack H. Obama, and invited them to resolve humanitarian questions of common interest, including the situation of certain prisoners, in order to initiate a new phase in relations between the two Parties.”
“The Holy See received Delegations of the two countries in the Vatican last October and provided its good offices to facilitate a constructive dialogue on delicate matters, resulting in solutions acceptable to both Parties.”
“The Holy See will continue to assure its support for initiatives which both nations will undertake to strengthen their bilateral relations and promote the wellbeing of their respective citizens.”

President Obama in his December 17^th televised speech announcing this important initiative acknowledged that “His Holiness Pope Francis” had supported these measures and thanked the Pope, “whose moral example shows us the importance of pursuing the world as it should be, rather than simply settling for the world as it is.” In particular, the President said, “His Holiness Pope Francis issued a personal appeal to me and to Cuban President Raul Castro urging us to resolve Alan [Gross]’s case and to address Cuba’s interest in the release of three Cuban agents who have been jailed in the United States for over 15 years.”

Similarly Cuban President Raúl Castro in his televised remarks to the Cuban people said, “I wish to thank and acknowledge the support of the Vatican, most particularly the support of Pope Francisco, in the efforts for improving relations between Cuba and the United States.”

Subsequent reports and research reveals some of the details of the Pope Francis’ involvement.[2]

On March 27, 2014, the Vatican reported that President Obama “was received in audience by His Holiness Pope Francis, after which Obama met with His Eminence Cardinal Pietro Parolin, Secretary of State, and Archbishop Dominique Mamberti, Secretary for Relations with States. During the cordial meetings, views were exchanged on some current international themes and it was hoped that, in areas of conflict, there would be respect for humanitarian and international law and a negotiated solution between the parties involved.” Presumably this was U.S.-Cuba relations.

Immediately after the Audience, at a joint news conference with Matteo Renzi, the prime minister of Italy, President Obama made comments that in retrospect might have alluded to conversations about Cuba. The President said the Pope and he “had a wide-ranging discussion.“[W]e spent a lot of time talking about the challenges of conflict and how elusive peace is around the world. . . . [W]e also touched on regions like Latin America, where there’s been tremendous progress in many countries, but there’s been less progress in others. . . . [T]he theme that stitched our conversation together was a belief that in politics and in life the quality of empathy, the ability to stand in somebody else’s shoes and to care for someone even if they don’t look like you or talk like you or share your philosophy — that that’s critical. It’s the lack of empathy that makes it very easy for us to plunge into wars. It’s the lack of empathy that allows us to ignore the homeless on the streets. And obviously central to my Christian faith is a belief in treating others as I’d have them treat me. And . . . [what has] created so much love and excitement for His Holiness has been that he seems to live this, and shows that joy continuously.” The President added, “ I was extremely moved by his insights about the importance of us all having a moral perspective on world problems and not simply thinking in terms of our own narrow self-interests.”

More recently a U.S. administration official said that at the Audience, President Obama spoke about Cuba with Pope Francis, who was “aware” that Obama was considering a change in the policy against Cuba and reached out to the President. Indeed, according to this official, Cuba was the at the center of the discussion.

Soon after the March Audience, Pope Francis sent the two presidents letters, appealing to both to keep pushing for an agreement. In June the Pope sent another letter to the two men calling on them to resolve the case of Alan Gross and the cases of the three Cubans who have been imprisoned here in the United States and also encouraging the United States and Cuba to pursue a closer relationship. . . . The letter from Pope Francis “gave us greater impetus and momentum for us to move forward. ” This appeal from the Pope was ‘very rare’ and unprecedented.

The Vatican then hosted the US and Cuban delegations in October when the parties were able to review the commitments that they to make on December 17th.” The Pope, U.S. officials said, acted as a “guarantor” that both sides would live up to the terms of a deal reached in secret.

According to a New York Times article, Cardinal Jaime Ortega, the archbishop of Havana, also happened to be in Rome on October 3 and met with Francis, according to Vatican records, raising the possibility that he, too, attended the secret October meeting that is credited with sealing the diplomatic deal.’Ortega has always pushed for a gradual reform of the regime, for opening up, but at the same time he has been a trustworthy partner for the government — and with the full support of John Paul II, Benedict and Francis,’ said Marco Politi, an author and veteran Vatican analyst.”

An article by Juan Arias in El Pais, Spain’s leading newspaper, said Pope Francis “is only and always in favor of dialogue and peace, promote respect for all. Rescue the true dignity of the human being who is the subject of respect, travel partner, defender of life, rather than exploited, a commodity at the mercy of all who pay for it. In the world, managing the common good and the fight against injustice will inevitably present policy questions.” .

In the same vein, a Vatican spokesman said, in a December 18^th interview with a Fox News interview, the Vatican has a culture of encounter the says it is better to be talking, rather than not talking, with another individual or country in the Vatican tradition of confidential diplomacy. Such a practice does not solve everything, but it opens up relations.

Another overall evaluation of Pope Francis’s diplomacy from the New York Times starts with his comments on December 18th to a new corps of diplomats to the Vatican, ” The work of an ambassador lies in small steps, small things, but they always end up making peace, bringing closer the hearts of people, sowing brotherhood among people. This is your job, but with little things, tiny things.” On the other hand, Francis has a “vision of diplomatic boldness, a willingness to take risks and insert the Vatican into diplomatic disputes, especially where it can act as an independent broker.”

Francis Campbell, a former British ambassador to the Holy See, adds that Francis had embraced the bully pulpit provided by the papacy. “The papacy is one of the world’s great opinion formers. Whether people agree with it or disagree with it, it has a huge voice.”

Another change under Francis is “appointing diplomats to key posts elsewhere, most notably his second-in-command, Secretary of State Pietro Parolin, an Italian cardinal who has led delicate Vatican negotiations with Vietnam and served as apostolic nuncio, or ambassador, in Venezuela.” Moreover, Francis and Cardinal Parolin are seen as working in tandem — the charismatic pope and the methodical diplomat. . . . Paolo Rodari, a Vatican expert at La Repubblica, an Italian newspaper, added that Francis had quickly built a rapport with world leaders. ‘He establishes relationships very easily.”

Additional insight into Pope Francis’ mediation of this situation is prompted by the Associated Press’ rediscovery of his 1998 booklet, “Dialogues between John Paul II and Fidel Castro,” written while the Pope was still Jorge Mario Bergoglio. Soon to be named archbishop of Buenos Aires, he attended Pope John Paul II’s visit to Cuba.“In the booklet, Bergoglio harshly criticized socialism — and by extension Castro’s atheist revolution — for denying individuals their ‘transcendent dignity’ and putting them solely at the service of the state. At the same time, he denounced the U.S. embargo and economic isolation of Cuba that impoverished the island. ‘The Cuban people must overcome this isolation’. . . . [T]he first chapter titled ‘The value of dialogue’ . . . [says] that dialogue was the only way to end Cuba’s isolation and its hostility to the Catholic Church while promoting democracy.

This booklet was referenced by Austen Ivereigh in his new biography of Francis “The Great Reformer.” Ivereigh said Bergoglio “demonstrated an ‘incredibly evenhanded’ approach to the Cuban problem while outlining a future for the island that may well be more realistic now that the thaw has begun.” Pope Francis “sees Cuba’s future as being a democratic government rooted in the Christian, humanist values of the Cuban pueblo. It’s a kind of nationalist Catholic understanding of politics, neither left nor right, neither communism nor unadulterated market capitalism.”

Everyone in the world should be grateful that we have Pope Francis as a servant of God.

Presbyterian Church

As a member of Minneapolis’ Westminster Presbyterian Church, which has had a partnership with a sister church in Cuba, I join in the declaration by my brothers and sisters of LA IGLESIA PRESBITERIANA-REFORMADA EN CUBA (the Presbyterian-Reformed Church of Cuba) regarding the historic launching of this path of reconciliation that was signed by Dr. Reinerio Arce Valentin, the Moderator and my personal friend; Rev. Daniel Izquierdo Hernández, Secretary-General; Rev. Francisco Marrero Gutiérrez, Council President; and Rev. Antonio (Tony) Aja, D. Min. They said:

“Today we witnessed the televised speeches by the Presidents of Cuba and the United States in which both rulers recognized the need to put an end to the hostility of more than half a century and to re-establish Diplomatic relations between our two countries, which hopefully will lead to the normalization of relations. It was also gratifying to hear the news of the release of Mr. Alan Gross and others imprisoned in Cuba, as well as the release of the three Cuban prisoners in the U.S. American, which allows family reunification.”

Our church “gives thanks to God and celebrates with joy these agreements. For decades we have been encouraged with the exchange of visits between Cuban and American churches. We are in deep gratitude to the evangelical ideal to seek peace and justice, and we raised Our Voice against the severe measures, both economic and commercial, that have been imposed by American policy on our peoples.“

“In the same way we have received such support from our sister church, Presbyterian Church (U.S.A.), and from resolutions and talks official with leaders of the U.S. Congress and representatives of the U.S. government.”

“We acknowledge the efforts of the Vatican, in the person of Pope Francis, as well as the government of Canada in the achievement of these agreements. We hope that we are closer to an era of peace between our nations, it is precisely on the eve of the celebration of the Christmas which reminds us of the divine purpose of peace and Goodwill in our land.

“Glory to God in the highest heaven, and on earth peace among those whom he favors.” (Luke 2:14. NRSV).

The Stated Clerk of the Presbyterian Church (U.S.A.) [PCUSA], Gradye Parsons, made a similar statement. He said, “we welcome the historic steps taken by President Obama on normalizing diplomatic relations with Cuba.” The PCUSA ‘has been working for more than 30 years to help ease the hardships caused by the United States’ economic embargo on Cuba and to end the embargo itself.” We also have “emphasized [with the U.S. government] the humanitarian reasons for the release of Alan Gross and the three Cuban prisoners.” This set of decisions “also takes us closer to a day when our two peoples will have no impediments to full and flourishing relations. We rejoice along with the Cuban Council of Churches and the Presbyterian Church of Cuba for the good news that will further the cause of peace and human rights around the world.”

Another statement was issued by Rev. Dr. J. Herbert Nelson, Director of PCUSA’s Office of Public Witness. He said, “The release of Alan Gross and the three Cuban prisoners is an example of how nations can find common ground. When there is a will to live as true neighbors as Jesus Christ has taught us, we find a way towards justice and reconciliation.” The statement also noted that this Office “has organized religious delegations from Cuba, led a coalition of denominations and faith-based organizations calling for a change in policy towards Cuba, and organized meetings with members of congress and the administration urging an opening of relations between the two countries.”

I also believe that Minneapolis’ Westminster Presbyterian Church has played a small role in these historic decisions. Our connections with Cuba, our members’ visits to the island, our Cuban brothers and sisters visiting us, our prayer partnerships with members of the Matanzas church, our installing four potable water systems in Cuban churches and our learning more about Cuba and its relations with our country have inspired many of us to urge our Government to change its policies toward the island.

Our potable water projects are part of the “Living Waters for the World” ministry of the PCUSA’s Synod of Living Waters for the States of Kentucky, Tennessee, Mississippi and Alabama. To date they have trained people from churches, primarily Presbyterian, all over the U.S. who have installed over 660 such systems in 25 other countries. Cuba has received 21 of the systems, four by my church.

The importance of such systems for the Cuban people and churches was noticed by a New York Times reporter on a visit to the 137,000-population city of Cardenas on the north coast of the island about 90 miles east of Havana. He says, “Many of the churches in Cardenas have become a moral and economic counterweight [to communism] . . . to help people survive, with food, water, and exercise classes, and by guiding their souls away from a focus on material things.” (Cave, Crucible of Cuban Zeal Redefines Revolutionary, N.Y. Times (Dec. 20, 2014).)

As an example, he cites El Fuerte Presbyterian Church which occupies a “religious campus” that used to house Escuela La Progressiva, a famous pre-revolutionary school. This church has become a “hub of activity for the community largely because of a sophisticated water filtration system carried into Cuba and installed in 2012 by members of St. Charles Avenue Presbyterian Church in New Orleans.”

Other Religious Organizations

I know that other churches and synagogues in Minnesota and all around the U.S. have connections with Cuba and am confident that they too have had similar transformative experiences with our Cuban brothers and sisters. Others without overt religious motivation also have been God’s agents for these changes; here I think specifically of the support groups for the Cuban Five and for ending the U.S. embargo.

As the Bible says, “Now there are varieties of gifts, but the same Spirit; and there are varieties of services, but the same Lord; and there are varieties of activities, but it is the same God who activates all of them in everyone. To each is given the manifestation of the Spirit for the common good.” (1 Corinth. 12:4-7)(NRSV)

We lift all of them up in our prayers of gratitude.

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[1] An August 2012 post included my public letter to President Obama suggesting, among other things,“Perhaps such negotiations would be assisted by having the two countries agree to the appointment of a respected international mediator/conciliator to supervise the negotiations.”

[2] The President’s Audience and press conference about this and other topics were discussed in a prior post.

U.S. and Cuba Embark on Reconciliation

December 17, 2014, was a historic day in the relations between the United States of America and Cuba. The day started with Cuba’s release of Alan Gross, a U.S. citizen, from a Cuban prison and his return to his home in the U.S. and of the similar release and return to the U.S. of an unnamed U.S. spy . Nearly simultaneously the U.S. released three Cuban spies from its prison..

President Obama’s Speech

At noon (EST) President Obama delivered a televised speech to the nation and the world about the U.S, and Cuba embarking on a new path of reconciliation. He opened with the bold proclamation,”Today the United States of America is changing its relationship with the people of Cuba. After noting the prisoner exchanges, he said:

First. he had instructed Secretary of State John Kerry “to immediately begin discussions with Cuba to reestablish diplomatic relations” with an embassy in Havana. “Where we can advance shared interests, we will. . . . Where we disagree, we will raise those differences openly–as we will continue to do on issues related to democracy and human rights in Cuba.”

Second, the President had “instructed Secretary Kerry to review Cuba’s designation as a State Sponsor of Terrorism . . . to be guided by the facts and the law.”

Third, we are taking steps to increase travel, commerce, and the flow of information to and from Cuba.”

Fourth, the U.S. is “significantly increasing the amount of money that can be sent to Cuba, and removing limits on remittances that support humanitarian projects, the Cuban people, and the emerging Cuban private sector.” The U.S. is also facilitating “authorized transactions [with Cuba], . . including U.S. financial institutions opening accounts with their Cuban counterparts and increased U.S. exports as well as “increased telecommunications connections” with Cuba.

Fifth, the U.S. embargo against Cuba requires congressional action, and the President looks forward to “engaging Congress in an honest and serious debate about lifting the embargo.”

Sixth, the President also acknowledged that Cuba was releasing “a substantial number of prisoners” who had been jailed for political reasons, was increasing internet access to its citizens and its engagement with international institutions.

Nevertheless, the President acknowledged that there would not be “a transformation of Cuban society overnight.” He was convinced, however, “that through a policy of engagement we can more effectively stand up for our values and help the cuban people help themselves.”

Obama near the end of his speech said, “To the Cuban people, America extends a hand of friendship.” The U.S. “wants to be a partner in making the lives of ordinary Cubans little bit easier, more free, more prosperous.”

Cuban President Raul Castro’s Speech

Nearly simultaneously Cuban President Raúl Castro made a televised speech to his country about the new path for Cuba and the U.S. After acknowledging the prisoner exchange and the release of some Cuban political dissidents from prison, he said the countries had “agreed to the restoration of diplomatic relations.” Unfortunately the U.S. embargo will not be ended immediately, but will be modified until Congress can enact a repeal.

The two countries will take mutual steps “to improve bilateral climate and move toward normalization of ties . . . based on the principles of international law and the [U.N.] Charter.” Cuba has also reaffirmed its willingness to discuss all issues of democracy, human rights and foreign policy. Cuba has urged the U.S. “to remove obstacles that prevent or restrict th e links between our peoples, families and citizens . . ., in particular those relating to travel, direct mail and telecommunications.”

“Progress in sustained exchanges show that it is possible to find solutions to many problems. . . . [W]e must learn the art of living, in a civilized manner, with our differences.”

Conclusion

These historic agreements raise many issues that will be discussed in subsequent posts.

New York Times Calls for End of U.S. Program for Special Immigration Relief for Cuban Medical Personnel

On November 17^th the New York Times published another editorial in its series urging changes in U.S. policies regarding Cuba.[1] Under the title “A Cuban Brain Drain, Courtesy of the U.S.,” the editorial targets the U.S.’s Cuban Medical Professional Parole Program (CMPPP).

In order to understand the editorial, we first must look at the Cuban government’s policy and program of sending Cuban medical personnel to other countries and then at the CMPPP’s response to that Cuban program. Thereafter we will examine the Times’ rationale for its recommendation along with the arguments for the Wall Street Journal’s support of the CMPPP before we voice our conclusions.

Cuban Policy and Program of Sending Medical Personnel Abroad

According to a 2011 article in the Wall Street Journal, since 1973 Cuba has been sending medical ‘brigades’ to foreign countries, “helping it to win friends abroad, to back ‘revolutionary’ regimes in places like Ethiopia, Angola and Nicaragua, and perhaps most importantly, to earn hard currency. [The] Communist Party newspaper Granma reported in June [2010] that Cuba had 37,041 doctors and other health workers in 77 countries. Estimates of what Cuba earns from its medical teams—revenue that Cuba’s central bank counts as ‘exports of services’—vary widely, running to as much as $8 billion a year.”

Again, according to the same Wall Street Journal article, Cuban doctors often desire such overseas assignments because they provide opportunities to earn significantly more money than at home. “When serving overseas, they get their Cuban salaries [of $25 per month], plus a $50-per-month stipend—both paid to their dependents while they’re abroad. . . . In addition, they themselves receive overseas salaries—from $150 to $1,000 a month, depending on the mission.” Many on-the-side also engage in private fee-for-service medical practice, including abortions. As a result, many of the Cubans are able to save substantial portions of their overseas income, which they often use to purchase items they could not have bought in Cuba like television sets and computers. Other desirable purchases are less expensive U.S. products that they can sell at a profit when they return to Cuba.

The Wall Street Journal article adds, “Since Hugo Chávez came to power in Venezuela in 1998, Cuba has been bartering its [medical personnel] . . . for Venezuelan oil. The U.S. Energy Department estimates that in [2010] Venezuela ships Cuba 90,000 barrels of oil a day—worth more than $2 billion a year at [then] current prices. In addition, Venezuela pays Cuba for medical teams sent to countries that Mr. Chávez considered part of Venezuela’s “Bolivarian” sphere: Bolivia, Honduras, Ecuador and Paraguay.”

As a result of this quid pro quo, Cuba has over 10,000 medical personnel serving in Venezuela. According to the Los Angeles Times just this past September, the working conditions in that country for the Cubans are horrible. Many of the clinics lack air-conditioning and functioning essential medical equipment. The Cubans’ workload is often “crushing.” Common crime is rampant, and the Cubans are often caught in the middle of Venezuela’s civil unrest between followers of the late Hugo Chavez who want the Cubans to be there and more conservative forces that oppose the Cuban presence. As a result, as we will see below in the discussion of CMPPP, many Cuban medical personnel serving in Venezuela have chosen to defect to the U.S. under CMPP.

The Times editorial says, “This year, according to the state-run newspaper Granma, the government expects to make $8.2 billion from its medical workers overseas. The vast majority, just under 46,000, are posted in Latin America and the Caribbean. A few thousand are in 32 African countries.”[2]

Facts Regarding CMPPP

A U.S. Department of State website says this program was announced on August 11, 2006, “by the Department of Homeland Security in conjunction with the Department of State, [as a program] that . . . would allow Cuban medical personnel conscripted to study or work in a third country under the direction of the Cuban government to enter the United States.”[3]

Under the program “Cuban Medical Professionals” (i.e., health-care providers such as doctors, nurses, paramedics, physical therapists, lab technicians and sports trainers) are eligible if they meet the following criteria: (1) Cuban nationality or citizenship, (2) medical professional currently conscripted to study or work in a third country under the direction of the Government of Cuba, and (3) not otherwise ineligible for entry into the U.S. Spouses and/or minor children are also eligible for such parole.

According to the Times’ editorial and the Wall Street Journal, the program “was the brainchild of Cuban-born Emilio González,” a former U.S. Army colonel, the director of the U.S. Citizen & Immigration Services from 2006 to 2008 and a “staunchly anti-Castro exile.” “He has characterized Cuba’s policy of sending doctors and other health workers abroad as ‘state-sponsored human trafficking.’” The Cuban doctors, he says, work directly for health authorities in other countries and have no say in their assignments.

The Times’ editorial includes the following table showing the official numbers of CMPPP visas that have been issued:

*Fiscal Year*	*Number*
2006	11
2007	781
2008	293
2009	519
2010	548
2011	384
2012	681
2013	995
2014	1,278
*TOTAL*	*5,490*

Given the large numbers of Cuban medical personnel that are sent to Venezuela to help pay for Cuba’s importation of Venezuelan oil, it is not surprising that the largest number of defections of Cubans has been from that country. As of the end of FY 2010, according to the previously mentioned Wall Street Journal article, the total defections by country were the following: Venezuela, 824; Colombia, 291; Bolivia, 60; Dominican Republic, 30; Ecuador, 28; Guatemala, 25; Brazil, 21; Namibia, 21; Peru, 19; and Guyana, 14.

Apparently the largest number of defections from Venezuela continues in light of the previously mentioned difficult working conditions. For FY 2011-2014 there were an additional 1,181 Cuban defections from Venezuela to the U.S. under CMPPP for a grand total of 2,005.[4] In addition, many of the Cubans in that country fear being seen going to the U.S. embassy in Caracas and instead fly to neighboring Colombia and apply there for CMPPP.

Another obvious reason for such defections under CMPP is the desire of the Cubans to earn more income in the U.S. I have met a Cuban neurologist whose wife was a skilled nurse, but who worked as a waitress in a nearby resort in order to earn more income and obtain tips in hard currencies. Like almost all Cubans, they did not earn enough to afford to have their own automobile and told me about Cuban television announcements that people who had an automobile or other vehicle had a special obligation to give rides to anyone in a white coat. Later while on a mission in Central America they defected to the U.S. under CMPPP. At least as I heard their story, they were merely looking for a way to improve their lives financially.

The Times’ Reasons for Ending CMPPP

The editorial starts by noting, “Secretary of State John Kerry and the American ambassador to the United Nations, Samantha Power, have praised the work of Cuban doctors dispatched to treat Ebola patients in West Africa. The Centers for Disease Control and Prevention recently sent an official to a regional meeting the Cuban government convened in Havana to coordinate efforts to fight the disease. In Africa, Cuban doctors are working in American-built facilities.The epidemic has had the unexpected effect of injecting common sense into an unnecessarily poisonous relationship.”

Therefore, says the Times, “it is incongruous for the [U.S.] to value the contributions of Cuban doctors who are sent by their government to assist in international crises like the 2010 Haiti earthquake [and the current Ebola crisis in West Africa] while working to subvert that government by making defection so easy [under CMPPP].”

Moreover, says the Times, “Cuba has been using its medical corps as the nation’s main source of revenue and soft power for many years. The country has one of the highest numbers of doctors per capita in the world and offers medical scholarships to hundreds of disadvantaged international students each year, and some have been from the United States. According to Cuban government figures, more than 440,000 of the island’s 11 million citizens are employed in the health sector.”

The creation of CMPP was really motivated by a desire by anti-Castro Americans “to strike at the core of the island’s primary diplomatic tool, while embarrassing the Castro regime.” This is hardly a worthy motivation for the U.S.

For a poor country like Cuba, it makes sense to use one of its few economic strengths to bolster its foreign exchange earnings. Is this not an example of the concept of comparative advantage first formulated by classical economists Adam Smith and David Ricardo? The program also helps Cuba garner good will around the world for helping to improve the health of others. There is no legitimate reason for the U.S. to be opposed to such a program.

Adds the Times editorial, “American immigration policy should give priority to the world’s neediest refugees and persecuted people. It should not be used to exacerbate the brain drain of an adversarial nation at a time when improved relations between the two countries are a worthwhile, realistic goal.”

In 2006 when CMPPP was commenced, Cuban medical personnel could not obtain their government’s permission to leave the island for any reason, and this was asserted as one of the reasons for the U.S.’ creation of CMPPP. Last year, however, the Times says, “the Cuban government liberalized its travel policies, allowing most citizens, including dissidents, to leave the country freely. Doctors, who in the past faced stricter travel restrictions than ordinary Cubans, no longer do.”

Moreover, the Times asserts, “The Cuban government has long regarded the medical defection program as a symbol of American duplicity. It undermines Cuba’s ability to respond to humanitarian crises and does nothing to make the government in Havana more open or democratic. As long as this incoherent policy is in place, establishing a healthier relationship between the two nations will be harder.”

Finally, according to the Times, “Many medical professionals, like a growing number of Cubans, will continue to want to move to the United States in search of new opportunities, and they have every right to do so. But inviting them to defect while on overseas tours is going too far.”

The Wall Street Journal’s Reasons for Supporting CMPPP

The Wall Street Journal’s opinions on this subject are frequently uttered by its columnist on Latin American issues, Mary Anastasia O’Grady. The headline for her November 9, 2014, column makes clear her ultimate conclusion: “Cuba’s Slave Trade in Doctors.” She asserts that Cuba’s policy and practice of sending some of its medical personnel to other countries is an “extensive human-trafficking racket now being run out of Havana.”

Her argument centers on the Cuban government’s being paid for these services by other countries like Venezuela or by international organizations like WHO and the government’s paying its medical personnel only some of the Cuban government’s revenues for their services. But this ignores the fact that any corporation or other business entity that sells services, pays the people who actually provide the service less than what is collected by the corporation because there are other cost factors that have to be covered plus a profit.

While she admits that “Cuban doctors are not forced at gunpoint to become expat slaves,” she argues they “are given offers they cannot refuse.”

Conclusion

When the CMPPP was created in 1966, Cuba’s government prohibited its medical personnel from leaving the island, and one of CMPP’s original rationales was providing a legitimate way to provide them with a way to leave Cuba and go elsewhere. Now, however, the Cuban government permits such citizens to leave. This change, in this blogger’s opinion, eliminates the only arguably legitimate basis for CMPPP.

The allegation by some supporters of CMPP that Cuba’s practice of sending medical teams to other countries is a form of human trafficking is absurd, in this blogger’s opinion. The Cuban government has paid for all of the education of its medical personnel, and sending some of them to serve in foreign countries is a way for them to compensate the state for their free education. This Cuban practice is like the U.S. practice during some wars of having a selective service system and drafting some people to serve in our armed forces. Similarly we in the U.S. from time to time have debated having some kind of required national non-military service program for younger citizens without anyone arguing that it would be illegal human trafficking.

The U.S. State Department issues annual reports on the status of other countries’ human trafficking, which the reports define as “umbrella terms for the act of recruiting, harboring, transporting, providing, or obtaining a person for compelled labor or commercial sex acts through the use of force, fraud, or coercion.” This compelled service requirement uses “a number of different terms, including involuntary servitude, slavery or practices similar to slavery, debt bondage, and forced labor.”

Although the latest U.S. report on this subject unjustly casts Cuba into the report’s Tier 3 status,[5] as argued in a prior post, that report rejects the argument that Cuba is engaged in human trafficking when it sends its medical personnel to other countries. Here is what that report says on this issue:

“Some Cubans participating in the work missions have stated that the postings are voluntary, and positions are well paid compared to jobs within Cuba. Others have claimed that Cuban authorities have coerced them, including by withholding their passports and restricting their movement. Some medical professionals participating in the missions have been able to take advantage of U.S. visas or immigration benefits [under the CMPPP], applying for those benefits and arriving in the United States in possession of their passports—an indication that at least some medical professionals retain possession of their passports. Reports of coercion by Cuban authorities in this program do not appear to reflect a uniform government policy of coercion; however, information is lacking.”

This blogger, therefore, supports the Times’ calling for an end to CMPPP.

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[1] Under the overall title of “Cuba: A New Start,” the prior editorials (all of which are simultaneously published in Spanish) have urged overall reconciliation between the two countries, including ending the ending of the U.S. embargo of the island, the U.S. designation of Cuba as a “State Sponsor of Terrorism” and re-establishing normal diplomatic relations; U.S.-Cuba collaboration in combatting Ebola in West Africa; recognizing changing U.S. public opinion on relations with Cuba; U.S.-Cuba exchange of prisoners; and ending USAID covert programs to promote regime change in Cuba.

[2] Another issue unrelated to CMPPP is whether or not the services provided by the Cuban medical personnel meet the professional standards of the country where they serve. A South American ophthalmologist has told this blogger that she frequently has been called to fix problems created by Cuban doctors on such missions, but this blogger has no information about any comprehensive study of this issue.

[3] The program’s stated statutory authorization is INA section 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States for urgent humanitarian reasons or significant public benefit); 8 CFR 212.5(c) & (d) (discretionary authority for granting parole), whereby the U.S. Citizenship and Immigration Services (USCIS) may exercise its discretionary parole authority to permit eligible Cuban nationals to come to the United States.

[4] This calculation is based upon a November 9, 2014, article in Venezuela’s El Universal newspaper.

[5] Tier 3 is a U.S.-created category of countries that the U.S. asserts “do not fully comply with [a U.S. statute’s] minimum standards and are not making significant efforts to do so”.

U.S. State Department’s Report on International Religious Freedom in 2013

On July 28, 2014, the U.S. State Department released its annual report on religious freedom around the world.[1]

Secretary of State Kerry’s Comments

Announcing the release of the report, U.S. Secretary of State John Kerry said although the U.S. was “obviously far from perfect,” it was important for the U.S. to treasure freedom of religion as “a universal value. . . . The freedom to profess and practice one’s faith is the birthright of every human being . . . [and] are properly recognized under international law. The promotion of international religious freedom is a priority for President Obama and it is a priority for me as Secretary of State.” In short, “religious freedom remains an integral part of our global diplomatic engagement.”

Executive Summary of the Report

The world had the largest displacement of religious communities in recent memory. In almost every corner of the globe, millions of Christians, Muslims, Hindus, and others representing a range of faiths were forced from their homes on account of their religious beliefs. Out of fear or by force, entire neighborhoods are emptying of residents. Communities are disappearing from their traditional and historic homes and dispersing across the geographic map.” In conflict zones (Syria, Central African Republic and Burma), this mass displacement has become a pernicious norm.

All around the world, individuals were subjected to discrimination, violence and abuse, perpetrated and sanctioned violence for simply exercising their faith, identifying with a certain religion, or choosing not to believe in a higher deity at all. Countries where this was a significant problem were Pakistan, Egypt, Saudi Arabia, Iran, Bangladesh, Sri Lanka and Eritrea. Throughout Europe, the historical stain of anti-Semitism continued to be a fact of life.

Governments repressed religious freedom. Governments from all regions subjected members of religious groups to repressive policies, discriminatory laws, disenfranchisement, and discriminatory application of laws. These governmental actions not only infringed on freedom of religion themselves, but they also often created a permissive environment for broader human rights abuses. Restrictive policies included laws criminalizing religious activities and expression, prohibitions on conversion or proselytizing, blasphemy laws, and stringent registration requirements or discriminatory application of registration requirements for religious organizations. This was especially true in North Korea, Saudi Arabia, Iran, Sudan, China, Cuba, Tajikistan, Turkmenistan, Uzbekistan, Pakistan, Burma, Russia and Bahrain.

Governments engaged in discrimination, impunity and displacement of religious minorities. When governments choose not to combat discrimination on the basis of religion and intolerance, it breeds an environment in which intolerant and violent groups are emboldened, even to the point of physically attacking individuals on the basis of their religious beliefs. Governments in these countries failed to protect vulnerable communities and many religious minority communities were disproportionately affected, resulting in a large number of refugees and internally displaced persons. This was especially true in Syria, Sri Lanka, Egypt, Iraq, Bangladesh, Indonesia, India and Nigeria. Rising anti-Semitism and anti-Muslim sentiment in the following countries of Europe demonstrated that intolerance is not limited to countries in active conflict:Belgium, France, Germany, Hungary, Italy, Latvia, Sweden and United Kingdom.

Religious minority communities were disproportionately affected by violence, discrimination and harassment. In many regions of the world, religious intolerance was linked to civil and economic strife and resulted in mass migration of members of religious minority communities throughout the year. In some of these areas, the outward migration of certain communities has the potential to permanently change the demographics of entire regions.

“Countries of Particular Concern”

Pursuant to the International Religious Freedom Act of 1998, the Secretary of State designated the following countries as “Countries of Particular Concern” (CPC): Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, Turkmenistan, and Uzbekistan. Such countries “engage in or tolerate particularly severe violations of religious freedom” or “systematic, ongoing, and egregious violations of religious freedom, including torture, cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges, abduction or clandestine detention of persons, or other flagrant denial of the right to life, liberty, or the security of persons based on religion.”

Turkmenistan, which is new to this State Department list, is the only one of eight countries recommended for such designation by the latest report from the U.S. Commission on International Religious Freedom. The others so recommended by the Commission are Egypt, Iraq, Nigeria, Pakistan, Syria, Tajikistan and Vietnam.

Ambassador-at-large for International Religious Freedom

Simultaneously with this report’s release, the Obama administration announced the nomination of Rabbi David Saperstein as the next ambassador-at-large for international religious freedom. Rabbi Saperstein, a reform rabbi and lawyer known for his work in Washington to advance religious freedom, would be the first non-Christian to lead the State Department’s Office of International Religious Freedom, if confirmed by the Senate.

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[1] This post is based upon the International Religious Freedom Report for 2013 (July 28, 2014); Secretary Kerry, Remarks at Rollout of the 2013 Report on International Religious Freedom (July 28, 2014); Assistant Secretary Malinowski, Remarks on the Release of the 2013 Report on International Religious Freedom (July 28, 2014); Department of State, Fact Sheet: 2013 Report on International Religious Freedom (July 28, 2014). Earlier posts covered the international law regarding religious freedom and the State Department’s reports on the subject for 2011 and 2012.

Latest U.S. Report on Global Human Trafficking

On June 20, 2014, the U.S. Department of State released its Trafficking in Persons Report 2014 (TIP).

The Department asserts that along with the other annual reports, this TIP is “the world’s most comprehensive resource of governmental anti-human trafficking efforts and reflects the U.S. Government’s commitment to global leadership on this key human rights and law enforcement issue. It represents an updated, global look at the nature and scope of trafficking in persons and the broad range of government actions to confront and eliminate it. . . . The U.S. . . . uses the TIP Report to engage foreign governments in dialogues to advance anti-trafficking reforms and to combat trafficking and to target resources on prevention, protection and prosecution programs.”

On the release of this TIP, Secretary of State John Kerry said, “For years, we have known that this crime affects every country in the world, including ours. We’re not exempt. More than 20 million people, a conservative estimate, are victims of human trafficking. And the [U.S.] is the first to acknowledge that no government anywhere yet is doing enough. We’re trying. Some aren’t trying enough. Others are trying hard. And we all need to try harder and do more.”

Kerry also rejected criticism that the U.S.’ preparing and publishing such a report was an unjustified action. He said, “This is not an act of arrogance. We hold ourselves to the same standard. This is an act of conscience. It is a requirement as a matter of advocacy and as a matter of doing what is right.”

The last point was echoed by Luis CdeBaca, the U.S. Ambassador-at-Large, State Department’s Office to Monitor and Combat Trafficking in Persons. He said the U.S. itself has been included in this report since 2010 as “a matter of fairness to all of the other countries; if we’re going to hold them to these minimum standards, [then] . . . we needed to hold ourselves to them as well.” He added, “no country is doing a perfect job on the fight against human trafficking, and that includes the [U.S.]. We are all in this together.”

Criteria for U.S. Evaluation of Countries’ Trafficking Records

Under its authorizing legislation,[1] the State Department is required to assess the extent to which countries comply with the “minimum standards for the elimination of trafficking” set forth in the legislation. Those standards are the following:

(1)“The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking.”

(2)“For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim of sex trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or which causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault.”

(3)“For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense.”

(4)“The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons.”[2]

The statute also requires the State Department, based upon reliable information, to place countries into the following classes or tiers:

“Tier 1. Countries whose governments fully comply with the TVPA’s minimum standards for the elimination of trafficking.”[3]

“Tier 2. Countries whose governments do not fully comply with the TVPA’s minimum standards but are making significant efforts to bring themselves into compliance with those standards.”

“Tier 2 Watch list. Countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards, and for which: a) the absolute number of victims of severe forms of trafficking is very significant or is significantly increasing; b) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecution, and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials; or c) the determination that a country is making significant efforts to bring itself into compliance with minimum standards was based on commitments by the country to take additional steps over the next year.”

“Tier 3. Countries whose governments do not fully comply with the TVPA’s minimum standards and are not making significant efforts to do so.”[4] (Emphases in original.)

The U.S. Assessments of Countries Trafficking Records for 2013

The following table summarizes the number of countries in different areas of the world in the different tiers (Report at 58):

*Area*	*Tier 1*	*Tier 2*	*Tier 2Watch List***	*Tier 3*	*Special Case*	*Total*
Africa	00	26	17	10	01	54
Asia	03	20	09	06	00	38
Europe	21	16	02	00	00	39
Middle East	01	05	04	04	00	14
Pacific	02	03	02	01	00	08
Western Hemisphere	04[Canada, Chili, Nicaragua & U.S.]	19	10	02 [Cuba & Venezuela]	00	35
*Total*	31	89	44	23	01	*188*

The Report’s rankings are based upon “information from U.S. embassies, government officials, non-governmental and international organizations, published reports, news articles, academic studies, research trips to every region of the world, and information submitted to [a dedicated Department email address]. . . . The U.S. diplomatic posts and domestic agencies . . . [in turn conduct] thorough research that included meetings with a wide variety of government officials, local and international NGO representatives, officials of international organizations, journalists, academics, and survivors.” (Report at 37.)

Penalties for Tier 3 Countries

Under the authorizing statute, “governments of countries on Tier 3 may be subject to certain restrictions on bilateral assistance, whereby the U.S. government may withhold or withdraw non-humanitarian, non- trade-related foreign assistance. In addition, certain countries on Tier 3 may not receive funding for government employees’ participation in educational and cultural exchange programs . . . . [G]overnments subject to restrictions would also face U.S. opposition to assistance (except for humanitarian, trade-related, and certain development- related assistance) from international financial institutions, such as the International Monetary Fund and the World Bank.”(Report at 44.)

Conclusion

Because of this blogger’s special interest in Cuba, a subsequent post will analyze this Report’s assigning Cuba to Tier 3.

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[1] Since 2000 the U.S. has had a series of federal statutes addressing efforts to combat human trafficking. The first such statute was the Victims of Trafficking and Violence Protection Act of 2000 that required, in part, certain annual reports on trafficking. Subsequent federal statutes were the Trafficking Victims Protection Reauthorization Act of 2003; the Trafficking Victims Protection Reauthorization Act of 2005; the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and the Trafficking Victims Protection Reauthorization Act of 2013 [Title XII of the Violence Against Women Reauthorization Act of 2013]. See 22 U.S.C., ch. 78.

[2] The statute defines “severe forms of trafficking in persons” and “serious and sustained efforts to eliminate severe forms of trafficking in persons.” (Report at 9.)

[3] According to the Report, “While Tier 1 is the highest ranking, it does not mean that a country has no human trafficking problem or that it is doing enough to address the problem. Rather, a Tier 1 ranking indicates that a government has acknowledged the existence of human trafficking, has made efforts to address the problem, and meets the [statute’s] . . . minimum standards. Each year, governments need to demonstrate appreciable progress in combating trafficking to maintain a Tier 1 ranking.” (Report at 40.)

[4] The statute “lists additional factors to determine whether a country should be on Tier 2 (or Tier 2 Watch List) versus Tier 3.” (Report at 43.)

Presbyterian Church (U.S.A.) Takes Actions Regarding Cuba

The just-concluded General Assembly of the Presbyterian Church (U.S.A.) approved two resolutions regarding Cuba.

End Designation of Cuba as a “State Sponsor of Terrorism”

By a vote of 481 to 63, the General Assembly adopted resolution 11-03: “Petition the President of the United States and the U.S. Department of State to remove Cuba from the list of state sponsors of terrorism as soon as possible.” [1] The stated rationale for the resolution included the following:

“[T]here is no evidence that Cuba has provided [logistical and financial or political support to groups that carry out terrorist attacks on civilians] in recent decades or is currently providing it.”
“To the contrary, Cuba has made international commitments to combat terrorism, has ratified all twelve international counterterrorism conventions, and has offered to sign a bilateral agreement with the United States on counterterrorism.”
“In an immediate response to the September 11, 2001, attacks on New York City and Washington, D.C., by Islamist militants belonging to Al Qaeda, Cuba expressed solidarity with the U.S, condemning the attacks and offering Cuban airports for the emergency diversion of airplanes from U.S. airports.”
“Cuba is a sponsor of the peace talks between the Revolutionary Armed Forces of Colombia—People’s Army (Fuerzas Armadas Revolucionarias de Colombia—Ejército del Pueblo or FARC) guerrillas and the Columbian government and is playing a constructive mediating in these talks in an effort to bring an end to one of the regions’ longest-standing conflicts and has been lauded by the Columbian government for its assistance.”
“Cuba collaborates with the U.S. in counter-drug traffic efforts, interdicting narcotic shipments in the Caribbean and has been publicly thanked by the United States government for this cooperation.”
“Under these circumstances, keeping Cuba on the list of state sponsors of terrorism weakens the credibility of the entire list. . . . Removing Cuba from the list would send a positive signal to all Latin American governments and would enhance the image of the U.S. in this hemisphere and around the world.”

End Restrictions on U.S. Citizens Traveling to Cuba

By a hand vote the General Assembly approved resolution 11-05: “Petition the President of the United States, the U.S. Department of State, and the U.S. Treasury Department’s Office of Foreign Assets Control to remove all of the restrictions on travel by U.S. citizens to Cuba, which it is legally possible for them to do, and to openly and vigorously advocate to Congress the repeal of all laws restricting the constitutional right of U.S. citizens to travel to Cuba.” The resolution also stated: “Petition the majority and minority leaders of the U.S. Senate and the U.S. House of Representatives to work to repeal all of the laws restricting travel to that nation.”

The rationale for this resolution included the following: “[M]illions of U. S. citizens are unable to visit Cuba because of restrictions still in place that limit travel to that nation. Speaking to the Organization of American States in 2013, U. S. Secretary of State, John Kerry, stated that ‘our people are actually our best ambassadors.’ . . . Increased travel by U. S. citizens will help support thousands of . . . [new] Cuban entrepreneurs and will enable them to purchase food and clothing and provide for their other basic needs.”

Consultation of U.S. and Cuban Presbyterian Churches

The General Assembly also considered Resolution 11-06 calling for developing a process for consultation between the U.S. and Cuban Presbyterian churches. By a hand vote, it was referred back to the appropriate church committee to find the necessary funding for such a process in light of the U.S. church’s “commitment to deepening our relationship [with Cuba] by careful analysis of the ongoing complex situation in Cuba.”

Conclusion

The biennial General Assembly is the national governing body of the Presbyterian church (U.S.A.) that brings together commissioners and advisory delegates from all 172 presbyteries in the U.S., as well as other delegates and observers from around the world.

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[1] This blog repeatedly has called for ending the designation of Cuba as a “State Sponsor of Terrorism.” Here is the latest such post.

U.S. Policy Implications of State Department’s Report on Cuban Human Rights

A prior post reviewed the U.S. State Department’s just-released 2013 Country Reports on Human Rights Practices while another post discussed its chapter on Cuba. Now we look at the implications of that report for U.S. policies regarding Cuba.

Some people assert that the negative aspects of Cuban human rights justify continuing U.S. hostility toward the island. They see the Cuban glass of human rights at least half empty. Notable among them is U.S. Representative Mario Díaz-Balart, a Cuban-American and a Republican Congressman from Miami, who remains a stalwart powerful defender of the embargo and other anti-Cuba policies of the U.S.

Others, including this blogger, reach the opposite conclusion based, in part, on the belief that the Cuban glass of human rights is half full.

As Rev. Raúl Suárez put it at the February 27^th briefing for the U.S. Congress, “Cuba has many problems but Cuba isn’t hell . . . . We have many good things that have been achieved [but] . . . Cuba is not the Kingdom of God.” Suárez added, “God . . . wants us [Cubans and Americans] to live like brothers and sisters.”[1]

Indeed, the humility expressed by Rev. Suárez should lead the U.S. to the same conclusion. As U.S. Secretary of State John Kerry said last month on release of the Human Rights Reports, “from our own nation’s journey, we know that [human rights] is a work in progress. Slavery was written into our Constitution before it was written out. And we know that the struggle for equal rights, for women, for others – for LGBT community and others – is an ongoing struggle.” Secretary Kerry admitted that we “know that we’re not perfect. We don’t speak with any arrogance whatsoever, but with a concern for the human condition.”

In evaluating Cuba’s mixed human rights record and deciding on U.S. policies regarding that country, that same humility should cause we in the U.S. to remember the U.S. immense superiority in economies and military might and the long-standing U.S. actions of hostility towards Cuba, including the following:

the U.S. usurpation of Cuba’s war for independence from Spain in the late 19th Century (what we in the U.S. call the “Spanish-American War“);
the U.S.’ making Cuba a de facto U.S. protectorate in the early 20th Century;
the U.S. support for the invasion of Cuba’s Bay of Pigs in 1961;
the U.S. threats of military action against Cuba during the pressured Cuban missile crisis of 1962;
the CIA’s hatching several plots to assassinate Fidel Castro when he was Cuba’s President;
the U.S. conduct of an embargo of Cuba over the last 50-plus years; and
the U.S. Government’s Commission on Assistance for a Free Cuba setting forth what amounted to a U.S. blueprint for taking over Cuba.

This history provides Cuba with many legitimate reasons to be afraid of the U.S. It, therefore, is understandable why Cuba has harshly treated what we call “dissidents” and what Cuba fears are or could be supporters of a U.S. takeover.

And we in the U.S. should know from our own history since 9/11 that societies and governments tend to clamp down on civil liberties when they fear outside interference or attacks.

Cuba’s regrettable lapses on human rights, though perhaps understandable in context, should not be a reason for continued U.S. hostility toward the island.

Therefore, as a prior post argued, improving Cuban human rights should be one of many items on an agenda for a comprehensive, mutually respectful negotiation between the two countries. The objectives of such a negotiation, in my opinion, should be restoration of full diplomatic relations; ending the U.S. embargo against Cuba;[2] terminating the unjustified U.S. designation of Cuba as a “State Sponsor of Terrorism;” [3] terminating the one-sided U.S. lease of Guantanamo Bay; and compensating owners for expropriation of property on the island as part of the Cuban Revolution.[4]

Such a negotiation, in my opinion, is in the interest of the U.S. Cuba poses no threat to the U.S. Our businesses and farmers would benefit economically from open relations with Cuba. Normalizing our relations with the island would be seen by most people in the world, especially Latin America, as a sign that the U.S. is a mature, rational country.

These thoughts were echoed by the Cuban religious leaders who held a U.S. congressional briefing on February 27^th. Joined by the President and CEO of Church World Service, [5] they reaffirmed their long-held opposition to the U.S. embargo of Cuba.

They also called “for the U.S. government to end the ban that prevents U.S. citizens from visiting Cuba and seeing the island for themselves; to take Cuba off the list of State Sponsors of Terrorism . . . ; and for the American government to open up trade and commerce in ways that support the small enterprises, cooperatives, and non-profits that are emerging on the island. Finally, the U.S. and Cuban governments ought to open a high level dialogue between our countries to normalize relations and discuss differences in ways that honor and respect the dignity of both nations.”

Before the commencement of such complicated negotiations, the U.S. President should commute the sentences of three of the Cuban Five to the 15-plus years they already have spent in U.S. jails and prisons and let them return to their home country. Similarly Cuba should commute the sentence of U.S. citizen Alan Gross to the time he already has spent in Cuban prison and allow him to return to the U.S.

Given the long period of hostility between the two countries and the apparent lack of movement toward negotiations, I believe that the assistance of a neutral third-party mediator would be helpful to both countries. Such a mediator, in my opinion, should be someone who is bilingual in English and Spanish with experience as an international mediator, who is in fact and perceived to be neutral and who has the time (and staff?) to make a major commitment to this process.

Such a mediator indeed could and should step forward and invite representatives of both countries to participate in mediated negotiations, rather than wait on them to agree on such a process.

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[1] Suárez is a Baptist pastor and the founder and director of the Martin Luther King, Jr. Center in Havana. When I visited the Center in 2007, Rev. Suárez told our group that he had founded the Center because he thought King’s philosophy of non-violence and social justice was relevant to Cuba, especially to Afro-Cubans. He also said that in 1984 he and other religious leaders met with then President Fidel Castro to protest the government’s endorsement of atheism (or scientific materialism) as limiting the space for churches, and after the collapse of the Soviet Union in 1989, Cuba abandoned that endorsement and provided more space for churches to participate in issues facing the island.

[2] Amnesty International, Human Rights Watch and former U.S. President Jimmy Carter also call for ending the U.S. embargo. So too does world opinion as evidenced by the U.N. General Assembly’s passing resolutions condemning the embargo for the last 22 years. The last such resolution in October 2013 was passed 188 to 2 with only the U.S. and Israel voting against it. A prior post to this blog also has argued for ending the embargo and summarized the 2011 General Assembly resolution against the embargo.

[3] This blog has reviewed the State Department’s asserted rationale for the “State Sponsor of Terrorism” designation and called it ridiculous for 2010, 2011 and 2012 and absurd for 2013. This blog also noted Cuba’s adoption of legislation against money laundering and terrorism financing and thereby negating one of the purported reasons for the designation.

[4] In a letter to President Obama that was reproduced in this blog, I called for the U.S. to terminate the Guantanamo Bay lease and for Cuba to compensate property owners for expropriating their property. A comprehensive review of this lease is found in Michael J. Strauss’ The Leasing of Guantanamo Bay.

[5] Church World Service was founded in 1946 with this mission: “Feed the hungry, clothe the naked, heal the sick, comfort the aged, shelter the homeless.” It now has 37 Protestant member communions all over the world.