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

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

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

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

The Actual Resolution

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

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

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

Cuba’s Presentation of the Resolution

Bruno Rodriguez
Bruno Rodriguez

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Other Countries’ Statements of Support[3]

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

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

U.S. Abstention[4]

Samantha Power
Samantha Power

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

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

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

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

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

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

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

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

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

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

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

U.S. Reactions[7]

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

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

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

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

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

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

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

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

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

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

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

The Confession of Belhar Is Adopted by the Presbyterian Church (U.S.A.)

PCUSA

On June 23, 2016, the General Assembly of the Presbyterian Church (U.S.A.) overwhelmingly voted (540 to 33) to include in its Book of Confessions the 1986 Confession of Belhar from South Africa.

Let us examine that Confession, its adoption by the PC(USA)’s General Assembly, the PC(USA)’s Book of Confessions and the recent use of the Belhar Confession at Minneapolis’ Westminster Presbyterian Church, a member of the PC(USA).

 The Confession of Belhar[1]

The Belhar Confession emerged from the era of apartheid in South Africa, 1948-1994. That doctrine and practice of racial segregation was embraced by the Dutch Reformed Church in South Africa (DRC) for whites and imposed upon its racially segregated offshoots: the Dutch Reformed Mission Church (DRMC) for colored or mixed-race people, the Dutch Reformed Church in Africa for blacks and the Reformed Church in Africa for people of Indian descent.

After the 1960 Sharpeville Massacre, the 1964 convictions and imprisonments of anti-apartheid activists Nelson Mandela and Walter Sisulu, the 1976 Soweto Uprising and the 1976 condemnation of South Africa and apartheid by the United Nations, the Synod of the DRMC in 1978 concluded that apartheid was anti-evangelical and a structural and institutional sin.

Eight years later, in 1986, another Synod of the DRMC met in Belhar, a colored suburb of Capetown, South Africa, and adopted the Confession of Belhar. It has the following primary confessional statements:

  1. “We believe in the triune God, Father, Son and Holy Spirit, who gathers, protects and cares for the church through Word and Spirit. This, God has done since the beginning of the world and will do to the end.”
  2. “We believe in one holy, universal Christian church, the communion of saints called from the entire human family.”
  3. “We believe that God has entrusted the church with the message of reconciliation in and through Jesus Christ; that the church is called to be the salt of the earth and the light of the world, that the church is called blessed because it is a peacemaker, that the church is witness both by word and by deed to the new heaven and the new earth in which righteousness dwells.”
  4. “We believe that God has revealed himself as the one who wishes to bring about justice and true peace among people.”
  5. “We believe that, in obedience to Jesus Christ, its only head, the church is called to confess and to do all these things, even though the authorities and human laws might forbid them and punishment and suffering be the consequence.”

Three of these statements also set forth additional detailed belief statements and rejections of any doctrine and ideology which:

  • “absolutizes  natural diversity or the sinful separation of people;”
  • “explicitly or implicitly maintains that descent or any other human or social factor should be a consideration in determining membership of the church;”
  • “sanctions in the name of the gospel or of the will of God the forced separation of people on the grounds of race or color;”
  • “would legitimate forms of injustice and any doctrine which is unwilling to resist such an ideology in the name of the gospel.”

The PC(USA)’s Adoption of the Belhar Confession [2]

As previously noted, on June 23, 2016 (30 years after the DRMC adoption of the Confession of Belhar), the General Assembly of the PC(USA) voted to add that Confession to the U.S. church’s Book of Confessions.

Rev. Godfrey Betha
Rev. Godfrey Betha

Immediately after the vote, the General Assembly was addressed by Rev. Godfrey Betha, the Vice Moderator of the Uniting Reformed Church in Southern Africa, which was formed by the DRMC and the Dutch Reformed Church in Africa for blacks. Betha told the General Assembly, “It is important to seek solidarity with South Africa. We’ve come a long way with the PC(USA). We are grateful to have you as partners in service to the Lord. Today we offer gratitude, we salute you as the PC(USA) for your historic decision to adopt the Belhar Confession as a standard of faith for your church. I bow in humility to God and thankfulness to you … I’ll never forget this date.”

Betha added: “Your decision affirms that, like those other historic standards of faith, the Belhar Confession transcends its historic circumstances as a standard for faith in all places and times. Your decision affirms that Belhar does speak against ideological and theological attempts to justify specific historical forms of injustice. Your decision affirms to your church, [and] to all, when you come looking for the demon of racism, don’t come to us.”

Rev. Allan Boesak
Rev. Allan Boesak

Also present at the General Assembly was Rev. Allan Boesak, a co-author of the Confession of Belhar and the moderator of the DRMC when it was adopted in 1986. He said, “I thank God for what happened here tonight. I thank God for your faithfulness. I thank God for your acknowledgement of our common humanity in doing this … I thank God, and I thank you, and because of Jesus and because of God’s faithfulness, we shall overcome.”

Rev. Denise Anderson
Rev. T. Denise Anderson

At that point the commissioners linked hands throughout the plenary hall and spontaneously broke into “We Shall Overcome,” the famous song of the U.S. African-American civil rights movement, led by the General Assembly’s Co- Moderator, Rev. T. Denise Anderson, Pastor, Unity Presbyterian Church, Temple Hills, MD.

Earlier that same day, and before the General Assembly action, Boesak had addressed a breakfast meeting at the General Assembly. He said the Belhar Confession “stirs us, humbles us, and inspires us … It’s a unifying document. We cannot yet foresee the consequences of the Confession. No other Confession has been so clear in its intentions: not only unity, but its foundationality; not just reconciliation, but its inescapability; not only justice, but its indivisibility.”

“Today is a defining moment for the PC(USA), as it was for the Dutch Reformed Mission Church 30 years ago as we finally adopted the Belhar Confession,” Boesak continued. “But the defining moment  was  not  just  the  adoption  of  the confession, as stunning as it was. In the years between 1982 and 1986, my friend and colleague and co-author Jaap Durand offered crucial prophetic insights that inspired and haunted the church in ways we couldn’t imagine in 1982, saying, ‘A  confession does not and cannot engage in mere trivialities. It can only be an extension of the ancient confession that Christ is Lord… I’m convinced that the Confession of Belhar will outlive apartheid and the heresy that formed it.’”

Recalling the struggles of black South Africans to remain faithful and pursue unity in light of terrible oppression, mass detention and cruel policies, Bosack said: “The church became directly involved in the efforts of freedom and justice in South Africa. The Jesus we worship and confess as Lord in the sanctuary is the Jesus we take into the street. Our people were slaughtered. Everyone was touched in one way or another.”

“By 1986 we saw no sense in, and had no desire for, unity with the white church, or with white people in general,” he said of the general despair that afflicted the DRMC. “But we had Belhar, [which] . . . understood [John] Calvin as he spoke of Holy Communion. ‘Christ has only one body of which he makes us all partakers.’”

Calling the unity of the church both a gift and command, Boesak said it was difficult in those years to find points of unity or reconciliation with those who were actively opposing the rights of black South Africans. The Belhar Confession, however, understood from Isaiah that God is not only a God of justice, but that God is a God of indivisible justice,” he said. “So against our self-absorbed instinct for self-absorbed victimhood, the black church confessed God as a God who wants to bring forth peace and justice in the world, and that God calls the church to follow in this, that the church must stand next to people in any form of need or injustice.”

This teaching of Belfar also challenged the DRMC when it faced the issue of the rights of LGBTQI and eventually affirmed those rights. Boesak said his denomination had “to face the consequences, not only with the white Dutch Reformed Church, but within itself.”

“In following Christ, the church must fight against those who use their privilege to oppress and put down any people,” he said. In asking the PC(USA) to “witness against any form of injustice,” Boesak turned his attention to Palestine, asking the denomination to support the boycott, divestment and sanctions movement – similar to those used to end apartheid – to place economic pressure on Israel to end the occupation and expansion of territories. “Kairos Palestine is a cry from the heart of suffering,” he said. “Unless it rolls down for Palestinians, it will not roll down for others. Indivisible. Do justice, love mercy and walk humbly with our God.”

In conclusion, Boesak said of Belhar and its broader implications: “It is a confession that stirs us, humbles us, and inspires us … It’s a unifying document.”

The PC(USA)’s Book of Confessions

The Book of Confessions is a collection of confessions and creeds that declare to the church’s “members and to the world who and what [the church] is, what it believes and what it resolves to do.” Prior to the addition of the Belhar Confession, the Book contained 11 confessions and creeds starting with the Nicene Creed of 325 and ending with A Brief Statement of Faith– Presbyterian Church (U.S.A.) of 1983.[3]

According to the church’s Book of Order, These creeds and confessions are “subordinate standards . . . subject to the authority of Jesus Christ, the Word of God, as the Scriptures bear witness to him” that “identify the church as a community of people known by its convictions as well as by its actions,” that “guide the church in its study and interpretation of the Scriptures,” that “summarize the essence of Christian tradition,” that “direct the church in maintaining sound doctrines” and that “equip the church for its work of proclamation.” They also give “witness to the faith of the church catholic” while identifying “with the affirmations of the Protestant Reformation:” “grace alone, faith alone, Scripture alone.”[4]

Westminster’s Recent Use of the Belhar Confession

One of Belhar Confession’s central themes was adapted for use by Minneapolis’ Westminster Presbyterian Church as its July 17, 2016, Call to Worship (in call and response mode):[5]

  • One: This we believe.
  • All: God longs to bring justice and peace among all people.
  • One: This we believe.
  • All: God teaches the church to do what is good and to seek the right.
  • One: This we believe.
  • All: God sees a day when all people – black, white, red, yellow, and brown – will live together in harmony.
  • One: This we believe.
  • All: God calls the church to follow Jesus, to lift up the poor, to heal those who hurt, to feed those who hunger, and to comfort those who grieve.”

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[1] PCUSA, Confession of Belhar (English translation); PCUSA, The Belhar Confession (paper about the history of the Confession); PCUSA, 30 Days with the Belhar Confession: Reflections on Unity, Reconciliation and Justice (this book weaves together Scripture passages and the Confession’s timely themes of unity, reconciliation and justice; it is written by a diverse collection of scholars, theologians and church leaders and is a great resource for individuals, study groups or entire congregations wanting to familiarize themselves with the Confession through prayer and reflection; the Confession itself is included).

[2] PCUSA, Allan Boesak commends Belhar Confession (June 23, 2016); PCUSA, Belhar added to PC(USA)’s Book of Confessions (June 23, 2016); Duffield, Adopting Belhar, the 222nd General Assembly Makes History, Presbyterian Outlook (June 23, 2016). The Confession previously had been adopted by Namibia’s Evangelical Reformed Church in Africa, Belgium’s United Protestant Church, the Reformed Church in America and the Christian Reformed Church of North America. The Dutch Reformed Church in South Africa, however, has not adopted the Confession in a manner acceptable to the Uniting Reformed Church in Southern Africa and, therefore, has not merged into the latter.

[3] PCUSA, Book of Confessions.

[4] PCUSA, Book of Order, Ch. II (1983-85 edition).

[5] Westminster, Worship Bulletin (July 17, 2016).

 

 

Exploring Sub-Saharan African History

 I am currently taking a brief course, “Sub-Saharan African History to Colonialism,” to learn about such history “from many angles: anthropological, historical, geographic, cultural, and religious. From human origins through the populating of the continent, the great civilizations, the slave trades, to the beginning of European domination.” Offered by the University of Minnesota’s Osher Lifelong Learning Institute (OLLI), the course’s instructor is Tom O’Toole, Emeritus Professor of Sociology and Anthropology of Minnesota’s St. Cloud State University.

Why does this Euro-American septuagenarian take this course? Foremost, I know virtually nothing about this history and want to know more. I also realize that I have various direct and indirect connections with Africa.

The most immediate precipitating cause is reading the discussion of the names of African and African-American intellectuals and historical figures that were discovered at Howard University by African-American author Ta-Nehisi Coates and recounted in his book “Between the World and Me” and my realizing that I did not know virtually any of these people. This book also has prompted me to research and investigate my own notions of race, including my recent posts about statements from the American Anthropological Association about race’s non-scientific basis and historical and cultural background. Further posts about notions of race are forthcoming.

I learned more about one of these figures of African history this spring when my 10th-grade grandson wrote a History Day paper on Mansa Musa, who was a 14th century Emperor or King of Mali. Moreover, one of my sons knows more about this history from his having studied African history and Swahili at the University of Minnesota and from spending a semester in Kenya with a program of the National Outdoor Leadership School and then a week on his own living with a Maasai tribesman in that country.

Coates also legitimately castigates the U.S. history of slavery and its lasting impacts on our country. This has underscored my interest in the importation of slaves from Africa to the Western Hemisphere. This was part of Lawrence Hill’s fascinating novel “The Book of Negroes” (“Someone Knows My Name”), about which I have written. Moreover, I have visited Matanzas, Cuba and Salvador, Brazil, which were major ports of importation of African slaves to work on sugar plantations in those countries.

I have a number of friends from West Africa (Cameroon, Nigeria and Ghana) and visited Cameroon on a mission trip from Minneapolis’ Westminster Presbyterian Church. There I learned about the country’s having been a German colony (Kamerun) in the 19th century and then having French and British administration under League of Nations mandates after Germany was stripped of its African colonies by the 1919 Treaty of Versailles ending World War I. Forty-plus years later Cameroon became an independent country with the joinder of the Francophone and Anglophone territories. Yet life today in the country is still affected by the language and cultural differences from the French and British governance and less so by the previous 30-plus years of German rule.

I also have visited Namibia, Botswana and South Africa focused primarily on observing their magnificent wildlife and nature, but also the prison on Robben Island, where Nelson Mandela and other African National Congress leaders were imprisoned during the years of apartheid. In addition, I had the opportunity to see and hear Mandela speak at a 2003 celebration of the centennial of the Rhodes Scholarships held at Westminster Hall in London and to see him escorted through the Hall’s audience, only 10 feet from me and my wife, by Bill Clinton and Tony Blair.

The visit to South Africa also included stopping at Cecil Rhodes’ Cottage and Museum at Mulzenberg overlooking False Bay and the Indian Ocean at the southwest corner of the country. (My interest in Cecil Rhodes, the Founder of the Scholarships, and his 19th century involvement in South Africa and Rhodesia (now known as Zimbabwe) stems from being a Rhodes Scholar who was “up” at Oxford, 1961-1963, and from my gratitude for being a beneficiary of his largess.)

While co-teaching international human rights law at the University of Minnesota Law School, I learned about the International Criminal Court, whose initial cases all came from Africa, thereby prompting some resistance from African leaders who thought this was anti-African discrimination. (I have written many blog posts about the ICC.) Previously I had been a pro bono lawyer for two Somali men’s successful applications for asylum in the U.S.

Other indirect connections are provided by three Grinnell College classmates. One became a professor of African history. Another served in Africa with the Peace Corps in Ethiopia, where he met his English wife serving in a similar British program and where they both frequently return to participate in a project of preparing and distributing audio textbooks for blind students. The third classmate, also in the Peace Corps, served in Mali, where he was involved in smallpox eradication. In addition, one of my Grinnell roommates from Chicago now lives in South Africa.

All of these direct and indirect connections with Africa provided additional motivation to learn more about its history. In a subsequent post I will attempt to summarize the key points of this brief exploration of African history.

 

 

 

 

 

 

 

 

 

 

 

 

 

United States-Cuba Bilateral Commission Meets To Review Normalization Status                                                                                                

On May 16, in Havana the U.S.-Cuba Bilateral Commission held its third meeting to review the status of the countries’ efforts to normalize relations. The U.S. delegation was headed by Ambassador Kristie Kenney, currently serving as Counselor of the Department of State, who was assisted by John S. Creamer, Deputy Assistant Secretary of State, Bureau of Western Hemisphere Affairs, U.S. Department of State; and by U.S. Ambassador Jeffrey DeLaurentis, Chargé d’Affaires, U.S. Embassy, Havana, Cuba. The Cuban delegation’s head was Josefina Vidal Ferreiro, the Director General of the Cuban Ministry of Foreign Affairs’ Department of the United States.[1]

Before the meeting the U.S. State Department said it “will provide an opportunity to review progress on a number of shared priorities since the last Bilateral Commission meeting in November 2015, including progress made during the President’s historic trip to Cuba in March. The United States and Cuba expect to plan continued engagements on environmental protection, agriculture, law enforcement, health, migration, civil aviation, direct mail, maritime and port security, educational and cultural exchanges, telecommunications, trafficking in persons, regulatory issues, human rights, and claims for the remainder of 2016.”

Director General Vidal’s Press Conference

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At a press conference after the meeting, Director General Vidal said the meeting had been “productive” and conducted in a “professional climate of mutual respect.” (A photograph of Vidal at the press conference is on the left.) The parties agreed to hold the fourth meeting of the Bilateral Commission in September 2016 in Washington, D.C.

Vidal also said she had told the U.S. delegation that Cuba reiterates its “appreciation for the positive results from President Obama’s visit to Cuba” that had been mentioned by President Raúl Castro during Obama’s visit. Indeed, she said, Cuba believes this visit is “a further step in the process towards improving relations” between the two countries and “can serve as an impetus to further advance this process.”[2]

Vidal acknowledged that there has been an increase in official visits as well as technical meetings on topics of common interest resulting in nine bilateral agreements to expand beneficial cooperation.[3]

According to Vidal, both delegations agreed on steps that will improve relations, including conducting high-level visits and technical exchanges on environmental, hydrography, and implementation and enforcement of the law, including fighting trafficking in drugs and people, and immigration fraud. The two countries also are getting ready to conclude new agreements to cooperate in areas such as health, agriculture, meteorology, seismology, terrestrial protected areas, response to oil-spill pollution, fighting drug trafficking and search and rescue, among others. They also are ready to start a dialogue on intellectual property and continue those relating to climate change and regulations in force in the two countries in the economic and trade area.

However, Vidal said, progress has not been as fast in the economic area because “the blockade [embargo] remains in force” despite the positive measures taken by President Obama to loosen U.S. restrictions. There still are significant U.S. restrictions on U.S. exports to Cuba and imports from Cuba. In addition, U.S. investments in Cuba are not allowed except in telecommunications, and there are no normal banking relations between the two countries. Therefore, Cuba stressed again the priority of the “lifting the economic, commercial and financial blockade [embargo].”

More specifically Vidal said Cuba had told the U.S. representative that in the last six months two American companies and one French company had been fined by the U.S. for maintaining links with Cuba while Cuba has had problems with 13 international banks’ closing accounts, denying money transfers or suspending all operations with Cuba. In addition, six service providers have ceased providing services to Cuban embassies and consulates in third countries (Turkey, Austria, Namibia and Canada).

In addition, the Cuban delegation, said Vidal, had reaffirmed the need for the U.S. to return to Cuba the territory [allegedly] illegally occupied by the U.S. naval base in Guantanamo. It “is the only case of a military base in the world that is based in a territory leased in perpetuity, which is an anomaly from the point of view of international law.[4] There is no similar example in the world and is the only instance of a military base in a foreign country against the will of the government and people of that country.

Vidal also mentioned the following U.S. policies and actions that needed to be changed:

  • the U.S. preferential migration policies for Cuban citizens, expressed in the existence of the policy of dry feet/wet feet;
  • the U.S. Cuban Adjustment Act regarding those immigration policies;
  • the U.S. program of parole for Cuban health professionals;
  • the special U.S. radio and television broadcasts designed especially for Cuba (Radio and TV Marti); and
  • U.S. programs designed to bring about changes in the economic, political and social system of Cuba.[5]

These U.S. policies, according to Vidal, underscored “a huge contradiction” for the U.S. On the one hand, President Obama said in his speech in Cuba that the U.S. has neither the intention nor the ability to bring about change in Cuba and that in any case it was up to the people of Cuba to make their own decisions. On the other hand, the U.S. has programs with huge budgets ($20 million dollars every year) aimed at bringing about such change. If indeed there is neither the intention nor the ability to bring about change in Cuba, then there is no reason to have such programs.

Normalization, said Vidal, also needs to have protection of rights to trademarks and patents because there are Cuban companies owning well-known marks, which for reasons of the blockade and other reasons have been taken away from the Cubans.

Before the meeting, another Cuban Foreign Ministry official said that the parties previously had discussed, but not negotiated, with respect to Cuba’s claim for damages with respect to the U.S. embargo and the U.S. claims for compensation for property expropriated by the Cuban government. At the meeting itself, according to a Cuban statement, the Cubans had delivered a list of its most recent alleged damages from the blockade (embargo).

U.S. Embassy Statement

The U.S. Embassy in Havana after this Bilateral Commission meeting issued a shorter, but similar, statement about the “respectful and productive” discussions. “Both governments recognized significant steps made toward greater cooperation in environmental protection, civil aviation, direct mail, maritime and port security, health, agriculture, educational and cultural exchanges, and regulatory issues. The parties also discussed dialogues on human rights and claims, and the [U.S.] looks forward to holding these meetings in the near future.”

Conclusion

Since the actual meeting was conducted in secret, it is difficult to assess what was actually accomplished except through officials’ subsequent public comments.

On May 17, the two countries conducted their second Law Enforcement Dialogue, which will be discussed in a subsequent post.

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[1] U.S. Department of State, United States and Cuba to Hold Third Bilateral Commission Meeting in Havana, Cuba (May 12, 2016); Gomez, MINREX: relations between Cuba and the United States would advance more nonblocking, Granma (May 12, 2016); Reuters, Cuba and U.S. Officials to Meet Next Week to Deepen Detente, N.Y. Times (May 12, 2016); Francisco & Elizalde, Cuba-US Bilateral commission: a productive meeting, Josefina Vidal  (+ Photos and Video), CubaDebate (May 16, 2016); Assoc. Press, Top Cuba Diplomat: Obama Trip Positive, Created Momentum, N.Y. Times (May 16, 2016); Reuters, Cuba and United States Draw Up Roadmap for Talks to Deepen Détente, N.Y. Times (May 16, 2016); Gomez, Cuba and the United States defines ambitious agenda for the coming months, Granma (May 16, 2016); U.S. Embassy, Havana, Cuba, Third Bilateral Commission Meeting in Havana (May 16, 2016); Press release issued by the Cuban delegation to the Third Meeting of the Cuba-U.S. Bilateral Commission, Granma (May 17, 2016); Cuba and U.S. set ambitious agenda for coming months, CubaDebate (May 17, 2016).

[2] Vidal’s positive comment about Obama’s visit is in sharp contrast to the negative comments about the visit from Vidal’s superior, Foreign Minister Bruno Rodriguez at the recent Congress of the Communist Party of Cuba. (See Conclusion of Seventh Congress of Communist Party of Cuba, dwkcommentaries.com (April 20, 2016).)

[3] Beforehand an official of Cuba’s Foreign Ministry said that since the December 2014 announcement of détente the parties had signed nine agreements covering the environment, email, navigation safety, agriculture and travel. In addition, the Telecommunications Company of Cuba (ETECSA) had signed agreements with three U.S. companies for cellular roaming in Cuba; a U.S. company (Starwood) had an agreement to manage several Cuban hotels; and the Carnival cruise lines had made a maiden voyage to the island.

[4] The U.S., however, contends that the lease is not in perpetuity, but for so long as the U.S. uses it as a “naval station.” This is one of the potential issues to be resolved in an international arbitration as suggested in a previous post. (Does Cuba Have a Right To Terminate the U.S. Lease of Guantanamo Bay? dwkcommentaries.com (April 26, 2015).)

[5] Prior posts have concurred in the Cuban requests for ending all of these U.S. programs and policies. See Topical List of Posts—Cuba.

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

On November 17th 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”.

My First Ten Years of Retirement

It is hard to believe that the 10th anniversary of my retirement from the practice of law is nearly here. I have no regrets. I made the correct decision. Here is my own grading of how I have met my retirement goals that I set 10 years ago.[1]

Being a good Grandfather. I now have four grandchildren, two in Minnesota and two in Ecuador. My wife and I obviously spend more time with the Minnesota kids, and our Ecuadorian grandson spent last Fall in Minnesota going to school with his cousins. We also frequently have traveled to Ecuador to see our family there although we have decided not to spend significant amounts of time there. I recently took my 10-year old Minnesota grandson to visit two federal judges and some friends at my former law firm and to observe parts of a trial and a court hearing.[2] I leave it to the grandkids to judge me on this goal, but I think I have done a pretty good job. I know I enjoy being a grandfather.

Being a good Father and Husband. I also have been making an effort to be a good father and husband. I am still working at it.

Learning Spanish. I have not taken the time to improve my very limited Spanish ability. I still wish that I were fluent in that language, but do not see myself taking the time to do this. Sorry.

Law Teaching. I had a goal of teaching law in Ecuador. I was interviewed by a university in Quito about teaching law in the English language, but I was not offered a position. My son who lives there went to the interview with me in case I needed an interpreter, and afterwards he said he thought that my positive comments about liberation theology may not have been appreciated by the university officials. In retrospect, I am not unhappy with this result. I would have had to work very hard to organize and teach one or more courses in this foreign country.

Moreover, this development opened the door for my having the opportunity to co-teach one course (international human rights law) at the University of Minnesota Law School for nine years (2002-10). This built on my experience as a federal court litigator and as a pro bono asylum lawyer. It also allowed me to work with, and become friends of, other professors at the Law School and many U.S. and foreign students. One of the foreign students was a Hubert Humphrey Fellow from Brazil who was a Professor of Law and Criminology at the Catholic university in Rio de Janeiro, and at her subsequent invitation, I presented a paper on the Truth Commission for El Salvador at a conference in Rio in 2009. In addition, through my work at the University of Minnesota I developed a strong interest in, and some expertise about, the International Criminal Court, and I have made many presentations about the ICC and have served as the Provisional Organizer for the Minnesota Alliance for the ICC.[3]

I recently decided that I would retire from this teaching job even though I have thoroughly enjoyed it. I wanted to have more time for writing as discussed below.

Human rights legal work. Without the support of a law firm, including its professional liability insurance, I decided I was not able to do pro bono legal work in retirement. But as mentioned above, I have been able to teach human rights and learn more about the subject myself. I also have developed an interest in the ICC and found a way to make use of that interest.

News “distributor.” Although not one of my goals from 2001, I have developed a practice in retirement of regularly reading many news sources online (New York Times, Washington Post, Huffington Post (Politics page), Wall Street Journal, Guardian (from the U.K.) and Granma (English translation of Cuba’s major national newspaper) and occasionally others (New York Review of Books, Atlantic and Harpers). After doing this for a while, I started sending by email interesting articles on human rights, the ICC, immigration, Cuba and Africa to friends who were interested in these subjects.

Arbitrator. Another retirement activity I had not anticipated in 2001 was being an arbitrator. But I have done so for disputes between investors and financial firms through the Financial Institutions Regulatory Authority (FINRA; f/k/a National Association of Securities Dealers), usually as chair of a panel of three arbitrators, and I have enjoyed this challenge. I try to act like the arbitrators and judges I respected in my practice: fair, impartial, respectful of the law, organized, decisive and clear (unlike some of the judges on the TV show “The Good Wife”).

Recently, however, I decided that I no longer wanted to spend my time working on other people’s problems and will not take any more cases. Sounds like my 2001 decision to retire from practicing law.

Obituary writer. Yet another surprising development over the last half-year has been being an obituary writer. As a member of my Grinnell College class’ 50th reunion committee, I have been responsible for writing or commissioning obituaries for our 53 deceased classmates. This used my factual research and writing skills from lawyering. I also came to see this activity in some cases as one of pastoral care for the families of the departed.

International travel. In addition to many trips to Ecuador and my trip to Brazil, my wife and I have been on many other fascinating international trips in the last 10 years. They include an Elder Hostel trip about Mozart to the Czech Republic and Austria, Turkey, Spain, England and Scotland, South Africa, Namibia, Botswana, Canada, Mexico, El Salvador and Peru plus my church mission trips to Cuba and Cameroon. These were great, educational experiences.  I was really glad that I was in good health to be able to take these trips. I also have been able to chair a committee that supervises the global partnerships of Westminster Presbyterian Church.

Historical research and writing. I wanted to conclude my research about Joseph Welch and Edward Burling and write articles about them. I have done so, as was mentioned in a prior post.[4] I will share some of the key points of that research in future posts. On the other hand, I have not yet been able to do additional research on two of my ancestors, but it is still a goal.

Personal journal and memoirs. I have not been able to make much progress on the goal of writing a personal journal and memoirs. I was hung up on the issue of how do I organize or structure such a writing project. Recently, however, I started this blog and have found it a great way to do the writing that I wanted to do. I do not have to worry about how I might organize all of these thoughts. It is really exciting to be able to write this blog.

Physical exercise. I have been more diligent in my personal exercise program although I should be doing more.

Financial planning and management. With the assistance of an able investment professional, I have developed appropriate methods for financial planning and management for retirement. Like nearly everyone else, we suffered financially in the recent deep recession, but we have made progress since then. I know that I am fortunate when I read articles about the many people who have not saved enough for retirement or who lost their pensions or retirement savings in the recent deep recession or through collapse of their former employers or financial fraud or who struggle to survive with investments in bank CD’s or federal securities that now pay virtually nothing in interest.

In short, I am happy with my efforts to meet my retirement goals over the last 10 years. Now I need to continue my pursuit of these now modified goals during the next phase of my life.


[1] Post: Retiring from Lawyering (4/22/11).

[2] This trip to the federal courthouse and my former law firm was inspired, in part, by recent comments of Mary Robinson, the former U.N. High Commissioner for Human Rights. Post: Tip for Grandparents (4/11/11).

[3] The Minnesota Alliance is part of the American NGO Coalition for the International Criminal Court or AMICC, http://www.amicc.org.

[4] Post: Adventures of a History Detective (4/5/11).