U.S. Reactions to Trump Reversals of Some U.S.-Cuba Normalization Policies                                                                   

On June 16, as noted in a prior post, President Donald Trump announced a reversal of some aspects of the Cuba normalization policies that had been instituted by his predecessor, President Barack Obama.

Now we look at U.S. reactions to this change of policy. Subsequent posts will examine Cuban reactions and conclude with this blogger’s opinions on the subject.

 Overall Assessment of Changes[1]

As many sources have pointed out, the announced changes do not affect most of the important elements of Obama’s normalization policies. The U.S. will continue to maintain diplomatic relations with Cuba and operate the U.S. Embassy in Havana (while Cuba continues to operate its Embassy in Washington). U.S. airlines and cruise ships will continue service to the island. Cuban-Americans can still send money (remittances) to relatives and travel to the island without restriction. U.S. farmers can continue selling their crops to the Cuban government (with restrictions against credit for sales). There was no change to next year’s budget for the State Department that eliminated the undercover or covert “democracy promotion” programs in Cuba by the U.S. Agency for International Development (USAID). The U.S. will continue to reject the so-called “wet foot, dry foot” policy, which once let most Cuban migrants stay if they made it to U.S. soil “with dry feet,” but was terminated late last year by President Obama; Trump’s speech endorsed this termination as designed to protect Cubans who were exposed to dangerous journeys by land to the U.S. Various bilateral arrangements facilitating cooperation on multiple issues were not mentioned and, therefore, are not directly affected by this announcement. Nor did the announcement say that the U.S. would reinstate its designation of Cuba as a “state sponsor of terrorism.”

The prohibition of U.S. businesses having interactions with Cuban businesses owned or controlled by the Cuban government or military presents more of a problem because such entities are involved in all sectors of the economy. According to Cuban economists, the government conglomerate (GAESA) boasts dozens of companies that control anywhere from 40 percent to 60 percent of the Caribbean island’s foreign exchange earnings.

U.S. Businesses Reactions[2]

Many U.S. businesses opposed the changes. The U.S. Chamber of Commerce and National Association of Manufacturers, typically supportive of GOP presidents, predicted the changes would limit prospects for “positive change on the island.” Others with similar views include ENGAGECuba, the U.S. Agricultural Coalition for Cuba, National Farmers Union and the National Foreign Trade Council.

These business opponents were supported by non-business groups, including the Center for Democracy in the Americas, the Latin America Working Group, the Washington Office of Latin America, Church World Service and the Presbyterian Church (U.S.A.).

The changes will have negative impacts on U.S. jobs and income. The increase in U.S. trips to Cuba has helped the U.S. hospitality industry with Delta Airlines, American Airlines, JetBlue and others flying to at least six Cuban cities daily and Carnival cruise lines taking American citizens to port in Havana. All told, the group Engage Cuba estimates that restricting the rights of United States citizens to travel and invest in Cuba would cost the American economy $6.6 billion and affect 12,295 American jobs.

U.S. hotel businesses also expressed concern about the potential impact of the change on the island’s hotels.  The Gran Hotel Manzana, for example is managed by a Swiss company (Kempinski Hotels) but owned by Gaviota, a Cuban military-run company. An U.S. company, Marriott International, through its subsidiary Starwood runs the Four Points by Sheraton hotel in the Havana suburb of Miramar. Would they be off-limits for American travelers or would they fall under a vaguely promised grandfather clause for existing deals? Or would the change force American travelers to Cuban hotels run by civilian tour organizations, including Gran Caribe and Cubanacan? There is even speculation that the change economically benefited Mr. Trump by neutralizing rival hotel companies’ ability to gain an early advantage over the Trump hotels, which previously had expressed interest in developing hotels on the island.

Congressional Reactions[3]

Many members of Congress, Republican and Democrat, have expressed opposition to the changes.

Representative Tom Emmer (Rep., MN), who’s been one of Trump’s most enthusiastic backers on Capitol Hill while also being the author of a bill to end the embargo (H.R.442—Cuba Trade Act of 2017), said Trump’s new Cuba policy “will hurt the United States economically, making it harder for our nation’s farmers to access new markets and cutting the knees out from under our travel and manufacturing industries.” Emmer also said the new policy will not keep the American homeland safe and could threaten new bilateral agreements with Havana to combat human trafficking, illicit drugs and cyber crimes.

Representative Rick Crawford, (Rep., AR), the author of a bill to promote U.S. agricultural exports to Cuba (H.R.525—Cuba Agricultural Exports Act), said Trump’s shift is more than just a missed opportunity for rural America, which would benefit from greater access to Cuba’s agricultural import market. He said Trump’s policy may put U.S. national security at risk as strategic competitors move to fill the vacuum the uncoupling could create. “Further U.S. disengagement opens up opportunities for countries like Iran, Russia, North Korea and China to gain influence on an island 90 miles off our coast,” Crawford said.

Senator Jeff Flake, (Rep., AZ), a frequent critic of Trump and the author with 54 cosponsors of a bill to facilitate Americans travel to Cuba (S.127 Freedom for Americans to Travel to Cuba Act), stated that any policy change “that diminishes the ability of Americans to travel freely to Cuba is not in the best interests of the United States or the Cuban people.” Therefore, Flake called for the Senate’s GOP leadership to allow a vote on this bill. Flake also warned that returning to a “get tough” policy hurts everyday Cubans whose livelihoods are increasingly rooted in travel and tourism.

Senator Jerry Moran (Rep., KS), the author of a bill to end the embargo (S.472—Cuba Trade Act of 2017), said that “putting America first means exporting what we produce to countries across the globe.” He said he remains focused on finding ways to “increase trade with Cuba rather than cut off relationships that have the potential to create new jobs, bring in revenue and boost our national economy.”

Senator John Boozman (Rep., AR) said Trump’s policy moves the U.S. backward.” It would be more effective to continue an open line of communication and working relationship with a government in need of democratic assistance, instead of shutting them out,” Boozman said under the latter approach, “we not only trade goods, but ideas.”

Senator Amy Klobuchar (Dem., MN), the author of a bill to end the embargo (S.1286– Freedom to Export to Cuba Act of 2017), said the new policy was “a setback in U.S. – Cuba relations at a time when 73 percent of Americans want more engagement with Cuba, not less. These changes will disadvantage our businesses and undermine American tourism, which will also hurt the Cuban people. Earlier today I joined Minnesota officials and business leaders who are traveling to Cuba next week to send the message that America wants to continue doing business in Cuba. We need to build on the bipartisan momentum we have created by restoring relations with Cuba, not make it harder for Americans to travel and do business there.”

The five-day Minnesota trip referenced by Senator Klobuchar is being led by its Lieutenant Governor, Tina Smith, accompanied by various state government officials and leaders of agricultural groups. Their objectives are to build relationships with Cuba and promote Minnesota agricultural exports to the island.

In Cuba Lt. Gov. Smith said, “There is no denying the actions Trump took . . . [on June 16] are a real setback. But the important thing to me is that there is bipartisan support at the federal level for normalizing and modernizing our relationship.” In the meantime, she said she was glad to carry the message that there was still plenty of support for continuing to normalize relations. Minnesota’s government and businesses will continue to engage with Cuba in the areas they can, like agricultural trade. Cuba invited the Minnesota delegation to a trade show later in the year while Minnesota invited Cuban officials to visit.

Other Americans’ Reactions[4]

Many other Americans have expressed their opposition to the changes.

One is Rena Kraut, a substitute member of the Minnesota Orchestra, which visited Cuba in 2015.[5] She talked about the importance of encouraging Americans to visit Cuba and the “ability [of artists] to move the conversation to places corporations and politicians cannot or will not go, and to smooth the way for political change years before the document signings and handshakes.” Inspired by the Orchestra’s trip, she has founded Cayo, a non-profit that is organizing a youth orchestra for American and Cuban young people “to broaden horizons, provide youth with the highest level of artistic training, and shed light on that which can bring our neighboring countries together.”

Published letters to the Editor of the New York Times were generally critical of the change. Luis Suarez-Villa, professor emeritus at the School of Social Ecology at the University of California, Irvine, said, “American policy toward Cuba has been hijacked by a clique of Cuban-American politicians who have sold their support in Congress to President Trump.” Suarez-Villa also berated the “punishing, 55-year-old embargo perpetrated by the world’s most powerful nation — accompanied by innumerable acts of economic sabotage, espionage, attempted assassination and military aggression.” Stephen Gillespie of San Francisco, California wrote, “Mr. Trump seems to hate oppressive regimes that convert private property into public goods for the benefit of the people, but he loves oppressive regimes that convert public goods into private property for the benefit of a few rich friends.”

Miriam Pensack, an editorial assistant at The Intercept and a former researcher at Columbia University’s Center for Science and Society, wrote, “Carried out under the unlikely banner, for Trump, of human rights and democracy, the shift is instead more likely to re-impose hardships on ordinary Cubans — the very same people Trump, Rubio, and Diaz-Balart claim to champion.”

William LeoGrande, who teaches government at American University and co-authored the book Back Channel to Cuba: The Hidden History of Negotiations between Washington and Havana, observed, “When Americans go down there, a lot of them stay in private homes, they eat in private restaurants, they take private taxis, and they pay private tour guides that guide them around the city. That’s money directly into the hands of ordinary Cubans.” He added, ““It’s hard to believe that human rights are really anything more than just an excuse. This is really more a matter of political horse trading than it is a matter of foreign policy.”

A contrary view in the New York Times’ collection of letters came from Medford, New York’s Eugene Dunn, who stated, “Kudos to President Trump for demanding that Cuba finally turn over a parade of criminals who have sought sanctuary on the Communist island for decades. Finally we have a titanium-spined president who isn’t afraid to use America’s military and economic might as leverage over these tin-pot dictators who under previous administrations made us the laughingstock of the world.”

The Cuban-Americans at the president’s event in Little Havana are enthusiastic supporters of the new policy as are many other Republican voters in the U.S.

Editorialists’ Reactions[6]

 The New York Times’ editorial condemned the Trump Administration’s approach. The Times said it was “the latest chapter in a spiteful political crusade to overturn crucial elements of his predecessor’s legacy” and was likely to cause “Cuban-American relations . . . to revert to a more adversarial Cold War footing, undermining Washington’s standing in Latin America.” Moreover, Trump’s stated concern for Cuban human rights was especially galling from a “president [who] has been so disdainful of these rights . . . [and who has] embraced so lovingly authoritarians who abuse their people, like Vladimir Putin of Russia and the Saudi royal family.”

The editorial from the Los Angeles Times was similar. It stated that the new policy was “based on a disingenuous argument. The putative reason for the change is that Cuba still violates the human rights of its own people, including jailing dissidents and independent journalists. But hasn’t the Trump administration been moving the U.S. away from its focus on human rights around the world?” Instead, said the Los Angeles newspaper, “What’s really happening is that Trump has let the anti-Castro sect in Congress take the wheel on this issue, no doubt for cynical political reasons. Remember that Trump broke with his Republican rivals during the campaign and supported Obama’s rapprochement with Cuba. Then he flipped and disparaged the policy as a bad deal, and pledged to undo it unless Cuba met fresh demands on human rights, including the ‘freeing of political prisoners.’”

An editorial from the Washington Post, however, gave the change a weak endorsement. It said, it was “little more than a policy tweak” and “a little more impatience about democracy [in Cuba with the Trump policy] isn’t such a bad thing.”

Although the Wall Street Journal has not offered an editorial on this change, its columnist on Latin American issues and a critic of normalization, Mary Anastasia O’Grady, welcomed Trump’s changes to U.S. policy regarding Cuba even though it was only “an important symbolic change . . . [whose] effects are likely to be minimal.” Instead she argues that Cuba needs a “high-profile truth project” to take “ an honest look at the historical record that acknowledges the regime’s many crimes against humanity.” She refers to the Cuba Archive Truth and Memory Project that has documented 934 executions mostly in the Escambray” Mountains, circa 1959-1964, in addition to 607 executions of political prisoners, most of whom are believed to have been captured in the Escambray. This Project is the work of the Free Society Project, Inc., a Washington, D.C. non-profit organization with a board of Cuban-Americans.

Minnesota’s leading newspaper, the StarTribune, opined that Trump was “unraveling years of work to build ties with a strategically placed neighbor. Instead, he’s choosing a misguided return to strict embargos on travel and trade that failed to achieve U.S. aims for more than half a century.” The editorial endorsed the efforts to promote Cuba normalization by Minnesota’s U.S. Senator, Amy Klobuchar (Dem.) and Representative Tom Emmer (Rep.) while commenting that Cuba “holds a strategic allure” for other nations “that could threaten American security.”

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[1] Assoc. Press, AP FACT CHECK: Not Much New in Trump’s Cuba Policy, N.Y. Times (June 17, 2017); Assoc. Press, Trump Rolls Back Some, Not All, Changes in US-Cuba Relations, N.Y. Times (June 17, 2017).

[2] Burnett, Travel Industry Scrambles After New Cuba Restrictions, N.Y. Times (June 16, 2017); Reuters, Cuban Military’s Tentacles Reach Deep Into Economy, N.Y. Times (June 15, 2017); Harwell & O’Connell, With shift on Cuba, Trump could undercut his company’s hotel-industry rivals, Wash. Post (June 15, 2017); Sabatini, Trump’s Imminent Cuba Problem, N.Y. Times (June 15, 2017).

 

[3] Assoc. Press, Republicans Divided as Trump Reverses Some Obama Cuba Policy, N.Y. Times (June 17, 2017); Press Release: Emmer: President’s Misguided Cuba Directive Undercuts Human Rights & Threatens National Security (June 16, 2017); Press Release: Crawford Opposes Cuba Policy Shift (June 16, 2017); Press Release: Flake Statement on Renewed Restrictions on U.S. Travel to Cuba (June 16, 2017); Press Release: Sen. Moran Statement on Administration’s Cuba Policy (June 16, 2017); Boozman, Statement on President Trump’s Cuba Policy (June 16, 2017); Press Release: Klobuchar Statement on Changes to Cuba Policy (June 16, 2017); Golden, Lt. Gov. Tina Smith to lead Minnesota trade trip to Cuba, StarTribune (June 16, 2017); Assoc. Press, Minnesota lieutenant governor visits Cuba, StarTribune (June 20, 2017); Reuters, Minnesota Will Still Engage With Cuba Despite Trump Setback, N.Y. Times (June 22, 2017)

[4] Kraut, Trump Is Wrong to Pull Back from Cuba, N.Y. Times (June 16, 2017); Letters to Editor, Trump’s reversal of U.S. Policy on Cuba, N.Y. Times (June 19, 2017); Pensack, Trump To Reverse Obama Openings to Cuba Under the False Flag of Human Rights, The Intercept (June 16, 2017).

[5] Previous posts about the Minnesota Orchestra’s trip to Cuba are listed in the “Cuba & Minnesota” section of List of Posts to dwkcommentaries—Topical: CUBA.

[6] Editorial, A Cynical Reversal on Cuba, N.Y. Times (June 16, 2017); Editorial, Trump just reopened the Cold War with Cuba. His excuse is disingenuous, L.A. Times (June 16, 2017); Editorial, Don’t get too worked up over Trump’s Cuba shift, It’s just a policy tweak, Wash. Post (June 17, 2017); Editorial, Trump’s Cuba retreat hurts U.S. and Minnesota, StarTribune (June 19, 2017); O’Grady, Cubans Need a Truth Commission, W.S.J. (June 18, 2017).

Trump Administration Reportedly Planning Reversal of Some Aspects of U.S. Normalization of Cuba Relations   

Next Friday, June 16, in Miami, President Trump reportedly will announce certain changes in U.S. policies regarding Cuba. These changes will be the result of an overall review of such policies that has been conducted from the first days of this administration. Not surprisingly the review process has revealed conflicts between leaders of various federal departments favoring continuation of normalization, on the one hand, and political opponents of normalization from Florida, on the other hand. Supposedly the political cover for the rumored over turning at least some of the normalization is the U.S. desire to combat human rights problems on the island.[1]

While President Trump reportedly still has overall support from most Republicans in the Senate and House, on June 8, seven Republican Congressmen sent the president a letter urging continuation of normalization with Cuba. They were Representative Tom Emmer (MN), who is the Chair of the House Cuba Working Group, along with Jack Bergman (MI), James Comer (KY), Rick Crawford (AR), Darin LaHood (IL), Roger Marshall (KS), and Ted Poe (TX). The letter made the following points:

  • “Given Cuba’s proximity, it is a natural partner for strategic cooperation on issues of immediate concern. Since the thaw in U.S.-Cuba relations, the [U.S.] and Cuba have signed nine formal bilateral agreements that have improved efforts to combat human trafficking, illicit drug trade, fraud identification, and cybercrime. A rollback of Cuba policy would threaten these efforts and in turn, the safety of the American people.”
  • “More concerning, if we fail to engage politically and economically, our foreign competitors and potential adversaries will rush to fill the vacuum in our own backyard. For instance, Russia is already strengthening its ties with Cuba, supporting infrastructure investment and resuming oil shipments for the first time this century. China is also expanding its footprint in Cuba as well. China is now Cuba’s largest trading partner and heavily invested in providing telecommunications services, among other investments, on the island.”
  • “Reversing course would incentivize Cuba to once again become dependent on countries like Russia and China. Allowing this to happen could have disastrous results for the security of the [U.S.]. Alternatively, we can counter the growing threat of foreign influence in our region by engaging with our island neighbor. We can empower the Cuban people by providing high quality American goods and supporting Cuba’s growing private sector through increased American travel.”
  • “We urge you to prioritize U.S. national security and not return to a policy of isolation that will only serve to embolden adversarial foreign power in the region.”

This letter was personally delivered to the White House on June 8 by Representative Emmer and three of the other signers of the letter. Afterwards Emmer told Reuters, “My hope is that when the administration is done with their review, they don’t let one or two voices overwhelm what is in the interest of the United States.”

For advocates of normalization, like this blog, this policy review reportedly has bad news and good news regarding U.S. diplomatic relations with Cuba, U.S. business with Cuban state or military enterprises, Americans travel to Cuba and U.S. “democracy promotion” programs on the island.

U.S. Diplomatic Relations with Cuba

Good news: severing U.S. diplomatic relations with Cuba seems very unlikely.

Business with Cuban State or Military Enterprises

Bad News. Reuters says the Administration is considering “tightening restrictions on U.S. firms doing business with Cuban state or military enterprises. Such a restriction could have far-reaching consequences for existing deals, such as the one last year by Starwood Hotels and Resorts last year to manage hotels in Cuba — one of which is owned by the military conglomerate Gaviota — and effectively freeze future ones, since the military in Cuba has a hand in virtually every element of the economy.”

Such restrictions would cost U.S. manufacturing and chemical companies through January 2021 (the end of the term for the Trump presidency) an estimated $929 million, adversely affecting 1,359 jobs. In addition, imposing new restrictions on U.S. agricultural and medical exports to Cuba, for the same time period, are estimated to cost the U.S. an additional $3.6 billion and 3,087 jobs.

On the other hand, there also is internal resistance in the Administration to making it more difficult for U.S. businesses and agricultural interests to do business with Cuba. Similar resistance exists in Congress as evident with various pending bills to end the U.S. embargo of the island, in whole or in part, as discussed in an earlier post.

Americans Travel to Cuba[2]

Bad News. There are rumors that the Administration may cut back on the ability of Americans to travel to the island. Again, however, there are pending bills in Congress that would prevent this.

Presumably, however, the Trump Administration would be hesitant to adopt measures that would be harmful to U.S. travel companies. U.S. cruise operators and airlines, for example, are estimated to lose around $712 million in annual revenues under enhanced travel restrictions with resulting risks to U.S. employment in these businesses. Especially at risk are jobs in south Florida involved in the cruise business. Through January 2021 (the period for the current term of the U.S. presidency), these costs are estimated at $3.5 billion, adversely affecting 10, 154 jobs.

These adverse effects were echoed at an early June aviation industry conference by Alexandre de Juniac, the Director General of the International Air Transport Association: “Restricting the network of aviation and access to Cuba would be bad news for aviation. Generally we welcome the extension of access to any country by plane.”

In addition, making it more difficult for Americans to travel to Cuba would adversely affect the relative prosperity of the island’s emerging private enterprise sector, which acts as a counterweight to the state-owned enterprises and as a force for liberalization of various aspects of Cuban society and government. According to Engage Cuba, a U.S. coalition of businesses and others supporting normalization, Cuba’s private business sector currently accounts for 1/3 of Cuba’s workforce, has greatly expanded Cubans’ earning potential, has gained a larger share of the island’s food service industry, is providing almost 1/3 of all rooms available for rent in Cuba, and through tech entrepreneurs is helping to modernize the economy.[3]

Just recently some of the Cuban entrepreneurs have formed the Association of Businessmen to help, advice, train and represent the members of the private sector. The group applied in February for government recognition. The official deadline for a government response has passed without approval or rejection, thereby leaving the group in the peculiar status known in Cuba as “alegal” or a-legal, operating unmolested but vulnerable to a crackdown at any time.

U.S. “Democracy Promotion” Programs in Cuba

Good News. As noted in a prior post, the Administration’s proposed Fiscal 2018 State Department budget eliminates funding for the so-called covert “democracy promotion” programs in Cuba conducted by the U.S. Agency for International Development (USAID).

However, it also has been reported that the president is weighing an increase in funding for USAID programs that promote democracy in Cuba, initiatives that the Castro government has long condemned as covert efforts to overthrow it.

Cuban Human Rights[4]

A White House spokesman, Michael Short, recently observed, “As the President has said, the current Cuba policy is a bad deal. It does not do enough to support human rights in Cuba. We anticipate an announcement in the coming weeks.”

This issue also was highlighted in a recent article by U.S. Ambassador to the U.N., Nikki Haley, which severely criticized the U.N. for electing human rights violators, like Cuba, to membership on the Human Rights Council. Cuba’s government, she said, “strictly controls the media and severely restricts the Cuban people’s access to the Internet. Political prisoners by the thousands sit in Cuban jails.” Therefore, she was proposing that “membership on the Council must be determined through competitive voting to keep the worst human rights abusers from obtaining seats.”

However, at a Council meeting in Geneva on June 6, Ambassador Haley did not mention Cuba in a short statement to emphasize the U.S. “strong conviction to the protection and promotion of human rights” and the importance of the Council’s “resolutions [that] can give hope to people who are fighting for justice, democracy, and human rights, and they can pave the way for accountability.”

Later that same day in Geneva at what she described as a Council “side-event,” she spoke about “Human Rights and Democracy in Venezuela.” As the title of her remarks suggest, she focused on that country’s current abuses of human rights and democracy and complained about Venezuela’s being a [Council] member in good standing . . . [and using] that membership to block any meaningful discussion of its human rights violations. The . . . Council has no excuse. It cannot consider itself the world’s leading human rights organization and continue to ignore the violations and abuses that are occurring in Venezuela.” Although Cuba is a strong ally of Venezuela and frequently dismisses the latter’s critics, Ambassador Haley made not mention of Cuba in these remarks.

Cuba, however, returned to her remarks later the same day, June 6, at Geneva’s

Graduate Institute, where her focus was the Council’s failure “to act properly – when it fails to act at all – it undermines its own credibility and the cause of human rights. It leaves the most vulnerable to suffer and die. It fuels the cynical belief that countries cannot put aside self-interest and cooperate on behalf of human dignity. It re-enforces our growing suspicion that the Human Rights Council is not a good investment of our time, money, and national prestige.”[5]

One example of the Council’s failure, she said, was Cuba, where “the government continues to arrest and detain critics and human rights advocates. The government strictly controls the media and severely restricts the Cuban people’s access to the Internet. Political prisoners by the thousands continue to sit in Cuban jails. Yet Cuba has never been condemned by the . . . Council. It, too, is a member country.”

In addition, according to Haley, Cuba uses its membership in the Council as proof that it is a supporter of human rights, instead of a violator. The Cuban deputy foreign minister called Cuba’s 2016 re-election to the Human Rights Council, “irrefutable evidence of Cuba’s historic prestige in the promotion and protection of all human rights for Cubans.

Whatever the merits of the U.S. allegations about Cuban human rights, reversing any aspect of the current status of normalization, in this blogger’s opinion, will not cause Cuba to change its own policies and practices. Instead, any reversal may well harden Cuban resistance to change and provide opportunities for other countries, like Russia and China, to enhance their relations with Cuba. Finally such reversals are hypocritical in light of the recent U.S. embrace of Saudi Arabia with a poor human rights record.

Conclusion

A New York Times editorial summed up this controversy by criticizing the rumored return to the “hard-line sanctions-based approach [that] was in place for more than 50 years after the 1959 revolution and never produced what anti-Castro activists hoped would be the result, the ouster of Cuba’s Communist government in favor of democracy. Isolating Cuba has become increasingly indefensible.”[6]

In contrast, said the editorial, “Mr. Obama’s opening to Havana has enabled the freer flow of people, goods and information between the two countries, even as significant differences remain over human rights. It has produced bilateral agreements on health care cooperation, joint planning to mitigate oil spills, coordination on counternarcotics efforts and intelligence-sharing. In April, Google’s servers went live in Cuba and thus it became the first foreign internet company to host content in one of the most unplugged nations on earth. Mr. Obama’s approach also encouraged Latin American countries to be more receptive to the United States as a partner in regional problem-solving.”

All U.S. supporters of normalization need to express their opinions to the White House, the U.S. State Department and members of Congress.

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[1] Rumors of Upcoming Trump Administration Rollback of U.S. Normalization of Relations with Cuba, dwkcommentaries.com (May 25, 2017); Reuters, Trump Administration Nearing Completion of Cuba Policy Review: Sources, N.Y. Times (May 30, 2017); Davis, Trump Considers Rolling Back Obama’s Opening With Cuba, N.Y. Times (May 31, 2017); Mazzei, Gomez, Kumar & Ordońez, How Cuba policy, and its inevitable drama, ensnared Trump’s White House, Miami Herald (June 1, 2017); Trump Reversing Cuba Policy Would Cost $6.6 Billion, Over 12k Jobs, Engage Cuba (June 1, 2017); Reuters, Trump Expected to Unveil New Cuba Policy as Early as Next Friday: Sources, N.Y. Times (June 9, 2017); Mazzei, Trump to reveal Cuba policy in Miami Next Friday, Miami Herald (June 9, 2017); Reuters, Some Republican Lawmakers Urge Trump Not to Reverse Cuba Opening, N.Y. Times (June 9, 2017); Letter, Representative Tom Emmer and six other Republican Congressmen to President Trump (June 8, 2017);Werner, Many in GOP unshaken by Comey’s testimony against Trump, StarTribune (June 10, 2017).

[2] Reuters, U.S. Travel Sector to Suffer if Trump Reverses Cuba Detente: Report, N.Y. Times (June 1, 2017); Glusac, How a Shift in U.S. Policy could Affect Travel to Cuba, N.Y. Times (June 1, 2017); Assoc. Press, Cuban Entrepreneurs Start first Private Business Group, N.Y. Times (June 1, 2017); Reuters, U.S.-Cuba Policy Looms at Aviation Industry Conference, N.Y. Times (June 7, 2017).

[3] 5 Facts About Cuba’s Private Sector, EngageCUBA (Feb. 24, 2017).

[4] Assoc. Press, Trump Faces Tough Task Unwinding Obama Cuba Policy, N.Y. Times (June 2, 2017); Haley, The U.N. Human Rights Council whitewashes brutality, Wash. Post (June 2, 2017); Haley, Remarks at a Human Rights Council Side Event: “Human Rights and Democracy in Venezuela (June 6, 2017); Haley, Remarks at the U.N. Human Rights Council (June 6, 2017); Cumming-Bruce, U.S. Stops short of Leaving U.N. Human Rights Council, N.Y. Times (June 6, 2017).

[5] Haley, Remarks at the Graduate Institute of Geneva on “A Place for Conscience: the Future of the United States in the Human Rights Council,” (June 6, 2017).

[6] Editorial, Undoing All the Good Work on Cuba, N.Y. Times (June 5, 2017).

Additional Reactions to End of U.S. Immigration Benefits for Cubans

There have been extensive White House comments as well as others’ reactions to the January 12 end of special U.S. immigration benefits for Cubans–“dry foot/wet foot” and the Cuban Medical Professional Parole Program—that was discussed in a prior post. Now we look at additional White House comments and the extensive reactions—positive and negative—regarding this change.

White House Comments[1]

There were two additional sets of White House comments about the change. On the early evening of January 12 and hours after the announcement of the change, Department of Homeland Security (DHS) Secretary Jeh Johnson, an unidentified senior DHS official and Benjamin Rhodes, Deputy National Security Advisor, conducted a lengthy conference call with the press on the subject. At the next day’s press briefing White House Press Secretary Josh Earnest made comments on the subject. Here is a summary of new points that were made at these events.

Press Conference Call

Johnson: “Going forward, if a Cuban migrants arrives here illegally, the Cuban government has agreed to accept that person back . . . if . . . the time [between] a Cuban migrant leaves Cuba . . . and the time that we commence a deportation proceeding against the individual is less than four years.”

The “reason for the four-year period is . . . a law in Cuba (enacted in response to the [U.S.] Cuban Adjustment Act) that essentially says that if a person has left Cuba, after two years they are considered to have effectively migrated from Cuba.  In the course of our negotiations, the Cuban government agreed [to change that period from two to four years].” In addition, Cuba has agreed to accept other Cubans “on a case-by-case basis.”

“Ultimately, we seek to get to a place fully consistent with the international law under which the Cubans will agree to accept everyone back who is ordered deported by our country.”

“This is the ending of a policy that was put in place 20 years ago.  This is not the enactment of a policy that can be repealed by a subsequent administration. So I wouldn’t characterize it as creating a policy that could be repealed [by the Trump administration].”

Rhodes: “What we’ve seen in recent years is a continued uptick in Cuban migrants coming to the [U.S.].  We attribute that to a variety of factors — one, that Cuba has liberalized its own exit policies with respect to Cubans leaving the country; two, the change in our policy — the normalization of relations that began on December 17, 2014 — I think created an expectation in Cuba that this change might take place and therefore people were motivated to migrate.  Also, though, the increase in resources available to the Cuban people, particularly through our remittance policies, also made it more possible for Cubans to travel.”

“There has been a steady increase to some 40,000 Cubans granted parole in fiscal year 2015; 54,000 roughly in fiscal year 2016.  And what we had also seen is a growing number of Cubans who had begun a journey to try to reach the United States who were in a variety of Central American countries . . . creating both humanitarian challenges and strains within those countries as large numbers of Cubans were essentially stuck there and then facing a very difficult and dangerous — journey to our southern border in some cases.”

“Ultimately . . . we’d like to see people be able to increase their economic prospects within Cuba.  That is why we have taken steps to open up a greater commercial and people-to-people relationship, and have encouraged the Cuban government to pursue economic reforms.  That, ultimately, is the best way to ensure opportunity for the Cuban people going forward.”

“The Cuban Adjustment Act is the legislative architecture around these policies.  That provides preferences including adjusted status, green card status, and certain benefits to Cubans who are paroled into the country. . . . We do believe it would be the appropriate step for Congress to repeal the Cuban Adjustment Act.”

“We did not want to speculate publicly about the likelihood of this change for fear of inviting even greater migration flows.”

“On the congressional point, while we did not have regular updates on what were very sensitive negotiations, we have over the course of the last year or so, frankly, heard from members of Congress, from both parties, who were expressing increasing concern about the migration flows.  In fact, in some cases, we were being urged to do something about it.  And we’ve also heard increasing interest and even pieces of legislation being introduced that seek to amend or repeal the Cuban Adjustment Act, whether it’s the benefits provided under the Cuban Adjustment Act or the act itself.  So this is an issue that we’ve discussed with members of Congress from both parties, and around this announcement of course we’re doing many notifications to those interested members. . . . It was clear to us that Congress was taking a greater interest in this issue, given the uptick in migration flows and the strain that was placing on certain communities.”

“[E]arly in the post-revolution history, it was very clear that the overwhelming number of Cubans who came to the [U.S.] and ended up doing incredible things here in the [U.S.] absolutely had to leave for political purposes, or very much were leaving for political purposes.  I think increasingly over time, the balance has tilted towards people leaving for more traditional reasons in terms of seeking economic opportunity and, frankly, having not just the benefits of “wet foot, dry foot” and the adjusted status, but also literal benefits under the Cuban Adjustment Act.  That’s not to say that they’re not still people who have political cause to leave Cuba.  And as we do with any other country, political asylum continues to be an option for those individuals.  But we have seen the balance shift to more similar reasons in terms of people pursuing economic opportunity.”

“[U]ltimately the best future for Cuba is one that is determined by the Cuban people, both in terms of their economic livelihoods and in terms of their political future. . . . [It is] important that Cuba continue to have a young, dynamic population that are clearly serving as agents of change and becoming entrepreneurs, and being more connected to the rest of the world. . . . [We] believe that this change is in service of creating more incentive for there to be the economic reforms that need to be pursued on the island in terms of opening up more space for the private sector, allowing foreign firms to hire Cubans, so that they can be responsive to the economic aspirations of their people. So in the long run, the best way for Cubans to have this opportunity is for them to be able to pursue it at home through an economy that has continued to pursue market-based reforms.”

We “believe very strongly, in this administration, of course, that our Cuba opening is the best way to incentivize that economic reform; that as more Americans travel, as more Americans do business, as there are greater commercial ties, that ultimately is going to create more opportunity for people in Cuba, as well as creating opportunities for Americans.  And so that’s very much the approach we’d like to see continued going forward, and ultimately the one that has the best opportunity to deliver results to the Cuban people.”

The “Cubans will be treated like everybody else.  People from anywhere can issue a claim of asylum; that does happen frequently. There’s not going to be a separate queue for Cubans.  So just like any other migrant who reaches our border, they have certain claims that they can pursue, but they’ll be treated as other individuals from other countries are.”

Press Briefing

At the January 13 press briefing, White House Press Secretary Josh Earnest made the following extensive comments about the change:

“This policy change was codified in an executive agreement between the U.S. government and the government in Cuba.  As even some of the incoming administration’s nominees have noted, there’s a tradition of subsequent Presidents observing and adhering to the executive agreements that were put in place by the previous President unless, of course, a specific decision is made to change the policy.”

“President-elect Trump . . . on January 20th . . . [will] be able to exercise all of the executive authority that are invested in the presidency at his discretion.  We believe that there is a strong case to be made about normalizing relations between our two countries, and this is just the latest step in that process to ensure that we are treating Cuban migrants the same way that we treat migrants from other countries.”

The “response to this announcement . . . is indicative of how public opinion is changing on these issues, including in the Cuban-American community.” There is “a growing majority of Americans who agree about the direction that the President [Obaama] has moved the relationship between the [U.S.] and Cuba.”

“[T]he migrants from Cuba will be treated in the same way that migrants from other countries are, which is to say legitimate claims for refugee status or for asylum will be subject to due process, which means that their claims will be evaluated.  And if they have legitimate claims for asylum, then that will be granted. But that will be adjudicated through the regular process . . . that migrants from other countries go through as well.”

“There was . . . a successful effort to brief the incoming administration shortly before this policy change was made public.”

It “takes time to negotiate these kinds of executive agreements, particularly with a country like Cuba that does not have a long history of negotiating these kinds of agreements with the United States.  For more than 50 years, the United States pursued a policy of diplomatic isolation with Cuba.  And so it’s only over the course of the last year or so that we’ve had the kind of diplomatic opening that will allow us to have these kinds of conversations.  So, negotiating these kinds of executive agreements takes time, but as soon as this agreement was completed, we announced it right away.”

Mr. Trump “certainly seems to be motivated by financial interests in some pretty important ways; he has over his professional career.  So I think he’ll find . . . [the economic argument for normalization] persuasive, particularly when you consider that there were reports that his company was negotiating with Cuba for exactly those kinds of agreements.  So he obviously recognizes the economic opportunity that’s there.  There’s more than a hundred flights every day between the [U.S.] and Cuba.  That’s cancelling a lot of flights if he wants to roll back this policy.  And I can’t imagine that the U.S. airline industry is going to be particularly pleased by that kind of development.”

“There are thousands of Americans that have an opportunity to travel to Cuba, and they’ve had an opportunity to enjoy their time there, learn a little bit more about the country, enhance ties between our two countries, and they’ve been able to return to the United States with all of the cigars and rum that they could pack into their suitcase if they choose to.  I don’t think those Americans are going to be particularly pleased to see that policy rolled back.”

For “more than 50 years, there was a policy of diplomatic isolation in place that had no material impact in improving the human rights situation in Cuba.  If anything, it got worse.  This policy has been in place for about a year.  And is there more that we would like to see the Cuban government do with regard to protecting human rights?  We absolutely would.  But our view is that the ability of the United States to advocate for those kinds of improvements is enhanced when we deepen the ties between our two countries.  When there are more Americans that are traveling to Cuba, when there is more communication going back and forth between Cuba and the United States, when there are more Cuban Americans that have an opportunity to visit family and send money to family in Cuba, all that is going to promote freedom.  That’s going to promote our values.”

“There has not been nearly as much an improvement in human rights in Cuba as we would like to see.  But the [normalization] policy has been in place for a little over [two years].”

We also have removed “an impediment to our relationship with countries throughout Latin America that have important relationships with Cuba.  For most of the last 50 years, those countries in Latin America didn’t apply that much pressure to Cuba about their human rights situation, and [instead] were focused on the [U.S.] and our failed policy of trying to isolate them.  Now that that impediment has been removed, it’s not just the [U.S.] that’s encouraging the Cuban government to improve their human rights situation, but you’ve got countries throughout the Western Hemisphere that are making the same argument.  So all we have done is to increase pressure on the Cuban government to improve the human rights situation there, and, at the same time, the American people have enjoyed a number of material benefits, including monetary benefits, that I do think will be persuasive to the incoming President as he determines what policy he believes is best with regard to the [U.S.] and Cuba.”

Positive Reactions[2]

 A New York Times editorial applauded the ending of this policy, which was “misguided for several reasons. It encouraged Cubans to embark on perilous, and often deadly, journeys on rafts across the Florida straits and across borders in South and Central America. It exacerbated Cuba’s brain drain, particularly after 2006 when Washington created a pathway for medical professionals abroad to defect by applying for visas at American embassies. And it unjustifiably gave Cubans preferential treatment while Haitians and Central Americans who were fleeing far more desperate circumstances were deported.”

This policy, says the Times, “has served as an escape valve, giving a way out to tens of thousands of Cubans who were frustrated by the island’s authoritarian government. Young Cubans have grown up regarding immigration to the [U.S.] as an option that has become a core part of the Cuban psyche.”

Now, the Times continues, there probably will be “pent-up dissatisfaction [that may] embolden more Cubans to press for economic changes and political freedoms as the era of rule by Raúl Castro draws to an end [in early 2018]. This would be hard and risky in a police state that stifles dissent by rewarding loyalists, punishing critics and sowing division among groups agitating for change. Eliécer Ávila, a prominent opposition leader, said, ““In the long run, I feel this will be beneficial by putting pressure on us to take responsibility for our homeland. The fundamental problem here is not the laws of other countries but the reality we live with.”

The Times concluded,  “should be clear to . . . [President-elect Trump’s] team that rolling back the recent progress would be foolish.”

A Washington Post editorial reached the same conclusion as the Times while emphasizing that the “dry foot/wet foot” policy “not only induced discontented Cubans to make a dangerous journey, but also relieved pressure on the regime to meet their legitimate demands at home. In recent years, the policy has also led to various scams, such as Medicare fraud perpetrated by Cubans who quickly settled in South Florida and then returned to the island with ill-gotten money.”

The incoming Trump administration was urged by the Washington Post “to treat [Cuban asylum] claims with the generosity they deserve while noting that the U.S. continuing “to set aside 20,000 immigrant visas per year to Cubans [was] an unusually high number properly reflective of Cuba’s unusually repressive system.”

Jon Anderson in the New Yorker points out that the change “should also help curtail a gruesome people-trafficking network that, over the past two years, has bled tens of thousands of Cubans of what little money they have in order to make it to the United States. Many of the migrants have sold their homes to obtain the cash to pay the traffickers who smuggle them through different countries before they reach the United States. One of the networks funnels people through a Mafia-controlled section of Colombia on an arduous and dangerous trek, sometimes lasting as much as three weeks, through the Darién jungle into Panama. Numerous Cubans, as well as other nationalities, have been robbed, raped, and killed along the way. In Mexico, an unavoidable part of any overland journey to the U.S. border from the south, Cubans fall prey to traffickers linked to the violent drug gangs there, at times with corrupt police involvement.”

Representative Albio Sires (Dem., NJ), a Cuban-American, said that “in recent years [some Cubans] used [the dry foot/wet foot policy] to reap economic rewards by sending money back to the island or even going back themselves to visit. While I am sympathetic to the plight of all the Cuban people, this program was designed for those asylees and refugees that were forced to flee. Money sent back to the island has no choice but to pass through the hands of the regime that for years has been using this program to fill their coffers.” He, however, questioned the timing of this change with an incoming president who has made many “hateful and disparaging remarks about refugees, minorities and immigrants.”

Negative Reactions[3]

Cuban-American representatives in Congress registered their typical negative reactions to U.S. normalization with Cuba: Ileana Ros-Lehtinen (Rep., FL); Carlos Curbello (Rep., FL); and Mario Diaz-Balart. Representative Curbello, however, admitted that the old wet-foot/dry-foot policy had been “grossly abused and exploited by many Cuban nationals, while also inadvertently bolstering the Cuban regime. A change to this policy was inevitable. I remain firmly committed to supporting the victims of persecution in Cuba while ending all abuses of America’s generosity.”

 A negative opinion also was registered by Carlos Eire, a Cuban-American who arrived in the early 1960’s as a “Peter Pan” kid and who now is an author and the T.L. Riggs Professor of History and Religious Studies at Yale University.He argues that many Cubans saw the December 17, 2014 announcement of rapprochement . . . [as] new support from the [U.S. that] could prolong the life of the Castro regime indefinitely and allow it to rule despotically; and . . . [as a sign] how Cubans would no longer continue to be viewed by the [U.S.] as an oppressed people.” The January 12 termination of ‘dry foot/wet foot’ “has completed . . . [Obama’s] utter betrayal of the Cuban people — a legacy move set in motion two years ago [and] has burdened Trump with a no-win situation with the potential to seriously tarnish or weaken his presidency right from the start.”

The U.S. Conference of Catholic Bishops on January 12 released a statement from the Chair of its Migration Committee, Bishop Joe Vasquez of Austin, Texas. Expressing disappointment over the “sudden policy change,” he said, “While we have welcomed normalizing relations with Cuba, the violation of basic human rights remains a reality for some Cubans and the Wet Foot/Dry Foot policy helped to afford them a way to seek refuge in the United States.”

The Bishop added, “Cuban Americans have been one of the most successful immigrant groups in U.S. history. The protections afforded them were a model of humane treatment.” This change “will make it more difficult for vulnerable populations in Cuba, such as asylum seekers, children, and trafficking victims, to seek protection. . . . My brother Bishops and I pledge to work with the outgoing and incoming administrations to ensure humane treatment for vulnerable populations, from Cuba and elsewhere, seeking refuge in the United States.”

The Cuban Observatory on Human Rights (OCDH), criticizing the change, said thatmany Cubans do not want or can not live in their own country” and that Cuba has not guaranteed “there will be no reprimand or violations of the human rights of” the Cubans the U.S. returns to the island.

Ramón Saúl Sánchez, leader of the Miami-based Democracy Movement, believes the change “will not stop the Cubans leaving the island, because in Cuba ‘there is a tyranny’ that will create more deaths (of rafters) in the Florida Straits.”

Jose Basulto, founder of Brothers to the Rescue: “Freedom is going to have to be sought now inside Cuba.” It is “sad” that Cubans have always bet on escaping from Cuba rather than fighting for freedom within their country.

Conclusion

This blogger remains persuaded that the “dry foot/wet foot policy is not justified, at least in recent years. Now many, if not most, Cubans wanting to come to the U.S. are motivated by an entirely understandable desire to improve their financial circumstances. That same desire exists in many people from many countries throughout the world. There is no special reason why Cubans should be preferred over all these other people.

As Secretary Johnson, Deputy National Security Advisor Rhodes and Press Secretary Earnest emphasized, if the Cubans are fleeing Cuban persecution for their political opinions, then they may and should submit an application, under U.S. and international law, for political asylum.

The U.S. parole program for Cuban medical personnel is also unjustified. Cuban students receive their medical education without any tuition. As a result, it is only reasonable to require such students, after receiving their medical degrees, to “give back” by serving on a Cuban foreign medical mission for which they are paid more than they would have earned in Cuba. Yes, the Cuban government is paid more for their services on such missions by foreign governments than the medical personnel are paid by the Cuban government, but that also is reasonable and appropriate. The contention that such service is illegal forced labor or semi-slavery is absurd.[4]

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[1] White House, On-the-Record Press Call [by Jeh Johnson and Benjamin Rhodes] on Cuba Policy Announcement (Jan. 12, 2017); White House, Press Briefing by Press Secretary Josh Earnest, 1/13/17.

[2] Editorial, Ending a Misguided Cuban Migration Policy, N.Y. Times (Jan. 13, 2017); Editorial, Obama’s latest step on Cuba actually seems necessary and proper, Wash. Post (Jan. 13, 2017); Anderson, Obama’s Last Big Cuba Move, New Yorker (Jan. 13, 2017); Congressman Sires Statement on the Administration’s Decision to End “Wet Foot, Dry Foot” (Jan. 12, 2017).

[3] Ros-Lehtinen Statement on Latest Obama Concession to Castro Regime: Elimination of Wet Foot/Dry Foot and Cuban Medical Professional Parole Program (Jan. 12, 2017); Diaz-Balart, Have You No Shame, President Obama? (Jan. 12, 2017); Curbelo Comments on DHS Announcement Regarding End of Wet-Foot Dry-Foot Policy (Jan. 12, 2917); Eire, Wet foot, dry foot, wrong foot, Wash. Post (Jan. 13, 2017); USCCB Migration Chairman Expresses Disappointment over Abrupt End of “Wet Foot/Dry Foot Policy—Policy Has Long Benefited Cuban Migrants and Refugees (Jan. 12, 2017); OCDH Position on the Elimination of the Policy of “Dry Feet/Wet Feet (Jan. 13, 2017);Reactions: Obama’s policies have been ‘a betrayal of Cubans,’ says Mario Díaz-Balart, Diario de Cuba (Jan. 13, 2017).

[4] See posts listed in the “Cuban Medical Personnel & U.S.” section of List of Posts to dwkcommentaries.com—Topical (CUBA).

Where Is the Sense of Vocation in Roger Cohen’s Writings?

A prior post provided a positive review of Roger Cohen’s comments about life and death in his New York Times columns. While reaffirming that assessment, his selected comments in that review do not directly express a sense of vocation. Perhaps there are other columns that do just that. If so, I would appreciate someone pointing them out.

Vocation is at least a Christian concept that may not be familiar to Cohen, who is Jewish. Here then are my thoughts on vocation from prior posts.[1]

Rev. Timothy Hart-Andersen at Minneapolis’ Westminster Presbyterian Church in a recent sermon presented the challenge of vocation or calling this way: “When Jesus calls we get up and go, stepping forward in the direction of the one calling us. Being a follower of Jesus is not a destination . . . . Being called to follow Jesus is a way of life, a pilgrimage on which we embark together.”

Vocation also has been discussed by, an author and an ordained Presbyterian pastor. He said the word ‘vocation’ “comes from the Latin vocare, to call, and means the work a man is called to by God. . . . The kind of work God usually calls you to is the kind of work (a) that you need most to do and (b) that the world most needs to have done. . . . The place God calls you to is the place where your deep gladness and the world’s deep hunger meet.”

For me, vocation implies a dedication to a certain kind of work or service over a period of time. A one-time effort probably does not count. On the other hand, in my opinion, vocation does not necessarily require a lifetime commitment to doing a certain thing. Indeed, an individual’s circumstances change over time, and what was a vocation for one period may not be appropriate for another period. Thus, an individual may have several vocations over time, some of which might be simultaneous. This at least has been true for me.

Some people may decide that they shall start engaging in a particular vocation. They know from the start that a certain course of action shall be their vocation, perhaps inspired by what they believe to be the word of God. Others discover after the fact that what they have been doing for a period of time has been and is their vocation. I am a member of the latter group. Moreover, some people discover a vocation when they respond affirmatively to someone else’s invitation or request to do something. Others embark on a vocation that they choose by themselves. I have experience with both of these.

Deciding on what shall be or is a vocation should be, in my opinion, a matter of reflection, meditation and prayer and in some cases discussion with others to assist in discerning a true vocation.

The concept of vocation often seems like doing something for others without any personal rewards other than feeling good about helping others. I, therefore, am amazed by the many ways I have been enriched by these endeavors.

My latest vocation is researching and writing posts for this blog to promote U.S.-Cuba reconciliation, to share my knowledge of international human rights law and other subjects and to attempt to articulate an intelligent exposition and exploration of important issues of Christian faith. It is my way of doing evangelism.

I imagine that Roger Cohen must have a similar sense of vocation about his writing columns for the New York Times regarding international and domestic political topics and living and dying even if he does not articulate this personal endeavor as a vocation. His new column, The Rage of 2016, is certainly a passionate and despondent reflection on what is happening in our world these days. It ends with the following:

  • “The liberal elites’ arrogance and ignorance has been astounding. It is time to listen to the people who voted for change, be humble and think again. That, of course, does not mean succumbing to the hatemongers and racists among them: They must be fought every inch of the way. Nor does it mean succumbing to a post-truth society: Facts are the linchpins of progress. But so brutal a comeuppance cannot be met by more of the same. I fear for my children’s world, more than I ever imagined possible.”

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[1] My General Thoughts About Vocation (Feb. 6, 2014); My Vocations (Feb. 23, 2014).

 

 

Roger Cohen’s Gentle Words of Wisdom

Roger Cohen
Roger Cohen

Roger Cohen movingly has reflected on life and death in his New York Times column, “Do Not Go Gentle.”  Although I had read many of his earlier columns, this one stopped me to ponder its thoughts and to explore some of his other columns and biography and then to share the results of that investigation in this blog post.

“Do Not go Gentle”–Excerpts

“Home, and what constitutes it, is the most potent of memories. It’s not excess of love we regret at death’s door, it’s excess of severity. If we lived every day as the last day of our lives, the only quandary would be how to find the time to shower love on enough people. We live distracted and die with too much knowledge to bear.”

“For me, the menacing political storms of America and Europe have been accompanied by family illness; and I’ve found myself in recent days cocooned in thoughts of those I love, the fragility of life, and its delicate beauty.”

“I confess immortality, whose attainment is a hot theme in Silicon Valley, does not interest me. . . . When I think of it the image that comes to my mind is of a blazing hot day with the noonday sun beating down in perpetuity. The light is blinding. There is no escape from it, no perspective, no release.”

In contrast, “the most beautiful times of day are dawn and dusk when shadows are long, offering contrast, refuge and form. Death is the shadow that gives shape to existence, urgency to love, brilliance to life. Limitless life is tedium without resolution.”

“As Ecclesiastes [3: 1-8] has it, there is a time to be born, and a time to die; a time to plant, and a time to pluck up what is planted. I find it hard to imagine what inner peace can exist without acceptance of this cycle — the bright green of the first spring leaf, the brittle brown leaves of fall skittering down an alley in a gust of wind.”

“None of which is to urge mere acquiescence to death, whether physical or political, in this season when death merchants are on the march. On the contrary, this is a time to rage, a time to heed Dylan Thomas: “Rage, rage against the dying of the light.”

A “friend, who has battled and vanquished cancer, told me the other day of going to lunch with his 98-year-old father a couple of months before his death. My friend fought back tears as he recalled how his father leaned over to him toward the end of the meal and said: ‘You know, I did not want to die before I knew you were well.’ It is for sons to bury their fathers, not fathers their sons.”

“Ah, fathers, they wait so long before they let down their guard with their sons. When they do the power and poignancy of it is overwhelming.”

“My own father, now 95 and withdrawn, wrote to me on the death 17 years ago of my manic-depressive mother: ‘I know that my spirit will not soon be released from those cruel demons that tore so relentlessly at the entwining fabric of love between Mom and me. I did strive within the feeble limits of my human fallibility to preserve and cherish and sustain her. But alas — for Mama ultimately, death was the only angel that could shield her from despair.’”

“The most vulnerable parts of our nature are often those closest to our greatest gifts. I will always be grateful for the moments I was able to see my gifted father unguarded.”

“The dead whisper to us, they console us, they admonish us. Love more, love better. Do not . . . go gentle into that good night.

Other Columns

Many of his columns for the Times are online, and a hunt-and-peck incomplete search of that collection uncovered the following four columns for inclusion in this blog post. I am confident that a more thorough search would produce other thoughtful columns.

In May 2015 Cohen’s spending time at an unnamed airport prompted ruminations about status anxiety, “The Great Unease.” It included the following: “By comparison, having little or less [material possessions] seemed relatively straightforward — and could even spur illogical acts of an entirely different nature, such as going out and working for a couple of hours on repairing somebody’s car and then refusing payment, or giving time in other ways that defy measurement on the scales that hold sway over contemporary lives. There was a great deal to be said for acts of spontaneous generosity, for surprise visits, for being sidetracked, for idle conversation, for the gestures that forge community.”

The column ended with the following: “The Chinese say: ‘If you want to be happy for a day, get drunk; a week, kill a pig; a month, get married; for life, be a gardener.’ Cultivate your garden, the inner as the outer. Make it bloom.”

Another May 2015 column, “The Presence of the Past, ” contained these observations about how we experience the past:

  • “As we grow older, the past looms larger. There’s more of it. The past is full of possibility. It is ever-changing, an eddying tide, subject to the gusts — and lacunas — of memory.”
  • “Who, a friend asked me the other day, would ever want to be 90? The answer is somebody aged 89. Old age is not for sissies, my grandmother liked to comment. Nor, however, is the other option. So on we go, accumulating past with reckless abandon, like children guzzling candies.”
  • “Yet as Faulkner observed, ‘The past is never dead. It’s not even past.’ Or as a disillusioned Yugoslav Communist once put it, ‘The most dangerous thing for a Communist is to predict the past.’”
  • “Only through a balanced view of the past, conscientious but not obsessive, may we shun victimhood, accept divergent national narratives, embrace decency, meet our daily obligations, and look forward.”

His June 2015 column, “Mow the Lawn,” starts with comments about his youngest child’s graduating from a London school and getting ready to start college in the U.S., but includes these words of wisdom:

  • “Life is a succession of tasks rather than a cascade of inspiration, an experience that is more repetitive than revelatory, at least on a day-to-day basis. The thing is to perform the task well and find reward even in the mundane.”
  • “I’ve grown suspicious of the inspirational. It’s overrated. I suspect duty — that half-forgotten word — may be more related to happiness than we think. Want to be happy? Mow the lawn. Collect the dead leaves. Paint the room. Do the dishes. Get a job. Labor until fatigue is in your very bones. Persist day after day. Be stoical. Never whine. Think less about the why of what you do than getting it done. Get the column written. Start pondering the next.”

This column about mowing the lawn also quoted from a commencement speech he had given:

  • “’Everyone has something that makes them tick. The thing is it’s often well hidden. Your psyche builds layers of protection around your most vulnerable traits, which may be very closely linked to your precious essence. Distractions are also external: money, fame, peer pressure, parental expectation. So it may be more difficult than you think to recognize the spark that is your personal sliver of the divine. But do so. Nothing in the end will give you greater satisfaction — not wealth, not passion, not faith, not even love — for if, as Rilke wrote, all companionship is but ‘the strengthening of two neighboring solitudes,’ you have to solve the conundrum of your solitude.’”
  • “’No success, however glittering, that denies yourself will make you happy in the long run. So listen to the voice from your soul, quiet but insistent, and honor it. Find what you thrill to: if not the perfect sentence, the beautiful cure, the brilliant formula, the lovely chord, the exquisite sauce, the artful reconciliation. Strive not for everything money can buy but for everything money can’t buy.’”
  • “In the everyday task at hand, for woman or man, happiness lurks.”

The column, “Young Lives Interrupted,” from November 2015 starts with comments on a short story by Ernest Hemingway and ends with these words:

  • “It seems, as we grow older, that we are haunted less by what we have done than by what we failed to do, whether through lack of courage, or inattention, or insufficient readiness to cast caution to the winds. The impossible love abandoned, the gesture unmade, the heedless voyage untaken, the parting that should not have been — these chimera always beckon.”
  • “What’s done is done but the undone is another matter.”
  • “There are too many words today, too much emotion, and too few letters. Truth is more often the fruit of diligence than revelation, of discipline than inebriation, of discarding than accumulation.”

Cohen’s Biography[1]

Born in London in 1955, Cohen graduated with honors at Westminster School, a top “public” school in English parlance. He then attended the University of Oxford and graduated with a B.A. (and later M.A.) in History and French in 1977.

That same year he moved to Paris to teach English and to write for Paris Metro, after which he started working for Reuters, which transferred him to Brussels.  In 1983 he joined the staff of the Wall Street Journal in Rome and later Beirut. The New York Times was his next and current employer, 1990-present, and he has served as a columnist for the paper since 2009. He also occasionally writes for the New York Review of Books.

Cohen has published these books: (a) In the Eye of the Storm: The Life of General H. Norman Schwarzkopf (with Claudio Gatti) (1991); (b) Hearts Grown Brutal: Sagas of Sarajevo (1998); (c) Soldiers and Slaves: American POWs Trapped in the Nazis’ Final Gamble (2005); (d) Danger in the Desert: True Adventures of a Dinosaur Hunter (2008); and (e) The Girl from Human Street: Ghosts of Memory of a Jewish Family (2015).

Cohen’s father, Sydney Cohen, a doctor, was born in South Africa and emigrated to the United Kingdom in the 1950s. Roger’s mother June also was born in South Africa and accompanied Sydney to the U.K. She died in 1999.

One of Roger Cohen’s columns, “The Battle to Belong,” from January 2015, told a moving account of his parents’ lives with these more general observations: “The strain of burying the past, losing one identity and embracing another, can be overwhelming. Home is an indelible place. It is the landscape of unfiltered experience, of things felt rather than thought through, of the world in its beauty absorbed before it is understood, of patterns and sounds that lodge themselves in the psyche and call out across the years. When home is left behind, or shattered, an immense struggle often ensues to fill the void.” A more expansive exploration of his own family history is found in his book, The Girl from Human Street: Ghosts of Memory of a Jewish Family.

Conclusion

Thank you, Roger Cohen, for sharing your thoughts with the world. You help us to understand and accept the truths expressed long ago in Ecclesiastes.

Recognize and rejoice in the fragility and beauty of life. Engage in acts of spontaneous generosity, surprise visits and idle conversation. See life as a succession of everyday tasks that should be well performed and that will provide happiness.

As we think about our ever-lengthening pasts, do so with balance and the realization that every one of us is haunted most by what we have failed to do. When you have these realizations, endeavor to remedy those failures.

Also accept the cycle of birth and death and see death as the shadow that gives shape to existence, the urgency to love and the brilliance to life. You too may find that the dead whisper words of encouragement and consolation.

These words are worth pondering by all of us. I look forward to reading his future columns as well as diving into the collection of his columns in the Times.

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[1] Roger Cohen’s biography may be found in the New York TImes, Wikipedia and Jewage.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

U.S. Reactions to the Death of Fidel Castro

The November 25th death of Fidel Castro has prompted comments from President-Elect Donald Trump and his aides, the Obama Administration, U.S. Senators and Representatives, U.S. editorial boards and columnists and U.S. business interests and others. All of this has fueled speculation about the future Trump Administration’s policies regarding Cuba. These topics will be explored in this post along with this blogger’s observations.

President-Elect Trump and His Aides[1]

On Saturday morning after Castro’s death the previous night, Donald Trump tweeted, “Fidel Castro is dead!” Later that same day he issued this statement:”Though the tragedies, deaths and pain caused by Fidel Castro cannot be erased, our administration will do all it can to ensure the Cuban people can finally begin their journey toward prosperity and liberty. While Cuba remains a totalitarian island, it is my hope that today marks a move away from the horrors endured for too long, and toward a future in which the wonderful Cuban people finally live in the freedom they so richly deserve.”

Vice President-Elect Mike Pence on Saturday voiced a similar reaction in a tweet: “The tyrant Castro is dead. New hope dawns. We will stand with the oppressed Cuban people for a free and democratic Cuba. Viva Cuba Libre!”

On November 28, Trump issued another tweet on the subject. He said, “If Cuba is unwilling to make a better deal for the Cuban people, the Cuban/American people and the U.S. as a whole, I will terminate deal.”

These comments were corroborated by Trump’s top aides.

On Sunday, November 27, two of the aides said that Trump would demand the release of political prisoners held in Cuba and push the government to allow more religious and economic freedoms. Reince Priebus, the incoming White House chief of staff, said the president-elect “absolutely” would reverse Mr. Obama’s policies if he didn’t get what he wanted from Cuba. “We’re not going to have a unilateral deal coming from Cuba back to the [U.S.] without some changes in their government. Repression, open markets, freedom of religion, political prisoners—these things need to change in order to have open and free relationships, and that’s what president-elect Trump believes, and that’s where he’s going to head.” Similar comments were made the same day by Trump’s spokeswoman, Kellyanne Conway.

On Monday, November 28, Trump spokesman Jason Miller gave this more nuanced statement to reporters: “Clearly, Cuba is a very complex topic, and the president-elect is aware of the nuances and complexities regarding the challenges that the island and the Cuban people face. This has been an important issue, and it will continue to be one. Our priorities are the release of political prisoners, return of fugitives from American law, and also political and religious freedoms for all Cubans living in oppression.”

The Obama Administration[2]

President Barack Obama’s statement extended the U.S. “hand of friendship to the Cuban people” and stated that “history will record and judge the enormous impact of this singular figure on the people and world around him.” According to the President, Cubans “will recall the past and also look to the future. As they do, the Cuban people must know that they have a friend and partner” in America.

U.S. Secretary of State John Kerry issued a similar positive statement. He extended “our condolences to the Cuban people today as they mourn the passing of Fidel Castro. Over more than half a century, he played an outsized role in their lives, and he influenced the direction of regional, even global affairs. As our two countries continue to move forward on the process of normalization — restoring the economic, diplomatic and cultural ties severed by a troubled past — we do so in a spirit of friendship and with an earnest desire not to ignore history but to write a new and better future for our two peoples.”

On November 28 White House Press Secretary Josh Earnest responded to several questions about Cuba and Castro’s death. Here are a few of those responses:

  • For the U.S., “I wouldn’t expect any impact [of Castro’s death] on the kind of progress that we’re committed to making on our end to begin to normalize relations with Cuba.”
  • “[W]e have seen . . . greater freedom for American citizens to visit Cuba, to send money to family members in Cuba, to engage in business and seek business opportunities in Cuba.  It also enhanced the ability of the [U.S.] government to maintain an embassy in Cuba where U.S. officials can more effectively not just engage with government officials in Cuba but also those activists in civil society that are fighting for greater freedoms. . . . They also facilitate the kind of people-to-people ties that we believe will be more effective in bringing freedom and opportunity to the Cuban people, something that they have long sought and been denied by the Cuban government.  And after five decades of not seeing any results, the President believed it was time to see something different. . . . [We] clearly haven’t seen all the results that we would like to see, but we’re pleased with the progress.”
  • Castro “obviously is a towering figure who had a profound impact on the history of not just his country but the Western Hemisphere.  There certainly is no whitewashing the kinds of activities that he ordered and that his government presided over that go against the very values that . . . our country has long defended.”
  • “[T]here is no doubt that we would like to see the Cuban government do more [on human rights], but this policy has not even been in place for two years.  But we certainly have enjoyed more benefits than was enjoyed under the previous policy that was in place for more than 50 years and didn’t bring about the kinds of benefits or the kinds of progress that we would like to see.”
  • “[T]hose Cuban citizens that do work in industries, like cab drivers or working in restaurants, even Airbnb owners, are benefitting from the enhanced economic activity between Cuban citizens and American citizens who are visiting Cuba.  They are paid at a higher rate, and they’re enjoying more economic activity than they otherwise would because of this policy to normalize relations with Cuba. . . . [T]here is a growing entrepreneurial sector inside of Cuba that is benefitting from greater engagement with the United States.  That’s a good thing, and that is a benefit that is enjoyed by the Cuban people directly.”
  • “[T]here certainly is no denying the kind of violence that occurred in Cuba under the watch of the Castro regime.  There has been no effort to whitewash the history, either the history between the United States and Cuba or the history of what transpired in Cuba while Mr. Castro was leading the country.”
  • “That’s why upwards of 90 percent of the Cuban people actually support this policy and they welcome the greater engagement with the United States.  They welcome the increased remittances that are provided Cuban-Americans to family members in Cuba.  They welcome the increase in travel by American citizens to Cuba.  There’s a lot to offer.  And the Cuban people certainly benefit from that kind of greater engagement.  And that’s why the President has pursued this policy.”
  • The U.S. “relationship with countries throughout the Western Hemisphere, particularly in Latin America, is as strong as it’s been in generations. And all of that would be undone by the reinstitution of a policy that has failed after having been in place for more than five decades.”

The next day, November 28, Press Secretary Ernest announced that the U.S. will not send a formal delegation to Cuba to attend the Castro funeral but instead will dispatch a top White House aide and a principal Cuba-normalization negotiator, Benjamin J. Rhodes, to be joined by , the top U.S. diplomat in Cuba.

U.S. Senators and Representatives[3]

Senator Bob Corker (Rep., TN), the Chair of the Senate Foreign Relations Committee, stated, Under Fidel Castro’s brutal and oppressive dictatorship, the Cuban people have suffered politically and economically for decades, and it is my hope that his passing might turn the page toward a better way of life for the many who have dreamed of a better future for their country. Subsequently after meeting with Mr. Trump about a possible appointment as Secretary of State, Corker said Mr. Trump’s “instincts on foreign policy are obviously very, very good.”

The Ranking Member of that committee, Senator Ben Cardin (Dem., MD), said, “The news of Fidel Castro’s death brings with it an opportunity to close the deep divisions that have been suffered by Cuban society and by Cuban Americans in the U.S.  For Castro’s purported goals of social and economic development to be attained, it is now time for a half-century of authoritarian rule to give way to the restoration of democracy and the reform of a system the has denied Cuba’s citizens their basic human rights and individuals freedoms. As the United States awaits a new Administration, we must continue our partnership with the Cuban people as they seek to build a more hopeful future for their country.”

Senator Marco Rubio of Florida, a Cuban-American and Republican presidential candidate this year, said in a statement: “Sadly, Fidel Castro’s death does not mean freedom for the Cuban people or justice for the democratic activists, religious leaders, and political opponents he and his brother have jailed and persecuted. The dictator has died, but the dictatorship has not…The future of Cuba ultimately remains in the hands of the Cuban people, and now more than ever Congress and the new administration must stand with them against their brutal rulers and support their struggle for freedom and basic human rights.” Senator Bob Menendez (Dem., N.J.), a Cuban-American who has opposed Mr. Obama’s policy, issued a similar statement.

Senator Jeff Flake (Rep., AZ), who has supported normalization and is the lead author of a Senate bill to end the embargo, merely said, “Fidel Castro’s death follows more than a half century of brutal repression and misery. The Cuban people deserve better in the years ahead.”

Minnesota’s Senator Amy Klobuchar (Dem.), the author of a Senate bill to end the U.S. embargo of the island, said the following: “Passing my bill with Republican Senator Jeff Flake to lift the trade embargo with Cuba would create jobs and increase exports for American farmers and businesses, and it could create unprecedented opportunity for the Cuban people. For far too long, U.S.-Cuba policy has been defined by the conflicts of the past instead of the realities of today and the possibilities for the future. The Cuban and American people are ahead of their governments in terms of wanting to see change. We need to seize this opportunity and lift the trade embargo.”

Minnesota’s other Senator, Al Franken (Dem.) said that, in the wake of Castro’s death, he hopes the Obama administration’s work to repair relations with the island nation is upheld by a new administration. “Over the past few years, we’ve made important strides to open up diplomatic relations with Cuba, and now I urge the country’s leadership to put a strong focus on improving human rights and democracy.”

On the House side, one of Minnesota’s Republican representative and an author of a bill to end the embargo, Tom Emmer, said that Congress should seize the opportunity to “assist in the transition to a democracy and market economy” in Cuba and denounced “isolation and exclusion.” He added, “The passing of Fidel Castro is yet another reminder that a new day is dawning in Cuba. As the remaining vestiges of the Cold War continue to fade, the United States has a chance to help usher in a new Cuba; a Cuba where every citizen has the rights, freedom and opportunity they deserve.”

The statement from the Speaker of the House, Paul Ryan (Rep., WI), stated, “Now that Fidel Castro is dead, the cruelty and oppression of his regime should die with him. Sadly, much work remains to secure the freedom of the Cuban people, and the United States must be fully committed to that work. Today let us reflect on the memory and sacrifices of all those who have suffered under the Castros.”

U.S. Editorial Boards and Columnists[4]

The New York Times’ editorial opposed any retreat from normalization. It said such a move would be “extremely shortsighted.” The new process of normalization, it says, “has helped establish conditions for ordinary Cubans to have greater autonomy in a society long run as a police state. It has also enabled Cuban-Americans to play a larger role in shaping the nation’s future, primarily by providing capital for the island’s nascent private sector. While the Cuban government and the Obama White House continue to have profound disagreements on issues such as human rights, the two governments have established a robust bilateral agenda that includes cooperation on environmental policy, maritime issues, migration, organized crime and responses to pandemics. These hard-won diplomatic achievements have benefited both sides.”

 If, on the other hand, said the Times, the normalization process is abandoned, U.S.-Cuba “cooperation is likely to wane. That would only embolden hard-liners in the Cuban regime who are leery of mending ties with the United States and are committed to maintaining Cuba as a repressive socialist bulwark. In Mr. Trump, they may find the ideal foil to stoke nationalism among Cubans who are fiercely protective of their nation’s sovereignty and right to self-determination.”

The editorial from the Washington Post, while criticizing some aspects of President Obama’s opening to Cuba, stated U.S. policy should “align itself with the hopes of ordinary Cubans and the legitimate demands of the island’s pro-democracy movements. That does not necessarily mean reversing the renewal of diplomatic relations and relaxed restrictions on the movement of people and goods; most Cubans still want that. But it should mean that official exchanges with the regime, and any concessions that benefit it, should be tied to tangible reforms that benefit the public: greater Internet access, expansion of space for private business and tolerance of critical speech and assembly by such groups as the Ladies in White.”

Conservative columnists and commentators welcomed Fidel’s death. George Will hoped, if not reasonably expected, “to have seen the last of charismatic totalitarians worshiped by political pilgrims from open societies. Experience suggests there will always be tyranny tourists in flight from what they consider the boring banality of bourgeois society and eager for the excitement of sojourns in ‘progressive’ despotisms that they are free to admire and then leave. Carlos Eire, a Cuban exile, author and the T.L. Riggs Professor of History and Religious Studies at Yale University, suggested a 13-point negative epitaph for Fidel’s tomb. The first point was: ”He turned Cuba into a colony of the Soviet Union and nearly caused a nuclear holocaust.” The last point was this: “He never apologized for any of his crimes and never stood trial for them.”

Another Washington Post columnist, Kathleen Parker, agreed that Fidel was a terrible dictator, but argued that Mr. Trump “should understand that Fidel Castro loved the embargo more than anyone because, as ever, he could blame the [U.S.] for his failures. For Trump to fall into this same trap [by keeping the embargo] would be a postmortem gift to Castro and breathe new life into a cruel legacy — the dictator’s final triumph over the [U.S.] and the several American presidents who could never quite bury him.”

U.S. Business Interests and Others[5]

Important interests that typically are regarded as important by Republicans are arguing against any retreats from the Obama Administration’s pursuit of normalization of Cuba relations

First, many U.S. companies are now deeply invested in Cuba under the current administration’s policy. These companies include major airlines, hotel operators and technology providers, while big U.S. phone carriers have signed roaming agreements on the island. “I think the American business community would be strongly opposed to rolling back President Obama’s changes, and strongly in favor of continuing the path toward normalization of economic and diplomatic relations,” said Jake Colvin, vice president of the National Foreign Trade Council.

Second, the U.S. farming industry is strongly supportive of normalization of U.S.-Cuba relations. For example, Kevin Paap, president of the Minnesota Farm Bureau, does not want the next administration to take any steps that would put U.S. farmers at a further disadvantage in the Cuban market. “Every other country in the world has diplomatic and trade relations with Cuba, and what we don’t want to do is lose that market share to the European Union, Brazil, Argentina.” Mr. Paap added that U.S. market share in Cuba has decreased in recent years as other countries are able to provide better financing.

But agricultural producers across the country, from rice producers in Louisiana to Northwest apple farmers to Kansas wheat growers have pushed for more, including lifting a ban prohibiting Cuba from buying American agricultural goods with U.S. credit.

Cuba’s wheat consumption is about 50 million barrels a year, said Daniel Heady, director of governmental affairs at the Kansas Association of Wheat Growers. Although not a huge market, “it’s right off the coast and it would be extremely easy for us to deliver our product.” “It is something that Kansas farmers are extremely interested in,” Heady said. “In a world of extremely depressed commodity prices, especially wheat, 50 million bushels looks extremely good right now.”

Republican governors from Texas, Arkansas and elsewhere have led trade delegations to Cuba, along with their state farm bureaus and chambers of commerce.

A U.S. journalist with extensive experience with Cuba, Nick Miroff, echoed these thoughts. He said, “A return to more hostile [U.S.-Cuba] relations . . . could also bring a new crackdown in Cuba and further slow the pace of Raúl Castro’s modest liberalization  measures at a time of stalling economic growth. Hard-liners in Cuba’s Communist Party would gladly take the country back to a simpler time, when the antagonism of the United States — not the failure of government policies — was to blame for the island’s problems, and the threat of attack, real or imagined, was used to justify authoritarian political control.’

Moreover, according to a Wall Street Journal report, any U.S. abandonment of normalization with Cuba “could drive a new wedge between Washington and Latin America . . . not only by leftist allies of Cuba like Venezuela and Bolivia but also by conservative governments in Brazil, Chile, Mexico and Colombia. It would also likely complicate regional cooperation on a range of issues, from immigration to security and anti-drug efforts.”

In Miami, many of the island’s exiles and their children and grandchildren took to the streets, banging pots and pans, waving American and Cuban flags, and celebrating in Spanish: “He’s dead! He’s dead!”

Meanwhile in faraway Minnesota, even though it has relatively few Cuban exiles, celebrated its Cuban connections. They range from festivals and restaurants in the Twin Cities that preserve and highlight Cuban culture. Its politicians in Washington, D.C. have been leaders in efforts to lift the trade embargo on Cuba, citing the potential for economic and political advancements and job growth. Christian communities in Minnesota also value their religious and moral obligations to Cubans. Cuba’s expanded Mariel Port could carry Minnesota-made goods. Other Minnesota-based companies, including Sun Country Airlines, Radisson Hotels and Cargill, could benefit from lifting the embargo.

Last year the Minnesota Orchestra took a historic trip to Cuba as the first U.S. orchestra to perform there since Obama began negotiations in 2014. Next June, some Orchestra members will perform in Cuba again along with Minnesota Youth Symphonies. They also will be joined by Cuban-American jazz musician, Ignacio “Nachito” Herrera, and his wife, who works as an attorney. Herrera grew up during the Cuban Revolution and credits Castro’s leadership for the career opportunities he and his wife have achieved. Indeed, Herrera met Castro in the 1980s while being recognized in a Classic World Piano competition. Castro was humble, Herrera said, and deeply curious about his accomplishments.

Concluding Observations

This blog consistently has applauded the U.S. pursuing normalization with Cuba. The death of Fidel Castro does not change that opinion and advocacy. Fundamentally I agree with President Obama that the 50-plus years of U.S. hostility towards Cuba has not worked—it has not persuaded or forced Cuba to change its ways and it has interfered with our having friendly relations with countries throughout the world, especially in Latin America.[6]

Indeed, the countries of the Western Hemisphere in their Summits of the Americas have made it clear to fellow member the U.S. that they would no longer reluctantly acquiesce in the U.S. desire to exclude Cuba from such Summits, and at the last such gathering in 2015, after the announcement of U.S.-Cuba normalization they praised both countries for this move.[7]

The broader world disapproval of the U.S. hostility towards Cuba is shown by the annual overwhelming approvals of resolutions condemning the U.S. embargo of the island by the U.N. General Assembly. Nor should the U.S. continue to ignore its very large contingent liability to Cuba for its alleged damages from the embargo. (The U.S., of course, disputes this contingent liability, but prudence for any nation or entity facing such a large contingent liability dictates cutting off that risk by stopping the behavior that allegedly triggers the risk.)[8]

Opponents of normalization usually point to Cuban deficiencies on human rights and democracy. But such opposition fails to recognize or admit that the U.S. does not have a perfect record on these issues, including this year’s U.S. election and efforts at voter suppression and the U.S. indirect election of the president and vice president via the Electoral College. Moreover, such opponents also fail to recognize or admit that at least some Cuban limits on dissent and demonstrations undoubtedly are triggered by their fear or suspicion that the U.S. via its so-called covert or undercover “democracy promotion” programs in Cuba is financing or otherwise supporting these efforts at regime change on the island. Finally as part of the efforts at normalization the U.S. and Cuba have been having respectful dialogues about human rights issues.[9]

Another issue sometimes raised by opponents of normalization is Cuba’s failure to provide financial compensation to U.S. persons for Cuba’s expropriation of their property in the early years of the Revolution. But such criticism fails to recognize that Cuba has paid compensation to persons from other countries for such expropriation, that it is in Cuba’s interest to do the same for U.S. persons, that the two countries have been respectfully discussing this issue as well, and there is no reason to expect that this issue cannot be resolved peacefully.[10]

Opponents of normalization also seem to believe or assume that only the U.S. and Cuba are involved in these issues. That, however, is not true. Perhaps precipitated by the December 2014 announcement that Cuba and the U.S. had agreed to seek normalization and reconciliation, other countries, especially the members of the European Union, have been accelerating their efforts to resolve differences with Cuba so that the U.S. will not beat them to gain competitive advantages with the island. China also is another competitor.[11]

Finally Cuba’s current major ally, Venezuela, obviously is near collapse and being forced to reduce its support of Cuba, thereby threatening Cuba’s stability and viability. The U.S. does not want to see Cuba become a failed state 90 miles away from the U.S. Such a situation is even more dire today according to Tom Friedman’s new book, Thank You for Being Late: An Optimist’s Guide to Thriving in the Age of Accelerations. He asserts at page 270 that it “may even be more difficult [for inhabitants of a failed state to reconstitute itself] in the age of accelerations. The lifelong learning opportunities you need to provide to your population, the infrastructure you need to take advantage of the global flows [of information], and the pace of innovation you need to maintain a growing economy have all become harder to achieve. . . . Catching up is going to be very, very difficult.”

For the U.S., once again, to act like an arrogant bully towards Cuba will not achieve any good result. All U.S. citizens interested in Cuba’s welfare and having good relations with the U.S. need to resist any efforts by the new Administration to undo the progress of the last two years.

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[1] Assoc. Press, Trump Slams Recount Push as ‘a Scam,’ Says Election Is Over, N.Y. Times (Nov. 26, 2016); Reuters, Trump Says He Will do All He Can to Help Cuban People, N.Y. Times (Nov. 26, 2016); Assoc. Press, Vice-President-Elect Pence Says ‘New Hope Dawns’ for Cuba, N.Y. Times (Nov. 26, 2016); Assoc. Press, Trump Aides Say Cuban Government Will Have to Change, N.Y. Times (Nov. 27, 2016); Flaherty, Trump aides say Cuban government will have to change, StarTrib. (Nov. 27, 2016); Schwartz & Lee, Death of Fidel Castro May Pressure Donald Trump on Cuba Promises, W.S.J. (Nov. 27, 2016); Mazzei, Trump pledges to ‘terminate’ opening to Cuba absent ‘better deal,’ Miami Herald (Nov. 28, 2016); Cave, Ahmed & Davis, Donald Trump’s Threat to Close Door Reopens Old Wounds in Cuba, N.Y. Times (Nov. 28, 2016).

[2]   White House, Statement by the President on the Passing of Fidel Castro (Nov. 26, 2016); U.S. State Dep’t, Secretary Kerry: The Passing of Fidel Castro (Nov. 26, 2016); White House, Press Briefing by Press Secretary Josh Earnest, 11/28/16; White House, Press Briefing by Press Secretary Josh Earnest, 11/29/16; Harris, Obama to Send Aide to Fidel Castro’s Funeral, N.Y. Times (Nov. 29, 2016).

[3] Sen. For. Rel. Comm., Corker Statement on the Death of Fidel Castro (Nov. 26, 2016); Griffiths, Corker praises Trump as State Department speculation continues, Politico (Nov. 29, 2016; Sen. For. Rel. Comm, Cardin Statement on the Death of Fidel Castro (Nov. 26, 2016); Rubio, Rubio: History Will Remember Fidel Castro as an Evil, Murderous Dictator (Nov. 26, 2016); Menendez, Senator Menendez on Death of Fidel Castro (Nov. 26, 2016); Flake, Flake Statement on the Death of Fidel Castro (Nov. 26, 2016); Ryan, Statement on the Death of Fidel Castro (Nov. 26, 2016);The latest: US House Leader Urges Remembering Castro Cruelty, N.Y. Times (Nov. 26, 2016); Klobuchar, Klobuchar Statement on Passing of Fidel Castro (Nov. 26, 2016); Emmer, Emmer Statement on Death of Fidel Castro (Nov. 26, 2016).

[4] Editorial, Threatening Cuba Will Backfire, N.Y. Times (Nov. 29, 2016); Editorial,Editorial, Fidel Castro’s terrible legacy, Wash. Post (Nov. 26, 2016); Fidel Castro’s demise can’t guarantee freedom for the people of Cuba, Wash. Post (Nov. 28, 2016); Will, Fidel Castro and dead utopianism, Wash. Post (Nov. 26, 2016); Eire, Farewell to Cuba’s brutal Big Brother, Wash. Post (Nov. 26, 2016); Parker, Don’t give Fidel Castro the last laugh, Wash. Post (Nov. 29, 2016). Eire is the author of Learning To Die in Miami: Confessions of A Refugee Boy (2010) and Waiting for Snow in Havana (2003).

[5] DeYoung, Trump’s threat to terminate opening to Cuba may draw opposition from business, Republican states, Wash. Post (Nov. 29, 2016); Miroff, Cuba faces renewed tensions with U.S., but without Fidel Castro, its field marshal, Wash. Post (Nov. 28, 2016); Dube & Johnson, Donald Trump’s Line on Cuba Unsettles Latin America, W.S.J. (Nov. 28, 2016); Klobuchar, Minnesota Artists, Leaders Reflect on Castro’s Legacy (Nov. 26, 2016);  Miroff & Booth, In wake of Castro’s death, his legacy is debated, Wash. Post (Nov. 28, 2016).

[6] See List of Posts to dwkcommentaries—Topical: CUBA.

[7] Previous posts have discussed the Seventh Summit of the Americas in April 2015. https://dwkcommentaries.com/?s=Summit+of+the+Americas.

[8] Previous posts have discussed the U.N. General Assembly resolutions on the embargo in 2011, 2014, 2015 and 2016 and the suggested international arbitration to resolve the disputes about Cuba’s damage claims resulting from the embargo. (See posts listed in “U.S. Embargo of Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA.

[9] See posts listed in “U.S. Democracy Promotion in Cuba,” “U.S. & Cuba Normalization, 2014-2015” and “U.S. & Cuba Normalization, 2015-2016” sections of List of Posts to dwkcommentaries—Topical: CUBA.

[10] See posts listed in “U.S. & Cuba Damage Claims” section of List of Posts to dwkcommentaries—Topical: CUBA.

[11] See list of posts in “Cuba & Other Countries” section of List of Posts to dwkcommentaries—Topical: CUBA.

Possible Amendments to the New Justice Against Sponsors of Terrorism Act (JASTA) 

As reported in a prior post, on September 28, the U.S. Congress overwhelmingly voted to override President Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA) even though the Chair (Senator Bob Corker (Rep., TN)) and Ranking Member (Senator Benjamin Cardin (Dem., MD)) of the Senate Foreign Relations Committee and Senator Diane Feinstein expressed deep reservations about the wisdom of this law.

Immediately after the adoption of this law, Senator Corker and others expressed desires to change the new law.[1] Let us look at these concerns and efforts to amend JASTA.

Certain Senators’ Concerns

Senator Corker said he thought the issues could be addressed in the “lame-duck” /Senator session of Congress after the November election and that possible fixes included limiting the bill’s scope just to the Sept. 11 attacks, changing some of the technical definitions or thresholds in the bill and establishing a tribunal of experts who ‘could first determine if there was culpability there.’”

Without specifics Senate Majority Leader Mitch McConnell said there could be “potential consequences” of JASTA that are “worth further discussing.” House Speaker Paul Ryan said Congress might have to “fix” the legislation to protect U.S. troops in particular. Trent Lott, a former Republican Senate Majority Leader and now a lobbyist for the Saudis, said, “I do feel passionately this is a mistake for a variety of reasons, in terms of threats to troops, diplomats, sovereignty, there’s serious problems here. Hopefully we can find a way to change the tenor of this.”

 Saudi Arabia’s Reactions

On October 3 Saudi Arabia’s Cabinet released a statement criticizing the adoption of JASTA.[2] It said the new law was “a source of concern to the international community in which relations are based on the principle of equality and sovereign immunity, as this law came to weaken the immunity of the world guaranteed by the United Nations, its agencies and councils which were formed to preserve the legal sovereignty of all its member countries across the universe. Weakening this sovereign immunity will affect all countries, including the United States. [The cabinet] expressed hope that wisdom will prevail and that the U.S. Congress would take the necessary steps to avoid the bad and dangerous consequences that may result from the JASTA legislation.”

On October 20 U.S. Secretary of State John Kerry met with Saudi Arabia’s Foreign Minister Adel al-Jubeir. Afterwards the two of them held a joint announcement at the State Department.[3] With respect to JASTA, Kerry said:

  • We “did discuss [JASTA’s] very negative impact on the concept of sovereign immunity. And the interests of . . . [the U.S.] are at risk as a result of the law that was passed in Congress in the final days. And we discussed ways to try to fix this in a way that respects and honors the needs and rights of victims of 9/11 but at the same time does not expose American troops and American partners and American individuals who may be involved in another country to the potential of a lawsuit for those activities. Sovereign immunity is a longstanding, well-upheld standard of law, and unfortunately this legislation – unintentionally, I think – puts it at great risk and thereby puts our country at great risk. So we’re talking about ways to try to address that.”

Foreign Minister Adel al-Jubeir’s comments about JASTA were the following:

  • “I . . . want to add my voice to what the Secretary said about the importance of sovereign immunities. Sovereign immunities have been a cardinal principle of the international legal order that was established after the Treaty of Westphalia in the 1600s. The objective is to bring order to the international system. And where sovereign immunities are diluted, the international system becomes chaotic, and no country, and no government, is able to conduct its official business without having to worry about lawsuits. The United States, as the country with the biggest footprint in the world, of course has the most to lose by this, because you have operations all the way from Japan to South America to the Pacific, and I think that is why the vast majority of countries have come out vehemently and very strongly against . . . JASTA . . . for its dilution of sovereign immunities. And there have been a number of countries that are looking at reciprocal measures, and if this issue takes hold, we will have chaos in the international order, and this is something that no country in the world wants.”

However, neither gentleman provided details about so-called “fixes for JASTA.

Moreover, there already are “9/11 lawsuits” brought by 9,000 plaintiffs against Saudi Arabia consolidated in federal court in the Southern District of New York in Manhattan that had been dismissed, but will be resurrected under JASTA. Already there is talk about potential discovery and other pre-trial activity in the cases. This includes plaintiffs’ efforts to reinstate Saudi Arabia as a defendant. And on September 30 a new Sept. 11 lawsuit against Saudi Arabia was filed in U.S. District Court in Washington, D.C., on behalf of the widow and daughter of a Navy officer killed in the attack on the Pentagon.

However, Raj Bhala, a professor of international and comparative law at the University of Kansas Law School, opines that the “deck remains stacked against the plaintiffs” with their biggest challenge: persuading a court there is solid evidence of a direct Saudi government role in the 9/11 attacks.[4]

Other Reactions

On October 10 China’s Foreign Ministry said China opposes all forms of terrorism and supports the international community on anti-terrorism cooperation, but that such efforts should “respect international law and principles of international relations, including fundamental principles of nations’ sovereign equality.” Therefore, every country “should not put . . . [its] domestic laws above international law and should not link terrorism with any specific country, religion or ethnicity.” The Foreign Ministry also noted that China’s people and assets at home and around the world face a growing risk from terrorism, but it has a foreign policy of non-interference in other countries’ affairs.[5]

Many other countries oppose JASTA. France considers that laws such as JASTA would lead to a “legal chaos” at the international level. Russia has slammed the legislation as undermining international law. Turkey views JASTA as a law against the principle of individual criminal responsibility for crimes and expects it would be reversed shortly. Egypt’s Foreign Ministry warned that JASTA could have a dire effect on US international relations.[6]

Daniel Drezner, a professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University, said JASTA was an example of “legislative fecklessness.” Immediately after the bill’s passage, Republican congressional leaders talked about the need to “fix” the bill and tried to blame President Obama for the problems by falsely claiming he had not made a strong case against the bill. But the president had vetoed the bill, publicly articulated the reasons for the veto and personally and through Administration officials had warned congressional leaders about the adverse implications of the bill. Thus, a “’stupid bill’ that adversely affects American national interests is now law.”[7]

A New York Times editorial, agreeing with Professor Drezner, said that the adoption of the bill over a presidential veto, was a new example of congressional “craven incompetence” and that JASTA should be repealed. A Wall Street Journal editorial also called for repeal.[8]

Conclusion

The only specific suggestions of ways to “fix” JASTA that I have seen are Senator Corker’s. The idea of creating a new tribunal presumably to assess whether a specific state has sponsored or aided and abetted acts of terrorism in the U.S. sounds too complicated, but there are not enough details about such an idea to have a detailed response. The same is the case for his other suggestion about changing some of the technical definitions or thresholds in the bill. The idea of limiting the law to 9/11, however, might be a way to see how such a law works out in practice before it is expanded to include any other situation as the law now stands.

Instead, I offer the following initial suggestions for amending JASTA on the assumption that repeal is not currently feasible:

  1. Assign exclusive jurisdiction over all civil actions under JASTA to the U.S. District Court for the District of Columbia and require or suggest that all such cases be assigned to a designated District Judge. That will assist the U.S. Departments of State and Justice, the White House and foreign governments in monitoring any such actions and eliminate the risk of inconsistent decisions at the District Court level and at the level of the federal courts of appeal. There is no reason to have any other federal courts involved in such cases and absolutely no reason to have any state courts so involved.
  2. Make the U.S. Government a necessary party to any such civil action.
  3. There should be limitations on permissible pre-trial discovery in such cases. Here is one way to do so. After answers to any complaint in any such civil action have been served and filed and before any other proceedings in the case, require the U.S. Government to provide its opinion as to whether the foreign state in any such case has sponsored or aided and abetted any acts of terrorism in the U.S. If the U.S. Government states that the foreign state has not sponsored or aided and abetted any act of terrorism in the U.S., then the civil action should be dismissed. If the U.S. Government states that the foreign state has so sponsored or aided and abetted, then the case should proceed to assess damages with appropriate discovery. If the U.S. Government states that it does not know whether the foreign state has so sponsored or aided and abetted, then the U.S. Government should propose a plan for discovery in the case to attempt to resolve that question as quickly and as inexpensively as possible with a prohibition of any discovery that is not included in such a plan.

Now we wait to see what bills will be introduced in Congress to amend JASTA.

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[1] Reuters, U.S. Lawmakers May change Sept. 11 Law After Rejecting Veto, N.Y. times (Sept. 30, 2016); Peterson & Lee, Congress Looks to Narrow Bill Allowing Terror Victims to Sue Foreign Governments, W.S.J. (Sept. 30, 2016).

[2] Reuters, U.S. Sept. 11 Law Weakens International Relations, Saudi Cabinet Says, N.Y. Times (Oct. 3, 2016); Saudi Press Agency, Press Release regarding JASTA (Oct. 4, 2016); Hubbard, Angered by 9/11 Victims Law, Saudis Rethink U.S. Alliance, N.Y. Times (Sept. 29, 2016).

[3] U.S. State Dep’t, Remarks with Saudi Arabian Foreign Minister Adel al-Jubeir After Their Meeting (Oct. 20, 2016) Reuters, U.S. Urges Houthis to Keep Ceasefire, Discusses JASTA With Saudi, N.Y. Times (Oct. 20, 2016). No additional details about any proposed “fixes” to JASTA were provided in response to questions at the State Department’s October 21 Daily Press Briefing.

[4] Mazzetti, Claims of Saudi Role in 9/11 Appear Headed for Manhattan Court, N.Y. Times (Sept. 29, 2016); Bravin, Lawyers Move Quickly After Congress Enacts Bill Allowing Suits Against Saudi Arabia, W.S.J. (Sept. 30, 2016).

[5] Reuters, China Backs Sovereign Immunity After U.S. Sept. 11 Bill Becomes Law, N.Y. Times (Oct. 10, 2016).

[6] Fotouh, JASTA: Real threats and hidden opportunities, Egypt Daily News (Oct. 24, 2016).

[7] Drezner, The unbearable idiocy of Congress, Wash. Post (Sept. 30, 2016).

[8] Editorial, Congress Has Itself to Blame for 9/11 Bill, N.Y. Times (Sept. 30, 2016); Editorial, Instant Senate Remorse, W.S.J. (Sept. 30, 2016).