Forces Promoting U.S. Hostility Towards Cuba

A prior post reported U.S. National Security Advisor John Bolton’s saying the Trump Administration was considering allowing Cuban-Americans to sue companies and others who now control real estate on the island that was seized from them by the Cuban government.

According to the Miami Herald, other major forces behind this proposal are Senator Marco Rubio (Rep., FL) and other South Florida lawmakers.[1]

Rubio, who is seen as one of the president’s principal advisers on Western Hemisphere issues, has pushed the proposal with the White House, the National Security Council and the State Department and is also pressing for the administration to expand the list of Cuban companies that can be sanctioned, which is another measure that Advisor Bolton mentioned in Miami on November 2.

Senator Rubio himself documented these actions in a November 1 press release. It said, “I applaud the Trump Administration for once again supporting the freedom-loving people of Cuba, Venezuela, and Nicaragua. No administration has taken stronger measures to defend democracy and target tyranny in Latin America than this one, As the Cuban regime continues to export its communist agenda throughout Latin America, the United States and our allies must keep prioritizing freedom and human rights in the Western Hemisphere. Today’s speech by Ambassador Bolton on the ‘Troika of Tyranny’ should make it clear to everyone that the Administration is not done yet.”[2]

This press release also included Senator Rubio’s 2018 actions supporting the people of Cuba, Venezuela and Nicaragua.

Another Administration advocate of increased hostile actions against Cuba is Mauricio Claver-Carone,the new National Security Council’s Senior Director for Western Hemisphere Affairs. He is a  Cuban-American attorney who was the executive director of the U.S. Cuba Democracy PAC (one of the most active pro-embargo groups in Washington) and Capitol Hill Cubans blog,[3]

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[1] Ordońez & Gámez Torres, White House considers allowing Cuban Americans to sue for island properties left behind, Miami Herald (Oct. 31, 2018).

[2] Senator Rubio, English & Spanish: Rubio Commends the Trump Administration’s Commitment to Human Rights and Democracy in Latin America (Nov. 1, 2018).

[3] Mauricio Claver-Carone, the new Latino on Trump’s team, Al Dia (Sept. 19, 2018).

U.S. National Security Advisor Announces New U.S. Hostility Towards Cuba

On November 1, immediately after the U.N. General Assembly’s overwhelming condemnation of the U.S. embargo (blockade) of Cuba that was discussed in a prior post, U.S. National Security Advisor John Bolton in a speech at Miami Dade College’s Freedom Tower announced new sanctions against Cuba, Venezuela and Nicaragua. The same day in an interview by the Miami Herald, Bolton made other assertions about the U.S. and Cuba.

Bolton’s Speech[1]

Bolton opened by saying the U.S. was “confronted once again with the destructive forces of oppression, socialism, and totalitarianism” and “the perils of poisonous ideologies left unchecked, and the dangers of domination and suppression.”

Now this administration “will no longer appease dictators and despots near our shores,. . . [and] will not reward firing squads, torturers, and murderers.” Instead the U.S. “will champion the independence and liberty of our neighbors . . . [and] will stand with the freedom fighters” against the “Troika of Tyranny in this Hemisphere—Cuba, Venezuela, and Nicaragua.”

“This Troika of Tyranny, this triangle of terror stretching from Havana to Caracas to Managua, is the cause of immense human suffering, the impetus of enormous regional instability, and the genesis of a sordid cradle of communism in the Western Hemisphere.” The “Cuban, Venezuelan, and Nicaraguan people suffer in misery because socialism has been implemented effectively. “

Bolton’s harshest rhetoric was reserved for the regime in Havana, which he accused of silencing “dissidents and suppressing every kind of freedom know to man.” There, “a brutal dictatorship under the façade of a new figurehead continues to frustrate democratic aspirations, and jail and torture opponents.”

“In Cuba, we continue to stand firmly with the Cuban people, and we share their aspirations for real, democratic change. Members of this administration will never take a picture in front of an image of Che Guevara, as Barack Obama did.. . . [The] National Revolutionary Police force [is] the agent of oppression of the Cuban people. This oppression of dissidents and suppressing every kind of freedom known to man is what typifies the regime in Havana.”

“Under this administration, there will no longer be secret channels of communication between Cuba and the United States.” (this suggests the elimination of various bilateral meetings on various subjects in Havana and Washington that were started in the Obama Administration and so far continued by the Trump Administration.[2])

“The [U.S.] will not prop up a military monopoly that abuses the citizens of Cuba.” The current U.S. “policy includes concrete actions to prevent American dollars from reaching the Cuban military, security, and intelligence services. . . .[We] have been tightening sanctions against the Cuban military and intelligence services, including their holding companies, and closing loopholes in our sanctions resolutions. In this respect, I believe that within days the administration will add over two dozen additional entities owned or controlled by the Cuban military and intelligence services to the restricted list of entities with which financial transactions by U.S. persons are prohibited. And I believe even more will come as well. The Cuban military and intelligence agencies must not profit from the United States, its people, its travelers, or its businesses.” (Nearly 200 agencies, companies and hotels already on the list.[3])

“In response to the vicious attacks on Embassy Havana, we have also scaled back our embassy personnel in Cuba. This President will not allow our diplomats to be targeted with impunity. And we will not excuse those who harm our highest representatives abroad by falsely invoking videos, or concocting some other absurd pretext for their suffering.”

“We will only engage with a Cuban government that is willing to undertake necessary and tangible reforms—a government that respects the interests of the Cuban people.”

Bolton even may have hinted at U.S. efforts to topple the governments in these three countries when he said, “We are an impatient people too and it’s time to see the people of those three countries have free governments.”

Bolton’s Interview[4]

In an interview the same day by the Miami Herald, Bolton again addressed the subject of U.S. diplomats who have suffered medical problems that surfaced while they were stationed in Cuba. “I think it’s very important that somebody must be held accountable for what happened to our diplomats. It’s a fundamental principle of how America operates in the world, that Americans abroad do not get harmed with impunity,”

“There is no conceivable theory [whether] it was accidental or somehow caused by some equipment malfunction” that absolves Cuba, Bolton said. “We are continuing to be concerned for the safety of our personnel. We are not satisfied with the performance of the government of Cuba respecting their security, so we are going to take a very careful look at that and make some decisions.”

Bolton also said the Administration was “seriously” considering new measures against the Cuban government, including allowing Cuban exiles whose properties were confiscated by the Castro government to file lawsuits in U.S. courts against foreign companies currently using those properties. (A provision of the Helms-Burton law that allows such lawsuits has been regularly suspended every six months by both Republican and Democratic presidents. Failure to suspend it again would allow the lawsuits to be filed.[5])

Other measures under consideration include insisting that Cuban workers on U.S. companies’ projects on the island be hired directly so that the workers  get to keep all of the wages paid by the companies, rather than have the Cuban government skim significant portions of those wages.

The U.S., said Bolton, opposes any increase of Russian involvement in Cuba and that hopefully the next time President Trump meets Putin that message will be communicated.

Reactions to Bolton’s comments[6]

Cuba immediately condemned Bolton’s harsh comments about the island., saying that the new sanctions were a futile attempt to change Cuban policies and would only further isolate the U.S. internationally.

“We energetically reject these measures which will impact the economy and country’s development on top of the impact of the economic blockade,” the Director of U.S. affairs at the Foreign Ministry, Carlos Fernandez de Cossio, said at a Havana press conference. “They will fail. They will not break the will of Cubans.”

In particular, the Cuban official attacked the possibility of the U.S.’ allowing  U.S. citizens whose property was seized by the Cuban government to sue foreign companies that have invested in the properties on the island. Fernandez de Cossio said such a measure would be unprecedented and violate international law, further isolating the U.S. “There is no possibility whatsoever for people who abandoned Cuba and abandoned property in Cuba to come back and claim them,” he said.

However, Cuba reiterated its openness “to having a frank, professional, open and respectful dialogue with the U.S. Cuba is open to discussing any topic, if it’s based in respect.”

Conclusion

Given Bolton’s long record of hostility towards Cuba, this speech and interview are not surprising. Yet as the Vox article stated, they sound “like a renewal of America’s Cold War stance toward Latin America, [when] US spent decades opposing, and in some cases fighting, communist forces. From Nicaragua to Guatemala to Chile, [and when] the US used its power to squash many left-leaning movements in the region mostly because of its opposition to the Soviet Union.”

Needless to say, John Bolton’s service as National Security Advisor, in this blogger’s opinion, is an unmitigated disaster on many levels, including these recent comments about U.S. policies regarding Cuba and other countries in Latin America. Yes, there are U.S.-Cuba disagreements, but the proper way to address, and hopefully resolve, them is through the ongoing, respectful bilateral meetings.

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[1] White House, Remarks by National Security Advisor Ambassador John R. Bolton on the Administration’s Policies in Latin America (Nov. 2, 2018); Ward, John Bolton just gave an “Axis of Evil” speech about Latin America, Vox (Nov. 1, 2018); Assoc. Press, US vows tough approach to Venezuela, Nicaragua and Cuba, Wash. Post (Nov. 1, 2018); U.S. National Security Advisor talks Venezuela, Russia and Cuba relations, and the alleged attacks on U.S. personnel in Cuba, Miami Herald (Nov. 1, 2018); Rogin, Bolton promises to confront Latin America’s ‘Troika of Tyranny,’ Wash. Post (Nov. 1, 2018); Gaouette, Bolton praises Brazil’s far-right leader, slams Latin America’s ‘troika of tyranny,’ CNN (Nov. 1, 2018); Rodriguez, Bolton praises Brazil’s Bolsonaro as a ‘like-minded’ partner, Politico (Nov. 1, 2018); Wemer, John Bolton Takes Latin American “Troika of Tyranny” to Task, Atlantic Council (Nov. 1, 2018); McBride, Trump Administration Tightens Sanctions Against Cuba, Venezuela, W.S.J. (Nov. 1, 2018).

[2] See these posts to dwkcommentaries: U.S. and Cuba’s Efforts To Continue Normalization (December 9, 2016); Recent U.S.-Cuba Developments (June 15, 2018); U.S. and Cuba Continue To Hold Dialogues on Common Issues (July 12, 2018).

[3] U.S. State Dep’t, List of Restricted Entities and Subentities Associated with Cuba as of November 9, 2017).

[4] Gámez Torres, Bolton: Somebody must be held accountable in Cuba attacks, Miami Herald (Nov. 1, 2018).

[5]   E.g., State Department Creates Cuba Internet Task Force and Suspends Enforcement of Statutory Liability for Trafficking in Certain Cuban Expropriated Property , dwkcommentaries.com (Jan. 25, 2018).

[6]  Assoc. Press, Cuba Condemn[s] US’s Latest Tough Talk About the Island, N.Y. Times (Nov. 2, 2018); Reuters, Cuba Lashes Out at Trump Administration Over New Sanctions, N.Y. Times (Nov. 2, 2018).

 

 

 

Discussion About Cuba at the Washington Conference on the Americas

On May 8 the U.S. Department of State hosted the Americas Society’s Council of the Americas’ 48th Annual Washington Conference on the Americas with U.S. administration senior officials and distinguished leaders from across the Americas to focus on the major policy issues affecting the hemisphere..[1]

The speakers at this event were Acting Secretary of State John J. Sullivan; U.S. Ambassador to the U.N., Nikki Haley; U.S. Senators Marco Rubio (Rep., FL) and Benjamin Sasse (Rep., NE); other U.S. State Government officials (U.S. Treasury Undersecretary for International Affairs, David Malpass; U.S. Agriculture Undersecretary of Trade and Foreign Agricultural Affairs, Ted McKinney; U.S. Acting Assistant Secretary of State for Western Hemisphere Affairs, Francisco Palmieri) plus Brazilian Ministry of Finance Secretary for International Affairs Marcello Estevão; and International Finance Corporation Chief Executive Officer Philippe Le Houérou.

The bulk of the comments were directed at combatting corruption and at criticizing Venezuela and then at Nicaragua with only a few barbs at Cuba, as discussed below.

Acting Secretary Sullivan’s Remarks[2]

Acting Secretary Sullivan said, “Our engagement in the Americas, of course, is not a recent phenomenon. Since the birth of our republic, the United States has had strong relationships in the Western Hemisphere, bonds built on geography, shared values, and robust economic ties. We strive to coexist peacefully and to do so in a mutually beneficial way.”

The U.S. “Caribbean 2020 strategy is increasing private sector investment in the Caribbean, promoting Caribbean energy security, and building resilience to natural disasters. The Caribbean Basin Security Initiative seeks to enhance maritime interdictions, build institutions, counter corruption, and foster cooperation to protect our shared borders from the impact of transnational crime.”

“Threats to the hemisphere occur on a number of other complex fronts, requiring coordinated and sophisticated responses. Whether building capacity to counter cyber threats, supporting de-mining in Colombia, or combating trafficking in persons, the United States is committed to being the security partner of choice for the Americas in the years ahead.”

“The United States is the top trading partner for over half of the 34 countries in the Western Hemisphere. Annually, we trade $1.8 trillion in goods and services with the hemisphere, supporting millions of jobs and leading to an $8 billion surplus in goods and services in 2017.”

“Underpinning our economic engagement is respect for the rule of law and shared values. Corruption both undermines and corrodes the confidence our citizens have in democratic institutions.”

“Finally, we must keep working together to ensure that the people in this hemisphere can live according to democratic values. . . . While most of the region enjoys democratic rule, a few outliers – Cuba, Nicaragua, and Venezuela – continue to undermine the region’s shared vision for effective democratic governance as enshrined in the Inter-American Democratic Charter.” (Emphasis added.)

The United States remains committed to championing freedom and to standing with the people of Venezuela and Cuba in their struggle to achieve the liberty they deserve. . . . We look to our partners – including governments and civil society organizations – to join us in speaking up whenever and wherever the hemisphere’s shared democratic principles come under attack.” (Emphasis added.)

U.S. Ambassador Haley’s Remarks[3]

“I am here today because the Trump Administration places a high priority on the Western Hemisphere, its security, its prosperity, and its freedom. And we recognize that the United States must reassert our leadership in the hemisphere.”

“I have seen time and time again at the United Nations that when the United States fails to lead, we suffer, and the world suffers. This is even more true in our relationships with other nations. There is no substitute for strong U.S. leadership, based on our values of political and economic freedom and respect for human rights.”

“The prosperity of the United States is critically tied to the prosperity of the hemisphere. Our future is bound up with our neighbors.”

“Among other things, we are each other’s largest and best trading partners. The United States sells more goods and services to our neighbors in the Western Hemisphere than we do to China, Japan, and India combined. While a lot of attention is placed on issues of trade with China, we should keep in mind that we trade nearly three times as much with the Western Hemisphere as we do with China.”

“We are also dependent on each other for our security.”

“And the principle that ties it all together is something else the United States has in common with most of our neighbors in the hemisphere – a commitment to freedom. . . . The western hemisphere is increasingly dominated by countries that share our political and economic principles.”

“The great human rights activist Natan Sharansky had a test for evaluating the freedom of societies that he called the “Town Square Test.” According to Sharansky, if someone can walk into a town square and express his or her views without being arrested, thrown in prison, or beaten, then they lived in a free society. If not, they lived in what he called a ‘fear society.’”

“As we look across the Americas, it’s pretty easy to tell the free societies from the fear societies. It’s a testament to the people of Latin America – and the love of freedom and dignity that exists in the human heart – that most of the hemisphere is free.”

“Across Latin America, the good news is that these challenges are increasingly dealt with through a commitment to the rule of law and democratic institutions. The region is far from perfection, but the progress is unmistakable.”

The democratic process  “has exposed the rot at the core of the Nicaraguan government. Like his patron in Caracas and his mentors in Havana, the Ortega government has stayed in power by rigging elections, intimidating critics, and censoring the media.” (Emphasis added.)

The Cuban-Venezuelan-Nicaraguan model of socialism, dictatorship, corruption, and gross human rights violations has proved to be a complete and total failure. It has caused the suffering of millions of people. (Emphasis added.)

“We cannot allow the last, few surviving authoritarians to drag down the hemisphere. As neighbors, the United States and all the nations of Latin America are bound together on this journey.”

Senator Rubio’s Remarks[4]

Senator Rubio’s hostile opinions regarding the Cuban government are well known and appear to be a major factor behind the Trump Administration’s policies on Cuba. At this conference, Rubio was brief. He said, “What I care about in Cuba is political freedoms. The ability to have independent political parties, and a free press and to speak your mind, that’s what I support in Cuba.” (Emphasis added.)

About a week later, a Rubio complaint led the State Department to cancel a seminar, titled “Cuba under [Miguel] Díaz-Canel,” because it only was going to feature speakers who support normalization with Cuba. The scheduled speakers were Carlos Saladrigas, president of the Cuba Study Group; Marguerite Jimenez of the Washington Office on Latin America; American University professor William LeoGrande; and Philip Peters of the Cuba Research Center. LeoGrande and Peters also are advisers to Engage Cuba, a bipaartisan coalition which favors lifting the U.S. embargo.

Americas Society Background[5]

The Americas Society “Is the premier forum dedicated to education, debate, and dialogue in the Americas. Its mission is to foster an understanding of the contemporary political, social, and economic issues confronting Latin America, the Caribbean, and Canada, and to increase public awareness and appreciation of the diverse cultural heritage of the Americas and the importance of the inter-American relationship.”

Its Council of the Americas is “the premier international business organization whose members share a common commitment to economic and social development, open markets, the rule of law, and democracy throughout the Western Hemisphere. The Council’s membership consists of leading international companies representing a broad spectrum of sectors, including banking and finance, consulting services, consumer products, energy and mining, manufacturing, media, technology, and transportation.”

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[1] State Dep’t, Deputy Secretary Sullivan To Deliver Opening Keynote Remarks at the 48th Annual Washington Conference on the Americas (May 7, 2018); Council of the Americas, Washington Conference on the Americas.

[2] U.S. Embassy in Havana, Remarks at 48th Annual Washington Conference on the Americas (May 8, 2018).

[3] Americas Society. Remarks: U.S. Ambassador Nikki Haley to the 48th Annual Washington Conference (May 8, 2018).

[4]  Press Release, VIDEO: Rubio Delivers Remarks at Annual Washington Conference on the Americas (May 8, 2018); Torres, State Department postpones event on Cuba after Sen. Rubio protests, Miami Herald (May 17, 2018).

[5] Americas Society, About AS/COS .

 

The Inauguration of Cuba’s New President, Miguel Díaz-Canel

On April 19, Miguel Diaz-Canel officially became Cuba’s new President of the Councils of State and Ministers. Born after the Revolution in 1960, he grew up in the central province of Villa Clara, about three hours from Havana, the son of a schoolteacher and a factory worker. He studied electrical engineering at the Central University of Las Villas, where he was active in political life. After service in the Cuban military and a civilian mission to Nicaragua, he started work for the Communist Party of Cuba in 1993, and has advanced within the Party and the government to the position of First Vice President of the Councils of State and Ministers before his inauguration as President.[1]

President Díaz-Canel’s Inaugural Address

Granma, the official newspaper of the Communist Party of Cuba, had the following introduction to the inaugural address: “On the morning of April 19, a historic date . . .  [which saw] the first defeat of Yankee imperialism [at the Bay of Pigs in 1961] . . . [and which now] . . . sees the inauguration of a new [Cuban] government that makes evident the continuity of the new generations with the legacy of the historic generation that founded the Cuban Revolution in the highest leadership positions of the country, compañero Miguel Mario Díaz-Canel Bermúdez,.”[2]

Below is a photograph of Díaz-Canel giving his speech.

Díaz-Canel began by recognizing the leadership of Army General Raúl Castro, the candidate for deputy to have received the most votes in the recent general elections; as well as the Comandante of the Revolution, “who on being in this room offers us the opportunity to embrace history.”

Díaz-Canel “also referred to the ‘dark attempts to destroy us’ of those who have not been able to destroy ‘our faith.’” (Emphasis added.)

With the inauguration of this new legislature, he emphasized, the electoral process comes to its conclusion. “The Cuban people, who have massively participated throughout, are conscious of its historic importance. They have elected their representatives based on their capacity to represent their localities, without media campaigns, corruption or demagoguery. Citizens have elected humble, hard-working people as their genuine representatives, who will participate in the approval and implementation of the country’s policies. This process has contributed to the consolidation of unity in Cuba.”

On the people’s expectations about this government, he stressed that the new Council of State must continue “acting, creating and working tirelessly, in a permanent bond with its dignified people.”

He also added that if anyone wanted to see Cuba in all its composition, it would be enough to look to its National Assembly, with women occupying decisive positions in the state and the government. However, he warned, it does not matter how much we resemble the country we are, if the commitment to the present and the future of Cuba is lacking. The raison d’être of the Councils of State and Ministers is the permanent link with the population.

Díaz-Canel pointed out that during the closing of the last Party Congress [in 2016], Army General Raúl Castro Ruz made it clear that his generation would hand over the flags of the Revolution and Socialism to the younger generations. This emphasizes the importance of the crucial mandate given by the people to this legislature, and as such its work in all areas of the nation’s life must be perfected.

“I assume this responsibility with the conviction that all we revolutionaries, from any trench, will be faithful to Fidel and Raúl, the current leader of the revolutionary process,” the new President of Cuba stated. (Emphasis added.)

He then stressed that the men and women who forged the revolution “give us the keys to a new fraternity that transforms us into compañeros and compañeras,” and highlighted, as another inherited achievement, the unity that has become indestructible within the Cuban Party, that was not born from the fragmentation of others, but from those who intended to build a better country.

For that reason, he said, “Raúl remains at the forefront of the political vanguard. He remains our First Secretary, as the reference that he is for the revolutionary cause, teaching and always ready to confront imperialism, like at the start, with his rifle at the ready in the moment of combat.” (Emphasis added.)

Regarding the revolutionary and political work of the Army General, he highlighted his legacy of resistance and in the search for the continued advancement of the nation. “He put his sense of duty ahead of human pain,” he said in reference to the loss of Comandante en Jefe Fidel Castro on November 25, 2016.

Likewise, he highlighted Raúl’s grandeur as a statesman, forming a national consensus, and the manner in which he led the implementation process of the country’s social and economic guidelines. He also highlighted how he had made the return of the Five Cuban Heroes [in December 2014] a reality, so longed-for by Fidel.

Raúl has marked Cuba’s international relations with his own spirit: he directed diplomatic relations with the United States; he led the rotating presidency of CELAC; Cuba’s hosting of the Colombian peace talks; and he has been present in all regional and hemispheric summits, always defending Our America. That is the Raúl we know, Díaz-Canel stressed.

The new Cuban President also recalled how the Army General, still very young, participated in the Granma expedition, undertook the struggle in the Sierra Maestra, was promoted to Comandante, and developed government experiences that would be applied in the country after the revolutionary triumph.

I am aware of the concerns and expectations at a moment like this, but I know the strength and wisdom of the people, the leadership of the Party, the ideas of Fidel, the presence of Raúl and Machado, and knowing the popular sentiment, I state before this Assembly that compañero Raúl will head the decisions for the present and future of the nation.” (Emphasis added.)

I confirm that Cuban foreign policy will remain unchanged. Cuba will not accept conditions. The changes that are necessary will continue to be made by the Cuban people.” (Emphasis added.)

He also called for the support of all those who occupy leadership responsibilities at different levels in the nation, but, above all, of the people. “We will have to exercise an increasingly collective leadership. Strengthening the participation of the people.”

“I do not come to promise anything, as the Revolution never has in all these years. I come to fulfill the program that we have implemented with the guidelines of Socialism and the Revolution.” (Emphasis added.)

And as for the enemies of the revolutionary process, he said: “Here there is no space for a transition that ignores or destroys the work of the Revolution. We will continue moving forward without fear and without retreat; without renouncing our sovereignty, independence and development programs.”

“To those who through ignorance or bad faith doubt our commitment, we must tell them that the Revolution continues and will continue. The world has received the wrong message that the Revolution ends with its guerrillas.” (Emphasis added.)

Former President Raúl Castro’s Response

 Immediately after the inaugural address, Raúl Castro, the former President and still the General Secretary of the Communist Party of Cuba, closed the second plenary session of the National Assembly of Popular Power [Cuba’s national legislature], with the following remarks:[3] Below is a photograph of Castro during his speech.

Castro recalled the victory of Cuba during the mercenary invasion of Playa Girón [Bay of Pigs]. “That moment was of great importance, especially when Fidel declared the socialist nature of the Revolution, he said.”

“He also pointed out the opportunity of recognizing the work carried out by the electoral commissions and of candidates to all the instances, as well as of the set of institutions that collaborated for the good performance of the elections. He also congratulated the elections of the National Assembly to the State Council of the country.”

Castro  “said that Miguel Mario Díaz-Canel Bermúdez had worked as an engineer, and his work as an officer of the FAR. Then he was proposed as a professional cadre of the Union of Young Communists, from where he gradually rose to achieve his promotion as a Professional Party cadre.”

He pointed out that Díaz-Canel, during the [most acute phase of the] Special Period “was a member of the Provincial Party Committee in Villa Clara, where he spent nine years. Then he spent six years in Holguín. “He was born in Villa Clara, where he was quiet, because it was a territory he knew well; and it was after that that he was sent to one of the great provinces of the east, Holguin, as we did with more than a dozen young people, most of whom came to the Political Bureau, but who failed to be promoted. He was the only survivor.

Castro also stressed that Díaz-Canel had been a member of the Central Committee since 1991 and was promoted to the Political Bureau 15 years ago. He fulfilled a mission in Nicaragua and graduated from the National Defense College. In 2009 he was appointed Minister of Education. Five years ago he was elected First Vice President of the Councils of State and Ministers; and since then “a group of members of the Political Bureau had the feeling that we had hit the nail on the head,” referring to Díaz’s ability to assume the presidency. He was responsible in the ideological sphere of the Central Committee of the Party.

Raul pointed out that the election of Diaz-Canel is not a coincidence “because of his preparation he is the best and we know that because of his dedication he will have absolute success in the task entrusted to him by our supreme body of ‘Popular Power.” (Emphasis added.)

Comrade Díaz-Canel over the years he has demonstrated work capacity, ideological solidity and commitment to the Revolution.

The National Assembly of Popular Power has 42% new members and a female representation of 48.4%. Castro emphasized that women, young people and people of color occupy decision-making positions in the life of the nation.

“It is up to the Party, the State and the Government to fulfill and enforce, with due intentionality, the promotion of young people, women and mestizos, to posts that guarantee the renewal of the revolution.

He welcomed the ratification of the presidency of the National Assembly, and the proposal of Diaz-Canel, as allowed by the Constitution, so that the Council of Ministers will be made known at the next session of the Assembly, which will take place in July, because that it will allow for a prudent time for the movements of paintings to be made.

I will continue to serve as Second Secretary of the Central Committee of the PCC, in what is my second and last mandate, which ends in 2021, when we will complete the transfer to the new generations. From then on, I will be one more soldier with the people defending this Revolution. So that there is not the slightest doubt, I want to emphasize that the PCC, in the figure of its First Secretary, will continue supporting the [new] president.” (Emphases added.)

Regarding the new generations, he warned that one of the permanent bets of the enemy is to penetrate, confuse and alienate youth from the ideals of the work and the revolutionary culture leading them instead towards disengagement towards ethics, solidarity and the sense of duty.

Castro said that in the next constitution there will be no changes in the strategic objective of the Party, which our people will support as in 1976, when Cubans voted in favor of the current constitution with 98% support.

He pointed out that in the Plenary Session of the Central Committee held in March of this year, the economic and social status of the nation was analyzed. The new constitution has lagged behind us, he clarified, because the country’s main problems are not resolved, because the participation of the organisms from the base was not achieved for the adequate implementation of the adopted policies.

We never had any illusions that it would be a short and easy process, because its dimensions reached all sectors of society, and we had to overcome egalitarianism and its negative consequences in the national economy, he added.

In the case of the socioeconomic context of the nation, Castro assured that the experiment of the non-agricultural cooperatives will continue and with respect to the monetary duality he said that he continues to give serious headaches, as well as the need for wage reform. He also emphasized the need for a coherent communication policy. (Emphasis added.)

He also recalled the difficult circumstances in which the country’s economy had to develop, and the considerable damages caused by the intense drought of the last 3 years and the recent hurricanes that affected most of the country. (Emphasis added.)

With regard to foreign debt, he stressed that a renegotiation has been carried out, which has helped to free the new generations of a sword of Damocles and the consequent restitution of the credit prestige of the country. The Army General congratulated the Minister of Economy, Ricardo Cabrisas, on his performance in that process.

He also made a call to save resources, claiming that we usually ask for too much, so we have to plan better.

“Defend unity, resist and resist, that is the duty of revolutionaries,” he said.

Regarding foreign policy issues, said the recent Summit of the Americas  was marked by the neo-hegemonic attitude of the United States, whose commitment to the Monroe Doctrine was ratified, especially with the exclusion of Venezuela from that international event. (Emphasis added.)

It was known that they would set up a show, and Cuba went to Lima with its own right and its head high, which confirms the determination of the Cubans to defend their principles and their values. The Cuban delegation, together with that of Bolivia and other countries, prevented a single front against Venezuela. The interventions of our foreign minister, on behalf of the government and Cuban people, constituted a worthy response against the contents of the interventionist speech of the Vice President of the United States, Raul said. (Emphasis added.)

“The members of civil society defended the voice of Cuba and the peoples of America with vigor. I take this opportunity to congratulate all the members of the Cuban delegation that participated in this event, “he said.

The Army General stressed Cuba’s commitment to ALBA because we are the world’s region of greatest inequality in the distribution of wealth, and the gap between rich and poor is huge and growing despite the efforts made in the past decades, when Progressive governments pushed for policies to mitigate this evil, he said.

He rejected accusations of human rights violations in Cuba. He highlighted diplomatic relations with the European Union and the progress of ties with China. (Emphasis added.)

“In just 11 days our people will march together united by our streets and squares commemorating the International Labor Day and showing the majority support of the Cubans to the Party and its Revolution.

Conclusion

As anticipated, these comments by Díaz-Canel and Castro demonstrate a collective intention to continue Cuba’s current direction, domestically and internationally. Their mutual admiration is shown in the photograph below.

In another post we will look at U.S. reaction to the change in Cuba leadership. Some of that reaction was recorded before the actual inaugural of Díaz-Canel.

 

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[1] Ahmed & Robles, Who Is Miguel Díaz-Canel, Cuba’s New President? N.Y. Times (April 19, 2018); Cordoba, After 59 Years, a Castro Is No Longer Official Leader of Cuba, W.S.J. (April 19, 2018).

[2] Miguel Díaz-Canel: I assume this responsibility with the conviction that all the revolutionaries will be faithful to Fidel and Raúl (+Video), Granma (April 19, 2018).

[3] Raúl Castro: The Communist Party will continue to support the new President, Granma (April 19, 2018).

 

U.S. Secretary of State Tillerson Criticizes Aspects of U.S.-Cuba Normalization          

U.S. Secretary of State Rex Tillerson on June 13 criticized at least some aspects of U.S. normalization of relations with Cuba. He did so during a Senate Foreign Relations Committee hearing over the State Department’s proposed budget for Fiscal Year 2018 (October 1, 2017—September 30, 2018) that is 30% less than the current budget, including a total elimination of funding for so-called democracy promotion programs through the U.S. Agency for International Development (USAID). [1]

The Committee Chair, Bob Corker (Rep., TN), said that he knew President Trump would announce certain changes to Cuba policy this Friday in Miami and asked Mr. Tillerson to explain these upcoming changes. The Secretary responded as follows:

  • “The general approach is to allow as much of this continued commercial and engagement activity to go on as possible because we do see the sunny side…we see the benefits of that to the Cuban people. But on the other hand, we think we have achieved very little in terms of changing the behavior in the regime in Cuba, its treatment of people, and it has little incentive today to change that. In fact, our concern is they may be one of the biggest beneficiaries of all of this, which just again promotes the continuance of that regime. As we’re developing these business relationships and as we’re enjoying the benefits of the economic and development side, are we inadvertently or directly providing financial support to the regime? Our view is we are.”

Senator Corker said he understood that American businesses are eager to operate in Cuba, but cited Cuba’s continuing shortcomings in free expression and other civil liberties. The Senator added, “I do hope we end up with a policy that, over time, will cause the Cuban people themselves to be able to reach their aspirations. It’s a country that has incredible potential.”

Tillerson also said the Obama policy of engagement had “financially benefited the island’s government in violation of U.S. law” and that Cuba “must begin to address human rights challenges” if it wants the U.S. to continue such normalization. Tillerson acknowledged that normalization has led to an increase in U.S. visitors and U.S. business ties. However, Tillerson added: “We think we have achieved very little in terms of changing the behavior of the regime in Cuba …. and it has little incentive today to change that.”

Tillerson agreed that moves toward more normal relations with the United States have helped some Cubans lift themselves out of poverty and provided opportunities for U.S. companies. But, he observed, there is a “dark side” to relations with Cuba, noting that the government in Havana continues to jail political opponents and harass dissidents. “We are supportive of the continued economic development, as long as it is done in full compliance with our existing statutes to not provide financial support to the regime,” Tillerson said. “That’s the focus of our current policy review.”

The State Department’s proposed budget’s elimination of so called “democracy promotion” programs for Cuba and other countries through the U.S. Agency for International Development (USAID) drew the attention of Senator Robert Menendez (Dem., NJ), a Cuban-American and fierce critic of U.S.-Cuba normalization. He said, ““I am appalled that you have completely zeroed out Democracy Assistance for countries including Cuba, Venezuela, and Nicaragua. As brave citizens continue to risk their lives advocating for the basic freedoms we enjoy here, this budget sends a message that the United States is no longer on their side, and abandoning the pursuit of justice. It effectively withdraws American leadership around the world, pushing the door open for Russia and China to increase their scope of influence.”

As a result, Menendez asked Tillerson, “Does this administration believe that support of democracy and human rights is a reflection of American leadership and values?” After Tillerson said “Yes,” Menendez asked, “How can you say that then when the budget completely zeros out assistance for democracy assistance?” Tillerson then tried to avoid the question by saying that other parts of the budget could be used for the task.”

More generally at the hearing Committee members, both Democrats and Republicans, expressed great skepticism over the proposed budget’s 30% reduction. Senator Corker said he and his staff had quit trying to analyze the details of the proposed budget because such an effort was “a total waste of time” as the proposed budget “is not going to be the budget that we’re going to deal with. It’s just not.” Another member, Senator Lindsay Graham (Rep., SC) became almost “derisive” as he contrasted global needs with the proposed budget that, he said, was putting the lives of U.S. diplomats at risk.

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[1] Rumors of Upcoming Trump Administration Rollback of U.S. Normalization of Relations with Cuba, dwkcommenetaries.com (May 25, 2017): Reuters, Tillerson Signals Tough Trump Administration Stance on Cuba, N.Y. Times (June 13, 2017); Harris, Will Cuts Hurt Diplomacy? Tillerson Tries to Ease Senate’s Worries, N.Y. Times (June13, 2017); Schwartz, Trump Plans Rollback of Obama Cuba Policy, W.S.J. (June13, 2017); Press Release: Corker Credits Secretary Tillerson for Unprecedented Outreach (June 13, 2017); Press Release: Menendez Pushes Tillerson on Cuts to State Department Human Rights (June 13, 2017); U.S. State Dep’t, FY 2018 Budget Testimony (June 13, 2017).

 

U.S. Ends Special Immigration Benefits for Cubans

On January 12, the U.S. announced that it is ending, effectively immediately, the “dry foot” immigration policy for Cubans and the Cuban Medical Professional Parole Policy. Below we will examine these cancelled policies, the U.S. announcement of the policy changes, Cuba’s announcement of the U.S. policy changes and reactions to the changes.

The Cancelled U.S. Policies[1]

The “dry feet” policy has allowed any Cuban who arrived on land (with “dry feet”) at a U.S. point of entry to come into the U.S. and, absent negative factors, qualify for U.S. permanent residency status after one year. This policy originated soon after the early years of the Cuban Revolution before the U.S. in 1967 had ratified the international treaty on refugees and before it had adopted in 1980 a statute implementing that treaty (the Refugee Act of 1980) and when the U.S. assumed that all Cubans arriving in the U.S. were fleeing persecution.

This policy originally included Cubans who were intercepted on the water by the U.S. Coast Guard. However, in response to the Cuban Government’s legitimate concerns about the personal safety of Cubans attempting to reach the U.S. on unsafe boats, the U.S. (Bill Clinton Administration) and Cuba on September 9, 1994, reached an agreement whereby the U.S. would return to Cuba its nationals who were intercepted at sea, i.e., who had “wet feet.”

The U.S. Cuban Medical Professional Parole Policy, which was adopted on August 11, 2006, allowed “Cuban medical personnel conscripted to study or work in a third country under the direction of the Cuban government to enter the U.S.” It was available to “health-care providers who are sent by the [Cuban government] to work or study in third countries and who . . . are often denied exit permission by the Cuban Government to come to the [U.S.] when they qualify under other established legal channels to migrate from Cuba. Doctors, nurses, paramedics, physical therapists, lab technicians and sports trainers are examples of groups that may qualify for the . . . program.”

U.S. Announcement of the Change[2]

 On January 12 President Obama announced that the U.S. “is ending the so-called “wet-foot/dry foot” policy, which was put in place more than twenty years ago and was designed for a different era.  Effective immediately, Cuban nationals who attempt to enter the [U.S.] illegally and do not qualify for humanitarian relief will be subject to removal, consistent with U.S. law and enforcement priorities.  By taking this step, we are treating Cuban migrants the same way we treat migrants from other countries. The Cuban government has agreed to accept the return of Cuban nationals who have been ordered removed, just as it has been accepting the return of migrants interdicted at sea.”

The President also said the U.S. is “ending the Cuban Medical Professional Parole Program. The [U.S.] and Cuba are working together to combat diseases that endanger the health and lives of our people. By providing preferential treatment to Cuban medical personnel, the medical parole program contradicts those efforts, and risks harming the Cuban people.  Cuban medical personnel will now be eligible to apply for asylum at U.S. embassies and consulates around the world, consistent with the procedures for all foreign nationals.”[3]

This termination follows months of negotiations with the Cuban government over the latter’s agreeing to accept returning Cubans.

Nearly simultaneously with the President, Jeh Johnson, the Secretary of the U.S. Department of Homeland Security (DHS), which includes the U.S. Immigration and Customs Enforcement (ICE), issued a statement: “To the extent permitted by the current laws of our two countries, the [U.S.] will now treat Cuban migrants in a manner consistent with how it treats others; unauthorized migrants can expect to be removed unless they qualify for humanitarian relief under our laws.”  The Department also released a Fact Sheet and the Joint Statement of the two governments about the change. Johnson pointed out that Cuba will take back citizens as long as less than four years have passed between the time the migrant left Cuba and the start of the U.S. deportation proceedings.

These changes do not affect U.S. law regarding “refugees” fleeing persecution in their home countries. Thus, if a Cuban fears “persecution” upon returning to the island, then the individual may apply for asylum in the U.S. as a “refugee” under international and U.S. law if the individual can establish that he or she has a “well-founded fear” of “persecution” in Cuba “due to” his or her “political opinion, race, religion, nationality or membership in a particular social group.” (Statutory words are in quotes.) They may do so in the U.S. or at an U.S. embassy or consulate in another country.[4]

Cuban Announcement of the Change[5]

Welcoming this change, the Cuban Government stated, “After nearly a year of negotiation and encouraged by the restoration of diplomatic relations on July 20, 2015, based on mutual respect and political will to strengthen these links and establish new understandings on various issues of common interest, [the two] governments were able to concretize this commitment that should contribute to the normalization of migration relations. . . .”

The U.S. “wet foot-dry foot” policy gave Cubans “preferential and unique treatment not received by citizens of other countries, so it was also an incitement to illegal departures. Its implementation and that of other policies led to migratory crises, kidnapping of ships and aircraft and the commission of crimes, such as trafficking in migrants, trafficking in persons, immigration fraud and the use of violence with a destabilizing extraterritorial impact on other countries of the region [that were] used [for] transit to arrive at American territory.”

This change will meant that the U.S., “consistent with its laws and international norms, shall return to the Republic of Cuba, and the Republic of Cuba, consistent with its Laws and international norms, will receive all Cuban citizens, who . . . are detected by the competent authorities of the [U.S.] when they tried to enter or stay irregularly in that country, violating its laws.”

The U.S. “Parole Program for Cuban Medical Professionals, which was part of the arsenal to deprive the country of doctors, nurses and other professionals of the sector, . . . and an attack against Cuba’s humanitarian and solidarity medical missions in Third World countries that need it so much. This policy prompted Cuban health personnel working in third countries to abandon their missions and emigrate to the [U.S.], becoming a reprehensible practice that damaged Cuba’s international medical cooperation programs.”

It “will also be necessary for the U.S. Congress to repeal the Cuban Adjustment Act of 1966.”

Unaffected are prior agreements “to prevent illegal departures by sea and to return to Cuba all persons who are intercepted in those acts or who enter the Guantánamo Naval Base. The Government of the United States will continue to guarantee regular migration from Cuba with a minimum of 20,000 people per year.”

“Both governments agreed to apply their migration laws in a non-selective manner and in accordance with their international obligations. They also undertook to prevent risky exits that endanger human life, to prevent irregular migration and to combat violence associated with such manifestations, such as trafficking and trafficking in persons.” In addition, “the parties will promote effective bilateral cooperation to prevent and prosecute those involved in trafficking in persons, as well as crimes associated with migratory movements, which endanger their national security, including the hijacking of aircraft and vessels.”

“In keeping with its international obligations and its legislation, the Government of the Republic of Cuba ratifies its commitment to guarantee regular, safe and orderly migration, as well as to fully comply with this new agreement for which the corresponding measures have been taken internally. It will continue to guarantee the right to travel and emigrate to Cuban citizens and to return to the country, in accordance with the requirements of immigration law.”

The Cuban Government also published the Joint Statement of the two governments as had DHS in the U.S.

At a press conference on January 12 Josefina Vidal, the Cuban Foreign Ministry official responsible for relations with the U.S., said that the joint “agreement recognizes the need to facilitate regular migration for the benefit of both countries, to prevent irregular migration and to prevent risky exits that endanger human life and to combat violence associated with this phenomenon and related offenses, such as trafficking in persons and trafficking in persons.”

Vidal was joined by Gustavo Machin, the Deputy Director of the United States Department of the Cuban Foreign Ministry, who summarized the joint agreement. He added that “Cuba will accept that persons who were included in the list of 2,746 Cuban citizens who migrated by the port of Mariel in 1980 [“the Mariel boat lift”] and were considered ineligible to remain in the [U.S.], . . and [those] who cannot now be returned will be replaced by other persons and returned to Cuba. Cuba will also consider receiving other Cuban citizens who are currently in the [U.S.], who violated [U.S.] laws and whom U.S. authorities have determined cannot remain in its territory.”

 Reactions to the Change[6] 

As to be expected, U.S. congressional response was mixed.

Senator Patrick Leahy (Dem, VT) said, “This is a welcome step in reforming an illogical and discriminatory policy that contrasted starkly with the treatment of deserving refugees from other countries.” Senator Jeff Flake (Rep., AZ) stated that eliminating the policy “is in our national interest. It is a win for taxpayers, border security, and our allies in the Western Hemisphere. It’s a move that brings our Cuba policy into the modern era while allowing the United States to continue its generous approach to those individuals and refugees with a legitimate claim for asylum.”

Representative Kathy Castor (Dem., FL) and co-author of a bill to end the embargo (H.R.-442), https://dwkcommentaries.com/2017/01/12/representatives-emmer-and-castor-introduce-bill-to-end-embargo-of-cuba/ said, ““The end of the “wet foot/dry foot” policy should be followed by congressional action to lift the outdated economic embargo and improve economic conditions for everyday Cubans. . . . I have witnessed how the ‘wet foot, dry foot’ policy created an uneven playing field for immigrants from other Caribbean nations who are also seeking the opportunity to pursue the American dream.    I have also seen Cubans who try to come here for short term visits to see family members negatively affected by ‘wet foot/dry foot.’  The change in policy today will help ensure that we can have safer and more orderly migration with all of our Caribbean neighbors.”

Senator Marco Rubio (Rep., FL) said that the incoming Trump administration should reverse the part of the executive order ending the medical parole system and that there should be assurances that Cubans “who arrive here to escape political persecution are not summarily returned to the regime [but] . . . are given a fair opportunity to apply for and receive political asylum.”

Representative Illeana Ros-Lehtinen, a Florida Republican who emigrated from Cuba as a child, decried the elimination of the medical parole programs, calling it a “foolhardy concession to a regime that sends its doctors to foreign nations in a modern-day indentured servitude.”

According the Senator Robert Menendez (Dem., NJ), “Today’s announcement will only serve to tighten the noose the Castro regime continues to have around the neck of its own people.” He added, “The Obama administration seeks to pursue engagement with the Castro regime at the cost of ignoring the present state of torture and oppression, and its systematic curtailment of freedom.”

A positive view of the change was taken by Peter Kornbluh, a co-author of “Back Channel to Cuba,” which recounts the secret negotiations between the United States and Cuban governments that forged the policy of engagement. He said, “The exceptionalism of the ‘wet foot, dry foot’ policy toward Cuba is a relic of the Cold War, and this decision by the administration is really its final effort to normalize an area of interaction between Cuba and the United States, migration, that is clearly in need of normalization.”

James Williams, the President of Engage Cuba, the leading coalition of private companies and organizations working to end the travel and trade embargo on Cuba, said these changes are “a logical, responsible, and important step towards further normalizing relations with Cuba. The ‘wet foot, dry foot’ policy has been an enduring problem that decades of hostility and isolation failed to solve. This change, which has long had strong bipartisan support, would not have been possible without the re-establishment of diplomatic relations with Cuba.”

Phil Peters, president of the Cuba Research Center, said that the number of Cubans entering the United States is actually much higher because tens of thousands more overstay their visitor visas and still others migrate legally. “This is a favor to Trump because it’s a tough measure to take, but it’s the right measure to take,” Mr. Peters said. “These are economic migrants coming here that, unlike any other nationality, get a big package of government benefits without any justification.”

Kevin Appleby of the Center for Migration Studies of New York praised the specific change, while questioning the broader rules covering asylum. “The good news is that it ensures equal treatment between Cubans and asylum-seekers from other nations,” he said. “The bad news is that our asylum system is broken and does not afford adequate due process and protection to those who need it.”

Support for this change of policy also was voiced by Pedro Freyre, the chair of the international practice group of the Washington, D.C. office of law firm Akerman LLP. He observed, “This partially closes Cuba’s escape valve and will put pressure on Cubans to move forward more rapidly with reforms.” For years, he said, the last resort for Cubans frustrated with the lack of opportunity on the island has been to hire a “lanchero,” or people smuggler and attempt to reach the U.S. “Now they will have to look inward to see what they can do to fix Cuba.” The same opinion was offered by Jorge Mas, president of the Cuban American National Foundation, who welcomed the change and said it would pressure the Cuban government to improve conditions on the island.

Average Cubans and opponents of the island’s communist leaders said they expected pressure for reform to increase with the elimination of a mechanism that siphoned off the island’s most dissatisfied citizens and turned them into sources of remittances supporting relatives who remained on the island. This point was emphasized by Benjamin Rhodes, White House Deputy National Security Advisor and a principal negotiator of the rapprochement, saying, “It’s important that Cuba continue to have a young, dynamic population that are clearly serving as agents of change.”

Last year thousands of Cubans who were seeking to reach the U.S. border with Mexico and to come into the U.S. with “dry feet” created major logistical and financial problems for Mexico, Guatemala, Honduras, El Salvador, Nicaragua, Costa Rica and Panama and to a lesser extent Colombia and Ecuador. This naturally upset the governments of those countries, especially when their citizens were not eligible for these U.S. immigration policies.

Therefore, these governments welcome the U.S. terminating the policies. El Salvador’s foreign ministry said, “There cannot be migrants of different categories.” Honduras said it would wait to see if the flow of Cubans actually declined.

Cubans who had left their homeland and were now trying to reach U.S. soil when the decision was announced lamented the policy change. “It has fallen on us like a bucket of water because were never thought that at this point and with so little time before Obama leaves office that his government would make this horrible decision,” said Eugenia Diaz Hernandez, a 55-year-old Cuban in Panama whose voyage with her daughter and granddaughter had taken her through Guyana, Brazil, Peru, Ecuador and Colombia. “We are adrift.” Another Cuban, Jose Enrique Manreza, who ran a soda warehouse in Havana, is now stranded in Mexico, after selling his house and belongings in Cuba to raise $10,000 for his journey to reach the U.S. “Imagine how I feel, after I spent six days and six nights running through rivers and jungles in the humidity.”

Conclusion

This policy change, in my opinion, was long overdue. I pray and hope that the incoming Trump Administration will not reverse this change.

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[1] U.S. Dep’t of State, Cuban Medical Professional Parole Program (Jan. 26, 2009)  See generally posts listed in the “Cuba Migration to U.S.” and “Cuban Medical Personnel & U.S.” sections of List of Posts to dwkcommentaries.com—Topical: Cuba.

[2] White House, Statement by the President on Cuba Policy Changes (Jan. 12, 2017); Dep’t Homeland Security, Statement by Secretary Johnson on the Continued Normalization of Our Migration Relationship with Cuba (Jan. 12, 2017); Dep’t Homeland Security, Fact Sheet: Changes to Parole and Expedited Removal Policies Affecting Cuban Nationals (Jan. 12, 2017); Dep’t Homeland Security, Joint Statement [of U.S. and Cuba regarding changes in U.S. immigration policies] (Jan. 12, 2017); Reuters, Obama Administration Ends Special Immigration Policy for Cubans, N.Y. Times (Jan. 12, 2017); Assoc. Press, Obama Ends Visa-Free Path for Cubans Who Make It to U.S. Soil, N.Y. Times (Jan. 12, 2017); Caldwell & Pace (AP), Obama making change to Cuban immigration policy, Wash. Post (Jan. 12, 2017); DeYoung, Obama ending ‘wet-foot, dry foot’ policy allowing Cubans reaching U.S. soil to stay and receive residency, Wash. Post (Jan. 12, 2017); Davis & Robles, Obama Ends Exemption for Cubans Who Arrive Without Visas, N.Y. Times (Jan. 12, 2017); Lee, Schwartz & Córdoba, U.S. Ends ‘No-Visa’ Era for Cuban Emigrés, W.S. J. (Jan. 12, 2017).

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

[4] Convention Relating to the Status of Refugees, Art. I (A); 8 U.S.C. §1101(a)(42)See generally the following dwkcommentaries.com blog posts: Refugee and Asylum Law: Modern Era (July 9, 2011); Refugee and Asylum Law: Office of U.N. High Commissioner for Refugees (July 10, 2011); Becoming a Pro Bono Asylum Lawyer (May 24, 2011);Teaching the International Human Rights Course (July 1, 2011).

[5] Cuba Foreign Ministry, Declaration of Revolutionary Government (Jan. 12, 2017); Cuba Foreign Ministry, Joint Declaration Cuba-United States (Jan. 12, 2017); Cuba ratifies its commitment to regular, safe and orderly migration, Granma (Jan. 12, 2017); Assoc. Press, Havana Hails End to Special US Immigration Policy for Cubans, N.Y. Times (Jan. 13, 2017).

[6] Flake Statement on Elimination of Wet Foot, Dry Foot Policy (Jan. 12, 2017); Menendez Statement on Latest Cuba Policy Changes (Jan. 12, 2017); Rubio Comments on Obama Administration Changes to Cuba Policy (Jan. 12, 2017);Castor, Statement on Ending “Wet Foot/DryFoot” (Jan. 12, 2017); Engage Cuba Statement on Administration ‘Wet Foot, Dry Foot’ Policy Announcement (Jan. 12, 2017);Ben Rhodes: ‘There is bipartisan support’ for Congress to repeal the Adjustment Act, Diario de Cuba (Jan. 13, 2017); Wheaton, Obama’s shift on Cuban immigrants could put Trump in a bind, Politico (Jan. 12, 2017); Reuters, Cubans on Road to U.S. Distraught About Newly Closed Border, N.Y. Times (Jan. 13, 2017).

 

 

 

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

                                                                                       O

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

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

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

The Actual Resolution

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

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

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

Cuba’s Presentation of the Resolution

Bruno Rodriguez
Bruno Rodriguez

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Other Countries’ Statements of Support[3]

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

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

U.S. Abstention[4]

Samantha Power
Samantha Power

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

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

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

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

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

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

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

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

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

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

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

U.S. Reactions[7]

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

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

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

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

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

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

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

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

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

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

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