Biden Administration Announces Proposed Restrictions on Asylum Applications

On February 21, the Biden Administration announced a proposed rule that would  require rapid deportation of an immigrant at the U.S. border who had failed to request protection from another country while en route to the U.S. or who had not previously notified the U.S. via a mobile app of their plan to seek asylum in the U.S. or who had applied for the new U.S. humanitarian parole programs for certain countries (Cuba, Haiti, Nicaragua and Venezuela). This rule will take effect on May 11, with the expected termination that day of Title 42 that allowed the U.S. to swiftly expel migrants at the U.S. border.[1]

This announcement stated that the new rule would “incentivize the use of new and existing lawful processes and disincentivize dangerous border crossings, by placing a new condition on asylum eligibility for those who fail to do so. These steps are being taken in response to the unprecedented western hemispheric migration challenges – the greatest displacement of people since World War II – and the absence of congressional action to update a very broken, outdated immigration system.”

DHS Secretary Alejandro N. Mayorkas stated, “We are a nation of immigrants, and we are a nation of laws. We are strengthening the availability of legal, orderly pathways for migrants to come to the United States, at the same time proposing new consequences on those who fail to use processes made available to them by the United States and its regional partners. As we have seen time and time again, individuals who are provided a safe, orderly, and lawful path to the United States are less likely to risk their lives traversing thousands of miles in the hands of ruthless smugglers, only to arrive at our southern border and face the legal consequences of unlawful entry.”

Attorney General Merrick B. Garland added the following: “The Department of Justice is responsible for administering the Nation’s immigration courts and ensuring that claims are adjudicated expeditiously, fairly, and consistent with due process. This proposed rule will establish temporary rules concerning asylum eligibility in those proceedings when the Title 42 order is lifted. We look forward to reviewing the public’s comments on this proposed rule.”

The Administration says that without this new rule, immigration at the U.S. border would “increase significantly, to a level that risks undermining the … continued ability to safely, effectively and humanely enforce and administer U.S. immigration law.”

Reactions to the New Rule[2]

“In a joint statement, Democratic Sens. Bob Menendez (N.J.), Cory Booker (N.J.), Ben Ray Luján (N.M.) and Alex Padilla (Calif.) called on the administration to drop the proposed rule. “We are deeply disappointed that the administration has chosen to move forward with publishing this proposed rule, which only perpetuates the harmful myth that asylum seekers are a threat to this nation. In reality, they are pursuing a legal pathway in the United States.”

 A similar reaction came from leading Democratic House members (Rep. Jerrold Nadler and Pramila Jayapal). In their joint statement, they expressed “deep disappointment” with the newly proposed rule and stated, “The ability to seek asylum is a bedrock principle protected by federal law and should never be violated. We should not be restricting legal pathways to enter the United States, we should be expanding them.”

“Krish O’Mara Vignarajah, president and CEO of Lutheran Immigration and Refugee Service, said they applaud the expanded pathways for those four countries announced in January but question where that leaves migrants from other countries. She says it favors people with resources who can afford the necessary requirements of finding a financial sponsor and buying a plane ticket to the U.S. And some people are so at risk, they simply cannot wait in their country for a humanitarian parole slot. Critics have also highlighted technological problems with the app.”

“The Federation for American Immigration Reform said that the rule isn’t designed to halt migrants as much as make the process more orderly: “In other words, the real objective is not to end large-scale asylum abuse, but rather to get them through the next election cycle.”

Justice Action Center’s counsel, Jane Bentrott, said the proposed rule “would send asylum seekers back to danger, separate families, and cost lives, as human rights advocates have been asserting for weeks. It is in direct contravention of President Biden’s campaign promises to reverse Trump’s racist, xenophobic immigration policies, and give all folks seeking safety a fair shot at asylum.”

Lindsay Toczylowski, the executive director of Immigrant Defenders Law Center in California, criticized the inept operations of the government’s online system for scheduling an asylum application interview. “It’s almost like a lottery. You have to win a ticket to be able to seek protection in the U.S.”

An ACLU attorney, Lee Gelernt, who successfully challenged similar efforts by the Trump Administration, said that Biden’s new proposed rules had the same legal flaws as the Trump rules  and that the ACLU would sue to block the latest move.

Although this blogger has been a pro bono attorney for asylum applicants and more generally an advocate for strong U.S. laws and procedures for same and although he is sympathetic to the above criticisms of the new proposed rules, it must be acknowledged that there is nothing in the international treaty or U.S. statutes on asylum that requires the U.S. to provide asylum interviews at the border to undocumented immigrants. Moreover, this and related changes in U.S. asylum laws and procedures are counterbalanced by new procedures in U.S. law for asylum or parole applications in Central American countries for at least some of these immigrants (Cuba, Haiti, Nicaragua and Venezuela).

====================

[1] DHS and DOJ Propose Rule to Incentivize Lawful Migration Processes, DHS (Feb. 21, 2023); Jordan, Biden Administration Announces New Border Crackdown, N.Y. Times (Feb. 21, 2023); Parti & Caldwell, Biden Administration Proposes New Limits on Asylum Seekers, W.S.J. (Feb. 21, 2023); Miroff, Asylum seekers who cross U.S. border illegally face new Biden rule, Wash. Post (Feb. 21, 2023); Santana, How Biden asylum rule affects immigration, compares to Trump, Wash. Post (Feb. 22, 2023).

[2] See n.1.

 

U.N. General Assembly Again Condemns U.S. Embargo (Blockade) of Cuba

On November 3, 2022, the U.N. General Assembly again condemned the U.S. embargo (blockade) of Cuba. The vote this time for the Cuban resolution was 185 to 2 (with the U.S. and Israel voting against the resolution) while two others abstained (Brazil and Ukraine).[1]

The resolution “reiterated its call on all States to refrain from promulgating and applying laws and measures of the kind referred to in the text’s preamble, in conformity with their obligations under the United Nations Charter and international law. 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 regimes.”

Cuba’s Argument for Its Resolution

Cuba alleged in support of its resolution that “only between August 2021 and February 2022 that unilateral policy caused Cuba losses in the order of 3,806.5 million dollars. The figure is 49% higher than that reported between January and July 2021 and a record in just seven months.”

“At current prices, [according to Cuba,] the accumulated damages during six decades of the blockade amount to 150,410.8 million dollars, with a great weight on sectors such as health and education, in addition to the damage to the national economy and the quality of life of Cuban families.”

“In the first 14 months of the Biden Administration alone, [said Cuba,] the losses caused by the blockade amounted to 6,364 million dollars, which is equivalent to an impact of more than 454 million dollars a month and more than 15 million dollars a day.”

Finally, Cuba claimed that  “The extraterritorial impact of the blockade harms the sovereignty of the countries of the United Nations, sanctions their businessmen and impedes access to their ports for third party ships that dock in Cuba. It also prevents the importation into Cuba of articles produced in any country when they have 10% or more of U.S. components.”

Cuba’s foreign Minister, Rodriguez Parrilla, also said, “During the pandemic, the blockade was further tightened, causing more delays in the delivery of necessary medical equipment. But despite limited resources, Cuba cooperated with other countries, sending medical brigades to provide aid. Equally unceasing, he said, is the fraudulent inclusion of Cuba in the United States Department of State’s unilateral list of countries that allegedly sponsor terrorism. This forces Cuba to pay twice the usual price for commodities on the international market. Cuba has rejected all forms of terrorism.”

The Foreign Minister added, “The current United States Administration does not have a Cuba policy, he said. Rather it continues to exert the “maximum pressure” policy developed under the Donald Trump Administration. Over the last few months, it has taken positive steps to alleviate certain restrictions, but the blockade continues to be the central element defining Cuba-United States policy.”

Other Countries’ Support for the Resolution

During the General Assembly debate over the Cuba resolution, “Member States condemned the economic embargo against Cuba, calling it cruel, inhumane and punitive. They urged the United States to begin a dialogue with Cuba based on the equality of States and respect for sovereignty and independence.”

“Representatives of several developing States also thanked Cuba for providing them with much-needed medical aid, nurses and vaccines at the height of the pandemic. Nicaragua’s delegate said that Cuba, thanks to its revolutionary spirit and socialist conviction, has been able to stand alongside the developed countries that sanction it by producing vaccines and helping ‘our developing peoples.’”

“Speakers for several Caribbean countries pointed out also that the United States blockade has had widespread implications and consequences and was stifling not only Cuba’s growth but that of the entire region. Several delegates questioned how the world could commit to implementing the 2030 Agenda for Sustainable Development while locking out one country from fairly participating in its own socioeconomic development.”

“’No nation should be punished and exploited by another,’ Gabon’s representative said. ‘Cuba is peaceful and cooperative and deserves the continued support of the international community in calling for an end to the embargo.’”

“Member States also questioned how they could overwhelmingly call for an end to the embargo year after year for decades without any results. ‘Every year, we speak about the devastating impact of the embargo on the people of Cuba, but we see no effort to remove the restrictions,’ Zimbabwe’s delegate said.”

The U.S. Statement Against the Resolution[2]

The U.S. statement purportedly justifying its opposition to the resolution was provided during the debate by John Kelley, Political Counselor, who said the following:

  • “The United States remains committed to the Cuban people in their pursuit of freedom, prosperity, and a future with greater dignity. We are focused on the political and economic wellbeing of the Cuban people and center our efforts on democracy and human rights and fundamental freedoms.”
  • “Cubans of all walks of life are speaking out for fundamental freedoms, protesting Cuban government repression, and advocating for a better future. In July of 2021, the world witnessed tens of thousands of Cubans across the island take to the streets to peacefully demand freedom. The Cuban government responded to the demands of the Cuban people with crackdowns on peaceful protesters, journalists, and human rights defenders.”
  • “The Cuban government has used harsh prison sentences, even against minors, intimidation tactics, arrests, Internet interruptions, government-sponsored mobs, and horrendous prison conditions to try to prevent Cubans from exercising their human rights.”
  • “Cuban security officials have also forced into exile human rights activists and journalists who had been either detained or warned about their activities. We join international partners in urging the Cuban government to release political prisoners immediately and unconditionally and to protect the freedoms of expression and peaceful assembly of all individuals in Cuba.”
  • “As we hold the Cuban government accountable, our support for the Cuban people is unwavering. The embargo includes exemptions and authorizations relating to exports of food, medicine, and other humanitarian goods to Cuba.”
  • “We recognize the challenges the Cuban people face. The people of the United States and U.S. organizations donate a significant amount of humanitarian goods to the Cuban people, and the United States is one of Cuba’s principal trading partners. Since 1992, the United States has authorized billions of dollars of exports to Cuba, including food and other agricultural commodities, medicines, medical devices, telecommunications equipment, consumer goods, and other items to support the Cuban people. In 2021 alone, U.S. companies exported over $295 million worth of agricultural goods to Cuba, including food, to help address the Cuban people’s basic needs.”
  • “Last month, following the devastating impact of Hurricane Ian, the United States announced it is providing to the Cuban people critical humanitarian aid through trusted international partners working directly with Cubans whose communities were devastated by the storm. The U.S. Agency for International Development will provide $2 million in funding for emergency relief to those in need in Cuba.”
  • “Mr. President, the United States opposes this resolution, but we stand with the Cuban people and will continue to seek ways to provide meaningful support to them. We encourage this body to urge the Cuban government to listen to the Cuban people and their demands to determine their own future.”

Conclusion

Amazingly none of the major U.S. sources of international news—New York Times, Washington Post and Wall Street Journal—had any articles about this U.N. General Assembly resolution.

In contrast, this blog by a U.S. citizen living in the U.S. without any family connections with Cuba, but with involvement in Minneapolis’ Westminster Presbyterian Church’s partnership with a Presbyterian-Reformed Church on the island, has contained many blog posts opposing the U.S. embargo of Cuba.[3] The most recent such post had an abbreviated history of the embargo and discussed the last U.N. General Assembly resolution against the embargo that passed on June 23, 2021, by a vote of 184 to 2 (again the U.S. and Israel in opposition) with three abstentions (Colombia, Brazil and Ukraine).[4]

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[1] U.N., General Assembly: 28th plenary meeting, 77th session (Nov. 3, 2022); Rodriguez, Overwhelming Victory for Cuba at the UN: 185 countries vote against the blockade, Granma (Nov. 3, 2022); Cuba Foreign Minister Rodriguez Parrilla, The world would be better off without the blockade, Granma (Nov. 3, 2022); How little the United States respect the world by maintaining the blockade against Cuba!, Granma (Nov. 2, 2022) (Cuba President Miguel Diaz-Canel Bermudez’ Twitter statement); U.N. Secretary General, Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba (Jan. 20, 2022).

[2] U.S. Mission to the United Nations, Explanation of Vote After the Vote on a UN General Assembly Resolution on the Cuba Embargo (Nov. 3, 2022).

[3]  See the posts listed in the “U.S. Embargo of Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA [as of 5/4/20}.

[4]  Criticism of President Biden’s “New Cuba Policy,” dwkcommentaries.com (Oct. 1, 2022).

Comments on Cuba by the U.S. Commander of U.S. Southern Command       

On April 17, Admiral Craig S. Faller, the Commander, U.S. Southern Command, gave a special briefing focused on “the enhanced counternarcotics operations led by [the U.S. Defense Department’s] Southern Command,” which “is responsible for providing contingency planning, operations, and security cooperation in its assigned Area of Responsibility which includes Central America, South America and the Caribbean (except U.S. commonwealths, territories, and possessions) and for the force protection of U.S. military resources at these locations.” .” [1]

Most of the comments were about Venezuela, but in his opening remarks the commander said, “[T]he security of the Western Hemisphere is [affected by] external state actors and  . . . malign actors like Cuba, Venezuela, Nicaragua, and Iran and others – external state actors that don’t share the democratic values, and they thrive on the instability created by transnational criminal organizations.”

Thereafter, the Commander did not give a direct answer to a question from a journalist from the Miami Herald about whether there was any evidence that Cuba was involved in drug trafficking with Venezuela. Instead, the Commander said, “[T]he connection between the illegitimate Maduro regime and Cuba is strong and thick, thick as ticks, and Maduro owes his position in power to the Cuban influence, and it surrounds him.  His presidential guard is primarily Cuban; the intelligence service is completely infiltrated by Cubans.  So, at the end of the day, as Special Representative Abrams has stated, Maduro must go and the Cubans must be out.  And their influence is strong, so there’s a strong connection between the Maduro government and Cuba, and by propping up the Maduro regime, Cubans have supported the illicit activities that Maduro is involved in, undoubtedly.”

Nor did he directly answer a follow-up question from another journalist as to whether there was any evidence that Cuba was trafficking drugs with Venezuela. The  Commander essentially repeated his earlier answer by saying, “So as I stated, the relationship between Cuba and Venezuela is extremely close, and there are thousands . . . of Cubans in Venezuela supporting the Maduro regime: the intelligence services, the protective services.  And so the extent to which Maduro owes his survival to his Cuban patronage is clear and unambiguous, and so undoubtedly Cuba is aware of the illicit activities that Maduro is conducting through narcotrafficking, through mining, through the myriad of ineffective state-run enterprises that steal from the Venezuelan people.  So there’s just no way that there’s not a connection in all respects. [However, he could not reveal details of the intelligence.] But as Special Representative Abrams has stated, Maduro must go and the Cubans are a key piece of making that happen.”

================================

[1] State Dep’t, Telephonic Press Briefing with Admiral Craig Faller, Commander, U.S. Southern Command (April 17, 2020).

 

 President Trump Proclaims His “Success” on Cuba  

On December 31 President Trump released a lengthy recital of his administration’s alleged successes over its first three years and as an obvious prelude to his re-election campaign.[1]

In that recital President Trump said the following about Cuba:

“President Trump has promoted democracy throughout the Western Hemisphere and imposed heavy sanctions on the regimes in Venezuela, Cuba, and Nicaragua.”

“The President reversed the previous Administration’s disastrous Cuba policy.”

“President Trump has enacted a new policy aimed at stopping any revenues from reaching the Cuban military or intelligence services, imposed stricter travel restrictions, and reaffirmed the focus ensuring the Cuban regime does not profit from U.S. dollars.”

“Earlier this year, the Trump Administration put a cap on remittances to Cuba.”

“President Trump is enabling Americans to file lawsuits against persons and entities that traffic in property confiscated by the Cuban regime, the first time that these kind of claims have been available for Americans under the Helms-Burton Act.”

Conclusion

These statements are correct if one ignores the self-congratulatory evaluation of the administration’s actions. For those like this blogger, they are deplorable actions.[2]

===========================

[1] White House, President Donald J. Trump Has Delivered Record Breaking Results For The American People In His First Three Years in Office (Dec. 31, 2019).

[2] See List of Posts to dwkcommentaries—Topical: Cuba.

 

Secretary Pompeo Reiterates U.S. Hostility Towards Cuba

On or about November 16, Secretary of State Michael Pompeo reiterated U.S. hostility towards Cuba in an interview by Carlos Alberto Montaner, an exiled Cuban author now living in Spain. Here are the key points of that interview. [1]

“Cuba is a foreign policy priority for the Trump Administration. The President’s National Security Memorandum of June 2017, which established our policy to support the Cuban people, while holding the Cuban regime accountable both for its human rights abuses in the country and for its destabilizing interference in other parts of the region, . . . was only the beginning. Since then, we have imposed more sanctions on the Cuban regime, including the elimination of an authorization for ‘fraternization’ group trips, the impediment of US passenger and recreational vessels, such as cruise ships, yachts and private planes, to travel to Cuba, and finish the scheduled American air transport service to all Cuban airports except Havana.”

“We take these measures because the Cuban people do not benefit greatly from such exchanges, the regime does. All these actions are designed to prevent US dollars from filling the pockets of the Cuban military, the same people who repress the Cuban people in the country, support Maduro in Venezuela and are aligned with Putin in Russia.”

“Cuba’s interference in Venezuela and other countries in the region is totally unacceptable. Particularly appalling is the participation of the Cuban military and intelligence services that support the despot Maduro, in exchange for shipments of Venezuelan oil. This oil belongs to the Venezuelan people, who are suffering greatly under the economic, political and humanitarian crisis that created Maduro’s corruption and mismanagement.”

“Maduro’s use of oil to pay for the intrusion and abuse of Cuba is a large-scale robbery and is illegal under Venezuelan law.”

“We continue to look for new ways to limit this illegal exchange. The United States is currently focusing on the tools of diplomacy and sanctions to generate pressure in order to achieve a democratic transition in Venezuela. We have made more than 200 designations related to Venezuela since 2017, under the Law on the Designation of Foreign Drug Trafficking Chiefs (Kingpin Act) and several presidential orders. These actions prevent Maduro’s illegitimate regime from using the US financial system for its corrupt and socially destructive economic practices, and impose a cost on the regime for its illicit practices, human rights violations and corruption.”

“The Cuban regime has made it clear that it not only supports, but is responsible for the power abuses of the Maduro regime. The United States remains determined to actively support a peaceful transition to democracy, freedom and the rule of law in Venezuela. President Trump has said that all options are on the table in Venezuela, including the military option, but in the State Department we are currently focused on deploying all our diplomatic and economic options to support the interim president Guaidó and the National Assembly in a peaceful restoration of democracy, freedom and the rule of law.”

“Certainly, the Cuban presence can be felt throughout the region. Ecuador recently expressed concern that Cubans were interfering in its sovereign territory, and we have seen how the Cuban regime has historically interfered in Nicaragua, Bolivia and Venezuela.”

Conclusion

Cuba, like every country in the world including the U.S., is legitimately subject to criticism on some of its actions and policies. But Cuba does not deserve this unceasing criticism from the U.S. Secretary of State.

Moreover, the Secretary fails to acknowledge that hostile policies and rhetoric by the much more powerful U.S. have forced Cuba to take certain actions to protect itself, like its increasing connections with Russia. The Secretary, who claims to be a Christian, should remember, and act in accordance with, these words from the Gospel of Matthew (7: 1-5 (NRSV):

  • “Do not judge, so that you may not be judged. For with the judgment you make you will be judged, and the measure you give will be the measure you get.  Why do you see the speck in your neighbor’s eye, but do not notice the log in your own eye?  Or how can you say to your neighbor, ‘Let me take the speck out of your eye,’ while the log is in your own eye?  You hypocrite, first take the log out of your own eye, and then you will see clearly to take the speck out of your neighbor’s.”

==================================

[1] Montaner, Pompeo: Washington seeks ‘new ways to limit illegal exchange’ between the regimes of Cuba and Venezuela, Diario de Cuba (Nov. 16, 2019).

 

 

U.S. at U.N. Global Call To Protect Religious Freedom

On September 23, 2019, President Donald Trump did not speak at the U.N. Summit on Climate Change. Instead, after briefly attending that session, he chaired the U.N.’s Global Call To Protect Religious Freedom meeting that was organized by the U.S.[1] After Vice President Mike Pence’s introduction, the President delivered his remarks followed by comments from Secretary of State Michael Pompeo.

 Vice President Pence’s Remarks[2]

“it is my great honor to be here today with the President of the United States to reaffirm America’s commitment to what the people of our nation have always believed: that every person is endowed by our Creator with certain inalienable rights.  And Americans have always believed our first freedom is the freedom of religion.”

“And there’s no better time for a meeting like this on the world stage.  As we gather here at the United Nations, more than 80 percent of the world’s population live in nations where religious freedom is threatened or banned.”

“The regime in Iran brutally persecutes Christians, Sunnis, Bahai’i, and Jews. In Iraq, Iran-backed militias terrorize Christians and Yazidis who were nearly wiped out by ISIS’s recent campaign of genocide. The Communist Party in China has arrested Christian pastors, banned the sale of Bibles, demolished churches, and imprisoned more than a million Uighurs in the Muslim population.”

“In our hemisphere, the regime of Daniel Ortega is virtually waging war on the Catholic Church in Nicaragua.  And in Venezuela, the dictator Nicolás Maduro uses anti-hate laws to prosecute clergy, even as his media cronies spread anti-Semitism by trivializing the Holocaust.”

“Communities of faith across the wider world have also faced unspeakable acts of violence in places of worship, shocking the conscience of the world.”

“In October, 11 Jews were murdered in the Tree of Life Synagogue massacre in Pittsburgh, Pennsylvania.  In March, a gunman killed 51 Muslims at prayer in two mosques in Christchurch, New Zealand.  And just a month later, suicide bombers murdered more than 300 Christians during Easter services at three Christian churches in Sri Lanka.”

“These attacks strike at the heart of everything free peoples hold sacred.  And the threats of religious freedom and the attacks on people of faith underscore why President Trump has taken such decisive action, since the very first days of our administration, to build and promote our nation’s proud tradition of advancing religious freedom.  And that continues today.”

“At the President’s direction, the United States created the Genocide Recovery and Persecution Response Program, and we’ve provided more than $370 million to aid ethnic minorities in faith communities persecuted by ISIS in Iraq and throughout the region.”[3]

“Earlier this year, at the President’s direction, the Secretary of State held the second annual Ministerial to Advance Religious Freedom, inviting more than a thousand civil society and religious leaders, in 100 different nations, to the largest event of its kind in the world.”[4]

“And last year, at the inaugural ministerial, at the President’s direction, we established the International Religious Freedom Fund, which already has received nearly $5 million in pledges and given over 435 Rapid Response Grants to those persecuted for their deeply held beliefs.  And to date, this effort has helped some 2,000 victims of religious persecution around the world.”[5]

“As the President often says, America is a nation of faith, and we will always stand for the freedom of religion of every person, of every race and every creed, to live, to work, to worship according to the dictates of their conscience.

“And today, giving evidence of his passion for religious liberty, the President will announce additional steps that the United States will take to protect religious liberty and defend people of faith around the world.”

“Today, I ask all nations to join us in this urgent moral duty.  We ask the governments of the world to honor the eternal right of every person to follow their conscience, live by their faith, and give glory to God.  The United States has a vital role in this critical mission.”

“It is my high honor and distinct privilege to introduce to you a tireless champion of the freedom of religion and people of every faith in America and around the world, the 45th President of the United States of America, President Donald Trump.”

President Trump’s Message[6]

“The United States is founded on the principle that our rights do not come from government; they come from God.  This immortal truth is proclaimed in our Declaration of Independence and enshrined in the First Amendment to our Constitution’s Bill of Rights.  Our Founders understood that no right is more fundamental to a peaceful, prosperous, and virtuous society than the right to follow one’s religious convictions.”

“Regrettably, the religious freedom enjoyed by American citizens is rare in the world.  Approximately 80 percent of the world’s population live in countries where religious liberty is threatened, restricted, or even banned.”

“As we speak, Jews, Christians, Muslims, Buddhists, Hindus, Sikhs, Yazidis, and many other people of faith are being jailed, sanctioned, tortured, and even murdered, often at the hands of their own government, simply for expressing their deeply held religious beliefs.”

“Today, with one clear voice, the United States of America calls upon the nations of the world to end religious persecution.”

“To stop the crimes against people of faith, release prisoners of conscience, repeal laws restricting freedom of religion and belief, protect the vulnerable, the defenseless, and the oppressed, America stands with believers in every country who ask only for the freedom to live according to the faith that is within their own hearts.”

“As President, protecting religious freedom is one of my highest priorities and always has been.  Last year, our Secretary of State, Mike Pompeo, hosted the first-ever Ministerial to Advance International Religious Freedom. In this year’s ministerial, Secretary Pompeo announced plans to create the International Religious Freedom Alliance — an alliance of like-minded nations devoted to confronting religious persecution all around the world.[7]

“I’ve appointed a special envoy to monitor and combat anti-Semitism.  We’re standing up for almost 250 million Christians around the world who are persecuted for their faith.  It is estimated that 11 Christians are killed every day for . . . following the teachings of Christ.”[8]

After reviewing some of the recent violence against religious people and buildings, the President said, “These evil attacks are a wound on all humanity.  We must all work together to protect communities of every faith.  We’re also urging every nation to increase the prosecution and punishment of crimes against religious communities.  There can be no greater crime than that.  This includes measures to prevent the intentional destruction of religious sites and relics.  Today, the Trump administration will dedicate an additional $25 million to protect religious freedom and religious sites and relics.”

“The United States is forming a coalition of U.S. businesses for the protection of religious freedom.  This is the first time this has been done.  This initiative will encourage the private sector to protect people of all faiths in the workplace.  And the private sector has brilliant leadership.  And that’s why some of the people in this room are among the most successful men and women on Earth.  They know how things get done and they know how to take care of things.”

“ I want to once again thank all of the survivors in the room for their courage and resilience.  You’re an inspiration to the world.  You remind us that no force on Earth is stronger than the faith of religious believers.  The United States of America will forever remain at your side and the side of all who seek religious freedom.”

“Today, I ask all nations to join us in this urgent moral duty.  We ask the governments of the world to honor the eternal right of every person to follow their conscience, live by their faith, and give glory to God.  The United States has a vital role in this critical mission.”

“It is my high honor and distinct privilege to introduce to you a tireless champion of the freedom of religion and people of every faith in America and around the world, the 45th President of the United States of America, President Donald Trump.”

Secretary Pompeo’s Remarks[9]

After thanking the many world leaders at the meeting, Vice President Pence and President Trump, Pompeo said, “The Bible says that ‘Whatever is true, whatever is honorable, whatever is just, whatever is pure, whatever is pleasing, whatever is commendable, if there is any excellence and if there is anything worthy of praise,  think about these things.’ [Bible, Philippians 4:8 (NRSV)]] And that’s what we are all doing here today.

“As you heard, religious freedom is under threat all around the world.” He then introduced  three individuals who talked about “their struggles on behalf of this first freedom, this important and unalienable right:” Dabrina Bet-Tamraz (Iran), rabbi Faiz Algaradi (Yemen) and Jewher Ilham (China).

Pompeo closed by mentioning “the International Religious Freedom Alliance the State Department announced in July. It is the most ambitious human rights project launched in a generation. We aim to bring together like-minded countries, faith leaders, civil society groups, and international organizations around the world to promote religious freedom in a more consistent, organized, and powerful way. The foundation of the alliance is Article 18 of the Universal Declaration of Human Rights, which begins, ‘Everyone has the right to freedom of thought, conscience, and religion.’”

“So if you’re a country that takes human rights seriously, understanding its many benefits for peace, security, and prosperity, please come join us. If you’re a country that stands for human dignity and for freedom of conscience, please come join us. And if you’re a leader simply moved by the stories you’ve heard from these brave survivors today, come join us. Turn your sympathy for them into freedom for others. Please reach out to our Ambassador at Large for International Religious Freedom Sam Brownback.”

“The United Nations is only as strong as its sovereign members determine it will be. Our belief in our principles is only as strong as our confidence to express them. I ask – indeed, I pray – that you will help be a voice for the voiceless by joining the International Religious Freedom Alliance. May God bless the survivors who are here with us today, may God bless the United States of America, and may God bless the nations who have gathered with us here this morning.”

Conclusion

Since the U.S. chose not to attend the U.N. Climate Change Summit, the U.S. possibly believed that it needed to organize another event at the U.N. that day so that it did not appear that the U.S. was avoiding the U.N. and instead that the U.S. had some positive news coverage. It also is another event consistent with the State Department’s Commission on Unalienable Rights.

The basics of the Global Call To Protect Religious Freedom are laudable, and it also is true that there is religious persecution in the world today. However, the unspoken political motivation of this presidential administration—appealing to its evangelical Christian supporters—also is apparent, and Democrats need to be cautious in criticizing this event.

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[1] Liptak, Trump will hold session on religious persecution instead of attending UN climate summit, CNN (Sept. 21, 2019).

[2] White House, Remarks by Vice President Pence at the United Nations Event on Religious Freedom/New York, NY (Sept. 23, 2019).

[3] White House, Remarks by Vice President Pence at Ministerial To Advance Religious Freedom (July 26, 2018).

[4] U.S. State Department’s Second Ministerial To Advance Religious Freedom, dwkcommentaries.com (July 21, 2019).

[5]  State Department’s First Ministerial To Advance Religious Freedom, dwkcommentaries.com (July 7, 2019).

[6] White House, Remarks by President Trump at the United Nations Event on Religious Freedom/New York, NY (Sept. 23, 2019).

[7] E.g., Banks, As religious freedom summit ends, State Department announces new alliance, sanctions, Nat’l Cath. Reporter (July 19, 2019)

[8]  State Dep’t, About Us—Special Envoy to Monitor and Combat Anti-Semitism.

[9] State Dep’t, Secretary Michael R. Pompeo at the United Nations Event on Religious Freedom (Sept. 23, 2019). h

U.S. State Department’s Second Ministerial To Advance Religious Freedom

On July 16-18, 2019, the U.S. State Department hosted its Second Ministerial to Advance Religious Freedom. The opening event was held at the U.S. Holocaust Memorial Museum in Washington, D.C. to emphasize the “importance of promoting religious freedom and protecting religious minorities.” The closing event, also in Washington, D.C. was at the National Museum of African American History and Culture and co-hosted by the U.S. Holocaust Memorial Museum.[1]

First Day Activities[2]

After welcoming remarks by Secretary Pompeo and Ambassador at Large for International Religious Freedom Sam Brownback, the participants discussed the opportunities and challenges for promoting and defending religious freedom globally. Through a series of plenary sessions, they discussed the necessary building blocks and emerging trends in advancing religious freedom, as well as how religious freedom, international development, and humanitarian aid can work together to advance mutual interests.

Second Day Activities[3]

 There were three separate discussions led by topical experts, civil society actors, religious leaders, academics and working-level government officials on topics such as best practices for religious freedom advocacy; limitations in forming, registering and recognizing religious communities; challenges facing religious minorities; combatting the rise of anti-Semitism and anti-Islamic behavior; countering violent extremism; religious freedom and national security; religious freedom and economic development; cultural heritage protection for religious sites; religious minorities and humanitarian crises; international development aid and religious freedom; and mobilizing faith leaders around peace and development goals.

At the end of the second day, the White House held a brief reception for some of the Ministerial attendees. One was Cuban Pastor Mario Felix Lieonart, who said, “Pastor, Ramón Rigal, and his wife are imprisoned in Cuba.  Please pray for them and help the people in Cuba. Two other Cuban pastors who were invited for the Ministerial “are not here because the government in Cuba would not give them permission to come. They are Moisés de Prada, president of the Assemblies of God, and Álida León, president of the new Evangelical League of Cuba, which said, “The intention to attend [the Ministerial] was made public, it was a proof of transparency and truth, we have nothing institutionally to hide.” Lieonart added, I am here because I am a refugee in United States.  Thank you for your hospitality for me.” In response to a question from President Trump, Rev. Lieonart said, “Raúl Castro is continuing in power because he is the First Secretary of the Communist Party.  And the new President is not really Cuba’s leader. Castro is the real leader.”

Third Day Activities[4]

Senior government and international organization representatives focused on: identifying global challenges to religious freedom; developing innovative responses to persecution on the basis of religion; and sharing new commitments to protect religious freedom for all. Survivors or close relatives of those who suffered persecution due to their religion or beliefs shared their stories. Government delegations were encouraged to announce new actions and commitments they will take to protect and promote freedom of religion or belief.

There also were the Keynote Address by Secretary Pompeo, an Address by Vice President Mike Pence and Closing Comments by Ambassador Brownback. The highlights of those speeches follow.

Secretary Pompeo’s Keynote Address

The attendance aat this Ministerial “proves that religious freedom matters to literally billions of people all around the world. Look around you. Religious freedom isn’t just a Christian concern, a Jewish concern, a Muslim concern, a Buddhist concern, a Hindu concern, or a humanist concern. It’s all of our concern; it is everyone’s concern.”

“Here in the United States, our Declaration of Independence clearly states that certain rights are unalienable. There are liberties to which all of mankind, in all places, at all times are entitled. Religious freedom is one of them. Our Constitution puts it in the very first amendment.”

“Thomas Jefferson, our first Secretary of State, [helped author the Virginia Statute of Religious Freedom,“ which states, ‘Almighty God hath created the mind free… No man shall be compelled to frequent or support any religious worship or ministry, or shall otherwise suffer on account of his religious opinions or belief.’”

“The UN Universal Declaration of Human Rights affirms religious freedom or belief as a universal right.”

“Today, we come together to turn our convictions into action. And there’s not a moment to lose. A shocking 83 percent of the world’s population live in nations where religious freedom is either threatened or denied entirely.”

Perhaps you’ve heard the recent news of the Cuban evangelical leaders who registered for this very event to come here to Washington but were not permitted to come. . . . [T]he Cuban government prevented them from . . . [coming] to express their religious freedom. Such is the thuggish, intolerant nature of the current regime in Havana.” (Emphasis added.)

The Secretary then commented about violations of religious freedom in Iran, Burma and China.

“{L]ookl at what we’ve accomplished as a result of last year’s ministerial.”

“The State Department has established an International Religious Freedom Fund – a multi-donor fund that provides rapid assistance to victims of persecution all throughout the world. It’s already serving good, and its purpose around the world is expanding. . . . We encourage more countries to step up to the plate and donate and contribute to this important cause that can do so much good all around the world.”

Here are other examples. The “United Arab Emirates they hosted the first regional conference in February on promoting religious tolerance in their curricula. . . .  {T]he nations of the Organization of American States unanimously put forth their first ever statement, introduced by the United States, affirming religious freedom in our hemisphere. Along with the United Kingdom, the United States co-sponsored a groundbreaking conference this past November on meeting the needs of vulnerable religious minorities in conflict zones. And several governments have created special ambassadors specifically charged with advancing religious freedom in their country and around the world.”

The State Department “recently commissioned a group called the Commission on Unalienable Rights to generate a serious debate about human rights that extends across party lines and across national borders. The commission’s purpose is very simple. We’re not out to discover new principles but to ground our discussion of human rights in America’s founding principles, and religious freedom is certainly amongst them.”

“In 2019, the State Department introduced mandatory training on international religious freedom for every one of our Foreign Service Officers. We’ve, so far, trained nearly 12,000 employees on how to identify religious discrimination and persecution and how to work closely with faith leaders all across the world. It is incredibly important that our diplomats be our ambassadors for this first freedom.”

“We should all consistently speak out about abuses of religious freedom. It’s the least that we can do. Today, we have nine statements of concern on countries and issues all teed up. I would ask each of you to sign them in solidarity.”

“Albania, Colombia, Morocco, and the Vatican will host regional conferences in the near future.”

“Thanks to Poland’s efforts, the UN General Assembly has named August 22nd as a special day to remember the victims of religious persecution. Please commemorate it in your home countries too. And we should all keep making the case at the United Nations and in other bodies that religious freedom should be a priority for that institution.”

“But governments alone can’t properly tackle this problem. Our countries need to support civil society groups.”

“I’m very proud to announce today a new effort that’s intended to help us in our goals across the board. We will create the International Religious Freedom Alliance. We hope that this new vehicle – the first every international body devoted to this specific topic – will build on efforts to date and bring likeminded countries together to confront challenges of international religious freedom. . . . it will defend the unalienable rights for all human beings to believe – or not to believe – whatever it is they choose.”

“You all came here because you understand that it is our responsibility to help them. We’re all in this fight together. You can be sure that the United States will be out front defending the God-given, unalienable right of all human beings to worship as they choose.”

Vice President Pence’s Remarks

“Since the earliest days of our nation, America has stood for religious freedom.  Our first settlers left their homes and all they knew for the chance to, as they said, “Begin the world [all] over again.”  They carved protections for religious liberty into the founding charters of our nation and our very earliest laws.  And after our independence was won, the crafters of America’s Constitution enshrined religious liberty as the first of our American freedoms.”

“Our Declaration of Independence proclaims that our precious liberties are not the gift of government, but rather they’re the unalienable rights endowed by our Creator.  Americans believe that people should live by the dictates of their conscience, not the diktats of government.”

“Free minds build free markets.  And wherever religious liberty is allowed to take root, it is prosperity and peace that ultimately flourish as well.”

“And as we tell even our closest allies, those who reject religious freedom are more likely to breed radicalism and resentment; that it can sow those seeds of violence and it can too often cross borders. And those who deny religious freedom to their own people often have few qualms denying those rights to others.”

“The list of religious freedom violators is long; their oppressions span the globe.” It includes Burma, Nicaragua, Venezuela, Iran, Burma, China, North Korea, Eritrea, Mauritania, Pakistan, Saudi Arabia, China and North Korea.”

“While religious freedom is always in danger in authoritarian regimes, threats to religious minorities, sadly, are not confined to autocracies or dictatorships.  The truth is, they can and do arise in free societies, as well, not from government persecution, but from prejudice. This is the evil of Anti-Semitism.”

=========================

[1] State Dep’t, Secretary Pompeo Convenes Second Ministerial to Advance Religious Freedom (June 25, 2019); State Dep’t, Ministerial To Advance Religious Freedom Convenes Opening and Closing Events (July 12, 2019). The first Ministerial in July 2018 was discussed in a prior post.

[2] State Dep’t, Day 1: 2019 Ministerial To Advance Religious Freedom (July 16, 2019).

[3] State Dept, Day 2: Track 1: 2019 Ministerial To Advance Religious Freedom (July 17, 2019); State Dept, Day 2: Track 2: 2019 Ministerial To Advance Religious Freedom (July 17, 2019); State Dept, Day 2: Track 3: 2019 Ministerial To Advance Religious Freedom (July 17, 2019); The White House, Remarks by President Trump in Meeting with Survivors of Religious Persecution (July 17, 2019); Cuban Pastor Denounces Cuban Violations of Religious Freedoms to President Donald Trump, Diario de Cuba (July 19, 2019); The regime prevents two of Cuba’s leading evangelical leaders from leaving the country, Diario de Cuba (July 14, 2019); We have nothing to hide’: the Evangelical League of Cuba, Diario de Cuba (July 19, 2019).

[4] State Dep’t, Day 3: 2019 Ministerial To Advance Religious Freedom (July 18, 2019); State Dep’t, Secretary of State Michael R. Pompeo Keynote Address at the Ministerial to Advance Religious Freedom (July 18, 2019); The White House, Remarks by Vice President Pence at the 2nd Annual Religious Freedom Ministerial (July 18, 2019). The prior day the Secretary made a similar speech for the presentation of international religious freedom awards. (State Dep’t, Secretary of State Michael R. Pompeo at the Reception for the Ministerial To Advance Religious Freedom and Presentation of the International Religious Freedom Awards (July 17, 2019).

 

 

 

U.S. Comments About Cuba at the Organization of American States (OAS)

On June 27, 2019, Kimberly Breier, Assistant Secretary of State, Bureau of Western Hemisphere Affairs, addressed the 49th General Assembly of the Organization of American States (OAS) in Medellin, Colombia.[1]

This gathering marked the 70th anniversary of the adoption of the OAS Charter and the American Declaration of Rights and Duties of Man, a document that proclaims “all men are born free and equal, in dignity and in rights” and that “remains the foundation of the Inter-American human rights system.” Another important OAS document is the Inter-American Democratic Charter from 2001 that “requires our governments to work together to promote and protect the institutions of representative democracy.”

After discussing current problems in Venezuela, Nicaragua and Honduras, the Assistant Secretary made these comments about Cuba:

  • “In Cuba today, we see an expectation that change is inevitable, and that it can’t come quickly enough.  Young Cubans born under a dictatorship are uninterested in hollow revolutionary slogans.”
  • “They want what youth everywhere else want:  opportunities to use their talents, exercise their voice, and build a bright future for themselves.  As democratic societies, we must support young people in Cuba – and elsewhere in the hemisphere – in their hopes for democratic change.  We applaud Secretary General Almagro for his efforts over the past year to bring attention to the state of human rights in Cuba.”

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[1] State Dept, Assistant Secretary for Western Hemisphere Affairs Kimberly Brier at the Plenary of the 49th OAS General Assembly (June 27, 2019).

 

 

 

 

U.S. Reactions to New U.S. Anti-Cuba Policies 

U.S. objections to the new U.S. policies regarding Cuba (and Venezuela and Nicaragua) have been registered by a Bloomberg News editorial; by the U.S. Chamber of Commerce; by Representative Eliot Engel, the Chair of the House Committee on Foreign Affairs and other representatives and by groups and individuals outside the government. They will be discussed first.[1]

Then we will look at support for the policies from three Cuban-American legislators (Sen. Marco Rubio (Rep., FL), Sen. Robert Menendez (Dem., NJ) and Rep.Mario Diaz-Balart (Rep., FL); from Sen. Rick Scott (Rep., FL); and from Walter Russell Mead of the Wall Street Journal.

Given the legitimate current U.S.  preoccupation with the Mueller Report and its implications, there have been no editorials (to date) on these Cuba policy changes in other leading newspapers (New York Times, Washington Post and Wall Street Journal) or by the sponsors of the pending Senate bill to end the U.S. embargo of Cuba (Senators Amy Klobuchar (Dem., MN), Patrick Leahy (Dem., VT) and Mike Enzi (Rep., WY)) or by the Chair of the House ‘s Cuba Working Group Steering Committee (Tom Emmer (Rep., MN).

Critics of the New Policies[2]

  1. The Bloomberg Editorial.

Although it was worthy for the U.S. to seek to persuade Cuba to stop helping Venezuela’s Maduro, Bloomberg says the new policies are “the wrong way to get results.”

In fact, says Bloomberg, the new U.S. policies and actions will “inflict real damage on Cuba,” and  “that’s unlikely to make the country’s rulers budge. Instead, opening the [U.S.] floodgates for litigation against Canadian and European companies doing business in Cuba will fracture the international front against Maduro — not to mention swamping U.S. courts with troublesome lawsuits.” In fact, such litigation is “more an attack on America’s friends than on Cuba or Venezuela.”

Moreover, according to Bloomberg, “Aside from dividing what could have been a U.S.-led coalition [against Venezuela’s Maduro], the new escalation will play into the hands of aging hardliners, encouraging Cuba to seek help from Russia and China, and weaken potent internal forces for change.”

  1. Engage Cuba

Engage Cuba, the leading bipartisan coalition of businesses and others who support U.S.-Cuba normalization, issued the following critical comments:

(Statement by James Williams, President of Engage Cuba)

  • “President Trump is doing this for one reason, and one reason only: to appease fringe hardliners in South Florida ahead of the 2020 election. The only way to get property claimants what they deserve is through diplomatic negotiations, which President Trump just threw off the table. . . This lets the Cuban government off the hook and shifts the burden to American, European and Canadian companies. American companies and our closest allies will now be paying instead of the Cuban government.”
  • “The hypocrisy of the Trump administration cozying up to the most brutal dictatorships in the world in Saudi Arabia, Russia and North Korea, but claiming to care about democracy and human rights in Cuba, is like living in a parallel universe. President Trump himself tried for years to open up a Trump Hotel and golf resort in Cuba.”
  • “U.S. travel and remittances are the lifeblood of the private sector entrepreneurs in Cuba. These restrictions are a cruel betrayal and a knife in the back of Cuban civil society and the prospects for a growing independent private sector in Cuba. The Cuban people are already struggling under tremendous difficulties, and these actions only make it worse. We need a policy that focuses on empowering the Cuban people and advancing American interests, not continuing a 60-year failed policy that only serves fringe domestic politics in South Florida.”

(Property Claim Lawsuits)

  • “The Trump administration has chosen to break precedent with every administration since President Clinton by failing to waive Titles III and IV of the the LIBERTAD Act, commonly referred to as the Helms-Burton Act after its sponsors. When Title III takes effect on May 2, American companies and foreign firms will be subject to lawsuits in U.S. courts over the use of properties that were nationalized by the Cuban government following the 1959 revolution. Title IV will also take effect, requiring the denial of U.S. visas for anyone “trafficking” in confiscated Cuban properties, as well as their relatives.”
  • “In opposition to international law, Title III affords claimant rights to Cuban Americans who were Cuban citizens at the time their property was confiscated. Currently, there are 5,913 certified claims of seized American property in Cuba, but the State Department has estimated there could be a flood of up to 200,000 claims with the full activation of Title III.”
  • “Due to Title III’s potential to jeopardize U.S. trade interests, every U.S. administration since the law’s enactment in 1996 has suspended its implementation, typically for a period of six months. Today’s announcement marks the first time Title III has been fully activated and U.S. firms will be subject to lawsuits.”
  • “Companies from the biggest U.S. trade partners, including the European Union, Canada, and Mexico, will also be subject to property claim lawsuits under Title III, though most countries will protect their companies from having to pay damages to U.S. property claimants. The EU and Canada have threatened retaliation in the World Trade Organization.”
  • “Meanwhile, U.S. adversaries like Russia and China are unlikely to comply with Title III lawsuits and will instead align themselves with Cuba against this extraterritorial U.S. policy. By maintaining a trade embargo, the U.S. has already left a vacuum in Cuba for adversarial influence. As Cuba continues to be isolated by the Trump administration, it will increasingly turn to Russia and China, who offer them favorable credit terms and invest in high-profile projects.”

(New Restrictions on Remittances,Travel, and Financial Transactions)

  • “Bolton also announced there will be new limits on non-family travel to Cuba and U.S. remittances to the island, a heavy blow to Cuba’s nascent private sector (roughly one-third of the workforce) which greatly depends on remittances and U.S. travelers to keep their small businesses alive. Remittances will now be capped at $1,000 per quarter, a dramatic departure from the $4 billion that flowed to the Cuban people after the Obama administration lifted all limits on remittances in 2015.”
  • “Five Cuban government-run businesses will be added to the list of entities with which direct financial transactions are barred. New Department of Treasury regulations will prohibit U.S. banks from processing “U-Turn transactions,” Cuba-related funds transfers from a bank outside the U.S. that pass through U.S. financial institutions before being transferred to banks abroad where neither the originator nor the beneficiary is a U.S. national.”
  1. U.S. Chamber of Commerce

“Six decades of trying to isolate Cuba has failed to bring change to the island, and today’s move only doubles down on this strategy. The U.S. Chamber’s support for a new approach to Cuba is founded in our profound conviction that more engagement with the Cuban people — on the basis of free enterprise and free markets — is essential to democratic change and improvements in the Cuban people’s lives.”

“We strongly support U.S. government efforts to protect the property rights of U.S. citizens abroad, but full implementation of Title III is unlikely to achieve those aims and is instead more likely to result in a protracted legal and diplomatic morass that ensnares U.S. courts, companies and partners. . . . Furthermore, it is difficult to see how this action squares with the administration’s earlier commitment to hold harmless U.S. companies legally authorized and previously encouraged to do business in Cuba.”

“Many American companies will now be subjected to countersuits in Europe, Canada, Latin America, and elsewhere. Today’s announcement threatens to disrupt our trade ties to these countries, which are among our closest allies and best customers. Instead, we should be working with them to make the case for democratic change in Cuba.”

  1. Center for Democracy in the Americas

Another U.S. group that supports U.S.-Cuba normalization, the Center for Democracy in the Americas, said through its executive director (and former Obama National Security Advisor) Emily Mendrala, “Capping remittances is mean-spirited, and can only be understood as the U.S. government’s attempt to create economic hardship among the Cuban people. Ambassador Bolton’s speech conflated Cuba with Venezuela, and he announced a policy approach that does the same. The two countries are different, living through very different moments, and to exploit events in Venezuela to settle Cold War scores with Cuba is a distraction from real needs in Venezuela.”

  1. Cuba Educational Travel

Collin Laverty, president of Cuba Educational Travel, added other critical comments. First, “the measures on remittances and travel threaten the economic survival of Cuban families and the viability of thousands of independent small businesses allowed to operate since 2010 under reforms implemented by former President Raúl Castro.” Second, “The only winners here are a handful of members of Congress and those stuck in the past that support them. The losers are millions of Cubans on and off the island and the overwhelming majority of Americans that support engagement with Cuba.”

  1. Current and Former Federal Government Officials

Representative Eliot Engel (Dem., NY), the Chair of the House Committee on Foreign Affairs, stated, ““President Trump’s rejection of over two decades of bipartisan consensus on a key piece of U.S. policy toward Cuba will further isolate the United States from our Latin American and European allies and diminish our ability to promote democracy in Cuba and Venezuela. Sadly, this decision will do nothing to resolve U.S. property claims in Cuba—an important goal toward which we must continue to strive.”

Similar statements were issued by Representatives Kathy Castor (Dem., FL), James McGovern (Dem., MA), Barbara Lee (Dem., CA) and Donna Shalala (Dem., FL).

Benjamin Rhodes, a former Obama adviser who helped negotiate the December 2014 U.S.-Cuba normalization agreement, said, “Restricting remittances that can be sent to Cubans will directly hurt the Cuban people. This is a shameful and mean-spirited policy.”

Mark Feierstein, a former National Security Council’s Director for the Western Hemisphere, tweeted: “As Bolton delivers speech in Miami today on Cuba, it’s useful to keep in mind that according to public opinion polls, most Cuban-Americans approve the measures taken by the Obama Administration to support the Cuban people. The [National Security Council]. . . is out of step with majority opinion in Miami.” In another tweet  he stated, “What we’re leading the Cuban people toward is a darker day, where there will be less economic opportunity.”

  1. Other Americans

Tim Fernholz, who covers space, the economy and geopolitics for Quartz, has addressed the new policies’ adverse effects on the emrging Cuban private sector. He says, “The Trump administration is setting out to crush free markets in Cuba.” These policies “will damage Cuba’s nascent private sector far more than a ruling regime that has out-lasted six decades of US embargo. Trump is pulling the rug out from Cuba’s cuentrapropistas—literally, self-employed—eliminating their sources of capital and revenue and reducing their influence during the all-important transition to a post-Castro Cuban government. . . . US policy toward Cuba, meanwhile, is defined by a near-theological belief that isolating the Cuban people will lead them to abandon national self-determination.”

Supporters of the New Policies[3]

The two Cuban-American Senators and one of the Cuban-American U.S. Representatives, as expected, endorsed at least some of the new U.S. policies. So did Senator Rick Scott. So did Walter Russell Mead, who is the James Clarke Chace Professor of Foreign Affairs and the Humanities at Bard College, a Distinguished Fellow in American Strategy and Statesmanship at the Hudson Institute, and The Wall Street Journal’s Global View columnist.

Senator Marco Rubio (Rep., FL) said, “”By no longer suspending Title III of the Freedom Act, the Trump administration is the sixth of impunity by the Castro regime. The United States is opening the door to justice and enabling victims of the Cuban dictatorship to rightfully sue their perpetrators. Today, as we commemorate the value of the fallen heroes in the Bay of Pigs invasion, history is once again being written. ”

Senator Robert Menendez (Dem., NJ) offered a similar statement: “By fully implementing Title III of the LIBERTAD Act, the United States is rightly providing U.S. citizens with the means to hold the Cuban regime accountable through the U.S. justice system.”

Representative Mario Diaz-Balart (Rep., FL) issued a lengthier statement, which is extracted below:

  • “At long last, victims of confiscated properties will finally have the chance to pursue claims to recoup losses suffered at the hands of the Castro regime.”
  • “President Trump and his administration have demonstrated remarkable solidarity with the Cuban people and the regime’s other victims in tightening sanctions by prohibiting financial transactions with the Cuban military.
  • “Cutting off resources and investment to the regime in Cuba will benefit both U.S. national security interests and regional security interests for neighbors in our hemisphere.”

Senator Scott stated, “Americans can finally sue for property stolen by the Cuban regime. We must continue to do everything we can to cut off the money supply to the Castro Regime, which continues to prop up dangerous dictators like Nicolas Maduro in Venezuela and Daniel Ortega in Nicaragua.”

Walter Russell Mead. He starts with the proposition that Venezuela presents the key challenge of Latin America. “Left to accelerate, the breakdown of governance and civilized life in Venezuela can only create more refugees, enrich arms smugglers and drug cartels, allow forces like Hezbollah to insinuate themselves more deeply in the region. On the other hand, a return to some kind of stability under a pro-business government would initiate an economic recovery that would help the people of Venezuela and their neighbors alike, and deprive the terror cartels of much of their arms and funding. Crucially, if Venezuelan oil production recovers, it would help stabilize world energy markets and significantly increase American leverage with both Russia and Iran.”

“The continued collapse of Venezuela’s economy means the Cuban regime is also facing disaster. From the Trump administration’s point of view, this is a historic opportunity. If Cuba . . . abandons socialism on Mr. Trump’s watch, the president’s prestige at home and abroad would soar.”

Therefore, says Mead, the Trump Administration hopes for “historic victories in Cuba and Venezuela.” That plus  “the fear of a costly defeat have combined to persuade the Trump administration to adopt some of the most far-reaching economic sanctions ever imposed.” In short, no previous U.S. president “has been willing to impose sanctions that alienate powerful allies to this degree over Caribbean policy. That Washington is pressing ahead suggests how high a priority Venezuela has become for the administration.”

Conclusion

There are so many reasons to oppose the new U.S. policies towards Cuba, as this blogger does. Just refer to the above section regarding such opposition and to the similar discussion in the previous posts cited in footnote 1.

As always, this blog invites reasoned comments, pro or con, or corrections from all readers of this post.

===================================

[1] Prior posts have discussed (a) the April 17 announcement of the U.S. allowance of litigation over alleged trafficking in American-owned Cuba property that was expropriated by the Cuban government, circa 1959-60; (b) National Security Advisor John Bolton’s April 17 announcement of additional Cuba sanctions; (c) Cuban reactions to these changes; and (d) European and other countries’ reactions to these changes. These changes take effect in the midst of Cuba’s current dire economic situation, which was the subject of another post.

[2] Editorial, Cuba Is a Problem That Trump Is Making Worse, Bloomberg (April 22, 2019); Press Release, Engage Cuba Statement on New Cuba Sanctions (April 17, 2019); Engage Cuba, Memorandum: New Sanctions on Cuba Announced April 17, 2019 (April 2019); U.S. Chamber of Commerce, Statement on Cuba and Title III of the LIBERTAD Act (April 17, 2019); Center for Democracy in the Americas, CDA STATEMENT:Cuba Sanctions announcement (April 17, 2019); Cuba Educational Travel, CET Statement on President Trump’s Cuba Policy Changes (April 17, 2019); Engel on Implementation of Article III of the Helms-Burton Act (April  17, 2019); U.S. Rep. Castor: The Trump Administration’s Announcement of New, Hardline Restrictions on Cuba Brings Pain to Families, Hurts Growing Cuban Private Sector (April 17, 2019); McGovern Statement on Trump Administration;’s Reckless Policy Change Toward Cuba (April 17, 2019); Congresswoman Barbara Lee Slams President Trump’s Backwards Policy Towards Cuba (April 17, 2019); Caputo, Trump crackdown on “3 stooges of socialism’ has 2020 thrust, Politico (April 17, 2019) (Rep. Shalala quotation); Reuters, Trump’s Cuba Hawks Try to Squeeze Havana Over Venezuela Role, N.Y Times  (April 18, 2019) (Rhodes quotation); Feierstein Twitter Account; Fernholz, Cuba’s entrepreneurs are under attack by Donald Trump, Quartz  (April 22, 2019).

[3] Press Release, Rubio Commends Trump Administration’s Move to Hold Cuba Accountable (April 17, 2019); Press Release, Rubio Highlights Importance of Trump Administration’s Commitment to Democracy in Latin America (April 17, 2019); Press Release, Menendez Statement on Announcement to Let Cuban Americans File Suit over Property Confiscated by Cuban Regime (April 17, 2019); Diaz-Balart: Trump Administration’s Full Implementation of Title III Is a Monumental Decision   (April 17, 2019); Press Release, Sen. Rick Scott Applauds President Trump For Fully Implementing Title III of the Libertad Act (April 17, 2019); Mead, Trump Takes Aim at Caracas and Havana, W.S.J. (April 22, 2019).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cuban Reactions to New U.S. Anti-Cuba Measures

Naturally the Cuban government and its officials condemned the new U.S. measures. Other Cubans voiced various opinions on this subject.

Cuban Government[1]

“Today, the 17th of April, we celebrate another anniversary of the start of the military aggression at the Bay of Pigs (Playa Girón) in 1961. The decisive response of the Cuban people in defense of the Revolution and socialism resulted in the first military defeat of imperialism in the Americas, in just 72 hours. Oddly enough, it is the date chosen by the current government of the United States to announce the adoption of new aggressive measures against Cuba and to reinforce the application of the Monroe Doctrine.”

“The Revolutionary Government rejects in the most energetic of terms the decision to permit hereinafter that action is taken in US courts against Cuban and foreign entities outside the jurisdiction of the United States, and that of intensifying the impediments for entry into the United States of the executives of companies that legally invest in Cuba and their relatives in properties that were nationalized.  These are actions envisaged in the Helms-Burton Act that were rejected a long time ago by the international community, that the Cuban nation has repudiated from the time when they were enacted and applied in 1996, and whose fundamental aim is to impose colonial protection over our country. Cuba also repudiates the decision to return to limiting the remittances which Cuban residents in the US send to their families and next of kin, to restrict even further travel by American citizens to Cuba and to apply additional financial penalties.”

“It energetically rejects the references that in Cuba attacks have been produced against American diplomats. They would like to justify their actions, as usual, using lies and blackmail. On last 10 April, General of the Army Raúl Castro declared: ‘Cuba is blamed for all evils, using lies in the worst style of Hitlerian propaganda.’To cover up and justify the evident failure of the sinister coup d’ét maneuver of designating, from Washington, a usurper “president” for Venezuela, the government of the United States resorts to slander.”

“It accuses Cuba of being responsible for the soundness and steadfastness shown by the Bolivarian and Chavista government, the people of that country and the civilian-military union which defends the sovereignty of their nation. It brazenly lies when it declares that Cuba keeps thousands of troops and security forces in Venezuela, influencing and determining what is happening in that sister country.”

“It has the cynicism of blaming Cuba for the economic and social situation besetting Venezuela after years of brutal economic penalties, conceived and applied by the United States and a number of allies, precisely to economically suffocate the population and to cause its suffering. Washington has gone to the extremes of pressuring the governments of third countries to attempt to persuade Cuba to withdraw this presumed and unlikely military and security support and even for it to stop providing backing and solidarity to Venezuela. The current US government is known, in its own country and internationally, for its unscrupulous tendency of using lies as a resort in domestic and foreign policy matters.   This is a habit coinciding with the old practices of imperialism.”

“Still fresh in our minds are the images of President George W. Bush, with the support of the current National Security Advisor John Bolton, lying shamelessly about the supposed weapons of mass destruction in Iraq, a fallacious argument that served as an excuse to invade that country in the Middle East.”

“History also records the blowing up of the battleship “Maine” in Havana and the self-provoked incident in the Gulf of Tonkin, episodes that served as excuses to unleash wars of pillage in Cuba and Vietnam. We should not forget that the United States used fake Cuban insignia painted on the planes that carried out the bombing runs as a prelude to the aggression at the Bay of Pigs, in order to cover up the fact that they were really American planes”

“It must remain clear that US slander rests upon complete and deliberate lies. Its intelligence services possess more than enough proof, surely more than any other State, to know that Cuba has no troops nor does it participate in any operations of a military or security nature in Venezuela, even though it is a sovereign right of two independent countries to decide how they shall cooperate in the sector of defense, something that does not correspond to the United States to question. That accuser keeps over 250,000 soldiers on 800 military bases abroad, some of these in the American hemisphere.”

“Their government also knows that, as Cuba has publicly and repeatedly declared, the nearly 20,000 Cuban collaborators, over 60 % of them women, are in that Latin American nation to fulfill the same tasks that approximately another 11,000 Cuban professionals are fulfilling in 83 nations:   contributing to provide basic social services, fundamentally in the area of health, a fact that is acknowledged by the international community. It must remain absolutely clear that steadfast solidarity with the sister Bolivarian Republic of Venezuela is Cuba’s right as a sovereign State and it is also a right that forms part of the tradition and essential principles of the foreign policy of the Cuban Revolution.”

“No threats of reprisals against Cuba, no ultimatum or blackmail by the current US government is going to divert the internationalist conduct of the Cuban nation, despite the devastating human and economic damages caused our people by the genocidal blockade.”

“It behooves us to remember that Mafioso threats and ultimatums were already being used in the past when Cuba’s internationalist efforts were supporting the liberation movements in Africa while the US was backing the scurrilous regime of apartheid. They would have liked Cuba to renounce its commitments of solidarity with the peoples of Africa in exchange for promises of pardon, as if the Revolution had anything whatsoever that needed to be pardoned by imperialism.”

“At that time, Cuba rejected blackmail, as it rejects it today, with utmost disdain.”

“Last April 10th, General of the Army Raúl Castro recalled: ‘In 60 years of facing aggression and threats, we Cubans have demonstrated the iron-clad will to resist and overcome the most difficult of circumstances. Despite its immense power, imperialism does not have the capacity to crush the dignity of a united people, who are proud of their history, and of the freedom they have attained by the strength of so much sacrifice.’”

“The Government of Cuba calls on all members of the international community and on the citizens of the United States to stop the irrational escalation and the policy of hostility and aggression of the government of Donald Trump. With complete justification, year after year the Member States of the United Nations have called practically unanimously for the end to this economic war.  The peoples and governments of our region must see to it that, for the benefit of all, the principles of the Proclamation of Latin America and the Caribbean as a Zone of Peace prevail.”

“Last April 13th, the President of the Councils of State and Ministers Miguel Díaz-Canel Bermúdez declared: ‘Cuba continues to trust in its strength, its dignity and also in the strength and dignity of other independent and sovereign nations.  But it also continues to believe in the American people, in the Land of Lincoln, that they should be ashamed of those who act on the fringes of universal law on behalf of the entire American nation.’ Once again, Cuba repudiates the lies and threats, and reiterates that its sovereignty, independence and commitment to the cause of the peoples of Latin America and the Caribbean are not negotiable.”

“Two days away from commemorating the 58th anniversary of the Playa Girón Victory, a historical point in national geography where the mercenary forces sent by imperialism tasted the dust of defeat, the Cuban Revolution reiterates its firm determination to face up to and prevail over the escalated aggression of the United States.”

Cuban Government Officials[2]

Cuban President Miguel Diaz-Canel responded defiantly with these tweets: ‘Cubans do not surrender, nor do we accept laws about our destinies that are outside the Constitution. In Cuba we Cubans will not change the attitude towards those who hold the sword against us.’ He added,  ‘No one will rip the (Fatherland) away from us, neither by seduction nor by force, We Cubans do not surrender.’’”

In another tweet, Diaz-Canel said,  ‘Title III is not worse than the I and II, which are in the portfolio of actions against all the people of Cuba, Cubans do not give up.”

Also initially responding with tweets was Cuba Foreign Minister Bruno Rodriguez. He “called it an attack on international law, Cuban sovereignty and countries that would do business with the island: Aggressive escalation by US against Cuba will fail. Like at Giron, we will be victorious.’”

On state television, Rodriguez said, ‘”We will always be willing to have a dialogue based on absolute respect, but if the U.S. government has chosen a confrontational path we will not hesitate to defend the gains of the revolution at any cost.’” According to Rodríguez, ‘These decisions of Washington are an aggressive escalation of the US against Cuba that ‘will fail.’”

In another tweet, he also repudiated the ‘aggressive discourse, calumnies and measures to intensify the blockade announced by the US National Security Adviser [Bolton that] constitute a new aggression against the people of Cuba, the American people, Cuban emigration and sovereign states.’”

.”’But now there are nefarious interests in the government of that country, an increasingly monopoly, more McCarthyist policy against Our America and against our people, based on true slander.’”

“’We, of course, will not give up one bit of our principles. We will continue our solidarity support to the sister Bolivarian Republic of Venezuela and we will follow the course that our people, now in a free and universal referendum, has confirmed towards an increasingly just, advanced, increasingly inclusive Cuban socialism and the foreign policy of the Revolution Cubans will continue to be the same, as the Constitution confirms. Our principles are unchangeable and invariable.’”

  Other Cubans[3]

The most cogent opinion on these issues was provided by Rafael Rojas, who is one of Cuba’s most distinguished historians with many publications and the holder of university positions around the world. He wrote the following 10 objections to what he calls “the Bolton Doctrine” in Madrid’s El Pais.

  • “1. In the conflict between the United States, Cuba, Nicaragua and Venezuela, the symbolic dimension weighs heavily. From Washington, Havana, Caracas, Managua and, of course, Miami, these differences are assumed as inertias or continuations of the Cold War. But in most of the world this is not the case: the conflict between communism and anti-communism is marginal on the planetary level. To have announced the new policy in Miami, on the anniversary of the failed Bay of Pigs invasion of 1961, is to persist in that local, archaic entanglement that favors Manichaeism and the binary visions of contemporary politics.”
  • “ The announcement of the new measures from Miami, by Bolton, reinforces a double and harmful subordination: that of the policy towards Venezuela, Nicaragua and Cuba to the sphere of the “national security” of the United States and that of the Washington agenda for those countries to the electoral cycles in the state of Florida.”
  • “ The sanctions against the three regimes adopt a totally unilateral sense at a time when various global institutions and diplomatic initiatives (OAS, UN, Lima Group, International Contact Group of the European Union, Prosur, Uruguayan and Mexican chanceries) try to arrange multilateral actions to face the Venezuelan and Nicaraguan crisis.”
  • “ During the last two decades, the US Department of State has maintained a differentiated policy for Venezuela, Cuba and Nicaragua. It is evident that these regimes act coordinated in a permanent strategy of promoting authoritarian alternatives to democracy in the hemisphere, but, at the same time, the differences between the three political systems, the peculiarities of their respective relations with civil society and society are indisputable [as are] the opposition and nuances of its international commitments and Government priorities.”
  • “The definition of these regimes as “troika of tyrannies” is not only a theoretical simplification, that almost the whole of Latin America and the European Union, plus the UN, China and India, Africa and the Middle East do not share, but an incentive to the deployment of a greater diplomatic and military collaboration of those governments among themselves and with their allies in the world, especially Russia and Iran.”
  • “The application of Titles III and IV of the Helms-Burton Act, passed in 1996, had been postponed by all the governments of the United States until now: the second by Bill Clinton, the two by George W. Bush and the two of Barack Obama [and the two??? by Trump]. The reason was always a mixture of recognition of the global unpopularity of the embargo against Cuba and the complications that could arise in relations with Europe, Canada, Latin America and Asia, in case of demands to companies from those regions that operated in Cuba with confiscated properties. The thousands of cases of Cuban-American citizens that will be presented before the US justice system, in addition to being complicated and burdensome, will generate costs at the international level, as already observed with the European Union’s appeal to the World Trade Organization (WTO).”
  • “Restrictions on American tourist trips and remittances from Cuban-Americans from the United States will not only affect the income of Miguel Diaz Canel’s government: they will also damage the small market sphere that attempts to articulate within the island. The new policy towards Cuba returns to the old paradox of the republican right to promote capitalism, closing the external ways by which capitalism can reproduce itself.”
  • “The sanctions against the Central Bank of Venezuela continue the punitive strategy undertaken so far by the Trump administration against the financial networks of the Government of Nicolás Maduro. Who announces that measure in Miami is the same one that recently proposed the sending of 5,000 soldiers to the border between Colombia and Venezuela and the same government that already openly complains about the inability of its ally, President Ivan Duque [Colombia’s current president], to reduce drug trafficking.”
  • “ The measures against the Government of Daniel Ortega also try to affect the sources of income of the Sandinista State, through the freezing of funds from the Corporate Bank of Nicaragua and the official investment and export agency, ProNicaragua, headed by the son of the presidential couple, Laureano Ortega Murillo. So far, this type of personalized sanctions has not yielded results in Cuba or Venezuela, in terms of promoting greater economic and political openness. Daniel Ortega, a leader so discredited by the Latin American left, gains prestige with the Bolton doctrine.”
  • “ The purpose of the unilateral US offensive against Venezuela, Cuba and Nicaragua is not, apparently, a flexibilization but a breakdown of those regimes. But for that to happen, unlikely scenarios would have to occur: a military uprising in Venezuela, a coup in Nicaragua or a popular uprising in Cuba. In a possible conjuncture of simultaneous economic asphyxia in the three countries should not rule out a greater cohesion against the external enemy, despite the greater or lesser wear and tear of their respective leaders. Not even the collapse of one of those regimes would necessarily mean the collapse of the other two.”

Another article critical of the new U.S. measures in tones similar to those  expressed by the Cuban government and its officials appears in Granma, the official newspaper of the Communist Party of Cuba.

On the other hand, some Cubans disagreed with the Cuban government’s lengthy and vitriolic attacks on the new U.S. measures. These articles were an editorial in Diario de Cuba and one of its articles by Elias Amor; this Internet periodical is published in Madrid, Spain and says that “the  views expressed are not those of any government, nor of any corporate entity other than K&M Productions, LLC, of Boston, Massachusetts.”

A surprising opinion on the new U.S. policies was voiced by Antonio Rodiles, a member of the Cuban opposition, when saying he supported the new U.S. restrictions. “”Pressure is needed. In what other way will it be possible to stop a regime like this? I do not see another Possibility.”

Conclusion[4]

 The lengthy declaration by the Cuban Government was to be expected. Criticism of the official position of the Cuban Government on these issues from  Dario de Cuba was also to be expected as it always publishing such pieces and makes one wonder whether it secretly is funded by the U.S. government.

Most persuasive are the 10 reasons advanced by respected historian Rafael Rojas. I agree that the speech by John Bolton seems erroneously anchored in the views of the Cold War, which has been over for some time; that the new measures seem derived from U.S. political concerns about the state of Florida in national politics; that the new measures totally ignore multilateral efforts to solve the many issues in Cuba, Venezuela and Nicaragua; that the new U.S. measures encourage these three countries to seek help from Russia and Iran; that the previous U.S. waiver of enforcement of provisions of the Hale-Burton Act were based on realistic assessments that the related U.S. embargo of Cuba was rejected by virtually every country in the world whereas enforcement of those provisions of the Act would generate costs at the international level, including tension with U.S. allies; that the restriction of U.S. remittances and travel to Cuba will harm emerging Cuban free enterprise; and that the true purpose of these new U.S. measures does not appear to encourage actions consistent with U.S. interests, but instead to cause a breakdown of their regimes.

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[1] Cuba Foreign Ministry, Declaration of the Revolutionary Government of Cuba: The Cuban revolution reiterates its firm determination to face the escalation in aggression by the United States (April 18, 2019).

[2] Solomon, Reichmann & Lee (AP), Trump Cracks Down on Cuba, Nicaragua and Venezuela, Wash. Post (April 17, 2019); DeYoung, Trump administration announces new measures against Cuba, Wash. Post (April 17, 2019); Reuters, Trump’s Cuba Hawks Try to Squeeze Havana Over Venezuela Role, N.Y. Times ( April 17, 2019).

[3] Rojas, Ten Objections to the Bolton doctrine, El Pais (April 18, 2019); Capote, Let’s talk Cuban about the Helms-Burton, Granma (April 17, 2019); Editorial, The Helms-Burton Act and the responsibility of the Cuban regime, Diario de Cuba (April 18, 2019); Amor, Will the Cubans be impoverished by the Helms-Burton Law?, Diario de Cuba (April 20, 2019).

[4] As always corrections and opinions about this post are welcome. Are there any other significant Cuban statements on these new U.S. measures? If so, add them in comments to this post.