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

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

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]

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 1^st 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).

U.N. Human Rights Council Members Call for Venezuela To Engage with Political Opposition

At the September 29 meeting of the United Nations Human Rights Council, Paraguay led 29 countries, including the U.S. and the U.K., in presenting a statement that reiterated their “commitment to assist, within the framework of international law, to ensuring that Venezuelans fully enjoyed their civil, political, economic, social, and cultural rights. The disposition of the Holy See to contribute to facilitating dialogue was welcomed. Concern was expressed at reports of repression of the voices of the opposition and excessive force used against peaceful protesters and journalists.” The statement also urged all parties in Venezuela to hold a “timely and effective dialogue,” either directly or via facilitators, “to preserve peace and safety, to ensure the full respect of human rights, due process, the separation of powers and the consolidation of a representative democracy” and to release political prisoners.[1]

Not surprisingly Venezuela opposed this statement. It alleged that “the statement [was] authored by the United States . . . [and] constituted a brazen interference into the internal affairs of Venezuela, which had been chosen as a new imperial target.”

Cuba, an ally of Venezuela and on behalf of another group of countries, opposed the statement and instead “called for respect for the sovereignty of Venezuela, in recognition of the right to choose one’s own political system, and expressed support for the Government of Venezuela in ensuring the democratic institutions of the country’s functioning. An appeal was made to all responsible members of the international community to refrain from manifestations of interference in the internal affairs of Venezuela.” In addition, Cuba alleged that “many countries were meddling into the internal affairs of Venezuela, and Cuba would continue to oppose such attempts and to support the Constitutional President Nicolas Maduro.”

Another opponent, Nicaragua, speaking on behalf of the Bolivarian Alliance for the Peoples of Our America, asserted, “Venezuela had been a victim of an unprecedented media campaign, which aimed to disregard and hide the achievements of the Bolivarian revolution. Those who promoted that campaign used human rights in a selective and political manner as an excuse to create conditions to destabilize the participative democracy in Venezuela. The Group demanded full respect for Venezuela’s sovereignty.”

Two other countries spoke on the Venezuela issue. Bolivia said Venezuela “had shown the world its ability to solve differences in compliance with the principle of sovereignty” and “warned against economic sabotage of Venezuela and guarded against violence and destabilization of that country.” Ecuador encouraged the “dialogue [already] underway in Venezuela,” which “should sovereignly and freely arrive at a solution.”

At the opening of this session of the Council on September 13, U.N. High Commissioner for Human Rights Zeid Ra’ad al Hussein delivered his global update on human rights that included the following lengthy comments about Venezuela:

“For the past two and a half years, Venezuela has refused even to issue a visa to my Regional Representative. Its comprehensive denial of access to my staff is particularly shocking in the light of our acute concerns regarding allegations of repression of opposition voices and civil society groups; arbitrary arrests; excessive use of force against peaceful protests; the erosion of independence of rule of law institutions; and a dramatic decline in enjoyment of economic and social rights, with increasingly widespread hunger and sharply deteriorating health-care. My Office will continue to follow the situation in the country very closely, and we will state our concerns for the human rights of Venezuela’s people at every opportunity. Respect for international human rights norms can create a narrow path upon which the Government and the opposition can both tread, to address and resolve peacefully the country’s current challenges – particularly through meaningful dialogue, respecting the rule of the law and the Constitution. My Office stands ready to assist in addressing the current human rights challenges, and I thank the Secretary-General of the Organization of American States for recommending that Venezuela work with my Office on a Truth Commission, which could indeed offer the people an important voice.”[2]

Any casual observer from the U.S. and elsewhere should know that Venezuela has been experiencing exceedingly difficult economic and political problems and that most of its people are desperate for food and other essentials. Its government’s attempt to gain international support by calling and hosting a sparsely attended Summit of the Non-Aligned Movement, as discussed in a prior post, was an embarrassing failure.

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[1] U.N. Hum. Rts. Council, Human Rights Council holds general debate on technical assistance and capacity building in the field of human rights (Sept. 29, 2016); Reuters, Venezuela Urged at U.N. to Seek National Dialogue, Free Inmates, N.Y. Times (Sept. 29, 2016).

[2] Zeid’s global human rights update, U.N. Hum. Rts. Council (Sept. 13, 2016).

U.S. Continues Its Absurd Special Immigration Benefits for Cubans

This blog has frequently criticized the U.S. special immigration benefits for Cubans under the Cuban Adjustment Act and the wet foot/dry foot policy.[1]

On August 29 nine Latin American countries joined together to call for the U.S. to end these policies. Their joint letter was signed by the foreign ministers of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua, Panama and Peru, all of which recently have been affected by large numbers of Cubans transiting through their countries to reach the U.S.-Mexico border and gain admittance to the U.S. under these policies.[2]

The letter expressed their “deep concern” that U.S. policy toward Cuban migrants is creating a humanitarian crisis and encouraging “a disorderly, irregular and unsafe flow of Cubans. Cuban citizens risk their lives, on a daily basis, seeking to reach the United States. These people, often facing situations of extreme vulnerability, fall victim to mafias dedicated to people trafficking, sexual exploitation and collective assaults. This situation has generated a migratory crisis that is affecting our countries.”

The letter also requested a meeting on these issues with Secretary of State John Kerry.

The letter was announced on August 29 by Ecuador’s Foreign Minister Guillaume Long, saying, “The fact that nine foreign ministers have signed this letter shows the strength of the sentiment in Latin America that United States policy is creating a migration crisis in our region. It’s time for the U.S. to change its outdated immigration policies toward Cubans, because they are undermining regular and safe migration in our continent.” Long added that the decades-old policy also is a form of “terrible discrimination,” given that scores of migrants from other Latin American countries are forced to “hide and often live decades with the threat of deportation” if they are undocumented, while Cubans are given residence if they step foot on U.S. territory. This injustice must stop for the wellbeing of all.”

The prior week the Costa Rican Foreign Minister Manuel González told the McClatchy news organization that the issue has cost his country millions of dollars it doesn’t have and has raised complaints from Costa Ricans about spending resources on stranded foreigners when they were needed by the nation’s own citizens. “The difficulties between the U.S. and Cuba has a direct consequence on other countries in our region that serve as transit. And we are, in a way, paying the consequences of that bilateral relationship.”

Cuban migration indeed is a serious problem for these Latin American countries and for Cuba. More than 46,500 Cubans were admitted to the U.S. without visas during the first 10 months of the 2016 fiscal year compared with more than 43,000 in 2015 and just over 24,000 in 2014.

The continuation of this combined policy has been criticized by the New York Times editorial board. This “anachronistic policy is irrational, strains relations with America’s neighbors and endangers lives. It also has the effect of easing pressure on Cuba’s authoritarian government to make economic and political reforms by offering an incentive to those who are most dissatisfied with the status quo to take a dangerous way out.”[3]

A similar criticism was offered by a prominent writer on Latin American affairs, Andrés Oppenheimer. He said, “It’s time to revise the U.S. government’s special status for Cuban refugees. But it should be done as part of a new commitment by all countries in the region to grant asylum to Cuba’s political refugees, and to press Cuba to abide by international human rights laws. . . . It’s time for all sides to end Cuba policies that are relics of the Cold War. Washington should change its much-abused laws giving special status to all Cuban refugees, and Latin American countries should end their shameful silence on Cuba’s repressive dictatorship, which is at the root of Cuba’s main problems. These are new times that require new policies by all countries.”[4]

Nevertheless, on August 30, a U.S. State Department spokesman acknowledged receipt of the letter from nine Latin American countries and merely said, “the Cuban Adjustment Act remains in place and wet foot/dry foot remains U.S. policy regarding Cuban migration.” He also added these comments: “we are concerned for the safety of all migrants throughout the region, including migrants seeking to journey northward through South and Central America and Mexico. Irregular migration often involves dangerous journeys that illustrate the inherent risks and uncertainties of involvement with organized crime, including human smugglers and traffickers in attempts to reach the United States. We continue to encourage all countries to respect the human rights of migrants and asylum seekers, and to ensure that they are treated humanely. And we’re going to continue to, obviously, engage governments in the region on this issue going forward.”[5]

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[1] See posts listed in “Cuban Migration to U.S., 2015-2016” in List of Posts to dwkcommentaries—Topical: Cuba.

[2] Ordońez, Nine Latin nations band together to plead with U.S. over Cuba, InCubaToday (Aug. 29. 2016); Telesur, Nine Latin American Countries Slam US for creating migrant crisis, Global Research (Aug. 29, 2016); Assoc. Press, LatAm Diplomats Urge US to Change Policy on Cuban Migrants, N.Y. Times (Aug. 29, 2016).

[3] Editorial, Neighbors Question Cuba Migration Policy, N.Y. Times (Aug. 31, 2016).

[4] Oppenheimer, It’s time to change Cubans’ special immigration status, InCubaToday (Aug. 31, 2016).

[5] U.S. State Dep’t, Daily Press Briefing (Aug. 30, 2016).

Cuba and Nine Other Countries Reject Accreditation of Free Press Group To Participate in U.N. Meetings

On May 26, a United Nations committee rejected, 10 to 6, an application for accreditation to attend U.N. meetings from the Committee to Protect Journalists (CPJ), an international, independent group that monitors attacks on journalists around the world and campaigns for the release of those who are jailed.[1]

The 10 negative votes came from Cuba along with Azerbaijan, Burundi, China, Nicaragua, Pakistan, Russia, South Africa, Sudan and Venezuela. The yes votes came from Greece, Guinea, Israel, Mauritania, the United States and Uruguay. The abstentions were by India, Iran and Turkey, the latter two having reputations for persecuting journalists.

At the committee meeting U.S. Ambassador Sarah Mendelson made a lengthy statement advocating accreditation for CPJ, which, she said, is “a reputable non-governmental organization that promotes press freedom worldwide and defends the right of journalists to report the news without fear of reprisal.” Such a group has shown that “a free press remains a critical foundation for prosperous, open, and secure societies, allowing citizens to access information and hold their governments accountable. Indeed, the Universal Declaration of Human Rights reiterates the fundamental principle that every person has the right ‘to seek, receive, and impart information and ideas through any media and regardless of frontiers.’”[2]

Afterwards the U.S. Ambassador to the U.N., Samantha Power, said, “It is increasingly clear that the NGO committee acts more and more like an anti-NGO committee.” She also said that the U.S. would appeal the committee’s decision to the full 54-member U.N. Economic and Social Council.

CPJ stated, “It is sad that the U.N., which has taken up the issue of press freedom through Security Council and General Assembly resolutions and through the adoption of the U.N. Action Plan, has denied accreditation to CPJ, which has deep and useful knowledge that could inform decision making. A small group of countries with poor press freedom records are using bureaucratic delaying tactics to sabotage and undermine any efforts that call their own abusive policies into high relief.”[3]

This April CPJ’s annual report ranked Cuba 10^th on its list of the 10 Most Censored Countries. Key for this ranking was Cuba’s having “the most restricted climate for press freedom in the Americas. The print and broadcast media are wholly controlled by the one-party Communist state, which has been in power for more than half a century and, by law, must be ‘in accordance with the goals of the socialist society.'” In addition, CPJ stated, “The government continues to target critical journalists through harassment, surveillance, and short-term detentions.”[4]

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[1] Sengupta, Press Freedom Group’s Application for U.N. Accreditation is Rejected, N.Y. Times (May 26, 2016); Assoc. Press, UN Committee Denies Credentials to Press Freedom Group, N.Y. Times (May 26, 2016); Reuters, U.N. Panel Rejects Press Freedom Watchdog Accreditation Request, N.Y. Times (May 26, 2016).

[2] Mendelson, Remarks at the UN Committee on Non-Governmental Organizations Regarding the Accreditation of the Committee to Protect Journalists, U.S. Mission to the U.N. (May 26, 2016).

[3] CPJ, CPJ denied ECOSOC consultative status after vote in UN NGO Committee (May 26, 2016).

[4] Cuba Gets Low Marks on Press Freedom from Committee to Protect Journalists, dwkcommentaries.com (April 18, 2016).

Continued Cuban Migrant Problems in Central America

Since late last year large numbers of Cuban migrants have traveled by land through Central America to try to reach the U.S.-Mexico border where they will be paroled into the U.S.[1]

This movement of Cubans continues, and on May 9, Panama’s President Juan Carlos Varela announced he had agreed with his Mexican counterpart to fly 3,800 Cubans already stranded for weeks in Panama to the Mexico-U.S. border at the Cubans’ expense. The flights began that day and will last two to three weeks.[2]

Varela said it was a difficult decision, but necessary because Nicaragua closed its border to Cubans last year and impeded their journey north and more recently Costa Rica had done likewise. As a result, this March Panama organized flights to Mexico for 1,300 Cubans while insisting such flights would not be repeated.

On May 9 the Panamanian government took additional action to confront this problem by closing its southern border with Colombia in an effort to stop the flow. “We’ve taken the difficult decision to close the border with Colombia in the Puerto Obaldia area and in other parts of the border to prevent the trafficking of illegal immigrants,” Varela said.

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[1] Here are a few of the posts regarding Cuban migrants in Central America: Resolution of Problem of Cuban Migrants Stranded in Costa Rica (Dec. 30, 2015); Cuban Migration Developments (Jan. 21, 2016); Another Cuban Migrant Problem in Central America (April 17, 2016).

[2] Reuters, Panama Closes Border With Colombia to Stem Migrant Flow, N.Y. Times (May 9, 2016); Assoc. Press, Panama Closes Border to Cubans, Flies Others to Mexico, N.Y. Times (May 9, 2016); Panama begins more flights of Cuban migrants to Mexico, BBC News (May 9, 2016); Wyss, Cuban migrants face dangerous, grueling jungle trip as Panama clamps down, Miami Herald (May 9, 2016).

Raúl Castro Discusses Cuba-U.S. Relations in Report to Seventh Congress of the Communist Party of Cuba

The major event of the first day (April 16) of the four-day Seventh Congress of the Communist Party of Cuba was the two-hour, live televised address by Raúl Castro, the First Secretary of its Central Committee (and also President and General of the Army).[1] Most of this address concerned the country’s internal socio-economic and other issues, which will be covered in a subsequent post, while a prior post provided an overview of the Congress. This post will focus on his discussion of Cuba-U.S. relations. Here is what he had to say on that subject near the end of the speech along with this blogger’s reactions.

Castro’s Remarks

“Fifteen months have transpired since we announced, simultaneously with President Barack Obama, the decision to reestablish diplomatic relations between Cuba and the United States, on the basis of sovereign equality, non-interference in domestic affairs, and absolute respect for our independence. Hours before this speech, Fidel’s promise to the Cuban people was kept, with the completion of the return to the homeland of the Cuban Five.”

“We have reached this point thanks to the heroic resistance and sacrifice of the Cuban people, and their loyalty to the Revolution’s ideals and principles, supported by decisive international solidarity, made clear in multiple events and international organizations, in particular the overwhelming votes in the United Nations General Assembly against the blockade.”

“The political map of Our America had changed, given the advance of political forces on the left and popular movements, which contributed to progress in regional integration, symbolized by the constituting of the Community of Latin American and Caribbean States (CELAC), in December of 2011.”

“All of this placed the [U.S.] in an untenable situation of isolation within the hemisphere, and put the so-called inter-American system in crisis, as was made evident by the demand to end the blockade and opposition to the exclusion of Cuba from the 6th Summit of the Americas in Cartagena, in 2012.”

“On the other hand, changes have been occurring in U.S. society, and in the Cuban émigré community, in favor of the modification of the [U.S.’] policy toward Cuba.”

“In April of last year, we attended the 7th Summit of the Americas in Panama, with our heads held high. . . .”

“Throughout the period . . . since December of 2014, concrete results have been achieved in the dialogue and in cooperation between Cuba and the [U.S.] Nevertheless, the economic, commercial and financial blockade, imposed more than half a century ago, remains in force, with unquestionably intimidating, extraterritorial effects, although we recognize the position taken by President Obama and high-ranking administration officials against the blockade, and their repeated appeals to Congress in the interest of eliminating it.”

“The measures announced prior to [President Obama’s] visit to Havana, to introduce some modifications in the blockade’s implementation, on the basis of his executive powers, are positive but insufficient.”

“As we expressed in the meeting between the two Presidents with the press, to advance toward normalization of relations, it is imperative to eliminate the blockade, which causes our population hardship and constitutes the principal obstacle to economic development of the country; and return the territory illegally occupied by the Guantánamo Naval Base against the will of the Cuban government and people.”

“Likewise, [U.S.] programs directed toward changing the political, economic and social system, which we have chosen sovereignly, must be ended, along with other damaging policies still in effect.”

U.S. immigration “policy continues to be used as a weapon against the Revolution. The Cuban Adjustment Law, the “wet foot-dry foot” policy, and the Parole program for Cuban medical professionals remain in effect, to encourage illegal and unsafe emigration, and seeking to deprive us of qualified personnel.”[2]

“These practices do not reflect the stated change of policy toward Cuba, and generate difficulties for third countries.”

“There are more than a few U.S. government officials who upon recognizing the failure of their policy toward Cuba, make no attempt to disguise their affirmations that the goals remain the same, only the means are being modified.”

“We are willing to carry out a respectful dialogue and construct a new type of relationship with the [U.S.], one which has never existed between the two countries, because we are convinced that this alone could produce mutual benefits.”

“However, it is imperative to reiterate that no one should assume that to achieve this Cuba must renounce the Revolution’s principles, or make concessions to the detriment of its sovereignty and independence, or forego the defense of its ideals or the exercise of its foreign policy – committed to just causes, the defense of self-determination, and our traditional support to sister countries.”

“As the Constitution of the Republic stipulates, ‘Economic, diplomatic or political relations with any other state can never be negotiated under aggression, threats, or coercion by a foreign power.’”

“The road to normalization of bilateral ties is long and complex, and we will advance to the extent we are capable of putting into practice the art of civilized coexistence, or in other words, accept and respect our differences which are, and will be, profound; not making them the center of our relations, but rather concentrating on what brings us closer and not what separates us, promoting what is beneficial to both countries.”

“Relations with the [U.S.] have historically represented a challenge for Cuba, given their permanent pretension of exercising domination over our nation, and the determination of Cubans to be free and independent, regardless of the dangers to be faced, or the price we would have to pay.”

“The people’s unity with the Party, its profound patriotism and political culture, which have allowed us to confront the policy of aggression and hostility, will serve as a shield to defeat any attempt to undermine the revolutionary spirit of Cubans. This will be a challenge, especially for the youngest, who the Party recognizes as the continuators of the Revolution’s work and of the patriotic convictions of their grandparents and parents.”

Castro then launched into a defense of its Latin American allies against an unnamed foe (the U.S.):

“Latin America and the Caribbean find themselves experiencing the effects of a strong, articulated counteroffensive, on the part of imperialism and oligarchies, against revolutionary and progressive governments, in a difficult context marked by the deceleration of the economy, which has negatively impacted the continuity of policies directed toward development and social inclusion, and the conquests won by popular sectors.”
“This reactionary attack uses methods and technologies specific to the new doctrine of unconventional war, especially in the area of communications and culture, without ruling out attempts at destabilization and coups.”
“This policy is principally directed toward the sister Bolivarian Republic of Venezuela, and has been intensified in recent months in Bolivia, Ecuador, and Brazil, as well as Nicaragua and El Salvador.”
“Recent setbacks for governments of the left in the hemisphere are being used to announce the end of a progressive historical cycle, opening the way for the return of neoliberalism and demoralization of political forces and parties, social movements and working classes, which we must confront with more unity and increased articulation of revolutionary action.”
“We hold the firm conviction that the Venezuelan people will defend the legacy of our beloved compañero Hugo Chávez Frías, and prevent the dismantling of the accomplishments achieved. To the Bolivarian and Chavista Revolution, to President Maduro and his government, and to the civic-military union of the Venezuelan people, we reiterate our solidarity, our commitment, and energetic rejection of efforts to isolate Venezuela while dialoging with Cuba.”
“We demand that the sovereignty and independence of states be respected, and that interference in domestic affairs cease. At the same time, we reaffirm our firm support to all revolutionary and progressive governments, headed by prestigious leaders, whose economic and social policies have led to justice, dignity, sovereignty, and tangible benefits for the great majority, in the world’s most unequal region.”
“Also being renewed are efforts by the [U.S.] and their allies to undermine unity and the process of regional integration, frustrate the advance of CELAC, ALBA, UNASUR, and others, through a supposed reform of the inter-American system, in particular the OAS, attempting to promote the leading role of other schemes more compatible with their hegemonic interests.”
“We will never forget that the OAS – the Organization of American States – founded by the [U.S.]during the second half of the past century, at the beginning of the Cold War, has only served interests which contradict those of Our America. This organization, rightly described as the “Ministry of colonies” of the [U.S.] by the Foreign Minister of Dignity, compañero Raúl Roa García, was the one that sanctioned Cuba, and was ready to offer support and recognition to a puppet government, if the mercenary invasion at Playa Girón [Bay of Pigs] had been successful. The list of actions it took against the nascent Cuban Revolution, and other revolutionary and progressive governments, is interminable.”

Cuba’s diatribe against the U.S. was broadened to include the rest of the world with this statement by Castro: “Increasingly more serious are threats to international peace and security, as a result of U.S. imperialism’s attempts to impose its hegemonic position in the face of changes in the world’s equilibrium, and of the philosophy of usurpation and control of strategic natural resources, made evident by the increasingly offensive and aggressive military doctrine of NATO; the proliferation of non-conventional wars under the pretext of fighting “international terrorism;” the sharpening of differences with Russia and China; and the danger of a war in the Middle East of incalculable dimensions.”

Earlier in the address, Castro sought to rebut U.S. complaints about Cuban human rights with these words: Cuba is a party to 44 international treaties on human rights while the U.S. is only party to 18.[3] Moreover, “equal pay for equal work, whether for a man or woman, is a human right [in Cuba]. In other countries, including the [U.S., it is not, women earn less and thus dozens of supposed human rights can be cited. Free medical care in Cuba is a human right. In many other countries, this is not a human right, it is a business. In our country, education is free, in how many countries of the world is education free? It’s a business, too. That is, we will discuss this issue of human rights with anyone and anywhere whatsoever, and we will recognize those who are in the right.”

Raúl then made a joke about political rights. “When they say to me that in Cuba there is only one party. And I answer them, ‘Yes, like you, you have a single party,’ and the North Americans answer me: “No, we have two.” And as if I did not know, they tell me their names, ‘Democratic and Republican.’ ‘Correct, that’s right, it’s the same as if we were to have two parties in Cuba, Fidel would head one and I the other.’”

Conclusion

Given the prior public positions of the Cuban government, Castro did not say anything new on the subject of Cuba-U.S. relations. As expressed in many earlier posts, I agree that the U.S. should end its embargo of Cuba, its special immigration policies regarding Cubans and its covert or “discreet” programs purportedly promoting democracy in Cuba.

I also recognize that Cuba repeatedly has alleged that the U.S. occupation of Guantanamo Bay is illegal, but saying so does not make it so, and this blog has suggested that the dispute on this issue is unlikely to be resolved in discussions and negotiations, but instead should be submitted for resolution to an independent court like the International Court of Arbitration at the Hague along with any damage claims asserted by Cuba with respect to the embargo.

Another point of disagreement with Castro is his assertion that the U.S. goal of Cuban regime change is the same, but that the means have changed. Yes, the U.S. vigorously advocates for the right of Cubans to elect their leaders by popular vote, for the right of Cubans to protest and demonstrate against the government and to express their opinions without arrest and arbitrary detention and for the empowerment of Cubans to engage in self-employment and business. If they had such rights, that might lead to changes in the Cuban economy and government, but those changes would be chosen by the Cuban people, not imposed upon them by the U.S.

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[1] Congress documents will be submitted to a broad discussion, Granma (April 16, 2016); 7^th Party Congress underway, Granma (April 16, 2016); Raúl Castro, Central Report to 7^th Congress of Communist Party of Cuba, Granma (April 16, 2016) (text in original Spanish); Raúl Castro, Central Report to 7^th Congress of Communist Party of Cuba, Granma (April 17, 2016) (text in English translation); Burnett, Raúl Castro Urges Cubans to Remain Alert to U.S. Efforts to Alter Communist System, N.Y. Times (April 16, 2016); Reuters, Castro Hardens Rhetoric, Warns Cubans to Be Alert to U.S. Intentions, N.Y. Times (April 16, 2016); Assoc. Press, Raul Castro Presents Grim Picture of Cuban Reforms, N.Y. Times (April 16, 2016); Torres, Raúl Castro proposes age limits on key jobs in CCP, Miami Herald (April 16, 2016);Raúl Castro derides US democracy in speech to Cuban Communist Party, Guardian (April 16, 2016); Editorial, Rhetoric and reality in Cuba, El Pais (April 17, 2016).

[2] Earlier in the speech Castro said, “Illegal and disorderly emigration of youth and specialists from various sectors is encouraged under the Cuban Adjustment Act, the “wet foot-dry foot” policy and the Parole Program, that is, permission to reside in the United States, granted with absolute speed, for our doctors, who provide services abroad.”

[3] Castro did not list the human rights treaties in question, and this blogger has not attempted to verify the assertion that Cuba was a party to 44 such treaties. Prior posts have pointed out that the U.S. is a party to 16 major such treaties while signing, but not ratifying 9 others and not signing and ratifying 7 others: Multilateral Human Rights Treaties Ratified by the U.S. (Feb. 9, 2013); Multilateral Treaties Signed, But Not Ratified by the U.S. (Feb. 12, 2013); Multilateral Human Rights Treaties That Have Not Been Signed and Ratified by the U.S. (Feb. 16, 2013)

Another Cuban Migrant Problem in Central America

Last November 8,000 Cuban migrants were stranded in Costa Rica on their journey to the U.S. after Nicaragua closed its borders with Costa Rica. This crisis eventually was resolved by a multilateral effort in that region to transport the migrants by plane and bus to the Mexico-U.S. border where they gained entry to the U.S. The last of such transfers occurred this March. Another part of the “solution” was Costa Rica’s closing its southern border to additional Cuban migrants coming from neighboring Panama.[1]

It recently has been revealed that the U.S. in January, pledged at least $1 million to help provide temporary shelter, potable water, food, sanitation and hygiene kits to the thousands of Cubans who had been stranded in Costa Rica while trying to make their way to the American border. The U.S. did so through the International Organization for Migration. The State Department said, “We expect this particular contribution to be a one-time contribution, and the final amount that will actually be provided to I.O.M. will depend upon needs on the ground, given that the number of vulnerable migrants in need of immediate humanitarian aid in Costa Rica fluctuates.”[2]

Now another similar crisis has erupted with over 3,500 Cuban migrants stranded in Panama and unable to enter Costa Rica. On April 13 an estimated 1,200 of the Cubans illegally entered Costa Rica after attacking one of its immigration offices at the border.

Costa Rica’s Response[3]

In its initial response, on April 11, Costa Rica’s Foreign Minister, Manuel González Sanz, issued a warning to the new wave of undocumented Cubans hoping to travel by land from Ecuador to the U.S. He said, “I want to make absolutely clear, to all the [Cuban] migrants who are coming and those already in Panama, that Costa Rica cannot and will not receive them.”

Moreover, The Foreign Minister stated Costa Rica ““will make use of all domestic and international measures at its disposal to address this situation, if we face something similar to what we faced from November to March.” His country, the Foreign Minister added, “already gave everything it could give, did more than it was required to do, and we definitely are not in a position to confront—not as part of a group and certainly not alone, as we did in the past—a situation similar to what the country experienced.”

González’s statement appropriately blamed U.S. laws, especially the Cuban Adjustment Act, granting special immigration benefits to Cubans arriving by land at the U.S. border. Therefore, the issue of Cuban migration “should be part of the bilateral relations between Cuba and the United States, but the reality is that the countries from Ecuador to Mexico, we are the ones caught in the middle and we are the ones suffering the consequences of laws that incite that migration.”

The next day, April 12, Costa Rica hosted a regional meeting to discuss this new migrant crisis. Other countries present were Ecuador, Colombia, Panama, El Salvador, Guatemala, Honduras, Mexico and the U.S. Absent were Nicaragua and Cuba. Costa Rica’s Foreign Minister said, ““We are once again faced with a valuable opportunity to continue the dialogue, take advantage of good practices and experiences, reaffirm our commitments and, as in the meetings that preceded this, demonstrate that we can provide permanent concrete solutions,” He added, “ If there is not a coordinated, structural approach by all the countries involved, we will continue to have these events affecting countries individually. But individual action has proven to be too fragile for one country to take on a problem of such magnitude.”

After the April 13 illegal entry of Cuban migrants, the Costa Rican government issued another statement. It said the government:

“Reaffirms its commitment to respect for human rights and the protection of the dignity of persons irrespective of their nationality. The Government is obliged to maintain, in compliance with the law a climate of social peace for its citizens, to events that put their safety at risk.”

“Remembers that Costa Rica was an example to the world with humanitarian assistance of Cuban migrants, with the help of communities, civil society, municipalities and public institutions to more than 8,000 people who were stranded in our territory attended between November 2015 and March 2016.”

“Remembers that since December 18, 2015, Costa Rica ceased granting extraordinary transit visas to Cuban migrants, who were notified, transparently and straightforwardly, they cannot enter the country illegally.”

“Reports the various U.S. regulations that promote and privilege for entry into that country, incite illegal Cuban migration and create perverse incentives to migration and favorable conditions for trafficking in human beings.”

“Deplores that Costa Rica and Panama are trapped in a region that maintains closed northern borders and open southern borders.”

“Reports that today more than a thousand irregular migrants entered Costa Rica violently in an affront to the Costa Rican people, who attended in past months so timely and generously to Cuban migrants.”

“Declares that Costa Rica has no economic or logistical capacity to host new groups of migrants. The Costa Rican people have given more than our ability is to sustain these groups of people.”

“Announced that efforts are made with the government of Panama to return all migrants irregularly entering our territory.”

“Repudiates and rejects all acts of violence and anyone who enters that way will be stopped.”

“Reports that Costa Rica had an active participation in the meeting held yesterday in San Jose, Costa Rica with chancellors, vice chancellors, members of government, immigration authorities and officials from UNHCR, UNDP, IOM. This meeting did not produce the expected results.” (Emphasis added.)

In addition, the President of Costa Rica, Luis Guillermo Solis Rivera, issued an order to implement this statement. In addition, the President stated that his government will write to President Obama to express his country’s “repudiation of . . . the effect of U.S. legislation which encourages [Cuban] migrants to continue a dangerous transit to that country using our territories.”

On April 15, the Government of Costa Rica issued another statement about the situation. This statement reiterated the previous points and declared that “Costa Rica and Panama are working to find joint and sustainable international solutions” to this problem.

Panama’s Response

On April 15, the Panama Foreign Ministry expressed “its concern about the current crisis of Cuban migrants in Latin America and their interest and willingness to find a sustainable and joint solution with the countries of the region.” It called on “the migrants living in our country to respect the peace and rules of both countries, especially in such a difficult situation.” At the same time, Panama has made significant efforts to safeguard the human rights of the migrants and has obtained Mexico’s agreement for nearly 1,300 Cuban migrants to fly from Panama to Mexico so they can continue their transit to the U.S. [4]

Cuba’s Response

Although invited to the Costa Rica meeting about the problem, Cuba did not attend, and no official Cuban statement on the matter has been found.

However, Raúl Castro as First Secretary of the Communist Party of Cuba on April 16 delivered the Central Report to the Party’s Seventh Congress. He said that U.S. migration policies that encourage Cubans to defect were “a weapon against the revolution.”[5]

U.S. Response

To my amazement and regret, I have not found any response to this situation from the U.S. Government.

However, prior posts have argued that the U.S. should terminate its ”dry feet” policy that allows Cubans automatic entry into the country without a visa when arriving by land as well as the U.S. Cuban Medical Personnel Parole Policy that grants such personnel parole into the U.S. These policies are based upon the obsolete U.S. notion that every Cuban leaving the island is escaping persecution.[6]

These recent problems in Central America provide another reason for the U.S. to terminate these programs. Our friends in Central and South America are being subjected to intolerable burdens from Cuban migrants and our friends also see what they regard as unfair harsh U.S. immigration policies for their people seeking to go to the U.S. when compared with the Cubans.

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[1] This earlier crisis was discussed in these blog posts: Cubans in Central America Provide Cuba with an Opportunity To Reiterate Its Objections to U.S. Immigration Policies (Nov. 20, 2015); Update on Cuban Migrants in Central America (Nov. 27, 2015); Status of Cuban Migrants in Central America Still Unresolved (Dec. 11, 2015); Resolution of Problem of Cuban Migrants Stranded in Central America (Dec. 30, 2015).

[2] Robles, U.S. Pays to Feed and Shelter Cuban Migrants Stranded in Costa Rica, N.Y. Times (Mar. 4, 2016;

[3] Meléndez, Costa Rica says its doors are closed to Cubans, Miami Herald (April 11, 2016); Costa Rica Foreign Ministry, Deputy Foreign Ministers Meeting in Costa Rica allowed constructive dialogue on the issue of migration flows (April 12, 2016); San Martin, Central American countries meet to resolve new Cuban migration wave, Miami Herald (April 12, 2106); Costa Rica Foreign Ministry, Declaration by the Government of Costa Rica to irregular entry of migrants (April 13, 2016); Assoc. Press, Migrants Force Way Into Costa Rica From Panama, N.Y. Times (April 13, 2016); Dyer, Costa Rica pushed greater regional cooperation on Cuba, African migration, Tico Times (April 13, 2016); Fernandez, Cuban migrants force their way across the Panama-Costa Rica border,Miami Herald (April 14, 2016); Costa Rica Foreign Ministry, Statement of the Government of Costa Rica to the attempt of massive influx of Cuban migrants (April 15, 2016).

[4] Panama Foreign Ministry, Panama reiterates concern over problems of Cuban migrants (April 15, 2016).

[5] Reuters, Castro Hardens Rhetoric, Warns Cubans to Be Alert to U.S. Intentions, N.Y. Times (April 16, 2016).

[6] Prior posts about special U.S. immigration laws for Cubans: New York Times Calls for End of U.S. Program for Special Immigration Relief for Cuba Medical Personnel (Nov. 23, 2014); U.S. and Cuba Fail To Resolve Complaints About U.S. Immigration Policies (Dec. 1, 2015); President Obama Should Exercise His Legal Authority To End U.S. Admission of Cubans Arriving with “Dry Feet” (Dec. 4, 2015); New York Times Calls for End to Special U.S. Immigration Programs for Cubans (Dec. 21, 2015); U.S. Ending Its Cuban Medical Personnel Parole Program? (Jan. 8, 2016).

Resolution of Problem of Cuban Migrants Stranded in Central America

On December 28, 2015, five Central American countries and Mexico apparently resolved the problem created by the presence of 6,000 to 8,000 Cuban migrants in Costa Rica. Many of the circumstances leading up to the presence of these migrants have been discussed in prior posts.[1] This post will review subsequent events that have made the problem more pressing for Costa Rica, the recent agreed-upon solution for this problem and issues presented for its full implementation.

Recent Developments

On December 18, 2015, Costa Rica suspended its participation in the political bodies of the Central American Integration System (SICA) because of the refusal of three members (Belize, Guatemala and Nicaragua) to seek a regional solution to the transit of the migrants on their way to the U.S.[2]

On the same date, Costa Rica announced that it would no longer issue any more transit visas to Cubans seeking to enter the country and that it would deport to Cuba any Cubans in the country without such visas. [3]

On Sunday, December 27, Pope Francis led the Angelus Prayer with pilgrims and tourists gathered in St. Peter’s Square from the window of his study in the Apostolic Palace at the Vatican. Immediately after the prayer, Francis said, “[M]y thoughts at this time to the numerous Cuban migrants who find themselves in difficulties in Central America, many of whom are victims of human trafficking. I invite the countries of the region to renew generously all necessary efforts to find a timely solution to this humanitarian tragedy.”[4]

Agreed-Upon Solution[5]

On Monday, December 28, Costa Rica, Panama, El Salvador, Honduras, Mexico and Guatemala met in Guatemala with the International Organization for Migration and agreed to what they called a “pilot project” to resolve the Cuban migrants problem. Here the main points of that “pilot program:”

In the first week of January 2016, 250 of the 6,000 to 8,000 migrants in Costa Rica will be flown from San Jose, Costa Rica to San Salvador, El Salvador, where they will obtain the latter’s transit visas.
These migrants will then be transferred to buses to be taken from El Salvador through Guatemala and Mexico to the latter’s northern border with the U.S. while obtaining on the journey the latter Guatemala and Mexican transit visas.
At the U.S. border, the migrants will present their papers to U.S. immigration officials and presumably will be allowed to come into the U.S. under its dry feet/wet feel policy.

In addition, the five Central American countries and Mexico reaffirmed their commitment to combat human trafficking networks, to apply the law “without delay” in order to severely penalize this illegal activity that “unfortunately obliges countries in the region to return to their country of origin all persons entering their territory in an unauthorized manner, ”to prevent irregular migration and to firmly combat the crime of human trafficking, and primarily to protect the integrity of migrants and ensure respect for their fundamental rights,” They also agreed to convene a Regional Conference on Migration to address this issue in its entirety.

El Salvador’s announcement of this agreement stated that its participation in the solution was “in line with the call made by His Holiness Pope Francis, in his message of December 27.” This sentiment was echoed by Edgar Gutiérrez, a political analyst and former Guatemalan foreign minister, who said, “I believe that the pope’s comments were extremely important to accelerate the negotiation process.”

The U.S. and Cuba were not directly involved in the negotiations of this agreement, but according to the Wall Street Journal, both of these countries had pressed the Central American countries to reach a regional agreement on resolving the current situation before the end of this year. They did so after the U.S. reportedly rejected a Costa Rica request for the U.S. to airlift the migrants directly to the U.S. and after Cuba’s Foreign Minister Bruno Rodríguez stated that “Cuba requests that the solution for the thousands of Cuban migrants in Costa Rica is adequate, taking into account the welfare of these citizens, and that it is as swift as possible.”

Just before this agreement was reached, the New York Times published a letter from Costa Rica’s Ambassador stressing “the growing humanitarian and economic challenge that Costa Rica faces in caring for [the Cuban migrants].”[6]

Concerns About the Agreed-Upon Solution

The current public information about the agreed-upon solution presents the following questions (and problems):

Will the ‘pilot project” be successful?
If it is successful, how many separate flights and bus trips will be necessary for all 6,000 to 8,000 migrants legally in Costa Rica? Based upon the 250 migrants involved in the “pilot project,” it will require a total of 32 such ventures for 8,000 migrants.
Over what period of time?
The “pilot project” and implementation for all of the 6,000 to 8,000 migrants now in Costa Rica with transit visas will be expensive. At only $1,000 per person the total cost would be $6 million to $8 million. Who will pay for it? The countries directly involved clearly are not wealthy countries and presumably cannot afford it. As a result, they probably will ask the U.S. to do. So. Will the U.S. agree to do so?
Will the U.S. still have the dry feet/wet feet policy in effect when the “pilot program” and other migrants arrive at the U.S. border and, therefore, be permitted to come into the U.S.?

An overarching concern is whether this agreement will encourage additional Cubans to leave their country in an effort to get to the U.S. next year, especially after Cuban President Raul Castro’s December 29 speech to the country’s National Assembly warning Cubans that next year will be a difficult year for the Cuban economy.[7]

Carlos Raúl Morales, Guatemala’s foreign minister, said, “We are finishing the work of the smugglers, and of course it will incentivize the arrival of more illegals, but in solidarity we could not ignore the drama in Costa Rica.” Similar thought were offered by Eric Olson, a Latin American analyst at the Wilson Center in Washington.

Central American officials, however, stressed the deal was one-off due to a humanitarian situation and that Costa Rica has ended the transit-visa program that had opened the door to Cuban migrants. “This solution is absolutely an exception for those people who had already arrived legally,” Costa Rican Foreign Minister Manuel González told reporters after the agreement was reached on Monday. “Costa Rica has been very clear that we cannot establish a permanent mechanism” for Cuban immigrants. A Mexican diplomatic official concurred: “The agreement among all of us is that we had to solve this under the principle of shared responsibility and that the problem cannot repeat itself.”

Another result of the surge of Cuban migrants through Central America and of the agreement to resolve the current situation will be the enlistment of all of the Central American countries plus Mexico in Cuba’s effort to persuade the U.S. to terminate as soon as possible its “dry feet/wet feet” immigration policy for Cubans.

This U.S. immigration policy can also be seen as part of the U.S. “visa waiver” program, which currently is under legitimate review for future restrictions to attempt to prevent foreign terrorists from coming to the U.S.[8]

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[1] Cubans in Central America Provide Cuba with Opportunity To Reiterate Its Objections to U.S. Immigration Policies (Nov. 20, 2015); Update on Cuban Migrants in Central America (Nov. 27, 2015); U.S. and Cuba Fail to Resolve Complaints About U.S. Immigration Policies (Dec. 1, 2015); Status of Cuban Migrants in Central America Still Unresolved ((Dec. 11, 2015).

[2] Costa Rica Foreign Ministry, Costa Rica suspends participation in political bodies of SICA refusal to Nicaragua, Guatemala and Belize agreed solution to the transit of Cuban migrants, (Dec. 18 2015).

[3] Assoc.Press, Costa Rica Suspends Visas for Cubans as Regional Protest, N.Y. Times (Dec. 18, 2015); Assoc. Press, Costa Rica Moves to Deport 56 Cuban Migrants, N.Y. Times (Dec. 26, 2015).

[4] The Words of the Pope at Angelus, 27/12/2015; Pope Francis Angelus appeal for Cuban migrants, Va. News (Dec. 27, 2015).

[5] Assoc. Press, Costa Rica: Some Stranded Cubans to be Allowed to Continue North, N.Y. Times (Dec. 28, 2015); Costa Rica Foreign Ministry, Countries in the region agree to give exceptional, safe passage and ordered Cuban migrants (Dec. 28, 2015); Guatemala Foreign Ministry, Press the Republic of Guatemala regarding the meeting held to address the immigration status of Cubans in Costa Rica (Dec. 28, 2015); El Salvador Foreign Ministry, El Salvador reiterates its readiness to cooperate with immigration crisis solution (Dec. 28, 2015); Central American agreement to transfer first group of Cuban migrants, Granma (Dec. 29, 2015); Iliff & Montes, Accord Over Cubans Stranded in Costa Rica Sparks Fear of Illegal Migration Wave, W.S.J. (Dec. 29, 2015).

[6] Macaya, Letter to the New York Times (Dec. 28, 2015).

[7] Iliff & Montes, Accord Over Cubans Stranded in Costa Rica Sparks Fear of Illegal Migration Wave, W.S.J. (Dec. 29, 2015); Assoc. Press, Raul Castro Prepares Cuba for Tough Year Despite US Opening, N.Y. Times (Dec. 29, 2015); Raul Castro, We never accept conditionalities for lacerating the sovereignty and dignity of the homeland, Granma (Dec. 30, 2015).

[8] E.g., Hulse, Some revealing Moments as Congress Closes the Door on 2015, N.Y. Times (Dec. 21, 2015)

Status of Cuban Migrants in Central America Still Unresolved

Previous posts have discussed the plight of Cuban migrants in Central America on their way for entry to the U.S. under its current “dry feet” policy. Nicaragua refused to admit such migrants from Costa Rica, and a regional meeting of foreign ministers failed to resolve the problem.[1] That is still the case.[2]

Other Countries‘ Refusal To Help

On December 8, the President of Costa Rica announced that his country had failed to find other countries in the region that are willing to take any of the approximately 5,000 Cuban migrants in Costa Rica so that they may continue their journey north to the U.S.

Belize has rejected Costa Rica’s request to allow the Cubans to transit through that country while Guatemala has requested a Mexican pledge to allow the migrants to go through that country to the U.S. before Guatemala will let the Cubans enter their country.

Nevertheless, Costa Rica has stated that it would not deport any of the Cubans to their home country against their will.

In the meantime Costa Rica has asked Ecuador, Colombia and Panama to limit the transit of any more Cubans. Panama now has approximately 1,000 Cuban migrants.

Inter-American Commission on Human Rights’ Concern

The Inter-American Commission on Human Rights has expressed its concern about the plight of the Cuban migrants in Costa Rica. The Commission, however, welcomed the decision of the Costa Rican government to grant transit visas to Cubans and to seek cooperation of other states in the region to facilitate the safe, orderly and documented transit of the migrants to the U.S. The Commission also has taken note of the November 30 U.S.-Cuba meeting about various migration issues.

The Commission reiterated that States have an obligation to respect and ensure the human rights of all migrants who are under their jurisdiction. Those rights are derived from the principle of human dignity

More specifically the Commission has urged the Nicaraguan government to investigate its alleged ill-treatment of the migrants. And to implement training programs on guidelines for use of force and the principle of non-discrimination. The Commission also has stressed the principle of non-refoulement, which necessarily implies that people are not rejected at border or expelled without an adequate and individualized analysis of their situations; the absolute prohibition of collective expulsions; and the obligation to take special measures for the different treatment of vulnerable groups within migrants.

In addition, the Commission urged the Cuba not to put obstacles to people wishing to leave the country.

Upcoming Costa Rica-Cuba Bilateral Meetings

On December 13-15, Costa Rica will hold apparently prearranged bilateral meetings in Havana because the published agenda does not include any mention of the migrant crisis. Instead that agenda includes the following:

Create a strategic alliance to link ecosystems biotechnology research
Strengthen ties of cooperation among public universities that have institutes of biotechnology.
Create links between software industries.
Promote training processes in high performance sport developing anti-doping testing.
Increase tourism connectivity by adding Costa Rica to flights that Cuba receives from China, Russia and Turkey,
Exchange experiences and knowledge in health case, especially primary care, cancer treatments and vaccines.
See investment opportunities in Cuba for Costa Rican businesses.

Let us hope that perhaps behind the scenes the presidents of the two countries will discuss and find ways to reduce or solve the crisis.

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[1] Cubans in Central America Provide Cuba with an Opportunity To Reiterates Its Objections to U.S. Immigration Policies (Nov. 20, 2015); Update on Cuban Migrants in Central America (Nov. 27, 2015); U.S. and Cuba Fail To Resolve Complaints About U.S. Immigration Policies (Dec. 1, 2015); President Obama Should Exercise His Legal Authority To End U.S. Admission of Cubans with “Dry Feet” (Dec. 4, 2015).

[2] Reuters, Belize Rejects Plan to Allow Cuban Migrants to Pass Through Its Territory, N.Y. Times (Dec. 8, 2015); Costa Rica Foreign Min., Belize says Cuban migration must be resolved as a regional issue and for now not serve this population (Dec. 8, 2015); OAS, IACHR Expresses Great Concern Regarding Situation of Cuban Migrants on the Costa Rica-Nicaragua Border (Dec. 8, 2015); Costa Rica Foreign Min., Commission expresses deep concern over situation of Cuban migrants at the border between Costa Rica and Nicaragua (Dec. 8, 2015); Assoc. Press, Costa Rica Will Not Send Cuban Migrants Home, N.Y. Times (Dec. 9, 2015);Costa Rica President Sends Message to Cuban migrants to failure of negotiations with countries in the region, Granma (Dec. 9, 2015); Guatemala demands Mexico pledge over blocked Cuban migrants, Tico Times (Dec. 9, 2015); Costa Rica Foreign Min., Bilateral ministerial meetings agenda official visit to Cuba (Dec. 10, 2015).

Update on Cuban Migrants in Central America

A prior post discussed the conflict between Costa Rica and Nicaragua over Cubans trying to traverse Central American countries on their way to the United States. Since then, the foreign ministers of the eight countries of the Central American Integration System (SICA) and of other interested countries (Cuba, Ecuador and Colombia) held an inconclusive meeting to discuss that situation and thereafter Ecuador announced a change in its policies for Cuban migrants. Here is a summary of those developments.

Situation of Cubans in Central America

An estimated 3,000 Cubans are now stuck in Costa Rica over Nicaragua’s refusing to allow their entry into that country for their journey to the U.S. Many of these Cubans have smart phones and social media that have assisted them in their trek from Ecuador to Central America and, they hope, on to the U.S.[1]

SICA Foreign Ministers Meeting

The situation of the Cuban migrants was the focus of the just mentioned SICA meeting on Tuesday (November 24) . Note that the U.S. was not present or invited.[2]

The situation was prompted by Nicaragua’s refusing to admit Cuban migrants from Costa Rica. Nicaragua said Costa Rica had created and manipulated this crisis by seeking to ignore the real cause: the U.S. immigration policies that need to be changed. “Our governments do not have the resources to deal with this new threat to our national security,” suggesting that Nicaragua was faced with the wave of Cubans that could facilitate terrorism or migrants from other countries. Nicaragua also criticized the Cold-War-era U.S. policies that allow the Cubans special status as migrants.

The Cuban Ministry of Foreign Affairs said the Cubans in Costa Rica came legally to different nations of Latin America, with all the requirements established by the migratory regulations of their country. “In an attempt to reach U.S. territory, [however,] they have become victims of traffickers and criminal gangs, which unscrupulously profit from the control of the passage of these people through South America, Central America and Mexico.” Moreover, Cuba stated that the migrants also were victims of the politicization of the migration issue by the U.S. government, through the Cuban Adjustment Act and the “wet-foot, dry-foot policy.”

Cuba also said it has remained in contact with the governments of the countries involved. Indeed, Cuba’s Foreign Minister, Bruno Rodriguez Parilla, visited officials of its allies, Ecuador and Nicaragua, on November 19 and 20 respectfully to discuss the situation.

Ecuador supported Nicaragua’s position by saying that under international law creation of humanitarian corridors only applies in situations of war or armed conflict which was not the case here.

The Salvadoran Minister of Foreign Affairs, Hugo Martinez, afterwards said it was necessary to reach a comprehensive solution that addressed the current immigration crisis. He also said that El Salvador will ask the International Organization for Migration to support Costa Rica in shelter conditions for the Cuban migrants. However, he said, allowing the passage of the migrants was subject to the “principle of self-determination” of each of the SICA countries and that the migration was not encouraged by the country of origin (Cuba) or by the Central American countries, but by the U.S. with its special immigration policies for Cubans.

After the meeting Costa Rica’s Foreign Minister, Manuel Gonzalez, said that Nicaragua had refused again to cooperate in finding and adopting a solution for the migrants.

The solution proposed by Costa Rica was an arrangement to enable the safe, orderly and documented transit of the Cuban migrants so that they would avoid falling prey to international trafficking networks. According to Gonzalez, Nicaragua objected to this proposal and did not present any viable alternative approach.

Ecuador’s Requiring Visas for Cubans

On November 26 Ecuador announced that effective December 1 it will require Cubans to have visas to enter the country. Ecuador’s Deputy Minister of Foreign Affairs, Xavier Lasso, said this change was to honor commitments it made at the SICA meeting “to stop human rights violations and even loss of lives” and to halt threats to Cuba’s population. Lasso also urged the U.S. to rescind its “dry feet” immigration policy so that Cubans would no longer attempt this journey.[3]

The next day hundreds of Cubans gathered at the Ecuadorian Embassy in Havana to protest the new visa policy. They were angry because they say they had bought airplane tickets to Ecuador before visas were required. An Embassy spokesman said the Cubans would have to get a new visa and speak to the airlines about refunds.[4]

Conclusion

I agree that special immigration benefits for Cubans arriving on land in the U.S. and the risk that these benefits will be eliminated are prompting many Cubans to try to come to the U.S. as soon as possible. I also agree that these U.S. laws and policies should be eliminated as soon as possible.[5] In a future post I will attempt at least a preliminary legal analysis of the claim that the Obama Administration on its own by executive order or changes in regulations could do this.

I also agree that the U.S. should abolish the Cuban Medical Professional Parole Program as discussed in prior posts.[6] Again I have not attempted to determine whether the Obama Administration on its own by executive order or changes in regulations could do this or whether it requires Congress to pass a bill. (I would appreciate comments on this issue by those with more knowledge of the issues.)

The continuation of these U.S. immigration laws and policies will clearly be at the top of the Cuban agenda for the biannual round of bilateral discussion of migration issues in Washington, D.C. on November 30. Now Cuba will emphasize the recent Cuban migrant situation in Central America as an additional reason for prompt U.S. action.[7]

I originally was baffled by the U.S.’ continued assertions that there would be no changes in U.S. immigration policies regarding Cuba because those policies, in my opinion, are so illogical and inappropriate for countries with normal relations. Now I suspect that those assertions were based upon the Administration’s assessment of the difficulty (or impossibility) in obtaining Congressional approval of any necessary legislative changes on these issues and the Administration’s belief or hope that such assertions would discourage Cubans from immediately accelerating their plans or desire to leave Cuba for the U.S.

I reach these conclusions even though I suspect that Nicaragua’s precipitating the current problem in Central America was at the request of its close ally, Cuba, because, in my opinion, (a) Nicaragua would not do anything regarding Cuba against the latter’s wishes; (b) Cuba is concerned about the number of Cubans leaving the island and with Nicaragua’s assistance perhaps could stop a major route for such an exodus; (c) Cuba would like to have another occasion or reason to blame the U.S. for the problem; and (d) Nicaragua’s complaints against Costa Rica are absurd. I also believe, for similar reasons, that Ecuador’s recent requirement of visas for Cubans was at the request of Cuba.

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[1] Assoc. Press, Social Media Helps Drive Historic Cuban Exodus to US, N.Y. Times (Nov. 23, 2015).

[2] Sica meeting will address situation of Cuban migrants in Central America, Granma (Nov. 20, 2015); Cuban Foreign Minister held working visit to Ecuador and Nicaragua, Granma (Nov. 22, 2015); Begins Tuesday SICA meeting on migration in Central America, Granma (Nov. 23, 2015); Moran, Cuban migration could generate humanitarian crisis, ContraPunto (Nov. 23, 2015); Assoc. Press, Central American Officials Meet on Cuban Migrant Problem, N.Y> Times (Nov. 24, 2015); Foreign Ministers Discuss in El Salvador on Cuban Migrants Situation, Prensa Latina (Nov. 24, 2015); SICA meeting solution Cuban migrants issue in Costa Rica, CubaDebate (Nov. 24, 2015); Costa Rica Foreign Ministry, Nicaragua PREVENTS regional and humanitarian solution for protection of Cuban Migrants (Nov. 24, 2015); Moran, Nicaragua blocks outlet for Cuban immigrants, ContraPunto (Nov. 24, 2015); SICA Meeting in El Salvador: Regional gathering discusses situation of Cuban migrants in Costa Rica, Granma (Nov. 25, 2015); Gomez, Central America, a broker of broken dreams, Granma (Nov. 26, 2015).