More Comments on Commission on Unalienable Rights

Yesterday’s post covered the formal launch of the Commission on Unalienable Rights. Here are additional reactions to the Commission. [1]

Negative Reactions

 Senator Robert Menendez (Dem., NJ), the Ranking Member of the Senate Foreign Relations Committee, said that Mr. Pompeo’s argument for a new human rights panel was “absurd” and that the Trump administration “has taken a wrecking ball to America’s global leadership on promoting fundamental rights across the world.” Instead, “we need this President and this Secretary to actually champion human rights by standing up for America’s values and by using the framework that is already in place and which has been championed by prior administrations for decades, regardless of party.”

Representative Eliot Engel (Dem., NY). the Chair of the House of Representatives Foreign Affairs Committee, stated, “This commission risks undermining many international human-rights norms that the United States helped establish, including LGBTQI rights and other critical human-rights protections around the world. Decades ago, Congress created an entire bureau in the State Department dedicated to defending and reporting on human rights and advising the Secretary and senior diplomats on human rights and democratic development. Now the Secretary wants to make an end run around established structures, expertise, and the law to give preference to discriminatory ideologies that would narrow protections for women, including on reproductive rights; for members of the LGBTQI community; and for other minority groups.” Engel also noted that he had cosponsored a measure to prohibit funding for this new body that recently had been passed by the House.

The American Jewish World Service denounced the creation of the commission because of what it said was a religious bent to the panel. Its director of government affairs, Rori Kramer, said, “As a Jewish organization, we are deeply skeptical of a government commission using a narrow view of religion as a means to undermine the ecumenical belief of respecting the dignity of every person, as well as the fundamental human rights enshrined in the Universal Declaration of Human Rights. We fear this commission will use a very particular view of religion to further diminish U.S. leadership on human rights.”

Rob Berschinski, the Senior Vice President for policy at Human Rights First and a former  deputy assistant secretary of state in the Bureau of Democracy, Human Rights and Labor during the Obama administration, said well-established principles for advancing human rights already existed and did not need to be revamped. He added that most of the 10 people named to the new commission viewed human rights largely through the lens of religious freedom. “At first blush,” he said, “the commission certainly seems to reinforce the perception that the administration and State Department under Secretary Pompeo uniquely emphasize religious freedom amongst universal rights.”

Another observer also voiced negative views of the Commission. “We don’t need this commission,” said Michael Posner, the State Department’s assistant secretary for DRL from 2009 to 2013. “What we need is for the U.S. government, the secretary of state and the president to abide by and uphold international human rights standards we already have adopted.”

Joanne Lin of Amnesty International said, “”If this administration truly wanted to support people’s rights, it would use the global framework that’s already in place. Instead, it wants to undermine rights for individuals, as well as the responsibilities of governments. This approach only encourages other countries to adopt a disregard for basic human rights standards and risks weakening international, as well as regional frameworks, placing the rights of millions of people around the world in jeopardy.”

Positive Reactions

Daniel Philpott, a University of Notre Dame professor who was initially mentioned as a potential commission member, said that natural law reflects a concern that human rights have gone off the rails, in part because of abortion and claims about marriage rights. “The idea is these claims of human rights are not based upon natural law or the truth of the human person. In a sense, these are false claims to human rights. It brings down the cause of human rights in general. Why should we pursue other human rights if human rights can be anything one faction or party advocates them to be?”

The Wall Street Journal notes that the Chair of the new Commission, Mary Ann Glendon, opposes abortion and same-sex marriage. And Tony Perkins, the president of the conservative Family Research Council, endorsed the Commission as an effort to “help further the protection of religious freedom, which is the foundation for all other human rights.”

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[1] Press Release: Menendez Questions Intent and Impact of Trump Admin’s New Commission on Unalienable Rights (July 8, 2019); Press Release, Engel Statement on State Department “Unalienable Rights” Commission (July 8, 2019); Wong & Sullivan, New Human Rights Panel Raises fears of a Narrowing U.S. Advocacy, N.Y. Times (July 8, 2019); Morello, State Department launches panel focused on human rights and natural law, Wash. Post (July 8, 2019); Visser, Mike Pompeo Unveils New Panel To Refocus U.S. Human Rights Priorities, Huffington Post (July 8, 2019); Oprysko, Mike Pompeo unveils panel to examine ‘unalienable rights,’ Politico (July 8, 2019); McBride, Pompeo Creates Commission on Human Rights, W.S.J. (July 8, 2019).

 

 

 

 

 

State Department Unjustly Downgrades Cuba in Annual Report on Human Trafficking

On June 20, 2019, the U.S. State Department released its 2019 Trafficking in Persons Report, as required by the U.S. Trafficking Victims Protection Act of 2000, as amended (TVPA).[1]

After examining this statute’s framework, we will look at the report’s flawed concentration of its discussion of Cuba on its  foreign medical mission program.

The Statutory Framework[2]

Severe forms of trafficking in persons.” That statute defines “severe forms of trafficking in persons” as: “sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age;” or “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.” (Emphasis added.)

Minimum Standards for the elimination of trafficking in persons.” This phrase in the statute is defined as follows:

  • “(1) The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking. “
  • “(2) For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim of sex trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or which causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault.”
  • “(3) For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense.”
  • “(4) The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons.”

The statute then goes on with great detail on 12 indicia of “serious and sustained efforts” as used in the last of these four minimum standards.

Finally the statue sets forth the following four categories or “tiers” for ranking all countries of the world in the State Department’s annual reports:

  • Tier 1. “Countries whose governments fully meet the TVPA’s minimum standards for the elimination of trafficking.”
  • Tier 2. “Countries whose governments do not fully meet the TVPA’s minimum standards but are making significant efforts to bring themselves into compliance with those standards.”
  • Tier 2 Watch List. “Countries whose governments do not fully meet the TVPA’s minimum standards but are making significant efforts to bring themselves into compliance with those standards, and for which: a) the absolute number of victims of severe forms of trafficking is very significant or is significantly increasing; b) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecution, and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials; or c) the determination that a country is making significant efforts to bring itself into compliance with minimum standards was based on commitments by the country to take additional steps over the next year.”
  • Tier 3. “Countries whose governments do not fully meet the TVPA’s minimum standards and are not making significant efforts to do so. No tier ranking is permanent. Every country, including the United States, can do more. All countries must maintain and continually increase efforts to combat trafficking.”

2019 Report on Cuba (Tier 3)[3]

Preliminarily it should be noted that Inclusion in Tier 3 allows the president to introduce  restrictions on U.S. non-humanitarian, non-trade-related assistance, but the U.S. currently does not provide any such aid  to Cuba and there is no prospect of any such new aid being offered. [4]

The Report’s summary of the reasons for the 2019 ranking included the following: “The Government of Cuba does not fully meet the minimum standards for the elimination of trafficking and is not making significant efforts to do so; therefore Cuba was downgraded to Tier 3. Despite the lack of significant efforts, the government took some steps to address trafficking, including prosecuting sex traffickers and one labor trafficker and imprisoning sex tourists engaged in child sex trafficking. However, the government did not take action to address forced labor in the foreign medical mission program, despite persistent allegations Cuban officials threatened and coerced some participants to remain in the program.” (Emphasis added.)

The Report’s ”Prioritized Recommendations” for Cuba had two relevant points. First, :“Implement policies to prohibit force, fraud, or coercion by foreign labor recruiters and state-owned or controlled enterprises, including foreign medical missions in recruiting and retaining employees.” Second,  Ensure participants in the foreign medical missions program retain control of their passports.” (Emphases added.)

The final section of the report on Cuba (“Trafficking Profile”) was devoted almost entirely to its foreign medical mission program. It stated, “the government employed between 34,000-50,000 healthcare professionals in more than 60 countries in Africa, the Americas, Asia, the Middle East, and Portugal in foreign medical missions through contracts with foreign governments and, in some countries, with international organizations serving as intermediaries. In November 2018, Cuba ended the five-year-old “Mais Medicos” medical mission program in Brazil, which was facilitated by a UN-affiliated organization, following demands from Brazil’s then president-elect to improve the treatment and employment conditions of Cuban healthcare professionals after allegations of coercion, non-payment of wages, withholding of passports, and restrictions on their movement. In November 2018, Cuban healthcare workers filed a class action in the U.S. District Court Southern District of Florida under the Trafficking Victims Protection and the Racketeering Influenced and Corrupt Organization Acts alleging the Cuban government profited from the export of healthcare professionals; the case remains pending. In Brazil, the Cuban government collected revenue for each professional’s services and paid the worker a fraction of the revenue depositing a large percentage of the worker’s wages in an account in Cuba only accessible upon completion of the mission and return to Cuba. The Cuban government collected approximately 7.2 billion pesos ($7.2 billion) in annual revenue from the export of services, including foreign medical missions in 2017. Some participants in foreign medical missions as well as other sources allege Cuban officials force or coerce participation in the program; the government has stated the postings are voluntary, and some participants also have stated the postings are voluntary and well-paid compared to jobs within Cuba. Observers report the government does not inform participants of the terms of their contracts, making them more vulnerable to forced labor. The Cuban government acknowledges that it withholds passports of overseas medical personnel in Venezuela; the government provided identification cards to such personnel. Some Cuban medical personnel claim they work long hours without rest and face substandard working and living conditions in some countries, including a lack of hygienic conditions and privacy. Observers note Cuban authorities coerced some participants to remain in the program, including by withholding their passports, restricting their movement, using “minders” to conduct surveillance of participants outside of work, threatening to revoke their medical licenses, retaliate against their family members in Cuba if participants leave the program, or impose criminal penalties, exile, and family separation if participants do not return to Cuba as directed by government supervisors.” (Emphasis added.)

Reaction

The contention that Cuban medical personnel in Cuba’s foreign medical mission program are engaged in forced labor is meritless for at least the following reasons:

  • Medical education in Cuba is free and requiring medical graduates to pay the country back by such participation seems entirely appropriate and may indeed be a contractual or quasi-contractual obligation.
  • International medical aid has been a significant part of the Cuban people’s tradition of international solidarity, and some Cuban medical personnel have said that such service had a major positive impact on their lives and medical careers.
  • The relevant standard for evaluating the allegation that Cuba’s international medical mission program violates international law is the International Labor Organization’s Forced Labour Convention, 1930.[5]
  • That multilateral Convention or treaty provides that “for the purposes of this Convention, the term forced or compulsory labour shall not include . . . any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country.” (Art. 2(2)(b).)[6]
  • Although it is true that the Cuban government receives direct payment from other countries for the foreign medical mission program and that the Cuban government retains some of those payments before paying the Cuban medical professionals, it also is true that such payments to those professionals exceed what they would have earned for similar services in Cuba. In addition, some of the payments to the Cuban professionals are deposited in Cuban accounts only accessible upon their completion of service and return to Cuba. But such practices do not constute proof of forced labor.
  • While it also is true that some Cuban medical professionals who have participated or are now participating in the foreign medical mission program allege that they were coerced into doing so, the report indicates that the Cuban government and other participants deny that allegation and that there has been no independent adjudication of that allegation.
  • Also relevant to this allegation is Cuban medical professionals undoubted awareness of the significantly higher compensation they potentially could obtain if they were able to relocate in the U.S. or certain other countries.
  • A detailed study by Indiana State University’s Emeritus Professor of International Politics and Latin America, Dr. H. Michael Erisman, has rejected this accusation of forced labor.[7]

The latest report on Cuba also fails to mention that the U.S. and Cuba apparently had friendly bilateral discussions about human trafficking during the Obama Administration (2015 through January 17, 2017) and the Trump Administration (2017-2018).[8]

The hypocrisy of the State Department’s repeated assertion of this claim of forced labor without recognizing the Forced Labour Convention is shown by Secretary of State Pompeo’s congratulating the ILO on its centennial anniversary only one day after the release of the 2019 Trafficking in Persons Report.[9] The Secretary said:

  • “The dignitaries that convened in Paris in 1919 to end the Great War knew that any lasting peace needed to be rooted in the protection of individual rights, including the rights of workers and employers to associate freely and bargain collectively. “
  • The United States proudly hosted the first International Labor Conference in 1919 and the “war-time conference that enshrined the ILO’s enduring founding principles and aims in the Declaration of Philadelphia.[ [10]] As strong supporters of the ILO and its mission, we reflect on the important role played by Americans to create and sustain this organization, including David Morse, who served as ILO Director-General for 22 years, and under whose leadership the ILO won the Nobel Peace Prize.”
  • “As the ILO enters its second century pursuing objectives critical to economic prosperity and security around the world, the United States recommits itself to advancing the rights of workers globally.

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[1] State Dep’t, 2019 Trafficking in Persons Report (June 20, 2019) [“2019 Report”]; State Dep’t, Secretary of State Michael R. Pompeo at the 2019 Trafficking in Persons Report Launch Ceremony (June 20, 2019).

[2] Report at 36-37, 40-41, 48.

[3] Report at 162-64..

[4] Reuters, U.S. Human Trafficking Report Drops Child Separation Warning, N.Y. Times (June 20, 2019). Some of the State Department’s prior reports about trafficking in Cuba are discussed in the following posts to dwkcommentariess.com: U.S. Upgrades Cuba in State Department’s Annual Report on Human Trafficking (Aug. 7, 2015); Comment: Cuba’s International Medical Mission Doctors’ Reflections (Nov. 30, 2015); U.S. State Department’s 2015 Human Trafficking Report’s Objectivity About Cuba Is Still Unresolved (Nov. 16, 2015); U.S. Reasserts Upgrade of Cuba in Annual Human Trafficking Report (July 2, 2016); U.S. Senate Hearing on 2016 Trafficking in Persons Report (July 20, 2016); Cuba’s Unchanged Status in U.S. State Department’s Annual Report on Human Trafficking (Aug. 13, 2017); Cuba Remains on “Tier 2 Watchlist” in U.S. State Department’s Annual Human Trafficking Report (July 1, 2018).

[5] ILO, Forced Labour Convention, 1930 (No. 29). Cuba ratified the Convention on Forced Labour on October 8, 1953. The U.S., however, has not so ratified.

[6] The above provision of this Convention was reaffirmed in the Protocol of 2014 to the Forced Labour Convention, 1930, (Art. 1(3) (“The definition of forced or compulsory labour contained in the Convention is reaffirmed. . . .”)

[7] Erisman, Brain Drain Politics: the Cuban Medical Professional Parole Programme, Int’l J. Cuban Studies 269, 286-87 (2012).

[8] See these posts to dwkcommentaries.com.: This Week’s U.S.-Cuba Meetings in  Havana  (Jan. 18, 2015); U.S.-Cuba Bilateral Commission Sets Agenda for Future Discussions of Remaining Issues (Sept. 12, 2015); Results of Second Meeting of U.S.-Cuba Bilateral Commission (Nov. 11, 2015); United States-Cuba Bilateral Commission Meets To  Review Normalization Status (May 18, 2016); U.S. and Cuba Hold Another Meeting of the Bilateral Commission (Sept. 30, 2016);  U.S. and Cuba Continue To Implement Normalization of Relations (Jan. 17, 2017); U.S. and Cuba Hold Biannual Migration Talks (Dec. 12, 2017); U.S. and Cuba Hold Discussions About Human Trafficking and Migration Fraud (Dec. 15, 2017); U.S. and Cuba Continue To Confer Over Common Concerns (Feb.15, 2018).

[9] State Dep’t, On the Centenary of the Founding of the International Labor Organization (June 21, 2019).

[10] The Declaration of Philadelphia, was adopted in that city on May 10, 1944, by the ILO to restate its traditional objectives while also recognizing the centrality of human rights to social policy and the need for international economic planning. (Declaration of Philadelphia, Wikipedia.)

 

 

European Union To Fund 40 Million Euro Projects in Cuba

On May 15, the first  First Joint European Union (EU)-Cuba Council meeting  will take place in Brussels, Belgium to start the process for the EU providing 40 million Euros for projects in Cuba.[1]

The parties will sign their first Financial Agreement to establish the framework for the implementation of a bilateral program in the area of renewable energies for which the EU will contribute up to €18 million (U.S. $ 21.5 million). This will pave the way for a second Financial Agreement later in the year for a program in support of renewable energy and sustainable food security in Cuba, with an EU contribution of €19.65 million (U.S.$ 23.5 million).

These financial accords are the result of the  two parties’ Political Dialogue and Cooperation Agreement (PDCA), most parts of which have been provisionally applied since last November 1. The PDCA defines general principles and objectives for the relationship between the EU and Cuba and provides the following framework for accompanying the reform process in Cuba:

  • “Political dialogue: addressing issues, such as human rights, small arms and disarmament, non-proliferation of weapons of mass destruction, migration, drugs, fight against terrorism, sustainable development, etc.;
  • Cooperation and sector policy dialogue: including areas, such as governance, civil society, human rights, social and economic development, environment as well as regional cooperation;
  • Trade and trade cooperation: dealing with principles of international trade and covering cooperation on customs, trade facilitation, technical norms and standards, sustainable trade and investment.”

According to the EU, three high-level dialogues already have been held to exchange views on basic principles of human rights, to identify areas to cooperate or share best practices. The two parties also will launch dialogues focused on sustainable development, non-proliferation, arms control, and unilateral measures. The last will include the U.S. embargo on the Island.

The PDCA also  provides for the possibility of suspension in the event of a serious violation of human rights commitments.

Ramón Jáuregui, president of the Euro-Latin American Assembly (a transnational non-governmental body of 150 legislators from Europe and Latin America to improve their governments’ relations), said, “Cuba needs an economic opening, it needs cooperation, it needs energy, it needs investments, it needs to improve its GDP to improve the quality of life of Cubans. [The EU] “can be a loyal partner” of Havana with the agreement and “through this opening and this collaboration, [Cuba] will have no choice but to take successive democratic steps.”

Last month Sweden’s Minister of International Cooperation Isabella Lövin, told her Parliament that Cuba’s civil society and democratic movement have a legitimate role in the discussions on the implementation of the Association Agreement and Political Dialogue. [2]

The 28 EU countries are the main foreign investor in Cuba (mainly in the sectors of tourism or construction), according to the European Commission, which in 2017 had 471 million euros of imports of Cuban goods in 2017 (mostly agricultural products, beverages, tobacco and mineral fuels) 2,094 million euros of EU exports to the island.

Conclusion

The previously mentioned EU-Cuba conference in Belgium will take place the day before Cuba’s Universal Periodic Review in Geneva, Switzerland, and at the latter session Cuba undoubtedly will raise its agreement with the EU for dialogues about human rights.

This EU-Cuba agreement on dialogue about human rights is similar to the human rights dialogues that were conducted by Cuba and the U.S. during the Obama Administration and that apparently are now suspended in the Trump Administration.[3]

It also is interesting that no report about the conference in Belgium was found in the major U.S. newspapers that cover foreign affairs (New York Times, Washington Post and the Wall Street Journal) or in the major news organizations (Reuters and the Associated Press) for U.S. news organizations.

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[1]  EU External Action,  EU-Cuba relations, factsheet (May 7, 2018); Nearly 40 million euros for Havana, the first realization of the agreement with the European Union, Diario de Cuba (May 14, 2018); European Union declares to be ready for the First Joint European Union Council-Cuba, Granma (May 13, 2018); Cuban Foreign Minister will begin this Monday tour of Europe, Cubadebate (May 13, 2018). This blog has published posts about Eu-Cuba relations and agreements that are found in the “Cuba and Other Countries” section of List of Posts to dwkcommentaties–Topical: CUBA.

[2] Sweden admits that the implementation of the EU-Havana agreement must include the Cuban democratic movement, Diario de Cuba (April 27, 2018).

[3] The contrasting U.S. approaches to Cuba on human rights are covered in many posts in the following sections of List of Posts to dwkcommentaries–Topical: CUBA: “U.S. (Obama) & Cuba (Normalization)– 2014 and 2015 and 2016 and 2017” and “U.S. (Trump) & Cuba, 2016-2017 and 2018.”

Argument Between Wall Street Journal and Cuba’s Ambassador to U.S.

The Wall Street Journal and the Cuban Ambassador to the U.S. are engaged in an argument that started with the newspaper’s April 22 editorial.

The Editorial[1]

 “Eighty-six-year-old Raúl Castro grabbed headlines last week when he ceded the title of president to 58-year-old civilian Miguel Diáz-Canel. Too bad this change at the top is nominal when it comes to freedom for the Cuban people.”

“Mr. Diáz-Canel is . . .[not] an independent thinker. Cubans have every reason to believe him when he says, as he did in his acceptance speech, that he is committed to preserving a police state. If Mr. Diáz-Canel wants to keep his job and privileges, human rights won’t be on his agenda.”

“Raúl still leads the Communist Party and has kept the two most powerful regime positions under his control. Col. Alejandro Castro Espín, his son, runs counterintelligence for the Interior Ministry that controls the secret police. Gen. Luis Alberto Rodríguez López-Callejas, Raúl’s former son-in-law, is top dog at GAESA, the military’s holding company that owns the tourism industry, the shipping company, the airline, construction companies, auto imports and sales, the real-estate business, the banks and control of container traffic at the Port of Mariel. Ramiro Valdés, a regime enforcer, still sits on the Council of State, Cuba’s highest government body.”

. . . .

“Now Havana’s crime family has again run out of other peoples’ money. Its largest sources of hard currency are the doctors and nurses who live in poverty while Cuba “rents” them to countries around the world. Yet even this multibillion-dollar human trafficking isn’t enough to support the broken Cuban economy.”

“President Trump has reined in some of Barack Obama’s executive orders that made it easier for Americans to travel to Cuba. But the regime’s bigger problem is that investors who kick the tires on the Castro jalopy increasingly walk away. There are plenty of opportunities in emerging markets these days, and the smart money doesn’t want gangsters for partners.”

“Promises of greater economic freedom for Cubans have never materialized. Small businesses can operate as long as they are subsistence operations. But they can’t hire and the regime has again cracked down on permitting lest it lose control. Cuba’s poverty suggests something has to change. But liberalization is not in the interests of the Castro family or the military. And they’re still in charge.”

The Cuban Ambassador’s Response[2]

On May 6 Cuban Ambassador José Ramón Cabañas Rodríguez responded to this editorial with the following letter to the Journal.

“The U.S. corporate press has always been predictable in its articles on Cuba and even more so when it comes to its editorials. Newspapers such as yours were against Cubans being free from Spanish power in the 19th century. Later on, they commended local corrupt politicians who supported the invasion—first militarily and then economically by American companies during the first half of the 20th century. Finally, those newspapers relentlessly demonized the Cuban Revolution since 1959.”

“However, I was caught off guard by the sordidness of the language used by your editorial board when referring to my country. It is the typical exercise of those who are left without arguments. There is still a financial, economic and commercial embargo imposed on Cuba intended to starve our population into submission. However, the information blockade has decreased. Americans massively travel to Cuba and 75% of them support a better relationship with our country.”

“Your renewed efforts to promote the business of the ‘dissidence’ in Cuba will not have the slightest success. History is wise and has forgotten (and will forget) the names of the annexationists of Cuban origins, but any educated human being who inhabits the earth today will be able to tell you about Carlos Manuel de Céspedes, José Martí, Antonio Maceo, Julio Antonio Mella, Ernesto Guevara and Fidel Castro; those are the names of the pro-independence figures.”

“To maintain a part of the audience you still have, before criticizing Cuba again, or any other Latin American or Caribbean country for that matter, please start by looking at yourselves in the mirror.”

Conclusion

Although I believe that U.S. policies regarding Cuba are heading the wrong direction in the Trump Administration and deplore its abandonment of many (but not all) aspects of  the Obama Administration’s opening of relations with Cuba and although I have met and respect the Cuban Ambassador, this exchange or argument is unsatisfying.[3]

The Journal, given its general support of free markets and capitalism, should have (a) encouraged the Cuban government to engage in further efforts to promote the expansion of its private sector of bed-and-breakfasts, restaurants and other ventures and (b) criticized some of the Trump Administration’s policies that discourage such Cuban expansion of free enterprise and markets.

Such efforts enable Cubans to increase their financial circumstances and offer better-paying jobs to other Cubans and thereby provide the Cuban economy with desperately needed boosts. Cuba’s efforts last year to restrict such expansion were misguided out of fears of changes.

This would have forced the Cuban Ambassador into the difficult position of trying to justify the regime’s clamp-down last year of expansion of the private sector.  The Ambassador in this hypothetical, however, could have argued that the Cuban Government needed to be cautious on these issues because of illegitimate U.S. efforts, overtly and covertly over many years, to promote regime change in Cuba.

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[1] Editorial, Cuba Gets a Castro Convertible, W.S.J. (April 22, 2018).

[2] Letter to Editor, Cabañas to W.S. J., W.S.J. (May 6, 2018).

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

 

U.S. and Cuba Hold Biannual Migration Talks 

Despite the significant recent cooling of relations, the U.S. and Cuba held their biannual discussion of migration issues, this time at the State Department in Washington, D.C. on December 11.

Migration Discussions[1]

According to the Department, the two countries “discussed the significant reduction in irregular migration from Cuba to the [U.S.] since the implementation of the January 2017 Joint Statement [during the last days of the Obama Administration [2]]. Apprehensions of Cuban migrants at U.S. ports of entry decreased by 64 percent from fiscal year 2016 to 2017, and maritime interdictions of Cuban migrants decreased by 71 percent. The [U.S.] confirmed it met its annual commitment in fiscal year 2017 to facilitate legal migration by issuing a minimum of 20,000 documents under the Migration Accords to Cubans to immigrate to the [U.S.] The U.S. delegation also raised the need for increased Cuban cooperation in the return of Cubans with final orders of removal from the [U.S.]”

The Department added, “A strong migration policy is vital to the [U.S.] national security. The Migration Talks, which began in 1995, provide a forum for the [U.S.] and Cuba to review and coordinate efforts to ensure safe, legal, and orderly migration between Cuba and the [U.S.]. The talks were last held in April 2017 [in the Trump Administration].”

The Cuban statement provided greater details on the substance of these discussions. It said “Cuba urged the [U.S.] to fulfill its obligation to issue no less than 20,000 travel documents annually to Cuban citizens to emigrate to that country. “Cuba also questioned the “validity of the U.S. Cuban Adjustment Act, which continues to be a stimulus to irregular migration and whose repeal will be essential to achieve normal migratory relations between the two countries.”[3] Another impediment to cooperation on migration, said Cuba, was the U.S. cancellation of “trips of official delegations from the [U.S.] to Cuba, which has led to the postponement of previously scheduled exchanges of mutual interest, which , if maintained,  could deepen the effects on exchanges in this and other areas.”

The Cuban statement also said that Cuba  had “expressed its deepest concern about the negative consequences that [U.S.] unilateral, unfounded and politically motivated decisions [in September and October 2017] have on immigration relations between both countries.”[4]

Furthermore, Cuba “warned . . .about the negative impact of the suspension of the granting of visas in the [U.S.] Consulate in Havana [due to the U.S. reduced staffing], which, by paralyzing the procedures of Cuban citizens to visit or emigrate to that country, seriously hampers family relations and exchanges of all kinds between both peoples.” Cuba reiterated its objection to the U.S.”arbitrary expulsion of a significant group of officials from [Cuba’s] Embassy in Washington, which has significantly affected the functioning of the diplomatic mission, . . . [especially] the services it provides to Cubans residing in the[U.S.]. . . . and] to American citizens who are interested in traveling to our country.”[5]

On a more positive note, Cuba observed that both side recognized “the positive impact of the Joint Declaration signed on January 12, 2017 [during the last days of the Obama Administration] and, specifically, the elimination of the “dry feet-wet feet” policy and the “Parole Program for Cuban Medical Professionals” in the decrease of irregular emigration from Cuba to the [U.S.]”[6]

In addition, both countries” agreed on the usefulness of the exchange between Coast Guard Troops and the Coast Guard Service held in July [2017]and the technical meeting on human trafficking and immigration fraud carried out in September [2017] which will continue on December 12. Cuba reaffirmed its willingness to give continuity to the rounds of conversations on migration issues.”

Conclusion

As an advocate for normalization of U.S.-Cuba relations, it is good to know that the two countries still manage to hold respectful meetings to discuss issues of mutual concern even though they do not agree on all such issues and even though this blog disapproves of the Trump Administration’s recent changes to U.S. regulations on travel to Cuba and trade with Cuba.

This blog was also pleased to read the U.S. implicit positive endorsement of the Obama Administration’s January 12, 2017, Joint Declaration with Cuba about the latter’s migration to the U.S.

On the other hand, this blog disagrees with the U.S. reduction of the staffing of its Embassy in Havana and the expulsion of Cuban diplomats from its Embassy in Washington and supports Cuba’s complaint about the negative consequences of those decisions.

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[1] U.S. State Dep’t, United States and Cuba Hold Biannual Migration Talks in Washington, D.C. (Dec. 11, 2017); Washington’s unilateral actions hamper relations with Cuba, Granma (Dec. 11, 2017)

[2] See these posts to dwkcommentaries.com: U.S. Ends Special Immigration Benefit for Cubans and Meets with Cubans To Discuss Claims (Jan. 13, 2017); Additional Reactions to End of U.S. Immigration Benefits to Cubans (Jan. 14, 2017); Reuters, Cuba Tells U.S. Suspension of Visas Is Hurting Families, N.Y. Times (Dec. 12, 2017).

[3] Cuban Adjustment Act, Wikipedia.

[4]  See these posts to dwkcommentaries.com: A New Travel Warning for Americans Traveling to Cuba (Sept. 19, 2017); Medical “Incidents” Affecting U.S. Diplomats in Cuba Prompt U.S. To Reduce Staff at Havana Embassy and Urge Americans Not to Travel to Cuba (Sept. 30, 2017); U.S. Orders Cuba To Remove 15 Cuban Diplomats (Oct. 4, 2017); U.S. Embassy in Cuba Issues “Hotel Restrictions” Security Message (Oct. 7, 2017).

[5] See n.4.

[6] See these posts to dwkcommentaries.com: U.S. Ends Special Immigration Benefit for Cubans and Meets with Cubans To Discuss Claims (Jan. 13, 2017); Additional Reactions to End of U.S. Immigration Benefits to Cubans (Jan. 14, 2017).

 

Cuban Council of Churches’ Statement Regarding President Trump’s Announced Changes to U.S.-Cuba Policy

Cuban Council of Churches

On June 16, the Council of Churches of Cuba [1] issued the following statement regarding President Trump’s just announced changes in U.S. policies with respect to Cuba.

“With the re-establishment of diplomatic relations between Cuba and the United States [in 2015], a new era was established with the new policies of the Obama administration. This had been the dream and struggle of many people as well as churches and religions on both sides.”

“A [new] path of respect and dialogue [between the two countries] showed hope to the world that from civilized relationships bridges could be built and walls torn down. [This process was started with agreements that resulted] from work over many years and several generations [that] had and have the wide support of the community of believers at national and global levels.”

“Today, June 16, President Donald Trump has announced another policy that involves a setback in a path that, although fragile, established safe steps in a strategy of coexistence where everyone could benefit and promised a future of peace and understanding: not only between the two countries but for the whole region.”

“This [new] policy, like others of this administration, does not reflect the wishes of the American people, whose visits to the Caribbean nation soared in 2016, expressing and confirming their desire to interact with the island.”

“Cubans and Americans can do much for our region and for our humanity. Laws or resolutions that prevent the interactions that are the will of the people are not logical. We must not, nor can we, renounce the Divine will that these two nations mutually benefit from their religious, cultural, educational, sporting, scientific and enrichment exchanges.”

“This [new] policy denotes a lack of information and knowledge about the Cuban reality, our history, the sovereignty and the rights of this people and the people of the United States. It is decontextualized in the time that we live today. We are, rather, presented with a monologue that should have no part in the 21st century, when humanity calls for dialogue and search for civilized solutions. We live in the era of dialogue, in the search and construction of peace without which humanity will not be able to survive.”

“We know and we are sure that this is not the will of the American people or their churches and religions, who have always advocated peace, dialogue and normalization of relationships. We also know that it is their will the embargo be removed, as has been expressed by nations year after year in multiple ballots of the United Nations.”

“We are members of the World Council of Churches, the Joint Alliance of Churches, the Latin American Council of Churches, brothers of the United States National Council of Churches and the World Service of Churches. [We also are] brothers and fellow missionaries of many denominations, foundations, agencies, councils in the United States and throughout the world, which is of God. We are sure that together with our prayers and actions we will continue to break down walls and lift the bridges in our pilgrimage for justice, peace and love.”

“May the Incarnate, Risen and Glorified Christ pour out and shower His grace upon Cuba, the United States and all the people of our lands, filling us with His blessing and His manifestation to all, guiding us along the paths of dialogue, justice, of love and peace.”

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[1] “Since its foundation in 1941, the Council has proclaimed unity for the service of our people and nation, through the search for love, justice and peace among all peoples and nations, which are the most evident evangelical signs of the reign of God among us.” Today “the Council is the lead institution of the Cuban ecumenical movement, composed of 51 churches and Christian institutions—Protestants, Reformed, Evangelical, Pentecostal, Episcopal and Orthodox—as well as Jews, Yogas and centers of study, information, community service and theological seminaries.” The Council’s current president and the signatory for this statement is Rev. Joel Ortega Dopico of the Presbyterian-Reformed Church of Cuba. The English translation of the original Spanish of the statement is provided by Jack Kern, an Elder at Covenant Presbyterian Church of Austin, Texas, which has a partnership with the Presbyterian Reformed Church of Cuba in the Luyanó neighborhood of Havana; he has made 24 trips to Cuba starting in 1998 and plans to return later this year.

 

 

Rumors of Upcoming Trump Administration Rollback of U.S. Normalization of Relations with Cuba

As reported in prior posts, the Trump Administration presumably has been conducting an overall review of U.S. policies regarding Cuba.[1] Although the completion of that review has not been publicly announced, there are rumors that in mid-June the Administration will be announcing a rollback of at least some of the various normalization measures announced by the Obama Administration starting on December 17, 2014.

Rumored Reversals

Even though U.S.’ Cuba policies have not had much public attention in these days of focus on revelations of Trump campaign connections with Russia, the pro-U.S.-embargo lobby apparently has used support for the Administration’s non-Cuba legislation (e.g., health care) to extract promises from Trump on rolling back the present policies. High on the list of rumored roll backs are limiting people-to-people U.S. travel to technical categories and stopping any U.S. trade or licenses that would be associated with “military” entities of the Cuban government.

This rumored reversal is happening even though all federal administration agencies support further negotiations with Cuba for better relations, especially in the areas of illegal immigration, national security, human trafficking, environment, trade, commerce, healthcare. These agencies influence have been hampered because there is no one in charge of Western Hemisphere Affairs at the State Department.

These unfortunate changes were hinted in President Trump’s statement on the May 20th so-called Cuban Independence Day when he said:[2]

  • “Americans and Cubans share allegiance to the principles of self-governance, dignity, and freedom. Today, we remember patriots like José Martí, who devoted himself to making Cuba an economically competitive and politically autonomous nation. He reminds us that cruel despotism cannot extinguish the flame of freedom in the hearts of Cubans, and that unjust persecution cannot tamper Cubans’ dreams for their children to live free from oppression. The Cuban people deserve a government that peacefully upholds democratic values, economic liberties, religious freedoms, and human rights, and my Administration is committed to achieving that vision.” (Emphasis added.)

Trump’s statement, not unexpectedly, was not well received in Cuba. Later the same day an “Official Note” was read on Cuban state television describing Trump’s message as “controversial” and “ridiculous,” especially on May 20, which Cuba sees as the date in 1902 when Cuba became a “Yankee neo-colony” or de facto U.S. protectorate after its status as a Spanish colony ended. More specifically May 20, 1902, was the date the Platt Amendment was added to the Cuban Constitution and 11 days after the signing of the Treaty of Paris by the U.S. and Spain ending the so-called Spanish-American War.[3] Cuba’s true Independence Day is January 1, 1959, the date the Cuban Revolution took over the government of the island.[4]

Resistance to Reversals

There, however, is resistance to any such rumored reversals.

First, the Trump Administration itself recently submitted its proposed Fiscal 2018 budget for the State Department that does not include any funds for the so-called Cuba “democracy promotion” programs by the U.S. Agency for International Development (USAID).[5] In a letter accompanying this budget request, U.S. Secretary of State Rex Tillerson said the request “acknowledges that U.S. diplomacy engagement and aid programs must be more efficient and more effective, and that advancing our national security, our economic interests, and our values will remain our primary mission.” These undercover or covert USAID programs, in this blogger’s opinion, are unjustified and counterproductive and should have been cancelled a long time ago.[6]

Second, another voice for resistance within the Trump Administration is U.S. Secretary of Agriculture Sonny Perdue, who is a Trump appointee. On May 17 he appeared before the House Agriculture Committee. In response to a question by Representative Rick Crawford (Rep., AR) about his bill, Cuba Agricultural Exports Act (H.R.525), that would eliminate the U.S. requirement for Cuban cash payments upfront to purchase U.S. agricultural exports, Perdue said, “I think that’s something I would be supportive of if folks around the world need private credit to buy our products, and I’m all for that. [7]

Third, a May 24 letter to President Trump advocated the maintenance of the current U.S. policies regarding U.S. travel to Cuba. It came from a group of over 40 U.S. travel service providers that offer legal, authorized travel to Cuba. It asserted that the recent increase of such travel “has had a significant impact on our businesses by increasing our revenue and allowing us to hire more American employees. Additionally, it has helped the Cuban private sector, and fostered strong relationships between Americans and Cuban religious organizations and humanitarian programs.” The impact on Cuba’s private sector was emphasized: “Many U.S. travelers visiting Cuba stay in privately run B&Bs, dine at private restaurants, hire independent taxis and purchase goods and services from entrepreneurs. They are greatly supporting the growth of the Cuban private sector.”[8]

Fourth, another force for resistance to any such roll back is Cuban Ambassador to the U.S., José Ramón Cabañas, who along with other Cuban diplomats has been traveling to many parts of the U.S. and conveying Cuba’s best wishes for better relations with the U.S. and how such relations will benefit many Americans. I well remember the visit he and his wife made to Minneapolis in 2014 before he had the title of Ambassador and his low-key, pleasant and intelligent discussion of the many issues facing our two countries.  More recently he has been to Harvard University and Montana State University and visiting mayors, governors, legislators and ordinary Americans in Pennsylvania, Maryland, Montana, Massachusetts, Kentucky, Louisiana, the Washington suburbs and Florida. At the University of Louisville, the Ambassador said, “We are ready and open to work with the Trump administration, and we believe that we can build a future of cooperation with the United States in many subjects, although we recognize that there are many areas in which we will not agree.”[9]

Conclusion

Now is the time for all U.S. supporters of normalization to engage in public advocacy of these policies and to urge their U.S. Senators and Representatives to oppose any rollback of normalization.

We also need to express our support of those who have introduced bills in this Session of Congress to end the embargo and to expand Americans’ freedom to travel to Cuba:

  • Senator Heidi Heitkamp (Dem., ND), Agricultural Export Expansion Act of 2017 (S.275);
  • Senator Jerry Moran (Rep., KS), Cuba Trade Act of 2017 (S.472)(end the embargo);
  • Representative Mark Sanford (Rep., SC), Freedom to Travel to Cuba Act of 2017 (H.R.351);
  • Representative Tom Emmer (Rep., MN), Cuba Trade Act of 2017 (H.R.442)(end the embargo);[10]
  • Representative Kevin Cramer (Rep., ND), Cuba DATA Act (H.R.498);
  • Representative Rick Crawford (Rep., AR), Cuba Agricultural Exports Act (H.R.525); and
  • Representative Jose Serrano, (Dem., NY), Promoting American Agricultural and Medical Exports to Cuba Act of 2017 (H.R.572), Baseball Diplomacy Act (H.R.573), Cuba Reconciliation Act (H.R.574).

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[1] The Future of U.S.-Cuba Normalization Under the Trump Administration, dwkcommentaries.com (Dec. 22, 2016); More Reasons To Believe There Is a Dim Future for U.S.-Cuba Normalization, dwkcommentaries.com (Jan. 2, 2017); Three Experts Anticipate Little Change in U.S. Policies Regarding Cuba, dwkcommentaries.com (Jan. 10, 2017); Washington Post Endorses Continued Normalization with Cuba, dwkcommentaries.com (Jan. 11, 2017); Secretary of State Nominee Rex Tillerson Addresses U.S. Policies Regarding Cuba, dwkcommentaries.com (Jan. 12, 2017); Rex Tillerson, Secretary of State Nominee, Provides Written Responses Regarding Cuba to Senate Foreign Relations Committee, dwkcommentaries.com (Jan 23, 2017); Lobbying the Incoming Trump Administration To Continue Normalization with Cuba, dwkcommentaries.com (Jan. 18, 2017); Cuban Entrepreneurs Express Frustration and Confidence, dwkcommentaries.com (Jan. 28, 2017); Uncertainty Over Future Cuba Policies of Trump Administration, dwkcommentaries.com   (Apr. 5, 2017).

[2] White House, Statement from President Donald J. Trump on Cuban Independence Day (May 20, 2017).

[3] The U.S. 1898 entry into Cuba’s Second War of Independence and establishment of the de facto protectorate lasting until 1934 was reviewed in a prior post.

[4] Torres, Havana lashes out against Trump’s Mary 20 message to the Cuban people, Miami Herald (May 22, 2017); Sánchez, There is no future without the past, Granma (May 23, 2017).

[5] Whitefield, No USAID funds for Cuba in Trump budget proposal, Miami Herald (May 24, 2017); Schwartz, Trump Administration Proposes 32% Cut to State Department Budget, W.S.J. (May 23, 2017); Secretary Tillerson, Letter Regarding State Department’s Budget Request (Fiscal 2018) (May 23, 2017).

[6] See posts listed in “U.S. Democracy Promotion in Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA.

[7] USDA Secretary Perdue Supports Bill to Expand Ag Exports to Cuba, Engage Cuba (May 18, 2017);

[8] Over 40 Leading U.S. Travel Companies and Associations Urge President Trump Not to Roll Back U.S. Travel to Cuba, Engage Cuba (May 24, 2017).

[9] Whitefield, Cubans become the road warriors of D.C. diplomatic corps, Miami Herald (May 22, 2017).

[10] Representatives Emmer and Castor Introduce Bill To End Embargo of Cuba, dwkcommentaries.com (Jan. 12, 2017).