U.S. De Facto Protectorate of Cuba, 1898-1934

Prior posts have discussed the 1898 U.S. intervention in the Cuban war of independence from Spain in what the U.S. has called the Spanish-American War. Although the fighting in that war ended in August 1898 and the war officially ended by the Treaty of Paris of December 10, 1898, U.S. troops remained on the island and Cuba came under the dominance of the U.S. [1]

That became official in 1901 with the Platt Amendment to an Army Appropriations Bill and with Cuba reluctantly amending its constitution on Christmas Day (December 25, 1901) to include these provisions of the Platt Amendment:

  • “The government of Cuba consents that the [U.S.] may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the treaty of Paris on the [U.S.], now to be assumed and undertaken by the government of Cuba.”
  • The “government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power or powers to obtain by colonization or for military or naval purposes or otherwise, lodgement in or control over any portion of said island.”
  • The Cuban “government shall not assume or contract any public debt, to pay the interest upon which, and to make reasonable sinking fund provision for the ultimate discharge of which, the ordinary revenues of the island, after defraying the current expenses of government shall be inadequate.”
  • All “acts of the United States in Cuba during its military occupancy thereof are ratified and validated, and all lawful rights acquired thereunder shall be maintained and protected.”
  • The Cuban “government . . . will execute, and as far as necessary extend, the plans already devised or other plans to be mutually agreed upon, for the sanitation of the cities of the island, to the end that a recurrence of epidemic and infectious diseases may be prevented, thereby assuring protection to the people and commerce of Cuba, as well as to the commerce of the southern ports of the United States and the people residing therein.”
  • To “enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defense, the government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations at certain specified points to be agreed upon with the President of the United States.”

These same provisions of the Platt Amendment also were included in the May 22, 1903, Cuban–American Treaty of Relations of 1903.

This treaty was used as justification for the U.S.’ Second Occupation of Cuba from 1906 to 1909 that was initiated on September 29, 1906, by Secretary of War (and future U.S. president) William Howard Taft,  when he established the Provisional Government of Cuba under the terms of the treaty and declared himself its Provisional Governor. On October 23, 1906, President Theodore Roosevelt issued Executive Order 518, ratifying that order by Taft.

These Cuban constitutional provisions lasted until May 29, 1934, when the U.S. and Cuba signed the 1934 Treaty of Relations that in its first article abrogated the 1903 Treaty of Relations and thereby allowed Cuba to delete these constitutional provisions. This marked the official end of the US de facto protectorate.

Cuba’s Lease of Guantanamo Bay to the U.S.

It was in this context of the de facto U.S. protectorate that Cuba in 1903 leased to the US Guantanamo Bay and an island at the western end of Cuba “for the time required for use as coaling or naval stations only, and for no other purpose.” The annual rent was $2,000 “in gold coin of the United States.”

In early 1933, in order to fight severe deflation Congress and President Franklin D. Roosevelt implemented a series of Acts of Congress and Executive Orders which suspended the U.S. gold standard except for foreign exchange, revoked gold as universal legal tender for debts, and banned private ownership of significant amounts of gold coin.

In 1934, the U.S. recalculated the gold equivalent rent for Guantanamo at $3,386. In 1973 the US recalculated the rent at $3,676 and in 1974 at $4,085, which has been used to this day.

Except for the first year (1959) of Revolutionary Cuba, Cuba has refused to cash the U.S. annual rental checks. When Fidel was president, he kept them in a desk drawer and loved to show them to visitors. Now they all are in a Havana vault somewhere.

But this 1903 lease is still the legal basis for the U.S.’ continued use to this day of Guantanamo.

The original $2,000 rent in 1903 would be $55,709 in today’s dollar while in gold it would be $309,869. But it never officially has been changed.

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[1]  U.S. Intervention in Cuba’s War of Independence, 1898, dwkcommentaries.com (Aug. 26, 2019); U.S. Entry Into Cuban War of Independence and Establishment of Protectorate of Cuba, 1898-1934, dwkcommentaries.com (April 23, 2017).

 

 

President Trump’s Message to the Cuban People 

On May 20, the anniversary of Cuba’s 1902 declaration of independence from the U.S. after what we in the U.S. call the Spanish-American War, U.S. President Donald Trump issued the following message to the Cuban people:[1]

  • “The twentieth of May marks the celebration of Cuban independence won by patriots who wished for individual freedom and the right of self-determination, both of which have been tragically snuffed out by a tired Communist regime.  Regardless, the brave people of Cuba continue to work—under continued oppression and extraordinarily difficult circumstances—to provide for their families and to restore human and civil rights.  The names of great Cuban leaders who fought for independence, such as José Martí and Antonio Maceo, echo through history alongside names like Washington and Jefferson.  The legacy of these leaders continues to inspire and encourage all peoples to remain committed to the fight for democracy and the restoration of political, economic, and religious freedoms.”
  • “The resilience of the Cuban people and the contributions of the Cuban-American community demand our respect.  We are grateful for the many contributions in the world of literature, the arts, music, cuisine, and entrepreneurship that these communities have given us.”
  • “To the people of Cuba who yearn for true freedom, and to the Cuban-Americans who reside in the United States, Melania and I send our warmest wishes.  On this special day, we remember the Cuban patriots who lit a flame of freedom that will never be fully extinguished as long as men and women can dream of a better tomorrow.  Let us recommit ourselves to a better, freer future for the Cuban people.”

This Trump statement requires several comments.

First, under the first Cuban Constitution of 1902, the U.S. retained the right to intervene in Cuban affairs and to supervise its finances and foreign relations. Under the Platt Amendment, the U.S. leased the Guantánamo Bay naval base from Cuba. As a result, Cuba does not celebrate May 20. Indeed, for the U.S. to do so is an insult to Cuba.

Second, since 1959, Cubans celebrate their independence on July 26, the anniversary of the 1953 attack by Cuban rebels led by Fidel Castro on the Moncada Barracks,  a military barracks in Santiago de Cuba, named after the General Guillermón Moncada, a hero of the Cuban War of Independence.. This armed attack is widely accepted as the beginning of the Cuban Revolution.

Indeed, a prior post told the story of the speech on July 26, 1991, in Matanzas Cuba by South Africa’s Nelson Mandela, who was inspired by Fidel Castro and the Cuban Revolution.

Third, the extent of political freedoms in Cuba today is a matter of debate with Trump expressing his Administration’s  very negative views on the subject.

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[1] White House, Presidential Message on Cuban Independence Day (May 20, 2018); Trump calls for a ‘better and freer future’ for Cubans, Diario de Cuba (May 20, 2018). Trump issued a similar statement on May 20, 2017. (White House, Statement from President Donald J. Trump on Cuban Independence Day (May 20, 2017).)

 

President Raúl Castro Discusses Cuba-U.S. Relations

On July 14, Raúl Castro Ruz, Army General, First Secretary of the Communist Party of Cuba Central Committee and President of the Councils of State and Ministers, addressed a session of Cuba’s legislature (the National Assembly of People’s Power).[1]

A previous post discussed his remarks about Cuba’s private sector. He also made the following comments about the history of Cuba-U.S. relations.[2]

Present Castro’s Comments

President Trump’s Policies Regarding Cuba

“This past June 16, the President of the [U.S.], Donald Trump, announced his administration’s policy toward Cuba, nothing novel for sure, since he retook a discourse and elements from the confrontational past, which showed their absolute failure for over 55 years.”

“It is evident that the U.S. President has not been well informed on the history of Cuba and its relations with the [U.S.], or on the patriotism and dignity of the Cuban people.”

Cuba-U.S. Relations, 1789-2014

“History cannot be forgotten, as they have at times suggested we do. For more than 200 years, the ties between Cuba and the [U.S.] have been marked, on the one hand, by the pretensions of the northern neighbor to dominate our country, and on the other, by the determination of Cubans to be free, independent, and sovereign.”

“Throughout the entire 19th century, invoking the doctrines and policies of Manifest Destiny, of Monroe, and the ‘ripe fruit,’ different U.S. administrations tried to take possession of Cuba, and despite the heroic struggle of the mambises,[3] they did so in 1898, with a deceitful intervention at the end of the war which for 30 years Cubans had waged for their independence, and which the U.S. troops entered as allies and then became occupiers. Negotiating with Spain behind Cuba’s back, they militarily occupied the country for four years, demobilizing the Liberation Army, dissolving the Revolutionary Cuban Party – organized, founded, and led by Martí – and imposed an appendix to the Constitution of the nascent republic, the Platt Amendment, which gave them the right to intervene in our internal affairs and establish, among others, the naval base in Guantánamo, which still today usurps part of the national territory, the return of which we will continue to demand.”

“Cuba’s neocolonial condition, which allowed the [U.S.] to exercise total control over the economic and political life of the island, frustrated, but did not annihilate, the Cuban people’s longing for freedom and independence. Exactly 60 years later, January 1, 1959, with the triumph of the Revolution led by Comandante en Jefe Fidel Castro, we became definitively free and independent.”

“From that moment on, the strategic goal of U.S. policy toward Cuba has been to overthrow the Revolution. To do so, over more than five decades, they resorted to dissimilar methods: economic war, breaking diplomatic relations, armed invasion, attempts to assassinate our principal leaders, sabotage, a naval blockade, the creation and support of armed bands, state terrorism, internal subversion, the economic, commercial, financial blockade, and international isolation.”

Cuba-U.S. Relations, 2014-2017

“Ten administrations held office until President Barack Obama, in his statement of December 17, 2014, without renouncing the strategic goal, had the good sense to recognize that isolation had not worked, and that it was time for a new focus toward Cuba.”

“No one could deny that the [U.S.], in its attempts to isolate Cuba, in the end found itself profoundly isolated. The policy of hostility and blockade toward our country had become a serious obstacle to relations with Latin America and the Caribbean, and was rejected almost unanimously by the international community. Within U.S. society, growing majority opposition to this policy had developed, including among a good portion of the Cuban émigré community.”

“In the Sixth Summit of the Americas in Cartagena de Indias, Colombia, in 2012, Ecuador refused to participate if Cuba was not permitted to attend, and all Latin American and Caribbean countries expressed their rejection of the blockade and Cuba’s exclusion from these events. Many countries warned that another meeting would not take place without Cuba. As such, we arrived in April 2015 – three years later – to the Seventh Summit in Panama, invited for the very first time.”

“Over the last two years, and working on the basis of respect and equality, diplomatic relations have been reestablished and progress made toward resolving pending bilateral matters, as well as cooperation on issues of mutual interest and benefit; limited modifications were made to the implementation of some aspects of the blockade. The two countries established the bases from which to work toward building a new type of relationship, demonstrating that civil coexistence is possible despite profound differences.”

“At the end of President Obama’s term in office, the blockade, the Naval Base in Guantánamo, and the regime change policy, remained in place.”

Cuba-U.S. Relations, 2017–

“The announcements made by the current U.S. President, last June 16, represent a step back in bilateral relations. This is the opinion of many people and organizations in the [U.S.] and around the world, who have overwhelmingly expressed their outright rejection of the announced changes. This sentiment was also expressed by our youth and student organizations, Cuban women, workers, campesinos, Committees for the Defense of the Revolution, intellectuals, and religious groups, on behalf of the vast majority of the nation’s citizens.”

“The U.S. government has decided to tighten the blockade by imposing new obstacles on its businesspeople to trade and invest in Cuba, and additional restrictions on its citizens to travel to the country – justifying these measures with out-dated rhetoric regarding the Cuban people’s exercise and enjoyment of human rights and democracy.”

“President Trump’s decision disregards the support of broad sectors of U.S. society, including the majority of Cuban émigrés, for lifting of the blockade and normalization of relations, and only satisfies the interests of an increasingly isolated, minority group of Cuban origin in South Florida, who insist on harming Cuba and its people for having chosen to defend, at any cost, their right to be free, independent, and sovereign.”

“Today, we reiterate the Revolutionary Government’s condemnation of measures to tighten the blockade, and reaffirm that any attempt to destroy the Revolution, whether through coercion and pressure, or the use of subtle methods, will fail.”

“We likewise reject manipulation of the issue of human rights against Cuba, which has many reasons to be proud of its achievements, and does not need to receive lessons from the [U.S.] or anyone else.”

“I wish to repeat, as I did so in the CELAC Summit held in the Dominican Republic in January of this year, that Cuba is willing to continue discussing pending bilateral issues with the [U.S.], on the basis of equality and respect for the sovereignty and independence of our country, and to continue respectful dialogue and cooperation in issues of common interest with the U.S. government.”

“Cuba and the [U.S.] can cooperate and coexist, respecting our differences and promoting everything that benefits both countries and peoples, but it should not be expected that, in order to do so, Cuba will make concessions essential to its sovereignty and independence. [N]or will it negotiate its principles or accept conditions of any kind, just as we have never done throughout the history of the Revolution.”

“Despite what the government of the [U.S.] does, or does not decide to do, we will continue advancing along the path sovereignly chosen by our people.”

Conclusion

Castro’s review of the history of these relations was succinct, fact-based, fair and necessary for the two countries’ moving forward in a positive direction.

Moreover, the two countries, as Castro said, should be “willing to continue discussing pending bilateral issues . . . on the basis of equality and respect for the sovereignty and independence of [each] country, and to continue respectful dialogue and cooperation in issues of common interest.” The two countries should be able to “cooperate and coexist, respecting our differences and promoting everything that benefits both countries and peoples.”

These principles should govern U.S. relations with Cuba and every other country in the world.

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[1] Castro Ruz, We will continue to advance along the path freely chosen by our people, Granma (July 17, 2017).

[2] Various aspects of this history have been discussed in the posts identified in List of Posts to dwkcommentaries–Topical: CUBA.

[3]Mambises” refers to the guerrilla Cuban independence soldiers who fought against Spain in the Ten Years’ War (1868–78) and Cuban War of Independence (1895–98).

 

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).

 

The Reopening of U.S. and Cuba Embassies

On the morning of July 20, 2015, Cuba officially opened its Embassy in Washington, D.C., and the United States did likewise in Havana although the ceremonial opening of the latter will be on August 14 when Secretary of State John Kerry goes to Havana to preside over that event.[1]

This post will focus on the ceremonial opening of the Cuban Embassy; subsequent posts will discuss the afternoon’s joint press conference at the U.S. Department of State by U.S. Secretary of State John Kerry and Cuba’s Foreign Minister Bruno Rodriguez as well as reactions to the reopening of the embassies.

Opening of Cuba’s Embassy

Cuban Embassy
Cuban Embassy (Photo by Andrew Hamik)

Cuba’s opening was celebrated in the morning by the raising of its flag in front of its former Interests Section building. It was the same flag that was removed 54 years ago when the two countries severed diplomatic relations.

The event was attended by more than 500 people, including U.S. Assistant Secretary of State Roberta Jacobson, who led the U.S. delegation in negotiations with Cuba after the December 17, 2014, announcement of rapprochement; Tom Malinowski, Assistant Secretary for Democracy, Human Rights and Labor of the State Department, who has participated in those negotiations; Jeffrey DeLaurentis, current charge d’affaires of the U.S. Embassy in Havana; Ben Rhodes, U.S. Deputy National Security Advisor who led 18 months of behind-the-scenes secret negotiations with Cuban officials with the aim of restoring diplomatic ties; Wayne Smith, a Cuban expert who was forced to leave the U.S. Embassy in Havana in 1961 when the two countries broke diplomatic ties; U.S. Senators Patrick Leahy (Dem, VT), Amy Klobuchar (Dem., MN) and Jeff Flake (Rep., AZ) along with U.S. Representatives Barbara Lee (Dem., CA), Donna Edwards (Dem., MD), Kathy Castor (Dem., FL), Karen Bass (Dem., CA) and Raul Grijalva (Dem., AZ).[2]

Afterwards Senator Klobuchar, the author of a bill to end the U.S. embargo (Freedom to Export to Cuba Act), said in a press release, “The opening of the Cuban embassy in Washington, DC, marks an important step in modernizing our relationship with Cuba after more than 50 years of isolation. This evolution in our relationship with 11 million people 90 miles off of our shore was long overdue, and it is now time to not only open our own fully equipped and staffed embassy in Havana, but to lift the trade embargo once and for all. Passing my bipartisan bill to lift the embargo would benefit the people of both of our countries by boosting U.S. exports and allowing Cubans greater access to American goods.”[3]

Foreign Minister Rodriguez’s Speech

The attendees then went inside the Embassy, where they heard a speech by Cuba’s Foreign Minister, Bruno Rodriguez. Here are excerpts from those remarks.

The Cuban flag now flying in front of the Embassy “embodies the generous blood that was shed, the sacrifices made and the struggle waged for more than one hundred years by our people for their national independence and full self-determination, facing the most serious challenges and risks. Today we pay homage to all those who died in its defense and renew the commitment of the present generations, fully confident on the newer ones, to serve it with honor.”

“We evoke the memory of José Martí, who was fully devoted to the struggle for the freedom of Cuba and managed to get a profound knowledge about the United States: In his “North American Scenes” he made a vivid description of the great nation to the North and extolled its virtues. He also bequeathed to us a warning against its excessive craving for domination [over Cuba] which was confirmed by a long history of disagreements.”

“We’ve been able to make it through this date thanks to the firm and wise leadership of Fidel Castro Ruz, the historic leader of the Cuban Revolution, whose ideas we will always revere with utmost loyalty. We now recall his presence in this city, in April of 1959, with the purpose of promoting fair bilateral relations, as well as the sincere tribute he paid to Lincoln and Washington. The purposes that brought him to this country on such an early time [of the Cuban Revolution] are the same that have pursued throughout these decades and coincide exactly with the ones that we pursue today.”

“This ceremony has been possible thanks to the free and unshakable will, unity, sacrifice, selflessness, heroic resistance and work of our people and also the strength of the Cuban Nation and its culture.”

“I bring greetings from President Raúl Castro, as an expression of the good will and sound determination to move forward, through a dialogue based on mutual respect and sovereign equality, to a civilized coexistence, even despite the differences that exist between both governments, which makes it possible to solve bilateral problems and promote cooperation and the development of mutually beneficial relations, just as both peoples desire and deserve.”

“We know that this [rapprochement] would contribute to peace, development, equity and stability in the continent; the implementation of the purposes and principles enshrined in the U.N. Charter and in the Proclamation of Latin America and the Caribbean as a Zone of Peace, which was signed at the Second Summit of the Community of Latin American and Caribbean States held in Havana.”

“Today, the re-establishment of diplomatic relations and the re-opening of embassies complete the first stage of the bilateral dialogue and pave the way to the complex and certainly long process towards the normalization of bilateral relations.”

“The challenge is huge because there have never been normal relations between the United States of America and Cuba, in spite of the one and a half century of intensive and enriching links that have existed between both peoples.”

“The Platt Amendment, imposed [on Cuba by the U.S.] in 1902 under a military occupation, thwarted the liberation efforts that had counted on the participation or the sympathy of quite a few American citizens and led to the usurpation of a piece of Cuban territory in Guantánamo. Its nefarious consequences left an indelible mark in our common history.”

“In 1959, the [U.S.] refused to accept the existence of a fully independent small and neighboring island and much less, a few years later, a socialist Revolution that was forced to defend itself and has embodied, ever since then, our people’s will.”

“I have referred to history to reaffirm that today an opportunity has opened up to begin working in order to establish new bilateral relations, quite different from whatever existed in the past. The Cuban government is fully committed to that.”

“Only the lifting of the economic, commercial and financial blockade which has caused so much harm and suffering to our people; the return of the occupied territory in Guantánamo; and the respect for Cuba’s sovereignty will lend some meaning to the historic event that we are witnessing today.”

“Every step forward will receive the recognition and the favorable acceptance of our people and government, and most certainly the encouragement and approval of Latin America and the Caribbean and the entire world.

“We reaffirm Cuba’s willingness to move towards the normalization of relations with the [U.S.] in a constructive spirit, but without any prejudice whatsoever to our independence or any interference in the affairs that fall under the exclusive sovereignty of Cubans.”

[For the U.S.] to insist in the attainment of obsolete and unjust goals, only hoping for a mere change in the methods to achieve them will not legitimize them or favor the national interest of the [U.S.] or its citizens. However, should that be the case, we will be ready to face the challenge.”

“We will engage in this process, as was written by President Raúl Castro in his letter of July 1st to President Obama, “encouraged by the reciprocal intention of developing respectful and cooperative relations between our peoples and governments. From this Embassy, we will continue to work tirelessly to promote cultural, economic, scientific, academic and sports relations as well as friendly ties between our peoples.”

“We would like to convey the Cuban government’s respect and recognition to the President of the [U.S.] for urging the U.S. Congress to lift the blockade as well as for the change of policy that he has announced [last December], but in particular for the disposition he has showed to make use of his executive powers for that purpose.”

“We are particularly reminded of President Carter’s decision to open the respective Interests Sections back in September of 1977.” We also “express our gratitude to the members of Congress, scholars, religious leaders, activists, solidarity groups, business people and so many U.S. citizens who worked so hard for so many years so that this day would come.”

“To the majority of Cubans residing in the [U.S.] who have advocated and called for a different kind of relation of this country with our Nation, we would like to express our recognition. Deeply moved, they have told us that they would multiply their efforts and will remain faithful to the legacy of the patriotic emigration that supported the ideals of independence.”

“We would like to express our gratitude to our Latin American and Caribbean brothers and sisters who have resolutely supported our country and called for a new chapter in the relations between the [U.S.] and Cuba, as was done, with extraordinary perseverance, by a lot of friends from all over the world.”

“From this country José Martí organized the Cuban Revolutionary Party to conquer freedom, all the justice and the full dignity of human beings. His ideas, which were heroically vindicated in his centennial year, continue to be the main inspiration that moves us along the path that our people have sovereignly chosen.”

Opening of U.S. Embassy

 With the ceremonial opening of the U.S. Embassy in Havana not happening until August 14, the changes there were subtler. There was no raising of the U.S. flag. There was no changing of the sign on the building. The U.S. diplomats who previously worked in the Interests Section now worked in the Embassy. A future post will review the ceremonial opening of the Embassy, now scheduled for August 14.

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[1] This post is based upon the following: Ahmed & Davis, U.S. and Cuba Reopen Long-Closed Embassies, N.Y. Times (July 20, 2015); Schwartz, Embassies Reopen, as U.S., Cuba Restore Ties, W.S.J. (July 20, 2015); Ayuso, ‘Mojito diplomacy’ as Cuba reboots US relations in reopened embassy, El Pais (July 21, 2015); Gómez, Cuban flag waves in U.S. capital, Granma (July 20, 2015); Gómez, The flag day, Granma (July 21, 2015).

[2] The famous Cuban-American jazz pianist and a resident of Minnesota, Nachito Herrera, was invited to attend the opening of the Cuban Embassy, but unfortunately had to decline because of previously scheduled performances at the Dakota Jazz Club in Minneapolis with his new group The Universals, featuring saxophonist Mike Phillips, who has worked with Prince and Stevie Wonder; Cuban drummer Raul Pineda; Senegal bassist Cheikh Ndoye; and violinist Karen Briggs. (Bream, On special day for Cuba, Nachito Herrera gets emotional at the Dakota, StarTribune (July 21, 2015).) As previously noted in this blog, Nachito has frequently performed at Minneapolis’ Westminster Presbyterian Church.

[3] A similar press release was issued by Senator Leahy.

Cuban President Raul Castro’s Major Speech at the Summit of the Americas

On April 10 and 11, Cuba for the first time was welcomed to the Summit of the Americas. Presidents Raul Castro and Barack Obama exchanged handshakes and friendly greetings, and their speeches promised commitment to the process of reconciliation. Other leaders of the Americas celebrated this demonstration of reconciliation.

On April 11th after President Obama’s speech that was discussed in a prior post, President Castro delivered his major Summit speech, most of which was a critical review of the history of U.S. relations with Cuba and other Latin American countries.

This post contains substantial extracts from Castro’s speech. Other posts will examine the two presidents’ subsequent private meeting at the Summit plus Obama’s comments on other subjects and the reactions from other leaders.

 President Castro’s Speech

President RAul castro
President Raul Castro

“In 1800, there was the idea of adding Cuba to the [U.S.] to mark the southern boundary of the extensive empire. The 19th century witnessed the emergence of such [U.S.] doctrines as the Manifest Destiny, with the purpose of dominating the Americas and the world, and the notion of the ‘ripe fruit’, meaning Cuba’s inevitable gravitation to the [U.S.], which looked down on the rise and evolution of a genuine rationale conducive to emancipation.”

“Later on, through wars, conquests and interventions that expansionist and dominating force stripped Our America of part of its territory and expanded as far as the Rio Grande.”

“After long and failing struggles, José Martí organized the ‘necessary war’ [for independence against Spain], and created the Cuban Revolutionary Party to lead that war and to eventually found a Republic ‘with all and for the good of all’ with the purpose of achieving ‘the full dignity of man’. . . . Martí committed to the duty ‘of timely preventing the [U.S.] from spreading through the Antilles as Cuba gains its independence, and from overpowering with that additional strength our lands of America.’”

On “April 11, 1898, the President of the [U.S.] requested Congressional consent for military intervention in the [Cuban] independence war already won with rivers of Cuban blood, and that legislative body issued a deceitful Joint Resolution recognizing the independence of the Island ‘de facto and de jure.’ Thus, [the U.S.] entered [this war] as [Cuba’s supposed] ally and seized the country as an occupying force.”

“Subsequently, an appendix was forcibly added to Cuba’s Constitution, the Platt Amendment, that deprived it of sovereignty, authorized the powerful neighbor to interfere in [Cuba’s] internal affairs, and gave rise to Guantánamo Naval Base, which still holds part of our territory without legal right. It was in that period that the [U.S.] invaded the country, and there were two military interventions and support for cruel dictatorships.”

At the time, the prevailing [U.S.] approach to Latin America was the ‘gunboat policy’ followed by the ‘Good Neighbor’ policy. Successive interventions ousted democratic governments and in twenty countries installed terrible dictatorships, twelve of these simultaneously and mostly in South America, where hundreds of thousands were killed. President Salvador Allende [of Peru] left us the legacy of his undying example.”

“It was precisely 13 years ago that a [U.S.] coup d’état staged against beloved [Venezuelan] President Hugo Chavez Frías was defeated by his people. Later on, an oil coup would follow.”

“On January 1st, 1959, sixty years after the U.S. troops entered Havana, the Cuban Revolution triumphed and the Rebel Army commanded by Fidel Castro Ruz arrived in the capital.”

“On April 6, 1960, barely one year after victory, [U.S.] Assistant Secretary of State Lester Mallory drafted a wicked memorandum, declassified tens of years later, indicating that ‘The majority of Cubans support Castro […] An effective political opposition does not exist […]; the only foreseeable means of alienating internal support [to the government] is through disenchantment and disaffection based on economic dissatisfaction and hardship […] to weaken the economic life of Cuba […] denying it money and supplies to decrease monetary and real wages, to bring about hunger, desperation and overthrow of government.’”

“We have endured severe hardships. Actually, 77% of the Cuban people were born under the harshness of the blockade, but our patriotic convictions prevailed. Aggression increased resistance and accelerated the revolutionary process. Now, here we are with our heads up high and our dignity unblemished.”

“When we had already proclaimed socialism and the people had fought in the Bay of Pigs to defend it, President Kennedy was murdered, at the exact time when Fidel Castro, leader of the Cuban Revolution, was receiving [Kennedy’s] message seeking to engage Cuba in a dialogue.”

“After the [U.S.] Alliance for Progress, and [after] having paid our external debt several times over while unable to prevent its constant growth, our countries were subjected to a wild and globalizing neoliberalism, an expression of imperialism at the time that left the region dealing with a lost decade.”

“Then, the [U.S.] proposal of a ‘mature hemispheric partnership’ resulted in the imposition of the Free Trade Association of the Americas (FTAA), –linked to the emergence of these Summits– that would have brought about the destruction of the economy, sovereignty and common destiny of our nations, if it had not been derailed at [the Fourth Summit of the Americas at] Mar del Plata [Argentina] in 2005 under the leadership of Presidents Kirchner, Chavez and Lula. The previous year, Chavez and Fidel had brought to life the Bolivarian Alternative known today as the Bolivarian Alliance for the Peoples of Our America.”

“We have expressed to President Barack Obama our disposition to engage in a respectful dialogue and work for a civilized coexistence between our states while respecting our profound differences. I welcome as a positive step his recent announcement that he will soon decide on Cuba’s designation in a list of countries sponsor of terrorism, a list in which it should have never been included.”

“Up to this day, the [U.S.] economic, commercial and financial blockade is implemented against the island with full intensity causing damages and scarcities that affect our people and becoming the main obstacle to the development of our economy. The fact is that it stands in violation of International Law, and its extraterritorial scope disrupts the interests of every State.”

“We have publicly expressed to President Obama, who was also born under the blockade policy and inherited it from 10 former Presidents when he took office, our appreciation for his brave decision to engage the U.S. Congress in a debate to put an end to such policy.” In an apparent extemporaneous addition, Castro said, “I apologize to Obama for expressing myself so emotionally. President Obama has no responsibility for this. There were 10 presidents before him; all have a debt to us, but not President Obama. . . . I have read his books — parts of them — and I admire his life.”

“This and other issues should be resolved in the process toward the future normalization of bilateral relations.”

“As to us, we shall continue working to update the Cuban economic model with the purpose of improving our socialism and moving ahead toward development and the consolidation of the achievements of a Revolution that has set to itself the goal of ‘conquering all justice.’”

“Venezuela is not, and it cannot be, a threat to the national security of a superpower like the United States. We consider it a positive development that the U.S. President has admitted it.”

A major section of the Castro speech covered Cuba’s continued advocacy for the ideals of the Revolution, for true international governance of the Internet, for changes in hemispheric relations and cooperation against cyber warfare, climate change, terrorism, drug-trafficking organized crime and inequality and for eradication of poverty, illiteracy and hunger. He also commended the efforts in these areas of CELAC [Community of Latin American and Caribbean States], UNASUR [Union of South American Nations], CARICOM [Caribbean Community], MERCOSUR [Southern Common Market], ALBA-TCP [Bolivarian Alliance of the Peoples of Our America—Peoples’ Trade Treaty], SICA [System for Integration of Central America] and ACS [Association of Caribbean States].

Castro concluded with these words: “Cuba, a small country deprived of natural resources, that has performed in an extremely hostile atmosphere, has managed to attain the full participation of its citizens in the nation’s political and social life; with universal and free healthcare and education services; a social security system ensuring that no one is left helpless; significant progress in the creation of equal opportunities and in the struggle against all sorts of discrimination; the full exercise of the rights of children and women; access to sports and culture; and, the right to life and to public safety.”

“Thanks to Fidel and the heroic Cuban people, we have come to this Summit to honor Martí’s commitment, after conquering freedom with our own hands ‘proud of Our America, to serve it and to honor it […] with the determination and the capacity to contribute to see it loved for its merits and respected for its sacrifices.’”

Conclusion.

It would be easy to criticize this speech as an unnecessary historical review going back to the late 19th century and as an unproductive way to advance the cause of Cuba-U.S. reconciliation in 2015.

On the other hand, I see the speech as a necessary recital to the U.S., other countries in the hemisphere and the world of the reasons for Cuba’s historical and current suspicions of U.S. motives and actions and for Cuba’s wariness in engaging in the current negotiations for restoration of normal relations with the U.S. Nevertheless, this history is not preventing Cuba ifrom engaging in those negotiations, and by its actions Cuba is demonstrating that such reconciliation is in Cuba’s national interest.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution of Issues Regarding Cuba-U.S. Lease of Guantanamo Bay

Since the December 17, 2014, announcement of rapprochement, Cuba has voiced at least three demands or issues regarding its lease of Guantanamo Bay to the U.S. The most serious one is ending the lease and returning this territory to complete Cuban control. The second is the U.S.’ paying for use of the territory since the Cuban Revolution’s takeover of the island in 1959. The third is Cuba’s objection to the U.S.’ establishing and maintaining a prison for detainees after 9/11 and to the U.S.’ alleged mistreatment and torture of those detainees.

Understanding these issues requires an examination of (a) the Cuban war for independence, 1895-1898, and the Spanish-American War of 1898; (b) the terms of seven documents relating to the lease, all of which predate the Cuban Revolution; and (c) the position of the Revolutionary government toward these documents and the lease. [1] In conclusion, this post will discuss methods for resolving these issues.

Before all of that, here are maps and photographs of Guantanamo Bay.

Guant map1

guantanamo.bay

 

 

 

 

Gitmo look west

_245513_us_base_guantanamo300

 

 

 

The Cuban War for Independence and the Spanish-American War [2]

In 1895 Cubans started a revolt or war of independence from Spain, which responded with ferocity, launching its “reconcentrado” campaign that herded 300,000 Cubans into re-concentration camps. Spain’s tactics infuriated many Americans, who began to raise money and even fight on the side of the Cuban nationalists while American businesses with economic interests on the island were worried about the safety of their investments. U.S. President William McKinley wanted an end to the Cuban-Spanish conflict, but demanded that Spain act responsibly and humanely and that any settlement be acceptable to Cuban nationals.

In November 1897, an amicable resolution appeared possible when the Spanish granted the Cubans limited autonomy and closed the re-concentration camps. But after pro-Spanish demonstrators rioted in Havana in January 1898 to protest Spain’s more conciliatory policies, McKinley ordered the U.S. battleship Maine to Havana to protect American citizens and property and to demonstrate that the U.S. still valued Spain’s friendship.

With the Maine safely moored in Spanish waters, the Spanish-American relationship was jolted by the publication in a New York newspaper of a letter by the Spanish minister to the U.S. describing McKinley as “weak and a bidder for the admirations of the crowd” and revealing that the Spanish were not negotiating in good faith with the U.S. Americans saw the letter as an attack on both McKinley’s and the nation’s honor. The American public’s anger only intensified following an explosion on the Maine and its sinking on February 15, 1898, in Havana Harbor, killing 266 crew members. The Navy, on March 21, reported that an external explosion, presumably from a Spanish mine, had destroyed the ship.

With diplomatic initiatives exhausted and the American public wanting an end to the Cuban crisis, McKinley, in mid-April 1898, asked Congress for authority to intervene in Cuba, which it granted. Spain soon broke relations with the U.S., and the U.S. blockaded Cuba’s ports. On April 23, Spain declared war on the U.S. Two days later the U.S. did likewise with the Teller amendment committing the U.S. to the independence of Cuba once the war had ended, disclaiming “any disposition or intention to exercise sovereignty, jurisdiction or control over said island, except for the pacification thereof.”

What became known as the Spanish-American War lasted only a little over three months with U.S. victories in Cuba, Puerto Rico and the Philippines ending in a cease fire on August 12, 1898. Under the Paris Peace Treaty of December 10, 1898, the U.S. obtained Puerto Rico, Guam, and the Philippine Islands while Spain renounced its claim to Cuba, which remained under U.S. military occupation until 1902.

Thereafter, Cuba would be a de facto U.S. protectorate until 1934.

The Lease of Guantanamo Bay

The first five of the seven documents relating to the Guantanamo lease were created during the period that Cuba was a de facto protectorate of the U.S.

  1. Act of Congress (March 2, 1901). On this date, President McKinley signed an Act of Congress that included what was called “the Platt Amendment,” which authorized the U.S. President “to leave the government and control of the island of Cuba to its people so soon as a government shall have been established in said island under a constitution which, either as a part thereof or in an ordinance appended thereto, shall define the future relations of the United States with Cuba, [and shall include the following: provisions]:
  • “I. That the government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power or powers to obtain by colonization or for military or naval purposes or otherwise, lodgement in or control over any portion of said island.”
  • “III. That the government of Cuba consents that the [U.S.] may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the treaty of Paris on the [U.S.], now to be assumed and undertaken by the government of Cuba.”
  • “”VII. That to enable the [U.S.] to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defense, the government of Cuba will sell or lease to the [U.S.] lands necessary for coaling or naval stations at certain specified points to be agreed upon with the President of the United States.”
  1. Constitution of Cuba (May 20, 1902). On this date, the Constitution of the Republic of Cuba was promulgated, and Article VII of its Appendix provided: “To enable the [U.S.] to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defense, the Cuban Government will sell or lease to the [U.S.] the lands necessary for coaling or naval stations, at certain specified points, to be agreed upon with the President of the United States.”
  1. U.S.-Cuba Agreement (February 23, 1903). Pursuant to the just mentioned Cuban constitutional provision, on February 23, 1903, the U.S. and Cuba entered into the “Agreement . . . for the Lease of Lands for Coaling and Naval stations.” Its Article I stated that Cuba “hereby leases to the United States, for the time required for the purposes of coaling and naval stations, the following described areas of land and water [Guantanamo Bay and Bahia Honda] [3] situated in the Island of Cuba”

This Agreement’s Article II stated, “The grant of the foregoing Article shall include the right to use and occupy the waters adjacent to said areas of land and water, and to improve and deepen the entrances thereto and the anchorages therein, and generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, and for no other purpose.” (Emphasis added.)

This Agreement concluded in Article III, whereby the U.S. “recognizes the continuance of the ultimate sovereignty of the Republic of Cuba over the above described areas of land and water, on the other hand the Republic of Cuba consents that during the period of the occupation by the [U.S.] of said areas under the terms of this agreement the [U.S.] shall exercise complete jurisdiction and control over and within said areas.”

Unlike most leases, this agreement did not set forth a set period of time for the lease or the compensation or rent to be paid.

  1. Treaty between the United States of America and Cuba (May 22, 1903). This treaty in Article I states, “The Government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power or powers to obtain by colonization or for military or naval purposes, or otherwise, lodgment in or control over any portion of said island.”

Article III provides, “The Government of Cuba consents that the United States may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the Treaty of Paris on the United States, now to be assumed and undertaken by the Government of Cuba.”

Article VII adds, “To enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defense, the Government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations, at certain specified points, to be agreed upon with the President of the United States.”

  1. Lease of Certain Areas of Land and Water for Naval or Coaling Stations in Guantanamo and Bahia Honda (July 2, 1903). This instrument details additional terms of the lease in seven articles. Its Article I specified the compensation that the U.S. would pay to Cuba for the leased territories: “the annual sum of two thousand dollars, in gold coin of the United States, as long as the former shall occupy and use said areas of land by virtue of said agreement.” Under Article II, the U.S. agreed “that no person, partnership, or corporation shall be permitted to establish or maintain a commercial, industrial or other enterprise within said areas.”

There still was no set period of time for the lease of the territory.

On November 12, 1903, Guantánamo Bay Outer Harbor passed into U.S. hands “without any formality” and was “effected in a quiet manner.”

  1. Treaty between United States of America and Cuba (May 29, 1934)By 1934 there had been changes in the overall relationship between the two countries. The U.S., pursuing President Franklin D. Roosevelt’s “good neighbor” policy, proposed to nullify the previously mentioned May 22, 1903, U.S.-Cuba Treaty. Cuba had become increasingly upset with the earlier treaty’s Platt Amendment granting the U.S. the right to intervene in Cuba, and Cuba welcomed the idea of nullifying the 1903 treaty. Negotiations to that end proceeded quickly; and a new Cuban-American Treaty of Relations was signed on May 29, 1934, and after rapid ratifications by both states it entered into force on June 9, 1934. This effectively ended the U.S. de facto protectorate of Cuba.

The 1934 treaty in Article II also stated: “All the acts effected in Cuba by the [U.S.] during its military occupation of the island, up to May 20,1902, the date on which the Republic of Cuba was established, have been ratified and held as valid; and all the rights legally acquired by virtue of those acts shall be maintained and protected.”

Article III added the following language with respect to the naval station at Guantánamo Bay: “The supplementary agreement in regard to naval or coaling station signed between the two Governments on July 2, 1903, also shall continue in effect in the same form and on the same conditions with respect to the naval station at Guantánamo. So long as the United States of America shall not abandon the said naval station of Guantánamo or the two Governments shall not agree to a modification of its present limits, the station shall continue to have the territory it now has, with the limits that it has on the date of the signature of the present Treaty.”

The implication of Article III is that the U.S. at any time can walk away from the lease at Guantánamo (abandon the base), but the Cubans can never revoke the lease.

  1. Change in Amount of Rent (1938). Although the source document has not been located, secondary sources say the annual rent for Guantanamo was changed in 1938 to $4,085 (U.S. Dollars), which was the 1938 equivalent of $2,000 in U.S. gold coins. That term has never been changed. Indeed, the U.S. documents transmitting the annual rent checks in that amount for 2011, 2012 and 2013 merely refer to the July 2, 1903, Lease while stating the amount of $4,085 was “computed in the manner of which the government of Cuba has been advised in connection with previous rental payments.” [4]

Cuba’s Revolutionary Government’s Positions Regarding the Lease

Soon after the Cuban Revolution took over the government in January 1959, it started calling for the U.S. to get out of Guantanamo. Over time Cuba set out four different, and sometimes contradictory, legal arguments for invalidating the lease. Even though some international law experts thought Cuba had a good argument for such invalidation: rebus sic stantibus (fundamental change of circumstances), [5] Cuba never instituted legal proceedings to that end. In addition, while the U.S.S.R. still existed and was a major Cuban ally, the Soviets argued that the lease was an “unequal treaty,” but that legal theory was not embraced by the U.S. and most Western nations.

In addition, Cuba has refused to cash the annual U.S. checks for $4,085 made out to the “Treasurer General of the Republic” (a position that ceased to exist after the Revolution). One such check, however, was cashed in the early days of the Revolution, Cuba says, due to confusion. (Many years ago during a televised interview, Fidel Castro opened a desk drawer in his office to show the collection of uncashed checks.)

At least by 2004, Cuba accepted the lease as valid while asserting that control over Guantanamo “will eventually revert to Cuba because of the nature of the arrangement, ad defined by its domestic law, which prohibits perpetual leases. For example, in 2004, Cuba’s Foreign Ministry stated the arrangement “does not grant a perpetual right but a temporary one over that part of our territory, by which, in due course, as a just right of our people, the illegally occupied territory of Guantanamo should be returned by peaceful means to Cuba.” In short, said Cuba, the lease is valid, but U.S. occupation of the territory is illegal. This argument is ridiculous, in the opinion of this blogger, a retired U.S. lawyer.

There have been at least two U.S. responses to these Cuban arguments of invalidity of the lease. First, under the international legal principle of pacta sunt servanda (the contract is the law between the parties), the lease remained a valid agreement between the two states and Cuba has a legal obligation to adhere to agreements previously entered into despite a change in governments. [6] Second, the revolutionary government’s acceptance of at least one of the annual rent checks was an admission of the lease’s validity or a waiver of Cuba’s objections thereto.

Conclusion

As a retired U.S. lawyer, without doing any legal research, I see potential issues of lease invalidity due to (a) possible undue influence or coercion by the U.S. in establishing the terms of the original lease in 1903 and the modifications in 1934 and 1938; [7] and (b) the U.S. use of Guantanamo possibly exceeding the uses permitted by the lease. Any such claim, however, would be potentially subject, at least in a domestic legal dispute, to the affirmative defenses of waiver, estoppel, ratification, laches and statute of limitations. [8]

The argument for invalidity based on the U.S. use of Guantanamo has been rejected by Professor Strauss. He notes that the lease permits the use of Guantanamo as a “naval station,” which is a term created by the U.S. to allow its Navy to determine the range of activities that could occur at such a “station” and which has been used for fewer functions than a full naval base and more recently as a full naval base. As a result, says Strauss, the limitation on use is “largely meaningless in a practical sense.”

In any event, if Cuba now were to assert a right to terminate the lease, over U.S. objection, then I suggest that such a claim should be submitted to a panel of three arbitrators at the Permanent Court of Arbitration at the Hague under its existing Arbitration Rules. Presumably the U.S. in addition to resisting the claim would have a contingent counterclaim (in the event of an arbitration award of termination) for reimbursement for the value of U.S. improvements to the territory.

Such an arbitration proceeding should also include any Cuban claim for compensation for the U.S. use of Guantanamo for 66 years (1960-2015). If, however, such a claims is only for the $4,085 annual rent established in 1938 for a total of $269,610 (without interest), then the claim should be resolved quickly by the U.S. paying the amount of the claim. If, however, the claim is for a higher amount based upon some theory to void the $4,085 figure and instead use a larger amount of alleged fair market value, then presumably such a claim would be contested by the U.S. and a proper claim for arbitration.

Of course, at any time the two parties could negotiate a new lease of Guantanamo, presumably for a specific term of years, with a right of renewal, at a higher and annually adjustable rent. Such a new lease could also impose limits on U.S. use of the territory such as prohibition of the operation of a prison or detention facility.

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[1] An excellent overall discussion of the U.S. lease of Guantanamo is contained in Strauss, Cuba and State Responsibility for Human Rights at Guantanamo, 37 So. Ill. Univ. L.J. 533, 533-36 (2013).  See also Notes on Guantanamo Bay; Wikipedia, Guantanamo Bay Navy Base.

[2] This brief summary of the two wars is based on American President: William McKinley: Foreign Affairs, Miller Center, Univ. Virginia.

[3] Bahia Honda was never used by the U.S. and reverted to Cuban control.

[4] Boadle, Castro: Cuba not cashing US Guantanamo rent checks, Reuters (Aug. 17, 2007); Shiffer, Annual rent for Girmo Naval Base: $4,085, payable to Cuba, StarTribune (Oct. 10, 2014) (contains U.S. transmittal advices for rental checks for 2011, 2012 and 2013).

[5] The Vienna Convention on the Law of Treaties that entered into force on January 20, 1980, sets forth “the codification and progressive development of the law of treaties,” which are “international agreement[s] concluded between States in written form and governed by international law.” (Preamble & Art. 2(1)(a).) Its Article 62 recognizes a “fundamental change of circumstances” as a ground for “terminating or withdrawing from” a treaty and defines the conditions for such a ground. Cuba is a party to the treaty, and although the U.S. is not, the State Department has said that this Convention “is already generally recognized as the authoritative guide to current treaty law and practice.” (David Weissbrodt, Fionnuala Ni Aolain, Joan Fitzpatrick, Frank Newman, International Human Rights: Law, Policy, and Process at 127-28 (4th ed. LexisNexis 2009).)

[6] The Vienna Convention on the Law of Treaties notes that “the principles of free consent and of good faith and pacta sunt servanda are universally recognized” and its Article 26 under the heading “Pacta sunt servanda” states, “Every treaty in force is binding upon the parties to it and must be performed by them in good faith.”

[7] The Vienna Convention on the Law of Treaties in Article 52 provides, “A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations.”

[8] The Vienna Convention on the Law of Treaties provides in Article 45 that a “State may no longer invoke [breach by the other party or fundamental change of circumstances] if, after becoming aware of the facts: (a) it shall have expressly agreed that the treaty is valid or remains in force or continues in operation . . .; or (b) it must by reason of its conduct be considered as having acquiesced in the validity of the treaty or its maintenance in force or in operation . . . .”