President Trump’s Unsound Action Regarding the U.S. Prison at Guantanamo Bay, Cuba    

On January 30, just before leaving the White House for his State of the Union Address at the Capitol, President Donald Trump signed an executive order regarding the U.S. prison at Guantánamo Bay, Cuba.

The Guantanamo Bay Executive Order[1]

The Executive Order entitled “Presidential Executive Order on Protecting American Through Lawful Detention of Terrorists” started with these Findings:

  • “Consistent with long-standing law of war principles and applicable law, the United States may detain certain persons captured in connection with an armed conflict for the duration of the conflict” and that since 9/11 the U.S. “remains engaged in an armed conflict with al-Qa’ida, the Taliban, and associated forces, including the Islamic State of Iraq and Syria.” (Section 1(a), (b).)
  • “The detention operations at the U.S. Naval Station Guantánamo Bay are legal, safe, humane, and conducted consistent with United States and international law.” (Section 1(c ).) “Those operations are continuing given that a number of the remaining individuals at the detention facility are being prosecuted in military commissions, while others must be detained to protect against continuing, significant threats to the security of the United States, as determined by periodic reviews.” (Section 1(d).)

The Order than addressed the Status of Detention Facilities at U.S. Naval Station Guantánamo Bay. After revoking President Obama’s January 22, 2009, executive order ordering the closure of those facilities (Section 2(a)),  it stated, “Detention operations at U.S. Naval Station Guantánamo Bay shall continue to be conducted consistent with all applicable United States and international law, including the Detainee Treatment Act of 2005” and the U.S. “may transport additional detainees to U.S. Naval Station Guantánamo Bay when lawful and necessary to protect the Nation.” (Section 2 (b), (c))

The Order also directed certain government officials to “recommend policies to the President regarding the disposition of individuals captured in connection with an armed conflict, including policies governing transfer of individuals to U.S. Naval Station Guantánamo Bay.” (Section 2 (d).)

There, however, were modest concessions to the plight of the detainees and other interests. It states, the detainees “shall [be] subject to the [previously established] procedures for periodic review . . . to determine whether continued law of war detention is necessary to protect against a significant threat to the security of the United States” (Section 2(e)); the order shall not “prevent the Secretary of Defense from transferring any individual away from the U.S. Naval Station Guantánamo Bay when appropriate, including to effectuate an order affecting the disposition of that individual issued by a court or competent tribunal of the United States having lawful jurisdiction” (Section 3(a); the order shall not “affect existing law or authorities relating to the detention of United States citizens, lawful permanent residents of the United States, or any persons who are captured or arrested in the United States” (Section 3(b); and the order shall not “prevent the Attorney General from, as appropriate, investigating, detaining, and prosecuting a terrorist subject to the criminal laws and jurisdiction of the United States” (Section 3 (c ).

The State of the Union Address[2]

The President announced that he had “just signed an order directing Secretary Mattis to reexamine our military detention policy and to keep open the detention facilities at Guantánamo Bay. I am also asking the Congress to ensure that, in the fight against ISIS and al-Qa’ida, we continue to have all necessary power to detain terrorists — wherever we chase them down.”

He also said, “My Administration has also imposed tough sanctions on the communist and socialist dictatorships in Cuba and Venezuela.”

Reactions

Roger Cohen, a New York Times columnist, said the prison at Guantanamo Bay “is widely viewed around the world as a facility incompatible with the American principles of fair trial, human rights and the rule of law.” Moreover, this decision “will be seen by many as a signal of an American return to the excesses of the war on terror — the use of torture, extraordinary renditions and C.I.A ‘black sites.’”[3]

Admiral Dennis Blair, the former Director of National Intelligence, said Cohen, once testified to Congress that the “detention center at Guantánamo has become a damaging symbol to the world and that it must be closed. It is a rallying cry for terrorist recruitment and harmful to our national security, so closing it is important for our national security.”

The Center for Constitutional Rights (CCR) stated, “Trump’s planned executive order is not the last word on the fate of Guantánamo, any more than his attempted Muslim bans and arbitrary transgender military ban—struck down by the courts—were the last word on those matters. CCR has filed a new legal challenge to the illegality and racism driving Trump’s Guantánamo policy and demanding detainees’ release. It is the courts, not the authoritarian-in-chief, that will ultimately determine the fate of the men detained at Guantánamo.”[4]

The just mentioned CCR action on behalf of 11 Guantánamo detainees was filed on January 11, 2018, in the U.S. District Court for the District of Columbia. It alleges that Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances is arbitrary and unlawful and amounts to “perpetual detention for detention’s sake.”  This move was supported by Muslim, Faith-Based and Civil Rights Community Organizations.[5] On January 18, the court ordered the federal government to provide information about its Guantánamo policy.[6]

The New York Times in an editorial supported this challenge to the continued detention of individuals at the U.S. prison in Cuba. The editorial stated, “the men make a straightforward case for their release. The Supreme Court has ruled that prisoners at Guantánamo must have a “meaningful opportunity” to challenge the legal and factual grounds for their detention, which means that the federal courts have the power to review those claims and grant any appropriate relief. If the Constitution stands for anything, the plaintiffs argue . . ., it must stand for the proposition that the government cannot detain someone for 16 years without charge.”[7]

Conclusion

The U.S. prison at Guantánamo Bay has long been a major source of legitimate complaints against the U.S. and should be closed as soon as possible, not potentially expanded as this Executive Order would permit. In addition, this prison provides Cuba with its strongest argument that the U.S. has breached its 1905 lease of the site of the prison from Cuba.[8]

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[1] White House, Presidential Executive Order on Protecting American Through Lawful Detention of Terrorists (Jan. 30, 2018).

[2]   White House, President Donald J. Trump’s State of the Union Address (Jan. 30, 2018).

[3] Cohen, Trump’s Volk and Vaterland, N.Y. Times (Jan. 31, 2018).

 

[4] Center for Const’l Rts, Guantánamo Attorneys blast Trump “Keep Gitmo Open” Order (Jan. 30, 2018).

[5]  Brief of Amici Curiae Muslim, Faith-Based, and Civil Rights Community Organizations in Support of Petitioners’’ Motion for Order Granting Writ of Habeas Corpus, Awad al Bihani v. Trump, Case No, 1:09-cv-00745-RCL (D.D.C. Jan. 22,  2018).

[6] Center Const’l Rts, Court Orders Government to Clarify Guantánamo Policy, Attorneys React (Jan. 18, 2018); Order, Awad al Bihani v. Trump, Case No, 1:09-cv-00745-RCL (D.D.C.J an. 18, 2018).

[7] Editorial, Donald Trump vs. Guantánamo’s Forever Prisoners, N.Y. Times (Jan. 16, 2018).

[8]  See these posts to dwkcommentaries.com: Resolution of Issues Regarding Cuba Lease of Guantánamo Bay (April 4, 2015); Resolution of U.S. and Cuba’s Damage Claims  (April 6, 2016); Does Cuba Have the Right To Terminate the U.S. Lease of Guantánamo Bay? (April 26, 2015)

 

State Department Creates Cuba Internet Task  Force and Suspends Enforcement of Statutory Liability for Trafficking in Certain Cuban Expropriated Property 

This week the U.S. State Department has taken two actions regarding Cuba: (1) creation of the Cuba Internet Task Force and (2) granting another six-month extension of the right of U.S. persons to sue traffickers in U.S. property that was expropriated by the Cuban government.

U.S.’ Cuba Internet Task Force.

On January 23, the U.S. Department of State issued a terse announcement that it “is convening a Cuba Internet Task Force composed of U.S. government and non-governmental representatives to promote the free and unregulated flow of information in Cuba. The task force will examine the technological challenges and opportunities for expanding internet access and independent media in Cuba.” The announcement also stated that the first public meeting of the Task force would be on February 7.[1]

This action was pursuant to President Trump’s June 16, 2017’s National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba that he dramatically signed at a public meeting in the Little Havana district of Miami, Florida. The purpose of that document was to announce various policies “to promote a stable, prosperous, and free country for the Cuban people. . . . [to] channel funds toward the Cuban people and away from a regime that has failed to meet the most basic requirements of a free and just society [and to condemn abuses by the Cuban regime]. . . . [The] Administration will continue to evaluate its policies so as to improve human rights, encourage the rule of law, foster free markets and free enterprise, and promote democracy in Cuba.” (Section 1)[2]

More specifically Section 2 (d) of that Presidential Memorandum stated that the U.S. was to “Amplify efforts to support the Cuban people through the expansion of internet services, free press, free enterprise, free association, and lawful travel.”

The creation of the Task Force was criticized by Michael Bustamante, an assistant professor of Latin American history at Florida International University. He said, “By casting the issue of internet access in an explicitly political frame, it will only create greater obstacles for those U.S. telecom companies that have made inroads toward partnerships with the Cuban side. Measures like these strengthen the hand of those in Cuba for whom the prospect (and reality) of external meddling justifies maximum caution with respect to internal reform.”

Cuba immediately registered strong objections to the creation of this Task Force with good reason.[3]

Granma, the official newspaper of the Communist Party of Cuba, said, “In the past phrases like promoting “’freedom of speech’ and ‘expanding access to the internet in Cuba’ have been used by Washington as a pretext for schemes to destabilize the country using new technologies.”

One of Granma’s journalists, Sergio Gómez, declared, “If the administration of President Donald Trump intends to use new technologies to impose changes in the internal order of Cuba, he chose very old roads that have already demonstrated their ineffectiveness, without mentioning the obvious fact that they violate the laws of the affected country. even those of the United States.” Moreover, the “terrain chosen for the new aggression, Internet, clearly demonstrates what the true objectives of Washington are when it demands ‘ree access’  to the network in the countries that oppose it, while in its territory it maintains a tracking system and accumulation of data about what citizens do on the web.”

Gómez also asserted that the U.S. “shows a clear pattern of the use of social networks and the internet with objectives geopolitical and domination. All part of a doctrine of unconventional war designed to destabilize nations without the direct use of military forces, which has taken root after the failures in the conflicts in Iraq and Afghanistan.”

In another article, Gómez added details about Cuba’s expanded Internet access apparently to reject the implicit premise of the U.S. announcement that Cuba was continuing to suffer from lack of such access. Gomez said, “Cuba, by sovereign decision and to the extent of its economic possibilities, is increasing the access of its citizens to the network of networks. According to information provided by specialist Rosa Miriam Alizada, ‘2017 will be remembered as the boom in the expansion of access to the network in our country, with 40% of Cubans connected to the Internet, 37% more than in 2010, and for the naturalization of the internet connection in urban spaces from one end of the island to the other.’”

Another Cuban journalist with a Doctorate in Political Science from the University of Havana, Randy Alfonso Falcón, reported this was not the first time the U.S. had attempted to use the Internet regarding Cuba. On February 14, 2006, then Secretary of State Condoleezza Rice created the Global Internet Freedom Task Force for “maximizing freedom of expression and free flow of information and ideas, especially in Cuba, Iran and China. The author also asserts that this general strategy was continued in the Obama administration.

Therefore, Falcón believes, “In the face of US action In the Cuban digital public space, our response cannot be merely defensive. We must look forward with a scientifically based vision that mobilizes responses and alternatives from Cuba to the extraordinary ideological and cultural confrontation that arises. Take by assault, from the knowledge, the tools of the new colonizers, build ours and endow them with symbols and emancipating essences.”

Suspension of Right To Sue Over Trafficking in Expropriated Property[4]

On January 24, the day after the creation of the Task Force, the State Department announced that once again it was suspending for six months the right to bring a legal action under Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (a/k/a the Helms-Burton Law).

That Title III in section 302 states, “any person that . . . traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property for money damages.”

Since its adoption in 1996, however, Title III has been suspended for consecutive six-month periods by orders of Presidents Bill Clinton, George W. Bush, Barack Obama and now Donald Trump. These suspensions have been made to avoid risking the alienation of U.S. setting legal precedents that contradict other principles of U.S. or international law and opening the door to a potential flood of claims.

John Kavulich, president of the United States-Cuba Economic and Trade Council, said last year that this clause could be “used as a surgical tool to pressure” governments and foreign companies to encourage the Government of Cuba to resolve the 5,913 certified claims that there is in the United States ,” for a total amount of $1.9 billion (with interest).

As previous posts have explained, Cuba recognizes its obligation under international law to pay reasonable compensation for expropriation of property owned by foreigners and in fact has done so for claimants from other countries. Thus, Cuba has conceded the major premise of any I.S. claim for damages for expropriation. In addition, this blog has suggested that the dispute over compensation for expropriation of property owned by Americans be submitted for resolution by an international arbitration tribunal. Presumably the only issue that might be disputed is the value of the property at the time of the expropriation and the amount of interest thereon.[5]

Conclusion

U.S. citizens who support U.S.-Cuba normalization now must see who is appointed to the Cuba Internet Task Force and what it proposes to do. For this blogger, the Task force is based on the erroneous premise that the U.S. may and should unilaterally decide what Internet facilities and access another country should have and unilaterally provide such facilities and technology.  Instead, the U.S. should seek to negotiate bilateral agreements with other countries to cooperate on such issues.

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[1] U.S. State Dep’t, Creation of the Cuba Internet Task Force (Jan. 23, 2018); Reuters, State Department creates Cuba Internet Task Force (Jan.23, 2018); Torres, Trump administration wants to expand internet access in Cuba, Miami Herald (Ja. 23, 2018).

[2] President Trump Announces Reversal of Some U.S.-Cuba Normalization Policies, dwkcommentaries.com (June 19, 2017).   Surprisingly this Presidential Memorandum is no longer available on the White House website.

[3] Washington creates Internet Task Force to promote subversion in Cuba, Granma (Jan. 24, 2018); Gomez, The United States takes up failed policies towards Cuba, Granma (Jan. 23, 2018); Gomez, United States creates a new Task Force on the Internet for subversion in Cuba, Granma (Jan. 24, 2018).  See also posts cited in the “U.S. Democracy Promotion in Cuba” section of List of Posts to the List of Posts to dwkcommentaries.com—Topical: CUBA.

[4]  U.S. State Dep’t, United States Determination of Six Months’ Suspension Under Title III of Libertad (Jan. 24, 2018); Provision that allows Cuban Americans to sue for confiscated property in Cuba is suspended, Miami Herald (Jan. 24, 2018); Trump suspends for another six months the clause of the Helms Burton that allows expropriation lawsuits, Diario de Cuba (Jan. 24, 2018); Falcón, The US strategy for Cuba in the digital public space, CubaDebate (Jan, 24, 208).

[5]  See Resolution of U.S. and Cuba’s Damage Claims, dwkcommentaries.com (April 6, 2015); Resolving U.S. and Cuba Damage Claims, dwkcommentaries.com (Dec. 13, 2015).

 

 

Cuba and the European Union Strengthen Their Relationship

In early January, Federica Mogherini, the  High Representative of the European Union (EU) for Foreign Affairs and Security Policy, conducted an official visit to Cuba to celebrate and solidify the EU’s relationship with Cuba. The visit included her Magisterial  Lecture at the San Gerónimo School in Havana; meetings with President Raúl Castro, Foreign Minister Bruno Rodriguez and other Cuban officials; and a concluding press conference.[1]

This visit followed the two parties December 12, 2016, signing of the Political Dialogue and Cooperation Agreement and its July 5, 2017, ratification by the European Parliament and the entry into effect of most of its provisions on November 1, 2017. [2] Its main chapters concern the following:

  • Political dialogue, addressing issues, such as human rights, small arms and disarmament, migration, drugs, fight against terrorism and sustainable development;
  • Cooperation and sector policy dialogue, including areas, such as human rights, governance, civil society, 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.

Magisterial Lecture: “The EU and Latin America”[3]

 

Mogherini at San Gerónimo School 

Agreement approved in December 2016 : “With the new political dialogue agreement, we have the opportunity to elevate our relations to a level that truly represents the close historical, economic and cultural ties that unite Europe with Cuba. This agreement opens new opportunities to increase our trade, our investments and to promote common solutions to global challenges such as migration, the fight against terrorism, nuclear disarmament and climate change. One example is the new cooperation program to promote the use of renewable energies that we are going to start with Cuba, especially in rural and isolated areas.

Move forward with Cuba: “Even in the most difficult moments of our common history, European and Cuban citizens have never turned their backs on each other. There are so many things that unite us, so many common values, that’s why we know well that the best way to accompany the updating of Cuba’s system is with commitment and dialogue. We want to continue moving forward with Cuba and work for a better future. ”

Strong rejection of the U.S. embargo (blockade) : “The blockade is not the solution. We have said this to our American friends many times and we have affirmed it repeatedly in the United Nations. The only effect of the blockade is to worsen the quality of life of Cuban women, men and children. The blockade is obsolete, illegal and the EU will continue working to put an end to it.”

Influence of Cuba and the EU in the world: “Experiences teach us that if the European Union and Cuba work together we can have a positive influence around the world. Together we have worked in favor of peace in Colombia, in the fight against Ebola in Africa, in the Paris Agreement on Climate Change and in pursuit of achieving the sustainable development goals of the United Nations and the 2030 Agenda. ”

Response to Hurricane Irma:  “The assistance and support of the Cuban government to the victims of the hurricane were effective and professional, evacuating almost two million inhabitants to protect their lives. Europeans have contributed a humanitarian package to support the Caribbean countries, including nine million euros. We are facilitating monetary aid to contribute with shelter, food and tools to repair houses in the most affected areas of Cuba such as Villa Clara, Ciego de Ávila, Sancti Spíritus and Camagüey. With these resources we are also helping to recover affected agricultural areas.”

Strengthen the Cuba-EU dialogue on human rights: “We are working to formalize the dialogue between Cuba and Europe on human rights, which began in 2015. Although there are some differences in our respective positions, the openness and willingness to dialogue are always present.”

Common objectives: “The EU and Cuba may be geographically distant, but we have many things in common, not all, but many. We both believe in international collaboration and solidarity, we believe in the power of mediation and dialogue to solve all types of disputes. We believe that the only alternative to the current international disorder is a more cooperative, fairer and more united world order based on multilateralism and the United Nations system. We believe that sustainable development is the great challenge of this century and that the fight against inequalities throughout the world has a direct effect on our own security.”

The Cuban people have not and will not be alone in facing “those who want to build walls and close doors. Regardless of the changes in policy in Washington, the message I am bringing here is that Cuba’s friendship and relationship with the EU is here to stay. It’s solid, it’s stable and it’s reliable.”

Press Conference[4]

Mogherini opened by referring to the EU-Cuba”agreement of political dialogue and cooperation, which is the first legal agreement ever signed between the parties. We have raised our relationships to a new level. The EU is already the first commercial partner, the first investor, and the first partner for the development of Cuba. This agreement now opens new opportunities to increase our trade, our investments, and to promote solutions to global challenges such as immigration and climate change.”

“We will soon sign a new cooperation program for the use of renewable energies worth 18mn (Euros), another for sustainable agriculture of 21 million (Euros), and we will increase and expand the program of cultural exchanges and experts for 10 million (Euros).”

On February 28 in Brussels she and Foreign Minister Rodriguez will preside over the first joint council to discuss how we can further advance our cooperation in concrete projects.

“We are also working to formalize the dialogue between the EU and Cuba on human rights, a dialogue that we maintain in more than 40 countries. Our dialogue with Cuba on human rights began in 2015, and since then, this dialogue has allowed us to address the human rights situation both in Europe and in Cuba. There are differences in our respective visions, but openness and willingness to dialogue are always present within mutual respect.”

“We also have  agreed to intensify our cooperation in the area of ​​culture, in particular in 2018 the European Year of Cultural Heritage and with a view to the year 2019 when the 500th anniversary of the city of Havana will be celebrated. Our participation as a European Union is also planned at the book fair and there will be a new edition of the European film festival in June.”

Mogherini said that the EU is a “predictable and solid” partner that can help Cuba manage a political transition and slow, halting economic opening.”We are consistent and we do not have unpredictability in our policies, or sudden shifts,” in an obvious reference to President Trump’s reversal of some elements of President Barack Obama’s opening with Cuba.

The EU has a consolidated opposition to the U.S. embargo (blockade) of Cuba. “The foreign policy priorities and orientations of the EU are autonomous, independent. They are decided in Brussels by the 28 Member States, with the participation of the European Parliament that has supported the finalization of the agreement we have now with Cuba, and we follow our path.”

“We regret that the current U.S. administration has apparently changed policy towards Cuba. We are convinced – as we were one year ago and as we were two years ago, that it is in our European interest; it is in the Cuban interest and it is in the international interest at large, to have relations, to discuss issues of disagreement and to deepen and extend cooperation or partnership on issues that are of mutual interest. For instance, I mentioned climate change, migration which are issues on which the Sustainable Development Goals, the ONE agenda, on which we believe the European Union and Cuba can work well together and we remain convinced of that.”

“A delegation from the European Investment Bank is going to visit Cuba at the end of January to explore possibilities for working together.”

“The world is appreciating, in this moment, the value of having the EU as a solid, reliable, predictable partner. We have differences, but you can always know what to expect from the EU. We are consistent, we do not have unpredictability in our policies or sudden shifts.  The process we have launched two years ago of discussing, negotiating an agreement, was leading in a very solid manner to the signature of the agreement, the provisional entry into force of the agreement, the proceeding of ratifications. The might take time to decide but once it is decided it’s solid and there is no element of unpredictability.”

Conclusion

Mogherini expressed what every reasonable person should desire in every relationship, personal and international. The Trump Administration  hostile actions and rhetoric against Cuba has provided opportunities for the EU and other nations to expand their connections and relationship with Cuba comes at the expense of the U.S. economic and national interest.

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[1] Reuters, European Union Diplomat Visits Cuba to Strengthen Ties, N.Y. Times (Jan. 3, 2018); EU is interested in increasing economic operations with Cuba, says Mogherini, CubaDebate (Jan. 3, 2018); High representative of the European Union today begins an official visit to Cuba, Cubadebate (Jan. 3, 2018); Mogherini says the EU wants to strengthen economic and business cooperation with Havana, Diario de Cuba (Jan. 3, 2018); Concepción & Pérez, Federica Mogherini in Cuba: “The real strength lies in dialogue and cooperation,” CubaDebate (Jan. 3, 2018); Raúl receives European High Representative for Foreign Affairs and Security Policy, Granma (Jan. 5, 2018); Raúl received Federica Mogherini, CubaDebate (Jan. 4, 2018); Bruno Rodríguez Parrilla receives High Representative of the European Union (+ Video), CubaDebate (Jan. 4, 2018).

[2] EU, EU-Cuba relations, factsheet Previous posts about the EU-Cuba relationship are listed in the “Cuba & Other Countries” section of List of Posts to dwkcommentaries—Topical: CUBA.

[3] Mogherini: the blockade is not the solution, Granma (Jan. 4, 2018); Federica Mogherini in Cuba: “the real strength lies in dialogue and cooperation,” CubaDebate (Jan. 3, 2018).

[4] Reuters, EU Presents Itself as Ally of Cuba in Face of US Hostility, N.Y. Times (Jan. 4, 2018); Remarks by High Representative/Vice President Federica Mogherini at the press conference during her visit to Cuba, EU External Action (Jan. 4, 2018); Mogherini: The EU has become Havana’s main trading partner, Diario de Cuba (Jan. 5, 2018); Federica Mogherini: “Cuba and the European Union have raised their relations to a new level,” CubaDebate (Jan. 4, 2018).

 

 

Senator Rubio Takes Credit for More Hostile U.S. Policies Regarding Cuba 

On December 22, Senator Marco Rubio (Rep., FL) released a “summary of his 2017 accomplishments.”[1]

Second on this list was “Shaping U.S. Policy Toward Cuba.” It stated, “Rubio worked closely with President Trump and his Administration to develop a new U.S. policy toward Cuba that rolls back the Obama Administration’s one-sided concessions to the Castro regime, and instead works to economically and politically empower private Cuban citizens and entrepreneurs.”

The hyperlinked article for Rubio’s working closely with President Trump was written in Politico by Marc Caputo, formerly of the Miami Herald.[2] It asserts that on May 5 Rubio along with his fellow Miami Republican and Cuban-American, Representative Mario Diaz-Balart, met at the White House with President Trump, Secretary of State Rex Tillerson, National Security Adviser H.R. McMaster, then White House Chief of Staff Reince Priebus and Advisor Jared Kushner. Rubio and Diaz-Balart warned the President not to rely upon career service people in the State and Treasury Departments because they did not favor abandoning President Obama’s policy of normalization with the island. Instead, it was suggested, the President himself and his close advisors should develop the new policy themselves.

Trump immediately accepted the suggestion and McMaster volunteered to implement the decision to change U.S. policy towards Cuba, which was announced in the President’s speech in Miami on June 16  and formalized in the National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba, which he signed immediately after the speech.[3]

This blogger already has expressed his opposition to this reversal of U.S. policy and rhetoric regarding Cuba and suggested instead on overturning the new ban on individual person-to-person travel and emphasizing the ban’s adverse impact on Cuba’s emerging entrepreneurs while continuing to advocate for implementation of other normalization measures.[4]

Although Rubio is a Cuban-American, he has never lived there or even visited the island. Thus, he is subject to legitimate criticism for having a distorted view of what U.S. policy should be. Addressing this glaring gap in his knowledge, a group of Cuban businesswomen have invited him to visit Cuba to learn about Cuba, the island’s emerging private sector and the adverse impact on those new businesses from the U.S. policies advocated by the Senator and President Trump. The Senator, however, has not accepted the invitation or even acknowledged this graceful gesture by the women.[5]

The Senator also could learn from Living Waters for the World, a project of the Synod of Living Waters of the Presbyterian Church (U.S.A.) that has installed nearly 900 clean water systems in 25 countries, including nearly 50 in Cuba. A recent U.S. volunteer group visited 10 such clean water sites in Cuba and said there was a sense of God whispering, “Pay attention, I have something important to show you—our inherent connectedness. Clearly, God does extraordinary things when we reach beyond our boundaries to know, be with, and pay attention to our brothers and sisters in Christ.”[6]

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[1] Press Release: Rubio Highlights 2017 Accomplishments (Dec. 22, 2017).

[2] Caputo, Inside Marco Rubio’s campaign to shape Trump’s Cuba crackdown, Politico (June 15, 2017).

[3] See these posts to dwkcommentaries.com: President Trump Announces Reversal of Some Cuba Normalization Policies (June 19, 2017); U.S. Reactions to Trump Reversal of Some U.S.-Cuba Normalization Policies (June 21, 2017); Cuban Reactions to Trump Reversal of Some U.S.-Cuba Normalization Policies (June 22, 2107).

[4] This Blogger’s Reactions to Trump Reversal of Some U.S.-Cuba Normalization Policies, dwkcommentaries.com (June 23, 2017).

[5]  Reuters, Cuban businesswomen seek Rubio meeting as U.S. policy bites (Nov. 17, 2017).

[6] Zehnder, Changing Subjectivity, Waters of Life (Nov.-Dec. 2017).

Additional Reactions to New U.S. Regulations Regarding  Cuba         

As noted in a prior post, on November 8, new U.S. regulations on travel to Cuba and business with Cubans were issued while another post discussed initial reactions thereto.  Already additional reactions have surfaced: impact on what Americans drink in Cuba and the adverse impact on U.S. interests.

Americans Drinks in Cuba[1]

The new Cuba Restricted List bans U.S. businesses and individuals from doing business with the Cuba companies that produce two rum brands—Ron Varadero and Ron Caney—and three soft drinks—Tropicola Cachito, Jupiña and Nahita. That has raised concern that Americans in Cuba would have to be careful about what they drink.

Two days after the issuance of the new regulations, the U.S. Treasury issued a clarification. The List only bans direct financial transactions with the entities on the List. Therefore, says the Treasury, “Americans may still consume those soft drinks and rums” — as long as they don’t buy them directly from the companies on the List. They can buy a Tropicola from a street vendor, for example, and they won’t have to tell a bartender: ‘No Varadero or Caney rum, please.’”

But the Americans may not buy “a rum and coke at . . . one of the 83 hotels that are run by Gaviota or Habaguanex, two tourism brands controlled by the military [and, therefore, on the List]. It’s off limits for not only drinks but also lodging.”

Adverse Impact on U.S. Interests[2]

A Miami Herald journalist, Fabiola Santiago, has identified at least five ways the new regulations harm U.S. interests.

“First, by doing away with the independent people-to-people travel by Americans, . . . [the regulations] are actually helping the Cuban government control what travelers do, whom they meet, and how their perceptions of the country are shaped, thus becoming enablers of the dictatorship. Yet, tours are the mode of travel endorsed by Trump’s policy — and propagandistic historical tours are one of the activities that prove to the Treasury Department that your travel to Cuba is ‘educational.’”

Second, the new regulations put “the trips back in the hands of babysitters . . . [i.e.,] loyal government employees who shuttle around visitors. . . . Trump just expanded their ranks. Jobs!”

Third, the new regulations thereby harm “Cuba’s fledgling entrepreneurial class,” who will lose customers to the state-owned businesses.

Fourth, the new regulations do not adversely affect U.S. cruise ship operators even though their “passengers are a captive audience of government stores filled with Che Guevara paraphernalia and peddlers who offer government services to people disembarking.”

Fifth, the regulations and the Trumpian rhetoric about Cuba are helping the Russians enhance their relationship with Cuba, which includes “aggressively pursuing establishing a military base in Cuba, 90 miles from the USA.”

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[1] Whitefield, Do new rules on Cuba travel mean no rum in cocktails for American travelers? Miami Herald (Nov. 10, 2017). (I was unable to find the Treasury Department clarification on its website.)

[2] Santiago, It’s your Cuba policy, Miami republicans. You can’t blame Obama now, Miami Herald (Nov. 10, 2017)

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

On November 1, 2017, the United Nations General Assembly again overwhelmingly adopted a resolution condemning the U.S. embargo (blockade) of Cuba. The vote this year was 191 to 2 (the negative votes by the U.S. and Israel), as shown in the following photograph of the Assembly’s scoreboard.[1]

Preparation for Debating the Resolution[2]

The debate on the resolution was preceded by (a) Cuba’s 47-page report, dated June 2017, on the previous U.N. General Assembly Resolution on the subject and which alleges that Cuba has sustained damages from the embargo totaling $130.2 billion (at current prices); (b) the July 26, 2017, Report of the U.N. Secretary-General containing statements in support of this year’s resolution from 32 U.N. organs and agencies and from 160 U.N. member states and 2 observers, but nothing from the U.S. and Israel, which prior to 2016 opposed similar resolutions and which abstained in 2016; (c) Cuba’s report on its achievements despite the embargo (blockade); and (d) Cuba’s report on the embargo’s impact on the country’s development.

The Actual Resolution[3]

The actual resolution, “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba” (A/RES/72/42) had two principal operative paragraphs.

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

The resolution’s preamble reaffirmed “the sovereign equality of States, non-intervention and non-interference in their internal affairs and freedom of international trade and navigation, which are also enshrined in many international legal instruments” and recited the previous General Assembly resolutions against the embargo.  It then recalled “the measures adopted by the Executive of the United States [President Obama] in 2015 and 2016 to modify several aspects of the application of the embargo, which contrast with the measures announced on 16 June 2017 [by President Trump] to reinforce its implementation.”

Cuba’s Presentation of the Resolution[4]

 The resolution was presented by Cuba’s Foreign Minister, Bruno Rodriguez Parrilla. Here is the U.N.’s summary of his remarks:

  • The U.S. “new policy on Cuba was intended to take relations back to a past of confrontation.  Two thirds of the [U.S.] population, including Cuban immigrants living in the[U.S.], were in favor of lifting the blockade. Action to the contrary meant that the [U.S.] Government was acting in an undemocratic fashion.  He recalled that on 16 June, President Trump announced a series of measures intended to tighten the blockade in a hostile speech before an audience made up of staunch followers of the Batista regime, annexationists and terrorists.”
  • There was “total isolation of the [U.S.] in this room” and “without any evidence, it was using as a pretext the ailments affecting some diplomats in Havana and adopting new political measures against Cuba which further tightened the blockade.  President Trump does not have the least moral authority to question Cuba.  He is heading a Government of millionaires destined to implement savage measures against lower‑income families, poor people, minorities and immigrants. The [U.S.] had its own set of issues to deal with, including the country’s lack of guarantees in education and health, the assassination of African‑Americans by law enforcement and the brutal measures threatening the children of illegal aliens who grew up in the [U.S.]”
  • “Recalling the military interventions carried out by the [U.S.] against Cuba, he said that 60 years of domination had been ended by the triumph of the Cuban Revolution in 1959.  When Cuban President Raúl Castro Ruz and then United States President Barack Obama made their hopeful announcement in December 2014, Mr. Obama described the blockade against Cuba as an obsolete policy which had failed to meet its goals.  However, the embargo was never recognized for what it was: a massive violation of the human rights of Cubans and an act of genocide.  Citing Cuban figures, he said between April 2016 and April 2017, losses caused by the blockade to the Cuban economy had been estimated at over $4 billion. There is not a Cuban family or social service that has not suffered the deprivations resulting from the blockade.”
  • The statements of the U.S. Ambassador Nikki Haley “were disrespectful,” and the U.S. “does not have the slightest moral authority to criticize Cuba.” The U.S. Ambassador “is lying.” Now the U.S. is using “as ailments affecting some diplomats in Havana without any evidence” in order to adopt “new political measures against Cuba which further tightened the blockade.”

 Other Countries’ Statements of Support[5]

During the debate, at least 38 other countries expressed their support of the resolution.

U.S. Opposition to the Resolution

 In voting against the resolution, the U.S. Ambassador to the U.N., Nikki Haley, stated the following:[6]

  • “For over 55 years, the Cuban regime has used this debate in the [U.N.] General Assembly as a shiny object to distract the world’s attention from the destruction it has inflicted on its own people and on others in the Western Hemisphere.”
  • “Even during the Cuban missile crisis, when the Castro dictatorship allowed the Soviet Union to secretly install nuclear missiles in Cuba, the Cuban regime and its Soviet allies claimed that the real threat to peace wasn’t the missiles aimed at America. The real threat, they said, was the [U.S.’] discovery of these missiles. At the time, the U.S. Ambassador to the United Nations, Adlai Stevenson, identified the Cuban regime’s habit of pointing fingers anywhere but at itself. He said, ‘This is the first time…I have ever heard it said that the crime is not the burglar but the discovery of the burglar – and that the threat is not the clandestine missiles in Cuba but their discovery and the limited measures taken to quarantine further infection.’”
  • “Today, the crime is the Cuban government’s continued repression of its people and failure to meet even the minimum requirements of a free and just society. Our response has been to stand with the Cuban people and their right to determine their own future. For this, each year, this Assembly’s time is wasted considering this resolution. And the [U.S.] is subjected to all manner of ridiculous claims – anything to deflect attention from the regime that is actually responsible for the suffering of the Cuban people. But the [U.S.] will not be distracted. We will not lose sight of what stands between the Cuban people and the free and democratic future that is their right.”
  • “For that reason, and for the 25th time in 26 years, the United States will vote against this resolution.”
  • “One year ago, the United States abstained when voting on the same resolution. The reason given was that the continuation of the embargo was not isolating Cuba but was in fact isolating the [U.S.] It is true that we had been left nearly alone in opposition to this annual resolution. No doubt there will be some here who do not understand how we can take such opposite positions, separated by just 12 months. They will wonder how we could passively accept this resolution last year and energetically oppose it this year.”
  • “To those who are confused as to where the [U.S.] stands, let me be clear: as is their right under our constitution, the American people have spoken. They have chosen a new president, and he has chosen a new ambassador to the [U.N.]”
  • “As long as the Cuban people continue to be deprived of their human rights and fundamental freedoms – as long as the proceeds from trade with Cuba go to prop up the dictatorial regime responsible for denying those rights – the [U.S.] does not fear isolation in this chamber or anywhere else. Our principles are not up for a vote. They are enshrined in our Constitution. They also happen to be enshrined in the Charter of the[U.N.]. As long as we are members of the [U.N.], we will stand for respect for human rights and fundamental freedoms that the Member States of this body have pledged to protect, even if we have to stand alone.”
  • “The resolution before us aims to end the [U.S.’] ‘economic, commercial, and financial embargo’ against Cuba. But let’s be honest about what we really see going on here. This assembly does not have the power to end the U.S. embargo. It is based in U.S. law, which only the [U.S.] Congress can change. No, what the General Assembly is doing today – what it does every year at this time – is political theatre.”
  • “The Cuban regime is sending the warped message to the world that the sad state of its economy, the oppression of its people, and the export of its destructive ideology is not its fault.”
  • “In the spirit of sending messages, I would like to direct the rest of my comments towards the Cuban people. The American people strongly support your dreams to live in a country where you can speak freely, where you can have uncensored access to the internet, where you can provide for your families, and where you can determine your leadership. We know that many of you have been made hopeful by the opening of diplomatic relations between the [U.S.] and Cuba. That status is not changing. Our friendship and good will toward the Cuban people remain as strong as ever.”
  • “What you probably don’t know is that your government responded to this gesture of good will, not by joining in the spirit in which it was offered, but by expanding its politically motivated detentions, harassment, and violence against those who advocate for political and economic freedom in Cuba. What you cannot know because your government won’t let you know is that there were credible reports of almost 10,000 politically motivated detentions in Cuba in 2016 alone. That’s a massive increase in detentions over recent years. We had hoped our outreach to your government would be met with greater freedom for you.”
  • “Your government silences its critics. It disrupts peaceful assemblies. It censors independent journalists and rigs the economy so the government alone profits.”
  • “Your government has exported its bankrupt, destructive ideology to Venezuela. It has taught the Maduro regime how to silence journalists, crack down on the political opposition, and impoverish its people. Now, millions of Venezuelans join you in being denied their basic rights.”
  • “As we speak here today, your government is busy choosing the successor to the Castro dictatorship. It is attempting to fool you into believing you have a voice by holding local and regional so-called elections. But the process you are engaged in is not freedom. The results were determined before the first vote was cast.”
  • “When the [U.S.] abstained on this resolution last year, its decision was explained by saying, ‘We recognize that the future of the island lies in the hands of the Cuban people.’ There is a casual cruelty to that remark for which I am profoundly sorry. Regrettably, as of today, the future of Cuba is not in your hands. It remains in the hands of your dictators.”
  • “The [U.S.] opposes this resolution today in continued solidarity with the Cuban people and in the hope that they will one day be free to choose their own destiny.”
  • “We might stand alone today. But when the day of freedom comes for the Cuban people – and it will come – we will rejoice with them as only a free people can.”

The U.S. opposition was no surprise in light of the prior consistent Trump Administration’s statements supporting the embargo and the preceding request to do so from U.S. Senator Marco Rubio.[7]

Reactions to the Resolution [8]

 The day before the U.N. vote, 10 Democratic Senators wrote to President Trump urging the U.S. to abstain on the vote. The “failed embargo,” they said, has been repeatedly and publicly condemned by the international community as ineffective and harmful to the people of Cuba. The longer we maintain this outdated Cold War policy the more our international and regional credibility suffers.” Moreover, “the overwhelming majority of Americana, including Cuban-Americans, and Cubans, including Cuban entrepreneurs and many dissidents, [plus international human rights organizations] oppose the embargo and favor engagement by the [U.S.] with Cuba. These Senators were Patrick Leahy (VT), Amy Klobuchar (MN), Chris Van Hollen (MD), Sherrod Brown (OH), Elizabeth Warren (MA), Jeff Merkley (OR), Jack Reed (RI), Edward Markey (MA), Al Franken (MN) and Sheldon Whitehouse (RI).

The President of Engage Cuba, a U.S. national coalition of private companies, organizations and state and local leaders working to lift the embargo, said, “”Ambassador Haley’s comments highlight the Trump administration’s misguided approach toward Cuba. If the administration spoke to real Cubans, they would know that fears for the future are rooted in what a rollback of engagement means for their businesses, communities and families. The Trump administration seems determined to stand alone in the world, supporting an archaic policy has failed for the last 55 years. And the biggest losers are the people of Cuba.”

Conclusion

As an U.S. citizen-advocate for ending the embargo as soon as possible, I am not pleased with the U.S. opposition to this resolution and to the very hostile tone of Ambassador Haley’s remarks. I obviously regret the U.S. abandonment of last year’s abstention by the U.S. on the prior resolution.

Moreover, too many in the U.S. believe the Cuban damages claim from the embargo is just a crazy Cuban dream, but I disagree. Given the amount of the claim, Cuba will not someday tell the U.S. to forget it, nor will the U.S. write a check for Cuba in that amount. A prior post, therefore, suggested that the two countries agree to submit this claim and any other damage claims by both countries for resolution by an independent international arbitration panel such as those provided by the Permanent Court of Arbitration at The Hague in the Netherlands.

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[1] U.N. Press Release, As General Assembly Adopts Annual Resolution Urging End to United States Embargo on Cuba, Delegates Voice Concern About Possible Reversal of Previous Policy (Nov. 1, 2017) [hereafter “U.N. Press Release”]; U.N., UN General Assembly again calls for lifting US embargo against Cuba (Nov. 1, 2017); Minute by Minute: The world against the Blockade, CubaDebate (Nov. 1, 2017); Reuters, U.S. Votes Against U.N. Resolution Calling for End to Cuba Embargo, N.Y. times (Nov. 1, 2017). A prior post covered the similar resolution passed in 2016 by the General Assembly, 191-0 (with abstentions by the U.S. and Israel).

[2]  Cuba Foreign Ministry, Cuba vs. Bloqueo: Cuba’s Report on Resolution 71/5 of the United Nations General Assembly entitled “Necessity of ending the economic, commercial and financial blockade imposed by the United States of America against Cuba” (June 2017); U.N. Sec. Gen Report, Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba (July 29, 2017); Cuban report on development. Cuba’s Foreign Ministry’s website has a special section on the embargo (Cuba vs. Bloqueo), which includes a scorecard of the General Assembly votes on resolutions against the embargo (blockade), 1982-2016.

[3] U.N. Gen. Assembly, Resolution A/72/L.2 (Oct. 2017).

[4] Cuba Foreign Ministry, Cuba denounces in UN force and intensification of the US blockade (Nov. 1, 2017); U.N. Press Release.

[5] U.N. Press Release.

[6] Ambassador Haley, Remarks at a UN General Assembly Meeting on Cuba, U.S. Mission to U.N. (Nov. 1, 2017). Essentially the same message was delivered the same day by the U.S. Deputy Permanent Representative to the U.N., Ambassador Michele J. Sison. (Sison, Explanation of Vote at a UN General Assembly Meeting on the Cuba Embargo,U.S. Mission to the U.N. (Nov. 1, 2017).

[7] E.g., White House, Remarks by President Trump at the 2017 Values Voter Summit (Oct. 13, 2017); Rubio, Letter to President Trump (Oct. 19, 2017). Unsurprisingly the State Department on October 31 announced that the U.S. would oppose the resolution. (U.S. State Dep’t, Department Press Briefing-October 31, 2017.)

[8] Letter, Senators Leahy et al to President Trump (Oct. 31, 2017); Engage Cuba, Statement on U.S. Vote Against U.N. Resolution Condemning the Cuban Embargo (Nov. 1, 2017).

 

 

Cuba Calling Alleged Sonic Attacks on U.S. Diplomats “The Maine Sonic”

An intensive article in CubaDebate reviews the details of Cuba’s investigation of the alleged “sonic attacks” on U.S. diplomats in Havana and concludes that there is no credible evidence of such attacks.[1] The article asserts the following as preliminary conclusions of the Cuban investigation:

  • There “is NO evidence to indicate the occurrence of the alleged acoustic attacks;”
  • “It has not been possible to establish investigative hypotheses about the origin of these events, which by their nature are eminently sensory and do not leave traces or traces, an aspect supported by the representatives of the specialized agencies of the [U.S.] that traveled to Cuba.”
  • “Nor have possible authors or persons with motivation, intention or means to execute this type of actions been identified. In the work carried out by the team of Cuban researchers and in the information provided by US officials, the incidence of people or suspicious media in the places of occurrence or in its surroundings has not been established.”
  • “The medical team and Cuban scientists, after the expert technical analysis of the sound samples given by the[U.S.], certified the impossibility of these causing the health affectations described by the diplomats.”
  • “No evidence has been obtained of the existence in the country of any equipment that emits sound, such as the one described by the[U.S.]. No intentions, plans or the introduction to the national territory of these equipment through the air or maritime border have been detected.”

Now some in Cuba, including the authors of this article, are calling the alleged sonic attacks the “Maine Sonico.” This is an obvious reference to the U.S. claiming the 1898 explosion and sinking of the U.S. battleship S.S. Maine in Havana Harbor was caused by the Spanish and as a result the U.S. entered Cuba’s war of independence against Spain and after defeating the Spanish obtained a de facto protectorate over Cuba whereas a 1976 investigation by U.S. naval investigators determined the explosion was caused by spontaneous combustion in the battleship that ignited its ammunition stocks and caused the sinking of the ship.[2]

Conclusion

This characterization of the alleged sonic attacks is an explosive claim itself. It essentially and implicitly asserts that the U.S. allegations of sonic claims are fraudulent in their entirety and are being used by the Trump Administrationas a fraudulent excuse to reverse President Obama’s efforts to normalize relations between the two countries and to enable U.S. investigators, with Cuban consent, to go to the island and fraudulently investigate other issues.

Another possible explanation of the U.S. claims is that there were actual medical problems for some U.S. diplomats in Cuba that were caused by a secret and malfunctioning U.S. device and that the U.S. does not want to reveal the existence of this secret device.

Both of these theories need further investigation in the U.S. to determine if either or both are valid. The repeated State Department assertions that the U.S. investigations to date have not identified a cause or perpetrator of the alleged attacks is at best surprising and indirectly supports looking for other theories to explain the alleged attacks.

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[1] Falcón, Reinaldo & Martinez, Incongruences of the acoustic attack: Why is not the Maine Sonico against Cuba credible? (+ Video), CubaDebate (Oct. 30, 2017),

[2] The Maine explodes, This Day in History: February 15 [1898].