On May 20, President Trump and Secretary of State Pompeo stated that May 20 was Cuba’s Independence Day. Cuban officials immediately rejected that assertion.
Presidential Message on Cuban Independence Day, 2020
“On Cuban Independence Day, we recognize the patriots who fought to liberate Cuba from its colonial oppression and build a society founded on freedom. We continue to stand with the Cuban people as they seek those fundamental rights, and we express our commitment to supporting them as they continue to fight for freedom and democracy.”
“The United States has historic ties to the Cuban people and remains in solidarity with the millions who have fled the oppression of Cuba’s tyrannical regime in search of a new life. Cuba’s people deserve a government that promotes individual liberties, basic human rights, and opportunities to prosper. The Cuban model represents failed socialism, and we will continue to ensure that Cuba does not export its repression anywhere else in the Western Hemisphere. That is why I took action early in my Administration to implement a strong policy toward Cuba that promotes respect for human rights, free markets, and a transition to democracy in Cuba. America will keep working with our allies and partners in the Western Hemisphere to bring stability, religious liberty, cooperation, and a freer future to the great people of Cuba.”
“Today, we celebrate the many contributions of Cuban Americans to our American story, and we pledge to continue working with them to secure a better tomorrow for Cuba.”
Later that same day Trump delivered a video message to Cuban-Americans. “We proudly stand with the people of Cuba. We’re with you. We’re fighting with you. We’re thinking with you. Cuban Americans, we’re extremely proud of you. And I am glad you are on my side.”
Secretary Pompeo’s Statement on Cuban Independence Day
“On Cuban Independence Day, I extend my warm regards and best wishes to the people of Cuba. The United States joins you in celebrating the anniversary of Cuba’s independence, 118 years ago today. The struggle of the Cuban people continues. Your democratic system was overthrown by a military dictator at the middle of the last century. But the revolution your forefathers fought for your rights, freedoms, and prosperity was hijacked by a communist dictatorship that has inflicted the worst forms of abuse on the Cuban people for 61 years.”
“Both Americans and Cubans alike value our independence and we seek to provide a better, more prosperous future for families, in realization of our God-given rights and dignity as individuals. We salute the brave Cubans who carry on this struggle despite the threats and abuses of the Castro regime: human rights defenders like José Daniel Ferrer and the Ladies in White; and journalists and truth-tellers like Roberto Quiñones, who by shining light on conditions in Cuba prevent the regime from hiding the truth. We salute those demanding the right to exercise their faith in peace, like Pastors Ayda Expósito Leyva and Ramón Rigal, who chose to provide their children with a faith-based home-school education but were imprisoned for doing so. These brave individuals, and many more who are unjustly imprisoned for their beliefs, or who daily face threats and abuse for standing up for what is right, are the true heirs to José Martí.”
“The United States stands with the Cuban people as you struggle to achieve your vision of a Cuba that is free and more just. The day when your dream of freedom becomes reality is decades overdue, but that day will come.”
An immediate response came in Tweets from Cuba Foreign Minister Bruno Rodriguez. He said, “The US Secretary of State is lying. Cubans do not commemorate this date, only remembered by the anti-Cuban groups which, from South Florida and with the broad support of the White House, still maintain annexationist interests and domination over Cuba.”
This thought was echoed by Rodrigo Malmierca, the head of Cuban Foreign Trade and Investment: Pompeo’s statement towards the Cuban people was “historical and politicized manipulation.”
In response to a similar message by President Trump in 2017, the Cuban government stated, “what was born on the day [May 20, 1902] was a Yankee neo-colony, which lived on until [the revolution on] January 1, 1959.”
This dispute over the “true” date for Cuba’s independence has been going on since at least 1959. The U.S. continued insistence on May 20 as the correct date is driven by U.S. hostility towards Cuba ever since the military defeat of the Cuban government by Fidel Castro-led rebels on January 1, 1959 (except for the period of normalization of relations led by President Obama, December 2014—January 2017). An examination of history is necessary to understand this conflict.
On April 24 and 25, 1898, Spain and the U.S. declared war against each other after the explosion of the U.S. battleship Maine in Havana harbor. The U.S. Senate’s authorization of that declaration included the Teller Amendment, which disclaimed any “inclination or intention to exercise sovereignty, jurisdiction or control” of Cuba and the U.S. intention to “leave the government and control of the island to its people.” Thereafter the U.S. entered Cuba’s war of independence from Spain, which formally was ended on December 10, 1898 with the Treaty of Paris whereby Spain ceded Cuba (and Puerto Rico, Guam and the Philippines) to the U.S. Cuba was not a party to that treaty.
Thereafter, the U.S. assumed military control of Cuba. On May 20, 1902, the supposed date of Cuban independence arrived when the U.S. flag was lowered in Havana and the new Cuban flag was raised. This was after the U.S. adoption in early 1901 of the Platt Amendment, whose terms Cuba on December 25, 1901, reluctantly included in its constitution granting the U.S. the right to intervene in Cuba to preserves its independence and imposing other restrictions on Cuba.
These provisions of the Cuban constitution existed until 1934 when the U.S. and Cuba executed a treaty allowing Cuba to delete them from its constitution.
This is Cuba’s real Independence Day (Dia de la Independencia) when Carlos Manuel de Céspedes, the “Father of the Homeland,” gave freedom to his slaves and started the first war of independence against the Spanish colonial power.
This is the Day of the National Revolution (Dia de la Rebeldia Nacional) to commemorate the day that the Cuban rebels started the Cuban revolution with an attack led by Fidel Castro on the Cuban Government’s Moncada Military Barracks in Santiago de Cuba. The rebels lost that battle, Fidel was captured,, tried, convicted, imprisoned and eventually exiled to Mexico, from which he successfully returned to Cuba in 1956 aboard the boat Granma and thereafter orchestrated the successful overthrow of the Batista regime on January 1, 1959.
July 26th, therefore, was chosen as the date for a speech in Matanzas, Cuba in 1991 by Nelson Mandela only a year-and-a half after his release from prison in South Africa.
January 1, 1959 
This is the Triumph of the Revolution (Triunto de la Revolución) public holiday to commemorate the triumph of the revolution led by Fidel Castro.
Yes, on May 20, 1902, Cuba officially ceased to be a colony of Spain. But on that same date Cuba became a neo-colony of the U.S. or a territory under a de facto U.S. protectorate. It, therefore, is an insult for the U.S. to use grandiose language to proclaim that date as Cuba’s independence day.The U.S. should stop doing so.
Previous posts have discussed the positive impacts of immigrants on the southwestern Minnesota city of Worthington (Micropolitan Pop. 20,500 (2018)). Now two other Minnesota outstate cities (southeastern Austin and northwestern Roseau) have joined the chorus.
The city of Austin, population 25,190 (2018 est.) is the county seat of southeastern Mower County bordering Iowa to the south. It is the corporate headquarters of Hormel Foods Corp., a Fortune 500 company that grew out of the town’s small late 19th century butcher shop owned by George A. Hormel. In early January this year the county board gave its unanimous consent to resettlement of refugees.
“From 1% minority population in 1980 to 31% today, . . . [Austin’s] transformation has been profound. Immigrants from six continents call Austin home. Schools count more minority students than white students, with 48 different languages being spoken in classrooms. A medley of ethnic dining options and food markets surround the Spam Museum along Main Street downtown.”
The city’s high school basketball team, the Packers, has helped draw this diverse community together. For example, the winning last-second basket in a recent game was scored by Agwa Nywesh, an Ethiopian-American born in Austin. “Hundreds of students storm the court and took “turns hugging him. White kids, and African kids, and Asian kids, and Hispanic kids. Rich kids, poor kids. All celebrating. The big victories, they bring people together.”
The high school’s soccer program is also successful, becoming a state-tournament regular. “Hold up a mirror to this team and Austin’s diversity stares back. The roster includes a mix of white, Hispanic, Karenni and African players, and one teammate from Poland.”
In its “swelling school district, 37% of students speak a primary language other than English, double the statewide average. One in 12 children here was born outside of the United States, and many more were raised speaking their parents’ native language.” In response , “cultural liaisons were hired to be ‘success coaches’ for students of different ethnic communities. Santino Deng, the success coach for the African community, describes his job as ‘like 9-1-1.’”
Adjusting to these changes was not easy. According to the city’s mayor, Tom Stiehm, at first “you have that big blank space in your head and we just have a tendency to fill it with negative things. Once I got to learn the community and learn the people,” he changed. “It’s the wave of the future. You can either ride that wave or you can drown. I tell people, it doesn’t matter what you like. This is going to happen, and you better acclimate yourself to it.”
“A Welcome Center opened on Main Street, and Taste of the Nations events offered foods from different cultures, including hot dish from the ladies at the Lutheran church. The Hormel Foundation, which pours more than $9 million annually into Mower County with many initiatives, partnered with the YMCA to create a kid-friendly membership: $1 per year, per kid. One night, more than 700 kids — many of them Sudanese — checked into the Y within a four-hour period.”
“City leaders have begun including new voices in high-profile settings. The City Council established a rotating, honorary seat that goes to a leader from an immigrant community. That person doesn’t vote but serves for three months sitting alongside the city attorney and police chief at meetings.”
“Over time, immigrant families found their footing, becoming permanent citizens, taxpayers, homeowners, neighbors. Their kids filled schools, and immigrants opened businesses downtown.”
All of this prompted the state’s main newspaper, the StarTribune, to salute Austin in an editorial. “At a time when so much public discussion about immigrants and immigration is negative — with overblown, fear-inducing narratives about criminal activity, building walls and keeping people out — a Minnesota town is demonstrating how new Americans can strengthen a community.”
The city of Roseau, population 2,660 (2018 est.), is the county seat of Roseau County bordering Canada. A predecessor of Polaris Industries started its history there in 1954 with a prototype of a snowmobile, and the town still has the company’s main manufacturing plant for snowmobiles, all-terrain-vehicles (“ATVs”) and other products along with the company’s R&D.
Roseau, however, has an aging, declining population like most other small communities in the state and as a result has a major challenge in meeting Polaris’ demand for workers. Steve Hine, a research economist for the Minnesota Department of Employment and Economic Development, said, “There aren’t enough young people being born in Roseau County and staying in Roseau County to meet the needs of an expanding company like Polaris.”
A year ago Polaris hired a Puerto Rican recruiting firm to find a partial solution for a plant that consistently has about 70 job openings — and could add 70 more jobs if it could find the workers. In so doing, the company recognized that Puerto Rico might be a ready source of workers as it was suffering from hurricanes and more recently earthquakes and as its residents were U.S. citizens.
This recruiting effort has been successful. “On a recent weeknight, some 150 people crowded into Polaris’ fancy new lobby to celebrate the newcomers. A Puerto Rican made 80 pounds of pork butt. The manager of Roseau’s town ball team recruited Puerto Rican ballplayers. One Puerto Rican couple danced merengue. It was the biggest turnout Roseau’s Civic and Commerce Association has ever had.”
One of the newcomers, Ricardo Rojas, had been “a successful network systems engineer for a health insurer in San Juan, Puerto Rico, the mortgage on his $345,000 house was paid off, and his daughter was attending private school. Then he got laid off, . . . [and he] struggled to find steady work. . . . [His] home value plummeted. Jobs became even more scarce.” Now the job at Polaris “was a lifeline: double the pay of a manufacturing job back home, with full benefits, plus a better education for his 14-year-old daughter, who wants to be a doctor.”
Another Puerto Rican newcomer, Edwin Colón Pérez, “had worked at a medical manufacturing company in Puerto Rico, where he made $10.81 an hour. But production plummeted after the hurricane. Colleagues were laid off. Pérez has two children, 5 and 10, so he jumped at the opportunity to work 12-hour night shifts on Polaris’ manufacturing line, where he bends pipes in tube fabrication. He was excited to live in a place the high school principal describes as ‘Mayberry in the ’60s.’”
More generally, the Puerto Ricans “have filled the town’s housing — in apartments, in rental houses, in converted church basements — and brought diversity to this generations-long Scandinavian outpost.” They also “work at the AmericInn and at the bakery at Super One Foods. One Polaris employee hopes to open a restaurant featuring island specialties like mofongo and alcapurria. The wife of another hopes to start a school dance team. They worship at churches and drink beers at Legends Sports Pub and Grill. At a high school lip-sync competition, a new student rapped in Spanish a song he’d written. The 500 students erupted in applause.”
Rev. Steve Hoffer, pastor at Roseau Evangelical Covenant Church, welcomes the Puerto Ricans to the town. Along with six other churches, his church collected donated furniture and bedding, winter coats and used cars for the newcomers and bought plane tickets for families while Polaris paid for travel and temporary lodging for each worker. Said Pastor Hoffer, “This is a win-win-win for everyone. This is a win for Polaris because companies up here in the northwest corner of Minnesota have a hard time finding employees. It’s a win for our community because it helps broaden the overall perspective of our town. There’s a world of people out there with very different experiences than people who have been here their entire lives. And it’s a win for the folks who are moving here, because this is an economic opportunity they simply didn’t have in Puerto Rico.”
These two towns remind one of Minnesota Governor Tim Walz’s recent consent to resettlement of refugees. In his letter to Secretary of State Michael Pompeo, the Governor said, “Minnesota has a strong moral tradition of welcoming those who seek refuge. Our state has always stepped forward to help those who are fleeing desperate situations and need a safe place to call home.” Moreover, he said, “Refugees strengthen our communities. Bringing new cultures and fresh perspectives, they contribute to the social fabric of our state. Opening businesses and supporting existing ones, they are critical to the success of our economy. Refugees are doctors and bus drivers. They are entrepreneurs and police officers. They are students and teachers. They are our neighbors.” (Emphasis in original.)
A prior post reviewed the recent Ezra Klein column (and related book) that argued for “reducing the polarization of American politics by democratization, including “proportional representation and campaign finance reform; . . .[making] voter registration automatic and. . . [giving] Washington, D.C., and Puerto Rico the political representation they deserve.” https://dwkcommentaries.com/2020/02/14/u-s-needs-more-democratization/
Two respected political commentators–Norman J. Ornstein, a noted author and resident scholar at the American Enterprise Institute, and Ross Douthat, a self-proclaimed conservative New York Times columnist–have discussed the Klein book, which was the basis for his column.
The Klein book cites research by political scientists showing that split ticket voting in presidential and congressional elections has virtually disappeared, that self-proclaimed independents now vote more predictably for one party over another and that such voters are now more motivated by their antipathy for the other party rather than affinity for their own. Related to all of this is the emergence of political mega-identities: “Republicans have become more cultlike and resistant to compromise or moderation” while “Democrats have an immune system of diversity and democracy.”
Ornstein also endorses Klein’s opinion that “baked into the political system devised by our framers is an increasing bias toward geography and away from people. As the country becomes more diverse, the representation and power in our politics will grow even less reflective of that dynamism. . . . At some point, the fundamental legitimacy of the system will be challenged.”
Therefore, in the book, Klein calls for eliminating the Electoral College and the Senate filibuster, allowing Puerto Rico and the District of Columbia to become states and taking steps to make the House of Representatives more reflective of the country. “Of course, even these measures , commendable though they may be, are a very heavy lift.”
Douthat also takes on the more expansive statement of Ezra Klein’s opinions in his book, “Why We’re Polarized.” 
This book, says Douthat, correctly debunks the theory that “the cure for division is just to educate people about the Right Answers to complicated policy disputes.”
According to Douthat, Caldwell, another conservative author and New York Times contributing opinion writer, sees the current polarization as due to the 1960’s reformers creating “through the Civil Rights Act, a structure of judicial and bureaucratic supervision and redress that gradually expanded into a rival constitutional system. This so-called ‘Second Constitution’ is organized around the advancement of groups claiming equality, not the protection of citizens enjoying liberties. And so the claims these groups make must be privileged over and against both the normal legislative process and the freedoms of speech and religion and association that the original Constitution protects.”
Lind’s book, says Douthat, sees the current polarization as “the consolidation of economic power by a ‘managerial’ upper class'” and the resulting weakening of “any institution — from churches and families to union shops and local industries — that might grant real power to groups outside the gilded city, the Silicon Valley bubble, the Ivy League gate.” This phenomenon coupled with libertarianism of Regan and Thacher promoted “economic and social permissiveness . . . [and] a new class divide, between thriving meritocratic hubs and a declining and demoralized heartland, . . . [that] explains both the frequency of populist irruptions and their consistent futility.”
The above two books, however, in Douthat’s opinion, fail to acknowledge the importance of the “secularization and institutional-Christian decline” and resulting religious polarization as important trends contributing to polarization. which Douthat will address in a future column.
Note that Douthat does not address Klein’s point about American polarization being connected with the structure of American government giving greater weight to geographical units than to the number of people.
On Feb. 15, 1898, the USS Maine was sunk in Havana Harbor where it was temporarily stationed to provide support for Americans in the city during Cuba’s war for independence from Spain. A subsequent naval board of inquiry concluded that there was no US negligence in operating the ship and that it was “destroyed by the explosion of a submarine mine.” Although it did not say Spain did it, that was the logical conclusion. And William Randolph Hearst’s newspapers launched a campaign “Remember the Maine” that fueled U.S. citizens’ pressure for war against Spain. 
For various additional reasons, Americans in 1898 “flocked to the cause of ‘Cuba Libre,’ especially once fighting broke out on the island in 1895. The plight of the Cubans was particularly affecting: “Over the next three years, hundreds of thousands of civilians died, many in Spanish concentration camps, the existence of which spurred hundreds of Americans to join illegal filibuster missions to aid the rebels.”
On April 11, 1898, President William McKinley asked the Congress “to authorize and empower the President to take measures to secure a full and final termination of hostilities between the government of Spain and the people of Cuba, and to ensure in the island the establishment of a stable government, capable of maintaining order and observing its international obligations, ensuring peace and tranquillity and the security of its citizens as well as our own, and to use the military and naval forces of the United States as may be necessary for these purposes.” 
In making this request, McKinley “was moved above all by this humanitarian impulse.. . . [The] primary driver was the widely held belief that Spain was destroying Cuba. ‘A country nearly as large as England, with all the material conditions of opulent civilization, has been made a charnel house,” said John James Ingalls, a Kansas politician. The Spanish-American War was a ‘popular’ conflict in the literal sense.”
Nine days later (April 20, 1898) the Congress adopted a joint resolution for “the recognition of the independence of the people of Cuba, demanding that the government of Spain relinquish its authority and government in the Island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect.” What became known as the Teller Amendment was proposed by Senator Henry M. Teller (Rep., CO) and adopted by the Congress. It disclaimed “any disposition of intention to exercise sovereignty, jurisdiction, or control over said island except for pacification thereof, and asserts its determination, when that is accomplished, to leave the government and control of the island to its people.”
Because there were practically no military-trained men ready to fight, “McKinley authorized three volunteer cavalry regiments (800 to 1,000 soldiers), to be drawn from the ranks of men whose skills and life experiences made them predisposed to martial pursuits: cowboys, policemen, even college athletes.”
“The most famous of the three regiments, and the only one sent to Cuba, was the First United States Volunteer Cavalry — which reporters soon nicknamed the Rough Riders. Thanks to the renown of Theodore Roosevelt, who in 1897 as Assistant Secretary of the Navy, had said, ““A rich nation which is slothful, timid or unwieldy is an easy prey for any people which still retains those most valuable of all qualities, the soldierly virtues.”’and who in 1898 left the Department of the Navy to become the Volunteer Calvary’s lieutenant colonel, the regiment was overwhelmed with applicants.”
“The Rough Riders landed in Cuba on June 22, 1898. By August, Spain was suing for peace. In the subsequent Treaty of Paris, Spain recognized Cuba’s independence and ceded Puerto Rico, Guam and the Philippines to the U.S.
“Above all, the Rough Riders became instant celebrities because they embodied the public’s newfound, idealistic militarism. ‘Whether Fifth Avenue millionaires or Western cowboys, they fought together and died together in Cuba for the great American principles of liberty, equality and humanity,’ an editorialist for The Philadelphia Inquirer wrote.”
From the U.S. perspective, Teddy Roosevelt and the Roughriders military success in Cuba became part of U.S. legend, and Clay Risen, a deputy Op-Ed editor of the New York Times has revisited that legend in a Times article and a book.
Risen claims that this “war, however brief, was in fact a defining moment in America’s emergence as a global power. It captured the imagination of millions and changed how everyday citizens saw their place in the world. No longer content to merely inspire freedom for the world’s oppressed, . . . [many U.S. citizens] decided they had a personal obligation to bring freedom to them.”
“Underlying [this and other 20th century U.S. wars] is the same broadly held, deeply committed missionary zeal that drove . . . the Rough Riders to war. Until Americans learn to balance their commitment to global justice with an awareness of the limits to military prowess, the country will continue to make these mistakes.”
Nevertheless, Risen asserts that this was was “a half-baked, poorly executed, unnecessary conflict that pushed an immature military power onto the world stage.”
A recent article about the 1898 U.S. intervention in Cuba’s war of independence from Spain, asserts that at the time Americans “flocked to the cause of ‘Cuba Libre,’ especially once fighting broke out on the island in 1895. The plight of the Cubans was particularly affecting: Over the next three years, hundreds of thousands of civilians died, many in Spanish concentration camps, the existence of which spurred hundreds of Americans to join illegal filibuster missions to aid the rebels.”
One of the supporters of this cause was Theodore Roosevelt, who as Assistant Secretary of the Navy in 1897 said, “A rich nation which is slothful, timid or unwieldy is an easy prey for any people which still retains those most valuable of all qualities, the soldierly virtues.”
When President William McKinley declared war against Spain in April 1898, “he was moved above all by this humanitarian impulse.. . . [The] primary driver was the widely held belief that Spain was destroying Cuba. ‘A country nearly as large as England, with all the material conditions of opulent civilization, has been made a charnel house,” said John James Ingalls, a Kansas politician. The Spanish-American War was a ‘popular’ conflict in the literal sense.
Because there were practically no military-trained men ready to fight, “McKinley authorized three volunteer cavalry regiments (800 to 1,000 soldiers), to be drawn from the ranks of men whose skills and life experiences made them predisposed to martial pursuits: cowboys, policemen, even college athletes.”
“The most famous of the three, and the only one sent to Cuba, was the First United States Volunteer Cavalry — which reporters soon nicknamed the Rough Riders. Thanks to the renown of Roosevelt, who left the Department of the Navy to become its lieutenant colonel, the regiment was overwhelmed with applicants.”
“Above all, the Rough Riders became instant celebrities because they embodied the public’s newfound, idealistic militarism. ‘Whether Fifth Avenue millionaires or Western cowboys, they fought together and died together in Cuba for the great American principles of liberty, equality and humanity,’ an editorialist for The Philadelphia Inquirer wrote, “The Rough Riders landed in Cuba on June 22, 1898; by August, Spain was suing for peace.” In the subsequent peace treaty the U.S. acquired Puerto Rico, Guam and the Philippines and (until 1934) a de facto protectorate of Cuba. 
The author, Clay Risen, claims that this “war, however brief, was in fact a defining moment in America’s emergence as a global power. It captured the imagination of millions and changed how everyday citizens saw their place in the world. No longer content to merely inspire freedom for the world’s oppressed, . . . [many U.S. citizens] decided they had a personal obligation to bring freedom to them.”
“Underlying [this and other 20th century U.S. wars] is the same broadly held, deeply committed missionary zeal that drove . . . the Rough Riders to war. Until Americans learn to balance their commitment to global justice with an awareness of the limits to military prowess, the country will continue to make these mistakes.”
For Cuba, he said, “non – alignment means the struggle to radically change the international economic order imposed by the great powers, which has led to 360 people possessing a higher income than 45% of the world population annual wealth. The gap between rich and poor countries is growing. Technology transfer from North to South is an elusive aspiration.”
“Globalization mainly favors a select group of industrialized countries. The debt of southern countries multiplies. . . . [Mamy] people are pushed into unemployment and extreme poverty; millions [of] children die each year from hunger and preventable diseases; almost 800 million people cannot read or write, while more than 1.7 [billion] dollars are devoted to military spending.”
Castro reported that it has been “21 months since we announced simultaneously with President Barack Obama, the decision to restore diplomatic relations between Cuba and the United States.”
“There has been some progress, especially in the diplomatic arena and cooperation on issues of mutual interest, but has not been the same in the economic and commercial sphere, due to the limited scope, while positive, of the measures taken so far by the American government.”
“Cuba will continue to demand the lifting of the economic, commercial and financial blockade that [had caused] much damage and deprivation to Cuba and that also affects many countries for its extraterritorial scope.” Cuba also “will continue to demand that our sovereignty is returned to the territory illegally occupied by the US Naval Base in Guantanamo. Without [these and other changes by the U.S.] there can be no normal relations [between the two countries].”
Nevertheless, “we reaffirm the will to sustain civilized coexistence relations with the United States, but Cuba will not give up one of its principles, or . . . make concessions inherent in its sovereignty and independence. It will not relent in defending their revolutionary and anti-imperialist ideals, [or] in supporting self-determination of peoples.”
Castro also rejected any attempts to “regime change” and reaffirmed rejection of any country’s “resorting to aggression and use of force,” and “commitment to the principles of the United Nations Charter and International law; [to peaceful resolution of disputes] and full respect for the inalienable right of every state to choose its political, economic, social and cultural system as an essential condition to ensure coexistence among nations.”
More specifically Castro reaffirmed (a) Cuba’s “unconditional support for the government and Venezuelan people, the civil-military union and the constitutional President Nicolas Maduro Moros;” (b) Cuba’s rejection of the parliamentary “coup” in Brazil against President Dilma Rousseff; (c) Cuba’s support of Colombia’s “implementing the Agreement” with the FARQ; (d) Cuba’s support of “the people of the Syrian Arab Republic resolving their “without external interference aimed at promoting regime change, . . . “the creation of an independent Palestinian state with East Jerusalem as its capital, . . . the self-determination of the Saharawi people, . . . the historical demand of the Puerto Rican people towards self-determination and independence, . . . [and] the claim of Argentina over the Falkland Islands, South Sandwich and South Georgia;” and (e) Cuba’s congratulations to “the Islamic Republic of Iran for his work in the recently concluded mandate.”
Castro’s concluded with this assertion: “The only alternative to the enormous dangers and challenges ahead is unity and solidarity in defense of our common goals and interests.”
The Summit’s Declaration concluded with a 21-point statement of NAM objectives: (1) consolidate and revitalize NAM; (2) consolidation of the international order; (3) the right to self-determination; (4) disarmament and international security; (5) human rights; (6) condemnation of unilateral sanctions; (7) condemnation of terrorism; (8) dialogue among civilizations; (9) support for Palestine; (10) reform of the U.N. Security Council and General assembly; (11) selection and appointment of new U.N. Secretary-General; (12) U.N. peace-keeping operations; (13) sustainable development goals; (14) promotion of education, science and technology for development; (15) climate change; (16) reforming the international economic governance; (17) South-South cooperation (18) international solidarity in combatting pandemics; (19) support for refugees and migrants; (20) young women, peace and security; and (21) new world order of information and communication.
These words of Raúl Castro were nothing new.
The real news from the NAM Summit was the low turn-out. Of the 120 NAM members only 13 attended, including the leaders of Cuba, Iran, Palestine, Ecuador, Bolivia and Zimbabwe and the Venezuelan host.
Venezuela’s President Nicolas Maduro called the meeting as an opportunity to increase international solidarity for his socialist government as the oil-dependent economy reels from widespread food shortages and triple digit inflation. However, according to observers, the low attendance indicates that almost all of the NAM members were not interested in engaging in such solidarity with this country under these circumstances.
Nevertheless, Maduro spoke defiantly at the Summit about Venezuela’s problems, blaming them on the country’s foreign enemies. “Venezuela is facing a global attack, which is against all of Latin America and Caribbean. An attack that aims to impose a political, economic and cultural reorganization of our countries with the old oligarchy.”
As repeatedly stated, this blog concurs that the U.S. should end its embargo (blockade) of Cuba and that the peace agreement between the government of Colombia and the FARQ is to be applauded and hopefully will be approved in the October 2 referendum in that country. I also agree that Cuba and the other NAM members have the right to organize and advocate their many other positions.This blog, however, disagrees with Cuba’s allegation that the U.S. is illegally occupying Guantanamo Bay.
Finally soon after the NAM Summit, President Maduro met with U.S. Secretary of State John Kerry when both were in Cartagena Colombia for the signing of the Colombia-FARQ peace agreement. The next day on his regular television show in his country, Maduro, mentioning his 40-minute meeting with Kerry, said, “I ask that God bless the results of the meeting [with Kerry] and that Venezuela opens a new era of relations with the United States.” He also said that veteran U.S. diplomat Tom Shannon, who has been the U.S. point man for the troubled relationship, will visit Caracas again soon and that an invitation was open to Kerry.
The U.S. State Department, acknowledging the meeting, said, “The Secretary expressed our commitment to the well-being of the Venezuelan people, and our willingness to work with all sectors of Venezuelan society to enhance our relationship. He also spoke of our concern about the economic and political challenges that have affected millions of Venezuelans, and he urged President Maduro to work constructively with opposition leaders to address these challenges.” In addition, the Department said that “Kerry stressed our support for democratic solutions reached through dialogue and compromise” and that the two men “agreed to continue the bilateral discussions begun in recent months.”
On September 22, Cuba’s Foreign Minister, Bruno Rodriguez Parilla, addressed the annual meeting of the United Nations General Assembly. The next day he repeated some of the themes of this speech while talking at a meeting at the U.N. of the G77 + China, the intergovernmental organization of 134 U.N.-member developing countries that promotes their collective economic interests, their joint negotiating capacity on such issues and South-South cooperation for development.
Foreign Minister’s Speech to the U.N. General Assembly
“The statistics could not be more eloquent. 80% of the world population owns only 6% of the wealth, while the richest 1%, enjoys half the heritage of the planet. No less than 795 million people suffer from chronic hunger. 18,000 children die daily because of poverty. More than 660 million use non-potable water and 780 million adults and 103 million young people are illiterate.”
“The huge nuclear and conventional arsenals and annual military spending of 1.7 billion million dollars, belie those who claim that there are no resources to eliminate poverty and underdevelopment.”
“The waves of refugees into Europe, caused by underdevelopment and NATO interventions, show the cruelty, the oppressive nature, inefficiency and unsustainability of the current international order . . . .”
“2015 was also the worst in terms of climate change, with increasing global temperatures, melting of polar ice, the ocean levels and volume growth emission of greenhouse gases. . . . While it is expected that the industrialized countries will make progress in fulfilling the obligations assumed with the ambiguous Paris Agreement, only tangible data on financing and technology transfer to developing countries may justify hopes of survival of the human species.”
“Peace and development are the raison d’être of the [U.N.] For the human species, it is imperative and urgent . . . to create a culture of peace and justice as the basis of a new international order. . . . For peaceful coexistence among States, it is essential to respect the [U.N.] Charter and international law.”
“The UN must [combat] unilateralism and . . . be thoroughly reformed in order to democratize it and bring it closer to the problems, needs and aspirations of peoples in order to make it capable of [moving] the international system towards peace, sustainable development and respect for all human rights for all. The reform of the Security Council, both in its composition and its working methods, is a task that can no longer be postponed. Strengthening the General Assembly and rescuing [its] functions that have been usurped by the Security Council should guide the search for a more democratic and efficient organization.”
Rodrigues also supported the rights of the people of Palestine, the Sahara, the Syrian Arab Republic, Russia (and against NATO), Venezuela, Colombia (and their agreement to end the conflict with the FARQ), Brazil (and against “the parliamentary coup d’eta against President Rousseff”) and Puerto Rico.
He praised Cuban medical personnel who are “working in [61 countries in] all continents . . . for the life and health of humans” and criticized the U.S. Parole Program for Cuban Medical Personnel that seeks to interfere with such beneficial medical programs.
On the other hand, he recognized that “just over a year has passed since the restoration of diplomatic relations between Cuba and the United States and the reopening of embassies.” Since then “there has been some progress in our bilateral ties, especially in diplomatic affairs, dialogue and cooperation on issues of common interest, as reflected in the high-level visits, including the visit of President Barack Obama, and the dozen agreements signed on issues that can bring benefits to both countries and throughout the hemisphere.
However, “the reality is that the [U.S. embargo] blockade remains in force, continues to cause serious damage and hardship to the Cuban people and continues to hamper the functioning of the economy and its relations with other countries. Executive measures adopted by the [U.S.}, although positive, are insufficient.” Therefore, the Cuban government “will present [this October] to the Assembly the draft resolution entitled ‘Necessity of Ending the Economic, Commercial and Financial Tax by the United States of America against Cuba.’”
In the meantime, “the Cuban government [will continue to develop] a respectful dialogue with the [U.S.] Government, knowing that remains a long way to go to move towards normalization, which means building an entirely new bilateral relations [model].” For this to be possible some day, it will be imperative that the blockade [be] . . . lifted” and that the territory [allegedly] illegally occupied by the Naval Base of the United States in Guantanamo” be returned to Cuba.
“The Cuban people continues [to be engaged in updating [its] economic and social model . . . in order to build an independent, sovereign, socialist, prosperous and sustainable nation.”
Foreign Minister’s Speech at Meeting of G-77+ China
Rodriguez emphasized what he called “the historical debt owed to the nations of the South by the industrialized countries that built their wealth from centuries of colonialism, slavery and plundering of natural resources. This debt needs to be settled by [the industrialized countries] paying [the nations of the South] with financial flows and technology transfers.”
“The external [financial] debt [of the South] must be abolished because it already has been paid many times.”
The Cuban Foreign Minister of Cuba also advocated a direct and active participation of the South in global decisions.
He reiterated Cuba’s allegations against the U.S. economic, commercial and financial embargo (blockade) despite the recent rapprochement between the two governments. More will be heard on this subject when Cuba this October presents its annual resolution against the embargo to the General Assembly
There really was nothing new in these remarks, but it is heartening to hear again that Cuba continues to pursue normalization with the U.S. and to updating its economic and social model in order to build a more prosperous society.
Over the last week Cuban President Raúl Castro has made two speeches at the United Nations in New York City as has U.S. President Barack Obama. Afterwards the two of them with advisors held a private meeting at the U.N. with subsequent comments by their spokesmen. Here is a chronological account of these events.
On September 26, President Raúl Castro addressed the U.N. Summit on Sustainable Development, as shown in the photograph to the right. In his remarks he said, ”The reestablishment of diplomatic relations Between Cuba and the United States of America, the opening of embassies and the policy changes announced by President Barack Obama . . . constitute a major progress, which has elicited the broadest support of the international community.”
However, he added, “the economic, commercial and financial blockade [by the U.S.] against Cuba persists bringing damages and hardships on the Cuban people, and standing as the main obstacle to our country’s economic development, while affecting other nations due to its extraterritorial scope and hurting the interests of American citizens and companies. Such policy is rejected by 188 United Nations member states that demand its removal.”
More generally Castro condemned “the pervasive underdevelopment afflicting two-thirds of the world population” and the widening “gap between the North and the South” and “wealth polarization.”
Thus, he argued, “If we wish to make this a habitable world with peace and harmony among nations, with democracy and social justice, dignity and respect for the human rights of every person, we should adopt as soon as possible concrete commitments in terms of development assistance, and resolve the debt issue.” Such a commitment, he said, would require “a new international financial architecture, removal of the monopoly on technology and knowledge and changing the present international economic order.”
Nevertheless, according to President Castro, Cuba will continue to help other developing nations despite its limited capabilities and “shall never renounce its honor, human solidarity and social justice” that “are deeply rooted in our socialist society.”
On September 27, President Obama addressed the same U.N. Summit on Sustainable Development without touching on U.S.-Cuba relations. Instead he concentrated on the purpose of the Summit– sustainable development. (His photograph is to the left.)
He started by rejecting the notion that “our efforts to combat poverty and disease do not and cannot work, that there are some places beyond hope, that certain people and regions are condemned to an endless cycle of suffering.” Instead, he asserted, “the global hunger rate has already been slashed. Tens of millions of more boys and girls are today in school. Prevention and treatment of measles and malaria and tuberculosis have saved nearly 60 million lives. HIV/AIDS infections and deaths have plummeted. And more than one billion people have lifted themselves up from extreme poverty — one billion.”
Nevertheless, much remains to be done, according to Obama, and the nations at this Summit “commit ourselves to new Sustainable Development Goals, including our goal of ending extreme poverty in our world. We do so understanding how difficult the task may be. We suffer no illusions of the challenges ahead. But we understand this is something that we must commit ourselves to. Because in doing so, we recognize that our most basic bond — our common humanity — compels us to act.”
In this work, President Obama stated, the U.S. “will continue to be your partner. Five years ago, I pledged here that America would remain the global leader in development, and the United States government, in fact, remains the single largest donor of development assistance, including in global health. In times of crisis — from Ebola to Syria — we are the largest provider of humanitarian aid. In times of disaster and crisis, the world can count on the friendship and generosity of the American people.”
Therefore, Obama said, he was “committing the United States to achieving the Sustainable Development Goals” and to “keep fighting for the education and housing and health care and jobs that reduce inequality and create opportunity here in the United States and around the world.” This effort will include other “governments, more institutions, more businesses, more philanthropies, more NGOs, more faith communities, more citizens.” Moreover, the “next chapter of development must also unleash economic growth — not just for a few at the top, but inclusive, sustainable growth that lifts up the fortunes of the many.”
President Obama concluded by noting these obstacles to achieving these goals: bad governance; corruption; inequality; “old attitudes, especially those that deny rights and opportunity to women;” failure to “recognize the incredible dynamism and opportunity of today’s Africa;” war; and climate change
In a wide-ranging speech on international affairs, President Obama commented on U.S. relations with Cuba. He said, “I also believe that to move forward in this new era, we have to be strong enough to acknowledge when what you’re doing is not working. For 50 years, the United States pursued a Cuba policy that failed to improve the lives of the Cuban people. We changed that. We continue to have differences with the Cuban government. We will continue to stand up for human rights. But we address these issues through diplomatic relations, and increased commerce, and people-to-people ties. As these contacts yield progress, I’m confident that our Congress will inevitably lift an embargo that should not be in place anymore. Change won’t come overnight to Cuba, but I’m confident that openness, not coercion, will support the reforms and better the life the Cuban people deserve, just as I believe that Cuba will find its success if it pursues cooperation with other nations.”
Later in the speech, Obama added these words: “Think of the Americans who lowered the flag over our embassy in Havana in 1961 — the year I was born — and returned this summer to raise that flag back up. (Applause.) One of these men said of the Cuban people, “We could do things for them, and they could do things for us. We loved them.” For 50 years, we ignored that fact.
These comments were in the context of the following more general discussion of international affairs by President Obama: “We, the nations of the world, cannot return to the old ways of conflict and coercion. We cannot look backwards. We live in an integrated world — one in which we all have a stake in each other’s success. We cannot turn those forces of integration. No nation in this Assembly can insulate itself from the threat of terrorism, or the risk of financial contagion; the flow of migrants, or the danger of a warming planet. The disorder we see is not driven solely by competition between nations or any single ideology. And if we cannot work together more effectively, we will all suffer the consequences.”
“No matter how powerful our military, how strong our economy, we understand the United States cannot solve the world’s problems alone.” So too, in words that could be aimed at Cuba and others, “repression cannot forge the social cohesion for nations to succeed. The history of the last two decades proves that in today’s world, dictatorships are unstable. The strongmen of today become the spark of revolution tomorrow. You can jail your opponents, but you can’t imprison ideas. You can try to control access to information, but you cannot turn a lie into truth. It is not a conspiracy of U.S.-backed NGOs that expose corruption and raise the expectations of people around the globe; it’s technology, social media, and the irreducible desire of people everywhere to make their own choices about how they are governed.”
In a similar vein, Obama said, “The strength of nations depends on the success of their people — their knowledge, their innovation, their imagination, their creativity, their drive, their opportunity — and that, in turn, depends upon individual rights and good governance and personal security.”
Finally, according to Obama, we must “defend the democratic principles that allow societies to succeed” with a recognition that “democracy is going to take different forms in different parts of the world. The very idea of a people governing themselves depends upon government giving expression to their unique culture, their unique history, their unique experiences. But some universal truths are self-evident. No person wants to be imprisoned for peaceful worship. No woman should ever be abused with impunity, or a girl barred from going to school. The freedom to peacefully petition those in power without fear of arbitrary laws — these are not ideas of one country or one culture. They are fundamental to human progress.”
“A government that suppresses peaceful dissent is not showing strength; it is showing weakness and it is showing fear. History shows that regimes who fear their own people will eventually crumble, but strong institutions built on the consent of the governed endure long after any one individual is gone.”
“That’s why our strongest leaders — from George Washington to Nelson Mandela — have elevated the importance of building strong, democratic institutions over a thirst for perpetual power. Leaders who amend constitutions to stay in office only acknowledge that they failed to build a successful country for their people — because none of us last forever. It tells us that power is something they cling to for its own sake, rather than for the betterment of those they purport to serve.”
“Democracy — inclusive democracy — makes countries stronger. When opposition parties can seek power peacefully through the ballot, a country draws upon new ideas. When a free media can inform the public, corruption and abuse are exposed and can be rooted out. When civil society thrives, communities can solve problems that governments cannot necessarily solve alone. When immigrants are welcomed, countries are more productive and more vibrant. When girls can go to school, and get a job, and pursue unlimited opportunity, that’s when a country realizes its full potential.”
On September 28, Cuban President Raúl Castro in his address to the U.N. General Assembly essentially reiterated his comments of two days earlier about U.S.-Cuba relations with these words: ‘After 56 years, during which the Cuban people put up a heroic and selfless resistance, diplomatic relations have been reestablished between Cuba and the United States of America.”
“Now, a long and complex process begins toward normalization that will only be achieved with the end of the economic, commercial and financial blockade; the return to our country of the territory illegally occupied by the Guantanamo Naval Base; the suspension of radio and TV broadcasts, and subversion and destabilization attempts against the Island; and, when our people are compensated for the human and economic damages they continue to endure.”
“As long as the blockade remains in force, we will continue to introduce the Draft Resolution entitled ‘Necessity of Ending the Economic, Commercial and Financial Embargo imposed by the United States of America on Cuba.’ To the 188 governments and peoples who have backed our just demand, here, and in other international and regional forums, I reaffirm the eternal gratitude of the Cuban people and government for your continued support.” 
The rest of this Castro speech argued that the U.N. has failed in its 70 years of existence to fulfill the lofty purposes of its Charter. The speech also noted Cuba’s solidarity with its Caribbean brothers, African countries, the Bolivarian Republic of Venezuela, the Republic of Ecuador, the people of Puerto Rico, the Republic of Argentina, the Brazilian people and President Dilma Rouseff, the Syrian people and the Palestinian people. Castro also supported the nuclear agreement with the Islamic Republic of Iran.
On the other hand, Castro reaffirmed Cuba’s “rejection of the intention to expand the presence of NATO up to the Russian borders, as well as of the unilateral and unfair sanctions imposed on that nation” and Cuba’s condemnation of NATO and European countries’ efforts to destabilize countries of the Middle East and Africa that have led to the recent migrant crisis in Europe.
In conclusion, Castro said, “the international community can always count on Cuba to lift its sincere voice against injustice, inequality, underdevelopment, discrimination and manipulation; and for the establishment of a more equitable and fair international order, truly focused on human beings, their dignity and well-being.”
The two presidents with their advisors held a 30-minute private meeting at the U.N. on Tuesday, September 29. The photograph at the left shows them shaking hands.
The U.S. delegation consisted of Secretary of State, John Kerry; National Security Adviser, Susan Rice; National Security Council Senior Director for Western Hemisphere Affairs, Mark Feierstein; and the U.S. Permanent Representative to the U.N., Samantha Power.
Cuba’s delegation was composed of the Foreign Minister, Bruno Rodriguez; Consultant, Alejandro Castro Espin (the son of President Raúl Castro); Vice President of Cuba’s Defense and Security Committee, Juan Francisco Arias Fernández; Cuba’s Director General of U.S. Affairs, Ministry of Foreign Affairs, Josefina Vidal; and Cuba’s Ambassador to the U.S., José Ramón Cabañas.
On a September 29 flight from New York City to Washington, D.C., White House Press Secretary Josh Earnest, in response to a journalist’s question, said, “I know that the two leaders had an opportunity to discuss some of the regulatory changes that have been announced in the last couple of weeks on the part of the [U.S.]. The State Department is leading civil aviation coordination talks in Cuba right now. And these are all additional steps that are moving toward more normal relations between our two countries.”
“The President, as he always does, . . . reaffirmed our commitment to seeing the Cuban government do a better job of not just respecting, but actually proactively protecting, the basic human rights of the Cuban people.”
We “continue to believe that deeper engagement and deeper people-to-people ties, deeper economic engagement between the [U.S.] and Cuba will have the effect of moving the government and the nation in a positive direction.”
Thereafter the White House released the following written statement about the meeting: “President Obama met today with President Raul Castro of Cuba to discuss recent advances in relations between the United States and Cuba, as well as additional steps each government can take to deepen bilateral cooperation. The two Presidents discussed the recent successful visit of Pope Francis to both countries. President Obama highlighted U.S. regulatory changes that will allow more Americans to travel to and do business with Cuba, while helping to improve the lives of the Cuban people. The President welcomed the progress made in establishing diplomatic relations, and underscored that continued reforms in Cuba would increase the impact of U.S. regulatory changes. The President also highlighted steps the United States intends to take to improve ties between the American and Cuban peoples, and reiterated our support for human rights in Cuba.”
Soon after the presidential meeting, Cuban Foreign Minister Bruno Rodriguez held a press conference at the U.N. In his opening statement, he said that in a “respectful and constructive” atmosphere, the two presidents exchanged their views on the recent visit of Pope Francisco to Cuba and the United States, as well as issues on the bilateral agenda established between the two countries.
“The presidents agreed on the need to continue working on the set bilateral agenda, which includes areas of mutually beneficial bilateral cooperation and in third countries such as Haiti, the development of dialogue on issues of bilateral and multilateral interest and resolving outstanding issues between two states.”
President Castro affirmed Cuba’s desire to build a new relationship with the U.S. based on respect and sovereign equality, but reiterated that to have normal relations the U.S. had to lift the blockade, which is causing damage and hardship to the Cuban people and affects the interests of American citizens.
Castro also confirmed that Cuba on October 27 would introduce in the General Assembly a resolution condemning the embargo (blockade). Said the foreign Minister, the blockade is “a massive, flagrant and systematic violation of human rights of all Cubans and harms all Cuban families, even Cubans living outside Cuba.” Cuba fully expects this year’s resolution to once again have overwhelming support.
The Foreign Minister said the return of the territory illegally occupied by the Guantanamo Naval Base in Cuba is a high priority element in the process of normalization of relations between the U.S. and Cuba, as a vindication of Cuban people.
At another point he added that “we are very proud of the accomplishments of Cuba on human rights and that human rights are universal, not subject to political selectivity or manipulation of any kind. ” Cuba guarantees the full exercise of political rights and civil liberties, and economic, social and cultural rights. We have many concerns with the situation on human rights in the world, particularly in the U.S. and Western Europe, as illustrated by the current immigration refugee crisis. The pattern of racial discrimination and police brutality against African Americans in the [U.S.] is really serious.
Cuba reiterated its insistence on ending the U.S. embargo as an essential condition for normalization of relations, an objective shared by President Obama and this blog.  We now await the U.N. General Assembly’s debate and anticipated approval on October 27 of another resolution condemning the embargo and whether the U.S. will, for the first time, abstain on the vote.
Cuba continues to assert that the U.S. lease of Guantanamo Bay is illegal, but its saying so does not make it so. Previous blog posts have discussed this contention and do not find it persuasive and, therefore, suggested the two countries submit the dispute for resolution to the Permanent Court of Arbitration at The Hague in the Netherlands.
The same means has been suggested in this blog for resolving the disputes about whether or not Cuba has been damaged by the embargo (blockade) and the amount of such alleged damages as well as the amount of damages to U.S. interests by Cuba’s expropriation of property in the early years of the Cuban Revolution.
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.  In conclusion, this post will discuss methods for resolving these issues.
Before all of that, here are maps and photographs of Guantanamo Bay.
The Cuban War for Independence and the Spanish-American War 
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.
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.”
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.”
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]  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 thingsnecessary 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.
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.”
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.”
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.
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.” 
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),  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.  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.
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;  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. 
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.
 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).)
 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.”
 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.”
 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 . . . .”
Their vice presidential candidates were respectively Republican Theodore Roosevelt  and Democrat Adlai E. Stevenson.
After four years in office, President McKinley’s popularity had risen because of his image as the victorious commander-in-chief of the Spanish-American War of 1898 and because of the nation’s general return to economic prosperity. The Republicans made a spirited defense of America’s interests in foreign markets. They advocated expanding ties with China, a protectorate status for the Philippines, which recently had been acquired as a result of the War, and an antitrust policy that condemned monopolies while approving the “honest cooperation of capital to meet new business conditions” in foreign markets.
Popular campaign slogans for the Republicans were “Four More Years of the Full Dinner Pail” (“A Full Dinner Pail”); “Let well enough alone”; “advance agent of prosperity”; and “William McKinley, a Western man with Eastern ideas; and Theodore Roosevelt, an Eastern man with Western characteristics.”
During the campaign Bryan repeated his 1896 call for free silver even though the recent discoveries of gold in Alaska and South Africa had inflated the world’s money supply and increased world prices. As a result, U.S. farmers were reaping greater profits and were not upset with gold as the monetary standard. The Democrats also emphasized expansionism and protectionism as well as opposition to the emergence of an American empire.
McKinley campaigned from the “Front Porch” of his home in Canton, Ohio where in one day he greeted 16 delegations and 30,000 supporters. Theodore Roosevelt conducted a real “whistle-stop” campaign from the rear of a railroad train. He covered 21,000 miles, giving 673 speeches in 24 states to an estimated three million people.
In the November 6, 1900, election McKinley and Roosevelt won the popular vote: 7,228,864 votes (51.6 percent) to Bryan and Stevenson’s 6,370,932 votes (45.5 percent)—a gain for the Republicans of 114,000 votes over their total in 1896. McKinley and Roosevelt received nearly twice as many electoral votes as Bryan did. Below is a map showing the Republican states in red and the Democrats in blue.
 The 1900 election was in some respects a rerun of the 1896 election when McKinley defeated Bryan. During a deep economic depression, McKinley’s “front porch” campaign advocated “sound money” (the gold standard unless altered by international agreement) and promised that high tariffs would restore prosperity. Bryan, on the other hand, lambasted Eastern moneyed classes for supporting the gold standard at the expense of the average worker. At the Democratic Convention that year he delivered a speech supporting bimetallism or “free silver” and concluding with what became the famous exclamation: “You shall not crucify mankind upon a cross of gold.”
 Before his first term as President (1897-1891), McKinley served in the Union Army in the Civil War (1861-1865), practiced law (1967-1877) and served in the U.S. House of Representatives (1867-1891) and as Governor of Ohio (1992-1896). At the time of the 1900 election he was 57 years old.
 Bryan was a Nebraska lawyer who had served in Congress (1891-1895). In addition to his 1896 and 1900 presidential campaigns, he was the Democratic presidential candidate in 1908 and was the U.S. Secretary of State (1913-1915). In 1925 he obtained additional fame or notoriety as the lawyer for the prosecution of a teacher by the name of Scopes for teaching evolution with Clarence Darrow as the defense counsel. A jury guilty verdict was reversed on appeal.
Roosevelt, who then was the 42-year old Governor of New York, had been a New York State Assemblyman (1882-1884), a cowboy in North Dakota (1884-1867), a U.S. Civil Service Commissioner (1887-1895), New York City Police Commissioner (1895-1897), U.S. Assistant Secretary of the Navy (1897-1898) and Colonel in the U.S. Volunteer Calvary Regiment (“the Rough Riders”) (1898). Roosevelt did not seek or want the vice presidential nomination, but leaders of the New York State Republican Party did not like Roosevelt and wanted him out of state politics. As a result they pressured McKinley to accept Roosevelt as his new vice-presidential candidate. The latter’s great popularity among most Republican delegates led McKinley to pick him as his new running mate.
Stevenson was U.S. Vice President (1893-1897) and previously a Congressman (1875-1877 and 1879-1881) and U.S. Assistant Postmaster General (1885-1889). He also was the grandfather of Adlai E. Stevenson II, who was Governor of the State of Illinois (1949-1953) and the unsuccessful Democratic presidential candidate (1952 and 1956).
 As a result of the War, Spain relinquished sovereignty over Cuba and ceded the Philippine Islands, Puerto Rico and Guam to the U.S. for the sum of $20 million.
 A subsequent post will examine some of Roosevelt’s campaign speeches.