Tag: reconciliation

President Obama’s Eloquent Speech to the Cuban People

On March 22, U,s, President Barack Obama addressed the past and future of U.S.-Cuba relations in a lengthy and eloquent speech at Havana’s Alicia Alonso Grand Theater. The in-person audience of 1,000 included Cuban President Raúl Castro and other officials and U.S. officials and business people. By live television, the audience also included the Cuban people. {1]  Below are photographs of the exterior of the Theater and of President Castro and other Cuban officials in a balcony at the Theater for the speech.

Theater exterior

Castro + @ speech

 

 

 

 

Here we will examine the speech itself, and a subsequent post will look at the reactions to the speech in Cuba and the U.S.

Summary of the Speech

Obama recognized that the two countries shared many things, including being colonized by Europeans and helped by slaves from Africa as well as patriotism and pride, love of family and hope for our children.

The last 50 years, however, have caused many disruptions in our countries’ connections. We are like two brothers who have been estranged for years even as we share the same blood.

The December 17, 2014, joint announcement of our two governments seeking restoration of normal relations was prompted by the U.S. recognition that its policies, including the embargo, were not working and needed to change and that the U.S. needed to help the Cuban people. Obama was in Cuba to end the last remnant of the Cold War and to declare that Cuba need not fear the U.S.

Even though the U.S. was not seeking to force change on Cuba, Obama stated that there were important universal rights that were as important for Cubans as they were for U.S. citizens: equality before the law; right to education, food and housing; freedom from arbitrary arrests; rights to practice their religious faith, assemble, organize, protest peacefully, criticize the government and elect their government leaders. Here is a photograph of President Obama giving the speech.

Obama speech

Text of the Speech

Here then is the actual text of his speech with an opening quotation from a poem by Cuba’s revered national poet, Jose Marti, that offered friendship and peace to both his friend and his enemy, “’Cultivo una rosa blanca’ [I plant a white rose]. Today, as the President of the United States of America, I offer the Cuban people el saludo de paz [the greeting of peace].”

“Havana is only 90 miles from Florida, but to get here we had to travel a great distance — over barriers of history and ideology; barriers of pain and separation.  The blue waters beneath Air Force One once carried American battleships to this island — to liberate, but also to exert control over Cuba.  Those waters also carried generations of Cuban revolutionaries to the United States, where they built support for their cause.  And that short distance has been crossed by hundreds of thousands of Cuban exiles — on planes and makeshift rafts — who came to America in pursuit of freedom and opportunity, sometimes leaving behind everything they owned and every person that they loved.”

“Like so many people in both of our countries, my lifetime has spanned a time of isolation between us.  The Cuban Revolution took place the same year that my father came to the United States from Kenya.  The Bay of Pigs took place the year that I was born. The next year, the entire world held its breath, watching our two countries, as humanity came as close as we ever have to the horror of nuclear war.  As the decades rolled by, our governments settled into a seemingly endless confrontation, fighting battles through proxies.  In a world that remade itself time and again, one constant was the conflict between the United States and Cuba.”

“I have come here to bury the last remnant of the Cold War in the Americas. I have come here to extend the hand of friendship to the Cuban people.”

“I want to be clear:  The differences between our governments over these many years are real and they are important.  I’m sure President Castro would say the same thing — I know, because I’ve heard him address those differences at length.  But before I discuss those issues, we also need to recognize how much we share.  Because in many ways, the United States and Cuba are like two brothers who’ve been estranged for many years, even as we share the same blood.”

“We both live in a new world, colonized by Europeans.  Cuba, like the United States, was built in part by slaves brought here from Africa.  Like the United States, the Cuban people can trace their heritage to both slaves and slave-owners.  We’ve welcomed both immigrants who came a great distance to start new lives in the Americas.”

“Over the years, our cultures have blended together. Dr. Carlos Finlay’s work in Cuba paved the way for generations of doctors, including Walter Reed, who drew on Dr. Finlay’s work to help combat Yellow Fever.  Just as Marti wrote some of his most famous words in New York, Ernest Hemingway made a home in Cuba, and found inspiration in the waters of these shores.  We share a national past-time — La Pelota [baseball]– and later today our players will compete on the same Havana field that Jackie Robinson played on before he made his Major League debut. And it’s said that our greatest boxer, Muhammad Ali, once paid tribute to a Cuban that he could never fight — saying that he would only be able to reach a draw with the great Cuban, Teofilo Stevenson.”

“So even as our governments became adversaries, our people continued to share these common passions, particularly as so many Cubans came to America.  In Miami or Havana, you can find places to dance the Cha-Cha-Cha or the Salsa, and eat ropa vieja [shredded pork or beef].  People in both of our countries have sung along with Celia Cruz or Gloria Estefan, and now listen to reggaeton or Pitbull. Millions of our people share a common religion — a faith that I paid tribute to at the Shrine of our Lady of Charity in Miami, a peace that Cubans find in La Cachita.”

“For all of our differences, the Cuban and American people share common values in their own lives.  A sense of patriotism and a sense of pride — a lot of pride.  A profound love of family.  A passion for our children, a commitment to their education.  And that’s why I believe our grandchildren will look back on this period of isolation as an aberration, as just one chapter in a longer story of family and of friendship.”

“But we cannot, and should not, ignore the very real differences that we have — about how we organize our governments, our economies, and our societies.  Cuba has a one-party system; the United States is a multi-party democracy.  Cuba has a socialist economic model; the United States is an open market.  Cuba has emphasized the role and rights of the state; the United States is founded upon the rights of the individual.”

“Despite these differences, on December 17th 2014, President Castro and I announced that the United States and Cuba would begin a process to normalize relations between our countries. Since then, we have established diplomatic relations and opened embassies.  We’ve begun initiatives to cooperate on health and agriculture, education and law enforcement.  We’ve reached agreements to restore direct flights and mail service.  We’ve expanded commercial ties, and increased the capacity of Americans to travel and do business in Cuba.”

“And these changes have been welcomed, even though there are still opponents to these policies.  But still, many people on both sides of this debate have asked:  Why now?  Why now?”

“There is one simple answer:  What the United States was doing was not working.  We have to have the courage to acknowledge that truth.  A policy of isolation designed for the Cold War made little sense in the 21st century.  The embargo was only hurting the Cuban people instead of helping them.  And I’ve always believed in what Martin Luther King, Jr. called ‘the fierce urgency of now’ — we should not fear change, we should embrace it.”

“That leads me to a bigger and more important reason for these changes:  Creo en el pueblo Cubano.  I believe in the Cuban people. This is not just a policy of normalizing relations with the Cuban government.  The United States of America is normalizing relations with the Cuban people.”

“And today, I want to share with you my vision of what our future can be.  I want the Cuban people — especially the young people — to understand why I believe that you should look to the future with hope; not the false promise which insists that things are better than they really are, or the blind optimism that says all your problems can go away tomorrow.  Hope that is rooted in the future that you can choose and that you can shape, and that you can build for your country.”

“I’m hopeful because I believe that the Cuban people are as innovative as any people in the world.”

“In a global economy, powered by ideas and information, a country’s greatest asset is its people.  In the United States, we have a clear monument to what the Cuban people can build: it’s called Miami.  Here in Havana, we see that same talent in cuentapropistas [self-employed workers], cooperatives and old cars that still run.  El Cubano inventa del aire. [Cubans invented the air.]”

“Cuba has an extraordinary resource — a system of education which values every boy and every girl. And in recent years, the Cuban government has begun to open up to the world, and to open up more space for that talent to thrive.  In just a few years, we’ve seen how cuentapropistas  can succeed while sustaining a distinctly Cuban spirit.  Being self-employed is not about becoming more like America, it’s about being yourself.”

“Look at Sandra Lidice Aldama, who chose to start a small business.  Cubans, she said, can ‘innovate and adapt without losing our identity…our secret is in not copying or imitating but simply being ourselves.’”

“Look at Papito Valladeres, a barber, whose success allowed him to improve conditions in his neighborhood.  ‘I realize I’m not going to solve all of the world’s problems,’ he said.  ‘But if I can solve problems in the little piece of the world where I live, it can ripple across Havana.’”

“That’s where hope begins — with the ability to earn your own living, and to build something you can be proud of.  That’s why our policies focus on supporting Cubans, instead of hurting them.  That’s why we got rid of limits on remittances — so ordinary Cubans have more resources.  That’s why we’re encouraging travel — which will build bridges between our people, and bring more revenue to those Cuban small businesses. That’s why we’ve opened up space for commerce and exchanges — so that Americans and Cubans can work together to find cures for diseases, and create jobs, and open the door to more opportunity for the Cuban people.”

“As President of the United States, I’ve called on our Congress to lift the embargo. It is an outdated burden on the Cuban people.  It’s a burden on the Americans who want to work and do business or invest here in Cuba.  It’s time to lift the embargo.  But even if we lifted the embargo tomorrow, Cubans would not realize their potential without continued change here in Cuba. It should be easier to open a business here in Cuba.  A worker should be able to get a job directly with companies who invest here in Cuba.  Two currencies shouldn’t separate the type of salaries that Cubans can earn.  The Internet should be available across the island, so that Cubans can connect to the wider world and to one of the greatest engines of growth in human history.”

“There’s no limitation from the United States on the ability of Cuba to take these steps.  It’s up to you.  And I can tell you as a friend that sustainable prosperity in the 21st century depends upon education, health care, and environmental protection.  But it also depends on the free and open exchange of ideas.  If you can’t access information online, if you cannot be exposed to different points of view, you will not reach your full potential.  And over time, the youth will lose hope.”

“I know these issues are sensitive, especially coming from an American President.  Before 1959, some Americans saw Cuba as something to exploit, ignored poverty, enabled corruption. And since 1959, we’ve been shadow-boxers in this battle of geopolitics and personalities. I know the history, but I refuse to be trapped by it.”

“I’ve made it clear that the United States has neither the capacity, nor the intention to impose change on Cuba.  What changes come will depend upon the Cuban people.  We will not impose our political or economic system on you.  We recognize that every country, every people, must chart its own course and shape its own model.  But having removed the shadow of history from our relationship, I must speak honestly about the things that I believe — the things that we, as Americans, believe.  As Marti said, ‘Liberty is the right of every man to be honest, to think and to speak without hypocrisy.’”

“So let me tell you what I believe.  I can’t force you to agree, but you should know what I think.  I believe that every person should be equal under the law. Every child deserves the dignity that comes with education, and health care and food on the table and a roof over their heads. I believe citizens should be free to speak their mind without fear, to organize, and to criticize their government, and to protest peacefully, and that the rule of law should not include arbitrary detentions of people who exercise those rights. I believe that every person should have the freedom to practice their faith peacefully and publicly. And, yes, I believe voters should be able to choose their governments in free and democratic elections.”

“Not everybody agrees with me on this.  Not everybody agrees with the American people on this.  But I believe those human rights are universal. I believe they are the rights of the American people, the Cuban people, and people around the world.”

“Now, there’s no secret that our governments disagree on many of these issues.  I’ve had frank conversations with President Castro.  For many years, he has pointed out the flaws in the American system — economic inequality; the death penalty; racial discrimination; wars abroad.  That’s just a sample.  He has a much longer list. But here’s what the Cuban people need to understand:  I welcome this open debate and dialogue. It’s good.  It’s healthy.  I’m not afraid of it.”

“We do have too much money in American politics.  But, in America, it’s still possible for somebody like me — a child who was raised by a single mom, a child of mixed race who did not have a lot of money — to pursue and achieve the highest office in the land.  That’s what’s possible in America.”

“We do have challenges with racial bias — in our communities, in our criminal justice system, in our society — the legacy of slavery and segregation.  But the fact that we have open debates within America’s own democracy is what allows us to get better.  In 1959, the year that my father moved to America, it was illegal for him to marry my mother, who was white, in many American states.  When I first started school, we were still struggling to desegregate schools across the American South.  But people organized; they protested; they debated these issues; they challenged government officials.  And because of those protests, and because of those debates, and because of popular mobilization, I’m able to stand here today as an African-American and as President of the United States.  That was because of the freedoms that were afforded in the United States that we were able to bring about change.”

“I’m not saying this is easy. There’s still enormous problems in our society.  But democracy is the way that we solve them.  That’s how we got health care for more of our people.  That’s how we made enormous gains in women’s rights and gay rights.  That’s how we address the inequality that concentrates so much wealth at the top of our society.  Because workers can organize and ordinary people have a voice, American democracy has given our people the opportunity to pursue their dreams and enjoy a high standard of living.”

“Now, there are still some tough fights.  It isn’t always pretty, the process of democracy.   It’s often frustrating.  You can see that in the election going on back home.  But just stop and consider this fact about the American campaign that’s taking place right now.  You had two Cuban Americans in the Republican Party, running against the legacy of a black man who is President, while arguing that they’re the best person to beat the Democratic nominee who will either be a woman or a Democratic Socialist. Who would have believed that back in 1959?  That’s a measure of our progress as a democracy.”

“So here’s my message to the Cuban government and the Cuban people:  The ideals that are the starting point for every revolution — America’s revolution, Cuba’s revolution, the liberation movements around the world — those ideals find their truest expression, I believe, in democracy.  Not because American democracy is perfect, but precisely because we’re not.  And we — like every country — need the space that democracy gives us to change.  It gives individuals the capacity to be catalysts to think in new ways, and to reimagine how our society should be, and to make them better.”

“There’s already an evolution taking place inside of Cuba, a generational change.  Many suggested that I come here and ask the people of Cuba to tear something down — but I’m appealing to the young people of Cuba who will lift something up, build something new.  El futuro  de Cuba tiene que estar en las manos del pueblo Cubano. [The future of Cuba must be in the hands of the Cuban people.]”

English “And to President Castro — who I appreciate being here today — I want you to know, I believe my visit here demonstrates you do not need to fear a threat from the United States.  And given your commitment to Cuba’s sovereignty and self-determination, I am also confident that you need not fear the different voices of the Cuban people — and their capacity to speak, and assemble, and vote for their leaders.  In fact, I’m hopeful for the future because I trust that the Cuban people will make the right decisions.”

“And as you do, I’m also confident that Cuba can continue to play an important role in the hemisphere and around the globe — and my hope is, is that you can do so as a partner with the United States.”

“We’ve played very different roles in the world.  But no one should deny the service that thousands of Cuban doctors have delivered for the poor and suffering. Last year, American health care workers — and the U.S. military — worked side-by-side with Cubans to save lives and stamp out Ebola in West Africa.  I believe that we should continue that kind of cooperation in other countries.”

“We’ve been on the different side of so many conflicts in the Americas.  But today, Americans and Cubans are sitting together at the negotiating table, and we are helping the Colombian people resolve a civil war that’s dragged on for decades. That kind of cooperation is good for everybody.  It gives everyone in this hemisphere hope.”

“We took different journeys to our support for the people of South Africa in ending apartheid.  But President Castro and I could both be there in Johannesburg to pay tribute to the legacy of the great Nelson Mandela. And in examining his life and his words, I’m sure we both realize we have more work to do to promote equality in our own countries — to reduce discrimination based on race in our own countries.  And in Cuba, we want our engagement to help lift up the Cubans who are of African descent, who’ve proven that there’s nothing they cannot achieve when given the chance.”

“We’ve been a part of different blocs of nations in the hemisphere, and we will continue to have profound differences about how to promote peace, security, opportunity, and human rights.  But as we normalize our relations, I believe it can help foster a greater sense of unity in the Americas — todos somos Americanos [we are all Americans].”

“From the beginning of my time in office, I’ve urged the people of the Americas to leave behind the ideological battles of the past.  We are in a new era.  I know that many of the issues that I’ve talked about lack the drama of the past.  And I know that part of Cuba’s identity is its pride in being a small island nation that could stand up for its rights, and shake the world. But I also know that Cuba will always stand out because of the talent, hard work, and pride of the Cuban people.  That’s your strength. Cuba doesn’t have to be defined by being against the United States, any more than the United States should be defined by being against Cuba.  I’m hopeful for the future because of the reconciliation that’s taking place among the Cuban people.”

“I know that for some Cubans on the island, there may be a sense that those who left somehow supported the old order in Cuba.  I’m sure there’s a narrative that lingers here which suggests that Cuban exiles ignored the problems of pre-Revolutionary Cuba, and rejected the struggle to build a new future.  But I can tell you today that so many Cuban exiles carry a memory of painful — and sometimes violent — separation.  They love Cuba.  A part of them still considers this their true home. That’s why their passion is so strong.  That’s why their heartache is so great.  And for the Cuban-American community that I’ve come to know and respect, this is not just about politics. This is about family — the memory of a home that was lost; the desire to rebuild a broken bond; the hope for a better future the hope for return and reconciliation.”

“For all of the politics, people are people, and Cubans are Cubans.  And I’ve come here — I’ve traveled this distance — on a bridge that was built by Cubans on both sides of the Florida Straits.  I first got to know the talent and passion of the Cuban people in America.  And I know how they have suffered more than the pain of exile — they also know what it’s like to be an outsider, and to struggle, and to work harder to make sure their children can reach higher in America.”

“So the reconciliation of the Cuban people — the children and grandchildren of revolution, and the children and grandchildren of exile — that is fundamental to Cuba’s future.”

“You see it in Gloria Gonzalez, who traveled here in 2013 for the first time after 61 years of separation, and was met by her sister, Llorca.  ‘You recognized me, but I didn’t recognize you,’ Gloria said after she embraced her sibling.  Imagine that, after 61 years.”

“You see it in Melinda Lopez, who came to her family’s old home.  And as she was walking the streets, an elderly woman recognized her as her mother’s daughter, and began to cry.  She took her into her home and showed her a pile of photos that included Melinda’s baby picture, which her mother had sent 50 years ago.  Melinda later said, ‘So many of us are now getting so much back.’”

“You see it in Cristian Miguel Soler, a young man who became the first of his family to travel here after 50 years.  And meeting relatives for the first time, he said, ‘I realized that family is family no matter the distance between us.’”

“Sometimes the most important changes start in small places. The tides of history can leave people in conflict and exile and poverty.  It takes time for those circumstances to change.  But the recognition of a common humanity, the reconciliation of people bound by blood and a belief in one another — that’s where progress begins.  Understanding, and listening, and forgiveness. And if the Cuban people face the future together, it will be more likely that the young people of today will be able to live with dignity and achieve their dreams right here in Cuba.”

“The history of the United States and Cuba encompass revolution and conflict; struggle and sacrifice; retribution and, now, reconciliation.  It is time, now, for us to leave the past behind.  It is time for us to look forward to the future together — un future de esperanza [a future of hope].  And it won’t be easy, and there will be setbacks.  It will take time.  But my time here in Cuba renews my hope and my confidence in what the Cuban people will do.  We can make this journey as friends, and as neighbors, and as family — together.  Si se puede.  Muchas gracias. [Yes we can. Many thanks.]”

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[1] White House, Remarks by President Obama to the People of Cuba (March 22, 2016); Agence France-Press, President’s Full Speech in Cuba, N.Y. times (Mar. 22, 2016) (complete video of speech); Davis, Obama in Havana Speech, Says Cuba Has Nothing To Fear from U.S., N.Y. Times (Mar. 22, 2016); Reuters, Obama Challenges Communist-Led Cuba With Call for Democracy, N.Y. Times (Mar. 22, 2016); Assoc. Press, In Cuba, Obama Calls for Burying ‘Last Remnant of Cold War,’ N.Y. Times (Mar. 22, 2016); Eliperin & DeYoung, Obama addresses the Cuban nation: “It is time now for us to leave the past behind,’ Wash. Post (Mar. 22, 2016).

 

 

 

 

 

 

 

 

 

Reactions to Reopening of U.S. and Cuba Embassies and Other Issues Regarding U.S.-Cuba Normalization

As discussed in an earlier post, on the morning of July 20, 2015, Cuba officially opened its Embassy in Washington, D.C., and the United States did likewise in Havana although the ceremonial opening of the latter will be on August 14 when Secretary of State John Kerry goes to Havana to preside over that event. Another post, that afternoon’s joint press conference at the U.S. Department of State by U.S. Secretary of State John Kerry and Cuba’s Foreign Minister Bruno Rodriguez; yet another post, recent comments about Cuba by the White House Press Secretary.

Now we look at the reactions to the significant issues raised by these events: (1) restoration of diplomatic relations; (2) future changes in Cuba; (3) future changes in Cuban human rights; (4) ending the U.S. embargo (or blockade) of Cuba; (5) altering or terminating Cuba’s lease of Guantanamo Bay to the U.S.; (6) ending U.S. Radio and TV Marti; (7) ending USAID and other covert U.S. “democracy” programs in Cuba; (8) Cuba’s returning U.S. fugitives; and (9) nominating and confirming the appointment of an U.S. ambassador to Cuba.

1. Restoration of U.S.-Cuba Diplomatic Relations?

There has been substantial U.S. approval of the restoration of diplomatic relations.

According to the Center for Democracy in the Americas (CDA), for instance, 12 public opinion polls conducted and released since January 1 show that “public support for the Cuba opening is strong, growing, and pervasive. Support for the new policy is bipartisan. It is significantly high among segments of voters — such as Hispanics — that candidates running for office increasingly care about. Most of all, the latest research shows that public support is rising. For example, support for ending the embargo was measured in July by the Chicago Council on Global Affairs at 67%, and earlier this year by Gallup at 59% and by the Associated Press at 60%.”[1]

Moreover, CDA sees “evidence that public support for America’s new Cuba policy is exerting its force on policymakers in the U.S. Congress.” It points to last week’s action of the Senate Appropriations Committee’s approving amendments eliminating House measures that would impede normalization in various ways[2] and to Republican legislators—Senator Dean Heller (NV) and Representative Bradley Byrne (AL)–who recently joined the ranks of supporters of normalization.

Despite the vigorous opposition to normalization repeatedly expressed by Cuban-Americans in Congress—Senators Marco Rubio (Rep., FL) and Robert Menendez (Dem., NJ) and Representatives Ileana Ros-Lehtinen (Rep., FL) and Mario Diaz-Balart (Rep., FL) [3]—there has been little organized opposition to normalization in the Cuban-American community, especially in Florida.[4]

This assessment has been confirmed by prominent Cubans in the U.S. and on the island. Pedro Freyre, a Cuban-born Miami lawyer with a national law firm representing several U.S. and foreign clients seeking to do business in Cuba and a former hardliner himself, said, “It’s over and done in Miami. It died with a whimper.” Indeed, he added that President Obama’s new policy was now widely accepted by South Florida’s 1.5 million Cuban exiles. Similar views were expressed in the Miami Herald by Mike Fernandez, a healthcare millionaire and Bush supporter, who said, “Cuban-Americans everywhere, but especially the diaspora in South Florida, have been awakening to the reality that Cuba’s isolation was and is not a sustainable strategy. It’s time to accept change. Let us not heed those relatively few voices who would go on continuing to trap our minds in hatred.” Carlos Alzugaray Treto, a former Cuban diplomat who is close to President Raúl Castro and his brother Fidel, put it best. He said, “The genie is out of the bottle. And once it’s out, you’re not going to be able to put it back in.”

Senator Amy Klobuchar (Dem., MN), who is the author of a bipartisan bill to lift the embargo, said this must be done for the U.S. to avoid losing investment opportunities that will come with loosening of travel restrictions to the island. She said, “Once millions of American tourists are going, they will need places to stay and they will need food to eat. … So when they come, they are going to be starting to sleep in Spanish hotels and eat German foods because those countries will be able to supply what they need in the tourism industry, not to mention the computers and Wi-Fi and everything else.”[5]

James Williams, the President of Engage Cuba, a major bipartisan group promoting this normalization, issued a statement on the reopening of embassies. He said, “we begin a new chapter of engagement between our two countries. American diplomats will now be much better equipped to engage with the Cuban people and civil society. They will be in a stronger position to elevate issues of concern, like human rights, as well as expanding on areas of cooperation with Cuba.” He pointed out that the “vast majority of the American people, and 97% of the Cuban people support opening relations. We applaud both governments for taking this important step to move forward beyond the Cold War policies of the past and call on Congress to play a constructive role at this historic moment of transition.”[6]

John Dinges, Associate Professor at Columbia University’s School of Journalism and an expert on U.S.-Cuba relations, said for the U.S. “the new relationship with Cuba removed a stumbling block in relations with the entire region, where the US attitude [was] considered irrational and stupid.”[7]

However, others argue that this change is misguided and erroneous. For example, Edward Gonzalez, professor emeritus of political science at U.C.L.A., stated that “in the face of potentially destabilizing change and high expectations at home, Cuban officials are tightening state controls in the short term.” Moreover, “given the regime’s totalitarian proclivity and apparatus, the state’s repression of dissidents and civil society, and its control over the lion’s share of the island’s economy, it is likely to continue into the distant future.” Therefore, he continues, the new U.S. engagement with Cuba “makes the [U.S.] complicit in propping up the regime both economically and politically, while leaving Cuban society even more isolated and defenseless vis-à-vis the all-powerful, coercive state.”[8]

Moreover, Senator Marco Rubio and former Florida Governor Jeb Bush, currently two of the many contenders for the Republican nomination for president in 2016, have said that if elected president in 2016, they would rescind the diplomatic relations. And Senator Tom Cotton (Rep., AK) has pledged to “work to maintain and increase sanctions on the regime, block the confirmation of a new ambassador, demand the extradition of U.S. fugitives from justice, and hold the Castro regime accountable.”[9]

Secretary of State John Kerry in his July 20 interviews,[10] responded to these threats to rescind the relations with Cuba. Kerry said that whoever is elected president in 2016, including Marco Rubio, will have “the ability to make a decision [on whether or not to rescind the re-establishment of diplomatic relations with Cuba]. Congress, obviously, has an ability to have an impact on that.” [11] But I think it would be a terrible mistake [to rescind such diplomatic relations]. The vast majority of the American people believe this is a very good thing to do. It doesn’t make sense. I mean, we had diplomatic relations with the Soviet Union. We had diplomatic relations with then-called Red China. We have to have relationships with countries to do business. And American citizens get hurt when we don’t do that.” Moreover, Kerry added, “I believe . . . President [Obama] has taken an irreversible step. I do not believe a next president, Republican or Democrat, will change it.”

Kerry continued, “Given the fact there are so many Cuban Americans, people who have family in Cuba, to not have a relationship where we can advocate for people, advocate for human rights, advocate for fairness, for elections, for democracy, for travel, for engagement, and all these things that make a difference in the quality of life of Cubans would be a terrible, terrible mistake. So I think, as time goes on, people will see the benefits that come from this policy.”

2. Future Changes in Cuba?

As Foreign Minister Rodriguez’s July 20 statement and Secretary Kerry’s statements made clear and as both governments previously had recognized, the opening of the embassies did not mean the process of normalization had been completed. Indeed, it has just started.

Secretary Kerry, in his interviews, observed, There are “key issues in the normalization process, and . . . [Minster Rodriguez and I] both said today that it will be long and complex. . . . [T]he measure of progress and success is really going to come from what happens in the next months as we go through this early diplomatic rekindling of a relationship. My suspicion is that there’s a possibility it could move faster than people think, simply because I think the Cuban people want it. And as we are there doing diplomacy, more present, able to engage, we actually can work at these kinds of issues more effectively than we’ve been able to for the last 50, 60 years.”

Kerry added that if Cuba is “willing to embrace it, we can bring them a tremendous leap in their economy. We could bring a better standard of living to their people. We can bring technology. We can bring various modern instruments of education, of health delivery, of communications. And I believe that over time things will change . . . at a pace that will be acceptable and, frankly, helpful to Cuba.” Kerry also said, the U.S. wants to see “a true, deep engagement [by Cuba], a willingness to work through these issues. There’s so much that we can cooperate on right now. We want to cooperate on law enforcement, . . . the environment, . . . our visas, . . . health, education, the rights of people, . . . hemispheric issues and interests like the war in Colombia or the relationship with Venezuela.”

Although not in direct response to the reopening of the embassies, Cuba’s President Raúl Castro in his July 15 speech to Cuba’s legislature (the National Assembly of People’s Power)[12] asserted, “We will continue the process of transformations in Cuban society at our own pace, which we have sovereignly chosen, with the majority support of the people, in the interest of constructing a prosperous and sustainable socialism, the essential guarantee of our independence.” (Emphases added.) He reiterated this theme near the end of his speech with these words: “Changing everything which must be changed is the sovereign and exclusive domain of Cubans. The Revolutionary Government is willing to advance in the normalization of relations, convinced that both countries can cooperate and coexist in a civilized manner, to our mutual benefit, beyond the differences we have and will have, thus contributing to peace, security, stability, development and equity in our continent and the world.” (Emphases added.)

A New York Times editorial said, “The full normalization of relations between the United States and Cuba will take years and will be an arduous process. Issues that will be hard to resolve include the disposition of American property the Cuban government seized in the 1960s, and the fate of the United States Navy base in Guantánamo Bay, which the Cuban government considers an illegally occupied territory.”[13]

Professor Dinges offered a similar assessment of the future. He said, “’normal’ relations are not compatible with the [U.S.] travel ban, with [the U.S.] economic embargo, with a recent history of semi-clandestine operations by the [USAID] to promote economic and social discontent. I hope to see in the near future gestures of friendship and rapprochement. For the [U.S.], it is important to dismantle the Guantanamo prison, and the minimization of military forces at the base. On behalf of Cuba, a gesture of detente toward the Miami Cubans would not cost anything and could have huge benefits. . . . There is distrust, there is a long history of [U.S.] aggression [against Cuba]. . . . [He believes future] “changes will be economically, technically, diplomatically. It would be illusory to expect radical changes in political structures in Cuba. Equally unrealistic to think that the US will stop talking about democracy and human rights.”

3. Future Changes in Cuban Human Rights?

Probably the leading U.S. desire for future changes in Cuba is with respect to human rights. For example, in one of his July 20 interviews, Kerry said Cuba does not “want [domestic] interference, but they know we’re not going to stop raising human rights issues. We made that very clear. . . . [W]e’re not giving up the DNA of the [U.S.], which is a deep commitment to human rights, to the values of democracy, freedom of speech, and so forth. So those . . . will be on the agenda. But on the other hand, the great step forward here is that neither of us . . . [is] taking one of our issues of contention and making it a showstopper. We want to engage, and when you get to that point, that’s what begins to break down the barriers.”

Kerry also told Andrea Mitchell, “There’s been a little bit of give . . . [by Cuba] with respect to some agreement on human rights. And I think that over time the elections discussion and the more pointed human rights issues are going to be very much part of the discussion. They are in every country where we have an embassy and an ambassador. We are fearless in our determination to walk in and talk to the authorities and give them a shared our sense of the problems that exist.”

According to the non-governmental Cuban Commission for Human Rights and National Reconciliation, there were 2,822 politically related detentions in the first six months of 2015, less than half the 5,904 registered in the same period last year. Many of those detained this year, however, report being treated more roughly, however.[14]

The previous source also reports, “more than 20 U.S. lawmakers have come to Cuba since February without meeting with opposition groups that once were an obligatory stop for congressional delegations.” This was apparently due to “Cuban officials . . . [having] made clear that if Congress members meet with dissidents, they will not get access to high-ranking officials such as First Vice President Miguel Diaz-Canel, the man expected to be the next president of Cuba” and to U.S. assessment that “talking with Cuban leaders is clearly the most promising way to promote reform on the island.”

On the issue of Cuban human rights, I submit that there is an enormous cognitive dissonance in the minds of U.S. opponents of normalization. Here are the reasons for that conclusion:

  • First, any objective student of history has to conclude that the U.S., especially since the start of the Cuban Revolution in 1959, has committed and threatened serious acts of hostility towards Cuba, including the embargo, the 1961 U.S.-supported invasion of Cuba’s Bay of Pigs, the 1962 threatened bombing of Cuba during the Cuban Missile Crisis, the embargo of the island and CIA attempts to assassinate Cuban President Fidel Castro. Moreover, U.S. hostility toward Cuba started at least in 1898 when it intervened in Cuba’s war of independence from Spain. Indeed, Foreign Minister Rodriguez’ July 20 speech referred to the late 19th century warning by José Marti of the U.S. “excessive craving for domination [over Cuba].”
  • Second, Cuba, therefore, has good reason to be fearful of the much larger and more powerful U.S. and as a result to take steps to protect itself against such perceived threats by restricting dissent. What would you do if you were in the Cubans’ shoes? It, therefore, will take time for Cuba to develop a sense of trust of the U.S. and as a result modify its restrictions on free speech and assembly.
  • Third, the self-proclaimed advocates of Cuban human rights like Rubio and Jeb Bush do not appear to be aware of the first two points. In addition, they apparently do not appreciate that their very hostility towards Cuba and normalization, purportedly on the ground of promoting Cuban human rights, instead contributes to Cuban skepticism about the good intentions of the U.S. and to the prolonging of Cuba’s restrictions on free speech and other civil liberties.

4. Ending the U.S. Embargo of Cuba?

Ending the embargo or blockade, of course, is a key demand by Cuba, and President Obama has asked the Congress to do just that. As discussed in previous posts, various bills to end the embargo have been introduced in this Session of the Congress, and supporters of normalization or reconciliation of the two countries, like this blogger, urge the Congress to approve such bills as soon as possible.

Such congressional action is in the U.S. national interest because the embargo has failed for over 50 years to produce positive change in Cuba, the embargo clearly has harmed or damaged the island’s economy, and Cuba has insisted on its removal as a key requirement for full normalization of relations.

In addition, there are at least two additional reasons for ending the embargo that this blogger has not seen mentioned in all the public discussion of this issue.

  • First, last October at the U.N. General Assembly Cuba alleged that the damage to Cuba from the embargo or blockade totaled $1.1 trillion, and the longer the embargo remains in effect that number will only increase. For a U.S. business this would require at least a footnote to its balance sheet identifying this as a contingent liability and explaining whatever reasons the business has for challenging the claim or the alleged amount of the claim. The rational action for such a business would be to terminate the conduct allegedly causing the damage, especially when it is not producing some benefit to the business.
  • Second, because of the U.S.-Cuba rapprochement of last December, other countries, especially the European Union and its members, are accelerating their efforts to obtain beneficial trade arrangements with Cuba. In short, the longer the U.S. waits to end the embargo, the further behind the U.S. will be with respect to competitors from around the world seeking to do business with Cuba.

Wake up, Congress!

5. Altering or Terminating the Cuba-U.S. Lease of Guantanamo Bay?

As previously noted, Foreign Minister Rodriguez at the July 20 reopening of the Cuban Embassy and at the subsequent joint press conference with Secretary Kerry reiterated Cuba’s request or desire to have its lease of Guantanamo Bay to the U.S. terminated and the territory returned to Cuba. Although the Foreign Minister did not set forth any alleged legal basis for this claim, he did mention that the 1906 lease occurred during a period of U.S. military occupation of the island that “led to the usurpation of [this] piece of Cuban territory”and thereby suggested that the lease was unfairly or coercively obtained.

Interestingly Rodriguez did not mention a previous legal theory advanced by the Fidel Castro regime: that the lease purportedly runs in perpetuity and, therefore, is illegal under Cuban law. Nor did Rodriguez mention another theory for ending the lease: the U.S. operation of a prison/detention facility at Guantanamo that allegedly is not permitted by the lease and, therefore, the U.S. has breached the lease.[15]

At that same joint press conference, Secretary Kerry immediately rejected U.S. willingness to return Guantanamo to Cuba. However, there were caveats in his comment: he said, At this time, there is no discussion and no intention on our part at this moment to alter the existing lease“ and “I can’t tell you what the future will bring but for the moment that is not part of the discussion on our side.” (Emphasis added.) This was reiterated, with similar qualifications, on July 22 by National Security Advisor Susan Rice at a White House press conference.[16] She said, “We’ve been clear that we’re not, at this stage, at all interested in changing the nature of our understanding and arrangements on Guantanamo.  And they may choose to raise it, but we’ve been equally clear that, for us, that’s not in the offing at the present.” (Emphasis added.) Do these caveats indicate an U.S. willingness in the future to discuss altering or even terminating the lease? I could understand a lease amendment increasing the amount of the rent and perhaps making administrative changes, but would be surprised if the U.S. would be willing to discuss termination of the lease and returning Guantanamo to Cuba.[17]

Although Cuba has not mentioned the U.S. operation of a detention facility at Guantanamo and the alleged U.S. torture of some of the detainees as a reason for Cuba’s desire to have the territory returned, it should be noted that President Obama has been trying to close that facility since the start of his first term.

On July 22, White House Press Secretary Josh Earnest confirmed “that the administration is, in fact, in the final stages of drafting a plan to safely and responsibly close the prison at Guantanamo Bay and to present that plan to Congress. That has been something that our national security officials have been working on for quite some time, primarily because it is a priority of the President.  He believes it’s in our clear national security interest for us to close the prison at Guantanamo Bay.” Earnest also said the President has decided to veto a defense spending bill now being negotiated in Congress if it includes provisions that would make it harder to close the prison.[18]

A few more details about the plan to close the detention facility were offered on July 25 by Lisa Monaco, one of Obama’s top national security aides, who said that such a plan was nearing completion. It will call for the U.S. to step up the transfers of 52 detainees cleared for resettlement in other countries and for the transfer to U.S. “Supermax” or military prisons for trials or continued military detention of at least some of the other 64 detainees still at Guantanamo who are deemed too dangerous to release. Efforts will be made to reduce the size of the latter group through “periodic review boards” that have been used to clear others for transfer.[19]

6. Ending U.S. Radio and TV Marti?

Another Cuban request is for the U.S. to stop its radio and TV broadcasts aimed at Cuba (Radio and TV Marti), again mentioned on July 20 by Minister Rodriguez. On July 22 National Security Advisor Rice stated, apparently in response to this request, the U.S. ”will continue to say and do what we think is appropriate to advance our interests in human rights and democracy in Cuba. . . . we’re not going to change just because the Cuban government may wish that we did.”

7. Ending USAID and Other Covert U.S. “Democracy” Programs in Cuba?

Prior posts have discussed recent “discreet” or covert programs in Cuba operated by the U.S. Agency for International Development (USAID) through private contractors purportedly to promote democracy in Cuba and the latter’s objections to same. Rodriguez in his July 20 speech did not specifically mention such programs, but did so indirectly by objecting to the U.S. seeking “obsolete and unjust goals” (i.e., regime change) by “a mere change in the methods.”

These prior posts have expressed this blogger’s objections to such USAID programs. The New York Times has done the same.

8. Cuba Returning U.S. Fugitives?

Although not specifically mentioned last week by Secretary Kerry or Minister Rodriguez, the issue of Cuba’s returning U.S. fugitives remains a top priority for many in Congress and in the U.S. generally. On July 24 Representative Jerry McNerney (Dem., CA) raised the issue with respect to Charles Hill, who is the sole surviving member of a group who hijacked an airliner in 1971; Hill and two others were fleeing charges relating to the killing of a New Mexico state trooper. McNerney, who was on that hijacked airliner, wants Hill to be returned to the U.S.[20]

9. Nominating and Confirming U.S. Ambassador to Cuba?

With respect to congressional threats to not provide funds for the U.S. embassy in Cuba and to not confirm an ambassador to that country, Kerry observed, “it always matters when Congress is sort of stepping in the way of something being able to . . . be fully effected. . . . [W]hy are they going to do that? Are they going to do that because the [old] policy [purportedly] has been so successful? Are they going to do that because they can show so much change that’s taken place in the last 60 years that this is a crazy path? . . . [It] just doesn’t make sense to prevent our diplomats from carrying the message . . . [of human rights and democracy]. To not be able to meet with more people in Cuba to know what is going on is a huge cutoff of opportunity. So I just think it’s cutting off your nose to spite your face and it’s a shame.”

Kerry also said, “Well, it depends on whom, obviously, the next president is, and we don’t know that now. So you can’t bet on it that way. You have to do what you think is right. You have to do what’s appropriate and make the difference. Nobody can guard against every eventuality of the future. But I believe the President has taken an irreversible step. I do not believe a next president, Republican or Democrat, will change it.”

Conclusion

The time has come for all U.S. citizens to support full normalization of our relations with Cuba!

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[1] Center for Democracy in Americas, Flag Poles to Public Opinion Polls—Is Congress (Finally) Getting the Message (July 24, 2015)

[2] The Senate Committee on July 23 voted, 18 to 12, to lift the “decades-long ban on travel to Cuba . . . . to block enforcement of a law prohibiting banks and other U.S. businesses from financing sales of U.S. agricultural exports to Cuba. . . . [and] to lift restrictions on vessels that have shipped goods to Cuba from returning to the U.S. until six months have passed.” A journalist asserted, “The panel’s votes reflect growing sentiment, even among some GOP conservatives, to ease the five-decade-plus Cuba trade embargo and travel restrictions to the island, which have failed to move the Castro regime toward democracy.” (Assoc. Press, GOP-Controlled Senate Panel Votes to Life Cuba Travel Ban, N.Y. Times (July 24, 2015); Davis, Senate Panel Takes Small Step Toward Easing Travel Restrictions with Cuba, N.Y. Times (July 23, 2015); Shabad, GOP-led Senate panel votes to lift travel ban to Cuba, The Hill (July 23, 2015).) This move in the Senate Appropriations Committee is part of a Democratic Senators’ strategy of attacking House riders in appropriation bills that imperil U.S.-Cuba reconciliation. (Shabad, Dems show their hand in budget poker, The Hill (July 26, 2015),)

[3] Menendez, Menendez Statement on Cuban Embassy Opening (July 20, 2015;    Ros-Lehtinen, Opening of Cuban Embassy in Washington, D.C. Harms Our National Security, Says Ros-Lehtinen (July 20, 2015); Diaz-Balart, Embassy in Washington, D.C. Will Represent the Castros, Not the Cuban People (July 20, 2015).

[4] Reuters, Cuban-American Resistance to Diplomatic Thaw Proves Tepid, N.Y.Times (July 21, 2015); Assoc. Press, Poll: Majority of Americans Favor Diplomatic Ties With Cuba, N.Y. Times (July 21, 2015); Reuters Video, Cubans enthusiastic about reopening of U.S. embassy in Havana, N.Y. Times (July 21, 2015).

[5] Klobuchar, News Release: Klobuchar: Opening of Cuban Embassy Marks Next Chapter in Relationship (July 20, 2015).

[6] Engage Cuba, Statement from Engage Cuba on Official Opening of U.S. and Cuba Embassies (July 20, 2015).

[7] Elizalde, John Dinges on Cuba-US relations: ‘I’m optimistic,’ CubaDebate (July 23, 2015)

[8] Gonzalez, Letter to Editor: Effects of Our Cuba Policy, N.Y. Times (July 24, 2015)

[9] Carney, GOPer doubles down on pledge to block Obama on Cuba, The Hill (July 20, 2015).

[10] Dep’t of State, [John Kerry] Interview with Steve Inskeep of National Public Radio (July 20, 2015); Dep’t of State, [John Kerry] Interview with Andrea Mitchell of NBC News (July 20, 2015).

[11] This blogger disagrees with Kerry’s saying Congress had a role in deciding to recognize a foreign government; such a congressional role appears to be unconstitutional in light of a recent U.S. Supreme Court decision that the president has the exclusive constitutional authority to recognize foreign governments.

[12] Speech presented by Army General Raúl Castro Ruz: ‘We will continue the process of transformations in Cuban society at our own pace, CubaDebate (July 15, 2015.

[13] Editorial, Formal Restoration of Diplomatic Ties with Cuba Is Just a Beginning, N.Y. Times (July 20, 2015).  The Washington Post, on the other hand, continued its opposition to normalization with Cuba with an editorial that focused on the human rights problems in Cuba and urging our diplomats to concentrate on those issues. (Editorial, U.S. diplomats in Cuba would do well to focus on human rights, Wash. Post (July 20, 2015).) As Secretary Kerry emphasized in his remarks, the U.S. continues to concentrate on those issues.

[14] Assoc. Press, Cuban Dissidents Feel Sidelined as Focuses on State Ties, N.Y. Times (July 23, 2015).

[15] A prior post suggested that Cuba’s best argument for terminating the lease was the U.S. operation of the prison/detention facility. However, Dr. Michael Strauss, an expert on this lease, asserts that at least in 2002 Cuba offered to facilitate U.S. transportation of detainees to Guantanamo; such conduct should weaken, if not demolish, such an argument for Cuba. (Strauss, Cuba and State Responsibility for Human Rights at Guantanamo Bay, 37 So. Ill. Univ. L.J. 533, 546 (2013).)

[16] White House, Press Briefing by Press Secretary Josh Earnest, 7/22/15.

[17] A prior post discussed these issues about the Guantanamo lease and recommended that the parties submit any unresolved disputes about the lease to the Permanent Court of Arbitration at the Hague in the Netherlands.

[18] Assoc. Press, White House Finishing Up Latest Plan for Closing Guantanamo, N.Y. Times (July 22, 2015) Guantanamo, N.Y. Times (July 22, 2015).

[19] Reuters, Some Guantanamo Inmates Would Go to U.S. Under New Plan: Obama Aide, N.Y. Times (July 26, 2015)

[20] Hattem, House Dem demands fugitives in Cuba be returned to the U.S., The Hill (July 24, 2015). A prior post explored the issues regarding extradition under a U.S.-Cuba treaty on the subject and recommended submitting any unresolved disputes about extradition to the Permanent Court of Arbitration at the Hague.

Comments About Cuba by White House Press Secretary 

On the morning of July 20, 2015, Cuba officially opened its Embassy in Washington, D.C., and the United States did likewise in Havana although the ceremonial opening of the latter will be on August 14 when Secretary of State John Kerry goes to Havana to preside that event. Prior posts discussed the ceremonial opening of the Cuban Embassy and the joint press conference later that day at the U.S. Department of State by U.S. Secretary of State John Kerry and Cuba’s Foreign Minister Bruno Rodriguez. This post reviews the extensive July 20 comments about the U.S.-Cuba relationship by White House Press Secretary Josh Earnest.[1] A subsequent post will review the reactions to these events.

Emphasizing Secretary Kerry’s Comments

Josh Earnest
Josh Earnest

Earnest first underscored Secretary Kerry’s comments about the reopening of embassies by saying, “The [U.S.] welcomes today’s historic opening of the embassy of the [U.S.] in Havana, Cuba, and the opening of the Cuban embassy here in Washington, D.C.  Today’s openings are the result of respectful dialogue between the [U.S.] and the Republic of Cuba following the December 17th announcements by President Obama and President Raúl Castro to reestablish diplomatic relations between our two nations.”

“This is yet another demonstration that we don’t have to be imprisoned by the past.  We look forward to working collaboratively to normalize relations with the Cuban government and the Cuban people after more than a half-century of discord.  Beginning today, U.S. diplomats in Havana will have the ability to engage more broadly across the island of Cuba, with the Cuban government, Cuban civil society, and even ordinary Cuban citizens.”

“We look forward to collaborating with the Cuban government on issues of common interest, including counterterrorism and disaster response, and we are confident that the best way to advance universal values like freedom of speech and assembly is through more engagement with the Cuban people.”

U.S. Ambassador to Cuba

The Press Secretary said he did “not have a specific commitment in terms of when [a nominee for U.S. Ambassador to Cuba] would be announced or who that person would be.  We certainly do believe that U.S. interests in Cuba would be best represented by somebody serving as the ambassador there.” Later in the conference, when pressed, he said despite anticipated resistance to the appointment of anyone to that position by some Senate Republicans, he expected such an a nomination to be made by the President.

The “current Chief of Mission is a gentleman named Jeffrey DeLaurentis.  He is somebody who had previously served as the Deputy Assistant Secretary of State for the Bureau of Western Hemisphere Affairs.  He is somebody who has done two previous stints at the U.S. Interests Section in Havana, and somebody who has served in a wide variety of diplomatic roles, including as the political counselor to the U.S. Mission at the United Nations in Geneva, a political counselor at the U.S. embassy in Bogota, even did a stint here at the White House at the National Security Council.

So this is somebody . . . with a wide range of experience in a variety of roles, and we’ve got a lot of confidence in the ability of Ambassador DeLaurentis to represent U.S. interests on the island in Cuba.  But I certainly wouldn’t rule out that the President would nominate somebody to serve at the rank of ambassador at the U.S. embassy in Cuba.”

DeLaurentis’ “top agenda item will be to represent the interests of the [U.S.] on the island.  In some cases, that is going to involve making sure that U.S. businesses and U.S. individuals that are engaged in commercial activity on the island of Cuba, that their interests are represented and protected on the island.  That’s certainly one reason that we’ve seen some bipartisan support in Congress for this policy change.”

“But obviously diplomats who are working at the new U.S. embassy in Cuba will also have the ability to more freely travel throughout Cuba and to interact and engage the Cuban people and, yes, even some members of the political opposition.  And we believe that that will better represent the interest of the [U.S.] on the island.”

Cuban Human Rights.

The change in U.S. policy regarding Cuba “is consistent with the national security interests of the [U.S. and] . . . with the kinds of values that this President and previous Presidents have aggressively advocated all around the world.  Those values are the respect for the basic human rights that we hold dear in this country — freedom of speech, freedom of assembly, freedom of religion, freedom of the press.”

“It’s clear that Cuba has significant progress to make in all of those areas.  What’s also clear is that the previous [U.S.] . . . [did not] really make much progress [on these issues].  The President believed that a change was necessary.  And we’re hopeful that in the coming years we’ll start to see the kind of respect for basic human rights on the island of Cuba that the U.S.] has long advocated.”

[Moreover, an] overwhelming percentage of the Cuban people are supportive and optimistic about this change in policy because of a chance that is has to improve their prospects on the island nation of Cuba.”

“So the President is looking forward to these kinds of changes taking effect [so] that the Cuban people and the Cuban government start to enjoy the benefits and see the results from greater engagement with the [U.S.]”

“In the days after this agreement was announced back in December, a substantial number of individuals who had previously been held by the Cuban government for their political views were released.  And that’s an indication that the Cuban government is trying to at least change their reputation when it comes to these issues.“

“But we have got a long list of concerns.” In addition, “for a long time the U.S. policy of trying to isolate Cuba became a source of irritation in the relationship between the [U.S.] and other countries in the Western Hemisphere.  And by removing that source of irritation, the [U.S.] can now focus attention of . . . other countries in the Western Hemisphere on the Cuban government’s rather sordid human rights record.”

“And again, that is part of the strategy for seeking to engage the Cuban people more effectively, and bring about the kind of change that we would like to see inside of Cuba.”

U.S. Leverage To Effect Change in Cuba.

As a result of the change in U.S. policy regarding Cuba, the U.S. will “have the leverage of the other countries in the Western Hemisphere that now are no longer distracted by the U.S. embargo against Cuba. . . . In fact, . . . we’ve remove[d] that irritant and allowed the rest of the Western Hemisphere to focus more closely on the conduct and policies of the Cuban government. That certainly is a positive development.”

“[A]ny perceived leverage [for the U.S.] that was included in an embargo did not succeed in generating the kind of outcome that its most ardent advocates believe is important.  We didn’t see the kind of progress on human rights reforms that we would like to see while that embargo was in place.”

That is “why the President has called for the removal of the embargo and . . . to take steps to restore diplomatic ties between our two nations. [T]he policy of isolation . . . [has] failed and it was time to try a different approach to succeed in achieving the goal that we all share, which is a Cuba that thrives and a Cuban government that respects and even protects the basic human rights of their citizens.”

“[P]art of this agreement included ensuring that Cuban citizens have greater access to the Internet and greater access to information, and we believe that, equipped with that knowledge, that that’s a good thing for the Cuban people.”

“What is persuasive [about this enhanced U.S. leverage] is that most public polls indicate that upwards of 90 percent of the Cuban population actually support this policy change. . . . [This] is an indication that it’s not just the U.S. interests that are best served by this policy; it’s actually the interests of the Cuban people that are best served by this policy as well.”

This “is something that we can evaluate in the years to come.  I certainly am not going to make you wait 55 years to evaluate the success of this policy, but it’s clear that the previous policy could be evaluated over 55 years and it clearly did not bring about the kind of results that we’d like to see.”

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[1] White House, Press Briefing by Press Secretary Josh Earnest, 7/20/15.

Joint Press Conference of U.S. Secretary of State John Kerry and Cuba Foreign Minister Bruno Rodriguez  

On the morning of July 20, 2015, Cuba officially opened its Embassy in Washington, D.C., and the United States did likewise in Havana although the ceremonial opening of the latter will be on August 14 when Secretary of State John Kerry goes to Havana to preside that event. A prior post discussed the ceremonial opening of the Cuban Embassy. This post covers that afternoon’s joint press conference at the U.S. Department of State by U.S. Secretary of State John Kerry and Cuba’s Foreign Minister Bruno Rodriguez.[1] Subsequent posts will review comments about U.S.-Cuba relations offered by the White House Press Secretary at a July 20 press conference and the reactions to these events.

Bruno Rodriguez & John Kerry @ U.S. State Department
Bruno Rodriguez & John Kerry @ U.S. State Department

Secretary Kerry’s Opening Statement

The conference was opened by Kerry, saying it was “an historic day; a day for removing barriers.” This day was welcomed by the U.S. as a “new beginning in its relationship with the people and the Government of Cuba. We are determined to live as good neighbors on the basis of mutual respect, and we want all of our citizens – in the U.S. and in Cuba – to look into the future with hope. Therefore we celebrate this day . . . because today we begin to repair what was damaged and to open what has been closed for many years.”

His prior discussion with Minister Rodriguez, Kerry said, “touched on a wide range of issues of mutual concern including cooperation on law enforcement, counter-narcotics, telecommunications, the internet, environmental issues, human rights, including trafficking in persons. And of course, we also discussed the opening of our embassies.”

This milestone, however, Kerry added, “does not signify an end to differences that still separate our governments, but it does reflect the reality that the Cold War ended long ago, and that the interests of both countries are better served by engagement than by estrangement, and that we have begun a process of full normalization that is sure to take time but will also benefit people in both Cuba and the United States.” Indeed, “the process of fully normalizing relations between the United States and Cuba will go on. It may be long and complex. But along the way, we are sure to encounter a bump here and there and moments even of frustration. Patience will be required. But that is all the more reason to get started now on this journey, this long overdue journey.”

Foreign Minister Rodriguez’s Opening Statement

Rodriguez opened in English by saying he had “a constructive and respectful meeting with [the] Secretary . . . [and] an exchange on the issues discussed by Presidents Raul Castro and Barack Obama during their historical encounter at the Summit of the Americas in Panama, the current status of the bilateral relations, and the progress achieved since the announcements of December 17th, 2014, including Cuba’s removal from the list of state sponsors of terrorism and the expansion of official exchanges on issues of common interest, and the re-establishment of diplomatic relations and the reopening of embassies.”

The Cuban people and government recognize “President Obama for his determination to work for the lifting of the blockade, for urging Congress to eliminate it, and for his willingness to adopt executive measures that modify the implementation of some aspects of this policy. Their scope is still limited, but these are steps taken in the right direction.”

Cuba also “emphasized that, in the meantime, the President of the [U.S.] can continue using his executive powers to make a significant contribution to the dismantling of the blockade, not to pursue changes in Cuba, something that falls under our exclusive sovereignty, but to attend to the interests of U.S. citizens.”

Rodriguez also “emphasized that the total lifting of the blockade, the return of the illegally occupied territory of Guantanamo, as well as the full respect for the Cuban sovereignty and the compensation to our people for human and economic damages are crucial to be able to move towards the normalization of relations.”

“We both ratified our interest in normalizing bilateral relations, knowing that this will be a long and complex process, which will require the willingness of both countries. There are profound differences between Cuba and the [U.S.] with regard to our views about the exercise of human rights by all persons all over the world, and also issues related to international law, which will inevitably persist. But we strongly believe that we can both cooperate and coexist in a civilized way, based on the respect for these differences and the development of a constructive dialogue oriented to the wellbeing of our countries and peoples, and this continent, and the entire world.”

He also “expressed to the Secretary of State that he will be welcome in Cuba on the occasion of the ceremony to reopen the U.S. embassy in Havana [on August 14].”

Rodriguez then essentially repeated these comments in his native Spanish language. He also “reiterated our invitation to all U.S. citizens to exercise their right to travel to Cuba, as they do to the rest of the world, and to the companies of that country to take advantage on an equal footing of the opportunities offered by Cuba.”

Question and Answer Session

The press then asked the following questions, and the two officials provided these answers.

  1. QUESTION: The first question had the following three parts: (a) What was the U.S. position with respect to Rodriguez’ statement that only the lifting of the trade embargo and the return of Guantanamo Bay would lend meaning to today’s historic events and that Cuba did not want any U.S. interference in its domestic policies? (b) What changes in Cuban human rights would the U.S. be pursing? (c) What changes would Cuba be willing to make at the request of the U.S. before the lifting of the embargo and return of Guantanamo?

SECRETARY KERRY: “[T[here are things that Cuba would like to see happen; there are things the United States would like to see happen.” But that does not mean that these things will happen.

“With respect to the embargo, President Obama . . . has called on Congress to lift the embargo.” The Administration hopes “that the embargo at the appropriate time will in fact be lifted and that a great deal more foundation can be built for this relationship.”

At this time, there is no discussion and no intention on our part at this moment to alter the existing [Guantanamo Bay] lease treaty or other arrangements with respect to the naval station, but we understand that Cuba has strong feelings about it. I can’t tell you what the future will bring but for the moment that is not part of the discussion on our side.”

The U.S., on the other hand, has “expressed and we will always express – because it’s part of the United States foreign policy; it’s part of our DNA as a country – and that is our view of human rights and our thoughts about it. We have shared good thoughts on that. We’ve had good exchanges. And as you know, part of this arrangement that took place involved an exchange of people as well as the release of some people. And our hope is that as time goes on, we’ll continue to develop that.”

What we did talk about today was how to further the relationship most effectively, and perhaps through the creation of a bilateral committee that might work together to continue to put focus on these issues.”

FOREIGN MINISTER RODRIGUEZ: “In recent times, the U.S. Government has recognized that the blockade against Cuba is a wrong policy, causing isolation and bringing about humanitarian damages and privations or deprivations to our people, and has committed to engage Congress in a debate with the purpose of lifting the blockade. . . . [T]he President of the U.S. [also] has adopted some executive measures which are still limited in scope but which are oriented in the right direction.”

In exchanges with Secretary Kerry we “have not spoken about conditions but rather about the need to move on through the dialogue on the basis of sovereign equality and mutual respect and create a civilized behavior, despite the profound differences that exist between both governments, to better attend to the interests of our respective peoples.”

“[I]t is very important that today a [Cuban] embassy was reopened in Washington and that diplomatic instruments could be created ensuring full mutual recognition, which is a practical contribution to the development of bilateral dialogue. . . . [For] Cuba, the normalization of relations presupposes the solution of a series of pending problems, [including] “the ceasing of the blockade against Cuba, the return of the territory of Guantanamo, and the full respect for the sovereignty of our country.” We also confirmed “that there are conditions . . . [for expanding] the dialogue . . . with the purpose of expanding mutually beneficial cooperation between our . . . countries and, of course, taking into account the fact that the situation between the U.S. and Cuba is asymmetric because our . . . country has not implemented any discriminatory policy against American citizens or enterprises. Cuba does not implement any unilateral coercive economic measure against the U.S. Cuba does not occupy any piece of U.S. territory. Precisely through the dialogue, we are supposed to create the proper conditions to move on towards the normalization of relations.”

  1. QUESTION: This was a three-part question: (a) What are the advantages [for Cuba’s having an embassy in the U.S,] taking into consideration that the blockade is still in place? (b) What are the advantages for the U.S.’ having an embassy in Havana? (c) Will the U.S. in the future respect the Vienna Conventions on Diplomatic Relations?

FOREIGN MINISTER RODRIGUEZ: “The fact that diplomatic relations have been re-established and that embassies have been reopened in both capitals shows first and foremost the mutual willingness to move on towards the improvement of the relations between our both countries. Second, new instruments are [being] created to further deepen this dialogue. . . . Third, . . . the basis for the normal functioning of these diplomatic missions would be the purposes and principles enshrined in the U.N. Charter: the principles of international law and the regulations containing the Vienna Conventions on diplomatic and consular relations. Therefore, we have reached agreements in these areas, and I can say that Cuba would absolutely respect those provisions. Cuban diplomats will strictly abide by those rules, and we will create in Cuba every necessary condition for the normal functioning of the new U.S. Embassy in our country.”

SECRETARY KERRY: Part “of the negotiations leading up to the opening of the embassies was . . . coming to agreement with respect to all of the diplomatic functions. . . . [That led to an] “agreement which is in accord with the Vienna Conventions and meets both of our countries’ understandings of what is needed and what is appropriate at this moment in time. It could be subject to change later in the future, obviously, but for the moment we are satisfied and we are living within the structure of the Vienna Convention.”

  1. QUESTION: A three-part question: (a) In “your discussions today, did you establish any sort of road map for talks going forward? (b) If so, what are your priorities? (c) As a result, do you envision a political opening in Cuba on issues such as greater freedom of speech and assembly, and also the legalization of opposition parties?”

FOREIGN MINISER RODRIGUEZ: We will “welcome Secretary Kerry in the next few weeks in Havana to continue our talks, to establish the appropriate mechanisms to expand the dialogue in areas related to bilateral cooperation oriented to the common benefit, and to retake our talks about the substantial aspects of the bilateral relations I have mentioned before, which will determine this process towards the normalization of relations.”

The “political opening in Cuba happened in the year 1959. . . . We Cubans feel very happy with way in which we manage our internal affairs. We feel optimistic when it comes to the solution of our difficulties and we are very zealous of our sovereignty, so we will maintain in permanent consultations with our people to change everything that needs to be changed based on the sovereign and exclusive willingness of Cubans.”

  1. QUESTION: A four-part question: (a) Is “this new era of relations with Cuba [based on a] recognition that the U.S. policies of isolating countries in Latin America that differ from . . . [U.S.] political views don’t work?” (b) “Do the recent trips to Caracas of Mr. Thomas Shannon [of the U.S. State Department] . . . [constitute a] beginning of trying to rebuild the relationship with Venezuela?” (c) Is it possible [for Cuba] to have relations with the U.S. when the U.S. is giving every signal that it is not willing to lift the blockade or the embargo as it is called here and cannot withdraw from Guantanamo?” (d) Has the U.S. after failing to change Cuba from the outside “now implemented a creative way to try to change Cuba from the inside?”

FOREIGN MINISTER RODRIGUEZ: The “fact that diplomatic relations are being established and that we are reopening both embassies is a show of the mutual willingness to move on towards the normalization of bilateral relations.” [Last] December President Obama recognized that the U.S. policy against Cuba had been wrong, causing damages and hardships to the Cuban people, and causing isolation to the U.S.”

The “re-establishment of diplomatic relations and the opening of embassies are appreciated by my country as a signal of progress towards a civilized relationship, despite the differences, and it would lend some meaning only if the blockade is lifted, if we are able to solve the pending problems for more than one century, and if we are able create a new type of relationship between the U.S. and Cuba different from what has existed all along the history.”

Cuba feels “that [President Obama’s] recognition of the need to lift the blockade against Cuba, that during the talks that we have had, including this morning’s talks, we have perceived respect for Cuba’s independence to the full determination of our people, [that the two countries] have talked, on the basis of absolute equal sovereignty despite differences shows that the dialogue is fruitful and that the U.S. and Cuba, by a mandate of the American people and the Cuban people, are in the condition to move on towards a future of relations different from the one accumulated throughout our history, responding precisely to the best interests of our citizens.”

“There is an international order. International law is recognized as the civilized behavior to be adopted by states. There are universally accepted principles, and these have been the ones who have allowed us to reach this date and the ones that . . . will reorient our behavior in our relations in the future.”

SECRETARY KERRY: With respect to Cuba, “passions ran deep . . . to this day in the [U.S.]. There are many Cuban-Americans who have contributed in so many ways to life in our country, some of whom are still opposed to a change, some of whom believe it is time to change.”

“When I served in the [U.S.] Senate, there were many of us who believed over a period of time that our policy of isolating [Cuba] was simply not working; we were isolating ourselves in many ways. And we felt that after all those years it was time to try something else. President Obama is doing that now. And it is clear that we have chosen a new path, a different path. Already, people tell me who have visited Cuba that they feel a sense of excitement, a sense of possibility. And I am convinced that as we work through these issues we are going to find a better path forward that speaks to the needs of both peoples, both countries.”

With respect to Venezuela, Counselor of the State Department, Ambassador Tom Shannon has had several conversations with the Venezuelans. We had a very productive conversation prior to the Summit of the Americas in Panama. The [U.S.] has said many times we would like to have a normal relationship with Venezuela and have reached out in an effort to try to change the dialogue, change the dynamics. There are differences that we have with President Maduro and his government, and we raise those differences and we talk about them.”

“Just today, Foreign Minister Rodriguez and I talked specifically about Venezuela and our hopes that we can find a better way forward, because all of the region will benefit if no country is being made a scapegoat for problems within a country, and in fact, all countries are working on solving those problems.”

“We hope that our diplomatic relations with Cuba can encourage not only greater dialogue with Venezuela but perhaps even efforts to try to help Colombia to end its more than 50-years war and perhaps even other initiatives.”

“It’s clear that Cuba has significant progress to make in all of those areas.  What’s also clear is that the previous [U.S.] . . . [did not] really make much progress [on these issues].  The President believed that a change was necessary.  And we’re hopeful that in the coming years we’ll start to see the kind of respect for basic human rights on the island of Cuba that the U.S.] has long advocated.”

[Moreover, an] overwhelming percentage of the Cuban people are supportive and optimistic about this change in policy because of a chance that is has to improve their prospects on the island nation of Cuba.”

“So the President is looking forward to these kinds of changes taking effect [so] that the Cuban people and the Cuban government start to enjoy the benefits and see the results from greater engagement with the [U.S.]”

“In the days after this agreement was announced back in December, a substantial number of individuals who had previously been held by the Cuban government for their political views were released.  And that’s an indication that the Cuban government is trying to at least change their reputation when it comes to these issues.“

“But we have got a long list of concerns.” In addition, “for a long time the U.S. policy of trying to isolate Cuba became a source of irritation in the relationship between the [U.S.] and other countries in the Western Hemisphere.  And by removing that source of irritation, the [U.S.] can now focus attention of . . . other countries in the Western Hemisphere on the Cuban government’s rather sordid human rights record.”

“And again, that is part of the strategy for seeking to engage the Cuban people more effectively, and bring about the kind of change that we would like to see inside of Cuba.”

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[1] U.S. Dep’t of State, Press Availability with Cuban Foreign Minister Bruno Rodriguez (July 20, 2015). A video and audio recording of the press conference is available on C-Span.

 

Cuba Announces Agreement To Restore Diplomatic Relations with the United States

On July 1, 2015, the U.S. and Cuba announced an agreement to restore diplomatic relations. This post will discuss Cuba’s announcement and reactions.[1] A prior post did the same for the U.S. announcement and reactions.

The Cuban government’s announcement of the resumption of diplomatic relations stated the following:

  • “The President of the Councils of State and Ministers of the Republic of Cuba, Army General Raúl Castro Ruz, and the President of the United States of America, Barack Obama, exchanged letters through which they confirmed the decision to reestablish diplomatic relations between the two countries and open permanent diplomatic missions in their respective capitals, from July 20, 2015.”
  • “By formalizing this step, Cuba and the United States ratified the intention to develop respectful and cooperative relations between both peoples and governments, based on the purposes and principles enshrined in the Charter of the United Nations and International Law, in particular the Vienna Conventions on Diplomatic and Consular Relations.”
  • “The Government of Cuba has decided to reestablish diplomatic relations with the United States in full exercise of its sovereignty, invariably committed to the ideals of independence and social justice, and in solidarity with the just causes of the world, and reaffirming each of the principles for which our people have shed their blood and ran all risks, led by the historic leader of the Revolution Fidel Castro Ruz.”
  • “With the reestablishment of diplomatic relations and the opening of embassies, the first phase concludes of what will be a long and complex process towards the normalization of bilateral ties, as part of which a set of issues will have to be resolved arising from past policies, still in force, which affect the Cuban people and nation.”
  • “There can be no normal relations between Cuba and the United States as long as the economic, commercial and financial blockade that continues to be rigorously applied, causing damages and scarcities for the Cuban people, is maintained. It is the main obstacle to the development of our economy, constitutes a violation of International Law and affects the interests of all countries, including those of the United States.”
  • “To achieve normalization it will also be indispensable that the territory illegally occupied by the Guantanamo Naval Base is returned, that radio and television transmissions to Cuba that are in violation of international norms and harmful to our sovereignty cease, that programs aimed at promoting subversion and internal destabilization are eliminated, and that the Cuban people are compensated for the human and economic damages caused by the policies of the United States.”
  • “In recalling the outstanding issues to be resolved between the two countries, the Cuban Government recognizes the decisions adopted thus far by President Obama, to exclude Cuba from the list of state sponsors of international terrorism, to urge the U.S. Congress to lift the blockade and to begin to take steps to modify the application of aspects of this policy in exercise of his executive powers.”
  • “As part of the process towards the normalization of relations, in turn, the foundations of ties that have not existed between our countries in all their history will need to be constructed, in particular, since the military intervention of the United States 117 years ago, in the independence war that Cuba fought for nearly three decades against Spanish colonialism.”
  • “These relations must be founded on absolute respect for our independence and sovereignty; the inalienable right of every State to choose its political, economic, social and cultural system, without interference in any form; and sovereign equality and reciprocity, which constitute inalienable principles of International Law.”
  • “The Government of Cuba reiterates its willingness to maintain a respectful dialogue with the Government of the United States and develop relations of civilized coexistence, based on respect for the differences between the two governments and cooperation on issues of mutual benefit.”
  • “Cuba will continue immersed in the process of updating its economic and social model, to build a prosperous and sustainable socialism, advance the development of the country and consolidate the achievements of the Revolution.”
Ramón Cabañas & Anthony Blinken
Ramón Cabañas & Anthony Blinken

That same day (July 1) Ramón Cabañas Rodríguez, the Head of the Cuban Interests Section in Washington, delivered to Interim Secretary of State Anthony Blinken at the U.S. State Department a letter from Raúl Castro to President Obama, confirming that “the Republic of Cuba has decided to reestablish diplomatic relations with the United States of America and open permanent diplomatic missions in our respective countries, on July 20, 2015.” That letter went on to say the following:

  • “Cuba makes this decision, motivated by the mutual intention to develop relations of respect and cooperation between both peoples and governments.”
  • “Cuba likewise draws inspiration from the principles and objectives established in the United Nations Charter and international law, namely, sovereign equality; the settlement of disputes by peaceful means; abstention from acts or threat of aggression or the use of force against the territorial integrity or political independence of any States, non-intervention in matters within the domestic jurisdiction of any State, the promotion of friendly relations among nations based on respect for the principles of equal rights and that of the people’s right to self-determination, and cooperation in solving international problems and in promoting and encouraging respect for human rights and fundamental freedoms for all.”
  • “The above stated principles are in accordance with the spirit and norms established in the Vienna Convention on Diplomatic Relations of April 18, 1961 and the Vienna Convention on Consular Relations of April 24, 1963, to which both the Republic of Cuba and the United States of America are parties, and will govern diplomatic and consular relations between the Republic of Cuba and the United States of America.”

Cuba also confirmed that on July 1 Jeffrey DeLaurentis, the Head of the U.S. Interests Section in Havana, had delivered to the Cuban Foreign Ministry a July 1 letter from President Obama to President Castro that was quoted in the prior post about the U.S. announcement of restoration of diplomatic relations.

Cuban Reaction

According to a U.S. reporter for the New York Times, Cubans in the streets of Havana welcomed the news about the resumption of diplomatic relations.

Roberto, a parking attendant who minds cars near the U.S. Interests Section on the Malecon, said, ““This will benefit the country. Maybe, I don’t know, it will eventually benefit me.”

Regina Coyula, a blogger who for several years worked for Cuban state security, commented, “People realize that the Americans aren’t going to solve their problems, and nor is the government” of Cuba. The reaction to the December 17th announcement of rapprochement was “like a firework display. Everyone watched them. Everyone thought they were beautiful. And then they went back to their lives.”

Coyula added that with American money being spent in private restaurants and homes and on car services, those Cubans who are doing well will do even better. “The difference between those Cubas is only going to grow.”

“We’ve been waiting all our lives for this, and it’s very welcome,” said Carmen Álvarez, 76, who was walking with friends near the Interests Section. “We’re waiting with our arms and our minds wide open.”

Yosvany Coca Montes de Oca, 38, who began listing his one-bedroom apartment in Havana with Airbnb, the online house-sharing service, in April, said, “Things are going really well.” He used to get four or five Americans staying at his house every month. For the past two months, he has had more than 15 and has been showered with reservations. But Mr. Coca acknowledged that he was part of a privileged economic circle that was feeling the immediate benefit of new American interest in Cuba. Many Cubans, he said, felt little change. “For ordinary people, it doesn’t have a direct impact. People are mainly concerned with getting by day to day.”

More generally, the U.S. reporter concluded,“The euphoria that prompted Cubans to toot their horns and wave flags [on December 17th] . . . has given way to a tempered hope that an influx of Americans, and the eventual end of the trade embargo, will help pry open the economy and the political system.”

Similar positive comments from people on the street in Havana were captured by Granma, the official newspaper of Cuba’s Communist Party.

Other Reactions

Cuba’s Granma newspaper reported positive reactions to the restoration of diplomatic relations from China, Brazil, the European Union and the United Nations.

Conclusion

The Cuban announcement reiterated some of the issues that Cuba has raised before and after the December 17th announcement of rapprochement and that have been addressed in prior posts to this blog.

Foremost for Cuba is ending the U.S. embargo or blockade of Cuba. President Obama agrees that this should happen and again yesterday called on Congress to adopt legislation doing just that. Senators Amy Klobuchar, Jerry Moran and Angus King have introduced bills to that end, and in the House Charles Rangel, Bobby Rush and Jose Serano have authored similar bills. Now the relevant congressional committees need to hold hearings and report the bills to the floors of the respective chambers for voting them up or down.[2]

Related to ending the embargo or blockage is Cuba’s repeated allegation that it is illegal under international law and has damaged Cuba, allegedly $1.1 trillion as of last October. It is exceedingly unlikely that the U.S. will agree with these assertions and pay Cuba that sum of money. Therefore, this blogger has suggested that this Cuban claim, along with others by Cuba and the U.S., be submitted for resolution to the Permanent Court of Arbitration at the Hague in the Netherlands.[3]

The other significant issue for Cuba is ending the alleged U.S. illegal occupation of Guantanamo Bay and returning that territory to Cuba. Again it is exceedingly unlikely that the U.S. will agree with that allegation and demand. Remember that the Cuban government in 1906 leased that territory to the U.S. for use as a “coaling station” or “naval station” and that there are many problems with Cuba’s assertion that it has the right to terminate the lease. Therefore, this blogger has suggested that this Cuban claim and others relating to Guantanamo, including unpaid rent for the last 50-plus years, also be submitted for resolution to the Permanent Court of Arbitration.[4]

Cuba’s complaint about U.S. radio and television transmissions to Cuba (Radio and TV Marti), in this blogger’s opinion, is secondary. Again I see no U.S. acceptance of this complaint, and thus it too should be submitted to the Permanent Court of Arbitration.[5]

The other secondary Cuban complaint concerns the U.S. “programs aimed at promoting subversion and internal destabilization.” This refers to the covert, secret or “discreet” programs of the U.S. Agency for International Development (USAID), such as its social media program, the HIV workshop program and the hip-hop artist campaign. These programs, in this blogger’s opinion, are a stupid waste of U.S. taxpayers’ funds and should be terminated by the U.S. Any U.S. programs to promote democracy in Cuba should be joint ventures with the Cuban government.[6]

Now the more difficult work comes for the two countries’ diplomats to meet, discuss and negotiate to attempt to resolve or at least narrow these and many other issues. We wish them courage, persistence and humility in their work.

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[1] Statement by the Revolutionary Government, Granma (July 1, 2015); Letter from Cuban President Raúl Castro to Barack Obama (July 1, 2015); Interim Minister of Foreign Relations receives letter from U.S. President to Army General Raúl Castro Ruz, Granma (July 1, 2015); Cuba and the U.S. confirm reestablishment of diplomatic relations, Granma (July 1, 2015); Burnett, Cubans Greet Latest Step in U.S. Thaw With Hope Tempered by Reality,N.Y. Times (July 1, 2015).

[2] Prior posts have discussed bills to end the embargo in the U.S. House of Representatives and similar bills by Senators Klobuchar and Moran and King.

[3] A prior post concerned the October 2014 U.N. General Assembly’s overwhelming approval of a resolution condemning the embargo and Cuba’s allegation of $1.1 trillion of damages. Arbitration of Cuba’s alleged damages claim was suggested in another post.

[4] A post examined the 1906 lease of Guantanamo Bay; another, whether Cuba had a right to terminate the lease and another. arbitration of unresolved issues about the lease.

[5] One post looked at the status of Radio and TV Marti.

[6] Prior posts have covered USAID’s social media program; the U.S. Senate’s comments on that program; USAID’s HIV workshop program and reactions thereto by the U.S. government and by others; the New York Times’ criticism of the programs; criticism of the programs by the Latin American Working Group; and this bloggers’ open letter to President Obama complaining about the programs.

U.S. Announces Agreement To Restore Diplomatic Relations with Cuba

On July 1, 2015, the U.S. and Cuba announced an agreement to restore diplomatic relations. This post will discuss the U.S. announcement and reactions.[1] A subsequent post will do the same for the Cuban announcement and reactions.

U.S. Announcement

President Obama & Vice President Biden
President Obama & Vice President Biden

In the White House’s Rose Garden, President Obama announced the plans to reopen the embassies. Here is what he said:

  • “More than 54 years ago, at the height of the Cold War, the United States closed its embassy in Havana.  Today, I can announce that the United States has agreed to formally re-establish diplomatic relations with the Republic of Cuba, and re-open embassies in our respective countries.  This is a historic step forward in our efforts to normalize relations with the Cuban government and people, and begin a new chapter with our neighbors in the Americas.”
  • “When the United States shuttered our embassy in 1961, I don’t think anyone expected that it would be more than half a century before it re-opened.  After all, our nations are separated by only 90 miles, and there are deep bonds of family and friendship between our people.  But there have been very real, profound differences between our governments, and sometimes we allow ourselves to be trapped by a certain way of doing things.”
  • “For the United States, that meant clinging to a policy that was not working.  Instead of supporting democracy and opportunity for the Cuban people, our efforts to isolate Cuba despite good intentions increasingly had the opposite effect -– cementing the status quo and isolating the United States from our neighbors in this hemisphere.  The progress that we mark today is yet another demonstration that we don’t have to be imprisoned by the past. When something isn’t working, we can -– and will –- change.”
  • “Last December, I announced that the United States and Cuba had decided to take steps to normalize our relationship.  As part of that effort, President Raul Castro and I directed our teams to negotiate the re-establishment of embassies.  Since then, our State Department has worked hard with their Cuban counterparts to achieve that goal.  And later this summer, Secretary Kerry will travel to Havana formally to proudly raise the American flag over our embassy once more.”
  • “This is not merely symbolic.  With this change, we will be able to substantially increase our contacts with the Cuban people.  We’ll have more personnel at our embassy.  And our diplomats will have the ability to engage more broadly across the island.  That will include the Cuban government, civil society, and ordinary Cubans who are reaching for a better life.”
  • “On issues of common interest –- like counterterrorism, disaster response, and development -– we will find new ways to cooperate with Cuba.  And I’ve been clear that we will also continue to have some very serious differences.  That will include America’s enduring support for universal values, like freedom of speech and assembly, and the ability to access information.  And we will not hesitate to speak out when we see actions that contradict those values.”
  • “However, I strongly believe that the best way for America to support our values is through engagement.  That’s why we’ve already taken steps to allow for greater travel, people-to-people and commercial ties between the United States and Cuba.  And we will continue to do so going forward.”
  • “Since December, we’ve already seen enormous enthusiasm for this new approach. Leaders across the Americas have expressed support for our change in policy; you heard that expressed by President Dilma Rousseff of Brazil yesterday.  Public opinion surveys in both our countries show broad support for this engagement. . . .
  • “Here in the United States, we’ve seen that same enthusiasm.  There are Americans who want to travel to Cuba and American businesses [that] want to invest in Cuba.  American colleges and universities . . . want to partner with Cuba.  Above all, Americans who want to get to know their neighbors to the south. And through that engagement, we can also help the Cuban people improve their own lives.”
  • “Americans and Cubans alike are ready to move forward.  I believe it’s time for Congress to do the same.  I’ve called on Congress to take steps to lift the embargo that prevents Americans from travelling or doing business in Cuba.  We’ve already seen members from both parties begin that work.  After all, why should Washington stand in the way of our own people?”
  • “Yes, there are those who want to turn back the clock and double down on a policy of isolation.  But it’s long past time for us to realize that this approach doesn’t work.  It hasn’t worked for 50 years.  It shuts America out of Cuba’s future, and it only makes life worse for the Cuban people.”
  • So I’d ask Congress to listen to the Cuban people.  Listen to the American people.  Listen to the words of a proud Cuban-American, Carlos Gutierrez, who recently came out against the policy of the past, saying, ‘I wonder if the Cubans who have to stand in line for the most basic necessities for hours in the hot Havana sun feel that this approach is helpful to them.’”
  • “Of course, nobody expects Cuba to be transformed overnight. But I believe that American engagement — through our embassy, our businesses, and most of all, through our people — is the best way to advance our interests and support for democracy and human rights.  Time and again, America has demonstrated that part of our leadership in the world is our capacity to change.  It’s what inspires the world to reach for something better.”
  • “A year ago, it might have seemed impossible that the United States would once again be raising our flag, the stars and stripes, over an embassy in Havana.  This is what change looks like.”
  • “In January of 1961, the year I was born, when President Eisenhower announced the termination of our relations with Cuba, he said:  It is my hope and my conviction that it is ‘in the not-too-distant future it will be possible for the historic friendship between us once again to find its reflection in normal relations of every sort.’  Well, it took a while, but I believe that time has come.  And a better future lies ahead.”
Secretary John Kerry
Secretary John Kerry

The same day Secretary of State John Kerry from Vienna, Austria also discussed the plans, including his intent to travel to Havana for the opening of the embassy later this month. His statement included the following:

  • “Later this summer, as the President announced, I will travel to Cuba to personally take part in the formal reopening of our United States Embassy in Havana. This will mark the resumption of embassy operations after a period of 54 years. It will also be the first visit by a Secretary of State to Cuba since 1945. The reopening of our embassy . . . is an important step on the road to restoring fully normal relations between the United States and Cuba. Coming a quarter of a century after the end of the Cold War, it recognizes the reality of the changed circumstances, and it will serve to meet a number of practical needs.”
  • “The United States and Cuba continue to have sharp differences over democracy, human rights, and related issues, but we also have identified areas for cooperation that include law enforcement, safe transportation, emergency response, environmental protection, telecommunications, and migration. The resumption of full embassy activities will help us engage the Cuban Government more often and at a higher level, and it will also allow our diplomats to interact more frequently, and frankly more broadly and effectively, with the Cuban people. In addition, we will better be able to assist Americans who travel to the island nation in order to visit family members or for other purposes.”

In addition, the State Department conducted a special briefing by a senior official on this historic development. This individual said, “We’re confident that our embassy in Havana will be able to operate similar to other embassies operating in restrictive environments. We will be able to meet and exchange opinions with a variety of voices and views both within the government and outside. We’ll be able to engage a broad range of Cuban civil society and citizens.” The conditions for “access to diplomatic facilities, travel of diplomats, and the level of staffing . . . are acceptable for carrying out the core diplomatic functions necessary for implementing the President’s new policy direction on Cuba.” There were not any agreed “constrains or restrictions” on the exact types of programs or facilities that each of our embassies conducts.

According to the State Department spokesperson, there will be future discussions or negotiations with Cuba over human rights, telecommunications, health issues, fugitives, law enforcement, U.S. claims for property expropriation, Cuban claims for damages under the embargo and U.S. broadcasts to the island. Until there is a nomination and confirmation of an ambassador, Jeffrey DeLaurentis will be the charge d’affaires and will lead the embassy.

Jeffrey DeLaurentis & Marcelinio Medina
Jeffrey DeLaurentis & Marcelinio Medina

Also earlier the same day Cuba’s Foreign Ministry confirmed that the head of the US Interests Section in Cuba, Jeffrey DeLaurentis, had delivered to the Acting Foreign Minister, Marcelino Medina, a letter from President Obama to Army General Raul Castro confirming “the restoration of diplomatic relations and the opening of embassies in the respective countries” on or after July 20. Here is the text of that letter:

  • “I am pleased to confirm, after high-level talks between our two governments, and in accordance with international law and practice, that the United States of America and the Republic of Cuba decided to restore diplomatic relations and permanent diplomatic missions in our respective countries 20 July 2015. This is an important step forward in the normalization process, which started last December, with regard to relations between our two countries and peoples.”
  • “In making this decision, the United States are encouraged by the mutual intention to enter into friendly and cooperative relations between our two peoples and governments, consistent with the purposes and principles enshrined in the Charter of the United Nations, in particular those relating to equality sovereign states, the settlement of international disputes by peaceful means, respect for the territorial integrity and political independence of States, respect for the equal rights and self-determination of peoples, non-interference in internal affairs States as well as promoting and encouraging respect for human rights and fundamental freedoms for all.”
  • “The United States and Cuba are parties to the Vienna Convention on Diplomatic Relations, signed in Vienna on April 18, 1961, and the Vienna Convention on Consular Relations, signed in Vienna on April 24, 1963. I am pleased to confirm the understanding the United States that the above conventions apply to diplomatic and consular relations between our two countries.”

Although the U.S. can easily change the plaque on its building in Havana to one proclaiming that it is the Embassy of the United States of America, the State Department has said it needs $6.6 million to retrofit the building to make it suitable as an embassy. This may require a supplemental appropriation by Congress.

The U.S. will need an Ambassador to Cuba, and such an appointment needs to be confirmed by the U.S. Senate. In the meantime, as just noted, the U.S. has a capable career diplomat running the interests section, Jeffrey DeLaurentis, who will be in charge.

Reactions to the Announcement

The announcement of re-establishment of diplomatic relations drew widespread praise. Senator Jeff Flake (Rep., AZ) stated, “It’s long past time for U.S. policy toward Cuba to be associated with something other than five decades of failure. It is difficult to overstate the importance of resuming diplomatic relations ‎with Cuba, in furthering our own national interests, benefiting our relations in the region, and encouraging a positive future for the Cuban people. I am confident that this move will lead to increased travel and contact between U.S. citizens and everyday Cubans, to the benefit of both.” Senator Amy Klobuchar (Dem., MN), a co-sponsor of a bill to expand U.S. travel to Cuba and the author of a bill to lift the trade embargo, said, “This is the first step that must happen in order to lift the embargo.” Democratic Senators Patrick Leahy (VT) and Benjamin Cardin (MD) issued similar positive statements.

Engage Cuba, a bipartisan public policy organization dedicated to coalescing and mobilizing American businesses, non-profit groups and concerned citizens for the purpose of supporting the ongoing U.S.‐Cuba normalization process and enacting legislation to reform U.S. travel and trade restrictions with Cuba, issued a statement of support. It said, “We applaud this important step in bringing the U.S. and Cuba closer together, and urge Congress to hasten the day when American travelers and companies have the freedom to engage with one of our nearest neighbors. Opening embassies in Washington and Havana is an important step toward the day when Americans can make their own decisions on where they travel, and our businesses can compete with the rest of the world. We are making history by making it clear that America’s engagement isn’t a concession, it is a show of strength and the best way to promote our values and create opportunities for both Americans and the Cuban people.”

Moreover, said Engage Cuba, “A vast majority of the American people – and 97% of the Cuban people – support re-establishing diplomatic relations. Today is a great day for the American and Cuban people who seek a brighter future for their two countries. After 54 years of a failed Cold war policy, better days finally lie ahead.”

A similar supportive statement came from the Center for Democracy in the Americas (CDA), which is “devoted to changing U.S. policy toward the countries of the Americas by basing our relations on mutual respect, fostering dialogue with those governments and movements with which U.S. policy is at odds, and recognizing positive trends in democracy and governance” and which is a member of Engage Cuba. CDA stated, “”This is a moment we have been working toward for many years. The restoration of diplomatic relations between our countries is a major achievement that will help to heal decades of mistrust and will open opportunities for the U.S. and Cuba to collaborate on issues of mutual interest like immigration, environmental conservation, and regional trade. We applaud the tireless work of Cuban and U.S. diplomats, policymakers, academics, and activists who have helped make this possible. We are ready to work with all our allies to defend these positive steps initiated by President Obama and to move forward with removing the embargo once and for all.”

The day before this announcement, President Obama held a joint press conference at the White House with the visiting President of Brazil, Dilma Rousseff.[2] In his opening remarks, Obama said, “As President, I’ve pursued a new era of engagement with Latin America where our countries work together as equal partners, based on mutual interest and mutual respect.  As we saw at the recent Summit of the Americas, the United States is more deeply engaged in the region than we’ve been in decades, and I believe the relationship between the United States and Latin America is as good as it’s ever been.  We’re focused on the future — what we can accomplish together.”

After he had reviewed the many ways that Brazil and the U.S. cooperate, Obama commented, “And finally, we’re working together to uphold democracy and human rights across Latin America.  I very much appreciate President Rousseff and Brazil’s strong support for our new opening toward Cuba.  I updated Dilma on our progress, including our work to open embassies in Havana and Washington.  And I believe that Brazil’s leadership in the region, as well as its own journey to democracy and a market economy can make it an important partner as we work to create more opportunities and prosperity for the Cuban people.”

In her response President Rousseff remarked about “the importance for Latin America of the recent decision made by President Obama and by President Raul Castro, even with the partnership with Pope Francis to the effect of opening up relations with — or resuming relations with Cuba, a very decisive milestone and point in time in U.S. relations with Latin America.  It is really about putting an end to the lingering vestiges of the Cold War.  And it ultimately elevates the level of the relations between the U.S. and the entire region. May I acknowledge the importance of that gesture to all of Latin America and also to world peace at large.  It is an important example of relations to be followed.”

These thoughts were echoed in the subsequent Joint Communique by the two presidents: “President Rousseff praised President Obama’s policy changes towards Cuba, and the Leaders agreed that the latest Summit of the Americas (held in Panama, on April 10 and 11, 2015) demonstrated the region’s capacity to overcome the differences of the past through dialogue, thereby paving the way for the region as a whole to find solutions to the common challenges facing the countries of the Americas.”

As anticipated, however, Senator Marco Rubio (Rep., FL), a Cuban-American, immediately issued a press release condemning the agreement.[3] It said:

  • “Throughout this entire negotiation, as the Castro regime has stepped up its repression of the Cuban people, the Obama Administration has continued to look the other way and offer concession after concession. The administration’s reported plan to restore diplomatic relations is one such prized concession to the Castro regime. It remains unclear what, if anything, has been achieved since the President’s December 17th announcement in terms of securing the return of U.S. fugitives being harbored in Cuba, settling outstanding legal claims to U.S. citizens for properties confiscated by the regime, and in obtaining the unequivocal right of our diplomats to travel freely throughout Cuba and meet with any dissidents, and most importantly, securing greater political freedoms for the Cuban people. I intend to oppose the confirmation of an Ambassador to Cuba until these issues are addressed. It is time for our unilateral concessions to this odious regime to end.”

Conclusion

I am glad that my recent concern about the delay in announcing resumption of diplomatic relations has been alleviated. This is an important development in the            reconciliation of our country with Cuba. Now all advocates for reconciliation need to notify their senators and representatives to oppose any of the measures put forward by Senator Rubio and others to try to block this important move.

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[1] This portion of the post is based upon the following: White House, Statement by the President on the Re-Establishment of Diplomatic Relations with Cuba (July 1, 2015); Letter from Barack Obama [to] Raúl Castro, Granma (July 1, 2015); Letters between Obama and Castro to restore diplomatic relations, el Pais (July 1, 2015); Kerry, Statement on Cuba (July 1, 2015); State Dep’t, Special Briefing on Re-Establishment of Diplomatic Relations with Cuba (July 1, 2015); Baker & Davis, U.S. and Cuba Reach an Agreement to Reopen Embassies, Officials Say, N.Y. Times (June 30, 2015); Schwartz, Córdoba & Lee, U.S., Cuba Reach Agreement to Establish Full Diplomatic Relations, W.S.J. (June 30, 2015); Center for Democracy in Americas, Press Release: CDA Applauds Announcement That U.S. And Cuba Will Reopen Embassies (June 30, 2015); Minister for Foreign Affairs will receive †he Head of †he Section of Interests of the United States, Granma (July 1, 2015); Ayuso, Cuba and the United States announced the reopening of embassies on Wednesday, El Pais (July 1, 2015); Flake, Re-Establishment of Diplomatic Relations with Cuba (June 30, 2015); Engage Cuba, Press Release: Statement from Engage Cuba on Announcement that U.S., and Cuban Embassies Will Re-open (July 1, 2015); Rubio, Rubio Comments On Obama Re-Establishing Diplomatic Relations With Cuba (July 1, 2015)

[2] This portion of the post is based upon the following: White House, Remarks by President Obama and President Rousseff of Brazil in Joint Press Conference (June 30, 2015); White House, Joint Communique by President Barack Obama and President Dilma Rousseff (June 30, 2015); Harris, Leader of Brazil Visits Amid Home Turbulence, N.Y. Times (June 30, 2015).

[3] Senator Rubio in a letter to Secretary Kerry in June “vowed to oppose the confirmation of any ambassador until issues like human rights, fugitive terrorists and billions of dollars of outstanding claims were resolved.” The Senator said it is “important that pro-democracy activities not be sacrificed in the name of ‘diplomacy’ just so that we can change the name of a building from ‘Interest Section’ to ‘Embassy,’ ” Similar negative press releases came from other Cuban-Americas in the Congress: Senator Robert Menendez (Dem., NJ) and Republican Representatives from Florida, Ileana Ros-Lehtinen and Mario Diaz-Balart.

 

 

 

 

 

Two Major U.S. Groups Urge Congress To Promote U.S. Trade and Travel with Cuba

This month two major U.S. groups have reiterated pleas to Congress to promote U.S. trade and travel with Cuba. They are the United States Agricultural Coalition for Cuba and Engage Cuba. Here is a report on those efforts.

U.S. Agricultural Coalition for Cuba

On June 8, 2015, the Agricultural Coalition, an association of more than 90 U.S. agricultural companies and state and national organizations committed to normalizing exports of food and agricultural products to Cuba, sent a letter to the U.S. Senate Foreign Relations.[1]

The letter reiterated the Coalition’s opposition “to any effort to restrict trade and travel with the nation of Cuba—including possible amendments to appropriations bills or the State Department reauthorization bill.” Any such restriction “would be detrimental to the U.S. agricultural industry and the future of U.S.-Cuba relations.”[2]

Indeed, the letter continued, Coalition members “share a commitment to liberalizing trade between the United States and Cuba.  We support Congressional action to expand opportunities for U.S. agriculture by normalizing commercial relations with Cuba and, ultimately, ending the Cuban embargo.”

Because of existing restrictions in U.S. law about trade with Cuba, the letter further stated, the U.S. agriculture “industry is losing out on valuable opportunities to market U.S. food and agriculture products in Cuba. U.S. farmers, ranchers, and food businesses should not be losing out to other countries like Brazil, Canada, Argentina, Vietnam, and countries in the European Union.  Cuba is a logical export market for the U.S. industry.”

Engage Cuba

On June 16, 2105, Engage Cuba formally commenced its operations in Washington, D.C. as a coalition of major corporations, business associations and non-profit groups. Its members include the National Foreign Trade Council, the National Association of Manufacturers, the Consumer Electronics Association, the Council of the Americas, the American Society of Travel Agents, Third Way, #CubaNow, the Cuba Study Group and the Center for Democracy in the Americas. It also works directly with many leading businesses, including Procter & Gamble, Cargill, Caterpillar, Choice Hotels and The Havana Group,[3]

This coalition on June 16 started an ad campaign called “Guess What?” that is being broadcast on Fox News, MSNBC and CNBC. It calls for ending travel and trade bans on Cuba.[4]

The Engage Cuba press releases stated the various provisions that seek to halt reconciliation with Cuba that House Republicans had inserted into pending appropriations bills. He said they were “like the last gasps of a defeated army that’s in retreat. They are just trying to delay the inevitable. The Senate will not support those versions of the bill[s] and the White House already has said they would [veto them]. So they [have a] zero chance of becoming law.”

This theme about pending legislation was expanded in a June 16 article by Williams and two other Engage Cuba leaders (Steven Law and Luke Albee).[5] They said, “While there are plenty of big fights still to be had, bipartisan progress is clearly emerging on an unlikely issue: Cuba policy.” As “examples of seeking compromise and working across party lines,” they cited the bill to end the ban on U.S. travel (S.299) offered by Republican Senator Jeff Flake (AZ) and Democratic Senator Patrick Leahy (VT) and the recent bill to end the embargo (S.1543) offered by Republican Senator Jerry Moran (KS) and Independent Senator Angus King (ME).

Engage Cuba, they said, “reflects that same bipartisan spirit. The founder of the group (James Williams) is a public policy adviser to philanthropists with strong ties to the Obama Administration. Its top two advisers come from opposite sides of the political barricades: Steven Law runs American Crossroads and Luke Albee is a well-known Democrat who served more than two decades in Congress as Chief of Staff to Sens. Leahy and Warner (Dem.,VA).”

This article concluded with an urgent call for that bipartisan spirit and effort to combat “provisions . . . [to House of Representatives’] funding bills to try to roll Cuba policy back to a Cold War posture, even as embassies are in the process of being announced. The bills immediately drew veto threats, and it’s clear they have little chance of getting through the Senate with those measures. However, progress isn’t going to be made by fighting rear-guard actions; we need to move our policy toward Cuba in a new, positive direction.”

On January 15, Senator Jeff Flake (Rep., AZ) hosted a party at a Washington, D.C. bar to celebrate the launching of Engage Cuba. People from that coalition were joined by other senators; Roberta S. Jacobson, the Assistant Secretary of State for Western Hemisphere Affairs and the U.S.’ chief negotiator in the Cuba talks; and José Ramón Cabañas Rodriguez, Cuba’s ambassador-in-waiting as chief of mission at the Cuban Interests Section in Washington.

Flake, Rodriguez, collin and Roberts
Rodriguez, Flake, Collins and Roberts

Senator Flake had just returned from another trip to Cuba, this time with Senators Susan Collins (Rep., ME) and Pat Roberts (Rep., KS). Here is a photo ot the three of them with Cuba’s Foreign Minister, Bruno Rodriguez Parrilla. Afterwards, on June 15 Flake said, “To see where we are today is really heartening. The feeling I had the last couple of visits to Cuba is that the reforms . . . that have been made are irreversible. It’s full steam ahead.”[6]

Conclusion

All supporters of U.S.-Cuba reconciliation should thank both of these organizations for their efforts to do the same while also urging their Senators and Representatives to oppose the House Republican rear-guard efforts.

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[1] This Agricultural Coalition letter was the subject of an article in Cuba’s state-owned newspaper, Granma: U.S. agricultural coalition opposes trade and travel restrictions against Cuba. Granma (June 15, 2015) Prior posts discussed the Coalition’s January 2015 launching and its March 2015 trip to Cuba.

[2]  Pending policy bills against reconciliation and the anti-reconciliation inserts in appropriations bills have been discussed in posts on May 26 and 28 and June 2, 10, 12 and 16.

[3] Torres, Major U.S. companies support new group that will lobby to lift sanctions against Cuba, Miami Herald (June 16, 2015). A prior post discussed the organization of Engage Cuba. Engage Cuba already helped helping negotiate an agreement between the Florida-based Stonegate Bank and the Cuban Interests Section in Washington to resume bank transactions for the Cuban diplomatic mission, an essential requirement for the reestablishment of diplomatic relations and the conversion of the Section to the Cuban Embassy. The group’s website has a useful page of Facts about public opinion on reconciliation in the U.S. and in Cuba, the potential Cuban market for U.S. products and services, statements of prominent individuals supporting reconciliation and lists of reconciliation-supportive businesses, agricultural organizations, faith-based and religious organizations, human rights, development and policy organizations, and labor, environmental and travel organizations. Another useful feature of the website is a form for individuals to send an email to their members of Congress.

[4] The TV ad itself is available online, and the ad is a subject of a press release from the group.

[5] Williams, Law & Albee, On Cuba, a bipartisan path emerges, The Hill (June 16, 2015).

[6] Calmes, New Group Enjoys Thaw in U.S.-Cuba Relations with a Party, N.Y. Times (June 17, 2015)

More Details on Remaining Issues for Re-establishment of U.S.-Cuba Diplomatic Relations 

Two of the remaining issues for re-establishment of U.S.-Cuba diplomatic relations, as briefly mentioned in a prior post, are (1) the U.S. offering of journalism courses to Cubans at the U.S. Interests Section in Havana and (2) U.S. democracy-promotion programs in Cuba. Here are additional details about these issues.

 U.S. Journalism Courses

According to an Associated Press article,[1] the free courses cover the ABCs of journalism: how to craft a news story, write a headline and check sources. Taught via video link by professors from the International Media Center at Florida International University, there is no obvious attempt to politicize the material. John Caulfield, a retired diplomat who was in charge of the Interests Section in 2011-14, said the journalism program stays clear of politics. “It’s a very open, transparent program. What we were doing was not ideologically driven except for the fact I guess that part of our ideology is that people should have a right to free expression.”

Cuban attendees confirm the lack of an U.S. agenda for criticizing the Cuban government. One said, “”If the conversation even got close to political, the professor would say, ‘Stop, stop, stop,'”

Cuba has complained in the past about the courses. In 2013, the Cuban Foreign Ministry delivered a diplomatic note of protest, which was followed by a critical story in the official newspaper Granma. There also have been reports of Cuban attendees being roughed up, detained and having equipment stolen by security agents.

More recently President Raúl Castro mentioned the journalism courses as an obstacle to re-establishment of diplomatic relations. He said, ““What most concerns me is that they [people at the U.S. Interests Section] continue doing illegal things. For example, graduating independent journalists.”

The U.S. Department of State, however, has said, “The United States continuously works to promote free expression around the world through bilateral engagement, public diplomacy programming, and multilateral diplomacy,” the State Department said. “This includes support to independent journalists around the world, particularly in closed countries where freedom of the press is lacking or independent journalists are under threat.”

State Department and USAID Democracy Programs

The State Department website states that in the Western Hemisphere the Bureau of Democracy, Human rights and Labor “currently supports over 33 democracy, human rights, and labor programs. . . . Current funding for such programs in [the Western Hemisphere] exceeds $35 million. Program topics include forensic assistance, combating violence against women and children, increasing civic participation of indigenous groups, and supporting free press.”

The latest information about such programs in Cuba on the Department’s website says, the Bureau “has a robust Cuba program that focuses on democracy, human rights and the rule of law.”  Another Department web page states, “U.S. programs in Cuba include humanitarian support to political prisoners and their families, human rights and democracy promotion, and facilitating the free flow of information to, from and within the island.”

All such democracy programs of the Department would be appropriated nearly $2.265 billion for FY 2016 in Section 7032 (pp. 110-12) of the House Appropriations Committee’s pending appropriations bill for the Department. The programs, as defined in subsection (c ), are not subject to the prior approval by any foreign government, under subsection (e).[2]

Presidential Press Secretary, Josh Earnest, at the June 1st White House press briefing, was asked whether the U.S. would continue in Cuba the democracy-promotion programs of the State Department and the U.S. Agency for International Development (USAID).

After referring specific questions about those programs to those two government agencies, the Press Secretary said, “[T]he U.S. government will continue to invest in efforts to strengthen the engagement between our two countries, between our two governments, and even between the citizens of our two countries.” The new U.S. approach to Cuba, he added, will “give the Cuban people greater exposure to the kind of values and lifestyle that we so deeply value in this country; and that by promoting that kind of engagement, we can actually place additional pressure on the Cuban government to do a better job of living up to the values and the protection of basic universal human rights that we hold so dear in this country.”

Therefore, said the Press Secretary, the U.S. “is going to go and promote our values around the world . . . [as] something that we’ve been engaged in for quite some time in a variety of countries.  And we’re certainly going to continue to do that in a place like Cuba that so frequently tramples those kinds of values.”

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[1] Assoc. Press, US Journalism Courses Rile Cuba Amid Effort to Heal Rift, N.Y. Times (June 3, 2015).

[2] House App. Comm., Draft Bill Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2016, and for other purposes (June 2, 2015)

 

 

U.S. House Committee Proposes To Impose Major Impediments to U.S.-Cuba Reconciliation

The U.S. House of Representatives Appropriations Committee is in the process of considering a proposed appropriations bill for the U.S. Department of State that would impose monetary restrictions on the U.S. government’s implementation of the Obama Administration’s rapprochement with Cuba.[1]

This intent was mentioned in a June 2nd press release by the House Appropriations Committee regarding its draft FY 2016 appropriations bill for State and Foreign Operations for consideration tomorrow by its State and Foreign Operations Subcommittee.

In addition to funding the State Department and foreign assistance, said the press release, the bill includes a prohibition on using funds for an U.S. embassy or other diplomatic facility in Cuba beyond what was in existence prior to the December 17, 2014, announcement of rapprochement by President Obama. The bill also would restrict funds to facilitate the opening of a Cuban embassy in the U.S., increase democracy assistance and international broadcasting to Cuba and provide direction to the Secretary of State on denying visas to members of the Cuban military and Communist party.

The bill would maintain a requirement that the State Department must notify Congress if it commits to providing assistance to foreign governments that accept Guantanamo Bay detainees and add a requirement for regular reporting to Congress of any negotiations for future detainee transfers.

Representative Kevin McCarthy, the Republican House Majority Leader, said at a news conference, “I think we have been very clear with our challenges with what’s gone on in Cuba, from human rights, from what’s happened there, and we have a difference of opinion with the administration and we have a right to express it.”

Now we wait to see whether this Subcommittee and then the full Committee and the House as a whole pass the bill with these restrictions. The fact that the Republican Majority Leader in the House supports these restrictions does not bode well for defeating these restrictions in the House. Then it will be up to the Senate to delete these restrictions and prevail in conference with the House on such a difference.

U.S. citizens who support normalization and reconciliation with Cuba should press their Senators and Representatives to oppose these provisions of the appropriations bill.

Of course, President Obama could veto any bill with such restrictions after passage by both chambers of Congress. But then the State Department would be left without any appropriated funds to carry out its many functions.

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[1] This post is based upon the following: House App. Comm., Draft Bill Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2016, and for other purposes (June 2, 2015); House App. Comm, Press Release: Appropriations Committee Releases Fiscal Year 2016 State and Foreign Operations bill, (June 2, 2015); Reuters, U.S. House Panel Seeks to Ban Funding for U.S. Embassy in Cuba, N.Y. Times (June 2, 2015),

 

Assessment of the Status of U.S.-Cuba Reconciliation

Three recent articles in Cuba’s state-controlled media offer the Cuban government’s assessment of the current status of U.S. reconciliation. The lead article was Cuban journalists’ interview of Josefina Vidal, Cuba’s lead diplomat for the negotiations with the U.S. This post will summarize these three articles [1] and then offer an evaluation of Cuba’s assessment.

Current Status of Negotiations

Several days after the failure of the countries to reach an agreement about re-establishing diplomatic relations, Vidal remained optimistic. In the five months since the December 17th announcement of rapprochement and the mutual release of certain prisoners, she thought there had been progress in the process of normalization of relations. The removal of Cuba from the U.S. list of state sponsors of terrorism was to happen by the end of May, as it in fact did on May 29th, and Cuba’s Interests Section in Washington, D.C. has obtained a U.S. banking relation that was necessary for the effective operation of the Section and of a future Cuban embassy. [2]

In addition, for about the last two years, she added, the countries have been discussing and progressing on “technical” matters, including collaboration on infectious diseases, narcotics trafficking, immigration (including the U.S. “wet foot/dry foot” policy under its Cuban Adjustment Act) and their respective enforcement of their own domestic laws with visitors from the other country.

Moreover, said Vidal, the Cuba-U.S. interactions “are respectful, they are professional. We are treating each other as equals, on a foundation of respect and total reciprocity.”

Also supportive of reconciliation of the two countries have been visits to Cuba by U.S. federal and state government officials and U.S. business groups. [3]

 Re-establishment of Diplomatic Relations

Although the parties had not reached agreement on the details of re-establishing diplomatic relations at their negotiations in Washington, D.C. on May 21-22, Vidal suggested that progress had been made on these details, which conceivably could be resolved through direct communications without another negotiating session.

The remaining issues, she said, focused on the future “conduct of diplomats” and “the functioning of a diplomatic mission,” all under the U.N. Charter and the Vienna Convention on Diplomatic Relations, which both parties recognize as establishing or confirming the international law on the subjects. More specifically, Vidal said, “We must talk about the number of people, what kind of staff” the embassies will have or “what type of rank these officials [are] going to have” and “what privileges and immunities.” [4]

These comments by Vidal (and by Jacobson in the footnote) suggest that the provisions of the Vienna Convention provide flexibility and thus room for negotiation on the details of the functioning of the two countries’ embassies and diplomats. Indeed, that assumption is confirmed by the following relevant provisions of the Convention:

  1. Under Article 7, “the sending State may freely appoint the members of the staff of the mission. In the case of military, naval or air attachés, the receiving State may require their names to be submitted beforehand, for its approval.” However, Article 11 provides “the receiving State may require that the size of a mission be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the receiving State and to the needs of the particular mission” and also “may equally, within similar bounds and on a non-discriminatory basis, refuse to accept officials of a particular category.”
  1. With respect to diplomatic personnel’s travel and conduct, Article 26 states, “Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory.” However, Article 41 provides, “Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.” In addition, Article 41 states, “The premises of the mission must not be used in any manner incompatible with the functions of the mission as laid down in the present Convention or by other rules of general international law or by any special agreements in force between the sending and the receiving State.”

Vidal’s concern about the “conduct of diplomats” and “the functioning of a diplomatic mission” was an allusion to Cuba’s objection to certain recent covert or secret or “discreet” programs by the U.S. Agency for International Development (USAID) allegedly to promote democracy and human rights in Cuba and to public seminars for Cuban journalists at the U.S. Interests Section in Havana that will be discussed below.

 Future Issues for Discussion and Resolution

According to the Vidal interview, Cuba has presented to the U.S. the following “preliminary list” of other issues that need to be discussed and resolved for full normalization of relations: (a) the U.S. “lifting of the blockade [embargo];” (b) “the return of the territory illegally occupied by the Guantanamo Naval Base;” (c) “an end to illegal broadcasts by Radio and Televisión Marti;” (d) an “end to [U.S.] programs which were originally conceived to promote regime change” in Cuba and which for fiscal year 2016 have requests for funding of $20 million, especially in light of President Obama’s statement at the recent Summit of the Americas that the purpose of U.S. policy regarding Cuba was not regime change; [5] (e) “compensation for our country and our people for the damages caused by U.S. policy [primarily the embargo or blockade] over 50 years; ” and (f) restitution of Cuba’s frozen funds in the U.S.

The U.S., on the other hand, say the Cubans, has identified at least one issue for discussion in the second phase of negotiations: “compensation for the properties [of U.S. nationals] which were nationalized in Cuba at the beginning of the Revolution.” [6]

Moreover, Vidal said, the parties have not yet discussed how these issues would be discussed or resolved: “if a mechanism [such as commissions or groups] will be created;” or whether the issues would be discussed as a whole or separately.

According to the Gomez article in Granma, “the greatest challenge facing Cuba and the United States is establishing a relationship of civilized co-existence based on respect for their profound differences.”

 Conclusion

The Obama Administration and this blogger concur in the need for the U.S. to end the embargo (or “blockade” in Cuba’s view), which requires action by the U.S. Congress. Prior posts have discussed pending bills in the Senate and House of Representatives to do just that and urged U.S. citizens to press both chambers to pass such bills. Another post recommended submitting Cuba’s claim for money damages ($1.2 trillion as of last October) from the embargo/blockade to the Permanent Court of Arbitration where the U.S. can mount counter-evidence and arguments.

With respect to Guantanamo Bay, as discussed in a prior post, Cuba’s continually saying that the U.S. is “illegally” occupying the territory does not make it so and I do not think the U.S. would ever agree to such a legal conclusion. If Cuba continues to assert that contention, as I expect that it will, then the parties should submit the dispute for resolution by the Permanent Court of Arbitration.

The New York Times editorial board and this blogger agree with Cuba’s contention that the U.S. improperly has mounted covert, secret or “discreet” and ill conceived USAID programs to promote regime change in Cuba and that the U.S. should cease any and all such programs. Instead, it should propose joint-programs to the Cuban government for enhancement of Cuban human rights and democracy, and if and only if the Cubans agree, then the programs could proceed. (These issues were discussed in posts of 4/4/14, 4/9, 4/9, 8/12, 8/13 and 8/14).

The U.S. claims for money damages for compensation for Cuba’s expropriation of property owned by U.S. nationals and interests will obviously be discussed, as stated above, and in the likely event that the parties will not agree to the amount of such compensation, that too should be submitted to the Permanent Court of Arbitration.

In this process of working on the many issues that have accumulated over the last 50-plus years, both sides must recognize, as I think they do, the need to build mutual trust during the initial stages of diplomatic relations and, if all goes well, to the possible future relaxation of any restrictions. It does not help the process for bystanders, like Senators Marco Rubio and Bob Menendez, to loft scathing and premature criticisms of the process and to attempt to create new legislative roadblocks and impediments to that process.

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[1] This post is based upon the following: Josefina Vidal discusses recent talks in Washington, Granma (May 26, 2015); Gómez, Seven key points, Granma (May 25, 2015); Cańedo, Cuba-United States after 17D [December 17], Cubadebate (May 25, 2015).

[2] Immediately after the May 21-22 negotiations in Washington, D.C., Assistant Secretary of State Roberta S. Jacobson, the U.S.’ lead diplomat, shared Vidal’s optimism. Jacobson said, “This round of talks was highly productive. . . . We have made significant progress in the last five months and are much closer to reestablishing relations and reopening embassies. . . . [W]e have gotten much closer than we were each time we talk. . . . I remain optimistic that we will conclude, but we still have a few things that need to be ironed out and we’re going to do that as quickly as possible.” On the other hand, according to Jacobson, “I’m also a realist about 54 years that we have to overcome.”

[3] These visits have included congressional trips in January, February (Senate and House), and May, and a visit by a major business delegation in March.

[4] Assistant Secretary Jacobson in her comments after the latest round of negotiations concurred that the Vienna Convention established the parameters for the functioning of the countries’ embassies and conceded that “there [is] a range of ways in which our embassies operate around the world in different countries. We expect that in Cuba, our embassy will operate within that range and so it won’t be unique. It won’t be anything that doesn’t exist elsewhere in the world. There are various circumstances in which embassies operate in somewhat restrictive environments. . . .[W]e have confidence that . . . our embassy will be able to function so that our officers can do their jobs as we expect them to do worldwide, but in highly varying locations around the world. So I have every expectation that it will fall within the range of other places where we operate.”

[5] Cuba correctly points out that USAID, on the one hand, proclaims on its public website that its Cuba programs “Provide humanitarian assistance (basic foodstuff, vitamins and personal hygiene supplies) to political prisoners and their families; Promote human rights and fundamental freedoms, as well as support for independent civil society by strengthening leadership skills and providing opportunities for community organizing; and Facilitate information flow to, from and within the island” and that through four named private “partners” it has spent and will spend a total of $14.2 million for these programs for the three fiscal years ending 9/30/15 and an additional $20 million in Fiscal Year 2016.  USAID, on the other hand, has carried out these programs unilaterally, without the prior knowledge or consent, of the Cuban government. In addition, the U.S. Department of State at its Interests Section in Havana has hosted seminars for journalists and a Public Information Center with a lending library and Internet-enabled computers available to Cubans and others. Assistant Secretary Jacobson said at the May 22nd press conference, “[W]e have continued to request funds from Congress for various activities in support of the Cuban people [and] that those programs have changed over time since they began in 1996” and they might be changed in the future.

[6] A prior post discussed the issue of Cuba’s compensating U.S. owners of property expropriated in the Cuban Revolution. Moreover, the U.S. already has identified at least the following additional issues for further discussion and negotiation: extradition of persons for crimes in their home country (2/24/15 post) and Cuban human rights and democracy (posts of 3/27, 3/28, 3/29, 3/30 and 4/1), and such discussions already have been commenced.