Granma, the official newspaper of the Communist Party of Cuba, poses 10 questions about the recent U.S. Presidential Policy Directive—United States-Cuba Normalization.[1]
Here are those questions with my answers.
(a) Will the U.S. ever recognize that the embargo/blockade has been an illegal and unjust policy of aggression that has caused Cuba economic damages and incalculable human losses?
Answer: No. As Ambassador Samantha Power stated at the U.N. on October 26, the U.S. believes that the embargo has been legal. As mentioned in an earlier post, I have suggested that the dispute over this issue could be and should be resolved by an independent panel of international arbitrators, such as those provided by the Permanent Court of Arbitration at the Hague in the Netherlands.
(b) Is the U.S. willing to compensate the Cuban people for damages and losses [allegedly] caused by the embargo/blockade?
Answer: No. The major premise for the Cuban damages claim is the contention that the embargo/blockade is illegal. The U.S. does not accept this contention. Nor, I assume, does the U.S. accept the Cuban calculation of such alleged damages. The amount of any alleged damages undoubtedly would be challenged by the U.S. in the international arbitration proceedings previously mentioned. After all, even Cuba admitted in presenting its most recent resolution against the embargo at the U.N. General Assembly that there are many other reasons for Cuba’s poor economic record, including its own mistakes.
2. [Will the U.S. end its occupation of Guantanamo Bay?]
Answer. No. The Directive clearly states that the U.S. believes that its lease of Guantanamo Bay from Cuba is legal and that the U.S. will not voluntarily return the territory to Cuba. Cuba, on the other hand, persistently asserts that the U.S. use of the territory is illegal. As a previous post suggests, this dispute should be submitted to an international arbitration panel similar to the one previously mentioned. In such a proceeding both parties would submit evidence and legal arguments, and the arbitration panel would render a decision. At any time the parties could settle this dispute by negotiating a new lease at a much higher annual rental.
Should the U.S. terminate its so-called “Democracy Assistance” programs?
Answer. Yes, as this blog has consistently argued, these programs are counterproductive and illogical.[2] One cannot promote democracy with anti-democratic and undercover programs. But the U.S. continues to do so, and I will continue to object to them and call for their abolition.
What does the Directive mean when it says that “democracy assistance” programs will be more “transparent” and “consistent with programming in other similarly situated societies around the world?”
Answer. I do not know what is meant by “transparent,” unless it means the U.S. Government publicly solicits applicants to conduct such programs. But such programs are not “transparent” when conducted secretly or undercover as such programs have done so in Cuba.
Should the U.S. end its Radio and TV Marti?
Answer. Yes. This blog previously has called for the ending of such programs as antithetical to promoting democracy and human rights in Cuba. Now there is less need for such programs given the increasing availability of the Internet with its overwhelming information in Cuba. As the Directive states, “increased access to the internet is boosting Cubans’ connectivity to the wider world and expanding the ability of the Cuban people, especially youth, to exchange information and ideas.”
What is the point of applying [U.S.] measures only benefiting a small part of the population, [the 24% currently in the] private sector?
Answer. The U.S. clearly believes that private enterprise and the private sector will enhance Cuban prosperity and that this sector needs and deserves external assistance. And President and First Secretary Raúl Castro said essentially the same thing at last April’s Seventh Congress of the Communist Party of Cuba.
7. Why [does the U.S.] maintain the restriction on creating joint ventures [with Cubans] for the development and marketing of these products, [I.e., medicines and vaccines]?
Answer. As the Directive states, the U.S. “will promote joint work [with Cuba], such as development of vaccines, treatments, and diagnostics; partner with Cuba to prevent, detect, and respond to infectious disease outbreaks; collaborate in the field of cancer control, treatment programs, and joint research; and exchange best practices related to access to healthcare.” This blogger does not know if there are restrictions against joint ventures in this area, but he clearly favors elimination of the U.S. embargo and other restrictions on U.S.-Cuba business and trade.
Does [the U.S.] acknowledge that Cuba’s socio-economic model, based on the public control over the fundamental means of production, guarantees achievements in two spheres strategic for the nation’s future, [i.e., medical care and education]?
Answer. Yes, as the Directive states, the U.S. recognizes, “Cuba has important economic potential rooted in the dynamism of its people, as well as a sustained commitment in areas like education and health care.” In addition, President Obama in his March 2016 speech in Havana said, “Cuba has an extraordinary resource — a system of education which values every boy and every girl” and “no one should deny the service that thousands of Cuban doctors have delivered for the poor and suffering.”
Why are U.S. companies still prohibited from investing in Cuba, with the exception of the telecommunications sector, approved by Obama in 2015?
Answer. This blogger does not know, but he clearly favors elimination of the U.S. embargo and other restrictions on U.S.-Cuba business and trade.
Is President Barack Obama willing to continue using his executive prerogatives to make the policy change toward Cuba irreversible?
Answer. This blogger does not know the answer to this question, but to the extent President Obama has executive authority to enact additional liberalizations of restrictions on business and trade with Cuba in his remaining weeks in office, I hope he will do so.
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[1]Ten key questions, Granma (Oct. 27, 2016). The Presidential Policy Directive is replicated in a previous post.
On October 26, the United Nations General Assembly voted, 191 to 0 (with two abstentions), to adopt a resolution proposed by Cuba to condemn the United States embargo of Cuba. For the first time in the 25-year history of the annual vote on such resolutions, the U.S, rather than opposing the text, cast an abstention, prompting Israel to do likewise.[1]
This post will examine the resolution’s text, its presentation by Cuba, its support by other countries and the arguments for abstention offered by the U.S. and Israel. This post will then conclude with a brief discussion of reaction to the abstention in the U.S. Prior posts discussed the similar General Assembly resolutions against the embargo that were adopted in 2011, 2014 and 2015.
It reiterated “its call upon all States to refrain from promulgating and applying laws and measures [like the U.S. embargo against Cuba] . . . in conformity with their obligations under the Charter of the United Nations and international law, which, inter alia, reaffirm the freedom of trade and navigation (¶ 2). It also urged “States that have and continue to apply such laws and measures to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime (¶ 3).
The resolution’s preamble reaffirmed “the sovereign equality of States, non-intervention and non-interference in their internal affairs and freedom of international trade and navigation, which are also enshrined in many international legal instruments” and recited the previous General Assembly resolutions against the embargo. It then welcomed “the progress in the relations between the Governments of Cuba and the [U.S.] and, in that context, the visit of the President of the [U.S.], Barack Obama, to Cuba in March 2016” while also recognizing “the reiterated will of the President of the [U.S.] to work for the elimination of the economic, commercial and financial embargo against Cuba” and “the steps taken by the [U.S.] Administration towards modifying some aspects of the implementation of the embargo, which, although positive, are still limited in scope.”
Cuba’s Presentation of the Resolution
Bruno Rodriguez
Speaking last in the debate, Cuba’s Foreign Minister Bruno Rodriguez Parrilla, presented arguments for adopting the resolution. Here are extracts of that speech:
“[T]here has been progress [between Cuba and the U.S. since December 2014] in the dialogue and cooperation on issues of common interest and a dozen agreements were signed [and] reciprocal benefits reported. Now just announced the vote of the US abstention on this draft resolution.”
“The [U.S.] president and other top officials have described [the embargo/blockade] as obsolete, useless to advance American’s interests, meaningless, unworkable, being a burden for [U.S.] citizens, . . . [harming] the Cuban people and [causing]. . . isolation to the [U.S.] and [have] called [for the embargo/blockade] to be lifted.”
“We recognize that executive measures [to reduce the scope of the embargo] adopted by the government of the [U.S.] are positive steps, but [have] very limited effect and scope. However, most of the executive regulations and laws establishing the blockade remain in force and are applied rigorously to this minute by U.S. government agencies.”
“Meanwhile, the U.S. Congress has not approved any of the 20 amendments or legislative initiatives, with bipartisan support, . . . [for] eliminating some restrictions of the blockade or even all of this policy. [Moreover,] there have been more than 50 legislative initiatives that threaten to reinforce key aspects of the blockade, preventing the President [from] approving new executive or implementing measures already adopted.”
“It cannot be underestimated in any way the powerful political and ethical message that [action by this Assembly] . . . sends to the peoples of the world. The truth always [finds] its way. Ends of justice prevail. The abstention vote announced surely is a positive step in the future of improved relations between the[U.S.] and Cuba. I appreciate the words and the efforts of Ambassador Samantha Power.”
“[There] are incalculable human damages caused by the blockade. [There is no] Cuban family or industry in the country that does not suffer its effects on health, education, food, services, prices of goods, wages and pensions.” For example, the “imposition of discriminatory and onerous conditions attached to the deterrent effects of the blockade restrict food purchases and the acquisition in the U.S. market for drugs, reagents, spare parts for medical equipment and instruments and others.”
“The [embargo/] blockade also [adversely] affects the interests of American citizens themselves, who could benefit from various services in Cuba, including health [services].”
“The [embargo/] blockade remains a massive, flagrant and systematic violation of human rights of all Cubans and qualifies as an act of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide of 1948. It is an obstacle to cooperation [in] international humanitarian areas.”
“The blockade is the main obstacle to economic and social development of our people. It constitutes a flagrant violation to international law, the United Nations Charter and the Proclamation of Latin America and the Caribbean as a Zone of Peace. Its extraterritorial application adds further to its violation of international law nature of magnitude.”
“Other causes, in addition to [the blockade/embargo] . . . , determine our economic difficulties: the unjust international economic order; the global crisis; the historical distortions and structural weaknesses caused by underdevelopment; high dependence on energy and food imports; the effects of climate change and natural disasters; and also . . . our own mistakes.”
“Between April 2015 and March 2016, the direct economic damage to Cuba by the blockade amounted to $4.68 billion at current prices, calculated rigorously and prudently and conservatively. The damages accumulated over nearly six decades reach the figure of $753 billion, taking into account depreciation of gold. At current prices, [that is] equivalent to just over $125 billion.”
“On 16 April 2016 President Raul Castro Ruz said, ‘We are willing to develop a respectful dialogue and build a new relationship with the [U.S.], as that has never existed between the two countries, because we are convinced that this alone . . . [will provide] mutual benefits.’ And last September 17, he said ‘I reaffirm the will to sustain relations of civilized coexistence with the [U.S.], but Cuba will not give up one of its principles, or make concessions inherent in its sovereignty and independence.’”
“The government of the [U.S.] first proposed the annexation of Cuba and, failing that, to exercise their domination over it. The triumph of the Cuban Revolution . . . [prompted the U.S. adoption of the embargo whose purpose] was ‘to cause disappointment and discouragement through economic dissatisfaction and hardship … to deny Cuba money and supplies, in order to reduce nominal and real wages, with the aim of causing hunger, desperation and overthrow of government. ‘”
“The [new U.S.] Presidential Policy Directive [states] that the Government of the [U.S.] recognizes ‘the sovereignty and self-determination of Cuba’ and [the right of] the Cuban people to make their own decisions about their future.’” It also states “the U.S. will not seek a ‘change of regime in Cuba.’”[2]
But the Directive also says “’the [U.S.] will support the emerging civil society in Cuba and encourage partners and non-governmental actors to join us in advocating in favor of reforms. While the United States remain committed to supporting democratic activists, [we] also [will] participate with community leaders, bloggers, activists and other leaders on social issues that can contribute to the internal dialogue in Cuba on civic participation.’ The Directive goes on to say: “The [U.S.] will maintain our democracy programs and broadcasting, while we will protect our interests and values, such as Guantanamo Naval Base … The government of the United States has no intention of modifying the existing lease agreement and other related provisions.’”
The Directive also asserts that Cuba “remains indebted to the [U.S.] regarding bilateral debts before the Cuban Revolution.”
The U.S. needs to “recognize that change is a sovereign matter for Cubans alone and that Cuba is a truly independent country. It gained its independence by itself and has known and will know how to defend [its] greatest sacrifices and risks. We are proud of our history and our culture that are the most precious treasure. We never forget the past because it is the way never to return to it. And we decided our path to the future and we know that is long and difficult, but we will not deviate from it by ingenuity, by siren songs, or by mistake. No force in the world can force us to it. We will strive to build a sovereign, independent, socialist, democratic, prosperous and sustainable nation. We will not return to capitalism.”
During the debate the following 40 countries expressed their support of the resolution:
Latin America: Argentina, Bolivia, Brazil, Colombia, Costa Rica, Dominican Republic (for Commonwealth of Latin American and Caribbean States (CELAC)), Ecuador, El Salvador, Jamaica (for Caribbean Community (CARICOM)), Mexico, Nicaragua, Saint Vincent and Grenadines, Uruguay and Venezuela (for Non-Aligned Movement (NAM)).
Africa: Algeria, Angola, Libya, Mozambique, Namibia, Niger (for African States), South Africa, Sudan and Tonga.
Middle East: Egypt, Kuwait (for Organization of Islamic Conference (OIC)) and Syria.
Asia: Belarus, China, Democratic People’s Republic of Korea [North Korea], India, Indonesia, Iran, Lao People’s Democratic Republic, Malaysia, Myanmar, Russian Federation, Singapore (for Association of Southeast Asian Nations (ASEAN)), Thailand (for Group of 77 and China) and Viet Nam.
The U.S. Ambassador and Permanent Representative to the United Nations, Samantha Power, announced the U.S. abstention before the debate and voting on the resolution. Here are extracts of her speech about that vote.
“For more than 50 years, the [U.S.] had a policy aimed at isolating the government of Cuba. For roughly half of those years, U.N. Member States have voted overwhelmingly for a General Assembly resolution that condemns the U.S. embargo and calls for it to be ended. The [U.S.] has always voted against this resolution. Today the [U.S.] will abstain.”
“In December 2014, President Obama made clear his opposition to the embargo and called on our Congress to take action to lift it. Yet while the Obama Administration agrees that the U.S. embargo on Cuba should be lifted, . . . we don’t support the shift for the reason stated in this resolution. All actions of the [U.S.] with regard to Cuba have been and are fully in conformity with the U.N. Charter and international law, including applicable trade law and the customary law of the sea. We categorically reject the statements in the resolution that suggest otherwise.”
“But [today’s] resolution . . . is a perfect example of why the U.S. policy of isolation toward Cuba was not working – or worse, how it was actually undermining the very goals it set out to achieve. Instead of isolating Cuba, . . . our policy isolated the [U.S.], including right here at the [U.N.].”
“Under President Obama, we have adopted a new approach: rather than try to close off Cuba from the rest of the world, we want the world of opportunities and ideas open to the people of Cuba. After 50-plus years of pursuing the path of isolation, we have chosen to take the path of engagement. Because, as President Obama said in Havana, we recognize that the future of the island lies in the hands of the Cuban people.”[5]
“Abstaining on this resolution does not mean that the [U.S.] agrees with all of the policies and practices of the Cuban government. We do not. We are profoundly concerned by the serious human rights violations that the Cuban government continues to commit with impunity against its own people – including arbitrarily detaining those who criticize the government; threatening, intimidating, and, at times, physically assaulting citizens who take part in peaceful marches and meetings; and severely restricting the access that people on the island have to outside information.”
“We [,however,] recognize the areas in which the Cuban government has made significant progress in advancing the welfare of its people, from significantly reducing its child mortality rate, to ensuring that girls have the same access to primary and secondary school as boys.”
“But none of this should mean that we stay silent when the rights of Cuban people are violated, as Member States here at the [U.N.] have too often done. That is why the [U.S.] raised these concerns directly with the Cuban government during our [recent] historic dialogue on human rights . . ., which shows that, while our governments continue to disagree on fundamental questions of human rights, we have found a way to discuss these issues in a respectful and reciprocal manner.[6] We urge other Member States to speak up about these issues as well.”
“As President Obama made clear when he traveled to Havana, we believe that the Cuban people – like all people – are entitled to basic human rights, such as the right to speak their minds without fear, and the right to assemble, organize, and protest peacefully. Not because these reflect a U.S.-centric conception of rights, but rather because they are universal human rights – enshrined in the U.N. Charter and in the Universal Declaration of Human Rights – which all of our 193 Member States are supposed to respect and defend. Rights that are essential for the dignity of men, women, and children regardless of where they live or what kind of government they have.”
The U.S. concedes that it “has work to do in fulfilling these rights for our own citizens. And we know that at times in our history, U.S. leaders and citizens used the pretext of promoting democracy and human rights in the region to justify actions that have left a deep legacy of mistrust. We recognize that our history, in which there is so much that makes us proud, also gives us ample reason to be humble.”
“The [U.S.] believes that there is a great deal we can do together with Cuba to tackle global challenges. That includes here at the [U.N.], where the decades-long enmity between our nations has at best been a distraction – and at worst, an obstacle – to carrying out some of the most important work of this institution and helping the world’s most vulnerable people.”
Engage Cuba, a U.S. national coalition of private companies, organizations and state and local leaders working to lift the embargo, said, “Year after year, the international community has condemned our failed unilateral sanctions that have caused great economic hardship for the people of Cuba and continue to put American businesses at a competitive disadvantage. The fact that the Administration and Israel abstained from voting for the first time ever demonstrates the growing recognition that the U.S. embargo on Cuba is a failed, obsolete policy that has no place in today’s international affairs.”
Senator Marco Rubio (Rep., FL), on the other hand, blasted the abstention, saying the Obama administration had failed to honor and defend U.S. laws in an international forum. Similar negative reactions were registered by Senators Ted Cruz (Rep., FL) and Robert Menendez (Dem., NJ), Republican Representatives from Florida, Ileana Ros-Lehtinen and Mario Diaz-Balart, and the U.S.-Cuba Democracy PAC.
As an U.S. citizen-advocate for ending the embargo as soon as possible, I am pleased with the U.S. abstention and agree with Ambassador Power that this vote does not mean the U.S. agrees with the resolution’s stated reasons.
Moreover, too many in the U.S. believe the Cuban damages claim from the embargo is just a crazy Cuban dream, but I disagree. Given the amount of the claim, Cuba will not someday tell the U.S. to forget it. A prior post, therefore, suggested that the two countries agree to submit this and any other damage claims by both countries for resolution by an independent international arbitration panel such as those provided by the Permanent Court of Arbitration at the Hague in the Netherlands.
On May 26, a United Nations committee rejected, 10 to 6, an application for accreditation to attend U.N. meetings from the Committee to Protect Journalists (CPJ), an international, independent group that monitors attacks on journalists around the world and campaigns for the release of those who are jailed.[1]
The 10 negative votes came from Cuba along with Azerbaijan, Burundi, China, Nicaragua, Pakistan, Russia, South Africa, Sudan and Venezuela. The yes votes came from Greece, Guinea, Israel, Mauritania, the United States and Uruguay. The abstentions were by India, Iran and Turkey, the latter two having reputations for persecuting journalists.
At the committee meeting U.S. Ambassador Sarah Mendelson made a lengthy statement advocating accreditation for CPJ, which, she said, is “a reputable non-governmental organization that promotes press freedom worldwide and defends the right of journalists to report the news without fear of reprisal.” Such a group has shown that “a free press remains a critical foundation for prosperous, open, and secure societies, allowing citizens to access information and hold their governments accountable. Indeed, the Universal Declaration of Human Rights reiterates the fundamental principle that every person has the right ‘to seek, receive, and impart information and ideas through any media and regardless of frontiers.’”[2]
Afterwards the U.S. Ambassador to the U.N., Samantha Power, said, “It is increasingly clear that the NGO committee acts more and more like an anti-NGO committee.” She also said that the U.S. would appeal the committee’s decision to the full 54-member U.N. Economic and Social Council.
CPJ stated, “It is sad that the U.N., which has taken up the issue of press freedom through Security Council and General Assembly resolutions and through the adoption of the U.N. Action Plan, has denied accreditation to CPJ, which has deep and useful knowledge that could inform decision making. A small group of countries with poor press freedom records are using bureaucratic delaying tactics to sabotage and undermine any efforts that call their own abusive policies into high relief.”[3]
This April CPJ’s annual report ranked Cuba 10th on its list of the 10 Most Censored Countries. Key for this ranking was Cuba’s having “the most restricted climate for press freedom in the Americas. The print and broadcast media are wholly controlled by the one-party Communist state, which has been in power for more than half a century and, by law, must be ‘in accordance with the goals of the socialist society.'” In addition, CPJ stated, “The government continues to target critical journalists through harassment, surveillance, and short-term detentions.”[4]
Over the last week Cuban President Raúl Castro has made two speeches at the United Nations in New York City as has U.S. President Barack Obama. Afterwards the two of them with advisors held a private meeting at the U.N. with subsequent comments by their spokesmen. Here is a chronological account of these events.
On September 26, President Raúl Castro addressed the U.N. Summit on Sustainable Development, as shown in the photograph to the right. In his remarks he said, ”The reestablishment of diplomatic relations Between Cuba and the United States of America, the opening of embassies and the policy changes announced by President Barack Obama . . . constitute a major progress, which has elicited the broadest support of the international community.”
However, he added, “the economic, commercial and financial blockade [by the U.S.] against Cuba persists bringing damages and hardships on the Cuban people, and standing as the main obstacle to our country’s economic development, while affecting other nations due to its extraterritorial scope and hurting the interests of American citizens and companies. Such policy is rejected by 188 United Nations member states that demand its removal.”
More generally Castro condemned “the pervasive underdevelopment afflicting two-thirds of the world population” and the widening “gap between the North and the South” and “wealth polarization.”
Thus, he argued, “If we wish to make this a habitable world with peace and harmony among nations, with democracy and social justice, dignity and respect for the human rights of every person, we should adopt as soon as possible concrete commitments in terms of development assistance, and resolve the debt issue.” Such a commitment, he said, would require “a new international financial architecture, removal of the monopoly on technology and knowledge and changing the present international economic order.”
Nevertheless, according to President Castro, Cuba will continue to help other developing nations despite its limited capabilities and “shall never renounce its honor, human solidarity and social justice” that “are deeply rooted in our socialist society.”
On September 27, President Obama addressed the same U.N. Summit on Sustainable Development without touching on U.S.-Cuba relations. Instead he concentrated on the purpose of the Summit– sustainable development. (His photograph is to the left.)
He started by rejecting the notion that “our efforts to combat poverty and disease do not and cannot work, that there are some places beyond hope, that certain people and regions are condemned to an endless cycle of suffering.” Instead, he asserted, “the global hunger rate has already been slashed. Tens of millions of more boys and girls are today in school. Prevention and treatment of measles and malaria and tuberculosis have saved nearly 60 million lives. HIV/AIDS infections and deaths have plummeted. And more than one billion people have lifted themselves up from extreme poverty — one billion.”
Nevertheless, much remains to be done, according to Obama, and the nations at this Summit “commit ourselves to new Sustainable Development Goals, including our goal of ending extreme poverty in our world. We do so understanding how difficult the task may be. We suffer no illusions of the challenges ahead. But we understand this is something that we must commit ourselves to. Because in doing so, we recognize that our most basic bond — our common humanity — compels us to act.”
In this work, President Obama stated, the U.S. “will continue to be your partner. Five years ago, I pledged here that America would remain the global leader in development, and the United States government, in fact, remains the single largest donor of development assistance, including in global health. In times of crisis — from Ebola to Syria — we are the largest provider of humanitarian aid. In times of disaster and crisis, the world can count on the friendship and generosity of the American people.”
Therefore, Obama said, he was “committing the United States to achieving the Sustainable Development Goals” and to “keep fighting for the education and housing and health care and jobs that reduce inequality and create opportunity here in the United States and around the world.” This effort will include other “governments, more institutions, more businesses, more philanthropies, more NGOs, more faith communities, more citizens.” Moreover, the “next chapter of development must also unleash economic growth — not just for a few at the top, but inclusive, sustainable growth that lifts up the fortunes of the many.”
President Obama concluded by noting these obstacles to achieving these goals: bad governance; corruption; inequality; “old attitudes, especially those that deny rights and opportunity to women;” failure to “recognize the incredible dynamism and opportunity of today’s Africa;” war; and climate change
In a wide-ranging speech on international affairs, President Obama commented on U.S. relations with Cuba. He said, “I also believe that to move forward in this new era, we have to be strong enough to acknowledge when what you’re doing is not working. For 50 years, the United States pursued a Cuba policy that failed to improve the lives of the Cuban people. We changed that. We continue to have differences with the Cuban government. We will continue to stand up for human rights. But we address these issues through diplomatic relations, and increased commerce, and people-to-people ties. As these contacts yield progress, I’m confident that our Congress will inevitably lift an embargo that should not be in place anymore. Change won’t come overnight to Cuba, but I’m confident that openness, not coercion, will support the reforms and better the life the Cuban people deserve, just as I believe that Cuba will find its success if it pursues cooperation with other nations.”
Later in the speech, Obama added these words: “Think of the Americans who lowered the flag over our embassy in Havana in 1961 — the year I was born — and returned this summer to raise that flag back up. (Applause.) One of these men said of the Cuban people, “We could do things for them, and they could do things for us. We loved them.” For 50 years, we ignored that fact.
These comments were in the context of the following more general discussion of international affairs by President Obama: “We, the nations of the world, cannot return to the old ways of conflict and coercion. We cannot look backwards. We live in an integrated world — one in which we all have a stake in each other’s success. We cannot turn those forces of integration. No nation in this Assembly can insulate itself from the threat of terrorism, or the risk of financial contagion; the flow of migrants, or the danger of a warming planet. The disorder we see is not driven solely by competition between nations or any single ideology. And if we cannot work together more effectively, we will all suffer the consequences.”
“No matter how powerful our military, how strong our economy, we understand the United States cannot solve the world’s problems alone.” So too, in words that could be aimed at Cuba and others, “repression cannot forge the social cohesion for nations to succeed. The history of the last two decades proves that in today’s world, dictatorships are unstable. The strongmen of today become the spark of revolution tomorrow. You can jail your opponents, but you can’t imprison ideas. You can try to control access to information, but you cannot turn a lie into truth. It is not a conspiracy of U.S.-backed NGOs that expose corruption and raise the expectations of people around the globe; it’s technology, social media, and the irreducible desire of people everywhere to make their own choices about how they are governed.”
In a similar vein, Obama said, “The strength of nations depends on the success of their people — their knowledge, their innovation, their imagination, their creativity, their drive, their opportunity — and that, in turn, depends upon individual rights and good governance and personal security.”
Finally, according to Obama, we must “defend the democratic principles that allow societies to succeed” with a recognition that “democracy is going to take different forms in different parts of the world. The very idea of a people governing themselves depends upon government giving expression to their unique culture, their unique history, their unique experiences. But some universal truths are self-evident. No person wants to be imprisoned for peaceful worship. No woman should ever be abused with impunity, or a girl barred from going to school. The freedom to peacefully petition those in power without fear of arbitrary laws — these are not ideas of one country or one culture. They are fundamental to human progress.”
“A government that suppresses peaceful dissent is not showing strength; it is showing weakness and it is showing fear. History shows that regimes who fear their own people will eventually crumble, but strong institutions built on the consent of the governed endure long after any one individual is gone.”
“That’s why our strongest leaders — from George Washington to Nelson Mandela — have elevated the importance of building strong, democratic institutions over a thirst for perpetual power. Leaders who amend constitutions to stay in office only acknowledge that they failed to build a successful country for their people — because none of us last forever. It tells us that power is something they cling to for its own sake, rather than for the betterment of those they purport to serve.”
“Democracy — inclusive democracy — makes countries stronger. When opposition parties can seek power peacefully through the ballot, a country draws upon new ideas. When a free media can inform the public, corruption and abuse are exposed and can be rooted out. When civil society thrives, communities can solve problems that governments cannot necessarily solve alone. When immigrants are welcomed, countries are more productive and more vibrant. When girls can go to school, and get a job, and pursue unlimited opportunity, that’s when a country realizes its full potential.”
On September 28, Cuban President Raúl Castro in his address to the U.N. General Assembly essentially reiterated his comments of two days earlier about U.S.-Cuba relations with these words: ‘After 56 years, during which the Cuban people put up a heroic and selfless resistance, diplomatic relations have been reestablished between Cuba and the United States of America.”
“Now, a long and complex process begins toward normalization that will only be achieved with the end of the economic, commercial and financial blockade; the return to our country of the territory illegally occupied by the Guantanamo Naval Base; the suspension of radio and TV broadcasts, and subversion and destabilization attempts against the Island; and, when our people are compensated for the human and economic damages they continue to endure.”
“As long as the blockade remains in force, we will continue to introduce the Draft Resolution entitled ‘Necessity of Ending the Economic, Commercial and Financial Embargo imposed by the United States of America on Cuba.’ To the 188 governments and peoples who have backed our just demand, here, and in other international and regional forums, I reaffirm the eternal gratitude of the Cuban people and government for your continued support.” [5]
The rest of this Castro speech argued that the U.N. has failed in its 70 years of existence to fulfill the lofty purposes of its Charter. The speech also noted Cuba’s solidarity with its Caribbean brothers, African countries, the Bolivarian Republic of Venezuela, the Republic of Ecuador, the people of Puerto Rico, the Republic of Argentina, the Brazilian people and President Dilma Rouseff, the Syrian people and the Palestinian people. Castro also supported the nuclear agreement with the Islamic Republic of Iran.
On the other hand, Castro reaffirmed Cuba’s “rejection of the intention to expand the presence of NATO up to the Russian borders, as well as of the unilateral and unfair sanctions imposed on that nation” and Cuba’s condemnation of NATO and European countries’ efforts to destabilize countries of the Middle East and Africa that have led to the recent migrant crisis in Europe.
In conclusion, Castro said, “the international community can always count on Cuba to lift its sincere voice against injustice, inequality, underdevelopment, discrimination and manipulation; and for the establishment of a more equitable and fair international order, truly focused on human beings, their dignity and well-being.”
The two presidents with their advisors held a 30-minute private meeting at the U.N. on Tuesday, September 29. The photograph at the left shows them shaking hands.
The U.S. delegation consisted of Secretary of State, John Kerry; National Security Adviser, Susan Rice; National Security Council Senior Director for Western Hemisphere Affairs, Mark Feierstein; and the U.S. Permanent Representative to the U.N., Samantha Power.
Cuba’s delegation was composed of the Foreign Minister, Bruno Rodriguez; Consultant, Alejandro Castro Espin (the son of President Raúl Castro); Vice President of Cuba’s Defense and Security Committee, Juan Francisco Arias Fernández; Cuba’s Director General of U.S. Affairs, Ministry of Foreign Affairs, Josefina Vidal; and Cuba’s Ambassador to the U.S., José Ramón Cabañas.
On a September 29 flight from New York City to Washington, D.C., White House Press Secretary Josh Earnest, in response to a journalist’s question, said, “I know that the two leaders had an opportunity to discuss some of the regulatory changes that have been announced in the last couple of weeks on the part of the [U.S.]. The State Department is leading civil aviation coordination talks in Cuba right now. And these are all additional steps that are moving toward more normal relations between our two countries.”
“The President, as he always does, . . . reaffirmed our commitment to seeing the Cuban government do a better job of not just respecting, but actually proactively protecting, the basic human rights of the Cuban people.”
We “continue to believe that deeper engagement and deeper people-to-people ties, deeper economic engagement between the [U.S.] and Cuba will have the effect of moving the government and the nation in a positive direction.”
Thereafter the White House released the following written statement about the meeting: “President Obama met today with President Raul Castro of Cuba to discuss recent advances in relations between the United States and Cuba, as well as additional steps each government can take to deepen bilateral cooperation. The two Presidents discussed the recent successful visit of Pope Francis to both countries. President Obama highlighted U.S. regulatory changes that will allow more Americans to travel to and do business with Cuba, while helping to improve the lives of the Cuban people. The President welcomed the progress made in establishing diplomatic relations, and underscored that continued reforms in Cuba would increase the impact of U.S. regulatory changes. The President also highlighted steps the United States intends to take to improve ties between the American and Cuban peoples, and reiterated our support for human rights in Cuba.”
Soon after the presidential meeting, Cuban Foreign Minister Bruno Rodriguez held a press conference at the U.N. In his opening statement, he said that in a “respectful and constructive” atmosphere, the two presidents exchanged their views on the recent visit of Pope Francisco to Cuba and the United States, as well as issues on the bilateral agenda established between the two countries.
“The presidents agreed on the need to continue working on the set bilateral agenda, which includes areas of mutually beneficial bilateral cooperation and in third countries such as Haiti, the development of dialogue on issues of bilateral and multilateral interest and resolving outstanding issues between two states.”
President Castro affirmed Cuba’s desire to build a new relationship with the U.S. based on respect and sovereign equality, but reiterated that to have normal relations the U.S. had to lift the blockade, which is causing damage and hardship to the Cuban people and affects the interests of American citizens.
Castro also confirmed that Cuba on October 27 would introduce in the General Assembly a resolution condemning the embargo (blockade). Said the foreign Minister, the blockade is “a massive, flagrant and systematic violation of human rights of all Cubans and harms all Cuban families, even Cubans living outside Cuba.” Cuba fully expects this year’s resolution to once again have overwhelming support.
The Foreign Minister said the return of the territory illegally occupied by the Guantanamo Naval Base in Cuba is a high priority element in the process of normalization of relations between the U.S. and Cuba, as a vindication of Cuban people.
At another point he added that “we are very proud of the accomplishments of Cuba on human rights and that human rights are universal, not subject to political selectivity or manipulation of any kind. ” Cuba guarantees the full exercise of political rights and civil liberties, and economic, social and cultural rights. We have many concerns with the situation on human rights in the world, particularly in the U.S. and Western Europe, as illustrated by the current immigration refugee crisis. The pattern of racial discrimination and police brutality against African Americans in the [U.S.] is really serious.
Conclusion
Cuba reiterated its insistence on ending the U.S. embargo as an essential condition for normalization of relations, an objective shared by President Obama and this blog. [9] We now await the U.N. General Assembly’s debate and anticipated approval on October 27 of another resolution condemning the embargo and whether the U.S. will, for the first time, abstain on the vote.
Cuba continues to assert that the U.S. lease of Guantanamo Bay is illegal, but its saying so does not make it so. Previous blog posts have discussed this contention and do not find it persuasive and, therefore, suggested the two countries submit the dispute for resolution to the Permanent Court of Arbitration at The Hague in the Netherlands.[10]
The same means has been suggested in this blog for resolving the disputes about whether or not Cuba has been damaged by the embargo (blockade) and the amount of such alleged damages as well as the amount of damages to U.S. interests by Cuba’s expropriation of property in the early years of the Cuban Revolution.
[9] This blog has discussed the initial bills to end the embargo in the House and Senate as well as later bills to do the same in the Senate and House.
This was the title of David Brooks’ May 14th presentation at Minneapolis’ Westminster Presbyterian Church’s Town Hall Forum. An appreciative audience of over 3,000 filled the Sanctuary and other rooms at the church to hear the talk and demonstrated why he called Westminster his “favorite venue.”[1]
Both the talk and his recent book, “The Road to Character,”[2] emphasize “modesty and humility” and assert that “human beings are blessed with many talents but are also burdened by sinfulness, ignorance and weakness” and that “character emerges from the internal struggles against one’s own limitations.” This at least is what the Syllabus for his “Humility” course at Yale University states. Or as he said in his talk, we are “splendidly endowed, but deeply broken.”
Brooks recalled with gratitude three personal uplifting moments. One was observing his then three young children playing on a beautiful day. Another was watching women in Maryland teaching English to immigrants. The last was sitting at a luncheon next to the Dali Lama and experiencing his inner joy and laughter. These moments produced David’s overwhelming sense of gratitude to have experienced these moments of higher joy, an enlargement of his own heart and an acknowledgement that these had happened to him by the grace of God.
Because issues of morals and character in western culture have been discussed by Christian theologians, his book uses their vocabulary. We need to recover and perhaps modernize that vocabulary, said Brooks, especially to recover the meaning and importance of the concept of sin.
He also mentioned that many contemporary U.S. politicians feel compelled to promote and advertise themselves and as a result start to believe their own propaganda. Exceptions of politicians of modesty and honesty are former Vice President Walter Mondale, a Westminster member who was in the audience; Minnesota’s former U.S. Senator David Durenberger; and current U.S. Senator Amy Klobuchar.
His book provides biographical sketches of how 10 different people in different ways created disciplines that built character. He mentioned the following six of them in his talk.
Ida Stover by age 11 had lost both of her parents and then was an overworked indentured servant in another household, but at age 15 she left to be on her own, to get a job and an education. Later she married David Eisenhower, became Ida Eisenhower and raised five sons, one being Dwight D. Eisenhower. After Ike threw a temper tantrum at age 10, Ida paraphrased Proverbs 16:32 to him: “He that conquereth his own soul is greater that he who taketh a city.”[3] In other words, the central drama of your life is fighting against your own sinfulness and weaknesses. Many years later Ike said this was one of the most valuable moments of his life that helped him to recognize his temper as a weakness and to develop techniques to prevent it from interfering with his leading others.
Frances Perkins was a genteel graduate of Mount Holyoke College who found her vocation of improving worker safety by happening to be a witness to the Triangle Shirt Factory Fire in Manhattan, in which many workers lost their lives. She responded to what the world was demanding of her.
Augustine for many years resisted his mother’s efforts to become a Christian, but after he had done so, the two of them shared a beautiful moment in a garden just before she died when “all the clamors of the world slipped into silence” and were “hushed.”
Dorothy Day, a social activist, near the end of her life started to write her “life remembered,” but could not do so. Instead she “thought of our Lord [Jesus], and His visit to us all those centuries ago, and I said to myself that my great luck was to have had Him on my mind for so long in my life!” Day’s “The Long Loneliness” shows her intense self-criticism, her discovery of her vocation and her humility. It is one of Brooks’ favorite books and also of the students in his Yale course on humility.[4]
George Eliot (born Mary Anne Evans) obtained character through her love for George Lewes, and such love, according to Brooks, humbles a person, making you realize you are not in control of your own life; allows you to express tenderness and vulnerability; de-centers your self; and fuses two individuals together.
Brooks advised the high school students in the audience to make the following commitments by the time they were at least in their mid-30’s: adopting an existing faith or philosophy of life; choosing a vocation; getting married; and choosing a community in which to live. Although he did not say so, these commitments may change during your life.
With respect to the marriage commitment, Brooks quoted this beautiful excerpt from a beautiful wedding toast that was offered by his friend and noted American author, Leon Weiseltiere, to an unnamed couple:
“Brides and grooms are people who have discovered, by means of love, the local nature of happiness. Love is a revolution in scale, a revision of magnitudes; it is private and it is particular; its object is the specificity of this man and that woman, the distinctness of this spirit and that flesh. Love prefers deep to wide, and here to there; the grasp to the reach. It will not be accelerated, or made efficient: love’s pace is its pace, one of the fundamental temporalities of mortal existence, and it will not be rushed or retarded by even the most glittering pressures of service or success. Love is, or should be, indifferent to history, immune to it — a soft and sturdy haven from it: when the day is done, and the lights are out, and there is only this other heart, this other mind, this other face, to assist one in repelling one’s demons or in greeting one’s angels, it does not matter who the president is. When one consents to marry, one consents to be truly known, which is an ominous prospect; and so one bets on love to correct for the ordinariness of the impression, and to call forth the forgiveness that is invariably required by an accurate perception of oneself. Marriages are exposures. We may be heroes to our spouses, but we may not be idols.”
The unnamed couple who were thus toasted were (a) Samantha Power, the U.S. Ambassador to the United Nations, the author of the award-winning book, A Problem from Hell: America and the Age of Genocide, and a former Harvard Law School Professor and (b) Cass Sunstein, a Harvard Law School Professor, an acclaimed author and a former aide to President Obama.
[1] The audio recording of the speech is available online and later the video of same will be added. . Brooks’ prior appearances at the Forum, also to overflow audiences, are also available online: “The Historic Election of Barack Obama” (Nov. 13, 2008) and “The Social Animal: Hidden Sources of Love, Character, and Achievement” (Mar. 31, 2011).
[3] The Authorized King James Version of Proverbs 16:32 states: “He that is slow to anger is better than the mighty; and he that ruleth his spirit than he that taketh a city.”
[4] The Dorothy Day book is on the 2013 edition of the Syllabus for Brooks’ “Humility” seminar at Yale. The other books on the syllabus as well as the topics covered in the seminar make one wish to be a student again. In light of Brooks’ recent book’s not including biographical sketches of any Jewish people and his comments on that omission to a Jewish critic, it is noteworthy that the Syllabus describes one seminar session as being devoted to Moses, the “most humble man on earth;” the “Jewish formula of character building through obedience to the law;” the “way the rabbinic tradition has interpreted the struggle between internal goodness and the evil urge;” and the Book of Exodus as the reading. The Yale seminar has prompted comments by a student who was in the seminar, criticism of the Syllabus and Brooks’ defense of the seminar.
On November 17th the New York Times published another editorial in its series urging changes in U.S. policies regarding Cuba.[1] Under the title “A Cuban Brain Drain, Courtesy of the U.S.,” the editorial targets the U.S.’s Cuban Medical Professional Parole Program (CMPPP).
In order to understand the editorial, we first must look at the Cuban government’s policy and program of sending Cuban medical personnel to other countries and then at the CMPPP’s response to that Cuban program. Thereafter we will examine the Times’ rationale for its recommendation along with the arguments for the Wall Street Journal’s support of the CMPPP before we voice our conclusions.
Cuban Policy and Program of Sending Medical Personnel Abroad
According to a 2011 article in the Wall Street Journal, since 1973 Cuba has been sending medical ‘brigades’ to foreign countries, “helping it to win friends abroad, to back ‘revolutionary’ regimes in places like Ethiopia, Angola and Nicaragua, and perhaps most importantly, to earn hard currency. [The] Communist Party newspaper Granma reported in June [2010] that Cuba had 37,041 doctors and other health workers in 77 countries. Estimates of what Cuba earns from its medical teams—revenue that Cuba’s central bank counts as ‘exports of services’—vary widely, running to as much as $8 billion a year.”
Again, according to the same Wall Street Journal article, Cuban doctors often desire such overseas assignments because they provide opportunities to earn significantly more money than at home. “When serving overseas, they get their Cuban salaries [of $25 per month], plus a $50-per-month stipend—both paid to their dependents while they’re abroad. . . . In addition, they themselves receive overseas salaries—from $150 to $1,000 a month, depending on the mission.” Many on-the-side also engage in private fee-for-service medical practice, including abortions. As a result, many of the Cubans are able to save substantial portions of their overseas income, which they often use to purchase items they could not have bought in Cuba like television sets and computers. Other desirable purchases are less expensive U.S. products that they can sell at a profit when they return to Cuba.
The Wall Street Journal article adds, “Since Hugo Chávez came to power in Venezuela in 1998, Cuba has been bartering its [medical personnel] . . . for Venezuelan oil. The U.S. Energy Department estimates that in [2010] Venezuela ships Cuba 90,000 barrels of oil a day—worth more than $2 billion a year at [then] current prices. In addition, Venezuela pays Cuba for medical teams sent to countries that Mr. Chávez considered part of Venezuela’s “Bolivarian” sphere: Bolivia, Honduras, Ecuador and Paraguay.”
As a result of this quid pro quo, Cuba has over 10,000 medical personnel serving in Venezuela. According to the Los Angeles Times just this past September, the working conditions in that country for the Cubans are horrible. Many of the clinics lack air-conditioning and functioning essential medical equipment. The Cubans’ workload is often “crushing.” Common crime is rampant, and the Cubans are often caught in the middle of Venezuela’s civil unrest between followers of the late Hugo Chavez who want the Cubans to be there and more conservative forces that oppose the Cuban presence. As a result, as we will see below in the discussion of CMPPP, many Cuban medical personnel serving in Venezuela have chosen to defect to the U.S. under CMPP.
The Times editorial says, “This year, according to the state-run newspaper Granma, the government expects to make $8.2 billion from its medical workers overseas. The vast majority, just under 46,000, are posted in Latin America and the Caribbean. A few thousand are in 32 African countries.”[2]
Facts Regarding CMPPP
A U.S. Department of State website says this program was announced on August 11, 2006, “by the Department of Homeland Security in conjunction with the Department of State, [as a program] that . . . would allow Cuban medical personnel conscripted to study or work in a third country under the direction of the Cuban government to enter the United States.”[3]
Under the program “Cuban Medical Professionals” (i.e., health-care providers such as doctors, nurses, paramedics, physical therapists, lab technicians and sports trainers) are eligible if they meet the following criteria: (1) Cuban nationality or citizenship, (2) medical professional currently conscripted to study or work in a third country under the direction of the Government of Cuba, and (3) not otherwise ineligible for entry into the U.S. Spouses and/or minor children are also eligible for such parole.
According to the Times’ editorial and the Wall Street Journal, the program “was the brainchild of Cuban-born Emilio González,” a former U.S. Army colonel, the director of the U.S. Citizen & Immigration Services from 2006 to 2008 and a “staunchly anti-Castro exile.” “He has characterized Cuba’s policy of sending doctors and other health workers abroad as ‘state-sponsored human trafficking.’” The Cuban doctors, he says, work directly for health authorities in other countries and have no say in their assignments.
The Times’ editorial includes the following table showing the official numbers of CMPPP visas that have been issued:
Fiscal Year
Number
2006
11
2007
781
2008
293
2009
519
2010
548
2011
384
2012
681
2013
995
2014
1,278
TOTAL
5,490
Given the large numbers of Cuban medical personnel that are sent to Venezuela to help pay for Cuba’s importation of Venezuelan oil, it is not surprising that the largest number of defections of Cubans has been from that country. As of the end of FY 2010, according to the previously mentioned Wall Street Journal article, the total defections by country were the following: Venezuela, 824; Colombia, 291; Bolivia, 60; Dominican Republic, 30; Ecuador, 28; Guatemala, 25; Brazil, 21; Namibia, 21; Peru, 19; and Guyana, 14.
Apparently the largest number of defections from Venezuela continues in light of the previously mentioned difficult working conditions. For FY 2011-2014 there were an additional 1,181 Cuban defections from Venezuela to the U.S. under CMPPP for a grand total of 2,005.[4] In addition, many of the Cubans in that country fear being seen going to the U.S. embassy in Caracas and instead fly to neighboring Colombia and apply there for CMPPP.
Another obvious reason for such defections under CMPP is the desire of the Cubans to earn more income in the U.S. I have met a Cuban neurologist whose wife was a skilled nurse, but who worked as a waitress in a nearby resort in order to earn more income and obtain tips in hard currencies. Like almost all Cubans, they did not earn enough to afford to have their own automobile and told me about Cuban television announcements that people who had an automobile or other vehicle had a special obligation to give rides to anyone in a white coat. Later while on a mission in Central America they defected to the U.S. under CMPPP. At least as I heard their story, they were merely looking for a way to improve their lives financially.
The Times’ Reasons for Ending CMPPP
The editorial starts by noting, “Secretary of State John Kerry and the American ambassador to the United Nations, Samantha Power, have praised the work of Cuban doctors dispatched to treat Ebola patients in West Africa. The Centers for Disease Control and Prevention recently sent an official to a regional meeting the Cuban government convened in Havana to coordinate efforts to fight the disease. In Africa, Cuban doctors are working in American-built facilities.The epidemic has had the unexpected effect of injecting common sense into an unnecessarily poisonous relationship.”
Therefore, says the Times, “it is incongruous for the [U.S.] to value the contributions of Cuban doctors who are sent by their government to assist in international crises like the 2010 Haiti earthquake [and the current Ebola crisis in West Africa] while working to subvert that government by making defection so easy [under CMPPP].”
Moreover, says the Times, “Cuba has been using its medical corps as the nation’s main source of revenue and soft power for many years. The country has one of the highest numbers of doctors per capita in the world and offers medical scholarships to hundreds of disadvantaged international students each year, and some have been from the United States. According to Cuban government figures, more than 440,000 of the island’s 11 million citizens are employed in the health sector.”
The creation of CMPP was really motivated by a desire by anti-Castro Americans “to strike at the core of the island’s primary diplomatic tool, while embarrassing the Castro regime.” This is hardly a worthy motivation for the U.S.
For a poor country like Cuba, it makes sense to use one of its few economic strengths to bolster its foreign exchange earnings. Is this not an example of the concept of comparative advantage first formulated by classical economists Adam Smith and David Ricardo? The program also helps Cuba garner good will around the world for helping to improve the health of others. There is no legitimate reason for the U.S. to be opposed to such a program.
Adds the Times editorial, “American immigration policy should give priority to the world’s neediest refugees and persecuted people. It should not be used to exacerbate the brain drain of an adversarial nation at a time when improved relations between the two countries are a worthwhile, realistic goal.”
In 2006 when CMPPP was commenced, Cuban medical personnel could not obtain their government’s permission to leave the island for any reason, and this was asserted as one of the reasons for the U.S.’ creation of CMPPP. Last year, however, the Times says, “the Cuban government liberalized its travel policies, allowing most citizens, including dissidents, to leave the country freely. Doctors, who in the past faced stricter travel restrictions than ordinary Cubans, no longer do.”
Moreover, the Times asserts, “The Cuban government has long regarded the medical defection program as a symbol of American duplicity. It undermines Cuba’s ability to respond to humanitarian crises and does nothing to make the government in Havana more open or democratic. As long as this incoherent policy is in place, establishing a healthier relationship between the two nations will be harder.”
Finally, according to the Times, “Many medical professionals, like a growing number of Cubans, will continue to want to move to the United States in search of new opportunities, and they have every right to do so. But inviting them to defect while on overseas tours is going too far.”
The Wall Street Journal’s Reasons for Supporting CMPPP
The Wall Street Journal’s opinions on this subject are frequently uttered by its columnist on Latin American issues, Mary Anastasia O’Grady. The headline for her November 9, 2014, column makes clear her ultimate conclusion: “Cuba’s Slave Trade in Doctors.” She asserts that Cuba’s policy and practice of sending some of its medical personnel to other countries is an “extensive human-trafficking racket now being run out of Havana.”
Her argument centers on the Cuban government’s being paid for these services by other countries like Venezuela or by international organizations like WHO and the government’s paying its medical personnel only some of the Cuban government’s revenues for their services. But this ignores the fact that any corporation or other business entity that sells services, pays the people who actually provide the service less than what is collected by the corporation because there are other cost factors that have to be covered plus a profit.
While she admits that “Cuban doctors are not forced at gunpoint to become expat slaves,” she argues they “are given offers they cannot refuse.”
Conclusion
When the CMPPP was created in 1966, Cuba’s government prohibited its medical personnel from leaving the island, and one of CMPP’s original rationales was providing a legitimate way to provide them with a way to leave Cuba and go elsewhere. Now, however, the Cuban government permits such citizens to leave. This change, in this blogger’s opinion, eliminates the only arguably legitimate basis for CMPPP.
The allegation by some supporters of CMPP that Cuba’s practice of sending medical teams to other countries is a form of human trafficking is absurd, in this blogger’s opinion. The Cuban government has paid for all of the education of its medical personnel, and sending some of them to serve in foreign countries is a way for them to compensate the state for their free education. This Cuban practice is like the U.S. practice during some wars of having a selective service system and drafting some people to serve in our armed forces. Similarly we in the U.S. from time to time have debated having some kind of required national non-military service program for younger citizens without anyone arguing that it would be illegal human trafficking.
The U.S. State Department issues annual reports on the status of other countries’ human trafficking, which the reports define as “umbrella terms for the act of recruiting, harboring, transporting, providing, or obtaining a person for compelled labor or commercial sex acts through the use of force, fraud, or coercion.” This compelled service requirement uses “a number of different terms, including involuntary servitude, slavery or practices similar to slavery, debt bondage, and forced labor.”
Although the latest U.S. report on this subject unjustly casts Cuba into the report’s Tier 3 status,[5] as argued in a prior post, that report rejects the argument that Cuba is engaged in human trafficking when it sends its medical personnel to other countries. Here is what that report says on this issue:
“Some Cubans participating in the work missions have stated that the postings are voluntary, and positions are well paid compared to jobs within Cuba. Others have claimed that Cuban authorities have coerced them, including by withholding their passports and restricting their movement. Some medical professionals participating in the missions have been able to take advantage of U.S. visas or immigration benefits [under the CMPPP], applying for those benefits and arriving in the United States in possession of their passports—an indication that at least some medical professionals retain possession of their passports. Reports of coercion by Cuban authorities in this program do not appear to reflect a uniform government policy of coercion; however, information is lacking.”
This blogger, therefore, supports the Times’ calling for an end to CMPPP.
[1] Under the overall title of “Cuba: A New Start,” the prior editorials (all of which are simultaneously published in Spanish) have urged overall reconciliation between the two countries, including ending the ending of the U.S. embargo of the island, the U.S. designation of Cuba as a “State Sponsor of Terrorism” and re-establishing normal diplomatic relations; U.S.-Cuba collaboration in combatting Ebola in West Africa; recognizing changing U.S. public opinion on relations with Cuba; U.S.-Cuba exchange of prisoners; and ending USAID covert programs to promote regime change in Cuba.
[2] Another issue unrelated to CMPPP is whether or not the services provided by the Cuban medical personnel meet the professional standards of the country where they serve. A South American ophthalmologist has told this blogger that she frequently has been called to fix problems created by Cuban doctors on such missions, but this blogger has no information about any comprehensive study of this issue.
[3] The program’s stated statutory authorization is INA section 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States for urgent humanitarian reasons or significant public benefit); 8 CFR 212.5(c) & (d) (discretionary authority for granting parole), whereby the U.S. Citizenship and Immigration Services (USCIS) may exercise its discretionary parole authority to permit eligible Cuban nationals to come to the United States.
[4] This calculation is based upon a November 9, 2014, article in Venezuela’s El Universal newspaper.
[5] Tier 3 is a U.S.-created category of countries that the U.S. asserts “do not fully comply with [a U.S. statute’s] minimum standards and are not making significant efforts to do so”.
In the fall of 1944, the word “genocide” appeared for the very first time in the book “Axis Rule in Occupied Europe” by Raphael Lemkin, a Polish lawyer who lost most of his family in the Holocaust and who fled to the U.S. in 1941. The book, which was published by the Carnegie Endowment for International Peace, introduced the word as “A New Term and New Conception for Destruction of Nations.”[1]
Lemkin was inspired to create the term after listening to a 1941 radio speech by Winston Churchill, who talked about “the barbaric fury of the Nazis” and the world being “in the presence of a crime without a name.” Lemkin considered and then rejected terms like “barbarity,” “vandalism,” and “ethnocide.” Finally he created the word “genocide” by combining the Greek “genos” meaning “people” or “nation” with the Latin-derived suffix “-cide” for “killing.”
The treaty defines the crime of “genocide” as “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; [or] (e) Forcibly transferring children of the group to another group.”
Now genocide is one of the crimes that is within the jurisdiction of the International Criminal Court and within the customary international law principle of universal jurisdiction whereby any state may prosecute an individual for the crime regardless of where the crime occurred.
A new documentary film, “Watchers of the Sky,” brings Lemkin’s creative process to the screen by animating pages of his notebooks and by telling the stories of contemporary crusaders like Samantha Power, the U.S. Ambassador to the United Nations and the author of a book about post-World War II commissions of genocide, “A Problem from Hell.”
[1] This post is based upon the citations embedded above and upon Ben Zimmer, How ‘Genocide’ Was Coined, W.S. J. (Oct. 27, 2014). The Carnegie Endowment for International Peace was created by Andrew Carnegie in the early 20th century as discussed in a prior post.
[2] Although the Convention was unanimously adopted by the General Assembly in 1948 and signed two days later for the U.S. by President Harry Truman, it was not ratified by the U.S. until 1988 as discussed in a prior post.
On February 6th at the National Prayer Breakfast in Washington, D.C., President Obama affirmed that we are “all children of a loving God; brothers and sisters called to make His work our own. But in this work, as Lincoln said, our concern should not be whether God is on our side, but whether we are on God’s side.”
It was important, Obama said, that “as Americans, we affirm the freedoms endowed by our Creator, among them freedom of religion. . . . [This] freedom safeguards religion . . . [and] religion strengthens America. Brave men and women of faith have challenged our conscience and brought us closer to our founding ideals, from the abolition of slavery to civil rights, workers’ rights.”
In addition, the President declared, “promoting religious freedom is a key objective of U.S. foreign policy.” Therefore, the U.S. must take steps to challenge the threats to that freedom around the world. “We see governments engaging in discrimination and violence against the faithful. We sometimes see religion twisted in an attempt to justify hatred and persecution against other people just because of who they are, or how they pray or who they love. Old tensions are stoked, fueling conflicts along religious lines, . . . even though to harm anyone in the name of faith is to diminish our own relationship with God. Extremists succumb to an ignorant nihilism that shows they don’t understand the faiths they claim to profess — for the killing of the innocent is never fulfilling God’s will; in fact, it’s the ultimate betrayal of God’s will.”
Specific criticisms for violations of religious freedom were directed by the President at China, Burma, Nigeria, Pakistan, Iran, Egypt, Syria and North Korea.
The President also made a personal confession of his own religious faith. He said, God had “directed my path to Chicago and my work with churches who were intent on breaking the cycle of poverty in hard-hit communities there. . . . [The] church fed me . . .[and] led me to embrace Jesus Christ as my Lord and Savior . . . [and] to Michelle — the love of my life — and it blessed us with two extraordinary daughters [and] to public service. And the longer I serve, especially in moments of trial or doubt, the more thankful I am of God’s guiding hand.”
Earlier this year the President, proclaiming January 16th as Religious Freedom Day, emphasized that “America embraces people of all faiths and of no faith. We are Christians and Jews, Muslims and Hindus, Buddhists and Sikhs, atheists and agnostics. Our religious diversity enriches our cultural fabric and reminds us that what binds us as one is not the tenets of our faiths, the colors of our skin, or the origins of our names. What makes us American is our adherence to shared ideals — freedom, equality, justice, and our right as a people to set our own course.”
Samantha Power
A similar statement about Religious Freedom Day was made by U.S. Ambassador Samantha Power, the U.S. Permanent Representative to the U.N. She said, “Protecting freedom of religion is a cornerstone of American foreign policy, carried out by prioritizing accountability for religiously-motivated violence, urging governments to adopt legal protections for religious minorities, and promoting societal respect for religious diversity. And at the United Nations, we work with our partners to fight for the world’s religious minorities, including adoption of the landmark Human Rights Council resolution calling on member states to combat intolerance, violence, and discrimination based on religion.”[1]
[1] The New York Times and Washington Post issued reports on the President’s speech at the National Prayer Breakfast. Earlier posts have discussed the work on international freedom of religion by the U.S. Department of State and by the quasi-independent U.S. Commission on International Religious Freedom.
On April 23, 2012, President Obama formally established the U.S. Atrocities Prevention Board (APB), a standing, inter-agency body responsible for coordinating policy on preventing mass atrocities and responding to genocide, war crimes and crimes against humanity.
The President announced that the APB will help the U.S. government identify and address atrocity threats, and it will oversee institutional changes that will make the U.S. more nimble and effective on these issues. The intelligence community will collect and analyze information that allows the U.S. to improve its anticipation, understanding, and counters to atrocity threats. U.S. diplomats will encourage more robust multilateral efforts to prevent and respond to atrocities. The U.S. military and civilian workforce will be better equipped to prevent and respond to atrocities.
The APB also will promote new kinds of targeted sanctions; denial of entry to the U.S. of perpetrators of serious violations of human rights or humanitarian law or other atrocities; “surging” of specialized expertise in civilian protection on a rapid response basis in crisis situations; and blocking the flow of money to abusive regimes. In addition, the APB will monitor agencies’ compilation of after-action “lessons-learned” reports to record key innovations, areas of success, and issues requiring future work in the area of atrocity prevention and response. The USAID will award grants for innovative technologies that strengthen the U.S. government’s capacity for early warning, prevention, and response with respect to mass atrocities.
This presidential statement further announced efforts to hold accountable perpetrators of mass atrocities and genocide by strengthening the U.S. ability to prosecute perpetrators of atrocities found in the U.S. and to use immigration laws and immigration-fraud penalties to hold accountable perpetrators of mass atrocities.
In addition, the U.S. will support national, hybrid, and international mechanisms (including, among other things, commissions of inquiry, fact-finding missions, and tribunals) that seek to hold accountable perpetrators of atrocities when doing so advances U.S. interests and values, consistent with the requirements of U.S. law. This will include witness protection measures and technical assistance in connection with foreign and international prosecutions. The Administration will seek additional statutory authority to make reward payments for information that leads to the arrest of foreign nationals indicted for war crimes, crimes against humanity, or genocide by international, hybrid, or mixed criminal tribunals.
As the ad hoc international criminal tribunals and hybrid courts are nearing the end of their lives and as the permanent International Criminal Court (ICC) has jurisdiction over the crime of genocide, crimes against humanity and war crimes, the APB has let it be known that it will be continuing the Obama Administration’s policy of positive engagement with the ICC by assisting the ICC in accordance with this presidential statement.
Samantha Power
The Chair of the APB is Samantha Power, the U.S. National Security Council Senior Director for Multilateral Affairs and Human Rights and the Pulitzer Prize-winning author of A Problem from Hell, a study of the U.S. foreign-policy response to genocide. Other APB members are senior officials from the Departments of State, Defense, Justice, and Homeland Security, and government entities such as the U.S. Agency for International Development, the U.S. Mission to the United Nations, the Office of the Director of National Intelligence, the Central Intelligence Agency, and the Office of the Vice President. U.S. Ambassador-at-Large for Global Criminal Justice Stephen Rapp will also work closely with the APB.
The APB met for the first time on April 23rs at the White House. This was followed by panel presentations by experts and government officials, as well as interactions with civil society. Earlier in the day at the U.S. Holocaust Museum, President Obama said that the work of the APB, the first of its kind, is “not an afterthought,” and that preventing atrocity crimes “is not a sideline in our foreign policy.”
The APB owes its genesis to an August 2011 Presidential Study Directive declaring that “[p]reventing mass atrocities and genocide is a core national security interest and a core moral responsibility” of the U.S. Therefore, the Directive called for the establishment of the APB “to coordinate a whole of government approach to preventing mass atrocities and genocide.” The objectives of such a board were to “ensure: (1) that our national security apparatus recognizes and is responsive to early indicators of potential atrocities; (2) that departments and agencies develop and implement comprehensive atrocity prevention and response strategies in a manner that allows ‘red flags’ and dissent to be raised to decision makers; (3) that we increase the capacity and develop doctrine for our foreign service, armed services, development professionals, and other actors to engage in the full spectrum of smart prevention activities; and (4) that we are optimally positioned to work with our allies in order to ensure that the burdens of atrocity prevention and response are appropriately shared.”
