President Trump Considering Another Hostile Action Against Cuba 

On January 16, U.S. Secretary of State Mike Pompeo extended for 45 days the right to bring certain lawsuits in U.S. federal courts  by Americans who owned property in Cuba that was confiscated by its government. [1]

The Announcement

The State Department stated that this 45-day extension, instead of the usual six-month extension, “will permit us to conduct a careful review of the right to bring action under Title III [of the Helms-Burton or LIBERTAD Act] in light of the national interests of the United States and efforts to expedite a transition to democracy in Cuba and include factors such as the Cuban regime’s brutal oppression of human rights and fundamental freedoms and its indefensible support for increasingly authoritarian and corrupt regimes in Venezuela and Nicaragua.”

This announcement added, “We call upon the international community to strengthen efforts to hold the Cuban government accountable for 60 years of repression of its people. We encourage any person doing business in Cuba to reconsider whether they are trafficking in confiscated property and abetting this dictatorship.”

This right to sue was created by Title III of the Helms-Burton Act of 1996. It would permit lawsuits against persons who profit from property in Cuba that was expropriated from Americans. For example, there could be hundreds of lawsuits against corporations around the world, such as  Spanish companies that run Cuban hotels as well as Chinese and Turkish firms renovating Cuban ports. Exempt from this provision of  the Act  are U.S. companies involved in U.S. legal travel to Cuba such as AirBnB, airlines and cruise companies. But the exact meaning of this exemption could be tested in litigation, for example, over U.S. and foreign airlines landing at Havana’s Jose Marti Airport, which is built on land expropriated from a family now living in Miami.

Every  U.S. president since the enactment of the Helms-Burton Act, starting with Bill Clinton and including Trump in 2017 and 2018, has suspended Title III, for six months each time, because of its potential to alienate U.S. allies and complicate any future American detente with Cuba. Moreover, not suspending title III would create a huge obstacle to new foreign investment in Cuba.[2]

The most recent extension of only 45 days and the stated reason for this extension raise the real possibility that the Trump Administration will grant no additional suspensions or waivers of Title III and thereby permit such lawsuits.

Reactions to This Announcement[3]

This announcement predictably was applauded by Senator Marco Rubio (Rep., FL). He said in a tweet that it “is a strong indication of what comes next. If you are trafficking in stolen property in #Cuba, now would be a good time to get out.” A similar opinion was expressed by Representative Mario Diaz-Balart (Rep., FL).

Three U.S. experts on Cuba, however, criticized this possible change. Professor William LeoGrande of American University said, “It would cause an enormous legal mess, anger U.S. allies in Europe and Latin America, and probably result in a World Trade Organization case against the U.S.” He added that the State Department previously had estimated that allowing Title III to go into effect could result in 200,000 or more lawsuits being filed. Another expert, Phil Peters, said, “If they take this decision they will be moving from a policy of limiting U.S. engagement with Cuba to a policy of very actively trying to disrupt the Cuban economy.” The third, Michael Bustamante, assistant professor of history at Florida International University, stated, “Legitimate property claims need to be resolved, but in the context of a bilateral negotiation. Those backing the enforcement of Title III seem most intent on sowing havoc rather than achieving a positive good.”

Cuban authorities naturally had negative reactions to this proposed change. President Miguel Diaz-Canel said on Twitter that “we vigorously reject this new provocation, meddling, threatening and bullying, in violation of international law.”

Cuban Foreign Minister Bruno Rodriguez described the announcement as “political blackmail and irresponsible hostility aimed at hardening the blockade on Cuba. The government of President Donald Trump threatens to take a new step that would reinforce, in a dangerous way, the blockade against Cuba, would flagrantly violate International Law and directly attack the sovereignty and interests of third countries. It . . . [is] a hostile act of extreme arrogance and irresponsibility [issued in] the disrespectful and slanderous language of the State Department’s public message.”

Conclusion

This U.S. announcement follows shortly after U.S. Senators Robert Menendez and Rubio called for another hostile U.S. action against Cuba—the re-establishment of the U.S. parole policy for Cuban medical professionals, which was criticized in a recent post.[4]

Both of these proposed U.S. actions may well have been promoted or provoked by National Security Advisor John Bolton, who has long-held hostile opinions about Cuba and more recently has called Cuba, Venezuela and Nicaragua “the Troika of Tyranny.” Moreover, on November 1 in Miami, Bolton said the Administration was “seriously” considering new measures against the Cuban government, including allowing Cuban exiles whose properties were confiscated by the Castro government to file lawsuits in U.S. courts against foreign companies currently using those properties.[5]

Both of these proposed hostile actions by the U.S., in this blogger’s opinion, are ill-advised as unnecessarily creating additional conflicts with a close neighbor, with whom the U.S. should be fostering better relations as was done by President Obama after December 17, 2014.

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[1] U.S. State Dep’t, Secretary’s Determination of 45-Day Suspension Under Title III of LIBERTAD Act (Jan. 16, 2019); Reuters, U.S. Considering  Allowing Lawsuits Over Cuba-Confiscated Properties, N.Y. Times (Jan. 16, 2019); Assoc. Press, Trump Weighs Dramatic Tightening of US Embargo on Cuba, N.Y. Times (Jan. 17, 2019).

[2] U.S..State Dep’t, United States Determination of Six Months Suspension under Title III of LIBERTAD Act (July 14, 2017); Lederman, Trump administration again suspends a part of Cuba embargo, Fox News (July 14, 2017); Whitefield, Trump to suspend lawsuit provision of Helms-Burton Act in August, Miami Herald (July 17, 2017); U.S. Continues To Suspend Part of Its Embargo of Cuba, dwkcommentaries.com (July 20, 2017); U.S. State Dep’t, United States Determination of Six Months Suspension under Title III of LIBERTAD Act (Jan. 24, 2018); State Department Creates Cuba Internet Task Force and Suspends Enforcement of Statutory Liability for Trafficking in Certain Cuban Expropriated Property, dwkcommentaries.com (Jan. 25, 2018); U.S. State Dep’t, Secretary’s Determination of Six Months Suspension under Title III of LIBERTAD Act (June 28, 2018); Whitefield, Trump administration extends ban on lawsuits over confiscated property in Cuba, Miami Herald (June 28, 2018).

[3] Fn. 1; Guzzo, U.S. might allow lawsuits over U.S. properties nationalized in Cuba, Tampa Bay Times (Jan. 17, 2019); Cuba Foreign Minister Rodriguez, Cuba strongly rejects the threat of activation of Article III of the Helms Burton Act, Granma (Jan. 17, 2019).

[4] Senators Menendez and Rubio Call for Restoring U.S. Parole Program for Cuban Doctors, dwkcommentaries.com (Jan. 11, 2019).

[5] U.S. National Security Advisor Announces New U.S. Hostility Towards Cuba, dwkcommentaries.com (Nov. 3, 2018).

Raúl Castro’s Celebration of the 60th Anniversary of the Cuban Revolution’s Triumph

On January 1, 2019, the 60st anniversary of the triumph of the Cuban Revolution, Raúl Castro delivered a lengthy address in Santiago de Cuba celebrating that anniversary as well as the 150th anniversary of the beginning of Cuba’s wars of independence from Spain. [1]

Castro said Cuba “will continue to prioritize defense training tasks, at all levels, in the interests of safeguarding independence, territorial integrity, sovereignty and peace, based on the strategic concept of the War of the Entire People, as is reflected in the recently approved Constitution of the Republic.”[2]

Also mentioned were the challenges facing the Cuan economy in 2019. It was necessary to “reduce all non-essential expenses and save more; increase and diversify exports; raise the efficiency of the investment process and enhance the participation of foreign investment, which, as stated in the guiding Party documents, is not a complement, but a fundamental element for development.”

In addition, the speech was peppered with the  following negative comments about the U.S. involvement in that history:

  • “Cuba’s victory against Spain “was usurped by the U.S. intervention and the military occupation of the country, which gave way to a long period of oppression and corrupt governments, subservient to its hegemonic designs.”
  • “The Revolutionaries attack on the Moncada barracks on July 26, 1953 also was an assault on ‘the crimes and abuses of a bloody tyranny, completely subordinated to the interests of the United States.”
  • “Already on January 8, 1959, upon his arrival in Havana, the Commander of the Revolution [Fidel] expressed: ‘The tyranny has been overthrown, the joy is immense and yet there is still much to be done. We do not fool ourselves into believing that from now on everything will be easy, perhaps from now on everything will be more difficult.'”
  • “On May 14, 1959, Cuba adopted the first Agrarian Reform Law “that upset the powerful economic interests of U.S. monopolies and the Creole bourgeoisie, which redoubled the conspiracies against the revolutionary process.”
  • “The nascent Revolution was subjected to all types of aggressions and threats, such as the actions of armed gangs financed by the U.S. government; assassination plans against Fidel and other leaders; the murder of young literacy teachers, many of them still adolescents; sabotage and terrorism throughout the country with the terrible toll of 3,478 dead and 2,099 disabled; the economic, commercial and financial blockade, and other political and diplomatic measures in order to isolate us; the campaigns of lies to defame the Revolution and its leaders; the mercenary invasion at Playa Girón [Bay of Pigs] in April 1961; the October [Missile] Crisis in 1962, when the military invasion of Cuba was being prepared in the United States; and an endless list of hostile acts against our homeland.”
  • “Over 60 years Cuba has has “seen twelve U.S. administrations that have not ceased in the effort to force a regime change in Cuba, one way or another, with varying degrees of aggressiveness.”
  • “Now once again, the U.S. government seems to be taking the course of confrontation with Cuba, and presenting our peaceful and solidary country as a threat to the region. It resorts to the sinister Monroe Doctrine to try to roll back history to the shameful era in which subjugated governments and military dictatorships joined it in isolating Cuba.”
  • “Increasingly, senior officials of the [U.S.] current administration, with the complicity of certain lackeys, disseminate new falsehoods and again try to blame Cuba for all the ills of the region, as if these were not the result of ruthless neoliberal policies that cause poverty, hunger, inequality, organized crime, drug trafficking, political corruption, abuse and deprivation of workers’ rights, displaced people, the eviction of campesinos, the repression of students, and precarious health, education and housing conditions for the vast majority.”
  • “They are the same who declare the intention to continue forcing the deterioration of bilateral relations, and promote new measures of economic, commercial and financial blockade to restrict the performance of the national economy, cause additional constraints on the consumption and welfare of the people, hinder even further foreign trade, and curb the flow of foreign investment. They say they are willing to challenge International Law, to contravene the rules of international trade and economic relations, and aggressively apply extraterritorial measures and laws against the sovereignty of other states.”
  • “The extreme right in Florida . . . has hijacked [U.S.] policy toward Cuba, to the pleasure of the most reactionary forces of the current U.S. government.”
  • “On July 26, [2018] here in Santiago, I explained that an adverse scenario had formed, and again the euphoria of our enemies had resurfaced, and the haste to materialize their dreams of destroying the example of Cuba. I also pointed out the conviction that the imperialist blockade of Venezuela, Nicaragua and our country was tightening. Events have confirmed that assessment.”
  • “After almost a decade of practicing unconventional warfare to prevent the continuity, or impede the return of progressive governments, Washington power circles sponsored coups – first a military coup to overthrow President Zelaya in Honduras, and later they resorted to parliamentary-judicial coups against Lugo in Paraguay, and Dilma Rousseff in Brazil.”
  • The U.S. “promoted rigged and politically motivated judicial proceedings, as well as campaigns of manipulation and discredit against leftist leaders and organizations, making use of monopoly control over mass media.”
  • “The aggressive actions [of the U.S.] against [Venezuela] . . . must cease. As we warned some time ago, the repeated declaration of Venezuela as a threat to the national security of the United States, the open calls for a military coup against its constitutional government, the military training exercises undertaken in the vicinity of Venezuelan borders, as well as tensions and incidents in the area, can only lead to serious instability and unpredictable consequences.”
  • “It is equally dangerous and unacceptable that the United States government unilaterally sanctions and also proclaims the Republic of Nicaragua a threat to its national security. We reject the attempts of the discredited OAS, Organization of American States, to interfere in the affairs of this sister nation.”
  • “Faced with the [U.S. recent reassertion of the] Monroe Doctrine, the principles of the Proclamation of Latin America and the Caribbean as a Zone of Peace, signed in Havana by Heads of State and Government, which some allies of the United States now seek to disregard, must be applied and defended, for the good of all.”[3]
  • “As expressed by our Minister of Economy and Planning at the last session of the National Assembly, the cost to Cuba of [the U.S. blockade of Cuba is]calculated according to internationally approved methodology, [at] 4.321 billion dollars last year, equivalent to almost 12 million in damages every day, a fact that is overlooked by analysts who tend to question national economic performance.”

Nevertheless, Raúl reiterated Cuba’s “willingness to coexist in a civilized manner, despite the differences, in a relationship of peace, respect and mutual benefit with the United States. We have also clearly indicated that Cubans are prepared to resist a confrontational scenario, which we do not want, and we hope that the levelest heads in the U.S. government can avoid.”

American Journalist’s Assessment of Cuba’s Current Situation[4]

Jon Lee Anderson, an American journalist who has written extensively about Cuba, first stated what he saw as Cuba’s achievements over the last 60 years. It is “stable, having overcome such existential threats as the Bay of Pigs invasion in 1961, the Cuban missile crisis in 1962 and a half-century of diplomatic isolation and withering economic sanctions imposed by the United States.”

Cuba also has “weathered the collapse of the Soviet Union, its main Cold War benefactor, and a slew of traumatic internal ructions including the Mariel boatlift in 1980 and the Cuban raft exodus in 1994. Last but not least, Cuba has managed its first major political transitions, following the death in 2016 of its defining leader, Fidel Castro; the presidential retirement, last year, of his younger brother, Raúl Castro; and Raúl’s succession in office by Miguel Díaz-Canel Bermúdez, a 58-year-old Communist Party loyalist.”

Most importantly, he says, “the Cuban Communist system shows no sign of collapse.” But it is going through significant changes with greater opportunity to disagree with the government as evidenced by recent changes to regulations affecting the private sector and the arts.

Conclusion

Although I hope that there will be increasing opportunities for Cubans to express disagreement with their government’s policies, I am not as sanguine as Anderson about whether and when there will significant changes on such questions. Like any well-established and large system or organization, such changes are difficult and usually take longer than anticipated by some.

It also is interesting to compare this lengthy speech by Raúl with the shorter and less revealing recent statement by President Diaz-Canel that was mentioned in a prior post. Is this difference significant?

According to a U.S. journalist, the latest version of the proposed new Constitution, if as anticipated it is approved in the February referendum, provides that “the National Assembly must approve a new electoral law within six months after the new Constitution is enacted. Then, within another three months, the National Assembly must choose a new president, vice president and Council of State from among its deputies currently in office.” In addition, the new Constitution would create the new office of Prime Minister, requiring the president to share power. Therefore, it is possible that Diaz-Canel will be President for only a short time.[5]

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[1] Castro, After 60 years of struggle, sacrifices, efforts and victories, we see a free, independent country, the master of its own destiny (Jan. 2, 2019).

[2] The final draft of the proposed Constitution that will be submitted to a referendum in February 2019 is now available online.

[3] In February 2018, the Monroe Doctrine was favorably mentioned, in response to a question by an academic observer, by then Secretary of State Rex Tillerson, as discussed in an earlier post.

[4]  Anderson,  Cuba’s Next Transformation, N.Y. Times (Jan. 5, 2019).

[5] Gámez Torres, Cuba could have a new government soon if draft Constitution takes effect, Miami Herald (Jan. 5, 2019).

Cuba’s Universal Periodic Review Hearing by the U.N. Human Rights Council

On May 16, the U.N. Human Rights Council in Geneva, Switzerland held a 210-minute public hearing on its third Universal Periodic Review (UPR) of Cuba’s human rights record. The hearing consisted of Cuba’s report by its Foreign Minister, Bruno Rodriguez, and other Cuban officials; comments and recommendations by 140 countries (50 seconds each for a total of approximately 117 minutes); and responses by the Cuban officials.

Before the hearing,, the Council received Cuba’s human rights report, a summary of U.N. information about Cuba, reports from stakeholders (human rights organizations and others); and advance questions from some U.N. Members. The  224 submissions from stakeholders, for example, included around 17 that said Cuba’s constitutional and legislative framework “guaranteed the enjoyment of all human rights and fundamental freedoms.” The Cuban Human Rights Observatory, and others, on the other hand, said that Cuba had not undertaken any reforms to promote the exercise of political freedoms.[1]

Cuban Government’s Report[2]

From the times of the US military occupation, which severed our independence, under the governments it imposed, 45 per cent of children did not attend schools; 85 per cent of persons lacked running water; farmers lived in abject poverty without ever owning the land they tilled and immigrants were brutally exploited. In Cuba [during those years], workers and farmers had no rights.  Extrajudicial execution, enforced disappearances and torture were recurrent.  Discrimination based on the color of the skin was brutal; poverty was rampant and women and girls were even more excluded.  The dignity of Cubans was tarnished and Cuba’s national culture was trampled upon.” (Emphasis added.)

“The Cuban Revolution led by Commander in Chief Fidel Castro Ruiz transformed that reality and continues to strive to improve the quality of life, wellbeing and social justice for all of our people, thus implementing all human rights. That willingness to protect human dignity, provide equal opportunities and ‘conquer all the justice,’ has remained unchanged and unswerving until today.”

“Our country has continued to take steps to further improve its economic and social development model with the purpose of building a sovereign, independent, socialist, democratic, prosperous and sustainable nation by strengthening the institutional structure of our political system, which is genuinely participatory and enjoys full popular support.”

In accordance with the Constitution, we have continued to strengthen the legal and institutional framework for the protection and promotion of those rights, and we have introduced modifications and proposals adapted to the needs and realities of the Cuban society and international standards. The attention to citizens has been equally improved by means of the expansion of the mechanisms, ways and recourses in the hands of the population to denounce any  infringement of the legal system or their rights; file claims or petitions to the competent authorities; channel up their opinions and concerns and actively participate in the adoption of government decisions.”

The Foreign Minister then provided more details about Cuba’s “protection of the right to life. . .; law enforcement authorities . . . [being] subject to rigorous control processes and popular scrutiny.; . . .There has been no impunity in the very few cases of abuses involving law enforcement agents and officials;” no traffic in firearms; continued strengthening of “people’s participation in government decision-making and the exercise of the freedoms recognized under the Constitution and the law;” increased “effectiveness of the control exercised by all citizens over the activity of state organs, elected representatives and public officials;” advancing “the promotion of the right to full equality; in the struggle against elements of discrimination based on the color of the skin and against women;” and  increasing “support to prevent and cope with manifestations of discrimination based on sexual orientation and gender identity.” He also mentioned increases in numbers of civil society organizations, and said defenders of human rights enjoy government recognition and support.

However, in Cuba, “the legal system cannot be infringed upon or subverted to satisfy a foreign agenda that calls for a change of regime, the constitutional order and the political system that Cubans have freely chosen.  Those who act this way are not worthy of being described as human rights defenders; they rather qualify as agents to the service of a foreign power, according to many western legislations. (Emphasis added.)

Cuba has continued to strengthen its cooperation with the UN mechanisms that take care of these issues. . . We have strictly complied with all  . . . 44 of the 61 international human rights instruments [into which we have entered.]”

“Cuba has continued to promote initiatives at the [U.N.] Human Rights Council and the Third Committee of the UN General Assembly, for the defense of human rights, including the rights to development and peace.  We have consistently opposed every attempt to politically manipulate said bodies; selectivity as well as double standards.”

Likewise, “huge efforts are being made, amid adverse financial conditions, to preserve the purchasing power of salaries and pensions, improve access to food, adequate housing and public transportation, while preserving and even enhancing the quality of universal and free education and public health. No one will ever be left to his or her own fate in Cuba.”

“We cannot but mention our condition as a small island developing country, faced with an unfavorable international economic situation, characterized by the prevalence of irrational and unsustainable patterns of production and consumption; market regulations and non-transparent and less than democratic international financial institutions. Added to this are the adverse effects of climate change and the impact of natural disasters of high intensity on our economy.  Substantial resources should be invested to cope with them. (Emphasis added.)

“The strengthening of the economic, commercial and financial blockade imposed by the United States against Cuba and its extraterritorial implementation causes deprivations and continue to be the main obstacle to the economic and social development of the country.  This unjust policy, which has been rejected by the international community, violates the purposes and principles of the UN Charter and International Law and represents a flagrant, massive and systematic violation of the human rights of our people, thus qualifying as an act of genocide under the Convention for the Prevention and Punishment of the Crime of Genocide of 1948.” (Emphasis added.)

“We demand the return of the territory usurped by the US Naval Base in Guantánamo, where the United States maintains a detention camp in which serious human rights violations and acts of torture are committed.”(Emphasis added.)

“The political and media campaigns against Cuba, which distort our reality, intend to discredit our country and conceal Cuba’s undeniable human rights achievements.“ Emphasis added.)

We are opened to dialogue and will offer all the necessary information based on the respect and objectivity that should characterize this exercise, in which there should be no double standards or politically motivated manipulations, which we will not accept, because, as was expressed by the President of the Council of State and Ministers, Comrade Miguel Díaz-Canel Bermúdez on April 19, “there is no room for a transition that ignores or destroys the legacy of so many years of struggle.  In Cuba, by the decision of the people, there is only room for the continuity of that legacy with the Revolution and the founding generation, without giving up to pressures, without fear and setbacks, always defending our truths and reasons, without ever renouncing sovereignty and independence, development programs and our own dreams.” (Emphasis added.)

Other Countries Comments and Recommendations[3]

During the hearing a total of 339 recommendations, many of which are repetitious, were made. Many countries, especially those friendly with Cuba like Russia and China and developing countries, made no recommendations at all. Others were more critical: members of the European Union (EU), United States, Japan, Canada, but also Mexico, Peru, Costa Rica, Brazil, Chile and Uruguay. Gabriel Salvia, the General Director of the Center for the Opening and Development of Latin America, said, “It is a great step forward for more Latin American countries to point out the human rights situation in Cuba,”

Near the end of this section of the hearing, the U.S.’ 50-seconds were the sharpest against Cuba.[4] Michele Roulbet, the U.S. delegate, said:

  • “The April presidential transition again robbed the Cuban people of any real choice in shaping their country’s future; the same actors are in charge, many just with different titles, selected in a process that was neither free nor fair. The government stacked the system against independent candidates, none of whom were able to run for seats in the National Assembly, which selected the president.”
  • “The Cuban government continues to criminalize independent civil society and severely restricts the freedoms of expression, association, religion or belief and the right of peaceful assembly.  It routinely applies laws to silence journalists and critics, and punishes those working to expand access to information and freedom of expression for those in Cuba.”
  • In an “attempt to silence opposition voices, the government reportedly continues to use arbitrary and politically motivated detentions, torture, harassment, and travel prohibitions.  Recent examples of this include those who attempted to monitor the undemocratic presidential transition; those who have advocated for political change; and those who were prevented from participating in the 2018 Summit of the Americas in Lima and this UPR process.”

The U.S. then made the following three recommendations to Cuba: (1) “Reform its one-party system to allow for genuinely free and fair multi-party elections that provide citizens with real choices [regarding their government. “(2) “Cease the practice of arbitrarily detaining journalists, opposition members, and human rights defenders, including preemptively, and adopt a legal framework that ensures judicial independence.” (3) “Release arbitrarily detained or imprisoned individuals who were detained and imprisoned for peaceful assembly, investigate and report on government activity, or express political dissent, and allow them to travel freely both domestically and internationally.”

About midway through this section, Cuba responded to some of the criticisms. It denied the existence of political prisoners in Cuba, restrictions on the right to strike, or even the obstacles to travel freely, while insisting on the independence of the justice system. Cuban. Foreign Minister Bruno Rodríguez described the alleged dissidents and human rights activists as “agents of a foreign power,” a regular practice of the regime to attempt to discredit opponents.

Cuba’s Closing Comments[5]

Foreign Minister Rodriguez in his final statement at the hearing said, “It is regrettable that certain countries are continuing to manipulate the human rights question for political ends, to justify the embargo on Cuba and ‘regime change.’ hey have no moral authority and on the contrary are the perpetrators of extensive, well documented and unpunished violations of human rights; they ride roughshod over the aims of the Universal Periodic Examination and persist in selectivity, double standards and the politicization of human rights.” (Emphasis added.)

These practices, which in recent years have started to reemerge, discredited the [former U.N.] Commission on Human Rights and prompted its replacement by this Council. We will be on a retrograde path if we allow such deviant practices to be consolidated in the Council’s work. Respectful dialogue reflecting the principles of objectivity, impartiality and non-selectivity; and the respect for each people’s self-determination, its right to decide its own political, economic, social and cultural system, and its development model, are the cornerstone of international cooperation in this area.” (emphasis added.)

A small number of the recommendations have an interventionist character, contrary to the spirit of cooperation and respect on which this exercise is based. One of the recommendations is strange: it is the United States which is prohibiting its citizens from travelling to Cuba and restricts their freedom to travel; it is Washington which is denying Cubans, Cuban families, consular services and visa issue at its embassy in Havana.” [These recommendations will be rejected.] (Emphasis added.)

We are keeping to our “socialist and democratic revolution, with the humble and for the humble” proclaimed by Commander-In-Chief Fidel Castro and inspired by José Martí’s brotherly formula: “With everyone and for the benefit of everyone”.

U.S.-Cuba Subsequent Conflict Over Cuba’s UPR[6]

Immediately after the Geneva hearing, from the U.S. Mission to the U.N. in New York City,  U.S. Ambassador to the U.N., Nikki Haley, issued a statement. It said that the UPR process expects countries “to allow independent civil society organizations to fully and freely participate in their UPR process. However, the Cuban government blocked independent Cuban civil society members from traveling to Geneva to participate in their review process, just as they did last month when they blocked Cuban civil society members from traveling to Peru to participate in the Summit of the Americas.” (Emphasis added.)

Ambassador Haley added, “A country with a human rights record as abysmal as Cuba’s is no stranger to silencing its critics. But the Cuban government can’t silence the United States. We will continue to stand up for the Cuban people and get loud when the Cuban government deprives its people of their human rights and fundamental freedoms and robs them of free, fair, and competitive elections, denying them the opportunity to shape their country’s future.” (Emphasis added.)

Meanwhile the live webcast of the hearing was watched in Miami by some Cuban-Americans, who were gathered at the headquarters of the Cuban Democratic Directorate, whose website says, “Since its inception in 1990, the Cuban Democratic Directorate  has been characterized by a consistent and cohesive strategy for liberty and democracy in Cuba.” The Miami-based Foundation for Human Rights in Cuba, which was established in 1992 “to promote a nonviolent transition to a free and democratic Cuba with zero tolerance for human rights violations,” complained that Cuba had flooded the Office of the U.N. High Commissioner for Human Rights with letters sent by Communist Party organizations, the Cuban Women’s Federation and other organizations affiliated with the government that contained “absurd praise about the Cuban system.”

Remaining Steps in Cuba’s UPR[7]

Following the UPR hearing,  Cuba this September will submit a formal response to the recommendations, and the Working Group then will prepare a draft of the Outcomes Report. This report will provide a summary of the actual discussion, including the questions, comments and recommendations made by States to Cuba, as well as the responses by the Cuban Government.

Such outcome reports are not all that illuminating. For example, the one for Cuba’s prior review in 2013, which probably will be a lot like the one forthcoming for this latest review,[8] contains a summary of the hearing–presentation by Cuba (para. 5-26), interactive dialogue and responses by Cuba (paras. 27-169)—and a mere sequential listing of the repetitive recommendations made by the states at the hearing (paras. 170.1-170.291) although there also is an integrated more useful 45-page “thematic matrix of the recommendations.”

Another document from 2013 set forth Cuba’s views on these conclusions and recommendations and its voluntary commitments. It  listed many recommendations that “enjoy the support of the Government of Cuba;” others that have been noted by the Government; and the following 20 that  did “not enjoy the support of the Government:”

No. Country Recommendation
170.136 Belgium Adopt legislation to improve immigration & relations with Cuban diaspora
170.139 Belgium, Czech Repub., Slovenia Implement legal safeguards to protect human rights defenders, journalists, against abuse of provisions for criminal prosecution & release all political prisoners
179.162 Belgium Amend the Law of Criminal Procedure in order to avoid the cases of indefinite extension of the preliminary investigation
170.171 Romania, Estonia & Hungary Remove restrictions on freedom of expression notably concerning the connection to the Internet; Reconsider all laws that criminalize or restrict the right to freedom of expression & right of internet freedom; Lift restrictions on rights to freedom of expression that are not in accordance with the Universal Declaration of Human Rights; ensure affordable & unhindered access to the internet for all.
179.172 Spain Allow freedoms of expression, association &assembly; allow human rights associations to obtain legal status through inclusive and official registration
170.173 Switzerland Lift restrictions hindering free expression & ensure that human rights defenders & independent journalists are not victims of intimidations or arbitrary prosecutions & detentions
170.174 U.K. & Northern Ireland End measures to restrict freedom of expression & assembly including short-term detentions and use of criminal charges such as “precriminal social dangerousness”, “contempt” and “resistance”
170.175 Ireland Repeal legislation relating to so-called “pre-criminal social dangerousness”
170.176 U.S.A. Eliminate or cease enforcing laws impeding freedom of expression
170.177 France Guarantee freedom of expression & peaceful assembly plus free activity of human rights defenders, independent journalists & political opponents
170.179 Canada Take further measures to improve freedom of expression by allowing for independent media &  improving access to information through public access to internet by taking advantage of the recent investment in the fiber optic network
170.182 Austria Guarantee free, free & independent environment for journalists and ensure that all cases of attacks against them are investigated by independent & impartial bodies
170.183 Netherlands End repression, investigate acts of repudiation & protect all persons who are targets of intimidation or violence
170.184 Poland Liberate immediately & unconditionally all prisoners held in temporary detention or sentenced in connection with exercising their freedom of opinion & expression as well as freedom of assembly & association
170.187 U.S.A. Release Alan Gross and imprisoned journalists such as Jose Antonio Torres immediately. [Gross was released on 12/17/14]
170.188 Australia Stop limitations on civil society activities, including short-term detention of political activists
170,189 Germany Stop harassment, intimidation & arbitrary detention of human rights activities
179.190 Hungary Stop short-term detentions, harassments & other repressive measures against human rights defenders & journalists. Implement legal safeguards to ensure their protection against abuse of provisions for criminal prosecution
170.192 Australia Reduce government influence & control over internet as part of a broader commitment to freedom of expression
170.193 Germany End online censorship

 

The report finally has to be adopted at a plenary session of the Human Rights Council. During the plenary session, the State under review can reply to questions and issues that were not sufficiently addressed during the Working Group and respond to recommendations that were raised by States during the review. Time is also allotted to member and observer States who may wish to express their opinion on the outcome of the review and for stakeholders to make general comments.

Conclusion

After the final adoption of the Outcomes Report, the Council has no authority or power to compel Cuba to do anything. Instead, Cuba “has the primary responsibility to implement the recommendations contained in the final outcome.”

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[1] See these posts to dwkcommentaries.com: Cuba’s Human Rights Record Being Subjected to Universal Periodic Review by U.N. Human Rights Council (April 30, 2018); Advance Questions for Cuba’s Universal Periodic Review by the U.N. Human Rights Council (May 11, 2018).

[2] Cuba Foreign Ministry, Cuba will continue to build an ever freer, more democratic, just and fraternal society (May 16, 2018).

[3] ‘It is a great step forward for more Latin American countries to point out the human rights situation in Cuba,’ Diario de Cuba (May 16, 2018); Cuba Foreign Ministry, Cuba reiterates its commitment to cooperate with the UN human rights system (May 16, 2018); Havana warns that it will reject the recommendations of the UN with criticism of its ‘constitutional order,’ Diario de Cuba (May 18, 2018).

[4] U.S. Mission to U.N. (Geneva), U.S. Statement at the Universal Periodic Review of Cuba (May 16, 2018).

[5]  Cuba Foreign Ministry, Cuba reiterates its commitment to cooperate with the UN human rights system (May 18, 2018); Havana warns that it will reject the recommendations of the UN with criticism of its ‘constitutional order,’ Diario de Cuba (May 18, 2018).

[6] U.S. Mission to U.N., Press Release: Ambassador Haley on Cuba’s Human Rights Record (May 16, 2018).

[7] U.N. Hum. Rts. Council, Basic facts about the UPR.

[8] U.N. Hum. Rts.  Council, Report of the Working Group on the Universal Periodic Review: Cuba (July 8, 2013); U.N. Hum. Rts. Council, Report of the Working Group on the Universal Periodic Review: Cuba: Addendum: Views on conclusions and recommendations, voluntary commitments and replies presented by the State under review (Sept. 2013); U.N. Human Rts. Council, Matrix of recommendations.

 

More Details on Cuba’s Foreign Tourism

During the first quarter of 2018, 95,520 U.S. citizens visited Cuba, which was 40 percent fewer than came in the same quarter of 2017. This “is hurting this island’s access to hard cash and setting back the effort to reestablish ties between U.S. citizens and Cubans.“.[1]

The Cubans most adversely affect by this decline are ”the very Cubans the Trump administration has vowed to defend here — small-business owners looking to inject a dose of the free market into the economy.” They are “Airbnb hosts, the owners of small restaurants and art galleries, and tour operators.” Indeed, “unlike many European visitors to Cuba, the American newcomers largely eschewed the package tours that corralled tourists at big, beachfront hotels and assembly-line restaurants. Instead, the Americans spent more time exploring the colonial streets of Old Havana on their own” and patronizing the newer privately-owned businesses

Yes, there has been an increase in foreigners arriving on the island on cruise ships, 177,000 this quarter versus 38,000 in 2017’s first quarter, but they “spent relatively little money onshore.”[2]

Another positive development for Cuban tourism generally, but not the Cuban entrepreneurs, according to the Reuters article, are recent announcements of new hotels by foreign “hospitality companies including Spain’s Melia Hotels International and Iberostar Hotels & Resorts; Singapore’s Banyan Tree Holdings Ltd., Apollo Global Management LLC’s Diamond Resorts International Inc.;” and “Louvre Hotels SAS, a French subsidiary of China’s state-owned Jinn Jiang International Hotels Development Co, one of the world’s largest.”

The construction of such new hotels, however, is “generally carried out jointly with the Cuban Government and especially with the military , which controls a good part of the island’s tourism sector.” For example, “there are currently five new five-star hotels under construction in Havana, owned by the Gaviota Corporation -a military company-, and will be administered by foreign firms.”[3]

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[1] Faiola, In Cuba, the Great American tourism boom goes bust, Wash. Post (May 11, 2018); Drop in Foreign Tourists for Cuba, dwkcommentaries.com April 25, 2018).

[2] Reuters, Despite Hurricanes and Trump, Cuba Retains Charm for Foreign Tourism Firms, N.Y. Times (May 11, 2018).

[3] The Government and the military will continue to make cash with tourism, Diario de Cuba (May 11, 2018).

Advance Questions for Cuba in Its Universal Periodic Review by the U.N. Human Rights Council

As summarized in a previous post, Cuba’s human rights record is now undergoing its third Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. That post also discussed Cuba’s national report, submissions by stakeholders (NGO’s and others), a summary of U.N. information about Cuba and information about a pre-session hearing. Now we look at the questions submitted to Cuba in advance of the Council’s hearing on May 16 and an unusual criticism of Cuba by the U.N. High Commissioner for Human Rights along with additional background information about the Council and the UPR.

Advance Questions for Cuba[1]

 The following advance questions were submitted by other Council members:

Member Questions
Belgium 1. When does the Cuban government plan to ratify human rights conventions to which it is not yet party?

2. Does Cuba plan to extend an open invitation to the special procedures of the Human Rights Council?

3. Will Cuba respond favorably to requests for visits by the Special Rapporteurs on Human Rights Defenders and Freedom of Expression, which have been pending since 2015 and 2016?

4. Does Cuba now guarantee access to independent lawyers to all persons deprived of their liberty?

5. What concrete actions has Cuba taken to release persons deprived of their liberty for political reasons.?

Brazil 1.How does Cuba guarantee the rights of the LGBTI?

2.How does Cuba ensure the independence and impartiality of the judiciary?

Germany 1.Does Cuba plan to ratify the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights?

2.What will Cuba do to enable independent journalism?

3.Identify blogs and websites currently blocked and the reasons for same.

4.Will Cuba abolish travel restrictions for persons on parole or for those in certain professions, including the medical sector?

5.Will Cuba establish an independent national human rights institution?

Liechtenstein 1.Will Cuba ratify the Rome Statute for the International Criminal Court in its 2010 version?

2.Will Cuba join the Code of Conduct for U.N. Security Council action against genocide, crimes against humanity or war crimes?

Malta 1.What steps has Cuba taken to increase the effectiveness of control by the people of the activities of States bodies, elected representatives and civil servants.?
Portugal 1.How does Cuba coordinate the implementation of UPR recommendations that it accepts?

2.How does Cuba coordinate the implementation of recommendations/observations by U.N. human-rights Treaty bodies and Special Procedures and by regional mechanisms?

Slovenia 1.Provide more information on how non-governmental organizations operate in Cuba and details on any consultation process with them.
Spain 1. Is Cuba reforming its Law on Associations and the Electoral Law to promote a higher level of inclusion and social participation?

2. Which multilateral instruments on Human Rights does Cuba plan to sign and/or ratify?

Sweden 1.Provide more information on Cuba’s prevention of trafficking in persons.

2.Provide more information on Cuba’s effort to improve internet access.

3.Has Cuba denied exit visas for human rights defenders and ndependent civil society members?

4.How will Cuba secure free and unrestricted travel for all of its citizens?

Switzerland 1.What did Cuba do to guarantee free and open participation of all citizens in its last election?

2.How many Cuban citizens were candidates in the election “without being a member of an officially recognized Cuban institution [e.g. Communist Party]?

3.Is Cuba broadening the list of legal private businesses (cuentapropistas)? Is Cuba reviewing the definition of cuentapropistas to include self-declared human rights organizations, independent journalists and bloggers and community-based organizations?

4.Will Cuba amend its constitution to eliminate the subordination of the Supreme court to the National Assembly and to the Council of Ministers?

5.How is the Cuban Criminal Code’s concept of “pre-criminal social dangerousness” interpreted?

6.How do families have transparent and open information about a family member who is a temporarily detained as an alleged criminal?

United Kingdom 1.Will Cuba allow the development of independent political parties, including their legal registration and participation in future elections?

2.How does Cuba ensure that all Cubans are able to participate fully in political and electoral processes?

3.Will Cuba end laws and policies that apparently give primacy to the principle of national unity?

4.Will Cuba move towards international independent verification of the condition of its prisons and detention facilities?

5.Will Cuba bring its laws into compliance with international human rights standards on freedom of expression, association and assembly?

U.S.A. 1. Will Cuba ensure that members of the political opposition, including independent candidates, can participate freely and without threats?

2. When will Cuba allow members of Ladies in White and all other citizens to exercise their rights to peaceful assembly and freedom of expression, religion and association?

3. How does Cuba ensure that those responsible for violations and abuses of human rights and labor rights (including members of the police, military and security services) are investigated and held responsible?

4. Will Cuba respect the rights of peaceful assembly and freedoms of assembly, expression and association of members of the Independent Union Association of Cuba and all other workers and representatives?

5. How is Cuba promoting access to information and access to an Internet that is open, interoperable, reliable,  secure and affordable to its citizens?

 

U.N. High Commissioner’s Criticism of Cuba[2]

At a May 11 press briefing, a spokeswoman for the U.N. High Commissioner for Human Rights released statements of concerns about human rights in Cuba and four other countries. Here is what was said about Cuba:

“There are deeply worrying reports that officials in Cuba have prevented a number of human rights defenders and civil society representatives from boarding flights to travel to meetings abroad on the pretext of requiring more detailed identity checks. These measures have resulted in passengers missing their flights and therefore the meetings, which in some cases were organised by a UN entity.”

“So far this year, the UN Human Rights Office has received direct information relating to 14 cases of Cubans being told by officials that the computer system required extra screening. We are also aware of reports that dozens of other people may have been stopped in this way from travelling, allegedly with no explanation by the Cuban authorities as to why they were held up nor on whose orders”

“These cases suggest that these additional checks are being used deliberately as a form of intimidation, pressure and harassment against certain individuals. Civil society organizations have also told us that they were informed verbally by the authorities that their representatives would not be allowed to leave the island before June.”

“We have previously expressed our concern at the harassment and intimidation of human rights defenders in Cuba, including the arbitrary arrest and short-term detention of individuals, particularly before, during and just after demonstrations. “

“We call on the Cuban authorities to respect everyone’s right to freedom of expression and to freedom of movement, and to ensure that human rights defenders and civil society representatives are not unjustifiably prevented from travelling, including those planning to attend UN meetings, in particular the Universal Periodic Review of Cuba on 16 May in Geneva.”

“Article 13 of the Universal Declaration of Human Rights states that, ‘everyone has the right to leave any country, including his own, and to return to his country.”’Article 19 of the Universal Declaration states that ‘everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’”

“The UN Secretary-General presents an annual report to the Human Rights Council on intimidation and reprisals, and in October 2016 the Assistant Secretary-General for Human Rights, Andrew Gilmour, was designated to lead the monitoring and response to reprisals for cooperation or intimidation, including that which aims to discourage or prevent future co-operation with the UN system. Cuba was among the countries named in the last two reports.”

“The UN Human Rights Office will continue to monitor such cases to ascertain whether they merit inclusion in the next report.”

U.N. Human Rights Council Membership[3]

The Council is made of 47 U.N. Member States, which are elected by the majority of members of the U.N. General Assembly through direct and secret ballot. The General Assembly takes into account the candidate States’ contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard.

The Council’s Members serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The seats are allocated on the following geographical basis:

  • African States: 13 seats
  • Asia-Pacific States: 13 seats
  • Latin American and Caribbean States: 8 seats
  • Western European and other States: 7 seats
  • Eastern European States: 6 seats

The current members include Cuba and the United States, both of whose terms expire on December 31, 2019, while Venezuela is also a member with its term expiring on December 31, 2018.

Council’s UPR Working Group for Cuba’s UPR[4]

The UPRs are conducted by the Council’s 47 members acting as an UPR Working Group. In addition, any other U.N. Member State can take part in the review.

Each State’s review is assisted by a groups of three States, known as a “troika,” who serve as rapporteurs. The selection of the troikas for each State is done through a drawing of lots following elections for the Council membership in the General Assembly

For Cuba’s third UPR the Troika members are Egypt, Nepal and Peru.

The May 16 hearing will last three and a half hours, during which the state under review is given 70 minutes to present its report, as well as answer questions made by other states and present concluding remarks. The remaining 140 minutes are allocated to states participating in the review to ask questions, make comments and recommendations to the state under review.

The second stage of the process will be take place during the Council’s 39th period of sessions in September 2018, at which time the final report will be presented by the Troika.

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[1] U.N. Hum. Rts. Council, Advance Questions for Cuba (First Batch); U.N. Hum. Rts. Council, Advance Questions for Cuba (Second Batch); Hum. Rts. Council, Advance Questions for Cuba (Third Batch).

[2] U.N. High Comm. Hum. Rts., Press briefing note on Yemen, Cambodia, Cuba, Nicaragua and Montenegro (May 11, 2018); The UN denounces the blockade of the Cuban regime on the departure of human rights defenders, Diario de Cuba (May 11, 2018).

[3] U.N. Hum. Rts. Council, Background on Council Membership; U.N. Hum. Rts. Council, Current Council Members.

[4] U.N. Hum. Rts. Council, Basic facts about the UPR; U.N. Hum. Rts. Council, List of Troikas (20th Session).

 

 

 

 

 

Salvadoran Attorney General Requests Reopening of Jesuit Priests Murder Case

On December 5 El Salvador’s Attorney General advised a Salvadoran court that the case over the 1989 murder of the Jesuit priests should be reopened. This follows a similar request on November 27 by the Institute for Human Rights of the University of Central America (UCA), where the priests lived and worked.[1]

The defendants in the case are the alleged intellectual authors of the crime: former president, Alfredo Cristiani; the former head of the Joint Chiefs of Staff, René Emilio Ponce (now deceased); ex-commander of the Air Force, Juan Rafael Bustillo; Deputy Defense Minister, Juan Orlando Zepeda; Public Security Vice Minister, Inocente Orlando Montano; the former commander of the First Infantry Brigade, Francisco Elena Fuentes; and the former Minister of Defense, Rafael Humberto Larios.

Another former Salvadoran military officer and intellectual author of the crime, Guillermo Alfredo Benavides, earlier was convicted of the crime in El Salvador and now is imprisoned in that country.

Montano, as reported in previous posts,[2] is now in Spain facing the same charges in a Spanish court. Apparently he is asserting the following defenses: (a) he had no knowledge of the orders to kill the priests, (b) he was not part of the military chain of command; and (c) at the time of the assassination of the Jesuits, former President Cristiani was present in the Joint Staff of the Armed Forces. At least one of these defenses is supported by an attorney for the Salvadoran military, who is asserting that Montano had no command over military personnel since as deputy minister he only could give  orders to members of the military corps security.[3]

In response, the prosecution in Spain is arguing that Montano was present at the Salvadoran Military General Staff meetings when the orders were given to commit the murders and that as Deputy Minister of Defense and Public Security he was empowered to command the security forces (National Police, National Guard and Treasury Police) while as a Colonel he had command over the military units.

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[1] Labrador, Prosecutor requests the reopening of the Jesuits case in El Salvador, El Faro (Dec, 7, 2017)

[2] See posts in “The Jesuit Priests” section of List of Posts to dwkcommentaries—Topical: EL SALVADOR.

[3] Burgos, Montano’s defense sins innocent, El Faro (Dec. 5, 2017).

Former Salvadoran Military Officer Extradited from U.S. to Spain for Trial in Jesuits Murder Case 

On November 29 Inocente Orlando Montano Morales, a former Salvadoran military officer, was extradited from the U.S. to Spain to face trial in the 1989 murders of five Jesuit priests in El Salvador.[1]

On November 30 Montano appeared before Judge Manuel Garcia Castellón of Spain’s National Court, who sent the Salvadoran to prison for pre-trial detention because the Spanish probe showed Montano had taken an “active part in the decision and design of the assassinations” and because there was a risk he would flee the jurisdiction. (Montano arrived at the court by ambulance and entered the court in a wheelchair.) [2]

Montano is to return to the court next week for testimony in the case.

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[1] Reuters, U.S. Deports Ex-Salvadoran Officer to Face Trial on Massacre of Priests, N.Y. Times (Nov. 29, 2017); Faus, The United States extradites to Spain the Salvadoran colonel implicated in the murder of Ellacuría, El Pais (Nov. 30, 2017). Many previous posts in this blog have discussed the murders of the Jesuits and legal proceedings regarding this horrendous crime, including Spain’s case under the principle of universal jurisdiction and the U.S. proceedings for extradition of Montano; they may be found in “The Jesuit Priests” section of List of Posts to dwkcommentaries—Topical: EL SALVADOR.

[2] Reuters, Spanish Court Orders Prison for Ex-Salvadoran Officer Over Priests’ Massacre, N.Y. Times (Nov. 30, 2017); Assoc. Press, Salvadoran Official Jailed Pending Trial for Jesuits’ Death, N.Y. Times (Nov. 30, 2017); Pérez, Prison for a Salvadoran ex-military for the murder of the Jesuits in 1989, El Pais (Nov. 30, 2017).