U.S. House Hearing on U.S. Policy Towards Cuba  

On September 6, the U.S. House Foreign Affairs Committee’s Western Hemisphere Subcommittee held a hearing on U.S. policy on Cuba.[1]

The subcommittee heard from the  following five witnesses, the first four of whom were from the  State Department and the last (Mr. Mazanec) from the U.S. Government Accountability Office: (1) Kenneth H. Merten, Acting Principal Deputy Assistant Secretary, Bureau of Western Hemisphere Affairs; (2) Peter Bodde, Coordinator, Health Incidents Response Task Force; (3) Charles Rosenfarb, M.D., Medical Director, Bureau of Medical Services; (4) Todd Brown, Assistant Director for Countermeasures, Bureau of Diplomatic Security; and (5) Brian M. Mazanec, Ph. D.

Since the audio recording of the hearing is virtually impossible to hear, the following are the highlights of the prepared and printed statements of two of the witnesses and the brief comments from the Washington Post article.

Acting Principal Deputy Assistant Secretary Merten

Human Rights. The Department continues to monitor “human rights developments in Cuba and actively engages with members of Cuban civil society. . . . The Department and USAID also continue to administer U.S. government funded programs to promote democracy and support the critical work of human rights defenders on the island. . . . we regularly speak out against the regime for repression and abuse and raise these concerns directly with the Cuban government.

Cuban Economy. The State Department’s “Cuba Restricted List . . . identifies entities and subentities with which direct financial transactions would disproportionately benefit Cuban military, intelligence, or security services or personnel at the expense of the Cuban people or private enterprise. . . . [It seeks to ] redirect economic activity that once supported the Cuban military toward the Cuban private sector and Cuban people.”

The Department’s Cuba Internet Task force. It is charged to “develop recommendations on 1) the role of media and unregulated flow of information to Cuba and 2) expanding internet access in Cuba” and is scheduled to complete its work by June 2019.

Promoting Stability and Prosperity. The Department has “1) reviewed democracy programs in Cuba to ensure they align with the criteria set forth in the LIBERTAD Act; 2) provided a report to the President detailing the Cuban regime’s human rights abuses against the Cuban people and its lack of progress towards a “transition government” as described in the LIBERTAD Act; 3) provided a report to the President on bilateral engagement with Cuba to ensure it advances U.S. interests; 4) took a stand at the UN against Cuban anti-embargo propaganda; and 5) continues to work with the Department of Homeland Security to discourage dangerous, unlawful migration that puts Cuban and American lives at risk.”

“Health Attacks” on U.S. Personnel.  Merten reminded the subcommittee that “the Department first became aware of these health complaints and an increase in Cuban harassment in late December 2016, [bit] it was not until months later, after highly specialized medical testing was performed and analyzed by experts, that we began to understand the spectrum of severity and confirm the extent of the health effects. That confirmation indicated that these incidents went beyond routine harassment previously experienced by U.S. diplomats in Havana.”

He then stressed that  the “Department does not currently know the mechanism for the cause of the injuries, the motive behind these attacks in Cuba, when they actually commenced, or who is responsible.” (Emphasis added.)

He also emphasized that the U.S. Government was committed to long-term support for the affected personnel.

He mentioned that Secretary of State Pompeo has established an Accountability Review Board that had submitted its report on June 7 and that the Secretary has accepted all of its recommendations.

 Dr. Rosenfarb

“We’re seeing a unique syndrome. I can’t even call it a syndrome. It’s a unique constellation of symptoms and findings, but with no obvious cause,” testified Dr. Rosenfarb.

 Dr. Mazane

His prepared statement summarized the GAO’s July 30, 2018 report (released on September 6) that reviewed the State Department’s management of these health incidents and made recommendations for improvements in same.

Conclusion

 This blog previously has criticized the U.S. so-called democracy promotion activities in Cuba and the U.S. Cuba Internet Task Force because they are unilateral attempts to impose U.S. values on Cuba. Instead, this blog has advocated for the U.S. attempting to develop such programs with the cooperation of the Cuban government. This blog also has also called for the U.S. to ends its embargo of Cuba.[2]

A future post will discuss the latest developments regarding U.S. diplomats who have had medical problems arising from their being stationed in Havana.

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[1] U.S. House Rep., Foreign Affairs Comm., Western Hemisphere Subcomm., U.S. Policy Toward Cuba (Sept. 6, 2018); Kaplan & Ashenbach, Scientists and doctors zap theory that microwave weapon injured Cuban diplomats, Wash. Post (Sept. 6, 2018).

[2] See the following sections of List of Posts to dwkcommentaries—Topical: CUBA: U.S. Embargo of Cuba, Cuban Human Rights, Cuban Economy, U.S. Diplomats Medical Problems in Cuba and U.S. Cuba Internet Task Force.

 

 

U.S. Senate Hearing on Medical Problems of U.S. Diplomats in Cuba

On January 9, a subcommittee of the U.S. Senate Foreign Relations Committee held a hearing entitled “Attacks on U.S. Diplomats in Cuba: Response and Oversight.” The Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women’s Issues was chaired by Senator Marco Rubio (Rep., FL), a noted critic of normalization of U.S.-Cuba relation, who said the purpose of the hearing was “to establish the facts surrounding the attacks on U.S. diplomats in Cuba, and conduct oversight over the State Department’s handling of the attacks.”[1]

The witnesses were three officials of the U.S. State Department: Mr. Francisco Palmieri, Acting Assistant Secretary, Bureau of Western Hemisphere Affairs; Mr. Todd Brown, Diplomatic Security, Assistant Director, International Programs; and Dr. Charles Rosenfarb, Medical Director, Bureau of Medical Services.

The hearing started with lengthy opening statements by Rubio and the Ranking Member, Bob Menendez (Dem., NJ), both very critical of the Department’s response to these incidents or “attacks.” [2] The hearing itself focused on the following four topics:: (1) the nature of the injuries; (2) the cause of the injuries; (3) the perpetrator of the “attacks;” and (4) the State Department’s appointment of an accountability review board.

  1. The Nature of the injuries

 While the symptoms may vary, all 24  of the medically-confirmed cases  have described some combination of the following symptoms: sharp ear pain, dull headaches, tinnitus (ringing in one ea), vertigo, visual focusing issues, disorientation, nausea, extreme fatigue. Some have been diagnosed with mild brain injuries similar to what might happen from a concussion.

  1. The cause of the injuries[3]

In early July, the Bureau of Medical Services at the State Department convened a panel of academic experts to review case histories and the test results up to that point. And they arrived at [the following] consensus: ‘the patterns of injuries were most likely related to trauma from a non-natural source.”

Mr. Brown said investigators are considering possible causes other than a sonic attack, including a viral attack. He also said the possibility that someone deliberately infected people with a virus has not been ruled out. Dr. Rosenfarb testified that evidence suggest that( this is “not an episode of mass hysteria.”

Brown also said he would not rule out a sound component entirely. He said there had been an “acoustic element” associated with the sensations and feelings experienced by diplomats who fell ill. He said it’s possible the sound masked some other technology that caused the damage.

Dr. Rosenfarb said investigators are confident that something indeed caused medical harm to the Americans.

“Perplexing” was a frequent word in this discussion.

  1. Perpetrator(s)

Senator Rubio in a Fox News interview before the hearing said Havana is one of the most tightly controlled cities in the world. “There is no way you can conduct sophisticated attacks targeting American government officials in Havana without the Cuban government at least knowing about it.” [4] He repeated this opinion or conclusion at the start and at the end of the hearing.

  1. Accountability Review Board

Senator Rubio obtained admissions from the witnesses that a “serious injury” of at least one U.S. diplomat in Cuba happened no later than May 2017 and that the Secretary of State had not appointed an accountability review board within 60 days thereafter, as required by statute, and indeed had not yet done so.[5]

Acting Secretary Palmieri tried to remedy this apparent breach by testifying that Secretary Tillerson on December 11, 2017, had decided to convene such a Board and that the statutory required notice to Congress was “forthcoming.”

The same question came up later the same day at the Department’s Press Gaggle, [6] when the Department spokesperson, Under Secretary I. Steven Goldstein, initially said, “We are going to create, as we’ve said previously, an accountability review board, and I would expect that we would have the announcements of the chair and the members of the board available for release within the next week.” He then was pressed with a reporter’s question about Senator Rubio’s apparent contention that the Department and the Secretary had violated the law by not making an earlier appointment of such a board. Goldstein had the following response:

  • “We don’t agree with [the allegation that the law was violated].The assistant secretary today made clear [at the hearing], and we have said too, that it took us time to get the investigation in place. The investigation is continuing, and we believe that we . . . had the authority to determine when the accountability review board should be set in place. I think let’s not lose focus here. There’s 24 people that had injuries, and those people are receiving treatment, and we’ve had over 20 conversations with the people of Cuba. . . . [The] government investigators have been down four times; they’re going down again within the next few weeks. And so our primary goal at the present time is to find out why this occurred, to prevent it from happening again in Cuba and the embassy of Cuba or in any other place where American citizens are located.”
  • “It took time to set up the . . . board because we were hopeful that we would be able to know what occurred. . . . [T]his investigation has taken longer than we anticipated, . . . but it is now time to go forward. . . . I expect the names [for the Board] to be announced over the next several days.”

Conclusion

Only five of the nine subcommittee members attended the hearing, and the members will be submitting written questions to the witnesses, and there will be classified briefing of the subcommittee. Thus, the complete record will not be available until later. [7]

At the conclusion of the hearing, Rubio said that the following were two established facts: (1) 24 Americans had been harmed while in Cuba and (2) the Cuban government at least knew who was responsible for causing such harm. “The idea that someone could put together some sort of action against them, 24 of them, and the Cuban government not know who did it, it’s just impossible,” Mr. Rubio said. He noted that the Americans in Havana became sick just after Mr. Trump’s election, and speculated that rogue government officials from either Cuba or Russia had sought to create friction between Havana and the new administration in Washington.

Under Secretary Goldstein voiced a similar opinion by saying, “We believe that the Cuban government knows what occurred. So what we’d like to them to do is tell us what occurred.”

After the hearing, Cuba’s diplomat who has been intimately involved in U.S.-Cuba relations , Josefina Vidal, said  the hearing was chaired by two Senators (Rubio and Menendez)  “both with a vast record of work against better relations between Cuba and the United States, and the promoters of all kinds of legislative and political proposals that affect the interests of the Cuban and American peoples, and only benefit an increasingly isolated minority that has historically profited from attacks on Cuba.” She continued:

  • “From [the hearing’s] very title “Attacks on U.S. Diplomats in Cuba,” it was evident that the true purpose of this hearing . . . was not to establish the truth, but to impose by force and without any evidence an accusation that they have not been able to prove.”
  • “The State Department does not have any evidence that allows it to affirm that there have been attacks against its diplomats in Havana, or that Cuba may be responsible, or have knowledge of the actions of third parties.”
  • “I categorically reiterate that the Cuban government has no responsibility whatsoever for the health conditions reported by U.S. diplomats. Cuba never has, and never will, perpetrate such acts, nor has it or will it permit third parties to act against the physical integrity of any diplomat, without exception. The Cuban government is aware of its responsibilities and fulfils them exemplarily.”
  • “I affirm that the investigation carried out by Cuban authorities, the results of which the State Department and specialized agencies of the United States have had ample and systematic access to, has shown that there is no evidence at all regarding the occurrence of the alleged incidents and no attack of any kind has occurred.”
  • “Nothing presented by the government of the United States throughout this period, including today, provides evidence that the health problems reported by its diplomats have their origin or cause in Cuba.”
  • “We reject the politicization of this matter and the unjustified measures adopted by the United States government, with a high cost for our population, Cuban émigrés and the U.S. people. We also condemn the political manipulation of these events by anti-Cuban elements, who seek to aggravate the bilateral atmosphere, with the sole purpose of returning to a an era of confrontation, with negative consequences for both countries and the region.”
  • “Cuba is a safe, peaceful and healthy country for Cubans, for foreigners, for accredited diplomats and for the millions of people who visit us every year, including U.S.”[8]

This blogger’s opposition to Senator Rubio’s hostile approach to Cuba has been expressed in a prior post. That approach is against U.S. economic and strategic interests. It provides openings to Russia and the EU, for example, to pursue various developments with Cuba while the U.S. stands on the sidelines. Moreover, that approach contradicts Rubio’s stated desire to support Cuba’s emerging private sector and the Cubans investing and working in that sector.

Senator Rubio also erroneously stated that it is a fact that Cuba has one of the world’s most pervasive surveillance systems in the world and, therefore, has to know if some third-party has perpetrated attacks on U.S. (and Canadian) diplomats. At most that is an allegation or theory, which has been denied by Cuba. Rubio also ignores that whatever security and surveillance system Cuba has undoubtedly is prompted, at least in part, by the long history of U.S. hostility towards the Cuban Revolution, including covert or undercover efforts to promote regime change on the island. Moreover, in its responses to the medical problems of some of its diplomats in Cuba, the U.S. repeatedly has emphasized Cuba’s obligation under the Geneva Convention on Diplomatic Relations to protect other countries diplomats on the island, an obligation that presumably requires Cuba and other nations, including the U.S., to have some idea as to the whereabouts of  those diplomats.

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[1]  Senate Foreign Relations Comm., Subcommittee Hearing: Attacks on U.S. Diplomats in Cuba: Response and Oversight (Jan. 9, 2018); Reuters, U.S. Won’t Send Americans Back to Embassy in Havana Yet: U.S. Officials, N.Y. Times (Jan. 9, 2018); Assoc. Press, In Wake of ‘Attacks,’ Tillerson Not Returning Staff to Cuba, N.Y. Times (Jan. 9, 2018); Assoc. Press, US Considers Whether Virus Might Explain Attacks in Cuba, N.Y. Times (Jan, 9, 2018); Assoc. Press, US Says ‘Viral Attack’ Among theories in Cuba Illnesses, N.Y. Times (Jan. 9, 2018); Harris, U.S. to Open Formal Inquiry on Americans Sickened in Cuba, N.Y. Times (Jan. 9, 2018). In the days before the hearing, disputes erupted over what happened to the diplomats, as discussed in a prior post. (See also posts listed in the “U.S. Diplomats Medical Problems in Cuba” section of List of Posts to dwkcommentaries–Topical: CUBA.)

[2] Press Release, TOMORROW: Rubio Chairs Hearing on Attacks on U.S. Diplomats in Cuba (Jan. 8, 2017); Press Release, Menendez Opening Statement at Cuba Hearing (Jan. 9, 2018).

[3] Some Canadian diplomats in Cuba have suffered similar injuries or effects, but on January 10, a Canadian official said Canada has not reached any conclusions on the cause(s) of such ailments. Reuters, No Conclusion on Cause of Health Symptoms at Embassy in Cuba-Canada Official, N.Y. Times (Jan. 10, 2018).

[4] Press Release, Rubio Presses State Department on Response to Attacks on U.S. Diplomats in Cuba (Jan. 9, 2018).

[5] The State Department has a statutory obligation to “convene an Accountability  Review Board” . . .  not later than 60 days after the occurrence of an incident [of] . . . .any case of serious injury.” The Department also has an obligation to “promptly notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate of the incident” of the convening of such a board. (22 U.S.C. §4831.) U.S.

[6] U.S. State Dep’t, Press Gaggle (Jan. 9, 2018).

[7] The subcommittee members in attendance were Senators Rubio and Tom Johnson (Rep., WI), Bob Menendez (Dem., NJ),), another Cuban-American critic of normalization; Tom Udall (Dem., NM); and Jeanne Shaheen (Dem., NH). The absentees were Jeff Flake (Rep., AZ), a supporter of normalization who was just in Cuba; Cory Gardner (Rep., CO); Johnny Isakson (Rep., GA); and Tim Kaine (Dem., VA). Two of these absentees (Flake and Gardner) and Menendez were attending the simultaneous White House conference on immigration.

[8] Vidal, Cuba is a safe, peaceful and healthy country, Granma (Jan. 10, 2018).