Additional State Department Briefing on Helms-Burton Changes

A prior post discussed the changes in U.S. implementation of Title III of the Helms-Burton Act that were announced on April 17 by Secretary of State Mike Pompeo and discussed by an Assistant Secretary of State. That same day an unidentified senior official of the Department held a briefing for journalists, apparently at the U.S. Embassy in Havana. Here are highlights of that briefing.[1]

General Comments on Helms-Burton Act

“[U]nder Title III, Congress gave U.S. nationals with a claim to confiscated property in Cuba the right to file a lawsuit against the people or companies who were trafficking in that property.  But for more than 22 years, U.S. Presidents or Secretaries of State have suspended American’s rights under Title III which Congress authorized when both necessary to U.S. national interests and necessary to expedite a transition to democracy in Cuba.”

“Now our decision on Title III is fundamentally related to the actions of the Cuban regime.  After suspending Title III for more than 22 years in a row we still have not seen Cuba transition to democracy.  In fact the opposite is true.  Cuba shows no sign that it will achieve democracy in the near future as the repressive political situation in Cuba has persisted.  And even under a new leader in Cuba, nothing has fundamentally changed.  The recent illegitimate constitutional referendum on February 24th simply entrenched the one-party rule in Cuba, and of course the human rights situation in Cuba remains abysmal.”

“But not only has the situation in Cuba worsened, Cuba also actively undermines democracy in the region as a whole.  We’ve seen it export dictatorship, export torture, export arbitrary detentions, and export the harassment and intimidation of dissidents and opposition factors.  And in all of these actions Cuba continues to prop up the former Maduro regime which denies Venezuelans their right to self-determination.”

“So under the Trump administration U.S. policy towards Cuba will reflect reality.  Twenty-two years of suspending Title III has failed to advance the goal set forth by the legislation in the first place.  Secretary Pompeo’s decision today recognizes the truth of that failure and enacts Congress’ common sense policy to starve the Cuban regime of the wealth it needs to hold onto power while simultaneously supporting the people of Cuba.”

“So ending the suspension of Title III sends a strong signal against trafficking in these confiscated properties as well as opens a path for U.S. claimants whose property was confiscated by the Cuban regime to seek compensation.”

“[S]tarting with NSPM5 [National Security Presidential Memorandum], this administration has made clear its intent on holding the Cuban regime accountable for repression on the island and maligned activity overseas, while at the same time supporting the Cuban people.  And this administration will not allow those trafficking in confiscated property off the hook for their complicity in the regime’s malign behavior.”

“The purpose of the legislation as it was originally passed was to ensure that there was justice for those who had their property illegally confiscated by the Cuban regime.  So of course any European company, any American company, any company around the world that traffics in property that was confiscated by the regime does have the possibility of being hit by this legislation.”

“So I wouldn’t be comfortable giving an assessment on how many companies that applies to, but the LIBERTAD Act also does include certain conditions and requirements to bring an action under Title III.  So in that instance we advise potential plaintiffs to consult with legal counsel.”

Impact of U.S. Changes on Europe

“{O]ou relationship with our partners in Europe is very critical to this administration.  We’ve consulted with them numerous times.  We’ve taken into account their considerations and their concerns. . . . we all agree on the broader strategy to promote democracy and human rights in Cuba.  There is some disagreement on the tactics to get there.”

“[W]hether the Europeans would be taking this to the World Trade Organization, I would just defer to them on their response and what their actions will be, and just simply reiterate that we here are implementing the laws passed by Congress.”

“With this . . . implementation of this legislation we are not targeting any specific countries or specific companies.  The Secretary has made very clear that this is a decision not to waive, that has no exceptions.  So there is no direct targeting reflected here.”

“And in terms of the broader message that we’re trying to communicate writ large, it is the administration’s continued focus on holding the Cuban regime accountable for human rights abuses, and again, simultaneously supporting the people of Cuba in their fight for democracy. [No response to question about impact on Russia.]

“[T[his administration is very committed and clear-eyed in its focus on bringing human rights to Cuba.  This decision is part of a long trajectory that started with NSPM5 and continues with the Cuba restricted list with this decision.  I think you will continue to see decisions and announcements from this administration up to and until a moment when we have democracy in Cuba.” [No response to question about possible re-designation of Cuba as a State Sponsor of Terrorism.]

Cuba and Venezuela

“We have already begun to undertake a number of actions when it comes to Cuba’s role in Venezuela.  As mentioned, this is based [on] . . . the Cuban regime’s activities, both inside Cuba as well as its actions inside Venezuela.”

So we have been very clear on our intent to ratchet up that pressure.  We’ve also been clear that we’re monitoring the impact, the recent suspensions had on bringing about meaningful reform in Cuba.  And we have seen none of those things”

“{T]his is administration has already come out with a number of sanctions and designations specifically related to Cuba’s, the relationship between Cuba and Venezuela, so that again is an indication that we are willing to ratchet up the pressure with respect to Cuba’s foreign intervention in that country.”{

We would agree, there definitely is military intervention in Venezuela.  It’s not on the part of President Juan Guaido or the United States.  It is uniquely on the part of former regime leader Nicolas Maduro, the Cubans, the Russians, and the Iranians.  It is something that we do not accept.  The Lima Group recently announced that they do not accept this intervention.  It is against all of the principles of non-intervention that are held so dear to the people of the Western Hemisphere.  So we absolutely agree with that assertion.”

“We have no tolerance or patience for the recent landing of Russian military personnel inside Venezuela.  We have no tolerance or patience for the way the Cuban regime treats the people of Venezuela, how it props up the Maduro regime, how it provides repression training and tactics to Sebin and others.  So accordingly we are and will continue to take action.”

“We know that there are Cuban military and intelligence services present in Venezuela.  It is widely known both inside and outside of Venezuela that these officers are deeply entrenched in the Venezuela state.  They are the ones providing physical protection and other support directly to Maduro and to the inner circle.  And Maduro himself has made no secret of his partnership with the Cuban armed forces’

In October 2018 Maduro celebrated the deployment of Cuban Special Forces units which were called the Black Wasps, to the Venezuelan-Colombia border for provocative military exercises, and we’ve seen publicly the provocative actions undertaken by the Russians in recent weeks as well.”

In terms of the next steps that we can do, . . . on April 12th the United States sanctioned four companies for operating in the oil sector of the Venezuelan economy and identified nine vessels as blocked properties pursuant to an Executive Order.  Those actions were themselves a follow-on to previous designations and identifications announced earlier in the month which targeted entities and vessels known to be involved in the transportation of crude oil from Venezuela to Cuba.”

All “of these actions are aligned with our broader Venezuela strategy which seeks to hinder the former Maduro regime’s ability to line its pockets with the profits from natural resources that properly belong to the people of Venezuela but that Maduro himself steals.  And it’s also very consistent with our policy approach when it comes to Cuba, which is making sure that we are again holding the regime accountable for its abuses, both inside the country as well as its abuses outside the country.”

Potential Claims for Expropriated Cuban Property

The U.S. “ Foreign Claims Settlement Commission has certified nearly $2 billion worth of claims.  That doesn’t include possible interest.  The United States did an assessment, . . .in 1996, where we saw that there were over 6,000 certified claims.  However,  . . . [today’s] determination is not specifically focused only on certified claims . . . [and] there could be as many as 200,000 certified claims [and] uncertified claims.  That’s why we can’t give a concrete assessment of exactly how many companies or how much money this would entail.  However it’s possible that it could be in the tens of billions of dollars.”

“Title IV  [of the Helms-Burton Act] was never suspended, and what I can say is that we are going to be ramping up investigations in that space as well.”

Conclusion

Exceedingly important facts are ignored by the U.S. cancelling further waiver of Title III of the Helms-Burton Act, by the U.S. current discussion of the claims by U.S. nationals for Cuba’s expropriation of their property on the island, by the above comments by a State Department official as well as Secretary Pompeo’s April 17 announcement of the changes regarding the Act and by the subsequent briefing by Assistant Secretary Breier, as set forth in a prior post.

First, Cuba has consistently recognized that it has an obligation under international law to pay fair compensation for all property that was expropriated in the early years of the Cuba Revolutionary Government. [2]

Second, Cuba has negotiated and paid such expropriation claims by claimants from other countries. [2]

Third, during  the Obama Administration in 2015-2016 held bilateral meetings with Cuba in Washington, D.C. and Havana on many issues that had accumulated during the 50-plus years of U.S.-Cuba estrangement. One such subject was compensation for U.S. claimants for expropriated property. However, there was no resulting agreement on this and many other subjects. I suspect this was due to the complexity of these many issues, potential U.S. political difficulties in approving any such settlement and Cuba’s lack of money to pay such U.S. claims. [2]

Fourth, as a result, this blog has proposed, in an earlier post, that the U.S. and Cuba should agree to an international arbitration over this and other U.S. and Cuba damage claims. (Remember every Fall at the U.N. General Assembly Cuba alleges large amounts of damages from the U.S. embargo when the Assembly overwhelmingly approves Cuba’s resolution condemning that U.S. embargo and this Cuba claim would also be part of the arbitration.) This is a peaceful, responsible way to settle these claims, and frequently in U.S. litigation over large, competing claims, settlements frequently occur after the parties become further educated about the merits and risks of such claims.

The current U.S. bluster over the Helms-Burton Act totally fails to recognize this solution to the issue of compensation of U.S. nationals for expropriation of their property in Cuba.

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[1] U.S. Embassy in Cuba, Telephonic Press Briefing with Senior State Department Official  on the U.S. Policy Towards Cuba (April 17, 2019).

[2] See posts listed in the “U.S. (Obama) & Cuba (Normalization), 2015” and “U.S. (Obama) & Cuba (Normalization), 2016” sections of List of Posts to dwkcommentaries–Topical: CUBA.

 

Opening the U.N. Security Council’s Draperies Uncovers Forgotten History

This month Germany, serving as President of the United Nations Security Council, decided to open its curtains facing the East River of New York City. In so doing, Germany uncovered a forgotten piece of New York and U.N. history.

Opening the Curtains [1]

The German UN mission celebrated its month-long presidency with the symbolic step of calling for the heavy drapes covering the Council’s two-story high windows to be pulled aside to let the sunshine of a New York spring day flood into the Council chamber and on to its famous horseshoe-shaped table. Here is its photograph of the undraped chamber.

The mission’s purpose in so doing was expressed in its Twitter account. “Sunshine during today’s debate in the #UNSC–a rare occurrence throughout its 75-year history. #Transparency & openness to broader @UN membership & civil society are crucial not just symbolically, but also in practice for credibility & legitimacy.”

 The Previous Closing of the Curtains

The curtains had not been opened since their closing after a bazooka shell had been fired from the other side of the East River at the U.N. building on December 11, 1964, but had fallen 200 yards short of the target. A subsequent investigation concluded that if the bazooka had been properly aimed, it would have penetrated the building, especially if it had struck a window. Therefore, the curtains were drawn to protect diplomats and others in the Council’s chamber from flying shards of glass.

The Bazooka Attack on Che Guevara [2]

This bazooka attack happened while Cuba’s Che Guevara was addressing the U.N. General Assembly and while Cuban exiles in the U.S. were at the U.N. entrance on the west side of the building to protest the Cuban Revolution.

Although the blast was heard in the General Assembly, it did not interrupt Che’s speech denouncing the U.S. A subsequent post will discuss that speech.

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[1] Borger, Curtains opened on UN security council for first time since attack on Che Guevara, Guardian (April 4, 2019); German Mission to UN, Twitter Account (April 3, 2019).

[2] Bazooka Fired at U.N. as Cuban Speaks; Launched in Queens, Missile Explodes in East River, N.Y. Times (December 12, 1964).

 

U.S. National Security Advisor Announces New U.S. Hostility Towards Cuba

On November 1, immediately after the U.N. General Assembly’s overwhelming condemnation of the U.S. embargo (blockade) of Cuba that was discussed in a prior post, U.S. National Security Advisor John Bolton in a speech at Miami Dade College’s Freedom Tower announced new sanctions against Cuba, Venezuela and Nicaragua. The same day in an interview by the Miami Herald, Bolton made other assertions about the U.S. and Cuba.

Bolton’s Speech[1]

Bolton opened by saying the U.S. was “confronted once again with the destructive forces of oppression, socialism, and totalitarianism” and “the perils of poisonous ideologies left unchecked, and the dangers of domination and suppression.”

Now this administration “will no longer appease dictators and despots near our shores,. . . [and] will not reward firing squads, torturers, and murderers.” Instead the U.S. “will champion the independence and liberty of our neighbors . . . [and] will stand with the freedom fighters” against the “Troika of Tyranny in this Hemisphere—Cuba, Venezuela, and Nicaragua.”

“This Troika of Tyranny, this triangle of terror stretching from Havana to Caracas to Managua, is the cause of immense human suffering, the impetus of enormous regional instability, and the genesis of a sordid cradle of communism in the Western Hemisphere.” The “Cuban, Venezuelan, and Nicaraguan people suffer in misery because socialism has been implemented effectively. “

Bolton’s harshest rhetoric was reserved for the regime in Havana, which he accused of silencing “dissidents and suppressing every kind of freedom know to man.” There, “a brutal dictatorship under the façade of a new figurehead continues to frustrate democratic aspirations, and jail and torture opponents.”

“In Cuba, we continue to stand firmly with the Cuban people, and we share their aspirations for real, democratic change. Members of this administration will never take a picture in front of an image of Che Guevara, as Barack Obama did.. . . [The] National Revolutionary Police force [is] the agent of oppression of the Cuban people. This oppression of dissidents and suppressing every kind of freedom known to man is what typifies the regime in Havana.”

“Under this administration, there will no longer be secret channels of communication between Cuba and the United States.” (this suggests the elimination of various bilateral meetings on various subjects in Havana and Washington that were started in the Obama Administration and so far continued by the Trump Administration.[2])

“The [U.S.] will not prop up a military monopoly that abuses the citizens of Cuba.” The current U.S. “policy includes concrete actions to prevent American dollars from reaching the Cuban military, security, and intelligence services. . . .[We] have been tightening sanctions against the Cuban military and intelligence services, including their holding companies, and closing loopholes in our sanctions resolutions. In this respect, I believe that within days the administration will add over two dozen additional entities owned or controlled by the Cuban military and intelligence services to the restricted list of entities with which financial transactions by U.S. persons are prohibited. And I believe even more will come as well. The Cuban military and intelligence agencies must not profit from the United States, its people, its travelers, or its businesses.” (Nearly 200 agencies, companies and hotels already on the list.[3])

“In response to the vicious attacks on Embassy Havana, we have also scaled back our embassy personnel in Cuba. This President will not allow our diplomats to be targeted with impunity. And we will not excuse those who harm our highest representatives abroad by falsely invoking videos, or concocting some other absurd pretext for their suffering.”

“We will only engage with a Cuban government that is willing to undertake necessary and tangible reforms—a government that respects the interests of the Cuban people.”

Bolton even may have hinted at U.S. efforts to topple the governments in these three countries when he said, “We are an impatient people too and it’s time to see the people of those three countries have free governments.”

Bolton’s Interview[4]

In an interview the same day by the Miami Herald, Bolton again addressed the subject of U.S. diplomats who have suffered medical problems that surfaced while they were stationed in Cuba. “I think it’s very important that somebody must be held accountable for what happened to our diplomats. It’s a fundamental principle of how America operates in the world, that Americans abroad do not get harmed with impunity,”

“There is no conceivable theory [whether] it was accidental or somehow caused by some equipment malfunction” that absolves Cuba, Bolton said. “We are continuing to be concerned for the safety of our personnel. We are not satisfied with the performance of the government of Cuba respecting their security, so we are going to take a very careful look at that and make some decisions.”

Bolton also 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. (A provision of the Helms-Burton law that allows such lawsuits has been regularly suspended every six months by both Republican and Democratic presidents. Failure to suspend it again would allow the lawsuits to be filed.[5])

Other measures under consideration include insisting that Cuban workers on U.S. companies’ projects on the island be hired directly so that the workers  get to keep all of the wages paid by the companies, rather than have the Cuban government skim significant portions of those wages.

The U.S., said Bolton, opposes any increase of Russian involvement in Cuba and that hopefully the next time President Trump meets Putin that message will be communicated.

Reactions to Bolton’s comments[6]

Cuba immediately condemned Bolton’s harsh comments about the island., saying that the new sanctions were a futile attempt to change Cuban policies and would only further isolate the U.S. internationally.

“We energetically reject these measures which will impact the economy and country’s development on top of the impact of the economic blockade,” the Director of U.S. affairs at the Foreign Ministry, Carlos Fernandez de Cossio, said at a Havana press conference. “They will fail. They will not break the will of Cubans.”

In particular, the Cuban official attacked the possibility of the U.S.’ allowing  U.S. citizens whose property was seized by the Cuban government to sue foreign companies that have invested in the properties on the island. Fernandez de Cossio said such a measure would be unprecedented and violate international law, further isolating the U.S. “There is no possibility whatsoever for people who abandoned Cuba and abandoned property in Cuba to come back and claim them,” he said.

However, Cuba reiterated its openness “to having a frank, professional, open and respectful dialogue with the U.S. Cuba is open to discussing any topic, if it’s based in respect.”

Conclusion

Given Bolton’s long record of hostility towards Cuba, this speech and interview are not surprising. Yet as the Vox article stated, they sound “like a renewal of America’s Cold War stance toward Latin America, [when] US spent decades opposing, and in some cases fighting, communist forces. From Nicaragua to Guatemala to Chile, [and when] the US used its power to squash many left-leaning movements in the region mostly because of its opposition to the Soviet Union.”

Needless to say, John Bolton’s service as National Security Advisor, in this blogger’s opinion, is an unmitigated disaster on many levels, including these recent comments about U.S. policies regarding Cuba and other countries in Latin America. Yes, there are U.S.-Cuba disagreements, but the proper way to address, and hopefully resolve, them is through the ongoing, respectful bilateral meetings.

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[1] White House, Remarks by National Security Advisor Ambassador John R. Bolton on the Administration’s Policies in Latin America (Nov. 2, 2018); Ward, John Bolton just gave an “Axis of Evil” speech about Latin America, Vox (Nov. 1, 2018); Assoc. Press, US vows tough approach to Venezuela, Nicaragua and Cuba, Wash. Post (Nov. 1, 2018); U.S. National Security Advisor talks Venezuela, Russia and Cuba relations, and the alleged attacks on U.S. personnel in Cuba, Miami Herald (Nov. 1, 2018); Rogin, Bolton promises to confront Latin America’s ‘Troika of Tyranny,’ Wash. Post (Nov. 1, 2018); Gaouette, Bolton praises Brazil’s far-right leader, slams Latin America’s ‘troika of tyranny,’ CNN (Nov. 1, 2018); Rodriguez, Bolton praises Brazil’s Bolsonaro as a ‘like-minded’ partner, Politico (Nov. 1, 2018); Wemer, John Bolton Takes Latin American “Troika of Tyranny” to Task, Atlantic Council (Nov. 1, 2018); McBride, Trump Administration Tightens Sanctions Against Cuba, Venezuela, W.S.J. (Nov. 1, 2018).

[2] See these posts to dwkcommentaries: U.S. and Cuba’s Efforts To Continue Normalization (December 9, 2016); Recent U.S.-Cuba Developments (June 15, 2018); U.S. and Cuba Continue To Hold Dialogues on Common Issues (July 12, 2018).

[3] U.S. State Dep’t, List of Restricted Entities and Subentities Associated with Cuba as of November 9, 2017).

[4] Gámez Torres, Bolton: Somebody must be held accountable in Cuba attacks, Miami Herald (Nov. 1, 2018).

[5]   E.g., 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).

[6]  Assoc. Press, Cuba Condemn[s] US’s Latest Tough Talk About the Island, N.Y. Times (Nov. 2, 2018); Reuters, Cuba Lashes Out at Trump Administration Over New Sanctions, N.Y. Times (Nov. 2, 2018).

 

 

 

Yet Another U.N. General Assembly Resolution Condemns U.S. Embargo (Blockade) of Cuba 

On November 1, 2018, the United Nations General Assembly again overwhelmingly adopted a resolution condemning the U.S. embargo (blockade) of Cuba. The vote this year was 189 to 2 (the two negative votes were registered by the U.S. and Israel while Moldova and Ukraine did not vote).[1]

Also on November 1, the General Assembly overwhelmingly rejected all of eight amendments that were proposed by the U.S. with only Israel and Ukraine (plus the Marshall Islands on one of them) joining the U.S. in their support while 113 voted against them with 65 abstaining. . However, some delegations said they were not opposed to the content of the amendments, but voted against them because the resolution on the embargo was not their appropriate venue.

Cuba’s Report on Prior U.N. Resolution[2].

The debate on the resolution was preceded by  Cuba’s report, dated June 2018, that was called for by the previous U.N. General Assembly resolution on the subject.

The report commenced by saying, “The economic, commercial and financial blockade imposed by the government of the United States of America against Cuba for almost six decades is the most unfair, severe and extended system of unilateral sanctions ever applied against any country. From April of 2017 until March of 2018, the period with which this report deals, the blockade policy has intensified and it continues to be applied with all rigor.” (P. 48)

This report then alleged, “In the period considered by this report, the blockade has caused losses to Cuba for around $ 4.3 billion” and the “accumulated harm because of the blockade being applied for almost six decades reaches the figure of . . .  . $134.5 billion” (at today’s prices). (Pp. 48-49)

The Actual Resolution[3]

The actual resolution, “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba” (A/RES/73/8) had two principal operative paragraphs.

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 recalled “the measures adopted by the Executive of the United States [President Obama] in 2015 and 2016 to modify several aspects of the application of the embargo, which contrast with the measures announced on 16 June 2017 [by President Trump] to reinforce its implementation.”

The U.S. Proposed Amendments.[4]

Prior to the Session, the U.S. proposed the following eight amendments to the Cuban resolution:

  • The first called for the Cuban government to “grant its citizens internationally recognized civil, political and economic rights and freedoms, including freedom of assembly, freedom of expression and free access to information.”
  • The second manifested “serious concern that in Cuba the serious lack of access to information and freedom of expression, the total absence of judicial independence, and arbitrary arrest and detention, are undermining collective efforts to implement Goal 16 of Sustainable Development.”
  • The third expressed “concern that in Cuba the absence of women in the most powerful decision-making bodies . . . seriously undermines the collective efforts to implement Goal 5 of Sustainable Development.”
  • The fourth asserted concern over a Cuban “trade union monopoly . . ., the prohibition of the right to strike and restrictions on collective bargaining and agreements . . . [which] seriously undermine collective efforts to implement Goal 8 Sustainable Development.”
  • The fifth urged Cuba to “create and maintain, in law and in practice, a safe and propitious environment in which an independent, diverse and pluralist civil society can operate without undue obstacles and insecurity.”
  • The sixth urged Cuba “to put an end to the widespread and serious restrictions, . . . on the right to freedom of expression, opinion, association and peaceful assembly . . . .”
  • The seventh urged Cuba to “free arbitrarily detained persons for the legitimate exercise of their human rights, consider rescinding unduly harsh sentences for exercising such fundamental freedoms . . . .”
  • The eighth called for Cuba “to initiate an integral process of accountability in response to all cases of serious human rights violations. . . .”

The above mentions of  Sustainable Development Goals are references to the Sustainable Development Goals and 2030 Agenda that were adopted by U.N. Member States in September 2015.

On October 30, the Cuba Foreign Minister said the U.S. amendments “are aimed at “creating a pretext to tighten the blockade, and attempt to present the illusion that there is international support for the policy. . . . The U.S. delegation to the UN seeks to disturb, consume time, create confusion and hinder the adoption of the resolution calling for the end of the blockade against Cuba.

The Foreign Minister  added that these amendments “manipulate the issue of human rights and the Sustainable Development Goals.” But Cuba is “confident that the amendments will be rejected, and that the resolution will receive overwhelming majority support, as has happened in the past.”

 The Debate on the Resolution and Amendments[5]

According to an U.N. Press Release, on the morning of October 31, representatives of many countries “overwhelmingly called on the [U.S.]to end its economic,commercial and financial embargo against Cuba . . . amid demands for the cessation of unilateral coercive measures.” They said,”the nearly six‑decades‑long blockade imposed on the Caribbean island by Washington impedes its right to development and its ability to participate fully in the global economy.  They stressed that the [U.S.] must heed the Assembly’s repeated calls to lift its restrictive policies.”

Some speakers added “concern over recent policy shifts in Washington that are undoing progress made in 2015 and 2016 to normalize bilateral ties with Cuba.  The current [U.S.] Administration is pursuing efforts to strengthen the blockade, they warned.”

The Associated Press added that 135 countries spoke in favor of Cuba’s resolution and against the U.S. embargo and its proposed amendments.

The debate continued the next day and, according to another U.N. press release, Cuba’s Minister for Foreign Affairs Bruno Rodríguez said “the human damage caused by the United States‑led blockade against his country qualifies as an ‘act of genocide’ and creates obstacles for cultural, academic and scientific engagement throughout the island.”

He said the quantifiable damages caused by “the blockade amount to $933.678 billion and that over the past year losses in Cuba add up to $4.3 billion.  Still, Cuba has managed to achieve economic progress and offer extensive international cooperation.  ‘The blockade continues to be the main obstacle to the implementation of the Sustainable Development Goals,’ . . . [and] violates the right of Cubans to self‑determination.  ‘It is an act of oppression and an act of war.’”

“Mr. Rodríguez said there is a ‘ferocious intensification’ of the extraterritorial implementation of the blockade, particularly the persecution of Cuba’s financial transactions.  The embargo goes against the [U.N.] Charter and international law.”

U.S. Ambassador Nikki Haley said that the resolution “does not help a single Cuban family”and was “one more time that countries ‘feel like they can poke the United States in the eye’ . . . [while] the sorry state of liberty and human rights in Cuba is not lost on anyone.”

“She went on to say that the [U.N.]does not have the ability or the authority to end the [U.S.] embargo on Cuba.  It does, however, have the power to send a moral message to Cuba’s regime [and]  that the [U.S.’] proposed amendments are ‘your words’ . . .[i.e.] the words expressed by delegations on Cuba’s oppression and lack of freedoms.”

“Throughout the morning, speakers regretted that after 27 years of near‑unanimous support for the yearly resolution in the General Assembly, there is still no indication that Washington, D.C. will lift the embargo.”

Reactions to the Resolution [6]

After the passage of the resolution and rejection of the U.S. amendments,  Ambassador Haley said to the General Assembly, “I’m always taken aback when I hear applause in this chamber in moments like this, because there are no winners here today. There are only losers.The [U.N.] has lost. It has rejected the opportunity to speak on behalf of human rights. The UN Charter commits every country here to the promotion of peace, security, and human rights. And that Charter was betrayed today.”

“Once again, we were reminded why so many people believe that faith in the [U.N.] is often misplaced. The countries that profess to believe in human rights have lost, too. They have earned a justified measure of doubt that they will act to defend their beliefs. And most of all, the Cuban people have lost. They’ve been left, once again, to the brutal whims of the Castro dictatorship. They have been abandoned by the United Nations and by most of the world’s governments.”

“But the Cuban people are not alone today. The [U.S.] stands with them. The people of Cuba are our neighbors and our friends, and they are fellow children of God. The American people will stand with them until they are restored the rights that God has given us all. Rights that no government can legitimately deny its people.”

“While today’s votes were not admirable, they were highly illuminating. And that light contributes to the cause of truth, which is the essential basis of freedom and human rights”.

The previous day (October 31), the U.S. Embassy in Cuba accused the Cuban regime of using the embargo as a justification for its failed economic model and demanded that it stop blocking the development and progress of Cubans, It also said that in 2017 the U.S. exported food, agricultural products, medicines, medical devices, fertilizers, parts of civil aircraft, telecommunications equipment and other products to Cuba and that Cuba was free to trade with any other country.”

Conclusion

As an U.S. citizen-advocate for ending the embargo as soon as possible, I am not pleased with the U.S. opposition to this resolution and to the very hostile tone of Ambassador Haley’s remarks.[7]

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, nor will the U.S. write a check for Cuba in that amount. A prior post, therefore, suggested that the two countries agree to submit this claim 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.

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[1] U.N. Press Release, Amid Demands for Ending Unilateral Coercive Measures, Speakers in General Assembly Urge United States to Repeal Embargo Against Cuba (Oct. 31, 2018); Assoc. Press, The Latest: UN General Assembly Condemns US Embargo of Cuba, N.Y. Times (Nov. 1, 2018); U.N. Press Release, General Assembly Adopts Annual Resolution Calling for End to Embargo on Cuba, Soundly Rejects Amendments by United States (Nov. 1, 2018); Assoc. Press, The Latest: UN General Assembly Condemns US Embargo of Cuba, N.Y. Times (Nov. 1, 2018); Reuters, U.N. Urges End to U.S. Embargo on Cuba, U.S. Raised Rights Concerns, N.Y. Times (Nov. 1, 2018); Whitefield, U.S. highlights Cuba’s problematic human rights record but U.N. still supports lifting embargo, Miami Herald (Nov. 1, 2018).

[2] Cuba Foreign Ministry, Report by Cuba on resolution 72/4 of the United Nations General Assembly  (June 2018).

[3] U.N. Gen. Assembly, A/RES/73/8, Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba (Nov. 1, 2018).

[4] The eight US amendments to the resolution on the embargo that the UN will vote, Diario de Cuba (Oct. 26, 2018); Bruno Rodriguez: “We are certain the amendments will be rejected,” Granma (Oct. 30, 3018). The Foreign Minister made essentially the same points at another press conference on October 24. (Cuban Foreign Minister denounces U.S. maneuver to undermine international support for an end to the blockade, Granma (Oct. 25, 2018).

[5] U.N. Press Release, Amid Demands for Ending Unilateral Coercive Measures, Speakers in General Assembly Urge United States to Repeal Embargo Against Cuba (Oct. 31, 2018); Assoc. Press, Cuba Gets Support Before the UN Votes on Embargo, US Amendments, Wash. Post (Nov. 1, 2018); Cuba is not alone: Nations of the world highlight the absurdity of the U.S. blockade  against Cuba in the UN, Granma (Oct. 31, 2018).

[6] U.S. Mission to U.N., Remarks at a UN General Assembly Meeting on Cuba (Nov. 1, 2018); USA: The Government of Cuba ‘uses the embargo as an excuse for its failed economic model, Diario de Cuba (Nov. 1, 2018).

[7]  See posts listed in the “U.S. Embargo of Cuba” section of List of Posts to dwkcommentaries–Topical: CUBA.

Cameroon Elected As  Member of U.N. Human Rights Council

As has been discussed in many posts, for the last several years the government of Cameroon has been engaged in armed conflict with the minority of Cameroonians whose principal European language is English (the Anglophones). In the course of that conflict, the government allegedly has committed many human rights violations.[1]

This record and the objections against these acts were voiced by many other governments during Cameroon’s recent Universal Periodic Review by the U.N. Human Rights Council, which is the body within the U.N. system made up of 47 States responsible for the promotion and protection of all human rights around the globe. These Council members are elected by the majority of members of the U.N. General Assembly through direct and secret ballot. The General Assembly [purportedly] 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. (Emphasis added.)

Despite Cameroon’s dismal human rights record, on October 12, 2018, the U.N. General Assembly elected Cameroon to be a member of the Council for a three-year term beginning January 1, 2019.[2]

Amnesty International  Human Rights Watch and other rights groups objected to the election of Cameroon and certain other countries. “Elevating states with records of gross human rights violations and abuses is a tremendous setback,” said Amnesty International USA’s advocacy director, Daniel Balson. “It puts them on the world stage, and moreover, it empowers them to fundamentally undermine notions of human rights that are accepted internationally.[3]

In this context, Human Rights Watch raised “serious concerns about human rights in . . . Cameroon, . . . . [where] government security forces and armed separatists have committed grave abuses against residents of the country’s Anglophone region. The region has been rocked by protests and violent clashes rooted in longstanding political grievances of the Anglophone minority. While the government has taken some positive steps in recent months, including signing the Safe Schools Declaration, violence and abuses in the Anglophone region continue.”

The Council elections of Cameroon and four other African states (Burkina Faso, Eritrea, Somalia and Togo) are partially attributable to the Council’s allocation of 13 of the 47 seats to African states; and to three of the African members having terms ending on December 31, 2018 and being ineligible for re-election after having served two consecutive terms (Cote d’Ivoire, Ethiopia and Kenya). The other African members are Angola, Democratic Republic of the Congo, Egypt, Nigeria, Rwanda, Senegal, South Africa and Tunisia.[4]

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[1] See Cameroonian President Biya Wins Re-Election by a Landslide, dwkcommentaries.com (Oct. 26, 2018); Continued Violence in Cameroon, dwkcommentaries.com (Oct. 4, 2018). See also posts listed in List of Posts to dwkcommentaries—Topical: CAMEROON.

[2] U.N., General Assembly Elects 18 Member States to Human rights Council, Allowing Vote by 3 Member States in Article 19 Exemption over Financial Dues (Oct. 12, 2018).

[3] Assoc. Press, US, Rights Groups Say UN Rights Council Vote Lets Abusers In, N.Y. Times (Oct. 12, 2018); Human Rights Watch, UN: Philippines, Eritrea Don’t Belong on Rights Council (Oct. 11, 2018).

[4] U.N. Hum. Rts. Council, Membership of the Human Rights Council; U.N., General Assembly Elects 18 Member States to Human Rights Council, Allowing Vote by 3 Member States in Article 19 Exemption over Financial Dues (Oct. 12, 2018).

 

Increasing U.S.-Cuba Tensions

As discussed in a prior post, on October 16 Cuban diplomats staged a protest at a U.N.meeting of a U.S. initiative regarding Cuban political prisoners, which the post called “raucous . . . undiplomatic and rude and should be condemned.” This protest has provoked new tensions in U.S.-Cuba relations.

On October 23, U.S. Secretary of State Pompeo Held a press conference at the State Department. His prepared remarks included the following: “Last week, a delegation of Cuban diplomats threw a childish temper tantrum at a UN-sponsored gathering at the UN. It was a meeting highlighting the Cuban regime’s intolerance of political opposition and the plight of political prisoners. In response, I have written a letter to UN Secretary General Antonio Guterres requesting to know what measures the UN will take to respond to these actions and make sure that they do not happen again.”[1]

Immediately afterwards Secretary Pompeo met with the U.N. Secretary-General. According to the State Department, one of the points raised at this meeting by Pompeo was condemnation of “the outrageous and disruptive behavior of the Cuban and Bolivian missions to the U.N. . . . exhibited during a U.S.-hosted event on Cuban political prisoners on October 16.”[2]

Previously, on October 19, U.S. Ambassador to the U.N., Nikki Haley, sent a letter to the Secretary-General demanding a U.N. investigation of the Cuban and Bolivian disruption of the U.S. initiative about Cuban political prisoners. She said that these  actions Had “caused significant damages to [U.N.] . . .  property” and that these two governments  should be required to pay for such damages. In addition in an early morning tweet on October 23, Haley said the U.S. “will not allow its contributions to the UN to go toward repairing damage done deliberately and willfully by other delegations.”[3]

On October 24, Cuba Foreign Minister Bruno Rodriguez at  a press conference in Havana said that “the “repeated pronouncements of the government of the [U.S.] against Cuba have no other objective than to create a climate of greater bilateral tension” to divert attention from the upcoming U.N. General Assembly vote on October 31 on  Cuba’s annual resolution condemning the U.S. embargo (blockade) of Cuba.[4]

Rodriguez also criticized the U.S. newly-proposed eight amendments to the resolution about the embargo, one of which alleged Cuban discrimination against women and their lack of access to public office. Others criticized Cuba’s human rights and alleged failure to comply with the U.N’s sustainable development agenda. According to Rodriguez, such proposed amendments were part of “a maneuver for propaganda purposes” that sought to “try to change the spirit of the resolution.”

More generally Rodriguez stated, “The reiterated pronouncements of the US Government against Cuba have no other objective than to lead to a climate of greater bilateral tension. We regret that the US government advances in a confrontational course against our country. Our response will be the firmness of principles, the intransigence in the defense of national sovereignty, as in these 60 years of revolution.”

Conclusion

This increased tension is unfortunate and unnecessary. As this blog repeatedly has argued, the U.S. embargo (blockade) of Cuba should have ended a long time ago. New U.S. attempts to justify this unilateral U.S. action are flawed and unpersuasive. Meanwhile the Cuban protest at the recent U.N. meeting, while undiplomatic and rude and deserving of censure, is trivial in the overall relations between the U.S. and Cuba

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[1]  U..S. State Dep’t, Remarks to the Press [by Secretary Pompeo] (Oct. 23, 2018).

[2] U.S. State Dep’t, Secretary Pompeo’s Meeting with UN Secretary-General Guterres (Oct. 24, 2018).

[3] U.S. demands Cuban diplomats protagonists of the scandal at the UN, Diario de Cuba (Oct. 20, 2018); US Mission to the UN., Tweet (Oct. 23, 2018).

[4] Whitefield, Pompeo lambasts Cuba’s ‘childish temper tantrum’ at the U.N.; Cuba lashes back, Miami Herald (Oct. 24, 2018); Reuters, Cuba Says United States Pursues ‘Path of Confrontation,’ N.Y. Times (Oct. 24, 2018); Havana says Washington ‘tries to change the spirit’ of its resolution against the embargo, Diario de Cuba (Oct. 25, 2018); Cuba Foreign Ministry, Bruno Rodriguez: The US amendments, if they were not a politically serious event, would provoke laughter, Cubadebate (Oct. 25, 2018).

 

 

 

U.S. at U.N. Condemns Cuba’s Imprisonment of Political Opponents 

On October 12 the State Department announced that on October 16 the U.S. will commence a campaign “Jailed for What?” about the continuing plight of Cuba’s political prisoners. This will take place in the U.N. Economic and Social Council and will be led by Ambassador Kelley E. Currie, U.S. Representative to the Council and will also involve  Ambassador Michael Kozak of the U.S. State Department’s Bureau of Democracy, Human Rights, and Labor; Secretary General of the Organization of American States (OAS) Luis Almagro; Carlos Quesada, Executive Director of the Institute of Race and Equality; former Cuban political prisoner Alejandro Gonzalez Raga; and others.[1]

The Department’s release stated, “The estimated 130 political prisoners held by the Cuban government are an explicit sign of the repressive nature of the regime and represent a blatant affront to the fundamental freedoms that the [U.S.] and many other democratic governments support. Holding the Cuban regime responsible for its human rights violations and supporting the Cuban people’s aspirations to live in freedom are key components of President Trump’s National Security Presidential Memorandum of 2017.”

Cuban Protest

When the Council met on the 16th to consider this U.S. initiative, about 20 Cuban diplomats and supporters staged a noisy protest. [2] They shouted, chanted “Cuba si, bloqueo no [Cuba yes, blockade no]” in protest against a decades-old U.S. trade embargo that will be the subject of an October 31 resolution in the U.N.. General Assembly. They also banged their hands on desks to drown out the U.S. presentation.

U.S. Presentation

Nevertheless, U.S. Ambassador Currie and others, including OAS Secretary-General Almagro, persisted. The Ambassador’s prepared remarks were the following:[3]

  • “A few weeks ago, Cuban President Miguel Diaz-Canel came here to the United Nations and painted a rosy picture of his country as a paragon of solidarity, democracy, and human rights. But to the more than five thousand Cubans who were arbitrarily detained for political reasons in 2017, this is a sick joke.
  • More and more, Cuban repression relies on raids of activists’ homes and offices, short-term detentions, and public denunciations known as ‘repudio.’
  • At the same time, reputable NGOs report that well over 100 Cubans currently languish in jails or under house arrest as political prisoners. The Cuban government tried, convicted, and sentenced many on arbitrary charges like ‘contempt’ of Cuban authorities or ‘pre-criminal social dangerousness’ – bogus legal constructs meant to deny human beings of their most basic rights to free thought and expression.
  • In the case of independent journalist Yoennis de Jesus Guerra Garcia, it was the specious charge of illegally slaughtering livestock, which police found after he ran several press accounts critical of local authorities.
  • However, their real transgression was to protest, criticize the regime, question the irrevocable character of socialism in Cuba, or exercise their freedom of expression, as guaranteed by the Cuban constitution.
  • Cuba’s political prisoners are an explicit sign of the repressive nature of the regime and represent a blatant affront to the fundamental freedoms that the [U.S.]and many other democratic governments support, and that are enshrined in the Universal Declaration of Human Rights. The urgency of this injustice is exemplified by the grave state of health of Cuban democratic activist Tomas Nunez Magdariaga, who spent 62 days on a hunger strike in protest of his unjust imprisonment. We welcome his long overdue release and return home.[4]
  • President Trump is taking action to hold the Cuban regime responsible for its human rights violations and supporting the Cuban people’s aspirations to live in freedom.
  • Today, we come to the [U.N.] to remind the world that today, in Cuba, there are political prisoners. They come from all over Cuba, these men and women – activists, lawyers, workers, from different faiths and walks of life.
  • They are united in their quest to speak out for a better, freer, more democratic Cuba for themselves and their children. And their imprisonment is not only a violation of the fundamental freedoms all of us cherish, but it is also a human tragedy.
  • We are grateful for the participation today of OAS Secretary General Luis Almagro, who has championed the cause of democracy and human rights throughout the Americas, including for Cuba’s political prisoners.
  • We welcome Carlos Quesada, a civil society activist whose organization works side by side with activists in Cuba and other Latin American nations to enhance their ability to promote and protect the human rights of marginalized and vulnerable people.
  • We are especially honored to have with us today Alejandro Gonzalez Raga, a Cuban journalist and former political prisoner, who will tell us his firsthand experience of the horrors of the Cuban prison and justice system.
  • And we will hear from Miriam Cardet, whose brother, Eduardo, is currently serving a three-year sentence in a Cuban jail. Eduardo is a leader in the Christian Liberation Movement who criticized Fidel Castro in November 2016. Several days later, he was arrested. Though witnesses at the scene say authorities beat him during his arrest, it is Cardet who was sentenced for assault
  • The ‘Jailed for What’ campaign will draw attention to the cases of specific political prisoners.
  • We urge our partners to join with us in calling on the Government of Cuba to release all political prisoners.
  • Many Member States in the [U.N.] call themselves friends of Cuba. The [U.S.] is proud to call ourselves friends of the Cuban people.”

Afterwards Currie said, “I have never in my life seen diplomats behave the way that the Cuban delegation did today. It was really shocking and disturbing. You can understand very well why people feel afraid to speak their minds … with this kind of government, this kind of thuggish behavior. It has no place here in the United Nations.” She added that the U.S. would raise objections to this protest with the proper U.N. authorities.

Cuban U.N. Ambassador Anayansi Rodríguez Camejo protested to U.N. Secretary-General Antonio Guterres ahead of the event, and on Tuesday she described the event as a “political comedy. Cuba is proud of its human rights record, which denies any manipulation against it. On the contrary, the U.S. lacks the morals to give lessons, much less in this matter.”

Cuba’s Formal Opposition to the U.S. Initiative

Meanwhile in Havana the Cuba foreign Ministry released the following lengthy statement against the U.S. campaign:[5]

  • “The Ministry of Foreign Affairs of the Republic of Cuba rejects in the strongest manner the defamatory campaign against Cuba on human rights, launched on October 16, by the [U.S.] government at the headquarters of the [U.N.]
  • As already warned, this action is part of the sequence of declarations against our country made in recent weeks by high-level officials of the United States government, which show growing hostility towards Cuba and the Cuban Revolution.
  • It is striking that it takes place only two weeks before the vote by the UN General Assembly on the draft resolution entitled ‘Need to end the economic, commercial and financial blockade imposed by the United States government against Cuba.’
  • This type of action pursues the objective of making pretexts to maintain and intensify the blockade,which constitutes a massive, flagrant and systematic violation of the human rights of Cuban women and men.
  • The government of the United States has no moral authority whatsoever to criticize Cuba.Instead of worrying about the alleged ‘political prisoners”’who, they claim, would exist in Cuba, they should do so for the violations of human rights that take place in their own territory. In our country there are no political prisoners since the triumph of the Revolution in 1959.
  • A country whose electoral system is corrupt by nature and has a government of millionaires,destined to apply savage measures against low-income families, the poor, minorities and immigrants cannot speak of human rights and democracy . A country in which, in electoral campaigns and political processes, there are no ethical limits, hate, division, selfishness, slander, racism, xenophobia and lies are promoted. In which money and corporate interests are what define who will be elected.
  • In the [U.S.], the right to vote is denied to hundreds of thousands of Americans because they are poor. In nine states, those who have legal bills or judicial fines to pay cannot vote. In Alabama, more than 100,000 people with debts were removed from the voters lists in 2017. The information media are the preserve of corporate elites. An extremely small group of corporations controls the content that the public consumes, while any version or discrepant opinion is annulled or marginalized.
  • It is a shame that in the richest country in the world about 40 million people live in poverty, 18.5 million in extreme poverty and 5.3 million in conditions of absolute poverty. The life of the ‘homeless’ is miserable. In 2016, 553 742 people spent their nights outdoors in the [U.S.].
  • The design and application of policies has been hijacked by the so-called ‘special interests,’ that is, corporate money. The lack of education, health and social security guarantees, restrictions on unionization and terrible gender discrimination are everyday practices.
  • American women are clearly discriminated against in the workplace and continue to receive lower wages than men for doing the same jobs. The poverty, health and safety problems of children are worrisome. People with disabilities suffer violent abuse. Sexual harassment and widespread rapes motivate multiple complaints and protests. The murders of LGTBI people increased during 2017, in a context of continued discrimination against this group in state and federal legislation.
  • In the [U.S.], the average wealth of white families is seven times higher than the average wealth of black families. More than one in four black households had a net worth of zero or negative. The unemployment rate of blacks is almost double that of whites.
  • The government of the [U.S.] should answer for the 987 people who died during 2017 at the hands of law enforcement agents using firearms. According to these data, African-American people, who make up 13% of the population, accounted for almost 23% of the victims.
  • There is systematic racial discrimination in the application of the law and in judicial bodies. Black male offenders were sentenced, on average, to sentences that were 19.1% longer, than those offenders who were in similar situations.
  • Hate crimes based on race reached a record in recent years and only in 2016, a total of 6,121 hate crimes occurred in the [U.S.].
  • Violent crimes have been increasing. The government of that country, at the service of the arms lobby, does not exercise effective control over them, which caused a continuous increase in homicides, even among adolescents.
  • The [U.S.] should put an end to the separation of migrant families, and to the imprisonment of hundreds of children, even in cages, separating them from their parents. While the United States turns its back on the human rights mechanisms of the [U.N.], Cuba maintains a high level of activity and cooperation, which has earned it respect in the relevant organs of the Organization and among the member states.
  • The [U.S.], which was the promoter and support of the bloody military dictatorships in our region, with the complicity of the OAS, has declared the validity and applicability of the Monroe Doctrine as an instrument of foreign policy, in total disregard of the Proclamation of America. America and the Caribbean as a Zone of Peace.
  • In the Cuban archipelago, the only prisoners who are deprived of their rights and dignity, tortured and confined for long periods, without legal basis, courts of justice or due process, are the ones maintained by the [U.S.] government in the detention center. arbitrary and tortures in the Guantánamo Naval Base that illegally occupies part of our territory.
  • In the Monday session of the Commission of Socio-Humanitarian Affairs of the General Assembly of the [U.N.], the Permanent Representative of Cuba, Ambassador Anayansi Rodríguez Camejo, presented the denunciation of this provocation that received the express repudiation of 11 countries. The Ambassador of the [U.S.] to the ECOSOC, was left without arguments and in absolute isolation.
  • The Coordination Bureau of the Movement of Non-Aligned Countries, summoned in an emergency, met with the presence of 91 delegations, of which 17 intervened expressly in opposition to the slanderous maneuver.
  • The Permanent Missions of Bolivia, Nicaragua and Venezuela were there in solidarity with Cuba. As was seen in the television images, the Member States and the other guests, almost without exception, declined to participate in the farce on Tuesday, which was attended by ‘representatives’ of alleged ‘non-governmental’ organizations. . . .
  • Fulfilling scrupulously the requirements published by the Department of State, 22 representatives of 9 US non-governmental organizations that advocate the end of the blockade and the normalization of relations with Cuba were registered to participate. Curiously, all but one were prevented from attending by the undemocratic hosts. Other guests were expelled from the room.
  • The journalists, who ended up being the majority of those present, showed faces of fun or resignation, in the case of those intended to please the owners or publishers of the profitable disinformation industry.
  • It is of special concern that the anti-Cuban “event” was allowed to take place in the great headquarters of the [U.N.] Organization and that it was held on World Food Day, precisely by the State that votes against the The right to food” Resolution of the Human Rights Council and the General Assembly.
  • To do so, the rules governing the use of [U.N.] rooms and services have been violated, which make it clear that ‘only events that are consistent with the purposes and principles of the [U.N.] and are justified by their relevance to the work of the Organization.’The Department of State of the [U.S.] intends again to use the facilities of the [U.N.] as its private preserve. The Ministry of Foreign Affairs denounces that an action of this nature cannot be considered in accordance with the purposes and principles of the Organization, nor relevant to its work, when it is specifically directed against the independence and self-determination of a Member State, and in the framework of a campaign of hostility and threats against Cuba, repudiated by the international community.
  • The Ministry of Foreign Affairs respectfully requests from the General Secretariat of the [U.N.] a rigorous and urgent investigation of what happened, of whose result it informs the General Assembly in a timely and appropriate manner so that appropriate measures can be taken to prevent these aggressive acts against sovereign States. “ (Emphases in original.)

Conclusion

The raucous Cuban protest at the U.S. event was undiplomatic and rude and should be condemned. The lengthy formal statement from the Cuba Foreign Ministry also tested the limits of diplomatic norms, but it could have been submitted at the event without the spectacle of the Cuban protest.

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[1] State Dep’t, U.S. Mission to the United Nations and the Bureau of Democracy, Human Rights, and Labor To Launch Campaign on Cuba’s Political Prisoners at the United Nations (Oct. 12, 2018); Assoc. Press, US: Cuba’s Political Prisoners Are ‘Affront’ to Democracy, N.Y. Times (Oct. 15, 2018).

 [2] Reuters, At U.N., Cuban Diplomats Shout Drown U.S. Event on Political Prisoners, N.Y. Times (Oct. 16, 2018); Assoc. Press, Cuban Diplomats Disrupt UN Meeting Called by US on Prisoners, N.Y. Times (Oct. 16, 2018).

[3] U.S. Mission to the U.N.,  Remarks at a U.S. Event Launching the “Jailed for What?” Campaign Highlighting Cuba’s Political Prisoners (Oct. 16, 2018)

[4] On October 15,  Tomás Núñez Magdariaga was released from a Cuba prison after his 62 days on hunger strike. He asserted that he had been tortured five times in prison. (Released  Tomás Núñez Magdariaga after 62 days on hunger strike, Diario de Cuba (Oct. 16, 2018.)

[5] Cuba Foreign Ministry, Cuban Foreign Ministry rejects defamatory campaign to justify the blockade, CubaDebate (Oct. 16, 2018).