U.N. General Assembly Again Condemns U.S. Embargo of Cuba

On November 6 and 7, 2019, the U.N. General Assembly debated and adopted Cuba’s annual resolution condemning the U.S. embargo (blockade) of Cuba, 187 to 3 (U.S., Brazil, Israel) with two abstentions (Columbia and Ukraine).[1]

Secretary-General’s Report [2]

Prior to the debate, the U.N. Secretary-General submitted a 167-page Report containing replies from 158 Governments, 33  U.N. organs and agencies and 1 observer.

Cuba’s 36-page Reply, dated July 16, 2019, covering the period April 2018 to March 2019, had the following sections: I. Continuity and tightening of the embargo policy. II. The embargo violates the rights of the Cuban people. III, Impact on the external sector of the Cuban economy. IV. The embargo violates international law. Extraterritorial application. V. Universal rejection of the embargo. Conclusions.

The Resolution [3]

The operative portions of the Resolution stated the following:

  • “2. Reiterates its call upon all States to refrain from promulgating and applying laws and measures of the kind referred to in the preamble to the present resolution, 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;”
  • “3. Once again urges 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.”

 The Debate Over the Resolution[4]

“Through the terms of the text, the Assembly reiterated its call upon all States to refrain from promulgating and applying laws and measures of the kind referred to in the text’s preamble, in conformity with their obligations under international law and the Charter of the United Nations, which reaffirm the freedom of trade and navigation.  The Assembly 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.”

Cuba’s Minister for Foreign Affairs, Bruno Eduardo Rodríguez Parrilla, said that in the last few months, President Donald Trump’s Administration has begun escalating its aggression against Cuba through non‑conventional measures to prevent the arrival of fuel shipments to the island country through sanctions and threats against vessels as well as shipping and insurance companies.”

The Cuba Foreign Minister added that in April “the United States announced it would allow lawsuits to be filed before United States courts against Cuban and foreign entities under Title III of the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 (Helms‑Burton Act). The blockade has caused incalculable humanitarian damages and qualifies as an act of genocide under 1948 Convention on the Prevention and Punishment of the Crime of Genocide.”

“For almost six decades, Cuba has been victim to the most unjust, severe and longest‑lasting system of sanctions ever applied against any country,” Mr. Rodriquez said, noting that the accumulated damages as a result of the blockade amount to more than $138.8 billion at current value.”

“The persecution of Cuba’s banking relations with the rest of the world continues,” Rodriguez said. “Remittances sent to Cuban citizens have been further restricted and the granting of visas further reduced.  The United States Government is set on sabotaging Cuba’s international cooperation in healthcare as well.  Cubans have no access to Government or private credit and are required to pay in cash for merchandise upon its arrival in port.”

Also speaking in favor of the Cuba resolution were representatives of 40 U.N. members.

Opposition, or course, came from the U.S. Ambassador to the U.N., Kelly Craft, who said that the U.S. has a sovereign right to choose which countries with which to trade.  ‘So it is worrying that the international community, in the name of protecting sovereignty, continues to challenge this right,” she said.  “The Assembly continues to entertain the claim, made explicitly and implicitly during the last 24 hours, that the Cuban regime has no other choice than to abuse its own people in response to the embargo.”

Ambassador Craft added, “the Cuban Government has arbitrarily arrested more than 50,000 human rights activists, journalists and others since 2010, she said.  That Government also deprives people of their right to free choice of employment, as well as freedom of opinion and expression.  In Cuba, all political parties besides the Communist Party are outlawed, political activists are silenced, and the country’s media is entirely controlled by the State.  All of these are choices that are not forced upon them by the United States embargo.  The country is also an active contributor to regional instability, collaborating with the former Maduro regime in Venezuela.”

Conclusion [5]

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.

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. As a retired attorney who litigated cases involving large alleged damages, I know that attorneys representing the U.S. with the aid of expert accounting witnesses would mount challenging cross-examination of Cuba witnesses and present direct evidence to prove any errors in Cuba’s calculations and assumptions.

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[1] Reuters, Exclusive: Brazil Likely to Vote With U.S. Against Cuba at U.N. Over Embargo (Nov. 6, 2019); U.N., Speakers in General Assembly Urge United States to Repeal Embargo Against Cuba, Criticizing Trump Administration for Intensifying Restrictions over Last Year (Nov, 6, 2019); LIVE: Cuba presents proposed UN resolution condemning U.S. blockade (I), Granma (Nov. 6, 2019); Minute by Minute: UN vote against the US blockade of Cuba, Cubadebate (Nov. 7, 2019); U.N., General Assembly Adopts Annual Resolution Calling on United States to End Embargo against Cuba, Brazil Rejects Text for First Time (Nov. 7, 2019Assoc. Press, UN Votes Overwhelmingly to Condemn US Embargo of Cuba, N.Y. Times (Nov. 7, 2019); LIVE: 187 votes in favor of Cuba leave the United States looking bad before the world, Granma (Nov. 7, 2019); U.N., General Assembly Adopts Annual Resolution Calling on United States to End Embargo against Cuba, Brazil Rejects Text for First Time (Nov. 7, 2019); Assoc. Press, UN Votes Overwhelmingly to Condemn US Embargo of Cuba, N.Y. Times (Nov. 7, 2019); Victory against the UN blockade, triumph of good over evil, Cubadebate (Nov. 8, 2019).

[2]  U.N. General Assembly, Report of the Secretary-General: Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba (Aug. 19, 2019). There were no statements from the U.S., Brazil, Israel and Ukraine while Colombia stated that “in accordance with the principles enshrined in the Charter of the United Nations, [it] reiterates that it has neither promulgated nor applied any unilateral laws or measures against Cuba, in keeping with its policy of respect for international law and its commitment to the principles of political independence, self-determination of peoples and non-interference in the internal affairs of other nations. Consequently, Colombia promotes the independent development of the internal policies of every nation and believes that any measure that undermines economic and commercial development and the well-being of the population should cease.”

[3] U.N. General Assembly, Draft Resolution: Necessity of ending the ecdonomic, commercial and financial embargo imposed by the United States of America against Cuba (Oct. 8, 2019).

[4] Bruno Rodriguez: ‘There is no Cuban family that does not suffer the consequences of the blockade (+ Video), Cubadebate (Nov. 7, 20MINREX, Rodriguez  Speech at U.N. (Nov. 6, 2019); U.S. Mission to U.N., Remarks at a U.N. General Assembly Meeting on the Cuba Embargo Resolution (Nov. 7, 2019); U.S. Mission to U.N., Remarks at a U.N. General Assembly Press Stakeout Following Vote on the Cuba Embargo Resolution (Nov. 7, 2019).

[5] This blog has commented on previous Cuba embargo resolutions at the U.N. General Assembly, proposed U.S. legislation to end the embargo and related subjects. See the posts listed in the “U.S. Embargo of Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA.