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).

Senators Menendez and Rubio Call for Restoring U.S. Parole Program for Cuban Doctors

On January 9,  Cuba-American U.S. Senators Bob Menendez (Dem., NJ) and Marco Rubio (Rep., FL) offered S.Res. 14—Affirming that the Government of Cuba’s foreign medical missions constitute human trafficking.[1]

This proposed resolution, however, is based upon a false premise as will be shown in the final section of this post. First, we will examine this new resolution itself and the two Senators statements in support of the resolution and then the basics of the Cuban medical mission program and the former U.S. immigration parole program for Cuban medical professionals engaged in that program.

The Cuban Medical Mission Program[2]

According to a 2011 article in the Wall Street Journal, since Cuba since 1973 has been sending medical ‘brigades’ to foreign countries, “helping it to win friends abroad, to back ‘revolutionary’ regimes in places like Ethiopia, Angola and Nicaragua, and perhaps most importantly, to earn hard currency. [The] Communist Party newspaper Granma reported in June [2010] that Cuba had 37,041 doctors and other health workers in 77 countries. Estimates of what Cuba earns from its medical teams—revenue that Cuba’s central bank counts as ‘exports of services’—vary widely, running to as much as $8 billion a year.”

Again, according to the same Wall Street Journal article, Cuban doctors often desire such overseas assignments because they provide opportunities to earn significantly more money than at home. “When serving overseas, they get their Cuban salaries [of $25 per month], plus a $50-per-month stipend—both paid to their dependents while they’re abroad. . . . In addition, they themselves receive overseas salaries—from $150 to $1,000 a month, depending on the mission.” Many on-the-side also engage in private fee-for-service medical practice, including abortions. As a result, many of the Cubans are able to save substantial portions of their overseas income, which they often use to purchase items they could not have bought in Cuba like television sets and computers. Other desirable purchases are less expensive U.S. products that they can sell at a profit when they return to Cuba.

In more recent years, many of the Cuban medical missionaries have gone to Venezuela and Brazil, the latter of which late last year terminated the program and most of the Cubans returned to the island, while some remained in Brazil.

The U.S. State Department in its annual reports on human trafficking has alleged that Cuba’s use of Cuban medical personnel in its foreign medical mission program constitutes illegal forced labor.[3] This allegation will be rebutted in the last section of this post.

The Former U.S. Immigration Parole Program fo Cuban Medical Professionals[4]

On August 11, 2006, the U.S. Department of Homeland Security in conjunction with the Department of State, announced a program] that . . . would allow “Cuban medical personnel conscripted to study or work in a third country under the direction of the Cuban government to enter the United States.”

Under the program “Cuban Medical Professionals” (i.e., health-care providers such as doctors, nurses, paramedics, physical therapists, lab technicians and sports trainers) are eligible if they meet the following criteria: (1) Cuban nationality or citizenship, (2) medical professional currently conscripted to study or work in a third country under the direction of the Government of Cuba, and (3) not otherwise ineligible for entry into the U.S. Spouses and/or minor children are also eligible for such parole.

The program “was the brainchild of Cuban-born Emilio González,” a former U.S. Army colonel, the director of the U.S. Citizen & Immigration Services from 2006 to 2008 and a “staunchly anti-Castro exile.” “He has characterized Cuba’s policy of sending doctors and other health workers abroad as ‘state-sponsored human trafficking.’” The Cuban doctors, he says, work directly for health authorities in other countries and have no say in their assignments.

On January 12, 2017, in the final days of his president, President Obama terminated this program. The announcement said that the U.S. “and Cuba are working together to combat diseases that endanger the health and lives of our people. By providing preferential treatment to Cuban medical personnel, the medical parole program contradicts those efforts, and risks harming the Cuban people.  Cuban medical personnel will now be eligible to apply for asylum at U.S. embassies and consulates around the world, consistent with the procedures for all foreign nationals.”

The Cuban government applauding the end of this program, said it “was part of the arsenal to deprive the country of doctors, nurses and other professionals of the sector, . . . and an attack against Cuba’s humanitarian and solidarity medical missions in Third World countries that need it so much. This policy prompted Cuban health personnel working in third countries to abandon their missions and emigrate to the [U.S.], becoming a reprehensible practice that damaged Cuba’s international medical cooperation programs.”

The termination of this program was welcomed by Senators Patrick Leahy (Dem., VT) and representative Kathy Castor (Dem., FL), but criticized by Senators Rubio and Menendez with Rubio expressly calling for the then new Trump Administration to restore the program.

The Proposed New Resolution[5]

After multiple Whereas clauses, the proposed Resolution would declare that it is the sense of the Senate that:

  • “The Government of Cuba subjected Cuban  doctors and medical professional participating in the Mais Medicos program to state-sponsored human trafficking;
  • Cuban doctors participating in the MaisMedicos program should have been permitted to work under the same conditions as all other foreign 9 doctors participating in the program;
  • the Government of Cuba should compensate  Cuban doctors that participated in the Mais Medicos programs for the full amount of wages that were garnished by the Government of Cuba;
  • Foreign governments that sign agreements with the Government of Cuba or the for-profit Cuban Medical Services Trading Corporation (CMS) or other companies affiliated with the Government of Cuba to procure the services of Cuban professionals  directly assume risks related to participation in forced labor arrangements;
  • The Pan American Health Organization must immediately provide greater transparency about its participation in the Mais Medicos program and its agreement with the Government of Cuba and the for-profit Cuban Medical Services Trading Corporation (CMS);
  • The United States Department of State must downgrade Cuba to Tier 3 in its annual Trafficking in Persons (TIP) report, given new evidence on Cuba’s foreign medical missions and the Government of Cuba’s longstanding failure to criminalize most forms of forced labor; and
  • the Department of State must re-establish the Cuban Medical Professionals Parole (CMPP) program.”

The Senators’ ‘Press Releases for the New Resolution[6]

The two Senators issued essentially identical press releases. Here is what Senator Menendez’s stated.

Senator Menendez condemned “ the Cuban regime for a program that sends tens of thousands of Cuban medical professionals to foreign countries to work under conditions that qualify as human trafficking.” In addition, he stated.“For 60 years, the Cuban regime has been finding new ways to exploit its people. Recent information from Brazil shows how the Cuban government profits from its state-sponsored foreign medical missions, which they sell as medical diplomacy but look a lot more like indentured servitude. This bipartisan resolution sheds additional light on the Cuban regime’s role in human trafficking, and is another call for greater accountability from Cuban officials, their overseas partners, and the international community.”

The press release also quoted Senator Rubio. ““It is outrageous, though not surprising, that the Cuban dictatorship continues to manipulate and traffic physicians in order to enrich itself. This form of forced labor should not go unnoticed by the international community. We must stand against the regime’s modern-day slavery scheme and support the doctors seeking justice after serving in these so-called international medical missions.”

Finally the press release stated that the “introduction comes after an investigative report by the Diario de Cuba recently revealed the indentured servitude of Cuban medical professionals described in Brazilian diplomatic cables detailing the terms of the Government of Cuba’s medical missions to Brazil. In 2016 alone, it is estimated that the Castro regime earned more than $8,000,000,000 from exporting the services of Cuban professionals, of which foreign medical missions represent the majority of the income.”

Analysis of the Merits of the Resolution[7]

The resolution is without merit and should be rejected. Why? Because the Cuban medical mission program is not illegal forced labor.

The U.S. parole program for Cuban medical personnel was and is also unjustified. Cuban students receive their medical education without any tuition. As a result, it is only reasonable to require such students, after receiving their medical degrees, to “give back” by serving on a Cuban foreign medical mission for which they are paid more than they would have earned in Cuba. Yes, the Cuban government is paid more for their services on such missions by foreign governments than the medical personnel are paid by the Cuban government, but that also is reasonable and appropriate. The contention that such service is illegal forced labor or semi-slavery is absurd.

  • First, the State Department reports admit that there is conflicting information and allegations on the foreign medical mission work. Coercion is alleged by “some participants” and unnamed “other sources.” On the other hand, the reports admit that the Cuban government denies these allegations, and instead the Government and “some participants” assert the postings are “voluntary and well paid compared to jobs within Cuba.” The reports also concede there is conflicting information on whether other means, including withholding Cuban passports, are used to coerce or force participants to remain in the program.
  • Second, there apparently has not been any fair adjudicative process to determine which of these conflicting sets of information is valid.
  • Third, the accusation of forced labor for such participants has been rejected in a study by Indiana State University’s Emeritus Professor of International Politics and Latin America, Dr. H. Michael Erisman. He says, although there may be “some cases where . . . [Cuban medical professionals] are pressured into accepting overseas assignments, . . . most evidence indicates that the overwhelming majority are motivated by philosophical and/or pragmatic considerations. In the first instance, one needs to understand that the Cuban medical profession . . . is permeated by norms which stress self-sacrifice and service to the community, both at home and abroad. At the core of this ethos is the principle, which is firmly entrenched in the curriculum of the island’s medical schools and reinforced throughout one’s career, that health care should not be seen as a business driven by a profit motive, but rather as a human right that medical personnel have an unconditional duty to protect. Such convictions often underlie participation in the medical aid brigades. There are, however, also some pragmatic factors that can come into play. Overseas service could . . . help to further one’s professional aspirations and for some assignments the total remuneration involved is more generous than what is available back in Cuba. . . . [T]hese are the considerations which apply to the vast majority of people” in such programs, not involuntary servitude.
  • Fourth, According to Granma, Cuba’s Communist Party’s newspaper, “Internationalist medical aid has been a longstanding part of the Cuban people’s tradition of solidarity, since the beginning of the Revolution. As early as 1960 a brigade was sent to Chile following an earthquake there, and to Algeria in 1963, to support the new country recently liberated from colonialism.” The Granma article included the reflection of four Cuban doctors who have participated in such missions and who treasure the positive impact of those experiences on their professional and personal lives.
  • Fifth, this reports do not cite to the relevant legal definition of “forced labor” to assess this claim. Most pertinent is Article 2(2) of the Forced Labour Convention, 1930, which states, in part, ”the term forced or compulsory labour shall not include . . .  any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country.” (Emphasis added.)

Moreover, as a previous post noted, a respected international journalist, Alma Guillermoprieto, recently reported that Cuban medical doctors serving on the island now earn $67 per month, but $500 per month when serving on a foreign medical mission.

The $67 monthly salary for Cuban physicians in Cuba compared with the $24 or $27 monthly income of other Cubans is a result of Cuba’s adoption of a “pyramid” compensation system whereby highly trained workers like physicians earn more than lower-skilled workers like busboys. This system, however, is being undermined by lower-skilled workers like gas-station attendants and waiters earning additional income from stealing and illegally selling gasoline and from earning tips in hard currency at restaurants and hotels serving foreign tourists. Indeed, Raúl Castro in his speech at the April 2016 Congress of the Communist Party of Cuba called this the “inverted pyramid” problem that had to be solved.

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[1] Resolution by Bob Menéndez and Marco Rubio asks to restore the US refugee program for Cuban doctors, DiariodeCuba Cuba (Jan. 10, 2019); Menéndez: the Cuban regime and its foreign partners ‘must be held accountable’ for the exploitation of doctors, DiariodeCuba (Jan. 10, 2019). 

[2]  See New York Times Calls for End of Special Immigration Relief for Cuban Medical Personnel, dwkcommentaries.com (Nov. 22, 2014). 

[3] See these posts to dwkcommentaries: U.S. Upgrades Cuba in State Department’s Annual Report on Human Trafficking (Aug. 7, 2015); U.S. Reasserts Upgrade of Cuba in Annual Report on Human Trafficking (July 2, 2016); Cuba’s Unchanged Status in U.S. State Department’s Annual Report on Human Trafficking (Aug. 15, 2017).

[4] Ibid;  U.S. Ends Special Immigration Benefits for Cubans, dwkcommentaries.com (Jan. 13, 2017). 

[5] S. Res. 14- a resolution  affirming that the Government of Cuba’s foreign medical missions constitute human trafficking. (Jan. 9, 2019); Sen. Menendez, Press Release: Senators Menendez, Rubio Introduce Senate Resolution Condemning Castro Regime’s Forced Labor of Cuban Doctors (Jan. 10, 2019);CubanSen. Rubio, Press Release: Rubio, Menendez Introduces [sic] Resolution Condemning Castro Regime’s forced Labor of Cuban Doctors (Jan. 10, 2019).

[6] Ibid.

[7] See posts listed in the “Cuban Medical Personnel & U.S.” section of List of Posts to dwkcommentaries.com—Topical (CUBA).

More Cuban Businesses Forbidden to U.S. Visitors

On November 14, the U.S. State Department announced that it was “adding 26 subentities to the Cuba Restricted List, including 16 hotels owned by the Cuban military [intelligence and security services or personnel]. The Department is also updating the names of five already listed subentities to ensure they remain current. . . .  Direct financial transactions [by U.S. nationals] with these entities and subentities are generally prohibited because they would disproportionately benefit those services or personnel at the expense of the Cuban people or private enterprise in Cuba.” [1]

The 26 new names range from the new five-star Iberostar Grand Packard and Paseo del Prado hotels in Old Havana to modest shopping centers in beachside resorts far from the capital. They join the list of 179 other Cuban entities on the Cuban Restricted List that the State Department first issued on November 8, 2017.[2]

This change was predicted in a speech earlier this month by National Security Advisor John Bolton.[3]

However, it must be remembered that U.S. travel to Cuba is still legal under 12 general licenses that are published by the U.S. Treasury Department’s Office of Foreign Assets Control. [4]

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[1] U.S. State Dep’t, State Department Updates the Cuba Restricted List (Nov. 14, 2018); U.S. State Dep’t, List of Restricted Entities and Subentiies Associated with Cuba as of November 15, 2018 (Nov. 15, 2018); Assoc. Press, US Adds New Sanctions on Cuba Tourist Attractions, N.Y. Times (Nov. 14, 2018); Sánchez, History repeats itself: new US measures UU against Cuban entities, Granma (Nov. 15, 2018).

[2] See these posts to dwkcommentaries: New Restrictions on U.S. Travel to Cuba and Transactions with Certain Cuban Entities (Nov.8, 2017); Reactions to New U.S. Regulations About U.S. Travel to Cuba and Transactions with Cuban Entitties (Nov. 9, 2017); Additional Reactions to New U.S. Regulations Regarding Cuba (Nov. 11, 2017); Trump’s New Regulations Adversely Affect Cuban Entrepreneurs (Nov. 18, 2017).

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

[4] See posts to dwkcommentaries listed in footnote 2. See also U.S. Treasury Dep’t, Office of Foreign Assets Control, Frequently Asked Questions Related to Cuba (Nov. 8, 2017).

Forces Promoting U.S. Hostility Towards Cuba

A prior post reported U.S. National Security Advisor John Bolton’s saying the Trump Administration was considering allowing Cuban-Americans to sue companies and others who now control real estate on the island that was seized from them by the Cuban government.

According to the Miami Herald, other major forces behind this proposal are Senator Marco Rubio (Rep., FL) and other South Florida lawmakers.[1]

Rubio, who is seen as one of the president’s principal advisers on Western Hemisphere issues, has pushed the proposal with the White House, the National Security Council and the State Department and is also pressing for the administration to expand the list of Cuban companies that can be sanctioned, which is another measure that Advisor Bolton mentioned in Miami on November 2.

Senator Rubio himself documented these actions in a November 1 press release. It said, “I applaud the Trump Administration for once again supporting the freedom-loving people of Cuba, Venezuela, and Nicaragua. No administration has taken stronger measures to defend democracy and target tyranny in Latin America than this one, As the Cuban regime continues to export its communist agenda throughout Latin America, the United States and our allies must keep prioritizing freedom and human rights in the Western Hemisphere. Today’s speech by Ambassador Bolton on the ‘Troika of Tyranny’ should make it clear to everyone that the Administration is not done yet.”[2]

This press release also included Senator Rubio’s 2018 actions supporting the people of Cuba, Venezuela and Nicaragua.

Another Administration advocate of increased hostile actions against Cuba is Mauricio Claver-Carone,the new National Security Council’s Senior Director for Western Hemisphere Affairs. He is a  Cuban-American attorney who was the executive director of the U.S. Cuba Democracy PAC (one of the most active pro-embargo groups in Washington) and Capitol Hill Cubans blog,[3]

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[1] Ordońez & Gámez Torres, White House considers allowing Cuban Americans to sue for island properties left behind, Miami Herald (Oct. 31, 2018).

[2] Senator Rubio, English & Spanish: Rubio Commends the Trump Administration’s Commitment to Human Rights and Democracy in Latin America (Nov. 1, 2018).

[3] Mauricio Claver-Carone, the new Latino on Trump’s team, Al Dia (Sept. 19, 2018).

Cameroonian President Biya Wins Re-election by a Landslide

On October 22, the Cameroonian government finally released the official results of the October 7th  presidential election. President Paul Biya won re-election with 71% of the vote while his closest rival, Maurice Kamto, won 14%. Biya, now 85 years old, thereby extended his 36-rule and becomes the oldest leader in sub-Saharan Africa and one of the continent’s longest-serving rulers. [1]

The voter turnout, however, was only 54% because of a secessionist uprising in the Anglophone Northwest and Southwest regions, where less than 100,000 of the 5 million citizens voted. Indeed, on election day there was gunfire in those regions largest towns and separatists were scaring people from voting in what they deemed an illegal election.

There also were charges of election fraud from the losers. This was after a Cameroonian court had rejected their challenges to the election and after there were major troop deployments in major cities and banning of opposition rallies.[2]

The U.S. State Department immediately congratulated “the people of Cameroon for largely peaceful elections on October 7. We urge all parties – including the government – to respect the rule of law, resolve peacefully any disputes through established legal channels, and avoid hate speech.”

The State Department, however, added, “there were a number of irregularities prior to, during, and after the October 7 election. These irregularities may not have affected the outcome but created an impression that the election was not credible or genuinely free and fair.”In conclusion, the U.S. “strongly encourages both sides involved in the conflict affecting the Northwest and Southwest Regions of Cameroon to focus on resolving differences through peaceful dialogue and to allow unhindered access to humanitarian aid workers.”[3]

Immediately after the announcement of the election results heavy fighting broke out between the Cameroon army and separatist rebels with “many” people killed.[4]

These developments–the country’s Francophone-Anglophone and Boko Haram conflicts, the concerns about possible fraud in this last election and the post-election violence–were reviewed by a Washington Post foreign-affairs commentator, Siobhán O’Grady. She concludes that the post-election violence “may be a harbinger of what’s to come: At least 160,000 people are displaced within the country and tens of thousands of others have fled into neighboring Nigeria. Frustrations are now mounting across the country, and the International Crisis Group warned in a report that ‘ordinary people’s opinions are increasingly radical.’” Those “challenges “could soon become larger than . . .[the 85-year old Biya who spends much of his time in luxury residences in Europe] will be able to tackle.”[5]

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[1] Reuters, Biya Wins Cameroon Election to Extend 36-Year Rule, N.Y. Times (Oct. 22, 2018); Assoc. Press, Cameroon’s Biya Easily Wins 7th Term; Low Anglophone Turnout, N.Y. Times (Oct. 22, 2018); Kamto Declaration, YouTube (circa Oct. 23, 2018)

[2] Maclean, Gunfire in Cameroon’s anglophone regions deters voters on polling day, Guardian (Oct. 7, 2018); Reuters, Cameroon Court Rejects All Petitions Calling for Re-Run of Elections, N.Y. Times (Oct. 19, 2018).

[3] U.S. State Dep’t, Cameroon’s Presidential Election Results (Oct. 22, 2018).

[4] Reuters, Renewed Fighting Kills at Least 10 in Cameroon’s Anglophone Region, N.Y. Times (Oct. 24, 2018); Assoc. Press, Fighting Between Cameroon Military, Separatists Kills ‘Many,” N.Y. Times (Oct. 25, 2018).

[5] O’Grady. Cameroon is spiraling further into violence, Wash. Post (Oct. 26, 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).