U.S. lease of Guantanamo Bay Cuba

Pentagon Planning for Long-Term Continued Use of Guantanamo Bay, Cuba

U.S. military officials this week told journalists that the U.S. was planning major improvements at Guantanamo Bay. They included a new dining hall with a lifespan of 20 years for guards at the detention center; barracks costing $150 million with a lifespan of 50 years; and a new super-max prison unit to replace one (Camp 7) that is in need of major repairs. [1]

Adm. John Ring, commander of the task force that runs the detention facility or prison, said, “Now my mission is enduring. So I have all sorts of structures that I have been neglecting or just getting by with that now I’ve got to replace.”

These thoughts were echoed by the commander of the guard force, Army Col. Stephen Gabavics, who said, “We’ve got to plan for the long term. We ultimately have to plan for whether or not they [the detainees] are going to be here for the rest of their lives.” He added, “We have the responsibility for the detainees that we have here, regardless of what the political flavor is outside there. We have the responsibility to provide for their safety, care and custody so all that we ask is that we get the resources we need to be able do that.”

Now there are 40 detainees at Guantanamo: five “who have been deemed eligible for transfer;” nine who have been charged in the military commission system and are in proceedings at various stages; and 26 who have neither been charged nor deemed eligible for transfer and who are being held in indefinite detention under what the U.S. asserts are the international laws of war. Of these, 15 are being held in Camp 7, the super-max unit for “high-value detainees” who were previously in CIA custody.

Conclusion

These U.S. thoughts and plans totally ignore the world-wide outrage over the U.S. operation of this detention facility, the continuing challenges to these operations under U.S. and international law; and Cuba’s repeated insistence that the U.S. continued use of Guantanamo Bay, especially the detention facility, is an illegal occupation. The U.S., on the other hand, has a non-frivolous argument that the use of the territory is legal under Cuba’s 1903 lease of same to the U.S. This blogger has proposed an international arbitration to resolve this dispute and with the ultimate solution being an agreement for a new lease at a much higher annual rental and with conditions on the U.S. use of the facility.[2]

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[1] Assoc. Press, US Military Plans for Future at Guantanamo Because of Trump, N.Y. Times (June 7, 2018).

[2] These and other issues are discussed in the posts listed in the “U.S. & Guantanamo Bay, Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA.

President Trump’s Message to the Cuban People

On May 20, the anniversary of Cuba’s 1902 declaration of independence from the U.S. after what we in the U.S. call the Spanish-American War, U.S. President Donald Trump issued the following message to the Cuban people:[1]

“The twentieth of May marks the celebration of Cuban independence won by patriots who wished for individual freedom and the right of self-determination, both of which have been tragically snuffed out by a tired Communist regime. Regardless, the brave people of Cuba continue to work—under continued oppression and extraordinarily difficult circumstances—to provide for their families and to restore human and civil rights. The names of great Cuban leaders who fought for independence, such as José Martí and Antonio Maceo, echo through history alongside names like Washington and Jefferson. The legacy of these leaders continues to inspire and encourage all peoples to remain committed to the fight for democracy and the restoration of political, economic, and religious freedoms.”
“The resilience of the Cuban people and the contributions of the Cuban-American community demand our respect. We are grateful for the many contributions in the world of literature, the arts, music, cuisine, and entrepreneurship that these communities have given us.”
“To the people of Cuba who yearn for true freedom, and to the Cuban-Americans who reside in the United States, Melania and I send our warmest wishes. On this special day, we remember the Cuban patriots who lit a flame of freedom that will never be fully extinguished as long as men and women can dream of a better tomorrow. Let us recommit ourselves to a better, freer future for the Cuban people.”

This Trump statement requires several comments.

First, under the first Cuban Constitution of 1902, the U.S. retained the right to intervene in Cuban affairs and to supervise its finances and foreign relations. Under the Platt Amendment, the U.S. leased the Guantánamo Bay naval base from Cuba. As a result, Cuba does not celebrate May 20. Indeed, for the U.S. to do so is an insult to Cuba.

Second, since 1959, Cubans celebrate their independence on July 26, the anniversary of the 1953 attack by Cuban rebels led by Fidel Castro on the Moncada Barracks, a military barracks in Santiago de Cuba, named after the General Guillermón Moncada, a hero of the Cuban War of Independence.. This armed attack is widely accepted as the beginning of the Cuban Revolution.

Indeed, a prior post told the story of the speech on July 26, 1991, in Matanzas Cuba by South Africa’s Nelson Mandela, who was inspired by Fidel Castro and the Cuban Revolution.

Third, the extent of political freedoms in Cuba today is a matter of debate with Trump expressing his Administration’s very negative views on the subject.

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[1] White House, Presidential Message on Cuban Independence Day (May 20, 2018); Trump calls for a ‘better and freer future’ for Cubans, Diario de Cuba (May 20, 2018). Trump issued a similar statement on May 20, 2017. (White House, Statement from President Donald J. Trump on Cuban Independence Day (May 20, 2017).)

U.S. Reactions to the New President of Cuba

A prior post reported the April 19 election of Miguel Díaz-Canel as the new President of Cuba. U.S. reactions to that election have been unanimous: at least initially there probably will be no major changes in Cuba’s international and domestic policies, and many also say there was not a democratic transition of power. Here is a sampling of these U.S. reactions.

U.S. Reactions

Soon after Raúl Castro in his April 19 speech referred to U.S. Vice President Mike Pence’s leaving the Summit of the Americas, Pence tweeted the U.S. will not rest until Cuba “has free & fair elections, political prisoners are released & the people of Cuba are finally free! #CubaLibre.”[1]

On April 18 a spokesperson for the White House National Security Council told an independent Cuban news outlet, “The United States has no expectation that the Cuban people will see greater liberties under Castro’s hand-picked successor. We will continue to show solidarity with the Cuban people in their petition for freedom and prosperity, so we are not expected to change our policy of directing funds to the Cuban people and away from Cuba’s military, security and intelligence services.”[2]

The previous day the spokeswoman for the U.S. State Department, Heather Nauert, said, “As we watch what’s taken place at the Cuba national assembly, we certainly see that that’s not a democratic transition. So when we see that something is not a democratic transition, that’s of great concern to us. We would like citizens to be able to have a say in their political outcomes, and this certainly does not seem like regular folks will have a say. . . . They basically don’t have a real or meaningful choice because it’s not a democratic process. We hope that Cuba’s new president will listen to the Cuban people. We’re not sure that that’s going to happen. We would like a more free and democratic Cuba. We will be watching but aren’t overly optimistic, because this isn’t a democratic process.”[3]

A New York Times editorial stated, “Rául Castro, who handpicked this loyal apparatchik as his successor, remains at the helm of the Communist Party and the armed forces; his son runs the intelligence services; his ex-son-in-law runs the military’s vast business interests. In his first speech, Mr. Díaz-Canel vowed there would be no “capitalist restoration” and concluded with a slogan that has not roused the masses for some time now: “Socialism or death! We will triumph!”[4]

The Times’ editorial also stated, “President “Trump should join with Cuba’s other neighbors to encourage the new Cuban leader to expand the private economy, release political prisoners, increase access to the internet, decentralize power and in other critically needed ways finally break his country out of the Castro cocoon.”

After noting his concurrence in not expecting major changes in Cuba, Christopher Sabatini, a lecturer at Columbia University’s School of International and Public Affairs and executive director of Global Americans, urges changes in U.S. policies regarding the island. He says, “While it is not in America’s interest to promote investment to prop up an anachronistic, repressive regime, it is also not in its interest to stand by while a neighbor’s fragile economy crumbles under the weight of its failed policies. In the worst of cases, an economic implosion would produce social unrest and waves of migrants to American shores.” To that end, he suggests, “Multilateral banks like the International Monetary Fund and the World Bank, at Washington’s urging, could be given special allowances to offer economic assistance to the next Cuban government while providing international cover for American-led efforts. Any aid should come with a strong message from Washington and the banks that the Cuban government must refrain from repression in response to protests.” Sabatini also recommends that the U.S. restore the full staffing of the U.S. Embassy in Havana.[5]

Engage Cuba, a U.S. coalition of businesses and others that supports U.S.-Cuba normalization, issued two statements about this change.[6]

The first one said this “is a historic and potentially transformative change. The new Cuban president will face an internal political struggle between continuity and reform. I hope that they choose reform and openness, including greater support for the private sector and access to the internet.” It added, “The [U.S.] must also seize this historic moment. After 60 years of a failed embargo, it is time to recognize that with this Cuban transition comes opportunity. We must show leadership and constructively engage. If President Trump is willing to meet with the hostile leader of North Korea, surely we can talk with Cuba. If the U.S. abandons Cuba and fails to lead, we can be sure our adversaries in China and Russia will fill the void, and the losers will be the Cuban people.”

The second press release from Engage Cuba stated the following:

“U.S. policy . . . [should] encourage the change we’d like to see. For almost 60 years we have pursued an embargo policy that has failed. With new generational leadership in Cuba, we now have an opportunity to reimagine our policy for the 21st century. We know that continuing the embargo will not work, so let us not double down on 60 years of failure. President Trump and Congress should seize this moment, support the Cuban private sector, let American businesses compete, and look to the future with a modern policy of constructive engagement. After all, the American and Cuban people overwhelmingly support engagement and improved relations. Washington politicians should listen to them for a change.”
“Diaz-Canel inherits the challenges of Castro’s Cuba, particularly on the economic front. In the interest of institutional continuity, reforms under Diaz-Canel are expected to be gradual. But market distortions caused by the country’s multiple exchange rates, slow GDP growth, and declining exports will test the new president’s ability to balance badly needed reform with preserving Cuba’s brand of socialism.”
“The transition comes at a time of historically low diplomatic engagement between the U.S. and Cuba. The health incidents affecting U.S. diplomats remain an unsolved mystery,which the State Department has used as a rationale for slashing U.S. embassy staff in Havana. Diplomatic personnel have been reduced to 40 percent capacity (12 officers), with no consular services for Cubans seeking U.S. travel or immigrant visas.”
“In this transitional period, the fragile U.S.-Cuba relationship poses national security risks for the U.S. Both Russia and China have ramped up exports and investment in Cuba and expressed interest in increasing military and intelligence presence in the region. Further U.S. withdrawal from Cuba could jeopardize the dozens of agreements and joint security initiatives between the two nations.”

The leading long-time U.S. opponent of normalization of U.S.-Cuba relations, Senator Marco Rubio (Rep., FL), stated, “The sham ‘elections’ in Cuba were nothing more than a predetermined charade by the Castro regime. With Raul Castro stepping down today, and his appointed crony Miguel Diaz-Canel taking his place, Cuba will continue to be imprisoned under the rule of an oppressive single-party political system. The Cuban dictatorship portrays this election as a step towards change, yet we know that Diaz-Canel and the regime will remain an enemy of democracy, human rights and the impartial rule of law. If Castro really wanted democratic change for Cuba, he would allow the Cuban people to determine their fate through free, fair, and multi-party elections. “[7]

Cuban Reactions Through U.S. Eyes

According to a U.S. journalist in Havana, no Cubans seemed to have been watching and listening to the televised April 19 speeches by Díaz-Canel and Raúl Castro. “Instead, a collective sense of apathy seemed to permeate Havana, a feeling that appeared to have been fostered, at least to some degree, by the government itself.” This was coupled with “a sense of hopelessness.”[8]

Conclusion

As apparent from many previous posts, this blog consistently has called for U.S.-Cuba normalization, rescinding the U.S. embargo (blockade) of Cuba, restoring the full staffing of our Havana Embassy and of Cuba’s embassy in Washington, D.C., rescinding the recent U.S. warning about U.S. citizens traveling to the island, ceasing U.S. efforts that seek to change Cuba’s regime, continuing the bilateral meetings that address issues of common concern and engaging in efforts to resolve other long-pending issues (U.S. claims for Cuban compensation for expropriation of property owned by American interests, Cuban claims for damages from the embargo and other actions and disputes about Cuba’s lease of Guantanamo Bay to the U.S.).

Such changes in U.S. policies would do a lot to encourage changes in Cuba’s policies and improve the lot of the Cuban people.

It must also be said that U.S. does not have standing to criticize Cuba’s not having a national popular election to choose its president. How can anyone forget that the U.S. still uses an antiquated indirect way (the Electoral College) to choose its president and vice president while some state voting laws have been designed to discourage voting by African-Americans.

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[1] Assoc. Press, The Latest: Pence tweets response to Cuba’s Raul Castro, Wash. Post (April 19, 2018).

[2] The White House rules out changes in its policy towards Cuba, Diario de Cuba (April 19, 2018).

[3] U.S. State Dep’t, Department Press Briefing-April 17, 2018.

[4] Editorial, A New Cuba After the Castros? Not Quite, N.Y. Times (April 20, 2018).

[5] Sabatini, We Shouldn’t Ignore Cuba, N.Y. Times (April 17, 2018).

[6] Press Release, Engage Cuba Statement on Selection of New Cuban President (April 19, 2018); Press Release, Engage Cuba Statement on Cuba’s Presidential Transition (April 19, 2018).

[7] Press Release, Rubio Statement on Sham Cuban “Elections,” (April 18, 2018).

[8] Ahmed, Cubans Doubt a Change at the Top Will Bring Change at the Bottom, N.Y. Times (April 21, 2018).

President Trump’s Unsound Action Regarding the U.S. Prison at Guantanamo Bay, Cuba

On January 30, just before leaving the White House for his State of the Union Address at the Capitol, President Donald Trump signed an executive order regarding the U.S. prison at Guantánamo Bay, Cuba.

The Guantanamo Bay Executive Order[1]

The Executive Order entitled “Presidential Executive Order on Protecting American Through Lawful Detention of Terrorists” started with these Findings:

“Consistent with long-standing law of war principles and applicable law, the United States may detain certain persons captured in connection with an armed conflict for the duration of the conflict” and that since 9/11 the U.S. “remains engaged in an armed conflict with al-Qa’ida, the Taliban, and associated forces, including the Islamic State of Iraq and Syria.” (Section 1(a), (b).)
“The detention operations at the U.S. Naval Station Guantánamo Bay are legal, safe, humane, and conducted consistent with United States and international law.” (Section 1(c ).) “Those operations are continuing given that a number of the remaining individuals at the detention facility are being prosecuted in military commissions, while others must be detained to protect against continuing, significant threats to the security of the United States, as determined by periodic reviews.” (Section 1(d).)

The Order than addressed the Status of Detention Facilities at U.S. Naval Station Guantánamo Bay. After revoking President Obama’s January 22, 2009, executive order ordering the closure of those facilities (Section 2(a)), it stated, “Detention operations at U.S. Naval Station Guantánamo Bay shall continue to be conducted consistent with all applicable United States and international law, including the Detainee Treatment Act of 2005” and the U.S. “may transport additional detainees to U.S. Naval Station Guantánamo Bay when lawful and necessary to protect the Nation.” (Section 2 (b), (c))

The Order also directed certain government officials to “recommend policies to the President regarding the disposition of individuals captured in connection with an armed conflict, including policies governing transfer of individuals to U.S. Naval Station Guantánamo Bay.” (Section 2 (d).)

There, however, were modest concessions to the plight of the detainees and other interests. It states, the detainees “shall [be] subject to the [previously established] procedures for periodic review . . . to determine whether continued law of war detention is necessary to protect against a significant threat to the security of the United States” (Section 2(e)); the order shall not “prevent the Secretary of Defense from transferring any individual away from the U.S. Naval Station Guantánamo Bay when appropriate, including to effectuate an order affecting the disposition of that individual issued by a court or competent tribunal of the United States having lawful jurisdiction” (Section 3(a); the order shall not “affect existing law or authorities relating to the detention of United States citizens, lawful permanent residents of the United States, or any persons who are captured or arrested in the United States” (Section 3(b); and the order shall not “prevent the Attorney General from, as appropriate, investigating, detaining, and prosecuting a terrorist subject to the criminal laws and jurisdiction of the United States” (Section 3 (c ).

The State of the Union Address[2]

The President announced that he had “just signed an order directing Secretary Mattis to reexamine our military detention policy and to keep open the detention facilities at Guantánamo Bay. I am also asking the Congress to ensure that, in the fight against ISIS and al-Qa’ida, we continue to have all necessary power to detain terrorists — wherever we chase them down.”

He also said, “My Administration has also imposed tough sanctions on the communist and socialist dictatorships in Cuba and Venezuela.”

Reactions

Roger Cohen, a New York Times columnist, said the prison at Guantanamo Bay “is widely viewed around the world as a facility incompatible with the American principles of fair trial, human rights and the rule of law.” Moreover, this decision “will be seen by many as a signal of an American return to the excesses of the war on terror — the use of torture, extraordinary renditions and C.I.A ‘black sites.’”[3]

Admiral Dennis Blair, the former Director of National Intelligence, said Cohen, once testified to Congress that the “detention center at Guantánamo has become a damaging symbol to the world and that it must be closed. It is a rallying cry for terrorist recruitment and harmful to our national security, so closing it is important for our national security.”

The Center for Constitutional Rights (CCR) stated, “Trump’s planned executive order is not the last word on the fate of Guantánamo, any more than his attempted Muslim bans and arbitrary transgender military ban—struck down by the courts—were the last word on those matters. CCR has filed a new legal challenge to the illegality and racism driving Trump’s Guantánamo policy and demanding detainees’ release. It is the courts, not the authoritarian-in-chief, that will ultimately determine the fate of the men detained at Guantánamo.”[4]

The just mentioned CCR action on behalf of 11 Guantánamo detainees was filed on January 11, 2018, in the U.S. District Court for the District of Columbia. It alleges that Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances is arbitrary and unlawful and amounts to “perpetual detention for detention’s sake.” This move was supported by Muslim, Faith-Based and Civil Rights Community Organizations.[5] On January 18, the court ordered the federal government to provide information about its Guantánamo policy.[6]

The New York Times in an editorial supported this challenge to the continued detention of individuals at the U.S. prison in Cuba. The editorial stated, “the men make a straightforward case for their release. The Supreme Court has ruled that prisoners at Guantánamo must have a “meaningful opportunity” to challenge the legal and factual grounds for their detention, which means that the federal courts have the power to review those claims and grant any appropriate relief. If the Constitution stands for anything, the plaintiffs argue . . ., it must stand for the proposition that the government cannot detain someone for 16 years without charge.”[7]

Conclusion

The U.S. prison at Guantánamo Bay has long been a major source of legitimate complaints against the U.S. and should be closed as soon as possible, not potentially expanded as this Executive Order would permit. In addition, this prison provides Cuba with its strongest argument that the U.S. has breached its 1905 lease of the site of the prison from Cuba.[8]

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[1] White House, Presidential Executive Order on Protecting American Through Lawful Detention of Terrorists (Jan. 30, 2018).

[2] White House, President Donald J. Trump’s State of the Union Address (Jan. 30, 2018).

[3] Cohen, Trump’s Volk and Vaterland, N.Y. Times (Jan. 31, 2018).

[4] Center for Const’l Rts, Guantánamo Attorneys blast Trump “Keep Gitmo Open” Order (Jan. 30, 2018).

[5] Brief of Amici Curiae Muslim, Faith-Based, and Civil Rights Community Organizations in Support of Petitioners’’ Motion for Order Granting Writ of Habeas Corpus, Awad al Bihani v. Trump, Case No, 1:09-cv-00745-RCL (D.D.C. Jan. 22, 2018).

[6] Center Const’l Rts, Court Orders Government to Clarify Guantánamo Policy, Attorneys React (Jan. 18, 2018); Order, Awad al Bihani v. Trump, Case No, 1:09-cv-00745-RCL (D.D.C.J an. 18, 2018).

[7] Editorial, Donald Trump vs. Guantánamo’s Forever Prisoners, N.Y. Times (Jan. 16, 2018).

[8] See these posts to dwkcommentaries.com: Resolution of Issues Regarding Cuba Lease of Guantánamo Bay (April 4, 2015); Resolution of U.S. and Cuba’s Damage Claims (April 6, 2016); Does Cuba Have the Right To Terminate the U.S. Lease of Guantánamo Bay? (April 26, 2015)

President Raúl Castro Discusses Cuba-U.S. Relations

On July 14, Raúl Castro Ruz, Army General, First Secretary of the Communist Party of Cuba Central Committee and President of the Councils of State and Ministers, addressed a session of Cuba’s legislature (the National Assembly of People’s Power).[1]

A previous post discussed his remarks about Cuba’s private sector. He also made the following comments about the history of Cuba-U.S. relations.[2]

Present Castro’s Comments

President Trump’s Policies Regarding Cuba

“This past June 16, the President of the [U.S.], Donald Trump, announced his administration’s policy toward Cuba, nothing novel for sure, since he retook a discourse and elements from the confrontational past, which showed their absolute failure for over 55 years.”

“It is evident that the U.S. President has not been well informed on the history of Cuba and its relations with the [U.S.], or on the patriotism and dignity of the Cuban people.”

Cuba-U.S. Relations, 1789-2014

“History cannot be forgotten, as they have at times suggested we do. For more than 200 years, the ties between Cuba and the [U.S.] have been marked, on the one hand, by the pretensions of the northern neighbor to dominate our country, and on the other, by the determination of Cubans to be free, independent, and sovereign.”

“Throughout the entire 19th century, invoking the doctrines and policies of Manifest Destiny, of Monroe, and the ‘ripe fruit,’ different U.S. administrations tried to take possession of Cuba, and despite the heroic struggle of the mambises,[3] they did so in 1898, with a deceitful intervention at the end of the war which for 30 years Cubans had waged for their independence, and which the U.S. troops entered as allies and then became occupiers. Negotiating with Spain behind Cuba’s back, they militarily occupied the country for four years, demobilizing the Liberation Army, dissolving the Revolutionary Cuban Party – organized, founded, and led by Martí – and imposed an appendix to the Constitution of the nascent republic, the Platt Amendment, which gave them the right to intervene in our internal affairs and establish, among others, the naval base in Guantánamo, which still today usurps part of the national territory, the return of which we will continue to demand.”

“Cuba’s neocolonial condition, which allowed the [U.S.] to exercise total control over the economic and political life of the island, frustrated, but did not annihilate, the Cuban people’s longing for freedom and independence. Exactly 60 years later, January 1, 1959, with the triumph of the Revolution led by Comandante en Jefe Fidel Castro, we became definitively free and independent.”

“From that moment on, the strategic goal of U.S. policy toward Cuba has been to overthrow the Revolution. To do so, over more than five decades, they resorted to dissimilar methods: economic war, breaking diplomatic relations, armed invasion, attempts to assassinate our principal leaders, sabotage, a naval blockade, the creation and support of armed bands, state terrorism, internal subversion, the economic, commercial, financial blockade, and international isolation.”

Cuba-U.S. Relations, 2014-2017

“Ten administrations held office until President Barack Obama, in his statement of December 17, 2014, without renouncing the strategic goal, had the good sense to recognize that isolation had not worked, and that it was time for a new focus toward Cuba.”

“No one could deny that the [U.S.], in its attempts to isolate Cuba, in the end found itself profoundly isolated. The policy of hostility and blockade toward our country had become a serious obstacle to relations with Latin America and the Caribbean, and was rejected almost unanimously by the international community. Within U.S. society, growing majority opposition to this policy had developed, including among a good portion of the Cuban émigré community.”

“In the Sixth Summit of the Americas in Cartagena de Indias, Colombia, in 2012, Ecuador refused to participate if Cuba was not permitted to attend, and all Latin American and Caribbean countries expressed their rejection of the blockade and Cuba’s exclusion from these events. Many countries warned that another meeting would not take place without Cuba. As such, we arrived in April 2015 – three years later – to the Seventh Summit in Panama, invited for the very first time.”

“Over the last two years, and working on the basis of respect and equality, diplomatic relations have been reestablished and progress made toward resolving pending bilateral matters, as well as cooperation on issues of mutual interest and benefit; limited modifications were made to the implementation of some aspects of the blockade. The two countries established the bases from which to work toward building a new type of relationship, demonstrating that civil coexistence is possible despite profound differences.”

“At the end of President Obama’s term in office, the blockade, the Naval Base in Guantánamo, and the regime change policy, remained in place.”

Cuba-U.S. Relations, 2017–

“The announcements made by the current U.S. President, last June 16, represent a step back in bilateral relations. This is the opinion of many people and organizations in the [U.S.] and around the world, who have overwhelmingly expressed their outright rejection of the announced changes. This sentiment was also expressed by our youth and student organizations, Cuban women, workers, campesinos, Committees for the Defense of the Revolution, intellectuals, and religious groups, on behalf of the vast majority of the nation’s citizens.”

“The U.S. government has decided to tighten the blockade by imposing new obstacles on its businesspeople to trade and invest in Cuba, and additional restrictions on its citizens to travel to the country – justifying these measures with out-dated rhetoric regarding the Cuban people’s exercise and enjoyment of human rights and democracy.”

“President Trump’s decision disregards the support of broad sectors of U.S. society, including the majority of Cuban émigrés, for lifting of the blockade and normalization of relations, and only satisfies the interests of an increasingly isolated, minority group of Cuban origin in South Florida, who insist on harming Cuba and its people for having chosen to defend, at any cost, their right to be free, independent, and sovereign.”

“Today, we reiterate the Revolutionary Government’s condemnation of measures to tighten the blockade, and reaffirm that any attempt to destroy the Revolution, whether through coercion and pressure, or the use of subtle methods, will fail.”

“We likewise reject manipulation of the issue of human rights against Cuba, which has many reasons to be proud of its achievements, and does not need to receive lessons from the [U.S.] or anyone else.”

“I wish to repeat, as I did so in the CELAC Summit held in the Dominican Republic in January of this year, that Cuba is willing to continue discussing pending bilateral issues with the [U.S.], on the basis of equality and respect for the sovereignty and independence of our country, and to continue respectful dialogue and cooperation in issues of common interest with the U.S. government.”

“Cuba and the [U.S.] can cooperate and coexist, respecting our differences and promoting everything that benefits both countries and peoples, but it should not be expected that, in order to do so, Cuba will make concessions essential to its sovereignty and independence. [N]or will it negotiate its principles or accept conditions of any kind, just as we have never done throughout the history of the Revolution.”

“Despite what the government of the [U.S.] does, or does not decide to do, we will continue advancing along the path sovereignly chosen by our people.”

Conclusion

Castro’s review of the history of these relations was succinct, fact-based, fair and necessary for the two countries’ moving forward in a positive direction.

Moreover, the two countries, as Castro said, should be “willing to continue discussing pending bilateral issues . . . on the basis of equality and respect for the sovereignty and independence of [each] country, and to continue respectful dialogue and cooperation in issues of common interest.” The two countries should be able to “cooperate and coexist, respecting our differences and promoting everything that benefits both countries and peoples.”

These principles should govern U.S. relations with Cuba and every other country in the world.

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[1] Castro Ruz, We will continue to advance along the path freely chosen by our people, Granma (July 17, 2017).

[2] Various aspects of this history have been discussed in the posts identified in List of Posts to dwkcommentaries–Topical: CUBA.

[3] “Mambises” refers to the guerrilla Cuban independence soldiers who fought against Spain in the Ten Years’ War (1868–78) and Cuban War of Independence (1895–98).

President Raúl Castro Says Cuba Can Work with the Trump Administration

On January 25 Cuba’s President, Raúl Castro, expressed “Cuba’s willingness to continue negotiating pending bilateral issues with the [U.S.], on the basis of equality, reciprocity and respect for the sovereignty and independence of our country, and to continue the respectful dialogue and cooperation on issues of common interest with the new government of President Donald Trump.”[1]

Castro continued, “Cuba and the [U.S.] can cooperate and coexist in a civilized manner, respecting differences and promoting all that benefits both countries and peoples, but it should not be expected that to do so Cuba will make concessions inherent to its sovereignty and independence.”

On the other hand, he said, “The [U.S.] economic, commercial and financial blockade persists, which causes considerable hardships and human damages that severely harm our economy and hamper development. Despite this, we continue immersed in the updating of our economic and social model and we will continue to fight to build a sovereign, independent, socialist, democratic, prosperous and sustainable nation.”

These comments were in the larger context of Castro’s speech at the summit of the Community of Latin American and Caribbean States (CELAC)[2] held in Bavaro, the Dominican Republic, when he said, “Never has it been more necessary to effectively advance along the path of unity, recognizing that we have many common interests. Working for ‘unity within diversity’ is an urgent need.”

“To achieve this, strict adherence to [the group’s previous proclamation] is required, in which we commit ourselves ‘to strict compliance with their obligation not to intervene, directly or indirectly, in the internal affairs of any other State,’ and to resolve differences in a peaceful manner, as well as to ‘fully respect the inalienable right of every State to choose its political, economic, social and cultural system.’”

“It would be desirable for the new [U.S.] government to opt for respect for the region, although it is a matter of concern that intentions have been declared that endanger our interests in the areas of trade, employment, migration and the environment, among others.”

Subsequently the Summit passed resolutions applauding the U.S. termination of its “dry foot/wet foot” immigration policy for Cuban migrants while also urging the U.S. Congress to repeal the Cuban Adjustment Act; condemning the U.S. embargo (blockade); and calling for the U.S. to return Guantanamo Bay to Cuba.[3]

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[1] Castro, Never has it been more necessary to effectively advance along the path of unity, Granma (Jan. 25, 2017); Reuters, Cuba’s Castro Warns Trump to Respect Country’s Sovereignty, N.Y. Times (Jan. 25, 2017); Assoc. Press, Castro: Cuba Can Work With Trump if Sovereignty Respected, N.Y. Times (Jan. 26, 2017).

[2] CELAC consists of 33 sovereign countries in the Americas representing roughly 600 million people and is seen as an alternative to the Organization of American States and U.S. influence in the region.

[3] Morales, Dialogue and political agreement on the basis of mutual trust, Granma (Jan. 26, 2017); Special Declaration on the need to end the economic, commercial and financial blockade of the United States of America against Cuba, Granma (Jan. 26, 2017); Special Declaration: Return to the Republic of Cuba of the territory that occupies the naval base of the United States of America in Guantánamo, Granma (Jan. 26, 2017).

U.S. and Cuba’s Efforts To Continue Normalization

With the impending arrival of the Trump Administration and twitterings that it might derail efforts at normalizing U.S.-Cuba relations, the Obama Administration, its U.S. allies and Cuba are continuing their efforts at that normalization. Let us examine these efforts by the latest U.S.-Cuba Bilateral Commission meeting, U.S. Senators and Representatives, Cuban entrepreneurs and a U.S. business coalition (Engage Cuba).

Latest Bilateral Commission Meeting[1]

On December 7 in Havana the U.S. and Cuba held another Bilateral Commission meeting to review the achievements of the Bilateral Commission since diplomatic relations were re-established in July 2015. It has prioritized and sequenced a number of bilateral initiatives. The U.S. and Cuba have established dialogues on law enforcement, claims, human rights, and economic and regulatory issues, and have continued biannual Migration Talks. The Bilateral Commission has provided a framework to address trafficking in persons and the return of fugitives, as well as to schedule technical exchanges on law enforcement and environmental issues.

In the last 18 months, the U.S. and Cuba have concluded 11 non-binding agreements, including Memoranda of Understanding on health, cancer research, agriculture, environmental cooperation, hydrography, marine protected areas, counter-narcotics, federal air marshals, civil aviation, and direct transportation of mail. In the coming weeks, the U.S. and Cuba expect to sign additional agreements formalizing cooperation on law enforcement, conservation, seismology, meteorology, search and rescue, and oil-spill response protocols.

The U.S. and Cuba have coordinated a number of high-level visits, including that of President Obama in March 2016, seven cabinet-level officials, and Dr. Jill Biden. U.S. governors from New York, Louisiana, Arkansas, Texas, Virginia, Missouri, and West Virginia have led trade delegations to Cuba since April 2015. More than 80 Members of Congress, both Democrats and Republicans, have visited Cuba in the last two years, many for the first time.

Purposeful travel by Americans to Cuba increased by approximately 75 percent from 2014 to 2015. Ten U.S. airlines now provide scheduled service between U.S. and Cuban cities, and Carnival cruises are docking in several Cuban cities, further connecting the U.S. and Cuban people.

Under the Bilateral Commission, the United States and Cuba expanded educational and cultural exchanges. The number of Cubans studying in the United States increased 63 percent in academic year 2015-16. More than 2,000 U.S. students visited Cuba as part of their academic program in academic year 2014-15. The U.S. welcomed the first Cuban Hubert H. Humphrey Fellow to the U.S.

Four U.S. cellular providers offer roaming service in Cuba, further connecting Cuba and the U.S.

The delegations agreed the Bilateral Commission has provided a framework for discussion of a wide range of issues. Where U.S. and Cuban interests align, including on counter-narcotics, health, and environmental issues, the U.S. and Cuba have made important strides for the benefit of both peoples. Where the two countries have disagreements, including on human rights, the U.S. and Cuba have articulated those differences in a clear, productive, and respectful manner. The dialogues and working groups that fall under the Bilateral Commission framework have allowed the U.S. and Cuba to establish working relationships with counterparts, which are essential to continued bilateral cooperation, advancement of U.S. interests, and progress toward normalization.

The Cuban delegation insisted that the U.S. blockade (embargo) has prevented significant results in economic and trade relations and that this measure must be ended before the two countries could have normal relations. Other conditions for normalization for Cuba are the U.S. returning to Cuba the territory allegedly illegally occupied by the U.S. Naval Base in Guantanamo and the U.S. elimination of other political interventions harmful to Cuban sovereignty.

The U.S. looks forward to hosting the next Bilateral Commission Meeting in Washington, DC at the earliest opportunity.

Acting Assistant Secretary of State for Western Hemisphere Affairs Mari Carmen Aponte led the U.S. delegation. Other members were U.S. Charge d’Affaires in Havana, Jeffrey DeLaurentis, and Deputy Assistant Secretary John Creamer. Josefina Vidal, the Foreign Ministry’s Director General for U.S. Affairs, led the Cuban delegation.

At a subsequent press conference Josefina Vidal said Cuba hopes “the new U.S. government takes into account the results we have achieved… that are backed by the majority of the Cuban population (and) U.S. citizens.”

U.S. Senators and Representatives[2]

On December 7 Minnesota’s U.S. Senator Amy Klobuchar (Dem.) and Representative Tom Emmer (Rep.) and four Cuban women entrepreneurs held a press conference on Capitol Hill to urge President-elect Donald Trump to keep Obama administration initiatives relaxing trade and travel restrictions for Americans wanting to travel to and work with Cuba and to end the U.S. embargo of the island.

Klobuchar said, “For far too long, U.S.-Cuba policy has been defined by the conflicts of the past instead of the realities of today and the possibilities for the future. I’ve spoken with business owners in Cuba and in Minnesota who look forward to the new economic opportunities that would come with lifting the embargo. We need to turn the page on the failed policy of isolation and build on the progress we have made to open up engagement with Cuba by ending the embargo once and for all.”

Emmer added, “Over the past two years there have been important changes on the island just 90 miles off our coast. The private-sector economy in Cuba continues to grow and today, we heard from four incredible young women who have excelled as entrepreneurs and are eager for the ability to grow, expand and continue their success. I look forward to working with President-elect Trump and the 115th Congress to make their success a reality and provide new opportunities for both Cubans and Americans alike.”

One of the Cuban women, Marla Recio Carbajal, founder and president of Havana Reverie, an upscale event and wedding planning company that caters primarily to U.S. travelers and companies, said Havana businesses are bustling, thanks in part to the relaxation on restrictions and that her business was doing well because of American interest in the country.

Separately Emmer as the Chair of the U.S. House of Representatives’ Cuba Working Group [3] and 16 Republican and Democratic members of that Group recently sent a letter to President-elect Trump urging the new administration’s support for the restoration of U.S. engagement with Cuba. The letter stated the following:

“Americans support the easing of commercial restrictions in Cuba because it will result in increased jobs, economic growth and productivity gains for the United States economy. In fact, the U.S. International Trade Commission (USITC) released a report earlier this year that found if U.S. restrictions on Cuba were lifted, U.S. exports of selected agricultural and manufactured goods could increase to a total of roughly $2.2 billion, up from a mere $180 million in 2015. Policies that improve commercial relations could potentially create thousands of jobs here in the United States and open valuable new markets for our exports. The restrictions the U.S. government imposes on American business activity in Cuba have not only stymied America’s economic potential, they have provided the repressive Cuban regime with an excuse on which to place blame for their own economic woes. Additionally, there is little credible evidence that sanctions have improved the human rights situation in Cuba, a top priority of the CWG.”
“The recent death of Fidel Castro represents a dawn of a new era in Cuban leadership and America must use this opportunity to help chart a new course for Cuba’s future. We believe America’s greatest ambassadors – the American people and the U.S. private sector – will always be the most effective conduit for the spread of American influence. Continued engagement by our citizens and businesses will help to empower the Cuban people, facilitate economic reforms, and promote the expansion of civil and religious liberties.”
“{I]mproving our relationship with Cuba would also align the U.S. government with the will of the American people and improve our standing with our regional allies. Recent polling from the Pew Research Center show that 73 percent of voters supported renewed diplomatic relations and 72 percent support ending the embargo. In addition, a recent poll out of Florida International University showed that 63 percent of Cuban-Americans in Miami want to see the embargo lifted. Global support for the normalization of our relations also remains overwhelming, particularly among some of our most important economic and security partners in Latin America.”

As mentioned in other posts, Klobuchar and Emmer are the authors of bills in the current session of Congress to end the embargo. Klobuchar’s is the Freedom to Export to Cuba Act, which currently has 25 Senate cosponsors. Emmer’s is the Cuba Trade Act.[4]

Cuban Entrepreneurs and Engage Cuba[5]

On December 7 Engage Cuba, a national advocacy organization dedicated to dismantling the U.S. embargo on Cuba, released a letter to President-elect Trump from 83 Cuban entrepreneurs that said they “have experienced a great deal of change over the last several years. Changes by our government allow for increased private sector activity and we’ve seen significant growth in small businesses in our country. Over a half of million people now work in the private sector, earning considerably more money than state jobs and offering more autonomy in business decisions. We’re hopeful that our government will make additional changes to the legal framework and market conditions in the future.”

Moreover, the Cuban entrepreneurs said U.S. government reforms “to allow for increased travel, telecom services and banking have helped substantially as we attempt to grow our businesses. . . . Increased interaction and business dealings with U.S. travelers and U.S. companies [have] had important economic benefits, the exchanges of ideas and knowledge, and offered much hope for the future. . . . Additional measures to increase travel, trade and investment, including working with the U.S. Congress to lift the embargo, will benefit our companies, the Cuban people and U.S. national interests. We look forward to taking advantage of any openings that your administration makes to the Cuban private sector and the Cuban economy as a whole.”

That same day, the President of Engage Cuba, James Williams, said he remains hopeful that Trump, a businessman, will not reverse the work already done. “There is no business in the world that would continue a strategy that has failed for 55 years. We see no reason why he would do the same with the U.S. government,” he said. “We’re hopeful that he will continue to build on the progress of the last two years that has helped U.S. businesses and created positive changes for the Cuban people.”

Conclusion

Thanks to Senator Klobuchar, Representative Emmer, the House of Representatives Cuba Working Group, Cuban entrepreneurs and Engage Cuba for continuing their efforts at U.S.-Cuba normalization and urging the future Trump Administration to do the same.

All U.S. citizens who believe that this normalization should continue should thank the above people for their efforts and urge other elected officials to join the fight.

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[1] State Dept, Daily Press Briefing (Dec. 6, 2016); Cuba Foreign Ministry, Cuba and the United States will hold the fifth Bilateral Commission Meeting (Dec. 6, 2016); Cuba Foreign Ministry, Press Release of the Cuban Delegation to the Fifth Meeting of the Cuba-U.S. Bilateral Commission. Havana, December 7, 2016; Peraza, Cuba reaffirms willingness to continue working to improve relations with the United States, Granma (Dec. 7, 2016); State Dep’t, Press Release: United States and Cuba Hold Fifth Bilateral Commission Meeting in Havana, Cuba (Dec. 7, 2016); Reuters, Cuba Wants to Sign Accords With US Before Obama Exit: Officials (Dec. 8, 2016).

[2] Sherry, Klobuchar, Emmer urge Trump to keep Obama’s Cuba policies, StarTribune (Dec. 8, 2016); Emmer, Klobuchar, Emmer and Bipartisan Congressional Coalition Highlight the Need for Congress to Lift the Trade Embargo with Cuba (Dec. 7, 2016); Emmer, Bipartisan Cuba Working Group Encourages President-elect Trump to Continue U.S. Engagement Efforts with Cuba (Dec. 8, 2016).

[3] The U.S. House of Representatives’ Cuba Working Group was established to promote increased trade, travel and investment in Cuba, open new markets, create jobs in both countries, promote human rights and improve the security posture of the United States. Two other Minnesota members of the Group signed the above letter: Representatives Betty McCollum and Rick Nolan.

[4] Klobuchar and Emmer’s bills were discussed in earlier posts.

[5] Engage Cuba, Cuban Entrepreneurs Announce Letter to President-elect Donald Trump (Dec. 7, 2016).

Answers to Cuba’s Questions About the U.S. Presidential Policy Directive on U.S.-Cuba Normalization

Granma, the official newspaper of the Communist Party of Cuba, poses 10 questions about the recent U.S. Presidential Policy Directive—United States-Cuba Normalization.[1]

Here are those questions with my answers.

(a) Will the U.S. ever recognize that the embargo/blockade has been an illegal and unjust policy of aggression that has caused Cuba economic damages and incalculable human losses?

Answer: No. As Ambassador Samantha Power stated at the U.N. on October 26, the U.S. believes that the embargo has been legal. As mentioned in an earlier post, I have suggested that the dispute over this issue could be and should be resolved by an independent panel of international arbitrators, such as those provided by the Permanent Court of Arbitration at the Hague in the Netherlands.

(b) Is the U.S. willing to compensate the Cuban people for damages and losses [allegedly] caused by the embargo/blockade?

Answer: No. The major premise for the Cuban damages claim is the contention that the embargo/blockade is illegal. The U.S. does not accept this contention. Nor, I assume, does the U.S. accept the Cuban calculation of such alleged damages. The amount of any alleged damages undoubtedly would be challenged by the U.S. in the international arbitration proceedings previously mentioned. After all, even Cuba admitted in presenting its most recent resolution against the embargo at the U.N. General Assembly that there are many other reasons for Cuba’s poor economic record, including its own mistakes.

2. [Will the U.S. end its occupation of Guantanamo Bay?]

Answer. No. The Directive clearly states that the U.S. believes that its lease of Guantanamo Bay from Cuba is legal and that the U.S. will not voluntarily return the territory to Cuba. Cuba, on the other hand, persistently asserts that the U.S. use of the territory is illegal. As a previous post suggests, this dispute should be submitted to an international arbitration panel similar to the one previously mentioned. In such a proceeding both parties would submit evidence and legal arguments, and the arbitration panel would render a decision. At any time the parties could settle this dispute by negotiating a new lease at a much higher annual rental.

Should the U.S. terminate its so-called “Democracy Assistance” programs?

Answer. Yes, as this blog has consistently argued, these programs are counterproductive and illogical.[2] One cannot promote democracy with anti-democratic and undercover programs. But the U.S. continues to do so, and I will continue to object to them and call for their abolition.

What does the Directive mean when it says that “democracy assistance” programs will be more “transparent” and “consistent with programming in other similarly situated societies around the world?”

Answer. I do not know what is meant by “transparent,” unless it means the U.S. Government publicly solicits applicants to conduct such programs. But such programs are not “transparent” when conducted secretly or undercover as such programs have done so in Cuba.

Should the U.S. end its Radio and TV Marti?

Answer. Yes. This blog previously has called for the ending of such programs as antithetical to promoting democracy and human rights in Cuba. Now there is less need for such programs given the increasing availability of the Internet with its overwhelming information in Cuba. As the Directive states, “increased access to the internet is boosting Cubans’ connectivity to the wider world and expanding the ability of the Cuban people, especially youth, to exchange information and ideas.”

What is the point of applying [U.S.] measures only benefiting a small part of the population, [the 24% currently in the] private sector?

Answer. The U.S. clearly believes that private enterprise and the private sector will enhance Cuban prosperity and that this sector needs and deserves external assistance. And President and First Secretary Raúl Castro said essentially the same thing at last April’s Seventh Congress of the Communist Party of Cuba.

7. Why [does the U.S.] maintain the restriction on creating joint ventures [with Cubans] for the development and marketing of these products, [I.e., medicines and vaccines]?

Answer. As the Directive states, the U.S. “will promote joint work [with Cuba], such as development of vaccines, treatments, and diagnostics; partner with Cuba to prevent, detect, and respond to infectious disease outbreaks; collaborate in the field of cancer control, treatment programs, and joint research; and exchange best practices related to access to healthcare.” This blogger does not know if there are restrictions against joint ventures in this area, but he clearly favors elimination of the U.S. embargo and other restrictions on U.S.-Cuba business and trade.

Does [the U.S.] acknowledge that Cuba’s socio-economic model, based on the public control over the fundamental means of production, guarantees achievements in two spheres strategic for the nation’s future, [i.e., medical care and education]?

Answer. Yes, as the Directive states, the U.S. recognizes, “Cuba has important economic potential rooted in the dynamism of its people, as well as a sustained commitment in areas like education and health care.” In addition, President Obama in his March 2016 speech in Havana said, “Cuba has an extraordinary resource — a system of education which values every boy and every girl” and “no one should deny the service that thousands of Cuban doctors have delivered for the poor and suffering.”

Why are U.S. companies still prohibited from investing in Cuba, with the exception of the telecommunications sector, approved by Obama in 2015?

Answer. This blogger does not know, but he clearly favors elimination of the U.S. embargo and other restrictions on U.S.-Cuba business and trade.

Is President Barack Obama willing to continue using his executive prerogatives to make the policy change toward Cuba irreversible?

Answer. This blogger does not know the answer to this question, but to the extent President Obama has executive authority to enact additional liberalizations of restrictions on business and trade with Cuba in his remaining weeks in office, I hope he will do so.

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[1] Ten key questions, Granma (Oct. 27, 2016). The Presidential Policy Directive is replicated in a previous post.

[2] See posts listed in “U.S. Democracy Promotion in Cuba” in List of posts to dwkcommentaries—Topical: CUBA.

Assessment of the Status of U.S.-Cuba Reconciliation

Three recent articles in Cuba’s state-controlled media offer the Cuban government’s assessment of the current status of U.S. reconciliation. The lead article was Cuban journalists’ interview of Josefina Vidal, Cuba’s lead diplomat for the negotiations with the U.S. This post will summarize these three articles [1] and then offer an evaluation of Cuba’s assessment.

Current Status of Negotiations

Several days after the failure of the countries to reach an agreement about re-establishing diplomatic relations, Vidal remained optimistic. In the five months since the December 17^th announcement of rapprochement and the mutual release of certain prisoners, she thought there had been progress in the process of normalization of relations. The removal of Cuba from the U.S. list of state sponsors of terrorism was to happen by the end of May, as it in fact did on May 29^th, and Cuba’s Interests Section in Washington, D.C. has obtained a U.S. banking relation that was necessary for the effective operation of the Section and of a future Cuban embassy. [2]

In addition, for about the last two years, she added, the countries have been discussing and progressing on “technical” matters, including collaboration on infectious diseases, narcotics trafficking, immigration (including the U.S. “wet foot/dry foot” policy under its Cuban Adjustment Act) and their respective enforcement of their own domestic laws with visitors from the other country.

Moreover, said Vidal, the Cuba-U.S. interactions “are respectful, they are professional. We are treating each other as equals, on a foundation of respect and total reciprocity.”

Also supportive of reconciliation of the two countries have been visits to Cuba by U.S. federal and state government officials and U.S. business groups. [3]

Re-establishment of Diplomatic Relations

Although the parties had not reached agreement on the details of re-establishing diplomatic relations at their negotiations in Washington, D.C. on May 21-22, Vidal suggested that progress had been made on these details, which conceivably could be resolved through direct communications without another negotiating session.

The remaining issues, she said, focused on the future “conduct of diplomats” and “the functioning of a diplomatic mission,” all under the U.N. Charter and the Vienna Convention on Diplomatic Relations, which both parties recognize as establishing or confirming the international law on the subjects. More specifically, Vidal said, “We must talk about the number of people, what kind of staff” the embassies will have or “what type of rank these officials [are] going to have” and “what privileges and immunities.” [4]

These comments by Vidal (and by Jacobson in the footnote) suggest that the provisions of the Vienna Convention provide flexibility and thus room for negotiation on the details of the functioning of the two countries’ embassies and diplomats. Indeed, that assumption is confirmed by the following relevant provisions of the Convention:

Under Article 7, “the sending State may freely appoint the members of the staff of the mission. In the case of military, naval or air attachés, the receiving State may require their names to be submitted beforehand, for its approval.” However, Article 11 provides “the receiving State may require that the size of a mission be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the receiving State and to the needs of the particular mission” and also “may equally, within similar bounds and on a non-discriminatory basis, refuse to accept officials of a particular category.”

With respect to diplomatic personnel’s travel and conduct, Article 26 states, “Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory.” However, Article 41 provides, “Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.” In addition, Article 41 states, “The premises of the mission must not be used in any manner incompatible with the functions of the mission as laid down in the present Convention or by other rules of general international law or by any special agreements in force between the sending and the receiving State.”

Vidal’s concern about the “conduct of diplomats” and “the functioning of a diplomatic mission” was an allusion to Cuba’s objection to certain recent covert or secret or “discreet” programs by the U.S. Agency for International Development (USAID) allegedly to promote democracy and human rights in Cuba and to public seminars for Cuban journalists at the U.S. Interests Section in Havana that will be discussed below.

Future Issues for Discussion and Resolution

According to the Vidal interview, Cuba has presented to the U.S. the following “preliminary list” of other issues that need to be discussed and resolved for full normalization of relations: (a) the U.S. “lifting of the blockade [embargo];” (b) “the return of the territory illegally occupied by the Guantanamo Naval Base;” (c) “an end to illegal broadcasts by Radio and Televisión Marti;” (d) an “end to [U.S.] programs which were originally conceived to promote regime change” in Cuba and which for fiscal year 2016 have requests for funding of $20 million, especially in light of President Obama’s statement at the recent Summit of the Americas that the purpose of U.S. policy regarding Cuba was not regime change; [5] (e) “compensation for our country and our people for the damages caused by U.S. policy [primarily the embargo or blockade] over 50 years; ” and (f) restitution of Cuba’s frozen funds in the U.S.

The U.S., on the other hand, say the Cubans, has identified at least one issue for discussion in the second phase of negotiations: “compensation for the properties [of U.S. nationals] which were nationalized in Cuba at the beginning of the Revolution.” [6]

Moreover, Vidal said, the parties have not yet discussed how these issues would be discussed or resolved: “if a mechanism [such as commissions or groups] will be created;” or whether the issues would be discussed as a whole or separately.

According to the Gomez article in Granma, “the greatest challenge facing Cuba and the United States is establishing a relationship of civilized co-existence based on respect for their profound differences.”

Conclusion

The Obama Administration and this blogger concur in the need for the U.S. to end the embargo (or “blockade” in Cuba’s view), which requires action by the U.S. Congress. Prior posts have discussed pending bills in the Senate and House of Representatives to do just that and urged U.S. citizens to press both chambers to pass such bills. Another post recommended submitting Cuba’s claim for money damages ($1.2 trillion as of last October) from the embargo/blockade to the Permanent Court of Arbitration where the U.S. can mount counter-evidence and arguments.

With respect to Guantanamo Bay, as discussed in a prior post, Cuba’s continually saying that the U.S. is “illegally” occupying the territory does not make it so and I do not think the U.S. would ever agree to such a legal conclusion. If Cuba continues to assert that contention, as I expect that it will, then the parties should submit the dispute for resolution by the Permanent Court of Arbitration.

The New York Times editorial board and this blogger agree with Cuba’s contention that the U.S. improperly has mounted covert, secret or “discreet” and ill conceived USAID programs to promote regime change in Cuba and that the U.S. should cease any and all such programs. Instead, it should propose joint-programs to the Cuban government for enhancement of Cuban human rights and democracy, and if and only if the Cubans agree, then the programs could proceed. (These issues were discussed in posts of 4/4/14, 4/9, 4/9, 8/12, 8/13 and 8/14).

The U.S. claims for money damages for compensation for Cuba’s expropriation of property owned by U.S. nationals and interests will obviously be discussed, as stated above, and in the likely event that the parties will not agree to the amount of such compensation, that too should be submitted to the Permanent Court of Arbitration.

In this process of working on the many issues that have accumulated over the last 50-plus years, both sides must recognize, as I think they do, the need to build mutual trust during the initial stages of diplomatic relations and, if all goes well, to the possible future relaxation of any restrictions. It does not help the process for bystanders, like Senators Marco Rubio and Bob Menendez, to loft scathing and premature criticisms of the process and to attempt to create new legislative roadblocks and impediments to that process.

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[1] This post is based upon the following: Josefina Vidal discusses recent talks in Washington, Granma (May 26, 2015); Gómez, Seven key points, Granma (May 25, 2015); Cańedo, Cuba-United States after 17D [December 17], Cubadebate (May 25, 2015).

[2] Immediately after the May 21-22 negotiations in Washington, D.C., Assistant Secretary of State Roberta S. Jacobson, the U.S.’ lead diplomat, shared Vidal’s optimism. Jacobson said, “This round of talks was highly productive. . . . We have made significant progress in the last five months and are much closer to reestablishing relations and reopening embassies. . . . [W]e have gotten much closer than we were each time we talk. . . . I remain optimistic that we will conclude, but we still have a few things that need to be ironed out and we’re going to do that as quickly as possible.” On the other hand, according to Jacobson, “I’m also a realist about 54 years that we have to overcome.”

[3] These visits have included congressional trips in January, February (Senate and House), and May, and a visit by a major business delegation in March.

[4] Assistant Secretary Jacobson in her comments after the latest round of negotiations concurred that the Vienna Convention established the parameters for the functioning of the countries’ embassies and conceded that “there [is] a range of ways in which our embassies operate around the world in different countries. We expect that in Cuba, our embassy will operate within that range and so it won’t be unique. It won’t be anything that doesn’t exist elsewhere in the world. There are various circumstances in which embassies operate in somewhat restrictive environments. . . .[W]e have confidence that . . . our embassy will be able to function so that our officers can do their jobs as we expect them to do worldwide, but in highly varying locations around the world. So I have every expectation that it will fall within the range of other places where we operate.”

[5] Cuba correctly points out that USAID, on the one hand, proclaims on its public website that its Cuba programs “Provide humanitarian assistance (basic foodstuff, vitamins and personal hygiene supplies) to political prisoners and their families; Promote human rights and fundamental freedoms, as well as support for independent civil society by strengthening leadership skills and providing opportunities for community organizing; and Facilitate information flow to, from and within the island” and that through four named private “partners” it has spent and will spend a total of $14.2 million for these programs for the three fiscal years ending 9/30/15 and an additional $20 million in Fiscal Year 2016. USAID, on the other hand, has carried out these programs unilaterally, without the prior knowledge or consent, of the Cuban government. In addition, the U.S. Department of State at its Interests Section in Havana has hosted seminars for journalists and a Public Information Center with a lending library and Internet-enabled computers available to Cubans and others. Assistant Secretary Jacobson said at the May 22^nd press conference, “[W]e have continued to request funds from Congress for various activities in support of the Cuban people [and] that those programs have changed over time since they began in 1996” and they might be changed in the future.

[6] A prior post discussed the issue of Cuba’s compensating U.S. owners of property expropriated in the Cuban Revolution. Moreover, the U.S. already has identified at least the following additional issues for further discussion and negotiation: extradition of persons for crimes in their home country (2/24/15 post) and Cuban human rights and democracy (posts of 3/27, 3/28, 3/29, 3/30 and 4/1), and such discussions already have been commenced.

Cuban President Raul Castro’s Major Speech at the Summit of the Americas

On April 10 and 11, Cuba for the first time was welcomed to the Summit of the Americas. Presidents Raul Castro and Barack Obama exchanged handshakes and friendly greetings, and their speeches promised commitment to the process of reconciliation. Other leaders of the Americas celebrated this demonstration of reconciliation.

On April 11^th after President Obama’s speech that was discussed in a prior post, President Castro delivered his major Summit speech, most of which was a critical review of the history of U.S. relations with Cuba and other Latin American countries.

This post contains substantial extracts from Castro’s speech. Other posts will examine the two presidents’ subsequent private meeting at the Summit plus Obama’s comments on other subjects and the reactions from other leaders.

President Castro’s Speech

President RAul castro — President Raul Castro

“In 1800, there was the idea of adding Cuba to the [U.S.] to mark the southern boundary of the extensive empire. The 19^thcentury witnessed the emergence of such [U.S.] doctrines as the Manifest Destiny, with the purpose of dominating the Americas and the world, and the notion of the ‘ripe fruit’, meaning Cuba’s inevitable gravitation to the [U.S.], which looked down on the rise and evolution of a genuine rationale conducive to emancipation.”

“Later on, through wars, conquests and interventions that expansionist and dominating force stripped Our America of part of its territory and expanded as far as the Rio Grande.”

“After long and failing struggles, José Martí organized the ‘necessary war’ [for independence against Spain], and created the Cuban Revolutionary Party to lead that war and to eventually found a Republic ‘with all and for the good of all’ with the purpose of achieving ‘the full dignity of man’. . . . Martí committed to the duty ‘of timely preventing the [U.S.] from spreading through the Antilles as Cuba gains its independence, and from overpowering with that additional strength our lands of America.’”

On “April 11, 1898, the President of the [U.S.] requested Congressional consent for military intervention in the [Cuban] independence war already won with rivers of Cuban blood, and that legislative body issued a deceitful Joint Resolution recognizing the independence of the Island ‘de facto and de jure.’ Thus, [the U.S.] entered [this war] as [Cuba’s supposed] ally and seized the country as an occupying force.”

“Subsequently, an appendix was forcibly added to Cuba’s Constitution, the Platt Amendment, that deprived it of sovereignty, authorized the powerful neighbor to interfere in [Cuba’s] internal affairs, and gave rise to Guantánamo Naval Base, which still holds part of our territory without legal right. It was in that period that the [U.S.] invaded the country, and there were two military interventions and support for cruel dictatorships.”

At the time, the prevailing [U.S.] approach to Latin America was the ‘gunboat policy’ followed by the ‘Good Neighbor’ policy. Successive interventions ousted democratic governments and in twenty countries installed terrible dictatorships, twelve of these simultaneously and mostly in South America, where hundreds of thousands were killed. President Salvador Allende [of Peru] left us the legacy of his undying example.”

“It was precisely 13 years ago that a [U.S.] coup d’état staged against beloved [Venezuelan] President Hugo Chavez Frías was defeated by his people. Later on, an oil coup would follow.”

“On January 1^st, 1959, sixty years after the U.S. troops entered Havana, the Cuban Revolution triumphed and the Rebel Army commanded by Fidel Castro Ruz arrived in the capital.”

“On April 6, 1960, barely one year after victory, [U.S.] Assistant Secretary of State Lester Mallory drafted a wicked memorandum, declassified tens of years later, indicating that ‘The majority of Cubans support Castro […] An effective political opposition does not exist […]; the only foreseeable means of alienating internal support [to the government] is through disenchantment and disaffection based on economic dissatisfaction and hardship […] to weaken the economic life of Cuba […] denying it money and supplies to decrease monetary and real wages, to bring about hunger, desperation and overthrow of government.’”

“We have endured severe hardships. Actually, 77% of the Cuban people were born under the harshness of the blockade, but our patriotic convictions prevailed. Aggression increased resistance and accelerated the revolutionary process. Now, here we are with our heads up high and our dignity unblemished.”

“When we had already proclaimed socialism and the people had fought in the Bay of Pigs to defend it, President Kennedy was murdered, at the exact time when Fidel Castro, leader of the Cuban Revolution, was receiving [Kennedy’s] message seeking to engage Cuba in a dialogue.”

“After the [U.S.] Alliance for Progress, and [after] having paid our external debt several times over while unable to prevent its constant growth, our countries were subjected to a wild and globalizing neoliberalism, an expression of imperialism at the time that left the region dealing with a lost decade.”

“Then, the [U.S.] proposal of a ‘mature hemispheric partnership’ resulted in the imposition of the Free Trade Association of the Americas (FTAA), –linked to the emergence of these Summits– that would have brought about the destruction of the economy, sovereignty and common destiny of our nations, if it had not been derailed at [the Fourth Summit of the Americas at] Mar del Plata [Argentina] in 2005 under the leadership of Presidents Kirchner, Chavez and Lula. The previous year, Chavez and Fidel had brought to life the Bolivarian Alternative known today as the Bolivarian Alliance for the Peoples of Our America.”

“We have expressed to President Barack Obama our disposition to engage in a respectful dialogue and work for a civilized coexistence between our states while respecting our profound differences. I welcome as a positive step his recent announcement that he will soon decide on Cuba’s designation in a list of countries sponsor of terrorism, a list in which it should have never been included.”

“Up to this day, the [U.S.] economic, commercial and financial blockade is implemented against the island with full intensity causing damages and scarcities that affect our people and becoming the main obstacle to the development of our economy. The fact is that it stands in violation of International Law, and its extraterritorial scope disrupts the interests of every State.”

“We have publicly expressed to President Obama, who was also born under the blockade policy and inherited it from 10 former Presidents when he took office, our appreciation for his brave decision to engage the U.S. Congress in a debate to put an end to such policy.” In an apparent extemporaneous addition, Castro said, “I apologize to Obama for expressing myself so emotionally. President Obama has no responsibility for this. There were 10 presidents before him; all have a debt to us, but not President Obama. . . . I have read his books — parts of them — and I admire his life.”

“This and other issues should be resolved in the process toward the future normalization of bilateral relations.”

“As to us, we shall continue working to update the Cuban economic model with the purpose of improving our socialism and moving ahead toward development and the consolidation of the achievements of a Revolution that has set to itself the goal of ‘conquering all justice.’”

“Venezuela is not, and it cannot be, a threat to the national security of a superpower like the United States. We consider it a positive development that the U.S. President has admitted it.”

A major section of the Castro speech covered Cuba’s continued advocacy for the ideals of the Revolution, for true international governance of the Internet, for changes in hemispheric relations and cooperation against cyber warfare, climate change, terrorism, drug-trafficking organized crime and inequality and for eradication of poverty, illiteracy and hunger. He also commended the efforts in these areas of CELAC [Community of Latin American and Caribbean States], UNASUR [Union of South American Nations], CARICOM [Caribbean Community], MERCOSUR [Southern Common Market], ALBA-TCP [Bolivarian Alliance of the Peoples of Our America—Peoples’ Trade Treaty], SICA [System for Integration of Central America] and ACS [Association of Caribbean States].

Castro concluded with these words: “Cuba, a small country deprived of natural resources, that has performed in an extremely hostile atmosphere, has managed to attain the full participation of its citizens in the nation’s political and social life; with universal and free healthcare and education services; a social security system ensuring that no one is left helpless; significant progress in the creation of equal opportunities and in the struggle against all sorts of discrimination; the full exercise of the rights of children and women; access to sports and culture; and, the right to life and to public safety.”

“Thanks to Fidel and the heroic Cuban people, we have come to this Summit to honor Martí’s commitment, after conquering freedom with our own hands ‘proud of Our America, to serve it and to honor it […] with the determination and the capacity to contribute to see it loved for its merits and respected for its sacrifices.’”

Conclusion.

It would be easy to criticize this speech as an unnecessary historical review going back to the late 19^th century and as an unproductive way to advance the cause of Cuba-U.S. reconciliation in 2015.

On the other hand, I see the speech as a necessary recital to the U.S., other countries in the hemisphere and the world of the reasons for Cuba’s historical and current suspicions of U.S. motives and actions and for Cuba’s wariness in engaging in the current negotiations for restoration of normal relations with the U.S. Nevertheless, this history is not preventing Cuba ifrom engaging in those negotiations, and by its actions Cuba is demonstrating that such reconciliation is in Cuba’s national interest.