U.S.-Cuba Skirmishes at the Summit of the Americas

The confrontation of Presidents Donald Trump and Raúl Castro at the Summit of the Americas in Peru, as anticipated in a prior post, did not happen. Each of them cancelled his trip to the Summit. Instead Cuba sent its Foreign Minister, Bruno Rodriguez, while the U.S. sent Vice President Mike Pence, and the two of them exchanged verbal insults. The Secretary of the Organization of American States (OAS), Luis Almagro, also leveled criticism at Cuba.

OAS Secretary General[1]

On April 13, the OAS Secretary said the governments at the Summit “cannot allow the Cuban people to continue to be oppressed by an infamous dictatorship, a dictatorship that carries the weight of decades of human rights violations … tortures and executions. We have to be faithful to fundamental ethical values. Indifference in the face of dictatorship is to break the fundamental ethical values of policy.”

Cuba since 1962 has been suspended from the OAS. Nevertheless, “the resolutions of the OAS still apply to Cuba because it is still part of the Inter-American system. A suspension does not spare it from having to meet its responsibilities. That’s why we demand democracy for Cuba and the application of the Inter American Democratic Charter.”

The Secretary General also urged those at the Summit to “continue to put pressure on the regime. Let’s not recognize the [Cuban] rules for succession that the dictatorship wants to impose on its people.” This was an endorsement of the call earlier in the week by about 30 former heads of state and government from Spain and Latin America who urged the governments at the Lima summit to refuse to recognize the new Cuba government that is scheduled to be appointed April 18 or 19.

Almagro also condemned the Cuban delegation in Lima for an outburst of screams and slogans on Thursday that forced him and civil society activists to move a meeting to a closed-off hall. The Cuban delegates shouted “liar” at Almagro and “down with the worms” at the Cuban opposition activists in the room. “Today we had a very clear example of the levels of intolerance and how they want to silence the voice of dissidents in Cuba,” said the OAS secretary general. “They brought intolerance to our system, brought the voice of hatred, the voice that certainly tries to drown other voices. They have tried to dismantle our own democracy, the functioning of the Summit of the Americas. And that we cannot allow,” Almagro said. “And we cannot allow that in Cuba. It would not be ethical.”

Foreign Minster Rodriguez[2]

 On April 14, Cuba Foreign Minister Rodríguez addressed the Summit. “Our America, . . ., united by a common destiny in the search for its second and definitive independence, continues being sacked, intervened and vilified by the North American imperialism that invokes the Monroe Doctrine[3] for exercise of domination and hegemony over our peoples.”

“It is a story of wars of conquest, dispossession of territories, invasions and military occupations, coups d’état and imposition of bloody dictatorships that assassinated, disappeared and tortured in the name of freedom; of rapacious plundering of our resources.

Today there is the danger of a return to the use of force, the indiscriminate imposition of unilateral coercive measures and bloody military coups.”

He continued, “Our America, with its cultures and history, the territory, the population and its resources can develop and contribute to the balance of the world, but it is the region with the most unequal distribution of income on the planet.”

The richest 10 percent amass 71 percent of the wealth and, in two years, one percent of the population would have more than the remaining 99 percent. It lacks equitable access to education, health, employment, sanitation, electricity and drinking water.”

“We will only advance through regional integration and the development of unity within the diversity that led to the creation of CELAC [Community of Latin American and Caribbean States].”

“Recent events show that the OAS and its hysterical Secretary General are instruments of the United States.”

“Now, the objective is to reestablish imperialist domination, destroy national sovereignties with unconventional interventions, overthrow popular governments, reverse social conquests and restore, on a continental scale, wild neoliberalism. For this, the fight against corruption is used as a political weapon; prosecutors and judges act as ‘political parties’ and voters are prevented from voting for candidates with strong popular support, as is the case of the President, political prisoner, Luiz Inacio “Lula’ Da Silva whose freedom we demand.”

“It is hidden that corruption prevails among conservative politicians, parliamentarians and politicians and in electoral systems, in corrupt laws and political models, by nature, based on money, on corporate ‘special interests.’”

“People are manipulated from private monopolistic property on media and technological platforms. In electoral campaigns, there are no ethical limits: hate, division, selfishness, slander, racism, xenophobia and lies are promoted; neo-fascist tendencies proliferate and walls are promised, militarization of borders, massive deportations, even of children born in the territory itself.”

“In the hemisphere, massive, flagrant and systematic violations of civil and political human rights are increasing; and economic, social and cultural rights of hundreds of millions of human beings.”

What democracy and values ​​are spoken of here? Of those of President Lincoln or the “dream” of Martin Luther King , that would elevate the American people to whom indissoluble bonds unite us ?, Or of those of Cutting and of the supposed “anti-system” extremist conservative?

“Cuba will not accept threats or blackmail from the government of the United States. We do not want confrontation, but we will not negotiate anything of our internal affairs, nor will we yield a millimeter in our principles. In defense of independence, the Revolution and Socialism, the Cuban people have shed their blood, assumed extraordinary sacrifices and the greatest risks.”

“The progress made in recent years [2014-2016], based on absolute sovereign equality and mutual respect, which are now reversed; They showed tangible results and that civilized coexistence, within the deep differences between governments, is possible and beneficial for both.”

“The [U.S.] blockade [embargo] and financial persecution harden, cause deprivation to our people and violate human rights, but the isolation of the US government throughout the world, in American society itself and in Cuban emigration also grows with respect to that genocidal policy, obsolete and unsuccessful.”

“The international rejection of the occupation of our territory in Guantánamo by the Naval Base and the detention and torture center located in it increases equally. [The U.S.] suffers total discredit [of] the pretext to reduce the staff of the Embassies and affect the right to travel of Cubans and Americans.”

“Next April 19, in the year 150 of our independence fights, with the constitution of a new National Assembly of the Popular Power will culminate the general elections. Cubans and Cubans, especially the youngest, closely linked to the Party of the nation, founded by Martí and Fidel; together with Raúl, we will commemorate the victory against the mercenary aggression of Playa Girón [Bay of Pigs], firm, confident and optimistic.”

Vice President Pence[4]

 On April 14, as the last scheduled speaker at the Summit, Vice President Mike Pence touched on many issues. He said the following about Cuba.

A ”tired communist regime continues to impoverish its people and deny their most fundamental rights in Cuba.  The Castro regime has systematically sapped the wealth of a great nation and stolen the lives of a proud people.  Our administration has taken decisive action to stand with the Cuban people, and stand up to their oppressors.”

“No longer will the United States fund Cuba’s military, security and intelligence services — the core of that despotic regime.  And the United States will continue to support the Cuban people as they stand and call for freedom.”

“But Cuba’s dictatorship has not only beset its own people, as we all well know — with few exceptions in this room acknowledging that.  Cuba’s dictators have also sought to export their failed ideology across the wider region.  And as we speak, they are aiding and abetting the corrupt dictatorship in Venezuela.”

Earlier Vice President Pence met with  Rosa María Payá, daughter of the late Cuban dissident Oswaldo Payá, who told him about Cuba Decide, a movement that promotes political change in Cuba through peaceful mobilization and the holding of a binding plebiscite whereby the Cuban people would decide their political system. Payá said, “What the Cuban people want is freedom, what the Cuban people want is to decide on another system.” Pence told her that he admires “enormously the courage” that her father had, “his commitment to freedom in Cuba” and her “courage” with her current “important work. ‘We are with you for the freedom of the Cuban people,’

Reply by Cuba Foreign Minister[5]

Invoking the right of reply, Cuba Foreign Minister Rodríguez had these additional comments on April 14.

“The Vice President of the [U.S.] seems ill-informed, ignores reality, hides the truth. I want to ask Mr. Pence directly if the Monroe Doctrine guides his government or not, in his policy toward Latin America. I want to respond with words from Bolívar: ‘The United States seems destined by Providence to plague America with miseries in the name of freedom.’ I want to quote Marti: ‘What I did up to now, and I will do, is to prevent the United States from spreading through the Antilles and falling with that force more on the lands of America.’”

“I reject the insulting references to Cuba and Venezuela and the humiliating attitude for Latin America and the Caribbean that [the U.S.] has assumed. The moral vacuum of the government of the [U.S.] cannot be, it is not a reference for Latin America and the Caribbean.”

“In the last 100 years they bear the responsibility for the most brutal abuses against human rights and human dignity. All the despotic governments in the region, all without exception, have been imposed or have received support from the government of the [U.S.], including the most cruel military dictatorships. Shameful acts like Operation Condor[6] or the bloody coup d’état in Chile[7] are about the conscience of North American governments.”

“Mr. Pence’s country has been the first and the only one to use the nuclear weapon against innocent civilians. It is responsible for criminal wars and hundreds and hundreds of thousands of deaths, massacres of civilians, including children, women and the elderly, which they call collateral damage. It is responsible for acts of torture, disappearances, extrajudicial executions and kidnappings.”

“The government of the [U.S.] is the author of massive, flagrant and systematic violations of the human rights of its own African-American citizens, of Hispanics, of migrants and of minorities. It is a shame for humanity that in this country of extreme wealth there are tens and tens of millions of poor people. They have a differentiated racial pattern in their prisons and the application of the death penalty is where most judicial errors associated with the execution of people occur; It is where students are killed by guns, whose lives were sacrificed to the imperative of political lobbying, particularly in Florida”

“The government of the [U.S.] has received tens and tens of millions of dollars from the arms lobby, and a Miami senator [Marco Rubio] has received no less than 3 million for the same concept. Miami is where the political mafias are, where confessed international terrorists take refuge and is also the place of the famous electoral fraud of the year 2000.”

“Mr. Pence has not said, when he talks about corruption, that his country is the center of the laundering of financial assets of drug trafficking and the smuggling of arms to the south that destabilizes entire countries. The electoral system that has elected him and the legislature, in which he has served for a long time, is corrupt by nature, because it is supported in an unusually legal way in corporate financial contributions and the so-called Political Action Committees.”

“It is the [U.S.] government that imposes a fierce protectionism, which does not take into account that it will ruin industry, agriculture and employment throughout our region. It is where the political lobby has imposed the idea that climate change is an anti-American invention. It is the political and electoral system where there has been scandalous traffic with the private data of tens of millions of its citizens.”

“If [the U.S.] government were interested in the well-being, human rights and self-determination of Cubans, it could lift the blockade, collaborate with our international cooperation, instead of sabotaging it, and give funds to Cuban medical collaboration programs in the world and literacy programs.”

Mr. Pence “has referred insultingly to Cuba. I respond with the text of the Proclamation of Latin America and the Caribbean as a Zone of Peace, signed in Havana by the Heads of State of Latin America and the Caribbean in 2014, whose principles include the inalienable right of peoples and States to freely give their own political, economic, social and cultural system.”  I also respond with a paragraph of the historical document signed at the time of this event, at the José Martí International Airport in Havana, by His Holiness Pope Francis and by His Holiness Patriarch Kirill . . .:’Our fraternal encounter has taken place in Cuba, at the crossroads between North and South, East and West. From this island, symbol of the hopes of the New World and of the dramatic events of 20th century history … ‘”

“We are a few hours away from the 57th anniversary of the [Bay of Pigs] bombing of US planes at airports in Cuba, in which Cubans died in defense of our independence and sovereignty, in whose farewell to duel the socialist character of the Cuban Revolution was proclaimed, and It is surprising that, f[after] so many decades, Vice President Pence has come here to use the same language that led governments of that time to carry out this terrible event.”

“The events that have taken place in recent years [2014-2016] show that coexistence between the United States and Cuba is possible, productive and can be civilized. For that, do not wait for him, nor the delegation that now occupies the seat that he has just left, for Cuba to give up one millimeter of its principles, nor cease in its efforts to build socialism.”

Conclusion

Unfortunately these verbal skirmishes are to be expected in the Age of Trump at gatherings like the Summit. Now we all will see whether this week’s election of Cuba’s new President of the Council of State will lead to any changes in at least the rhetoric between the two countries. Also unfortunately most observers, including this blogger, do not anticipate any immediate changes.

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[1] Torres, OAS secretary general: ‘We cannot allow the Cuban people to continue to be oppressed,’ Miami Herald (April 13, 2018).

[2] Bruno Rodríguez at Summit of the Americas: “Cuba will not accept threats or blackmail from the United States, CubaDebate (April 14, 2018).

[3]  Then Secretary of State Rex Tillerson on February 1,  2018, in response to a professor’s question said that U.S. citizens had “forgotten about the importance of the Monroe Doctrine and what it meant to this hemisphere and maintaining those shared values. So I think it’s as relevant today as it was the day it was written.” (See Secretary Tillerson’s Provocative Comments About Latin America, dwkcommentaries.com (Feb. 7, 2018).)

[4] White House, Remarks by Vice President Pence at First Plenary Session of the Summit of the Americas (April 15, 2018); Mike Pence to Rosa María Payá: ‘We are with you for the freedom of the Cuba people,’ Diario de Cuba (April 14, 2018).

[5] Cuban foreign Minister: the US government cannot be a reference for Latin America, CubaDebate (April 15, 2018); The Cuban regime repeats its script in Lima: it says that “it will not negotiate anything or yield a millimeter, Diario de Cuba (April 14, 2018).

[6] Operation Condor was  campaign of political repression and state terror in Latin American countries involving intelligence operations and assassination of opponents, mainly civilians, originally planned by the CIA in 1968 and officially implemented in 1975 by the right-wing dictatorships of the Southern Cone region of South America.(Operation Condor, Wikipedia.)

[7] In 1973 Chili’s military deposed its President Salvador Allende and his government. In 2000 the U.S. Intelligence Community released a report that stated, “Although CIA did not instigate the coup that ended Allende’s government on 11 September 1973, it was aware of coup-plotting by the military, had ongoing intelligence collection relationships with some plotters, and—because CIA did not discourage the takeover and had sought to instigate a coup in 1970—probably appeared to condone it.” (1973 Chilean coup d’état, Wikipedia.)

 

Guantánamo: Trump’s Order Re-Ignites Controversy

President Trump on January 30 issued an executive order regarding the prison at Guantánamo, Cuba entitled the “Presidential Executive Order on Protecting American Through Lawful Detention of Terrorists.” It stated, ion part, ““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.” [1]

Shortly thereafter in his State of the Union Address the President announced this action with an additional  ad-libbed remark: “”in many cases terrorism detainees who are captured in the future will now be sent there.”

However, also after the speech, State and Pentagon officials said there were no plans to send new detainees to Guantanamo, a continuation of the practice for nearly the last 10 years.  And John Bellinger, a legal adviser in the Bush White House, said he thought that, given past failures, there would be institutional resistance to refilling the camp. “I  suspect the Departments of Defense, Justice and State would oppose sending new detainees to Guantánamo.”

This action has re-ignited controversy over the U.S. prison at the eastern end  of the island of Cuba in addition to those criticisms mentioned in the prior post.[2]

                                                     Re-Ignited Controversy

According to Robert M. Chesney, a law professor at the University of Texas, Austin who on the U.S. Justice Department detention policy task force in 2009, “Nothing in the new executive order changes the various legal and policy obstacles that help explain why no one was brought there in 2017.” Those obstacles are the Islamic State, transfers and the military commissions trial system at the prison.

  1. Is the U.S. at war with Islamic State detainees?

The legal basis for detention of al-Qaeda and Taliban fighters in the prison is the Authorization for Use of Military Force (AUMF) Act that was enacted imIslamic mediately after the 9/11 attacks for military action against the perpetrators of those attacks.

But it is at best unclear, and at worst illegitimate, to claim that AUMF covers Islamic State or ISIS fighters. Thus, transferring any of these individuals to Guantánamo runs the risk of a U.S. federal court ruling that such transfers and detentions are illegal.

This legal risk could be eliminated if Congress passed a new law specifically authorizing the use of U.S. military force against ISIS of the Islamic State, but is it safe to assume Congress would do so.

2. Would the U.S. have legal authority to transfer Islamic State detainees from Guantánamo?

Although the new Executive Order says that Guantánamo detainees may be transferred to the U.S. for trial in U.S. federal courts, there are existing federal statues that forbid such transfers.

Again Congress could pass new laws abolishing those restrictions, but is it safe to assume Congress would do so.

3. Are the military commissions at Guantánamo effective ?

Professor Chesney observes that this system “has floundered in practice, with contested cases bogging down in years of pretrial hearings.” Indeed, President Trump himself this last November acknowledged this problem when he explained why he had decided token the New York truck-attack suspect in the civilian criminal justice system instead of transferring him to Guantánamo.

4. Is the operation of the Guantánamo prison too expensive?

According to the most recently available government figures, Guantanamo cost $445 million to run in fiscal year 2015—making its current costs about $11 million per inmate.

By contrast, the average cost per inmate in the federal prison system was $31,620, the federal Bureau of Prisons said in a 2016 filing.

5. Is the Guantánamo prison a tainted symbol that fuels anti-Americanism?

Indeed, the prison is such a symbol and enhances anti-American sentiment throughout the world. This was a major reason for a Washington Post editorial condemning the Trump executive order. Said the Post, the prison has “incited a storm of international criticism, handed a recruitment tool to al-Qaeda.” This cost of the prison, the Post adds,  is exacerbated by the “hopelessly bogged down” military commissions at the prison in contrast to the over 600 convictions in terrorism cases in U.S. federal courts since 2001.

Mark Fallon, a former chief investigator of the Defense Department’s Criminal Investigation Task Force, said, even if no more prisoners are sent there, Trump’s announcement itself had already caused damage. “Globally [Guantánamo] symbolizes injustice, oppression and torture. And so when you see the president out there talking about expanding upon it, I’m just afraid that that it puts our troops in greater danger overseas and it jeopardizes our national security.”

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[2] President Trump’s Unsound Action Regarding the U.S. Prison at Guantánamo Bay, Cuba, dwkcommentaries.com (Jan. 31, 2018).

[2] Savage. Ordering Guantánamo to Stay Open Is One Thing, But Refilling It Is Another, N.Y. Times (Jan. 31, 2018); Editorial, Trump says he wants to refill Guantánamo. Bad Idea, Wash. Post (Feb. 1, 2018); Schwartz & Lubold, Trump’s Guantaanamo Move Keeps Prison and Detainees n Limbo, W.S.J. (Feb. 1, 2018);Borger & Smith, Guantánamo: Bush-era officials warn keeping prison open may be $6bn error, Guardian (Feb. 1, 2018).