President Trump Considering Another Hostile Action Against Cuba 

On January 16, U.S. Secretary of State Mike Pompeo extended for 45 days the right to bring certain lawsuits in U.S. federal courts  by Americans who owned property in Cuba that was confiscated by its government. [1]

The Announcement

The State Department stated that this 45-day extension, instead of the usual six-month extension, “will permit us to conduct a careful review of the right to bring action under Title III [of the Helms-Burton or LIBERTAD Act] in light of the national interests of the United States and efforts to expedite a transition to democracy in Cuba and include factors such as the Cuban regime’s brutal oppression of human rights and fundamental freedoms and its indefensible support for increasingly authoritarian and corrupt regimes in Venezuela and Nicaragua.”

This announcement added, “We call upon the international community to strengthen efforts to hold the Cuban government accountable for 60 years of repression of its people. We encourage any person doing business in Cuba to reconsider whether they are trafficking in confiscated property and abetting this dictatorship.”

This right to sue was created by Title III of the Helms-Burton Act of 1996. It would permit lawsuits against persons who profit from property in Cuba that was expropriated from Americans. For example, there could be hundreds of lawsuits against corporations around the world, such as  Spanish companies that run Cuban hotels as well as Chinese and Turkish firms renovating Cuban ports. Exempt from this provision of  the Act  are U.S. companies involved in U.S. legal travel to Cuba such as AirBnB, airlines and cruise companies. But the exact meaning of this exemption could be tested in litigation, for example, over U.S. and foreign airlines landing at Havana’s Jose Marti Airport, which is built on land expropriated from a family now living in Miami.

Every  U.S. president since the enactment of the Helms-Burton Act, starting with Bill Clinton and including Trump in 2017 and 2018, has suspended Title III, for six months each time, because of its potential to alienate U.S. allies and complicate any future American detente with Cuba. Moreover, not suspending title III would create a huge obstacle to new foreign investment in Cuba.[2]

The most recent extension of only 45 days and the stated reason for this extension raise the real possibility that the Trump Administration will grant no additional suspensions or waivers of Title III and thereby permit such lawsuits.

Reactions to This Announcement[3]

This announcement predictably was applauded by Senator Marco Rubio (Rep., FL). He said in a tweet that it “is a strong indication of what comes next. If you are trafficking in stolen property in #Cuba, now would be a good time to get out.” A similar opinion was expressed by Representative Mario Diaz-Balart (Rep., FL).

Three U.S. experts on Cuba, however, criticized this possible change. Professor William LeoGrande of American University said, “It would cause an enormous legal mess, anger U.S. allies in Europe and Latin America, and probably result in a World Trade Organization case against the U.S.” He added that the State Department previously had estimated that allowing Title III to go into effect could result in 200,000 or more lawsuits being filed. Another expert, Phil Peters, said, “If they take this decision they will be moving from a policy of limiting U.S. engagement with Cuba to a policy of very actively trying to disrupt the Cuban economy.” The third, Michael Bustamante, assistant professor of history at Florida International University, stated, “Legitimate property claims need to be resolved, but in the context of a bilateral negotiation. Those backing the enforcement of Title III seem most intent on sowing havoc rather than achieving a positive good.”

Cuban authorities naturally had negative reactions to this proposed change. President Miguel Diaz-Canel said on Twitter that “we vigorously reject this new provocation, meddling, threatening and bullying, in violation of international law.”

Cuban Foreign Minister Bruno Rodriguez described the announcement as “political blackmail and irresponsible hostility aimed at hardening the blockade on Cuba. The government of President Donald Trump threatens to take a new step that would reinforce, in a dangerous way, the blockade against Cuba, would flagrantly violate International Law and directly attack the sovereignty and interests of third countries. It . . . [is] a hostile act of extreme arrogance and irresponsibility [issued in] the disrespectful and slanderous language of the State Department’s public message.”

Conclusion

This U.S. announcement follows shortly after U.S. Senators Robert Menendez and Rubio called for another hostile U.S. action against Cuba—the re-establishment of the U.S. parole policy for Cuban medical professionals, which was criticized in a recent post.[4]

Both of these proposed U.S. actions may well have been promoted or provoked by National Security Advisor John Bolton, who has long-held hostile opinions about Cuba and more recently has called Cuba, Venezuela and Nicaragua “the Troika of Tyranny.” Moreover, on November 1 in Miami, Bolton said the Administration was “seriously” considering new measures against the Cuban government, including allowing Cuban exiles whose properties were confiscated by the Castro government to file lawsuits in U.S. courts against foreign companies currently using those properties.[5]

Both of these proposed hostile actions by the U.S., in this blogger’s opinion, are ill-advised as unnecessarily creating additional conflicts with a close neighbor, with whom the U.S. should be fostering better relations as was done by President Obama after December 17, 2014.

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[1] U.S. State Dep’t, Secretary’s Determination of 45-Day Suspension Under Title III of LIBERTAD Act (Jan. 16, 2019); Reuters, U.S. Considering  Allowing Lawsuits Over Cuba-Confiscated Properties, N.Y. Times (Jan. 16, 2019); Assoc. Press, Trump Weighs Dramatic Tightening of US Embargo on Cuba, N.Y. Times (Jan. 17, 2019).

[2] U.S..State Dep’t, United States Determination of Six Months Suspension under Title III of LIBERTAD Act (July 14, 2017); Lederman, Trump administration again suspends a part of Cuba embargo, Fox News (July 14, 2017); Whitefield, Trump to suspend lawsuit provision of Helms-Burton Act in August, Miami Herald (July 17, 2017); U.S. Continues To Suspend Part of Its Embargo of Cuba, dwkcommentaries.com (July 20, 2017); U.S. State Dep’t, United States Determination of Six Months Suspension under Title III of LIBERTAD Act (Jan. 24, 2018); State Department Creates Cuba Internet Task Force and Suspends Enforcement of Statutory Liability for Trafficking in Certain Cuban Expropriated Property, dwkcommentaries.com (Jan. 25, 2018); U.S. State Dep’t, Secretary’s Determination of Six Months Suspension under Title III of LIBERTAD Act (June 28, 2018); Whitefield, Trump administration extends ban on lawsuits over confiscated property in Cuba, Miami Herald (June 28, 2018).

[3] Fn. 1; Guzzo, U.S. might allow lawsuits over U.S. properties nationalized in Cuba, Tampa Bay Times (Jan. 17, 2019); Cuba Foreign Minister Rodriguez, Cuba strongly rejects the threat of activation of Article III of the Helms Burton Act, Granma (Jan. 17, 2019).

[4] Senators Menendez and Rubio Call for Restoring U.S. Parole Program for Cuban Doctors, dwkcommentaries.com (Jan. 11, 2019).

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

Recent Violence in Cameroon Calls for International Action

The  west-central African country of Cameroon has been experiencing increasing violence. The underlying conflicts giving rise to this violence are protests by the minority Cameroonians whose primary European language is English (the Anglophones) against discrimination and persecution of various forms and violence carried out by the national government that is controlled by the majority Cameroonians whose primary European language is French (the Francophones). [1]

The time has long come for people around the world to demand that the Cameroonian government, with the assistance of other countries and international agencies, address the legitimate grievances of the Anglophones and with the cooperation of certain Anglophone separatists bring this discrimination, persecution and violence to an end.

Recent Events[2]

There have been at least three recent events that demand that the U.N., the U.S. and others expand their roles in Cameroon to end the discrimination against the country’s Anglophones and the resulting violence..

The first happened on October 30. As discussed in a prior post, on that date, a U.S. citizen was killed by gunfire in one of the English-speaking regions.

Second, on October 31, the separatists kidnapped 11 male students children from a Presbyterian secondary  school in the English-speaking North West Region of the country, but were released after the school had paid a ransom of the equivalent of $4,400.

Third, on  November 4, the separatists kidnapped 78 students and three staff members from that same Presbyterian school.  On November 7, however, the separatists released all of the children after warning them not to go back to school; the principal and one teacher were retained. A school official said no ransom had been paid, but the church was forced to close the school and send 700 students home because the state cannot assure their security

Reactions to These Recent Events[3]

On November 5, the national leader of the Presbyterian Church in Cameroon (the Moderator), Rev. Fonki Samuel Forba, issued a statement on the recent events at one of its schools.

  1. It called on “whosoever has committed this grave act of inhumanity on these innocent children and the staff members of this institution to immediately and unconditionally release them.” [This] is an open serious crime against humanity that no one in his/her right senses, no government and organization would hesitate to vehemently condemn. We roundly and strongly condemn that intention, planning and execution of this act of kidnap with every iota of our energy!”
  2. “We call on both the Cameroon military and the Ambazonia militia to respect the right of children to education. This is a universal right that all governments and anti-government forces everywhere on earth respect and protect.”
  3. “We call on the government of the Republic of Cameroon to take very urgent measures to resolve the Anglophone crisis that has led to the killing of thousands of innocent children of God, be they military or civilians, and the destruction of overwhelming private and public property, homes of people and entire villages.”
  4. “ We call on both the Cameroon government and the Amazonia fighters to agree on providing maximum security for the innocent young Cameroonians to exercise their right to study. And that these innocent children and their teachers should not be used as baits and sacrificial lambs.”
  5. “We call on the international community to take note of these grievous cycle of acts of inhumanity that have become a daily occurrence in Anglophone Cameroon that puts the lives of over seven million people in harm’s way. We also call on the international community not to be aloof, but look for ways to urgently assist in ending this crisis.”
  6. “That we will suspend the education of young Cameroonians provided by the Presbyterian Education Authority . . . wherever there are security challenges.”

The Moderator’s statement concluded with “a call on all God-fearing Cameroonians and beyond to continue to pray fervently that God should take away this dark cloud of evil and wickedness that has descended on Cameroon, particularly the Anglophone community.”

On November 8, the Presbyterian Church (U.S.A.) issued a statement that called for various actions by U.S. Presbyterians, including  contacting “Secretary of State Mike Pompeo to thank him for the State Department’s call for peaceful dialogue and unhindered access to humanitarian aid workers.”  In addition, ask “him to continue to monitor the situation and support a peaceful resolution to the conflict.”

On November 6, the  U.N. Secretary-General Antonio Guterres condemned the kidnapping of the children and school staff members. He called for “their immediate release and return. . . .  There can be no justification for these crimes against civilians, particularly minors.” He added that the U.N. “stands ready to assist” in the peaceful resolution of the conflict in Cameroon.

On November 6, the U.S. State Department Spokesperson, Heather Nauert, issued a statement condemning “in the strongest possible terms, the November 5 kidnapping of [these]  students and staff and calling for their “immediate and safe return.” She also “expresses grave concern over the burgeoning Anglophone Crisis in Cameroon’s Northwest and Southwest regions. We urge an immediate halt to the indiscriminate targeting of civilians and burning of houses by Cameroonian government forces and to attacks perpetrated by both Anglophone separatists against security forces and civilians. The systematic intimidation based on ethnic and religious affiliation, including in Yaoundé and Douala, must stop.” Finally she urged “all sides to end the violence and enter into broad-based reconciliatory dialogue without preconditions.”

This U.S. Citizen’s Response

As a U.S. citizen of  European-American heritage, I have been blessed to have many Cameroonian-American friends through our mutual membership at Minneapolis’ Westminster Presbyterian Church as well as many Cameroonian friends through our church’s partnerships with a Presbyterian Church in Kumba Town in the Southwest (Anglophone) Region of Cameroon and with an HIV-AIDS non-profit organization in Douala, the financial center of the country in its Francophone area. These connections have led to my participation in a Westminster mission trip to that country and to fellowship this past May with a Cameroonian delegation to our Minneapolis church.

I, therefore, appreciate the preceding comments by leaders of the Presbyterian Church in Cameroon and the U.S and by officials of the U.N. and the U.S.

But their words are not enough. There needs to be action with at least the threat of the use of military force by the U.N., the African Union and/or the U.S. to broker an enforceable agreement to stop the Cameroonian government discrimination, persecution and violence against their own citizens whose primary European language is English and to stop the violence perpetrated by those Anglophones whose patience has been exhausted.

A copy of this blog post will be sent to Cameroon President Paul Biya; U.S. President Donald Trump; U.S. Secretary of State Mike Pompeo; U.S. Ambassador to  Cameroon Peter Henry Barium; U.S. Senators Amy Klobuchar and Tina Smith; U.S. Representative Keith Ellison; U.S. Represntative-Elect Ilhan Omar; Rev. Denise Anderson and Rev. Jan Edmiston, Co- Moderators of the Presbyterian Church (U.S.A.); Rev. Fonki Samuel Forba, Moderator of the Presbyterian Church in Cameroon; the U.N. Secretary-General Antonio Guterres; the U.N. High Commissioner for Human Rights Michelle Bachelet Jeria; Paul Kagame, Chairperson of the African Union; and Emmanuel Macron, President of France.

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[1] Previous posts about Cameroon are listed in List of Posts to dwkcommentaries.com–Topical: CAMEROON.

[2] Assoc. Press, Separatists Kidnap 79 Pupils in Cameroon’s Restive Northwest, N.Y. Times (Nov. 5, 2018); Searcey, Cameroon Students Have Been Released, Officials Say, N.Y. Times (Nov. 7, 2018); Assoc. Press, 79 Kidnapped Cameroon Students Freed, Says Church Official, N.Y. Times (Nov.7, 2018); Reuters, Cameroon Child Kidnappers Warned Victims Not to Go To School, N.Y. Times (Nov. 8, 2018).

[3] Assoc. Press, UN Chief Urges Speedy Release of Kidnapped Cameroon Pupils, N.Y. Times (Nov. 6, 2018); U.S. State Dept, U.S. Concerned Over Violence Uptick in Cameroon (Nov. 6, 2018); Moderator, Rev. Fonki Samuel Forba, Presbyterian Church in Cameroon, Communique on Successive Abductions at Presbyterian Secondary School (PSS), Nkwen, Bamenda (Nov. 5, 2018); U.N., Secretary-General Condemns Kidnapping of Students, School Staff in Cameroon (Nov.6, 2018).