Tag: U.S. Secretary of State Mike Pompeo

U.S. Authorizes U.S. Litigation Against Entities on Cuba Restricted List

On January 16, 2019, 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. The stated reasons for this 45-day extension, instead of the long-standing practice of granting six-month extensions was to “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.”  [1]

Secretary Pompeo’s New Statement [2]

On March 3, Secretary Pompeo issued another statement on this subject with two parts.

The first part granted “an additional suspension for 30 days through April 17, 2019, of the right to bring an action under Title III [of this federal statute as] necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.” with the below exception. Beginning March 19, suspension shall not apply to:

The second part of this statement, however, contained an exception to this further suspension. Beginning March 19, this suspension will not apply to the “right to bring an action against a Cuban entity or sub-entity identified by name on the State Department’s List of Restricted Entities and Sub-entities Associated with Cuba (known as the Cuba Restricted List), as may be updated from time to time.” This exception protects, for now any foreign firm from such U.S. litigation.

The Cuba Restricted List [3]

This statement explained that the “Cuba Restricted List identifies entities and sub-entities under the control of Cuban military, intelligence, or security services. These security services are directly responsible for the repression of the Cuban people. We encourage any person doing business in Cuba to reconsider whether they are trafficking in confiscated property and abetting the Cuban dictatorship.”

The first such Restricted List was promulgated by the State Department in November 2017,, with a list of 180 entities and subentities that the Department had determined were owned or controlled by “the large military-run corporations that dominate the Cuban economy. These include GAESA and CIMEX, the holding companies that control most retail business on the island; Gaviota, the largest tourism company; and Habaguanex, the firm that runs Old Havana.

This list was amplified on November 14,  2018, with the addition of 26 subentities. According to the State Department, “direct financial transactions [by U.S. nationals] with these entities are generally prohibited because they would disproportionately benefit those entities or personnel at the expense of the Cuban people or private enterprise in Cuba.”

Cuba’s Reaction  [4]

Also on March 4 the Cuba’s foreign Ministry issued the following lengthy rejection of this U.S. move:

  • “The Ministry of Foreign Affairs rejects in the strongest terms the new escalation in the US aggressive behavior against Cuba.”
  • “Since its entry into force in 1996, the Helms-Burton Act has sought to universalize the economic blockade through brutal and illegal pressures exerted by the United States against third countries, their governments and companies.  It is intended to suffocate the Cuban economy and generate or increase shortages among the population with the purpose of imposing in Cuba a government that serves the interests of the US.”
  • “Given the illegitimate character of the goals they pursue, which are contrary to International Law, the Helms-Burton Act and the blockade arouse universal rejection, which has been reiterated for almost three decades at the most important regional and international fora.  The most recent example of that was the United Nations General Assembly meeting held on November 1, [2018] when said policy was rejected through 10 consecutive votes, thus leaving the US in complete isolation.”
  • “Title II of the Helms-Burton Act states that the overthrowing of the revolutionary government, the subsequent tutelage by a US intervenor and the ultimate establishment of a counterrevolutionary government subordinated to Washington would unequivocally pursue the return or compensation to former owners for all the properties they or their descendants might claim, regardless of whether or not they were US citizens at the moment when nationalizations took place or the fact that they abandoned them. During all that period, the economic blockade would continue to be fully implemented.”
  • “Consequently, Cubans would be forced to return, reimburse or pay to US claimants for the house where they live, the area on which their communities are built, the arable land  where they farm  their products, the school where their children are educated, the hospital or polyclinic where  they receive medical assistance, the place where their workplace is located or where they have a private business, and also for subsidized services such as electricity, water, and communications enjoyed by the population.”
  • “This is an aspiration that can only be conceived by the minds of those who identify Cuba s a colonial possession.  According to the Helms-Burton Act, the economic blockade would be lifted only when that ambition is fulfilled.”
  • “This law relies on two fundamental lies: the notion that nationalizations carried out soon after the triumph of the Revolutionary were illegitimate or inappropriate and that Cuba is a threat to the US national security.”
  • “Cuban nationalizations were carried out in accordance with the law, strictly abiding by the Constitution and in conformity with International Law. All nationalizations included processes of fair and appropriate compensation, something that the US government refused to consider.  Cuba reached and honored global compensation agreements with other nations which are today investing in Cuba, such as Spain, Switzerland, Canada, United Kingdom, Germany and France.”
  • The real threat against regional peace and security are the irresponsible declarations and actions of the US government as well as the destabilizing plans against Latin America and the Caribbean aimed at pursuing the stated purpose of imposing the Monroe Doctrine.”
  • [Cuba’s] Reaffirmation of   Cuban Dignity and Sovereignty Act of December 24, 1996, states that the Helms-Burton Act is illegal, inapplicable and has no legal value or effect whatsoever. It considers null and void any claim under that law by any natural or juridical person.”
  • “According to that [Cuban] law, claims for compensation for nationalized properties could be part of a process of negotiation on the based on equality, mutual respect between the governments of Cuba and the United States, and be “reviewed together with the indemnifications the Cuban State and people are entitled to as a result of the damages caused by the blockade and   aggressions of every sort, of which the US government is responsible”. It also makes it clear that those who resort to procedures or mechanisms under the Helms-Burton Act to the detriment of others shall be excluded from possible future negotiations.”
  • “The Cuban Government reiterates to all economic partners and foreign companies operating in Cuba that full guarantees will be granted to foreign investments and joint projects. Article 28 of the Cuban Constitution, which was ratified by an overwhelming majority on February 24, 2019, also recognizes those guarantees, which are also included in [Cuban] Law No. 118 on Foreign Investments of March 29, 2014.”
  • “Today’s [U.S.] decision imposes additional obstacles to our economic development and progress goals, but the United States will keep on failing to achieve its main purpose of submitting by force the sovereign will of Cubans and our determination to build socialism. The majority feelings of the peoples of Cuba and the United States in favor of improving relations and establishing a civilized and respectful coexistence shall prevail.”

Other Reactions

John Bolton, U.S. National Security Advisor commented the same day in the following tweet: “Cuba’s role in usurping democracy and fomenting repression in Venezuela is clear. That’s why the U.S. will continue to tighten financial restrictions on Cuba’s military and intel services. The region’s democracies should condemn the Cuba regime.”

Senator Marco Rubio (Rep., FL) had a similar tweet: “Today expect the United States to take the first in a series of steps to hold the regime in #Cuba accountable for its 60 years of crimes & illegality which includes its support for the murderous #MaduroCrimeFamily. Justice is coming. And more to come.”

Rubio also joined with U.S. Senator Rick Scott (Rep., FL) and U.S. Representative Mario Diaz-Balart (Rep., FL) in issuing the following lengthier statement supporting this Trump Administration move. [5]

Senator Rubio made the initial comments of the Press Release,“‘President Trump is sending a strong message that the United States will not sit idly by while the Cuban regime continues to support the Maduro crime family at the expense of the Venezuelan people,’ Rubio said. ‘For 60 years, the Cuban regime has forced millions into exile, destabilized neighboring countries, given safe harbor to fugitives from justice and to international terrorists, and made millions trafficking in stolen property. By beginning the process of implementing Title III of the Helms-Burton Libertad Act, the United States is holding the Cuban regime accountable for its crimes, including its support for the murderous Maduro crime family. Justice is coming — and it is just getting started.’”

Senator Scott added, “The Administration’s plan to fully and immediately implement Title III and IV of the Libertad Act signals to the international community that the United States is serious about its commitment to freedom and democracy in Cuba. Allowing American citizens to sue for stolen property in Cuba and denying foreign nationals involved in trafficking stolen property entry into the United States is a huge step toward cutting off the money supply to the Castro Regime. It is clear that where we see instability, chaos and violence in Latin America, we also see the fingerprints of the Castro regime and their money – and this action by the administration is an important step in stabilizing the entire region. President Trump’s strong action on the Libertad Act will further hold the Cuban regime accountable. I urge him to continue with the planned implementation this month so we can help begin a new day of freedom and democracy for Cuba and its people.”

Representative Diaz-Balart stated, “Today, the Trump Administration took another important step toward righting some of the wrongs perpetrated by a dictatorship that brutally oppresses its people and opposes U.S. interests at every opportunity. Shamefully, for nearly twenty-two years since the LIBERTAD Act’s enactment, unscrupulous businesses have ignored this important provision in U.S. law and have chosen to partner with tyrants. This is just the first action of many regarding the Administration’s actions on Title III. Justice for the victims of the Castro regime’s confiscations is long overdue. Years of consecutive extensions may have lulled some into a false sense of impunity. Yet now companies which willingly entangle themselves in partnerships with the anti-American, illegitimate, and oppressive regime in Cuba are on notice that they will be held responsible for their part in callously benefiting from the extensive losses suffered by victims of the regime. I will continue to work with the Administration, Senator Rubio, and my congressional colleagues to ensure the United States continues to pressure the Castro regime and move forward with the full implementation of Title III.”

 Conclusion

This U.S. announcement may have only symbolic significance.

First, according to the Associated Press, “virtually none of the businesses [on the State Department’s Cuba Restricted List has] . . . any links to the U.S. legal or financial systems, meaning the ability to sue [in the U.S.] is unlikely to have any effect on the Cuban economy or foreign businesses that work with the socialist government.” In lawyer’s language, any lawsuit in a U.S. court against an entity on the Cuba Restricted List should be subject to a very strong objection for lack of personal jurisdiction over the Cuban entity, meaning any such case very likely would be dismissed at the commencement of the case. [6]

Second, another potential defense to a U.S. lawsuit might be sovereign immunity.

Third, it would be insane for any U.S. claimant to sue any of the Cuban entities in a Cuban court, which would throw out any such case and perhaps impose some penalty on the claimant for bringing such a case.

Fourth, if any of the Cuban entities are present in other countries of the world, a lawsuit there by a U.S. claimant presumably would not be subject to a lack of personal jurisdiction defense, but other defenses might be available plus other countries’ possible hostility to the overall purposes of the Helms-Burton Act and U.S. policies towards Cuba.

Finally Cuba correctly observes that it recognizes that it has an international legal obligation to compensate foreign owners of expropriated property and that it has settled many (all?) such claims by non-U.S. persons. Moreover, under the U.S.-Cuba rapprochement in 2015-16 the two counties had discussions about the U.S. claims although the details have not been publicly released. A major impediment to such a negotiated settlement is Cuba’s lack of financial resources for such payments. Therefore, this blogger has suggested in another post that the only realistic result is for the two countries to reach an overall settlement, including Cuba’s claims against the U..S., which would have the net effect of the U.S. government’s paying the U.S. claims for expropriated property,   =================================

[1] Update on Trump Administration’s Threat To Allow U.S. Litigation Over Cuba’s Expropriated Property, dwkcommentaries.com (Jan. 30, 2019).

[2] State Dep’t, Secretary Enacts 30-Day Suspension of Title III (LIBERTAD Act) With an Exception (Mar. 3, 2019); Reuters, Foreign Partners Excluded From U.S. Lawsuits Against Cuban Firms: Official, N.Y. times (Mar. 4, 2019). 

[3] New Restrictions on U.S. Travel to Cuba and Transactions with Certain Cuban Entities, dwkcommentaries.com (Nov. 8, 2017);More Cuban Businesses Forbidden to U.S. Visitors, dwkcommentaries.com (Nov. 16, 2018).

[4] Cuba Foreign Ministry, Declaration of the Ministry of Foreign Affairs: Cuba Strongly Rejects New Aggressive Escalation by the United States (Mar. 4, 2019).

[5] Press Release: Rubio, Scott, & Diaz-Balart Commend Trump Administration’s Decision to Hold the Communist Cuban Regime Accountable for Crimes (Mar. 4, 2019).

[6] Assoc. Press, Trump Symbolically Tightens Embargo on Cuba, N.Y. Times (Mar. 4, 2019). See The Personal Jurisdiction Requirement for Civil Lawsuits in U.S. Courts, dwkcommentaries.com (Aug. 8, 2011).

U.S. and Cuba Exchange Insults Over Cuba’s Constitutional Referendum

As reported in a prior post, on February 24, Cuba held a referendum with 6.8 million “YES” votes (78.6% of eligible registered voters) approving a new constitution for the island.

Pompeo’s Statement

Two days later, U.S. Secretary of State Mike Pompeo issued a statement entitled “Cuba’s So-Called Referendum.” [1] It said the following:

  • “On February 24, the Cuban communist regime held what it called a “national referendum” on revisions to its constitution. No one should be fooled by this exercise, which achieves little beyond perpetuating the pretext for the regime’s one-party dictatorship. The entire process has been marked by carefully managed political theater and repression of public debate.”
  • “The new constitution primarily affirms the Communist Party’s role as the only legal political party and decrees the socialist system “irrevocable,” blocking the possibility of desperately needed economic reform. This document also fails to guarantee the Cuban people their fundamental freedoms.”
  • “While the regime claims Sunday’s vote was democratic, Cuban authorities harassed and detained dozens of observers and peaceful protestors, confiscating phones and devices. Earlier this month more than 120 activists initiated a hunger strike to send a message to the regime that the Cuban people reject these oppressive tactics. We strongly condemn these attempts to silence peaceful protests, which show that Cuba’s leaders fear the Cuban people.”
  • “The United States continues to stand with Cubans who have suffered for 60 years the revolution’s failed political system and economic mismanagement. We believe that history is on the side of the brave Cuban people, and that this hemisphere is a region where democracy, freedom, and human dignity reign supreme. We urge the democracies of the world to join us in standing with the people of Cuba and their peaceful calls for democratic reform.”

Cuba’s Response

Cuba strongly rejected  Pompeo’s “disrespectful statement,” which, Cuba said, is “an expression of the imperialist ideas which are deeply rooted in the foreign policy of the current US administration . . . [and] a reflection of the already announced desire to impose once again, in the western hemisphere, the Monroe Doctrine, accompanied now by some McCarthyist intolerance.” Moreover, the Cuban statement also said the Cuban people expressed “their will in a massive way, despite the pernicious campaign launched by the United States which was intended to influence their vote.  It’s been long since we Cubans decided to frustrate every US attempt to govern our country’s destiny.”

Finally, the Cuban Foreign Ministry stated, the U.S. “should put an end to the practice of interfering in the internal affairs of other States and the electoral or voting processes of other nations.  This is a weird habit that is contrary to International Law, with which the US government defies the norms that govern relations among sovereign States.”

Conclusion

There are legitimate grounds for the U.S. asserting that the new constitution makes the Cuban Communist Party the only legal political party and the socialist system  “irreversible.” In addition, there is evidence that the Cuban government harassed and detained critics of the new constitution.[3] But it is hardly diplomatic for the U.S. to say that this was a “so-called referendum.”

Cuba, on the other hand, had legitimate grounds for its criticism of the Pompeo statement. But, in this blogger’s opinion, Cuba went overboard in calling that statement an Interference in Cuba’s internal affairs that was contrary to international law.

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[1] State Dep’t, Cuba’s So-Called Referendum (Feb. 26, 2019).

[2] Cuba Foreign Ministry, Declaration by the Foreign Ministry of Cuba (Feb. 26, 2019). 

[3] See Cuba Arrests Opponents of Proposed New Constitution, dwkcommentaries.com (Feb. 14, 2019); Cuban Citizens Approve New Constitution, dwkcommentaries.com (Feb. 26, 2019). 

 

Professor LeoGrande’s Argument Against U.S. Litigation Over Cuban Expropriated Property

Senator Patrick Leahy in his lengthy February 15 speech on the Senate floor, which was repeated in a prior post, had appended to his remarks an article about Cuba by a noted U.S. expert on the country, Professor William L. LeoGrande of American University. Here is the text of that article, “President Trump Risks Alienating Allies Over Cuban American Property Claims” from OnCubaNews (2/13/19).

“The Trump administration is seriously considering whether to allow Title III of the Cuban Liberty and Democratic Solidarity Act (Helms-Burton) to go into effect in March, according to National Security Adviser John Bolton. On January 16, Secretary of State Mike Pompeo announced that he was suspending Title III for just 45 days instead of the usual six months while the administration reviews whether its implementation would promote democracy in Cuba. He warned foreign companies doing business on the island that they had better ‘reconsider whether they are trafficking in confiscated property and abetting this dictatorship.’”

“Title III allows U.S. nationals to file suit in U.S. courts against anyone ‘trafficking’ in their confiscated property in Cuba—that is, anyone profiting from it. If President Trump allows Title III to go fully into effect, he will open the door to as many as 200,000 law suits by U.S. nationals, most of them Cuban Americans, whose property was taken by the Cuban government after 1959. U.S. courts would be swamped, the ability of U.S. companies to do business on the island would be crippled, and allies abroad might retaliate for U.S. suits brought against their companies in Cuba. Once the suits have been filed, there will be no way to undo the resulting legal chaos and the tangle of resulting litigation could take years to unwind.”

“The U.S. Foreign Claims Settlement Commission has certified 5,913 claims of U.S. nationals whose property was seized. These are the claims that Cuba recognizes and that the United States and Cuba had begun to discuss during the Obama administration. But Title III takes the unusual position of allowing naturalized Cuban Americans who lost property to also file suit against alleged traffickers. Normally, international law recognizes the sovereign right of governments to dispose of the property of their own citizens. According to the Department of State, by including Cuban Americans who were not U.S. citizens when their property was taken, Title III creates the potential for an estimated 75,000-200,000 claims worth ‘tens of billions of dollars.’”

“Back in 1996, when the law was being debated in Congress, angry opposition from U.S. allies Canada, Mexico, and the European Union, whose companies doing business in Cuba would be the targets of Title III law suits, led President Bill Clinton to insist on a presidential waiver provision in Title III. As a result, the president has the authority to suspend for six months the right to file Title III law suits, and he can renew that suspension indefinitely. Every six months since the Cuban Liberty and Democratic Solidarity Act was passed, successive presidents, Democrat and Republican alike, have continued the suspension of Title III.”

“U.S. allies have denounced Title III’s extraterritorial reach. Mexico, Canada, the United Kingdom, and the European Union all passed laws prohibiting compliance with it. The European Union also filed a complaint with the World Trade Organization, which it did not pursue after President Clinton suspended Title III. In fact, the principal justification both President Clinton and President George W. Bush offered for continuing the suspension was the need to maintain cooperation with European allies.”

“If President Trump does not renew the suspension, all these old wounds with allies will be reopened as U.S. claimants try to haul foreign companies into U.S. courts for doing business in Cuba. We already have enough tough issues on our agenda with Mexico, Canada, and Europe without adding another one. At this very moment, Washington is trying to muster their support in dealing with the Venezuelan crisis, support that could be endangered if the administration picks a fight with them over Title III.”

“U.S. businesses would not be exempt from potential liability. A Cuban American family in Miami claims to have owned the land on which José Martí International Airport was built, so any U.S. carrier using the air field could conceivably be sued under Title III. Another family that owned the Port of Santiago could file suit against U.S. cruise ships docking there.”

“Moreover, it would be almost impossible for a U.S. or foreign company to know in advance whether a proposed business opportunity in Cuba might become the subject of Title III litigation. “This will effectively end for decades any attempt to restore trade between the U.S. and Cuba,” attorney Robert Muse told the Tampa Bay Times.”

“When President Trump announced new sanctions on Cuba back in June 2017, senior administration officials said they were designed “to not disrupt existing business” that U.S. companies were doing in Cuba. If the president fails to continue the suspension of Title III, business relations will be disrupted far more severely and irreparably than they would be by any regulatory change.”

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Leahy, Statement of Senator Leahy On the Freedom To Export To Cuba Act (Feb. 15, 2019); LeoGrande, Trump and Cuban-American property claims, OnCubaNews (Feb. 11, 2019). See also President Trump Considering Another Hostile Action Against Cuba, dwkcommentaries.com (Jan. 18, 2019); Update on Trump Administration’s Threat To Allow U.S. Litigation Over Cuba’s Expropriated Property, dwkcommentaries.com (Jan. 30, 2019).

Proposed Resolution of U.S.-Cuba Issues

The 60 years of U.S. hostility towards Cuba (with the two-year respite (2014-2016) under President Obama) have left many important unresolved issues.[1] Here is at least a partial list of those issues:

  1. U.S. ending embargo (blockade) of Cuba?
  2. U.S. response to Cuba’s claims for alleged damages from embargo & other acts?
  3. U.S. closing its detention facility at Guantanamo Bay?
  4. U.S. paying Cuba for use of Guantanamo Bay, 1960— ?
  5. U.S. returning Guantanamo Bay to Cuba or entering into new lease of territory?
  6. Cuba paying U.S. persons for expropriated property, 1959-60?
  7. U.S. ending unilateral “democracy promotion” activities in Cuba?
  8. Mutual extradition of the other’s criminal suspects & convicts?
  9. Cuba improving human rights?
  10. U.S. & Cuba resolving responsibility for medical problems of U.S. diplomats in Cuba, 2016-??
  11. U.S. ending or modifying U.S. ban on transactions with certain Cuban entities on the State Department’s “Cuba Restricted List”?
  12. U.S. possible restoration of parole for Cuban medical professionals?
  13. U.S. possible allowance of lawsuits for expropriated Cuban property?
  14. U.S. possible re-designation of Cuba as a “state sponsor of terrorism” due to Cuban military aid to Venezuela?
  15. U.S. possible adoption of other U.S. hostile acts against Cuba proposed by President Trump, National Security Advisor Bolton, Secretary of State Pompeo, Senator Rubio, et al.?

Many of these issues were discussed in the meetings of the two countries in 2015-17 although the substance of the discussions have not been publicly disclosed.

If I were President with a supportive Congress,  I would work for the following comprehensive bilateral resolution:of these issues:

  • U.S. ends embargo (blockade) of Cuba;
  • U.S. ends unilateral “democracy promotion” efforts in Cuba;
  • U.S. closes detention facility at Guantanamo Bay;
  • U.S. pays Cuba for its use of Guantanamo Bay, 1960 to date;
  • U.S. and Cuba enter into new lease of Guantanamo Bay at fair market value rental;
  • U.S. pays Cuba for alleged damages caused by U.S. embargo (blockade);
  • Cuba agrees to pay fair market value, with interest, to U.S. owners of expropriated property (potentially with funds provided by U.S. paying Cuba for past use of Guantanamo Bay; for future use of Guantanamo Bay under new lease; and for alleged damages caused by U.S. embargo (blockade));
  • U.S. abolishes Title III of Helms-Burton Act allowing U.S. owners of expropriated property to sue persons trafficking in property owned by U.S. persons that were expropriated by Cuba (1959-60);
  • U.S. agrees not to reintroduce parole for Cuban professional medical personnel;
  • U.S. agrees not to re-designate Cuba as “state sponsor of terrorism;”
  • U.S. and Cuba enter into new agreement on mutual extraditions;
  • U.S. and Cuba agree on bilateral ways to improve Cuban human rights and Internet access; and
  • U.S. and Cuba resolve issues regarding medical problems of US diplomats in Cuba (2016-??).

The proposal to have the U.S. use some or all of its payments to Cuba for Guantanamo usage and alleged Cuban damages from the embargo for the U.S. to pay for the U.S. claims for Cuba’s expropriations  is based on the painful realization that Cuba does not have the resources to pay for any significant portion of these U.S. claims.

Cuba repeatedly has asserted that the U.S. use of Guantanamo Bay is an illegal occupation and the property should be returned to Cuba. Because of the  U.S. argument to legally have occupied the territory under the 1903 lease and because of U.S. current national security concerns, however, the U.S. would not and should not agree to this Cuban proposal, especially since Cuba is developing closer relationships with Russia and China, which potentially could occupy Guantanamo to enhance their threats to the U.S.

Failure to reach agreement on any of these issues may well result in narrowing the issues, and any unresolved issues should be submitted to a binding international arbitration at the Permanent Court of Arbitration at the Hague in the Netherlands. Based on this blogger’s experience as a corporate litigator in U.S. courts, I note that many cases like the one proposed for arbitration of the Cuban and U.S. claims frequently are settled before they go to trial.

One example of narrowing the issues is Cuba’s recognition with other countries that it has an international legal obligation to pay for expropriated property, which is the major premise of the U.S. claims for expropriated property. That would leave important, subsidiary issues: are the claimants valid owners of the Cuban properties; what were the fair market values of the properties at the time of expropriation; and what is a fair rate of interest on the claims?

I invite anyone with other ideas for a comprehensive bilateral resolution of outstanding issues or objections to my proposed resolution to share them in reasoned comments to this post.

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[1] These issues are discussed in many posts listed in List of Posts to dwkcommentaries—Topical: CUBA.

U.S. Urges U.N. Security Council To Reject Venezuela’s Maduro and Embrace Guaido

On January 26 the U.N. Security Council met to debate action on the crisis in Venezuela.[1]

U.S. Secretary of State Mike Pompeo, after giving examples of the despair of ordinary Venezuelans, asserted that the U.S. was there “ to urge all nations to support the democratic aspirations of the Venezuelan people as they try to free themselves from former President Maduro’s illegitimate mafia state. . . .The humanitarian situation demands action now; it demands action today.”

As a result, the U.S. “ stands with the Venezuelan people. So far, many other nations have chosen to do the same and they too have recognized the legitimate government of interim President Guaidó. The United States stands proudly with you as we stand together in support of Venezuela. You knew the Venezuelan people did not have a moment to spare.”

After criticizing China and Russia for supporting Maduro, Pompeo said, “But no regime has done more to sustain the nightmarish condition of the Venezuelan people than the regime in Havana. For years, Cuban security and intelligence thugs, invited into Venezuela by Maduro himself and those around him, have sustained this illegitimate rule. They have trained Maduro’s security and intelligence henchmen in Cuba’s own worst practices. Cuba’s interior ministry even provides a former – provides former President Maduro’s personal security. Members of this body often use their microphones here to condemn foreign interference in internal affairs. Let’s be crystal clear: the foreign power meddling in Venezuela today is Cuba. Cuba has directly made matters worse and the United States and our partners are the true friends of the Venezuelan people.” (Emphasis added.)

Elliott Abrams, the new U.S. Special Envoy for Venezuela, following Secretary Pompeo, noted that every criticism [of the U.S.] came from a country that is not democratic. And he accused Venezuela of being a “satellite” of Cuba and Russia. “This is not about foreign intervention in Venezuela,. It is not an attempt to impose a result on the Venezuelan people. Democracy never needs to be imposed. It is tyranny that has to be imposed.”

The ambassadors of Russia and China, both permanent members of the Security Council with veto power, said they considered the political and humanitarian crisis in Venezuela an internal matter and urged the United States to stop meddling. The Russian ambassador said, “If anything represents a threat to peace and security, it is the shameless and aggressive actions of the United States and their allies to oust a legitimately elected president of Venezuela.” The U.S., he said, was trying “to engineer a coup d’etat in Venezuela.”

Venezuelan Foreign Minister Jorge Arreaza then took a personal swipe at Abrams, noting that he had pleaded guilty to lying to Congress about the Reagan administration’s support for contra rebels fighting the government in Nicaragua,

UN Under Secretary-General of Political and Peacebuilding, Rosemary DiCarlo, made a logical, but unpersuasive suggestion: “We must try to help bring about a political solution that will allow the country’s citizens to enjoy peace, prosperity and all their human rights,”  This essentially reiterated the plea earlier in the week by U.N. Secretary-General, Antonio Guterres  urging all parties to “lower tensions and calling for all relevant actors to commit to inclusive and credible political dialogue. Concerned by reports of casualties in the context of demonstrations and unrest in and around the capital Caracas, the UN chief also called for a transparent and independent investigation of those incidents.

The Security Council, however, took no vote on the situation in Venezuela under the threat of vetoes by permanent members Russia and China. This was presaged by the vote to consider the Venezuela crisis: nine in favor (Belgium, Dominican Republic, France, Germany, Kuwait, Peru, Poland, United Kingdom, United States) to four against (China, Equatorial Guinea, Russian Federation, South Africa) with two abstentions (Côte d’Ivoire, Indonesia).

The next day, January 27, U.S. National Security Advisor, John Bolton, tweeted, “ “Any violence and intimidation against U.S. diplomatic personnel, Venezuela’s democratic leader, Juan Guiado (sic), or the National Assembly itself would represent a grave assault on the rule of law and will be met with a significant response,” Bolton also noted Cuba’s support for Venezuelan leader Nicolas Maduro’s paramilitary forces.

Other Commentary[2]

After the Council’s meeting, Cuba Foreign Secretary, Bruno Rodriguez, tweeted, “”I categorically reject slanderous accusations against #Cuba from the US Secretary of State in the Security Council of @ONU_es. His assault on #Venezuela constitutionality, orchestrated from Washington, will fail despite the lies.” Another of his tweets stated, “Secretary of State slanders Cuba to justify a coup against the constitutional power in #Venezuela. Washington designed, financed and managed the alleged usurpation of the Venezuelan Presidency,” The U.S. was doing so “”on the basis of unfounded accusations, false data and masking role of his Government in orchestrating that assault on regional peace. ”

In addition to the above developments,  the U.K. joined the U.S., Germany, France and Spain in backing  Guaidó. The U.K. Foreign Secretary Jeremy Hunt, said, ““After banning opposition candidates, ballot box stuffing and counting irregularities in a deeply-flawed election it is clear Nicolás Maduro is not the legitimate leader of Venezuela.”  Therefore, the U.K. would recognize Guaidó as the legitimate president unless Maduro within the next eight days called for a new election. [3]

Bret Stephens, a conservative columnist for the New York Times, claims that “every sensible observer agrees that Latin America’s once-richest country, sitting atop the world’s largest proven oil reserves, is an economic basket case, a humanitarian disaster, and a dictatorship whose demise cannot come soon enough.” Moreover, he argues, “Twenty years of socialism . . . led to the ruin of a nation.” In short, according to Stephens, “Why does socialism never work? Because, as Margaret Thatcher explained, ‘eventually you run out of other people’s money.’”[4]

All of these developments pose many questions to ponder as we go forward or backward.

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[1]  Brokaw, Pompeo confronts U.N. Security Council on Venezuela, UPI (Jan. 26, 20190; State Dep’t, [{Pompeo] Remarks at United Nations Security Council Meeting on Venezuela (Jan. 26, 2019); U.N., UN political chief  calls for dialogue to ease tensions in Venezuela; Security Council divided over path to end crisis (Jan. 26, 209); Reuters, White House Promises “Significant Response’ to Any Venezuelan Violence, N.Y. Times (Jan. 27, 2019).

[2]  Cuban Foreign Minister rejects accusation by the United States against Cuba, Granma (Jan. 26, 2019); Semple, With Spies and Other Operatives, A Nation Looms Over Venezuela’s Crisis: Cuba, N.Y. Times (Jan. 26, 2019); Baker & Wong, On Venezuela, Rubio Assumes U.S. Role of Ouster in Chief, N.Y. Times (Jan. 26, 2019); Morelio, Pompeo presses U.N. Security Council to ‘pick a side’ in Venezuela’s crisis, Wash. Post (Jan. 26, 2019).

[3] Doward, UK tells Venezuelan president: call fair election or stand down, Guardian (Jan. 26, 2019).

[4] Stephens, Yes, Venezuela Ia a Socialist Catastrophe, N.Y. Times (Jan. 25, 2019).

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).

Another U.S.-Cuba Dispute Over Human Rights

On December 7 U.S. Secretary of State Mike Pompeo sent an  open letter to Cuba’s Foreign Minister Bruno Rodriguez, and Cuba immediately and angrily denounced the letter without responding to the specific questions advanced by Pompeo.

Secretary Pompeo’s Letter[1]

The letter asked for a “substantive explanation of the detention of the [following eight] political prisoners” and “whether [Cuba] . . . continues to incarcerate . . . [them]  as charged with ‘pre-criminal dangerousness’ and “for an explanation of the charges and the evidence against the other individuals [on a list provided by the U.S. in January 2017]:”

  • Yosvany Sanchez Valenciano, Melkis Faure Echevarria, and Yanier Suarez Tamayo of the Cuban Patriotic Union;
  • Eduardo Cardet Concepcion of the Christian Liberation Movement;[2]
  • journalist Yoeni de Jesus Guerra Garcia;
  • Martha Sanchez of the Ladies in White; [3] and
  • Jose Rolando Casares Soto and Yamilka Abascal Sanchez of the Cuban Youth Dialogue.

The Secretary also said that the U.S. “has for decades expressed profound concern regarding Cuban political prisoners. Such prisoners include those charged with pre-criminal ‘dangerousness, ’defined [in Cuban law] as ‘the special inclination an individual has to commit crimes demonstrated by conduct in manifest contradiction to the rules of socialist morality.’ Former President [Raúl] Castro, in a news conference with then President Obama in March 2016, said that if U.S. officials presented him with a list of political prisoners, they would be released that very night. He received such a list, but political prisoners remained in detention. U.S. representatives [also] raised the issue during the October 2016 Human Rights Dialogue in Havana. They were told all prisoners were in jail for sound reasons and that, if we had questions as to the reasons, we could raise them. Our representatives were also advised that pre-criminal ‘dangerousness’ was no longer used as a basis for imprisoning people.”

 Cuban Responses[4]

The Cuban Foreign Minister responded on Twitter, ” Pompeo lies and slanders. U.S. government  is a global repressor [of human rights and] lacks moral authority.” In another tweet, Rodriguez said he has asked “Washington to lift the embargo, restore visas for Cubans” and “stop the repression of migrants, minorities and the poor.”

Cuba’s more extensive response to Secretary Pompeo’s letter was made by  US Director of Cuba’s  Ministry of Foreign Affairs, Carlos Fernández de Cossío. He said the U.S. “acts dishonestly when it raises concerns about the human rights situation in Cuba or anywhere.” He added that the “constant and flagrant abuses against its own population and the population of many countries in the world, and their alliance throughout history with dictatorial regimes authors of the most opprobrious crimes, disqualify the moral authority of the American rulers.”

The Pompeo letter and “his public management are nothing more than acts of propaganda.” They accompany . . . “the unwillingness of that government to sit down with Cuba, with seriousness and commitment, in a bilateral dialogue between equals, to deliberate on the issue of human rights and how to advance with sincerity towards constructive cooperation on the subject. . . . [and if] the United States were truly interested in the human rights of Cubans, it would not impose a criminal economic blockade that punishes the entire nation, nor would it place increasing obstacles to orderly emigration, nor to consular services on which tens of thousands of Cubans depend. ”

Fernández de Cossio concluded, “Cuba is a country in which human rights are respected. . . .  [and contrary to the U.S.]”the Cuban government and society as a whole are mobilized to promote and guarantee the legal framework, public policies and the effective enjoyment of the rights of citizens, including the rights to a life worthy, free of exploitation, marginalization, social alienation, discrimination of any kind, violence, crime and abuse of power, and with access to quality health and education services for the entire population, among other guarantees.”

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[1] U.S. State Dep’t, An Open Letter to the Foreign Minister of the Republic of Cuba (Dec. 10, 2018)   (the letter itself was dated December 7, 2018); Assoc; Press, US Demands Answers From Cuba on Imprisoned Dissidents, N.Y. Times (Dec. 11, 2018).

[2] See U.S. at U.N. Condemns Cuba’s Imprisonment of Political Opponents, dwkcommentareis.com ( Oct. 17, 2018).

[3] See Search Results for: Ladies in White in dwkcommentaries.com.

[4] Cuba Foreign Ministry, Tweets by Foreign Minister Rodriguez (Dec. 2018); Cuba Foreign Ministry, Statement by the Director General of the USA of the MINREX on false accusations of the Department of State of the United States (Dec. 10, 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.

==================================

[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).

Increasing U.S.-Cuba Tensions

As discussed in a prior post, on October 16 Cuban diplomats staged a protest at a U.N.meeting of a U.S. initiative regarding Cuban political prisoners, which the post called “raucous . . . undiplomatic and rude and should be condemned.” This protest has provoked new tensions in U.S.-Cuba relations.

On October 23, U.S. Secretary of State Pompeo Held a press conference at the State Department. His prepared remarks included the following: “Last week, a delegation of Cuban diplomats threw a childish temper tantrum at a UN-sponsored gathering at the UN. It was a meeting highlighting the Cuban regime’s intolerance of political opposition and the plight of political prisoners. In response, I have written a letter to UN Secretary General Antonio Guterres requesting to know what measures the UN will take to respond to these actions and make sure that they do not happen again.”[1]

Immediately afterwards Secretary Pompeo met with the U.N. Secretary-General. According to the State Department, one of the points raised at this meeting by Pompeo was condemnation of “the outrageous and disruptive behavior of the Cuban and Bolivian missions to the U.N. . . . exhibited during a U.S.-hosted event on Cuban political prisoners on October 16.”[2]

Previously, on October 19, U.S. Ambassador to the U.N., Nikki Haley, sent a letter to the Secretary-General demanding a U.N. investigation of the Cuban and Bolivian disruption of the U.S. initiative about Cuban political prisoners. She said that these  actions Had “caused significant damages to [U.N.] . . .  property” and that these two governments  should be required to pay for such damages. In addition in an early morning tweet on October 23, Haley said the U.S. “will not allow its contributions to the UN to go toward repairing damage done deliberately and willfully by other delegations.”[3]

On October 24, Cuba Foreign Minister Bruno Rodriguez at  a press conference in Havana said that “the “repeated pronouncements of the government of the [U.S.] against Cuba have no other objective than to create a climate of greater bilateral tension” to divert attention from the upcoming U.N. General Assembly vote on October 31 on  Cuba’s annual resolution condemning the U.S. embargo (blockade) of Cuba.[4]

Rodriguez also criticized the U.S. newly-proposed eight amendments to the resolution about the embargo, one of which alleged Cuban discrimination against women and their lack of access to public office. Others criticized Cuba’s human rights and alleged failure to comply with the U.N’s sustainable development agenda. According to Rodriguez, such proposed amendments were part of “a maneuver for propaganda purposes” that sought to “try to change the spirit of the resolution.”

More generally Rodriguez stated, “The reiterated pronouncements of the US Government against Cuba have no other objective than to lead to a climate of greater bilateral tension. We regret that the US government advances in a confrontational course against our country. Our response will be the firmness of principles, the intransigence in the defense of national sovereignty, as in these 60 years of revolution.”

Conclusion

This increased tension is unfortunate and unnecessary. As this blog repeatedly has argued, the U.S. embargo (blockade) of Cuba should have ended a long time ago. New U.S. attempts to justify this unilateral U.S. action are flawed and unpersuasive. Meanwhile the Cuban protest at the recent U.N. meeting, while undiplomatic and rude and deserving of censure, is trivial in the overall relations between the U.S. and Cuba

================================

[1]  U..S. State Dep’t, Remarks to the Press [by Secretary Pompeo] (Oct. 23, 2018).

[2] U.S. State Dep’t, Secretary Pompeo’s Meeting with UN Secretary-General Guterres (Oct. 24, 2018).

[3] U.S. demands Cuban diplomats protagonists of the scandal at the UN, Diario de Cuba (Oct. 20, 2018); US Mission to the UN., Tweet (Oct. 23, 2018).

[4] Whitefield, Pompeo lambasts Cuba’s ‘childish temper tantrum’ at the U.N.; Cuba lashes back, Miami Herald (Oct. 24, 2018); Reuters, Cuba Says United States Pursues ‘Path of Confrontation,’ N.Y. Times (Oct. 24, 2018); Havana says Washington ‘tries to change the spirit’ of its resolution against the embargo, Diario de Cuba (Oct. 25, 2018); Cuba Foreign Ministry, Bruno Rodriguez: The US amendments, if they were not a politically serious event, would provoke laughter, Cubadebate (Oct. 25, 2018).

 

 

 

U.S. House Hearing on U.S. Policy Towards Cuba  

On September 6, the U.S. House Foreign Affairs Committee’s Western Hemisphere Subcommittee held a hearing on U.S. policy on Cuba.[1]

The subcommittee heard from the  following five witnesses, the first four of whom were from the  State Department and the last (Mr. Mazanec) from the U.S. Government Accountability Office: (1) Kenneth H. Merten, Acting Principal Deputy Assistant Secretary, Bureau of Western Hemisphere Affairs; (2) Peter Bodde, Coordinator, Health Incidents Response Task Force; (3) Charles Rosenfarb, M.D., Medical Director, Bureau of Medical Services; (4) Todd Brown, Assistant Director for Countermeasures, Bureau of Diplomatic Security; and (5) Brian M. Mazanec, Ph. D.

Since the audio recording of the hearing is virtually impossible to hear, the following are the highlights of the prepared and printed statements of two of the witnesses and the brief comments from the Washington Post article.

Acting Principal Deputy Assistant Secretary Merten

Human Rights. The Department continues to monitor “human rights developments in Cuba and actively engages with members of Cuban civil society. . . . The Department and USAID also continue to administer U.S. government funded programs to promote democracy and support the critical work of human rights defenders on the island. . . . we regularly speak out against the regime for repression and abuse and raise these concerns directly with the Cuban government.

Cuban Economy. The State Department’s “Cuba Restricted List . . . identifies entities and subentities with which direct financial transactions would disproportionately benefit Cuban military, intelligence, or security services or personnel at the expense of the Cuban people or private enterprise. . . . [It seeks to ] redirect economic activity that once supported the Cuban military toward the Cuban private sector and Cuban people.”

The Department’s Cuba Internet Task force. It is charged to “develop recommendations on 1) the role of media and unregulated flow of information to Cuba and 2) expanding internet access in Cuba” and is scheduled to complete its work by June 2019.

Promoting Stability and Prosperity. The Department has “1) reviewed democracy programs in Cuba to ensure they align with the criteria set forth in the LIBERTAD Act; 2) provided a report to the President detailing the Cuban regime’s human rights abuses against the Cuban people and its lack of progress towards a “transition government” as described in the LIBERTAD Act; 3) provided a report to the President on bilateral engagement with Cuba to ensure it advances U.S. interests; 4) took a stand at the UN against Cuban anti-embargo propaganda; and 5) continues to work with the Department of Homeland Security to discourage dangerous, unlawful migration that puts Cuban and American lives at risk.”

“Health Attacks” on U.S. Personnel.  Merten reminded the subcommittee that “the Department first became aware of these health complaints and an increase in Cuban harassment in late December 2016, [bit] it was not until months later, after highly specialized medical testing was performed and analyzed by experts, that we began to understand the spectrum of severity and confirm the extent of the health effects. That confirmation indicated that these incidents went beyond routine harassment previously experienced by U.S. diplomats in Havana.”

He then stressed that  the “Department does not currently know the mechanism for the cause of the injuries, the motive behind these attacks in Cuba, when they actually commenced, or who is responsible.” (Emphasis added.)

He also emphasized that the U.S. Government was committed to long-term support for the affected personnel.

He mentioned that Secretary of State Pompeo has established an Accountability Review Board that had submitted its report on June 7 and that the Secretary has accepted all of its recommendations.

 Dr. Rosenfarb

“We’re seeing a unique syndrome. I can’t even call it a syndrome. It’s a unique constellation of symptoms and findings, but with no obvious cause,” testified Dr. Rosenfarb.

 Dr. Mazane

His prepared statement summarized the GAO’s July 30, 2018 report (released on September 6) that reviewed the State Department’s management of these health incidents and made recommendations for improvements in same.

Conclusion

 This blog previously has criticized the U.S. so-called democracy promotion activities in Cuba and the U.S. Cuba Internet Task Force because they are unilateral attempts to impose U.S. values on Cuba. Instead, this blog has advocated for the U.S. attempting to develop such programs with the cooperation of the Cuban government. This blog also has also called for the U.S. to ends its embargo of Cuba.[2]

A future post will discuss the latest developments regarding U.S. diplomats who have had medical problems arising from their being stationed in Havana.

================================

[1] U.S. House Rep., Foreign Affairs Comm., Western Hemisphere Subcomm., U.S. Policy Toward Cuba (Sept. 6, 2018); Kaplan & Ashenbach, Scientists and doctors zap theory that microwave weapon injured Cuban diplomats, Wash. Post (Sept. 6, 2018).

[2] See the following sections of List of Posts to dwkcommentaries—Topical: CUBA: U.S. Embargo of Cuba, Cuban Human Rights, Cuban Economy, U.S. Diplomats Medical Problems in Cuba and U.S. Cuba Internet Task Force.