Another U.N. General Assembly Resolution Condemns U.S. Embargo (Blockade) of Cuba                                                                                                       

On November 1, 2017, the United Nations General Assembly again overwhelmingly adopted a resolution condemning the U.S. embargo (blockade) of Cuba. The vote this year was 191 to 2 (the negative votes by the U.S. and Israel), as shown in the following photograph of the Assembly’s scoreboard.[1]

Preparation for Debating the Resolution[2]

The debate on the resolution was preceded by (a) Cuba’s 47-page report, dated June 2017, on the previous U.N. General Assembly Resolution on the subject and which alleges that Cuba has sustained damages from the embargo totaling $130.2 billion (at current prices); (b) the July 26, 2017, Report of the U.N. Secretary-General containing statements in support of this year’s resolution from 32 U.N. organs and agencies and from 160 U.N. member states and 2 observers, but nothing from the U.S. and Israel, which prior to 2016 opposed similar resolutions and which abstained in 2016; (c) Cuba’s report on its achievements despite the embargo (blockade); and (d) Cuba’s report on the embargo’s impact on the country’s development.

The Actual Resolution[3]

The actual resolution, “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba” (A/RES/72/42) had two principal operative paragraphs.

It reiterated “its call upon all States to refrain from promulgating and applying laws and measures [like the U.S. embargo against Cuba] . . . in conformity with their obligations under the Charter of the United Nations and international law, which, inter alia, reaffirm the freedom of trade and navigation.” (¶ 2). It also urged “States that have and continue to apply such laws and measures to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime.” (¶ 3).

The resolution’s preamble reaffirmed “the sovereign equality of States, non-intervention and non-interference in their internal affairs and freedom of international trade and navigation, which are also enshrined in many international legal instruments” and recited the previous General Assembly resolutions against the embargo.  It then recalled “the measures adopted by the Executive of the United States [President Obama] in 2015 and 2016 to modify several aspects of the application of the embargo, which contrast with the measures announced on 16 June 2017 [by President Trump] to reinforce its implementation.”

Cuba’s Presentation of the Resolution[4]

 The resolution was presented by Cuba’s Foreign Minister, Bruno Rodriguez Parrilla. Here is the U.N.’s summary of his remarks:

  • The U.S. “new policy on Cuba was intended to take relations back to a past of confrontation.  Two thirds of the [U.S.] population, including Cuban immigrants living in the[U.S.], were in favor of lifting the blockade. Action to the contrary meant that the [U.S.] Government was acting in an undemocratic fashion.  He recalled that on 16 June, President Trump announced a series of measures intended to tighten the blockade in a hostile speech before an audience made up of staunch followers of the Batista regime, annexationists and terrorists.”
  • There was “total isolation of the [U.S.] in this room” and “without any evidence, it was using as a pretext the ailments affecting some diplomats in Havana and adopting new political measures against Cuba which further tightened the blockade.  President Trump does not have the least moral authority to question Cuba.  He is heading a Government of millionaires destined to implement savage measures against lower‑income families, poor people, minorities and immigrants. The [U.S.] had its own set of issues to deal with, including the country’s lack of guarantees in education and health, the assassination of African‑Americans by law enforcement and the brutal measures threatening the children of illegal aliens who grew up in the [U.S.]”
  • “Recalling the military interventions carried out by the [U.S.] against Cuba, he said that 60 years of domination had been ended by the triumph of the Cuban Revolution in 1959.  When Cuban President Raúl Castro Ruz and then United States President Barack Obama made their hopeful announcement in December 2014, Mr. Obama described the blockade against Cuba as an obsolete policy which had failed to meet its goals.  However, the embargo was never recognized for what it was: a massive violation of the human rights of Cubans and an act of genocide.  Citing Cuban figures, he said between April 2016 and April 2017, losses caused by the blockade to the Cuban economy had been estimated at over $4 billion. There is not a Cuban family or social service that has not suffered the deprivations resulting from the blockade.”
  • The statements of the U.S. Ambassador Nikki Haley “were disrespectful,” and the U.S. “does not have the slightest moral authority to criticize Cuba.” The U.S. Ambassador “is lying.” Now the U.S. is using “as ailments affecting some diplomats in Havana without any evidence” in order to adopt “new political measures against Cuba which further tightened the blockade.”

 Other Countries’ Statements of Support[5]

During the debate, at least 38 other countries expressed their support of the resolution.

U.S. Opposition to the Resolution

 In voting against the resolution, the U.S. Ambassador to the U.N., Nikki Haley, stated the following:[6]

  • “For over 55 years, the Cuban regime has used this debate in the [U.N.] General Assembly as a shiny object to distract the world’s attention from the destruction it has inflicted on its own people and on others in the Western Hemisphere.”
  • “Even during the Cuban missile crisis, when the Castro dictatorship allowed the Soviet Union to secretly install nuclear missiles in Cuba, the Cuban regime and its Soviet allies claimed that the real threat to peace wasn’t the missiles aimed at America. The real threat, they said, was the [U.S.’] discovery of these missiles. At the time, the U.S. Ambassador to the United Nations, Adlai Stevenson, identified the Cuban regime’s habit of pointing fingers anywhere but at itself. He said, ‘This is the first time…I have ever heard it said that the crime is not the burglar but the discovery of the burglar – and that the threat is not the clandestine missiles in Cuba but their discovery and the limited measures taken to quarantine further infection.’”
  • “Today, the crime is the Cuban government’s continued repression of its people and failure to meet even the minimum requirements of a free and just society. Our response has been to stand with the Cuban people and their right to determine their own future. For this, each year, this Assembly’s time is wasted considering this resolution. And the [U.S.] is subjected to all manner of ridiculous claims – anything to deflect attention from the regime that is actually responsible for the suffering of the Cuban people. But the [U.S.] will not be distracted. We will not lose sight of what stands between the Cuban people and the free and democratic future that is their right.”
  • “For that reason, and for the 25th time in 26 years, the United States will vote against this resolution.”
  • “One year ago, the United States abstained when voting on the same resolution. The reason given was that the continuation of the embargo was not isolating Cuba but was in fact isolating the [U.S.] It is true that we had been left nearly alone in opposition to this annual resolution. No doubt there will be some here who do not understand how we can take such opposite positions, separated by just 12 months. They will wonder how we could passively accept this resolution last year and energetically oppose it this year.”
  • “To those who are confused as to where the [U.S.] stands, let me be clear: as is their right under our constitution, the American people have spoken. They have chosen a new president, and he has chosen a new ambassador to the [U.N.]”
  • “As long as the Cuban people continue to be deprived of their human rights and fundamental freedoms – as long as the proceeds from trade with Cuba go to prop up the dictatorial regime responsible for denying those rights – the [U.S.] does not fear isolation in this chamber or anywhere else. Our principles are not up for a vote. They are enshrined in our Constitution. They also happen to be enshrined in the Charter of the[U.N.]. As long as we are members of the [U.N.], we will stand for respect for human rights and fundamental freedoms that the Member States of this body have pledged to protect, even if we have to stand alone.”
  • “The resolution before us aims to end the [U.S.’] ‘economic, commercial, and financial embargo’ against Cuba. But let’s be honest about what we really see going on here. This assembly does not have the power to end the U.S. embargo. It is based in U.S. law, which only the [U.S.] Congress can change. No, what the General Assembly is doing today – what it does every year at this time – is political theatre.”
  • “The Cuban regime is sending the warped message to the world that the sad state of its economy, the oppression of its people, and the export of its destructive ideology is not its fault.”
  • “In the spirit of sending messages, I would like to direct the rest of my comments towards the Cuban people. The American people strongly support your dreams to live in a country where you can speak freely, where you can have uncensored access to the internet, where you can provide for your families, and where you can determine your leadership. We know that many of you have been made hopeful by the opening of diplomatic relations between the [U.S.] and Cuba. That status is not changing. Our friendship and good will toward the Cuban people remain as strong as ever.”
  • “What you probably don’t know is that your government responded to this gesture of good will, not by joining in the spirit in which it was offered, but by expanding its politically motivated detentions, harassment, and violence against those who advocate for political and economic freedom in Cuba. What you cannot know because your government won’t let you know is that there were credible reports of almost 10,000 politically motivated detentions in Cuba in 2016 alone. That’s a massive increase in detentions over recent years. We had hoped our outreach to your government would be met with greater freedom for you.”
  • “Your government silences its critics. It disrupts peaceful assemblies. It censors independent journalists and rigs the economy so the government alone profits.”
  • “Your government has exported its bankrupt, destructive ideology to Venezuela. It has taught the Maduro regime how to silence journalists, crack down on the political opposition, and impoverish its people. Now, millions of Venezuelans join you in being denied their basic rights.”
  • “As we speak here today, your government is busy choosing the successor to the Castro dictatorship. It is attempting to fool you into believing you have a voice by holding local and regional so-called elections. But the process you are engaged in is not freedom. The results were determined before the first vote was cast.”
  • “When the [U.S.] abstained on this resolution last year, its decision was explained by saying, ‘We recognize that the future of the island lies in the hands of the Cuban people.’ There is a casual cruelty to that remark for which I am profoundly sorry. Regrettably, as of today, the future of Cuba is not in your hands. It remains in the hands of your dictators.”
  • “The [U.S.] opposes this resolution today in continued solidarity with the Cuban people and in the hope that they will one day be free to choose their own destiny.”
  • “We might stand alone today. But when the day of freedom comes for the Cuban people – and it will come – we will rejoice with them as only a free people can.”

The U.S. opposition was no surprise in light of the prior consistent Trump Administration’s statements supporting the embargo and the preceding request to do so from U.S. Senator Marco Rubio.[7]

Reactions to the Resolution [8]

 The day before the U.N. vote, 10 Democratic Senators wrote to President Trump urging the U.S. to abstain on the vote. The “failed embargo,” they said, has been repeatedly and publicly condemned by the international community as ineffective and harmful to the people of Cuba. The longer we maintain this outdated Cold War policy the more our international and regional credibility suffers.” Moreover, “the overwhelming majority of Americana, including Cuban-Americans, and Cubans, including Cuban entrepreneurs and many dissidents, [plus international human rights organizations] oppose the embargo and favor engagement by the [U.S.] with Cuba. These Senators were Patrick Leahy (VT), Amy Klobuchar (MN), Chris Van Hollen (MD), Sherrod Brown (OH), Elizabeth Warren (MA), Jeff Merkley (OR), Jack Reed (RI), Edward Markey (MA), Al Franken (MN) and Sheldon Whitehouse (RI).

The President of Engage Cuba, a U.S. national coalition of private companies, organizations and state and local leaders working to lift the embargo, said, “”Ambassador Haley’s comments highlight the Trump administration’s misguided approach toward Cuba. If the administration spoke to real Cubans, they would know that fears for the future are rooted in what a rollback of engagement means for their businesses, communities and families. The Trump administration seems determined to stand alone in the world, supporting an archaic policy has failed for the last 55 years. And the biggest losers are the people of Cuba.”

Conclusion

As an U.S. citizen-advocate for ending the embargo as soon as possible, I am not pleased with the U.S. opposition to this resolution and to the very hostile tone of Ambassador Haley’s remarks. I obviously regret the U.S. abandonment of last year’s abstention by the U.S. on the prior resolution.

Moreover, too many in the U.S. believe the Cuban damages claim from the embargo is just a crazy Cuban dream, but I disagree. Given the amount of the claim, Cuba will not someday tell the U.S. to forget it, nor will the U.S. write a check for Cuba in that amount. A prior post, therefore, suggested that the two countries agree to submit this claim and any other damage claims by both countries for resolution by an independent international arbitration panel such as those provided by the Permanent Court of Arbitration at The Hague in the Netherlands.

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[1] U.N. Press Release, As General Assembly Adopts Annual Resolution Urging End to United States Embargo on Cuba, Delegates Voice Concern About Possible Reversal of Previous Policy (Nov. 1, 2017) [hereafter “U.N. Press Release”]; U.N., UN General Assembly again calls for lifting US embargo against Cuba (Nov. 1, 2017); Minute by Minute: The world against the Blockade, CubaDebate (Nov. 1, 2017); Reuters, U.S. Votes Against U.N. Resolution Calling for End to Cuba Embargo, N.Y. times (Nov. 1, 2017). A prior post covered the similar resolution passed in 2016 by the General Assembly, 191-0 (with abstentions by the U.S. and Israel).

[2]  Cuba Foreign Ministry, Cuba vs. Bloqueo: Cuba’s Report on Resolution 71/5 of the United Nations General Assembly entitled “Necessity of ending the economic, commercial and financial blockade imposed by the United States of America against Cuba” (June 2017); U.N. Sec. Gen Report, Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba (July 29, 2017); Cuban report on development. Cuba’s Foreign Ministry’s website has a special section on the embargo (Cuba vs. Bloqueo), which includes a scorecard of the General Assembly votes on resolutions against the embargo (blockade), 1982-2016.

[3] U.N. Gen. Assembly, Resolution A/72/L.2 (Oct. 2017).

[4] Cuba Foreign Ministry, Cuba denounces in UN force and intensification of the US blockade (Nov. 1, 2017); U.N. Press Release.

[5] U.N. Press Release.

[6] Ambassador Haley, Remarks at a UN General Assembly Meeting on Cuba, U.S. Mission to U.N. (Nov. 1, 2017). Essentially the same message was delivered the same day by the U.S. Deputy Permanent Representative to the U.N., Ambassador Michele J. Sison. (Sison, Explanation of Vote at a UN General Assembly Meeting on the Cuba Embargo,U.S. Mission to the U.N. (Nov. 1, 2017).

[7] E.g., White House, Remarks by President Trump at the 2017 Values Voter Summit (Oct. 13, 2017); Rubio, Letter to President Trump (Oct. 19, 2017). Unsurprisingly the State Department on October 31 announced that the U.S. would oppose the resolution. (U.S. State Dep’t, Department Press Briefing-October 31, 2017.)

[8] Letter, Senators Leahy et al to President Trump (Oct. 31, 2017); Engage Cuba, Statement on U.S. Vote Against U.N. Resolution Condemning the Cuban Embargo (Nov. 1, 2017).

 

 

President Trump Condemns Cuba at the United Nations

On September 19, U.S. President Donald Trump addressed the United Nations General Assembly.[1]  Most media attention has focused on his bellicose remarks about North Korea and Iran. But he also condemned Cuba and Venezuela. Here the focus is on the general theses he advanced, his comments about Cuba and reactions to the speech.

Trump’s Speech

His fundamental thesis was the U.S.’ “renewing this fundamental principle of sovereignty” and “our success depends on a coalition of strong, independent nations that embrace their sovereignty, to promote security, prosperity and peace for themselves and for the world.” (Emphasis added.)

In short, the world needed strong, effective sovereign nations. As he stated, the U.S. does “not expect diverse countries to share the same cultures, traditions, or even systems of government. But we do expect all nations to uphold these two core sovereign duties:  to respect the interests of their own people and the rights of every other sovereign nation. This is the beautiful vision of this institution, and this is the foundation for cooperation and success.” (Emphasis added.)

Strong, sovereign nations let diverse countries with different values, different cultures, and different dreams not just coexist, but work side by side on the basis of mutual respect. Strong, sovereign nations let their people take ownership of the future and control their own destiny.  And strong, sovereign nations allow individuals to flourish in the fullness of the life intended by God. (Emphasis added.)

President Trump’s subsidiary premise was the assertion that “in fulfilling our obligations to our own nations, we also realize that it’s in everyone’s interest to seek a future where all nations can be sovereign, prosperous, and secure.”

On the other hand, this was not a universal action item for every sovereign nation. As he stated, “we believe that no nation should have to bear a disproportionate share of the burden, militarily or financially.  Nations of the world must take a greater role in promoting secure and prosperous societies in their own regions.” (Emphasis added.)

“That is why in the Western Hemisphere, the United States has stood against the corrupt and destabilizing regime in Cuba and embraced the enduring dream of the Cuban people to live in freedom.  My administration recently announced that we will not lift sanctions on the Cuban government until it makes fundamental reforms.” (Emphasis added.)

President Trump then went on at length about Venezuela’s problems, at least some of which he also sees in Cuba. In his words, “The problem in Venezuela is not that socialism has been poorly implemented, but that socialism has been faithfully implemented. From the Soviet Union to Cuba to Venezuela, wherever true socialism or communism has been adopted, it has delivered anguish and devastation and failure.  Those who preach the tenets of these discredited ideologies only contribute to the continued suffering of the people who live under these cruel systems.” (Emphasis added.)

Reactions to the Speech[2]

Trump’s comments on sovereignty were criticized by the Foreign Minister of Sweden, Margot Wallstrom: “This was a bombastic, nationalist speech. . . .  This was a speech at the wrong time to the wrong audience.”

Vali R. Nasr, the Dean of the Johns Hopkins School of Advanced International Studies., said, “It looks like we will respect the sovereignty of countries we like, whether they are dictatorships or democracies, but we will not respect the sovereignty of countries we don’t like.” Nasr added, “His definition of sovereignty comes from a very narrow domestic prism.”

This speech generally did not get good reviews. For example, the editorial from the Guardian in London concluded that Trump “brought little clarity as to the wider strategy he contemplates. Threats and grandstanding are just bluster, not policy. Crises require a deftness the Trump administration has failed to demonstrate. He wants allies to back him, but seems oblivious that his lack of personal credibility is an obstacle to international cooperation. An “America First” approach runs counter to the UN’s multilateralism. His credo could be summed up by his claim that nations acting in their own self-interest create a more stable world. The question is what rules would states operate under? Not the UN’s, Trump’s response appeared to suggest. The president may want to speak of “principled realism”, but he is a reckless and dangerous leader, sitting, alas, in a most powerful position.”

These thoughts were echoed by a Guardian reporter, Julian Borger, who said the speech was full of “fulminations” of fear, especially his threat to “completely destroy North Korea,” which came just minutes after the U.N. Secretary General had told those at the Assembly and implicitly Trump himself, “Fiery talk can lead to fatal misunderstandings.” More generally, “Trump punched yawning holes in his own would-be doctrine, singling out enemies, expressing horror at their treatment of their people and threatening interference to the point of annihilation. What was left . . . was a sense of incoherence and a capricious menace hanging in the air.”

The New York Times’ editorial said, “In all this fury, before a world body whose main purpose is the peaceful resolution of disputes, there was hardly a hint of compromise or interest in negotiations.” “Mr. Trump’s dark tone and focus seemed a significant deviation [from previous U.S. presidents], not least his relentlessly bellicose approach to North Korea.” On the other hand, “Mr. Trump’s largely benign comments about the United Nations were encouraging.”

The Washington Post editorial also criticized “Mr. Trump’s schoolboy taunts of ‘Rocket Man,’ his sobriquet for North Korean dictator Kim Jong Un, and his threats, if the United States is ‘forced to defend itself or its allies . . . to totally destroy North Korea.’ The leader of a powerful nation makes himself sound simultaneously weak and bellicose with such bluster.” This editorial also said “there was something discordant in using the United Nations podium to proclaim the virtue, essentially, of national selfishness over international cooperation and multilateral organization. No doubt Presidents Xi Jinping of China and Vladimir Putin of Russia will welcome this aspect of Mr. Trump’s address. They, too, have insisted on the unassailable ‘sovereignty’ of their formidable states and demanded that others not lecture them about values such as democracy and human rights, which they fear and abhor.” The editorial concluded, “Mr. Trump seemed to repudiate his own advocacy for human dignity and freedom when he said that “we do not expect diverse countries to share the same cultures, traditions or even systems of government” — as if democracy should be optional under the U.N. Charter.”

Surprisingly the Post’s respected foreign affairs columnist, David Ignatius, had a generally favorable reaction to the speech. He said, “the most surprising thing about President Trump’s address to the [U.N.] . . .  was how conventional it was. He supported human rights and democracy; he opposed rogue regimes; he espoused a global community of strong, sovereign nations.”

The editorial by the Wall Street Journal generally approved of the speech, but thought that Trump gave too narrow a definition to “national interest” by failure to include respect for the rights of the nation’s own people. Trump’s concept of sovereignty “also leaves authoritarians too much room to claim dominant [regional] spheres of influence,” such as Chinese and Russian leaders in the South China Sea and Ukraine. In short, Trump needs to learn “there is no substitute for U.S. leadership on behalf of American values and interests if he wants to build a more peaceful world.”

The speech’s negative comments about Cuba were rejected by that country’s Foreign Minister, Bruno Rodriguez, who  said that Trump “lacks the moral authority to criticize Cuba, a small and solidary country with extensive international cooperation.” Rodriguez also said in an interview with Telesur that the speech “was an unusual, aggressive, dominating, blatantly imperialist speech. Sovereignty [for Trump] means sovereignty for the United States, enslavement for all others; [it] completely ignores the concept of sovereign equality that inspires the [U.N.].” These comments were echoed by Cuba’s delegation to a Bilateral Commission meeting with the U.S.; the delegation said it protested “the disrespectful, unacceptable and meddling statements” by Trump at the U.N. Rodriguez also condemned the President’s aggressive comments against Venezuela and expressed Cuba’s solidarity with that country and its leaders. Granma, however, did publish the full text of the Trump speech.

Conclusion

There is much to criticize in the President’s speech. Foremost was his threat that the U.S. might have ”no choice but to totally destroy North Korea.” (Emphasis added)

His perceived need for “strong sovereign nations” totally ignores all the destruction and pain inflicted on the world by such nations throughout history. This emphasis also ignores the multilateral efforts, especially after World War II, to develop multilateral, international treaties and institutions, including the United Nations, to protect the world against the excesses of strong sovereign nations. Yes, like all human institutions, the U.N. is not perfect and can and should be improved. Although Trump had some kind words for the U.N. and the Marshall Plan after World War II, he said the U.S. could no longer enter into “one-sided alliances or agreements.”

The Prime Minister of the United Kingdom, Theresa May, in her September 20 speech to the General Assembly implicitly gave the proper retort to the main thesis of Trump’s speech, that strong sovereign states were the appropriate building blocks for the contemporary world.[3] She said the following:

  • “The only way for us to respond to this vast array of challenges is to come together and defend the international order that we have worked so hard to create and the values by which we stand. For it is the fundamental values that we share, values of fairness, justice and human rights, that have created the common cause between nations to act together in our shared interest and form the multilateral system. And it is this rules-based system which we have developed, including the institutions, the international frameworks of free and fair trade, agreements such as the Paris Climate Accord and laws and conventions like the Non-Proliferation Treaty, which enables the global cooperation through which we can protect those values”
  • “If this system we have created is found no longer to be capable of meeting the challenges of our time then there will be a crisis of faith in multilateralism and global cooperation that will damage the interests of all our peoples. So those of us who hold true to our shared values, who hold true to that desire to defend the rules and high standards that have shaped and protected the world we live in, need to strive harder than ever to show that institutions like this United Nations can work for the countries that form them and for the people who we represent.”
  • “This means reforming our United Nations and the wider international system so it can prove its worth in helping us to meet the challenges of the 21st Century. And it means ensuring that those who flout the rules and spirit of our international system are held to account, that nations honor their responsibilities and play their part in upholding and renewing a rules-based international order that can deliver prosperity and security for us all.”

Trump’s comments on Cuba were a reprise of his June 2017 speech in Miami, Florida with severe criticism of Cuba that was enthusiastically received by the many older Cuban-Americans in the audience.[4] Both speeches, however, lacked nuance and failed to acknowledge the accomplishments of the Cuban Revolution, especially in health and education. It also is difficult to understand the basis for Trump’s assertion that the Cuban government was “destabilizing” or that it was “thoroughly corrupt.”

Both speeches also ignored the fact that Trump in June was only proposing to change two aspects of President Obama’s normalization policies: (a) banning U.S. persons from doing business with Cuban entities owned or controlled by the Cuban military or secret services and (b) banning U.S. citizens from going to Cuba on individual person-to-person travel, the latter of which has been subjected to criticism in this blog.[5]

The U.N. speech also failed to acknowledge that simultaneously and incongruously in Washington, D.C. the U.S. and Cuba were holding the sixth session of their Bilateral Commission that was established in the Obama Administration as a means to discuss the many unresolved issues that had accumulated in the nearly 60 years of strained relations; this session will be discussed in a subsequent post.

President Trump’s U.N. speech boasted about the U.S. announcing “that we will not lift sanctions on the Cuban government until it makes fundamental reforms.” This presumably refers to the U.S. embargo (blockade) of Cuba, which no longer serves any legitimate purpose for the U.S. and which, therefore, should be unilaterally terminated by the U.S. Moreover, the embargo soon will be the subject of a General Assembly resolution that again will condemn that U.S. policy and again undoubtedly will be overwhelming adopted.[6]

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[1] White House, Remarks by President Trump to the 72nd Session of the United Nations General Assembly (Sept. 19, 2017); Landler, Trump Offers a Selective View of Sovereignty in U.N. Speech, N.Y. Times (Sept. 19, 2017); Jaffe & DeYoung, In Trump’s U.N. speech, emphasis on sovereignty echoes his domestic agenda, Wash. Post (Sept. 19, 2017).

[2] Assoc. Press, Reaction to Trump’s UN General Assembly Speech, N.Y. Times (Sept. 19, 2017); Editorial, The Guardian view on Trump at the UN: bluster and belligerence, Guardian (Sept. 19, 2017); Borger, A blunt, fearful rant: Trump’s UN speech left presidential norms in the dust, Guardian (Sept. 19, 2017); Editorial, Warmongers and Peacemakers at the U.N., N.Y. Times (Sept. 19, 2017); Editorial, Trump undermines his own advocacy for human dignity, Wash. Post (Sept. 19, 2017); Ignatius, The most surprising thing about Trump’s U.N. speech, Wash. Post (Sept. 19, 2017); Editorial, Trump Shock at Turtle Bay, W.S.J. (Sept. 20, 2017); Cuban Foreign Minister Condemns Trump’s Aggressive Address at UN, CubaDebate (Sept. 19, 2017); Cuban Foreign Minister in Telesur interview condemns Trump’s aggressive speech at UN, CubaDebate (Sept. 19, 2017); Reuters, Cuba Calls Trump’s U.N. Address ‘Unacceptable and Meddling,’ N.Y. Times (Sept. 19, 2017); Statement by President Trump to the seventy-second session of the United Nations General Assembly, Granma (Sept. 20, 2017).

[3] Theresa May’s speech to the UN General Assembly 2017 (Sept, 20, 2017).

[4] President Trump Announces Reversal of Some U.S.-Cuba Normalization Policies, dwkcommentaries.com (June 19, 2017).

[5] Posts to dwkcommentaries,com: President Trump Announces Reversal of Some Cuba Normalization Policies (June 19, 2017); U.S. Reactions to Trump Reversal of Some U.S.-Cuba Normalization Policies (June 21, 2017); Cuban Reactions to Trump Reversal of Some U.S.-Cuba Normalization Policies  (June 22, 2017); This Blogger’s Reactions to Trump Reversal of Some U.S.-Cuba Normalization Policies (June 23, 2017). Other posts have criticised the proposed ban on individual person-to-person travel to Cuba, E.g., Cuban Entrepreneurs Issue Policy Recommendations to Trump Administration (July 19, 2017).

[6] Last year’s U.N. General Assembly resolution against the embargo is discussed in an earlier post. Other posts about the embargo are listed in the “U.S. Embargo of Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA .

Another U.N. Condemnation of the U.S. Embargo of Cuba

                                                                                       O

U.N. General Assembly
U.N. General Assembly

On October 26, the United Nations General Assembly voted, 191 to 0 (with two abstentions), to adopt a resolution proposed by Cuba to condemn the United States embargo of Cuba. For the first time in the 25-year history of the annual vote on such resolutions, the U.S, rather than opposing the text, cast an abstention, prompting Israel to do likewise.[1]

This post will examine the resolution’s text, its presentation by Cuba, its support by other countries and the arguments for abstention offered by the U.S. and Israel. This post will then conclude with a brief discussion of reaction to the abstention in the U.S. Prior posts discussed the similar General Assembly resolutions against the embargo that were adopted in 2011, 2014 and 2015.

The Actual Resolution

The actual resolution, “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba” (A/RES/71/5 and A/71/L.3) had two principal operative paragraphs.

It reiterated “its call upon all States to refrain from promulgating and applying laws and measures [like the U.S. embargo against Cuba] . . . in conformity with their obligations under the Charter of the United Nations and international law, which, inter alia, reaffirm the freedom of trade and navigation (¶ 2). It also urged “States that have and continue to apply such laws and measures to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime (¶ 3).

The resolution’s preamble reaffirmed “the sovereign equality of States, non-intervention and non-interference in their internal affairs and freedom of international trade and navigation, which are also enshrined in many international legal instruments” and recited the previous General Assembly resolutions against the embargo. It then welcomed “the progress in the relations between the Governments of Cuba and the [U.S.] and, in that context, the visit of the President of the [U.S.], Barack Obama, to Cuba in March 2016” while also recognizing “the reiterated will of the President of the [U.S.] to work for the elimination of the economic, commercial and financial embargo against Cuba” and “the steps taken by the [U.S.] Administration towards modifying some aspects of the implementation of the embargo, which, although positive, are still limited in scope.”

Cuba’s Presentation of the Resolution

Bruno Rodriguez
Bruno Rodriguez

Speaking last in the debate, Cuba’s Foreign Minister Bruno Rodriguez Parrilla, presented arguments for adopting the resolution. Here are extracts of that speech:

“[T]here has been progress [between Cuba and the U.S. since December 2014] in the dialogue and cooperation on issues of common interest and a dozen agreements were signed [and] reciprocal benefits reported. Now just announced the vote of the US abstention on this draft resolution.”

“The [U.S.] president and other top officials have described [the embargo/blockade] as obsolete, useless to advance American’s interests, meaningless, unworkable, being a burden for [U.S.] citizens, . . . [harming] the Cuban people and [causing]. . . isolation to the [U.S.] and [have] called [for the embargo/blockade] to be lifted.”

“We recognize that executive measures [to reduce the scope of the embargo] adopted by the government of the [U.S.] are positive steps, but [have] very limited effect and scope. However, most of the executive regulations and laws establishing the blockade remain in force and are applied rigorously to this minute by U.S. government agencies.”

“Meanwhile, the U.S. Congress has not approved any of the 20 amendments or legislative initiatives, with bipartisan support, . . . [for] eliminating some restrictions of the blockade or even all of this policy. [Moreover,] there have been more than 50 legislative initiatives that threaten to reinforce key aspects of the blockade, preventing the President [from] approving new executive or implementing measures already adopted.”

“It cannot be underestimated in any way the powerful political and ethical message that [action by this Assembly] . . . sends to the peoples of the world. The truth always [finds] its way. Ends of justice prevail. The abstention vote announced surely is a positive step in the future of improved relations between the[U.S.] and Cuba. I appreciate the words and the efforts of Ambassador Samantha Power.”

“[There] are incalculable human damages caused by the blockade. [There is no] Cuban family or industry in the country that does not suffer its effects on health, education, food, services, prices of goods, wages and pensions.” For example, the “imposition of discriminatory and onerous conditions attached to the deterrent effects of the blockade restrict food purchases and the acquisition in the U.S. market for drugs, reagents, spare parts for medical equipment and instruments and others.”

“The [embargo/] blockade also [adversely] affects the interests of American citizens themselves, who could benefit from various services in Cuba, including health [services].”

“The [embargo/] blockade remains a massive, flagrant and systematic violation of human rights of all Cubans and qualifies as an act of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide of 1948. It is an obstacle to cooperation [in] international humanitarian areas.”

“The blockade is the main obstacle to economic and social development of our people. It constitutes a flagrant violation to international law, the United Nations Charter and the Proclamation of Latin America and the Caribbean as a Zone of Peace. Its extraterritorial application adds further to its violation of international law nature of magnitude.”

“Other causes, in addition to [the blockade/embargo] . . . , determine our economic difficulties: the unjust international economic order; the global crisis; the historical distortions and structural weaknesses caused by underdevelopment; high dependence on energy and food imports; the effects of climate change and natural disasters; and also . . . our own mistakes.”

“Between April 2015 and March 2016, the direct economic damage to Cuba by the blockade amounted to $4.68 billion at current prices, calculated rigorously and prudently and conservatively. The damages accumulated over nearly six decades reach the figure of $753 billion, taking into account depreciation of gold. At current prices, [that is] equivalent to just over $125 billion.”

“On 16 April 2016 President Raul Castro Ruz said, ‘We are willing to develop a respectful dialogue and build a new relationship with the [U.S.], as that has never existed between the two countries, because we are convinced that this alone . . . [will provide] mutual benefits.’ And last September 17, he said ‘I reaffirm the will to sustain relations of civilized coexistence with the [U.S.], but Cuba will not give up one of its principles, or make concessions inherent in its sovereignty and independence.’”

“The government of the [U.S.] first proposed the annexation of Cuba and, failing that, to exercise their domination over it. The triumph of the Cuban Revolution . . . [prompted the U.S. adoption of the embargo whose purpose] was ‘to cause disappointment and discouragement through economic dissatisfaction and hardship … to deny Cuba money and supplies, in order to reduce nominal and real wages, with the aim of causing hunger, desperation and overthrow of government. ‘”

“The [new U.S.] Presidential Policy Directive [states] that the Government of the [U.S.] recognizes ‘the sovereignty and self-determination of Cuba’ and [the right of] the Cuban people to make their own decisions about their future.’” It also states “the U.S. will not seek a ‘change of regime in Cuba.’”[2]

But the Directive also says “’the [U.S.] will support the emerging civil society in Cuba and encourage partners and non-governmental actors to join us in advocating in favor of reforms. While the United States remain committed to supporting democratic activists, [we] also [will] participate with community leaders, bloggers, activists and other leaders on social issues that can contribute to the internal dialogue in Cuba on civic participation.’ The Directive goes on to say: “The [U.S.] will maintain our democracy programs and broadcasting, while we will protect our interests and values, such as Guantanamo Naval Base … The government of the United States has no intention of modifying the existing lease agreement and other related provisions.’”

The Directive also asserts that Cuba “remains indebted to the [U.S.] regarding bilateral debts before the Cuban Revolution.”

The U.S. needs to “recognize that change is a sovereign matter for Cubans alone and that Cuba is a truly independent country. It gained its independence by itself and has known and will know how to defend [its] greatest sacrifices and risks. We are proud of our history and our culture that are the most precious treasure. We never forget the past because it is the way never to return to it. And we decided our path to the future and we know that is long and difficult, but we will not deviate from it by ingenuity, by siren songs, or by mistake. No force in the world can force us to it. We will strive to build a sovereign, independent, socialist, democratic, prosperous and sustainable nation. We will not return to capitalism.”

Other Countries’ Statements of Support[3]

During the debate the following 40 countries expressed their support of the resolution:

  • Latin America: Argentina, Bolivia, Brazil, Colombia, Costa Rica, Dominican Republic (for Commonwealth of Latin American and Caribbean States (CELAC)), Ecuador, El Salvador, Jamaica (for Caribbean Community (CARICOM)), Mexico, Nicaragua, Saint Vincent and Grenadines, Uruguay and Venezuela (for Non-Aligned Movement (NAM)).
  • Africa: Algeria, Angola, Libya, Mozambique, Namibia, Niger (for African States), South Africa, Sudan and Tonga.
  • Middle East: Egypt, Kuwait (for Organization of Islamic Conference (OIC)) and Syria.
  • Asia: Belarus, China, Democratic People’s Republic of Korea [North Korea], India, Indonesia, Iran, Lao People’s Democratic Republic, Malaysia, Myanmar, Russian Federation, Singapore (for Association of Southeast Asian Nations (ASEAN)), Thailand (for Group of 77 and China) and Viet Nam.
  • Europe: Slovakia (for European Union (EU)).

U.S. Abstention[4]

Samantha Power
Samantha Power

The U.S. Ambassador and Permanent Representative to the United Nations, Samantha Power, announced the U.S. abstention before the debate and voting on the resolution. Here are extracts of her speech about that vote.

“For more than 50 years, the [U.S.] had a policy aimed at isolating the government of Cuba. For roughly half of those years, U.N. Member States have voted overwhelmingly for a General Assembly resolution that condemns the U.S. embargo and calls for it to be ended. The [U.S.] has always voted against this resolution. Today the [U.S.] will abstain.”

“In December 2014, President Obama made clear his opposition to the embargo and called on our Congress to take action to lift it. Yet while the Obama Administration agrees that the U.S. embargo on Cuba should be lifted, . . . we don’t support the shift for the reason stated in this resolution. All actions of the [U.S.] with regard to Cuba have been and are fully in conformity with the U.N. Charter and international law, including applicable trade law and the customary law of the sea. We categorically reject the statements in the resolution that suggest otherwise.”

“But [today’s] resolution . . . is a perfect example of why the U.S. policy of isolation toward Cuba was not working – or worse, how it was actually undermining the very goals it set out to achieve. Instead of isolating Cuba, . . . our policy isolated the [U.S.], including right here at the [U.N.].”

“Under President Obama, we have adopted a new approach: rather than try to close off Cuba from the rest of the world, we want the world of opportunities and ideas open to the people of Cuba. After 50-plus years of pursuing the path of isolation, we have chosen to take the path of engagement. Because, as President Obama said in Havana, we recognize that the future of the island lies in the hands of the Cuban people.”[5]

“Abstaining on this resolution does not mean that the [U.S.] agrees with all of the policies and practices of the Cuban government. We do not. We are profoundly concerned by the serious human rights violations that the Cuban government continues to commit with impunity against its own people – including arbitrarily detaining those who criticize the government; threatening, intimidating, and, at times, physically assaulting citizens who take part in peaceful marches and meetings; and severely restricting the access that people on the island have to outside information.”

“We [,however,] recognize the areas in which the Cuban government has made significant progress in advancing the welfare of its people, from significantly reducing its child mortality rate, to ensuring that girls have the same access to primary and secondary school as boys.”

“But none of this should mean that we stay silent when the rights of Cuban people are violated, as Member States here at the [U.N.] have too often done. That is why the [U.S.] raised these concerns directly with the Cuban government during our [recent] historic dialogue on human rights . . ., which shows that, while our governments continue to disagree on fundamental questions of human rights, we have found a way to discuss these issues in a respectful and reciprocal manner.[6] We urge other Member States to speak up about these issues as well.”

“As President Obama made clear when he traveled to Havana, we believe that the Cuban people – like all people – are entitled to basic human rights, such as the right to speak their minds without fear, and the right to assemble, organize, and protest peacefully. Not because these reflect a U.S.-centric conception of rights, but rather because they are universal human rights – enshrined in the U.N. Charter and in the Universal Declaration of Human Rights – which all of our 193 Member States are supposed to respect and defend. Rights that are essential for the dignity of men, women, and children regardless of where they live or what kind of government they have.”

The U.S. concedes that it “has work to do in fulfilling these rights for our own citizens. And we know that at times in our history, U.S. leaders and citizens used the pretext of promoting democracy and human rights in the region to justify actions that have left a deep legacy of mistrust. We recognize that our history, in which there is so much that makes us proud, also gives us ample reason to be humble.”

“The [U.S.] believes that there is a great deal we can do together with Cuba to tackle global challenges. That includes here at the [U.N.], where the decades-long enmity between our nations has at best been a distraction – and at worst, an obstacle – to carrying out some of the most important work of this institution and helping the world’s most vulnerable people.”

U.S. Reactions[7]

Engage Cuba, a U.S. national coalition of private companies, organizations and state and local leaders working to lift the embargo, said, “Year after year, the international community has condemned our failed unilateral sanctions that have caused great economic hardship for the people of Cuba and continue to put American businesses at a competitive disadvantage. The fact that the Administration and Israel abstained from voting for the first time ever demonstrates the growing recognition that the U.S. embargo on Cuba is a failed, obsolete policy that has no place in today’s international affairs.”

Senator Marco Rubio (Rep., FL), on the other hand, blasted the abstention, saying the Obama administration had failed to honor and defend U.S. laws in an international forum. Similar negative reactions were registered by Senators Ted Cruz (Rep., FL) and Robert Menendez (Dem., NJ), Republican Representatives from Florida, Ileana Ros-Lehtinen and Mario Diaz-Balart, and the U.S.-Cuba Democracy PAC.

As an U.S. citizen-advocate for ending the embargo as soon as possible, I am pleased with the U.S. abstention and agree with Ambassador Power that this vote does not mean the U.S. agrees with the resolution’s stated reasons.

Moreover, too many in the U.S. believe the Cuban damages claim from the embargo is just a crazy Cuban dream, but I disagree. Given the amount of the claim, Cuba will not someday tell the U.S. to forget it. A prior post, therefore, suggested that the two countries agree to submit this and any other damage claims by both countries for resolution by an independent international arbitration panel such as those provided by the Permanent Court of Arbitration at the Hague in the Netherlands.

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[1] U.N. Press Release, U.S. abstains for first time in annual UN vote on ending embargo against Cuba (Oct. 26, 2016).

[2] A prior post replicated the Presidential Policy Directive while another post provided reactions thereto.

[3] U.N. Press Release, General Assembly Plenary (Oct. 26, 2016); The defeat of the blockade is the world’s largest moral and political victory for the people of Cuba against the empire, Granma (Oct. 26, 2016) (Venezuela’s statement); Today not only do we vote against the blockade, we voted for hope, Granma (Oct. 26, 2016) (Bolivia’s statement).

[4] Ambassador Power, Remarks at a UN General Assembly Meeting on the Cuban Embargo (Oct. 26, 2016).  Israel, which also abstained, merely said that it welcomed the improved U.S.-Cuba relations and hoped it would lead to a new era in the region.

[5] A prior post reviewed President Obama’s eloquent speech in Havana to the Cuban people.

[6] A prior post reviewed the limited public information about the recent human rights dialogue.

[7] Ordońez, For 1st time, U.S. changes its position on U.N. resolution blasting Cuba trade embargo, InCubaToday (Oct. 26, 2016); Engage Cuba, Press Release: Engage Cuba Praises First Ever Unanimous Passage of United Nations Resolution Condemning the Cuban Embargo (Oct. 26, 2016); Lederer & Lee, US abstains in UN vote on Cuba embargo for the first time, Wash. Post (Oct. 26, 2016); Rubio, Rubio: Obama Admin Ignoring U.S. Law on Cuba Embargo, Giving More Concessions to Castro Regime at U.N. (Oct. 26, 2016).

Another U.N. General Assembly Resolution Condemning the U.S. Embargo of Cuba                                                                                    

U.N. General Assembly, 10/27/15
U.N. General Assembly, 10/27/15

On October 27, 2015, the United Nations General Assembly adopted Resolution 5 (A/RES/70/5), 191 to 2 {the U.S. and Israel against with no abstentions) on the necessity of ending the economic, commercial and financial embargo imposed by the U.S. against Cuba. This was the 24th consecutive year that the Assembly has condemned the embargo, this time with the largest number of members voting for the resolution.[1]

This post will review the resolution itself and the debate leading to its adoption and preliminary documents filed with the General Assembly before concluding with observations about where we go from here.

The Resolution

These are two key provisions of this resolution:

  • First, the General Assembly reiterates “its call upon all States to refrain from promulgating and applying laws and measures of the kind referred to in the preamble to the present resolution, in conformity with their obligations under the Charter of the United Nations and international law, which, inter alia, reaffirm the freedom of trade and navigation.”
  • Second, the General Assembly “again urges States [e., the U.S.] that have and continue to apply such laws and measures to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime.”

The Debate

Here we will look at Cuba’s arguments in favor of the resolution, the comments of other U.N. members supporting the resolution and those of the two countries opposing the measure (the U.S. and Israel).

Cuba[2]

Foreign Minister Bruno Rodriguez
Foreign Minister Bruno Rodriguez

In presenting the resolution, Cuba’s Foreign Minister, Bruno Rodriguez, opened by acknowledging that last December 17 U.S. President Obama “recognized that the economic, commercial and financial blockade imposed against Cuba had failed, is obsolete, has not met the originally envisaged goals and causes damages to the Cuban people and isolation to the US Government.” To that end the U.S. President “has urged the Congress . . . to do so . . . [and has used] his executive prerogatives to modify its implementation.” Nevertheless, “the economic, commercial and financial blockade imposed against Cuba is being fully and completely implemented.”

The U.S. removal removal of Cuba “ from the spurious list of States Sponsors of International Terrorism was the inevitable rectification of a nonsense, but this has hardly had any impact on the implementation of the blockade, which is supported by a far more comprehensive system of previously established sanctions and laws.”

“The blockade is a flagrant, massive and systematic violation of the human rights of all Cubans; it is contrary to International Law; it has been described as  a crime of genocide by the Convention for the Prevention and Punishment of the Crime of Genocide of 1948 and is the main obstacle to the economic and social development of our people.”

“The human damages it has caused are inestimable.  Seventy seven per cent of all Cubans have been suffering the blockade since the day they were born.  The shortages and deprivations that it causes to all Cuban families cannot be accounted for.”

According to rigorous and conservative calculations, the economic damages it has caused after more than half a century amount to [US$ 833.755 billion (based on the price of gold) or US$ 121.192 billion (current prices).

“Historically, the United States has intended to establish its domination and hegemony on our homeland and, since 1959, it has tried to change the political, economic and social system that our people,   fully exercising the right to self-determination, has freely chosen.”

“The lifting of the blockade will be the essential element that will give some meaning to the progress achieved in the last few months in the relations between both countries and shall set the pace towards normalization.”

“Cuba is ready to accept the opportunities and face the challenges of a  new era in the relations between  both countries, but it will never negotiate its socialist system or its internal affairs, nor will it allow any blemish on its independence, which was conquered at the price of the blood of its best sons and daughters and after the huge sacrifices made by many generations since the beginning of  our independence wars in 1868.”

“As has been reiterated by President Raúl Castro Ruz, both governments must find the way to coexist in a civilized manner, despite their profound differences, and advance as much as possible for the benefit of the peoples of the United States and Cuba, through a dialogue and cooperation based on mutual respect and sovereign equality.”

“We appreciate and recognize the progress achieved recently with the re-opening of embassies, the visits paid by the Secretaries of State and Commerce and the exchange of delegations; the functioning of a Steering Committee; the expansion of the areas of dialogue and cooperation, particularly in the filed of air and aviation safety; the combat of drug-trafficking, illegal migration and traffic in persons; law enforcement, environmental protection and health, among others. We are really interested in developing fruitful relations; offering our hospitality to the US citizens who enjoy the freedom of traveling to Cuba; expanding enriching, cultural, sports, scientific and academic exchanges; promoting a multifaceted cooperation in areas of common interest, trade and investments. We have initiated a human rights dialogue with a strict reciprocal character and despite our huge differences.”

“We have presented a new draft resolution that reflects the reality of the rigorous and oppressive implementation of the blockade against Cuba and also welcomes and recognizes, in the new preamble paragraphs, the progress achieved in the course of last year.”

On behalf of the heroic, self-sacrificing and fraternal people of Cuba, I ask you to vote in favor of the resolution.”

Other Countries.

Luxembourg, an U.S. ally, expressing the common position of the European Union members, said that the U.S. trade policy towards Cuba was fundamentally a bilateral issue, but that the effects and side effects of U.S. extraterritorial legislation and unilateral measures were also negatively affecting the EU’s economic interests. The EU’s Common Commercial Policy had firmly and continuously opposed such measures. The EU and the U.S. had agreed in 1998 to alleviate problems with U.S. extraterritorial legislation and the U.S. had to fully respect and implement that agreement.

Speakers from 37 other countries voiced their support for the resolution while many also welcomed the renewal of diplomatic ties between the U.S. and Cuba and the island’s removal from the U.S. list of state sponsors of terrorism. Some of these speakers, however, said the steps taken by the U.S. were still limited and that the embargo remained unchanged or had even been tightened since the historic rapprochement was announced last December.

Colombia’s permanent representative, for example, said her country was optimistic that Obama will obtain Congress to lift the embargo, which “runs counter to international law.” Jamaica’s representative, speaking on behalf of CARICOM, said the embargo wasn’t only punitive against Cuba, “but an impediment to our shared regional development.”

United States of America[3]

Ronald D. Goddard
Ronald D. Goddard

A short explanation for the U.S. vote against the resolution was provided to the General Assembly by Ronald D. Goddard, U.S. Senior Advisor for Western Hemispheric Affairs. He mentioned last December’s historic announcement of a new era in U.S.-Cuba relations and some of the subsequent steps toward normalization. In addition, he said that U.S. President Obama had “called on Congress to lift the embargo as soon as possible and has taken executive action to adjust regulations to facilitate many transactions involving Cuba.”

Therefore, Goddard continued, the U.S. regretted “that the Government of Cuba has chosen to proceed with its annual resolution. The text falls short of reflecting the significant steps that have been taken and the spirit of engagement President Obama has championed.. . . If Cuba thinks this exercise will help move things forward in the direction both governments have indicated they wish, it is mistaken.”

Israel.

Israel, the only other U.N. member to join the U.S. in opposing the resolution, merely said that it had followed the adoption of the resolution with great interest and welcomed the renewal of diplomatic relations between Cuba and the U.S. Given Israel’s special relationship with the latter, it had voted against the resolution.

Preliminary Documents Regarding the Resolution

Cuba’s Report to General Assembly. In June 2015 Cuba submitted a 37-page report to the General Assembly on its last year’s resolution on the embargo (blockade). This report contains a list of the U.S. statutes and regulations imposing the embargo and blockade and asserts that these U.S. actions have violated the Cuban people’s right to health and food; education, sports and culture; and development. In addition, this U.S. policy allegedly has damaged Cuba’s foreign commerce and investments; and finances, especially with its extraterritorial applications. These alleged damages total US$ 121.192 billion (in current prices) or US$ 833.755 billion (adjusted to reflect the depreciation of the US Dollar against the value of gold).[4]

These alleged damages include the alleged blocking of Cuban access to diagnostic equipment for monitoring the treatment of leukemia patients; preventing the sale to Cuban hospitals of devices critical for pediatric heart surgery patients; and hindering efforts by the U.N. Development Program getting medicine and support into Cuba for its over 18,000 patients living with HIV/AIDS.

U.N. Secretary-General’s Report to General Assembly. On July 30, 2015, the U.N. Secretary-General submitted a 178-page report to the General Assembly summarizing the comments on the resolution from 156 governments and 33 U.N. agencies and entities.[5] The U.S. and Israel, the only two countries to vote against the same resolution last year, had not submitted any comments at the time of the publication of this report, and the Holy See merely stated that it had “never drawn up or applied economic, commercial or financial laws or measures against Cuba.”

The other 155 governments basically supported the resolution with the European Union and Japan emphasizing that the U.S. “trade policy towards Cuba is fundamentally a bilateral issue,” but that “the extraterritorial extension of the [U.S.] embargo . . . violate commonly accepted rules of international trade.”

Of the 33 U.N. agencies and entities, the Office of the United Nations High Commissioner for Human Rights says that generally coercive economic sanctions justified on human rights grounds more often than not fail to improve those conditions; instead they punish the poorest people, the intended beneficiaries of the sanctions, at the cost of increased unemployment and poverty and risks to their health.

Conclusion

This blog consistently has called for the U.S. to end its embargo (blockade) of Cuba. It also has recommended that Cuba’s claims against the U.S. for alleged damages from the embargo be submitted for determination to the Permanent Court of Arbitration at The Hague in the Netherlands. In such a proceeding the U.S. could mount any and all arguments it has against (a) the major premise of the claims (the embargo is illegal under international law) and (b) the amount and causation of the alleged damages from the embargo. In the meantime, this blog has pointed out that as a matter of financial prudence the U.S. should end the embargo as soon as possible to reduce the amount of this contingent liability.[6]

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[1] United Nations, Despite Resumption of Relations between United States, Cuba, General Assembly Adopts, Almost Unanimously, Resolution Calling for Blockade to Be Lifted (Oct. 27, 2015); Assoc. Press, UN Overwhelmingly Condemns US Embargo on Cuba, N.Y. Times (Oct. 27, 2015); Reuters, Amid Renewed U.S., Cuba ties, U.N. condemns Embargo for 24th Year, N.Y. Times (Oct. 27, 2015); Whitefield, United Nations Votes 191-2 to condemn U.S. embargo against Cuba, Miami Herald (Oct. 27, 2015). As an example of the very limited U.S. coverage of this important U.N. action, the StarTribune, which is the major newspaper in the State of Minnesota, merely stated the following in an 8th page column of “nation+ world” news in the October 28th print edition: “UNITED NATIONS: Vote condemns embargo on Cuba In the first U.N. vote on a resolution condemning the U.S. embargo against Cuba since the two countries renewed diplomatic ties, the U.N. voted 191-2 in favor of the condemnation. The United States said that it couldn’t support the resolution because it failed to take into account ‘the significant steps in the spirit of engagement’ undertaken by the United States.”

[2] Bruno Rodriguez: “We will continue to present this draft resolution for as long as this blockade persists,” CubaMinRex (Oct. 27, 2015) (official Cuban Foreign Ministry English translation). On the day the resolution was debated in the General Assembly, Cuba’s newspaper, Granma, and its website, Cubadebate, had a minute-by-minute reporting of the proceedings starting at 08:33 a.m. (CDT). The Cuban Foreign Ministry has a separate website, “CubavsBloquero,” regarding the embargo (blockade). Another special Ministry website focuses on Cuba-EEUU {United States} relations.

[3] U.S. Mission to U.N., Explanation of Vote at a UN General Assembly Meeting on the Cuba Embargo (Oct. 27, 2015)  In the weeks before the General Assembly vote, the U.S. reportedly considered abstaining on the resolution this year. Last week, however, the U.S. decided it would not abstain because the text did not fully reflect the new spirit of cooperation between the two countries

 [4] Report by Cuba On Resolution 69/5 of the United Nations General Assembly entitled “Necessity of ending the economic, commercial and financial blockade imposed by the United States of America against Cuba” (June 2015). The Report breakdown for some, but not all, of the components of these alleged damages, but does not explain how the alleged gold standard dollar figures were calculated.

[5] U.N. Gen. Assembly, Report of the Secretary General: Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba (July 30, 2015)

[6] E.g., Letter to President Obama Regarding Cuba (Aug. 17, 2012) (recommends ending embargo); Senator Klobuchar Introduces Bill To End Embargo of Cuba (Feb. 13, 2015) (Cuba’s “damage claim must be recognized as a contingent liability of the U.S., and ending the embargo will minimize the amount of that liability”); Resolution of U.S. and Cuba’s Damage Claims (April 6, 2015).

The Fourth Day of Pope Francis’ Mission to the American People

On Friday, September 25 (the fourth day of the mission to the American people) Pope Francis’ audience was in fact the whole world, when he went to the headquarters of the United Nations in east midtown Manhattan to speak briefly to U.N. employees and then extensively to the U.N. General Assembly. Francis next was driven to lower Manhattan’s 9/11 Memorial and Museum, where he participated in a multifaith worship service. In the afternoon he visited Our Lady Queen of Angels School in East Harlem. Afterwards in his popemobile, he motored through Central Park to go to Madison Square Garden, the site of a mass.[1]

United Nations Employees[2]

The Pope told U.N. employees, “The vast majority of the work done here is not of the kind that makes the news. Behind the scenes, your daily efforts make possible many of the diplomatic, cultural, economic and political initiatives of the United Nations, which are so important for meeting the hopes and expectations of the peoples who make up our human family. You are experts and experienced fieldworkers, officials and secretaries, translators and interpreters, cleaners and cooks, maintenance and security personnel. Thank you for all that you do!”

“Your quiet and devoted work not only contributes to the betterment of the United Nations. It also has great significance for you personally. For how we work expresses our dignity and the kind of persons we are.”

“Many of you have come to this city from countries the world over. As such, you are a microcosm of the peoples whom this organization represents and seeks to serve. Like so many other people worldwide, you are concerned about your children’s welfare and education. You worry about the future of the planet, and what kind of a world we will leave for future generations. But today, and everyday, I would ask each of you, whatever your capacity, to care for one another. Be close to one another, respect one another, and so embody among yourselves this organization’s ideal of a united human family, living in harmony, working not only for peace, but in peace; working not only for justice, but in a spirit of justice.”

“Dear friends, I bless each one of you from my heart. I will pray for you and your families, and I ask each of you, please, to remember to pray for me. And if any of you are not believers, I ask you to wish me well. God bless you all.”

United Nations General Assembly[3]

 

Pope Francis @ U.N. General Assembly
Pope Francis @ U.N. General Assembly

My predecessors have “expressed their great esteem for the Organization, which they considered the appropriate juridical and political response to this present moment of history, marked by our technical ability to overcome distances and frontiers and, apparently, to overcome all natural limits to the exercise of power. An essential response, inasmuch as technological power, in the hands of nationalistic or falsely universalist ideologies, is capable of perpetrating tremendous atrocities. I can only reiterate the appreciation expressed by my predecessors, in reaffirming the importance which the Catholic Church attaches to this Institution and the hope which she places in its activities.”

“The United Nations is presently celebrating its seventieth anniversary. The history of this organized community of states is one of important common achievements over a period of unusually fast- paced changes. Without claiming to be exhaustive, we can mention the codification and development of international law, the establishment of international norms regarding human rights, advances in humanitarian law, the resolution of numerous conflicts, operations of peacekeeping and reconciliation, and any number of other accomplishments in every area of international activity and endeavor. All these achievements are lights that help to dispel the darkness of the disorder caused by unrestrained ambitions and collective forms of selfishness. Certainly, many grave problems remain to be resolved, yet it is clear that, without all those interventions on the international level, mankind would not have been able to survive the unchecked use of its own possibilities. Every one of these political, juridical and technical advances is a path towards attaining the ideal of human fraternity and a means for its greater realization.”

“For this reason I pay homage to all those men and women whose loyalty and self-sacrifice have benefited humanity as a whole in these past seventy years. In particular, I would recall today those who gave their lives for peace and reconciliation among peoples, from Dag Hammarskjöld to the many United Nations officials at every level who have been killed in the course of humanitarian missions, and missions of peace and reconciliation.”

“Beyond these achievements, the experience of the past seventy years has made it clear that reform and adaptation to the times is always necessary in the pursuit of the ultimate goal of granting all countries, without exception, a share in, and a genuine and equitable influence on, decision-making processes. The need for greater equity is especially true in the case of those bodies with effective executive capability, such as the Security Council, the Financial Agencies and the groups or mechanisms specifically created to deal with economic crises. This will help limit every kind of abuse or usury, especially where developing countries are concerned. The International Financial Agencies are should care for the sustainable development of countries and should ensure that they are not subjected to oppressive lending systems which, far from promoting progress, subject people to mechanisms which generate greater poverty, exclusion and dependence.”

“The work of the United Nations, according to the principles set forth in the Preamble and the first Articles of its founding Charter, can be seen as the development and promotion of the rule of law, based on the realization that justice is an essential condition for achieving the ideal of universal fraternity. In this context, it is helpful to recall that the limitation of power is an idea implicit in the concept of law itself. To give to each his own, to cite the classic definition of justice, means that no human individual or group can consider itself absolute, permitted to bypass the dignity and the rights of other individuals or their social groupings. The effective distribution of power (political, economic, defense-related, technological, etc.) among a plurality of subjects, and the creation of a juridical system for regulating claims and interests, are one concrete way of limiting power. Yet today’s world presents us with many false rights and – at the same time – broad sectors which are vulnerable, victims of power badly exercised: for example, the natural environment and the vast ranks of the excluded. These sectors are closely interconnected and made increasingly fragile by dominant political and economic relationships. That is why their rights must be forcefully affirmed, by working to protect the environment and by putting an end to exclusion.”

“First, it must be stated that a true “right of the environment” does exist, for two reasons. First, because we human beings are part of the environment. We live in communion with it, since the environment itself entails ethical limits which human activity must acknowledge and respect. Man, for all his remarkable gifts, which ‘are signs of a uniqueness which transcends the spheres of physics and biology’ (Laudato Si’, 81), is at the same time a part of these spheres. He possesses a body shaped by physical, chemical and biological elements, and can only survive and develop if the ecological environment is favorable. Any harm done to the environment, therefore, is harm done to humanity. Second, because every creature, particularly a living creature, has an intrinsic value, in its existence, its life, its beauty and its interdependence with other creatures. We Christians, together with the other monotheistic religions, believe that the universe is the fruit of a loving decision by the Creator, who permits man respectfully to use creation for the good of his fellow men and for the glory of the Creator; he is not authorized to abuse it, much less to destroy it. In all religions, the environment is a fundamental good (cf. ibid.).”

“The misuse and destruction of the environment are also accompanied by a relentless process of exclusion. In effect, a selfish and boundless thirst for power and material prosperity leads both to the misuse of available natural resources and to the exclusion of the weak and disadvantaged, either because they are differently abled (handicapped), or because they lack adequate information and technical expertise, or are incapable of decisive political action. Economic and social exclusion is a complete denial of human fraternity and a grave offense against human rights and the environment. The poorest are those who suffer most from such offenses, for three serious reasons: they are cast off by society, forced to live off what is discarded and suffer unjustly from the abuse of the environment. They are part of today’s widespread and quietly growing ‘culture of waste’”.

“The dramatic reality this whole situation of exclusion and inequality, with its evident effects, has led me, in union with the entire Christian people and many others, to take stock of my grave responsibility in this regard and to speak out, together with all those who are seeking urgently-needed and effective solutions. The adoption of the 2030 Agenda for Sustainable Development at the World Summit, which opens today, is an important sign of hope. I am similarly confident that the Paris Conference on Climatic Change will secure fundamental and effective agreements.”

“Solemn commitments, however, are not enough, even though they are a necessary step toward solutions. The classic definition of justice which I mentioned earlier contains as one of its essential elements a constant and perpetual will: Iustitia est constans et perpetua voluntas ius sum cuique tribuendi. Our world demands of all government leaders a will which is effective, practical and constant, concrete steps and immediate measures for preserving and improving the natural environment and thus putting an end as quickly as possible to the phenomenon of social and economic exclusion, with its baneful consequences: human trafficking, the marketing of human organs and tissues, the sexual exploitation of boys and girls, slave labor, including prostitution, the drug and weapons trade, terrorism and international organized crime. Such is the magnitude of these situations and their toll in innocent lives, that we must avoid every temptation to fall into a declarationist nominalism which would assuage our consciences. We need to ensure that our institutions are truly effective in the struggle against all these scourges.”

“The number and complexity of the problems require that we possess technical instruments of verification. But this involves two risks. We can rest content with the bureaucratic exercise of drawing up long lists of good proposals – goals, objectives and statistical indicators – or we can think that a single theoretical and aprioristic solution will provide an answer to all the challenges. It must never be forgotten that political and economic activity is only effective when it is understood as a prudential activity, guided by a perennial concept of justice and constantly conscious of the fact that, above and beyond our plans and programs, we are dealing with real men and women who live, struggle and suffer, and are often forced to live in great poverty, deprived of all rights.”

“To enable these real men and women to escape from extreme poverty, we must allow them to be dignified agents of their own destiny. Integral human development and the full exercise of human dignity cannot be imposed. They must be built up and allowed to unfold for each individual, for every family, in communion with others, and in a right relationship with all those areas in which human social life develops – friends, communities, towns and cities, schools, businesses and unions, provinces, nations, etc. This presupposes and requires the right to education – also for girls (excluded in certain places) – which is ensured first and foremost by respecting and reinforcing the primary right of the family to educate its children, as well as the right of churches and social groups to support and assist families in the education of their children. Education conceived in this way is the basis for the implementation of the 2030 Agenda and for reclaiming the environment.”

“At the same time, government leaders must do everything possible to ensure that all can have the minimum spiritual and material means needed to live in dignity and to create and support a family, which is the primary cell of any social development. In practical terms, this absolute minimum has three names: lodging, labor, and land; and one spiritual name: spiritual freedom, which includes religious freedom, the right to education and other civil rights.”

“For all this, the simplest and best measure and indicator of the implementation of the new Agenda for development will be effective, practical and immediate access, on the part of all, to essential material and spiritual goods: housing, dignified and properly remunerated employment, adequate food and drinking water; religious freedom and, more generally, spiritual freedom and education. These pillars of integral human development have a common foundation, which is the right to life and, more generally, what we could call the right to existence of human nature itself.”

“The ecological crisis, and the large-scale destruction of biodiversity, can threaten the very existence of the human species. The baneful consequences of an irresponsible mismanagement of the global economy, guided only by ambition for wealth and power, must serve as a summons to a forthright reflection on man: “man is not only a freedom which he creates for himself. Man does not create himself. He is spirit and will, but also nature” (BENEDICT XVI, Address to the Bundestag, 22 September 2011, cited in Laudato Si’, 6). Creation is compromised “where we ourselves have the final word… The misuse of creation begins when we no longer recognize any instance above ourselves, when we see nothing else but ourselves” (ID. Address to the Clergy of the Diocese of Bolzano-Bressanone, 6 August 2008, cited ibid.). Consequently, the defense of the environment and the fight against exclusion demand that we recognize a moral law written into human nature itself, one which includes the natural difference between man and woman (cf. Laudato Si’, 155), and absolute respect for life in all its stages and dimensions (cf. ibid., 123, 136).”

“Without the recognition of certain incontestable natural ethical limits and without the immediate implementation of those pillars of integral human development, the ideal of “saving succeeding generations from the scourge of war” (Charter of the United Nations, Preamble), and “promoting social progress and better standards of life in larger freedom” (ibid.), risks becoming an unattainable illusion, or, even worse, idle chatter which serves as a cover for all kinds of abuse and corruption, or for carrying out an ideological colonization by the imposition of anomalous models and lifestyles which are alien to people’s identity and, in the end, irresponsible.”

“War is the negation of all rights and a dramatic assault on the environment. If we want true integral human development for all, we must work tirelessly to avoid war between nations and between peoples.”

“To this end, there is a need to ensure the uncontested rule of law and tireless recourse to negotiation, mediation and arbitration, as proposed by the Charter of the United Nations, which constitutes truly a fundamental juridical norm. The experience of these seventy years since the founding of the United Nations in general, and in particular the experience of these first fifteen years of the third millennium, reveal both the effectiveness of the full application of international norms and the ineffectiveness of their lack of enforcement. When the Charter of the United Nations is respected and applied with transparency and sincerity, and without ulterior motives, as an obligatory reference point of justice and not as a means of masking spurious intentions, peaceful results will be obtained. When, on the other hand, the norm is considered simply as an instrument to be used whenever it proves favorable, and to be avoided when it is not, a true Pandora’s box is opened, releasing uncontrollable forces which gravely harm defenseless populations, the cultural milieu and even the biological environment.”

“The Preamble and the first Article of the Charter of the United Nations set forth the foundations of the international juridical framework: peace, the pacific solution of disputes and the development of friendly relations between the nations. Strongly opposed to such statements, and in practice denying them, is the constant tendency to the proliferation of arms, especially weapons of mass distraction, such as nuclear weapons. An ethics and a law based on the threat of mutual destruction – and possibly the destruction of all mankind – are self-contradictory and an affront to the entire framework of the United Nations, which would end up as “nations united by fear and distrust”. There is urgent need to work for a world free of nuclear weapons, in full application of the nonproliferation Treaty, in letter and spirit, with the goal of a complete prohibition of these weapons.”

“The recent agreement reached on the nuclear question in a sensitive region of Asia and the Middle East is proof of the potential of political good will and of law, exercised with sincerity, patience and constancy. I express my hope that this agreement will be lasting and efficacious, and bring forth the desired fruits with the cooperation of all the parties involved.”

“In this sense, hard evidence is not lacking of the negative effects of military and political interventions which are not coordinated between members of the international community. For this reason, while regretting to have to do so, I must renew my repeated appeals regarding to the painful situation of the entire Middle East, North Africa and other African countries, where Christians, together with other cultural or ethnic groups, and even members of the majority religion who have no desire to be caught up in hatred and folly, have been forced to witness the destruction of their places of worship, their cultural and religious heritage, their houses and property, and have faced the alternative either of fleeing or of paying for their adhesion to good and to peace by their own lives, or by enslavement.”

“These realities should serve as a grave summons to an examination of conscience on the part of those charged with the conduct of international affairs. Not only in cases of religious or cultural persecution, but in every situation of conflict, as in Ukraine, Syria, Iraq, Libya, South Sudan and the Great Lakes region, real human beings take precedence over partisan interests, however legitimate the latter may be. In wars and conflicts there are individual persons, our brothers and sisters, men and women, young and old, boys and girls who weep, suffer and die. Human beings who are easily discarded when our only response is to draw up lists of problems, strategies and disagreements.”

“As I wrote in my letter to the Secretary-General of the United Nations on 9 August 2014, “the most basic understanding of human dignity compels the international community, particularly through the norms and mechanisms of international law, to do all that it can to stop and to prevent further systematic violence against ethnic and religious minorities” and to protect innocent peoples.”

“Along the same lines I would mention another kind of conflict which is not always so open, yet is silently killing millions of people. Another kind of war experienced by many of our societies as a result of the narcotics trade. A war which is taken for granted and poorly fought. Drug trafficking is by its very nature accompanied by trafficking in persons, money laundering, the arms trade, child exploitation and other forms of corruption. A corruption which has penetrated to different levels of social, political, military, artistic and religious life, and, in many cases, has given rise to a parallel structure which threatens the credibility of our institutions.”

“I began this speech recalling the visits of my predecessors. I would hope that my words will be taken above all as a continuation of the final words of the address of Pope Paul VI; although spoken almost exactly fifty years ago, they remain ever timely. “The hour has come when a pause, a moment of recollection, reflection, even of prayer, is absolutely needed so that we may think back over our common origin, our history, our common destiny. The appeal to the moral conscience of man has never been as necessary as it is today… For the danger comes neither from progress nor from science; if these are used well, they can help to solve a great number of the serious problems besetting mankind (Address to the United Nations Organization, 4 October 1965). Among other things, human genius, well applied, will surely help to meet the grave challenges of ecological deterioration and of exclusion. As Paul VI said: “The real danger comes from man, who has at his disposal ever more powerful instruments that are as well fitted to bring about ruin as they are to achieve lofty conquests” (ibid.).”

“The common home of all men and women must continue to rise on the foundations of a right understanding of universal fraternity and respect for the sacredness of every human life, of every man and every woman, the poor, the elderly, children, the infirm, the unborn, the unemployed, the abandoned, those considered disposable because they are only considered as part of a statistic. This common home of all men and women must also be built on the understanding of a certain sacredness of created nature.”

“Such understanding and respect call for a higher degree of wisdom, one which accepts transcendence, rejects the creation of an all-powerful elite, and recognizes that the full meaning of individual and collective life is found in selfless service to others and in the sage and respectful use of creation for the common good. To repeat the words of Paul VI, ‘the edifice of modern civilization has to be built on spiritual principles, for they are the only ones capable not only of supporting it, but of shedding light on it’ (ibid.).”

“El Gaucho Martín Fierro, a classic of literature in my native land, says: ‘Brothers should stand by each other, because this is the first law; keep a true bond between you always, at every time – because if you fight among yourselves, you’ll be devoured by those outside.’”

“The contemporary world, so apparently connected, is experiencing a growing and steady social fragmentation, which places at risk ‘the foundations of social life” and consequently leads to “battles over conflicting interests’ (Laudato Si’, 229).”

“The present time invites us to give priority to actions which generate new processes in society, so as to bear fruit in significant and positive historical events (cf. Evangelii Gaudium, 223). We cannot permit ourselves to postpone ‘certain agendas’ for the future. The future demands of us critical and global decisions in the face of worldwide conflicts which increase the number of the excluded and those in need.”

“The praiseworthy international juridical framework of the United Nations Organization and of all its activities, like any other human endeavor, can be improved, yet it remains necessary; at the same time it can be the pledge of a secure and happy future for future generations. And so it will, if the representatives of the States can set aside partisan and ideological interests, and sincerely strive to serve the common good. I pray to Almighty God that this will be the case, and I assure you of my support and my prayers, and the support and prayers of all the faithful of the Catholic Church, that this Institution, all its member States, and each of its officials, will always render an effective service to mankind, a service respectful of diversity and capable of bringing out, for sake of the common good, the best in each people and in every individual.”

9/11 Memorial and Museum[4]

Francis paused at the reflecting pools marking the footprints of the Twin Towers destroyed in the attacks and where 2,606 people died after Islamist militants of al Qaeda crashed hijacked jetliners into the buildings. Overall, 2,977 victims died and the 19 hijackers of four planes they commandeered. Here the Pope met family members of six people killed in the attacks, including five who worked in the towers and a flight attendant who had been on one of the hijacked aircraft.

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Joined by a dozen religious leaders from the Jewish, Muslim, Hindu, Sikh, Buddhist and Greek Orthodox traditions, Francis spoke to a crowd of about 700 people in an underground gallery at the Museum. To the right is a photograph of the Pope with a rabbi and an imam.

Here is what he said: “I feel many different emotions standing here at Ground Zero, where thousands of lives were taken in a senseless act of destruction. Here grief is palpable. The water we see flowing towards that empty pit reminds us of all those lives which fell prey to those who think that destruction, tearing down, is the only way to settle conflicts. It is the silent cry of those who were victims of a mindset which knows only violence, hatred and revenge. A mindset which can only cause pain, suffering, destruction and tears.”

“The flowing water is also a symbol of our tears. Tears at so much devastation and ruin, past and present. This is a place where we shed tears, we weep out of a sense of helplessness in the face of injustice, murder, and the failure to settle conflicts through dialogue. Here we mourn the wrongful and senseless loss of innocent lives because of the inability to find solutions which respect the common good. This flowing water reminds us of yesterday’s tears, but also of all the tears still being shed today.”

“A few moments ago I met some of the families of the fallen first responders. Meeting them made me see once again how acts of destruction are never impersonal, abstract or merely material. They always have a face, a concrete story, names. In those family members, we see the face of pain, a pain which still touches us and cries out to heaven.

At the same time, those family members showed me the other face of this attack, the other face of their grief: the power of love and remembrance. A remembrance that does not leave us empty and withdrawn. The names of so many loved ones are written around the towers’ footprints. We can see them, we can touch them, and we can never forget them.”

“Here, amid pain and grief, we also have a palpable sense of the heroic goodness which people are capable of, those hidden reserves of strength from which we can draw. In the depths of pain and suffering, you also witnessed the heights of generosity and service. Hands reached out, lives were given. In a metropolis which might seem impersonal, faceless, lonely, you demonstrated the powerful solidarity born of mutual support, love and self-sacrifice. No one thought about race, nationality, neighborhoods, religion or politics. It was all about solidarity, meeting immediate needs, brotherhood. It was about being brothers and sisters. New York City firemen walked into the crumbling towers, with no concern for their own wellbeing. Many succumbed; their sacrifice enabled great numbers to be saved.”

“This place of death became a place of life too, a place of saved lives, a hymn to the triumph of life over the prophets of destruction and death, to goodness over evil, to reconciliation and unity over hatred and division.”

“In this place of sorrow and remembrance I am filled with hope, as I have the opportunity to join with leaders representing the many religious traditions which enrich the life of this great city. I trust that our presence together will be a powerful sign of our shared desire to be a force for reconciliation, peace and justice in this community and throughout the world. For all our differences and disagreements, we can experience a world of peace. In opposing every attempt to create a rigid uniformity, we can and must build unity on the basis of our diversity of languages, cultures and religions, and lift our voices against everything which would stand in the way of such unity. Together we are called to say ‘no’ to every attempt to impose uniformity and ‘yes’ to a diversity accepted and reconciled.”

“This can only happen if we uproot from our hearts all feelings of hatred, vengeance and resentment. We know that that is only possible as a gift from heaven. Here, in this place of remembrance, I would ask everyone together, each in his or her own way, to spend a moment in silence and prayer. Let us implore from on high the gift of commitment to the cause of peace. Peace in our homes, our families, our schools and our communities. Peace in all those places where war never seems to end. Peace for those faces which have known nothing but pain. Peace throughout this world which God has given us as the home of all and a home for all. Simply PEACE. Let us pray in silence.”

“In this way, the lives of our dear ones will not be lives which will one day be forgotten. Instead, they will be present whenever we strive to be prophets not of tearing down but of building up, prophets of reconciliation, prophets of peace.”

After his remarks, Francis viewed relics of the 9/11 Memorial Museum. They included a cross formed of fused steel girders found in the towers’ smoldering wreckage and a copy of the New Testament found in the debris that is displayed Harlem

open to the Gospel passage in which Jesus urges believers to “turn the other cheek” rather than strike back.

Our Lady Queen of Angels School[5]

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In the afternoon, Francis visited Our Lady Queen of Angels School,  a Roman Catholic elementary school that has served the East Harlem Community for over 120 years with a high quality, well-rounded education, rooted in Gospel values and attentive to individual differences. There he was greeted by students and faculty as seen in the photograph to the left.

His remarks included the following: “They tell me that one of the nice things about this school is that some of its students come from other places, even from other countries. That is nice! Even though I know that it is not easy to have to move and find a new home, new neighbors and new friends. It is not easy. At the beginning it can be hard, right? Often you have to learn a new language, adjust to a new culture, even a new climate. There is so much to learn! And not just at school.”

“The good thing is that we also make new friends, we meet people who open doors for us, who are kind to us. They offer us friendship and understanding, and they try to help us not to feel like strangers. To feel at home. How nice it is to feel that school is a second home. This is not only important for you, but also for your families. School then ends up being one big family. One where, together with our mothers and fathers, our grandparents, our teachers and friends, we learn to help one another, to share our good qualities, to give the best of ourselves, to work as a team and to pursue our dreams.”

“Reverend Martin Luther King . . . said, ‘I have a dream.’ His dream was that many children, many people could have equal opportunities. His dream was that many children like you could get an education. It is beautiful to have dreams and to be able to fight for them.”

“Today we want to keep dreaming. We celebrate all the opportunities which enable you, and us adults, not to lose the hope of a better world with greater possibilities. I know that one of the dreams of your parents and teachers is that you can grow up and be happy. It is always good to see children smiling. Here I see you smiling. Keep smiling and help bring joy to everyone you meet.”

“Dear children, you have a right to dream and I am very happy that here in this school, in your friends and your teachers, you can find the support you need. Wherever there are dreams, there is joy, Jesus is always present. Because Jesus is joy, and he wants to help us to feel that joy every day of our lives.”

“Please don’t forget to pray for me, so that I can share with many people the joy of Jesus. And let us also pray so that many other people can share the joy like yours.”

Motorcade through Central Park[6]

At least 80,000 people crowded Manhattan’s Central Park to catch a glimpse of Pope Francis as his popemobile made its way to Madison Square Garden. Here are some photographs of that event.

Crowds CentPark

Popemobile 9.25

Madison Square Garden[7]

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At Manhattan’s Madison Square Garden, famed for its sporting events, Pope Francis celebrated mass before a congregation of 20,000. To the left is a photograph of the Pope during his his homily, when he said the following: “In this place, which represents both the variety and the common interests of so many different people, we have listened to the words: ‘The people who walked in darkness have seen a great light’ (Is 9:1).”

“The people who walked – caught up in their activities and routines, amid their successes and failures, their worries and expectations – have seen a great light. The people who walked – with all their joys and hopes, their disappointments and regrets – have seen a great light.”

“In every age, the People of God are called to contemplate this light. A light for the nations, as the elderly Simeon joyfully expressed it. A light meant to shine on every corner of this city, on our fellow citizens, on every part of our lives.”

“’The people who walked in darkness have seen a great light.’ One special quality of God’s people is their ability to see, to contemplate, even in ‘moments of darkness,’ the light which Christ brings. God’s faithful people can see, discern and contemplate his living presence in the midst of life, in the midst of the city.”

“Together with the prophet Isaiah, we can say: The people who walk, breathe and live in the midst of smog, have seen a great light, have experienced a breath of fresh air.

Living in a big city is not always easy. A multicultural context presents many complex challenges. Yet big cities are a reminder of the hidden riches present in our world: in the diversity of its cultures, traditions and historical experiences. In the variety of its languages, costumes and cuisine. Big cities bring together all the different ways which we human beings have discovered to express the meaning of life, wherever we may be.

But big cities also conceal the faces of all those people who don’t appear to belong, or are second-class citizens. In big cities, beneath the roar of traffic, beneath ‘the rapid pace of change,’ so many faces pass by unnoticed because they have no ‘right’ to be there, no right to be part of the city. They are the foreigners, the children who go without schooling, those deprived of medical insurance, the homeless, the forgotten elderly. These people stand at the edges of our great avenues, in our streets, in deafening anonymity. They become part of an urban landscape which is more and more taken for granted, in our eyes, and especially in our hearts.”

“Knowing that Jesus still walks our streets, that he is part of the lives of his people, that he is involved with us in one vast history of salvation, fills us with hope. A hope which liberates us from the forces pushing us to isolation and lack of concern for the lives of others, for the life of our city. A hope which frees us from empty‘connections,’ from abstract analyses, or sensationalist routines. A hope which is unafraid of involvement, which acts as a leaven wherever we happen to live and work. A hope which makes us see, even in the midst of smog, the presence of God as he continues to walk the streets of our city. Because God is in the city.”

“What is it like, this light travelling through our streets? How do we encounter God, who lives with us amid the smog of our cities? How do we encounter Jesus, alive and at work in the daily life of our multicultural cities?”

“The prophet Isaiah can guide us in this process of ‘learning to see.’ He speaks of the light which is Jesus. And now he presents Jesus to us as ‘Wonderful Counselor, the Mighty God, the Everlasting Father, the Prince of Peace.’ In this way, he introduces us to the life of the Son, so that his life can be our life.”

Wonderful Counselor. The Gospels tell us how many people came up to Jesus to ask: ‘Master, what must we do?’ The first thing that Jesus does in response is to propose, to encourage, to motivate. He keeps telling his disciples to go, to go out. He urges them to go out and meet others where they really are, not where we think they should be. Go out, again and again, go out without fear, go out without hesitation. Go out and proclaim this joy which is for all the people.”

The Mighty God. In Jesus, God himself became Emmanuel, God-with-us, the God who walks alongside us, who gets involved in our lives, in our homes, in the midst of our ‘pots and pans,’ as Saint Teresa of Jesus liked to say.”

The Everlasting Father. No one or anything can separate us from his Love. Go out and proclaim, go out and show that God is in your midst as a merciful Father who himself goes out, morning and evening, to see if his son has returned home and, as soon as he sees him coming, runs out to embrace him. This is beautiful. An embrace which wants to take up, purify and elevate the dignity of his children. A Father who, in his embrace, is ‘glad tidings to the poor, healing to the afflicted, liberty to captives, comfort to those who mourn’ (Is 61:1-2).”

Prince of Peace. Go out to others and share the good news that God, our Father, walks at our side. He frees us from anonymity, from a life of emptiness, and brings us to the school of encounter. He removes us from the fray of competition and self-absorption, and he opens before us the path of peace. That peace which is born of accepting others, that peace which fills our hearts whenever we look upon those in need as our brothers and sisters.”

“God is living in our cities. The Church is living in our cities. God and the Church living in our cities want to be like yeast in the dough, to relate to everyone, to stand at everyone’s side, proclaiming the marvels of the Wonderful Counselor, the Mighty God, the Eternal Father, the Prince of Peace.”

“’The people who walked in darkness have seen a great light.’ And we, as Christians, are witnesses to this.”

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[1] An overall website on Pope Francis’ visit to the U.S. is “Pope Francis Visit 2015.”

[2] Pope Francis’ Remarks to United Nations Staff, N.Y. Times (Sept. 25, 2015)

[3] Pope Francis’ Remarks to the United Nations General Assembly, N.Y. Times (Sept. 25, 2015); AFP, Pope Addresses the United Nations, N.Y. Times (Sept. 25, 2015) (video); Pope Francis Addresses U.N., Calling for Peace and Environmental Justice, N.Y. Times (Sept. 25, 2015).

[4] Pope Francis’ Speech at 9/11 Memorial Museum (Sept. 25, 2015); Agence France-Presse, Pope Visits Ground Zero (Sept. 25, 2015) (video); Reuters, Resist Uniformity, Embrace Diversity: Pope at New York Attack Site, N.Y. Times (Sept. 25, 2015).

[5] Pope Francis’ Remarks at The Our Lady Queen of Angels School, abc6 Action News (Sept. 25, 2015).

[6] Baker, Mueller & Poderaro, Rib-Crushing Throngs Press Toward Central Park to See Pope Francis, N.Y. Times (Sept. 25, 2015).

[7] Wilson, Pope Francis, in New York, Takes on Extremism and Inequality, N.Y. Times (Sept. 25, 2015); Pope Francis’ Madison Square Garden Homily (Sept. 25, 2015); Agence France-Presse, Pope Celebrates Mass in New York, N.Y. Times (Sept. 25, 2015)(video).

 

 

The Birth of the Word “Genocide”

Raphael Lemkin
Raphael Lemkin

In the fall of 1944, the word “genocide” appeared for the very first time in the book “Axis Rule in Occupied Europe” by Raphael Lemkin, a Polish lawyer who lost most of his family in the Holocaust and who fled to the U.S. in 1941. The book, which was published by the Carnegie Endowment for International Peace, introduced the word as “A New Term and New Conception for Destruction of Nations.”[1]

Lemkin was inspired to create the term after listening to a 1941 radio speech by Winston Churchill, who talked about “the barbaric fury of the Nazis” and the world being “in the presence of a crime without a name.” Lemkin considered and then rejected terms like “barbarity,” “vandalism,” and “ethnocide.” Finally he created the word “genocide” by combining the Greek “genos” meaning “people” or “nation” with the Latin-derived suffix “-cide” for “killing.”

Lemkin then embarked on the mission of convincing governments to use the term to define a new crime under international law. In 1948 the United Nations General Assembly agreed with its approval of the Convention on the Prevention and Punishment of the Crime of Genocide. As of October 27, 2014, there are 146 states that are parties to this treaty.[2]

The treaty defines the crime of “genocide” as “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; [or] (e) Forcibly transferring children of the group to another group.”

Now genocide is one of the crimes that is within the jurisdiction of the International Criminal Court and within the customary international law principle of universal jurisdiction whereby any state may prosecute an individual for the crime regardless of where the crime occurred.

A new documentary film, “Watchers of the Sky,” brings Lemkin’s creative process to the screen by animating pages of his notebooks and by telling the stories of contemporary crusaders like Samantha Power, the U.S. Ambassador to the United Nations and the author of a book about post-World War II commissions of genocide, “A Problem from Hell.”

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[1] This post is based upon the citations embedded above and upon Ben Zimmer, How ‘Genocide’ Was Coined, W.S. J. (Oct. 27, 2014). The Carnegie Endowment for International Peace was created by Andrew Carnegie in the early 20th century as discussed in a prior post.

[2] Although the Convention was unanimously adopted by the General Assembly in 1948 and signed two days later for the U.S. by President Harry Truman, it was not ratified by the U.S. until 1988 as discussed in a prior post.

New York Times Urges Normalization of U.S.- Cuba Relations

In an October 12th editorial the New York Times says, “For the first time in more than 50 years, shifting politics in the United States and changing policies in Cuba make it politically feasible to re-establish formal diplomatic relations and dismantle the senseless embargo.” Indeed, in the Times’ opinion, these changes in U.S. policy should be accompanied by ending the U.S. designation of Cuba as a “State Sponsor of Terrorism.”[1]

 Editorial’s Commentary on Cuba’s Current Conditions

The Times points out that Cuba has “taken significant steps to liberalize and diversify the island’s tightly controlled economy.” This includes “allowing citizens to take private-sector jobs and own property.” encouraging foreign investment, constructing a major deep-sea port in Mariel with Brazilian capital and negotiating a cooperation agreement with the European Union. Although the pace of reform may seem slow and inconsistent, these are significant changes.

On the other hand, the Times asserts that the Cuban “government still harasses and detains dissidents . . . [and has not explained] the suspicious circumstances surrounding the death of political activist Oswaldo Payá.” This is outweighed, however, by the Cuban government’s in recent years having “released political prisoners” and showing “slightly more tolerance for criticism of the [government’s leadership” while loosening travel restrictions “enabling prominent dissidents to travel abroad.”[1a]

Editorial’s Recommendations for U.S. Policy

End Designation of Cuba as a “State Sponsor of Terrorism.” The Times recommends that the U.S. “should remove Cuba from State Department’s list of nations that sponsor terrorist organizations . . . .   Cuba was put on the list in 1982 for backing terrorist groups in Latin America, which it no longer does. . . . [and Cuba now] is playing a constructive role in the conflict in Colombia by hosting peace talks between the government and guerrilla leaders.” [2]

End the Embargo. Just 16 days before the U.N. General Assembly is expected again to overwhelmingly approve Cuba’s resolution to condemn the embargo, the Times says the U.S should end its embargo of Cuba as it has become “clear to many American policy makers that the embargo was an utter failure.” In addition, now a slight majority of Cuban-Americans in Florida oppose the embargo.

“Fully ending the embargo will require Congress’s approval,” which may be difficult to obtain in this time of a dysfunctional Congress, but the Administration could “lift caps on remittances, allow Americans to finance private Cuban businesses and expand opportunities for travel to the island.”

Ending the embargo, according to the Times, “could also help American companies that are interested in developing the island’s telecommunications network but remain wary of the legal and political risks. Failing to engage with Cuba now will likely cede this market to competitors. The presidents of China and Russia traveled to Cuba in separate visits in July, and both leaders pledged to expand ties.”

In addition, ending the embargo would eliminate Cuba’s using the embargo as an excuse for the Cuban government’s shortcomings.[3]

Restoration of Diplomatic Relations. Says the Times, “Restoring diplomatic ties, which the White House can do without congressional approval, would allow the United States to expand and deepen cooperation in areas where the two nations already manage to work collaboratively — like managing migration flows, maritime patrolling and oil rig safety.[4] It would better position Washington to press the Cubans on democratic reforms, and could stem a new wave of migration to the United States driven by hopelessness.”

Closer ties could also bring a breakthrough on the case of an American development contractor, Alan Gross, who has been unjustly imprisoned by Cuba for nearly five years.[5] More broadly, it would create opportunities to empower ordinary Cubans, gradually eroding the government’s ability to control their lives.

In the opinion of the Times, Restoring relations would improve U.S. “relationships with governments in Latin America, and resolve an irritant that has stymied initiatives in the hemisphere.” The most current example of that irritant is “Latin American governments . . . [insisting] that Cuba, the Caribbean’s most populous island and one of the most educated societies in the hemisphere, be invited” to next year’s Summit of the Americas in Panama over U.S. opposition.

Moreover, “The [Cuban] government has said it would welcome renewed diplomatic relations with the United States and would not set preconditions” while a significant majority of Cuban-Americans favor restoring diplomatic ties, mirroring the views of other Americans.

Reactions to the Editorial 

I concur in all of the Times’ recommendations, but believe it understates the economic reasons for these changes in U.S. policy. Here is a fuller exposition of those economic reasons.

This month Dr. José Ramón Cabañas Rodriguez, the Chief of Mission, Cuban Interests Section, said that the U.S. was running the risk of becoming economically irrelevant to Cuba. Many foreign countries, especially China, and foreign companies are developing good commercial relationships with Cuba and its new private businesses with ordinary commercial terms, unlike the U.S. sales of food and agricultural products under an exemption to the U.S. Helms-Burton Law that requires Cuba to pay in advance and in cash for such products. This U.S. practice is not a good way to encourage future business. Moreover, the new Mariel port and its adjacent business park is attracting interest from companies all over the world, and if all the space in that park is committed to these foreign companies, there will be nothing left for U.S. companies.

The geographical setting of the new Mariel port is strategic in terms of trade, industry and services in Latin America and the Caribbean. On the northern cost of Cuba only 45 km west of Havana, it is located along the route of the main maritime transport flows in the western hemisphere. As the largest industrial port in the Caribbean, it will be equipped with state-of-the-art technology to handle cargo from the larger container ships that will begin to arrive when the expansion of the Panama Canal is completed in December 2015. Those larger ships can carry up to 12,500 containers, triple the capacity of the current ships, and the port’s warehouse capacity is 822,000 containers. Here are some photos of the development of this port.

Mariel PortMariel3

The Mariel project includes highways connecting the port with the rest of the country, a railway network, and communication infrastructure. In the adjacent special zone, currently under construction, there will be productive, trade, agricultural, port, logistical, training, recreational, tourist, real estate, and technological development and innovation activities in installations that include merchandise distribution centers and industrial parks.

The special zone is divided into eight sectors, to be developed in stages. The first involves telecommunications and a modern technology park where pharmaceutical and biotechnology firms will operate. Other sectors include renewable energies, agriculture and food, chemical, construction materials, logistics and rental equipment. For the last four sectors Cuba is currently studying the approval of 23 projects from Europe, Asia and the Americas.

The May 2014 visit to Cuba by a delegation from the U.S. Chamber of Commerce evidences U.S. businesses’ cognizance of these economic and commercial realities. The delegation’s head and the Chamber’s president, Thomas Donohue,  said in a speech in Havana, “For years, the US Chamber of Commerce has demanded that our government eliminate the commercial embargo on Cuba. It’s time for a new approach.” At the conclusion of the trip he said the delegation and Cuban officials had “talked about steps forward that might be taken by both countries” to improve U.S.-‪Cuba relations and that their meetings with President Raul Castro had been “positive.” In addition, the Chamber in congressional testimony has called for an end to the embargo and has supported proposed legislation to end the ban on U.S. citizens traveling to the island and easing restrictions on U.S. exports of farm and medical products.

Another sign of U.S. companies’ interest in Cuba is the visit to the island this past June by Google executives. They said they discussed increasing Cubans access to the Internet and Cuba’s need for improving its Internet technology.

These U.S. economic concerns were highlighted in February 2014 by U.S. Senator Patrick Leahy, who earlier had led a visit with four other Senators to Cuba. Leahy said, “Trade with Latin America is the fastest growing part of our international commerce.  Rather than isolate Cuba with outdated policies, we have isolated ourselves.  Our Latin, European and Canadian friends engage with Cuba all that time.  Meanwhile, U.S. companies are prohibited from any economic activity on the island.” Therefore, the Senator said, “It is time – past time – to modernize our policies and the frozen-in-time embargo on Americans’ travel and trade with Cuba that have accomplished nothing but to give the Cuban regime a scapegoat for the failures of the Cuban economy.  Change will come to Cuba, but our policies have delayed and impeded change.  It is time to elevate the voice of a crucial stakeholder:  the American people. Thanks to this [recent public opinion] poll, they are silent no longer. It is time to recognize that U.S. policy toward Cuba has been unsuccessful in achieving any of its objectives.”

Given the limited space for an individual editorial, the New York Times editorial does not discuss any of the other many issues that need to be addressed by the two countries in order to establish truly normal relations. Nor does it discuss how this normalization process can happen or be facilitated.

In contrast, this blog repeatedly has suggested both counties need a neutral third-party with the resources and commitment to act as mediator and has called for such a third-party to step forward to offer such services, rather than waiting for the U.S. or Cuba to make such a proposal unilaterally or for the two countries to agree to such a mediation. [6]

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[1] Interestingly the online version of the editorial is titled “End the U.S. Embargo on Cuba” with a linked Spanish translation while the print version is titled “The Moment to Restore Ties to Cuba.”

[1a] This month Dr. José Ramón Cabañas Rodriguez, the Chief of Mission, Cuban Interests Section, emphasized that Cuba now has term limits on every governmental office, including president: two terms of five years each for a total limit of 10 years, and Raul Castro has announced that this applies to him and thus ends his term as president in 2018. Dr. Cabañas also emphasized that many younger people are taking over many governmental positions and that there has been a decentralization of power to municipalities.

[2] This blog has provided detailed criticism of the ridiculous, absurd, stupid and cowardly rationales provided by the U.S. for such designations in 2010, 2011, 2012 (with supplement), 2013 and 2014.

[3] This blog has provided criticisms of the embargo.

[4] This month Dr. José Ramón Cabañas Rodriguez also said that the U.S. and Cuba in recent years have had bilateral discussions regarding migration, drug trafficking, search and rescue in the Florida straits, stopping oil spills in the Caribbean, airline security measures, scientific exchanges and restoration of direct telephone and mail services. In addition, the U.S. has invited or permitted an invitation to Cuba to attend a Clean Oil Conference in San Antonio, Texas in December 2014.

[5] Although it certainly is debatable whether Mr. Gross was unjustly convicted in Cuban courts for violating Cuban law, I agree that it is in the U.S. national interest to have him released and returned to the U.S. Cuba, however, has argued that the three of the “Cuban Five” still in U.S. prisons should also be released and allowed to return to their homes. At a minimum, I believe that negotiations between the two countries could and should lead to at least a one-for-one exchange with the U.S. President commuting the sentence of one of the three Cubans to time served.

[6] This blog has called for normalization of Cuba-U.S. relations and has criticized the U.S. for insisting on preconditions for holding any talks with Cuba to improve relations. Another blog post was a public letter to President Obama recommending reconciliation with Cuba. In addition, this year a group of 50 prominent Americans issued a public letter to the President urging him to take executive action to expand U.S. involvement with Cuba. Another blog post criticized recent opposition to pursuing such reconciliation.