Cuba’s Universal Periodic Review Hearing by the U.N. Human Rights Council

On May 16, the U.N. Human Rights Council in Geneva, Switzerland held a 210-minute public hearing on its third Universal Periodic Review (UPR) of Cuba’s human rights record. The hearing consisted of Cuba’s report by its Foreign Minister, Bruno Rodriguez, and other Cuban officials; comments and recommendations by 140 countries (50 seconds each for a total of approximately 117 minutes); and responses by the Cuban officials.

Before the hearing,, the Council received Cuba’s human rights report, a summary of U.N. information about Cuba, reports from stakeholders (human rights organizations and others); and advance questions from some U.N. Members. The  224 submissions from stakeholders, for example, included around 17 that said Cuba’s constitutional and legislative framework “guaranteed the enjoyment of all human rights and fundamental freedoms.” The Cuban Human Rights Observatory, and others, on the other hand, said that Cuba had not undertaken any reforms to promote the exercise of political freedoms.[1]

Cuban Government’s Report[2]

From the times of the US military occupation, which severed our independence, under the governments it imposed, 45 per cent of children did not attend schools; 85 per cent of persons lacked running water; farmers lived in abject poverty without ever owning the land they tilled and immigrants were brutally exploited. In Cuba [during those years], workers and farmers had no rights.  Extrajudicial execution, enforced disappearances and torture were recurrent.  Discrimination based on the color of the skin was brutal; poverty was rampant and women and girls were even more excluded.  The dignity of Cubans was tarnished and Cuba’s national culture was trampled upon.” (Emphasis added.)

“The Cuban Revolution led by Commander in Chief Fidel Castro Ruiz transformed that reality and continues to strive to improve the quality of life, wellbeing and social justice for all of our people, thus implementing all human rights. That willingness to protect human dignity, provide equal opportunities and ‘conquer all the justice,’ has remained unchanged and unswerving until today.”

“Our country has continued to take steps to further improve its economic and social development model with the purpose of building a sovereign, independent, socialist, democratic, prosperous and sustainable nation by strengthening the institutional structure of our political system, which is genuinely participatory and enjoys full popular support.”

In accordance with the Constitution, we have continued to strengthen the legal and institutional framework for the protection and promotion of those rights, and we have introduced modifications and proposals adapted to the needs and realities of the Cuban society and international standards. The attention to citizens has been equally improved by means of the expansion of the mechanisms, ways and recourses in the hands of the population to denounce any  infringement of the legal system or their rights; file claims or petitions to the competent authorities; channel up their opinions and concerns and actively participate in the adoption of government decisions.”

The Foreign Minister then provided more details about Cuba’s “protection of the right to life. . .; law enforcement authorities . . . [being] subject to rigorous control processes and popular scrutiny.; . . .There has been no impunity in the very few cases of abuses involving law enforcement agents and officials;” no traffic in firearms; continued strengthening of “people’s participation in government decision-making and the exercise of the freedoms recognized under the Constitution and the law;” increased “effectiveness of the control exercised by all citizens over the activity of state organs, elected representatives and public officials;” advancing “the promotion of the right to full equality; in the struggle against elements of discrimination based on the color of the skin and against women;” and  increasing “support to prevent and cope with manifestations of discrimination based on sexual orientation and gender identity.” He also mentioned increases in numbers of civil society organizations, and said defenders of human rights enjoy government recognition and support.

However, in Cuba, “the legal system cannot be infringed upon or subverted to satisfy a foreign agenda that calls for a change of regime, the constitutional order and the political system that Cubans have freely chosen.  Those who act this way are not worthy of being described as human rights defenders; they rather qualify as agents to the service of a foreign power, according to many western legislations. (Emphasis added.)

Cuba has continued to strengthen its cooperation with the UN mechanisms that take care of these issues. . . We have strictly complied with all  . . . 44 of the 61 international human rights instruments [into which we have entered.]”

“Cuba has continued to promote initiatives at the [U.N.] Human Rights Council and the Third Committee of the UN General Assembly, for the defense of human rights, including the rights to development and peace.  We have consistently opposed every attempt to politically manipulate said bodies; selectivity as well as double standards.”

Likewise, “huge efforts are being made, amid adverse financial conditions, to preserve the purchasing power of salaries and pensions, improve access to food, adequate housing and public transportation, while preserving and even enhancing the quality of universal and free education and public health. No one will ever be left to his or her own fate in Cuba.”

“We cannot but mention our condition as a small island developing country, faced with an unfavorable international economic situation, characterized by the prevalence of irrational and unsustainable patterns of production and consumption; market regulations and non-transparent and less than democratic international financial institutions. Added to this are the adverse effects of climate change and the impact of natural disasters of high intensity on our economy.  Substantial resources should be invested to cope with them. (Emphasis added.)

“The strengthening of the economic, commercial and financial blockade imposed by the United States against Cuba and its extraterritorial implementation causes deprivations and continue to be the main obstacle to the economic and social development of the country.  This unjust policy, which has been rejected by the international community, violates the purposes and principles of the UN Charter and International Law and represents a flagrant, massive and systematic violation of the human rights of our people, thus qualifying as an act of genocide under the Convention for the Prevention and Punishment of the Crime of Genocide of 1948.” (Emphasis added.)

“We demand the return of the territory usurped by the US Naval Base in Guantánamo, where the United States maintains a detention camp in which serious human rights violations and acts of torture are committed.”(Emphasis added.)

“The political and media campaigns against Cuba, which distort our reality, intend to discredit our country and conceal Cuba’s undeniable human rights achievements.“ Emphasis added.)

We are opened to dialogue and will offer all the necessary information based on the respect and objectivity that should characterize this exercise, in which there should be no double standards or politically motivated manipulations, which we will not accept, because, as was expressed by the President of the Council of State and Ministers, Comrade Miguel Díaz-Canel Bermúdez on April 19, “there is no room for a transition that ignores or destroys the legacy of so many years of struggle.  In Cuba, by the decision of the people, there is only room for the continuity of that legacy with the Revolution and the founding generation, without giving up to pressures, without fear and setbacks, always defending our truths and reasons, without ever renouncing sovereignty and independence, development programs and our own dreams.” (Emphasis added.)

Other Countries Comments and Recommendations[3]

During the hearing a total of 339 recommendations, many of which are repetitious, were made. Many countries, especially those friendly with Cuba like Russia and China and developing countries, made no recommendations at all. Others were more critical: members of the European Union (EU), United States, Japan, Canada, but also Mexico, Peru, Costa Rica, Brazil, Chile and Uruguay. Gabriel Salvia, the General Director of the Center for the Opening and Development of Latin America, said, “It is a great step forward for more Latin American countries to point out the human rights situation in Cuba,”

Near the end of this section of the hearing, the U.S.’ 50-seconds were the sharpest against Cuba.[4] Michele Roulbet, the U.S. delegate, said:

  • “The April presidential transition again robbed the Cuban people of any real choice in shaping their country’s future; the same actors are in charge, many just with different titles, selected in a process that was neither free nor fair. The government stacked the system against independent candidates, none of whom were able to run for seats in the National Assembly, which selected the president.”
  • “The Cuban government continues to criminalize independent civil society and severely restricts the freedoms of expression, association, religion or belief and the right of peaceful assembly.  It routinely applies laws to silence journalists and critics, and punishes those working to expand access to information and freedom of expression for those in Cuba.”
  • In an “attempt to silence opposition voices, the government reportedly continues to use arbitrary and politically motivated detentions, torture, harassment, and travel prohibitions.  Recent examples of this include those who attempted to monitor the undemocratic presidential transition; those who have advocated for political change; and those who were prevented from participating in the 2018 Summit of the Americas in Lima and this UPR process.”

The U.S. then made the following three recommendations to Cuba: (1) “Reform its one-party system to allow for genuinely free and fair multi-party elections that provide citizens with real choices [regarding their government. “(2) “Cease the practice of arbitrarily detaining journalists, opposition members, and human rights defenders, including preemptively, and adopt a legal framework that ensures judicial independence.” (3) “Release arbitrarily detained or imprisoned individuals who were detained and imprisoned for peaceful assembly, investigate and report on government activity, or express political dissent, and allow them to travel freely both domestically and internationally.”

About midway through this section, Cuba responded to some of the criticisms. It denied the existence of political prisoners in Cuba, restrictions on the right to strike, or even the obstacles to travel freely, while insisting on the independence of the justice system. Cuban. Foreign Minister Bruno Rodríguez described the alleged dissidents and human rights activists as “agents of a foreign power,” a regular practice of the regime to attempt to discredit opponents.

Cuba’s Closing Comments[5]

Foreign Minister Rodriguez in his final statement at the hearing said, “It is regrettable that certain countries are continuing to manipulate the human rights question for political ends, to justify the embargo on Cuba and ‘regime change.’ hey have no moral authority and on the contrary are the perpetrators of extensive, well documented and unpunished violations of human rights; they ride roughshod over the aims of the Universal Periodic Examination and persist in selectivity, double standards and the politicization of human rights.” (Emphasis added.)

These practices, which in recent years have started to reemerge, discredited the [former U.N.] Commission on Human Rights and prompted its replacement by this Council. We will be on a retrograde path if we allow such deviant practices to be consolidated in the Council’s work. Respectful dialogue reflecting the principles of objectivity, impartiality and non-selectivity; and the respect for each people’s self-determination, its right to decide its own political, economic, social and cultural system, and its development model, are the cornerstone of international cooperation in this area.” (emphasis added.)

A small number of the recommendations have an interventionist character, contrary to the spirit of cooperation and respect on which this exercise is based. One of the recommendations is strange: it is the United States which is prohibiting its citizens from travelling to Cuba and restricts their freedom to travel; it is Washington which is denying Cubans, Cuban families, consular services and visa issue at its embassy in Havana.” [These recommendations will be rejected.] (Emphasis added.)

We are keeping to our “socialist and democratic revolution, with the humble and for the humble” proclaimed by Commander-In-Chief Fidel Castro and inspired by José Martí’s brotherly formula: “With everyone and for the benefit of everyone”.

U.S.-Cuba Subsequent Conflict Over Cuba’s UPR[6]

Immediately after the Geneva hearing, from the U.S. Mission to the U.N. in New York City,  U.S. Ambassador to the U.N., Nikki Haley, issued a statement. It said that the UPR process expects countries “to allow independent civil society organizations to fully and freely participate in their UPR process. However, the Cuban government blocked independent Cuban civil society members from traveling to Geneva to participate in their review process, just as they did last month when they blocked Cuban civil society members from traveling to Peru to participate in the Summit of the Americas.” (Emphasis added.)

Ambassador Haley added, “A country with a human rights record as abysmal as Cuba’s is no stranger to silencing its critics. But the Cuban government can’t silence the United States. We will continue to stand up for the Cuban people and get loud when the Cuban government deprives its people of their human rights and fundamental freedoms and robs them of free, fair, and competitive elections, denying them the opportunity to shape their country’s future.” (Emphasis added.)

Meanwhile the live webcast of the hearing was watched in Miami by some Cuban-Americans, who were gathered at the headquarters of the Cuban Democratic Directorate, whose website says, “Since its inception in 1990, the Cuban Democratic Directorate  has been characterized by a consistent and cohesive strategy for liberty and democracy in Cuba.” The Miami-based Foundation for Human Rights in Cuba, which was established in 1992 “to promote a nonviolent transition to a free and democratic Cuba with zero tolerance for human rights violations,” complained that Cuba had flooded the Office of the U.N. High Commissioner for Human Rights with letters sent by Communist Party organizations, the Cuban Women’s Federation and other organizations affiliated with the government that contained “absurd praise about the Cuban system.”

Remaining Steps in Cuba’s UPR[7]

Following the UPR hearing,  Cuba this September will submit a formal response to the recommendations, and the Working Group then will prepare a draft of the Outcomes Report. This report will provide a summary of the actual discussion, including the questions, comments and recommendations made by States to Cuba, as well as the responses by the Cuban Government.

Such outcome reports are not all that illuminating. For example, the one for Cuba’s prior review in 2013, which probably will be a lot like the one forthcoming for this latest review,[8] contains a summary of the hearing–presentation by Cuba (para. 5-26), interactive dialogue and responses by Cuba (paras. 27-169)—and a mere sequential listing of the repetitive recommendations made by the states at the hearing (paras. 170.1-170.291) although there also is an integrated more useful 45-page “thematic matrix of the recommendations.”

Another document from 2013 set forth Cuba’s views on these conclusions and recommendations and its voluntary commitments. It  listed many recommendations that “enjoy the support of the Government of Cuba;” others that have been noted by the Government; and the following 20 that  did “not enjoy the support of the Government:”

No. Country Recommendation
170.136 Belgium Adopt legislation to improve immigration & relations with Cuban diaspora
170.139 Belgium, Czech Repub., Slovenia Implement legal safeguards to protect human rights defenders, journalists, against abuse of provisions for criminal prosecution & release all political prisoners
179.162 Belgium Amend the Law of Criminal Procedure in order to avoid the cases of indefinite extension of the preliminary investigation
170.171 Romania, Estonia & Hungary Remove restrictions on freedom of expression notably concerning the connection to the Internet; Reconsider all laws that criminalize or restrict the right to freedom of expression & right of internet freedom; Lift restrictions on rights to freedom of expression that are not in accordance with the Universal Declaration of Human Rights; ensure affordable & unhindered access to the internet for all.
179.172 Spain Allow freedoms of expression, association &assembly; allow human rights associations to obtain legal status through inclusive and official registration
170.173 Switzerland Lift restrictions hindering free expression & ensure that human rights defenders & independent journalists are not victims of intimidations or arbitrary prosecutions & detentions
170.174 U.K. & Northern Ireland End measures to restrict freedom of expression & assembly including short-term detentions and use of criminal charges such as “precriminal social dangerousness”, “contempt” and “resistance”
170.175 Ireland Repeal legislation relating to so-called “pre-criminal social dangerousness”
170.176 U.S.A. Eliminate or cease enforcing laws impeding freedom of expression
170.177 France Guarantee freedom of expression & peaceful assembly plus free activity of human rights defenders, independent journalists & political opponents
170.179 Canada Take further measures to improve freedom of expression by allowing for independent media &  improving access to information through public access to internet by taking advantage of the recent investment in the fiber optic network
170.182 Austria Guarantee free, free & independent environment for journalists and ensure that all cases of attacks against them are investigated by independent & impartial bodies
170.183 Netherlands End repression, investigate acts of repudiation & protect all persons who are targets of intimidation or violence
170.184 Poland Liberate immediately & unconditionally all prisoners held in temporary detention or sentenced in connection with exercising their freedom of opinion & expression as well as freedom of assembly & association
170.187 U.S.A. Release Alan Gross and imprisoned journalists such as Jose Antonio Torres immediately. [Gross was released on 12/17/14]
170.188 Australia Stop limitations on civil society activities, including short-term detention of political activists
170,189 Germany Stop harassment, intimidation & arbitrary detention of human rights activities
179.190 Hungary Stop short-term detentions, harassments & other repressive measures against human rights defenders & journalists. Implement legal safeguards to ensure their protection against abuse of provisions for criminal prosecution
170.192 Australia Reduce government influence & control over internet as part of a broader commitment to freedom of expression
170.193 Germany End online censorship

 

The report finally has to be adopted at a plenary session of the Human Rights Council. During the plenary session, the State under review can reply to questions and issues that were not sufficiently addressed during the Working Group and respond to recommendations that were raised by States during the review. Time is also allotted to member and observer States who may wish to express their opinion on the outcome of the review and for stakeholders to make general comments.

Conclusion

After the final adoption of the Outcomes Report, the Council has no authority or power to compel Cuba to do anything. Instead, Cuba “has the primary responsibility to implement the recommendations contained in the final outcome.”

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[1] See these posts to dwkcommentaries.com: Cuba’s Human Rights Record Being Subjected to Universal Periodic Review by U.N. Human Rights Council (April 30, 2018); Advance Questions for Cuba’s Universal Periodic Review by the U.N. Human Rights Council (May 11, 2018).

[2] Cuba Foreign Ministry, Cuba will continue to build an ever freer, more democratic, just and fraternal society (May 16, 2018).

[3] ‘It is a great step forward for more Latin American countries to point out the human rights situation in Cuba,’ Diario de Cuba (May 16, 2018); Cuba Foreign Ministry, Cuba reiterates its commitment to cooperate with the UN human rights system (May 16, 2018); Havana warns that it will reject the recommendations of the UN with criticism of its ‘constitutional order,’ Diario de Cuba (May 18, 2018).

[4] U.S. Mission to U.N. (Geneva), U.S. Statement at the Universal Periodic Review of Cuba (May 16, 2018).

[5]  Cuba Foreign Ministry, Cuba reiterates its commitment to cooperate with the UN human rights system (May 18, 2018); Havana warns that it will reject the recommendations of the UN with criticism of its ‘constitutional order,’ Diario de Cuba (May 18, 2018).

[6] U.S. Mission to U.N., Press Release: Ambassador Haley on Cuba’s Human Rights Record (May 16, 2018).

[7] U.N. Hum. Rts. Council, Basic facts about the UPR.

[8] U.N. Hum. Rts.  Council, Report of the Working Group on the Universal Periodic Review: Cuba (July 8, 2013); U.N. Hum. Rts. Council, Report of the Working Group on the Universal Periodic Review: Cuba: Addendum: Views on conclusions and recommendations, voluntary commitments and replies presented by the State under review (Sept. 2013); U.N. Human Rts. Council, Matrix of recommendations.

 

Upcoming Cuba Issues for Trump Administration

On April 13-14, President Donald Trump will attend the Summit of the Americas in Lima, Peru, and on April 19 Cuba’s national legislature will elect a new President of the Council of State to succeed Raúl Castro. Both of these events will require Trump to comment on U.S. policies regarding Cuba, and already U.S. forces are proposing responses.

 Summit of the Americas

Because of U.S. opposition, Cuba was not included in the first six such summits, 1994-2012, but in October 2014, the major countries of Latin America let it be known that Cuba no longer could be excluded from the next summit in April 2015. Therefore, when President Obama on December 17, 2014, announced that the U.S. and Cuba had agreed to commence a process of normalization, the U.S. abandoned its opposition to the inclusion of Cuba in such Summits. As a result, in April 2015 Cuba was included in the seventh such summit in Panama and Presidents Obama and Raúl Castro held a cordial meeting on that occasion.[1]

This year will be the eighth such summit, which are institutionalized gatherings of the heads of state and government of the Western Hemisphere where leaders discuss common policy issues, affirm shared values and commit to concerted actions at the national and regional level to address continuing and new challenges faced in the Americas. This year’s theme is Democratic Governance Against Corruption.[2]

On March 9, the White House announced that President Trump will attend the eighth Summit, where he likely will be met by hostile reactions to his Cuba policies as well as his anti-immigrant statements, proposal to build a wall on the Mexican border and tariff and other anti-free trade proposals and rhetoric.[3]

According to Ben Raderstorf, a program associate in the Inter-American Dialogue’s Peter D. Bell Rule of Law program, President Trump “comes to the summit meeting with considerable baggage, making the risks far greater. His participation may even end up being counterproductive to the meeting’s primary aims of furthering human rights, democracy and inter-American diplomacy.” Therefore, he and his administration need “to understand that America’s credibility in Latin America is extraordinarily low. [Mr. Trump’s] rhetoric about ‘drugs,’ ‘rapists’ and ‘the wall” ‘has clearly resonated south of the border.” As a result, only “16 percent of Latin Americans approve of Mr. Trump’s job performance — a rate even lower than his approval rating among Latinos in the United States.”[4]

Mr. Raderstorf concludes by recommending that Trump “follow three simple guidelines: Listen first. Talk softly. And do your homework.” Will Trump be able to do that? We may be doubtful, but let us wait and find out.

This analysis is confirmed by other countries in the Western Hemisphere having begun “forging closer commercial ties with one another and paring back some of their own protectionist policies” and creating “a free trade area reaching from Canada to Chile.” At the same time these governments “are increasingly looking to Asia, and China in particular, to expand trade, obtain loans and finance infrastructure projects” while “Mercosur — the trade bloc that includes Brazil, Argentina, Uruguay and Paraguay — have jump-started trade negotiations with the European Union.”[5]

Election of New President of Cuba

On March 11, over 8 million Cubans voted to elect 605 deputies for their national legislature (National Assembly of Peoples Power), and on April 19 those deputies will elected the country’s next President of the Council of State to succeed Raúl Castro. The widely assumed choice for this office is Miguel Diaz-Canel, who is now the First Vice President of Cuba.[6]

On March 9, Senator Marco Rubio (Rep., FL) and five Florida Republican U.S. Representatives (Ron DeSantis, Carlos Curbelo, Mario Diaz-Balart, Ileana Ros-Lehtinen and Ted Yoho) sent a letter to President Trump urging him to “denounce Castro’s successor as illegitimate in the absence of free, fair, and multiparty elections, and call upon the international community to support the right of the Cuban people to decide their future.”[7]

The letter added, this upcoming election is “a predetermined, charade election orchestrated by regime officials will continue the dictatorship” and “yet another example of the regime’s dictatorial repression of fundamental freedoms which must not be recognized by those who value freedom and democracy.”

The U.S. response to this request by Senator Rubio and others may have been signaled by the comments of the U.S. representative last week at the U.N. Human Rights Council in Geneva Switzerland that were quoted in a prior post: “We condemn the undemocratic electoral process in which the Cuban people cannot freely choose their future leaders.”

Conclusion

Any U.S. criticism of the Cuban process for electing its president of the Council of State seems particularly inappropriate. As we well know from the 2016 U.S. presidential election, U.S. citizens do not directly elect the U.S. president; instead they elect individuals to be members of the Electoral College who then elect the president. The 2016 election also is now under investigation for illegal interference by Russia, and the U.S. system is under constant legal challenge for the gerrymandering of congressional districts and for state laws that are designed to suppress voting instead of their purported purpose of preventing fraudulent voting.

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[1] See the following posts to dwkcommentaries.com: Continued Bad News About U.S. Policies Regarding Cuba (Oct. 9, 2014); Comment: U.S. Now Willing To Accept Cuba at Summit of the Americas? (Oct. 9, 2014); U.S. Clarifies Positions on Cuba and Venezuela in Preparation for Summit of the Americas (April 8, 2015); Seventh Summit of the Americas Is Underway in Panama (April 9, 2015); President Obama’s Major Speech at the Summit of the Americas (April 16, 2015); Cuban President Raúl Castro’s Major Speech at the Summit of the Americas (April 17, 2015); Presidents Obama and Castro’s Meeting at the Summit of the Americas (April 18, 2015); Other Remarks by President Obama at the Seventh Summit of the Americas (April 19, 2015).

[2] OAS, Summits of the Americas.

[3] Assoc. Press, Trump to Attend Summit of the Americas Meeting in Peru, N.Y. Times (Mar. 9, 2018).

[4] Raderstorf, Can Trump Succeed at the Summit of the Americas?, N.Y. Times (Mar. 16, 2018).

[5] Londoño, Darlington & Politi, ‘World Upside Down’: As Trump Pushes Tariffs, Latin America Links Up, N.Y. Times (Mar. 18, 2018).

[6] Reinaldo, Rubio & Perez, Elections in Cuba: Elected 605 deputies to the National Assembly (+Infographics and Video), CubaDebate (Mar. 12, 2018); Cuba’s Elections, 2017-2018, dwkcommentaries.com (Nov. 29, 2017); Another Perspective on Cuba’s Current Elections, dwkcommentaries.com (Dec. 5, 2017).

[7] Press Release, Rubio, DeSantis Urge President Trump to Denounce Castro Successor (Mar. 9, 2018).

 

 

U.N. Security Council Orders More Negotiations About the Western Sahara Conflict

Disputes over the Western Sahara, a former Spanish colony, have followed its 1975 annexation by Morocco in opposition to competing claims by the Polisario Front. In 1991 the U.N. brokered a cease-fire and established a peacekeeping monitoring mission and to help prepare a referendum on the territory’s future that has never taken place. So far the parties have been unable to agree upon how to decide on self-determination. Morocco wants an autonomy plan under Moroccan sovereignty while Polisario wants a U.N.-backed referendum including on the question of independence. Below is a map of the Western Sahara.

Western_sahara_map_showing_morocco_and_polisaro.gif

On April 28, 2017, the U.N. Security Council unanimously adopted Resolution 2351 extending the mandate of the U.N. Mission for the Referendum in Western Sahara (MINURSO) until 30 April 2018 and calling on the parties to that conflict to resume negotiations under the auspices of the Secretary-General without preconditions and in good faith, in order to facilitate a just, lasting and mutually acceptable political solution.[1]

Other provisions of the resolution called on the parties to cooperate fully with the operations of MINURSO, to take the necessary steps to ensure unhindered movement for U.N. and associated personnel in carrying out their mandate, to demonstrate the political will to work in an atmosphere propitious for dialogue in order to resume negotiations, to implement the relevant Security Council resolutions, to resume cooperation with the Office of the U.N. High Commissioner for Refugees, to ensure that the humanitarian needs of refugees were adequately addressed.  It also supported an increase in the ratio of medical personnel within the current uniformed authorization, as requested in the Secretary-General’s most recent report to address MINURSO’s severely overstretched medical capacity. Yet another part of the resolution noted that both sides had withdrawn troops from the Guerguerat area of the territory, a vast swath of desert bordering the Atlantic Ocean that has been contested since 1975.

In support of the resolution, U.S. Deputy Permanent Representative to the United Nations, Ambassador Michele Sisson, emphasized hat peacekeeping missions should support political solutions, said that postponing the [referendum] had been the key to allowing MINURSO to close out the 2016 chapter in the territory.  The U.S. was pleased with the mandate renewal, which helped in returning the Council’s attention where it belonged — supporting a political process to resolve the situation on the ground.  Emphasizing that the situation must change, she said the Council must look at the “big picture” in Western Sahara, including the absence of any political process for many years, she said.  The resolution demonstrated the importance of the parties working with the U.N. to return to the table.  The Mission must be able to hire the right staff in order to be as effective as possible, and to adjust components that were not working, as well as they should.  The U.S. would watch closely to see what happened on the ground, she said.

Also speaking in support of the resolution were the other Security Council members: Uruguay, Sweden, Senegal, Ethiopia, China, France, United Kingdom, Italy, Bolivia, Japan, Ukraine and the Russian Federation.

Although the resolution was passed unanimously, France, a permanent Council member, backs Morocco, its former colony, while Polisario has been supported by some non-permanent council members and by South Africa.

Afterwards Morocco’s foreign ministry said the kingdom was satisfied with the resolution and hoped for a “real process” toward a solution, which it said should be on its autonomy initiative. Morocco also called for neighboring Mauritania and Algeria, the latter of which backs Polisario and maintains tense relations with Morocco, to be involved in negotiations. Algeria, on the other hand, called the resolution a victory for the Sahrawi cause that put the process “back on track.”

Morocco recently has made at least two diplomatic moves that may be related to enhancing its position in such negotiations.

First, on January 31, 2017, the African Union (AU) at its Summit, 39 to 9, approved Morocco’s request for readmission after having left the AU in 1984 in response to a majority of its members recognizing the disputed territory in the Western Sahara.

Morocco’s King Mohammed VI in his speech at this year’s AU Summit emphasized “how indispensable Africa is to Morocco and how indispensable Morocco is to Africa.” As evidence he mentioned that “since 2000, Morocco has [signed] nearly a thousand agreements with African countries, in various fields of cooperation,” including providing scholarships for Africans to attend Moroccan universities, launching the African Atlantic Gas Pipeline, creating a regional electricity market, constructing fertilizer production plants, creating the Adaptation of African Agriculture program to respond to climate change. These actions, he asserted, demonstrated Morocco’s “commitment to the development and prosperity of African citizens, [who] have the means and the genius; [so that] together, we can fulfill the aspirations of our peoples.”

This readmission, say analysts, also enhances Morocco’s status in upcoming negotiations over the Western Sahara although the King did not mention this in his speech. Instead, he made a modest allusion to this conflict when he said, “We know that we do not have unanimous backing from this prestigious assembly. Far be it from us to spark off a sterile debate! We have absolutely no intention of causing division, as some would like to insinuate!”[2]

The other diplomatic move that can be seen as an attempt to soften resistance towards Morocco’s position in negotiations over the Western Sahara was its re-establishment of diplomatic relations with Cuba, as discussed in a prior post.

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[1] U.N. Security Council, Press Release: Security Council Extends Mandate of United Nations Mission (April 28, 2017); U.S. Mission to the U.N., Ambassador Sisson Remarks at the Adoption of UN Security Council Resolution 2351 on the [U.N.] Mission for the Referendum in Western Sahara (MINURSO) (April 28, 2017); U.N. Security Council, Press Release: Secretary-General Welcomes Withdrawal of Moroccan, Frente Polisario Elements from Western Sahara’s Guerguerat Area, Urging Adherence to Cease Fire (Apr. 28, 2017); Reuters, U.N. Security Council Backs New Western Sahara Talks Push, N.Y. Times (Apr. 29, 2017); Assoc. Press, UN Council Backs New Effort to End Western Sahara Conflict, N.Y. Times (Apr. 28, 2017).

[2] Quinn, Morocco rejoins African Union after more than 30 years, Guardian (Jan. 31, 2017); Morocco Ministry of Foreign Affairs, His Majesty the King delivers a speech at the 28th Summit of the African Union (AU) in Addis Ababa (Jan. 31, 2017); Abubeker, Why Has Morocco Rejoined the African Union After 33 Years, Newsweek Feb. 2, 2017).

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).

Cuba and Nine Other Countries Reject Accreditation of Free Press Group To Participate in U.N. Meetings 

On May 26, a United Nations committee rejected, 10 to 6, an application for accreditation to attend U.N. meetings from the Committee to Protect Journalists (CPJ), an international, independent group that monitors attacks on journalists around the world and campaigns for the release of those who are jailed.[1]

The 10 negative votes came from Cuba along with Azerbaijan, Burundi, China, Nicaragua, Pakistan, Russia, South Africa, Sudan and Venezuela. The yes votes came from Greece, Guinea, Israel, Mauritania, the United States and Uruguay. The abstentions were by India, Iran and Turkey, the latter two having reputations for persecuting journalists.

At the committee meeting U.S. Ambassador Sarah Mendelson made a lengthy statement advocating accreditation for CPJ, which, she said, is “a reputable non-governmental organization that promotes press freedom worldwide and defends the right of journalists to report the news without fear of reprisal.” Such a group has shown that “a free press remains a critical foundation for prosperous, open, and secure societies, allowing citizens to access information and hold their governments accountable. Indeed, the Universal Declaration of Human Rights reiterates the fundamental principle that every person has the right ‘to seek, receive, and impart information and ideas through any media and regardless of frontiers.’”[2]

Afterwards the U.S. Ambassador to the U.N., Samantha Power, said, “It is increasingly clear that the NGO committee acts more and more like an anti-NGO committee.” She also said that the U.S. would appeal the committee’s decision to the full 54-member U.N. Economic and Social Council.

CPJ stated, “It is sad that the U.N., which has taken up the issue of press freedom through Security Council and General Assembly resolutions and through the adoption of the U.N. Action Plan, has denied accreditation to CPJ, which has deep and useful knowledge that could inform decision making. A small group of countries with poor press freedom records are using bureaucratic delaying tactics to sabotage and undermine any efforts that call their own abusive policies into high relief.”[3]

This April CPJ’s annual report ranked Cuba 10th on its list of the 10 Most Censored Countries. Key for this ranking was Cuba’s having “the most restricted climate for press freedom in the Americas. The print and broadcast media are wholly controlled by the one-party Communist state, which has been in power for more than half a century and, by law, must be ‘in accordance with the goals of the socialist society.'” In addition, CPJ stated, “The government continues to target critical journalists through harassment, surveillance, and short-term detentions.”[4]

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[1] Sengupta, Press Freedom Group’s Application for U.N. Accreditation is Rejected, N.Y. Times (May 26, 2016); Assoc. Press, UN Committee Denies Credentials to Press Freedom Group, N.Y. Times (May 26, 2016); Reuters, U.N. Panel Rejects Press Freedom Watchdog Accreditation Request, N.Y. Times (May 26, 2016).

[2] Mendelson, Remarks at the UN Committee on Non-Governmental Organizations Regarding the Accreditation of the Committee to Protect Journalists, U.S. Mission to the U.N. (May 26, 2016).

[3] CPJ, CPJ denied ECOSOC consultative status after vote in UN NGO Committee (May 26, 2016).

[4] Cuba Gets Low Marks on Press Freedom from Committee to Protect Journalists, dwkcommentaries.com (April 18, 2016).

New York Times Reiterates Call for Ending U.S. Designation of Cuba as a “State Sponsor of Terrorism”

On December 15th a New York Times editorial, “Cuba’s Economy at a Crossroads,” called for the U.S. to end its designation of Cuba as a “State Sponsor of Terrorism.” This recommendation first was made on October 11th in the Times’ initial editorial in its series “Cuba: A New Start.”

Summary of the Editorial

Now, however, ending the designation is seen as a way the U.S. could assist a struggling Cuban economy. Surprisingly this editorial does not mention ending the U.S. embargo of the island as another, and more important, way the Cuban economy could be aided by the U.S. Instead the Times makes a vague suggestion of the U.S.’ “relaxing sanctions through executive authority and working with the growing number of lawmakers who want to expand business with Cuba.”

Most of the editorial is devoted to discussing the many problems of the Cuban economy.

The 1959 Cuban Revolution’s “[c]ommunism brought an ever more anemic and backward economy, one propped up largely by Moscow. But after the Soviet Union collapsed in 1991, so did Cuba’s economy.” After that collapse, Cuba found Venezuela as a “new benefactor” that provided “heavily subsidized oil” to the island, but now that country’s “worsening economic and political crisis” threatens that subsidy.

Low wages and poor prospects have forced many Cubans to leave the island “in recent years in search of a better life.” This could be accelerated by the elimination of the country’s two-currency system, which the government plans to do.

“The country’s birthrate is declining, while its elderly are living longer.” Couple these facts with the exodus of working-age citizens presents Cuba with an enormous demographic challenge.

“The agricultural sector remains stymied by outdated technology and byzantine policies. A foreign investment law Cuba’s National Assembly approved in March has yet to deliver a single deal.”

Cuba’s leaders have adopted various measures to reform the economy, but the “pace [of economic reform] has been halting, with plenty of backtracking from the government’s old guard.”

Yet these reforms have created a “small but growing entrepreneurial class.” All of them “struggle with the [Cuban] bureaucracy, since they are unable to import legally items as basic as mattresses and pillows. Bringing items from the United States is onerous and complicated by American sanctions.” Changes in U.S. policies could make “it easier for Americans to provide start up-capital for independent small businesses. Doing that would empower Cuban-Americans to play a more robust role in the island’s economic transformation. More significantly, it would gradually erode the Cuban government’s ability to blame Washington for the shortcomings of an economy that is failing its citizens largely as a result of its own policies.”

Continuing U.S. antagonism, on the other hand, “is only helping the old guard.”

Reactions

I concur in the Times’ call for ending the U.S. designation of Cuba as a “State Sponsor of Terrorism.” It is an unfounded, stupid, absurd action that is only counter-productive as has been argued in posts in 2010, 2011, 2012 (with supplement), 2013 and 2014.

But I do not see ending this policy as the linchpin for the U.S.’ helping the Cuban economy. Instead it is ending the embargo, which the Times on October 11th recommended, but which is not mentioned in the latest editorial.

Moreover, I think the latest editorial understates the troubled state of the Cuban economy even though a prior post expressed optimism about Cuba’s attracting $8.0 billion of foreign investment for the Mariel port’s industrial park now under construction. Further reflection raises the following points that question that optimism:

  • First, the Cuban economy by itself is obviously unable to afford to purchase the many commodities that presumably will be unloaded from the new super-container ships that will be able to cross the expanded Panama Canal.
  • Second, for the commodities to go elsewhere will require the unloading of the super-container ships at Mariel and then reloading those commodities in smaller container vessels to go to the major countries on the northern and eastern sides of the South American continent: Venezuela, Brazil, Argentina, Uruguay and Paraguay. How big are those markets?
  • Third, presumably the major Latin American countries with coasts on the Pacific Ocean like Mexico, El Salvador, Costa Rica, Colombia, Ecuador, Peru and Chile will not be markets for commodities transshipped from Mariel.
  • Fourth, unless there is U.S.-Cuba reconciliation, the largest potential market for such transshipment, the U.S., presumably would not be importing commodities from the Mariel port.

Similar skepticism about Cuba’s ability to attract foreign investment for other reasons have been voiced by foreign investment experts. The Inter-American Dialogue, which is the leading U.S. center for policy analysis, exchange, and communication on Western Hemisphere affairs, has provided the following four such skeptics.

Matthew Aho, consultant in the corporate practice group of Akerman Senterfitt in New York, said, “While the [Cuban] rhetorical message was positive: ‘Cuba is open for business,’ little has changed to improve Cuba’s general investment climate, and foreign companies there report few changes to their dealings with Cuban counterparts. In fact, many businesses say the same bottlenecks, delays and idiosyncrasies that have long frustrated investors have been exacerbated recently by growing wariness among major banks to handle legitimate Cuba-related transactions.” He added, “While Cuba clearly has potential, most mainstream investors will steer clear until the Cubans define clearer rules of the road and improve their track record with new and existing partners.”

According to José R. Cárdenas, director of Visión Américas in Washington, “Eight billion dollars is a wildly exaggerated figure that Cuba has no chance of ever realizing. [Foreign investors] demand such things as transparency, legal guarantees and predictability, which the Cuban government is incapable of providing. Witness the widely publicized ordeals of Canadian businessman Cy Tokmakjian and Englishman Stephen Purvis, among others, who wound up in incarcerated in Cuba’s Kafkaesque legal system for unclear reasons. There may as well be a ring of flashing red lights surrounding the island warning foreign investors of the exorbitant risks to doing business in Cuba. . . . Any progressing economy needs the freedom to innovate, take risks and guarantee that one will reap the benefits of their efforts. Cuba, like China, cannot ultimately offer such conditions. As long as the primacy of the Communist Party remains the Cuban lodestar, the country will continue to head into an uncertain future.”

Scott J. Morgenstern, associate professor and director of the Center for Latin American Studies at the University of Pittsburgh also was skeptical. He said, “Cuba must create new opportunities for private employment. Thus, while the reforms are making some investment possible, investors will not find wide-open markets and streamlined bureaucratic procedures. In many areas, there are severe limits concerning where people can invest and the types of businesses they can open. Currency convertibility will also be a critical issue for any business; currently there are two currencies, only one of which is convertible. Foreigners, formally, are only allowed to use the convertible currency, and the official exchange rates distort the currency values. Reforms are promised, but the uncertainty will likely discourage some investors. One other important concern for investors is the size of the Cuban domestic market. The country is attracting several million tourists per year, and many Cubans do receive financial support from abroad, but purchasing power is still limited.”

Carlos A. Saladrigas, chairman of the Cuba Study Group and Regis HR Group offered these comments. “Cuba’s economic reforms so far have been too little, too late and too timid to result in significant economic performance . . . . [Cuba’s] continuing economic mismanagement, the numerous distortions in Cuba’s economic and political systems, a stubborn ideology, an obtuse and weighty bureaucracy and the fears of change harbored by Cuba’s leaders all play even more heavily in keeping Cuba’s economy from reaching its full potential. Cuban leaders continue to expect ‘silver bullet solutions’ to their economic woes. The port of Mariel is a perfect example. Pinning hopes of an economic recovery on mega-projects or a few foreign investments take attention away from the core distortions and inefficiencies plaguing the entire domestic economy. Fear of change and ideological rigidity can be clearly seen in Cuba’s eight-month-old foreign investment law. Since the law was passed, Cuban authorities still don’t have any significant major investment projects to report. The foreign investment law was a great missed opportunity to really send a message to the world, and specifically to the United States, that Cuba is ready for business. Such a message would have added great momentum to the anti-embargo movement, which is building momentum in the United States and in Miami. Yet, they chose more of the same, leaving arbitrariness, lack of clarity and burdensome regulations.”

Similar skeptical opinions about the Cuban efforts to develop the Mariel port were expressed by Richard Feinberg, the Brookings Institution’s Nonresident Senior Fellow, Foreign Policy, Latin American Initiative. He said, “the industrial sites are not yet fully leveled nor are they hooked up to basic infrastructure! But the problems run much deeper: previous Cuban efforts to launch free trade zones floundered on the requirement of hiring expensive labor through government employment agencies, and the continuing closure of the most logical export market, the nearby [U.S.]. Cuba’s newly revised foreign investment laws appear to allow investors greater flexibility in setting wage scales, but this potentially promising reform, and its impact on labor costs, remains to be fully tested in practice.”

Finally, Miguel Coyula, a retired Cuban government official on a trip to Washington before returning home to the island, stated ““Mariel is the most promoted place in Cuba, with special development zones for investors. But soon it’ll be a year after the opening of Mariel, and there is absolutely nothing. Even the container terminal in Havana was moved to Mariel to give it a sense of activity, but no one will invest there. For one thing, potential foreign investors in Mariel don’t like the fact that they can’t hire employees on their own, but instead must pay a government employment agency in dollars for that labor. The agency, in turn, pays workers in Cuban pesos. That’s because the Castro government wants to avoid creating a class of highly paid Cubans who work for foreign companies, ‘but inequalities are there whether you like it or not.’”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

U.N. General Assembly Again Condemns U.S. Embargo of Cuba

U.N. General Assembly Voting Results Screen
U.N. General Assembly   Voting Results Screen

On October 28, 2014, the U.N. General Assembly by a vote of 188 to 2 again condemned the U.S. embargo of Cuba. The two negative votes were cast by the U.S. and by Israel while three small Pacific nations abstained–Marshall Islands, Micronesia and Palau. All the other U.N. members supported the resolution. [1]

 The Resolution

The resolution [A/69/L.4] reiterated the General Assembly’s “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 [‘the economic, commercial and financial embargo imposed by the [U.S.] against Cuba’ and the Helms-Burton Act], 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.”

The resolution also “again urges States that have and continue to apply such laws and measures [i.e., the U.S.] to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime.”

Cuba’s Statement Supporting the Resolution

Bruno Rodriguez Parrilla
Bruno Rodriguez Parrilla

Bruno Rodríguez Parrilla, the Cuban Minister for Foreign Affairs, introducing the resolution, said that in recent times “the economic, commercial and financial blockade imposed by the [U.S.] against Cuba had been tightened, and its extraterritorial implementation had also been strengthened through the imposition of unprecedented fines, totaling $11 billion against 38 banks . . . for carrying out transactions with Cuba and other countries.” In addition, Cuba’s “accumulated economic damages of the blockade totaled $1.1 trillion . . . [and] human damages were on the rise.”

Nevertheless, “Cuba had offered every possible form of assistance to the [U.S.] in the wake of disasters there, such as in the aftermath of the September 11, 2001 terrorist attacks. Cuba had never been a threat to the national security of the [U.S.].  Opinion polls showed that there was increasing support from all sectors of [U.S.] society for lifting the blockade.  Religious leaders had citied legitimate, indisputable ethical and humanitarian reasons.“

In addition, ”the blockade was harmful to . . . the [U.S.]. The ‘absurd and ridiculous’ inclusion of Cuba on the [U.S.] list of States that sponsored international terrorism redounded to the discredit of the [U.S.].  Cuba would never renounce its sovereignty or the path chosen by its people to build a more just, efficient, prosperous and sustainable socialism.”  Neither, he continued, would his Government “give up its quest for a different international order, nor cease in its struggle for ‘the equilibrium of the world.’”

Rodríguez also invited the U.S. government “to establish a mutually respectful relation, based on reciprocity. We can live and deal with each other in a civilized way, despite our differences.”

Other Countries’ Statements Supporting the Resolution [2]

The following Latin American countries voiced support for the resolution: Argentina (MERCOSUR [3]) (embargo was “morally unjustifiable” and violated “the spirit of multilateralism and was immoral, unjust and illegal”); Barbados (CARICOM [4]); Bolivia (Group of 77 [5] and China); Brazil (Group of 77 and CELAC [6]); Colombia; Costa Rica (CELAC)); Ecuador; El Salvador (Group of 77 and CARICOM); Mexico; Nicaragua; St. Vincent and the Grenadines (CARICOM, Non-Aligned Movement, [7] Group of 77 and CELAC); Uruguay; and Venezuela.

The African supporters of the resolution that spoke were Algeria (Non-Aligned Movement, Group of 77, Group of African States [8] and Organization of Islamic Cooperation [9]); Angola; Kenya (Group of 77, Non-Aligned Movement and African Group); Malawi (African Group); South Africa (Group of 77, Non-Aligned Movement and African Group); Sudan (Group of 77, Non-Aligned Movement and Organization of Islamic Cooperation); United Republic of Tanzania; Zambia (Non-Aligned Movement) and Zimbabwe (Non-Aligned Movement, Group of 77 and African Group).

From Asia and the Pacific were Belarus; China (Group of 77); Democratic People’s Republic of Korea (North Korea); Indonesia (Group of 77);  India (Group of 77 and Non-Aligned Movement); Iran (Non-Aligned Movement); Lao People’s Democratic Republic; Myanmar (Group of 77 and Non-Aligned Movement); Russian Federation; Solomon Islands; and Viet Nam (Non-Aligned Movement, Group of 77 and China).

Middle Eastern countries speaking in favor of the resolution were Egypt, Saudi Arabia (Organization of Islamic Cooperation); and Syria (Non-Aligned Movement, Group of 77 and China).

The sole European supporter of the resolution that spoke at the session was Italy (European Union [10]), which said the U.S.’ “extraterritorial legislation and unilateral administrative and judicial measures were negatively affecting European Union interests”).

U.S. Statement Opposing the Resolution

Although Israel voted against the resolution, it chose not to speak in support of its vote. Only the U.S. by Ambassador Ronald D. Godard, U.S. Senior Advisor for Western Hemisphere Affairs, tried to justify the negative vote.

Ronald D. Godard
Ronald D. Godard

Ambassador Godard said the U.S. “conducts its economic relationships with other countries in accordance with its national interests and its principles. Our sanctions toward Cuba are part of our overall effort to help the Cuban people freely exercise their human rights and fundamental freedoms, and determine their own future, consistent with the Universal Declaration of Human Rights and the democratic principles to which the United Nations itself is committed.”

Ambassador Godard also said, “the Cuban government uses this annual resolution in an attempt to shift blame for the island’s economic problems away from its own policy failures. The Cuban government now publicly recognizes that its economic woes are caused by the economic policies it has pursued for the last, past half-century. We note and welcome recent changes that reflect this acknowledgement, such as those that allow greater self-employment and liberalization of the real estate market. But the Cuban economy will not thrive until the Cuban government permits a free and fair labor market, fully empowers Cuban independent entrepreneurs, respects intellectual property rights, allows unfettered access to information via the Internet, opens its state monopolies to private competition and adopts the sound macro-economic policies that have contributed to the success of Cuba’s neighbors in Latin America.”

According to Ambassador Godard, the U.S. “remains a deep and abiding friend of the Cuban people. The Cuban people continue to receive as much as $2 billion per year in remittances and other private contributions from the [U.S.]. This support . . . was made possible . . . by U.S. policy choices. By the Cuban government’s own account, the [U.S.] is one of Cuba’s principal trading partners. In 2013, the [U.S.] exported approximately $359 million in agricultural products, medical devices, medicine and humanitarian items to Cuba. Far from restricting aid to the Cuban people, we are proud that the people of the [U.S.] and its companies are among the leading providers of humanitarian assistance to Cuba. All of this trade and assistance is conducted in conformity with our sanctions program, which is carefully calibrated to allow and encourage the provision of support to the Cuban people.”

Furthermore, the U.S. “places the highest priority on building and strengthening connections between the Cuban people and [our] people. U.S. travel, remittance, information exchange, humanitarian and people-to-people policies updated in 2009 and 2011 provide the Cuban people alternative sources of information, help them take advantage of limited opportunities for self-employment and private property and strengthen independent civil society. The hundreds of thousands of Americans who have sent remittances and traveled to the island, under categories of purposeful travel promoted by President Obama, remain the best ambassadors for our democratic ideals.”

Ambassador Godard continued, “[The U.S.] strongly supports the Cuban people’s desire to determine their own future, through the free flow of information to, from, and within Cuba. The right to receive and impart information and ideas through any media is set forth in Article 19 of the Universal Declaration of Human Rights. It is the Cuban government’s policies that continue to prevent enjoyment of this right. The Cuban government now claims to share our goal of helping the Cuban people access the Internet. Yet the Cuban government has failed to offer widespread access to the Internet through its high-speed cable with Venezuela.  Instead, it continues to impose barriers to information for the Cuban people while disingenuously blaming U.S. policy.”

“Moreover, the Cuban government continues to detain Alan Gross, a U.S. citizen who was sentenced to 15 years in prison for facilitating Internet access for Cuba’s small Jewish community. [[11]] The [U.S.] calls on Cuba to release Mr. Gross immediately, [[12]] allow unrestricted access to the Internet, and tear down the digital wall of censorship it has erected around the Cuban people.

 {T]his resolution only serves to distract from the real problems facing the Cuban people. . . . Though Cuba’s contributions to the fight against Ebola are laudable, they do not excuse or diminish the regime’s treatment of its own people. We encourage this world body to support the desires of the Cuban people to choose their own future. By doing so, it would truly advance the principles the United Nations Charter was founded upon, and the purposes for which the United Nations was created.”

Media Coverage of the Resolution and Debate

 U.S. media coverage of this important U.N. vote was almost non-existent. It was not mentioned in the “World” or “Americas” news sections of the New York Times, and only its “Opinion” section had a short article about the issue. It got no mention whatsoever in the Wall Street Journal. Not even the Miami Herald, which has a separate page for Cuba news, mentioned it. [13]

At 2:37 p.m. on October 28th the Associated Press published a release on the subject, and the Washington Post published it online while the StarTribune of Minneapolis/St. Paul picked it up the next day in its online, but not its print, edition.

Cuba’s state-owned newspaper, Granma, of course, headlined this vote while stating that the embargo has caused $1.1 trillion of damage to the Cuban economy and “incalculable human suffering.” Its article also emphasized that this was the 23rd consecutive such resolution with a table showing that the number of votes in favor of the resolutions has increased from 59 in 1992 to 188 in 2012-2014, that the largest number of votes against the resolutions was only 4 in 1993 and 2004-2007 and that the number of abstentions has decreased from 71 in 1992 to 1 in 2005-2007 and now 3 since 2010.

Conclusion

This overwhelming international opposition to the U.S. embargo in and of itself should be enough to cause the U.S. to end the embargo. Moreover, the embargo has not forced Cuba to come begging to the U.S. for anything that the U.S. wants. The U.S. policy is a failure. The New York Times recently called for abandonment of this policy as has this blog in urging reconciliation of the two countries, in an open letter to President Obama and in a rebuttal of the President’s asserted rationale for the embargo and other anti-Cuban policies.

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[1] This post is based upon the sources embedded above and upon U.N. General Assembly Press Release [GA/11574], As General Assembly Demands End to Cuba Blockade for Twenty-Thjrd Consecutive Year, Country’s Foreign Minister Cites Losses Exceeding $1 Trillion (Oct. 28, 2014); Londoño, On Cuban Embargo, It’s the U.S. and Israel Against the World, Again, N.Y. Times (Oct. 29, 2014); Associated Press, UN General Assembly Condemns US Cuba Embargo (Oct. 28, 2014); U.S. Dep’t of State, Explanation of Vote by Ambassador Ronald D. Godard on the Cuba Resolution in the General Assembly Hall (Oct. 28, 2014). The General Assembly also has videos of the debate (A and B). A prior post reviewed the 2011 General Assembly’s adoption of a similar resolution against the embargo.

[2] Many of the cited statements supporting the resolution were issued on behalf of, or aligned with, larger groups of nations as noted above. In addition, prior to the October 28th session of the General Assembly, the U.N. Secretary General submitted a report containing statements against the embargo from 154 states and 27 U.N. agencies.

[3] MERCOSUR (Southern Common Market) is a customs union and trading bloc of five South American countries with five other associate members in the continent.

[4] CARICOM (Caribbean Community) is a group of 15 Caribbean countries with five associate members for economic cooperation.

[5] The Group of 77 was established in 1964 by 77 developing countries to promote their collective economic interests and South-South cooperation; now there are 134 members that have retained the original name for historical significance.

[6] CELAC (Community of Latin American and Caribbean States) is a group of 33 states in the region to deepen economic integration and combat the influence of the U.S.

[7] The Non-Aligned Movement is a group of 115 developing countries that are not aligned with or against any major power bloc. Its current focus is advocacy of solutions to global economic and other problems

[8] The African Group is a group of 54 African states that are U.N. Members.

[9] The Organization of Islamic Cooperation is a group of 57 states that seek to protect the interests of the Muslim world in the spirit of promoting peace and harmony in the world.

[10] The European Union is a group of 28 European states that have combined for a peaceful, united and prosperous Europe.

[11] The activities in Cuba by Mr. Gross are not so simple. A Cuban court in 2011 found him guilty of participating in a “subversive project of the U.S. government that aimed to destroy the revolution through the use of communications systems out of the control of authorities,” and sentenced him to 15 years in prison. According to his own lawsuit against the U.S. Government, and subsequent disclosures, Gross alleged the U.S. Agency for International Development (USAID) and its contractor, DAI, sent him on five semi-covert trips to Cuba without proper training, protection or even a clear sense of the Cuban laws that led to his detainment. The case highlighted the frequent haste and lack of attention to the risks of the USAID programs in Cuba under the Helms-Burton Act, which allowed for money to be set aside for “democracy building efforts” that might hasten the fall of Fidel and Raúl Castro.

[12] In discussions with the U.S., Cuba already has expressed a willingness to exchange Mr. Gross for one or more of the three of “the Cuban Five” who remain in U.S. prisons.

[13] Nor did I find any mention of the vote in London’s Guardian or Madrid’s El Pais.