Continued Official Uncertainty Over Cause of Medical Problems of U.S. Diplomats in Cuba     

There has been lots of news over the U.S. diplomats with medical problems from serving in Cuba. But there is still official uncertainty over the cause of those problems and resulting cooler Cuba relations with the U.S. and warmer relations with Russia.

U.S. Trying To Hide the Attacks?[1]

CBS News on October 10 reported that one of the 22 U.S. diplomats who has suffered from purported “sonic attacks” in Cuba had asserted that the U.S. was trying to hide the attacks.

In addition, this individual reportedly told CBS that the attacks had happened at the Embassy itself, their Havana quarters and hotels, that the State Department “pressured” some U.S. embassy officials who had been injured to remain on the island and “waited too long” to withdraw personnel and that the initial treatment by doctors in Havana and at the University of Miami Hospital in the U.S. was “superficial and incomplete.”

The State Department denied these allegations later the same day.[2] Its Spokesperson, Heather Nauert, at a press briefing, said, “We have an ongoing investigation that’s being spearheaded out of the [U.S.] with our best investigators on that, so they continue to move ahead with that investigation. We still don’t know who is responsible and we still don’t know what is responsible for the injuries of our American staff.” (Emphasis added.)

Pressed by other reporters about the above comments by one of the victims and by the Department’s recent identification of only two Havana hotels where some of the attacks occurred, Nauert said the following:

  • “I was just speaking with one of our colleagues who served down there in Cuba and is recently back here in the [U.S.]. And I asked this person that very question: ‘How do you feel that we responded?’ And I’ve asked numerous of my colleagues that very question. . . . [W]e all care deeply about how our folks are doing down there. And I asked the question, ‘Do you feel supported by us? Do you feel that we were quick enough to respond?’ And the answer I got back was ‘yes.’ . . . it took a while to put this together, because the symptoms were so different.”
  • “But this person said to me once we figured out a pattern, . . . the State Department was extremely responsive. This person said to me that they . . . never felt the pressure to stay in Cuba, although they wanted to make it clear that they wanted to serve down there. These folks love what they’re doing, they feel a real dedication to . . .our mission down there in Cuba, the activities that they were involved with on behalf of the U.S. Government with local Cubans, and they were encouraged by the State Department to come forward, please get tested if you feel like you’ve had some sort of symptoms or something.”
  • “I don’t have the actual timeline in front of me that lays out when attacks took place at different locations, and I’m not even sure that that is something that we’re making public. But once we started to figure out what this was all about and started to investigate and realized that we were not able to protect our people, that’s when the Secretary made [the decision to reduce U.S. personnel at the Embassy in Havana].”

U.S. Government Statements About the Attacks and Relations with Cuba

On October 12 White House Chief of Staff, John Kelly, provided a very unusual press briefing. Unusual because the chief of staff rarely, if ever, provides such a briefing. The apparent major reason for the briefing was to provide a platform for him to deny that he was quitting or being fired as chief of staff. In addition, in response to a reporter’s question, Kelly stated, “We believe that the Cuban government could stop the attacks on our diplomats.”  But he provided no bases for that belief and was not challenged with additional questions by the journalists.[3] (Emphases added.)

Later that same day Kelly’s comment was interpreted (or qualified) by the State Department spokeswoman, Heather Nauert, who said, “General Kelly, when he said we believe that they can stop the attacks, I think what he was referring to was, one, we have the Vienna Convention [on Diplomatic Relations]. And under the Vienna Convention, . . . the Government of Cuba, has a responsibility to ensure the safety of our diplomatic staff. That didn’t happen. But there’s also another well-known fact, and that is that in a small country like Cuba, where the government is going to know a lot of things that take place within its borders, they may have more information than we are aware of right now.”[4] (Emphases added.)

The next day, October 13, President Trump addressed the 2017 Values Voter Summit.  It included the following comment: “We’re confronting rogue regimes from Iran to North Korea and we are challenging the communist dictatorship of Cuba and the socialist oppression of Venezuela. And we will not lift the sanctions on these repressive regimes until they restore political and religious freedom for their people.”[5] (Emphases added.)

Two days earlier (October 11) Vice President Mike Pence delivered a speech at a National Hispanic Heritage Month celebration at the Naval Observatory in Washington, D.C. in which he referred to meeting people from the Cuban communities here in the U.S., and had seen “the spirit of the Cuban exile community in this country firsthand.” On that same day, the Vice President continued. “President Trump announced a new policy to ensure that U.S. dollars will no longer prop up a military monopoly that exploits and abuses the Cuban people. Under this administration, it will always be “Que viva Cuba libre![6] (Emphases added.)

Sound Recording[7]

The Associated Press obtained an audio recording of what some of the U.S. personnel in Cuba heard.  Says the AP, it “sounds sort of like a mass of crickets. A high-pitched whine, but from what? It seems to undulate, even writhe. Listen closely: There are multiple, distinct tones that sound to some like they’re colliding in a nails-on-the-chalkboard effect.”  The AP adds that it has “reviewed several recordings from Havana taken under different circumstances, and all have variations of the same high-pitched sound.”

Similar Problems at U.S. Embassy in Moscow, 1953-1976[8]

The BBC reports that in May 1953 U.S. officials at the Moscow embassy detected a microwave frequency that oscillated above the upper floors at certain times, sometimes up to eight hours a day, and that autumn some embassy workers felt inexplicably ill. At first it was dizziness, palpitations, headaches, blood pressure too high or too low. But no one understood what was happening.

In 1962, those who were still there or even those who had already left had more severe symptoms: sudden cataracts, alterations in blood tests or chromosomes. In 1965 the U.S. began what was known as the “Moscow Viral Study,” a multimillion-dollar operation in which scientists apparently looked for the potential exposure of workers to an unknown strain of a mysterious and potent virus. The eventual conclusion was the Soviets were “bombing” the U.S. embassy with very low-level microwaves, which the U.S. called the “S ENAL Moscow.” This persisted until April 1976.

Cubans Doubt[9]

From Cuba, the Associated Press reports that “the common reaction in Havana is mocking disbelief” about the attacks.

The same tone was struck by Miguel Diaz-Canel, the first vice president who is widely expected to succeed Raul Castro when he steps down as president in February. He said, “A few spokespeople and media outlets have lent themselves to divulging bizarre nonsense without the slightest evidence, with the perverse intention of discrediting Cuba’s impeccable behavior.”

Mass Hysteria?[10]

Journalists from the Guardian newspaper in London reported that “senior neurologists” say that ”no proper diagnosis is possible without more information and access to the 22 US victims,” but speculate that the diplomats’ ailments could have been caused by “mass hysteria.”

Cuba-Russia Relations[11]

According to the Miami Herald, “after the election of President Donald Trump, the pace of [Cuba’s] bilateral contact with Russia has been frantic,” even more so after the eruption of U.S.-Cuba relations associated with the medical problems of U.S. diplomats. Here are such examples:

  • Just days before Foreign Minister Rodriguez’ September 26 meeting with Secretary of State Tillerson at the State Department, the Minister met with his Russian counterpart Sergei Lavrov on the sidelines of the U.N. General Assembly gathering. The conversation was “confidential,” according to a press release issued by the Russian Foreign Ministry.
  • On July 26 Cuban diplomat Josefina Vidal, the main negotiator with the U.S., went to Moscow and met with Deputy Foreign Minister Sergei Ryabkov.
  • Cuba’s ambassador to Russia has met with Ryabkov at least five times so far, this year.
  • Last December, just after the election of Mr. Trump, Russia and Cuba signed an agreement to modernize the Cuban army, and this year Russian officials — including military personnel — have made frequent visits to Havana.
  • In March, the Russian company Rosneft signed an agreement to ship 250,000 tons of crude oil and diesel to offset the decline in Venezuelan oil shipments to Cuba.
  • Rosneft also has discussed other joint projects with Cuba for oil extraction and the possibility of modernizing the Cienfuegos refinery, operated jointly by Cuba’s CUPET and Venezuela’s PDVSA.
  • In April, Russia offered to fund $1.5 million in U.N. projects in Cuba for hurricane recovery and later pledged to support recovery efforts following damage caused by Irma.
  • In September, Cuban Vice President and Minister of Economy Ricardo Cabrisas signed a package of agreements with Russia in the energy, rail transport and elevator-supply sectors.
  • Recently, Cuban news agency Prensa Latina, which has an office in Washington, and the Russian news agency Sputnik signed an official cooperation agreement.

These developments are no surprise to Richard Feinberg, an expert at Brookings Institution and a former U.S. policymaker for Latin America during Bill Clinton’s administration. He says, “[Vladimir] Putin’s message is not difficult to understand. [He] longs to regain the past imperial glory and relations with Cuba follow that same pattern.” Feinberg added, “From the point of view of the Cubans, they are looking to diversify their relationships. As closer economic relations with the U.S. do not seem likely for at least the next few years, they are looking for alternative allies, especially from countries with strong states like Russia and China that can offer favorable payment terms, something very welcome in an economy with poor international credit standards.”

Conclusion

In the above and the many other reports about the medical problems affecting some U.S. personnel serving in Cuba, I find it astounding that there still is official uncertainty about the cause or causes of the medical problems.

It also is astounding that no journalist or other commentator has publicly asked whether the U.S. has investigated whether the problems were caused by a secret and perhaps malfunctioning U.S. program or device and if so, to provide details. Such a possibility would help explain the delay in the U.S. public announcement of this set of medical problems and the apparent U.S. reluctance to share details of its investigation with Cuban investigators, all as discussed in previous posts to this blog. Moreover, this possibility would render various U.S. reactions—reducing the U.S. personnel at the U.S. Embassy in Havana, expulsion of 15 Cuban diplomats and the latest U.S. travel warning—as cover ups and as excuses for additional tightening of U.S. screws on Cuba.

Moreover, Trump’s hostile rhetoric and actions regarding Cuba, which are unjustified in and of themselves, have adverse effects on other important U.S. interests, including the prevention of increasing Russian influence in Latin America.

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[1] Cuba victim tells CBS News “complaints were ignored,” CBS News (Oct. 10, 2017); ‘Washington was trying to hide the acoustic attacks,’ says one of the victims, Diario de Cuba (Oct. 10, 2017).

[2] U.S. State Dep’t, Department Press Briefing—October 10, 2017.

[3]  White House, Press Briefing by Press Secretary Sarah Sanders and Chief of Staff General John Kelly   (Oct. 12, 2017); Assoc. Press, White House Says Cuba Could Stop Attacks on Americans, N.Y. Times (Oct. 12, 2017).

[4] U.S. State Dep’t, Department Press Briefing-October 12, 2017.

[5] White House, Remarks by President Trump at the 2017 Values Voter Summit (Oct. 13, 2017); Reuters, U.S. to Maintain Cuba, Venezuela Sanctions Until Freedoms Restored: Trump, N.Y. Times (Oct. 13, 2017).

[6] White House, Remarks by Vice President Mike Pence at National Hispanic Heritage Month Reception (Oct. 11, 2017)

[7] Assoc. Press, Dangerous Sound? What Americans Heard in Cuba Attacks, N.Y. Times (Oct. 13, 2017).

[8] Lima, The “Moscow Sign”, the mysterious Soviet Union bombardment of the US embassy, which lasted more than two decades during the Cold War, BBC News (Oct. 14, 2017).

[9] Assoc. Press, ‘Star Wars’ Fantasy? Cubans Doubt US Sonic Attacks Claims, N.Y. Times (Oct. 13, 2017).

[10] Borger & Jaekl, Mass hysteria may explain ‘sonic attacks’ in Cuba, say top neurologists, Guardian (Oct. 12, 2017).

[11] Gámez, Amidst growing tensions with U.S., Cuba gets cozier with Russia, Miami Herald (Oct. 13, 2017).

U.S.-Cuba Relations Discussed in U.N. Proceedings

During the week of September 18-22, U.S.-Cuba relations was one of many topics of discussion at the U.N. General Assembly and the U.N. Security Council. Here are those details.

U.S. Statements

 As discussed in a prior post, on September 19, U.S. President Donald Trump delivered a lengthy speech to the General Assembly that, in part, criticized Cuba. He said,

  • The U.S. “ 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.”
  • “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.”

The next day (September 20) U.S. Vice President Mike Pence appeared at the Security Council to support reform of the U.N. peacekeeping function and to vote in favor of a resolution to that effect that was adopted that day.[1] Here is a photograph of the Vice President and U.S. Ambassador Nikki Haley at the Council.

He also said the following about Cuba:[2]

  • To “keep the peace most effectively, this body must have the credibility to pursue peace by advancing the cause of human rights. It’s no coincidence that some of the most dangerous regimes in the world are also some of the worst abusers of human rights.”
  • “That was the purpose under which the U.N. Human Rights Council was formed. But the truth is, the Human Rights Council doesn’t deserve its name. As we look at the membership of the council today, we see nations that betray these timeless principles upon which this institution was founded. Today, the United Nations Human Rights Council actually attracts and welcomes many of the worst human rights violators in the world. A clear majority of the Human Rights Council’s members fail to meet even the most basic human rights standards. [One of them is Cuba,] an oppressive regime that has repressed its people and jailed political opponents for more than half a century.” (Emphasis added.)

The Vice President added that the Security Council “must reform the Human Rights Council’s membership and its operation. . . .   [The U.S. calls] on the Security Council and this entire body to immediately embrace reforms of the membership and practices of the Human Rights Council and end the [latter’s] blatant bias against our cherished ally Israel.”[3]

Cuba’s Response

The Cuban response to both of these U.S. statements was provided in a speech at the General Assembly on September 22 by Cuba’s Foreign Minister, Bruno Rodriguez Parrilla, as shown in the following photograph. [4]

The following are his lengthy comments about these speeches and other aspects of the U.S.-Cuba relationship:

  • The U.N.’s “2030 Agenda for Sustainable Development lacks the means for its implementation, due to the egoism and lack of political will of the [U.S.] and other industrialized countries.”
  • “What is the miraculous recipe that President Donald Trump recommends to us in the absence of the financial flows of the Marshall Plan? Who will contribute the resources for that? How can this be reconciled with the ‘America First’ idea advanced by Presidents Reagan and Trump?”
  • “President Trump ignores and distorts history and portrays a chimera as a goal to be pursued. The production and consumption patterns . . . of neoliberal capitalism are unsustainable and irrational and will inexorably lead to the destruction of the environment and the end of the human species.”
  • “Can anyone forget about the consequences of colonialism, slavery, neocolonialism and imperialism?”
  • “Could the several decades of bloody military dictatorships in Latin America be referred to as an example of a successful capitalism? Does anyone know of any recipe of neoliberal capitalism that has been better applied than those which destroyed the Latin American economies in the 1980s?”
  • “It is both indispensable and urgent for the [U.N.] to work in order to establish a new participatory, democratic, equitable and inclusive international economic order, as well as a new financial architecture that take into account the needs and peculiarities of developing countries and the asymmetries that exist in world trade and finances as a result of centuries of exploitation and plundering”
  • “Industrialized countries have the moral duty, the historical responsibility as well as sufficient financial and technological means for that.”
  • “Not even the rich will enjoy the announced prosperity if climate change is not stopped. Cuba regrets the decision taken by the government of the [U.S.], which has been historically the principal greenhouse-gas emitting government in the planet, to withdraw its country from the Paris Agreement.”
  • “The U.S. government has come here to tell us that, in addition to prosperity, the other two ‘beautiful pillars’ of international order are sovereignty and security.”
  • “We all share the common responsibility to preserve the existence of human beings in the face of a nuclear threat. An important contribution to the achievement of that goal was the historical adoption of the Treaty on the Prohibition of Nuclear Weapons . . . , which proscribe the use and the threat of use of those weapons that have the capacity to annihilate the human species. Obviously, the [U.S.] strongly opposed this treaty. It announced that it will invest 700 billion dollars in military expenditures and is developing an extremely aggressive nuclear and military doctrine based on the threat to use and the use of force.”
  • “NATO member States [act] against international peace and security and International Law by promoting military interventions and non-conventional wars against sovereign States.”
  • “The illegal imposition of unilateral coercive measures and the use of financial, legal, cultural and communicational instruments to destabilize governments as well as the denial of peoples’ right to self-determination have become customary.”
  • “The covert use of . . . [Information and Communications Technology] to attack other States increases, while several developed countries strongly oppose the adoption of international treaties that would regulate cooperation in order to achieve a safe cyberspace.”
  • “The U.S. President manipulates the concepts of sovereignty and security to his exclusive benefit and to the detriment of all others, including his allies. The attempt to resort to military threats and force to stop the irreversible world trend to multi-polarization and polycentrism will seriously jeopardize international peace and security, which should be defended and preserved through international mobilization.”
  • “The principles of sovereign equality, respect for the territorial integrity and non-interference in the internal affairs of States should be observed. The UN Charter and International Law admit no re-interpretation.”
  • “The [U.N.] reform should pursue the principal goal of responding to the pressing needs of peoples and the great disadvantaged majorities. Multilateralism should be protected and reinforced in the face of the imperialist interests of domination and hegemony.The democratization of the Security Council, both in terms of its composition and its working methods, is a most urgent task. The strengthening of the General Assembly and the recovery of the functions that have been usurped from it are indispensable.”
  • “The ‘patriotism’ invoked in the U.S. statement is a perversion of humanism, the love and loyalty to the homeland and of the enrichment and defense of national and universal culture. It embodies an exceptionalist and supremacist vision of ignorant intolerance in the face of diverse political, economic, social and cultural models.”
  • “In developed countries, the loss of legitimacy of political systems and parties worsens and electoral abstentionism is on the rise. Corruption, whether legal or illegal, has turned into metastasis. So is the extreme case of the so-called ‘special interests’ or corporate payments in exchange for benefits in the country that spends the highest amount of money in electoral campaigns and where, paradoxically, a candidate with the lowest number of popular votes can be elected or entitled to govern with a negligible support by voters.”
  • There has been an increasing and unheard-of use of science and technology to exercise hegemony, mutilate national cultures and manipulate human behavior, as is the case of the so-called ‘big data’ or psychometry, used for political and advertising purposes. Seven consortia keep a strict control of whatever is read, watched or heard in the planet. Technologies are being monopolized. The governance of digital networks is dictatorial and discriminatory and, despite appearances, the digital divide between rich and poor countries is increasing.”
  • “The opportunities and rights of youths, migrants and workers are curtailed and their human rights are openly and systematically violated”
  • On September 20, “U.S. Vice-President, Michael Pence, ridiculously ignoring the functions of the Security Council and attempting to establish new prerogatives, said that [the Security Council] should modify the composition and methods of the U.N. Human Rights Council, which ‘doesn’t deserve its name’ because ‘a clear majority of the Human Rights Council members fail to meet even the most basic human rights standards.’ I suppose he is not including, in this case, his own country, which will in fact deserve to be included because of its pattern of systematic violations of human rights, namely the use of torture, arbitrary detentions and imprisonment–as occurs at the Guantanamo Naval Base–, the assassination of African-Americans by law enforcement agents, the killing of innocent civilians perpetrated by its troops and the xenophobia and repression against immigrants –including minors– as well as its scarce adherence to international instruments.”
  • “On June 16, . . . President Trump announced the new Cuba policy of his administration, which is a setback in U.S.-Cuba bilateral relations and undermines the bases established two years ago to advance towards a new type of relation between our countries, characterized by respect and equality. The U.S. Government has decided to tighten the economic, commercial and financial blockade by imposing new obstacles to the already limited possibilities its business community had to trade with and invest in Cuba as well as additional restrictions on U.S. citizens willing to travel to our country.”
  • “Those decisions ignore the support from broad sectors in the U.S., including the majority of Cuban émigrés, to the lifting of the blockade and the normalization of relations. They only serve the interests of a group of Cuban origin, based in South Florida, which is an ever more isolated and minoritarian group that insists in harming Cuba and its people for having decided to defend, at all costs, the right to be free, independent and sovereign. Today we reiterate our condemnation of the measures aimed at tightening the blockade and reaffirm that any strategy intended to destroy the Revolution will fail.”
  • “Likewise, we reject the manipulation of the human rights issue against Cuba, which has a lot to be proud of and has no need to receive lessons from the [U.S.] or anyone.”
  • We “express our strongest condemnation of the disrespectful, offensive and interventionist statement against Cuba and the Cuban government, made [by President Trump]. We remind him that the [U.S.], where flagrant human rights violations are committed, which raise deep concern among the international community, has no moral authority to judge my country. We reaffirm that Cuba will never accept any preconditions or impositions, nor will it ever renounce any of its principles.”
  • “Regarding the alleged incidents that. . . have affected U.S. diplomatic officials in Havana we categorically affirm that the Cuban government rigorously and seriously abides by its obligations under the Vienna Convention on Diplomatic Relations in relation to the protection and the integrity of all diplomats without any exception, including those from the [U.S.] Cuba has never perpetrated nor will it ever perpetrate actions of this sort. Cuba has never allowed nor will it ever allow its territory to be used by third parties with that purpose. The Cuban authorities, based on the preliminary results of the priority investigation that is being carried out with a high technical component, following instructions from the top level of our government, has taken into account the data contributed by the U.S. authorities and so far has found no evidence whatsoever that could confirm the causes or the origin of the health disorders referred to by U.S. diplomats and their relatives. The investigation to clarify this issue continues, and in order to be able to arrive to a conclusion, it will be crucial to count on the cooperation of the U.S. authorities. It would be unfortunate if a matter of this nature is politicized.”
  • “As was expressed by the Cuban President Raul Castro Ruz, Cuba is willing to continue negotiating all pending bilateral issues with the United States, on the basis of equality and absolute respect for the sovereignty and independence of our country; and maintaining a respectful dialogue and cooperation in areas of common interest with the U.S. government.”
  • “Cuba and the [U.S.] can cooperate and coexist, respecting their differences and promoting everything that benefits both countries and peoples, but no one should expect Cuba to make concessions that affect its sovereignty and independence.”
  • “The Cuban people will not cease in their legitimate claim for the lifting and total elimination of the economic, commercial and financial blockade and will continue to denounce the strengthening of that policy. In November Cuba will once again present to the [U.N.] General Assembly [a resolution for ending the U.S. blockade of Cuba]. “

Conclusion

The above comments by President Trump and Vice President Pence, while not surprising from their administration, are a most unfortunate retreat from the efforts by President Obama and President Castro to normalize the two countries’ relations and abandon U.S. hostility towards the island.

The U.N. Human Rights Council was created by the U.N. General Assembly on March 15, 2006, by resolution 60/251. Therefore, it seems unlikely that the U.N. Security Council has any authority to make changes in the structure of the Human Rights Council, and Vice President Pence’s suggestion that this be done seems inappropriate unless it was intended as a call for the Security Council to recommend that this be done.

The lengthy comments by Cuba’s Foreign Minister Rodriguez are also not surprising with perhaps one exception. With respect to the medical problems of some U.S. diplomats stationed in Cuba, he said, “The investigation to clarify this issue continues, and in order to be able to arrive to a conclusion, it will be crucial to count on the cooperation of the U.S. authorities. It would be unfortunate if a matter of this nature is politicized.” All reports to date have indicated that the two countries are cooperating on investigating these issues, and the Foreign Minister’s comment seems to suggest that future U.S. cooperation was questionable. Is this so? If so, that would be most unfortunate and inadvisable for many reasons. The statement about  the possible U.S. politicization of this issue is also surprising unless it was an indirect reference to the letter to the Trump Administration by five Republican U.S. Senators led by Senator Marco Rubio (FL) that called for several U.S. actions against Cuba over this problem, including closure of the U.S. Embassy in Havana, as was discussed in an earlier post.

This coming November there will be a General Assembly debate and vote on Resolution A/72/50 42: Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba.[5] It is widely assumed that this will be adopted by an overwhelming margin; the similar resolution last year passed, 191-0 (with two abstentions by the U.S. and Israel), as discussed in a prior post.

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[1] U.N. Security Council, Resolution 2378 (2017).

[2] White House, Remarks by the Vice President to the UN Security Council (Sept. 20, 2017); Assoc. Press, Pence Applauds UN Resolution on Peacemaking Reform, N.Y. Times (Sept. 20, 2017); Reuters, Pence Tells U.N. That America First Does Not Mean America Alone, N.Y. Times (Sept. 20, 2017).

[3] The same day (September 20) the U.N. Human Rights Council in Geneva, Switzerland issued a reprimand of Cuba while U.S. and Cuba representatives traded comments on Cuban human rights. This will be discussed in a subsequent post.

[4] Rodriguez, Cuba will never accept any preconditions or impositions (+ Video), Granma (Sept. 22, 2017); Reuters, Cuba Urges U.S. Not to Politicise Allegations of Harmed Diplomats, N.Y. Times (Sept. 22, 2017); Assoc. Press, Cuban Official: Still No Clue on US Diplomat Health Issue, N.Y. [InformationTimes (Sept. 22, 2017).

[5] U.N., Report of the Secretary-General, Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba, No. A/72/94  (July 26, 2017)

Another State Department Briefing Regarding Cuban Diplomatic Dispute 

At an August 10 State Department press briefing, the Spokesperson Heather Nauert discussed the ongoing U.S.-Cuba diplomatic dispute about U.S. diplomats in Cuba who have had medical problems.[1]  

Emphasizing that there was an ongoing U.S. investigation of this matter, she said that the U.S. was still trying to determine the cause of the ailments, that it was too soon to blame any government or other person for the problems, that she has no knowledge of a country other than Cuba being the potential cause of the problems and that she was not aware of the U.S. having experienced the same problem in other countries.

She also said that the two Cuban diplomats in the U.S. had been expelled in May because Cuba had breached its obligation under the Vienna Convention on Diplomatic Relations, whose Article 29 states: “The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State [here, Cuba] shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.” (Emphasis  added.)

There have been reports that at least one Canadian diplomat has been treated in hospital in Cuba afar suffering headaches and hearing loss and that the Canadian and Cuban governments are investigating the problem. Global Affairs Canada spokeswoman Brianne Maxwell said Thursday that agency officials “are aware of unusual symptoms affecting Canadian and US diplomatic personnel and their families in Havana. The government is actively working — including with US and Cuban authorities – to ascertain the cause.”[2] U.S. State Department spokesperson Heather Nauert could neither confirm nor deny such reports.

Ms. Nauert also asserted that the U.S. Embassy in Havana is fully staffed and operational.

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[1] A prior post discussed the issue of medical problems of some U.S. diplomats in Cuba.

[2] Canadian diplomat in Cuba treated for hearing loss, CBCnews (Aug. 10, 2017); Assoc. Press, Canadian Diplomat in Cuba Treated for Hearing Loss, N.Y. Times (Aug. 10, 2017).

Joint Press Conference of U.S. Secretary of State John Kerry and Cuba Foreign Minister Bruno Rodriguez  

On the morning of July 20, 2015, Cuba officially opened its Embassy in Washington, D.C., and the United States did likewise in Havana although the ceremonial opening of the latter will be on August 14 when Secretary of State John Kerry goes to Havana to preside that event. A prior post discussed the ceremonial opening of the Cuban Embassy. This post covers that afternoon’s joint press conference at the U.S. Department of State by U.S. Secretary of State John Kerry and Cuba’s Foreign Minister Bruno Rodriguez.[1] Subsequent posts will review comments about U.S.-Cuba relations offered by the White House Press Secretary at a July 20 press conference and the reactions to these events.

Bruno Rodriguez & John Kerry @ U.S. State Department
Bruno Rodriguez & John Kerry @ U.S. State Department

Secretary Kerry’s Opening Statement

The conference was opened by Kerry, saying it was “an historic day; a day for removing barriers.” This day was welcomed by the U.S. as a “new beginning in its relationship with the people and the Government of Cuba. We are determined to live as good neighbors on the basis of mutual respect, and we want all of our citizens – in the U.S. and in Cuba – to look into the future with hope. Therefore we celebrate this day . . . because today we begin to repair what was damaged and to open what has been closed for many years.”

His prior discussion with Minister Rodriguez, Kerry said, “touched on a wide range of issues of mutual concern including cooperation on law enforcement, counter-narcotics, telecommunications, the internet, environmental issues, human rights, including trafficking in persons. And of course, we also discussed the opening of our embassies.”

This milestone, however, Kerry added, “does not signify an end to differences that still separate our governments, but it does reflect the reality that the Cold War ended long ago, and that the interests of both countries are better served by engagement than by estrangement, and that we have begun a process of full normalization that is sure to take time but will also benefit people in both Cuba and the United States.” Indeed, “the process of fully normalizing relations between the United States and Cuba will go on. It may be long and complex. But along the way, we are sure to encounter a bump here and there and moments even of frustration. Patience will be required. But that is all the more reason to get started now on this journey, this long overdue journey.”

Foreign Minister Rodriguez’s Opening Statement

Rodriguez opened in English by saying he had “a constructive and respectful meeting with [the] Secretary . . . [and] an exchange on the issues discussed by Presidents Raul Castro and Barack Obama during their historical encounter at the Summit of the Americas in Panama, the current status of the bilateral relations, and the progress achieved since the announcements of December 17th, 2014, including Cuba’s removal from the list of state sponsors of terrorism and the expansion of official exchanges on issues of common interest, and the re-establishment of diplomatic relations and the reopening of embassies.”

The Cuban people and government recognize “President Obama for his determination to work for the lifting of the blockade, for urging Congress to eliminate it, and for his willingness to adopt executive measures that modify the implementation of some aspects of this policy. Their scope is still limited, but these are steps taken in the right direction.”

Cuba also “emphasized that, in the meantime, the President of the [U.S.] can continue using his executive powers to make a significant contribution to the dismantling of the blockade, not to pursue changes in Cuba, something that falls under our exclusive sovereignty, but to attend to the interests of U.S. citizens.”

Rodriguez also “emphasized that the total lifting of the blockade, the return of the illegally occupied territory of Guantanamo, as well as the full respect for the Cuban sovereignty and the compensation to our people for human and economic damages are crucial to be able to move towards the normalization of relations.”

“We both ratified our interest in normalizing bilateral relations, knowing that this will be a long and complex process, which will require the willingness of both countries. There are profound differences between Cuba and the [U.S.] with regard to our views about the exercise of human rights by all persons all over the world, and also issues related to international law, which will inevitably persist. But we strongly believe that we can both cooperate and coexist in a civilized way, based on the respect for these differences and the development of a constructive dialogue oriented to the wellbeing of our countries and peoples, and this continent, and the entire world.”

He also “expressed to the Secretary of State that he will be welcome in Cuba on the occasion of the ceremony to reopen the U.S. embassy in Havana [on August 14].”

Rodriguez then essentially repeated these comments in his native Spanish language. He also “reiterated our invitation to all U.S. citizens to exercise their right to travel to Cuba, as they do to the rest of the world, and to the companies of that country to take advantage on an equal footing of the opportunities offered by Cuba.”

Question and Answer Session

The press then asked the following questions, and the two officials provided these answers.

  1. QUESTION: The first question had the following three parts: (a) What was the U.S. position with respect to Rodriguez’ statement that only the lifting of the trade embargo and the return of Guantanamo Bay would lend meaning to today’s historic events and that Cuba did not want any U.S. interference in its domestic policies? (b) What changes in Cuban human rights would the U.S. be pursing? (c) What changes would Cuba be willing to make at the request of the U.S. before the lifting of the embargo and return of Guantanamo?

SECRETARY KERRY: “[T[here are things that Cuba would like to see happen; there are things the United States would like to see happen.” But that does not mean that these things will happen.

“With respect to the embargo, President Obama . . . has called on Congress to lift the embargo.” The Administration hopes “that the embargo at the appropriate time will in fact be lifted and that a great deal more foundation can be built for this relationship.”

At this time, there is no discussion and no intention on our part at this moment to alter the existing [Guantanamo Bay] lease treaty or other arrangements with respect to the naval station, but we understand that Cuba has strong feelings about it. I can’t tell you what the future will bring but for the moment that is not part of the discussion on our side.”

The U.S., on the other hand, has “expressed and we will always express – because it’s part of the United States foreign policy; it’s part of our DNA as a country – and that is our view of human rights and our thoughts about it. We have shared good thoughts on that. We’ve had good exchanges. And as you know, part of this arrangement that took place involved an exchange of people as well as the release of some people. And our hope is that as time goes on, we’ll continue to develop that.”

What we did talk about today was how to further the relationship most effectively, and perhaps through the creation of a bilateral committee that might work together to continue to put focus on these issues.”

FOREIGN MINISTER RODRIGUEZ: “In recent times, the U.S. Government has recognized that the blockade against Cuba is a wrong policy, causing isolation and bringing about humanitarian damages and privations or deprivations to our people, and has committed to engage Congress in a debate with the purpose of lifting the blockade. . . . [T]he President of the U.S. [also] has adopted some executive measures which are still limited in scope but which are oriented in the right direction.”

In exchanges with Secretary Kerry we “have not spoken about conditions but rather about the need to move on through the dialogue on the basis of sovereign equality and mutual respect and create a civilized behavior, despite the profound differences that exist between both governments, to better attend to the interests of our respective peoples.”

“[I]t is very important that today a [Cuban] embassy was reopened in Washington and that diplomatic instruments could be created ensuring full mutual recognition, which is a practical contribution to the development of bilateral dialogue. . . . [For] Cuba, the normalization of relations presupposes the solution of a series of pending problems, [including] “the ceasing of the blockade against Cuba, the return of the territory of Guantanamo, and the full respect for the sovereignty of our country.” We also confirmed “that there are conditions . . . [for expanding] the dialogue . . . with the purpose of expanding mutually beneficial cooperation between our . . . countries and, of course, taking into account the fact that the situation between the U.S. and Cuba is asymmetric because our . . . country has not implemented any discriminatory policy against American citizens or enterprises. Cuba does not implement any unilateral coercive economic measure against the U.S. Cuba does not occupy any piece of U.S. territory. Precisely through the dialogue, we are supposed to create the proper conditions to move on towards the normalization of relations.”

  1. QUESTION: This was a three-part question: (a) What are the advantages [for Cuba’s having an embassy in the U.S,] taking into consideration that the blockade is still in place? (b) What are the advantages for the U.S.’ having an embassy in Havana? (c) Will the U.S. in the future respect the Vienna Conventions on Diplomatic Relations?

FOREIGN MINISTER RODRIGUEZ: “The fact that diplomatic relations have been re-established and that embassies have been reopened in both capitals shows first and foremost the mutual willingness to move on towards the improvement of the relations between our both countries. Second, new instruments are [being] created to further deepen this dialogue. . . . Third, . . . the basis for the normal functioning of these diplomatic missions would be the purposes and principles enshrined in the U.N. Charter: the principles of international law and the regulations containing the Vienna Conventions on diplomatic and consular relations. Therefore, we have reached agreements in these areas, and I can say that Cuba would absolutely respect those provisions. Cuban diplomats will strictly abide by those rules, and we will create in Cuba every necessary condition for the normal functioning of the new U.S. Embassy in our country.”

SECRETARY KERRY: Part “of the negotiations leading up to the opening of the embassies was . . . coming to agreement with respect to all of the diplomatic functions. . . . [That led to an] “agreement which is in accord with the Vienna Conventions and meets both of our countries’ understandings of what is needed and what is appropriate at this moment in time. It could be subject to change later in the future, obviously, but for the moment we are satisfied and we are living within the structure of the Vienna Convention.”

  1. QUESTION: A three-part question: (a) In “your discussions today, did you establish any sort of road map for talks going forward? (b) If so, what are your priorities? (c) As a result, do you envision a political opening in Cuba on issues such as greater freedom of speech and assembly, and also the legalization of opposition parties?”

FOREIGN MINISER RODRIGUEZ: We will “welcome Secretary Kerry in the next few weeks in Havana to continue our talks, to establish the appropriate mechanisms to expand the dialogue in areas related to bilateral cooperation oriented to the common benefit, and to retake our talks about the substantial aspects of the bilateral relations I have mentioned before, which will determine this process towards the normalization of relations.”

The “political opening in Cuba happened in the year 1959. . . . We Cubans feel very happy with way in which we manage our internal affairs. We feel optimistic when it comes to the solution of our difficulties and we are very zealous of our sovereignty, so we will maintain in permanent consultations with our people to change everything that needs to be changed based on the sovereign and exclusive willingness of Cubans.”

  1. QUESTION: A four-part question: (a) Is “this new era of relations with Cuba [based on a] recognition that the U.S. policies of isolating countries in Latin America that differ from . . . [U.S.] political views don’t work?” (b) “Do the recent trips to Caracas of Mr. Thomas Shannon [of the U.S. State Department] . . . [constitute a] beginning of trying to rebuild the relationship with Venezuela?” (c) Is it possible [for Cuba] to have relations with the U.S. when the U.S. is giving every signal that it is not willing to lift the blockade or the embargo as it is called here and cannot withdraw from Guantanamo?” (d) Has the U.S. after failing to change Cuba from the outside “now implemented a creative way to try to change Cuba from the inside?”

FOREIGN MINISTER RODRIGUEZ: The “fact that diplomatic relations are being established and that we are reopening both embassies is a show of the mutual willingness to move on towards the normalization of bilateral relations.” [Last] December President Obama recognized that the U.S. policy against Cuba had been wrong, causing damages and hardships to the Cuban people, and causing isolation to the U.S.”

The “re-establishment of diplomatic relations and the opening of embassies are appreciated by my country as a signal of progress towards a civilized relationship, despite the differences, and it would lend some meaning only if the blockade is lifted, if we are able to solve the pending problems for more than one century, and if we are able create a new type of relationship between the U.S. and Cuba different from what has existed all along the history.”

Cuba feels “that [President Obama’s] recognition of the need to lift the blockade against Cuba, that during the talks that we have had, including this morning’s talks, we have perceived respect for Cuba’s independence to the full determination of our people, [that the two countries] have talked, on the basis of absolute equal sovereignty despite differences shows that the dialogue is fruitful and that the U.S. and Cuba, by a mandate of the American people and the Cuban people, are in the condition to move on towards a future of relations different from the one accumulated throughout our history, responding precisely to the best interests of our citizens.”

“There is an international order. International law is recognized as the civilized behavior to be adopted by states. There are universally accepted principles, and these have been the ones who have allowed us to reach this date and the ones that . . . will reorient our behavior in our relations in the future.”

SECRETARY KERRY: With respect to Cuba, “passions ran deep . . . to this day in the [U.S.]. There are many Cuban-Americans who have contributed in so many ways to life in our country, some of whom are still opposed to a change, some of whom believe it is time to change.”

“When I served in the [U.S.] Senate, there were many of us who believed over a period of time that our policy of isolating [Cuba] was simply not working; we were isolating ourselves in many ways. And we felt that after all those years it was time to try something else. President Obama is doing that now. And it is clear that we have chosen a new path, a different path. Already, people tell me who have visited Cuba that they feel a sense of excitement, a sense of possibility. And I am convinced that as we work through these issues we are going to find a better path forward that speaks to the needs of both peoples, both countries.”

With respect to Venezuela, Counselor of the State Department, Ambassador Tom Shannon has had several conversations with the Venezuelans. We had a very productive conversation prior to the Summit of the Americas in Panama. The [U.S.] has said many times we would like to have a normal relationship with Venezuela and have reached out in an effort to try to change the dialogue, change the dynamics. There are differences that we have with President Maduro and his government, and we raise those differences and we talk about them.”

“Just today, Foreign Minister Rodriguez and I talked specifically about Venezuela and our hopes that we can find a better way forward, because all of the region will benefit if no country is being made a scapegoat for problems within a country, and in fact, all countries are working on solving those problems.”

“We hope that our diplomatic relations with Cuba can encourage not only greater dialogue with Venezuela but perhaps even efforts to try to help Colombia to end its more than 50-years war and perhaps even other initiatives.”

“It’s clear that Cuba has significant progress to make in all of those areas.  What’s also clear is that the previous [U.S.] . . . [did not] really make much progress [on these issues].  The President believed that a change was necessary.  And we’re hopeful that in the coming years we’ll start to see the kind of respect for basic human rights on the island of Cuba that the U.S.] has long advocated.”

[Moreover, an] overwhelming percentage of the Cuban people are supportive and optimistic about this change in policy because of a chance that is has to improve their prospects on the island nation of Cuba.”

“So the President is looking forward to these kinds of changes taking effect [so] that the Cuban people and the Cuban government start to enjoy the benefits and see the results from greater engagement with the [U.S.]”

“In the days after this agreement was announced back in December, a substantial number of individuals who had previously been held by the Cuban government for their political views were released.  And that’s an indication that the Cuban government is trying to at least change their reputation when it comes to these issues.“

“But we have got a long list of concerns.” In addition, “for a long time the U.S. policy of trying to isolate Cuba became a source of irritation in the relationship between the [U.S.] and other countries in the Western Hemisphere.  And by removing that source of irritation, the [U.S.] can now focus attention of . . . other countries in the Western Hemisphere on the Cuban government’s rather sordid human rights record.”

“And again, that is part of the strategy for seeking to engage the Cuban people more effectively, and bring about the kind of change that we would like to see inside of Cuba.”

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[1] U.S. Dep’t of State, Press Availability with Cuban Foreign Minister Bruno Rodriguez (July 20, 2015). A video and audio recording of the press conference is available on C-Span.

 

Cuba’s Explanation of Path to the Restoration of Cuba-U.S. Diplomatic Relations

Granma, the official newspaper of the Communist Party of Cuba, has published an article about its interpretation of the path to Cuba’s July 1, 2015, agreement with the United States to restore diplomatic relations. The author is one of its journalists, Sergio Alejandro Gómez.[1]

Gomez’ Interpretation

Despite the difficulties of finding a way to build a new relationship after 50-plus years of estrangement, the two countries found “an indispensable set of references regarding the way forward: the Charter of the United Nations and International Law, in particular the Vienna Convention on Diplomatic Relations and [the Vienna Convention] on Consular Relations.”

The Charter was “the result of four years of intense work with the view to avoid new wars that would put humanity on the brink of annihilation.” Among its “principles and purposes are the defense of sovereign equality, the settlement of disputes by peaceful means, refraining from the threat or use of force against the territorial integrity or political independence of any State and non-intervention in matters of domestic jurisdiction.”

“Similarly, the Charter promotes friendly relations among nations based on respect for the principle of equal rights and the self-determination of peoples, cooperation in solving international problems and encouraging respect for human rights and fundamental freedoms of all.”

The two Vienna Conventions “establish that the customary norms of international law continue to govern any questions not expressly addressed. . . . Customary international law is the set of “practices of international subjects that are generally accepted by them as Law,” As a result, says Gomez, “no practice outside the framework of the functions of diplomatic missions as established by the Vienna Convention[s] may be lawful unless it is covered by customary international Law, and this does not cover any illicit act, contrary to the norms of the receiving State.”

Cuba and the U.S.’ “compliance with the basic principles established for all nations, can help lay the foundation for progress in this long and complex road to the full normalization of relations [between the two countries].”

Conclusion

I agree. This is a concise statement of the international legal framework for peaceful and proper relations between countries. Amen!

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[1] Gómez, A guide to the complex road to normalization between Cuba and the United States, Granma (July 3, 2015).

Cuba Announces Agreement To Restore Diplomatic Relations with the United States

On July 1, 2015, the U.S. and Cuba announced an agreement to restore diplomatic relations. This post will discuss Cuba’s announcement and reactions.[1] A prior post did the same for the U.S. announcement and reactions.

The Cuban government’s announcement of the resumption of diplomatic relations stated the following:

  • “The President of the Councils of State and Ministers of the Republic of Cuba, Army General Raúl Castro Ruz, and the President of the United States of America, Barack Obama, exchanged letters through which they confirmed the decision to reestablish diplomatic relations between the two countries and open permanent diplomatic missions in their respective capitals, from July 20, 2015.”
  • “By formalizing this step, Cuba and the United States ratified the intention to develop respectful and cooperative relations between both peoples and governments, based on the purposes and principles enshrined in the Charter of the United Nations and International Law, in particular the Vienna Conventions on Diplomatic and Consular Relations.”
  • “The Government of Cuba has decided to reestablish diplomatic relations with the United States in full exercise of its sovereignty, invariably committed to the ideals of independence and social justice, and in solidarity with the just causes of the world, and reaffirming each of the principles for which our people have shed their blood and ran all risks, led by the historic leader of the Revolution Fidel Castro Ruz.”
  • “With the reestablishment of diplomatic relations and the opening of embassies, the first phase concludes of what will be a long and complex process towards the normalization of bilateral ties, as part of which a set of issues will have to be resolved arising from past policies, still in force, which affect the Cuban people and nation.”
  • “There can be no normal relations between Cuba and the United States as long as the economic, commercial and financial blockade that continues to be rigorously applied, causing damages and scarcities for the Cuban people, is maintained. It is the main obstacle to the development of our economy, constitutes a violation of International Law and affects the interests of all countries, including those of the United States.”
  • “To achieve normalization it will also be indispensable that the territory illegally occupied by the Guantanamo Naval Base is returned, that radio and television transmissions to Cuba that are in violation of international norms and harmful to our sovereignty cease, that programs aimed at promoting subversion and internal destabilization are eliminated, and that the Cuban people are compensated for the human and economic damages caused by the policies of the United States.”
  • “In recalling the outstanding issues to be resolved between the two countries, the Cuban Government recognizes the decisions adopted thus far by President Obama, to exclude Cuba from the list of state sponsors of international terrorism, to urge the U.S. Congress to lift the blockade and to begin to take steps to modify the application of aspects of this policy in exercise of his executive powers.”
  • “As part of the process towards the normalization of relations, in turn, the foundations of ties that have not existed between our countries in all their history will need to be constructed, in particular, since the military intervention of the United States 117 years ago, in the independence war that Cuba fought for nearly three decades against Spanish colonialism.”
  • “These relations must be founded on absolute respect for our independence and sovereignty; the inalienable right of every State to choose its political, economic, social and cultural system, without interference in any form; and sovereign equality and reciprocity, which constitute inalienable principles of International Law.”
  • “The Government of Cuba reiterates its willingness to maintain a respectful dialogue with the Government of the United States and develop relations of civilized coexistence, based on respect for the differences between the two governments and cooperation on issues of mutual benefit.”
  • “Cuba will continue immersed in the process of updating its economic and social model, to build a prosperous and sustainable socialism, advance the development of the country and consolidate the achievements of the Revolution.”
Ramón Cabañas & Anthony Blinken
Ramón Cabañas & Anthony Blinken

That same day (July 1) Ramón Cabañas Rodríguez, the Head of the Cuban Interests Section in Washington, delivered to Interim Secretary of State Anthony Blinken at the U.S. State Department a letter from Raúl Castro to President Obama, confirming that “the Republic of Cuba has decided to reestablish diplomatic relations with the United States of America and open permanent diplomatic missions in our respective countries, on July 20, 2015.” That letter went on to say the following:

  • “Cuba makes this decision, motivated by the mutual intention to develop relations of respect and cooperation between both peoples and governments.”
  • “Cuba likewise draws inspiration from the principles and objectives established in the United Nations Charter and international law, namely, sovereign equality; the settlement of disputes by peaceful means; abstention from acts or threat of aggression or the use of force against the territorial integrity or political independence of any States, non-intervention in matters within the domestic jurisdiction of any State, the promotion of friendly relations among nations based on respect for the principles of equal rights and that of the people’s right to self-determination, and cooperation in solving international problems and in promoting and encouraging respect for human rights and fundamental freedoms for all.”
  • “The above stated principles are in accordance with the spirit and norms established in the Vienna Convention on Diplomatic Relations of April 18, 1961 and the Vienna Convention on Consular Relations of April 24, 1963, to which both the Republic of Cuba and the United States of America are parties, and will govern diplomatic and consular relations between the Republic of Cuba and the United States of America.”

Cuba also confirmed that on July 1 Jeffrey DeLaurentis, the Head of the U.S. Interests Section in Havana, had delivered to the Cuban Foreign Ministry a July 1 letter from President Obama to President Castro that was quoted in the prior post about the U.S. announcement of restoration of diplomatic relations.

Cuban Reaction

According to a U.S. reporter for the New York Times, Cubans in the streets of Havana welcomed the news about the resumption of diplomatic relations.

Roberto, a parking attendant who minds cars near the U.S. Interests Section on the Malecon, said, ““This will benefit the country. Maybe, I don’t know, it will eventually benefit me.”

Regina Coyula, a blogger who for several years worked for Cuban state security, commented, “People realize that the Americans aren’t going to solve their problems, and nor is the government” of Cuba. The reaction to the December 17th announcement of rapprochement was “like a firework display. Everyone watched them. Everyone thought they were beautiful. And then they went back to their lives.”

Coyula added that with American money being spent in private restaurants and homes and on car services, those Cubans who are doing well will do even better. “The difference between those Cubas is only going to grow.”

“We’ve been waiting all our lives for this, and it’s very welcome,” said Carmen Álvarez, 76, who was walking with friends near the Interests Section. “We’re waiting with our arms and our minds wide open.”

Yosvany Coca Montes de Oca, 38, who began listing his one-bedroom apartment in Havana with Airbnb, the online house-sharing service, in April, said, “Things are going really well.” He used to get four or five Americans staying at his house every month. For the past two months, he has had more than 15 and has been showered with reservations. But Mr. Coca acknowledged that he was part of a privileged economic circle that was feeling the immediate benefit of new American interest in Cuba. Many Cubans, he said, felt little change. “For ordinary people, it doesn’t have a direct impact. People are mainly concerned with getting by day to day.”

More generally, the U.S. reporter concluded,“The euphoria that prompted Cubans to toot their horns and wave flags [on December 17th] . . . has given way to a tempered hope that an influx of Americans, and the eventual end of the trade embargo, will help pry open the economy and the political system.”

Similar positive comments from people on the street in Havana were captured by Granma, the official newspaper of Cuba’s Communist Party.

Other Reactions

Cuba’s Granma newspaper reported positive reactions to the restoration of diplomatic relations from China, Brazil, the European Union and the United Nations.

Conclusion

The Cuban announcement reiterated some of the issues that Cuba has raised before and after the December 17th announcement of rapprochement and that have been addressed in prior posts to this blog.

Foremost for Cuba is ending the U.S. embargo or blockade of Cuba. President Obama agrees that this should happen and again yesterday called on Congress to adopt legislation doing just that. Senators Amy Klobuchar, Jerry Moran and Angus King have introduced bills to that end, and in the House Charles Rangel, Bobby Rush and Jose Serano have authored similar bills. Now the relevant congressional committees need to hold hearings and report the bills to the floors of the respective chambers for voting them up or down.[2]

Related to ending the embargo or blockage is Cuba’s repeated allegation that it is illegal under international law and has damaged Cuba, allegedly $1.1 trillion as of last October. It is exceedingly unlikely that the U.S. will agree with these assertions and pay Cuba that sum of money. Therefore, this blogger has suggested that this Cuban claim, along with others by Cuba and the U.S., be submitted for resolution to the Permanent Court of Arbitration at the Hague in the Netherlands.[3]

The other significant issue for Cuba is ending the alleged U.S. illegal occupation of Guantanamo Bay and returning that territory to Cuba. Again it is exceedingly unlikely that the U.S. will agree with that allegation and demand. Remember that the Cuban government in 1906 leased that territory to the U.S. for use as a “coaling station” or “naval station” and that there are many problems with Cuba’s assertion that it has the right to terminate the lease. Therefore, this blogger has suggested that this Cuban claim and others relating to Guantanamo, including unpaid rent for the last 50-plus years, also be submitted for resolution to the Permanent Court of Arbitration.[4]

Cuba’s complaint about U.S. radio and television transmissions to Cuba (Radio and TV Marti), in this blogger’s opinion, is secondary. Again I see no U.S. acceptance of this complaint, and thus it too should be submitted to the Permanent Court of Arbitration.[5]

The other secondary Cuban complaint concerns the U.S. “programs aimed at promoting subversion and internal destabilization.” This refers to the covert, secret or “discreet” programs of the U.S. Agency for International Development (USAID), such as its social media program, the HIV workshop program and the hip-hop artist campaign. These programs, in this blogger’s opinion, are a stupid waste of U.S. taxpayers’ funds and should be terminated by the U.S. Any U.S. programs to promote democracy in Cuba should be joint ventures with the Cuban government.[6]

Now the more difficult work comes for the two countries’ diplomats to meet, discuss and negotiate to attempt to resolve or at least narrow these and many other issues. We wish them courage, persistence and humility in their work.

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[1] Statement by the Revolutionary Government, Granma (July 1, 2015); Letter from Cuban President Raúl Castro to Barack Obama (July 1, 2015); Interim Minister of Foreign Relations receives letter from U.S. President to Army General Raúl Castro Ruz, Granma (July 1, 2015); Cuba and the U.S. confirm reestablishment of diplomatic relations, Granma (July 1, 2015); Burnett, Cubans Greet Latest Step in U.S. Thaw With Hope Tempered by Reality,N.Y. Times (July 1, 2015).

[2] Prior posts have discussed bills to end the embargo in the U.S. House of Representatives and similar bills by Senators Klobuchar and Moran and King.

[3] A prior post concerned the October 2014 U.N. General Assembly’s overwhelming approval of a resolution condemning the embargo and Cuba’s allegation of $1.1 trillion of damages. Arbitration of Cuba’s alleged damages claim was suggested in another post.

[4] A post examined the 1906 lease of Guantanamo Bay; another, whether Cuba had a right to terminate the lease and another. arbitration of unresolved issues about the lease.

[5] One post looked at the status of Radio and TV Marti.

[6] Prior posts have covered USAID’s social media program; the U.S. Senate’s comments on that program; USAID’s HIV workshop program and reactions thereto by the U.S. government and by others; the New York Times’ criticism of the programs; criticism of the programs by the Latin American Working Group; and this bloggers’ open letter to President Obama complaining about the programs.

U.S. and Cuba Hold Productive Second Round of Negotiations

On February 27th the United States and Cuba held a productive second round of negotiations at the U.S. Department of State in Washington, D.C. [1] (Below is a photograph of the U.S. delegation on the left; the Cuban, on the right.)

28CUBA1-articleLarge

At the conclusion of the session, “diplomats of both countries spoke positively about fulfilling the promise made by Presidents Barack Obama and Raul Castro in December to restore embassies in each other’s capitals.

  • Roberta Jacobson, the State Department’s senior envoy to Latin America, said, “We made meaningful progress“ and the negotiations were “open, honest and sometimes challenging, but always respectful.” She also said she thought the embassies could be opened before the Summit of the Americas.
  • Her Cuban counterpart, Josefina Vidal, indicated she received assurances that the U.S. would move on two of the biggest hurdles remaining: Cuba’s inclusion on the U.S. state sponsor of terrorism blacklist and its inability to conduct normal banking operations in the U.S. She expressed confidence of progress on both priorities “within the following weeks.” Vidal also said that “the Cuban delegation is presenting a proposal for the establishment of a bilateral dialogue on human rights.”

The diplomats also said there would be subsequent discussions about various issues, including (i) civil aviation; (ii) trafficking; (iii) telecommunications; (iv) increasing Cuba’s Internet connectivity; (v) immigration fraud prevention; (vi) regulatory changes that modify the implementation of the blockade; (vii) protection of marine protected areas; and (viii) human rights.

The post-session press release by the Cuban delegation stated they “reiterated the importance of . . . the exclusion of Cuba from the list of ‘state sponsors of international terrorism,’ the provision of financial services to the Cuba Interests Section in Washington services and the need to ensure compliance with the principles of international law and the Vienna Conventions on Diplomatic and Consular Relations, [especially] compliance with the rules relating to the functions of diplomatic missions, the behavior of their staff, to respect national laws and nonintervention in the internal affairs of States.”

Later Vidal made it clear that “Cuba is willing to restore diplomatic relations with the U.S. as soon as the Obama administration declares its intent to take the country off a list of state sponsors of terrorism.” Vidal said that if Cuba got word the Obama administration was recommending the removal from the terrorism list, diplomatic ties could go forward without a prior resolution of the banking issue.” [2]

Vidal further commented that the issue of extraditing people between Cuba and the U.S. had been discussed many times in the past, that the two countries had signed a treaty on the topic in 1906 which has a clause such that it would not apply in cases involving political activities. “Therefore, Cuba has legitimately given political asylum to a small group of U.S. citizens, because we have reason to believe that they deserve this and that is how far we’ve gone. And when one grants political asylum, then you cannot get into these types of discussions.” She added that after the Cuban Revolution of 1959 the U.S. had not honored the treaty when Cuba asked the U.S. to extradite “members of the Cuban dictatorship who were responsible for terrible crimes.” [3]

Before the session, there was optimism, but considerable uncertainty, about the likelihood of a positive outcome as indicted by the press reports before the session.

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[1] The first round of negotiations was held in Havana on January 22-23 as discussed in a prior post.  This post on the second round is based upon the following: U.S. Dep’t of State, Background Briefing on Talks to Re-establish Diplomatic Relations with Cuba (Feb. 25, 2015); Reuters, Cuba Says Fast Track to Restoring Ties, ‘Depends on U.S.,’ N.Y. Times (Feb. 25, 2015); Miroff & DeYoung, Cuba says terrorism list, banking issues are blocking better ties with U.S., Wash. Post (Feb. 25, 2015);  Sosa, Cuba going to second round of talks with US constructively, Granma (Feb. 25, 2015); Derevit, Cuba comes with proposals and expects answers at the meeting in Washington, CUBADEBATE (Feb. 25, 2015); Assoc. Press, U.S., Cuba Cite Progress on restoring diplomatic ties, Wash. Post (Feb. 27, 2015); Reuters, U.S., Cuba Say Progress Made in Talks, No Date for Diplomatic Ties, N.Y. Times (Feb. 27, 2015); Gómez, Cuba and the U.S. hold talks in respectful climate, Granma (Feb. 27, 2015); Schwartz, U.S., Cuba Meet for Second Round of Diplomatic Talks, W.S.J. (Feb. 27, 2015); Press Release of the Cuba Delegation on restoration of diplomatic relations with the US, Granma (Feb. 27, 2015); Adams & Mohammed, U.S., Cuba say progress made in talks, no date for diplomatic ties, Reuters (Feb. 27, 2015); Archibold, Cuba’s Spot on US Terrorism List Gums Up Restoration of Relations, N.Y. Times (Feb. 28, 2015); Reuters, Cuba Signals Readiness to Fast-Track U.S. Diplomatic Ties, N.Y. Times (Mar. 2, 2015); Gómez, Closer to restoring relations, Granma (Mar. 4, 2015).

[2] A prior post discussed the U.S. legal and political issues regarding its rescission of the terrorism designation making it impossible for the U.S. to make the rescission before the April 10-11 Summit of the Americas in Panama, and Cuba’s acceptance of a U.S. intent to rescind before establishment of diplomatic relations recognizes that U.S. reality.

[3] The U.S.-Cuba extradition treaty of 1906 and its modification in 1926 were discussed in a prior post.