Wednesday, April 17, 2019

Private property rights are also human rights: Title III of the LIBERTAD Act to finally be enforced after 23 years

In every civilized society property rights must be carefully safeguarded; ordinarily, and in the great majority of cases, human rights and property rights are fundamentally and in the long run identical. ~ Theodore Roosevelt (1910)

Ambassador Bolton addresses Cuban Americans at the Biltmore in Coral Gables.
The announcement today that the Trump Administration will no longer suspend Title III of the LIBERTAD Act, effective May 2 is good news. The right to bring an action under Title III of the LIBERTAD Act will be implemented in full. This means a chance for justice for property owners who had everything stolen from them.

Human rights and the rule of law exist in order to protect those without power from the abuse of the powerful. Today's decision means that victims of repression will be able to pursue justice through the courts, punish those trafficking in stolen property.

Even in the United States this concept has been eroded with the 2005 Supreme Court decision Kelo vs. City of London which ratified the right of using government power to condemn private homes to benefit a property developer.

However, in a communist state where the rule of law and human rights are not existent such as China for example Beijing has been described by Richard A. Epstein of the Hoover Institution at Stanford University as "Kelo-on-steroids: neighborhoods are ripped down as skyscrapers go up." The same holds true, albeit at a smaller scale, in Cuba.

In reality, property can be taken from one owner and given to another with greater political influence. What has until now been a de facto practice for decades will be given a legal veneer in order to give the rich, powerful and politically connected [i.e. the nomenklatura] in Cuba the right to plunder the island. Variations of this took place in Russia and China. A practice that has already been going on for years in Cuba. Now the Cuban communists are becoming the oligarchs of what will eventually be a post-Castro Cuba.

Cuba has played an important role in building dictatorship in Venezuela, and resisting efforts of a non-violent democratic restoration. The Castro regime's biggest export is the know how and personnel to destroy democracies and replace it with a system modeled after their repressive tyranny.

Changes are taking place in Cuba but they are going from bad to worse. Without the rule of law, respect for human rights and escalating violence against nonviolent activists, things are bound to worsen. However this step taken today by the White House empowers the weak from the arbitrary abuses of the powerful. This is why prominent dissidents in the island, risking 20 years in prison, are backing the initiative. The Ladies in White thanked Ambassador JohnBolton for his recognition and solidarity gesture with the Ladies in White over twitter, and added that "someday God will give us the opportunity to express it personally. #RevolutionIsRepression in #Cuba."

It also will constrain the ability of the Castro dictatorship to project itself throughout the region successfully undermining democracies as it has done in Venezuela, Nicaragua, and Bolivia. 

Today is a good day for freedom and the rule of law. 

1 comment: