Monday, April 6, 2015

Why the Obama policy will worsen human rights in Cuba and the Americas: A rebuttal

Between 1959 and the present the only two times that the International Committee of the Red Cross was able to  inspect Cuban prisons and their conditions were in 1988 and 1989 following the tightening of sanctions and isolation policies of the Reagan administration.

Machete attacks, breaking bones, knife attacks since 2012
Jose Miguel Vivanco's essay in Time Magazine titled "Lifting the Embargo Means Cuba Can No Longer Play Victim" gets a lot of things wrong, but let me begin with what the Americas director at Human Rights Watch gets more or less right when he states that:
"For decades, U.S. authorities stubbornly held that the embargo was necessary to promote human rights and democratic change in the island."
More accurately, U.S. politicians have used the above rhetoric in an attempt to appear like they were doing more than they were actually doing. This is not a practice limited to U.S.-Cuba policy.  The reality is that the aim of economic sanctions on Cuba as laid out as State Department policy in the early 1960s was a policy of containment and it worked while the United States was serious about pursuing it:  contributed to the economic implosion of the Soviet Union by raising the cost of subsidizing the Castro regime; demonstrated to other countries that expropriating U.S. businesses and properties had a cost; and saved U.S taxpayers billions of dollars that their Canadian, European and Latin American counterparts had to pay out when the regime proved to be a terrible credit risk time and time again. It is surprising that Mr. Vivanco overlooks these beneficial consequences of  the U.S. policy the Obama administration wants to scrap.

Mr. Vivanco also overlooks that the Obama administration, not only began to loosen sanctions on the Castro regime in April of 2009, but also refused to meet in June of 2009 with the winners of the NED Democracy Award who happened to be five Cuban dissidents that year. It was the first time in five years that the president of the United States had not met with the award laureates. In December of 2009 the Castro regime took Alan Gross hostage and the Obama administration responded with initial silence and it took American diplomats 25 days to visit with the arbitrarily detained American.


 Mr. Vivanco recognized that "Arbitrary arrests and short-term detention have increased dramatically" but failed to mention  that human rights have deteriorated in Cuba with rising levels of violence against nonviolent activists. including machete attacks, and the suspicious deaths of human rights defenders such as Orlando Zapata Tamayo (2010), Juan Wilfredo Soto Garcia (2011), Laura Inés Pollán Toledo (2011), Wilman Villar Mendoza (2012), Oswaldo Payá Sardiñas (2012), and Harold Cepero Escalante (2012).

Unfortunately, its not only Human Rights Watch that has not addressed what appear to be extrajudicial killings and physical assaults with machetes that have disfigured activists in the past couple of years goes unmentioned. Human Rights Foundation commissioned a study that found that from 2000 to 2014, Amnesty International’s Americas chapter "spent 56.5 percent of its output decrying U.S. injustices, but only 4.3 percent on a stone-cold dictatorship like Cuba that, up until last year, still had 114 political prisoners." 

The Obama administration responded to the taking of Alan Gross (2009) and the death of prisoner of conscience Orlando Zapata Tamayo (2010) by further loosening sanctions on the Castro regime in January of 2011.  The number of high profile activists who died under suspicious circumstances after the second round of loosening of sanctions should give one pause in Mr. Vivanco's optimism with the administration's new policy.

On February 3, 2015 Rosa María Payá Acevedo's testimony before the Senate Foreign Relations Subcommittee issues a damning indictment:
On 22 July 2012, Cuban State Security detained the car in which my father, Oswaldo Payá, and my friend Harold Cepero, along with two young European politicians, were traveling. All of them survived, but my father disappeared for hours only to reappear dead, in the hospital in which Harold would die without medical attention.

The Cuban government wouldn’t have dared to carry out its death threats against my father if the US government and the democratic world had been showing solidarity. If you turn your face, impunity rages. While you slept, the regime was conceiving their cleansing of the pro-democracy leaders to come. While you sleep, a second generation of dictators is planning with impunity their next crimes.
Mr. Vivanco claims that when it comes to the unilateral approach "[e]mpirical evidence shows that it was irrational to continue insisting on a policy that never achieved its proposed objectives," but history demonstrates otherwise. For the first time since 1959 the International Committee of the Red Cross was able to inspect Cuban prisons in 1988 and 1989. The last time that Amnesty International was allowed into Cuba by the Castro regime was in 1990 and in the case of Human Rights Watch 1995.  This was after the Reagan Administration undid the policies of the Carter administration and tightened sanctions on Cuba, engaged in aggressive diplomacy internationally, in 1982 placed Cuba on the list of state sponsors of terrorism, and broke the information monopoly inside Cuba with Radio Marti.  Human rights groups were welcomed back in the midst of a very different policy then the current one advocated by the White House. Human rights organizations were not invited to Cuba during the 2000 loosening of sanctions and diplomatic outreach by the Clinton administration. It will be interesting to see if this time the pattern changes or continues to be repeated umder the Obama administration.  


Setting the historical record straight

Fidel Castro overthrew the Batista regime on January 1, 1959 following a U.S. arms blockade being imposed on the military dictator. On January 7, 1959 the United States recognized the new Cuban government ushered in by the Castro brothers and had actively pressured Batista to leave imposing an arms embargo in 1958. The United States thought that it could have normal relations with the Cuban revolutionary government which was also a reason for recognition within the span of a week. In comparison it had taken the United States 17 days to recognize the government of Fulgencio Batista following his March 10, 1952 coup. The United States had not been consulted ahead of time about Batista's coup and this led to the delay in recognition. 

On March 3, 1959 the Castro regime expropriates properties belonging to the International Telephone and Telegraph Company, and took over its affiliate, the Cuban Telephone Company. On May 17, 1959 the government expropriated farm lands over 1,000 acres and banned land ownership by foreigners. On February 6, 1960 talks begin publicly between the U.S.S.R and Fidel Castro. The Soviet Union agreed to buy five million tons of sugar over five years. They also agreed to support Cuba with oil, grain, and credit. On July 6, 1960 the Castro regime passed a nationalization law authorizing nationalization of U.S.-owned property through expropriation. Texaco, Esso, and Shell oil refineries were taken. These policies combined with the Castro regime engaging the Soviet Union led the Eisenhower administration towards an embargo on Cuba and in 1960 exploring options to overthrow the new dictatorship that ended in the Kennedy Administration first with the Bay of Pigs fiasco and later Operation Mongoose overseen by his brother and attorney general, Robert Kennedy.

The Castro regime beginning in 1959 sent armed expeditions to Panama, Haiti, Nicaragua, Venezuela and the Dominican Republic to overthrow their governments. This destabilizing policy led a two thirds majority of the 21 states of Latin America voted to expel Cuba from the Organization of American States on February 14, 1963.   A cache of three tons of weapons was found on a Venezelan beach in November 1963 that was to be used to disrupt the democratic elections there.

Throughout the 1960s the policy of isolation and sanctions were also supported by much of Latin America because the efforts of the Castro regime to violently overthrow their governments led to hemispheric unity for a policy of isolation and sanctions.

Dictators Reynaldo Bignone and Fidel Castro
It can be argued that the efforts of the United States beginning in the Ford administration to normalize relations with the Castro regime, that were then accelerated and intensified during the Carter administration, contributed to weakening this hemispheric consensus and ironically opened the way for the Castro regime not only to overthrow a right wing dictator in Nicaragua installing a Marxist-Leninist regime there but also to a strange alliance with the right wing dictatorship in Argentina that at the time was "disappearing" 30,000 leftists.

This policy of détente was rejected by the Reagan administration in 1981 but would reassert itself first during the Clinton Administration beginning in 1994 when President Bill Clinton authorized permanent contacts and joint exercises with the Castro regime's military culminating when he shook hands with Fidel Castro in 2000 and opened cash and carry trade with the dictatorship loosening sanctions.  This was done in spite of tightening sanction in 1996 following the Brothers to the Rescue shoot down. This new period of engagement coincided with the rise of Hugo Chavez and reversals of the democratic gains made in the 1980s and early 1990s. During the George W. Bush Administration the cash and carry trade continued as did the joint military exercises. Even though in 2003 in the aftermath of the Black Cuban spring in which 75 dissidents were jailed following show trials the Bush administration responded by tightening sanctions limiting travel by Cuban exiles to Cuba and remittances. Despite this under the Bush Administration the United States became the fifth leading trade partner with the Castro regime in 2008.

Incidentally, it was in September of 2008 when Mr. Vivanco along with another Human Rights Watch colleague were both expelled from Venezuela.  Unlike the Castro regime, Hugo Chavez despite having normal trade relations with the United States was still playing the victim card as does Nicolas Maduro now. Both strong men have relied on the Cuban intelligence service and a large Cuban presence to prop up their regimes.

Fidel Castro lounging with war criminal Mengistu Haile Mariam, in Ethiopia in 1977
One could argue that it is this policy of engagement and detente with the Castro regime over the years that served to empower other anti-democratic actors in the region with the aide of the Cuban intelligence service and military. These are the gains that are isolating the United States not economic sanctions. It is important to recall that the long term policy goals first enunciated by Fidel Castro on July 26, 1959 continue into the present: "We promise to continue making Cuba the example that can convert the cordillera of the Andes into the Sierra Maestra of the American continent." The Cuban dictatorship has also pursued an ambitious foreign policy in Africa, that in the case of Ethiopia contributed to famine and mass murder, while relations improved with the Carter administration in the 1970s.

If the Obama administration achieves its goal of lifting sanctions on the regime, and as was done by the Bush administration with North Korea, remove Cuba from the list of terror sponsors as part of a political agenda and not improved behavior then not only will the human rights situation in Cuba remain dismal but the human rights situation in the Americas will continue to deteriorate. With all due respect to Mr. Vivanco this promises to be a disaster.

Sunday, April 5, 2015

Rosa María Payá warned by Panama's State Security not to cause "any trouble"

Cuban activist held at airport and threatened with deportation to Cuba if she causes any trouble

Manuel Dominguez Secretary of Communication of State apologized for the incident 

On Easter Sunday the news announced by Rosa María Payá Acevedo over twitter at 10:28am that she had been detained at the airport by Panamanian National Security circulated over social media sparking a storm of attention and online activism.

The Cuban human rights activist had arrived in Panama to attend a parallel forum to the Summit of the Americas titled "Youth and Democracy"with other youth activists from Latin America speaking on the panel: "Youth participation with proposals for democracy and the strengthening of good governance."


Rosa's tweets translated to English along with the time sent and linked to the original Spanish text are reproduced below providing a chronology of what transpired in real time.
Rosa María Payá:  National Security of Panama detains me at the plane door. 10:28am 4/5/2015

Rosa María Payá: "You will be deported to Cuba if you cause any trouble, you carry a banner ...Go to your country to stir up trouble" threatens the agent. 10:30am 4/5/2015

Rosa María Payá: Now they put me in detention, say they are checking my documents, I'm somewhere in the Tocumen Airport. 10:31am 4/5/2015

Rosa María Payá: They searched everything I had in my bag, even my underwear. For a moment they took from my sight my personal agenda with all my notes. 10:40am 4/5/2015
At 12:28pm the Panamanian National Immigration Service tweeted:  "The National Immigration Service reports that it has not denied entry retained anyone coming to participate in Summit." However on the same day the Panamanian Foreign Ministry released a statement contradicting the previous tweet:
The Foreign Ministry apologizes for any bureaucratic error committed in the terminal area and has taken measures to prevent its recurrence. Additionally, at this time contacting the persons who experienced the inconveniences to reiterate that the policy of Panama in making the VII Summit of the Americas a great gathering of the Continent. 

 The former Panamanian ambassador of the Organization of American States, Guillermo Cochez, over twitter reported at 12:53pm CST that Payá was freed and heading to her hotel.

Nearly four hours after she first reported her detention over twitter the Cuban pro-democracy activist reported that she was no longer in custody giving thanks to all who had made her plight known.
Rosa María Payá: Thank you all for your solidarity, I'm alright. Finally entered Panama officially under threat of PanamanianCuban state security. 2:39pm 4/5/2015
The question that presents itself in today's unfortunate incident is what "trouble" could Rosa María Payá stir up in Panama?  She has launched a new initiative called #CubaDecide that makes the case that the voice of the Cuban people needs to be taken account not just the Cuban general at the head of a dictatorship that has been in power for 56 years.



Speaking truth to power in the interests of justice, human rights and freedom has on many an occasion been denounced as "stirring up trouble."  Despite the claims of the Panamanian migration service there have been other activists detained and harassed in the days leading up to the Summit of the Americas. Rosa reported over twitter tonight:
Rosa María Payá: Delegation of Cubans also retained yesterday. Activist & friend Mica Hierro was also threatened with deportation, in her case to Argentina. 7:58pm 4/5/2015
Tonight Mica Hierro over twitter offered her own observation on the behavior of the Panamanian authorities: "It would appear that coming to Panama to talk of democracy and human rights is to disrupt the public order."

Thursday, April 2, 2015

Amnesty International issues urgent action for Cuban prisoner of conscience Ciro Alexis Casanova Pérez

UA: 77/15 Index: AMR 25/1379/2015 Cuba

Date: 2 April 2015



URGENT ACTION
POLITICAL DISSIDENT MUST BE RELEASED

Ciro Alexis Casanova Pérez has been detained in Cuba since June 2014. He was sentenced in December 2014 to one year’s imprisonment for “public disorder”. Amnesty International considers him a prisoner of conscience, imprisoned solely for peacefully exercising his right to freedom of expression.

On 5 June 2014, Ciro Alexis Casanova Pérez, a political dissident and activist who is a member of various independent organizations in Cuba, organized and participated in a demonstration in the streets of Placetas, Santa Clara Province, in central Cuba. He displayed a banner which stated “Student Revolutionary Directorate”(Directorio Revolucionario Estudiantil , DRE)and shouted slogans against the government such as “Down with the revolution!”(Abajo la Revolución); “Down with Fidel, down with Raúl Castro!”(Abajo Fidel, abajo Raúl). Ciro Alexis Casanova Pérez was arrested and subsequently released on the same day, however on 12 June 2014, the District Attorney of Villa Clara placed him under house arrest on accusations of “public disorder.”

On 15 June, in order to visit his father on Father’s Day, Ciro Alexis Casanova Pérez called the local police station to request temporary permission to leave his house. Although the officer in charge gave him verbal authorization, Ciro Alexis Casanova Pérez was arrested by a police patrol while on his way to his father’s house.

In September 2014, the Attorney General’s office charged him with “public disorder”,(desorden público) “public disorder of a continuous nature”,(desordenes publicos de carácter continuado) and “disrespect” (desacato), and demanded he be given four years’ imprisonment. Ciro Alexis Peréz Casanova was tried in November 2014 at the Popular Municipal Court of Placetas which convicted and sentenced him on 30 December to one year’s imprisonment. The Court rejected the accusations of “disrespect“ and of “public disorder of a continuous nature“, and only found Ciro Alexis Casanova Pérez guilty of “public disorder“. He has been serving his sentence at El Pendiente prison until he was moved to Manaca prison in February 2015. Both are situated in Villa Clara province. Amnesty International considers this sentence to be politically motivated, relating to his peaceful exercise of his right to freedom of expression, and that it is intended to send a message of intimidation to other government critics.

Please write immediately in Spanish or your own language:

- Calling on the authorities to release Ciro Alexis Casanova Pérez immediately and unconditionally, as he is a prisoner of conscience, imprisoned solely for peacefully exercising his right to freedom of expression;
- Calling on them to repeal all legislation which unduly limits freedom of expression, assembly and association;
- Urging them to ensure that, pending his release, he is not tortured or otherwise ill-treated; that he is granted regular access to family and lawyers of his choosing; and provided with any medical care which he may require.

PLEASE SEND APPEALS BEFORE 14 MAY 2015

TO:
President of the Republic
Raúl Castro Ruz
Presidente de la República de Cuba
La Habana, Cuba
Fax: 011 41 22 758 9431 
 (Cuba office in Geneva);
212 779 1697
(via Cuban Mission to UN)
Email: cuba@un.int
(c/o Cuban Mission to UN)
Salutation: Your Excellency

Attorney General
Dr. Darío Delgado Cura
Fiscal General de la República
Fiscalía General de la República
Amistad 552, e/Monte y Estrella
Centro Habana
La Habana, Cuba
Salutation: Dear Attorney General

And copies to:

Minister of Interior
General Abelardo Colomé Ibarra
Ministro del Interior y Prisiones
Ministerio del Interior
Plaza de la Revolución
La Habana, Cuba
Fax: 212 779 1697 (via Cuban Mission to UN)
Email: correominint@mn.mn.co.cu

Also send copies to:
Cuba does not presently have an embassy in the United States.
Instead, please send copies to:
Embassy of Switzerland, Cuban Interests Section
2630 16th Street NW, Washington, D.C. 20009
Tel: (202) 797 8521
I Fax: (202) 797 0606
Email: recepcion@sicuw.org

Please let us know if you took action so that we can track our impact! EITHER send a short email to uan@aiusa.org with "UA 77/15" in the subject line, and include in the body of the email the number of letters and/or emails you sent, OR fill out this short online form (press Ctrl + click on link) to let us know how you took action. Thank you for taking action! Please check with the AIUSA Urgent Action Office if sending appeals after the above date.

ADDITIONAL INFORMATION

The right to a fair trial in Cuba is affected, especially in trials with political connotations, as courts and prosecutors are under government control. Cuba’s National Assembly elects the President, Vice-President and the other judges of the Peoples’ Supreme Court, as well as the Attorney General and the Deputy Attorney General. In addition, all courts are subordinate to the National Assembly and the Council of State, raising concerns over internationally recognized standards for fair trial and the right to trial by an independent and impartial tribunal.

The Cuban Criminal Code criminalizes a broad range of activities under the provisions dealing with public order (Title IV). Some Title IV provisions are worded and interpreted by the courts in ways that allow the imposition of unnecessary restrictions on freedom of expression. The Criminal Code gives a very broad interpretation of public order, allowing the authorities to invoke this provision to arbitrarily restrict freedom of expression in both public and private spaces. Article 200 states: “Any person who, without justifiable cause raises the alarm or makes threats against the general public in public places or at shows or large meetings, shall be subject to between three months and a year’s imprisonment or a fine... or both (El que, en lugares públicos, espectáculos o reuniones numerosas, dé gritos de alarma, profiera amenazas de un peligro común o realice cualquier otro acto con el propósito de provocar pánico o tumulto, incurre en sanción de privación de libertad de tres meses a un año o multa de cien a trescientas cuotas o ambas).

Public disorder charges are commonly used to punish the exercise of freedom of expression and criticism of the authorities. Under international human rights law, governments must justify measures that limit the right to freedom of expression.

In December 2014 the United States of America and Cuba announced the decision to “normalize” their diplomatic relations and since then, representatives of both governments have held a number a bilateral negotiations in Cuba and the USA. On 31 March 2015 delegations met in Washington DC, “ to discuss the methodology, topics, and structure of a future human rights dialogue” according to the US Department of State. It follows the release in January 2015 of more than 50 political prisoners in Cuba including five men considered by Amnesty International to be prisoners of conscience.

Name: Ciro Alexis Casanova Pérez(m)
Issues: Prisoner of conscience. Freedom of expression, Unjust imprisonment

UA:77/15

Issue Date:2 April 2015
Country:Cuba


Text taken from:  http://www.amnestyusa.org/sites/default/files/uaa07715.pdf

Alert: 3 former political prisoners missing in Cuba

Human rights alert in Cuba

 
Update April 2, 2015 at 10:00pm: They have been released

 Via Uncommon Sense and the Cuban Democratic Directorate:

Three former Cuban political prisoners -- Egberto Ángel Escobedo Morales, Jorge Luís García Pérez “Antunez” and Iván Fernández Depestre were arrested Wednesday as they left the Panamanian embassy in Havana, according to the Cuban Democratic Directorate.

Why the activists were at the embassy wasn't clear, but it probably is more than a coincidence that Panama next week will host the Summit of the Americas, which has been billed as the coming out party for normalized relations between Cuba and the United States. Several Cuban dissidents are expected to participate in side events during the summit designed to highlight the poor human rights situation on the island.

As of early Wednesday evening, the whereabouts of Escobedo, Antunez and Fernandez were not known.

Wednesday, April 1, 2015

Cuba polls in the age of sentiments

For us, there is only the trying. The rest is not our business. - T.S. Eliot, East Coker (1940)


 In 1983 the American man of letters, Russell Kirk, wrote that the age of discussion was giving way to the age of sentiments that was now dominated by television. 32 years later when observing any public "discussion" one finds that it is defined by sentiment and not argument. The debate over vaccines is a dramatic example with grave real world consequences but it is being driven by feelings and not facts. In this world where policy is driven by sentiments and celebrity but not a dialogue on the facts, the goal of those in power is to shape sentiments.

In the current debate over U.S. policy on Cuba dueling polls compete to impact public sentiment and the numbers, depending on what questions are asked and what information is imparted produces different outcomes.

At the same time, as in the vaccine debate, there are real world consequences. For example, the forces advocating the end of economic sanctions on the Castro dictatorship produced push polls that convinced candidate Charlie Crist in his run for governor of Florida to support ending the embargo and announce that he planned to go to Cuba. As reality hit and his numbers dropped the trip was put off but in the end Crist lost despite running against the unpopular incumbent Rick Scott in a tight race because of the Cuban vote.

The belief that ending economic sanctions and downplaying the Castro regime's continued role in international terrorism as it undermines human rights everywhere may in the short term generate positive sentiments and the image of a foreign policy win for the Obama administration. Sadly the real world consequences since 2009 of loosening sanctions have meant murdered opposition leaders, a worsening human rights situation in Cuba and democracy in retreat in the Americas.

Instead of appealing to the sentiments of avarice, anger, pride and envy persons of principle should seek to appeal to higher sentiments of wisdom, understanding, counsel, fortitude, and knowledge that will help to make the world a better place.