Photo by David Garten
On the first anniversary of President Obama's announcement of new provisions for purposeful travel (1/17/11), the picture is hopeful but murky. The Office of Foreign Assets Control (OFAC) led by Adam Szubin, a career civil servant appointed during the Bush Administration, does not publish a monthly updated list of licensees on its web site as it does of Travel Service Providers, nor does it even furnish periodic statistical data.
Based on a data base provided by OFAC to blogger Tracey Eaton under the Freedom of Information Act, it appears that in 2011 OFAC approved 440 applications from 289 organizations, about 1/3 of the total submitted or resubmitted. Good governance or an overly restrictive mind-set? (The data base is here and a list of licensed organizations here. )
Some are not for profits with decades of involvement like the Center for Cuban Studies. Others, like National Geographic, are broad based tour operators reincorporating Cuba in their portfolio. A few offer frequent open enrollment trips, most notably Insight Cuba. More take only their own members like university alumni associations and chambers of commerce. Not even OFAC knows how many universities and religious organizations have taken advantage of the general license as these groups have no obligation to request its approval or report their trips. The result is that every American can, with diligence, find a legal albeit costly way for purposeful travel to Cuba.
The President’s announcement permitted any US airport that handles international flights to serve as a gateway to Cuba for charter flights. About a dozen have been approved by US and Cuban authorities. Tampa has proven most successful and its officials are proactive, in contrast to Miami which grudgingly profits from its primacy. However, charter flights from Atlanta, Chicago and a second one from JFK have been suspended and those from other cities without a large Cuban American population have never begun. The weekly Baltimore-Havana flight that starts March 21 will find it challenging to sustain itself unless the White House further liberalizes travel for the rest of us. (Full schedule of flights prepared by Marazul here.)
A major error by the White House was to leave too much discretion in the hands of OFAC, the understaffed inherently distrustful embargo enforcement arm of the Treasury Department. OFAC is proving to be a choke point rather than a facilitator, perhaps made ever more cautious by rising complaints from hard line opponents of travel in Congress.
Article 1 of the United States Constitution recognizes Congress as the first branch of US democracy, with the executive and judiciary following behind. Bicameralism was a central concept of the 1787 constitutional pact. It was seen as a republican “remedy” against potential abuses of legislative despotism. If the House was conceived to express the direct mood of the people, James Madison envisioned the Senate as a high chamber of “enlightened individuals” that would operate with “more coolness, with more system and with more wisdom, than the popular branch”.
But a conspicuous gap has emerged between the founders’ design and the reality of some of today’s Senators. Poll after poll shows that the public holds Congress in low esteem. In the view of many Americans, some Senators not only reflect a polarized public but also contribute to making the system dysfunctional by abusing procedures, such as the unanimous consent rule, in pursuit of personal or parochial gains or to settle personal vendettas, rather than to defend national interests.
The Cuban community's representation in US politics has been remarkable over the last decade. No place is this more evident than in the Senate. Although the 1.8 million Cubans living in the US only represent 4 % of the Hispanics and less than 0.6 % of the US general population, they have managed to elect three Senators since 2004. The first was Mel Martinez, a moderate republican from Tampa who served as HUD secretary during the first term of George W. Bush. Second was Robert Menendez, a congressman from New Jersey who was appointed by the state governor and successfully ran for reelection in 2006. After Martinez’s retirement in 2010, Florida elected Marco Rubio, a former speaker of the state House.
The phrase “exercise in futility” can easily be applied to to the United States' half-century old embargo of Cuba. But lately there is an even more disconcerting trend among U.S. policymakers, which can best be described as conducting our fruitless policy toward Cuba with “eyes wide shut.”
How else to describe the recent comments from senior USAID and State Department officials in response to a blistering - and vital - critique of U.S. taxpayer-funded democracy programming in Cuba, which was published in The Miami Herald by Fulton Armstrong, a former senior staff member to Senate Foreign Relations Committee Chairman John Kerry? USAID's Mark Feierstein and State's Michael Posner responded to the criticism, which they have the right and responsibility to do, but their response is another disappointing indication that this administration remains inexplicably committed to a policy of willful ignorance when it comes to Cuba. (The president himself has made comments in the past year - decrying Cuba's lack of movement on political prisoners and on the economy - which made him sound as if he hasn't been briefed on the subject since taking office.)
In their letter to The Miami Herald, Feierstein and Posner argue that USAID's Cuba program is "comparable" to other democracy programs in the world. They neglect to mention that, unlike other USAID programs, the Cuba program is authorized under what amounts to a regime change mandate (see the Helms-Burton Act, sections 205 and 109), which is likely why, unlike in other less-than-chummy host countries that seem to tolerate U.S. democracy programming, USAID has no office on the ground and no cooperation agreement with the host government.
Feierstein and Posner also neglect to mention that it was this very regime change mandate - which underpins USAID's Cuba program and under which Alan Gross traveled at least 5 times to Cuba - that helped land the Maryland subcontractor in a Cuban jail cell more than two years ago, and not, as they argue, because he was “helping Cubans access the Internet.” It may be true that the Cuban government wants to limit most or certain Cubans' access to the internet, and it may even be true that this was the real reason why Mr. Gross was arrested. But denouncing Cuba's motivations doesn't help free Mr. Gross.
Helping Alan Gross to understand Cuban law before he traveled to the island would have better served him. Instead, Feierstein and Posner disingenuously suggest that we can choose not to accept Cuban law. In what other foreign country may a private American citizen flout local national security laws and expect to go free because the United States government thinks it's an unfair law? Surely Feierstein and Posner can't be unaware of this advise offered to any traveler on the State Department website: “While in a foreign country, you are subject to its laws.” Or, of the warning USAID gave to grant applicants in 2008 that Cuba might harshly sanction Cubans or foreigners carrying out activities under Section 109 of the Helms-Burton Act.
Ten years ago, family-run paladar restaurants, were the (shrinking) bastion of cuentapropismo in Cuba, tiny, over-regulated oases of creativity and the-customer-knows-best level service. More than one government official, Havanatur van or state-owned taxi in those days discouraged patronage and a few even declined to take me and groups with which I traveled to paladars. (Though, certainly, many others obliged us without a second thought.) Those days are clearly gone – and good riddance.
On my way to one paladar last week, our taxi driver fielded a few questions about the changing Cuban economy and his role in it. He pays 31 CUC a day to rent his taxi from the state, and after paying for gas and maintenance, he still clears about 15-20 CUC a day. That means he makes in one day what the average Cuban without access to hard currency (or to CUCs) makes in a whole month. We asked what he thinks about the changes afoot in Cuba, and whether he feels hopeful, or perhaps that change has come too little, too late to the island. He expressed optimism, offering this candid response: “Yo creo en Raul. Nunca creia en Fidel.” (I believe in Raul. I never believed in Fidel.)
That comment was followed by one even more ubiquitous; everwhere you go, more Cubans are saying things like, “If I work hard, I'll make more money.”
I would like to share with the readers of the Havana Note this interview with Douglas Fehlen from Education-Portal.com. The direct link to the interview is at the end of the text:
Scholar Advocates for Increased Academic Partnership Between U.S. and Cuba
Jan 12, 2012
In January, President Obama lifted restrictions on academic travel to Cuba, making it easier for students to partake in educational exchanges with the island country. To get an expert's perspective on that decision, Education-Portal.com spoke with Arturo López-Levy, Ph.D. candidate and research associate at the University of Denver's Josef Korbel School of International Studies. López-Levy is a passionate advocate for increasing shared educational opportunities between the U.S. and Cuba.
Education-Portal.com: In a ForeignPolicy.com article, you praised President Obama's January decision to ease restrictions on academic travel to Cuba. Why do you support this policy change?For decades, the United States has maintained no formal diplomatic relations with Cuba, enforcing severe travel and trade restrictions against the country all the while. Arturo López-Levy, Ph.D. candidate and research associate at the Josef Korbel School of International Studies, is a longtime critic of American policy toward the Caribbean nation. The University of Denver scholar believes that recent changes in American policy - including relaxed regulations on educational, cultural and religious travel - have the potential to transform the relationship between the two countries.
I was in Cuba three times in 2011 and have visited at least annually for the past 15 years. From numerous private conversations with old friends and random encounters I received an impression of growing optimism that real changes were finally underway. There is also a discernible growth of small scale entrepreneurial activity.
Two lengthy year end reviews of economic change in Cuba in the Miami Herald convey a similar perspective.
* by Paul Havens head of the Associated Press bureau in Havana here
* by the Herald's own Mimi Whitfield here
Based on extended personal observation in Vietnam, Laos and Cambodia during the years of their economic transformation, I see a similar process beginning in Cuba that gathers momentum from its success and learns from its mistakes. Everything will be justified as being done to strengthen socialism, just as the Vietnamese and Chinese still do, but as the process continues socialism takes on new forms and functions and society becomes more open.
It took the US eight years to recognize the significance of Vietnam's policy of doi moi (renovation) and lift our unilateral embargo. I hope we are not equally obtuse with Cuba. So far the signs are not encouraging.
President Obama could today easily use his power to really open travel for average Americans, end OFAC restrictions on Cuba's international use of the dollar (allowing $ CUC parity) and other extraterritorial annoyance measures, and make an exemption to the embargo for sales to and purchases from the emerging private sector.
Aside from the Pope's announced visit to Cuba, and some bits of news on the economic front - like need-based aid for Cuban home renovations - there isn't much in the way of news you can use out of Cuba. For instance, Fidel Castro didn't die, despite the trending on Twitter earlier this week. But, if you're nonetheless curious for something to read on the world's most inaccurately foretold death, Fernando Ravsberg obliges over at The Havana Times, reminding us just how often Fidel Castro has (er, has not actually) died in the media., and analyzing how a journalist knows what and when to report, and in the process, explaining the many paradoxes of Cuba.
Back to news you can't use, we return to the U.S. Congress. Rep. Ileana Ros-Lehtinen, Chairwoman of the House Foreign Affairs Committee, is not happy with the Smithsonian Institution, which is hosting several learning tours to Cuba this year. With travelers paying $5,400 each to join the trips, I think Ros-Lehtinen can rest assured that no taxpayer funds were used to arrange these trips - surely that's enough dough to cover the staff time! I kid, but I can't think of why else this latest huff by a Cuban American member of Congress made both The Hill and the The Washington Post blogs, other than for the possibility of a congressional hold on funds for a beloved, venerable U.S. institution. (The Washington City Paper also picked it up, but noted that the Smithsonian's travel division isn't federally funded. Oops.)
Speaking of travel, Pope Benedict XVI has finalized his agenda for his upcoming visit to Cuba later this spring. His trip coincides with the 400th anniversary of the discovery by Cuban fishermen of the image of La Virgin de la Caridad del Cobre (so dubbed for the copper mining town in which the shrine now housing La Virgin can be found). As such, El Cobre will be his first stop in Cuba, upon his arrival to Santiago de Cuba, on the east side of the island. I've been to El Cobre - it's an amazing place (and I'm not even Catholic). Imagining everything that goes with a Papal visit anywhere, but especially to a site like this in the Cuban countryside, I'm incredibly excited for the people of El Cobre, of Santiago de Cuba, and from all over the island who will likely travel to see the Pope make this important pilgrimage.
Finally, writing in the Huffington Post, Yoani Sanchez offers up the year past in review. It's not a pretty picture, not only for the increasing harassment and detentions of Cuban dissidents - and of course, the sudden passing of Ladies in White leader Laura Pollan - but also because Sanchez gauges little hope from Raul Castro's economic reforms (or, "updates", as I've previously noted the government calls the ongoing process) among Cubans in the street. (The latest just announced reforms include opening more professions up to self-employment on January 1, and the establishment of a government fund for need-based home construction/renovation aid.) It's a pessimistic view, and not hard to imagine given how long the Cuban people have been waiting for an economic system that works for them. So, I'm looking forward to being in Havana next week and gauging the changes - and how people have greeted them - for myself. While I may be too busy to blog it while I'm there, I hope to come back with lots to write about.
Last week thousands of Cuban-Americans, along with a coalition of US groups that advocate a more responsible policy of engagement and dialogue with Cuba, successfully mobilized and dealt the pro-embargo faction a defeat that may be historical. The White House's resistance to Mario Diaz-Balart's amendment, which sought to use the 2012 spending bill as a vehicle to roll US policy on Cuban-American family visits to Cuba back to the Bush era, forced it to be withdrawn.
During the Bush days, thousands of honest Cuban-American citizens and US residents, who pay their taxes and love their adopted country, were forced to violate the law. Cuban-Americans had to go through a third country and lie to the authorities of the democracy in which they live in order to attend a birthday, a bar-mitzhvah, a christening, a wedding, a funeral or just visit their loved ones. Cuban-American legislators want to send the Cuban-American community, which they supposedly represent, back to that shameful time of constant attacks on American values and frequent violations of Article 13 of the UN Declaration on Human Rights and Article 12 of the International Covenant on Civil and Political Rights.
Freedom of travel for Cuban Americans, and their right to financially help family members, won a big victory on Friday.
Because of the determination of President Obama, language drafted by Cuban American hard liners to drastically reduce family travel and remittances to Cuba to punitive Bush levels was withdrawn from the omnibus spending bill.
In addition to the palpable human benefit in Cuba and the US, this could be a watershed of the Administration directly and successfully confronting the extremist position that has for too long dominated US policy on Cuba.
The lesson a Cuban observer took in a personal message:
“The Cuban-American lobby is powerful as long as they have no opposition, it is the US executive branch decision to stop them or not. Once again it is proved that the ultimate driving force behind US Cuban policy is not Miami, but Washington. They are powerful when a national interest or an executive policy is not involved. When it is, they are left aside. However, both in Washington and in the Cuban TV Mesa Redonda (weird coincidence) people keep saying the opposite.”
This was not a slam dunk as reported in The Hill
A senior Democratic appropriator, Rep. Jose Serrano (D-N.Y.), pointed to a dispute over travel restrictions to Cuba as the last sticking point, voicing amazement that the communist island still divided Congress. “Technically we’ve got one issue holding up the package, and it’s Cuba again, 52 years later,” Serrano told reporters.
He said House and Senate negotiators had agreed to eliminate a provision reinstating a longstanding travel ban loosened by President Obama, but that Boehner’s office intervened. “The Speaker has made it a priority,” Serrano said.
and in the Boston Globe
The White House declined to allow Democrats to sign off on the bill until restrictions on travel to Cuba were removed
The Obama Administration is often attacked by its progressive base for compromising too easily with Republican conservatives, so why did it choose to take a strong and highly visible stand on Cuba?
1) Credibility The White House lay down a marker on July 13th with a Statement of Administration Policy
If the President is presented with a bill that …reverses current policies on Cuba, his senior advisors would recommend a veto. …
Cuban Family Travel and Remittances. The Administration opposes section 901 of the bill, which would reverse the President's policy on family travel and remittances to Cuba. This section would undo the President's efforts to increase contact between divided Cuban families, undermine the enhancement of the Cuban people's economic independence and support for private sector activity in Cuba that come from increased remittances from family members, and therefore isolate the Cuban people and make them more dependent on Cuban authorities.
2) Constituency A last minute campaign spearheaded by the Latin America Working Group mobilized support among pro travel activists for the White House to hang tough. President Obama’s most visible ally in the Miami old guard, the Cuban American National Foundation, took a similar position. The pro-engagement faction of dissidents and bloggers also weighed in as Juan Tamayo reported in the Miami Herald
3) Politics Cuban American travel and remittances are a decisive wedge issue in the hotly contested Florida Presidential vote. (see below)
4) Strategy Whether the Administration is trying to use Cuban American family ties and dollars as a new vehicle for regime change (as its rhetoric suggests), or as a means of opening the door for bilateral reconciliation (as extremist exiles fear), this opening is a game changer that it could not afford to lose.
Whenever someone asks me why we have the same anachronistic policy toward an island nation 90 ninety from our shores that we have had for half a century, I generally tell them that Cuba simply "doesn't matter." In a big-picture sense, our policy hasn't changed (or has only gotten hotter) since the Cold War ended and left two combatants behind on the field.
But this week, Cuba finally mattered, and it tested the resolve of a U.S. president. After nearly a week of brinksmanship over bigger, far more sensitive issues played out, there were a slew of bills ready to be packaged and voted on by a weary, anxious-to-get-out-of-here Congress, but for a provision that would have ruined the Christmas and New Year holidays for thousands of Cuban Americans and their families in Cuba. But after House Republicans filed a bill yesterday morning offering Democrats a take-it-or-leave it choice on their Consolidated Appropriations Bill for FY 2012, a White House seeking to protect a campaign promise fulfilled - unrestricted family travel to Cuba - prevailed, and the House leadership agreed to remove the offending provision if Senate Democrats would then move the agreed upon bill. The bill to be voted on is here, and the Cuba provision that had been in Division C (Section 634) is gone.
Count me among those who doubted the president and the congress. Not at first, of course. For months I thought the president's advisors' veto threat was enough to settle the Cuba question early. But for the Cuba provision to stay in the bill nearly to the very end tells us that the House Republican leadership -presumably urged on by Rep. Ileana Ros-Lehtinen and Rep. Mario Diaz-Balart - believed the president and the Senate Democrats would cave. It also reminds us how very much Cuba matters to a certain few. It was a sobering reminder to all the Cuban Americans these few claim to represent how very far these representatives would go to pursue their personal ideology on Cuba - regardless of whom in their districts it might harm.
The White House stood firm and stood up for those Cuban Americans, and Senate Majority Leader Reid stood by the president (he's not exactly a Cuba sanctions reformer). But there were casualties, to the lobby no one expected to lose.