Vernon Seymour
AMERICAN efforts to strengthen its economic blockade on Cuba by penalising foreign businesses that trade with the Caribbean state, have come under severe criticism from the World Trade Organisation. Last week US President Bill Clinton, under pressure from foreign allies, suspended part of the operation of the Helms-Burton anti-Cuba law — which tightens the 35-year-old economic embargo against Cuba — for six months. This was an attempt by the US to placate international opposition to its anti-Cuba laws.
The US is now almost alone in the world with its blockade. In the last United Nations general assembly vote condemning the blockade (taken for the fourth consecutive year), only the US, Israel and Uzbekistan rejected the voice of world opinion. Votes in favour of the resolution have grown from 59 in 1992 to 117 in 1995.
The Helms-Burton Bill seeks to discourage companies from doing business with Cuba by banning their executives, agents and families from visiting the US. The law is named after its conservative Republican authors, Senator Jesse Helms and Congressman Dan Burton. It codifies the existing US economic embargo, which means that it cannot be lifted by a president without the approval of congress.
The legislation also allows lawsuits to be filed in US courts against foreign firms that own or administer property of US citizens nationalised by the Cuban government after the 1959 revolution.
What is the possible impact of this law on the international community? The Helms-Burton law is not just directed against Cuba, but all who desire to exercise relations, trade with and invest in Cuba. The extra-territorial dimensions of the law is also an effort at legislation that goes beyond national boundaries and violates the laws of many countries which had nothing to do with promulgating it. It extends the powers of US courts over the activities of non-American companies outside the US.
Let us consider the response of the international community. The Organisation of American States (OAS) broke with its entire history earlier this year when every member except the US voted to criticise the US for intensifying the blockade against Cuba.
The European Union (EU) has already filed a complaint with the World Trade Organisation regarding the blockade. Individually, many EU nations have expressed outrage about the legislation and have threatened their own reprisals.
Canada, however, has adopted the strongest action. It has proposed changes to its laws that would allow counter-suits, to recover damages awarded by American courts under the Helms-Burton law.
Like South Africa, the majority of the countries that are now opposing the US legislation, are concerned about a peaceful transition to democracy in Cuba.
Although scorned by many, Cuba’s social achievements are undeniable: education, health and social welfare have been delivered to its people. Cuba is a reminder to the world that there is an alternative to organising society.
Cuba has given ample proof of its desire to make headway in the search to resolve international concerns. We in Southern Africa can attest to that. Cuba’s support for Resolution 435, which culminated in Namibia’s independence, is now a matter of public record.
What about a South African response?
Since the early 1960s, the Cuban government offered unflinching support to the mass democratic movement. It is ironic that, at a time when we have achieved a new democratic order, it is Cuba which finds itself in dire need of assistance. South Africa should join the chorus of world opinion but should not limit its response to mere condemnation of the Helms-Burton law. It should urge the US to negotiate a diplomatic settlement which will result in an end to the blockade.
The US and Cuba have in recent years engaged in negotiations and have signed agreements around issues of illegal emigration. Those initiatives should be broadened to include discussions on the economic blockade.
Pressure should be put on the US in bilateral talks and at multilateral forums. If the world allows the blockade to continue indefinitely, the reconstruction of Cuba’s economy will be near impossible, and will present huge challenges for any future political dispensation. Fortunately, the response of the international community is instructive. They have sent the US a strong message. It deserves our support.
Vernon Seymour is a senior research fellow at the Centre for Southern African Studies at the University of the Western Cape
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