U.S.-Cuba: You Can’t Get There from Here

By William M. LeoGrande

ventas en cuba

Small Business in Cuba / Alberto Yoan Arego Pulido / https://www.flickr.com/photos/albertoyoan/8775169259

U.S. President Donald Trump’s new economic sanctions against Cuba, imposed earlier this week, include limits on travel and family remittances aimed at crippling the Cuban economy and causing regime collapse, but the biggest losers are the small entrepreneurs, intellectuals, and artists who have been agents of change on the island. Senior administration officials, foremost among them National Security Adviser John Bolton, have been explicit that the goal is to rid the hemisphere of “socialism,” starting with the government of Venezuela and proceeding to Cuba and Nicaragua. Bolton previewed the new sanctions in Miami on April 17  – the anniversary of the failed Bay of Pigs invasion. Now we know the details.

  • Remittances, which were unlimited under President Barack Obama, will be limited to $1,000 per recipient household every quarter – enough to supplement a family’s meager state salary, but not enough to start and sustain a business. The new limits will hit Cuba’s nascent private sector hardest because funds from the United States were the start-up capital for many small businesses, and their supply chains reach back through Miami.
  • Trump has eliminated the people-to-people category of educational travel, which Bolton denounced as “veiled tourism.” This category covered educational tours not involving academic credit – tours run by organizations like National Geographic, the National Trust for Historic Preservation, and the Smithsonian. Authorized originally by President Bill Clinton in the 1990s, people-to-people travel was eliminated by President George W. Bush in 2003, in response to complaints from conservative Cuban-Americans in South Florida. President Obama restored it in 2011. Trump, like Bush, appears to be pandering to the Cuban American Republican base in Miami in the run-up to the next presidential election. Last year, 638,000 U.S. residents who were not Cuban Americans traveled to Cuba – at least two-thirds if not more under a people-to-people license, mostly on cruises, which Trump also banned. These new travel restrictions will cost Cuba upwards of $300 million dollars annually in lost revenue.

Cuba’s private sector will suffer disproportionately from these measures. In addition to losing start-up capital and access to supplies, these businesses will lose their principal client base. U.S. travelers arriving by air are more likely stay in Airbnb rentals and eat at private restaurants than the Canadians and Europeans who come on tourist vacation packages and stay at the big hotels on the beach. Trump’s first restriction on people-to-people travel in 2017, banning individuals from designing their own people-to-people trips, caused a 44 percent slump in private B&B occupancy. The new restrictions will wipe out many of them.

  • U.S. business and people will take a hit too. In 2017, Engage Cuba, a coalition of business groups favoring trade, released an analysis concluding that U.S. visitors to Cuba generated $1.65 billion in revenue annually for U.S. businesses and accounted for more than 12,000 U.S. jobs in the hospitality sector, most of which would be lost if Trump cut off travel. Most importantly, the new restrictions deprive most U.S. citizens of their constitutional right to travel, a right affirmed by the Supreme Court in 1958 in Kent v Dulles. The Court said the right should be limited only in cases of dire threats to national security.

As usual, tougher economic sanctions will make life tougher for ordinary Cubans, but sanctions won’t bring down the Cuban government, which has survived the U.S. embargo for half a century. Economic hardship and U.S. hostility will heighten Cuban leaders’ sense of being besieged, making them less likely to reform the economy or allow any expansion of free expression. Economic, professional, educational, and cultural ties between people in the United States and their counterparts in Cuba will be harder to sustain, impoverishing both. Cuba’s private entrepreneurs, who could be an engine for economic transformation and who Trump claims to support, will suffer from the loss of business from American travelers. U.S. travel companies will lose access to one of the biggest and fastest-growing tourism markets in the Caribbean. But maybe, just maybe, this latest assault on the liberties of Americans by the Trump administration will motivate Congress to finally pass a “Freedom to Travel” bill, assuring that no president can take away the constitutional right to travel just because he thinks it will help him win re-election.  

June 6, 2019

* William M. LeoGrande is Professor of Government at American University.

Cuba: U.S. Sanctions Underscore the Need for Meaningful Reform

By Ricardo Torres*

Cruise ship at Havana Harbor in April 2018/ kuhnmi/ Flickr/ Creative Commons

Washington’s new measures to tighten the embargo will hurt the Cuban people, especially the private sector, but Havana has little choice but to double-down on reform and make its economy more efficient and independent. Holding Cuba responsible for Venezuela’s resistance to U.S. regime-change policies in that country, and for alleged “acoustic” incidents harming U.S. diplomats in Havana, U.S. Secretary of State Mike Pompeo and National Security Advisor John Bolton last week announced steps that, taken together, amount to almost full reversal of the engagement that former Presidents Barack Obama and Raúl Castro announced four and a half years ago, in December 2014.

  • Among key measures is full enforcement of Title III of the Helms-Burton law of 1996 – ending waivers that three predecessor administrations had invoked – and allowing even Cuban-Americans who were not U.S. citizens at the time to sue companies involved in business dealings (“trafficking”) involving properties nationalized by the Cuban government since 1959. The U.S. officials have also pledged regulations clamping down on remittances to Cuba (which had already been regulated to ensure that senior government officials did not receive them); prohibiting dollar transactions through third-party financial institutions; and stopping “non-family” travel to the island. Details will not be known until the regulations are published, a process that usually takes several months.

The U.S. actions come at a delicate moment for the Cuban economy, will certainly worsen the country’s balance-of-payments situation by increasing the cost of international transactions, and will directly affect key sectors that depend on tourism and remittances.

  • Among the hardest hit will be Cubans engaged in private businesses, who depend on remittances for investment and foreign visitors as customers. At the end of 2018, a little more than 1.4 million formal jobs were in the non-state sector, including the self-employed (cuentapropistas), members of cooperatives, and private farmers – almost equal to the 1.6 million in state enterprises. Many others work in the informal sector to supplement their incomes.
  • The perceived increased risk posed by the U.S. measures will also cause foreign companies to postpone or cancel entirely plans to invest in Cuba.

Trump Administration efforts last year to reverse Obama-era policies, coupled with other challenges – including the weakening of the Venezuelan economy and the shift of a previously key partner like Brazil – are taking their toll on the Cuban economy. In addition, an accumulation of important internal problems has made the country vulnerable. Austerity measures announced as early as in summer 2016, including a reduction in imports and energy rationing in the public sector, have already hurt. Even in the context of a good international environment and improving ties with the United States, the Cuban economy grew slowly over the past decade. The ups and downs in policies dealing with the private sector, agriculture, and in the derailed process of reform in the dominant state sector – as well as setbacks in efforts to attract foreign investment – underscore the economy’s deep structural flaws and damage caused by deficient responses and successive delays.

In these changing times, appeals to “Resist!” are no longer enough. Aggravated by the U.S. measures, the expected worsening of the economic situation will disproportionately affect the most vulnerable of the Cuban people. The external problems could be the argument that the Cuban government needs to push aside obstacles to domestic economic reform. The country has immense internal potential but has been held hostage to the ideological purism that many profess.

  • The government of President Díaz-Canel has already announced new measures to stimulate the development of state enterprises, cooperatives, and the private sector itself. Foreign dependence has proven to be disastrous for Cuba. No foreign power is going to come to resolve the flaws of the Cuban model. Broadening and deepening reform, liberating the domestic productive powers, seems to be the only possible way forward in addition to rethinking international alliances and embracing markets more broadly.

April 23, 2019

*Ricardo Torres is a professor at the Centro de Estudios de la Economía Cubana at the University of Havana and a former CLALS Research Fellow.

Cuba: Opening Pandora’s Box?

By Fulton Armstrong

Cuba constitutional reform

Reading about the constitutional reform project in Cuba. / Twitter: @SoberonGuzman

The constitutional reform process that the Cuban government is undertaking — controlled and cautious — and adjustments to one or two regressive regulations may be setting in motion political dynamics that will fuel pressure for more change.  After months of consulta popular, the constitutional drafting committee is preparing a new draft for consideration by the National Assembly during a two-day session beginning December 21.  Current plans are still for it to be subjected to a referendum vote in February 2019.

  • Skepticism about the real impact of the consulta, which reportedly resulted in hundreds of thousands of written comments, is deep, but most non-governmental observers believe that participation was so strong that the popular input had an impact. Debate about Article 68 — establishing the constitutional right of same-sex marriage — was most obvious.  Evangelical churches, with Catholic support, led the push against it, organized demonstrations, and circulated posters easily visible on Havana streets.  Local observers report that government officials were surprised by the mobilization and, fearing the article will spark abstention from the referendum or votes rejecting the whole constitution, now face the challenge of balancing the forces for and against it.
  • Debates are reportedly also taking place, including among senior officials, about the role of the Communist Party. Observers say that the party has accepted its subordination to the constitution and laws of the country, but — while it will remain the “fuerza dirigente superior de la sociedad y del Estado” — there reportedly is no consensus on its exact role and relationship with the government.  Another controversial provision deals with vague limits on the “concentration of property” versus the “concentration of wealth.”

The government’s handling of opposition to regulations announced last summer (but scheduled to take effect this month) has also left opponents — justifiably skeptical about any government signals of compromise — wondering where process and policy are headed.

  • The day before a regulation tightening controls on private sector businesses was to be implemented on December 7, the government rescinded several harmful provisions. Under the original version, Cubans could hold only one business license, and private restaurants could have no more than 50 chairs, but both measures were overturned as a result of private sector complaints, according to Labor and Social Security Minister Margarita González.  In a speech to law students, President Díaz-Canel reportedly emphasized the importance of cuentapropista input as well.  There were also hints of a softening of a regulation increasing government control on artists — requiring their credentials to hold shows be validated by a government office — when the government delayed implementation and said it was subject to further elaboration.  With both regulations, officials tried to appear to be listening to the strong opposition they faced.
  • The government has left in place, however, new controls on private transportation operators, particularly the ancient private vehicles (almendrones) running on established routes where public buses are lacking. The government claimed drivers were overcharging, not paying taxes, and not maintaining their cars adequately.  The measure itself, as well as many private drivers’ work slowdown and surrender of their special transport licenses in protest, have significantly hindered Havana citizens’ ability to get around the city.  The government has announced that it is importing several hundred microbuses to cover the routes but has given no sign of compromise on the regulation.

The road to reform in Cuba is littered with unfulfilled expectations; the skepticism of common folk affected by the revised constitution and various regulations, as well as government opponents, is not unwarranted.  It is impossible that the National Assembly could give the thousands of proposed changes to the constitution draft serious consideration in a two-day session.  But some aspects of the ongoing processes, such as the government’s recognition of affected sectors’ concerns, appear likely to create new expectations of government attentiveness and even civic participation.  Non-fulfillment of those expectations may not lead to destabilizing protests in the short term, but it would be yet another negative signal about the Party’s willingness to allow the country to evolve toward the new and more stable model it has claimed interest in establishing since 2011.  The public statements of former President Raúl Castro, President Díaz-Canel, and others suggest awareness that, in the post-Castro era, legitimacy will come from economic results and improved living standards – which require broader and deeper public inputs into policymaking.  Everyone will be watching whether the recent, partial consultations were a short-term show, an experiment, or a hint of a shift in approach.

December 18, 2018

Cuba: Implications of U.S. Tourism

By Emma Fawcett*

Tourists on beach in Cuba

Photo Credit: Emmanuel Huybrechts / Wikimedia / Creative Commons

U.S. regulations still technically ban tourist travel to Cuba by U.S. citizens, but the Obama Administration’s policies have already spurred significant growth in visitor arrivals to the island – with implications for Cuba and its Caribbean neighbors.  Over the last year, Cuba has experienced a 17 percent increase in total visitors, and a 75 percent increase in arrivals from the United States since Washington expanded the categories of permitted travel and, according to observers, relaxed enforcement.  An agreement to begin commercial airline operations between the two countries promises even more travel.  Other elements of the embargo continue to complicate U.S. travel: most U.S.-issued credit cards still do not work on the island; phone and internet connections are limited; and visitors often face persistent shortages of food items, consumer goods, and hotel rooms.  But the surge almost certainly will continue.

The onslaught of U.S. tourists challenges the Cuban tourism industry’s capacity.  Cuba has one the lowest rates of return visits (less than 10 percent) in the Caribbean; on the other islands, 50 percent to 80 percent of tourists make a return visit.  It has serious weaknesses:

  • While Cuba’s unique appeal may draw in millions of first-time visitors, the still relatively poor quality of service apparently discourages tourists from making the island a regular vacation spot. Sustaining arrivals requires higher marketing costs.  Average spending per visitor, moreover, has been on a fairly steady decline since 2008.
  • About 70 percent of Cuba’s tourists come for sun-and-beach tourism – a sector under state control – but private microenterprises have already demonstrated more agility in responding to demand than the state-owned hotels or joint ventures. The government reported last year that 8,000 rooms in casas particulares, or bed-and-breakfasts in Cubans’ homes, were for rent, and the number is growing steadily.
  • Cuba’s “forbidden fruit” factor may have a limited shelf life as visitors sense the imminent end to Castroism and the arrival of McDonalds, Starbucks, and their ilk. Questions remain about how long Cuba’s current environmental protections will continue when tourist arrivals increase.  Nicknamed the “Accidental Eden,” Cuba is the most biodiverse country in the Caribbean because of low population density and limited industrialization.  But rising visitor arrivals (and the effects of climate change) are likely to increase beach erosion and biodiversity loss.

Ministers of tourism in the other Caribbean countries have downplayed fears about competition from Cuba, but their optimism is sure to be tested.  A successful Cuban tourism sector could conceivably spur region-wide increases in visitor arrivals, but it could also cause other Caribbean countries to lose significant market share.  The official Communist Party newspaper, Granma, has suggested the government’s goal is to almost triple tourist arrivals to 10 million per year.  President Danilo Medina of the Dominican Republic, the most visited country in the region (at about 5.5 million tourists a year), has also set a goal of reaching 10 million arrivals by 2022 – setting that country to go in head-to-head competition with Cuba.  Jamaica, the third most visited country in the region, has instead pursued a multi-destination agreement with Cuba, designed to encourage island-hopping and capitalize on Cuba’s continued growth.  Previous attempts at regional marketing and multi-destination initiatives have had mixed success.  But as Cuba’s tourism sector continues to expand, Caribbean leaders – in what is already the most tourism-dependent region in the world – undoubtedly sense that Cuba is back in the game and could very well change rules under which this key industry has operated for the past six decades.

July 25, 2016

*Emma Fawcett is a PhD candidate in International Relations at American University.  Her doctoral thesis focuses on the political economy of tourism and development in four Caribbean case studies: Haiti, Dominican Republic, Cuba, and the Mexican Caribbean.

Cuba’s Limited Absorptive Capacity Will Slow Normalization*

By Fulton Armstrong

Photo Credit: PBS NewsHour / Flickr / Creative Commons

Photo Credit: PBS NewsHour / Flickr / Creative Commons

As the U.S. embargo – the main obstacle to expanding U.S.-Cuban economic ties – is relaxed by presidential regulatory action and eventually lifted by Congress, limits on Cuba’s own willingness and ability to conduct trade, absorb investment, utilize information technology, and even accommodate tourists risk putting a brake on the normalization of economic relations.  Five decades of embargo and failed socialist models have rendered key sectors in Cuba ill-equipped to take advantage of the surge in U.S. business interest in the island.  In some areas, the political will to open up and reform is crucial.  These problems do not translate into a rejection of normalization but rather into a slower timeline than many on and off the island would hope for.

The advantages of economic engagement are well known.  Foreign investment will help provide the $8.7 billion Cuba wants for its “Portfolio of Foreign Investment Opportunities” – some 246 projects in energy, tourism, agriculture, and industry.  Havana also wants growth rates to rise to 4-5 percent per year (from an estimated 1.5 percent in 2014), fueled by at least $2 billion in annual foreign investment.  Trade, investment, and tourism are all potentially powerful engines for growth and employment in Cuba.  Private farmers have long out-produced their state competitors and many cooperatives, making them ideal for engagement under current U.S. regulations if the Cuban government facilitates it.  The small private sector, currently employing over a million people, could – with a more supportive infrastructure – provide many more vital goods, services, and employment that the Cuban government years ago admitted it could not provide.  Sectors utilizing Cuba’s specialized and skilled human capital, such as biotechnology, could also benefit quickly and generously from the new U.S. relationship.

Cuba has a lot going for it – such as its deep reserve of potential human capital – but it is also is held back by a variety of problems, many of which are prolonged by political caution.

  • Cuba is updating laws governing investments, property, and labor – a new foreign investment law in March 2014 and related regulations are steps in the new direction – but the multi-year, incremental process has been too slow to keep ahead of burgeoning opportunities. Regulations on how foreign firms select, pay and release Cuban employees are also antiquated.  Paperwork for approving foreign direct investment remains formidable and must pass through multiple levels.  The country lacks the basic institutions necessary to license import and export transactions for beneficiaries outside government ministries.  Much of the bureaucracy – chronically underpaid and, during periods of party dominance, neglected – has yet to grow into a new, more professional role.
  • Unifying Cuba’s two national currencies is absolutely essential but, despite the government’s repeated declarations of intent, it has still not been done. The existence of a different, lower exchange rate for state enterprises creates distortions that will worsen as demand for imports rises.  The financial system, moreover, is too over-burdened, secretive, and lacking in agility, and continued blocks to Cuba’s access to IMF, World Bank, and Inter-American Development Bank (IDB) funds deny it important breathing room to reform.
  • Cuba lacks an information and communications technology (ICT) framework capable of harnessing and nurturing its human capital and driving growth and efficiency – which will retard progress in a number of priority areas.
  • De-industrialization over the past 25 years has further reduced Cuba’s absorptive capacity. Many key sectors – including textiles, clothing, metals, machinery, transportation equipment, and more – have contracted between 50 and 100 percent.  Much of the infrastructure is dilapidated.  The transportation sector is in dire need of repair and modernization; and the construction industry is inefficient and poorly resourced.

Cuba’s challenges in taking advantage of new opportunities are not insurmountable – with political will and time.  The pace of reform and corresponding expansion of Cuba’s absorptive capacity may be maddeningly slow for many Cubans and Americans alike.  But insofar as the U.S.-Cuba normalization process is irreversible, so too is the conviction in Cuba on the need to “update” the system through reform in order to take advantage of the opportunities it brings.  Cuban national pride and the Communist Party’s fear of losing control could very well be assuaged as the island experiences the benefits of engagement.  Foreigners, especially the United States, who push too hard, too fast, and too haughtily could fail and even delay this aspect of normalization, just as Cubans who move too passively, too slowly, and too skeptically could stymie the process as well.

October 27, 2015

*This blog post is excerpted from the third in a series of policy briefs from the CLALS Cuba Initiative, supported by the Christopher Reynolds Foundation.  Read the full brief here.

Mexico’s Petroleum Sector: Not Yet Out of the Woods

By Thomas Andrew O’Keefe*

Photo Credits: Ian Burt and Alex / Flickr / Creative Commons

Photo Credits: Ian Burt and Alex / Flickr / Creative Commons

The September 30 awarding of three contracts on five oil production blocks that the Mexican government opened for bidding has raised hopes that the Peña Nieto administration’s efforts to reform the country’s energy sector are back on track, but many challenges remain.  In contrast, an auction of leases on 14 blocks in July was a huge disappointment as contracts could only be issued for two of them.  The auctions are part of Mexico’s effort to reverse years of declining petroleum output by permitting private sector and foreign participation in an industry monopolized for decades by the state oil company, PEMEX.  Foreign and private sector firms are now allowed to enter into both profit- as well as production-sharing agreements with PEMEX and thereby retain a percentage of the gains on the oil they extract.  In some cases, outright concessions – termed “licenses” so as not to run afoul of the Mexican Constitution – are permitted.

A careful examination of the successful bids last month, however, leaves doubts as to whether the auction marks a change of fortune.  To entice a better response, the Mexican entity responsible for the auctions, the National Hydrocarbons Commission (CNH), relaxed many rules in a way that may be difficult to repeat and can be challenged politically.  Noticeably absent from the list of winning bidders are the major multinational oil giants.

  • The Italian state oil company, ENI International, won the block that attracted the most bids, while an Argentine-led consortium headed by Pan American Energy won a second block. They are well-known players in several South American countries – Argentina, Bolivia, Ecuador, and Venezuela – where the rules of the game are constantly changing and lack of transparency is a major issue.  The third block had only one bidder, a consortium made up of the U.S.-based Fieldwood Energy and Mexican Petrobal (whose director is PEMEX’s former director of exploration and production, Carlos Morales Gil).
  • The blocks awarded on September 30 are for already discovered shallow water fields, meaning lower geological risks for private operators. In order to make the auction attractive, the CNH lowered the fees required to bid and added the right to explore for new oil as well as pumping oil from existing reserves.

Mexican President Enrique Peña Nieto came to office in 2012 with an ambitious reform plan to revitalize the Mexican economy by focusing on structural reforms, including education, finance, telecommunication, transportation infrastructure, and energy.  While there have been noticeable changes in all five areas, the results have not yet led to significant improvements in Mexico’s economic performance.  The optimistic reform scenarios of three years ago are further clouded by corruption scandals – including one touching the President, his wife, and a finance minister who had houses built by prominent contractors who had won lucrative government contracts – the lack of progress investigating the Iguala Massacre (involving 43 students who disappeared), and high levels of citizen insecurity.  The real test for the Mexican energy reform – and the credibility of President Peña Nieto’s reform policies – will come next year when offshore deep water blocks in the Gulf of Mexico and extra-heavy oil fields are put up for auction.

October 19, 2015

* Thomas Andrew O’Keefe is President of San Francisco-based Mercosur Consulting Group, Ltd.

Honduras: Charter Cities Lurch Forward

By Fulton Armstrong

Choluteca, Honduras Photo Credit: Jonathan D. / Flickr / Creative Commons

Choluteca, Honduras Photo Credit: Jonathan D. / Flickr / Creative Commons

The Honduran government expects to get the green light this month from a Korean consulting firm for a master plan to hand governance of several small communities over to private investors to develop them, but concerns about the plan run deep and appear unlikely to fade.  Called ZEDEs – the Spanish acronym for “Employment and Economic Development Zones,” the specially designated areas are also called by their proponents charter cities, model cities, and startup cities.  The first tranche of towns facing conversion are in the southern Honduran departments of Valle and Choluteca, with a new port built on the Gulf of Fonseca.  The government says that the affected communities will remain an “inalienable part of the Honduran state,” but amendments to the Constitution, laws, and regulations permit their governing body – which is unelected – to establish “policies and regulations” and their own police and other public services.  Called the “Committee for the Adoption of Best Practices,” the board is dominated by representatives of Honduran millionaires and an even greater number of non-Hondurans of predominantly libertarian ideology.  Among them are American anti-tax crusader Grover Norquist; former President Reagan’s son Michael; and Michael Strong, chief executive of Radical Social Entrepreneurs.  The ZEDEs’ guiding principle is to liberate communities from government taxation, oversight, and corruption in order to attract investment and stimulate prosperity.

The ZEDEs initiative has been plagued by opposition since its inception, however.  Numerous reports underscore that the affected communities were never consulted, and demands for a referendum have repeatedly been rebuffed.  Honduran implementation of the model has been rejected by the U.S. economist who proposed it, Paul Romer (formerly of Stanford University; currently at New York University).  He withdrew because of the lack of Honduran transparency, including secret deals with interested U.S. parties.  The Honduran Supreme Court initially voted 4-to-1 against a Constitutional amendment allowing creation of ZEDEs in 2012, but the Congress impeached the four dissenters and replaced them with supporters who voted unanimously in favor.  There are numerous reports of intimidation of local civil society leaders, who deem them credible in view of clashes between wealthy businessmen and campesinos in other areas resulting in hundreds of deaths in recent years.

Honduras has a desperate need for economic growth – two-thirds of the population lives below the poverty line – and its model of national governance, riddled with corruption and non-transparency, is indeed in crisis.  But there’s no evidence that fighting one form of corruption with another non-transparent system will help anyone but the big investors.  Indeed, Honduras has ranked among the most violent countries in the world for several years, with the term “failed state” looming darkly over it – making it perhaps the worst place to experiment with provocative new models of governance without popular consultation or support.  Critics seem to have a good case: real reform and economic stimulus would focus on cleaning up the government and holding accountable the elites that have brought the country to ruin and now are trying to impose this model on their fellow citizens, rather than usurping the affected communities’ sovereignty.

March 19, 2015

Haiti: Another Crisis on the Anniversary of a Crisis

By Emma Fawcett*

Cinco anos depois do terremoto que devastou o Haiti / Agência Brasil Fotografias / Flickr / CC BY-NC 2.0

Cinco anos depois do terremoto que devastou o Haiti / Agência Brasil Fotografias / Flickr / CC BY-NC 2.0

Haiti recently marked the five-year anniversary of the devastating 2010 earthquake and missed yet another deadline for reaching an agreement on the country’s long-overdue elections.  On January 12, the parliament was effectively dissolved as the terms of all but 10 senators expired.  Without quorum or a new electoral law, President Martelly now rules by decree.  Many in the opposition, whose protests in the last several months forced the resignation of Prime Minister Lamothe, now also seek Martelly’s resignation.  Martelly has asked protesters to be patient, but some claim the electoral impasse is part of the president’s larger strategy for consolidating his power.  The U.S. Embassy in Haiti has expressed commitment to continue working with him and “whatever legitimate Haitian government institutions remain,” and hopes that Martelly will use his “powers responsibly to organize inclusive, credible and transparent elections.”  U.S. Vice President Joe Biden spoke with Martelly by phone, reiterating support for his administration and acknowledging his “efforts to work with the Haitian parliament and political parties to resolve outstanding issues.”  On Sunday, the UN Security Council concluded its three-day visit by urging politicians to work together to ensure elections can proceed, and refrained from commenting on whether the planned cuts to UN peacekeeping forces would take place in June.

Although there is continued handwringing over how $13.5 billion pledged in earthquake relief has been spent, there are some signs of economic growth.  Capacity in the apparel and hospitality sectors has increased dramatically, priming the pump for further private-sector development, but the results to date are weak.  Caracol Industrial Park (in the northeast) and the Lafito Industrial Free Zone (outside Port-au-Prince) are moving forward, though Caracol has thus far generated just 5,000 of the 65,000 jobs it was expected to create.  Minister of Tourism Stephanie Villedrouin has pushed tourism hard to attract foreign direct investment (FDI).  Tourism was a natural outgrowth of earthquake recovery: hotels rooms were urgently needed first for relief workers, now for engineers and businesspeople, and eventually (Haitians hope) for tourists.  Pétionville, located in the hills above Port-au-Prince and home to much of the country’s elite, has received a remarkable facelift.  It now boasts several renovated or newly-constructed international class hotels, though guests remain elusive.  Some of the tent cities have been cleared.  In Jalousie, one of the slums above Pétionville, concrete homes were painted in bright tropical shades, designed to evoke the work of Haitian artist Préfète Duffau.  (Critics of the project pointed out the neighborhood has more pressing needs than cans of paint, and wryly noted that while Port-au-Prince’s hillsides are covered in slums, only those overlooking Pétionville’s wealthiest residents received cosmetic treatment.)

Despite the political uncertainties and stalled reconstruction efforts, there is a sense among Haitian and international private-sector actors that moving forward is “now or never.”  Many point to Martelly’s unprecedented focus on attracting FDI and willingness to create incentive frameworks.  In field interviews, investors in Haiti and neighboring countries speak of hope that the country’s natural, cultural, and historical resources will make it a viable destination – as well as hope that U.S. and other foreign backing continues to expand the apparel and tourism sectors.  There are enormous challenges ahead, to be sure, compounded by the political crisis and potential for instability.  The government-led strategic planning process has been described as “opaque” and “accelerated” without much room for consultation with either the private sector or local communities.  Carnival Cruise Lines’ plans to build a new port on Ǐle de la Tortue have become mired in land tenure issues.  And inclusive growth – strategically targeted and yet expansive enough to lift Haitians out of poverty – will be hard to come by without improved institutional capacity, made all the more difficult by the events of the last three weeks. 

January 29, 2015

* Emma Fawcett is a doctoral candidate in International Relations at American University.

Cuba: Can Official Labor Meet the Needs of Private Workers?

By Geoff Thale*

Alberto Yoan Arego Pulido / Flickr / CC BY-NC 2.0

Alberto Yoan Arego Pulido / Flickr / CC BY-NC 2.0

As Cuba embraces a new but still undefined economic model, it’s unclear whether or how the country’s old labor laws and regulatory systems will be adapted to accommodate the interests of employees in the growing private and cooperative sectors, or in the newly autonomous state enterprises.  The trade union structure cannot play the social role it played in the past with the emergence of businesses owned by both individuals and cooperatives, a growing role for foreign investment, and increasingly decentralized state enterprises.  During a recent trip to Cuba, our research team met with representatives and staff from a range of officially recognized trade unions.  We met with the national labor federation – the Central de Trabajadores de Cuba (CTC) – and with national and local officials from some member unions, including the national president of the health care workers’ union; local trade union officials in the hotel and restaurant workers union in the tourist sector in Old Havana; and local officials representing self-employed and small-business owners who have joined the union for retail and commercial workers.  A Labor Code approved by the National Assembly in December 2013 changed some aspects of the legal framework for labor relations.  It continued to privilege the CTC as the sole labor federation, while also taking some steps to recognize the new issues that confront workers in the emerging sectors of the economy.  It established a maximum number of hours of work (44) for private-sector employees, required the self-employed or small-business owners to pay into a social security fund and ensure social protections – health care, pensions, etc. – for employees.  And it guaranteed private-sector employees seven days paid vacation per year (though less than the one month given to state-sector workers).

Our interviews, however, turned up more questions than answers.  Newly autonomous state enterprises have greater latitude in setting wages, incentives and working conditions, but it remains unclear how these decentralized enterprises will handle labor relations issues, and what kind of negotiations might take place on compliance with regulations on workplace safety and protection, wage requirements and employment opportunities.  Indeed, it is unclear how the current worker organizations will represent workers in these decentralized enterprises.  The growth of the private sector presents another challenge.  The CTC has sought to organize the self-employed into the unions in the industries in which they are functioning – the food service and restaurant union, the retail and commercial sector union, and so on – but it is unclear how the union will represent the interests of both owners of independent small businesses – cuentapropistas – and the 15 percent of “self-employed” who are actually employees in those enterprises.  Similar queries are popping up in the cooperative sector and in enterprises run as joint ventures with foreign corporations or as wholly foreign-owned companies.

Cuba’s new labor policies are clearly a work in progress, but they signal recognition that there is an emerging stratum of non-state sector employees – and that they need social protections.  It also reflects a balancing act between ensuring stable employment and benefiting from the flexibility that private sector employment models provide.  The new Labor Code requires, for example, that employers sign year-long contracts with employees while guaranteeing them access to health care, parental leave and other benefits during that period.  New challenges will emerge, especially in terms of the structures that represent the interests of these groups and advocate for them.  But for now, there appears to be progress in establishing a system of social protections for the self-employed and for their employees under the new labor code.  Concerns about the burden of compliance appear likely to be muted for at least the near term because, as it was clear to us during our visit, the self-employed and their employees are earning substantially higher incomes than are workers in the state sector.

*Geoff Thale, program director at the Washington Office on Latin America (WOLA), in October led the research team’s fifth visit to Cuba examining the impact of economic change on workers.

December 9, 2014

More Cracks in the EU’s “Common Position” on Cuba

By William M. LeoGrande*

eu cubaThe visit of Dutch Foreign Minister Timmermans to Cuba earlier this month marks yet another crack in the European Union’s 1996 Common Position on Cuba, which conditions normal relations with the island on democratic reforms. Days later, EU Commission President Barroso acknowledged that a number of member states were pressing for a reevaluation of the Common Position, and Spanish Foreign Minister García Margallo announced that the issue would be taken up at the EU foreign ministers meeting on 10 February – adding, however, that any new policy “would have, as a determining factor, respect for human rights.” Amending the Common Position will require unanimity among the EU’s member states, something conservative governments – especially in the former socialist countries – have thus far blocked.

The Common Position has severely constrained the ability of Brussels to respond creatively to rapidly changing conditions in Cuba today, but various European governments have expanded their bilateral economic and political ties with Cuba despite its strictures. Trade between Cuba and Europe, at 2.5 billion euros annually, has roughly tripled since 1996, and official development assistance to Cuba has quadrupled to nearly 60 million euros annually. Policies of engagement have proven more successful than policies of hostility and confrontation.  In 2010, quiet diplomacy by José Luis Rodríguez Zapatero’s government enabled Spain to play a crucial mediating role between the Cuban government and the Catholic Church, leading to the release of more than a hundred political prisoners – the largest such release since the 1970s.

Cuba today is moving in directions that the EU has long favored.  The “updating” of the Cuban economic model, begun in 2011, entails greater economic openness, reduced government regulation of private markets, and a larger role for private sector businesses. At the same time, although challenging Cuba’s one-party system or its socialist society is still out of bounds, there has been a very gradual opening of political space to debate the shape of Cuba’s future.  Replacing the Common Position does not mean that European states, individually or collectively, would abandon their commitment to encouraging greater human rights and democracy in Cuba.  But a warmer political climate would enable them to express their concerns more effectively through quiet diplomacy. What offends Cuba’s leaders is not that other states have different views on these issues; it is that the Common Position makes normal relations contingent on Cuba conforming to European norms, a litmus test that no other Latin American country is required to pass.

*Dr. LeoGrande is Professor of Government in the School of Public Affairs at American University.  This article is excerpted from an essay (click here) he wrote for the London School of Economics and Political Science blog.