Opening the Flawed Gates

In the U.S. and overseas, Cuba’s government has been criticized for limiting the travel rights of its own citizens.  Those restrictions are often cited as an obstacle to the improvement of bi-lateral relations.  But now, change has come.

Today, we explain this new Cuban government policy that offers its citizens a path for both exit and return, and talk about what it means.  Finally, we ask whether Washington will simply ignore what has occurred, or react in a meaningful way.

This is news.  Effective January 14, 2013, the Cuban government will abolish the widely resented and costly exit visa and the accompanying invitation letter that Cubans have been required to obtain in order to travel abroad.  The reforms to the 1976 Migratory Law and 1978 Migratory Law Regulations, published in the Official Gazette, herald an enormous change.

As explained in Granma, the new migratory regulations were adopted as a “sovereign decision by the Cuban state [and] do not constitute an isolated act, but are rather an important component of the irreversible process underway to normalize relations with the country’s émigré community.”

Cuban Americans For Engagement (CAFÉ), whose members have been holding talks with representatives of Cuba’s government about eliminating barriers to reconciliation between Cubans on the island and in the diaspora, see this reform as evidence that engagement is the key to bringing about change.

Enthusiasm over this development has future travelers forming long lines at immigration offices to take advantage of the current passport fee, which will nearly double to $100 in mid-January. This price hike has prompted Senator Marco Rubio of Florida to dismiss the move as merely cosmetic and transferring the costs associated with the exit visa to the process of passport issuance. But the Senator is misinformed. In fact, the new law cuts costs by a third.

As we understand, the current fees for travel documents are roughly: passport, $55; exit visa, $150; and invitation letter, $100 and up. Under the new law, the passport will be the only necessary document. Those already holding a passport in January (including those standing in line today) will be able to get a free stamp to upgrade it to the new system.

Moreover, the permitted length of stay abroad has been expanded from 11 months to 24 months. This leads to major potential savings because Cubans are, and will continue to be, charged a monthly fee for extensions. The amount of this fee will remain unchanged. On the other hand, the law stipulates terms for pensioners to continue receiving their income while abroad or to designate a substitute recipient.

Although the reforms clearly delineate who will be considered eligible for a passport and travel and who will not, the wording in some instances is vague enough as to be open to interpretation. For example, one category of ineligible individuals includes those whose absence would hinder the preservation of a qualified workforce. But it should hardly come as a surprise the Cuba’s government would try to “attenuate the effects” of brain-drain, as Jesús Arboleya Cervera explains in Progreso Weekly, which “limits the development of Third-World countries.”

Less noticed, the reforms are not a one way street. For example, of special interest to Cubans who have absconded over the years while on authorized travel, starting next year, émigrés will be able to apply to recoup their residency directly at any of Cuba’s embassies or consulates.

There is fine print and more to learn, but on the whole, this is very good news.  Cuba moves closer to the travel freedoms for its citizens as urged by the human rights community.  Most Cuban citizens, come January, will be able to think, practically, about exit and return to the island, about employment elsewhere and sending money home to relatives.  This strikes a blow for the autonomy of everyday Cubans and the vitality of the Cuban economy.

To date, our State Department hasn’t offered much reaction.  When asked at her press briefing whether the U.S. would react positively to the reforms, State Department spokeswoman Victoria Nuland said:

MS. NULAND: Well, as you know, we’ve been very outspoken. We are not shy in all of our public and private comments on Cuba that we want to see the human rights of the Cuban people respected. This is certainly a step, but I would advise that even with regard to this step, we await further information, because as I said, it’s not being implemented until January 14^th.

If the Eeyores at the State Department need inspiration for how to react, they could turn to CAFÉ, which implores the U.S. to reciprocate by eliminating the Cuba travel ban, thereby bringing U.S. “policy in line with international models.” Or to Rep. James McGovern (MA-3), whose recent essay in Politico calls upon next president to move beyond the Cold War and normalize relations with Cuba.

Now is the time for a creative and affirmative U.S. policy response.  But, we’re not holding our breath.  And we suspect the Cubans aren’t either.  That said, this is real change and it really ought to be acknowledged.