Human Rights Condition Counterplans - Gonzaga 2013

8/21/2019 Human Rights Condition Counterplans - Gonzaga 2013

1/154

Gonzaga Debate Institute 2013

Lundeen/Lundeen/Skoog

Human Rights Condition CounterplansGDI 2013

These counterplans all condition the mandate of the plan on the target countrys acceptanceof certain conditions designed to address human rights concerns (human trafficking, political

dissent and election reforms).


2/154



Cuba


3/154



1NC - Political Dissent Conditions

(vs. Embargo aff)

Text: The United States federal government should substantially increase economic

engagement by lifting the embargo If and only if the government of Cuba agrees to release all

political dissidents, reform its laws criminalizing dissent and dismantle the institutions that

enforce them.

(vs. Terrorism List aff)

Text: The United States federal government should substantially increase economic

engagement by removing Cuba from the State Department list of state sponsors of terrorism

if and only if the government of Cuba agrees to release all political dissidents, reform its laws

criminalizing dissent and dismantle the institutions that enforce them.

Cuba violates basic human rights of prisoners and dissidents

Steinberg, researcher in Human Rights Watchs Americas Division, 09[Steinberg,November 2009, Human Rights Watch, New Castro, Same Cuba,

http://www.hrw.org/sites/default/files/reports/cuba1109web_0.pdf, 7/7/13, AR]

Cuba fails to meet basic international standards regarding the treatment of prisoners.Conditions are abysmal for common and political prisoners alike, with overcrowded cells,

unhygienic and insufficient food and water, and inadequate medical treatment.

Under international human rights law, prisoners retain their human rights and fundamentalfreedoms, except for restrictions on rights that are required by incarceration, and the

conditions of detention should not aggravate the suffering inherent in imprisonment. But

in Cuba, prisoners who attempt to exercise their rights are severely reprimanded. Political

prisoners who criticize the government, document abuses, report violations, or engage in

any activity deemed counterrevolutionary suffer consequences that are harmful to their

physical and psychological health.

Political prisoners who speak out are routinely subjected to extended periods of solitary

confinement, harassment, and beatings. They are denied access to medical treatment in

spite of chronic health problems rooted in, and exacerbated by, abysmal prison conditions.

Family visits and other forms of communication are arbitrarily refused. Human Rights Watchdocumented three cases in which political prisoners were deliberately moved to close

quarters with prisoners infected with tuberculosis, despite the fact that they themselves

were not infected. Compounding these widespread and systematic abuses is the fact that

prisoners have no effective complaint mechanism through which to seek redress, creating

an environment of total impunity.
http://www.hrw.org/sites/default/files/reports/cuba1109web_0.pdfhttp://www.hrw.org/sites/default/files/reports/cuba1109web_0.pdf


4/154



Using the leverage of the plan best solves repression of political dissent in Cuba they will

respond to pressure

Steinberg, researcher in Human Rights Watchs Americas Division, 09*Steinberg, November 2009, Human Rights Watch, New Castro, Same Cuba,

http://www.hrw.org/sites/default/files/reports/cuba1109web_0.pdf, 7/7/13, AR]

Worse still, Latin American governments across the political spectrumhave been reluctant to

criticize Cuba, and in some cases have openly embraced the Castro government, despite its

dismal human rights record.Coun tries like Venezuela, Bolivia, and Ecuador hold Cuba up as amodel, while others quietly admit its abuses ev en as they enthusiastically push for Cubas reintegration

into regional bodies such as th e Organization of American States (OAS). The silence of the Latin

governments condones Cubas abusive behavior,and perpetuates a climate of impunity that

allows repression to co ntinue.This is particularly troubling coming from a region in which manycountries have le arned firsthand the high cost of international indifference to state-sponsored

repression. Not only have all of these policiesUS, Eu ropean, Canadian, and Latin

Americanfailed individually to improve human rights in Cu ba, but their divided and even

contradictory nature has allowed the Cuban government to ev ade effective pressure and

deflect criticism of its practices. To remedy this continuing failure, the US must end its failed

embargo policy. It should shift the goal of its Cuba strategy away from regime change and

toward promoting human rights. In particular, it should replace its sweeping ba ns on travel

and trade with Cuba with more effective forms of pressure. This move would fundamentallyshift the balance in the Cuban governments relationship with its own people and the international co

mmunity. No longer would Cuba be able to manipulate the embargo as a pretext for repressing its own

people. Nor would other countries be able to blame the US policy for th eir own failures to hold Cuba

accountable for its abuses. However, ending the current embargo policy by itself will not bring

an end to Cubas repression. Only a multilateral approach will have the political power and

moral authority to press the Cuban government to end its repressive practices. Therefore,before changing its policy, the US should work to secure commitme nts from the EU, Canada,

and Latin American allies that they will join together to pressure Cuba to meet a single,

concrete demand: the immediate and unconditional release of all political prisoners. In

order to enforce this demand, the multilateral coalition should establish a clear definition of

who constitutes a political prisonerone that includes all Cubans imprisoned for

exercising their fundamental rights, including those incarcerated for the pre-criminal

offense of dangerousness and the 53 dissidents still in prison from the 2003 crackdown.

It should also set a firm deadline for compliance, granti ng the Ral Castro government six

months to meet this demand. Most important, the members of the coalition should

commit themselves to holding the Cuban government accountable should it fail to release

its political prisoners. The penalties should be significant enough that they bear real

consequences for the Cuban government. And they should be focused enough to target the

Cuban leadership, rather than the Cuban population on the whole.Options include adop

ting targeted sanctions on the government officials, such as travel bans and asset freezes;

and withholding any new forms of foreign investment until Cuba meets the demand. Duringthe six-month period, Latin American countries, Canada, the EU, and the US should be able to choose

individually whether or no t to impose their own restrictions on Cuba. Some may enact targeted


5/154



sanctions on Cubas leadership immediately, while others may put no restrictions on Cuba during that

time. Regardless, if the Castro government is still holding political prisoners at the end of six

months, Cuba must be held accountable. All of the countries must honor their agreement andimpose joint punitive measures on Cuba that will effectively pressure the Castro government to release

its political prisoners. On the other hand, if the Cuban government re leases all political

prisonerswhether before or after the six month period is completethese punitivemeasures should be lifted.Then, the multilateral coalition should devise a sust ained,

incremental strategy to push the Ral Castro government to improve its human righ ts

record. This strategy should focus on pressuring Cuba to reform its laws criminalizing

dissent, dismantle the repressive institutions that enforce them, and end abuses of basic

rights.And the impact of the strategy should be monitored regularly to ensure it is not creating morerepression than it curbs.Ultimately, it is the Ral Castro government that bears responsibility for such

abusesand has the power to address them. Yet as the last three years of Ral Castros rule show,

Cuba will not improve its human rights record unless it is pressured to do so.


6/154



2NC


7/154



SolvencyPolitical Dissidents

The US Must Require End to Political Dissident Suppression to Normalize Cuban Relations

Carbonell, International Public Affairs Consultant, 09

*Carbonell, April 2009, Forbes, Bailing Out The Castro Regime?http://www.forbes.com/2009/04/21/communist-cuba-castro-opinions-contributors-bailout.html,

accessed 7/5/13, AR]

After 50 years of almost continuous antagonism between the U.S. and the Castro-Communist

regime, there is a swelling desire in the U.S. and abroad to overcome this predicament through

constructive engagement.Since this would not be the first time that engagement has been

pursued, let us review the outcome of prior U.S. quests for a rapprochement with this regime, a regimethat was expelled from the Organization of American States in 1962 because it had established a

Marxist-Leninist tyranny declared incompatible with the inter-American system, had aligned itself with

the Soviet bloc and had suppressed all human rights. Despite a litany of crimes, interventions in the

internal affairs of more than a dozen of Latin American countries, and threats to the peace and securityof the hemisphere that culminated in the Cuban missile crisis, President Kennedy tried to seek an

accommodation with Castro. On Sept. 23, 1963, U.S. Ambassador William H. Attwood secretlycommenced negotiations in New York with the Cuban ambassador to the U.N., Carlos Lechuga. A few

days prior to Kennedys assassination, a follow-up meeting was arranged with Castro in Havana.Negotiations were dropped almost simultaneously because several tons of war equipment that were

shipped from Cuba to Venezuelas Marxist Armed Forcesof National Liberation were uncovered by

the local authorities. In March 1975, Secretary of State Henry Kissinger announced that the U.S.

was ready tomove in a new direction, which could lead to normalizing relations with Cuba

and the liftingof thethen 14-year-old trade embargo.After almost one year of intense

negotiationsbetween Assistant Secretary of State William Rogers and Castro representatives, the U.

S. called them offwhen 15,000 Cuban troops landed in Angola. In March 1977, President JimmyCarterissued apresidential directive, stating: I have concluded that we should attempt to

achieve normalization of our relations with Cuba.Interest Section offices were established in

Havana and Washington, and a large number of Cuban political prisoners were released. Hopes

for normalization were quashed when the Castro regime deployed troopsto Ethiopia and,

subsequently, unleashed the Mariel boatlift, which brought 125,000 refugees to Florida, including

over 2,700 criminals and misfits. President Reagan tried to engage the Castro regime. InNovember 1981, Secretary of State Alexander Haig met in Mexico with Cuban Vice President Carlos

Rafael Rodriguez, and in March 1982, General Vernon Walter spoke with Castro in Havana.

Negotiations stalled when Castro rejected U.S. trade and other concessionsin exchange for

ending Cuban military shipments to Central American guerrillas. With the Cold War over, President Bill

Clinton actively pursued constructive engagement with the Castroregime. He liberalized U.S.-

Cuban remittances and travelto the island (as currently under way), and significantly expanded

people-to-people exchanges. Castro foiled this quest for a rapprochementwith a new rafter crisis

in 1994 and when two Cuban MIG jet fighters shot down two unarmed civilian planes ofBrothers to the Rescue, which were flying over international waters in 1996 on a humanitarian

mission. The above examples of frustrated attempts to normalize relations with Communist

Cuba reflect a pattern of deception on the part of Castroand his politburoeager to obtain U.S.
http://www.forbes.com/2009/04/21/communist-cuba-castro-opinions-contributors-bailout.htmlhttp://www.forbes.com/2009/04/21/communist-cuba-castro-opinions-contributors-bailout.html


8/154



concessions without liberalizing the regime, feigning a desire to settle differences with the U.S., yet

always scuttling negotiations and resuming their unyielding and contagious anti-Yankee

defiance.Will this pattern change underthe dual or solo leadership of Raul Castrothe ruthlessparty hierarch largely responsible for building the totalitarian military apparatus in Cuba? He has made

conciliatory overtures to the U.S., yet he continues to harbor terrorists and support the

authoritarian and expansionist designof his chief subsidizer, Hugo Chavez, with over 40,000 Cubanagents, including military and intelligence officers and indoctrinators, based in Venezuela. Raul Castro

has promised structural changes and open debate,but there are no signs of glasnost orperestroika in Cuba; no Chinese-type opening of the inefficient state-controlled economy; no

dismantling of the apartheid system, which effectively bars the local population from entering tourist

enclaves. A handful of political prisoners have been conditionally released, but more than 300

remain in prisonunder brutal conditions. Raul Castro has proposed swapping some of them for the

five Cuban spies held in the U.S. Relying primarily on military comrades from the Old Guard, the

regime is gearing up to quell increasing discontent and demands for reforms. The dissidents,

now more numerous and vocal than in the past, are constantly being harassed, and several

high-level government officials, accused of deviationism and disloyalty, were recently purgedand forced to repent, Stalin-style. Notwithstanding these developments, there are those in the U.S.

who contend that change in Cuba can be achievedwithout prodding, through soft diplomacy.

They urge Washington to stop, rather that sharpen and intensify, direct support to the dissident

movement on the island. And yet it was strong and sustained support to similar movements thathelped bring about the democratic transition in Poland and the rest of the Soviet-bloc countries. Others

recommend that the U.S. unconditionally lift the embargo on Cuba and give up its levers. That, in

essence, is what the European Union did by dropping its sanctions in the vain hope that human rights

would improve on the island. Assuming that Washington will pursue a quid pro quo engagement

with the Castro regime, a guarded approach is called for. The key objective from the U.S. side

should be to pave the way for democracy in Cuba with tangible steps leading to free

elections, and not to prop up the failed and bankrupt tyranny.It is a tyrannythat is striving toperpetuate itselfthrough several means. First,by shoring up its standing with high-level

negotiations in Washington and readmission to regional forums. Second, by harnessing plenty of

dollarsfrom herded American tourists to supplement Chavezs shrinking petro-subsidies. Third, by

obtaining U.S.-backed credit linesalong with access to international banks and monetary funds tofacilitate the renegotiation or cancellation of its huge external debt of close to $30 billion, as recently

reported by the Paris Club of creditors. That is the bailout that the Castro regime is seekinga

bailout that, without concrete and irreversible measures for a democratic transition in Cuba,

the U. S. must not support.


9/154



AT: Cuba Says No

Conditional engagement works bestcreates public accountability

Cuba Study Group, organization of Cuban businesses and community leaders, 6

(Cuba Study Group, 3/15/06, Cuba Study Group, EnhancingU.S. Policy toward Cuba: Building blocks ofa transition,http://www.cubastudygroup.org/index.cfm/files/serve?File_id=1634f963-ecad-4c6d-bd5c-

95ba8b693d8a,accessed 7/5/13, AK)

We believe the best vehicle to meet these challenges may be a well thought-out policy of

conditional engagement.We believe the Cuban exile community is prepared to accept a policy

change that would keep the regimes feet to the fire while encouraging meaningful change

by providing political and economic rewards only in exchange for meaningful political and

economic freedoms for the Cuban people.President Bush was met with thunderous applause when

he suggested this very idea during a speech in Miami on May 20, 2002. By clearly spelling out the

conditions required for changes in U.S. policy, with specific attention to realistic expectations

and priorities, the Cuban regime is put on the defensive and forced to explain to its ownpeople and to the international community, its failure to accept what are obvious,

reasonable conditions.Secondly, conditional engagement may in fact be the way to develop a

common multilateral policy with Latin American, European and other key nations.As we have

noted in our position paper entitled Building a Common, Multilateral Cuba policy, a common

international approach would be more effective than a unilateral policy.We suggest,

therefore, that the U.S. be prepared to adopt a policy towards Cuba that manifests a

commitment to change current policy in exchange for meaningful, positive and long-lasting

economic and political changes in Cuba.The conditions to be spelled out must be crafted

around the following fundamental premises: Ethical and moral principles should serve as the

bedrock on which we build our policies. The best interests of the United States and of Cuba

can only truly be served over the long-term through a thriving democracy and a prosperous

market-based economy in Cuba.Thus, the full extent of a complete, business-as-usual,

bilateral relationship should be reserved until such time. Every condition postulated should

promote a substantive change in Cuba that grants Cubans more freedoms, gives them more

rights, helps build a civil society, promotes family reunification and contacts or helps make

citizens less dependent on the state. We should attempt to emulate policies such as those

that existed in relation to pre-transition eastern European countries, which clearly led to

effective results. The policies must respect Cubas sovereignty. Accordingly, the U.S. policy

should be crafted as a response to legitimate efforts by the Cuban government and its

citizens to transform their nation toward an open society, with a market-based economy,

under the rule of law, where human rights and personal freedoms are respected. The releaseof all political prisoners.

Cuba Will Say YesEmpirically, pressure worked on prisoner reform

Carroll, Latin America correspondent, 10*Carroll, July 2010, The Guardian, Cuba indicatesit will free all its political prisoners,http://www.guardian.co.uk/world/2010/jul/25/cuba-to-free-all-

political-prisoners,7/7/13, AR]
http://www.cubastudygroup.org/index.cfm/files/serve?File_id=1634f963-ecad-4c6d-bd5c-95ba8b693d8ahttp://www.cubastudygroup.org/index.cfm/files/serve?File_id=1634f963-ecad-4c6d-bd5c-95ba8b693d8ahttp://www.cubastudygroup.org/index.cfm/files/serve?File_id=1634f963-ecad-4c6d-bd5c-95ba8b693d8ahttp://www.guardian.co.uk/world/2010/jul/25/cuba-to-free-all-political-prisonershttp://www.guardian.co.uk/world/2010/jul/25/cuba-to-free-all-political-prisonershttp://www.guardian.co.uk/world/2010/jul/25/cuba-to-free-all-political-prisonershttp://www.guardian.co.uk/world/2010/jul/25/cuba-to-free-all-political-prisonershttp://www.guardian.co.uk/world/2010/jul/25/cuba-to-free-all-political-prisonershttp://www.guardian.co.uk/world/2010/jul/25/cuba-to-free-all-political-prisonershttp://www.cubastudygroup.org/index.cfm/files/serve?File_id=1634f963-ecad-4c6d-bd5c-95ba8b693d8ahttp://www.cubastudygroup.org/index.cfm/files/serve?File_id=1634f963-ecad-4c6d-bd5c-95ba8b693d8a


10/154



Cuba has signaled that it will free all its political prisoners and let them stay on the island in a

bold attempt to repair Havana's ties with the international community. Senior officials said

therecent release of 15 prisoners would be followed by dozens moreand the dissidents

would be free to stay, should they wish, or they could emigrate. The announcement was

followed by another public appearance by Fidel Castro, who yesterday attended a ceremony

honouring comrades killed at the outset of his revolution over half a century ago. The 83-year-old former president wore an olive-green shirt and state media referred to him as "commander

in chief", emphasising his continued influence despite being sidelined by a health crisis in 2006.

His return to the limelight has coincided with the recent prisoner releases, part of a Vatican-

brokered deal in which the communist government promised to free 52 of 75 detainees jailed

in a 2003 crackdown. Last week the head of Cuba's parliament, Ricardo Alarcon, went further

and said it was the government's wish "to free all the people" on conditionthey had not been

accused of murder. Speaking on the sidelines of a conference in Switzerland, he said the

released men would not be forced into exile. "In Cuba there are people who have been freed

from prison several years ago and who stayed in their homes. As in this case." Western

diplomats in Havana said authorities were taking brave, pragmatic steps. "It shows thegovernment is willing to change course," said one. "Whether it is linked to a wider process,

time will tell." Spain has urged the European Union to reward Havana with diplomatic and

economic concessions. The releasesand promise of more to comealtered the political

landscape, said Michael Shifter, head of the Inter-American Dialogue thinktank. "It does not

signify political liberalisationno one is claiming thatbut it is a positive stepin which

everyone wins." He urged the Obama administration to respond creatively. Exactly how many

political prisoners there are is now an urgent question. Amnesty International, using narrow

criteria, lists 53 prisoners of conscience. Human Rights Watch, which includes activists jailed on

ostensibly criminal charges, estimates more. The Cuban Human Rights and National

Reconciliation Commission counted 167. The Castro government does not acknowledge holding

any political prisoners, only US-funded "mercenaries" and "terrorists". Freeing prisoners

should help President Raul Castro to concentrate on stalled economic reforms which are

widely expected to determine the fate of the revolution."Raul knows that's where he needs

to direct his energies," said one diplomat. Over the weekend a group of artists and intellectuals

probed the boundaries of official tolerance with an unauthorised three-day meeting in Havana

to debate Cuba's future. "It was an experiment to see if people could openly express views,"

said Antonio Rodiles, one of the organisers. "If we succeed with this I think we will be able to

say we have all won: the authorities, the participants and the public."

Raul will be more open to exchange engagement for reform

Perez, Yale Law School, 10*David A. Perez, 9/2010, America's Cuba Policy: The Way Forward: A Policy Recommendation for the

U.S. State Department, MVL+

The notion of offering a quid pro quo - easing restrictions for genuine irreversible reform - has

always been impos-sible because of Fidel's stubborn personality. Once he is out of the picture

permanently, there would be no other leader who could maintain such rigidity in the face of

genuine and constructive engagement from Washington. Re-form-oriented leaders will


11/154



[*207] feel less pressure to remain silent, while the government itself will feel more pressure

from the populace to address the growing concerns on the island. While Fidel Castro has always

exuded confidence in his leadership, in the immediate wake of his death the Cuban regime is sure

to feel a tremendous amount of insecurity, which, if handled properly and respectfully, would

strengthen Washington's political hand. n52 At that point, the best - indeed, the only - way to have

leverage in Cuba, is for America to engage the island directly.

Raul Castro willing to put state interest over ideology if US pressures

Perez, Yale Law School, 10*David A. Perez, 9/2010, America's Cuba Policy: The Way Forward: A Policy Recommendation for the

U.S. State Department, MVL+

American diplomacy has traditionally suffered from a lack of funding and use. n62 This diplomatic

neglect is perhaps no more apparent than in the case of U.S.-Cuban relations. Therefore, to influence

Cuba's behavior, particularly in the area of human rights and democracy, the U.S. State

Department should directly engage the Cuban government. Short of a costly [*211] military

invasion, there is no realistic chance of toppling the current regime, either through the embargo or thetravel ban. On the other hand, it is not certain that direct engagement would yield results on every

issue, or any issue for that matter. However, if the United States were to extend a sincere olivebranch to the Cuban government, and these efforts then failed to achieve any measurable progress, a

more cogent argument could then be advanced for the re-implementation of a hard-line approach. Fidel

and Raul Castro, when forced to choose, have consistently put the state above their

revolution: they did so during the Cold War when they aligned themselves too closely with the SovietUnion in order to stay in power; they did so during the "Special Period" of the 1990s when they

introduced market reforms to help the economy recover; n64 and they are doing so now by

introducing even more economic reforms, while showing a modicum of political pragmatism byreleasing some political prisoners n65 and allowing some demonstration


12/154



AT: No SolvencyCant Define Dissident

Definition of a Cuban Political Dissident

Steinberg, researcher in Human Rights Watchs Americas Division, 09[Steinberg,

November 2009, Human Rights Watch, New Castro, Same Cuba,http://www.hrw.org/sites/default/files/reports/cuba1109web_0.pdf, 7/7/13, AR]

This report will use the term dissident to refer to any individual who expresses dissent

toward the government.This includesa broad range of nonviolent actors in Cuba, including

human rights defenders, journalists, and trade unionists, as well as members of political

groups, religious organizations, and other civil society groups not recognized by the Cuban

government, and thus considered illegal. It also consists of people unaffiliated with anygroup who criticize the government or who abstain from cooperating with the state in some

way. These diverse individuals do not share a single ideology, affiliation, or objective.

It is not uncommon for dissidents in Cuba to exercise their dissent through more than one

medium. A person, for example, may belong to an unauthorized political group andsimultaneously monitor human rights abuses. We consider this individual a human rights

defender, a political activist, and a dissident. At points in this report we will refer to such

individuals solely using the umbrella term of dissident. The Cuban government, however,

does not differentiate betweenthese individuals or their forms of expression, branding all

dissent as counterrevolutionary activity and thus worthy of punishment.


13/154



Net Benefits


14/154



Shunning

Conditional engagement best solves ethical obligation to sanction immoral behavior

Werlau, staff writer for WSJ, 9

*Maria, 4/13/09, The Wall Street Journal, Toward a New Cuba Policy,http://online.wsj.com/article/SB123958449490312295.html, accessed 7/7/13, AK]

The ascendancy of Ral Castro to Cuba's presidency has fueled expectations of reform in the

50-year-old dictatorship.Next week, President Barack Obama will be pressed on the issue at the

Summit of the Americas in Trinidad-Tobago. It is a good time to acknowledge that neither the U.S.

embargo nor engagement by the rest of the world have helped Cubans attain their rights.

Sanctions, though ethically justified, can't work unilaterally; treating Cuba as a normal

partner is immoral and counterproductive. A new unified approach is needed.Just as the

oppressed people of South Africa, Chile, and other tyrannies received international support, finding an

effective approach to the Cuba problem is a shared duty.It is also in everyone's interest. A

democratic, stable and prosperous Cuba would cease threatening the security of the region, slow theflow of Cuban refugees and provide better trade and business opportunities. If the U.S. president

understands totalitarianism better than his hemispheric counterparts, he will remind them that at the

Ibero-American Summit in 1996 Fidel Castro signed the Via del Mar Declaration pledging to support

democratic pluralism. He has consistently ignored all such international agreements. Now Trinidad

summiteers should jointly call Cuba's bluff. What is needed is a policy of comprehensive

conditional engagement.Measures chosen from the menu of possible policy measures should

not depend on cooperation from Cuba, should be flexible if Cuba responds, and should factor

in sanctions of increasing firmness. Developing a multilateral effort would extend the

responsibility for the democratization of Cuba to the international community, where it

belongs.
http://online.wsj.com/article/SB123958449490312295.htmlhttp://online.wsj.com/article/SB123958449490312295.html


15/154



Human Rights Credibility

Even if Castro says No, still bolsters US credibility

OSullivan, Foreign Policy Writer, and Haas, foreign policy writer, 2000.

*Meghan L. and Richard N., 6/2000, Brookings Institution, Engaging Problem Countries,http://www.brookings.edu/research/papers/2000/06/sanctions-haass,accessed 7/6/13,AK]

Rather than continuing with its 40-year-old approach, the United States should simultaneously pursue

two forms of engagement with Cuba. First,the U.S. government should test Fidel Castro's

willingness to engage in a conditional relationship and to chart a course toward more

satisfactory relations. The United States should enter into a dialogue with Castro in which

reasonable benefits are offered in return for reasonable changes in Cuban behavior. Rather

than insisting on regime change or immediate democratic elections in Cuba, U.S. policymakers should

make lesser goals the initial focus of their policy; the more ambitious the demands, the less

likely Castro is to enter into a process of engagement. For instance,a willingness tosettle claims

for expropriated assets, release political prisoners, and/or legitimize political partiesmight be

proposed in exchange for lifting various elements of the embargo. If Castro accepted this

dialogue, U.S. policy would advance real political liberalization on the island; if Castro

rejected these attempts at conditional engagement, Washington would still ease tensions

with its European allies by demonstrating increased flexibility.
http://www.brookings.edu/research/papers/2000/06/sanctions-haasshttp://www.brookings.edu/research/papers/2000/06/sanctions-haasshttp://www.brookings.edu/research/papers/2000/06/sanctions-haass


16/154



US Leadership

Conditional engagement sends regional signal of US leadership

Pascal Vice President and Director of Foreign Policy, Brookings Institution and Huddleston,

Visiting Fellow 9(Carlos and Vicki, Foreign Policy Report of the Brookings Project on U.S. Policy Toward a Cuba inTransition, Brookings Project on U.S. Policy Toward a Cuba in Transition, April,

http://www2.fiu.edu/~ipor/cuba-t/BrookingsCubaReport-English.pdf 7-6-13 SH)

Engagement does not mean approval of the Cuban governments policies, nor should it

indicate a wish to control internal developments in Cuba; legitimate changes in Cuba will

only come from the actions of Cubans.If the United States is to play a positive role in Cubasfuture, it must not indulge in hostile rhetoric nor obstruct a dialogue on issues that would advance

democracy, justice, and human rights as well as our broader national interests. Perversely, the policy

of seeking to isolate Cuba, rather than achieving its objective, has contributed to undermining the

well-being of the Cuban people and to eroding U.S. influence in Cuba and Latin America. It hasreinforced the Cuban governments power over its citizens by increasing their dependence on it for

every aspect of their livelihood. By slowing the flow of ideas and information, we have unwittingly

helped Cuban state security delay Cubas political and economic evolution toward a more open and

representative government. And, by too tightly embracing Cubas brave dissidents, we have provided

the Cuban authorities with an excuse to denounce their legitimate efforts to build a more open

society.

Cuba policy should be a pressing issue for the Obama administration because it offers a

unique opportunity for the president to transform our relations with the hemisphere. Even

a slight shift away from hostility to engagement will permit the United States to work

more closely with the region to effectively advance a common agenda toward Cuba.

By announcing a policy of critical and constructive engagement at the April Summit of theAmericas in Trinidad and Tobago, the president can prove that he has been listening to the

region. He can underline this commitment by removing all restrictions . On travel and

remittances on Cuban Americans, and engaging in dialogue with the regime, as promised

during his campaign. By reciprocally improving our diplomatic relations with Cuba, we will

enhance our understanding of the island, its people, and its leaders. However, while these

measures will promote understanding, improve the lives of people on the island, and

build support for a new relationship between our countries, they are insufficient to ensure

the changes needed to result in normal diplomatic relations over time.
http://www2.fiu.edu/~ipor/cuba-t/BrookingsCubaReport-English.pdf%207-6-13http://www2.fiu.edu/~ipor/cuba-t/BrookingsCubaReport-English.pdf%207-6-13


17/154



Politics

Bipartisan support that Human Rights agreements should be a precondition to

engaging with Cuba.

Williams, FOX News Political Analyst, 13*Juan, 2/5/13, FOX News, The US would be crazy to re -establish ties with Cuba,

http://www.foxnews.com/opinion/2013/02/02/why-us-should-not-re-establish-ties-with-cuba/,

accessed 7/2/13, AK]

With so many signs pointing in one directionresumption of U.S. ties to Cubait is time to call for a

STOP sign.For example, CELACs decision is tragically wrong given Cubas awful history on human

rights and democracy.Cuba continues to jail political opponents and suppress free speech. That is a

fact.Independent observers can see it. Jos Miguel Vivanco of Human Rights Watch said Castros

selection as CELAC president sends a message *that Latin governments+ couldnt care less about the

poor human rights record and the lack of fundamental freedoms in Cuba.And it will be a mistake for

President Obama to end any part of the U.S. embargo without insisting on a full slate of democratic

freedoms, human rights and property rights in Cuba.Writing in the Wall Street Journal last year, I

expressed my disagreement with those who have suggested cozying up to Latin American dictators like

the Castro brothers and Hugo Chavez in Venezuela. It is personal with me. My family fled Panama in the

early 1950s to escape the poverty and open the door to education and opportunity. Those doors were

shut by a Latin strong man -- Panamas Arnulfo Arias. I wrote: My life's major turn away from poverty

came thanks to my father's vision of his children escaping a despot like Arias. That dream of a better life

is alive throughout Latin America. To romanticize any dictator is to kill those dreams by condemning

poor kids in Latin America, like me, to tyrants and the burden of limited education and economic

opportunity." Congressional Republicans remain largely united in their opposition to normalizing

relations with Castros Cuba.They are led by Florida Senator Marco Rubio and Florida Congresswoman

Ileana Ros-Lethnien, both Cuban Americans. New Jersey Democratic Senator Bob Menendez, a Cuban

American, supports continuing tight restrictions to isolate the Castro regime and promote democracyand human rights for the Cuban people.He is scheduled to become chair of the Senate Foreign

Relations panel. It will be up to Rubio, Ros-Lethnien and Menendez to stop President Obama from

making a big mistake and turning away from a freedom agenda for Americas neighbors in Latin

America. STOP!

Congress will not support unconditional lift

Claver-Carone, Executive Director of Cuba Democracy Advocates, 13[Mauricio, 4-2-13, The American, Cuba Sees an Opening,

http://www.american.com/archive/2013/april/cuba-should-remain-designated-as-a-state-sponsor-of-

terrorism,7-7-13, GZ]

Cubas Castro brothers have spent billions of dollars over the last decade seducing U.S. farm

bureaus and agri-business to lobby Congress to support lifting sanctions on Cuba. Recently

recognizing that Congress is unlikely to support unconditional changes, and perceiving a possibleopening with the new Secretary of State John Kerry, Castro lobbyists have shifted their focus to the

Obama administration and a related goal: the removal of Cuba from the State Department s list of state

sponsors of terrorism.
http://www.american.com/archive/2013/april/cuba-should-remain-designated-as-a-state-sponsor-of-terrorismhttp://www.american.com/archive/2013/april/cuba-should-remain-designated-as-a-state-sponsor-of-terrorismhttp://www.american.com/archive/2013/april/cuba-should-remain-designated-as-a-state-sponsor-of-terrorismhttp://www.american.com/archive/2013/april/cuba-should-remain-designated-as-a-state-sponsor-of-terrorism


18/154



There is bipartisan support against concessions to Castro dictatorship.

De la Cruz, Vice President of the Governor's Board of Commerce in Puerto Rico, 11[Alberto, 11-15-11, Babalu, Bipartisan effort in U.S. Senate stops another unilateral concession to the

Castro dictatorship, http://babalublog.com/2011/11/15/bipartisan-effort-in-u-s-senate-stops-another-

unilateral-concession-to-the-castro-dictatorship/,7-7-13, GZ]

Democrat Senator BobMenendezandRepublican Senator Marco Rubioled a bipartisan effort

late yesterday to stopa "minibus" Senate spending bill, which contained another unilateral

concession to the Castro dictatorship. In a three-bill spending packagethat funds the State

Department and foreign operations, a provision was inserted that would allow U.S. banks to do

direct business with the Castro regime. Thisprovision would have given the illegal and criminal

Cuban dictatorship permission to open bank accounts in U.S. financial institutions. The Senatewas stalled on Monday evening as senators started debate on the energy and water appropriations bill,

which Senate Democratic leaders want to combine with the State and foreign ops and financial services

appropriations bills into a miniature omnibus measure that's affectionately known on the Hill as a

"minibus." By packaging three bills together, the Senate hopes to be able to get more work done faster.

However, two senators won't let that happen until their concerns about language allowing U.S. banks todo business in Cuba are addressed. "There is concernamong a group of senators on both sidesof

the aisle withlongstanding concerns for human rights and democracy in Cuba with regard to the

loosening of restrictions on Cuba in the financial services bill," a senior GOP Senate aide told TheCable Monday afternoon. "If that language was taken out, those senators would drop their objection to

bringing up foreign ops for consideration." Procedurally, Senate Majority Leader Harry Reid (D-NV) has

already brought up the energy and water appropriations bill and wants to add the other two bills

(state/foreign ops and financial services) as an amendment. But Reid needs unanimous consent in order

to do that without a lengthy cloture process, and we're told by Senate sources that Sens. Robert

Menendez (D-NJ) and Marco Rubio (R-FL) are objecting. "Senator Rubio is objecting to a provision in the

bill that would allow Cuba to become the only country on the State Department's State Sponsors of

Terrorism list with a general exception for access to U.S.-based financial institutions," Rubio'sspokesman Alex Conant told The Cable. "Under Cuban law, the Castro regime has a monopoly on all

banking, commerce and trade, so this amendment would allow Cuba's totalitarian regime to

directly open corresponding accounts in U.S.-based financial institutions, and vice versa." Thesenators don't have any problem with the State and foreign ops section of the minibus, but Reid's

attempt at adding both bills as one amendment has embroiled them in the dispute.
http://babalublog.com/2011/11/15/bipartisan-effort-in-u-s-senate-stops-another-unilateral-concession-to-the-castro-dictatorship/http://babalublog.com/2011/11/15/bipartisan-effort-in-u-s-senate-stops-another-unilateral-concession-to-the-castro-dictatorship/http://babalublog.com/2011/11/15/bipartisan-effort-in-u-s-senate-stops-another-unilateral-concession-to-the-castro-dictatorship/http://babalublog.com/2011/11/15/bipartisan-effort-in-u-s-senate-stops-another-unilateral-concession-to-the-castro-dictatorship/


19/154




20/154



Mexico


21/154



1NC - Human Trafficking Conditions

Text: The United States federal government should

(do the mandates of the Aff plan)if and only if the government of Mexico agrees to a NationalAction Plan for Trafficking in Persons.

Many Mexican officials have been complicit in Human Trafficking

Department of State 10, OFFICE TO MONITOR AND COMBAT TRAFFICKING IN PERSONS from the StateDepartment, 6-14-2010, Trafficking in Persons Report 2010

http://www.state.gov/j/tip/rls/tiprpt/2010/142760.htm Accessed: 7-2-2013 BK)

NGOs, members of the government, and other observers continued to report that corruption

among public officials, especially local law enforcement and judicial and immigration officials,

was a significant concern. Some officials reportedly accepted or extorted bribes or sexualservices, falsified identity documents, discouraged trafficking victims from reporting their

crimes, or tolerated child prostitution and other human trafficking activity in commercial sex

sites. Two immigration officials arrested in 2007 for their alleged leadership of an organized

criminal group involved in human trafficking were convicted during the reporting period and

remain incarcerated pending sentencing. A highlevel immigration official was investigated for

suspected involvement in human trafficking.

We have a moral obligation to fight human traffickingit is the most fundamental assault on

humanity

Pryce, U.S. Representative 06*Deborah, U.S. Representative, May 8, COMBATING MODERN-DAY SLAVERYhttp://www.humanevents.com/article.php?id=14618]Date Accessed: 7-4-2013 BK

We have a moral obligation to fight this evil. Trafficking in human beings is an assault on our

most cherished beliefs, that every human being has freedomand dignity and worth. A nation

that stands for the freedomand dignity of every human being cannot tolerate the exploitation

of the innocent on its own soil. This needs to be a national priority, because it is a global outrage.In 2005, I led a congressional delegation to Italy, Greece, Albania and Moldova to meet with trafficking

victims and government officials and discuss ways to end this crime and protect its victims. During this

trip, and later during hearings I held as chairman of a House financial services subcommittee, I heard

testimony on the economic and financial implications of human trafficking, as well as the heartrending

stories of trafficking victims. Their stories of rape, torture and routine brutality are simply beyonddescription. Congress passed, and the President signed, the Trafficking Victims Protection

Reauthorization Act. This legislation strengthens the original Trafficking Victims Protection Act to keep

the U.S. at the forefront of the global war on this modern-day slavery. Included in the $360-million

package is an expansion of the Operation Innocence Lost program, a nationwide initiative that

aggressively pursues sex traffickers and child prostitution rings. Over the last two years, the program has

rescued more than 200 child victims and helped uncover the Toledo sex trafficking ring. Congress has

also recently taken steps to target demand for sex trafficking. Provisions of the Trafficking Victims
http://www.state.gov/j/tip/rls/tiprpt/2010/142760.htmhttp://www.humanevents.com/article.php?id=14618%5dDate%20Accessed:%207-4-2013%20BKhttp://www.humanevents.com/article.php?id=14618%5dDate%20Accessed:%207-4-2013%20BKhttp://www.humanevents.com/article.php?id=14618%5dDate%20Accessed:%207-4-2013%20BKhttp://www.state.gov/j/tip/rls/tiprpt/2010/142760.htm


22/154



Protection Act that I authored along with Rep. Carolyn Maloney (D.-N.Y.) will provide state and local law

enforcement with new tools to target demand and investigate and prosecute sex trafficking, fund a

national conference on best practices for reducing demand for sex trafficking and fund a review of the

incidence of sex trafficking in the U.S., to provide us with a more accurate picture of the scope of this

problem. Our law enforcement strategy must be wedded to a vigorous partnership between

government agencies and private and religious organizations on the front lines of this struggle. For yearsthese groups have helped rescue and support trafficking victims and raise awareness about the fight

against human trafficking. Human trafficking isa heinous crime, a betrayal of one of the most

basic obligations of morality -- the obligation to defend the innocent. The presence of this

scourge in our midst cannot and will not be tolerated. But those who would so debase

themselves and the human family by buying and selling women and children are beyond

mere reproach. They will not respond to outrage, but to action.

Plan should be used as leverage to ensure Mexico implements a National Action Plan for

Trafficking in Persons

Department of State 10, OFFICE TO MONITOR AND COMBAT TRAFFICKING IN PERSONS from the State

Department, 6-14-2010, Trafficking in Persons Report 2010http://www.state.gov/j/tip/rls/tiprpt/2010/142760.htm Accessed: 7-4-2013, BK)

Recommendations for Mexico: Approve and implement a National Action Plan for Trafficking

in Persons, including increased funding and guidance to federal agencies and state

governments for such implementation; increase federal and state efforts to investigate and

prosecute trafficking offenses, and convict and punish trafficking offenders, including

complicit public officials; uphold the principle, contained in Article 3 of the 2000 UN TIP

Protocol, that a victims consent is not relevant when elements of force or coercion are

verified; dedicate more resources for victim assistance and ensure that victims receive

adequate protection; increase collaboration with NGOs to provide victim care; continue to

implement formal procedures to identify trafficking victims among vulnerable populations;and increase anti-trafficking training for judges and law enforcement, including immigration

and labor officials.
http://www.state.gov/j/tip/rls/tiprpt/2010/142760.htmhttp://www.state.gov/j/tip/rls/tiprpt/2010/142760.htm


23/154



2NC


24/154



AT: Mexico Says N0

Empirical evidence proves condition worksMerida Initiative

Mendoza, AP writer, 10

*Martha, 09/03/10 U.S. Withholding Aid To Mexico Over Human -Rights Abuseshttp://www.huffingtonpost.com/2010/09/03/us-withholding-aid-to-mexico-human-

rights_n_705501.html 7/5/13 EYS]

The Obama administration is withholding $26 million in aid to Mexico, recommending that

the government give more power to its human rights commission and crack down on abusive

soldiers.

In a report released Friday, the State Department said the Mexican government, which is mired

in a violent battle with powerful drug cartels, has met human rights requirements to receive

$36 million in previously withheld funds that are part of a $1.4 billion Merida Initiative.

But the U.S. was going to withhold 15 percent of newly authorized fundsuntil the Mexican

government meets several requirements: enhancing authority of the National Human RightsCommission, limiting authority of military courts in cases involving abuse of civilians, and

improving communication with human rights organizations in Mexico.

"We believe there has been progress,very significant progress, on human rights in Mexico, but

as a policy decisionnot a legal decisionwe are going to wait on a portion of new fundingbecause

we think additional progress can be made," said Roberta Jacobson, a deputy assistant secretary forMexico and Canada at the State Department.

The Mexican government said it is working to improve human rights and urged Washington

to speed up implementation of the Merida Initiative."The State Department report establishes that the government of Mexico is carrying out actions to

strengthen the observance of human rights," the Foreign Relations Department said in a statement.

"Cooperation with the United States against transnational organized crime through the framework of

the Merida Initiative is based on shared responsibility, mutual trust and respect for the jurisdiction of

each country, not on unilateral plans for evaluating and conditions unacceptable to the government of

Mexico."

Maureen Meyer, a Mexico expert at the Washington Office on Latin America, which promotes human

rights and democracy in the region, said withholding funds sends the message "that you cannot

fight crime with crime and you cannot fight drugs while tolerating abuses by your security

forces."

The Merida Initiative was a 2008 commitment from the U.S. to help Mexico combat drug

cartels. Under the rules, the State Department must certify that Mexico is banning torture,

prosecuting law enforcement agents and soldiers who abuse civil rights before allocating all

of the funds.

A State Department report sent to the Senate this week commends the Mexican government

for cracking down on torture, improving transparency and listening to human rights groups'

allegations that about military abuses.

Butthe report, which has not been publicly released, said the government needs to be more public

and aggressive when investigating and prosecuting allegations of abuse by security forces.
http://www.huffingtonpost.com/2010/09/03/us-withholding-aid-to-mexico-human-rights_n_705501.html%207/5/13http://www.huffingtonpost.com/2010/09/03/us-withholding-aid-to-mexico-human-rights_n_705501.html%207/5/13http://www.huffingtonpost.com/2010/09/03/us-withholding-aid-to-mexico-human-rights_n_705501.html%207/5/13http://www.huffingtonpost.com/2010/09/03/us-withholding-aid-to-mexico-human-rights_n_705501.html%207/5/13


25/154



Mexico has faced repeated criticism for alleged military abuses. This year, human rights officials accused

soldiers of shooting two children and altering the crime scene to try to blame the deaths on drug cartel

gunmen.

The army denies the allegations, and says the boys, ages 5 and 9, were killed in April when their family's

vehicle was caught in the crossfire of a shootout between soldiers and gunmen in the northern state of

Tamaulipas.The scandal has renewed demands from human rights activists that civilian authorities, not the army,

investigate human rights cases involving Mexico's military.

Because Merida spending lags more than a year behind allocations, Friday's decision will have minimal

financial impact.

But Andrew Selee, director of the Washington D.C.-based Mexico Institute, said it does underscore

concerns, both in Mexico and the U.S., about the lack of progress in fairly prosecuting public officials

accused of committing human rights abuses.

"This has raised particular concern in the U.S. Congress, where there remains considerable support for

Mexico's efforts against organized crime, but also some worries about the lack of progress in ensuring

transparent investigations of alleged human rights abuses," said Selee.

Merida initiative proves that conditional engagement with Mexico has been successful.Huffington Post, 9*8/5/09, Huffington Post, Mexico Anti-Drug Aid Delayed Due To Human Rights Criticism,

http://www.huffingtonpost.com/2009/08/05/mexico-anti-drug-aid-dela_n_251586.html, accessed

7/5/13, MC]

WASHINGTON Sen. Patrick Leahy, D-Vt., blocked the release of a favorable State Department report

on Mexico's human rights record, The Washington Post reported Wednesday.

Leahy's action delays the release of $100 million in U.S. aid meant to help Mexico combat drug

traffickers. The Merida Initiative, a $1.4 billion, three-year package, requires Congress to

withholdsome of the funding unless the State Department reports that Mexico is not violating

human rights while prosecuting the drugwar, the Post reported."Those requirements have not been met, so it is premature to send the report to Congress," Leahy said

in a statement released to the newspaper. "We had goodfaith discussionswith Mexican and U.S.

officials in reaching these requirements in the law, and I hope we can continue in that spirit."The Post reported that the State Department had intended to send its report praising Mexico's progress

on human rights to Congress this week. But aidesto Leahy, chairman of the Senate Appropriations

foreign operations subcommittee, cited reports of torture and forced disappearances in rejecting

the report.
http://www.huffingtonpost.com/2009/08/05/mexico-anti-drug-aid-dela_n_251586.htmlhttp://www.huffingtonpost.com/2009/08/05/mexico-anti-drug-aid-dela_n_251586.html


26/154



Net Benefits


27/154



Politics

There is bipartisan support against human rights violations in Mexico

Meyer, Director of WOLA Mexico, 2013

[Maureen, 4-25-2013, WOLA, As President Obama Heads to Mexico, Members of Congress Express Concern overRights,

http://www.wola.org/news/as_president_obama_heads_to_mexico_members_of_congress_express_concern_ov

_rights,GZ]

On April 23, 24 members of Congress sent a letter to Secretary of State John Kerry expressing their con

about the persistence of grave human rights violations in Mexico and urging the administration to ma

defense of human rights a central part of the U.S.-Mexico bilateral agenda. The bipartisan letter sponsoCongressmen James Moran (D - VA) and Ted Poe (R - TX) comes just a week before President Obama will travel t

meet with Mexican President Enrique Pea Nieto. The letter cites the five-fold increase in complaints of hu

rights violations by Mexican soldiers and federal police since the Mexican government began its war on o

crimein 2006 and advises Secretary Kerry that *n+ow is an opportune moment to work with the Mexican goverimprove the situation in that country. The Washington Office on Latin America (WOLA) supports this let

believes that it is critical for the United States to express its concern about the human rights situation

country as well as its support for the Mexican governments efforts to protect human rights. The dire

rights situation in Mexico is not going to solve itself, said Maureen Meyer, WOLA Senior Associate for Mexico an

America. As the bilateral agenda evolves, it is critical that the U.S. and Mexican governments continu

on how best to support and defend human rights in Mexico. The letter expresses concern not only about

proliferation of human rights violations committed by government security forces, but also about the fact that o

handful of those responsible for such violations are ever investigated or sanctioned.Unfortunately, a

these abuses go uninvestigated, and as a consequence, unpunished, the members of Congress write, no

government data shows that only two federal agents were convicted for torturebetween January 1994 an

and only 38 soldiers have been sentenced by military courts for human right abusessince 2006. To dat

Mexican government has not responded affectively to abuses committed by members of the armed forcefederal police against the civilian population, said Meyer. Holding violators of human rights accountable by inv

specific cases is key to curbing abuses. The United States has provided Mexico with over US$1.9 billion in securi

assistance since FY2008. However, as the congressional letter notes, the State Department is currently withholdi

million of this assistance until the United States identifies areas of future collaboration with the Pea Nieto gove

key human rights issues. The members of Congress emphasize that *t+he human rights crisis will not im

until there are stronger legal protections, increased human rights training for Mexicos security force

more government agents held responsible for the human rights violations they commit.
http://www.wola.org/news/as_president_obama_heads_to_mexico_members_of_congress_express_concern_over_human_rightshttp://www.wola.org/news/as_president_obama_heads_to_mexico_members_of_congress_express_concern_over_human_rightshttp://www.wola.org/news/as_president_obama_heads_to_mexico_members_of_congress_express_concern_over_human_rightshttp://www.wola.org/news/as_president_obama_heads_to_mexico_members_of_congress_express_concern_over_human_rights


28/154




29/154



Venezuela


30/154



1NCElection Reforms Conditions

Text: The United States federal government should substantially increase its economic

investment in oil infrastructure in Venezuela if and only if the government of Venezuela

agrees to election reforms.

Engagement with without conditions fails

Christy, a senior policy analyst at the Foreign Policy Initiative, 13(Patrick, 3/15/13, Obama Must Stand Up for Democracy in Post-Chavez Venezuela,

http://www.usnews.com/opinion/blogs/world-report/2013/03/15/after-chavez-us-must-encourage-

democratic-venezuela,Accessed 7/5/13,I.K)

Washington must realize that a strategy of engagement alone will not ensure a renewed and

improved partnership with Caracas.Failure to realize this will not only undermine whateverinfluence America has in the months ahead, but also send a troubling signal to Venezuela's increasingly

united political opposition. The Obama administration should instead pursue a more principled

policy towards a post-Chavez Venezuela. In particular,it should: pressure Caracas to

implement key election reforms.Venezuela's opposition faces formidable obstacles. InterimPresident Maduro will use the government's near-monopoly control of public airwaves, its established

networks of political patronage and last-minute public spending programs to bolster his populist

agenda. Washington should stress publicly and privately that any attempts to suppress or intimidate the

opposition runs contrary to Venezuela's constitution and the principles defined in the Inter-American

Democratic Charter, which was adopted by Venezuela in 2001. To this point, Jos Crdenas, a former

USAID acting assistant administrator for Latin America, writes, The Venezuelan opposition continues to

insist that the constitution (which is of Chavez's own writing) be followed and have drawn up a list of

simple electoral reforms that would level the playing field and better allow the Venezuelan people to

chart their own future free of chavista and foreign interference. Demand free, fair and verifiable

elections. Although Venezuela announced that a special election to replace Chavez will be held nextmonth, it is important to remember that elections alone do not make a democracy. Indeed, Chavez long

embraced the rhetoric of democracy as he, in reality, consolidated executive power, undermined

Venezuela's previously democratic political system and altered the outcomes of election through

corruption, fraud and intimidation. The Obama administration should make clear that free and fair

elections, properly monitored by respected international election observers, are essential toVenezuela's future standing in the hemisphere and the world. Likewise, Secretary of State John Kerry

should work with regional partnersincluding (but not limited to) Brazil, Canada, Colombia and

Mexicoto firmly encourage Maduro's interim government. A unified regional voice would send a

powerful signal to Chavez's cronies in Caracas and longtime enablers in China, Iran and Russia.

Condition future diplomatic and economic relations.Corruption and criminality were widespreadunder the Chavez regime, as high-level government and military officials benefited from close ties to

corrupt businesses and international drug traffickers. Yet to date, the Obama administration has done

little to hold Venezuela's leaders accountable. Washington shouldmake clear that full diplomatic

relations with the United States will be contingent upon Venezuela ending ties to

international terrorist groups and rogue regimes like Iran. If Venezuela takes meaningful
http://www.usnews.com/opinion/blogs/world-report/2013/03/15/after-chavez-us-must-encourage-democratic-venezuelahttp://www.usnews.com/opinion/blogs/world-report/2013/03/15/after-chavez-us-must-encourage-democratic-venezuelahttp://www.usnews.com/opinion/blogs/world-report/2013/03/15/after-chavez-us-must-encourage-democratic-venezuelahttp://www.usnews.com/opinion/blogs/world-report/2013/03/15/after-chavez-us-must-encourage-democratic-venezuela


31/154



steps to end these ties and ensure future elections, the United States should work with

Caracas and the private sector to reform Venezuela's energy industry and identify key

development projects and reforms to improve the country's economic future. The United

States can play an important role in shaping Venezuela's post-Chavez future. But to do so, the Obama

administration will need to stand with the people of Venezuela by publicly defending

democratic principles and the impartial rule of law in Latin America.


32/154



2NC


33/154



Solvency

The US should create prerequisites before engaging with Venezuela

Roberts, Research Fellow For Economic Freedom and Growth, 13

(James, 4/15/13, Venezuela: U.S. Should Push President Maduro Toward Economic Freedom,http://www.heritage.org/research/reports/2013/04/venezuela-us-should-push-president-maduro-

toward-economic-freedom, Accessed 7/5/13, I.K)

Washington should insist on strict conditionality beforesending a new U.S. ambassador to

Caracas or assenting to any new lending to Venezuela by international financial institutions

until the new government:

Produces a comprehensive plan for reform that reduces the size of the public sector, reversesnationalizations and expropriations of land and enterprises with just compensation to owners, restores

the independence of the central bank and judicial institutions, reforms the electoral system, andsubmits to an internationally supervised audit of the governments books during the Chavez years;

Takes steps to privatize PDVSA to bring in international equity partners with the expertise and financial

capacity to restore PDVSA to the high level of professional operational and managerial expertise for

which it was widely respected prior to 1999;

Immediately stops all subsidies to Cuba and terminates wasteful and economically

destabilizing subsidy programssuch as PetroCaribe and ALBA;

Ceases cooperation with international state sponsors of terrorism(such as Iran) and joins the

international communitys cooperative efforts in the fight against transnational crime,

narco-trafficking, and terrorism;and

Restores freedom of the press and access to information for all Venezuelans.

The foundations of economic freedom in Venezuela were severely weakened during the 14-year misruleby Chavez. Although Chavezs death may aggravate instability and further polarize Venezuela, it need

not be that way. Venezuela is in need of immediate and sweeping reforms, but these changes will take

time, effort, determination, and, above all, dedicated reformers in Venezuela. The Obama

Administration should step into the breach with active and forward-looking policies to bring Venezuela

back into the globalized economic system.
http://www.heritage.org/research/reports/2013/04/venezuela-us-should-push-president-maduro-toward-economic-freedomhttp://www.heritage.org/research/reports/2013/04/venezuela-us-should-push-president-maduro-toward-economic-freedomhttp://www.heritage.org/research/reports/2013/04/venezuela-us-should-push-president-maduro-toward-economic-freedomhttp://www.heritage.org/research/reports/2013/04/venezuela-us-should-push-president-maduro-toward-economic-freedom


34/154



AT: Perm - Condition Something Else

The US must use energy sector leverage in order to pressure Maduro

Walser, Ph.D. Senior Policy Analyst, 13

(Ray,3/18/13,Beware of Venezuelas Paranoid Anti-Americanism,http://blog.heritage.org/2013/03/18/beware-of-venezuelas-paranoid-anti-americanism/, Accessed

7/7/13,I.K)

Attacks on the U.S. are integral to the strategy of Maduro and the inner Chavista circle. Their current

course aims to inflame the nationalistic militancy of Chavezs followers. It is a calculated effort to

distract Venezuelan voters from grave violations of the constitutional order and stark domestic

challengesinflation, fiscal deficits, devaluations, crime, and increasing food shortagesthat have

worsened since Maduro took de facto control of the government in early December 2012. Governability

and stability in Venezuela before and after the elections could become a major challenge. The Miami

Heralds veteran Venezuela watcher Andres Oppenheimer suggests that the April 14 elections will be

neither fair nor genuinely free. Maduros wild accusations also lower expectations for swift

improvement in relations with the U.S. The limited leverage that the U.S. still poses over

Venezuela resides in its commercial, financial, and energy links and in the frayed democratic

consensus in the inter-American community. Like it or not, the Obama Administration finds

itself drawn into Venezuelas growing crisis of governability caused by the increasingly

irresponsible behavior of Chavez knock-offs like Maduro.
http://blog.heritage.org/2013/03/18/beware-of-venezuelas-paranoid-anti-americanism/http://blog.heritage.org/2013/03/18/beware-of-venezuelas-paranoid-anti-americanism/


35/154



AT: Venezuela Says No

Despite recent tensions, Maduro wishes to increase relations with the United States

Jamison, International Politics at Georgetown University, 2013

[Anne, 4/27/13, Policymic, Maduro Venezuela: He wont usher in a new era of U.S.-Venezuelarelations, and thats OK,http://www.policymic.com/articles/40027/maduro-venezuela-he-

won-t-usher-in-a-new-era-of-u-s--venezuela-relations-and-that-s-ok, 7/5/13, TZ]

The April 19 inauguration of Nicols Maduro, vice president of Venezuela under the recently deceased

Hugo Chvez, has the world debating whether or not the self-proclaimed "son of Chvez" could lead to

improved relations with the United States. However, the question isn't as relevant as we are making it

out to be. The U.S. and Venezuela have for years managed to cooperate economically, despite

all the heated political rhetoric you read about in the media, and they'll likely continue to do so.Before we tackle the future of diplomatic relations, allow me to offer a brief history of the tumultuous

relationship shared by Venezuela and the U.S. in the past 14 years. Let's begin with the nasty break-up

that occurred when Hugo Chvez assumed office in 1999. Prior to Chvez, the U.S. and Venezuelaenjoyed a rather blissful diplomatic and economic relationship, complemented by the shared ambition

to curb illegal drug production and distribution. This strong relationship between the two countries

existed under the government of conservative neoliberal Rafael Caldera (President of Venezuela 1969-

1974; 1994-1999). In 1999 things began to go downhill, and were hardly helped by the controversy over

the Bush administrations support for the failed coup attempt against Chvez. In 2005 the two countries

stopped working together to fight illegal drugs. Then, in 2006, there was Chvez's infamous speech to

the United Nations in which he referred to George W. Bush as the devil. In 2008 Venezuela broke off

diplomatic ties with the U.S. altogether out of solidarity with its ally Bolivia, but President Obama

managed to patch thingsup to an extent in June 2009. Ties between the two countries have

been strained(to the extent that neither country had an ambassador in the others capital since June

2010), until now, when the opportunity for an improved relationship has accompanied a newleader to the table. It is worth nothing that throughout diplomatic problems OPEC member Venezuelanever stopped supplying oil, its biggest export, to the U.S., its biggest customer. Optimists cringed as

Maduro employed a strong anti-American sentiment in his campaign to be Chvez. To be fair, it would

have been hard to try and embody the spirit of Chvez without aggressively opposing the United States.

Maduro even went so far as to suggest that the CIA was responsible for the cancer that killed Chvez on

March 5. Albeit unsurprisingly, none of Maduro's rhetoric looked particularly promising. However, just

before securing the election, Maduro contacted the former governor of New Mexico, Bill

Richardson, who was in Caracas on behalf of the Organization of American States. Maduro

said, according to an interview with Richardson, that "we want to improve the relationship

with the U.S., regularize the relationship." Apparently the U.S. did not respond favorably to this,

and subsequently supported a recount of the close election that declared Maduro the winner. Madurohardly found this amusing in the aftermath of the 2000 Bush vs. Gore election, and referred to the

actions of the U.S. as "brutal" and "vulgar." However, during a live television address on Tuesday,

Maduro seemed to offer a conciliatory message. "We want to have the best ties with all the

world's governments, and the U.S. government, but on the basis of respect. There can be no

threats." He also named Calixto Ortega the new charge d'affaires in Washington, doing so in

hope of opening up a dialogue with the U.S. in the absence of an ambassador. Maduro

proceeded to proclaim that Venezuela "[hopes] one day to have respectful relations with the


36/154



United States, a dialogue between equals, state-to-state." These are, without question,

steps in the right direction. They are not, however, reason to assume that diplomatic ties betweenthe U.S. and Venezuela will get their happy ever after. Ultimately, if the 14 years of Chvez proved

anything about relations between the two nations, they proved that their economic co-dependent

relationship is not dependent on having a stable diplomatic relationship or any diplomatic relationship

at all. Keeping that in mind, while both sides would prefer amicable diplomatic relations, they are not amatter of life or death. Their trade relationship is intact, and that is their priority.


37/154




38/154



General - 2NC/1NR


39/154



Theory


40/154



2NC Conditions CP GoodConditions Counterplans are good

Key to neg groundholding the aff to immediacy and solely governmental action is critical to politicsand perception DAsthat the majority of negative ground this yearthey cause one-side debate

which kills clash and research because theres no incentive to do neg workinternal link turns in-

round education and destroys the only portable skill from debate

Key to strategic thinkingincreases avenues for discussion which enhances quality debate and

education

Counterplan guarantees groundinherency means theres opposition to the condition in the status

quo by affected parties

Net benefits check abuseaff can straight turn the net benefit

Counter-interpretation: Conditions CPs are legitimate if their net benefits justify the status quo

means debates are topic specific and predictablesolves all of their offense

Default to theoretical reasonabilitywe just have to win we dont destroy debate, not that we make

it perfect

Reject the argument, not the teamno precedent is set by voting on Conditions theory


41/154



2NC AT Textual CompetitionEvaluating whether two policies can practically co-exist is best:

We meetThe Counterplan still competes textually because the plan text uses words like will orshould that imply unconditional and guaranteed enforcement.

Counterplan Groundtextual competition destroys our ability to counterplan in uniqueness by

making ban the plan non-competitive, which is critical to ground. The aff can always rearrange

words or letter to make all counterplans not competitive.

Hurts Education and Clashdebating about various interpretations of texts better simulates critical

thought and allows more clash because you can read disads and turns off of the effects of the policy

instead of only evaluating the words in a vacuum.

Its bad for the Aff tooit allows counterplans to exclude a word from the plan or replace acronyms orhyphens and win on dumb net benefits like E-prime and Marcouse.


42/154



2NC AT PermDo CP

It is severance

TextuallyCP excludes/switches [ ] from the plan textproves its

distinct.

Functionally

Resolved means to make a firm decision about, American Heritage Dictionary, 03 indicates

certaintythe CP severs out of that by allowing Cuba to not meet the conditionmeans the

permutation structurally excludes topical action.

Should means used to express obligation, Dictionary.com, 03the CP is neither immediate or an

obligationshould requires immediate legal effect.Summers 94(JusticeOklahoma Supreme Court, Kelsey v. Dollarsaver Food Warehouse of Durant, 1994 OK 123, 11-8,http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=20287#marker3fn13)

The legal question to be resolved by the court is whether the word "should" 13in the May 18 order connotes

futurity or may be deemed a ruling in praesenti.14The answer to this query is notto be divined from rules of grammar;15it

must be governed by the age-old practice culture of legal professionals and its immemorial language

usage. To determine if the omission (from the critical May 18 entry) of the turgid phrase, "and the same hereby is", (1) makes it an in futuroruling - i.e., an expression of what the judge willor woulddo at a later stage - or (2) constitutes an in in praesentiresolution of a disputed law

issue, the trial judge's intent must be garnered from the four corners of the entirerecord.16

5 Nisi prius orders should be so construed as to

give effect to every words and every part of the text, with a view to carrying out the evident intent of the judge's direction.17

The order's

language ought not to be considered abstractly. The actual meaning intended by the document's

signatory should be derived from the context in which the phrase to be interpreted is used. 18When applied

to the May 18 memorial, these told canons impel my conclusion that the judge doubtless intended his ruling as an in praesentiresolution ofDollarsaver's quest for judgment n.o.v. Approval of all counsel plainly appears on the face of the critical May 18 entry which is [885 P.2d 1358]

signed by the judge.19

True minutes20

of a court neither call for nor bear the approval of the parties' counsel nor the judge's signature. To reject

out of hand the view that in this context "should" is impliedly followedby the customary, "and the same hereby is", makes the court once again

revert to medieval notions of ritualistic formalism now so thoroughly condemned in national jurisprudence and long abandoned by the

statutory policy of this State. IV CONCLUSION Nisi prius judgments and orders should be construed in a manner which gives effect and meaning

to the complete substanceof the memorial. When a judge-signed direction is capable of two interpretations, one of which would make it a valid

part of the record proper and the other would render it a meaningless exercise in futility, the adoption of the former interpretation is this

court's due. A rule - that on direct appeal views as fatal to the order's efficacy the mere omission from the journal entry of a long and

customarily implied phrase, i.e., "and the same hereby is" - is soon likely to drift into the body of principles which govern the facial validity of

judgments. This development would make judicial acts acutely vulnerable to collateral attack for the most trivial of reasons and tend to

undermine the stability of titles or other adjudicated rights. It is obviousthe trial judge intended his May 18 memorial to be an in praesenti

order overrulingDollarsaver's motion for judgment n.o.v. It is hence that memorial, and not the later June 2 entry, which triggered appeal time

in this case. Because the petition. in error was not filedwithin 30 days of May 18, the appeal is untimely. I would hence sustain the appellee's

motion to dismiss.21

Footnotes:1The pertinent terms of the memorial of May 18, 1993 are: IN THE DISTRICT COURT OF BRYAN COUNTY, STATE

OF OKLAHOMA COURT MINUTE 5/18/93 No. C-91-223 After having heard and considered arguments of counsel in support of and in opposition

to the motions of the Defendant for judgment N.O.V. and a new trial, the Court finds that the motions should be overruled. Approved as to

form: /s/ Ken Rainbolt /s/ Austin R. Deaton, Jr. /s/ Don Michael Haggerty /s/ Rocky L. Powers Judge2The turgid phrase - "should be and the

same hereby is" - is a tautological absurdity. This is so because "should" is synonymous with oughtor mustand is in itself sufficient to effect an

inpraesentiruling - one that is couched in "a present indicative synonymous with ought." See infra note 15.3Carter v. Carter, Okl., 783 P.2d

969, 970 (1989); Horizons, Inc. v. Keo Leasing Co., Okl., 681 P.2d 757, 759 (1984); Amarex, Inc. v. Baker, Okl., 655 P.2d 1040, 1043 (1983); Knell

v. Burnes, Okl., 645 P.2d 471, 473 (1982); Prock v. District Court of Pittsburgh County, Okl., 630 P.2d 772, 775 (1981); Harry v. Hertzler, 185 Okl.

151, 90 P.2d 656, 659 (1939); Ginn v. Knight, 106 Okl. 4, 232 P. 936, 937 (1925).4"Recordable" means that by force of 12 O.S. 1991 24 an

instrument meeting that section's criteria must be entered on or "recorded" inthe court's journal. The clerk may "enter" only that which is "on

file." The pertinent terms of 12 O.S. 1991 24 are: "Upon the journal record required to be kept by the clerk of the district court in civil cases . .

. shall be enteredcopies of the following instruments on file: 1. All items of process by which the court acquired jurisdiction of the person of

each defendant in the case; and 2.All instruments filed in the case that bear the signature of the and judge and specify clearly the relief granted


43/154



or order made." [Emphasis added.]5See 12 O.S. 1991 1116 which states in pertinent part: "Every directionof a court orjudgemade or

entered in writing, and not included in a judgment is an order." [Emphasis added.]6The pertinent terms of 12 O.S. 1993 696.3 , effective

October 1, 1993, are: "A. Judgments, decrees and appealable orders that are filed with the clerk of the court shall contain: 1. A caption setting

forth the name of the court, the names and designation of the parties, the file number of the case and the title of the instrument; 2. A

statement of the disposition of the action, proceeding, or motion, including a statement of the relief awarded to a party or parties and the

liabilities and obligations imposed on the other party or parties; 3. The signature and title of the court; . . ."7The court holds that the May 18

memorial's recital that "

Human Rights Condition Counterplans - Gonzaga 2013

Documents

Transcript of Human Rights Condition Counterplans - Gonzaga 2013