Don't Just Close Guantánamo, Return It

Published on Thursday, January 6, 2011 by CommonDreams.org
Don't Just Close Guantánamo, Return It

by César Chelala


To restore good relations with Latin America and the Caribbean, damaged by several years of neglect, is one of many difficult tasks facing the Obama administration. A measure that could have far-reaching consequences and notably improve the U.S.' battered image in the continent would be to return Guantánamo to the Cuban people.

Guantánamo has a convoluted history. Initially, the U.S. government obtained a 99-year lease on the 45 square mile area beginning in 1903. The resulting Cuban-American Treaty established, among other things, that for the purposes of operating naval and coaling stations in Guantánamo, the U.S. had "complete jurisdiction and control" of the area. However, it was also recognized that the Republic of Cuba retained ultimate sovereignty.

In 1934, a new treaty reaffirmed most of the lease conditions, increased the lease payment to the equivalent of $3,085 in U.S. dollars per year, and made the lease permanent unless both governments agreed to end it or the U.S. decided to abandon the area.

In the confusion of the early days of the Cuban revolution, Castro's government cashed the first check but left the remaining checks un-cashed. Since these checks were made out to the ‘Treasurer General of the Republic', a position that ceased to exist after the revolution, they are technically invalid. ...........(more)

The complete piece is at: http://www.commondreams.org/view/2011/01/06-0

But we all know that Obama would not be able to. Let's just work on getting it closed for now.

Guantanamo to Cuba, but the legal reasons adduced in the article are not reason to do it. Cuba ratified the amendeded lease when it cashed the first payment check. Thereafter it's immaterial whether it chooses to cash the other checks or not. Payment as called for in the lease has been made. The lease is still valid.