Last
Updated:4/30/07
Originally published April 30, 2007 in
Baltimore Sun
Keeping academics out of Cuba
By Wayne S. Smith
The Bush administration's restrictions on academic travel to
Cuba are so harsh that they have brought such travel virtually
to a halt. Now, about 450 professors and academics from colleges
and universities across the nation have banded together to take
the federal government to court and challenge their legality.
The stated purpose of these restrictions
was to deny hard currency to Cuban government coffers. But visiting
professors and students are not exactly known as big spenders.
The pittance they might have left behind would have had little
impact on a Cuban economy registering strong growth rates.
Most of the restrictions are simply
inexplicable. One says that courses in Cuba can be taught only
by full-time, permanent members of the faculty. I have taught
every semester at the Johns Hopkins University for 24 years
and am the director of the Cuba Exchange Program. But because
I am an adjunct professor, the new regulations ban me from teaching
courses in Cuba - even were it possible to organize such courses.
How does that deny hard currency
to Cuba? Did I, and other adjunct professors who may have been
involved, have such reputations as high rollers that U.S. officials
believed keeping us off the island was a good way to bring down
the Cuban economy? Absurd. So what was the purpose?
Of course, there are no more courses
for me to teach in Cuba, even if I wanted to be a full-time member
of the faculty. From 1997 until we were prevented from doing so
in June 2004, Johns Hopkins had taken to Cuba 15 to 20 students
for three weeks every January to focus on some aspect of Cuban
society, history or culture. These courses were very popular with
our students, especially because they neatly fit between semesters
and did not interfere with graduation schedules.
But the new regulations require that
the courses be no less than 10 weeks. That would mean spending
an extra semester registered at Hopkins and would bar on-time
graduation. Our students prefer to graduate, and so, for all practical
purposes, Hopkins courses in Cuba have been brought to a halt
- as have courses in Cuba organized by most other colleges and
universities.
Another provision of the new restrictions
is that in order to register for a course given in Cuba, students
must be full-time degree candidates at the college or university
offering the course. This goes against the traditional practice
of allowing students from other institutions to participate in
such courses and ended academic consortia that allowed colleges
and universities to send students to one another's Cuba programs,
thereby greatly reducing the costs and making them accessible
to more students.
Why were these restrictions put in
place? The first reason put forward by the Treasury Department
was "to eliminate a practice [of abusing academic licenses]
that was undermining the embargo's purpose of isolating the dictatorship
economically."
But the Treasury Department could
point to no abuses. No academic travel licenses had been revoked.
No academic group had been accused of violating the rules.
One suspects that such "abuses"
were nothing more than inventions of the Treasury Department to
give fictitious justification to its new restrictions on academic
travel.
The second reason for the policy
put forward by Treasury officials is even more surreal. It was
intended "to promote civil society by continuing to foster
free exchange of ideas between American students and professors
and members of Cuban society."
Can they be serious? They must have
known that the new restrictions would have the opposite effect.
The Supreme Court in various cases
has held that an academic institution may, without interference
from the government, decide which courses could be taught, how
they would be taught, who could take them and who could teach
them. The restrictions handed down in 2004 violate all of these.
That is why the Emergency Coalition
to Defend Educational Travel, of which I am the chairman, has
challenged the legality of these measures. It has just presented
its brief to the U.S. District Court for the District of Columbia,
pointing out that the restrictions on academic travel initiated
in 2004 can only be seen as an assault by the executive branch
on the constitutionally protected rights of U.S. citizens. It
is an assault that must be turned back.
Wayne S. Smith is an adjunct
professor at the Johns Hopkins University and a senior fellow
at the Center for International Policy in Washington. His e-mail
is wsmith@ciponline.org.