Once again politicians in the US are entangling the internal politics of their country with its obligations to the international community.
This time Senator Rick Scott, a Republican from the state of Florida, wants the Joe Biden Administration to deny visas to three Latin American and Caribbean leaders to stop them from attending next month's General Assembly of the United Nations in New York.
Reminiscent of last June's Summit of the Americas in Los Angeles, Senator Scott wrote President Biden on August 24 urging him "to deny visas for Miguel Díaz-Canel (Cuba), Daniel Ortega (Nicaragua), Nicolás Maduro (Venezuela), and their respective delegations to attend the United Nations General Assembly meetings". Similar calls were made on President Biden prior to the Summit of the Americas to exclude Díaz-Canel, Ortega, and Maduro.
These calls have much to do with mid-term elections in November that will decide whether the Republican or Democratic party will control the US Senate. They have come from members of the US Congress and vocal groups of exiles who want regime change in Cuba, Venezuela, and Nicaragua.
For the Summit of the Americas President Biden bowed to the political risk his party would face in the mid-term elections, particularly in Florida. He did not invite the three leaders to attend.
This decision occasioned criticism from governments of several Latin American and Caribbean countries. Many Caribbean governments, in the interest of tackling urgent problems that confronted their countries, requiring international cooperation, opted to attend with the understanding that at the meeting they would strongly represent the interests of the Cuban and Venezuelan governments.
Other governments continued not to accept President Biden's decision to exclude Díaz-Canel, Ortega, and Maduro. Notable among these were the governments of Mexico and St Vincent and the Grenadines, both of whose leaders boycotted the summit. The last thing President Biden should want is a large-scale boycott of a UN General Assembly while major issues confront the global community.
So President Biden is, again, caught on the horns of a dilemma. He recognises the importance of the Florida mid-term Senate elections and the contest for the state's governorship for his party and his Administration. At the same time, however, he knows that the US Government has obligations to the UN, which are enshrined in the agreement that established the headquarters in New York. Refusing visas for leaders to attend UN meetings is inconsistent with the terms of the headquarters agreement.
The stakes are high in Florida, where the exile Latin American community is a powerful voting force. The Democrats are trying both to unseat Republican Senator Marco Rubio, who is virulently opposed to the Governments of Cuba, Venezuela, and Nicaragua, and to replace Republican Governor Ron DeSantis, who is also working to be nominated by the Republican Party for the 2024 US presidential elections.
Close races in other states, including New York, where the exile Latin American community is also virulent, are also likely to be affected by the political storm being created over the UN attendance by the three leaders.
Undoubtedly, in the weeks ahead, many governments around the world are likely to publicly voice their disapproval of what would be an effective US prohibition of the attendance of the Cuban, Nicaraguan, and Venezuelan governments at a meeting of the UN — of which they are members — should President Biden decide to deny them visas.
Senator Rick Scott urged President Biden to not only deny visas to the leaders of the three countries but also "their respective delegations". Obviously this is meant to exclude foreign ministers and ministerial representatives. He justifies his urging to President Biden with the argument that, "These oppressive dictators and their regimes engage in activity that continues to threaten the stability of Latin America and the national security of the United States."
Curiously, Senator Scott must imbue these three leaders with remarkable capacity to influence world leaders and sway international public opinion simply by speeches they make at the UN and meetings they might have with representatives of other countries.
Even at the height of the 1962 Cuban Missile Crisis between the US and the Soviet Union, the Russian leader Nikita Khrushchev was not denied a visa to address the UN.
To achieve what Senator Scott is urging President Biden, the Government would have to breach provisions of the 1947 headquarters agreement with the UN. These provisions include the obligation of the US Government to provide visas to foreign dignitaries to access the UN "promptly". And while the US Congress added a note to the agreement, prescribing that, "Nothing in the Agreement shall be construed as in any way diminishing, abridging, or weaking the right of the United States to safeguard its own security." It should take much more than the attendance of the three leaders at the UN General Assembly to threaten US security.
In any event, the UN is an international organisation headquartered in the US because the US wanted it and the benefits from its activities in New York. Having the benefits of the headquarters comes with obligations which must be fulfilled for the UN to promote its principles, among which is "to achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all".
Prohibiting the opportunity to pursue this principle to benefit the narrow purpose described by Senator Scott as not affording the three leaders "a legitimacy they have neither earned nor deserve" is akin to throwing out the baby with the bathwater.
The principle – and upholding it – must be greater than satisfying narrow, political purposes in one country.
There is not even certainty that any of the leaders want to attend the General Assembly. But it would be wrong to restrict them from doing so. Instead, the US and others have the right to respond to their statements with counter-arguments.
Debating the issues is why the UN holds general assemblies.
Sir Ronald Sanders is Antigua and Barbuda's ambassador to the US, Organization of American States, and high commissioner to Canada; an international affairs consultant; as well as senior fellow at Massey College, University of Toronto, and the Institute of Commonwealth Studies, University of London. He previously served as ambassador to the European Union and the World Trade Organization and as high commissioner to the UK. The views expressed are his own. For responses and to view previous commentaries: www.sirronaldsanders.com.