Under a bipartisan deal tucked inside a broader defense spending
bill that received final congressional approval, lawmakers loosened
some restrictions on Obama's ability to send more of the 158
remaining inmates home after years of detention without trial at the
U.S. Naval Base in Cuba.
Obama will still face major obstacles to shutting Guantanamo. But he
will be in a better position than before to take steps to reduce the
detainee population at the facility, which has long been the object
of international condemnation.
"While the bill does not address all of the administration's
concerns, its provisions ... will provide the administration
additional flexibility to transfer detainees abroad consistent with
our national security interests," White House spokesman Jay Carney
said earlier on Thursday.
Obama repeatedly pledged to close Guantanamo when he was campaigning
for a first term and after he took office in 2009. But he blamed
congressional resistance for frustrating his efforts to empty the
camp, which was opened by his predecessor, George W. Bush, to hold
terrorism suspects rounded up overseas after the September 11, 2001,
attacks.
Renewing his commitment to shutter the prison, Obama insisted
earlier this year that keeping Guantanamo open hurt America's moral
standing and that it was "not sustainable ... to keep over 100
individuals in a no-man's land in perpetuity."
The administration then named two special envoys to oversee the
effort, stepped up negotiations with other countries, including
Saudi Arabia, Algeria and Yemen, and worked with Congress to craft a
compromise deal.
BAN ON TRANSFERS TO U.S. TO REMAIN INTACT
Though lawmakers on both sides of the aisle refused to budge on a
ban on bringing Guantanamo prisoners to the U.S. mainland, they gave
ground on rules for sending prisoners home.
Human Rights First hailed the vote as "a new foundation for bringing
the number of Guantanamo detainees down to zero."
"We do not expect the administration to close Guantanamo tomorrow,"
the group said. "It will be a methodical process of whittling down
the detainee population as the administration negotiates appropriate
security assurances from host nations."
Among the earlier constraints was that the U.S. defense secretary
had to "certify" that the country where an inmate was being sent was
not "facing a threat that is likely to substantially affect its
ability to exercise control over the individual." This all but ruled
out politically chaotic Yemen, the home country of the largest group
of Guantanamo detainees, and raised questions about other restive
Middle Eastern states.
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Transfers were further banned to countries that Washington had
designated "state sponsors of terrorism," a category that made it
difficult to move Syrian inmates. Prisoners also could not be sent
back to any country where previously released Guantanamo detainees
had returned to "terrorist activity."
Such rules were eased or left out of the current bill, the National
Defense Authorization Act, which was approved by the House of
Representatives last week and passed the Senate by an 84-15 vote on
Thursday night.
Even before final congressional approval, the administration had
been showing signs of a more active transfer policy. In recent
weeks, it sent two detainees back to Sudan, two to Saudi Arabia and
two to Algeria.
About half of Guantanamo's remaining detainees have been cleared for
transfer or release since 2009, but most were blocked from going
home because of congressional restrictions.
While more transfers are sure to follow, the White House made clear
that it will move carefully. Nearly four dozen prisoners are
considered too dangerous to release. And Obama can also expect
continued pressure from some lawmakers, including Republican
critics, who want to keep Guantanamo open.
"The president has directed the administration to responsibly reduce
the detainee population to the greatest extent possible," said
National Security Council spokeswoman Caitlin Hayden.
"Even in the absence of transfer restrictions, our longstanding
policy is to transfer detainees only if the threat posed by the
detainee can be sufficiently mitigated and when consistent with our
humane treatment policy," she said.
On top of that, complications remain with Yemen, where U.S.
officials fear released prisoners might join up with an active al
Qaeda branch. Yemen's government also has yet to build a
long-promised detention center for any prisoners sent home.
(Additional reporting by David Alexander;
editing by Cynthia Osterman and Mohammad Zargham)
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