Elian back where he 'belongs'

By Sridhar Krishnaswami

WASHINGTON, JUNE 29. Forty-one minutes after the injunction requiring his stay in the U.S. expired, the chartered jet carrying Elian Gonzalez, his father Mr. Juan Miguel Gonzalez and stepmother took off from the Dulles International Airport to Havana, Cuba. Minutes later, a second plane carrying Elian's friends and his teacher also took off, bringing to an end an international custody battle that saw crass politicking on both sides of the Florida Straits.

The U.S. Supreme Court refused to oblige Elian's relatives living in Miami, Florida, who wanted to take custody of the Cuban boy. Minutes after the Supreme Court ruling, Elian and his entourage living in an affluent section of Washington D.C. got ready to go home, and in the minds of many, to where he really belonged. In a brief statement, Elian's father said he was extremely happy to go home. He thanked the American people and the Government for their support and said his stay in this country had allowed him to meet ``beautiful and intelligent'' people.

The month of June was not good for Elian's Miami relatives. A Federal Appeals Court only reinforced an injunction requiring the Gonzalez family to stay put in the U.S. until the courts settled the matter. The real blow came not from the Supreme Court but from the Federal Circuit Court of Appeals in Atlanta. A 12-judge panel last week unanimously rejected the asylum appeal and said it would not entertain any more petitions. Since the Supreme Court did not act on the issue, the stay order expired on Wednesday at 4 pm. Legal analysts have long maintained that the Miami relatives were skating on thin ice in moving the Supreme Court as the odds were stacked against them. The apex court hears only about one per cent of what has been disposed of at the Appeals Court level. Also, the Government did not request the Supreme Court to review the constitutionality of a particular law because of the conflict of opinion in the lower courts.

The Clinton administration has expressed relief at the outcome and with good reason. From the beginning, it has backed the Immigration and Naturalisation Service on the Elian case. The Attorney-General, Ms. Janet Reno appeared to go out of her way to settle the case amicably without having to resort to the use of force. Only when all options appeared closed, did Federal Marshals storm the residence of the Miami relatives on April 22 to ``secure'' Elian and return him to his father.

Many believe that the Elian case would not have dragged on so long if it had not involved Cuba and a 50-year obsession with its President, Mr. Fidel Castro. Politicking took centre-stage with the Cuban-American community, national and local politicians determined to keep Elian away from ``communist'' Cuba and Havana whipped up the anti-American hysteria conveniently using Elian Gonzalez as the rallying point.

The streets of Miami were quiet with grief that things had not gone as expected. But politically, there will be a price to pay. It remains to be seen how much the Vice-President, Mr. Al Gore, stands to lose electorally. Mr. Gore had broken ranks with the Clinton administration to argue that the Elian case must be settled in the family courts.

Low-key affair

AFP reports from Havana:

Hundreds of Elian's erstwhile classmates from his hometown of Cardenas waved Cuban flags and chanted his name as the private lear jet which brought the young boy and his family from Washington yesterday taxied to a halt at Havana's Jose Marti airport.

Relatives poured onto the tarmac and took turns hugging the boy in emotional scenes that were carried live on Cuban television as a band played the national anthem. But as expected, the public celebrations were short-lived with Elian, his father Juan Miguel, wife Nersy, and their infant son Hianny quickly climbing into a white Lada and speeding off at the head of a convoy of cars and buses.

The family was taken to an undisclosed location for a reunion with other family members before settling into a complex in a Havana neighbourhood for a so-called adjustment period, according to Cuban authorities. There the young boy will be shielded from the glare of the international spotlight while he concentrates on his studies, according to a plan mapped out by Cuban officials in consultation with Elian's father.

In marked contrast to the huge orchestrated rallies held in Havana and other Cuban cities during the bitter international custody battle, Elian's homecoming was subdued and low-key. Cuban officials urged people to celebrate his return ``in their own homes or with neighbours without taking to the streets on a wave of enthusiasm,'' which would not be appropriate at this time, they said.

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