Proposed U.N. Human Rights Council Resolution on Cuban Human Rights

An international coalition of 75 human rights organizations has asked the U.N. Human Rights Council to adopt a resolution on Cuban human rights at its meeting in Geneva, Switzerland  on June 24 to July 12. [1]

Here are the terms of action in that proposed resolution:[2]

“1. Strongly condemns the grave human rights violations and abuses committed by the Government of Cuba, including the denial of the right to freedom of thought, conscience and religion, and of the rights to freedom of opinion, expression and association, both online and offline; the widespread use of arbitrary arrest and detention, including preemptive detention, and other forms of harassment and intimidation as tools to suppress political dissent; use of violence by Government forces to threaten and intimidate arrestees and detainees; and widespread violations of the rights to due process and to a trial before a fair, independent and impartial tribunal; “

“2. Calls upon Cuba to fully grant its citizens internationally recognized civil, political, and economic rights and freedoms, including freedom of assembly, freedom of expression and free access to information;”

“3. Demands that Cuba, including its judicial and security branches, create and maintain, in law and in practice, a safe and enabling environment in which an independent, diverse, and pluralistic civil society can operate free from undue hindrance and insecurity;”

“ 4. Urges Cuba to end widespread and serious restrictions, in law and in practice, on the right to freedom of expression, opinion, associations and peaceful assembly, both online and offline, including by ending the harassment, intimidation and persecution of political opponents, human rights defenders, women’s and minority rights activists, labour leaders, students’ rights activists, journalists, bloggers, social media users, social media page administrators, media workers, religious leaders and lawyers;”

“5. Strongly urges Cuba to release persons arbitrarily detained for the legitimate exercise of their human rights, to consider rescinding unduly harsh sentences for exercising such fundamental freedoms and to end reprisals against individuals, including for cooperating with the United Nations human rights mechanisms;”

“ 6. Strongly condemns the lack of free, fair and transparent democratic elections in Cuba, and in particular the constitutional referendum of 24 February 2019, which was marked by fraud, lack of transparency and violence against the Government’s political opponents;”

“7. Determines that the new constitution has no legitimacy, and that members of the National Assembly, President Miguel Días-Canel and Communist Party leader Raul Castro lack any legitimacy, given that they were not elected by the people of Cuba in free, fair and multiparty elections;”

“8. Calls upon Cuba to launch a comprehensive accountability process in response to all cases of serious human rights violations, including those involving the Cuban judiciary and security branches, and calls upon the Government of Cuba to end impunity for such violations;”

“9. Calls upon the Government to cooperate with the Office of the High Commissioner, the mechanisms of the Human Rights Council and the relevant treaty bodies, as well as the Organization of American States and the Inter-American Commission on Human Rights, including by facilitating visits, granting unfettered access throughout the country, including to detention facilities, and preventing and refraining from all acts of intimidation or reprisal, and to positively consider the recommendations made in their reports;”

“10. Decides to appoint a Special Rapporteur to monitor developments and make recommendations on the situation of human rights in Cuba for a period of one year, who will submit a report to the Human Rights Council at its forty-third session;”

“11. Calls upon the Government of Cuba to cooperate fully with the Special Rapporteur, to permit access to visit the country and to provide the information necessary for the fulfilment of the mandate;”

“12. Requests the Office of the High Commissioner to provide the Special Rapporteur with the assistance and resources necessary to fulfil the mandate;”

“13. Requests the High Commissioner to provide an oral update on the situation of human rights in Cuba to the Council at its forty-second session, and to submit a follow-up report to the Council and to hold an Interactive Dialogue on the situation of human rights in Cuba at its forty-third session;”

“14. Decides to remain seized of the matter.”

Conclusion

Now we wait to see if this proposed resolution is put to a vote by the Council and the results of any such vote.

In the meantime,  Freedom House, which describes itself as “an independent watchdog organization dedicated to the expansion of freedom and democracy around the world,” recently released its 2019 annual report about 195 countries concluding that 86 were “FREE,”  59 “PARTLY FREE” and 50, including Cuba, as “NOT FREE.”

This was its Overview for Cuba:  “Cuba is a one-party communist state that outlaws political pluralism, suppresses dissent, and severely restricts basic civil liberties. The government continues to dominate the economy despite recent reforms that permit some private-sector activity. The regime’s undemocratic character has not changed despite new leadership in 2018 and a process of diplomatic “normalization” with Washington, which has stalled in recent years.”  [3]

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[1] The UN Human Rights Council could discuss a resolution on Cuba, Diario de Cuba (June 13, 2019); Proposed Draft Resolution for U.N. Hum. Rts. Council, Situation of Human Rights in Cuba.

[2] Footnotes to the operative paragraphs of the proposed resolution state that they are based upon various sources, including  recommendations by European Union member states at Cuba’ Universal Periodic Review by the Council in July 2018. Previous blog posts have discussed other Council proceedings regarding Cuba. See the “Cuban Human Rights” section of List of Posts to dwkcommentaires—Topical: CUBA.

[3] Freedom House, Democracy in Retreat: Freedom in the World 2019; Freedom House: Freedom in the World 2019.

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dwkcommentaries

As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

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