Another U.S.-Cuba Dispute Over Human Rights

On December 7 U.S. Secretary of State Mike Pompeo sent an  open letter to Cuba’s Foreign Minister Bruno Rodriguez, and Cuba immediately and angrily denounced the letter without responding to the specific questions advanced by Pompeo.

Secretary Pompeo’s Letter[1]

The letter asked for a “substantive explanation of the detention of the [following eight] political prisoners” and “whether [Cuba] . . . continues to incarcerate . . . [them]  as charged with ‘pre-criminal dangerousness’ and “for an explanation of the charges and the evidence against the other individuals [on a list provided by the U.S. in January 2017]:”

  • Yosvany Sanchez Valenciano, Melkis Faure Echevarria, and Yanier Suarez Tamayo of the Cuban Patriotic Union;
  • Eduardo Cardet Concepcion of the Christian Liberation Movement;[2]
  • journalist Yoeni de Jesus Guerra Garcia;
  • Martha Sanchez of the Ladies in White; [3] and
  • Jose Rolando Casares Soto and Yamilka Abascal Sanchez of the Cuban Youth Dialogue.

The Secretary also said that the U.S. “has for decades expressed profound concern regarding Cuban political prisoners. Such prisoners include those charged with pre-criminal ‘dangerousness, ’defined [in Cuban law] as ‘the special inclination an individual has to commit crimes demonstrated by conduct in manifest contradiction to the rules of socialist morality.’ Former President [Raúl] Castro, in a news conference with then President Obama in March 2016, said that if U.S. officials presented him with a list of political prisoners, they would be released that very night. He received such a list, but political prisoners remained in detention. U.S. representatives [also] raised the issue during the October 2016 Human Rights Dialogue in Havana. They were told all prisoners were in jail for sound reasons and that, if we had questions as to the reasons, we could raise them. Our representatives were also advised that pre-criminal ‘dangerousness’ was no longer used as a basis for imprisoning people.”

 Cuban Responses[4]

The Cuban Foreign Minister responded on Twitter, ” Pompeo lies and slanders. U.S. government  is a global repressor [of human rights and] lacks moral authority.” In another tweet, Rodriguez said he has asked “Washington to lift the embargo, restore visas for Cubans” and “stop the repression of migrants, minorities and the poor.”

Cuba’s more extensive response to Secretary Pompeo’s letter was made by  US Director of Cuba’s  Ministry of Foreign Affairs, Carlos Fernández de Cossío. He said the U.S. “acts dishonestly when it raises concerns about the human rights situation in Cuba or anywhere.” He added that the “constant and flagrant abuses against its own population and the population of many countries in the world, and their alliance throughout history with dictatorial regimes authors of the most opprobrious crimes, disqualify the moral authority of the American rulers.”

The Pompeo letter and “his public management are nothing more than acts of propaganda.” They accompany . . . “the unwillingness of that government to sit down with Cuba, with seriousness and commitment, in a bilateral dialogue between equals, to deliberate on the issue of human rights and how to advance with sincerity towards constructive cooperation on the subject. . . . [and if] the United States were truly interested in the human rights of Cubans, it would not impose a criminal economic blockade that punishes the entire nation, nor would it place increasing obstacles to orderly emigration, nor to consular services on which tens of thousands of Cubans depend. ”

Fernández de Cossio concluded, “Cuba is a country in which human rights are respected. . . .  [and contrary to the U.S.]”the Cuban government and society as a whole are mobilized to promote and guarantee the legal framework, public policies and the effective enjoyment of the rights of citizens, including the rights to a life worthy, free of exploitation, marginalization, social alienation, discrimination of any kind, violence, crime and abuse of power, and with access to quality health and education services for the entire population, among other guarantees.”

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[1] U.S. State Dep’t, An Open Letter to the Foreign Minister of the Republic of Cuba (Dec. 10, 2018)   (the letter itself was dated December 7, 2018); Assoc; Press, US Demands Answers From Cuba on Imprisoned Dissidents, N.Y. Times (Dec. 11, 2018).

[2] See U.S. at U.N. Condemns Cuba’s Imprisonment of Political Opponents, dwkcommentareis.com ( Oct. 17, 2018).

[3] See Search Results for: Ladies in White in dwkcommentaries.com.

[4] Cuba Foreign Ministry, Tweets by Foreign Minister Rodriguez (Dec. 2018); Cuba Foreign Ministry, Statement by the Director General of the USA of the MINREX on false accusations of the Department of State of the United States (Dec. 10, 2018).

 

Cuban Police Search and Seize Property of Independent Legal Center

On September 23, the Havana office of the Independent Legal Center (“Cubalex”), which investigates and advises on human rights issues, was raided by the Cuban Revolutionary Police and State Security. They seized six computers, several hard drives, USB drives and cell phones and informed the Center’s Director, Laritza Diversent, that she could be accused of “illicit economic activity.” The officers also forced the lawyers to strip naked and squat to verify that there was nothing hidden in their bodies.[1]

The independent lawyers asserted that the officers never showed a warrant and did not meet the requirements for a legal search. Diversent said the raid could have been the government’s response to the organization’s mid-August “Report on the situation of freedom of expression and opinion in Cuba” to [the Special Rapporteur for Freedom of Expression of] the U.N. Human Rights Council.”[2]

A more detailed protest of this raid was posted on the Cubalex website along with a video and photographs of the raid.[3] It said that “the attorney general of Cuba, Beatriz Peña de la O, and Lt. Col. Juan Carlos Delgado Casanova, the instructor of the Criminal Investigation Division and Operations, and policemen “illegally entered the property [and]  broke the padlocks that protected the entrance arguing that . . . Cubalex had [lodged] a complaint against [them] for illegal economic activities.” After the seizure of computers and other equipment, “members of Cubalex were subjected to interrogations and five of them (four women and one man) were forced to strip in order to conduct a body check.” In  addition, two team members were arrested. One was released after 12 hours while the other (lawyer Julio Alfredo Ferrer Tamayo) as of September 29 was still in solitary confinement.

Earlier, in early May, Cubalex published on its website a searing criticism of the Cuban regime.[4] It concluded the following about current conditions on the island:

  • “1- That the Cuban citizens have rights to birth, but not to feed, clothe, recreate, inform us when we grow up.
  • 2- That citizens seniors could survive up to 78 years, but without balanced diet, lack of calories corresponding also not enjoy traveling, have, help, because their pension is less than $ 15 a month.
  • That there is one doctor for every 400 inhabitants, but are virtual statistics because between closed offices, doctors employed abroad and unconditionally Centers for work, attention is getting worse, this situation, that lack of resources and equipment in the provinces, overload the service in hospitals in Havana, with a corresponding impact on quality.
  • 4- The rights of working women (those who suffer most), are also fallacies in Cuba [that] do not fool anyone. [They do] not . . . for their double tasks–work home center or stipends to encourage them to procreate, commercial services in sales of home appliances. The Espín could never make the human life, [any] more fertile to their counterparts to ensure the productive forces tomorrow, given that in every community there exists a subsidiary FMC Center and sexual attention.
  • 5- Of the workers, . . . [their] wages are below the poverty line. The minimum wage in Cuba is the lowest in the world, and [for] those with better contracts the state takes away more than half of their pay, also they are prohibited from striking, [organize] freely, being that Cuba [is] a member of the ILO and a signatory to the Conventions 87 and 98 on this subject.”

This earlier statement also asserted, “great Cuban monopolistic [government-owned] corporations such as CIMEX, Shops TRD, ETECSA, TRANSVAL . . . [violate] all kinds of transparency, democracy and legality regarding functions, powers and duties. . . . In recent months [there are] new cases of related desertions or state of defenselessness of workers mainly because their labor disputes . . . [are not investigated].”

Washington, D.C.’s American University Washington College of Law has started a fundraiser in support of Cubalex. The seizure of the Center’s equipment has put the organization in a “precarious financial situation,” and it”needs funds, not only to replace what has been lost but also to cover operating costs and continue their important work.”[5]

According to a Cuban newspaper, Diario de Cuba, the raid on Cubalex was just one of many recent government harassments and arrests of other dissidents: the Patriotic Union of Cuba (UNPACU), the Independent Trade Union Coalition, the Ladies in White, the Committee for Racial Integration (CIR), the Partido Arco Progresista (PARP) and other unorganized dissidents.[6]

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[1] Cuban police storm independent legal center in Havana, seizing computers, InCubaToday (Sept. 26, 2016); Laritza Diversent: “They want to disqualify me as a lawyer and paralyze the work of Cubalex, Diario de Cuba (Sept. 24, 2016)

[2] Marti, Assail consulting Cubalex, Cuban lawyer who met twice with Obama (Sept. 24, 2016).

[3] Cubalex, Cubalex condemns the recent attack made [on] its facilities and demands an end to government repression (Sept. 29, 2016) The Cubalex lawyer who has been detained is Julio Alfredo Ferrer, who has been a previous subject of government persecution. (Gonzalez, Julio Alfredo Ferrer, the price of being an independent and efficient lawyer, Diario de Cuba (Sept. 26, 2016).)

[4] Cubalex, No rights, no human (May 4, 2016).

[5] The American University raises funds for Cubalex, Diario de Cuba (Oct. 1, 2016).

[6] Editorial, The regime unleashes repression all over the island, Diario de Cuba (Sept. 26, 2016).

Cuba’ Prepares for Pope Francis Visit with Conflicting Actions Regarding Prisoners

Pope Francis
Pope Francis

The Cuban government has made plans to celebrate Pope Francis’ visit to Cuba, September 19-22.[1] The government also has taken conflicting actions regarding prisoners. On September 11 the Cuban government announced that it would release 3,522 prisoners.[2] Two days later, on September 13, it detained about 50 predominantly Roman Catholic citizens whom the government regards as dissidents.[3]

Cuba’s Plans To Celebrate the Pope’s Visit

In anticipation of the visit, Granma, the Communist Party’s official newspaper, published a lengthy and extraordinary article about the role of religion in Cuba. It started with the recognition that the visit will be “in the year of the 80th anniversary of the establishment of diplomatic relations between Cuba and the Holy See, and the 100th anniversary of the request by the veterans of the Cuban War of Independence for Our Lady of Charity to be declared Patron Saint of Cuba,”

“As Cubans we are conscious, whether religious or not, of the fact that the Pope will be welcomed by a combative, noble and united people, accustomed to rising above difficulties and walking tall, despite having been subjected to a brutal economic, commercial and financial blockade for over five decades, and having confronted the limitations resulting from this without neglecting to defend our culture, identity and roots, while safeguarding the education of our children.”

The Pope “will find a country that learns every day how to move forward with a progressive and constantly updated social project; a society that is built on the basis of the struggle for a better world; and whose history includes [sympathetic priests] . . . the synthesis of Cuban ethics, and for whom love of their homeland and of God were two consubstantial passions.”

The Pope also “will find a nation of cultural and religious multiplicity, the product of a process of transculturation, . . . essential to an understanding of the history of the nation and of Latin America. A mix of beliefs and manifestations marks the country’s religious makeup, described by the researcher as complex, heterogeneous and contradictory, due to its origins, ideas and representations and ways of organizing and expressing itself through rituals, etc.”

This diversity has “ the Catholic, Evangelical, Protestant and Orthodox churches coexist[ing with] Judaism, spiritualism, Afro-Cuban religions, Islam and Buddhism.” This diversity is protected by Article 8 of the Cuban Constitution, which states:

  • “The State recognizes, respects, and guarantees religious freedom. In the Republic of Cuba, religious institutions are separate from the State. The different creeds and religions enjoy equal consideration.”

Article 55 of the Constitution also states: “The State, which recognizes, respects and guarantees freedom of conscience and religion, simultaneously recognizes, respects, and guarantees the freedom of every citizen to change religious creeds, or not to have any; and to profess the religious worship of their choice, with respect for the law. The law regulates the State’s relations with religious institutions.”

These principles have also been reflected in the thoughts and actions of . . . Comandante en Jefe Fidel Castro Ruz. [He] met with Chilean priests in 1971 and expressed the need to “unite Christians and revolutionaries” in the struggle for freedom. Later, when visiting Jamaica in 1977, this time addressing a predominantly Protestant audience, he returned to the theme of the “strategic alliance” that should exist between religion and socialism.”

“Years later, as evidence of the maturity of the Cuban revolutionary process and in line with the wishes of both parties, meetings between the Comandante and evangelical and protestant leaders in Cuba began to take place – a tradition maintained today by the highest authorities of the government – until, in 1991, at the Fourth [Communist] Party Congress, the wish of those believers eager to join the ranks of the organization was crystallized, an intention reiterated in January 2012 at the First National Conference of the [Communist] Party.”

“There are currently three Protestant pastors, a Presbyterian, a Baptist and an Episcopalian in the Cuban parliament, elected by popular vote; and in the same way members of the Catholic Church and other denominations and religious manifestations form part of the organs of state power and political and mass organizations.”

“The activities undertaken by religious institutions in cooperating with the state in the management of hospitals and nursing homes are examples of their connection with the most pressing problems of society, particularly related to the family and the aging population. These issues have featured on the agenda of recent meetings held between representatives of the institutions and fraternal associations, and the country’s leadership.”

“The visits of Popes John Paul II in 1998 and Benedict XVI in 2012, reflected the similarities between the Cuban social project and Christian sentiments, in the effort to eliminate poverty and exclusion, in praising the role of the family, in defense of peace and against war, and in the preservation of the human species. In addition, they demonstrated the deeply humanistic culture of an entire people.”

Benedict XVI said in his farewell address in Cuba: “I hold deep in my heart all the Cuban people, each and every one. You have surrounded me with prayer and affection, offered me cordial hospitality and shared with me your profound and rightful aspirations.”

John Paul II expressed, “I am grateful to you for your cordial hospitality, an authentic expression of the Cuban soul, and above all for being able to share with you intense moments of prayer and reflection.”

“Other religious figures, including leaders of the Latin American Council of Churches, the Latin American Episcopal Council and the Caribbean Conference of Churches, general secretaries and presidents of the National Council of Churches of Christ in the USA, cardinals and other prelates of the Holy See, pastors, priests, rabbis, Yoruba leaders, Muslims, Buddhists and scholars, have also visited our country.”

“In 2011, the Cuban Interfaith Platform, which includes representatives of all religious manifestations, was created. Undoubtedly, of special significance was its struggle for the return of the Cuban Five imprisoned in the United States, and in establishing a bridge between them and their families. The Council of Churches of Cuba was also a leading protagonist in the return home of Elián González and in confronting the blockade, another of the battles of our people for justice.

“Pope Francis will encounter these and other realities . . . [in Cuba. We] will welcome him on behalf of all Cuba. Among the gathered there may be those who don’t share the same religious beliefs, even those who are there motivated simply by that feeling of warmth and hospitality so inherent to Cubans.

But we are sure that [the Pope] will leave this land taking with him the imprint of intense days shared with a united and respectful people, true to its ancestors and patriotic sentiment; a nation with a deep commitment to justice and freedom.”

The Release of Prisoners

On September 11 the government announced that it would release 3,522 prisoners, including women, inmates younger than 20 with no prior offenses, those older than 60, prisoners with illnesses, some foreigners whose countries have agreed to repatriate them and others whose terms are coming to an end. Excluded from the release will be those charged with serious crimes like murder or child sexual abuse or crimes against national security.

“It’s a gift to Pope Francis— a grand gesture,” said Elizardo Sánchez, president of the Cuban Commission for Human Rights and National Reconciliation, a group that tracks rights in Cuba.

Sebastián A. Arcos, a former political prisoner in Cuba and now the associate director of the Cuban Research Institute at Florida International University in Miami, said the mass release on the cusp of the Pope’s visit was a cynical and opportunistic effort to demonstrate a more tolerant government. “It’s makeup,” he said.

Mr. Arcos added that Cuba was able to make such a mass release largely because so many people were jailed for doing things that would not be illegal in any other country. “The reality is that Cuban prisons are overpopulated, and they have been for many years, because we are talking about a police state, a repressive police state, where almost anything is a crime,” he said. “Before these economic reforms were implemented, selling peanuts on the corner in Havana was a crime.”\

The Detention of Dissidents

 On Sunday, September 13, Cuban police detained about 50 people when a predominantly Roman Catholic dissident group led a march in Havana. In their weekly rally following mass at Havana’s Santa Rita Catholic Church, about 40 of the women, accompanied by about a dozen male supporters, marched outside their authorized route and down a side street where they were set upon by some 200 government supporters and police. Female police pushed, pulled and carried the women onto buses as some sat down in an attempt to resist. The men were handcuffed and shoved into police cars and vans.

Such detentions have become common following regular Sunday marches by the Ladies in White, a group that has criticized the Roman Catholic Church and Cuban Cardinal Jaime Ortega for failing to advocate on its behalf with the Cuban government.

Ladies in White leader Berta Soler told Reuters the women planned to attend masses that Pope Francis will lead in Havana and Holguin while in Cuba. “I would discuss with the pope the need to stop police violence against those who exercise their freedom to demonstrate in public,” Soler said.

Cuba’s government considers the dissidents to be provocateurs who are financed by anti-communist groups in the U.S. as part of an effort to destabilize the government in Havana.

Among those detained for about an hour on Sunday was Jose Daniel Ferrer, head of the Patriotic Union of Cuba, the country’s largest dissident organization. “The Church should be concerned about this or any time human rights are involved,” Ferrer said. “It is their duty.”

Conclusion

Francis’ visit to Cuba and then to the U.S. and what he has to say to the people and leaders of the two countries will be interesting and most challenging in light of his having played a significant role in helping the two countries to reach their historic decision last December to pursue normalization of relations. These future remarks undoubtedly were previewed in his recent critique of capitalism in an encyclical about environmental degradation and climate change. This theme also was prominent in remarks in his recent trips to Ecuador, Bolivia and Paraguay. He called the “unfettered pursuit of money” the “dung of the devil” and urged the poor and disenfranchised to rise up against “new colonialism,” including corporations, loan agencies, free trade treaties, austerity measures, and “the monopolizing of the communications media.”

On the other hand, as Nick Miroff in a Washington Post article pointed out, In a 1998 book about Pope John Paul II’s trip to Cuba, Francis, then still a high official of the church in Argentina, said that “socialism was an ‘anthropological misreading’ of human nature that fails to address man’s spiritual needs, mistakenly believing that the state is the solution to all of society’s problems. He also said, “Cuba and other nations need to transform some of their institutions and especially their policies, substituting corrupt, dictatorial and authoritarian governments for democratic and participatory ones. The free participation of citizens in public life, the guarantee of civil and human rights, are an imperative condition for the full human development of all people.”

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[1] Guerrero, Cuba ready to welcome Pope Francis, Granma (Sept. 10, 2015)

[2] Ahmed & Robles, Cuba to Release 3,522 Prisoners Before Pope Francis’ Visit, N.Y. Times (Sept. 11, 2015); Miroff, Cuba pardons more than 3,500 prisoners ahead of Pope Francis visit, Wash. Post (Sept. 11, 2015); Council of State agrees to pardon 3,522 prisoners, Granma (Sept. 11, 2015).

[3] Reuters, Cuba Detains Dissidents Ahead of Pope Francis Visit, N.Y. Times (Sept. 13, 2015).

Cuba’s Unhappiness with U.S. Meeting with Cuban Dissidents

On Friday, January 23rd (the day after the conclusion of the two-day diplomatic meeting), U.S. Assistant Secretary of State Roberta Jacobson hosted a breakfast meeting with seven Cuban dissidents at the Havana official residence of the Chief of the U.S. Interests Section. She said it was an “opportunity to discuss their perspectives, hear their differences, sometimes, or their support for the new policy. It’s very important to hear their perspective and see how we can help in the future.”[1]

One of the breakfast guests was Antonio Rodiles, founder of the activist group Estado de SATS, who said, “The breakfast was cordial, but we said we still have doubts about the next steps.” He and others thought that Cuban concessions on human rights and free expression should have been a pre-condition of any new U.S. policy and that the Cuban diaspora, primarily in the United States, should have been consulted. Some said the Obama administration, was effectively cherry-picking its preferred dissidents, focusing attention on those who supported Obama’s outreach.

Another guest, Jose Daniel Ferrer, the head of the Cuban Patriotic Union, widely considered the largest and most active opposition group, with up to 5,000 open and underground members, observed, that the Cuban “people are still assimilating” the historic changes in the relations of the two countries and that some Cubans resent the eighteen-months of secret talks before announcing last month that they would restore diplomatic ties.

Elizardo Sanchez, the head of the Cuban Commission for Human Rights, commented, “We don’t expect miracles.” But he had a list of 24 prisoners who have been detained for between 12 to 24 years for politically associated crimes, and ongoing U.S. pressure on human rights issues was “essential, for as long as this system of political and economic repression continues.”

Miriam Leiva, the founder of the Ladies in White and a former Cuban diplomat and an independent journalist, said, “Jacobson showed the interest of the U.S. government in providing support for the Cuban opposition, respect for human rights in Cuba and the desire to advance the Cuban people. ”

Others at the breakfast included; Hector Maceda, president of the Cuban Liberal Democratic Party; activist and hunger striker Guillermo“Coco” Fariñas; and dissident economist Marta Beatriz Roque.

At least one activist, Berta Soler of the Ladies in White group of political prisoner families, declined Jacobson’s breakfast invitation. Two who attended said they told Jacobson that they disapproved of the new U.S. policy.

After this meeting Jacobson met with influential Cuban blogger Yoani Sanchez.

Later that same day Josefina Vidal, Cuba’s top diplomat for the United States, said that U.S. support for dissidents is an “action that isn’t acceptable for Cuba, and they know it.” Moreover, she indicated that whether or not Cuba would accept the U.S. request to allow U.S. diplomats to go where they want was associated with “better behavior” by the U.S.

Vidal also noted, “This is exactly one of the differences we have with the U.S. government because for us, this is not just genuine, legitimate Cuban civil society.” This small group of people “do not represent Cuban society, don’t represent the interests of the Cuban people.”

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[1] This post is based upon the following: Klapper & Weissenstine, U.S., Cuba End Historic talks with More Questions than Answers, Assoc. Press (Jan. 23, 2015); DeYoung & Miroff, U.S. diplomats meet with Cuban dissidents in Havana in gesture of reassurance, Wash. Post (Jan. 23, 2015); Reuters, Senior U.S. Diplomat Ruffles Cuba by Meeting Dissidents, N.Y. Times (Jan. 23, 2015); Maye, Cuban dissidents divided attend attend the meeting with Roberta Jacobson, El Pais (Jan. 23, 2015); Ayuso, The dialogue between the US and Cuba exposes the division of dissent, El Pais (Jan. 24, 2015).