Latest U.S. Report on Cuban Human Rights

On March 13, the U.S. Department of State released its 43rd annual report on the human rights record  for 2018 of 191 other countries (the U.S. is not included). This report is submitted to the Congress, pursuant to Sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961. Sections 2464, 2467 of that Act also require that U.S. foreign and trade policy take into account countries’ human rights and worker rights performance. [1]

The Report’s Preface

“The United States was founded on the premise that all persons “are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.” Our Constitution secures these unalienable rights by proclaiming in the First Amendment that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The Fifth Amendment also sets out that no person shall “be deprived of life, liberty, or property, without due process of law.” These same concepts were adopted internationally in the Universal Declaration of Human Rights, particularly in Articles 3, 10, 12, 18, 19, and 20.”

“The founders of the United States and the delegates to the UN Commission on Human Rights recognized that these fundamental freedoms of religion or belief, expression, peaceful assembly and association belong to every human being. These freedoms are not granted by governments but are derived from the inherent dignity of the human person. Nor may they be unduly restricted by governments even to further some economic, social, or cultural purpose. They are unalienable.”

“Governments are charged with ensuring that the government itself does not wrongfully interfere with human rights and fundamental freedoms.”

“Those sovereign states with which we have the closest, most long-standing, and productive collaboration are those where the government generally respects human rights, including the freedoms of religion or belief, expression, peaceful assembly, and association and do not engage in gross violations of human rights such as extrajudicial killing, torture, and extended arbitrary detention. Conversely, the states that threaten regional stability, are state sponsors of terrorism, or become inviting targets for terrorist recruitment almost invariably are states with governments that fail to respect the unalienable rights of those within their borders.”

“The policy of this Administration is to engage with other governments, regardless of their record, if doing so will further U.S. interests. At the same time, we recognize that U.S. interests in the enduring stability, prosperity, and security of a world filled with strong, sovereign states will only be served if governments respect human rights and fundamental freedoms. To that end, individuals seeking reforms to end the wrongful interference in the exercise of unalienable rights – whether those individuals are in or out of government – will find a sympathetic friend and strong supporter in the United States of America.”

Executive Summary of the Report on Cuba [2]

“Cuba is an authoritarian state led by Miguel Diaz-Canel, president of the Council of State and Council of Ministers, with former president Raul Castro serving as the first secretary of the Communist Party (CP). Cuba has a one-party system in which the constitution recognizes the CP as the only legal party and the highest political entity of the state. On March 11, citizens voted to ratify a preselected list of 605 candidates to the National Assembly. A CP candidacy commission prescreened all candidates, and the government actively worked to block non-CP approved candidates from the ballot. On April 19, the National Assembly elected Diaz-Canel president of the Council of State and Council of Ministers. Neither the legislative nor the national elections were considered to be free or fair.”

“The national leadership, including members of the military, maintained effective control over the security forces.”

“Human rights issues included reports of an unlawful and arbitrary killing by police; torture of political dissidents, detainees, and prisoners by security forces; harsh and life-threatening prison conditions; arbitrary arrest and detention; holding of political prisoners; and arbitrary or unlawful interference with privacy. The government engaged in censorship, site blocking, and libel is criminalized. There were limitations on academic and cultural freedom; restrictions on the right of peaceful assembly; denial of freedom of association, including refusal to recognize independent associations; and restrictions on internal and external freedom of movement and on political participation. There was official corruption, trafficking in persons, outlawing of independent trade unions, and compulsory labor.”

“Government officials, at the direction of their superiors, committed most human rights abuses and failed to investigate or prosecute those who committed the abuses. Impunity for the perpetrators remained widespread.”

Cuba’s Response [3]

Later the same day Cuba Foreign Minister, Bruno Rodriguez, ignored the above criticisms of Cuba and instead lambasted the U.S. in the following tweet:

  • “USA lacks moral authority in matter of [human rights]. It is a global repressor. Discriminates against minorities, makes the poor poorer, deprives millions of citizens to vote, violates the [human rights] of migrants and abundant cases of sexual abuse of minors in custody of the authorities.”

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[1] State Dep’t, 2018 Country Reports on the Human Rights Practices (Mar. 13, 2019); State Dep’t, [Secretary Pompeo]: Remarks on the Release of the 2018 Country Reports on Human Rights Practices (Mar. 13, 2019).

[2] State Dep’t, Country Reports on Human Rights Practices for 2018: CUBA (Mar. 13, 2019).

[3] Bruno Rodriguez: The United States lacks the moral to speak about human rights, Cubadebate (Mar. 13, 2019).