CHAPTER 3: IN SPITE OF THE UNFAIR ANTI-CUBAN MANOEUVRE IMPOSED ON THE CHR, CUBA CONTINUES TO HONOUR ITS COMMITMENT TO COOPERATE WITH ALL NON-DISCRIMINATORY MECHANISMS IN HUMAN RIGHTS MATTERS.

Cuba has a long and dignified history in the sphere of international cooperation in human rights matters. This history, however, has been suppressed and, what is worse, distorted by the hegemonic superpower’s propaganda machine.

Through concrete actions, Cuba has always demonstrated an unequivocal willingness to engage in frank and open dialogue on the basis of mutual respect on all topics, including that of human rights.

In spite of our principled opposition to the selective, discriminatory and unfair treatment the United States advocates against Cuba in matters concerning human rights, Cuba has continued with its traditional cooperation with any mechanisms in this area that are applied in a universal and non-discriminatory way.

As an example of this; in 1988, at the invitation of the Cuban government, a mission headed by the president of the Commission on Human Rights and made up of five other members of that organization came to Cuba in order to observe the human rights situation in our country and to report back to the Commission. This offer was included in the decision 1988/106, adopted by the Commission on Human Rights.

The visit took place from 16 to 25 September of that same year and the Cuban government provided it with every amenity and guarantee to undertake both the preparatory work and the actual work in our country. The mission’s report acknowledged the positive attitude and good will shown by Cuban authorities and clearly stated that there did not exist a human rights situation in Cuba which would in any way justify a special follow-up process.
The following year (1989) and because of Commission decision 1989/113, Cuba clearly expressed its willingness to continue cooperating with the United Nations Secretary General in following up on the recommendations included in the mission’s report. This process was interrupted, however, by the United States’ decision to manipulate it for the purpose of anti-Cuban propaganda by forcing an unfair resolution condemning Cuba through the Commission, a resolution which has been foisted upon the Commission every session since 1990.

The US’ unjust confrontational manoeuvre against and unfounded condemnation of Cuba met with an honourable and principled response from the Cuban people. Cuba does not yield to pressure, coercion or blackmail. It will never recognize nor cooperate with an anti-Cuban manoeuvre like the one led by the United States in the CHR – clearly illegitimate, illegal and unjust in its conception, motivations and methods.

This non-negotiable determination notwithstanding, Cuba continued to cooperate with the Commission on Human Rights and other human rights bodies of the United Nations system, availing itself of the broad range of opportunities offered by the numerous mechanisms, bodies and organizations which are non-selective and adhere to a universal standard in their work.

The invitation extended to the UN High Commissioner for Human Rights to visit Cuba in 1994 was another step taken by Cuba to foster international cooperation in the sphere of human rights.

Cuba was one of the first countries to receive a High Commissioner, Mr. José Ayala Lasso, in 1994, only a few months after this position was created in the UN structure.

As part of the extensive program prepared for his visit, the High Commissioner met with various government representatives and other actors and visited numerous centres of interest, where he was able to speak freely with many Cubans. At the end of his tour through Cuba, the then High Commissioner emphasized the receptiveness of the Cuban government and its willingness to follow the main suggestions made during his visit.

In 1995, the Cuban government invited a delegation of international non-governmental organizations to visit our country. This visit took place from 28 April to 5 May that year. The mission was made up of the organizations France Libertés, the International Federation of Human Rights Leagues, World Doctors and Human Rights Watch.

While carrying out their work in Cuba, the representatives of these organizations were given all possible support by the Cuban authorities and managed to meet all the goals they had set themselves including visits to several jails and meetings with prisoners in whom they were interested.

In 1998, when the anti-Cuban draft resolution wanted by the United States was defeated, Cuba extended invitations to the Commission’s special rapporteurs on the use of mercenaries and violence against women to visit the country, visits which took place in 1999.

In addition to welcoming missions to the country, Cuba has cooperated intensively with UN human rights mechanisms in other ways and methods. One way Cuban authorities have been unfailingly cooperating in this sphere at the international level has been by systematically providing information to universal and non-discriminatory CHR mechanisms and to organizations created by virtue of international human rights treaties.

In keeping with its historical commitment to cooperate with and be an active member of the Commission, the Cuban government has responded to requests for information about alleged violations of human rights which have been sent to it through the different procedures and mechanisms of the Commission and the mechanism set in place by Social, Economic and Social Council’s resolution 1503.

Cuba has conveyed the Office of the UN High Commissioner for Human Rights its points of view and feedback and has responded to a significant number of information requests arising from thematic resolutions adopted by the Commission on Human Rights.

In 2005, after consulting with the competent authorities, the Ministry of Foreign Affairs responded to the requests of information on cases of alleged violations of human rights, presented by the Commission’s Special Rapporteurs on Freedom of Opinion and Expression, on Torture; the Chairman of the Working Group on Arbitrary Detentions and the SG’s Representative of human rights defenders.

In accordance with the importance that Cuba grants to the cooperation with the non-discriminatory procedures of the Human Rights Commission, in 2005 copious theme responses have been sent to the High Commissioner’s Office, submitting contributions on issues such as the Right to Food, Cultural Identity, Protection of Human Rights and Terrorism, Promotion of Peace as fundamental requisites for the full enjoyment of all human rights, International Solidarity, the Situation in Palestine and the Arab territories under Israeli occupation, the Use of Mercenaries, Human Rights and Unilateral Coercive Measures and on the Right to Truth.

Cuba has honoured its commitment, as few countries have done, to submit regular reports to organizations established by virtue of international human rights treaties. Recently, Cuba submitted both its 5th and 6th regular reports to the Committee for the Elimination of Discrimination against Women (CEDAW). Soon, It will also submit its 3rd report to the Committee on the Rights of the Child (CRC), its 17th report to the Committee for the Elimination of Racial Discrimination (CERD) and its 3rd report to the Committee against Torture (CAT).

Our country has ratified a significant number of international instruments relating to human rights. Cuba is State party to 15 of the treaties considered to be the most important in this area, namely:

 Convention on the Rights of the Child
 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children and Child Prostitution and Child Pornography
 Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.
 Convention on the Elimination of All Forms of Discrimination against Women
 Convention on the Elimination of All Forms of Racial Discrimination
 Convention on the Prevention and Punishment of the Crime of Genocide
 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity,
 International Convention on the Suppression and Punishment of the Crime of Apartheid
 International Convention against Apartheid in Sports
 Convention on the Political Rights of Women
 Convention on the Nationality of Married Women
 Convention on Consent to Marriage, Minimum Age for Marriage And Registration of Marriages
 Slavery Convention and the Protocol Amending the Convention on Slavery, signed in Geneva on 25 September 1926
 Supplementary Convention on the Abolition of Slavery, the Slave Trade and the Institutions and Practices Similar to Slavery
 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of others.

Cuba has likewise signed the following instruments:

 Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.
 Optional Convention to the Convention on the Rights of the Child on the involvement of Children in Armed Conflicts.
 Hague Convention on Child Protection and Cooperation on International Adoptions.

Cuba has ratified other instruments in the sphere of labour rights related to the tropic of human rights:

 Convention on the Right of Association (Agriculture) (N. 11)
 Convention on Inspection of Emigrants (N. 21)
 Convention on Freedom of Association and the Protection of the Right to Unionize (N. 87)
 Migration for Employment Convention (Revised) (N. 97)
 Convention on the Right to Organise and Collective Bargaining (N. 98)
 Abolition of Forced Labour Convention (N. 105)
 Discrimination (Employment and Occupation) Convention (N. 111)
 Convention concerning Employment Policy (N. 122).
 Worker's Representatives Convention (N. 135).
 Rural Workers' Organisations Convention (N. 141)
 Labour Relations (Public Service) Convention (N. 151).

Cuba leads the list of States with largest numbers of ILO agreements ratified, with an overall number of 87, among them 7 out of 8 of the so-called Fundamental Agreements.

Cuba reaffirms its commitment to the contents of international covenants on civil, political, economic, social and cultural rights which it assumed when the respective texts were adopted by the United Nations General Assembly. The rights protected by the aforementioned instruments are fully enshrined for each and every Cuban citizen in the Constitution and laws of our country. There are large number of state programs and policies aimed especially at protecting and promoting the aforementioned rights for Cubans.

Nevertheless, Cuba will not take on new international responsibilities in a climate of confrontation and politically-motivated manipulation of international cooperation over human rights matters.

Cuba is open to dialogue with all interested countries on a basis of mutual respect and has stuck to its course of bilateral cooperation in this area with those whose approach to dialogue is respectful and serious. In its own region, Latin America, Cuba has had periodic exchanges on various subjects, including human rights related matters. This kind of exchanges includes countries from Asia, Africa and Eastern Europe.

We reject the possibility of cooperating in implementing the anti-Cuban resolutions adopted by closed vote in the Commission –whose approval was possible only because of the enormous pressures brought to bear by the hegemonic hyper power.

On the other hand, Cuba wishes to reaffirm its willingness to continue cooperating fully with all other mandates adopted by the Commission on Human Rights on non-selective, non-discriminatory grounds and, in particular, with the implementation of the mandate presented to the United Nations High Commissioner for Human Rights by virtue of resolution 48/41 of the United Nations General Assembly.

Cuba has seriously worked in the negotiation process for the establishment of the Human Rights Council. Cuba hopes that the bases agreed for the performance of the new body, can put an end to the political manipulation that has characterized the work of the intergovernmental bodies of the UN machinery in term of human rights.

As an underdeveloped country obviously committed to the cause of making real all human rights for all people, Cuba needs a strong and fair human rights body, capable of responding to the broadest range of expectations from the world’s peoples and capable of confronting the unilateral actions of the superpower.

Our country will continue to promote the right to food, international solidarity, the establishment of an equitable and democratic international order in which all of the rights enshrined in the Universal Declaration of Human Rights can become a reality for all human beings and all nations; the right to development for all nations and individuals; the right of all nations to peace and international cultural cooperation which respects our rich heritage of diversity.

Cuban representatives will continue to raise the question of the impact of the foreign debt on Third World countries’ enjoyment of human rights; will oppose the use of mercenaries as a means to constrain nations from exercising their right to self-determination and oppose the application of unilateral coercive measures.

Cuba will never slack in its denounces of the flagrant and massive violations of the human rights by the US authorities against individuals arbitrariously confined in the territory that illegally occupies the US Naval Base in Guantánamo.

Cuba will support initiatives aimed at protecting all human rights in accordance with principles of universality, indivisibility and interdependence. Furthermore, Cuba will defend the efforts of developing countries to promote the broad spectrum of economic, social and cultural rights.

Cuba will continue to hold an eminent position because of the number and quality of its contributions to the High Commissioner’s requests for information and will continue to reply in a systematic way to communications sent through the thematic mechanisms of the human rights body.

The Cuban government will never tolerate any attempt to single it out unfairly or to trample its people’s right to self-determination; neither will it tolerate that the sovereign equality of the Cuban state, established by the will of the Cuban people, be ignored, in flagrant violation of international law.

To sum up, the Cuban government will remain true to its commitment to multilateralism in international relations, particularly in the field of human rights and this implies resolutely confronting any maneuver aimed at manipulating the system of international cooperation in the field of human rights in order to attain hegemonic domination.

At the same time, Cuba will continue to be true to the teachings of its national hero, José Martí, who proclaimed that the “first law of the Republic must be the reverence paid to man’s full dignity”.