CHAPTER 7: DESPITE THE UNJUST ANTI-CUBAN EXERCISE IMPOSED BY THE UNITED STATES, CUBA CONTINUES TO HONOR ITS COMMITMENT TO COOPERATE WITH ALL NON-DISCRIMINATORY HUMAN RIGHTS MECHANISMS.

Cuba has a long and proud history of international cooperation in the field of human rights. That history, however, has been silenced, and, what is even worse, it has been distorted by the propaganda machinery of the hegemonic superpower.

Through concrete facts, Cuba has shown –while always demanding full respect for itself- its unequivocal willingness to engage in an honest and open dialogue on every issue, including the human rights issue.

Despite our principled opposition to the selective, discriminatory, and unjust exercise promoted by the United States against Cuba in the field of human rights, the Cuban government has continued making progress and enhancing its traditional cooperation with all the universally applicable and non-discriminatory human rights mechanisms.

Consistent with that willingness, in 1988 the Cuban government issued an invitation so that a visiting mission headed by the then President of the now inexistent Human Rights Commission could visit the Island. That mission was made up by other member countries of the Human Rights Commission representing every regional group, and pursued the objective of observing the human rights situation in our country and further on submitting a report to the aforementioned agency. Such requirement was contained in decision 1988/106 which was adopted by the extinct Human Rights Commission.

The visit took place from September 16 to 25 of that same year. The Cuban government granted all facilities and full guarantees to the Mission during its preparatory works as well as during the accomplishment of its duties in our country. The report submitted by the Mission recognized the positive attitude and good will of the Cuban authorities, and clearly evidenced that in Cuba there wasn’t any human rights situation that could, in no way, justify the establishment of a special follow-up procedure.

One year later, in 1989, by virtue of decision 1989/113 adopted by the defunct Commission, Cuba clearly expressed its willingness to continue cooperating with the United Nations Secretary-General with regards to a follow-up on the recommendations included in the Mission’s Report. However, this process was discontinued, due to the United States determination to manipulate the Commission and use it as a launching pad for anti-Cuban propaganda, thus compelling the adoption of an unjust resolution to condemn Cuba at the Human Rights Commission, which continued to be forcefully imposed in every subsequent year since 1990 –except in 1998.

This unjust maneuver to foster confrontation, and the groundless condemnation imposed by the US authorities against Cuba, found a proud and principled response by the Cuban people. Cuba does not give in to pressures, acts of force or blackmails. Cuba’s recognition of and cooperation with an anti-Cuban exercise like that imposed by the United States on the United Nations human rights apparatus should never be expected, for its origin, motivations and methods are clearly illegitimate, illegal and unjust.

Despite that, Cuba continued to cooperate with the extinct Human Rights Commission, and continues to do so with the current Human Rights Council as well as with all other agencies of the United Nations human rights apparatus, taking advantage of the many possibilities offered by the existence of numerous non-selective mechanisms, bodies and organs which have been entrusted with a universally applicable mandate.

Cuba was one of the first countries to be visited by a Human Rights High Commissioner, H.E. Mr. José Ayala Lasso, in 1994, hardly a few months after this post was established as part of the United Nations structure.

The broad program organized for the visit of the first United Nations High Commissioner for Human Rights included meetings with several representatives of the government as well as other social actors. The High Commissioner visited several places of interest, where he was able to have a free talk with all Cubans about his main concerns. After concluding his visit to Cuba, the then High Commissioner highlighted Cuba’s receptivity and readiness to implement the main suggestions that had been made during his visit.

In 1995, the Government of Cuba invited a delegation made up by international non-governmental organizations to visit our country. This visit took place from April 28 to May 5 of that same year. The Mission was composed of France Liberté; the International Human Rights Leagues Federation; Doctors of the World; and Human Rights Watch.

During the visit of this Mission to Cuba, the representatives of those organizations received full support from the Cuban authorities and were able to comply with their goals, including a visit to several prisons and meetings with some inmates for whom they showed some interest.

In 1998, the year when the anti-Cuban draft resolution promoted by the United States was defeated, Cuba conveyed an invitation to the Human Rights Commission’s Special Rapporteur on the Use of Mercenaries and the Special Rapporteur on Violence Against Women respectively for them to visit the country. These visits took place in 1999.

In addition to receiving visiting missions, Cuba has intensely cooperated, through other ways and methods, with the United Nations human rights bodies. An example of that has been the systematic supply of information conveyed to the non-discriminatory and universally applicable mechanisms of the Human Rights Commission as well as to the organs created by virtue of several human rights international treaties.

In keeping with its historical commitment with cooperation and active membership both at the Commission and at the current Council, the Cuban government has considered every request of information about alleged human rights violations which have been conveyed through different thematic procedures of the Commission and the mechanism established by virtue of the confidential procedure established under resolution 1503 of the Economic and Social Council.

Cuba has expressed its views and made its contributions to the United Nations High Commissioner's Office for Human Rights, in response to a significant number of questionnaires and other specific information requests derived from the implementation of the thematic resolutions adopted by the Human Rights Commission.

In 2006, after making the usual inquiries through the relevant authorities, the Ministry of Foreign Affairs responded to the requests for information about alleged violations of human rights made by the Chairman/Rapporteur of the Working Group on Arbitrary Detentions; the Special Rapporteur on the right of every person to enjoy the highest possible standard of physical and mental health; the Special Rapporteur on the advancement of the right to freedom of opinion and of expression; and the Special Representative of the Secretary General on Human Rights Defenders.

In 2006, as a confirmation of the importance granted to the cooperation with the United Nations human rights non-discriminatory procedures, Cuba sent its views and contributions on different topics, including those related to human rights and unilateral coercive measures; the protection of human rights defenders and combat against incitement to racial and religious hatred.

Cuba has submitted several periodic reports to the bodies created by virtue of international human rights treaties. On August 2006, Cuba discussed and submitted the fifth and sixth consolidated reports to the Committee on the Elimination of Discrimination against Women (CEDAW).

Cuba’s commitment with the advancement of women and the society as a whole has been repeatedly acknowledged. The final remarks and recommendations issued by the Committee focused on aspects of methodology and the need to advance further in the systematization of data and indicators including a gender perspective. The Committee recognized that the economic, commercial and financial blockade imposed by the United States against Cuba is a factor that affects the full enjoyment of human rights by Cuban women, and prevents the full implementation of the Convention.

Likewise, Cuba made its contribution to the global report on the implementation of the results of the United Nations General Assembly Special Session on children. This report contained the actions and programs implemented in the country, as well as the results obtained since 2002 in favor of children.

Cuba is preparing to submit its third periodic report to the Committee on the Rights of the Child (CRC); its seventeenth periodic report to the Committee on the Elimination of Racial Discrimination (CERD); and its third periodic report to the Committee against Torture (CAT).
Our country has ratified a significant number of international human rights instruments. Cuba is a State party to 16 fundamental treaties on this issue, namely:

Convention on the Rights of the Child

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.

Convention against Torture and Other Inhuman and Degrading Treatment or Punishment.

Convention on the Elimination of All Forms of Discrimination against Women.

International 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.

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 for Marriage, Minimum Age for Marriage and Registration of Marriages.

The Slavery Convention and the Protocol amending the Slavery Convention signed at Geneva on 25 September 1926.

Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery.

Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.

Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption

Cuba has signed the following instruments:

Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflict.

Cuba has also ratified other human rights labor law instruments:

Convention on Freedom of Association (agriculture),(No. 11).

Convention concerning the Inspection of Emigrants (No. 21).

Convention concerning Freedom of Association and Protection of the Right to Organize (No. 87).

Migrant Workers Convention (reviewed), (No.97).

Convention on the Right to Organize and Collective Bargain (No. 98).

Forced Labor Convention (No. 29)

Convention concerning the Abolition of Forced Labor (No. 105).

Convention concerning Discrimination (Employment and Occupation) (No. 111).

Convention concerning Employment Policy (No. 122).

Convention concerning Workers’ Representatives (No. 135).

Convention on Rural Workers' Organizations (No 141).

Convention concerning Labor Relations in the Public Service (No. 151).

Cuba holds an advanced position among those States which have ratified the highest number of ILO Conventions. It has signed as many as 88, among them, 7 of the so-called Eight Fundamental Conventions.

Cuba reiterates its commitment with the principles enshrined in the International Covenants on Civil and Political Rights, and of Economic, Social and Cultural Rights. Such commitment was entered into since the adoption of both texts by the UN General Assembly. Cuba’s Constitution and legal system uphold for all citizens the rights protected under such instruments. The State has implemented a number of programs and policies specially aimed at protecting and promoting these rights for all Cubans.

However, Cuba will not enter into new international obligations in a context governed by confrontation and manipulation of international human rights cooperation aimed at pursuing political goals.

Cuba is open to dialogue with all interested countries based on mutual respect, and has maintained its bilateral cooperation on this issue with those countries which seriously and respectfully engage in dialogue. Within Latin America, its home region, Cuba has held periodic discussions on a number of issues, including those related to human rights. These discussions have also been held with several countries from Asia, Africa, and Eastern Europe.

Once again, Cuba refuses to cooperate with the application of the successive anti-Cuban resolutions adopted by a narrow margin at the Human Rights Commission, as a result of the enormous pressures exerted by the hegemonic superpower.

Cuba wants to reiterate its willingness to continue to fully cooperate with the Human Rights Council mandates, as it did with those adopted by the Human Rights Commission, in a non-selective and non-discriminatory way, particularly with the mandate vested upon the United Nations High Commissioner for Human Rights under resolution 48/141 of the United Nations General Assembly.

Cuba, given its condition as member of the Human Rights Council, and in the course of its three years mandate, will be open to the scrutiny of the Universal Periodic Review Mechanism, as long as it is not sequestrated with the aim of protracting the anti-Cuban exercise which is so undeservedly promoted by Washington for reasons other than human rights.

Cuba worked very seriously in the negotiation process previous to the establishment of the Human Rights Council and hopes that this body could put an end to the political manipulation that has characterized the work of the United Nations human rights inter-governmental agencies.

Cuba, an underdeveloped country fully committed with the enjoyment of human rights by all citizens, would like to see a strong and just Human Rights body, which could meet the highest expectations of all peoples of the world and cope with the unilateral actions of the superpower.

Cuba will continue to promote the right to food and international solidarity; the establishment of a democratic and equitable international order in which all rights enshrined by the Universal Human Rights Declaration could be enjoyed by all human beings and peoples; the right to development for all peoples and individuals; the right of peoples to peace, and an international cultural cooperation that respects cultural diversity.

During the works of the Council, the Cuban representatives will continue to question the impact of the foreign debt burden on the enjoyment of human rights by the Third World peoples; they will condemn the use of mercenaries as a means to restrain the exercise of the right to free determination of peoples, and the application of unilateral coercive measures.

Cuba will not cease in its efforts to continue denouncing the flagrant and mass violations of human rights by the United States against the persons arbitrarily detained in a part of its territory that is illegally occupied by the US military base in Guantánamo.

Cuba will support the initiatives aimed at promoting all human rights, according to the principles of universality, indivisibility and interdependence. Likewise, Cuba will support the efforts of all developing countries aimed at enhancing the broad spectrum of economic, social, and cultural rights.

Cuba will continue to adopt an outstanding position based on the quantity and quality of its contributions to the information requested by the High Commissioner, and will systematically respond to the communications conveyed to it through the thematic mechanisms of the Human Rights organ.

The Government of Cuba will never tolerate being unjustly singled out, or any attempt aimed at trampling on the right of its people to self-determination and ignoring the sovereign equality of a State established by the will of the Cuban nation, all of which in flagrant violation of the International Law standards in force.

Cuba will continue to uphold its commitment with multilateralism in international relations, particularly in the field of human rights, which presupposes the resolute confrontation of every maneuver aimed at manipulating the human rights international cooperation system in pursuance of hegemonic domination goals.

Likewise, Cuba will continue to honor the legacy of its National Hero, José Martí, who proclaimed that “the first law of the Republic should be the cult to the full dignity of men.”