[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 62 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
S. RES. 62

 Calling upon the Organization of American States (OAS) Inter-American 
 Commission on Human Rights, the United Nations High Commissioner for 
Human Rights, the European Union, and human rights activists throughout 
    the world to take certain actions in regard to the human rights 
                           situation in Cuba.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2003

    Mr. Ensign (for himself, Mr. Graham of Florida, Mr. Frist, Mr. 
 Lieberman, Mr. Brownback, Mr. Nelson of Florida, Mr. Kyl, Mr. Allen, 
   Mr. Sessions, Mr. Reid, and Mr. Santorum) submitted the following 
  resolution; which was referred to the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
 Calling upon the Organization of American States (OAS) Inter-American 
 Commission on Human Rights, the United Nations High Commissioner for 
Human Rights, the European Union, and human rights activists throughout 
    the world to take certain actions in regard to the human rights 
                           situation in Cuba.

Whereas the democracies of the Western Hemisphere have approved an Inter-
        American Democratic Charter that sets a regional standard regarding 
        respect for human rights and fundamental freedoms;
Whereas the government of the Republic of Cuba approved and is bound to respect 
        the Charter of the Organization of American States (OAS) and the 
        American Declaration of the Rights and Duties of Man;
Whereas in 2001, 2000, 1999, 1998, and previous years, the government of the 
        Republic of Cuba declined to reply to the OAS Inter-American Commission 
        on Human Rights when it sought the government's views on human rights 
        violations in the Republic of Cuba;
Whereas all countries have an obligation to promote and protect human rights and 
        fundamental freedoms as stated in the Charter of the United Nations and 
        the Universal Declaration of Human Rights;
Whereas the United Nations Commission on Human Rights considered and passed a 
        resolution in 2002 regarding the situation of human rights in the 
        Republic of Cuba and called for the United Nations High Commissioner for 
        Human Rights to send a personal representative to the Republic of Cuba;
Whereas the United States and other countries remain concerned about violations 
        of human rights and fundamental freedoms in the Republic of Cuba, 
        including the freedoms of expression, association, and assembly, and the 
        rights associated with the administration of justice;
Whereas, according to the Department of State, Cuban authorities use exile as a 
        means of repression and continue to harass, threaten, arbitrarily 
        arrest, detain, imprison, and defame human rights advocates and members 
        of independent professional associations, including journalists, 
        economists, doctors, and lawyers with the goal of coercing them into 
        leaving the country;
Whereas Cuban citizens are routinely jailed solely because their views do not 
        coincide with those of the government;
Whereas Amnesty International in its 2002 report noted an increase in human 
        rights violations in the Republic of Cuba, including short-term 
        arbitrary arrests, threats, summonses, evictions, interrogations, losses 
        of employment, restrictions on travel, house arrests, and other forms of 
        harassment directed by the government against political dissidents, 
        independent journalists, and other activists in an effort to limit their 
        ability to exercise fundamental freedoms;
Whereas Amnesty International also noted with concern the beginning of a trend 
        toward the increased use of violence by Cuban authorities in order to 
        repress dissent;
Whereas Cuban political prisoners are deliberately exposed to harm and poor 
        conditions as a means of punishment, including beatings, denial of 
        medical treatment, forced labor against medical advice, unsanitary 
        eating conditions, and coexistence with inmates carrying highly 
        infectious diseases;
Whereas peaceful dissidents in the Republic of Cuba, such as Oscar Elias Biscet, 
        who upon finishing more than 3 years in jail for ``instigation to commit 
        a crime'' is again in police custody and facing a possible year-long 
        sentence, are subjected to ongoing harassment and imprisonment;
Whereas many Cubans, such as journalist Bernardo Arevalo Padron, who is 
        currently in jail serving a 6 year sentence, are routinely jailed under 
        the charge of ``disrespect'' for making negative statements about the 
        government of the Republic of Cuba;
Whereas many Cubans, such as Carlos Oquendo Rodriguez, who is serving 2 years in 
        prison, are routinely jailed under the charge of ``public disorder'' for 
        criticizing the Castro regime;
Whereas many Cubans, such as Francisco Chaviano Gonzalez, the longest serving 
        current Amnesty International prisoner of conscience in the Republic of 
        Cuba, are imprisoned on charges of ``revealing state security secrets'' 
        and ``falsifying public documents'' for promoting democratic practices 
        and human rights;
Whereas many Cubans, such as Juan Carlos Gonzalez Leiva, a blind lawyer and 
        president of the Cuban Foundation for Human Rights, are imprisoned on 
        charges of ``disobedience'' and tortured while incarcerated for 
        peacefully protesting the Republic of Cuba's brutal treatment of 
        dissidents;
Whereas many Cubans, such as Leonardo Miguel Bruzon Avila, president of the 24th 
        of February Movement (named for both a turning point in the Spanish-
        American War and the day in 1996 when 2 civilian aircraft carrying 4 
        members of the Cuban American Brothers to the Rescue movement were shot 
        down over international waters by Cuban fighter jets), are charged with 
        ``public disorder'' and held without trial for planning peaceful public 
        ceremonies;
Whereas many Cubans, such as Nestor Rodriguez Lobaina, who is president of the 
        Cuban Youth for Democracy Movement and currently serving a 6 year prison 
        sentence, are charged with ``damages'' for denouncing violations of 
        human rights by the Cuban government and communicating the brutality of 
        the Cuban regime to Cuban citizens and the world;
Whereas many Cubans, such as Jorge Luis Garcia Perez, who is a founder of the 
        Pedro Luis Boitel Political Prisoners Movement and serving a 15 year 
        prison sentence, are charged with ``enemy propaganda'' and suffer 
        systematic abuse and a lack of medical assistance while in prison, for 
        criticizing communism;
Whereas Amnesty International reports that participants in Oswaldo Paya's Varela 
        Project collecting the required 10,000 signatures on a petition for 
        peaceful change to the legal system of the Republic of Cuba have been 
        harassed, detained, subjected to confiscation of signed petitions, and 
        ``kicked, punched, and threatened'' by Cuban state security officials; 
        and
Whereas the European Parliament rightfully recognized Oswaldo Paya for his work 
        on the Varela Project with the 2002 Sakharov Prize for his human rights 
        work in the Republic of Cuba: Now, therefore, be it
    Resolved, That the Senate calls upon--
            (1) the Organization of American States Inter-American 
        Commission on Human Rights to continue its reporting on the 
        human rights situation in the Republic of Cuba and to request a 
        visit to the Republic of Cuba for the purposes of reviewing and 
        reporting to the international community on the human rights 
        situation there;
            (2) the United Nations High Commissioner for Human Rights 
        and his newly appointed personal representative to vigorously 
        pursue the implementation of the 2002 Resolution regarding the 
        situation of human rights in the Republic of Cuba;
            (3) the European Union, to build upon the European 
        Parliament's recognition of Cuban dissidents and, through the 
        appropriate bodies and mechanisms, request to visit the 
        Republic of Cuba for the purpose of reviewing the human rights 
        situation there and issue a report to the international 
        community on its findings; and
            (4) human rights organizations throughout the world to 
        issue statements of solidarity with the Cuban human rights 
        activists, political dissidents, prisoners of conscience, 
        independent journalists, and other Cubans seeking to secure 
        their internationally recognized human rights and fundamental 
        freedoms.
                                 <all>