[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 295 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
S. RES. 295

 Expressing solidarity with the Cuban people in demanding freedom and 
human rights, and commending their courage in the wake of the July 11, 
                            2021, protests.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2023

Mr. Scott of Florida (for himself, Mr. Braun, and Mr. Rubio) submitted 
   the following resolution; which was referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
 Expressing solidarity with the Cuban people in demanding freedom and 
human rights, and commending their courage in the wake of the July 11, 
                            2021, protests.

Whereas the communist dictatorship in Cuba has been responsible for numerous 
        atrocities including the extrajudicial assassinations of innocent 
        civilians and activists by firing squad and other brutal methods, 
        including the Tugboat Massacre of 1994 and the Brothers to the Rescue 
        Shoot-Down of 1996;
Whereas, in the notorious Black Spring of 2003, the Cuban regime engaged in 
        brutal violence against independent journalists, human rights activists, 
        and others who dared to expose the realities of totalitarian Cuba, which 
        was roundly condemned by international human rights groups;
Whereas human rights activists such as Pedro Luis Boitel, Juan Wilfredo Soto 
        Garcia, leader of the Ladies in White Laura Pollan, Orlando Zapata 
        Tamayo, Wilman Willar Mendoza, Oswaldo Paya, Harold Cepero, Armando Sosa 
        Fortuny, and Yosvany Arostegui Armenteros died under suspicious 
        circumstances, including while in state custody;
Whereas Report No. 83/23 published by the Inter-American Commission on Human 
        Rights on June 9, 2023, states that--

    (1) ``there is serious and sufficient evidence to conclude that [agents 
of the Cuban regime] participated in the death of Mr. Paya and Mr. 
Cepero'';

    (2) the Cuban regime ``is responsible for the violation of the right 
established in Article I of the American Declaration to the detriment of 
Oswaldo Paya and Harold Cepero'';

    (3) ``there was a context of reprisals and human rights violations 
against human rights defenders and persons who expressed dissent against 
government policies'';

    (4) Harold Cepero and Oswaldo Paya ``were subjected to various acts of 
violence, harassment, threats, attempts on their lives, and finally, a car 
crash that caused their deaths''; and

    (5) ``this case was framed within the contextual elements of state 
repression of human rights defenders in Cuba'';

Whereas the report entitled ``Cuba 2022 Human Rights Report'' published by the 
        Department of State notes that ``significant human rights issues [in 
        Cuba] included credible reports of''--

    (1) unlawful or arbitrary killings, including extrajudicial killings, 
by the government;

    (2) torture and cruel, inhuman, and degrading treatment of political 
dissidents, detainees, and prisoners by security forces;

    (3) harsh and life-threatening prison conditions;

    (4) arbitrary arrests and detentions; political prisoners;

    (5) transnational repression against individuals in another country;

    (6) serious problems with the independence of the judiciary;

    (7) arbitrary or unlawful interference with privacy;

    (8) serious restrictions on freedom of expression and media, including 
violence or threats of violence against journalists, censorship, 
unjustified arrests or prosecutions of journalists, and enforcement or 
threat to enforce criminal libel laws to limit expression;

    (9) serious restrictions on internet freedom; substantial interference 
with the right of peaceful assembly and freedom of association, including 
overly restrictive laws on the organization, funding, or operation of 
nongovernmental and civil society organizations;

    (10) severe restrictions on religious freedom;

    (11) restrictions on freedom of movement and residence within the 
country and on the right to leave the country;

    (12) inability of citizens to change their government peacefully 
through free and fair elections; serious and unreasonable restrictions on 
political participation;

    (13) serious government corruption; lack of investigation of and 
accountability for gender-based violence, including femicide; and

    (14) trafficking in persons, including forced labor; and outlawing of 
independent trade unions;

Whereas 2023 Trafficking in Persons Report published by the Department of State 
        lists Cuba as a Tier 3 country, the lowest possible rating, stating 
        that--

    (1) ``there was a government policy or pattern to profit from labor 
export programs with strong indications of forced labor, particularly in 
the foreign medical missions' program''; and

    (2) the regime ``continued to deploy Cuban workers to foreign countries 
using deceptive and coercive tactics'' and ``failed to address trafficking 
crimes despite an increasing number of allegations from credible NGOs, 
former participants, and foreign governments of Cuban officials' 
involvement in abuses'';

Whereas, in January 2019, Secretary General of the Organization of American 
        States Luis Almagro stated that ``the Cuban dictatorship has failed in 
        access to rights and equity, its productive system has failed, its 
        financial management has failed, its management of the economy has 
        failed and the only way to melt away its social deficiencies is to push 
        its people into exile; it is a system that is incapable of giving 
        dignified and honest work to its people, that is unable to open its 
        youth to enterprise, unable to generate a competitive productive system 
        and unable to achieve solutions for the simplest financial issues'';
Whereas the Asociacion Sindical Independiente de Cuba (commonly known as 
        ``Independent Trade Union Association of Cuba'' or ``ASIC'') has filed 
        complaints with the International Labour Organization condemning 
        violations of fundamental labor rights, such as freedom of assembly, and 
        repression of labor activist Ivan Hernandez Carrillo, and, in response, 
        the International Labour Organization provided recommendations on March 
        24, 2021, to address the violations, which Hernandez Carrillo continues 
        to endure in the wake of the July 11, 2021, protests;
Whereas the 2023 reports entitled ``Freedom on the Net'' and ``Freedom in the 
        World'' published by Freedom House summarized that--

    (1) ``Cuba's one-party communist state outlaws political pluralism, 
bans independent media, suppresses dissent, and severely restricts basic 
civil liberties'';

    (2) the government ``continues to dominate the economy despite recent 
reforms that permit some private-sector activity''; and

    (3) ``the regime's undemocratic character has not changed despite a 
generational transition in political leadership between 2018 and 2021 that 
included the introduction of a new constitution'';

Whereas the United States has long supported the Cuban people through policies 
        that limit hard currency to the oppressive Cuban regime while--

    (1) providing democracy-building support to civil society activists;

    (2) broadcasting outside information to pierce the propaganda of the 
Cuban regime; and

    (3) permitting virtually unlimited donations of food, medicines, and 
other necessities through--

    G    (A) Acts of Congress such as--

        G    (i) the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et 
seq.);

        G    (ii) the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa 
et seq.);

        G    (iii) the Cuban Democracy Act of 1992 (22 U.S.C. 6001 et 
seq.);

        G    (iv) the Cuban Liberty and Democratic Solidarity (LIBERTAD) 
Act of 1996 (22 U.S.C. 6021 et seq.); and

        G    (v) the Trade Sanctions Reform and Export Enhancement Act of 
2000 (22 U.S.C. 7201 et seq.); and

    G    (B) Executive orders and regulations;

Whereas numerous activists in Cuba such as members of the Patriotic Union of 
        Cuba, the San Isidro Movement, the Christian Liberation Movement, ASIC, 
        the Ladies in White, the Orlando Zapata Tamayo National Resistance 
        Front, religious organizations, exile groups, and others are demanding 
        freedom for the Cuban people;
Whereas Jose Daniel Ferrer Garcia, independent journalist and leader of the 
        Patriotic Union of Cuba, has been held in solitary confinement since 
        August 14, 2021, and held incommunicado since March 17, 2023, with his 
        health condition unknown, which was condemned by Amnesty International 
        on June 6, 2023;
Whereas artists Maykel Osorbo Castillo Perez and Luis Manuel Otero Alcantara of 
        the San Isidro Movement, who participated in the Grammy-winning ``Patria 
        y Vida'' and were sentenced to 9 and 5 years, respectively, have been 
        unjustly imprisoned for 2 years, and Otero Alcantara has engaged in 
        hunger strikes to protest his abhorrent treatment;
Whereas the Cuban regime has employed so-called ``Committees for the Defense of 
        the Revolution'' to force neighbors to spy and turn against each other, 
        which has spread distrust and fear among the Cuban people and caused an 
        environment that is deleterious to a strong social fabric and thriving 
        civil society;
Whereas, on July 11, 2021, thousands of courageous protesters gathered 
        throughout Cuba, in every province, to demand ``libertad'' and human 
        rights and to express opposition to dictatorship in Cuba;
Whereas the Cuban regime reacted to the July 11 protests with violence, 
        arbitrary arrests, often by plain clothes state security operatives, and 
        forced disappearances and by shutting down internet access and calling 
        on supporters of the regime to harass protesters, and prosecuted as many 
        as 790 Cubans for peacefully calling for freedom in the protests;
Whereas Cubalex reported that the Cuban regime prosecuted 55 children in the 
        wake of the July 11 protests, imposing prison sentences as long as 23 
        years, while dozens of children reportedly remain in prison to this day; 
        and
Whereas, since Fidel Castro illegitimately and violently seized power, hundreds 
        of thousands of Cuban nationals have fled Communist oppression: Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) calls for the release of all political prisoners and 
        for the end of acts of repression, arbitrary imprisonments, 
        torture, and other human rights abuses against the Cuban 
        people;
            (2) honors the courageous Cuban people for daring to stand 
        up to the Cuban regime and demanding respect for fundamental 
        freedoms, such as freedom of expression and assembly;
            (3) recognizes the brave prodemocracy and human rights 
        activists, including independent journalists, artists, labor 
        leaders, and religious leaders, who have been persecuted 
        throughout decades of Communist tyranny;
                    (A) urges other democracies, regional, and 
                multilateral organizations to affirm that--
                            (i) violence against the unarmed people of 
                        Cuba will not be tolerated; and
                            (ii) human rights abusers will be held 
                        accountable for their crimes;
            (4) calls on the European Union--
                    (A) to reconsider the failed Political Dialogue and 
                Cooperation Agreement; and
                    (B) to place freedom and human rights at the center 
                of the policy toward Cuba;
            (5) expresses solidarity with the longsuffering Cuban 
        people in their demands for a genuine democratic transition; 
        and
            (6) calls on the international community to stand with the 
        people struggling for freedom in Cuba by condemning repression 
        and expressing unequivocal support for the rights to self-
        governance, human rights, and basic liberties for the Cuban 
        people.
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