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Report by Cuba on Resolution 58/7 of The United
Nations General Assembly
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"The necessity of
ending the economic, commercial and financial
blockade imposed by the United States of America
against Cuba"
Havana, September 30, 2004
CONTENTS
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INTRODUCTION
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3 |
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1. THE NEW
MEASURES AIMED AT THE CUBAN PEOPLE AND THEIR
ECONOMY |
12 |
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More restrictions
on travel to Cuba |
13 |
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More restrictions
on family remittances |
18 |
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Further
extraterritorial harassment |
21 |
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Other necessary
notes and assessments |
23 |
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2. THE
EXTRATERRITORIAL NATURE OF THE POLICY OF
BLOCKADE |
29 |
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3. REPERCUSSIONS
ON HEALTHCARE |
35 |
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4. HARM CAUSED IN
THE FIELDS OF EDUCATION, CULTURE, SPORTS, AND
ACADEMIC AND SCIENTIFIC EXCHANGE BETWEEN THE
CUBAN AND AMERICAN PEOPLES |
40 |
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5. SECTION 211 OF
THE OMNIBUS CONSOLIDATED AND EMERGENCY
SUPPLEMENTAL APPROPRIATIONS ACT 1999 |
50 |
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6. IMPACT ON
CUBA'S FOREIGN TRADE |
53 |
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7. IMPACT ON OTHER
SECTORS OF THE CUBAN ECONOMY |
59 |
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CONCLUSIONS |
66 |
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APPENDIX |
67 |
INTRODUCTION
The more than forty long
years of suffering by the Cuban people, caused by
their sovereign decision to stand up to the blockade
imposed on it, to preserve their independence and to
not renounce their right to build their own
development model, is something that President
George W. Bush’s administration treats with contempt.
The UN General Assembly’s
condemnation over 12 years ago -which today is
almost unanimous- of this murderous mechanism that
the US authorities euphemistically label “embargo”
is continually ignored.
Neither does President
George W. Bush’s government pay any attention to the
reservations about his Cuba policy that exist in
broad sectors of US society, sectors which, in an
increasingly insistent fashion, demand changes to
that policy; a policy that not only seeks to
suffocate the Cuban people and affect their
relations with third countries but also bans and
restricts some of the American people’s basic
freedoms, including some that are enshrined in the
constitution.
The period analyzed by this
report (the second half of 2003 and the first half
of this year) will go down in history as one of the
periods when the colossal crime which goes by the
name of “The Blockade” was at its most virulent.
The new measures the United
States government implemented during this period are
one more cog in the machinery of laws and regulation
that have controlled the blockade against Cuba for
over forty years; they are proof of that government’s
desperation caused by the failure of its attempts to
isolate and subjugate the Cuban people through
hunger and disease. Their aim is to put into
practice the plans to dominate the Cuban nation that
have inspired the way some sectors of the US ultra-right
have behaved for more than a century.
The ultimate aim of these
measures, moreover, is to satiate the hatred and
thirst for vengeance of a Cuban-born extremist
minority which has no qualms about resorting to
terrorism against the people of our island and to
whom President George W. Bush owes a debt of
gratitude for the direct role it played in
organizing and pulling off the fraud in the year
2000 elections in Florida.
The most relevant events
which characterize the period covered by this report
include:
ü 30 September 2003, the
US Treasury Department’s Office for Foreign
Assets Control (OFAC) passed a regulation to ban
publication of scientific articles from regimes
subject to sanctions by the United States
government: Cuba is one of these. The OFAC did
this under the pretext that the editing process,
that is “revision, changing and publishing”
would constitute a “service” which would add
value to the articles in question, and would
therefore violate the Trading with the Enemy
Act. Following intense pressure from the US
academic and scientific community, the measures
was repealed on 5 April 2004.
ü 10 October 2003,
President George W. Bush made an announcement
from the White House about the establishment of
the so-called “Committee for Assistance to a
Free Cuba” and an increase in controls on and
greater rigor in applying the ban on travel to
Cuba.
ü 9 February 2004, the
US secretary of the treasury, John Snow, made an
announcement in Miami about a new
extraterritorial measure which involved the OFAC
immediately freezing the assets in the United
States of 10 companies of “Cuban ownership” or
controlled by the Cuban government or Cuban
nationals, which specialized in promoting travel
to Cuba and in sending gifts. This included
companies organized and located in Argentina,
the Bahamian, Canada, Chile, Holland and the
United Kingdom.
That same day, the
aforementioned functionary gave an account of
the degree to which the president’s decision to
tighten controls on travel to Cuba had been
applied, listing the number of flights inspected,
the fines imposed and the goods seized.
ü 26 February 2004,
President George W. Bush signed Presidential
Proclamation 7757 which bans vessels intending
to enter Cuba from leaving US ports. The
regulations for putting this into effect, issued
by the Coastguard Service on 8 July 2004, openly
declared that the aim of these was to “improve
the way the embargo on the Cuban government is
applied”. The regulation establishes fines of up
to $25,000 or five years in prison or both and
the confiscation of violators’ vessels.
ü In this period, the US
government brought fierce pressures to bear on
banking institutions in third countries to have
them place obstacles in the way of and hinder
Cuban financial operations. Cuba uses this
income in hard currency for importing medicines,
food and other consumer goods and to buy the
inputs needed if its economy and essential
social services are to function.
Recently the US
government fined the Swiss bank, USB, $100
million for making financial transactions in
dollars with certain countries, including Cuba
ü 6 May 2004, President
George W. Bush gave his approval to all of the
report from the so-called Committee for
Assistance to a Free Cuba. This contains some
450 recommendations and suggestions for new
measures to topple the Cuban Revolution and
install a puppet regime which would have total
control over the Cuban nation and would be under
the absolute control of the United States.
ü Finally, on 30 June
2004, the regulations which tighten the measures
announced on 6 May became effective. The
measures themselves are a violation of Cuban
independence and sovereignty and an
unprecedented escalation in the mass, flagrant
violation of the human rights of the Cuban
population, of Cubans living in the United
States and even of US citizens themselves.
The economic, financial and
trade blockade which ten US administrations have
imposed -and intensified- on Cuba and which is today
a complicated apparatus of laws and regulations, is
a part of a policy of hostility and aggression
towards the very existence of the Cuban nation. By
the Cuban nation we mean the undertaking to build a
sovereign and independent Cuba for Cubans.
The United States’ voracious
appetite for Cuba and its natural and human
resources dates back to the very birth of the
American Union when efforts to annex Cuba began,
using all sorts of different methods ranging from
encouragement and support for annexationist forces
within the Spanish colony to direct military
intervention and occupation.
No 19th
century American government ever recognized the
Republic of Cuba in Arms. On the contrary, on
several occasions they put obstacle in the way of
and interrupted the channels that the American
people and Cuban émigrés in that country used to
send the aid they had obtained for the Cuban people’s
cause to win their freedom.
After the 1898 US military
intervention, which robbed Cubans of the right they
had won through 30 years of unequal struggle, a
“republic” was born in Cuba, a “republic” made
dependent by a constitutional amendment, the Platt
Amendment, which legalized the island’s neo-colonial
status. For more than 50 years, US governments
subjected the Cuban people to their imperial control
and to having their national wealth exploited by US
monopolies, thanks to the complicity and
spinelessness of successive corrupt puppet
governments. They also installed brutal military
dictatorships when they found it necessary to shed
blood to silence the justified claims of the Cuban
people and quash their deep-rooted anti-imperialist
sentiments.
A Cuban-born oligarchy,
dependent on and benefiting from the country’s
neo-colonial control apparatus, showed itself
incapable of leading or even of going along with a
plan for genuine national development.
When a profound social
revolution was victorious in 1959, the imperialist
cliques in the United States who exercised control
over the island and who very soon saw the Cuban
Revolution’s example as an open challenge to its
plans for hegemonic domination, decided to use their
power, through successive Republican and Democratic
administrations to launch, maintain and, as the
years went by, step up an undeclared war aimed at
re-installing their control over the Cuban nation
and, if that was impossible, to simply exterminate
it and its rebelliousness.
The economic, trade and
financial war against Cuba began even before the
revolutionary government took any measures which
affected the US companies controlling the country’s
economic life.
A complex, shadowy web of
measures, laws and programs, which is today the US
unilateral blockade on Cuba, began to take shape at
the same time as they were encouraging, organizing
and financing a mercenary invasion at the Bay of
Pigs, countless acts of terrorism -including
sabotage on economic and social targets, plans to
assassinate the top revolutionary leadership, armed
attacks on defenseless settlements and families and
even germ warfare- media campaigns filled with rabid
lies about the Revolution, encouragement for
subversion and funding for the overseas and domestic
counterrevolution and cruel incitement to emigrate
illegally.
The Torricelli Act was
passed in 1992; this abruptly cut off trade in
medical drugs and food between Cuba and subsidiaries
of US companies based outside US territory. It also
instituted a strict ban on maritime navigation to
and from Cuba, thus giving legal status to
provisions which were clearly extraterritorial in
nature.
Applying the Torricelli Act
delivered a heavy blow to the Cuban people. It was
conceived with the criminal and cynical aim of
dealing the coup de grace to the Cuban economy, thus
destroying it. (The economy was going through
serious difficulties following the abrupt cessation
of its economic, trade and cooperation relations
with the former Soviet Union and the East European
former socialist countries). Since this wager on the
collapse of the Cuban Revolution turned into yet
another failure of the policy of anti-Cuban
hostility followed by successive US governments, it
was then decided to escalate the economic, political
and diplomatic war against the Cuban nation to
levels never before seen in the history of US
foreign policy.
In 1996 the Helms-Burton Act
was passed. This, among other things, fine tuned the
repressive mechanisms affecting the infinitesimal
economic, trade and financial ties between US
companies and Cuba, increased the number and scope
of the extraterritorial provisions in order to
persecute any transaction or business that might
benefit the Cuban economy, persecuted and punished
foreign investors in Cuba; authorized funding for
hostile subversive, aggressive actions against the
Cuban people -these included the media
disinformation war, improving the broadcasts by the
ill-named Radio and Television Martí, drew up a
program aimed at destroying the constitutional
system the Cuban people has created for itself and
at imposing a “change of regime” which would ensure
that the US imperialist cliques´ schemes to take
over the Cuban nation are brought to fruition.
From that time on, a long
list of new actions and measures of hostility and
aggression were added one after the other, in an
attempt to stop any hole or gap detected in the
cordon or wall of sanctions set up to blockade Cuba.
According to figures updated
in 2004 by the Cuban National Statistics Office, 69%
of the population was born after 1959, which means
that approximately seven out of every ten Cubans
were born and have lived under this regime of
unilateral sanctions that is the American blockade.
An economic estimate -made
by the National Institute for Economic Research with
the collaboration of experts from several ministries,
companies and other Cuban institutions- of the
direct losses suffered by the Cuban people because
of the blockade indicates that these amount to over
$79,325,2 billion.
It should be pointed out
that this estimate takes into consideration only
direct damage to our economy and thus does not
include the greater part of the indirect economic
losses resulting from this. If the country had been
able to avail itself of these resources, they would
have improved the population’s standard of living
through the multiplier effect.
For example, the estimate
does not include the value of goods that ceased to
be produced because of restrictions and onerous
conditions Cuba has to face when applying for
investment, trade, banking and international credits.
Had it been able to have access, at average rates
and under average conditions, to the financing
granted to other countries in the region with a
similar level of economic development, the country’s
economy would have reached a much higher level of
development.
It is beyond belief that, at
a time when the international community is combining
its cooperation efforts to meet essential not-to-be-postponed
development goals for all nations, the country with
the greatest military and economic power, for petty
domestic political reasons and from a desire for
world domination, should insist on begrudging the
tiny amount of resources that could improve the
wellbeing and speed up the progress of a country
which has irrefutably demonstrated its willingness
to unconditionally share its modest achievements and
victories with any other country in the world.
Cuba represents absolutely
no threat or danger to the United States. The world
and large sectors of US society are perfectly well
aware of this. There are also very few people who
are still fooled by the false, pharisaical way they
invoke the alleged defense of human rights to
justify their ferocious hostility towards the Cuban
people.
How could the government
which is responsible for the most atrocious and
premeditated attacks on policies and programs
designed to promote economic and social development
and the wellbeing, the safety and the right to life
of Cuban men and women lay claim to the title of
defender of the Cuban people’s human rights?
How could the government
which uses lies as a pretext for its “pre-emptive
wars” -which are in fact imperialist wars to gain
control of resources and geographic regions of great
strategic importance- hasten “democracy” anywhere in
the world?
Who could be convinced of
its adherence to the “rule of law” by the government
that tramples on the basic canons of international
law and shows its contempt for agreements reached in
multilateral for a of the importance and
universality of the United Nations General Assembly
and the World Trade Organization. Who could be
convinced by the government that claims its
exemption from the provisions of the Convention on
Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment in order to ensure that it
will go unpunished for the brutal and inhuman way
its authorities treat prisoners in Iraq or those who
are still arbitrarily detained in concentration
camps built in territory illegally occupied by the
Guantánamo Bay US naval base in Cuba?
How could a government that
has made the inequalities and injustices in US
society worse and has supported the dismantling of
affirmative action programs that favor
underprivileged, forgotten minorities -such as its
own Latino and Afro-American citizens- and which,
with its social and fiscal policies in favor of the
rich, has added million people per year to the
number of Americans who have no medical insurance
help the advancement and wellbeing of the Cuban
people?
There is no way the Bush
administration can maintain that its policy of
hostility, blockade and aggression against Cuba is
based on the hypothetical need to promote and
protect human rights in the island. The government
that has made the largest contribution in the
shortest time to the disintegration of and loss of
prestige by the international system for promoting
and protecting human rights has neither the
credibility, moral right or any other right to do
so.
The Cuban people reject the
model of political and social organization that the
US government is attempting to reinstall in their
country with a view to re-imposing its apparatus of
control and interference and to following its
neoliberal recipes for reorganizing and managing the
Cuban economy. Cuban men and women think that the
schema the power circles in the superpower are
offering them provide no solution to the problems,
needs or historical interests of the Cuban nation
nor to its desire to continue building a fairer,
more democratic and more equal society.
As per paragraph (c) of
article II of the Geneva Convention on the
Prevention and Punishment of the Crime of Genocide,
of 9 December 1948, the US blockade against Cuba
qualifies as an act of genocide and is, therefore, a
crime under international law.
The condemnation of any act
of genocide and the need to put a stop to it allow
no room for ambiguous positions. The Cuban people
cannot condone any attempt whatsoever to influence
the degree to which they are opposed to the brutal
blockade imposed on them.
Cuba trusts that an
overwhelming majority of governments in the world
will continue to recognize -as the peoples and
honest, worthy men and women from the four corners
of the earth have done- the vital importance of
opposing the prolongation of an unlawful policy of
hostility and unilateral aggression which is
undermining the very foundations of multilateralism.
Although the Cuban people
knows perfectly well that the best guarantee for its
existence and development as a sovereign,
independent nation lies in its will to unity, its
determination to resist and conquer any threat or
attack, it is sincerely grateful for the support and
solidarity shown by the international community.
Such support, as well as serving as moral, ethical
and justified encouragement, shows that the battle
it is waging today has universal importance and
moves us all forward towards that common goal of
building a better world, which is not only possible
but essential if humanity is to survive.
This report devotes a long
chapter to the new measures announced May 6 and to
the regulations for applying these which were
released on 16 June. It does this because of the
great importance these have in making the blockade
worse. Similarly, in six other chapters it provides
a set of examples which irrefutably prove that the
blockade is a monstrous creation which grievously
affects the day-to-day lives of the people of Cuba.
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