Subcommittee Hearing: Deplorable Human Rights Violations in Cuba and Venezuela

On November 6, 2015, the House Committee on Foreign Affairs held a Subcommittee Hearing titled: Deplorable Human Rights Violations in Cuba and Venezuela led by South Carolina Representative Jeff Duncan.

Testimony was heard from two panels, with Panel 1 containing witnesses on Cuba and Panel II made of witnesses on Venezuela. 

Below is a summary of talking points from witnesses testifying on human rights violations in Cuba. 

Remarks by Antonio Rodiles – Cuban Dissident

Mr. Rodiles is the Director of State de SATS, a forum created in 2010 by a group of young artists, intellectuals and professionals that aim to encourage debate about social, cultural and political issues in Cuba. He is also a coordinator of Forum of Rights and Freedoms in Cuba. Rodiles discussed the Castro regime and the ongoing alliance between Russia and Iran, which continues to protect “neo-castroism”. He explained that the communist regime will adapt to the international community in order to stay alive, even if they “must pretend to be free marketers.” Citing the increase in human trafficking in Cuba and other repressive actions by the Cuban government Mr. Rodiles concluded that President Obama’s policy has given legitimacy and additional resources to a regime that will continue to adapt.

Remarks by Sylvia G. Iriondo – President of Mothers and Women Against Repression (MAR por Cuba)

Ms. Iriondo spoke of the open communication between the Obama Administration and Castro Regime, with negotiations for normalization beginning more than two years ago in secret talks which led to the December 17th announcement. She cites multiple human rights violations that have continued despite the concessions Obama has made to the Castro government. Specifically, returning Cuban spies involved in violent crimes, taking Cuba off of the US list of Sponsors of Terrorism while many fugitives wanted by the FBI are welcomed in Cuba. She goes on to discuss the political and social repression that was violently unleashed by the Castro regime before and after the visit of Pope Francis, including the repeated beatings and harrassment of the Ladies in White, who peacefully demonstrate their desire for religious freedom. Ms. Iriondo also discusses the increase in arbitrary political detentions. She concludes that the Obama policy has only emboldedned and enabled the Castro regime.

Remarks by Presbyter Mario Felix Lleonart Barroso – Pastor at Ebenezer Baptist Church in Villa Clara, Cuba

Reverend Barroso’s testimony focused on the violent actions taken by the Castro government in preventing the expression of religion throughout the island. Despite claims of “religious freedom” the Cuban regime continues to trample on the countries religious rights citing personal experiences that he and his family have been subjected to. Reverend Barroso has been blocked from traveling to urban communities, denied attempts to study Theology, arrested on numerous occasions for no legitimate reason, been placed under a “house arrest” and all attempts of travel outside of the country have been made incredibly difficult with the few occasions resulting in unnecessary search and seizure upon return. Members of his church have also been threatened, coerced, and blackmailed. The Cuban government continues to deny the church the required work permits to fix damages to the church facility. He also explains that his family has had numerous property items confiscated as well as being subjected to cell phone interference by the Castro regime.

 For full testimony and further hearing information, please visit the following website.

Despite White House Opening, Exports to Cuba Continue to Drop

In an article published in the Miami Herald, US agricultural food exports to Cuba are discussed as the United States works to open trade with the Island. Recent reports have shown a large decrease in exports from the Agricultural sector to Cuba in spite of the ongoing efforts to normalize relations with Cuba.

 Exports of Food and agricultural products to Cuba were authorized under a 2000 trade law. According to data taken from the US-Cuba Trade and Economic Council, exports this year have dropped despite the new efforts by the Obama administration to normalize relations. Taking a look at the numbers, in August 2014, the value of food and agriculture exports to Cuba were approximately $14.4 million, those same exports in August of 2015 only valued around $2.3 million.

Jason Poblete, an international regulatory lawyer with Poblete Tamargo, LLP comments on these numbers in relation to overall diplomatic efforts between the two nations.

“The concessions made by the president were significant — and yet you don’t see any evidence of Cuba reforming their economy or addressing US concerns such as certified claims or human rights,” said Poblete. “My sense is that nothing that has happened this year is going to move the needle in any appreciable way. They’re playing a political game of chicken, hoping Congress will ease sanctions, especially the credit prohibitions.”

 For the complete article go here

US Not Updating Asset Claim Against Cuba Even as Trade Beckons

In a recent article published by Bloomberg BNA, author Lenore Adkins discusses the current status of certified claim holders against Cuba. 

The majority of claims that were certified by the Foreign Claims Settlement Commission (“FCSC”) were from the 1960s and 1970s following the takeover and nationalization of Cuba by the Castro regime. The FCSC, which concluded the first Cuba Claims program in 1972, no longer has the authority to update claimant information. Over the years, ownership to the vast majority of certified claims has changed hands as original claimants have passed and companies have come and gone.

Former FCSC chairman, and attorney with Poblete Tamargo, LLP, Mauricio Tamargo, discussed the out of date information as a possible complicaiton to payouts if the government receives the monetary funds to disburse.

 “When a company splits or merges with others, it is up to the proper party to submet new information about claim ownership,” said Tamargo.

Tamargo explains that in the majority of the claims, the current rights holders aren’t known, which is why he has been advocating for Congress or the Secretary of State to authorize a limited program for the commission to update the certified claim holder successor as the current claim holder.

“The whole system is not desigend to go 55 years unpaid,” Tamargo said.

Tamargo also argues that the Cuban government should pay the claims in full, including interest, as officials could borrow money now in anticipation of Congress lifiting the embargo and use it to pay off the debt.

“They have quite a bit of commerce going on. If you factor in that the total settlement agreement will include lifting the embargo, as it surely will, then one can anticipate that the Cubans are going to have a lot of revenue.”

 

The complete article can be found here

UK NGO: Cuba Pastor Continues to Fight Property Expropriation

Chrisitan Solidarity Worldwide (CSW), a UK-based NGO with offices in the United States, published an update on an ongoing effort to help Cuban families stay in their homes and worship free from government intereference:

Two years after government orchestrated mobs to target his home, Reverend Yiorvis Bravo is renewing his call to the Cuban government to recognise his ownership of the property, which also serves as the headquarters of his denomination. 

Reverend Bravo Denis has been fighting for two years for his right to be recognised as the legal owner of his home, which also acts as the national headquarters of the Apostolic Movement, a Protestant denomination which the government refuses to register. He and his family face the threat of eviction at any time. This week Reverend Bravo Denis told Christian Solidarity Worldwide that state security officers continue to harass his friends and members of the church because of their connection to him, while his family has expressed concern at recent unexplained damage to the front of the home.

The law firm Poblete Tamargo, which represents Reverend Bravo Denis, told CSW that they are concerned at the length of time the IAHRC is taking. “While our client’s rights continue to be trampled by the communist government of Cuba, the Commission is taking an unusually long time reviewing this case. Our client hopes that the Commission, and other interested parties in Washington DC, will be a little more proactive,” said lawyer Jason Poblete.

Read the entire CSW post here.

Cuba Advocacy Efforts Increase on Capitol Hill

The Cuba Standard newsletter recently posted a story about an increase in lobbying efforts on Capitol Hill related to US-Cuba matters. The article details how the changing relationship between the United States and Cuba has prompted companies to add US-Cuba policy to their advocacy portfolios.

Mauricio Tamargo, attorney with Poblete Tamargo LLP, was interviewed by the Cuba Standard for the story on the question of claims pending against the government of Cuba:

“There is a game afoot,” Tamargo said. “For the first time in 55 years, the two countries are actually discussing claims.”

As a former Chairman of the Justice Departments’ Foreign Claims Settlement Commission, Tamargo explains that under the US law, claims should be resolved before US sanctions are eased.

The complete Cuba Standard article can be found here (subscription may be required).