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RESEARCH REPORT
OFFICE OF THE UNITED NATIONS HIGH
COMMISSIONER FOR HUMAN RIGHTS (OHCHR)
REMOVING POLITICAL AND CIVIL
RESTRICTIONS ON CUBAN PEOPLE IN
ACCORDANCE WITH THE UDHR.
KEREM ULCAY
MUNDP 2017 – Commitment to Development – Research Report
Committee: OHCHR
Agenda Item: Removing political and civil restrictions on Cuban people in accordance with the
UDHR.
Student Officer & Role: Kerem Ulcay- Deputy President
Basic Overview of the Issue
Cuba is one of the last castles of Communism, a political agenda which had its zenith during
the post-World War 2 and until the late 20th century and started to be demolished by the downfall of
the Soviet Union.
Cuba however, continues to hold on to its revolutionist spirit. Until the recent death of their
revolutionist leader, Fidel Castro, the regime was continuing with the people who had actually been in
the revolution. First, with Castro leaving the power to his successor, followed by his death, the wind of
change now blows stronger than ever in this island in the West Indies.
The relations of Cuba with the USA which has been tense for the past couple of decades started
to get normalized, and recently the embargo implemented by this Mega-Power was also disembarked.
This allowed the Cuban traders to freely meet with the global market once again. It is clear that this
first level of changes will be continued in a certain time interval, yet, “how” this will be made still
remains to be question.
As the nation is getting re-formulated, a lot of international accreditations are now should be
met. The government’s policies should be reformed based on the principles that are suggested by the
Universal Declaration of Human Rights and the general expectancies of the states hereby mentioned
as the Western Powers.
Explanation of Important Terms
Universal Declaration of Human Rights (UDHR)
This declaration is defined in their official website as: “The Universal Declaration of Human
Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives
with different legal and cultural backgrounds from all regions of the world, the Declaration was
proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General
Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations. It
sets out, for the first time, fundamental human rights to be universally protected and it has been
translated into over 500 languages.”(un.org) It is essentially functioning as the fundamental laws that
every nation in the world abides to. Since its establishment however, there has been numerous cases
where these fundamental laws were disregarded, resulting in crimes against humanity. Most of the
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times, due to the inadequacy of the law and enforcement rights given to ICJ, ICC and the UN, these
crimes were not faced with sentences that could be compared with the damage that they had caused.
Communism
Communism is defined as “a theory or system of social organization based on the holding of
all property in common, actual ownership being ascribed to the community as a whole or to the
state.”(dictionary.com) In this system, theoretically, the equality in the distribution of income would be
resulting in a more prosper nation, in which essential services would be provided by the government
in a powerful manner. For example, during the Soviet Union period, the education in the Union was
renowned for its advanced state compared to other western countries. However, this does not put
shadows over the fact that malnutrition of people, abuse of the system in bureaucracy, and highly
authoritative ruling party were common in these communist states.
Planned Economy
Planned economy is a economic system in which the government controls and regulates production,
distribution, prices, etc (dictionary.com). This partially is the system that has been implemented in
Cuba for the past couple of decades. In this market structure however, the fundamental problem was
the embargo that was implemented on Cuba by a country like USA which has dozens of other
countries in its sphere of influence. Consequently, Cuba lacked fundamental means of production.
These include, cars, tractors, agricultural chemicals and many other products that were being produced
in Cuba.
Free market economy
Free market economy is a capitalistic economic system in which there is free competition and prices
are determined by the interaction of supply and demand (dictionary.com). The major defendants of this
system are the post-colonist nations. New Zealand, Singapore and Hong Kong are named as the
countries that are closest to this economic model. It is however, considered by many as inhumane,
since it is extremely individual-oriented and it does not factor in, for example, the people who cannot
afford to have certain medical treatment.
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Mixed economy
Mixed economy is an economy in which there are elements of both public and private enterprise
(dictionary.com). This is the system that nations have a global confirmation upon. Most of the cases,
for actions that will be considered socialistic, nations create funds to make investments. Today, Cuba
is trying to turn itself into this system to gain more welfare in its nation. However, Cuba still refuses to
be liege of any nation, making this process different for USA than it was with other nations. USA has
gone through this process with numerous other nations. All of these nations ended up with cultural
assimilation and globalization, the process of fitting a nation in to the norms set by USA. Cuba
however seems like it will show resistance.
Detailed Background of the Issue
According to the renowned western media, Cuba has been lacking to suffice the needs of
UDHR in numerous cases. According to these media organs, torturing its prisoners, arbitrarily
arresting, detentioning and exiling people, detention centre conditions, state of freedom of expression
and opinion, situation in freedom of association, grant of religious rights, freedom in movement,
judgement systems, granting children’s rights are the aspects that Cuba fails to suffice the needs of.
Children Rights
According to the UDHR, people at the age of 16 should be considered as children, thus, they
should not be joining the workforce, army or be punished the
same way as any adult would. In order to resolve this issue,
Human Rights Watch, urges Cuba to raise the age of maturity to
18 and not recruit them to army, avoid making them part of the
working force, and avoid judging them as they would do an adult
if they are younger than 18.
Cuba on the other hand, defends, people in their lands
grow up faster than people belonging to the Caucasian race
would. Thus, once they are 16, they are ready to be considered as
“The first victim of a child soldier is childhood.”
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adults. They defend that although all the nations are expected to comply to the laws of put forth by the
UDHR, these laws were presented by nations who are considered the mega powers of the world, and
they have not thought about the global conditions while setting up these laws. Thus, they are not
considering to change the children consideration age to 18.
Due Process Protections
Currently Cuba fails to provide conditions for a fair trial. Cuba lacks the means to have a fair
trial, since National Assembly assigns the judges, the Attorney General and the Deputy Attorney
General, in most the cases they tend to decide in favour of the ruling party. Also, the defence lawyers
are too, assigned by the government. They too tend to not question or challenge prosecutors and the
evidence presented by the state intelligence services. This results in political criminals to be
prosecuted heavily and most of the times in an unacceptable level according to the UDHR.
Cuba however has to take these measures to achieve common good in the nation. If they let to
have anti-propaganda against themselves, then the power and the authority will be questioned heavily.
This may lead the citizens to stop supporting the actions of the ruling faction and result in a civil
upheaval.
Freedom of Movement
In Cuba, people are required to take permits
to leave and enter the country back again. Cuba
aims to prevent migration outside the nation by
establishing a law in which people who illegally
leave the country or illegally entering the country
are prosecuted. By such law, they aim to avoid
people not to leave the country in the first place
and if they did so by leaving it illegally, then not
return back without any punishment.
A scene from a 1980s cult movie in which a Cuban is seeking
political refuge from USA, the land of free.
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Cuba fears primarily losing workforce which she desperately needs, and civil revolts as a result
of seeing the conditions in other countries, which do not have a political system similar to their own.
In contrast, countries like USA do not want to take these people as refugees as well. Especially after
the new policy adjustments of USA.
Religious Rights
In Cuba, as part of the communist agenda, religion is not a
value that is supported in a state wise manner. Judicially, laws in
Cuba indirectly aim to push people away from religious practices
and expressions. However, it is also factual that the right granted in
the issue of religion is setting a positive trend in the past decade.
Spanish conquistators and missionaries aimed to make the
population Roman Catholics as they too were. The protestant
population may be connected with the American influence that was
upon the population during the early 20th century. African practices
are the remains from the African ancestry of the population that was
forced to work in sugar plantations. For Cuba, it is crucial to show
that the religion is not an organ that could be limited or put sanctions
against and everyone should be free to practice their beliefs.
Currently according to their government policies, religion is seen as:
Religious demographics of Cuba. Nonreligious/ Atheist is the portion that the
government is aiming to achieve in the
population
“Religious suffering is, at one and the same time, the expression of real suffering and a protest against
real suffering. Religion is the sigh of the oppressed creature, the heart of a heartless world, and the
soul of soulless conditions. It is the opium of the people.” –Karl Marx
Freedom of Opinion
This is maybe the most important violation of the UDHR in Cuba. Any dissent against the
government is facing harsh punishments and this situation is highly against the human rights. On the
other hand however, these harsh penalties are not given with the sole intention of shutting the citizens.
Cuban officials have numerously dealt with USA and its intelligence agencies and prevented them
from fusing up fires of revolts in Cuba.
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They have for example, funded a
version of Twitter for Cubans use, which
was in a grey zone in terms of legality. The
project was marketed with the name
ZunZuneo and for the purpose of "Cuban
Spring". They were aiming to get young
Cubans to revolt against their government
however, recognizing the project was a
failure, the US government stopped
funding and the project came to end. With
The app ZunZuneo faced many protests once its true intentions were
learnt by the public
ZunZuneo, USA was also aiming to get a
database of Cubans with simple information about themselves, additionally to their political
tendencies. It is speculated that USA was also planning to choose rebellion leaders among the
ZunZuneo users, however, they have also failed to accomplish this goal. Consequently, as there are
many other dangers against the sovereignty of the nation, and USA is planning to continue on its
project which was started in the Arab World, Cuba is not completely wrong in blocking these type of
anti-propaganda which is unreliable.
Looking in the past, USA had done this before, in Turkey, where it had speculated that
Ataturk’s house in Thessaloniki, was burnt by Greek Nationalist and this resulted in a revolt in which
a lot of Greek people were robbed, their properties have been burnt and most importantly the relations
between Greeks and the Turkish was extremely strained. The US policies are no different today than it
was 50 years ago, thus avoiding their breach into Cuban news and politics might be the better option
to take.
Major Parties Involved
Reporters Without Borders
Reporters without Borders aim to preserve freedom of expression and information. They claim:
“Freedom of expression and of information will always be the world’s most important freedom. If
journalists were not free to report the facts, denounce abuses and alert the public, how would we resist
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the problem of children-soldiers, defend
women’s rights, or preserve our
environment? In some countries, torturers
stop their atrocious deeds as soon as they
are mentioned in the media. In others,
corrupt politicians abandon their illegal
habits when investigative journalists publish
compromising details about their activities.
Still elsewhere, massacres are prevented
when the international media focuses its
attention and cameras on events.” 1 They
‑
put effort on protecting press members and
their rights in order to continue publishing
news that will save people or enlighten
them and give them different perspectives
US-Cuba Relations
In the official website of the US Department of State the relationship between the states is summarized
briefly as it follows:
“At the height of the Cold War, and following the Cuban government's expropriation of U.S.
properties and its move toward adoption of a one-party system of government, the United States
imposed an embargo on Cuba in 1960 and broke diplomatic relations in 1961. On December 17, 2014,
President Obama announced a new chapter in U.S.-Cuba relations. A major step in this process was
reached on July 1, 2015, when President Obama announced the decision to re-establish diplomatic
relations between the United States and Cuba, effective July 20 with the re-opening of embassies in
both countries. President Obama’s trip to Cuba in March 2016 marked a historic milestone in the
normalization process between the United States and Cuba.
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U.S. policy toward Cuba is focused on supporting our values, such as freedom of speech and
assembly and the ability to access information, through engagement. The U.S. government is reaching
out to the Cuban people by fostering increased people-to-people exchanges, encouraging the
development of telecommunications and the internet, and creating opportunities for U.S. businesses to
support the growth of Cuba’s nascent private sector. Through the opening of embassies, the United
States is now able to engage more broadly across all sectors of Cuban society, including the
government, civil society, and the general public.”
This implies that the USA is persistently aiming to get Cuba under its control and establish it
as a mandate. This attitude might be lying in the fundamental discontent between these two nations.
The silent protests of the long-supressed peoples of the Central America could only be represented by
Castro protesting to shake Obama’s hand.
the Cubans and the attitude of USA while solving the inequities in Cuba, is not very solution-oriented
in this sense.
With this attitude, USA shows that they feel superior to the Cubans and harms their sense of
pride. Cuban people do not only represent their nation, but represent the concept of fully free, socialist
state model that has supporters all around the world. Such approach to Cubans will not provide
productive results for the both sides of this conflict.
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Chronology of Important Events
Date
Description of Event
1959
“Castro leads a 9,000-strong guerrilla
army into Havana, forcing Batista to
flee. Castro becomes prime minister,
his brother, Raul, becomes his deputy
and Guevara becomes third in
command.” (BBC)
1961
“Washington breaks off all diplomatic
relations with Havana.
The US sponsors an abortive invasion
by Cuban exiles at the Bay of Pigs;
Castro proclaims Cuba a communist
state and begins to ally it with the
USSR.” (BBC)
1972
“Cuba becomes a full member of the
Soviet-based Council for Mutual
Economic Assistance.” (BBC)
1980
“Around 125,000 Cubans, many of
them released convicts, flee to the
US.” (BBC)
2000
“US House of Representatives
approves the sale of food and
medicines to Cuba” (BBC)
2008
“Raul Castro takes over as president,
days after Fidel announces his
retirement.”
2012
“Pope Benedict visits, criticising the US
trade embargo on Cuba and calling for
greater rights on the island.” (BBC)
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2015
“In a surprise development, US
President Barack Obama and Cuba's
President Raul Castro announce
moves to normalise diplomatic
relations between the two countries,
severed for more than 50
years.” (BBC)
2017
“Washington ends a long-standing
policy which grants Cuban immigrants
the right to remain in the US without a
visa.” (BBC)
Relevant International Documents
Universal Declaration of Human Rights:
http://www.un.org/en/universal-declaration-human-rights/
A/RES/47/19:
http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/47/19&Lang=E
A/RES/48/16:
http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/48/16&Lang=E
A/RES/49/9
http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/49/9&Lang=E
A/RES/60/12
http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/60/12&Lang=E
Chair’s Note: I highly recommend you to read these documents to initiate the formation of your
resolution.
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Past Attempts to Resolve the Issue
The problem with the Cuban Crisis was that there was nearly no attempt to stop the
implementation of the embargo until recently. Although the UN numerously pressured USA for taking
action, there never was a tangible action taken to resolve this problem. Unlike how it is with the
Israelite Occupation of Palestine and the Cyprus Crisis, the UN accepted this problem as an axiom and
have not (in most of the cases) tried to achieve a solution.
In the instances that have tried, their proposals were not fitting to the case in hand. The UN
demanded too much at once and so did the USA. The embargo against Cuba, although lead them to
suffer, did not made them stop. As the USA tried harder to penetrate this resisting force against it, the
opposition against the USA increased within Cuba.
About the embargo on Cuba, Farsi representative, Gholamhossein Dehghani, had made a great
speech in the GA and this speech was paraphrased as “speaking on behalf of the Non-Aligned
Movement, said the Movement had always reiterated the call for the United States to put an end to its
unilateral economic, commercial and financial embargo against Cuba. The embargo was contrary to
international law, the United Nations Charter as well as the norms and principles governing peaceful
relations among States. The embargo had adversely impacted the well-being of the people of Cuba.
The United States had denied Cuba access to markets, development aid and technology transfers as
well as created impediments for Cuba’s socioeconomic development.
The embargo was also the main obstacle to broader access to the Internet, ideas, and the
development of cultural, sport and scientific relations, he said. The continuation of the embargo was
unjustifiable and ran counter to Cuba’s efforts to achieve sustainable development, and it encroached
on the legitimate rights and interests of Cuban nationals. Cuba’s role in the fight against Ebola was
evident in the large number of health care workers deployed from that country to West Africa. It was
further proof of the constructive role that Cuba played in international affairs.” by the United Nations
official documents.
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Solution Alternatives
As mentioned in detail throughout this report on how to approach a solution, a true integration
of Cuba to the Global Standards, one should not overlook the fact that Cuba, if the situation goes on
opposing their will, they might just turn-over the positive trend and continue as it did for longer than
50 years. Thus, although not a major power in any case, for a true solution, both parties should be
satisfied.
So, satisfying the needs of the UDHR should be the primary goal for Cuba, and while
attempting to resolve this issue, the rest of the world should too make some compromises in their
expectations.
Bibliography
"Cuba Timeline." BBC News. BBC, 14 Aug. 2012. Web. 21 Jan. 2017.
Infoplease. Infoplease, n.d. Web. 21 Jan. 2017.
Hoff, Rhoda, & Margaret Regler, eds. Uneasy Neighbors: Cuba and the United States (Franklin Watts,
1997) 185 pp. From Columbus to Castro
Rhodes, James Ford (1893). History of the United States from the Compromise of 1850, Vol. II: 1854–
1860. New York: Harper & Bros. OCLC 272963
Sáenz, Eduardo, and Rovner Russ Davidson, eds. The Cuban Connection: Drug Trafficking,
Smuggling, and Gambling in Cuba from the 1920s to the Revolution (U of North Carolina Press,
2008)
Hernández, Jose M. Cuba and the United States: Intervention and Militarism, 1868–1933 (2013)
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"General Assembly Demands End to Cuba Blockade for Twenty-Second Year As Speakers Voice
Concern over Impact on Third Countries". United Nations General Assembly, Department of Public
Information, News and Media Division, New York. 29 October 2013. Retrieved 21 January 2017.
"Business or Politics? What Trump Means for Cuba". The New York Times. 15 November 2016.
Retrieved 20 January 2017.
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