Articles, Opinions, and Papers

May 2011
HAVANA — Independent Cuban transportation workers are joining unions as part of a sweeping economic overhaul that’s allowing increased private-sector activity.
November 2010
Cuban President Raul Castro urged union leaders to explain the need for massive layoffs to the country's labor force, and warned them not to hide the deep economic problems facing the cash-strapped island.
August 2009

Group Blasts Cuba for Arresting Participants in Documentary

August 7, 2009

Latin American Herald Tribune

WASHINGTON – The Cuba Study Group has condemned the Havana government’s arrest of four labor activists featured in the documentary “Under Cuban Skies – Workers and Their Rights.” The activists “were unjustly detained, interrogated and harassed as a result of their participation” in the film, the Washington-based CSG said in a statement. “These repressive tactics on independent labor activists expressing their opinions in the film is unjust and unwarranted,” CSG executive director Tomas Bilbao said. “The Cuban government’s actions serve as further evidence of its continued systematic violation of labor rights as shown in the documentary.” On Monday, Maria Elena Mir Marrero, Justo J. Sanchez, Hanoi Oliva and Daniel Sabatier were ordered to report the following day to the offices of the National Revolutionary Police in the Havana suburb of Guanabo. Once in police custody, they were interrogated, “subjected to degrading treatment, and threatened prior to their release,” the CSG said. The CSG said the activists’ participation in the documentary on working conditions in Cuba is seen as a challenge to the island’s only legal union, a body controlled by the communist government. “The interrogating agents threatened the activists to cease their activities or face further harassment and physical harm,” the Cuba Study Group said. The labor documentary was screened last month at the annual conference of the Association for the Study of the Cuban Economy. Filmmaker Carlos Montaner says he made the documentary to highlight the “systematic violation of human and labor rights” in Cuba. “It covers a not very well-known aspect of the situation of labor rights that is peculiarly different from most of the world because the government is the employment agency and the union represents the official party. There is no collective bargaining and many international agreements are being violated,” he told Efe. EFE .

Activists feature in labor film detained

August 6, 2009

Frances Robles, Miami Herald

Four Cuban labor activists who were featured in a documentary that debuted last week in Miami were summoned by the Cuban National Police and threatened, stateside supporters said. "Under the Cuban Skies' is a 29-minute movie filmed in Cuba about the lack of labor rights and low salaries in Cuba, which aired a week ago at the Association for the Study of the Cuban Economy onference in downtown Miami. Four days later in Havana, activists Maria Elena Mir Marrero, Justo J. Sanchez, Hanoi Oliva and Daniel Sabatier, who were featured in the film, were summoned and threatened, said Cuba Study Group executive director Tomas Bilbao. The Cuba Study Group hosted the premier. In the film, which was produced by retired InterAmerican Development Bank economist George Plinio Montalvan, the four discussed racial and political discrimination at the workplace, low salaries and the lack of right to organize. The movie was directed by Carlos Montaner - son of the Spain-based writer who is a regular commentator for the Miami Herald. "They reported to police on Tuesday and were interrogated, fingerprinted had DNA samples and photos taken and were degraded,' Bilbao said. "They were told that if they continue these activities, they would be subject to detention or more physical harm.' Documentary Trailer:http://tiny.cc/TrailerUCS .
July 2009
MIAMI – The Cuban Revolution was built in part on the basis of protecting workers and 50 years later “it has created the 21st century slave” who has no right to collective bargaining, independent union members complained in a documentary to be shown Thursday in Miami. The film “Under Cuban Skies – Workers and Their Rights,” directed by Carlos Montaner, will be shown at the 19th conference of the Association for the Study of the Cuban Economy. Montaner presents testimonies of workers, independent union members and journalists about what he calls the “systematic violation of human and labor rights” by Cuba’s communist government. “It covers a not very well-known aspect of the situation of labor rights that is peculiarly different from most of the world because the government is the employment agency and the union represents the official party. There is no collective bargaining and many international agreements are being violated,” the filmmaker told Efe. To show the labor reality in Cuba, Montaner sent teams to the island and conducted clandestine interviews with people in June and July 2008. Most of the testimonies are from Cubans employed in hotels and to show the “sharp contract” in labor conditions, the teams also interviewed workers from the same hotel chains in Spain, Mexico, Miami and the Dominican Republic. Emilio Jerez, of the illegal National Independent Workers Confederation of Guanabo, said in the documentary that in Cuba people never see a notice offering jobs in hotels, a “privileged” sector, because the government wants to assign those jobs. “To hire someone, the negotiations are done by the same people with the foreign investor and the qualified person is the one who’s a member of the (Communist) party, the one who’s part of Cuban Youth and the internationalist,” Jerez said. In Cuba, obtaining a job or a promotion “is heavily based on loyalty to the party,” Montaner said. “Cubans should have the right to decide how they want to handle their working fate and not depend on a central government,” said the son of Cuban writer Carlos Alberto Montaner. But because the government is the only employer on the island, the situation “is open to abuses and discrimination against workers,” said George Plinio, the documentary’s executive producer. Plinio, an economic expert on the Cuban labor situation, said that the government confiscates 97 percent of the salary paid by foreign investors to the workers in hotels and in the exploration and production of nickel. “The investor pays the government about 500 euros ($704) per worker per month and the government, in turn, turns over less than $20 to the employee,” he said. The International Labor Organization determined from this situation that the Cuban government “is violating the agreements related to job protection and the prohibition of job discrimination, and that is what we denounce in the documentary,” Plinio said. Tomas Bilbao, the executive director of the Cuba Study Group, emphasized to Efe that the documentary allows viewers to hear the Cuban workers themselves talk about “the violations that are going on.” “The Cuban Revolution has always tried to base itself on the protection of the Cuban worker, which this documentary demonstrates ... is a farce. What it has done is create a 21st century slave, as an independent union member says in the film,” he said. The documentary will be distributed in Cuba, in countries of the European Union and in Latin America. EFE.

21st Century Slaves: Cuba and Obama's Hope

July 27, 2009

Huffington Post- Luis Carlos Montaner,

"THE Revolution has abandoned its principles, if it ever had them, of building a more just society, and has condemned Cubans to a fierce fight for their lives at the most primitive level -- obtaining food." --Vicente Botín, Los funerales de Castro (Castro's Funeral). President Obama recently removed restrictions on travel and remittances to Cuba by Cuban-Americans. U.S.- Cuba discussions have begun on other issues such as immigration. Congressional initiatives to relax further or to eliminate the U.S. embargo entirely have been announced for Fall 2009, including expanding the right to travel to Cuba by all U.S. citizens. The business sector has long advocated an end to the embargo, and there is considerable interest on the part of U.S. investors to begin operations on the island, as well as offshore. However, here's the rub: the current Cuban labor system is in violation of internationally recognized human and labor rights. The Cuban government believes that because of increasing domestic and international pressures, the U.S. will be forced to lift the embargo unilaterally, without concessions of any kind by Cuba. At the very least, then, investors from the U.S. and other countries will need to consider precedents such as the Unocal and Curaçao Drydock ruling under the Alien Tort Claims Act (ATCA) of 1789, whereby federal "district courts have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a Treaty of the United States." Courts hearing cases brought under ATCA have interpreted the statute to grant U.S. courts jurisdiction over tortuous acts that occur anywhere in the world, provided that those acts violate international law. The ATCA is also called the Alien Tort Statute, a 1789 law that, "...allowed non-U.S. citizens to seek redress in American courts for torts considered violations of the law of nations: piracy, attacks on ambassadors and the right of safe passage." In October 2008, a court entered the first corporate ATCA judgment -- $80 million to three Cuban workers trafficked to work in the nation of Curaçao for a Dutch dry dock company. According to the law firm, Grossman Roth, P.A., the landmark case was "the first time a U.S. Court has held a company doing business with Cuba liable for forced labor and human rights abuses committed in concert with the Cuban state." Alberto Rodriguez-Licea, one of the plaintiffs who spoke on behalf of the three, said, "We hope that today's historic judgment means that no Cuban worker will ever have to suffer the same humiliation and inhumane treatment that we experienced. We are overwhelmed by the generosity of so many people who have worked very hard to help bring our oppressors to justice." In Cuba, not only is the labor market a disaster, the whole economy is currently in the throes of a severe crisis. The national GDP, overly reliant upon nickel, remittances, tourism and Venezuelan foreign aid, has been battered by the worldwide financial recession. In addition, two devastating hurricanes in 2008 wreaked widespread damage upon the island nation. However, in the midst of this crisis, if the Cuban government wishes to take advantage of opportunities offered through the lifting of the embargo, it will be forced to undertake profound reforms, at least encompassing its labor practices. At virtually the same time, changes in leadership in Cuba in 2008 and in the United States in 2009, foretell a "new beginning" in U.S-Cuba relations which could eventually lead to greater respect for human and labor rights as well as to sustainable economic development in Cuba. In addition, each year of late, Americans report diminishing domestic support for the U.S. embargo on Cuba. Two years ago this week, the "new leader" of Cuba, Raúl Castro, urged Cuban citizens to debate openly their nation's problems. Hopeful Cubans took him up on his offer. A growing number of journalists, labor leaders, as well as founders of independent libraries, pressed their demands for freedom and an end to the government's suffocating monopoly over virtually every aspect of life. The government ordered a token relaxation of its restrictions by granting Cubans the right to purchase electric items such as microwaves, cell phones, and computers, and for the first time the right to patronize modern hotels. Until now, all of the above were inaccessible to ordinary Cubans and reserved only for tourists. The relaxation of limitations on computer and cell phone use has resulted, predictably, in a rise in the number of dissident Cuban bloggers. The world renowned Yoani Sánchez, who blogs as Generación Y, has led the clarion call for labor reform and liberty in Cuba: "I arrived at this medicine that would 'cure a horse' after verifying that the Internet was the only opening through which an alternative, critical and inconvenient opinion could 'jump the fence' of censorship in Cuba. The examples around me of those thrown out, isolated, and incarcerated warned me that differences of opinion continue to be penalized. But the inquisitors grow older and their methods do not develop at the same speed as technology. So, there was the Internet, still without laws to prevent the posting of opinions, like an unregulated zone, a crack that opened up in the wall." Cuban dissidents have been calling attention to the problem since the mid-1990s, but even now it seems to have gotten very little attention in the business community or in the U.S. Congress. On a trip to Cuba I took a few weeks ago, I witnessed the well-known Cuban dissidents "Las Damas de Blanco" (The Ladies in White) marching down Fifth Avenue in Havana after Sunday Mass. In what has traditionally been a silent protest of the unjust incarceration of their loved ones and the lack of fundamental freedoms in Cuba turned vocal. "Libertad! Libertad! Libertad!" shouted the ladies in unison as they stood abreast of one another with raised flowers and impassioned voices. Other potential witnesses in any labor dispute are the Cuban doctors who have defected from Cuba during their internationalist missions in Venezuela and in other countries. Awareness must be raised in the international community as to how the expectations of thoughtful, courageous and "independent" Cubans can help the U.S. and other countries arrive at a new, respectful relationship with Cuba - a relationship based on greater freedom for the Cuban people and on a realistic agenda for meaningful and sustainable development. Today, the interests of international business, the U.S. government, and the Cuban populace coalesce around a single ideal: labor reform in Cuba. The Obama administration and the United Nations have a fleeting opportunity to embrace and encourage greater awareness of human and labor rights in Cuba and pave the way for meaningful change on the island only ninety miles from our shores. They must seize that opportunity now. Luis Carlos Montalván is a member of the Council for Emerging National Security Affairs (CENSA) and consulted on the forthcoming documentary film, "Under Cuban Skies - Workers and their Rights." .

Cubans get official OK for multiple jobs

July 1, 2009

AP, Miami Herald

HAVANA -- Cuba is letting workers hold multiple government jobs for the first time under an overhaul of the island's labor system. A note published in state media Monday and Tuesday says the permission was granted under a decree passed by the island's governing councils of state and ministers headed by President Raul Castro. The decree itself has not been published. The measure seems aimed at filling necessary positions in a shrinking work force, and giving Cubans the chance to increase their income in a country where the average monthly salary is about $20. It also seems designed to prevent Cubans from engaging in non-sanctioned activities to earn money - a common practice here. Although most Cubans do not pay for housing and receive free health care and education and highly subsidized utilities, transportation and basic food basket, they complain the government salaries do not provide enough for many essential items. Many Cubans already engage in various illegal jobs to make ends meet, such as the sale of goods stolen from government workplaces and warehouses, or providing unlicensed services. The official note says that the decision to let Cubans hold multiple jobs is tied in part "to the effects of an aging population" and designed to "stimulate work throughout society, as well as the possibility that workers can increase their income." It adds that the decree will allow Cubans to obtain labor rights and retirement benefits only with jobs that are "legally established." .
January 2009

Workers gain as Cuba shifts gears

January 9, 2009

Financial Times- Marc Frank

Fifty years ago, Fidel Castro swept into Cuba’s capital on January 8, promising to establish a socialist state that would promote collectivism over individualism. But the anniversary celebrations, which culminated in an evening rally in Havana on Thursday, have put less emphasis on social spending and more on rewarding individual labour, as Cuba under the leadership of Fidel Castro’s younger brother Raúl moves away from its decades-old commitment to communism. In a series of speeches and interviews dedicated to the anniversary, President Raúl Castro hammered away at the theme that workers did not appreciate many government benefits – with the exception of free health, education and subsidised culture – and should be given higher wages instead. “It is well known that the vast majority of people do not appreciate a gratuity or generally high subsidies of goods and services as part of the return for their labour, for which they look only at wages,” he told parliament on December 27. In the same speech, he said subsidised vacations at tourism resorts were being scrapped, along with 50 per cent of government travel abroad and other unnamed gratuities. Many Cubans applaud the new policy but worry that wages will not rise as quick- ly as gratuities disappear. Cuba has had a second world war-style food ration system since the revolution. Public transport and utilities are heavily subsidised, as are many workplace rewards, even though an economic crisis following the Soviet collapse, combined with remittances sent by relatives from abroad, have long since undermined income equality. “Why, after working 24 years, is my ration the same as people who have never worked?” asked Nancy Artigas, a Havana resident. “What’s more, their rights and benefits are the same as mine. That doesn’t seem fair – nor is it a way to get people to work.” Although 85 per cent of workers receive no hard currency from their jobs, an estimated 40 per cent of the population receives some money from abroad. Cuba reports annual per capita income, including gratuities and subsidies, as being $6,000 (€4,380, £3,960), although the average yearly wage is the peso equivalent of only $240 at the official exchange rate. After taking over from his ailing brother Fidel last February, Raúl Castro has freed up sales of computers, mobile phones and other consumer goods and lifted caps on wages and on what farmers may earn. Cuba is struggling with mounting deficits, low productivity and the need to import 70 per cent of its food. In an interview carried by the official media to mark the anniversary of the revolution, Mr Castro said wages should reflect the real value of one’s work, and that those who did not work should feel economic pressure to do so. “If we do not take measures to ensure people feel the necessity of working to satisfy their needs, we will not get out of the hole we are in, and we are going to get out of it,” he said. Cuba’s trade and budget deficits soared and its current account balance deteriorated in 2008, despite a 4.3 per cent increase in gross domestic product – casting a pall over the anniversary celebrations that wound up in Havana on Thursday. In recent years, the country has helped to pay for its trade deficit through revenue from tourism and from services exports – mainly for health and education to its oil-rich ally Venezuela, which now faces a big drop in oil revenues. Tourism and services revenues did increase last year, but not by enough to compensate..
November 2008

US case highlights Cuban 'slaves' in Curaçao

November 18, 2008

Colin Woodard Christian Science Monitor,

WILLEMSTAD, NETHERLANDS ANTILLES - Olivia Ocampo well remembers the night the two Cuban workers came to her house in January 2005. Exhausted and afraid, they had escaped from the premises of the nearby Curaçao Drydock Company, where they said they and some 100 other Cubans had been forced to work 112 hours a week fixing ships for three cents an hour. Ms. Ocampo approached the police and government authorities in Willemstad, the capital of the Netherlands Antilles, a Dutch dependency in the southern Caribbean, but "they just wanted to push all the trash under the carpet and say that everything is fine," she said. But last month, a federal judge in Miami ordered the shipyard to pay the workers and one of their colleagues a total of $80 million in damages, after finding it had conspired with the government of Cuba to force them into what was, in effect, slave labor. The case has focused a spotlight on the shadowy corners of the global economy, where capital moves freely across borders and laborers are sometimes forced to follow in bondage. While most cases involve abuses committed in developing nations with poor human rights records, this took place within the Kingdom of the Netherlands, home to the International Court of Justice and the International Criminal Court. "These types of violations are not out of the ordinary for the Cuban government," says Tomas Bilbao of the Cuba Study Group in Washington, which helped the workers bring their suit. "What's surprising is that it happened in a dependency of the Netherlands, a country known for its interest in human rights." The three men testified that they had been sent to Curaçao to work off Cuba's multimillion-dollar debt to the Curaçao Drydock Company, a private company whose largest shareholder is the government of the Netherlands Antilles. Their passports were seized at the airport and they were rarely allowed to leave the shipyard complex, and only in groups with a minder. They typically worked 15 days in a row and when off-duty had to watch Fidel Castro's videotaped speeches. Working conditions were perilous, they testified. One of the men, Fernando Alonso, burned his hand while welding steel without proper safety gear. Another, Alberto Rodriguez-Licea, broke his foot and ankle when a rope he was dangling from snapped. The third, Luis Casanova, was ordered to work in water and says he was shocked so severely that electricity shot from his tongue. "They faced the worst choice you can imagine: to continue being slaves not knowing if they would live or die because they were being treated so badly or to try to escape, knowing that even if they were successful it would be horrific for their families in Cuba," says Miami-based attorney Seth Miles, who represented the men. "Their kids have been kicked out of school, their relatives have lost their jobs, and neighborhood gangs harass their families." Mr. Castro's nephew, Manuel Bequer, was a senior manager of the shipyard at the time. He is still listed as the production manager on the company's website. The company has denied many of the allegations, though they admitted that the Cuban workers' passports were seized and that their unpaid wages were deducted from the debt Havana owed the company. After failing to get the case thrown out on technical grounds, the firm fired their attorneys and abandoned the case. Reached by telephone on Oct. 20 and informed of the judge's ruling, company spokesman Lennox Rhodes said to "call in an hour" for comment. He did not subsequently answer his telephone or respond to frequent phone and e-mail messages. The company has also refused to respond to local media requests, according to Mike Willemse, editor of the Antilliaans Dagblad newspaper. "We understand that they will in no way pay the [damages] because they don't have it," he said. "It's simply not there." A spokesperson for the Netherlands Ministry of Kingdom Affairs, Mireille Beentjes, said her government "has been concerned about the labor circumstances" at the shipyard and had "on several occasions expressed these concerns" to the Netherlands Antilles government. Mr. Alonso and Mr. Casanova eventually received visas to seek justice in US courts. All three escapees now live in Tampa, Fla. Theirs is one of dozens of human rights cases tried in recent years under the Alien Tort Claims Act, which allows foreign citizens to sue foreign officials and companies in US courts for serious violations of international law. If the Curaçao Drydock Company ignores the judgment, they will find it hard to do business with US firms or the Miami-based cruise ship lines, Mr. Miles says. "Good corporate citizens generally don't do business with bad actors," he says. "They would not want to be associated with a company that not only employs slave labor, but ignores US court judgments.".

Cuba won't let our kids leave, medical workers say

November 18, 2008

Frances Robles and Casey Woods, Miami Herald

Inside her bedroom on Cuba's Isle of Youth, 7-year-old Daviana González prays to be reunited with her mother after more than five years, relatives say. In Camagüey, Marta Daniela Batista, another little girl separated from her parents, is said to suffer from mental health problems. The girls are children of Cuban medical professionals living in Miami who deserted their posts in various nations where the Cuban government sent them to help spread ideology and earn income for their cash-starved homeland. But the price for desertion was higher than the families believed possible: The Cuban government is denying the little ones permission to leave, even though they have U.S. visas that would allow them to come here. 'Marta isn't to blame for what her parents did, and yet they punish her,' said her mother, Melvis Mesa, 42. ``She's just a child, and children have a right to be with their parents. What the Cuban government is doing is a terrible abuse.' Mesa and Daviana's mother -- Yaisis González -- are among more than a dozen Cuban health workers working with the Cuban American National Foundation, or CANF, on a campaign to get their children back. CANF representatives plan to file complaints against the Cuban government with international organizations, such as the Organization of American States' Inter-American Commission on Human Rights and the United Nations. A press conference is planned for Tuesday morning to call for other Cuban medical professionals in the same situation to come forward and join their cause. The Cuban government is 'holding the children hostage' to punish those who leave official missions, López said. AFRAID TO SPEAK OUT Many Cuban medical professionals who have deserted their posts over the years and are struggling to be reunited with their children have remained silent until now in fear that speaking out would further jeopardize their children's release. 'It's the normal mindset to stay quiet. But after a while, when they realize they're not getting anywhere with that attitude, they figure if they make a lot of noise, they might get results,' said Omar López, CANF's human rights director. ``With the Cuban government, contrary to what most people believe, the more you talk, the more chance you have of getting results.' González, 34, is a nurse who came to Miami in January 2007 after working three years in Qatar. She compared her separation from her daughter Daviana to the 1999-2000 case involving Elián González [no relation], the Cuban migrant boy returned to his father despite a protracted attempt by his extended family in Miami to prevent it. 'It's basic human right that parents should be with their children,' she said. ``My child is my child.' A 2005 report by Human Rights Watch said the Cuban government regularly denies exit visas to medical professionals, children of defectors and relatives of Cubans living abroad legally. Cuba uses the exit visas as a tool for revenge against the disloyal and as leverage to force the return of Cubans who have government permission to live abroad temporarily, the report said. The report blasted both Cuba and Washington for violating people's ``freedom of movement.' Experts say taking the issue to an international court would be at best a legal long shot, but would be worth it -- if just for sometimes helpful international publicity. `MORAL FORCE' 'There's tremendous symbolic value in proceeding before international tribunals, because of the moral force that such proceedings can create,' said former U.S. Attorney Kendall Coffey, who was part of the legal team that represented the Miami family in the Elián case. 'And moral force combined with consensus of support throughout the hemisphere could be meaningful, but ultimately it would be a verdict that could not be enforced by a judge's gavel,' Coffey said. ``Ultimately the question is: What tribunal can enforce an order against the Castro government if the Castro government refuses to comply?' José Cohen, a former Cuban intelligence agent who in 1994 began his fight to get his three children off the island, said he went to Geneva, to U.S. members of Congress opposed to the embargo and everywhere else he could think of, to no avail. 'I never took it to an international court, because I did not have the money, and Cuba does not respect international laws anyway,' said Cohen, who now lives in Miami Beach. ``But at least it's a public denouncement. They should do it. They should struggle every way they can.' Cohen's youngest son still lives in Cuba; his daughters, now 20 and 24, left the island on a fast boat to Mexico this year and now live in Miami. González said she has learned to parent by phone. Her daughter lives with her grandmother on the Isle of Youth. 'She already thinks she's a little woman,' González said, adding that Daviana often asks for shoes and stylish tops as gifts from the United States. In their daily conversations, Daviana recites math equations -- 'two-plus-two-equals-four!' -- and reads passages out of her text books to show her mother the progress she's making in class. 'She does it to show me that she deserves all the gifts she's asking for,' said González. ``Anything she asks me for, I give her, because it's the only thing I can do for her.' Mesa, 42, often weeps when she speaks of her daughter in Camagüey. PHYSICAL THERAPISTS Mesa and her husband, both physical therapists, said the couple deserted from a medical mission in Venezuela last March and came to the United States through Colombia a short time later. Doctors in Cuba say their daughter Marta's mental health is suffering because of the separation from her parents. Sensitive and intelligent -- she's at the top of her elementary class -- Marta cries constantly for her family. 'Sometimes it's hard to even speak on the phone, because she says over and over, `Mama, when are we going to be together?' ' Mesa said. ``It tears up your heart.'.
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