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Report of violations of the ILO's International Labor Standars by the government of Cuba Chapter II Complaints Against the Cuban Government by International Labor Organizations In March 2001 an article written by Renato Recio in "Trabajadores" the CTC's official workers newspaper provided another frontal attack against the independent labor movement of the island. Ideologically approved by the upper echelons of the Cuban Communist Party the writer attempts to connect the creation of these organizations to Miami based exiles and Washington D.C. by referring to the following. "The Chairman of the Cuban American National Foundation demands the U.S. government take an even more aggressive posture against Cuba, which should include taking actions against the labor movement of our country. It is in this manner that the Chairman proposed a cooperative program between the U.S. government and the AFL-CIO geared at teaching Cubans their labor rights as recognized by international workers" Far from the reality of the Cuban worker the writer reveals his lack of first hand knowledge of the independent labor movement of the island. The creation and support of the independent labor movement has occurred naturally from within the island without the help of external forces. The movement has in fact seen much solidarity from abroad although, not necessarily by those mentioned in the Article. The government and the CTC deny the right of workers to seek assistance, support and solidarity from international organizations that could lead to the creation and defense of another national Cuban labor unions. The CTC itself not only relied on the financial, political and material backing from the Soviet block for over 30 years, they have also helped to indoctrinate thousands of Latin American labor officials. Connecting the AFL-CIO to the CIA and Cuba's burgeoning labor movement is used by the government as a means of justifying the increased repression by State security forces against the leaders of the opposition's labor movement. The country's deepening economic, political and social crisis coupled with the lack of rights and true representation on behalf of the CTC, the accelerated distancing of the CTC from the fundamental problems of the working class and the loss of all rights that had been won by workers before the existence of Socialism in Cuba are without a doubt the catalyst for the evolution of the Independent Labor Movement. Playing a major determining role in the civil non-violent opposition movement against the totalitarian government of the island the leaders and activist of this movement have become targets of provocations, beatings, confinement and torture in a desperate attempt by a repressive regime to drown and silence them. The article by Mr. Recio concludes by stating, "They may find mercenaries who'll invent exalting names for phantom organizations, but they will never be able to create nothing more than ridiculous groups, for the simple fact that, our workers by use of the democratic right will never elect the agents of the counterrevolution, the annexionists or the divisionists nor those who in the most sacred hour of our country would cowardly lend themselves to bend at the knees and sell themselves to the enemies of their people." This was not the first time this train of thought was made public. Pedro Ross the secretary general of the CTC and member of the Polit Buro made this statement verbatim on 5/1/99 This last paragraph manifests the aggressive attitude towards alternative labor organizations and the lack of knowledge of the complaints international labor organizations have made for years against the Cuban government for denying workers the freedom of association and the right to organize. The following are summaries of complaints against the Cuban government made by the International Confederation Of Free Trade Unions (ICFTU) 2000's Report #320, Case #1961, (Vol. LXXXIII, 2000, Series B, #1) According to the ILO the address of the CUTC can not be unknown to the Cuban government as: v Documents received by ILO as a result of this complaint included the constitutional documents of the CUTC, which clearly indicate the location of the aforementioned property where the search and seizure took place. v The Cuban government knows of the CUTC as the latter has officially addressed the government with communiqués that prominently display the address of said organization. v As in all countries of the world State Security should keep a record of the official actions and activities its officers partake in, with a clear indication of the location of where search and seizures take place and all information pertinent to the case as well as an inventory of documents seized. The WLF also cites new incidents, which can be considered violations of the freedom of association and the right to organize committed against the members of the CUTC. Mr. Pedro Pablo Alvarez Ramos, president of the CUTC was denied by the Cuban government the right to travel abroad several days on union business. For the WLF this confirms that the Cuban government denies the right of its citizens to freely circulate in particular when it comes to individuals who defend the principles of free trade unions as established in ILO's, 87th and 98th Conventions. 1998's Report #311, Case #1961, (Vol. LXXXI, 1998, Series B, #3) In its communiqué dated March 26th, 1998 the World Labor Federation reveals that on November 11, 1997 members of Cuban State Security forces forced their way into the homes of Mr. Pedro Pablo Alvarez Ramos, president of the CUTC (Unitary Counsel of Cuban Workers) and Mr. Vicente Escobal Rabeiro, director of ICESI (Cuban Institute of Independent Labor Union Studies). State Security forces conducted a thorough search and confiscated documents relating to the activities of the independent labor movement in Cuba. It is important to point out that amongst these documents was the Universal Declaration of Human Rights, declaration of principles of the CUTC, books from the Latin American Workers Central and other office and personal material. The Committee notes that the Cuban government's observations in particular: v As of this date we have not been able to prove the veracity of the allegations as the address of the aforementioned home which was searched has not been given therefore making it impossible to verify. v There does not exist in any work center an organization by the name of CUTC nor are there any worker collectives which respond to said organization. v Mr. Alvarez Ramos and Escobal Rabeiro are not union officials, they do not represent any worker's collective nor do they exercise any union activities anywhere in the country. As always the Cuban government and its official CTC intend to not recognize an independent labor organization and its officials at the same time it denies the knowledge of any search and seizure. 1997's Report #308, Case #1805, (Vol. LXXX, 1997, Series B, #3) On February 19th, 1997, the CTDC made a call "to all organizations, syndicates, committees, institutes, unions or whosever denominates themselves as a champion workers rights integrate into the Parlamento Obrero Independiente (Independent Workers Parliament) for the defense of all Cuban workers." On February 21st, as a result of this call for solidarity the Cuban government arrested and detained various union officials. Mr. Jose Orlando Gonzalez Bridon, national executive president of the CTDC was detained without charges for 10 hours. He was arrested again the following day and freed February 25th. On February 23rd, 1997 Mr. Gustavo Toirac Gonzalez secretary general and Rafael Garcia Suarez, head of recruitment were arrested then released several days later. In its response the Cuban government cynically states, "it is totally false that a wave of repression has been unleashed by the Government, as stated in such report. According to investigations conducted, Jose Orlando Bridon, Gustavo Toirac and Rafael Garcia Suarez, are free and enjoy the rights of all citizens. These persons are not union officials nor do they represent any workers collective." 1996's Report #305, Case #1805, (Vol. LXXIX, 1996, Series B, #3) The Cuban government replied by underlying its difficulty in locating information relating to the persons mentioned in the complaints, as "none of these individuals are recognized as unionists nor are the related incidents, mentioned by the Committee of a union nature. These persons are not representatives of any workers collective nor are they connected through employment to any business or entity in Cuba." The Committee of Free Trade Unions insisted once again that Cuba reply about: v The lack of official recognition of the CTDC (Confederation of Democratic Workers of Cuba) v The detention, harassment and threats against the executive directors of the CTDC Please Note: As of the date of this report the Cuban Ministry of Justice has not officially recognized the CTDC nor any other independent labor union. 1994's Report #300, Case #1805, (Vol. LXXVIII, 1995, Series B, #3) On October 20th 1994 the International Confederation of Free Trade Unions (ICFTU) allegated that "Mr. Rafael Gutierrez one of the leaders of the USTC (Union Sindical de Trabajadores de Cuba), was twice denied the permission to travel outside of Cuba to personally participate in ICFTU's Committee for Human and Labor Rights gatherings which took place in November 1993 and July 1994. The ICFTU also adds that they have been informed by the CTDC (Confederacion de Trabajadores Democraticos de Cuba that Ms. Edith Lupe, coordinating secretary of the Union Front (Frente Sindical) of the CTDC was cited to appear May 24, 1994 before the Department of State Security located at the Reparto Capri where she was verbally threatened and told "she would disappear or be imprisoned for 3 years" if she didn't abandon her organizing activities for the CTDC. During the aggression she was also strip-searched. On August 2, 1994 at Avenue 19 of the Reparto Siboney, in the municipality Playa in Havana, Mr. Lazaro Corp Yera, secretary general of the USTC, and his minor son Ray Corp Morales, were savagely beaten by three men with clubs, suffering grave lesions. The ICFTU has reason to believe that the assailants are connected to Cuban security forces. In its communiqué dated June 7th, 1995 the ICFTU alleges that Cuba's State Security Department maintains a strong hostile offensive towards the members of National Executive Committee and Frentes Sindical which comprise the CTDC (Confederation of Democratic Cuban Workers), as is the case of Juan Guarino Martinez Guillen (president), Jesus Cardenas Lopez (vice president) and Rene Jose Montero Garay (secretary international relations). This organization (CTDC) has presented the proper documentation required to obtain its just recognition by the Cuban government, although there is little hope of being able to accomplish this. The ICFTU indicates that on September 29th 1994 at 1300 hours Mr.Rene Jose Montero Garay was cited to appear before the PNR (National Revolutionary Police) located at Dragones Street on the corner of Lealtad in Central Havana. Mr. Montero Garay was interrogated and threatened by various officers of the repressive organization warning him that he like Mr. Martinez Guillen, president of the CTDC and Jesus Cardenas would be sentenced to 12 to 15 years of imprisonment if they kept militating in the CTDC and defending the working class of the Cuba. On November 10th 1994 at 1440 hours Mr. Juan Guarino Martinez Guillen, president of the CTDC and Mr. Jesus Cardenas, vice president of the same, were detained by State Security forces and submitted to offensive and threatening interrogations. The ICFTU indicates that according to its sources Mr. Eduardo Lamas Campos a member of the Frente Sindical of the Refinery "Julio Antonio Mella" of Santiago de Cuba, Oriente was expulsed from his labor center for merely proclaiming the right of better working conditions and better food as it is of poor quality and quantity. 1993's Report #287, Case #1628, (Vol. LXXVI, 1993, Series B, #2) The Cuban government attempts to justify its discriminatory policy against the opposition by stating, "this present situation is not about offering union solidarity to legitimate organizations created by the free will of the workers, but rather by actions of the same nature which motivate the Torricelli Law, which aspires to bend the will of the Cuban people not only by hunger and denial of the sale of medication for the workers of Cuba, but also by financing the creation of organizations which behind the façade of a union activity foment labor sabotage and attempt at subordinating union officials." This response, primed towards intolerance shows the government's continuous intention of trying to connect the U.S. government to the purely domestic problem of the Cuban workers lack of true representation. 1992's Report #284, Case #1628 (Vol. LXXV, 1992 Series B, #3): The Committee makes note that its governing body is concerned over the following: 1) In spite of the expiration of the 60 day legal response time Cuba's Ministry of Justice has failed to registered nor recognized any of it's personnel which may be integrated into the UGTC the independent (General Workers Union of Cuba); 2) The arrest and 48 hour detainment of the UGTC president Mr. Rafael Gutierrez, who was violently attacked by a "rapid response brigade" (a government goon squad) which participated in a government sponsored "act of repudiation". Mr. Gutierrez was surrounded by the "intervention brigade" and held down and beaten as he was forced to swallow UGTC documents. He was then thrown into an unmarked vehicle and taken to police station #10 in the municipality the 10th of October in Havana where he was kept incommunicado or 48 hours, while his family was told he would imprisoned for a very long time. The committee requested the Cuban government urgently respond to all allegations relative to the attack on Mr. Gutierrez. The committee underlines the right of workers to constitute organizations the deem necessary, implying in particular the possibility of creating (in a safe and secure climate) independent organizations apart from any currently existing entities. Mr. Rafael Gutierrez is currently in exile outside of the country.
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