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Report of violations of the ILO's International Labor Standars by the government of Cuba Chapter III Hostility, Repression & Detentions of Independent Labor Leaders & Workers for Political Reasons Fidel Castro responded to comments made by Jean Chretien the Prime Minister of Canada (during the III Summit of the Americas), on April 25th 2001 during Cuba's daily "Round Table" TV talk show.
In the manual Defending the Right of Free Trade Unions reference is made to the "Declaration of Philadelphia, (adopted by the International Workers Conference in 1944 and incorporated into the ILO's constitution in1946), to the connection between the fundamentals of human rights and free labor union rights, proclaiming (in article 1b) that freedom of expression and association are essential for a constant progress"…"as those fundamental rights are inherent to human dignity." Adopting a Resolution in 1970, the International Workers Conference solemnly re-affirmed this position stating, "there are firmly established and universally accepted principles which define the guaranteed basic civil rights and which should constitute the ideal norm by which all peoples and nations should adhere." ILO recognizes that those right conferred to employees and employers are based on the mutual respect to all civil liberties, in particular the Universal Declaration of Human Rights and the International Pact of Civil and Political Liberties and the concept of civil rights lacks all sense and purpose when there are no civil liberties. The prior examples demonstrate two very different points of views on the same topic the Right to Organization and the most fundamental Human Rights. Lamentably the Cuban government considers the creation of independent and democratic labor organizations (without the influence of the communist party and the government) acts of terrorism and divisionary of the workers, which does not coincide with the politics of the demagogic socialist state. It is as a result of events like these over the past two years that a study was conducted by CONIC's Institute of Socio-labor Studies, which revealed the existence of more than 200 cases of worker and unionist harassments which included threats, stalking, reprimands and politically motivated layoffs throughout the country. The following is a summary report of some of those cases and does not include cases in which victims wished to remain anonymous for fear of reprisals. A)Abuses against jailed independent unionist. 1)Georgis Pileta Laurencio: On April 27th, 2001 he was severely beaten and placed into a punishment cell for protesting the horrible conditions at the penal institution. A member of CUTC (Cuban Unitary Workers Council) and is serving an 8 years prison sentence for attempting to illegally leave the country. 2)Jorge Luis Larrazabal Zulueta: According to sources from the "Pedro Luis Boitel" political prisoners presidio Mr. Zulueta remains in a punishment cell [with severe chest pains due to a coronary problem. There is an urgent order for his immediate internment into a hospital, which the penal authorities have chosen to ignore. Mr. Larrazabal is 36 years old, a member of CONIC and Amnesty International has declared him a prisoner of conscience. 3)Lazaro Garcia Farah: 34 years old he is imprisoned at "El Tipico" in Las Tunas where is serving a 25, year, sentence for the "Baragua" case. On April 12, 2001 Mr. Farah, was submitted to a barbarous physical aggression by a State Security officer and prison guard, named Fermin and by captain Osmel Moreno. Mr. Garcia Farah's few belongings were forcefully removed from him. He was thrown to the floor, beaten and thrown into a punishment cell. His visitation rights were also indefinitely suspended. Lazaro Garcia Farah is an honorary member of the Federacion Sindical de Plantasa Electricas, Gas, Agua y Anexos de Cuba and of CONIC. 4)Jose Orlando Gonzalez Bridon: Secretary General of the CTDC (Confederation of Democratic Workers of Cuba) was arrested de December 15, 2000 accused of "Disseminating false news" and "enemy propaganda" Mr. Gonzalez Bridon is facing one or more years imprisonment as determined by the "Municipal Tribunal the 10th of October". According to the Miami daily El Nuevo Herald dated 5/1/01 a letter was sent by Reporters without frontiers to the Cuban Minister of Justice Roberto Diaz Sotolongo requesting "the immediate release and the dropping of charges" pending against Mr. Gonzalez Bridon. On August 5, 2000 Mr. Bridon had an article published in a Miami Based Internet News Agency in which he questioned the governments involvement in the death of the national coordinator of the CTDC, Joanna Gonzalez Herrera. "This detainment intends to increase the repression against members of the opposition that disseminate their opinion via the internet." assured, the secretary general of Reporters Without Frontiers, Robert Menard. On April 12, 2001 in a communiqué de USTIC (Independent Free Trade Union of Cuban Workers) urgently requested that international labor organizations intercede "before the Cuban government on behalf of the liberation of the Secretary General of the Confederation of Democratic Workers of Cuba, Jose Orlando Britton, who is suffering from ill health with a high blood pressure condition that results in excessive nose bleeds" B)Beatings, threats, detentions and employment denial of independent unionist 1)Pedro Pablo Alvarez Ramos: On April 13, 2000, Mr. Alvarez Ramos the Secretary General of the CUTC was detained and imprisoned without charges for three months as a result of holding a public a press conference where member of the CUTC announced the dates of their first Congress, to be held later that same month. This announcement unleashed a wave of repression, which was reflected on the detentions of CUTC directors Carmelo Augustin Diaz, Gladys Linares Blanco and Humberto Mones Lafita. During the arrests the political police forces confiscated $5,040 dollars donated to the CUTC by labor unions from Holland to help in covering the costs of the national event, this money has never been returned. Thanks to international solidarity Mr. Alvarez Ramos was freed without charges. 2)Aleida Godinez Soler: Activist and opposition leader, has been warned on multiple occasions that as a result of continuing her labors she could found guilty of "enemy propaganda". On May 25th and 27th Ms. Godinez Soler was in the Province of Ciego de Avila initiating a provincial delegation and giving a seminar on "Free Trade Unions and the Fundamental Conventions of ILO. " As she telephonically testified, she was stalked and threatened by two State Security agents, who told her she could not come to that territory to organize counterrevolutionary institutions, if she continued she would be jailed. A reporter/photographer for LUX magazine her camera was confiscated by officers of the Protection and Vigilence Service Dept. 3)Carmelo Diaz Fernandez: Director of APSIC (Independent Labor Press Agency of Cuba) and executive of the CUTC (Unitary Cuban Workers Council) was threatened by State Security officers at his home on July 7, 2000. One of the officers named Ulises demanded the dissident stop sending information to Radio Marti and DESAFIO (Venezuelan/Cuban solidarity magazine). The other official who did not identify himself profanely offended Mr. Diaz Fernandez and told him " We'll jail you just like we've done with others just like you." 4)Sixto Rolando Calero: Delegate of the CUTC, (Unitary Cuban Workers Council), in the Camaguey province, and his wife were detained by State Security on October 4, 2000 while in route from Esmeralda to the City of Havana. The district attorney Odis Vargas was present in the police operative, which was directed by Lazaro Chavez the head of State Security for the municipality of Esmeralda. Mr. Rolando Calero and his wife were detained for over eight hours documents they were carrying were confiscated and not returned. CubaNet (internet news agency) reports the repressive acts against members of the CUTC increase since announcing the celebration of its first congress. 5)Osvaldo Castillo Alvarez: Delegate of the CUTC, (Unitary Cuban Workers Council), in the Matanzas province, solicited employment on October 11, 2000 at the agricultural warehousing establishment located in the municipality of Perico. The solicitude was denied as the independent unionist "did not coincide with the politics of the island." The establishment's administrator Lazaro Fundora told Mr. Castillo Alvarez that an investigation had been conducted into his person which gave evidence the he "was disaffected of the revolutionary process." Mr. Alvarez Castillo was aspiring to a position in the Economic Dept. of that entity but was further informed by the administrator that "the sums that were managed there were for the exclusive knowledge of revolutionaries." 6)Gustavo Colas Castillo: Secretary General of the USTAI (Independently Syndicated Sugar Workers Union) made public on April 18, 2000 threats to his person made by Joaquin San an executive of the "Amancio Rodriguez" sugar mill in the province of Las Tunas. Due to the inefficiency, which reigned at the mill Mr. Colas Castillo along with a group of colleagues decided to create an independent union, which would remain autonomous, responding only to workers and which would be affiliated to the Federacion Sindical de Plantas Electricas, Gas, Agua y Anexos de Cuba. During a general assembly of the mill's workers Mr San informed the workers about the creation of an independent labor union. A move, which he qualified as "a confabulation of the enemies of the Revolution attempting to crush the unity of the workers" and further informed they, will be "adopting all measures necessary to annihilate them." 7)Omar Garcia Quesada: Executive member USTAI (Independently Syndicated Sugar Workers Union) was beaten on April 7, 2000 by Pedro Perez Sosa a government sanctioned unionist from the "Amancio Rodriguez" sugar mill in Las Tunas. Mr. Garcia Quesada had been conversing with various colleagues defending his right of free expression. Perez Sosa told him "we're going to give you a beating, your ideas are counterrevolutionaries." In the ensuing discussion Mr. Garcia Quesada defended all Cuban workers rights to freely organize and associate. 8)Angel Moya: Condemned to 1 year, imprisonment and 10 years of exile in his native province of Matanzas. Mr. Moya was sentenced on December 12, 2000 by the Popular Tribunal of the Arroyo Naranjo Municipaltiy in the "La Plama" district of Havana City for the crime of "desacato". Mr. Moya's wife and children reside in Havana, notwithstanding Mr. Moya's release within the year he will have to remain in Matanzas for another 10. Mr. Moya is an honorary member of CONIC 9)Lazaro Estanislaos Ramos: CONIC delegate from the Pinar del Rio province was threatened at his home on January 26th, 2001 by captain Rene Godoy (an officer with an ample history of repression). The officer assured the delegate that his Confederation had no future in Pinar del Rio, since they as State Security would impede it at all cost not accepting that he and his collaborators have any influence on the workers in those sectors vital to the economy. The officer further added that the situation in the country had changed and that the treatment and sanctions against the opposition were going to grow worse culminating if necessary with the disappearance of those who opposed them. 10) Sergio Gonzalez Suarez Inclan: Secretary General of CONIC in the province of Matanzas was expulsed from his position as an electrician at the Empresa de Perforacion y Extraccion de Petroleo upon being declared as "not politically confiable." On November 20th, 2000 he was publicly, assaulted, by a retired Revolutionary Armed Forces officer and a current militant of the Cuban Communist Party. The dissident was caught by surprise when he was hit in the face, with a walking cane by Omar Jerez. Mr. Gonzalez had been working recruiting affiliates and was expressing his support of the Salvadoran President Francisco Flores comments during the prior IberoAmerican Summit. The retired officer Omar Jerez resides on Varona 117 Street, in the municipality of Colon in the province of Matanzas. 11) Jorge Dante Abad: On April 20th 2000 the CONIC delegate from the Guantanamo province publicly denounced the violation of his rights as a citizen. The ballot he received for voting had a note on the back that read "Does Not Vote". Mr. Dante Abad noted that he didn't plan on voting any way, although it was painful to know that his rights as contemplated in the constitution were denied without explanation. Mr. Dante Abad, stated that as a sovereign citizen he chooses not to vote in a farce of an election where the pre-designated members of the Communist Party will be elected, although as a Cuban citizen he is entitled by law to participate in the elections. The denial of voting rights was also extended to Mr. Dante Abad's mother and sister and to his colleague the independent unionist and opposition member Mr. Rafael Fonseca Ochoa. 12) Manuel Lantigua Dominguez: 41 years old, and a member of the CUTC in the Guantanamo province was signaled out and harassed for his political beliefs by the local police. On August 8, 2000 Lantigua was called to appear before the chief of police Lieutenant Iiranelio Munoz, of the Guantanamo Station. Mr. Lantigua Dominguez's fingerprints and photo were taken and registered in a newly initiated file labeled "social danger". "Social Danger" is a label applied to all persons who are dissidents of Fidel Castro's political leadership. To be imprisoned as a "Social Danger" one has merely t be accused by the sector's police chief who has to provide proof of three warnings of the accused. According to Mr. Lantigua, police officer Captain Jorge told him "we will imprison you for four years". This independent unionist not under the protection of the government sanctioned CTC was stoned and beaten at the entrance of his home on July 9th, 2001 by paramilitary members of the "Fast Response Brigades". On August 14th, 2001 the CUTC made a call to the international community through CubaNet to watch over situation with Mr. Lantigua Dominguez as the integrity of his health and welfare were threatened. 13) Luis Sergio Unes Rodriguez, a delegate of the Confederacion Obrera Nacional Independiente de Cuba (CONIC) in Bayamo, in the province of Granma, was notified on April 30, 2001, that he was prohibited to leave his home during the May 1st celebrations. If he did, he would be detained at the police station on 4 Street and Francisco Vincent Aguilea Avenue. The order was imparted by a State Security official, who would only identify himself, as a member of a local organization meant to oversee counterrevolutionary activities in that region. The denouncement formulated by Damaris Santant Aguilera, wife of the aforementioned unionist, was also detained in her residence on 26 Street, in the Camilo Cienfuegos neighborhood of Bayamo, informed of the presence of a State Security agent disguised as a civilian, watching from the corner of her house. This is considered as an act, which impedes her freedom of movement. Once the May 1st celebrations were over, the undercover agent left, but not without first informing her that her activities against the unity of the Cuban laborers would bring about an indictment for crimes of association and the diffusion of false news under the current penal code of the communist government. Santana Aguilera who along with her husband has been threatened on numerous occasions declared in an interview that, "We will never give up our fight for May 1st celebration were the posters and petitions formulated by laborers are a true reflection of their wishes and desires and not about their fear and apparent submission to a central union which only employs them as cheap labor, and who demeans and despises them by denying them access to all universally recognized labor rights. 14) On December 17, 2000, Cecilia Chavez and Jordanis Rivas were threatened with imprisonment if they continued their pro-labor activities and their independent reporting, which according to the government is classified as nothing more than, false reporting. Chavez and Rivas have carried out a serious effort in defense of the independent labor movement in the province of Villa Clara. They have gathered an impressive group of workers that have seen themselves, obligated to return their work permits due to the constant and arbitrary inspections to which they are subjected. Chaves and Rivas, have been detained by, State Security forces, on various occasions. On December 14, 2001 their home was subject to a search and seizure operation where labor publications where confiscated. 15) Caridad Diaz Beltran was employed as Nurse Supervisor at the pediatric policlinic "Jovellanos" in Matanzas. She was discharged of her services after being drastically limited in her daily administrative duties. She is currently an independent reporter for the Lux Info-Press Agency and an executive board member of CONIC. 16) Orlando Lopez of Morro Highway #156 between 9th & 11th, is a veteran labor leader of the "Federacion Sindical" in the province of Santiago Cuba. He was interrogated March 25, 2001 by State Security forces in reference to his relationship with Calixto Campos Corona, director LUX magazine and vice president of the "Federacion Sindical in Exile". Orlando responded, "a brotherhood fomented by 40 years of sharing similar political and social concerns for the island unite us…" C)Workers from the Educational Sector. On March 27th, 2001 CubaNet reporter Moraima Pires of the Decorum Group published data revealing the expulsion of at least 83 professor and student activists from the College of Independent Teachers of Cuba and its affiliates. The president of the institution Roberto de Miranda affirmed, that "In all of the cases the dissidents were discharged from their respective employment or centers of study," They were: 28 – Pinar del Rio 21 – Havana City 12 – Villa Clara 7 – Matanzas 6 – Camaguey 1 – Santiago Of the total 10 were teachers or professors, 10 executives, 8 mid-level management, 20 blue collar laborers or farmers, 2 students and the remaining 33 were from other occupational categories. As per Miranda this is only a partial list as smaller provincial delegates had not yet completed their reports. CONIC's Institute for Socio-Labor Studies compiled the names and case studies of at least another 20 workers from this sector who have been expulsed form their occupations due to their independent labor activities. These persons were fired for not being "politically confiable" Ana Margarita Canton a professor at the Superior Teachers Institute, of Pinar del Rio. Marcelino Carvajal Pena a professor at the School of Sports Initiation of Las Tunasas well as Giraldo Leon Corvea and Jorge Luis Blanco Rivera both professors at Superior Teachers Institute, of Pinar del Rio. Nilda Malera Pedraza an administrator Superior Teachers Institute, of the Guantanamo province. After an illegal departure from the island, Leonel Rodriguez Marquez a physical education teacher in San Cristobal High School of Pinar del Rio was fired for not being politically confiable, as was Mateo Romeu Ramos and Juan Roberto de Miranda Hernandez the president of the Colegio de Pedagogos de Cuba. Felix Navarro Rodriguez a member of the Pedro Luis Boitel Movement for Democracy was discharged as principal of the Perico High School for a supposed act of "enemy propaganda". Rigoberto Diaz Cutino of Holguin an assistant professor, was expulsed after publicly expressing pro-democracy ideals. Rene Onate Sixto was fired under article #34 for not "demonstrating a cohesion to the communist government of the island". Belkis Castillo Ramirez was discharged from the infants circle "Suenos de Marti" in Palmarito "for manifesting a political ideology different than the one imposed by the Cuban government. Sergio Lazaro Cabarobi Fernandez Fontecha a professor at the Technical Sciences Faculty University in Pinar del Rio was let go after "realizing public pronouncements against the governments ideology." and Sara Suarez Soa "did not gather all the political ideals required to work in the educational sector." Pedro Emilio Pecheco Perez a gastroenthamologist, was denied his position as professor at the Graduate Institute of Medical Sciences in Santiago de Cuba due to "his political ideas." At times professionals need only to try and leave the country to be fired. Such was the case of three professors at the INDER in San Cristobal, in the Pinar del Rio province. Leonel Rodriguez Martinez, Tomas Gonzalez Azcuy and Carlos Enrique Montero Vilabur were all laid-off for "attempting to illegally leave the country." In many cases the Ministry of Education's Article #34 was the legal basis utilized for expulsing workers. The complaints and sanctions placed as a result of political problems are considered un-appeallable. Professors have been fired for refusing to teach Debate and Reflection as well as Ethics for considering them to be too politicized not agreeing with the Cuban government's interpretation of Jose Marti's work in the State sanctioned text called "Catedras Martianas." D) Workers from varying sectors of the economy laid-off due to race & political ideology. Jose Mendez Cabezas (46), Juan Fallat Astorga (58) and Jose Perez Perez (55) are bus drivers all employed for thirty years or more, became unemployed as a result of refusing to do "Voluntary Work" On January 21, 2001 CubaNet's Luis Vino Zimmerman reported the three men had been unemployed for over 3 months as the vehicles assigned to them by their employment firm were in need of repair and there were no replacement parts. None of the men had been paid during this time, as the urban omnibus company does not guarantee the salary of drivers who's vehicles aren't functioning. "There are omnibuses to transport people to the "Open Tribunals" or to the "Marches of the Combative Public" (public acts of the Communist Party). "Reserve" replacement parts for buses appear for these events but must be returned after the activity has concluded." a worker revealed. The three, aforementioned drivers, were called by their supervisor, and the secretary of the Communist Party, to work on a voluntary shift. After having spent three months without work, compensation or a means to resolve their dilemma the three refused to work that event without pay. The administration sanctioned the men with a "definitive separation from the place of employment." Mendez, Fallat and Perez appealed the sanction which were once again ratified as they "Denied service to the government and the Party." Professionals from all sectors of society, are subject to dismissal as a result, of personal and social affiliations. At least two Master Bakers Lester Gonzalez Penton and Victor E. Pena Garcia were harassed and ultimately discharged by superiors for not following orders to cease and desist all communications with "those counterrevolutionary groups" like the ProHuman Rights Party affiliated to the Zajarov Foundation. Geologists Fernando Mexidor Vazquez and Judelmis Almansa were subject to a special order of the Revolutionary Armed Forces, which "denies one the right to associate with persons who oppose the reigning government" was used to expel them on August 8, 2000 from their positions. A carpenter Eduardo Sayago Herrera was let go for the same reason. Unemployment is just one of the sanctions used to punish those trying to emigrate from Cuba. Technicians, doctors, administrators and blue-collar laborers have all been discharged from their positions for attempting to leave the country. Such was the case for Gaston Osle Dottes, Freddy Caballero Cardosa and Walter Estrada Leguren. Race has also become a big issue in Cuba. Those persons of color are not considered employable in the tourist sector of society. Esperanza Alemeira Cordero lost her job in October of 1997 for "being black" she has not been able to find employment since. Esperanza provided the names and addresses of at least three other women in her neighborhood of Arroyo Naranjo whom have all been victims of the same arbitrary prejudice of race. The official excuse used most often by the Cuban government for getting rid of employees is the term "not politically confiable." This is vague term used to denote all those person whom may have expressed dissent or concerns, which could be interpreted as contrary to the interest of the Cuban Communist Party. During the short period of this study at least twenty-nine cases were documented. Persons from all walks of life have had their official work files tagged as "not confiable" making them unemployable. E) Government Activities Against Self-Employed Workers Dr. Carlos Lage, the Executive Secretary of the Consejo de Ministros [Ministry Counselors], during a meeting of the Presidentes Provinciales del Poder Popular [Provincial Presidents of the Majority Rule] stated, "that in the next year a series of payments to the private sectors for services rendered to governmental institutions will be prohibited." According to the available information as listed by the "ONAT" (Oficina Nacional de Administracion Tributaria), there are approximately 119,502 self-employed workers from the 215,000 identified in 1995. This reduction in the number of self-employed entrepreneurs is due to the regulations imposed by the government. This servers as an example of the current trends of in the work force as a result of these new rules. CONIC's Institute for Socio-Labor Studies, estimated that for each licensed self-employed worker that there could actually be five people working in a clandestine manner using one license, which would increase these numbers to approximately 600,000 self-employed workers. In September of 2000, a Gubernatorial meeting was held in Havana to analyze the progress of self-employed workers. During this meeting, the Minister of Employment & Social Security indicated that they had performed more than 300,000 inspections in the whole country and detected 32,000 violations for which 13,000 citations had been imposed with a value of $11,482,000 pesos. The following are examples of regulations the Government imposes on self-employed workers: On November 13th, 2000, the local authorities in the city of San Cristobal prohibited street vendors from selling any goods in front of the Commandante Pinares Hospital. Requiring hospital visitors and employees to purchase food products from the hospital cafeteria only offering no other alternative. They also prohibited street vendors who sell food items from distributing plates or utensils for the use of their customers. Another regulation states that private sector workers cannot hire or utilize any intermediate workers to lend their services or to commercialize their products and it also illegal to privately hire employees. The government states that there are 28 regulations that must be adhered to, but there is a disclaimer that states, "these are not all the regulations, but the fundamentals ones." This leaves way to the arbitrary addition of regulations without prior nILOce to the public or during an unwarranted arrest. Violations of any of the published or arbitrary regulations results in the revocation of licenses indefinitely. F) Telephone Call Interception and Mail Tampering Violations and Confiscations. The Telephone Company of Cuba S.A [ETECSA], a Cuban company with investments from Italian capitalist, intercepts calls to and from the United States and domestically. In discussing this issue with independent labor leaders within Cuba, they've expressed concerns that every time they are having a conversation with foreigners or with Cuban resident abroad, their telephone conversations are interrupted. The ETECS shuts off the telephone service for hours at a time every time a human rights discussion is overheard. Pablo Pacheco Avila, from the Cooperativa de Periodistas Independientes de Cuba [Independent Journalist Cooperative of Cuba], published an article that stated that the ETECSA obstructs calls to specific telephone numbers in the US. The operator's actions can be perceived as discriminatory in nature. Radio Marti that has published telephone numbers for listeners to call-in and makes comments or to discuss the topic at hand. Callers from the cities of Camaguey and Ciego de Avila are not able to call the U.S. directly. These callers must use operator assistance or call from other cities. When these radio listeners try to call in to Radio Marti, the operators simply advise the caller that those numbers are restricted. On one occasion, Mr. Avila insisted that the numbers as listed for Radio Marti were not restricted, the operator responded, "calls to this radio station are prohibited." When Mr. Avila asked the operator who had imposed these restrictions, the operator did not respond to his questions and did not provide any additional information. There are also several cases where police reports have been filed that state the their correspondence has been tampered with by Customs Agents in Cuba. Also, the State Security Police confiscated several packages that were headed to independent libraries, some of these packages have been syndications that were being sent via DHL and could be tracked. Another example of tampering was from January 2001 to April 2001 where Customs Agents also confiscated the LUX labor magazine.
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