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2005
EXPRESSING THE SENSE OF CONGRESS
REGARDING THE TWO-YEAR ANNIVERSARY OF THE HUMAN RIGHTS CRACKDOWN IN CUBA

JOINT MARKUP

BEFORE THE

SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL OPERATIONS

AND THE

SUBCOMMITTEE ON
THE WESTERN HEMISPHERE

OF THE

COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

FIRST SESSION
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ON
H. Con. Res. 81

MARCH 3, 2005

Serial No. 109–45

Printed for the use of the Committee on International Relations

Available via the World Wide Web: http://www.house.gov/internationalrelations

COMMITTEE ON INTERNATIONAL RELATIONS

HENRY J. HYDE, Illinois, Chairman

JAMES A. LEACH, Iowa
CHRISTOPHER H. SMITH, New Jersey,
  Vice Chairman
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
DANA ROHRABACHER, California
EDWARD R. ROYCE, California
PETER T. KING, New York
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STEVE CHABOT, Ohio
THOMAS G. TANCREDO, Colorado
RON PAUL, Texas
DARRELL ISSA, California
JEFF FLAKE, Arizona
JO ANN DAVIS, Virginia
MARK GREEN, Wisconsin
JERRY WELLER, Illinois
MIKE PENCE, Indiana
THADDEUS G. McCOTTER, Michigan
KATHERINE HARRIS, Florida
JOE WILSON, South Carolina
JOHN BOOZMAN, Arkansas
J. GRESHAM BARRETT, South Carolina
CONNIE MACK, Florida
JEFF FORTENBERRY, Nebraska
MICHAEL McCAUL, Texas
TED POE, Texas

TOM LANTOS, California
HOWARD L. BERMAN, California
GARY L. ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
DONALD M. PAYNE, New Jersey
ROBERT MENENDEZ, New Jersey
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SHERROD BROWN, Ohio
BRAD SHERMAN, California
ROBERT WEXLER, Florida
ELIOT L. ENGEL, New York
WILLIAM D. DELAHUNT, Massachusetts
GREGORY W. MEEKS, New York
BARBARA LEE, California
JOSEPH CROWLEY, New York
EARL BLUMENAUER, Oregon
SHELLEY BERKLEY, Nevada
GRACE F. NAPOLITANO, California
ADAM B. SCHIFF, California
DIANE E. WATSON, California
ADAM SMITH, Washington
BETTY McCOLLUM, Minnesota
BEN CHANDLER, Kentucky
DENNIS A. CARDOZA, California

THOMAS E. MOONEY, SR., Staff Director/General Counsel
ROBERT R. KING, Democratic Staff Director

Subcommittee on Africa, Global Human Rights and International Operations
CHRISTOPHER H. SMITH, New Jersey, Chairman
THOMAS G. TANCREDO, Colorado
JEFF FLAKE, Arizona
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MARK GREEN, Wisconsin
JOHN BOOZMAN, Arkansas
JEFF FORTENBERRY, Nebraska
EDWARD R. ROYCE, California,
  Vice Chairman

DONALD M. PAYNE, New Jersey
BARBARA LEE, California
BETTY McCOLLUM, Minnesota
BRAD SHERMAN, California
GREGORY W. MEEKS, New York
DIANE E. WATSON, California

MARY M. NOONAN, Subcommittee Staff Director
NOELLE LUSANE, Democratic Professional Staff Member

Subcommittee on the Western Hemisphere
DAN BURTON, Indiana, Chairman

RON PAUL, Texas
JERRY WELLER, Illinois, Vice Chairman
KATHERINE HARRIS, Florida
JAMES A. LEACH, Iowa
CHRISTOPHER H. SMITH, New Jersey
ILEANA ROS-LEHTINEN, Florida
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CONNIE MACK, Florida
MICHAEL McCAUL, Texas

ROBERT MENENDEZ, New Jersey
GRACE NAPOLITANO, California
GREGORY W. MEEKS, New York
ENI F.H. FALEOMAVAEGA, American Samoa
DONALD M. PAYNE, New Jersey
WILLIAM D. DELAHUNT, Massachusetts
BARBARA LEE, California

MARK WALKER, Subcommittee Staff Director
JESSICA LEWIS, Democratic Professional Staff Member
TED BRENNAN, Professional Staff Member
BRIAN WANKO, Staff Associate

C O N T E N T S

MARKUP OF

    H. Con. Res. 81, Expressing the sense of Congress regarding the two-year anniversary of the human rights crackdown in Cuba

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING

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    The Honorable Christopher H. Smith, a Representative in Congress from the State of New Jersey, and Chairman, Subcommittee on Africa, Global Human Rights and International Operations: Prepared statement

    The Honorable Dan Burton, a Representative in Congress from the State of Indiana, and Chairman, Subcommittee on the Western Hemisphere: Prepared statement

APPENDIX

    The Honorable Robert Menendez, a Representative in Congress from the State of New Jersey: Prepared statement

EXPRESSING THE SENSE OF CONGRESS REGARDING THE TWO-YEAR ANNIVERSARY OF THE HUMAN RIGHTS CRACKDOWN IN CUBA

THURSDAY, MARCH 3, 2005

House of Representatives,    
Subcommittee on Africa, Global Human Rights    
and International Operations,    
Committee on International Relations,
Washington, DC.

    The Subcommittee met, pursuant to call, at 3:44 p.m. in room 2172, Rayburn House Office Building, Hon. Christopher H. Smith (Chairman of the Subcommittee) presiding.
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    Mr. SMITH. Pursuant to the Committee notice, I would like to deal with an item of legislative business before the Subcommittee. Without objection, the Subcommittee on Africa, Global Human Rights, and International Operations reports H. Con. Res. 81 favorably to the Full Committee.

    [H. Con. Res. 81 follows:]

      
      
  
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    Mr. SMITH. Any member who wishes to have his or her remarks on this resolution inserted in the record is given leave to do so.

    The business meeting is adjourned, and I yield to my friend.

    [The prepared statement of Mr. Smith follows:]

PREPARED STATEMENT OF THE HONORABLE CHRISTOPHER H. SMITH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY AND CHAIRMAN, SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL OPERATIONS

    Good Afternoon. In addition to today's important joint hearing on Year Two of Castro's Brutal Crackdown in Cuba, I am pleased to chair this Subcommittee markup of H.Con.Res. 81, ''Expressing the Sense of Congress Regarding the Two-Year Anniversary of the Human Rights Crackdown in Cuba.'' I want to thank Mr. Menendez for his efforts to put Congress on record by introducing this bill, and I also want to thank our Ranking Democratic Member, Mr. Payne, for his support in bringing this bill before the Subcommittee.
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    Regrettably, conditions have not improved two years after Fidel Castro's egregious human rights crackdown in March 2003. Of the 75 brave dissidents arrested by the feared State Security apparatus that March, an alarming 61 remain in jail today. The alleged ''crimes'' of those who have been held for two years include advocating democracy, writing as independent journalists, and being men and women of faith. The bill before us today is an effort to stand with those prisoners and show that they are not forgotten.

    Mr. BURTON. I want to thank Mr. Menendez, the Ranking Democrat on the Western Hemisphere Subcommittee for his hard work. He is a great patriot, and I have high regard for him, and I thank him for this resolution. I am proud to co-sponsor it with him.

    The Western Hemisphere Subcommittee will now come to order, and without objection the Subcommittee on the Western Hemisphere reports H. Con. Res. 81 favorably to the Full Committee, and any Member who wishes to have their remarks on this resolution inserted in the record is given leave to do so.

    And with that, the Western Hemisphere Subcommittee and their business meeting is now adjourned, and the resolution has been reported to the Full Committee.

    [The prepared statement of Mr. Burton follows:]

PREPARED STATEMENT OF THE HONORABLE DAN BURTON, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF INDIANA, AND CHAIRMAN, SUBCOMMITTEE ON THE WESTERN HEMISPHERE

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    As Chairman of the Subcommittee on Western Hemisphere, and long-standing critic of the Castro regime, I would like to thank Chairman Smith and Ranking Member Payne for working with Mr. Menendez and I to put on this joint hearing today; and help us highlight once again the atrocious human rights violations the Cuban people continue to suffer at the hands of Castro's oppressive regime.

    I believe this hearing is especially timely, for two reasons. First, we are approaching the two-year anniversary of the most brutal attempt yet by the Castro regime to crush the efforts by the Cuban people to achieve a free and democratic Cuba. By holding this hearing today we are sending a strong message to the Cuban government that the United States will not forget those people who are languishing in Cuban prisons for the so-called crime of speaking out against the injustices perpetrated by the Castro regime.

    Second, as U.S. servicemen and women put their lives on the line to bring freedom and democracy to areas of the world that have long suffered in the shadow of tyranny, Cuba represents a prime example—right in our own backyard—of what can happen if any Nation shuns democracy and subjugates itself to the whims of dictatorship.

    Next week (March 9th), my Subcommittee will hold a hearing to examine the overall State of Democracy in Latin America. It is the intention of the Subcommittee to determine the strengths and weaknesses of democracy in our hemisphere, and I believe that an understanding of the situation in Cuba is key to our understanding of the current state of democracy in parts of our Hemisphere.

    As it stands now, Cuba is the only nation in the hemisphere that is a complete dictatorship, and since the earliest days of the regime, Castro has not only stifled efforts to promote freedom and democracy in Cuba, but he as also actively been involved in promoting communism and dictatorships around the world, most especially in Central and South America. The fall of Castro's principle benefactor, the Soviet Union, may have caused a shift in Castro's tactics but he has never abandoned his ambition to export communism. In fact, in an August 2003 policy report, the Hudson Institute offered evidence that the Cuban government was providing assistance to the Chavez regime in Venezuela in an effort to turn that democratic country into a socialist dictatorship. Tragically, it seems that their sinister efforts may be bearing fruit as just last Friday President Chavez publicly and vocally embraced socialism as his ideology of choice.
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    The inauguration of Uruguay's first leftist president, Tabare Vazquez, just this past Tuesday marks a continuation of South America's political shift leftward. Only hours after receiving the presidential sash, President Vazquez moved to restore diplomatic relations with Cuba.

    I am very concerned about the state of affairs in the Western Hemisphere and I am convinced that there will never be true lasting peace and freedom in the region until we solve the Cuba problem once and for all; and the only acceptable solution is a free and democratic Cuba.

    We cannot ignore Castro and we cannot relieve the pressure on the regime. We owe it to the thousands of Cubans who risk their lives every year to flee the communist regime by any means necessary—even attempting to brave the hazardous 90-mile crossing between the United States and Cuba on makeshift rafts—as well as those languishing in Cuban jails to further open the eyes of the world community to the true evils of the Castro regime.

    Today's hearing, and the resolution we will mark-up later this afternoon, send an important message to freedom loving people in Cuba, and indeed everywhere, that the United States stands ready with them to promote freedom and democracy for all; that we will never forget them, and we will not walk away until the job is done. I look forward to hearing from our witnesses.

    [Whereupon, at 3:46 p.m. the Subcommittee was adjourned.]

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A P P E N D I X

Material Submitted for the Hearing Record

PREPARED STATEMENT OF THE HONORABLE ROBERT MENENDEZ, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY

[NOTE: The beginning of this prepared statement was presented in Spanish. The English translation follows.]

    A todos mis hermanos y hermanas quienes sufren en las cárceles de Castro, bajo su régimen, a sus familias y amistades aquó en los Estados Unidos y en Cuba, les digo que el pueblo americano está con ustedes. Y, aquó en el Congreso de los Estados Unidos, vamos a defender su libertad y ganar la lucha contra la brutalidad y la opresión.

    Por eso, junto con mis otras colegas en el Congreso, escribó esta resolución que condena la ola represiva contra los disidentes que hizo la régimen Castro hace casi dos años y que declara que la gente cubana debe tener los derechos humanos y la libertad—la libertad de expresión y de asociación—y el derecho de tener elecciones libres.

     

[NOTE: English translation follows.]
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    To all of my brothers and sisters who are suffering in Castro's jails and under his regime, to their families and friends here in the United States and in Cuba—I say to you, that the American people are with you. And, here in the Congress of the United States, we will defend your liberty and win the fight against brutality and oppression.

    That's why, together with my other colleagues in Congress, I wrote this resolution which condemns the brutal crackdown against dissidents carried out by the Castro regime almost two years ago and which declares that the Cuban people must have human rights and freedom—freedom of expression and of association—and the right to hold free elections.]

    I would also like to thank Chairman Hyde and Ranking Member Lantos for holding this important mark-up today, Chairman Burton and Chairman Smith for their hard work and support of this resolution, and the many other Members of this Committee who have supported the resolution.

    We are convening this mark-up today under the shadow of the 2nd anniversary of the crackdown on dissidents in Cuba.

    We often think of an anniversary as a moment to celebrate—but clearly we have nothing to celebrate today.

    Instead, we use this anniversary to mark a tragedy in the lives of the Cuban people and in the lives of all those who support democracy and human rights in the hemisphere.
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    The whole world was horrified as more than 75 journalists, human rights activists, and opposition political figures were arrested, given summary trials and then sentenced to prison terms of up to 28 years.

    Many of the prisoners, along with other prisoners of conscience, spent over a year in solitary confinement. Some have been deprived of adequate medical treatment, and reports from Cuba detail beatings and harassment.

    I am not fooled by the recent release of 14 dissidents, by this attempt to trick the international community. I am not fooled because I know that when they released those 14 dissidents, who should never have been in jail in the first place, they also arrested new dissidents. I am not fooled because I know that they only released these dissidents on ''parole,'' meaning that they could be arrested again at any time.

    Hundreds of political prisoners remain in Castro's jails today.

    Clearly, the Castro regime has no respect for the Universal Declaration of Human Rights, which states in Article 4 that, ''No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.''

    And the world has recognized these injustices.

    The State Department calls this wave ''the most despicable act of political repression in the Americas in a decade.''
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    Castro's human rights record has been condemned by Amnesty International, Freedom House, and other human rights groups.

    In a statement, Amnesty International said that these ''prisoners of conscience'' should be immediately released and called on the Cuban regime to, ''comply with the principles laid out in international rights standards for the treatment of prisoners.''

    Freedom House included Cuba in its report entitled, ''The Worst of the Worst, The World's Most Repressive Societies, 2004.''

    And the House of Representatives has condemned Castro's human rights record as well, in multiple resolutions.

    This year, on the two-year anniversary, we are here to mark-up a resolution that condemns Castro's brutal crackdown and demands that the Cuban regime immediately release all political prisoners, legalize all political parties, labor unions, and the press, and hold free and fair elections.

    Today is a time for all of us to come together, from both sides of the aisle, to stand together for a universal cause: human rights.

    Today, in voting for this resolution, we will celebrate the strength and perseverance of the Cuban people.

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    Today, we will vote for the universal values which we all share.

    So I call on all of the Members of this Committee to join me in the fight for human rights and democracy for the Cuban people.

    Now is the time for us to stand together against brutality, torture and dictatorship.

    Now is the time for us to stand together for freedom, for the right to free speech and free association, and for human rights in general.

    Now is the time for us to stand together as we call on the Cuban regime to immediately release these prisoners of conscience, who were jailed for standing up for democracy and human rights against a brutal dictatorship.

    To my brothers and sisters who suffer in Castro's jails, to their families and friends both here in the United States and Cuba, and to the Cuban people, I say that Castro will not succeed in his vain attempt to suppress the spirit of the Cuban people. I look forward to the day, which is coming soon, when we will all celebrate a free and democratic Cuba. It is the spirit of the Cuban people and their courage that will ultimately be Castro's downfall.

    So I ask each of you to join me in voting yes for this resolution.