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99–595PDF 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

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/international

( —relations 

(II)

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 

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 

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 

(III)

SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL

OPERATIONS

CHRISTOPHER H. SMITH, New Jersey, Chairman 

THOMAS G. TANCREDO, Colorado 

JEFF FLAKE, Arizona 

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 

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 

(V)

C O N T E N T S 

Page

MARKUP OF 

H. Con. Res. 81, Expressing the sense of Congress regarding the two-year 

anniversary of the human rights crackdown in Cuba ....................................... 2

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING 

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 ................ 7

The Honorable Dan Burton, a Representative in Congress from the State 

of Indiana, and Chairman, Subcommittee on the Western Hemisphere: 

Prepared statement .............................................................................................. 7

APPENDIX 

The Honorable Robert Menendez, a Representative in Congress from the 

State of New Jersey: Prepared statement .......................................................... 9

(1)

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. 

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:]

2

1

H.L.C.

.....................................................................

(Original Signature of Member)

109TH CONGRESS

1ST SESSION H. CON. RES. l Expressing the sense of Congress regarding the two-year anniversary of the

human rights crackdown in Cuba.

IN THE HOUSE OF REPRESENTATIVES

Mr. MENENDEZ submitted the following concurrent resolution; which was

referred to the Committee on lllllllllllllll

CONCURRENT RESOLUTION

Expressing the sense of Congress regarding the two-year

anniversary of the human rights crackdown in Cuba.

Whereas in March 2003, Cuban dictator Fidel Castro arrested more than 75 journalists, labor union organizers,

civic leaders, librarians, and human rights activists as political prisoners;

Whereas the Cuban regime, after summary trials which were

denounced by the international community, sentenced

these innocent men and women to a total of more than

1,000 years in prison for trying to exercise their civil and

political rights, many of whom are anticipated to die in

prison before their sentence is completed;


99595a.AAB
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H.L.C.

Whereas the Charter of the United Nations reaffirms a commitment to fundamental human rights and to the dignity

and worth of all people;

Whereas the Universal Declaration of Human Rights, which

establishes global human rights standards, asserts that

all human beings are born free and equal in dignity and

rights, and that no one shall be subjected to arbitrary arrest or detention;

Whereas these arrests and convictions were an atrocious attempt by the Cuban regime to crush the citizens’ movements for a free and democratic Cuba;

Whereas Fidel Castro has tentatively released a limited number of prisoners from jail but these political activists are

subject to arrest and imprisonment at any time pursuant

to ‘‘extra penal licenses’’;

Whereas in 2004, the Cuban regime continued its suppression of democracy and repression of human rights activists, imprisoning a significant number of political dissidents during the year on such charges as disrespect for

authority, public disorder, disobedience, and resisting arrest;

Whereas in April 2004, the United Nations Commission on

Human Rights adopted a resolution deploring the sentencing of ‘‘political dissidents and journalists’’ in 2003

and calling for a visit to Cuba by a Personal Representative of the High Commissioner for Human Rights which

was later denied by the Cuban regime;

Whereas Fidel Castro continues to hold hundreds of political

prisoners in his jail cells;


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H.L.C.

Whereas Amnesty International has recognized all journalists

and activists who were arrested in the crackdown in

March 2003 as prisoners of conscience;

Whereas the Cuban regime engages in torture and other

cruel, inhumane, and degrading treatment and punishment against political prisoners to force them into submission, including intense beatings, extended periods of

solitary confinement, and denial of nutritional and medical attention, according to the Department of State’s

Country Report on Human Rights 2004;

Whereas religious freedom in Cuba is severely circumscribed,

and clergy and lay people suffer sustained persecution by

the Cuban State Security apparatus;

Whereas the Cuban regime denies the people of Cuba equal

protection under the law, disallows them recourse for

remedying violations of human rights and civil liberties,

and instead enforces a judicial system which infringes

upon fundamental rights; and

Whereas the United States Congress has stood, consistently,

on the side of the Cuban people and supported their right

to be free: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress—

3 (1) condemns in the strongest possible terms

4 the arrest of more than 75 journalists, labor union

5 organizers, civic leaders, librarians, and human

6 rights activists as political prisoners in March 2003

7 and the Cuban regime’s continuing repressive crackVerDate Mar 21 2002 15:54 Aug 15, 2005 Jkt 000000 PO 00000 Frm 00010 Fmt 6633 Sfmt 6633 F:\WORK\WH\030305M\99595.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 down against the brave internal opposition and the

2 independent press;

3 (2) expresses its profound admiration and firm

4 solidarity with the internal opposition and inde5 pendent press of Cuba;

6 (3) demands that the Cuban regime imme7 diately release all political prisoners, legalize all po8 litical parties, labor unions, and the press, and hold

9 free and fair elections;

10 (4) declares the acts of the Cuban regime, in11 cluding its widespread and systematic violation of

12 human rights, to be in violation of the Charter of

13 the United Nations and the Universal Declaration of

14 Human Rights;

15 (5) declares that the rule of law should replace

16 the rule of force so that the fundamental and in17 alienable rights of every individual in Cuba are pro18 tected;

19 (6) calls for the European Union, as well as

20 other countries and international organizations, to

21 continue to pressure the Cuban regime to improve

22 its human rights record; and

23 (7) calls for United Nations member countries

24 to vote against Cuba’s membership in the United

25 Nations Commission on Human Rights and the pasVerDate Mar 21 2002 15:54 Aug 15, 2005 Jkt 000000 PO 00000 Frm 00011 Fmt 6633 Sfmt 6633 F:\WORK\WH\030305M\99595.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 sage of a resolution at the 61st session of the United

2 Nations Commission on Human Rights that holds

3 the Cuban regime accountable for its gross violations

4 of human rights and civil liberties.


99595a.AAF
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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. 

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

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. 

8

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. 

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.] 

(9)

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 ca ́ rceles de Castro, bajo 

su re ́gimen, a sus familias y amistades aquo ́ en los Estados Unidos y en Cuba, les 

digo que el pueblo americano esta ́ con ustedes. Y, aquo ́ en el Congreso de los Estados 

Unidos, vamos a defender su libertad y ganar la lucha contra la brutalidad y la 

opresio ́n. 

Por eso, junto con mis otras colegas en el Congreso, escribo ́ esta resolucio ́n que 

condena la ola represiva contra los disidentes que hizo la re ́gimen Castro hace casi 

dos an ̃ os y que declara que la gente cubana debe tener los derechos humanos y la 

libertad—la libertad de expresio ́n y de asociacio ́n—y el derecho de tener elecciones 

libres. 

[NOTE: English translation follows.]

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. 

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 

10

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.’’

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. 

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.

Æ