House Hearing, 108TH Congress - Castro's Cuba: What Is The Proper U.S. Response To Ongoing Human Rights Violations in Our Hemisphere?

CASTROS CUBA: WHAT IS THE PROPER U.S.
RESPONSE TO ONGOING HUMAN RIGHTS VIO-

LATIONS IN OUR HEMISPHERE?
HEARING
BEFORE THE
SUBCOMMITTEE ON HUMAN RIGHTS AND

WELLNESS
OF THE
COMMITTEE ON
GOVERNMENT REFORM
HOUSE OF REPRESENTATIVES
ONE HUNDRED EIGHTH CONGRESS
FIRST SESSION
OCTOBER 16, 2003
Serial No. 108120
Printed for the use of the Committee on Government Reform
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COMMITTEE ON GOVERNMENT REFORM
TOM DAVIS, Virginia, Chairman
DAN BURTON, Indiana HENRY A. WAXMAN, California
CHRISTOPHER SHAYS, Connecticut TOM LANTOS, California
ILEANA ROS-LEHTINEN, Florida MAJOR R. OWENS, New York
JOHN M. MCHUGH, New York EDOLPHUS TOWNS, New York
JOHN L. MICA, Florida PAUL E. KANJORSKI, Pennsylvania
MARK E. SOUDER, Indiana CAROLYN B. MALONEY, New York
STEVEN C. LATOURETTE, Ohio ELIJAH E. CUMMINGS, Maryland
DOUG OSE, California DENNIS J. KUCINICH, Ohio
RON LEWIS, Kentucky DANNY K. DAVIS, Illinois
JO ANN DAVIS, Virginia JOHN F. TIERNEY, Massachusetts
TODD RUSSELL PLATTS, Pennsylvania WM. LACY CLAY, Missouri
CHRIS CANNON, Utah DIANE E. WATSON, California
ADAM H. PUTNAM, Florida STEPHEN F. LYNCH, Massachusetts
EDWARD L. SCHROCK, Virginia CHRIS VAN HOLLEN, Maryland
JOHN J. DUNCAN, JR., Tennessee LINDA T. SANCHEZ, California
JOHN SULLIVAN, Oklahoma C.A. DUTCH RUPPERSBERGER, Maryland
NATHAN DEAL, Georgia ELEANOR HOLMES NORTON, District of
CANDICE S. MILLER, Michigan Columbia
TIM MURPHY, Pennsylvania JIM COOPER, Tennessee
MICHAEL R. TURNER, Ohio CHRIS BELL, Texas
JOHN R. CARTER, Texas
WILLIAM J. JANKLOW, South Dakota BERNARD SANDERS, Vermont
MARSHA BLACKBURN, Tennessee (Independent)
PETER SIRH, Staff Director

MELISSA WOJCIAK, Deputy Staff Director
ROB BORDEN, Parliamentarian
TERESA AUSTIN, Chief Clerk
PHILIP M. SCHILIRO, Minority Staff Director
SUBCOMMITTEE ON HUMAN RIGHTS AND WELLNESS

DAN BURTON, Indiana, Chairman
CHRIS CANNON, Utah DIANE E. WATSON, California
CHRISTOPHER SHAYS, Connecticut BERNARD SANDERS, Vermont
ILEANA ROS-LEHTINEN, Florida (Independent)
ELIJAH E. CUMMINGS, Maryland
EX OFFICIO
TOM DAVIS, Virginia HENRY A. WAXMAN, California
MARK WALKER, Staff Director
MINDI WALKER, Professional Staff Member
DANIELLE PERRAUT, Clerk
RICHARD BUTCHER, Minority Professional Staff Member
(II)
CONTENTS
Page
Hearing held on October 16, 2003 .......................................................................... 1
Statement of:
Calzon, Frank, executive director, Center for a Free Cuba; Eric Olson,
advocacy director for the Americas, Amnesty International; and Tom
Malinowski, Washington Advocacy Director, Human Rights Watch ........ 80
Noriega, Roger, Assistant Secretary for the Western Hemisphere, State
Department; Adolfo Franco, Assistant Administrator, Latin America
and the Caribbean, USAID; and R. Richard Newcomb, Director, Office
of Foreign Assets Control, U.S. Department of Treasury .......................... 19
Letters, statements, etc., submitted for the record by:
Burton, Hon. Dan, a Representative in Congress from the State of Indi-
ana, prepared statement of .......................................................................... 5
Calzon, Frank, executive director, Center for a Free Cuba, prepared
statement of ................................................................................................... 99
Cummings, Hon. Elijah E., a Representative in Congress from the State
of Maryland, prepared statement of ............................................................ 111
Franco, Adolfo, Assistant Administrator, Latin America and the Carib-
bean, USAID, prepared statement of .......................................................... 47
Malinowski, Tom, Washington Advocacy Director, Human Rights Watch,
prepared statement of ................................................................................... 83
Newcomb, R. Richard, Director, Office of Foreign Assets Control, U.S.
Department of Treasury, prepared statement of ........................................ 53
Noriega, Roger, Assistant Secretary for the Western Hemisphere, State
Department, prepared statement of ............................................................ 23
Olson, Eric, advocacy director for the Americas, Amnesty International,
prepared statement of ................................................................................... 90
Ros-Lehtinen, Hon. Ileana, a Representative in Congress from the State
of Florida, letter dated January 23, 2003 ................................................... 13
(III)
CASTROS CUBA: WHAT IS THE PROPER U.S.
RESPONSE TO ONGOING HUMAN RIGHTS
VIOLATIONS IN OUR HEMISPHERE?
THURSDAY, OCTOBER 16, 2003
HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON HUMAN RIGHTS AND WELLNESS,
COMMITTEE ON GOVERNMENT REFORM,
Washington, DC.
The subcommittee met, pursuant to notice, at 3 p.m., in room
2157, Rayburn House Office Building, Hon. Dan Burton (chairman
of the subcommittee) presiding.
Present: Representatives Burton, Watson and Ros-Lehtinen.
Staff present: Mark Walker, staff director; Mindi Walker, Brian
Fauls, and John Rowe, professional staff member; Nick Mutton,
press secretary; Danielle Perraut, clerk; Richard Butcher, minority
professional staff member; and Cecelia Morton, minority office
manager.
PLEASE PROVIDE TITLES FOR THE ABOVE MENTIONED PEOPLE!!!!!!
Mr. BURTON. The Subcommittee on Human Rights and Wellness

will come to order.
I ask unanimous consent that all Members and witnesses open-
ing statements be included in the record and without objection, so
ordered.
I ask unanimous consent that all articles, exhibits, extraneous
and tabular materials referred to be included in the record. With-
out objection, so ordered.
In the event of other Members attending the hearing, I ask
unanimous consent that they be permitted to serve as a member
of the subcommittee for todays hearing. Without objection, so or-
dered.
The subcommittee is convening today to examine the atrocious
human rights violations Cubans continue to suffer at the hands of
their government and to discuss what the proper U.S. response
should be as a result of these blatant abuses to help usher in a free
and democratic Cuba.
Liberty and freedom-loving Cubans have been engaged in a long
fight for their island. The quest for democracy began there over a
century ago and unfortunately has yet to come to fruition. For the
last 44 years, there has been one person standing in the way of
freedom for Cuban people and that is the Communist dictator,
Fidel Castro.
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Since Castro assumed control in Cuba in January 1959, human

rights and living conditions there have deteriorated tremendously.
Most Cuban people live every day in fear of their government,
thousands of which risk their lives every year to flee the com-
munist regime by any means necessary, even attempting to brave
the hazardous 90 mile crossing between the United States and
Cuba on little makeshift rafts.
I have always been critical of the human rights conditions in
Cuba. Seeing a need for the United States to do more to promote
democracy in Cuba, I along with my colleagues, Ileana Ros-
Lehtinen, Lincoln Diaz-Balart, Bob Menendez and others, intro-
duced the Cuban Liberty and Democratic Solidarity Act, Libertad,
more commonly known as the Helms-Burton Amendment in Feb-
ruary 1995 to seek international sanctions against the Castro gov-
ernment in response to the horrific human rights conditions at the
hands of the Castro regime as well as to prepare for a democratic
Cuban nation.
A year later on February 24, 1996, Cuban Air Force fighter
planes pursued three Cessna aircraft operated by Brothers to the
Rescue volunteer pilots who surveyed the seas in search and rescue
missions to assist Cuban dissidents. Deep into international air
space, they were fired upon by the Russian Migs and two of the
Brothers to the Rescue planes were shot down, murdering all pas-
sengers on board.
In response to the Brothers to the Rescue murders, the U.S. Gov-
ernment recognized the need for stronger public policy initiatives
to send a message to Fidel Castro that his governments actions
against the Cuban people and the Brothers to the Rescue pilots
would not be tolerated. Not long after this deplorable act, the legis-
lation I talked about, the Libertad bill, won overwhelming support
in both the House and the Senate and was signed into law by the
President on March 12, 1996.
Since the Libertad Act became law, the Castro government has
continued to commit numerous crimes against its people. In March
of this year, the Cuban police executed a crackdown of over 75 dis-
sidents who were opposed to the regime sentencing the peaceful
oppositionists and journalists to jail for terms ranging from 6 to 28
years for their supposed crimes. If you have any doubts about what
it is like, I wish everyone would read that book Against All Hope
by Armando Voladeres which shows what kind of hell it is to be
in a Castro Cuban prison. In prison, these dissidents have been
savagely beaten and nearly starved to death for merely vocalizing
criticisms of Castro and the Cuban Government.
Seeking to address the current situation in Cuba, last week
President Bush announced that his administration will be under-
taking further initiatives to promote democracy in Cuba. In his re-
marks, he stated that the United States is going to strengthen the
enforcement of travel restrictions to Cuba and increase the inspec-
tion of travelers and Cuban goods entering the country which he
hopes will stunt the growth of the elicit sex trade, a modern form
of slavery that the Castro government has been encouraging. The
President also announced the creation of the Commission for As-
sistance to a Free Cuba to plan for Cubas transition from Stalinist-
like dictatorial rule of Castro to a free and open society.
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The United States is not the only country taking a firm stance
against the Castro regime. The European Union, a group of 15
democratic countries in Europe dedicated to promoting peace and
freedom in the world has recently been reassessing their political,
cultural and business ties with Cuba in light of the recent dissident
crackdown. The EU is currently rethinking the funding they have
been supplying to Castros government for economic and social pro-
grams which has helped to prop up the obviously moribund Castro
regime. The money that goes down there doesnt get to the people;
it gets to Fidel Castro and he uses it as he pleases to prop up his
government.
Facing such scrutiny from concerned nations around the world,
the Cuban Government recently barred a special envoy from the
United Nations Human Rights Commission from visiting the island
to probe human rights conditions and they continue to deny inter-
national committees of the Red Cross to examine the conditions in
Cuban prisons. These arent the actions of a country that has noth-
ing to hide. Not only has the Castro regime stifled efforts to pro-
mote freedom and democracy in Cuba but they have also actively
been involved in the promotion of communism and dictatorships
around the world. Cuba has actively encouraged other nations to
fall under the dictatorial rule of communism.
In an August policy report, the Hudson Institute stated, The
Cuban Government has been providing assistance to the fledgling
Chavez regime in Venezuela to try to turn the current democratic
rule in the South American country into a communist regime. It
has also been concluded recently that Cuba has been jamming U.S.
commercial and governmental satellite transmissions directed at
Iran in an effort to prevent any notion of democracy in the area.
At this time, both Cuba and Iran are pressuring the United Na-
tions to adopt Internet standards so that their governments can
dramatically sensor any information sent to their countries to fur-
ther shield their people from the freedom of the rest of the world.
To gain a greater perspective on the U.S. policy initiatives on
Cuba, we are going to hear from the Honorable Roger Noriega, a
good friend of ours who is also a former very important staff mem-
ber of the Foreign Affairs Committee. He is now the Assistant Sec-
retary of State for Western Hemisphere Affairs. He will be discuss-
ing ways in which President Bushs administration plans to
strengthen the current sanctions placed on Cuba. In addition, he
will speak on how the U.S. Government will assist in the creation
of a democratic Cuba and we hope that comes very soon.
In addition, a representative of the U.S. Treasury Departments
Office of Foreign Affairs, Assets Control is here to explain the cur-
rent economic sanctions on Cuba and how the Treasury Depart-
ment enforces those restrictions. We appreciate that.
The subcommittee will also be receiving testimony from the Hon-
orable Adolfo Franco, Assistant Administrator for Latin America
and the Caribbean at the U.S. Agency for International Develop-
ment. He will discuss how the United States has initiated pro-
grams that have promoted democracy in Cuba and the status of
these initiatives.
To outline the severity of human rights violations in present day
Cuba, representatives of the human rights organization, Amnesty
4
International, Human Rights Watch and the Center for a Free

Cuba are here to discuss their involvement in bringing to light the
abuses that the Cuban people continue to suffer at the hands of
Castro.
Under Fidel Castros rule, Cuba has become a center of poverty
and depression. The Cuban people have been exploited for the last
44 years and are continuously being kept in the dark by the people
whose duty it is to protect them. Now it is time for the United
States to take bolder actions against the Castro regime and to once
and for all bring about a change that will give Cubans that for
which they have been waiting for far too long, and that is freedom.
I look forward to hearing more about the Bush administrations
effort to help Cubans free themselves from the shackles of Castro
and to finally take their rightful place as a bastion of liberty and
democracy in our hemisphere.
[The prepared statement of Hon. Dan Burton follows:]
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Mr. BURTON. With that, Ms. Watson, do you have an opening

statement?
Ms. WATSON. Yes, I do.
Mr. BURTON. Ms. Watson.
Ms. WATSON. Thank you so much, Mr. Chairman.
The Human Rights and Wellness hearing today sends an impor-
tant message on U.S. foreign policy. This hearing will provide more
information about human rights conditions in Cuba and the U.S.
policy that results. Over the years, the overall objective of U.S. pol-
icy toward Cuba has been to help bring democracy and respect for
human rights to the island. There have been two main schools of
thought about how to achieve that objective. The first advocates a
policy of keeping maximum pressure on the Cuban Government
until reforms are enacted, while continuing efforts to support the
Cuban people. The second argues for our constructive engagement
which would lift some sanctions that are hurting the Cuban people
and move toward engaging Cuba in dialog.
Mr. Chairman, I feel that a complete choke hold on Cubas econ-
omy is the wrong approach. The U.S. sanctions of today do not take
into account changes in the worlds power structure. Fidel Castros
government is not in line with, as we know, our U.S. doctrine but
without the former Soviet Union as a partner, the communist
threat has been severely diminished. We can be critical but not
force our will upon other cultures. Continued economic sanctions
perpetuates poor conditions for the general population of Cuba.
I would also like to point out that there are some bright human
rights developments in Cuba in a group called the Varela Project.
The Varela Project is named for the 19th Century priest, Felix
Varela, who advocated independence from Spain and the abolition
of slavery. The project referendum would call for respect for human
rights, amnesty for political prisoners, private enterprise and
changes to the countrys electorial law that would result in free and
fair elections. Thousands of signatures have been collected to date.
I am a proponent of constructive engagement but I have deep
concern over some recent human rights abuses. In March 2003, as
you have heard, the Cuban Government began a massive crack-
down that resulted in the imprisonment of independent journalists,
librarians, leaders of independent labor unions and opposition par-
ties, and other democracy activists, including those supporting the
Varela Project.
Seventy-five activists were arrested, subjected to summary trials
and prosecution and then received long prison terms. On April 11,
2003, the government executed three men who had hijacked a ferry
in an attempt to reach the United States. The executions conducted
after a swift and secret trial had been condemned around the
world. On July 14, 2003, the Havana-based Cuban Commission for
Human Rights, a national reconciliation, issued a report asserting
that Cuba held 336 political prisoners, including the 75 arrested in
the March 2003 crackdown.
Mr. Chairman, human rights issues and their resolutions are im-
portant to the relationship between the United States and Cuba.
The angst between Fidel Castros government and the United
States has continued for far too many years. The Cuban Govern-
ment must bring Cuban legislation in line with international
11
human rights standards so that the human rights of all Cuban citi-
zens are protected.
Cuba is responsible for the treatment of its citizens but the
United States has the responsibility to pursue a foreign policy that
promotes human rights and avoids worsening the human condi-
tions.
I support the investigations of the Human Rights and Wellness
Subcommittee in the pursuit of acceptable guidelines for our rela-
tionships between our different cultures. Today, I am looking for-
ward to the testimony because I feel we can learn from you so that
we can start on a course that will bring about the desired changes
and compromises that each one of our cultures will have to make.
Mr. Chairman, I look forward to the testimony and I yield the
balance of my time.
Mr. BURTON. Thank you, Ms. Watson.
Now, a real good buddy of mine and a fighter for freedom, a
Cuban American of the first magnitude, Ms. Ros-Lehtinen.
Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman. I am
privileged to be a member of your subcommittee and I thank you
for holding this very significant hearing today to discuss the ruth-
less human rights atrocities of the Castro regime and how our Na-
tion should properly respond to them. Chairman Burton is no
stranger when it comes to unmasking the violations of brutal dic-
tators across the world and Dan is a true friend of the Cuban com-
munity in the United States.
I look forward to hearing the testimony of my wonderful friends,
our esteemed guests who have labored over the issue of how to deal
with Castro atrocious actions and how our freedom-loving Nation
should respond to them. Your work in the field of human rights
demonstrates the symbiotic relationship that the governments hold
with the community. We thank you gentlemen for being here today.
Ambassador Roger Noriega, the Honorable Adolfo Franco and Rich-
ard Newcomb, you are wonderful representatives of our Govern-
ment. You serve the President well. You know the intricacies of the
U.S.-Cuba policy and indeed the policies that we should have for
the entire hemisphere and it is always a pleasure to hear from you
and to know that you are always monitoring what actions we can
take to help the people of Cuba.
As all of us know, Mr. Chairman, brave men and women all
across Cuba have endured appalling human rights abuses through-
out Castros repression. Even as we meet here today, courageous
advocates suffer in jail for speaking their mind and for advocating
merely for liberty and freedom, things that we take for granted.
Brave Cubans such as, Oscar Elias Biscet, Marta Beatriz Roque, an
independent economist and leading pro-democracy advocate, are
being sentenced to harsh prison terms of 20 years. Marta Beatriz
Roque had previously spent nearly 3 years in prison for publishing
along with three other of her colleagues the paper calling for demo-
cratic reforms, that is all. Independent journalists like Fraon
Rivero, dean of the Independent Dissident Journalists, was sen-
tenced to 20 years. Fellow journalists including Ricardo Gonzales
Alphonso, Hector Gutierrez also received 20 year sentences. Other
victims of this wave of repression included Jose Daniel Ferrar, a
member of the Christian Liberation Movement whose penalty was
12
increased to death for a special request by the puppet whom the

regime has as the presiding judge. There are also independent
union labor leaders such as Oscaros Pinosa Chepe, Manuel
Vasquez Portal, Nelson Moniet Despino and Nelson Alberto Ariel.
Mr. Chairman, the list of names seems endless as the daunting
reality of what the dictatorship has done sinks into our conscious-
ness. Every day more and more opposition leaders are sentenced to
languish in terrible jail cells and subjected to the most inhumane
and degrading treatment. Their bodies are week, they are rapidly
deteriorating but their courage, their spirit and their commitment
to free Cuba from its enslavement is stronger than ever. The people
of Cuba deserve a democracy, Mr. Chairman. They deserve free-
dom, they deserve that we help them accomplish that goal. We can-
not and indeed must not remain silent. We cannot and must not
be indifferent to the anguish and misery endured by the Cuban
people just 90 miles off the shores of the hands of the depraved and
cruel dictator and his agents of terror.
The purpose of this hearing is to address the proper response
that our Government should take to these ongoing human rights
violations in our hemisphere, to address the suffering and the pain
that occurs every day on the island of Cuba and to address the
means and how to assure that the dictatorship of Castro under-
stands that our Nation takes these abuses seriously and will not
allow violations of human rights to go unpunished.
Mr. Chairman, as you know, because it is your bill, and the pro-
visions of the Libertad Act which you co-authored and co-wrote, al-
lows our Government to address the lingering pain of the Cuban
people. Provisions that restrict the travel of Cuban officials to the
United States or that withhold aid to governments that are provid-
ing assistance to or engaging in non-market-based trade with Cuba
should be thoroughly enforced by our Government. We must ensure
that all of the provisions of the Helms-Burton Act are enforced.
These provisions were pushed by the leadership of my good friend,
Chairman Burton, and it encourages a resilient Cuban people to
believe in the possibility of a free Cuba. Indifference breeds evil.
Indifference is the enemy of freedom. Indifference helps cloak the
deplorable actions of tyrants. Let us not become indifferent to the
plight of our fellow Cuban brothers and sisters and seriously take
a look at what our Government can and should do to promote free-
dom in Cuba.
As you said, Mr. Chairman, liberty and freedom-loving Cubans
have been engaged in a long fight for their island. It is important
to remember these brave souls and their just cause. I affirm to you
that I will continue to work on behalf of not only Cubans who suf-
fer at the hands of a cowardly dictator but of all people who are
persecuted and prosecuted for their beliefs and faith and the won-
ders of liberty.
I would like to submit for the record, two letters that I have dis-
cussed with the administration that provide recommendations for
the vital issues we have discussed here today.
Mr. BURTON. Without objection.
[The information referred to follow:]
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Ms. ROS-LEHTINEN. I thank the chairman for this opportunity

and look forward to hearing from our esteemed guests on an issue
that is true to my heart. I want to thank David Mulcher who is
also here and who does his job so well and helps so many folks in
Cuba who are suffering. I want to recognize his good work as well.
Thank you, Mr. Chairman.
Mr. BURTON. Very good.
We have with us, as mentioned. the Honorable Roger Noriega,
the Assistant Secretary for the Western Hemisphere from the State
Department; the Honorable Adolfo Franco, the Assistant Adminis-
trator for Latin America and the Caribbean, USAID; and Mr. R.
Richard Newcomb, Director, Office of Foreign Assets Control, U.S.
Department of Treasury.
I know this isnt necessary but this is a tradition, but would you
rise so we can swear you?
[Witnesses sworn.]
Mr. BURTON. Secretary Noriega, we will start with you.
STATEMENTS OF ROGER NORIEGA, ASSISTANT SECRETARY

FOR THE WESTERN HEMISPHERE, STATE DEPARTMENT;
ADOLFO FRANCO, ASSISTANT ADMINISTRATOR, LATIN
AMERICA AND THE CARIBBEAN, USAID; AND R. RICHARD
NEWCOMB, DIRECTOR, OFFICE OF FOREIGN ASSETS CON-
TROL, U.S. DEPARTMENT OF TREASURY
Mr. NORIEGA. Thank you very much, Mr. Chairman.
I have a written statement that I would like to have submitted
for the record of this hearing and I want to thank you very much
for inviting us to discuss U.S. policy toward Cuba. I am delighted
to have an opportunity to address this important topic. I am a little
intimidated to be addressing a topic about which the members of
this committee know so much. Nevertheless, we welcome the oppor-
tunity.
The climate for Mr. Castro is changing dramatically. Just a few
days ago, a trendy crowd in Paris, including actress Catherine
Deneuve and director, Pedro Almodovar, was chanting, Cuba, si.
Castro, no. When the Bush administration and the French Com-
munist Party both condemn Castros repression, we know that Cas-
tro is in very deep trouble. How did we get here?
First, President Bush is committed to a rapid, peaceful transition
to democracy in Cuba. This administration has extended more ma-
terial support and more moral support to the opposition than ever
before. We have encouraged our European allies to step up their
contact with dissidents. Just last Friday, the President announced
several new initiatives which we will describe in some detail to en-
courage a free and democratic Cuba.
The President has dashed Castros hopes for an accommodation.
The President has unambiguously pledged to veto any embargo
busting bills. Castros escape route, using U.S. tourist dollars or di-
rect U.S. financing to prop up his police state, has been cutoff. Cas-
tro also understands that he dare not use the desperation of the
Cuban people trying to free his tyranny in order to blackmail the
United States. We have told the Cubans that any political manipu-
lation of a mass migration of Cubans to the United States would
20
be considered a hostile act. There is no escape route for Mr. Castro

and there is no blackmail.
There is a growing international consensus on the nature of the
Castro regime and the crying need for change. The critical factor
in the coalescence of this unprecedented multilateral consensus on
Cuba was the March crack down on civil society. The regime is in
the fight of its life and it is a fight it will lose. As former Eastern
European Presidents Vaclav Havel, Arpad Goncz and Lech Walesa
recently said, even in the wake of repression, the voices of free-
thinking Cubans are growing louder. That is precisely what Castro
and his government must be worried about. That repression pro-
voked our European and some Latin American allies to denounce
the regime in some of the most dramatic and compelling terms
ever.
As the committee is well aware, the right of U.S. nationals that
own claims to confiscated property in Cuba, to bring suit under
Title III of the Cuban Liberty Democratic Solidarity Act may be
suspended for 6 month periods only if the President determines the
suspension is necessary to the national interests of the United
States and expedite a transition to democracy in Cuba.
In justifying previous waivers, this administration has cited the
growing international consensus to bring pressure for real change
in Cuba. Much has been accomplished this year in this regard. The
European Union and the European Unions Council of Foreign Min-
isters joined by most of the member governments individually con-
demned the arrests of the 75 Cuban dissidents and called for their
release. The EU has increased its contacts with the Cuban dis-
sidents despite the strong objections of the regime.
There have been actions taken in our hemisphere including the
May declaration by 17 OAS member states citing the arrest of 75
Cuban prisoners of conscience. Latin American nations led the ef-
fort to pass a resolution on Cuba at the U.N. Human Rights Com-
mission and we would hope for strong, clear leadership on that
same subject not only in the U.N. Human Rights Commission in
Geneva, but in the context of the Ibero-American Summit which we
held this November in Bolivia.
The effectiveness of the Helms-Burton Act, particularly Title III
and Title IV is clear. Foreign investment in Cuba is tailing off, par-
tially because Cuba is bad for business and partially because of the
dissuasive impact that Helms-Burton has had on potential inves-
tors. As you know, Mr. Chairman, the Cuban regime controls the
economy and is the only real employer on the island. From its care-
fully controlled investment and joint ventures, these have been
very poor and risky investments. Of the 540 joint ventures formed
since the endeavors were legalized more than 20 years ago, only
397 remained by the end of 2002. The number of joint ventures
formed each year has been steadily declining since 1996, the year
the Helms-Burton Act was passed, an increase of a mere 25 such
ventures in the last 7 years since Helms-Burton was approved by
Congress. The trend lines for new investment are dropping and we
believe one reason why is the continued pressure on foreign firms
not to traffic in confiscated property. It is clear that with Castro
there can be no real reform in Cuba.
21
President Bushs initiative for a new Cuba challenged the Cuban

Government to undertake meaningful political and economic re-
forms and the regime has responded with more repression. Fidel
Castro is not interested in change; however, we are. Toward that
end, we are maintaining support for civil society, working to break
the information blockade imposed by Castro, maintaining inter-
national momentum for real reform, keeping up the pressure on
human rights and confronting trafficking by foreign corporations
and properties confiscated by the regime from Americans.
Our policy is to engage the 11 million other people in Cuba who
want to be free, not the regime that denies them this essential
right. Our policy is not to punish the Cuban people but to break
the stranglehold of the Cuban dictatorship on the Cuban people.
President Bush outlined some initiatives on October 10 as part
of a process of increasing our support for sweeping change in Cuba.
On October 10, the President spoke of his commitment to breaking
the information blockade imposed by the regime. The President an-
nounced three important new initiatives to support our solidarity
with the Cuban people and to help them achieve a democratic tran-
sition. Those initial steps include the formation of a Commission
for Assistance to a Free Cuba, co-chaired by Secretary Colin Powell
and Mel Martinez, the Secretary of Housing and Urban Develop-
ment and comprised of U.S. executive branch agency representa-
tives to help prepare the U.S. Government to provide effective as-
sistance to a free Cuba.
The groundwork for this sort of process is laid by Title II of the
Helms-Burton Act and the aim is to deal effectively and decisively
in a transition period to ensure that the cronies of Fidel Castro
cannot hold on to power and to ensure that there are no accom-
modations with cronies of the Castro regime that try to hold the
apparatus of his dictatorship together even after he is gone. We
need to be prepared to move effectively, decisively and to offer the
Cuban people the opportunity for real reform.
That, Mr. Chairman, is one of the key reasons for maintaining
the U.S. embargo. The question today isnt imposing the embargo.
The question today is how you go about lifting it as a unilateral
concession to a dictator who is drawing his last breath or do you
use it as leverage with a transitional government to make sure
that the economic and political reforms are sweeping enough, deep
enough that they sweep away all traces of Castros regime.
We also want to enforce our travel restrictions, enforce U.S. law.
Better enforcement of travel restrictions will make it more certain
that permitted travel for Americans is not abused. Enforcement
agencies already are increasing inspections of travelers and ship-
ments to and from Cuba and target those who are illegally travel-
ing to Cuba via third countries and on private vessels.
On the migration issue, the U.S. Government must improve the
way it identifies and protects those who face persecution in Cuba
and provide them with an opportunity to come to the United States
safely. We need to resume full monitoring and we will resume full
monitoring of all returned migrants and to hold a new lottery
whether the regime approves it or not to replenish the data base
of Cubans who wish to leave Cuba legally and safely.
22
We are also stepping up freedom broadcasting, making sure that

radio and TV Marti is professional and delivers an effective mes-
sage that reaches the Cuban people and overcomes the jamming of
the Castro regime.
Mr. Chairman, in conclusion, this is a crucial time for the cause
of a free Cuba. Some of our efforts including the pressure under
Helms-Burton are bearing fruit. Also, our allies, especially in Eu-
rope, see the regime for what it is finally and are insisting on
democratic change like never before. Even more encouraging is that
Cubans of conscience with a commitment to democracy and reform
are working day by day for change. The Bush administration will
work with you to do everything we can to support these people.
The best news is the crackdown did not crush the opposition but
rather imbued the remaining activists with a new sense of urgency
and purpose. Oswaldo Paya has reconstructed his network of civil
society activists and in a real act of defiance recently delivered
more than 13,000 additional signatures to the regime demanding
the right to a vote on their own future. Oscar Elias Biscet, Marta
Beatriz Roque and Raul Rivero are in jail for daring to think about
the future in defiance of a dictatorship trapped in the past. Presi-
dents Vaclav Havel, Arpad Goncz and Lech Walesa recently wrote,
as I cited earlier, The regime is getting nervous. It has reason to
be nervous, confronted with a growing civil society, confronted with
international condemnation and tough measures to ensure that for-
eigners do not do business with the Cuban regime by trafficking in
property stolen from U.S. nationals.
President Bush is committed to seeing the end of the Castro re-
gime and just as importantly, dismantling the apparatus that
keeps him in power. We are preparing for a day when Castros re-
gime and its repression are no more.
Thank you very much, Mr. Chairman.
[NOTE.The information referred to may be found in subcommit-
tee files.]
[The prepared statement of Mr. Noriega follows:]
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Mr. BURTON. Thank you, Mr. Secretary.

Mr. Franco.
Mr. FRANCO. Thank you for this opportunity to testify on behalf
of the U.S. Agency for International Development concerning the
continuing human rights violations of the Castro dictatorship in
Cuba and the importance of a vigorous international response on
behalf of the Cuban people.
I would request that my full statement be included in the record.
Before proceeding to my prepared remarks, as Assistant Sec-
retary Noriega noted, this is a difficult committee before which to
testify because you are all so well informed on the issue, but it is
also a pleasure. I want to commend you, Mr. Chairman, for your
leadership over the years in continuing to put the necessary pres-
sure on the Castro regime. I think your statement was comprehen-
sive, articulate and certainly reflects the views of the Bush admin-
istration.
It has been a pleasure to work with Ms. Ros-Lehtinen who has
been a stalwart leader on these issues. Your statement and your
continuing support for Section 109 and the important work that
USAID is doing to provide information on democracy and human
rights in Cubawhich I will discusshas been indispensable.
Ms. Watson, you and I traveled with Chairman Hyde last year
to Europe and I remember your commitment when we had discus-
sions on human rights and I fully share your enthusiasm for the
Veletta project and also as you said, the United States has a re-
sponsibility to promote human rights. I would like to discuss what
we are doing to accomplish that goal which we share.
In his testimony this afternoon, Assistant Secretary Noriega has
well described the increasingly repressive measures taken by the
Cuban State to stifle the growing civil society movement in that
country. The summary executions of three young men, as Ms. Wat-
son noted, who simply tried to escape repression. The imprison-
ment of more than 75 new political prisoners whose only crime was
to peacefully pursue their basic human rights in my view illus-
trates the true nature of the tyrannical Castro regime.
These acts of the Cuban Government are outrageous and inde-
fensible but unfortunately, they are not new. Fidel Castro has sys-
tematically repressed the Cuban people for the past 44 years as the
chairman noted. What is new is the growing strength of Cubas
peaceful democratic opposition. Congresswoman Watson alluded to
the Veletta Project as an example of that growing movement.
Make no mistake about it, an independent civil society has begun
to emerge in Cuba and it deserves the support of free people every-
where. Certainly we in the U.S. Government and the American
people must do what we have always done and that is to hold high
the banner of freedom and keep the flame of liberty alive. One of
the things I recall that Soviet dissidents talked about is they al-
ways saw the West as that bright light and they never lost hope
because as Congresswoman Ros-Lehtinen has noted, indifference
does breed evil.
Since passage of your bill, Mr. Chairman, the Helms-Burton Act
of 1996, the U.S. Agency for International Development has been
instrumental in working closely with the State Department and
other U.S. non-governmental organizations to promote a rapid,
45
peaceful transition to democracy in Cuba. We have done so by in-

creasing the flow of accurate information on democracy, human
rights and free enterprise to, from and within Cuba. I wish to note
for the record this information is not U.S. Government information
but information that is freely available in our country and in the
West and includes work such as books by Martin Luther King.
As authorized by Section 109 of the Helms-Burton law, USAID
has provided $26 million over the past 6 years to U.S. non-govern-
mental organizations to do the following. First, build solidarity
with Cuban human rights activists; second, give voice to Cubas
independent journalists; third, to defend the right of Cuban work-
ers; fourth, to develop independent Cuban non-governmental orga-
nizations; and last, to provide direct outreach of information to the
Cuban people.
Despite the active opposition of the Cuban Government, USAID
grantees have delivered more than 150,000 pounds of food and
medicine to the families of political prisoners and other victims of
repression in Cuba. USAIDs grantees have also provided more
than 10,000 short wave radios to the Cuban people. This enables
them to listen to not only TV Marti and the Voice of America but
to the BBC, Radio Netherlands and other uncensored international
broadcasts.
USAID grantees have also sent the Cuban people more than 2
million books, newsletters, video cassettes and other informational
materials concerning democracy, human rights, free enterprise, and
literature, simple things such as literature. In addition, USAID
grantees have published worldwide more than 9,000 reports coming
from Cubas own growing independent journalist movement.
Most important, in my view, USAID grantees disseminate these
reports in hard copies throughout Cuba so that the Cuban people
from one end of the island to the other can learn the names of
Cuban opposition leaders, debate their ideas and draw strength
from their courage.
Mr. Chairman, as you know, the Cuban people suffer the most
basic deprivations of body as well as spirit because of the failed
policies of the Castro regime. As an example, President Bush has
repeatedly offered emergency food and humanitarian assistance to
the Cuban people. Fidel Castro has always rejected that assistance.
Castro not only denies the Cuban people the right to vote, the right
to read and the right to speak, but he also denies the Cuban people
the right to eat.
Castro blames all of his governments failed economic policies on
the U.S. embargo but it is not U.S. policy, Mr. Chairman, which
is responsible for the dismal failure of Cuban agriculture and its
inability to feed its own people. A country rich in agricultural po-
tential with plentiful supplies of labor cannot supply its own popu-
lation with meat and has imported most of its rice, beans and even
fish for the past 40 years.
The United Nations Food and Agricultural Organization, the
FAO, estimates that 13 percent of the Cuban population is chron-
ically undernourished. The World Food Program has found some
serious deficiencies in dietary intake in eastern Cuba where the av-
erage diet provides less than 80 percent of the minimum level of
46
proteins, less than 50 percent of the necessary fats and insufficient

vitamin and mineral intake for sustained health.
As President Bush said on October 10, Clearly the Castro re-
gime will not change by its own choice but Cuba must change. In
announcing new initiatives to hasten the arrival of a new, free,
democratic Cuba, President Bush announced that he will establish
a Commission for Assistance to a Free Cuba to plan for the happy
day when Castros regime is no more and democracy flourishes on
the island. Assistant Secretary Noriega has outlined the purposes
of the Commission.
Mr. Chairman, I wish to take this opportunity to thank you for
your continued support and that of the committee for USAIDs ef-
forts to promote rapid, peaceful transition in Cuba and I again
wish to thank you for the opportunity to appear before the commit-
tee this afternoon.
I welcome any questions you and the other distinguished mem-
bers of the committee may have for me.
[The prepared statement of Mr. Franco follows:]
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Mr. BURTON. Thank you very much, Mr. Franco.

Mr. Newcomb.
Mr. NEWCOMB. Thank you, Mr. Chairman and members of the
committee. I am pleased to be here this afternoon.
With your permission, I would like to enter my full statement in
the record and briefly summarize my remarks.
Todays hearing is especially timely. Last Friday, Assistant Sec-
retary Noriega and I joined President Bush in the Rose Garden
where he announced a number of new initiatives to assist the
Cuban people in their struggle for democracy and to prepare for the
happy day when Fidel Castros tyrannical regime falls and the
Cuban people can at last know freedom. In his speech, the Presi-
dent called for increased enforcement of travel restrictions to en-
sure that permitted travel to Cuba such as visits to relatives or hu-
manitarian missions are not abused for illegal business trips or
tourism.
Mr. Chairman, while illegal travel to Cuba, especially tourist
travel, may seem harmless, it is in fact an important source of rev-
enue for the Castro regime. A dollar paid to a tourist hotel in Cuba
goes mostly to the regime, leaving only pennies and worthless
pesos for the workers. Tourist dollars provide vital hard currency
that Castro and his cronies use to continue to oppress Cuba. Presi-
dent Bush said it best on Friday, Illegal tourism perpetuates the
misery of the Cuban people.
The Office of Foreign Assets Control looks forward to working
with the Departments of State and Homeland Security to answer
the Presidents call to step up the enforcement of illegal travel to
Cuba and to deny Fidel Castro the financial wherewithal to perpet-
uate the disparities visited on the Cuban people for more than four
decades. As in the past, we will work closely with the Department
of Homeland Security, Bureau of Customs and Border Protection at
all ports but in particular, JFK, LAX and Miami where charter
flights to Cuba operate under OFAC license. We will also coordi-
nate closely with Homeland Security at other locations used by un-
licensed travelers and remittance couriers to travel to and from
Cuba via third countries. In addition, we will also enhance our in-
vestigation and enforcement efforts against individuals and compa-
nies that provide travel and remittance services to Cuba without
a proper license.
Already in response to the Presidents announcement, Customs
and Border Protection inspectors have stepped up their efforts in
examining nearly all the charter flights departing from Miami.
OFAC personnel will work closely with Homeland Security to have
similar levels of scrutiny at other ports of departure to Cuba, JFK,
LAX and the other locations in the United States and abroad used
as third country transit points by Americans for travel to Cuba.
In one operation just this last weekend, inspectors seized ap-
proximately $10,000 in unlicensed currency from a charter flight
passenger. I am also pleased to report that just this afternoon, we
at Treasury hosted an interagency meeting with Homeland Secu-
rity, State Department, Commerce and the U.S. Coast Guard offi-
cials to develop an effective enforcement strategy to ensure that
this program is implemented fully and effectively on a nationwide
basis. We will provide training, advice and assistance to inspectors
52
at all affected U.S. ports. We have procedures in place with Home-

land Security to receive currency seizure reports and to take appro-
priate penalty action against violators and work with our inter-
agency partners to refine enforcement strategies and operations to
achieve maximum results in coordination with the U.S. attorneys
identifying promising cases for criminal prosecution of embargo vio-
lations.
With regard to licensing, we eliminated altogether a category of
travel related to non-accredited educational exchanges where li-
censes were largely being abused to pursue tourist activity. Follow-
ing through on a commitment I made at a congressional hearing
last year, we published in the Federal Register the comprehensive
guidelines for license applications to engage in travel-related trans-
actions involving Cuba on our Web site in April of this year, pro-
viding clearly articulated criteria for applying for licenses pursuant
to each of 11 categories of activities for which specific license may
be granted. Examples offer include additional guidance to appli-
cants in furtherance of our goal to promote transparency and un-
derstanding by the public of our administrative process. Criteria
set forth in these guidelines seek to more strictly define licensing
parameters and criteria and to ensure that existing policy is clear
and properly carried out through our licensing process. In particu-
lar, these guidelines seek to eliminate the abusive practice of allow-
ing unaffiliated persons to travel under a license issued to another
party and ensure that there exists a sufficient nexus between the
qualifications of persons traveling under the authority of a license
and the full-time agenda of authorized activities they will engage
in while in Cuba.
We will continue to monitor activities of licensed travelers to en-
sure that conduct does not deviate from that which has been au-
thorized. Licenses themselves may also be suspended and revoked
with their parameters are not met or are otherwise violated.
At OFAC, we are also involved in the process of carrying out a
statutory mandate involving the initiation of hearings before ad-
ministrative law judges on the imposition of civil penalties for en-
gaging in unauthorized travel related transactions. I have for-
warded just recently more than 50 hearing requests to the Treas-
ury General Counsels Office for hearings before these ALJs. In
short and in summary, we at OFAC are well positioned to imple-
ment fully and with alacrity the new enforcement policy announced
last week by the President.
Thank you, Mr. Chairman. I look forward to any questions you
may have.
[The prepared statement of Mr. Newcomb follows:]
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Mr. BURTON. Thank you, Mr. Newcomb.

You are going to try to clamp down on tourism through third
countries, is that correct?
Mr. NORIEGA. Yes, sir, that is the plan. It is well known that
many people travel going through Mexico, Central American flights
or Caribbean flights travel to Cuba in contravention of travel re-
strictions. We will be taking steps and perhaps Mr. Newcomb can
address this more explicitly, taking steps to inspect persons who
are returning to the United States from these locations.
Mr. BURTON. How do you do that? Do they stamp the visas when
they go into Cuba?
Mr. NORIEGA. It is my understanding that generally they dont.
You can inspect persons, run them through Customs.
Mr. BURTON. So it would be hard to have documented evidence
if they went to Cuba than if you had some visual evidence. How
do you catch them?
Mr. NORIEGA. Perhaps Mr. Newcomb can address it but you can
do Customs inspections.
Mr. NEWCOMB. Just this afternoon, we had a fairly detailed dis-
cussion of exactly that issue. I dont want to go into too much detail
lest I reveal sources and methods of law enforcement type activi-
ties. As information comes in, we are going to work with Homeland
Security to make sure these third country ports are flagged for
Homeland Security so that we have good information of where to
deploy people and resources.
What is interesting is there are Web sites from non-U.S. service
providers who seek to alert people where it is a safer place to go,
so we are going to be mindful of these Web sites as well and work
smart with each other to ensure if we need to deploy enforcement
personnel or to look at one port as opposed to another, we are sort
of on the spot and are able to respond effectively.
Mr. BURTON. So you are going to use the Internet and other
things to catch them?
Mr. NEWCOMB. We are going to try to stay as smart as they are.
We are going to try to put plugs where the plugs need to go.
Mr. BURTON. I have one more question for you, Mr. Noriega.
Title III, you knew I was going to ask about that. We put that in
there to put the hammer on people doing business in Cuba, buying
and selling property confiscated by the Castro regime. President
Clinton and now President Bush chose not to utilize Title III. Can
you tell us if the President plans to use it or will he use that if
necessary even though he did waive Title III?
Mr. NORIEGA. Yes, the President has this discretion to waive it
every 6 months to extend the waiver. He would have to make a
judgment and justify that judgment in a statement to Congress jus-
tifying his decision every 6 months. The purpose of my testimony
this afternoon in part was to lay out the rationale for waiving it
inasmuch as the international community is more active than ever
in criticizing the Castro regime. Recognizing that Castro is the
problem, I think part of the reason they are willing to do that is
that President Bush has, through the initiative for a free Cuba,
drawn Castro out in the open and not taken what one would regard
as the usual, sort of punitive measures against the regime but
rather, challenge the regime to take some positive steps and we
74
would respond with some positive steps as well. So we have sort

of depolarized the issue. There is no longer a U.S.-Cuba confronta-
tion and there is no longer an excuse for countries in the world to
ignore Castros abuses by simply saying the reason for this is U.S.
policy because President Bush has challenged him and said we
would make adjustments in the embargo if the regime would too.
I think the President created this new environment and if we
were to allow lawsuits to be filed under Title III, let the waiver
lapse or not renew the waiver, I think precisely the opposite would
happen. We would see countries which ironically are among some
of the key proponents of change in Cuba, which might be adversely
affected by a Title III decision abandon their efforts on behalf of
a free Cuba. So from the point of view of the State Department,
we think it is more justifiable than ever to continue that. However,
it is the Presidents judgment and he has the right and obligation
to review that policy decision every 6 months.
Mr. BURTON. You dont have to respond to this but I hope those
people who had their property stolen by Castro and resold under
long term leases, I hope the day comes that they can get restitution
for the theft of their property by this tyrant.
Mr. Newcomb, the Office of Foreign Assets Controls is charged
with enforcing economic and trade sanctions against Cuba. They
have been in place since 1962. In your opinion, how effective have
those sanctions been in prevention of illegal trade and travel to
Cuba?
Mr. NEWCOMB. Mr. Chairman, in my opinion they have been
very effective. We have a comprehensive economic embargo in place
that applies to all U.S. persons wherever in the world located. It
is my opinion that U.S. companies around the world understand
this and take a very hands-off view toward Cuba.
Of course there are always things we can do better and enforcing
the travel ban and certain activities relating to remittances as an-
nounced by the President are things we are focusing on in particu-
lar, including those steps that I just laid out earlier this afternoon
and developing other strategies to plug holes where people are tak-
ing advantage.
Coming back to my initial answer to your question, as far as the
international trade community, the U.S. trade community, they are
very aware there is this program in place and they are aware of
the enforcement actions that will happen in the trading environ-
ment and are taking appropriate action not to find themselves in
the cross hairs of an enforcement activity.
Mr. BURTON. Mr. Franco, when the administration creates this
new Commission for the Assistance to a Free Cuba, do you know
what role USAID will be playing?
Mr. FRANCO. I understand the President just announced that on
October 10 but the announcement was just of the co-chairs.
Mr. BURTON. So you havent been charged yet?
Mr. FRANCO. I have a very close working relationship with As-
sistant Secretary Noriega and other colleagues at State and I know
the future assistance and transition activities in Cuba will be im-
portant for USAID. The Administrator, Andrew Natsios, has writ-
ten extensively about the need to prepare for a humanitarian re-
sponse upon the collapse of the regime prior to assuming his post
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as Administrator. I have worked with my colleagues and as that

is developed, I believe USAID will be called upon to be of assist-
ance.
Mr. BURTON. Ms. Watson.
Ms. WATSON. I want to thank all three of you gentlemen for com-
ing and sharing with us what you know of your policies and your
plans, your proposals. I took a trip to Cuba. We had 6 hours with
Fidel Castro. I found him to be one of the most intelligent world
leaders today. He can talk on any subject that was raised. We
spent our time talking about how we would improve the quality of
life for the people of Cuba. We talked about infant mortality. He
did a statistical equation down to 0.769. I made note while he was
talking. One of our members had been in the Peace Corps in
Medellin, Colombia and gave us the history of Government in Co-
lombia. When I told him I represented Hollywood and I would like
to take him around and show him, he said, can you get me a star
on the Walk of Fame. When Carol King introduced herself as a
songwriter, he said, Yes, Tapestry, the longest selling album ever,
8 weeks No. 1 on the charts. I said to him, Did you do a CIA
check on each one of us?
So I thought the way to deal with this person is through the
positive kinds of things that he envisioned for his people. He told
us about sending 56,000 Cuban trained doctors who have to com-
mit to 2 years service in developing countries. He talked about try-
ing to find a way to educate the disabled, the developmentally dis-
abled people, the mentally ill people and so on. We spent 6 hours.
So I guess I would ask this to Deputy Secretary Noriega. Is there
a possibility through the Department of State that we could have
a conference with Fidel Castro here on U.S. property where we
could talk to him about mutual goals because the goals he said he
had for his people were the goals we have for ours. However, what
he does, and I was very, very disappointed to find out how he
cracked down on journalists and the executions. I said, how can we
help you? These things happened after we left there.
However, could we appeal to his intellect? We went out on the
communes. We went to the medical school. I stopped people I saw
walking around and talked with them. I saw no homelessness and
I didnt see too many starving people, so something is going on
there. Could we have a conference? If we can sit down and talk
about how we are going to get allies to support us in trying to re-
build Iraq, could we not try to rebuild Cuba by holding a con-
ference of some of our allies and some of his and see if we could
talk sense? He is a brilliant mind. If none of you have met him,
you ought to. I just think there is a different approach we could
use with him.
I am not forgiving the atrocities. I understand but I think there
is a way to get to this man because he said to us, listen, on Sep-
tember 11, I offered you landing space, places to land. When we
brought all our aircraft down, he said, I offered you they could land
here in Cuba. He also said, think of what we could do together in
interdiction because all the boats come through this channel up to
the United States with drugs and that scored with me. I said
maybe we could work out something with this guy.
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What are the possibilities of holding a conference, bringing him

on our turf and seeing what we can do to change what actually is
occurring that confronts the goals that I am sure he wants to reach
with communism. What can we do and have you thought about it?
Mr. NORIEGA. Representative Watson, I think there is very little
we could do to help him reach his goals for communism because it
is a failed experiment that is doomed to fail. I would shudder to
think that the goals he has for his people are the goals we have
for our people because his people are trapped in a dictatorship with
absolutely no rights where people are subject to the whim and arbi-
trary abuse of power by this dictator.
Incidentally, among the charges for which dissidents are now
serving long prison sentences was meeting with members of the
U.S. Congress, carrying on this precise sort of dialog you are talk-
ing about. I would suggest that the real dialog that is necessary is
Castro with his own people.
Ms. WATSON. Would you yield for a minute?
Mr. NORIEGA. By all means, yes.
Ms. WATSON. Can you get to what I am proposing? What do you
think about bringing him here, inviting him to come here and sit-
ting down? Let us not talk about the form of government because
I dont think we have the right to impose our form but have you
thought about sitting down with this person directly?
Mr. NORIEGA. Representative Watson, I think that would be
Ms. WATSON. Have you thought about it?
Mr. NORIEGA. I have thought about it and I dont think much
about it. I think it would be a colossal waste of time because I dont
think Castro is interested in changing at all.
Ms. WATSON. You gave me the answer that I was seeking.
Let me ask what do you think we could do to improve the life
of the Cuban people? What could we actually do?
Mr. FRANCO. First, Congresswoman Watson, I just want to con-
cur fully with Secretary Noriega. With respect to what we can do,
the question should be more importantly what Fidel Castro can do.
Ms. WATSON. No. No. I asked the question that way because I
want you to think along with me. We were told, and I dont know
how true this is, that there have been 650 attempts on his life.
Mr. FRANCO. I dont know about that.
Ms. WATSON. I am not thinking of a punitive approach. That is
why I am asking you. I am going to go down the line. What can
we do to improve the quality of life for the Cuban people?
Mr. FRANCO. As a starter since my responsibility is from the de-
velopment standpoint and you mentioned you didnt see any starv-
ing people or homeless people in Cuba, in my testimony I refer to
statistics provided by the World Food Program and the FAO. Those
are not U.S. Government controlled organizations by any stretch of
the imagination. They are U.N. organizations. They have statistics
and I would like to meet with you privately, if you like.
Ms. WATSON. Have you been there yourself?
Mr. FRANCO. No, but I am relying on the studies by the United
Nations organizations that have been there for long periods of time
and have done the studies. They are FAO and World Food Program
studies which we and the other developed countries of the world
rely on. To my knowledge, I dont think anyone has challenged
77
those statistics but they are alarming in terms of the deficiencies

in Cuba.
If Fidel Castro is really concerned about the well being of the
Cuban people, this administration offered $35 million in humani-
tarian assistance after Hurricane Michelle to Cuba, directly to the
Cuban people and that was rejected by the Castro regime. So what
we can do is largely limited because of the intransigence, the im-
pediments and obstacles places by the government in the way.
Ms. WATSON. Do you want to tell me what we can do?
Mr. FRANCO. What we can do is what we are doing, promoting
free thinking in Cuba, we are providing food and medicine to peo-
ple in Cuba who are doing everything they can to bring about
change on the island. What we cannot do and what we will not do
is help the Government of Cuba.
Ms. WATSON. Please, please, dont take me there. I know all of
that. I am trying to see if you have any imagination about what
we might be able to do for the people. You answered part of the
question.
Mr. NORIEGA. May I address that same question?
Ms. WATSON. Yes. I wanted to hear from Mr. Newcomb.
Mr. BURTON. Mr. Newcomb, she addressed that question to you.
Mr. NEWCOMB. I am sorry, could you repeat your question?
Ms. WATSON. Yes, very simple. What can we do to help the peo-
ple of Cuba?
Mr. NEWCOMB. Let me make a few observations. Again, I am
charged with enforcement of the embargo not with policy. I cer-
tainly associate myself with the comments of Mr. Noriega. The ob-
servations I have are built on the wealth of experience I have had
over the years of hearing people that are applicants for licenses,
people in congressional hearings and so forth.
My guess is you saw what Fidel Castro wanted you to see. People
that go to the tourist hotels see what he wants people to see. There
is still an oppressed class that people dont see. We have had many
programs. We have had people to people exchanges; we have had
support for the Cuban people but what this boils down to is work-
ing through a government channel. Everything has to go through
him. He controls everything. He controls the thought, he controls
the agenda. We have tried this numerous times, programs going
back years, to try to get things like you are speaking about and
people to people, it doesnt end up that way. It ends up people to
government. Support for the Cuban people ends up support for the
Cuban Government. He is in the middle of it all.
That would be my initial reaction to your thoughts.
Mr. BURTON. Thank you, Mr. Newcomb.
We will come back if you have more questions, Ms. Watson.
Ms. Ros-Lehtinen.
Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman, and I
thank the witnesses here today for your testimony. I regret that
after this brief exchange I have to go to a subcommittee hearing
on Iraq, so I will not be here for the second panel. I apologize for
that.
As you gentlemen know, because you are very familiar with
Cuban policy, you are the experts, my congressional district has a
very high number of Cuban Americans, a high number of people
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who come from the island of Cuba. I dont need to go to the island
of Cuba to know what is going on there because it is in my district.
They literally are dying to come to the United States. After 44
years of dictatorial rule of Fidel Castro, the Cuban people still love
the United States, even though they have been hearing this propa-
ganda for all these years because they know the United States is
their friend, they know here they have freedom, they have hope,
they have opportunity, they have democracy. I know about the situ-
ation in Cuba without reading the reports that Mr. Franco has re-
ferred to and they are impartial reports. I know that the Cuban
people are hungry, malnourished, have inadequate health care be-
cause those are my constituents. They arrived on the boat yester-
day and they died coming to the United States. I represent from
Miami Beach all the way down to Key West to the southernmost
point of the United States. I see this tragedy each and every day.
What is incredible is they are young people. These are the people
who have only known Fidel Castro. These are people who come
from the revolution who should be worshiping Castro and instead
they are coming here to the United States because they know that
propaganda is false. They know the United States is the most hu-
manitarian country in the world.
As all of us know, if you put all of the countries together and all
of the humanitarian aid, all those countries that love the Cuban
people so much, if you put all of their aid together, food and medi-
cine, it does not equal the amount of food and medicine the United
States brings to the Cuban people. Forty-four years of economic en-
tanglements and engagement with Fidel Castro, that Europe, the
Canadians, the Mexicans, you name it, every country in the world
except for the United States deals with Castro, how are the Cuban
people any closer to freedom? How are they any closer to democ-
racy? How are they any closer to having their human rights re-
spected?
For people to say it is our embargo that is hurting the Cuban
people, I say, well, what has economic engagement with Castro
brought to the Cuban people? They are hungry. They are lacking
in health care. I have family members in Cuba. I know. I represent
those people because they come ashore every day.
Does our U.S. embargo say dont hold free elections? Of course
it doesnt. Castro is the one who doesnt hold free elections. Does
our Cuban policy say dont have multi-party systems? No, it is
Fidel Castro who says there will only be one party, the Communist
Party. Does our embargo say to Castro, dont have free press? No.
There are only two newspapers sanctioned by the Castro press.
Does it say do not have any free media? No. There is only state-
sponsored television that is being allowed to be seen by the Cuban
people. In fact, if you are Cuban and you give an interview to a
non-sanctioned newspaper or media outlet, it is a crime in Cuba.
It is not U.S. policy that is keeping the people of Cuba hungry and
hungry for freedom. It is Castros failed policy.
I recognize that some of our congressional members have gone to
visit with the dictator and they certainly eat a wonderful meal. I
wish my family in Cuba would have half of that meal. I know Ms.
Watson went. I am sure they had a scrumptious meal. Castro is
not hungry and he does not lack for adequate health care. When
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my family member has to go to the hospital, they bring bed sheets,

they bring soap, they have to bring medicine and they have to
bring the light bulb for the operating room and for their room. That
is real and that is true.
The visitors who go stay in nice hotels. Cuban people cant even
go to those hotels, even if they could afford it. Cuban workers get
paid by Castro in worthless pesos but the investor pays Castro in
dollars and the Cuban worker gets a pittance.
I just wanted to clarify from a different perspective, not to take
anything away from what Ms. Watson rightfully said but from a
person who not only was born in Cuba but lives with it every day
because the people I represent are from that country and my new-
est arrival probably got here yesterday and loves the United States
and hates the Castro regime but that Cuban arrival last week was
probably in a mass rally saying down with these Yankee impe-
rialist pigs, down with the embargo but you give that person any-
thing that floats, this little thing, and they will try to come over
here and join us because they know the United States loves free-
dom. That is all they want. That is what I want for my children
and I know that is what all Cuban families want for their children.
I want to thank the three of you for your testimony and for the
work that you do each and every day. I know that it is tough. I
know it is tough to go before the committees and you have work
to do but you come here and testify and fight the good fight. Thank
goodness we have you there because if not, sanctions would have
been lifted and the Cuban people when they are there, they say,
yes, lift those sanctions. When they come here, they say, no, we are
fine, that is fine, dont worry about it. That is the reason we are
elected from our constituency. Otherwise you would have other peo-
ple who would be espousing other points of view but we are elected
from our community so we know what our community thinks. We
thank you for your valuable service. I know it is tough every day.
Thank you.
Mr. BURTON. Thank you.
We are going to let you guys go but I just wanted to say to Ms.
Watson, who is a dear friend of mine. I love her dearly. I am going
out to California to have a hearing with her on another subject but
I am going to buy her a book. It is called Against All Hope by
Armando Valadares. I was reading it on a plane and I started cry-
ing. The guy next to me thought I was dying or something and I
said, no, it is just about this book. If you read that book and see
what Armando Valadares, who was a supporter of the regime when
they took over, you will find it really is a tragedy some of the
things going on down there.
Any final comments you would like to make quickly?
Mr. NORIEGA. Two seconds. First off, when we come up here to
testify, we are working and we recognize this is an important part
of our responsibility to come up and be accountable to Congress.
The second thing I would say is that the Project Varela is pre-
cisely about asking the Cuban people how to make their lives bet-
ter and giving them a role in making that decision. Castro has
come to New York, he is not big on dialog, he is very big on mono-
log but he has had opportunities. He has had his say. The Cuban
people are the ones who should have their say.
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At any rate, I thank you for the opportunity and would look for-
ward to continuing this dialog with you, Ms. Watson.
Mr. BURTON. Thank you, gentlemen.
Our next panel is: Mr. Frank Calzon, executive director, Center
for a Free Cuba; Mr. Eric Olson, advocacy director for the Ameri-
cas, Amnesty International; and Mr. Tom Malinowski, Washington
advocacy director, Human Rights Watch. We have three people who
are dealing with the question of human rights. We really appre-
ciate your being here. Please remain standing so I can swear you.
[Witnesses sworn.]
Mr. BURTON. The hardest one to start is Mr. Malinowski, so why
dont we start with you.
STATEMENTS OF FRANK CALZON, EXECUTIVE DIRECTOR,
CENTER FOR A FREE CUBA; ERIC OLSON, ADVOCACY DIREC-
TOR FOR THE AMERICAS, AMNESTY INTERNATIONAL; AND
TOM MALINOWSKI, WASHINGTON ADVOCACY DIRECTOR,
HUMAN RIGHTS WATCH
Mr. MALINOWSKI. Thank you, Mr. Chairman and Ms. Watson, for
the opportunity to come and testify before you and for your leader-
ship on so many human rights issues, including this one. Thank
you for keeping the spotlight on human rights in Cuba.
My organization has been working on human rights violations in
Cuba for many years. I go into some of the tragic, depressing detail
about the situation in my written testimony. I wont dwell on all
of it here except to say that this years crackdown on political dis-
sent in Cuba which a number of others, including you, have men-
tioned was really the worse we have seen in a decade or more
there, over 75 courageous men and women, dissidents, sentenced to
an average of 19 years in prison in sham trials over just a period
of about 4 days for nothing more than expressing their desire to
live in a more democratic society. This is a merciless dictatorship
at work and I completely agree with your characterization of the
Castro government and its abuses, Mr. Chairman.
I think even critics of the embargo need to acknowledge that
none of this crackdown, none of this horror is in any way the fault
of the United States or the fault of the embargo. The responsibility
lies with Castro and his government period, and we all need to ac-
knowledge that. We should also agree that this is no time to re-
ward Fidel Castro, this is a time for maximizing effective pressure
on his government.
The question before us, and we need to be very tough minded in
assessing this is whether the current embargo as it is currently
constituted is the best way of maximizing that pressure. In my
view, with all respect to people on both sides of this debate who
share those goals, it is not. I say that someone who usually sup-
ports targeted sanctions against abusive governments. For exam-
ple, my organization applauded the Congress a few weeks ago
when you all imposed tough economic sanctions on Burma and we
are very skeptical of arguments the trade with America or exposure
to American values in and of itself can somehow convince repres-
sive governments to be kinder and gentler to their people.
It does seem to me that any American policy designed to promote
human rights in a country like Cuba has to meet a couple of basic
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tests. First of all, does that policy advance the interests of those
who are struggling to promote human rights in the country con-
cerned. Is it more likely to be effective than the alternatives? I
think the current policy does not meet those tests.
First of all, many of the dissidents we have been talking about
here throughout this hearing in Cuba believe that the embargo as
currently constituted does go too far, including Oswaldo Paya, the
leader of the Varela Project. These are the Havels and Walesas of
Cuba and just as we heeded them in the 1980s when they were
struggling for freedom in the former Soviet Union, I think we do
need to bring their voice into this discussion as well in terms of
what is the best American policy.
Why do they feel this way? First of all, they see the embargo as
being indiscriminant rather than targeted so it enables Castro to
shift the blame to the United States for the Cuban people suffering
wrongly but effectively. Second, it isolates the Cuban people from
the world making it easier for the government to control what they
see, hear and know. Finally, and most importantly, it is bitterly op-
posed by most nations. So it enables Castro to divide the inter-
national community. Again, I am for maximizing international
pressure but I think the irony of the embargo as we have it now
is that it leads to less international pressure, not more, on Cuba.
At the same time, I wouldnt argue that simply ending or relax-
ing the embargo would be an effective strategy either. Simply hav-
ing American tourist joining the Canadians and Europeans on
Cuban beaches or American CEOs joining the Europeans signing
contracts isnt going to make a profound positive difference either.
There does need to be carefully targeted, multilateral pressure and
middle ground between unquestioning engagement on the one hand
and an all or nothing approach that plays into Castros hands on
the other.
We need to ask what does Castro fear most from the United
States? I dont think it is the continuation of the embargo. I dont
think it is the demise of the embargo either. I think what he fears
most is the prospect that the United States might some day get to-
gether with Latin America, with Europe, with Canada on a com-
mon, effective strategy for defending the rights of the Cuban peo-
ple. That is what I think we need to work toward, focusing not so
much on Havana as the target of our policies initially but on the
Europeans, the Canadians and the other Latin American democ-
racies to forge that kind of strategy.
I think we have more of an opportunity now because of the grow-
ing international opposition to this crackdown. We need to be urg-
ing Latin democracies to speak forcefully against political repres-
sion in Cuba to stop backing Cuban membership in bodies like the
U.N. Commission for Human Rights. We should be pressing Latin
American diplomats to meet with Cuban dissidents, we should be
urging European countries to impose on Cuba the same kinds of
targeted economic sanctions including a visa ban, for example, and
an asset freeze as they have imposed on Burma and Zimbabwe and
other similarly oppressive countries. We should be working with
them to develop common rules governing economic investment and
tourism, rules that would diminish the Cuban state over the Cuban
peoples lives.
82
Let me say one word about the tourism issue because I know it
is central right now. I totally agree that the Castro government has
a death grip on the Cuban economy and the Cuban people dont
really benefit from the tourist dollars going into Cuba because they
control the employment of the workers and every dollar goes into
the coffers of the regime. The question is how do you change that?
I dont think you necessarily change it simply by taking away from
Cuba the small trickle of American tourists that are going in there
because you are still going to have a stream of Europeans and Ca-
nadians doing exactly the same thing with no incentive for Castro
to change.
I think you are much more likely to change it if you can get to-
gether with the Europeans, Canadians and others and press the
Castro government for a different set of rules. We have leverage
acting together, we dont have that kind of leverage alone.
I think the problem with the embargo and the key argument for
beginning to think about it anew is that it makes the United States
impotent in pressing its allies for these kinds of tougher measures.
I think the Bush administration knows this and in many ways it
has barely tried to forge that kind of coalition, despite the clear
commitment of folks like Ambassador Noriega. For example, last
year or earlier this year, it made virtually no effort to convince
Latin American countries to get Cuba off the Human Rights Com-
mission. It knew it would fail because Castro has succeeded in
making this embargo a bigger issue than his own repression.
Again, in summary, I think the goal ought to be not a policy of
no sanctions but a middle path that isolates the Cuban Govern-
ment, not the Cuban people. I fear that so long as we are unwilling
to climb down to that kind of tough but sensible policy, it is going
to be harder to convince our allies to rise up to it.
Thank you.
[The prepared statement of Mr. Malinowski follows:]
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Mr. BURTON. That is very interesting and we will talk further.

Mr. Olson.
Mr. OLSON. Thank you, Mr. Chairman, for the opportunity to tes-
tify today. I want to thank you and Representative Watson for your
probing questions that are forcing us to think creatively about
what seems to be an intractable problem in Cuba.
Amnesty International has been monitoring the human rights
situation in Cuba since the early 1960s and we have extensive re-
porting about the human rights situation there. Unfortunately, like
our colleagues at Human Rights Watch, our access to the island
has been severely limited. In recent years we have not been able
to do an onsite, in person visit there since 1988, so we have had
to rely on other sources of information to try to report on the
human rights situation there.
The crackdown on political dissidents that began on March 18
and the execution of three would-be hijackers on April 11 are
alarming and deeply disappointing occurrences that Amnesty Inter-
national has denounced locally and publicly. Sadly they represent
the latest chapter in a long line of grave human rights violations
committed by the Government of Cuba. On the basis of the infor-
mation currently available, Amnesty International considers the
newly detained prisoners to be what we call prisoners of con-
science. As a result, the number of confirmed prisoners of con-
science in Cuba has risen from 6, 2 years ago, to 89 today.
What distinguishes this crackdown from many other previous ex-
amples of mass arrest is not the number, however, which is unusu-
ally large, but the laws that were used to convict the dissidents
and the summary trials and very harsh sentences handed down
shortly after the detentions took place. Among the latest group of
dissidents arrested, 75 have received sentences ranging from 6 to
27 years. Some of the prisoners were convicted under the law for
the protection of the national independence and economy of Cuba,
known as Law 88 passed in February 1999. Though passed in
1999, this crackdown marks the first time that the provisions of
Law 88 have been applied to criminal proceedings in Cuba. Law 88
itself is presented as a Cuban response to perceived U.S. aggres-
sion and the crackdown as a reaction to a U.S.-led rather than do-
mestic threat. Nevertheless, Amnesty International believes the
law places unlawful restrictions on internationally recognized
rights such as the freedom of expression. Furthermore, the Cuban
constitution itself places clearly excessive limits on the exercise of
fundamental freedom. The exercise of fundamental freedoms in
ways that are perceived to be against the Cuban system are not
constitutionally protected. Anybody who works or expresses his
opinion that is perceived as being against the system has no con-
stitutional protection in Cuba. Law 88 and other laws within the
Cuban system place further restrictions on these freedoms in viola-
tion, we believe, of international standards.
Law 88 calls for sentences of 7 to 15 years in prison for passing
information to the United States that could be used to bolster anti-
Cuban measures such as the U.S. economic embargo. The punish-
ment can rise to 20 years if the information is acquired surrep-
titiously. The legislation also bans the ownership, distribution or
reproduction of subversive materials from the U.S. Government
88
and proposes terms of imprisonment of up to 5 years for collaborat-

ing with radio and TV stations and publications deemed to be as-
sisting U.S. policy.
I should note that one of the people detained was actually tried
and sentenced in part because he was giving information to Am-
nesty International. That is the level of restriction on the free ex-
pression and association of people.
The question here though is not before in this committee, it is
not just how bad is the situation in Cuba but in fact, what the
United States should do about it. The recent crackdown is a con-
tinuation of Cuban Government policy of detaining people for their
political, religious and other conscientiously held beliefs and to re-
strict the freedom of expression and association both in law and in
practice. The modest signs of tolerance that existed just a couple
of years ago have now been swept away. In this context, Amnesty
International feels it is important to carefully consider policy op-
tions that could effectively contribute to improving human rights in
Cuba. What is it in fact that is going to improve human rights
there? Part of Amnesty Internationals mission is to make rec-
ommendations to the Government on how this can in fact happen.
In the interest of time, I am not going to go over all the rec-
ommendations here that we have given to the Cuban Government.
It is found in my formal statement.
Mr. BURTON. You can submit those for the record.
Mr. OLSON. They have been submitted for the record. There is
a number of them and I dont want to imply that we are being light
on the Cuban Government. We have over 15 recommendations here
specifically to the Cuban Government. Maybe a bit in answer to
Ms. Watsons questions as well, I did want to mention what we
thought are key recommendations to the United States.
Amnesty International urges the U.S. Government to place
human rights concerns at the center of its decisionmaking on Cuba.
The United States should take into account the impact its policies
will have on day to day life for average Cubans and their enjoy-
ment of basis human rights. AI is particularly concerned about
measures that the United States might consider that could spark
humanitarian crises in Cuba. Such a crises may lead to worsening
of the human rights situation. AI rejects proposals that would
worsen humanitarian conditions in Cuba and are aimed at
destablizing the country. Political instability and humanitarian cri-
ses place civilians at risk of further human rights violations and
should not be considered as an option.
AI encourages the U.S. Government to reconsider the wisdom
and efficacy of its economic embargo on Cuba. The 40-plus years
of the embargo does not appear to have the intended consequence
of punishing Castro, nor has it contributed to a betterment of
human rights in Cuba. In some instances, it has had negative im-
pacts on human rights. The embargo has had ramifications not
only on economic and social rights, but also it has been used by
Cuban officials who cite it as a justification for repressive meas-
ures.
Amnesty International recommends that the United States look
seriously at ways to in fact reduce hostilities with Cuba and to
lower the tensions that contributed to the broader negative political
89
context for the latest crackdown. I think there is a variety of ways

in which we can seek to lower the tensions between the countries.
Amnesty doesnt believe that means total withdrawal of the embar-
go as Mr. Malinowski has said but that we need to see the embargo
is having a potentially detrimental effect on the average Cuban in
Cuba.
Thank you and I will leave it at that. I welcome your questions.
[The prepared statement of Mr. Olson follows:]
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Mr. BURTON. Thank you, Mr. Olson.

Mr. Calzon, I know you are just chomping at the bit because you
probably have a little different approach, so we recognize you, sir.
Mr. CALZON. Thank you, Mr. Chairman. I am delighted to be
here to appear before you on behalf of the Center for a Free Cuba.
As most Cuban Americans could tell you, you are a hero not only
to Cuban Americans but many people inside Cuba.
I am also pleased to appear before Congresswoman Watson
whose experience as an ambassador provides an important dimen-
sion to her work in the Congress.
I would like to ask that my full statement be placed in the record
and take just a minute because I dont know if it will come up in
the question and answer period to make a couple of brief com-
ments.
I am by training a political scientist and I have written a number
of pieces on the American Revolution and I wasnt there, so that
is one of the misconceptions, one of the fallacies of social science
that says that you have to be there. Sometimes from far away you
could have a better idea of what is happening in one place than
discussing the issue with the dictator for 6 hours but that is just
a minor point.
On the issue of the infant mortality rate, I was always intrigued
by that. I talked to a number of Cuban doctors. You should be
aware of one fact. Mr. Castro not only manipulates statistics and
Cuban women who have a problem pregnancy are encouraged to
have an abortion because when you have an abortion, that does not
show up in the infant mortality rate. Mr. Castro has been in power
for over 40 years and the Cubans have begin to act following the
advice of the Holy Father. Castro has responded by declaring
Cubas socialism irrevocable and untouchable. I do not share the
views of some of the other witnesses that you have to concentrate
so much on the United States and Cuba. The problem has never
been Cuban and the United States.
Mr. Castro is willing to talk about Cuba with President Carter,
he is willing to talk about Cuba with the King of Spain and willing
to talk with Members of Congress. You talk about imposing your
views or the United States imposing its views. One way of not im-
posing Americas views is to encourage Mr. Castro to meet with
Cuban bishops and to allow Cubans in Cuba to do what we are
doing here.
So the whole idea of trying to determine Cubas problems be-
tween some foreigners and the Cuban dictator, I dont think the
Cuban people really like that.
On the issue of the impact of the embargo, in Cuba there are
shortages of oranges. Are we going to ship oranges from Florida?
There are shortages of fish. Are we going to send it from Maine?
The whole idea is that when I met with President Havel of the
Czech Republic, I said when did the shortages end here? Did they
end with trade with the West? He said, no, they ended with the
end of communism and the same thing will happen in Cuba. There
is a tendency to blame the United States for everything that hap-
pens in the world. Cuba, Mr. Castro has a great responsibility.
When a child is sick in Cuba and a father goes to a pharmacy,
there are no medicines there but when a foreigner goes to Cuba,
98
the medicine is there. The hotels where foreigners stay are seg-
regated, Congresswoman, and the restaurants and clinics. In this
country, Martin Luther King had a major campaign so that any-
body could go to a restaurant. As a Cuban, I think I would hope
that Americans could travel anywhere they want. If Americans go
to Cuba and subsidize apartheid in Cuba, I am not in favor of tour-
ists going to Cuba. If they go to Cuba and they say to Mr. Castro,
let the Cubans have the same rights that foreigners have in Cuba,
how come a foreigner can have a restaurant, a foreigner can have
an enterprise and Cubans cannot? Cubans dont have a right to go
to a hotel and an American Congresswoman can go and stay in
those hotels? I dont know. I see something wrong with that.
Beyond that, I do have a number of recommendations in the
paper, including placing a C130 in the Florida Straits so that TV
Marti can be seen in Cuba. I have another recommendation. I
think Ms. Watson and Chairman Burton ought to do more of these.
I think it is important for the American people to learn, for exam-
ple, that there are FBI fugitives in Cuba that Castro has given safe
haven to American murders who kill American police officers. You
ought to call the Justice Department and they will send you the
list. Those are some of the facts, not the rhetoric that I think ought
to be brought to the attention of the Congress and the American
people.
Thank you, Mr. Chairman.
[The prepared statement of Mr. Calzon follows:]
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Mr. BURTON. Thank you, Mr. Calzon. I wish you would tell us
what you really think. You have been a good friend for a long time
and I appreciate your comments.
Let me ask a few questions and then I will yield to my colleague
who I know has some questions.
Mr. Malinowski, I know this is a dangerous question to ask you
but what kind of changes or proposals are you talking about in the
embargo that you think would be beneficial?
Mr. MALINOWSKI. I would start very gradually. I wouldnt throw
the whole thing out.
Mr. BURTON. I dont think that is going to happen.
Mr. MALINOWSKI. Honestly, I would start with the travel ban and
I would do it not to send some message to Castro or to appeal to
his goodwill because I dont believe in his goodwill, I would use it
as the basis for sitting down with our allies in Europe, in Latin
America, in Canada, the key players in this, to try to forge a com-
mon strategy and a common policy. We dont have that right now
and we need it.
Mr. BURTON. Let me ask you a question regarding your answer.
Right now if an American or anybody in the world goes to a resort
in Cuba, they pay in dollars. The people who work there who are
Cubans cant stay there, they come and work during the day and
have to go home. They cant be there except to work. They are not
paid in dollars, the dollars go to the Cuban Government and they
pay them in pesos. I have been told that people who make $400 or
$500 a month at a resort would get about 500 pesos which would
be somewhere between $5 and $10 a month to live on. How could
they benefit if we allowed tourism to go to Cuba? It would certainly
increase the amount of money going to the hotels and hence to the
Cuban Government but I am not sure it would help the quality of
life for the Cuban people.
Mr. MALINOWSKI. First of all, I completely agree with you. The
situation you describe though is completely the same as the situa-
tion we faced in the former Soviet Union in Poland, Czechoslovakia
and Hungary in the darkest days of communism. Even then we
never restricted the rights of Americans to travel to those countries
which was a modestly beneficial thing in the sense that it also al-
lowed organizations like mine and Amnesty International and oth-
ers to go in under the cover of tourism to do some very good work
with dissidents.
My central point and my main response to your question is that
we need to ask how do we change the state of affairs that you de-
scribe? How do we change the system that robs the workers of
those hotels of their livelihood and that denies us the ability to cre-
ate a little bit of private free space as exists, for example, in free
enterprises in China, distinct from Cuba where you actually can
have a different kind of relationship between employees and em-
ployers.
I dont think the United States has the leverage to change that
state of affairs by itself. We dont have that kind of economic lever-
age with Cuba. We do have it potentially if we could act in concert
with our allies, with the Europeans, the Canadians, the investors
and joint ventures. We could together demand that the Cuban Gov-
ernment change those rules. I would be for a very tough mined pol-
107
icy but one that is multilateral because I think it would be more

effective.
Mr. BURTON. Mr. Olson, you indicated that you get your informa-
tion on human rights violations in a different kind of way because
you cant converse directly with the people who are in the prisons
as political prisoners. How do you get that information?
Mr. OLSON. Through a variety of sources, through people in Cuba
who share information with us, some family members, other NGOs
that operate there, people who travel back and forth that provide
us information. Frankly, it might seem surprising but even on
these cases of the 75 people that were arrested, detained and
jailed, we got a healthy amount of official court records that al-
lowed us to carefully analyze the legal proceedings, the laws being
used, the charges against them.
Mr. BURTON. It was 4 days, wasnt it?
Mr. OLSON. Yes, it was less than a week.
Mr. BURTON. So it was kind of a sham?
Mr. OLSON. Absolutely. Totally a sham and that is why we have
been able to look at the kinds of laws used, the kinds of accusations
against people which we believe are completely inconsistent with
any international standard of human rights.
Mr. BURTON. Mr. Calzon, you heard those two responses. Why
dont you respond to those two questions about lifting the embargo
somewhat so that tourists can go there? Would that help the qual-
ity of life of Cubans?
Mr. CALZON. Mr. Chairman, it would be my hope that some day
we could come to some of these hearings and deal with the facts
and then we could disagree on what the facts mean. For example,
when dealing with tourism, not only do the tourist dollars go to the
Cuban Government but go the worst agencies of the Cuban Govern-
ment. A big part of the tourist industry in Cuba is under
CAVIOTA. CAVIOTA is a front company for the Cuban secret po-
lice and the Cuban armed forces. So not only the dollars go to Cas-
tro but the dollars go to the agencies there to oppress the Cuban
people. If anything I say here today is incorrect, I am sure the
other witnesses will correct it.
The other thing is when you deal with Eastern Europe and you
say the embargo didnt work in Eastern Europe, if we are going to
look at Eastern Europe, then we have to see what we did, what the
United States did in Eastern Europe. The amount of resources
being used to promote democracy in Cuba are a very, very tiny per-
centage of what we used to promote democracy in Poland, what we
used to promote democracy in the Czech Republic. The idea of sim-
ply being nice to Mr. Castro doesnt work. I think some of the
things you have heard, the information you have heard here today
is a little dated. If you look at what happened this year, for exam-
ple, why dont we pay attention to the Europeans? The Europeans
three major important spokesmen for European public opinion are
the former Presidents of the Czech Republic, Hungary and Poland,
Havel and Walesa, for example. This is what they said. They are
not saying the embargo should be lifted. It says, One of the things
that should be done is to put aside transatlantic disputes about the
embargo on Cuba and to concentrate on direct support for Cuban
dissidents, prisoners of conscience and their families. We are talk-
108
ing about putting pressure on the Cuban Government. The Euro-

peans have done that. The European Union has conditioned hu-
manitarian assistance to some reform in Cuba. The result, Mr.
Castro told the Europeans he does not need humanitarian assist-
ance. The people who are hungry are not Mr. Castro.
If you look at country after country, the Germans canceled their
participation in a book fair event; the Dutch are now going to an
art show in Cuba. The Spanish have a major crisis. Castro, a
Cuban dictator, calls Vice President Aznar a little fuhrer with a lit-
tle mustache. Mr. Castro called Berlusconi of Italy Benito. Mr.
Castro says that the Costa Ricans are lackeys of the United States.
There is no real issue today. The embargo is no longer the issue.
The Europeans are putting pressure on Castro.
As a matter of fact, you talk about conditions, the Europeans an-
nounced a few weeks ago that they are bringing down the level of
contacts between their diplomats and high ranking Cuban Govern-
ment officials and instead, they want to increase contacts with the
dissidents. So the suggestion of Ms. Watson perhaps at another
time that would have been a good idea, President Carter sent folks
to Havana to try to reach an accommodation. Mr. Reagan sent
General Walters to try to reach an accommodation but at time
when the Europeans are saying the policy of engagement has not
worked, this is what the Europeans are saying. They are saying
Castro is broke and Mexican banks froze Cuban assets about a
month ago in Europe trying to get paid.
What I am really saying is at this time when the Europeans are
taking a hard line, this is the time perhaps for Washington to fol-
low in their steps.
Mr. BURTON. Thank you, Mr. Calzon.
We will let Ms. Watson ask some questions and give you gentle-
men all the time you want to respond.
Ms. WATSON. I think Mr. Olson, you probably are getting to some
of the points I am concerned about. One of the things I learned,
Mr. Calzon, in my two different training sessions at the Depart-
ment of State is how to be a diplomat, how to deal with people
throughout the world whose customs and traditions and govern-
ments are different than ours and how to meet them and talk with
them, not accepting everything but finding common ground.
So when I asked the question of the first panel, I was just trying
to find out where you were, were your biases in the way of your
vision. I am not going to hold a discussion as to what degree of
badness is living in the heart of Fidel Castro. I look at deeds. I told
you I was terribly disappointed when he took people and threw
them into jail and executed three. I was horrified when we went
to Rotterdam this summer and found a resolution against the
United States for its 796 detainees down in Guantanamo Bay. I ar-
gued against them voting on it, give us some time to go down there
to look at the prisoners we have taken, to look at their rights and
then come back with our own evaluation and our own amendments.
It didnt happen. Only 11 countries out of 96 voted with us; the rest
voted against us. What I was trying to do was find a way that we
could correct the things we did wrong so that we could go about
helping somebody else correct the things they do wrong.
109
Mr. Olson, you were one of the few on the panel that pointed out
some things that could be done. I am looking at a way that we
could look at our neighbor 90 miles to our southeast as a produc-
tive and good neighbor. I hope we wouldnt get to the point where
we have to go in there to destroy him to make a change and you
dont have to respond. If the three of you could send me what you
feel are your strongest, sincerest recommendations for dealing with
the people of Cuba, that is who we are concerned about. We want
them to have a quality of life probably not like ours but similar to
ours. We want everybody to have the best quality they can where
they live.
So what I would like you to do is think with me, how can we help
the Cuban people. If we set Castro over here, that would be one
thing but with him there, I dont know how he has survived this
long. When you think about it, 44 years, it is amazing. I really
want to know what we can do as a country, as a State Department,
as Amnesty International, as Free Cuba to really get to a point
where we help the Cuban people. You can put it in writing and I
will give my time back to the Chair. Just give it in writing to me.
Thank you very much.
Mr. BURTON. It is almost 5 p.m. and I know you probably want
to get down to one of the eating establishments where all the
wealthy lobbyists hang out. I am kidding.
Mr. MALINOWSKI. We want to eat with Castro.
Mr. BURTON. She was telling me they ate at 2 a.m. but the food
was outstanding.
Let me ask, do you have any closing comments any of you be-
cause I saw you had some things you wanted to say, so we will let
you make a closing comment.
Mr. MALINOWSKI. Let me just respond to maybe one thing Mr.
Calzon said. I have to say I am a little bit surprised to hear you
express such satisfaction with European policy toward Cuba. When
I hear about canceling a book fair and an art show, it is better than
what we have seen but it is kind of pathetic. I think we can do a
lot better than that. I think we really need a much more con-
centrated, concerted effort focusing on our allies to try to come to-
gether on a more principled, more effective multilateral policy.
Mr. BURTON. Ms. Watson suggested you send to us in writing
some suggestions. I would like to have your suggestions. I dont
know whether we would see eye to eye but I would like to have
them nevertheless.
Mr. Olson, do you have any comments?
Mr. OLSON. I was just going to say I appreciate the challenge you
have put before us. I think that is the right question to be asking
and I am eager to respond to you in writing with some ideas that
we have. I just wanted to underscore because Mr. Calzon always
has a way of sticking me in the side and making me jump, I just
want to emphasize that nobody is talking about being nice to Mr.
Castro in any way whatsoever.
Mr. BURTON. In defense of Mr. Calzon, let me just say this. I
have been intimately involved with the Cuban American Founda-
tion and Cubans for a long, long time. I have gone down there and
met with them and talked with them. I think even though I am
very close to a lot of them as you probably know, unless you have
110
lived the life, walked the talk, you cant really know what those
people down there are going through. I think Mr. Calzon and a lot
of the Cuban Americans have really seen firsthand what Fidel Cas-
tro does. I think that gives you a much different perspective, not
that your perspectives arent something we ought to take a look at
but I think their perspective is something that is obviously going
to be a bit deeper and more understandable.
Yes, Mr. Calzon?
Mr. CALZON. Again, thank you for having us here. One thing.
The Europeans are doing a lot more than I mentioned here. The
Europeans are providing and doing some of the things that were
being done in Eastern Europe. They have to be done quietly. That
is one of the things I do. I try to work with governments and
NGOs from around the world. We care, we would like to help the
people of Cuba.
One final comment. For 11 years, I was a Washington represent-
ative of Freedom House and I went to the U.N. Commission on
Human Rights where the Saudi Arabians used to tell me that I
didnt understand that they had a different society, and the Chi-
nese, the people in Equatorial Guinea. When I raised the issue of
slavery in Sudan, well you dont understand, you cannot impose
your views. We are talking about universal values, we are talking
about human rights. For the United States to say to the Cuban dic-
tator, Cubans should have the right to decide their own destiny,
that is the same thing that we want to do in the rest of the hemi-
sphere, the Soviet Union and everywhere else.
I do not see and the people in Cuba do not see that as an imposi-
tion. Many people in Cuba were delighted to hear President Carter
on national TV talking about the Varela Project. One of the things
I think the Congress could do is lend the echo of your voices to the
cries for help of the Cuban people.
Mr. BURTON. Very good. If you would send us in writing your
proposed solutions to this and any suggestions, we would really ap-
preciate it.
Thank you very much and the hearing is adjourned.
[Whereupon, at 5 p.m., the subcommittee was adjourned, to re-
convene at the call of the Chair.]
[The prepared statement of Hon. Elijah E. Cummings and addi-
tional information submitted for the hearing record follows:]
111
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House Hearing, 108TH Congress - Castro's Cuba: What Is The Proper U.S. Response To Ongoing Human Rights Violations in Our Hemisphere?

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CASTROS CUBA: WHAT IS THE PROPER U.S.

RESPONSE TO ONGOING HUMAN RIGHTS VIO-

SUBCOMMITTEE ON HUMAN RIGHTS AND

OCTOBER 16, 2003

Serial No. 108120

Printed for the use of the Committee on Government Reform

U.S. GOVERNMENT PRINTING OFFICE

For sale by the Superintendent of Documents, U.S. Government Printing Office

PETER SIRH, Staff Director

SUBCOMMITTEE ON HUMAN RIGHTS AND WELLNESS

THURSDAY, OCTOBER 16, 2003

Mr. BURTON. The Subcommittee on Human Rights and Wellness

Since Castro assumed control in Cuba in January 1959, human

International, Human Rights Watch and the Center for a Free

Mr. BURTON. With that, Ms. Watson, do you have an opening

increased to death for a special request by the puppet whom the

Ms. ROS-LEHTINEN. I thank the chairman for this opportunity

STATEMENTS OF ROGER NORIEGA, ASSISTANT SECRETARY

be considered a hostile act. There is no escape route for Mr. Castro

President Bushs initiative for a new Cuba challenged the Cuban

We are also stepping up freedom broadcasting, making sure that

Mr. BURTON. Thank you, Mr. Secretary.

peaceful transition to democracy in Cuba. We have done so by in-

proteins, less than 50 percent of the necessary fats and insufficient

Mr. BURTON. Thank you very much, Mr. Franco.

at all affected U.S. ports. We have procedures in place with Home-

Mr. BURTON. Thank you, Mr. Newcomb.

would respond with some positive steps as well. So we have sort

as Administrator. I have worked with my colleagues and as that

What are the possibilities of holding a conference, bringing him

those statistics but they are alarming in terms of the deficiencies

my family member has to go to the hospital, they bring bed sheets,

Mr. BURTON. That is very interesting and we will talk further.

and proposes terms of imprisonment of up to 5 years for collaborat-

context for the latest crackdown. I think there is a variety of ways

Mr. BURTON. Thank you, Mr. Olson.

icy but one that is multilateral because I think it would be more

ing about putting pressure on the Cuban Government. The Euro-

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