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19 January 1999

FACT SHEET: SUSPENSION OF TITLE III 'LIBERTAD' PROVISIONS

(Outlines decision on Cuba sanctions)  (2070)
WASHINGTON -- Following is the White House fact sheet on President
Clinton's decision to suspend for another six months the provision of
the Cuban Liberty and Democratic Solidarity Act that allows U.S.
nationals with claims to confiscated property in Cuba to file suit:
(begin text)
FACT SHEET:  THE PRESIDENT'S TITLE III DECISION
January 1999
Presidential Decision
President Clinton has suspended for an additional six months,
effective February 1, 1999, the provision of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act that allows U.S. nationals with
claims to confiscated property in Cuba to file suit under Title III of
the Act. In accordance with the Act, the President certified that a
suspension is necessary to the national interest and will expedite a
transition to democracy in Cuba. He has reported his determination to
the appropriate Congressional committees. In reaching this decision,
the President cited important continuing actions by our friends and
allies to promote democracy in Cuba.
The President allowed Title III to enter into force on August 1, 1996,
but suspended for six months the provision that would permit American
nationals to bring suit against persons trafficking in confiscated
properties in Cuba claimed by a U.S. national. He did so in order to
work with our friends and allies to develop a multilateral approach to
advance democracy, human rights and fundamental freedoms in Cuba. The
President appointed Under Secretary Stuart Eizenstat to lead a new
effort to develop international support for democracy and human rights
in Cuba. Under Secretary Eizenstat met with leaders throughout Europe
and Latin America from all sectors -- government, politics, private
sector, labor, religion, and human rights -- to forge this new
multilateral movement. While there remains substantial disagreement
about the best approach to bring democracy to Cuba, all recognize that
Cuba must undertake democratic change and respect human rights.
In January 1997, the President cited significant progress in the
development of the multilateral initiative and renewed the suspension
for another six months in order to consolidate and further develop the
multilateral approach. At that time, he said he would expect to
continue to suspend the Title III lawsuit provision as long as our
friends and allies continue their efforts to promote a transition to
democracy in Cuba. In July 1997, January 1998, and July 1998 the
President noted additional concrete steps to promote democracy and
human rights when he announced additional six-month suspensions.
In his statement today, the President described additional important
steps that have been taken by governments, non-governmental
organizations, and the private sector as part of the multilateral
initiative to promote democracy in Cuba. The President is continuing
to expand the multilateral effort to promote democracy in Cuba. His
initiative to gain international support for democracy in Cuba -- the
most ambitious since Castro seized power -- is yielding tangible
positive results. Secretary of State Albright, Under Secretary of
State Eizenstat, and other senior officials continue to lead the State
Department's efforts to advance the President's pro-democracy
initiative.
Progress in the International Effort to Promote Democracy in Cuba.
Government Actions
An important, unprecedented, pattern has developed in the visits of
foreign leaders to Cuba. The elements of this pattern are:
-- Pressing human rights and democracy issues with senior Cuban
government officials, including Fidel Castro;
-- Meeting with dissidents and other independent elements of civil
society;
-- Speaking out publicly in Cuba on democracy and the need to respect
human rights.
Thus, Cuban officials at home and abroad are hearing a concerted
message in support of democratic change.
-- When Cuban Foreign Minister Robaina visited Brussels in July,
European Commission officials pressed him on human rights and
democracy issues.
-- The UK's Baroness Symons visited Cuba October 7-9. She raised human
rights with Cuban government officials and met with dissidents.
-- Japanese Foreign Ministry officials on October 21 raised human
rights issues with high-level Cuban officials and met with dissidents.
-- Spanish Foreign Minister Matutes visited Cuba November 9. In a
speech to an audience at the University of Havana that included
Castro, he called for a "transformation" in Cuba, adding that "real
harmony cannot exist without -- respect for rights and fundamental
liberties -- they are the bulwarks of freedom." Matutes met with
dissidents and pressed senior Cuban government officials on human
rights issues.
In explaining their votes at the UN General Assembly in support of the
Cuban government's resolution opposing the U.S. embargo, many nations
made clear their great concern about the Cuban government's human
rights record.
-- Austria, serving in the Presidency of the European Union, urged "a
process of transition to pluralistic democracy, the respect for human
rights and fundamental freedoms," and said, "(w)e deplore the
detention of a considerable number of people, including the four
leading members of the Internal Dissidence Working Group, who have
exercised in a non-violent manner their rights to freedom of
expression and association. The EU emphasizes the fundamental
responsibilities of the Cuban authorities regarding human rights, such
as freedom of thought, opinion, and expression, assembly and
association (w)e appeal to Cuban authorities to fully cooperate with
international human rights bodies and mechanisms."
-- The Canadian representative said, "We emphasize today, as we have
in the past, our concern regarding the lack of respect for the rights
of the Cuban people by the Cuban government."
-- Costa Rica noted it "is not satisfied with the human rights
situation in Cuba," and does not agree with Cuban government policies
that limit the civil rights of Cubans.
-- Japan welcomed the release of political prisoners, but said, "with
restrictions on the freedom of assembly, association, and expression,
there has been no fundamental progress toward democratization, the
human rights situation, or respect for individual rights."
-- Norway said, "the protection and promotion of human rights is a
cornerstone of Norwegian foreign policy we deplore violations of civil
and political rights and remain concerned about the situation in
Cuba."
At the UN's Third Committee dealing with human rights during the UNGA,
several nations spoke out on the human rights situation in Cuba.
-- Austria, as EU President, said, inter alia, "the EU continues to
seek to encourage a process of peaceful transition in Cuba toward
democratic pluralism and a multiparty system, respect for human
rights, and fundamental freedoms ..."
-- Australia urged "... the Government of Cuba to ensure freedom of
expression and assembly, including by reforming legislation so as to
allow political parties, media, and non-governmental organisations to
function freely. We continue to be concerned about the condition of
persons detained for activities of a political nature, and call upon
the Government of Cuba to conform with international standards in this
area."
-- Canada noted, "... the continued existence of prisoners of
conscience, particularly the four arrested in July 1997, and the
failure to protect and promote freedom of expression, and civil and
political rights in general, remain matters of deep concern ..."
Other actions supporting democratic change and human rights in Cuba
included:
-- On October 8, while visiting Mexico, Honduran President Flores told
the press his nation would not establish formal diplomatic relations
with Cuba until it has seen how the democratic process develops there.
-- On October 17, Czech President Vaclav Havel, renowned for his brave
efforts for freedom for Czechoslovakia from Soviet domination a decade
ago, lamented that the Cuban government had not permited Elizardo
Sanchez, a Cuban human rights activist, to attend, at Havel's
invitation, the Prague conference on globalization and human rights.
Havel sent public greetings to Sanchez.
-- At the Ibero-American Summit in Oporto, Portugal, in October, Costa
Rican President Miguel Angel Rodriguez castigated Castro for his poor
record on human rights and democracy, and lamented that Cuba had made
little progress in living up to the commitments to democracy it had
made in previous Ibero-American Summits.
-- At the Ibero-American Summit, Nicaraguan President Arnoldo Aleman
repeated his commitment not to attend the 1999 summit if it is held in
Cuba, as currently scheduled. Aleman pointed out that Castro had made
no progress toward fulfilling his commitments to the 1996 Summit in
Chile to take steps toward pluralism, democratization, and the rule of
law. He added, "it would be impossible for Nicaragua, which itself has
experienced a totalitarian system, to remain silent."
-- Also in Oporto, a group of private citizens provided the names of
political prisoners in Cuba to Portuguese leaders so they could raise
the issue of human rights with Castro.
-- On November 12, Costa Rica said it was considering the
establishment of consular relations with Cuba in 1999. Foreign
Minister Rojas added, "in the words of our President," Miguel Angel
Rodriguez, "we will not establish diplomatic relations with Cuba until
it changes its system, with a much greater political advance or
opening."
-- On November 19, Costa Rica's President Rodriguez wrote Congressman
Gilman that Costa Rica needed to send a consular officer to Cuba to
look after the needs of its citizens, but "normalization" of
diplomatic relations is not possible until "significant steps are
taken toward democracy in Cuba, with respect for the freedom and human
rights of all its citizens."
-- On December 7, the European Union's General Affair Council (GAC)
renewed for an additional six months its Common Position on Cuba. The
GAC statement said, "full cooperation with Cuba will depend on an
improvement of the situation regarding human rights and fundamental
freedoms," and called for "a peaceful transition to pluralist
democracy, the respect for human rights and fundamental freedoms,..."
-- On December 18, the Senior Level Report to the U.S.-EU Summit, a
meeting of the President of the United States with the Presidency of
the European Union, cited U.S. and EU efforts to promote human rights
in Cuba, and said "we will each work to promote a peaceful transition
to democracy in Cuba" as a priority for the next six months of U.S.-EU
diplomatic cooperation.
NGO's and Human Rights Organizations
-- On November 5, the President of the Canadian Human Rights
Commission, Michelle Falardeau-Ramsay, met with dissidents in Havana.
The group included the wife of Vladamiro Roca, one of the four
imprisoned members of the dissidents working group.
-- On November 16 in Madrid, an assembly of the International
Christian Democratic movement unanimously approved steps to "stimulate
and fortify the internal dissident movement" in Cuba. Christian
Democratic leaders read a letter from Oswaldo Paya, a leading Cuban
dissident, who called for a "fight for peaceful change," and noted the
Cuban government -- his government -- would not permit him to attend
the meeting.
-- In November, Amnesty International and Pax Christi published
Multinational Enterprises and Human Rights to focus attention on the
need to develop corporate human rights policies or codes of conduct
worldwide.
-- On November 24, the Confederation of Latin-American Workers, a key
grouping of 52 labor organizations, passed a resolution in support of
independent labor in Cuba and asking Castro to begin a transformation
to democracy.
-- Human Rights Watch released on December 3 its 1999 World Report,
citing continuing human rights abuses in Cuba.
-- There was a round table meeting of European NGO's, academics, and
labor on December 3, organized by Pax Christi, on "Foreign Investments
in Cuba and human and labor rights." The meeting noted the
"dictatorship that characterizes Cuba the widespread repressive state
security system, the absence of rule of law and violations of human
rights." The meeting endorsed the promotion of best business
practices, such as the Arcos principles and those developed by the
North American Committee.
-- The North American Committee (NAC), affiliated with the National
Policy Association (NPA), participated in the December 3 conference
and advanced its efforts to establish an international working group
to promote best business practices in Cuba.
-- On December 9, Pax Christi sent an "open letter" to the
International Confederation of Free Trade Unions (ICFTU) and the World
Confederation of Labor (WCL) telling them of developments at the
December 3 conference and urging them to meet with and support
independent trade unions in Cuba during their scheduled visits to
Cuba.
Private Sector
-- The Transatlantic Business Dialogue November 6-7 reaffirmed its
support of international "best business practices," including in Cuba.
The "Statement of Conclusions" called on "all companies doing business
internationally to adhere voluntarily to internationally recognized
principles and global best business practices..." The European cochair
of the "Business Facilitation" group noted the application of this
concept to Cuba and other nations.
(end text)