Showing posts with label article 13. Show all posts
Showing posts with label article 13. Show all posts

Sunday, February 27, 2022

Moral compromises: Cuban national Anamely Ramos again denied the right to return to her homeland by the Castro regime and American Airlines.

"Even a purely moral act that has no hope of any immediate and visible political effect can gradually and indirectly, over time, gain in political significance." - Václav Havel, Letter to the overthrown Czechoslovak Communist Party chairman Alexander Dubček (August 1969)

Anamely Ramos González, twice refused her right to return home to Cuba.

Earlier this morning, Anamely Ramos González tried to board a return flight to Cuba, but was told she could not return home

This time she received a document from American Airlines that it was the Cuban government that had blocked her from returning.

Eleven days earlier it happened to her for the first time.

On February 16, 2022, Anamely Ramos González, with her documents in order and plane ticket in hand, was told by a representative of American Airlines she could not board the flight home on instructions from the Cuban government. 

Anamely after being told by American Airlines she couldn't board flight home on 2/16/22

Anamely Ramos is an artist and nonviolent Cuban dissident who resides in Cuba.

She traveled abroad in January 2021 to pursue a Ph.D. in Anthropology at the Universidad Iberoamericana de México. 13 months later, in February 2022 she was twice denied entry into Cuba by American Airlines personnel on the instructions of Cuban government officials.

"'Right now I have no country, nowhere to return to, no residence in any other country in the world, no visa to anywhere and here I am,' said [ Anamely Ramos González ] in an interview with the Miami Herald outside Versailles restaurant in Little Havana," reported Nora Gámez Torres after she was turned away on February 16th. 

These were not the first two incidents of a Cuban national being arbitrarily denied the right to return home by the Castro dictatorship.

Estimates range between 70,000 to 300,000 Cubans banned by the Cuban government from returning to their homeland reported The Miami Herald on August 15, 2011 in the article titled "Many Cuban expatriates can't go home again". Despite claims made by both Havana and Washington in 2013 that the Cuban government had liberalized travel to the island, the cases of cruel family separations remain a constant.

223 Cubans have been identified that have been either denied the right to leave or enter Cuba. There are many more, but many are afraid to defy the dictatorship and have their families in the island suffer further reprisals by going public.

Anamely after being told by American Airlines she couldn't board flight home on 2/27/22

This policy of the Castro regime to divide families has a long history, and an ideological foundation. Carlos Eire, a professor at Yale University, a Cuban exile, and former Pedro Pan child in Babalu Blog on January 2, 2020 wrote how he "once had the opportunity of asking one of Fidel’s closest associates, Carlos Franqui, why the top brass of the Castro regime intentionally prevented thousands of Cuban parents from reuniting with their Pedro Pan children in the U.S.. Franqui, who served as a propaganda minister to Fidel before being purged, responded to my question with a huge smile on his face: 'We did it because anything that would destroy the bourgeois family was good for us.'"

These are violations of two fundamental human rights. 

 Article 12 of the Universal Declaration of Human Rights states: 

"No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."
Article 13 of the Universal Declaration of Human Rights states: 
"Everyone has the right to freedom of movement and residence within the borders of each state.
Everyone has the right to leave any country, including his own, and to return to his
country."

Havana has systematically violated these universal human rights over 60 years. Until 2013, Cubans who stayed abroad over 11 months lost their right to return. 

In 2013 Cuban law increased the amount of time Cubans could spend overseas without losing their residency rights from 11 months to two years, but in the case of Anamely Ramos she is being denied her right to return. She has been out of the country for 13 months.

Anamely Ramos with Sirley Avila Leon

Denying Anamely Ramos her right to return to her home and be reunited with her family is not only a violation of Articles 12 and 13 of the Universal Declaration of Human Rights, but violates existing Cuban law, demonstrating the tyrannical nature of the Cuban government, and the decades long internal blockade erected against Cubans by the Castro regime. 

Until recently, Cubans would fly to Cuba, and be turned around at customs. Now, American Airlines is carrying out the instruction of the Cuban government barring Cuban nationals from boarding their flights home. 

But the dictatorship is not a reliable partner.  

On February16th American Airlines did not provide any documentation indicating why Anamely could not travel, but a verbally told her the Cuban government had denied her right to return.

Two days later on social media Prisoners Defenders released an excerpt from a Cuban government television program called "Al Filo" [ To the point] in which the spokeswoman said it was not Cuba but American Airlines that had barred Anamely from flying.

We (Cuba) know so far the same as she and the journalists, who were apparently waiting for her behind the check in table: that the airline does not allow her to travel because they allege that Cuba prohibits her entry. Just that, without further details. And although until now the most direct and objective refusal was not given by us, the media have a culprit, of course, because as always "Miami confirms it." 
This placed American Airlines in the hot seat. Their "partner government" had thrown them under the bus and claimed it was the U.S. company denying Anamely Ramos the right to travel. They have been a lot of bad press with headlines such as "American Airlines Caves to Authoritarian Communist Regime."

There is a petition underway calling American Airlines to account for this new relationship with the Cuban dictatorship, and its complicity in denying her human right to return home to her country that is found under Article 13 of the Universal Declaration of Human Rights, and calls them out for violating the UN Global Compact on Human Rights, Labor, Environment, and Anti-corruption.

"According to your letter to the United Nations Secretary General, H.E. Antonio Guterres, dated February 15th, 2021, American Airlines adhered to the 10 Principles of the UN Global Compact on human rights, labor, environment and anti-corruption." ...

"By not allowing Ms. Ramos González to go back to her country of residence, your company’s officers violated article 13 of the Universal Declaration of Human Rights, basically the right to freedom of movement. This rights is included in Principle 1 of the Global Compact stating: 'Businesses should support and respect the protection of internationally proclaimed human rights.'"

"At the same time, by following a protocol and orders by the migratory authorities of the totalitarian government of Cuba with no legal standing, you have violated Principle 2 of the Global Compact that states: 'Business should make sure that they are not complicit in human rights abuses.'"

The world is witnessing now the havoc that normalized relations that economically empowered totalitarian dictatorships ( Communist China's role in covering up and contributing to a world wide pandemic), and authoritarian dictatorships (Vladimir Putin invading Ukraine and threatening nuclear war) is threatening tens of millions of lives, but it all began with small moral compromises out of the mistaken belief that the ends justify the means.

The trouble with morally compromising with these regimes is that there is no bottom. Below is a Tweet by a Cuban government agent of influence that has images that border on racism.

Czech dissident, playwright, and president Václav Havel believed that moral actions, no matter how small or futile they may appear at the time can have profound consequences for both freedom and a just society. It is because the world is not a puzzle to be solved but incredibly much more complex that decisions of right and wrong made by each person have such great importance.

The New York Times in their October 13, 2009 issue in an article titled Vaclav Havel, Still a Man of Morals and Mischief: reported that in an interview that was supposed to be about the revolutions that overturned communism 20 years earlier that President Havel raised the question asking if it was true that President Obama had refused to meet the Dalai Lama? Havel replied:

“It is only a minor compromise,” Mr. Havel said of the nonreception of the Tibetan leader. “But exactly with these minor compromises start the big and dangerous ones, the real problems. “This is actually the first time I really do mind something Obama did,” Mr. Havel said. He minded it “much more” than Mr. Obama’s recent decision not to station elements of a missile-defense system in the Czech Republic, a move that several Central European politicians criticized but that Mr. Havel noted was ultimately “an internal American decision.”

These compromises were also seen with regard to normalizing relations with Cuba. 

Carnival Cruise Line signed an agreement with Castro regime officials on March 21, 2016 to sail to Cuba from the United States. In order to conduct their core mission Carnival had to agree to enforce the Castro dictatorship's policy that bans all Cubans from traveling into the island by water. It did not matter if Cubans born on the island were now citizens of another country.  ( Obama's Treasury Department on July 7, 2015 had signed off on the Carnival Cruise Line - Castro regime alliance ignoring that an entire class of Americans would be discriminated against based on their national origin.).

Today, American Airlines provided a Cuban government document identifying the Cuban official, representing the dictatorship in writing that Anamely Ramos would not be allowed to enter Cuba. The document is titled, "Notification to airlines of inadmissible passengers in national territory" and is signed by Lieutenant Colonel Néstor Morera.

Sadly, to obtain this information required eleven days of protests, and demands of transparency combined with the Castro regime denying the verbal statement made by American Airlines, and placing all the blame on the American carrier.

Anamely Ramos, and other Cuban dissidents, are observing that Cuba is not becoming more like the free world with normalization, but the free world is becoming more like Cuba.  Time to end normal relations with abnormal regimes, while we hopefully still can. 

Anamely Ramos shows Cuban government document provided by American Airlines.
 
Below was a live video program Anamely held on Facebook after she left the airport today and returned to the outskirts of Versailles, and further down is an excerpt from a statement she released today exposing the moral compromise made by American Airlines with Havana.

"Today I tried again to board an AA [American Airlines] flight to my country. 

Cuba reissued a notification informing the airline that I am not admitted within the national territory and that, therefore, they "recommend" AA not to board me.

I want to be explicit with this: the decision not to admit is from the Cuban State, the decision to abide by that decision and not let me get on the plane is from American Airlines. They are two different responsibilities and it is Cuba who is most interested in making them one, so as not to have to make an official pronouncement. They act with AA as they do with people who are going to do an act of repudiation of an opponent.

It is not the State Security agents who shout and appear on camera, they are the ones who softly tell people "from the town" to shout and not let other citizens out. The notification received by AA, and which was delivered to me today, is signed by a Lieutenant Colonel, a more than clear sign of who is behind a flagrant violation of human rights.

It was very convenient for Cuba that this whole operation was kept in the shadows. The agreement or protocol that AA cites all the time as the norm that they cannot violate is not public.

 Maybe it doesn't even exist in writing. Maybe it's just an oral agreement. An agreement that collides with the Global Pact that AA signed in 2021 and that speaks of respect for human rights (in this case the right to return) of people - clients."

 #RightToReturn #DerechoARegresar

Thursday, January 2, 2020

Cuban national with passport in order, and plane ticket not allowed to return home to Cuba by Castro regime

"Article 13.(1) Everyone has the right to freedom of movement and residence within the borders of each state.(2) Everyone has the right to leave any country, including his own, and to return to his country."  - Universal Declaration of Human Rights, signed by Cuba on December 10, 1948


Cuba, national home of all Cubans

Declaration of the Christian Liberation Movement.

Regis Iglesias Ramírez has been a spokesman for the Christian Liberation Movement for decades, a Cuban citizen by birth, he was unjustly condemned in the Spring of Cuba in 2003 and banished to Spain in August 2010.

In the early hours of January 1, Regis, in use of his right as a Cuban national carrying his valid passport and a ticket previously reserved in his name on American Airlines, appeared at the Miami International Airport to board a flight of said American airline bound for Havana.

When checking his documentation before the American Airlines officials, he was informed by them, that the Government of Cuba had notified the airline, that Regis Iglesias had a ban on entry to the island and therefore could not board his flight.

The Christian Liberation Movement

1-Strongly condemns the discriminatory practice of the island's regime against Cuban citizens, in frank violation of international law and in total disregard for the Universal Declaration of Human Rights of which Cuba is a signatory.

2-We urge all democratic governments and institutions, to join this condemnation and demand the Cuban military economic junta, cease immediately this sustained practice of banishing Cubans, which demonstrates the exclusionary, segregationist and disrespectful character of the Cuban rulers to the most elementary legal norms.

3-We denounce before world public opinion and in particular before the authorities of the United States of America, the complicit practice of American Airlines as a direct executor of said violations of individual rights, by abiding by and enforcing the arbitrary, illegitimate and illegal abuses of a dictatorship against their nationals who only claim, in the exercise of their inalienable right, to return to the land that saw them born.

Cuba is the national home of all Cubans, without distinction, of any kind.

On behalf of the M.C.L Coordinating Council

Regis Iglesias,
José Miguel Martínez,
Jesús Mustafá,
Ernesto Martini,
Carlos Payá,
Tony Díaz.



Cuba, hogar nacional de todos los cubanos

Declaración del Movimiento Cristiano Liberación.

¨Cuba, hogar nacional de todos los cubanos¨

Regis Iglesias Ramírez es Portavoz del Movimiento Cristiano Liberación desde hace décadas, ciudadano cubano por nacimiento, fue condenado injustamente en la Primavera de Cuba del 2003 y desterrado a España en Agosto 2010.

En la madrugada de este 1 de enero, Regis, en uso de su derecho como nacional cubano portando su pasaporte vigente y un boleto previamente reservado a su nombre en American Airlines, se personó en el Aeropuerto Internacional de Miami para abordar un vuelo de dicha aerolínea norteamericana con destino a la Habana.

Al chequear su documentación ante los funcionarios de American Airlines, fue informado por los mismos, que el Gobierno de Cuba había notificado a la aerolínea, que Regis Iglesias tiene una prohibición de entrada a la isla y que por tanto, no podía abordar su vuelo.

El Movimiento Cristiano Liberación

1-Condena enérgicamente la práctica discriminatoria del régimen de la isla contra ciudadanos cubanos, en franca violación del derecho internacional y en total desprecio por la Declaración Universal de Derechos Humanos de la cual Cuba es signataria.

2-Instamos a todos los gobiernos democráticos e instituciones, a sumarse a esta condena y a exigir a la junta económico militar cubana, el cese inmediato de la práctica sostenida de destierro a cubanos, la cual demuestra el carácter excluyente, segregacionista y de irrespeto de los gobernantes cubanos a las más elementales normas del derecho.

3-Denunciamos ante la opinión pública mundial y en particular ante las autoridades de los Estados Unidos de América, la práctica cómplice de American Airlines como ejecutor directo de dichas violaciones al derecho individual, al acatar y hacer cumplir los arbitrarios, ilegítimos e ilegales abusos de una dictadura contra sus nacionales que únicamente pretenden, en el ejercicio de su derecho inalienable, regresar a la tierra que los vio nacer.

Cuba es hogar nacional de todos los cubanos, sin ninguna distinción, de ninguna índole.

A nombre del Consejo Coordinador del M.C.L

Regis Iglesias,
José Miguel Martínez,
Jesús Mustafá,
Ernesto Martini,
Carlos Payá,
Tony Díaz.

Source: http://www.oswaldopaya.org/es/2020/01/02/cuba-hogar-nacional-de-todos-los-cubanos/



Saturday, May 12, 2018

Cuba is a dictatorship that brutalizes blind dissenters: Time to hold it accountable

Note to UPR 30 and the Office of the High Commissioner of Human Rights: Cuba is a dictatorship.

Blind Rights Defender Juan Carlos Gonzalez Leiva
The dictatorship in Cuba systematically violates all human rights both in law and in action. Article 13 of the Universal Declaration of Human Rights recognizes the right of all persons to to travel into and out of their own country. The regime in Cuba does not recognize that right and treats it as a priviledge to be granted or taken away at the whim of the dictatorship. The concerns raised by the Office of the High Commissioner calls attention to the problem but with diplomatic language that minimizes the true extent of the problem.

Will the Office of the High Commissioner speak out against the physical assault of Juan Carlos Gonzalez Leiva, a blind human rights defender, on January 9, 2014 at 10:30am?  Together with his wife, Tania Maceda Guerra, and six other activists in Ciego de Avila, his home town, he was distributing "Voz Avileña", a dissident publication. Juan Carlos described what happened next.
I carried in my hand a copy of the newsletter "The Avileña Voice." There was a very large state security operation and they demanded that we give them the newsletter. When I refused and we eight activists sat on the ground, and began to shout, " Freedom", "Long live human rights" and "Down with Fidel" military troops reinforcements arrived and they beat us up. We were taken by car to the First police headquarters. During the trip a police officer pulled my wife's hair and bit her hands. I responded to the police officer biting him and then the official gave me a savage beating to the point that it made ​​me lose consciousness. They hit me so many times that I have both the right foot and index finger of the left hand broken. I have aches and bruises throughout my entire body . To all the activists who were with me Junior Ortega Rivero, Daniel Camacho Marchena, Daniel Martínez, Alberto Pla Risco, Quintana Sarría and others that were with me, all were violently beaten and dragged away and were also detained. Without any explanation we were all released around 3:00pm in the afternoon.
Ignorance is not an excuse for the Human Rights Council. On September 16, 2014 Juan Carlos Gonzalez Leiva spoke before the Council and denounced the brutal beating he and the other activists suffered placing it in the larger context. Seven months later another Cuban human rights defender, Sirley Avila Leon, was the victim of a machete attack that cost her a hand and the use of both knees.

Allowing the Castro regime to operate with impunity is unacceptable and there needs to be a cost for the criminal actions taken.  Time to indict Raul Castro.

Wednesday, October 16, 2013

How the lack of freedom to travel impacts a father and daughter

Article 13 of the Universal Declaration of Human Rights: "(1) Everyone has the right to freedom of movement and residence within the borders of each state. (2) Everyone has the right to leave any country, including his own, and to return to his country."

Blanca Reyes: Denied entry to Cuba to visit her ailing dad
The press reports Cuban government statistics on travel to the island without the means to verify from an independent source while others talk about reforms. At the same time Cuban families continue to be divided by the communist dictatorship. One example, first reported back on August 14, has ended tragically.

Blanca Reyes had requested on July 22, 2013 permission to return to her homeland to visit her ailing 93 year old father and on August 13, 2013 was denied by a Cuban consulate official.  Two months later on October 13, 2013 Blanca tweeted:
"My dad fractured his hip, they are going to operate, and Cuban government denies me entrance to see him. He is 93 years old."
In a later tweet she raised an important question:
"Unable to enter your home, Cuba, can someone explain that? I address the people who still support the Cuban Government." 
Two days later on October 15, 2013 over twitter received the sad news that father and daughter were never again to be reunited:
"My father died today in Cuba did not see him for 9 years the Cuban government stopped me. UNTIL WHEN MY GOD?"
The denial of the freedom to travel in this particular case has led to the separation of a family and great suffering. Between 70,000 and 300,000 Cubans are banned from returning to their homeland under arbitrary criteria set up by the dictatorship.

Article 13 of the Universal Declaration of Human Rights, like so many other articles in that declaration, is systematically violated in Cuba today.


Saturday, February 9, 2013

Correcting Reuters on the Cuban Adjustment Act

Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country. 



 Reuters has published a misleading article describing the Cuban Refugee Adjustment Act as a "perk" despite the fact that Cuba remains the only nation in the Western Hemisphere in which its citizenry is not free to enter and exit their own country.

This is the fundamental reason why the Cuban Adjustment Act was originally enacted on November 2, 1966 and remains relevant and needed today. 

Despite the newest regulations, the fact remains that the granting, now of passports [instead of the hated white card], remains arbitrary in addition to restricting entire groups of people that are considered "assets" of the government.

At the same time it would be important to identify those who are regime elites or state security agents seeking to advance the dictatorship's totalitarian agenda abroad.  The Clinton Administration's 1995 Immigration Accord with the Castro government and the lottery it generated which was controlled by the regime in Cuba has meant that regime agents and elites have been able to abuse the process. At the same time actual Cuban refugees have been deported back to Cuba and prison under the infamous wet foot, dry foot policy that sought to subvert the spirit of the 1966 Law.

Carl McGill offered a succinct explanation as to the immorality of the 1995 Accord stating:
"Clinton's policy to return 'rafters' to Cuba is like returning a slave in pre-Civil War America back to his enslaver. This would have condoned civil rights violations and slavery, as returning a 'rafter' to Cuba condones human rights violations and communism. Clinton's decision on this issue is wrong." 
 This needs to be addressed and repressive communist party members barred from entering the United States, but the 1966 Cuban Adjustment Act needs to be maintained and restored so that refugees are no longer returned to their oppressor until Cubans are finally free to enter and exit their own homeland.

This systematic denial of a basic human right to all Cubans is the reason why the Cuban Adjustment Act is not a "perk" but the response of the United States of America to a situation that effectively makes all Cubans leaving the island without permission, a political refugee. In the case of athletes, and others considered of strategic value - deciding to remain abroad - is considered an act of treason and the Cuban in question, a defector. Baseball players suspected of wanting to leave were banned from playing the sport in Cuba.