A/HRC/39/41
5.
Cuba
19.
On 11 May 2018, the spokesperson for the High Commissioner for Human Rights
stated that OHCHR had received worrying reports that officials in Cuba have prevented a
number of human rights defenders and civil society representatives from boarding flights to
travel to meetings abroad on the pretext of requiring more detailed identity checks. Those
measures have resulted in passengers missing their flights, and therefore the meetings,
which in many cases, were organized by a United Nations entity. At the time of writing
OHCHR had received direct information relating to 14 cases of Cuban human rights
defenders who were told by officials that the computer system required extra screening.
20.
There have also been reports that dozens of other people may have been stopped in
this way from travelling, allegedly with no explanation by the Cuban authorities as to why
they were held up nor on whose orders. Civil society organizations reported that the
numbers of such instances have increased since 2016 and some human rights organizations
were even informed that they would be banned from travelling outside Cuba until June
2018.
21.
The spokesperson called on the Cuban authorities to respect everyone’s right to
freedom of expression and to freedom of movement, and to ensure that human rights
defenders and civil society representatives are not unjustifiably prevented from travelling,
including those planning to attend United Nations meetings, in particular its universal
periodic review on 16 May 2018 in Geneva.
22.
On 9 February 2018, two special procedures mandate holders expressed their
concern to the Government about allegations of interrogation, threats and unofficial travel
bans in individual cases, including Mr. JoséErnesto Morales Estrada of Consejerí
a Jurí
dica
e Instrucción Cívica (CUB 1/2018). Mr. Morales Estrada has collaborated with the United
Nations on different occasions, mainly the Human Rights Council and treaty bodies.
Mr. Morales Estrada travelled to Geneva at the end of November 2017 to take part in the
94th session of the Committee on the Elimination of Racial Discrimination and the 10th
session of the United Nations Forum on Minority Issues.
23.
On 18 December 2017, Mr. Morales Estrada received a summons to appear before
the local police in Pinar del Rí
o. During his interrogation, he was allegedly threatened and
informed that from that day he would be prohibited from traveling outside of Cuba due to
his human rights advocacy with the United Nations. The official-in-charge is alleged to
have said that his participation in United Nations forums had negative effects for Cuba at
the international level. In a letter dated 6 April 2018, the Government categorically rejected
the allegations, stating that Cuba does not detain, threaten or harass people for peacefully
exercising their rights and that Mr. Morales Estrada is free to leave the country.
24.
According to information received on 18 February 2018, Ms. Dora L. Mesa, of
Asociación Cubana para el Desarrollo de la ducación Infantil (ACDEI), was advised at the
passport office (Oficinas de la Dirección de Inmigración y Extranjerí
a) that an indefinite
travel ban had been imposed on her due to ‘public interest.’ Ms. Mesa has no past criminal
or judicial charge pending, and there is concern that this de facto travel ban has been
imposed as a reprisal in relation to her previous engagement with United Nations human
rights mechanisms and to prevent her from engaging with the universal periodic review.
She has reportedly been subject to surveillance and harassment at her home.
25.
Ms. Mesa, Mr. Juan Antonio Madrazo Luna and Ms. Marthadela Tamayo González,
had planned to participate in pre-meetings related to the universal periodic review. On 7
April 2018, Mr. Madrazo Luna and Ms. Tamayo González both members of the Comité
Ciudadanos por la Integración Racial (CIR), were subject to intense scrutiny at the airport
by customs and immigration officials, and were prevented from being able to board the
plane to travel to Geneva. On 12 May 2018, Mr. Madrazo Luna was traveling to attend the
universal periodic review session and intercepted at Havana airport and detained by the
police for two hours for a “verification of (his) documents” which ensured he missed his
flight to Geneva (via Madrid). It was also reported that the taxi driver driving Mr. Madrazo
Luna to the airport was fined by the police, detained and driven to a police station where he
was interrogated. During the universal periodic review of Cuba in May 2018, a Member
State recommended that Cuba allow human rights defenders and civil society to engage
with the United Nations and its mechanisms (see A/HRC/39/16, para. 24.158).
GE.18-13325
21