>from: [EMAIL PROTECTED]
>Subject: Cuba -Message to US State Dept.
>Date: Sun, 3 Sep 2000
>
>
>The Ministry of Foreign Affairs presents its complements to the Honorable
>Embassy of Switzerland, the Interest Section of the United States of
>America, and takes this opportunity to inform the following.
>Last Monday, 28 August, the Ministry of Foreign Affairs received Note
>241/19
>from the State Department in texts delivered in Washington and Havana -
>which, although very similar are curiously, not identical -. One of the
>versions of the Note was simultaneously given by its authors to the press in
>Washington D.C. We are replying to it with this Note. Later the same day
>State Department spokesman, Philip Reeker, made some statements which
>deserve comment in our reply. Peter Romero, the Undersecretary of State
>and
>even the Secretary of State herself have added their voices to these kinds
>of comments in a slanderous publicity stunt. This suspiciously coincides
>with the visit to Miami of the presidential candidates who are competing for
>contributions from and the support of the Cuban-American terrorist mafia.
>
>The State Department's version is an attempt devoid of any seriousness
>which tries to falsify facts and cover up the irresponsible behavior of its
>government which openly and systematically violates the migration
>accords signed with Cuba.
>
>The only truth about the US note is that everything it states - even the
>most ludicrous aspects --has been said before by the US representatives at
>the bilateral migration talks.  On every occasion the Cuban delegation has
>given an appropriate reply and has demonstrated the superficiality or lack
>of foundation of the US allegations. The State Department's Note doesn't
>refer to that. Neither is there any mention of the basic problems which
>seriously affect the implementation of the migration accords and which
>have been what have in fact taken up the greater part of the time in our
>talks, as can be seen from the minutes of the meetings. Common sense tells
>us that we should first refer to these important matters, not forgetting to
>reply, one by one, to the list of falsehoods, on other issues, all of them
>secondary, with which the State Department's document is packed to the
>brim.
>
>We have done this patiently in the bilateral meetings. We are left with no
>other recourse than to do this publicly, since that is what Washington has
>done.
>
>In one of his most picturesque statements, Mr. Reeker made reference to
>the denunciations made by Cuba against the Cuban Adjustment Act and
>presented them as an alleged excuse and as something which our
>government has only recently raised. Nothing could be farther from the
>truth. That Act, the policy behind it, its nefarious consequences and the
>need to put an end to it have always been the main issue raised by the
>Cuban delegation.
>Therefore, these issues have always been at the core of the discussions
>during the bilateral talks, including those that led to the accords of 1984,
>1994 and 1995.
>
>After intensive negotiations at the most recent talks in the summer of 1994,
>an agreement was reached on 9 September. In its first paragraph it states
>specifically that: "Those migrants who are rescued at sea and who are
>trying to enter the United States will not be permitted to enter the United
>States"
>.  Further on it adds that: "In addition, the United States has discontinued
>its practice of giving provisional entry to all Cuban migrants who reach US
>territory by irregular means".  It is easy to understand that this paragraph
>contains a clear recognition by the United States, which up to that point
>had taken anyone interdicted at sea to its territory. It also admitted
>anyone who arrived under his or her own steam and it offered resident
>status to everyone under the Cuban Adjustment Act. The clear, explicit
>commitment in this paragraph to cease this practice is the foundation on
>which the accords of 1994 and 1995 were based.
>
>The United States' compliance with this obligation began to weaken as time
>went by. The return to Cuba of people rescued at sea has become more and
>more selective and the number of people taken to United States territory by
>Coast Guard units has grown. Cuba has repeatedly denounced this situation,
>as we have done about Washington's systematic and arrogant refusal to
>release any information about those who somehow manage to reach its
>shores.
>And that's in spite of the fact that both the authorities and relatives in
>Cuba have the duty and the right to request this information, especially
>when there have been accidents.
>
>Moreover, on April 19 last year, the Commissioner of the Immigration and
>Naturalization Service, Doris Meissner, circulated a memo to her
>subordinates making clear the fact that the provisions of the 1996
>Migration Law to be applied to persons of any other nationality were not to
>be applied to Cuban migrants "no matter how they reached the United
>States". Cubans were to continue to be admitted and then granted residence
>as per the Cuban Adjustment Act.  A week later, on April 26, the INS
>reiterated this decision in a press release. The US government's subversive
>radio broadcasts aimed at Cuba, the libelous propaganda from the
>aforementioned mafia and the commercial media all gave wide coverage to
>the Commissioner's announcements and have spent their time magnifying
>each instance of illegal migration by creating a seditious policy christened
>"wetfoot/dryfoot".They have gone as far as to allege that this policy is
>related to the migration accords. Since then Cuba has protested and
>complained through diplomatic channels about what is a serious and
>irresponsible violation not only of the spirit but also of the letter of the
>accords adopted in 1994 and 1995.
>
>On June 2, 1999 this was one of the main topics around which the bilateral
>meeting held in New York revolved. Specifically, our delegation called on
>the US representatives to explain the meaning of the policy announced by
>the Commissioner and to explain how it could be consistent with the
>existence of the accords which it obviously contradicted and undermined.
>This
>contradiction was so obvious that on that occasion the US delegation could
>not give an official answer. However it promised to issue one later through
>diplomatic channels. During the following six months, in spite of our
>repeated requests, the United States could not or did not want to try to
>give an explanation. That's how we arrived at the following round of
>migration talks held in Havana on December 13. This was, in essence, a
>replay of the round of talks held in June: Cuba denouncing the criminal
>Cuban Adjustment Act, its amendments and additions since April of the
>previous year, and the United States still being incapable of explaining its
>irresponsible and incoherent policy which ignores the accords it has
>signed and impinges, day after day, on its effectiveness.
>
>The other subject on which the attention of both delegations was focussed,
>both in June as in December, was that of people smuggling. On both
>occasions we denounced Washington's inaction -- bordering-on --
>tolerance of this growing and abject trafficking.  That jeopardizes the lives
>of human beings for the profit of gangs of criminals which are organized
>in the United States by people who live there and operate from their
>territory using US means and resources. We have insisted on the US
>obligation to pursue and really punish this crime, we have demanded that
>the guilty persons be brought to trial over there and in order to make
>things easier for them, in June we gave them 26 files on individuals
>involved in such crimes whom we had arrested in Cuba up to that date. They
>have done nothing about it.
>
>We reiterated our demand in December, only that, by then, the number of
>smugglers in jail in Cuba had increased to 56. We reiterate our demand
>today, when the number is already 68.
>When we met in Havana last year, it was relatively early on in the affair of
>the kidnapping and arbitrary detention in the United States of the child
>Elian Gonzalez Brotons. This case was, without doubt, a dramatic indication
>of where US policy leads. On the very day we met, 13 December, two US
>officials met in C�rdenas with Juan Miguel Gonzalez, the child's father, and
>were given abundant proof of what an exemplary father he is. If
>Washington had attached even the tiniest importance to international
>standards, if it had been encouraged by any respect for order and legality
>in migration issues, if, at the very least, it had followed its own laws or
>the
>feelings of its own people, the Elian's case would have been resolved a few
>days after that round of Migration Talks. What happened afterwards is only
>too well known.
>
>In view of the fact that, in spite of our efforts, there had been no
>progress whatsoever in matters as fundamental as the implementation of
>the Cuban Adjustment Act and people smuggling, and with the constructive
>spirit of trying to create conditions conducive to the full implementation of
>the accords signed, Cuba proposed and publicly announced, that we would
>meet again in January 2000 to discuss these issues. Although this proposal
>was accepted in principle by the visiting delegation, the spokesman of the
>State Department, almost immediately, rejected it when speaking to the
>press.
>When we presented them our protest they replied that what the spokesman
>had said was not the official position and that the US side was looking for a
>date for the meeting initially agreed upon. Several months went by and the
>Americans suggested that we meet in June, on the very days when the US
>Supreme Court's decision on the Elian Gonzalez case was expected, since that
>situation had gone on so long and had reached that point due to theunheard
>of behavior of the US authorities. For that reason, and once again, as an
>expression of our constructive spirit, we suggested that the meeting be
>postponed until conditions were more favorable. We have been waiting for
>the United States to suggest a date ever since.
>
>Therefore, if this were not a matter of importance which affects the lives
>of human beings, what it says in the US note when it allows itself "to call
>upon the Cuban government to agree to immediately resume the Migration
>Talks which it had previously postponed", would move to laughter. It turns
>out to be impossible to suppress an amused astonishment when reading in
>the same Note a reference to "a profound and meaningful dialogue on
>migration issues"
>. Would the State Department dare to repeat this phrase in front of its
>friends in Miami?  Isn't this the same State Department which on the eve of
>and after each and every migration meeting took great pains to repeat that
>it was only a technical, routine, unimportant meeting as they surely did
>when they finally announced in June the "profound and meaningful"
>meeting which had been suggested to them six months earlier?
>
>Let's move on to give a brief examination to the "profound and meaningful"
>themes mentioned in the State Department's Note.
>They begin by stating that the Cuban policy would supposedly be "forcing
>legally qualified migrants to consider illegal migration as a means of
>gaining entry into the United States". The reply to this utter falsehood is
>what the Cuban delegation has proposed, and to which it has had no reply,
>in the bilateral talks: let them name one person, at least one who having
>obtained a US visa had decided to risk his or her life in an illegal journey
>because Cuba would have prevented them from leaving through ordinary
>means.
>There in the United States they have accepted several thousands of Cubans
>over the last few years who have arrived illegally. Why have they never
>mentioned a single one who had a US visa?
>
>Without ever having given a concrete example, however, the Note
>continues to
>claim that what is at issue here is "a large and growing number" and,
>showing an arrogant disregard for international law, it allows itself to
>issue judgements on Cuban norms and regulations inherent to our internal
>jurisdiction and therefore within our exclusive sphere of competence. In
>doing so they show special interest in two categories of people: defectors
>and health professionals. Although it is understandable that the Empire
>would try to favor those who place themselves at its disposal, there is no
>moral justification for giving preference to those individuals who decided
>to betray their native land and abandon their families over and above
>citizens who want to emigrate through ordinary means. As for the few
>health professionals willing to follow the siren songs of Washington, this is
>a shameful demonstration of the US practice of attempting to rob an
>underdeveloped country of its qualified personnel who, from the time they
>were preschoolers, were educated and trained in Cuba free of charge
>thanks to the sacrifice of the people and as a result of a policy of social and
>educational development. Over there, in spite of their economic power, they
>have been unable to implement such policies and that is reflected in the
>deplorable conditions of more than forty million US citizens lacking
>adequate health coverage. Such behavior is twice as despicable if one takes
>into account that it also attempts to sabotage the comprehensive health
>programs that Cuba, in spite of its poverty, the blockade and the United
>States' economic warfare offers to a great many Third World countries,
>providing health care to millions of people and saving thousands of lives.
>
>Unabated in its unreflecting interference, the Note claims to have the right
>of expressing opinions about the payments that are to be made by
>emigrants for certain services that the Cuban society provides them with so
>that they can meet the requirements established by the United States. These
>services, which include expensive medical examinations, have to be
>provided to them by the only country in the world suffering from a total
>economic blockade which renders scarce or makes it difficult to gain access
>to the supplies needed to provide these services.  A country, moreover,
>which has guaranteed all its citizens, even to those who decide to
>immigrate, free education and medical care for life.
>
>But it is simply amazing that it would occur to Washington to allude to this
>matter when they are the ones who charge large sums of money to anyone
>who aspires to emigrate to or visit that country, including in those
>numerous cases when visas are denied. So as to refresh their memories let
>them be reminded of a few facts. Just for being interviewed, those who
>manage to be included in the so-called Special Cuban Migration Program,
>they must pay the USIS $US260. Those who appear in the so-called World
>Program must shell out$US350.
>In both cases, if the applicants are ultimately not granted visas,
>their money is not returned to them. Those who do get a visa must pay an
>additional $US65. As for those Cubans who only wish to visit the United
>States, they have to pay $US45 just to be interviewed and, in the case that
>they are granted a visa, they must hand over another $US26. If the visa is
>denied, as in the previous two cases, their money is not returned. We will
>not go into other charges that immigrants have to incur into for various
>formalities for this would fill up several other pages. These include, for
>example, the $US220 which they have to pay to apply for residence and the
>$US100 for a work permit. Do those in the State Department remember the
>basic rules of arithmetics? How much have they gained from this lucrative
>business in Cuba and in the world even when the would-be immigrants had
>not benefited from US benevolence?
>
>To sum up, the Note encloses a list of those affected by what they call  "a
>large and growing problem".  It is about no less than 56 cases. In one of
>the most amusing moments of his meeting with the press, Mr. Reeker,
>alluding to the alleged difficulties to emigrate which originate in the costs
>which have to be paid to Cuba, mentioned another ever more enlightening
>number: one person who, according to him, has not been able to emigrate
>for that reason.
>
>By the way, in the version of the Note delivered in Havana there is a
>paragraph which does not appear in the one that was given to us in
>Washington, which advices that some of these cases might have been
>resolved and that perhaps some of the people mentioned in the annex
>might have already emigrated.
>
>What is the significance of these ridiculous figures when contrasted with
>the more than one hundred thousand who have emigrated legally since
>1994 under the provisions of the accords?  What about the tens of thousands
>of people, including thousands of counterrevolutionary ex-prisoners who
>acted
>against our country in the service of the US and their families, who have
>emigrated over the course of the years by virtue of the consistent and
>serious policy and the generous principles which have always ruled our
>migration policy? After all, what would be the significance of 56 cases of
>individuals or families who may not have been able to emigrate, as
>compared to the tens of thousands of illegal immigrants, who from January
>1959 on have been received by Washington with open arms, without
>having met any requirements. These include Batista's followers and their
>coterie of murderers and embezzlers who before and after the accords stole
>boats and used crime and violence to help them emigrate.
>Towards the end of its note, the State Department brings together several
>issues which it says are pending and requests that they are addressed with
>the "seriousness they deserve". These are:
>
>�                    To allow a new registration period for persons who wish
>to participate in the so-called Special Cuban Migration Program. They have
>already implemented this Program three times, the most recent occasion
>being
>in 1998.  They claim they had destroyed the information they had. When we
>authorized this on the last occasion they were advised to keep the
>information safely since we were not prepared to allow the repetition of a
>mechanism clearly directed at matters connected with the US aggressive
>policy against Cuba and having nothing to do with migration matters.
>
>�                    Clearance to use an additional, larger port for the
>repatriation of the illegal migrants that they return. In the meetings with
>their representatives, the United States has not been able to explain either
>the need for nor the importance of this request, especially when the
>number
>of people they return is getting less every year.
>
>�                    An addition to consular personnel at the United States
>Interests Section in Havana and permission to send consular circuit riders
>to Santiago. We see no justification whatsoever for these requests and we
>have made that known to them. It is ironic that in the same Note in which
>they maliciously and falsely allege there are imaginary difficulties created
>by Cuba impeding the normal migratory flow, they raise the question of
>needing more officials to deal with this flow.
>
>�                    Agreement on the unconditional return to Cuba of those
>whom they call "repeat rafters". This curious designation seems to refer to
>people who, having already established themselves in the United States,
>enter and leave Cuba illegally. This is an unacceptable demand, among
>another reasons because activities associated with people smuggling and
>other crimes can be hidden behind this practice.
>
>�                    Better access to repatriated migrants as part of the
>U.S. government's "monitoring" efforts. (This phrase appears in the text
>delivered in Washington but it is not in the version handed over in
>Havana).
>As to this point, we must reiterate to Washington that Cuba has no
>obligation whatsoever in this respect. There is not one single line about
>this in the text of the Migration Accords. We have allowed this access in
>the past as a gesture of courtesy, but some time ago we advised them that we
>did not consider that we were necessarily obliged to continue doing so in
>the future. As a reminder, we should point out that in 1997 their officials
>made 9 journeys to the interior of the country, supposedly to meet with 799
>repatriated persons; in 1998 they traveled on 11 occasions to meet with 811
>persons; in 1999 they traveled on 15 ocassions to meet with 2,813 citizens;
>and so far this year the figures are 9 journeys to meet with 821 people. As
>the State Department well knows, meetings with people returned to Cuba
>only served to show that none were subject to reprisals for having tried to
>emigrate illegally. This Department also well knows that the visits paid by
>its officials have in fact been used for subversive activities against Cuba,
>which is the main purpose of its office in Havana.
>
>For more than forty years, the United States has cynically manipulated
>migration issues as part of the arsenal used in its fruitless attempt to
>bring down the Cuban Revolution. Its behavior has never been inspired by
>humanitarian considerations. Quite the contrary. It has implemented a
>cruel policy causing numerous deaths and incalculable human suffering.
>The Cuban Adjustment Act is the synthesis of a systematic practice of
>contempt for human life and personal dignity, which must stop completely
>and definitively.
>
>What this government needs to adjust is the status of millions of Latin
>Americans who live over there in an unending legal limbo and suffer a
>hell of poverty, discrimination and persecution, lacking the most elemental
>human rights, marginalized in a society in which they work more than
>anyone, but which excludes then completely from participating in its civil
>and political life.
>In the State Department's Note and in statements made by its officials, the
>next round of migration talks has been mentioned several times and they
>are trying to challenge Cuba about when it will be held. Our reply is very
>simple: If the United states is willing to seriously discuss the real
>problems, let them set an exact date, one they like best,  and the Cuban
>delegation will be there.
>
>The Ministry of Foreign Affairs avails itself of this opportunity to renew
>to the Honorable Embassy of Switzerland, to the United States of America
>Interests Section, the assurances of its consideration.
>Havana, August 30, 2000. " JC
>
>


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