[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] Human Rights in Cuba: Beyond the Veneer of Reform ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON THE WESTERN HEMISPHERE, CIVILIAN SECURITY, AND TRADE OF THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ July 11, 2019 __________ Serial No. 116-54 __________ Printed for the use of the Committee on Foreign Affairs [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available: http://www.foreignaffairs.house.gov/, http://docs.house.gov, or www.govinfo.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 37-013PDF WASHINGTON : 2019 -------------------------------------------------------------------------------------- COMMITTEE ON FOREIGN AFFAIRS ELIOT L. ENGEL, New York, Chairman BRAD SHERMAN, California MICHAEL T. McCAUL, Texas, Ranking GREGORY W. MEEKS, New York Member ALBIO SIRES, New Jersey CHRISTOPHER H. SMITH, New Jersey GERALD E. CONNOLLY, Virginia STEVE CHABOT, Ohio THEODORE E. DEUTCH, Florida JOE WILSON, South Carolina KAREN BASS, California SCOTT PERRY, Pennsylvania WILLIAM KEATING, Massachusetts TED S. YOHO, Florida DAVID CICILLINE, Rhode Island ADAM KINZINGER, Illinois AMI BERA, California LEE ZELDIN, New York JOAQUIN CASTRO, Texas JIM SENSENBRENNER, Wisconsin DINA TITUS, Nevada ANN WAGNER, Missouri ADRIANO ESPAILLAT, New York BRIAN MAST, Florida TED LIEU, California FRANCIS ROONEY, Florida SUSAN WILD, Pennsylvania BRIAN FITZPATRICK, Pennsylvania DEAN PHILLPS, Minnesota JOHN CURTIS, Utah ILHAN OMAR, Minnesota KEN BUCK, Colorado COLIN ALLRED, Texas RON WRIGHT, Texas ANDY LEVIN, Michigan GUY RESCHENTHALER, Pennsylvania ABIGAIL SPANBERGER, Virginia TIM BURCHETT, Tennessee CHRISSY HOULAHAN, Pennsylvania GREG PENCE, Indiana TOM MALINOWSKI, New Jersey STEVE WATKINS, Kansas DAVID TRONE, Maryland MIKE GUEST, Mississippi JIM COSTA, California JUAN VARGAS, California VICENTE GONZALEZ, Texas Jason Steinbaum, Democrat Staff Director Brendan Shields, Republican Staff Director ------ Subcommittee on the Western Hemisphere, Civilian Security, and Trade ALBIO SIRES, New Jersey, Chairman GREGORY W. MEEKS, New York FRANCIS ROONEY, Florida, JOAQUIN CASTRO, Texas Ranking Member ADRIANO ESPAILLAT, New York CHRISTOPHER H. SMITH, New Jersey DEAN PHILLIPS, Minnesota TED S. YOHO, Florida ANDY LEVIN, Michigan JOHN CURTIS, Utah VICENTE GONZALEZ, Texas KEN BUCK, Colorado JUAN VARGAS, California MIKE GUEST, Mississippi Sadaf Khan, Staff Director C O N T E N T S ---------- Page STATEMENTS SUBMITTED FROM COMMITTEE MEMBERS Hon. Albio Sires, Chairman of the subcommittee................... 3 WITNESSES Quesada, Carlos, Executive Director, International Institute on Race, Equality, and Human Rights............................... 9 Martinez De La Serna, Carlos, Program Director, Committee to Protect Journalists............................................ 22 Suarez, John, Executive Director, Center for a Free Cuba......... 34 APPENDIX Hearing Notice................................................... 56 Hearing Minutes.................................................. 57 Hearing Attendance............................................... 58 HUMAN RIGHTS IN CUBA: BEYOND THE VENEER OF REFORM Thursday, July 11, 2019 House of Representatives Subcommittee on the Western Hemisphere, Civilian Security, and Trade Committee on Foreign Affairs Washington, DC The committee met, pursuant to notice, at 10:04 a.m., in room 2172 Rayburn House Office Building, Hon. Albio Sires (chairman of the subcommittee) presiding. Mr. Sires. Good morning, everyone. This hearing will come to order. This hearing titled, ``Human Rights in Cuba: Beyond the Veneer of Reform,'' will highlight the human rights situation in Cuba, prospects for democratic reform, and options for United States policies. Without objection, all members may have 5 days to submit statements, questions, and extraneous materials for the record, subject to the length limitations in the rules. I now will make an opening statement and then turn it over to the ranking member for his opening statement. Good morning, everyone. Thank you all to our witnesses for being here today to discuss the human rights situation in Cuba. As my colleagues know, this subject is deeply personal to me. I left Cuba and came to the United States when I was 11 years old. I am forever grateful that this country took me in. I work hard every day to represent each member of my district including the many first-generation immigrants who, like me, were forced to leave their home countries in search of a better life. For this reason, it is especially painful for me that despite great progress over the last six decades to improve quality of life around the world, the Cuban regime remains stuck in the Dark Ages. This is a government that continues to lock up those who speak out against it. It is a government that criminalizes the core freedoms that are the foundation of any democracy. It is a government that for sixty years has denied the Cuban people their rights to choose their own leaders. Some observers have hoped that economic openings, like the growing number of small businesses on the island, will pave the way for political reform as well. Unfortunately, the Cuban state has shown an ability to withstand those changes while remaining among the most repressive governments in the world. The Economist Intelligence Unit classifies Cuba as an authoritarian regime and Freedom House rates Cuba as ``not free''. This year, Cuba ranked 169th of 180 countries in global press freedom, according to the Reporters Without Borders. The Communist Party has accepted and even encouraged some cosmetic changes to give the impression that life on the island is improving. But the underlying reality of one-party rule remains intact. Even as internet access has expanded, those Cubans who can afford to go online have their every move tracked by the State and are prohibited from accessing dozens of blocked websites. Cuban citizens with the means to travel are increasingly allowed to do so, but only on the condition that they respect the long arm of the Cuban police state. For instance, activists seeking to travel into international forums to offer testimony about Cuba's human rights record are often prevented from leaving the island. Despite the laws prohibiting discrimination on the basis of sexual orientation, a group of Cuban LGBT rights activists were arrested and beaten by plainclothes security officers on May 11th when they organized a peaceful demonstration that the government had refused to authorize. It seems that the Cuban regime is always devising new strategies aimed at improving its international image without actually changing its system of one-party dominance. I know that we may not all agree about the best direction for U.S. policy toward Cuba, but I hope that we can agree that the status quo in which 11 million people are denied their basic rights by Cuba's authoritarian regime is an injustice. It was in this spirit that earlier this year I introduced a resolution condemning conditions of forced labor that Cuban doctors are subjected to. The resolution contends that Cuba's foreign medical missions constitute human trafficking, given that the Cuban Government forces doctors to participate in the program against their will and garnishes as much as 75 percent of their wages. In Venezuela, Cuban doctors were forced to withhold lifesaving medical treatment from individuals who have not proven their political loyalties to the repressive Maduro regime. In this hearing we will take a closer look at the human rights situation in Cuba and explore ways for the U.S. Congress to support the Cuban people in their quest for freedom. Thank you, and I now turn to the Ranking Member Rooney for his opening statement. [The prepared statement of Mr. Sires follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Rooney. Thank you, Mr. Chairman, for having this important hearing and for your great leadership of our committee. For almost 50 years, Fidel Castro ruled Cuba by repression which denied the Cuban people their most basic human rights and violently crushed political dissent. Today, this system of intimidation and violence against those who speak out against the regime continues under Miguel Diaz-Canel, and the guiding hand of Raul Castro is behind that anyway. Under Fidel Castro, the Cuban regime spread its Communist ideology throughout Latin America and in Southern Africa. The Cuban regime continues to be the standard for repression in the Western Hemisphere. Today, we see its blueprint for tyranny in Venezuela and Nicaragua as it attempts to spread its repressive tactics to other States in the region. Under this regime, the Cuban people are deprived of their freedom of assembly, association, religion, and speech as the government maximizes State control over all aspects of society. Like the old Soviet Union, this system of repression and control seeks to instill fear among the population and undermine the ideals of freedom and democracy. Until 2013, Cubans were required to obtain an exit visa and a letter of invitation to travel abroad, creating an island prison for millions of Cubans. Today, the regime restricts travel for many Cuban dissidents. Opposing the Cuban regime nearly guarantees government backlash and detention. In June 2018, the Cuban so-called Commission for Human Rights and National Reconciliation released a public list of 120 political prisoners, including 96 non-violent opponents of the regime. However, this number is probably a lot higher, because it is impossible to determine the exact number of political prisoners in Cuba. The regime refuses to allow access to prisons and detention centers and to international organizations or the U.N. The regime also engages in short-term detentions to intimidate and silence dissidents. In 2018, 2,873 short-term detentions were recorded. And in 2016, an all-time high of detentions was reached of 9,940. The island's human rights defenders, religious groups, and organized dissident groups are constantly harassed by the Cuban Government and labeled as mercenaries. Their leaders are in constant danger of being detained. These groups include Las Damas de Blanco that was formed by the wives and relatives of a group of 75 dissidents arrested in 2003, and the Patriotic Union of Cuba which was established in 2011 by another group of dissidents who peacefully sought to establish civil liberties and human rights. Many of their members such as Hamel Santiago Maz Hernandez have died in prison after being detained for arbitrary crimes such as desacato or lack of respect for the government. Dr. Eduardo Cardet, who was in prison for two and a half years for publicly criticizing Fidel Castro, while he was released in 2019, the release is conditional and his right to move and assembly are restricted, keeping him as prisoners of conscience. The Cuban regime censors dissent through its control of the media. Private media in Cuba is illegal and the government uses arbitrary detention, threats, harassment, and censorship against journalists who criticize the regime. In 2018, two human rights organizations affiliated with OAS reported that Cuba is the only country in the Western Hemisphere in which there are zero guarantees of freedom of expression. To complement its repression at home, the Castro regime has exported thousands of its agents to Venezuela to prop up the illegitimate, authoritarian Maduro regime in Venezuela and to struggle to maintain its own authoritarian grip on power. These Cuban agents have assisted in extrajudicial detention, torture, and intimidation of opponents of the Chavez and, now, Maduro regimes. They run the so-called escuadron azul, the death squad of Maduro. The United States must exert maximum pressure on the Cuban regime to reform its government and stop the systematic human rights abuses against the Cuban people. The Obama Administration's efforts to re-engage the Cuban regime, while noble, have failed to assure quantifiable improvements in human rights conditions and the rule of law. We must continue to support Cuba's human rights defenders and demand that the Cuban regime make substantive reforms that will allow for freedom. Access to information is absolutely critical and support for independent news and information must continue to engage the Cuban people. I support the administration in no longer rewarding the Castro regime for its human rights abuses and for calling on the government to end its repression of innocent Cubans. I look forward to the hearing, the testimonies today, and once again I appreciate Chairman Sires for his leadership and for his personal interest and background story pertaining to the abuses of Cuba. Thank you, Chairman. Mr. Sires. Thank you. Thank you, Congressman Rooney. I will now introduce our witnesses. Let me introduce, first, Mr. Carlos Quesada, Executive Director of the International Institute on Race, Equality, and Human Rights. He has 25 years of experience working before the Organization of American States in its different bodies and is a trained journalist and a lawyer. Welcome. We will then hear from Mr. Carlos Martinez de la Serna, Program Director of the Committee to Protect Journalists. Mr. Martinez worked as a reporter and a digital journalist in the United States, Spain, and Japan, covering current affairs and is the former director of digital innovations at Univision News. Welcome. Finally, we will hear from Mr. John Suarez, Executive Director of the Center for a Free Cuba. Previously, Mr. Suarez was a program officer for Latin American Programs at Freedom House and a human rights activist, and he is a member of the Cuban Democratic Directorate. Thank you all for being here. I ask the witness to please limit your testimony to 5 minutes and, without objection, your prepared, written statements will be made part of the record. Thank you so much for being here today. And, Mr. Quesada, I turn to you for your testimony. STATEMENT OF CARLOS QUESADA, EXECUTIVE DIRECTOR, INTERNATIONAL INSTITUTE ON RACE, EQUALITY, AND HUMAN RIGHTS Mr. Quesada. Chairman Sires, Ranking Member Rooney, and members of the Subcommittee on the Western Hemisphere, Civil Security, and Trade, thank you for the opportunity to appear before you today to share critical information regarding the human rights in Cuba, prospects for democratic reform, and options for U.S. policy. I commend the committee for holding this important and timely hearing. Given our extensive work with civil society, with independent Cuban civil society, my testimony today will focus on threats and challenges to human rights defenders in Cuba and the methods employed by the Cuban Government to criminalize or otherwise restrict the work of civil society organizations and activists. This criminalization has resulted in a population of political prisoners totaling 100, and disproportionately impacts historically marginalized populations. The human rights situation in Cuba is dire and can be characterized as a war of attrition between the government and independent civil society activists. State authorities routinely violate the fundamental freedoms enshrined in the Universal Declaration of Human Rights by harassing, threatening, detaining, and interrogating activists and their families. The principal threats and challenges to human rights defenders in Cuba include the new constitution and restrictions on fundamental rights. Furthermore, the arbitrary manner in which the Cuban justice system operates, the principal method by which activists are criminalized, is a threat in and of itself. The contrived approval of the new constitution in the February 24th referendum ushered in a new era with regard to legal guarantees for human rights in Cuba. In a calculated move to create a loophole through which it can avoid complying with international human rights treaty obligations, the Cuban Government altered the text of the new constitution to grant it supremacy over international law. Freedom of expression and opinion is nonexistent in Cuba. Independent civil society organizations are not permitted to legally register, in violation of their right to freedom of association. Activists and their family members face constant psychological torture. And we just found out that private companies such as Western Union may collaborate with government authorities to criminalize human rights activists, in clear violation of those activists' rights to privacy. Finally, arbitrary detentions and further violations of due process guarantees are commonplace. The principal methods employed by the Cuban Government to criminalize or otherwise restrict the work of civil society organizations and activists include the misuse of the justice system and travel restrictions. Police and investigating authorities have broad and unchecked powers to detain and investigate individuals for up to 7 days without the right to counsel or judicial review. Crimes in the Cuban Penal Code are so vaguely defined that they can be used to criminalize almost any behavior. Sham trials involving false witnesses are used to convict activists. For the past 2 years, we have documented cases of political prisoners and the crimes for which they are convicted. Let me be clear. Although the vast majority of these individuals are charged with common crimes, they are political prisoners criminalized because of their activism of their way of thinking. In the coming weeks, we will be publishing a report exposing the intricacies of the administration of justice in Cuba. Independent civil society activists are frequently prohibited from leaving Cuba to participate in regional and international advocacy spaces as a tactic to prevent the world from knowing the reality of the human rights situation in Cuba. Most recently, five activists that we, my organization, had planned to bring to the Organization of American States General Assembly in Medellin, Colombia, were prevented from leaving the country. The only justification ever offered is ``national security interests.'' It is worth noting that activists who are women, Afro- descendants, and members of the LGBTI community disproportionately suffer human rights violations in Cuba. Their intersectional characteristics make them particularly vulnerable to multiple forms of discrimination. Female activists, for example, routinely confront physical and psychological violence against which they have no recourse, given Cuba's lack of legislation prohibiting gender-based violence. Racial slurs are commonly employed against Afro-descendant activists who, the saying goes, should be grateful because the Revolution made black people human. And members of the LGBTI community are facing a new reality after the violent crackdown they experienced during the independently organized Pride March on May 11th of this year. Chairman Sires, Ranking Member Rooney, and members of the subcommittee, human rights in Cuba should remain a priority area of focus for the U.S. Government. The fundamental rights of activists, whose work is the country's best prospect for democratic reform, are systemically violated. As such, I would like to offer the following recommendations: Continue to monitor and expose the human rights situation in Cuba. Request the Cuban Government immediately release all political prisoners. Offer public support for independent civil society activists and journalists. Expand the U.S. diplomatic presence in order to have more direct contact with independent civil society organizations on the island. Encourage the Cuban Government to engage in a dialog with independent civil society regarding human rights issues. And request from Western Union information about how it operates in Cuba and how government officials can have access to information about activists receiving money from abroad. Thank you very much and I look forward to your questions. [The prepared statement of Mr. Quesada follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Sires. Mr. Martinez, you are recognized. STATEMENT OF CARLOS MARTINEZ DE LA SERNA, PROGRAM DIRECTOR, COMMITTEE TO PROTECT JOURNALISTS Mr. Martinez de la Serna. Chair Sires, Ranking Member Rooney, and other distinguished members of the subcommittee, thank you for the opportunity to testify on press freedom in Cuba. My name is Carlos Martinez de la Serna and I am the program director of the Committee to Protect Journalists. CPJ is an independent, nonprofit organization that promotes press freedom worldwide and defends the rights of journalists to report news safely and without fear of reprisal. In this testimony I will highlight some of the most urgent press freedom issues in Cuba. I will also provide recommendations on how to support Cuba's journalists and to help improve conditions for independent media in Cuba. Even as Cuba has seen some points of tight State control over media and freedom of expression loosen over the last decade, the country continues to be one of the Western Hemisphere's most difficult environments for the press. Independent and critical Cuban journalists constantly face the possibility of detention, having their homes or devices searched, their reporting equipment confiscated, and even criminal prosecution on anti-State charges. The slowly expanding influence of the internet has opened up new avenues for expression and journalistic work, but has also expanded the set of tools at Cuban officials' disposal to monitor, surveil and censor journalists, media workers, and private citizens. Over the last decade, in the midst of this established repressive infrastructure, a lively blogosphere and a number of new, ambitious websites and media outlets has sprung up on the island. This new media expansion began in earnest in 2011, when then-President Raul Castro introduced market-style reforms, opening up economic space for the creation of a number of outlets that began as what were essentially personal blogs, and then grew into independent sites. With the restoration of diplomatic relations between the United States and Cuba in 2014, the process accelerated and the number of blogs, magazines, and independent media proliferated to cover a variety of issues. However, despite these efforts, the energized press alone could not overturn the country's restrictive legal framework. Life in Cuba for many reporters and activists is characterized by arbitrary privacy violations. Short-term arrests are still one of the most common tools used by Cuban authorities to intimidate and control the press. The State maintains bans on the import of informational materials, a strict control of all forms of media, and restrictions on the internet. Changes in top leadership in the Cuban Government have not translated to any meaningful alteration in legislation governing media freedom or freedom of expression. There is a long way to go in Cuba. In order to improve its record on free expression, Cuba must take the following steps: Ratify and implement international human rights agreements to guarantee freedom of expression and information; end the use of detention, surveillance, and smear campaigns against independent journalists and bloggers; remove legal barriers to individual internet access and extend affordable access to the population at large; and dismantle a legal framework that punishes independent journalism. We also urge members of Congress to speak publicly about the journalists and outlets who are subject to detention, travel prohibitions, and other State-sponsored harassment; support initiatives to expand affordable internet access in Cuba and access to platforms and tools that will allow Cubans to exercise their right to free expression online, without enforced surveillance or censorship; and urge the administration to stand up for Cuba's journalists both publicly and privately as well. In addition, the U.S. Government should consider Cuban journalists' work as a basis for a well-founded fear of persecution if and when they apply for asylum or refugee status. While there are still many hurdles on the path to U.S.- Cuban normalization, the effect of greater communication between both countries could be positive for freedom of expression on the island. As a result, journalists will hopefully be able to do their jobs without the constant threat of violence or imprisonment solely for reporting and expressing critical opinions, and with the prospect of internet access without filters, obstructions, or prohibitive costs. Thank you for providing CPJ with the opportunity to address you about this important matter. [The prepared statement of Mr. Martinez de la Serna follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Sires. Thank you. Mr. Suarez. STATEMENT OF JOHN SUAREZ, EXECUTIVE DIRECTOR, CENTER FOR A FREE CUBA Mr. Suarez. Chairman Sires, Ranking Member Rooney, and members of the subcommittee, thank you for this privilege to provide testimony on human rights in Cuba. My name is John Suarez. I am the executive director of the Center for a Free Cuba, a nonprofit, nonpartisan organization dedicated to the promotion of human rights in Cuba. To understand the human rights situation in Cuba, one must understand what came before. Cuba had regular competitive elections and between 1944 and 1952 presidents who respected human rights and civil liberties. This was reflected in the role Cuban diplomats played in 1948 in pushing for regional and international human rights covenants. All of this came crashing down with Fulgencio Batista's military coup in 1952. The Castro brothers promised to restore democracy while imposing a Communist dictatorship in 1959. In May 1961, they confiscated private schools and most seminaries to eliminate religion. In September 1961, the Castro regime, at gunpoint, collected 131 priests, brothers, and a bishop and placed them on board the Spanish ship Covadonga and deported them from Cuba. Today, the Office of Religious Affairs, an arm of the Central Committee of the Cuban Communist Party, still oversees religious affairs in Cuba and exists to monitor, hinder, and restrict religious activities. Sixty years later, Fidel Castro is gone, but his brother Raul remains along with the Communist regime. What is called reform in Cuba has been a fraud for the dynastic succession of the Castro family. Raul Castro remains in control of the government as head of the Communist Party. His son, Alejandro Castro Espin, a colonel in the Ministry of the Interior, presided over the Cuban side in the negotiations to normalize relations during the previous administration. In 2018, Raul Castro presided over the revision of the current constitution that was subjected to a referendum on February 24th, 2019. On February 24th, Cubans were called to the polls to ratify a new constitution that despite cosmetic changes enshrines the principles of the existing one-party political system. Basic conditions for free and fair elections were not fulfilled, independent observers were not allowed, and numerous voting irregularities were reported. This is the third time during the Communist era that the constitution was changed. The Communist Party remains the only legal political party. The maximum authority in the regime resides with the head of the Cuban Communist Party. The late dissident leader, Oswaldo Paya Sardinas, called this fraudulent change. There have been no improvements at all to the nature of the Cuban regime. It is a one-party, Communist dictatorship run by the Castros. Opposition groups in Cuba are not legally recognized and independent civil society is actively discouraged. Independent human rights organizations in Cuba are illegal. There is no space for free expression in Cuba. The Cuban Government attempted to create a fake space for debate on the constitutional referendum, but when independent actors attempted to speak in them freely, the response was swift and brutal. Over the past 16 months, two decrees have further undermined and restricted human rights. Decree 349, signed by President Diaz-Canel in 2018, further restricts and controls artistic expression in Cuba. This provoked protests by independent artists, many were arbitrarily detained, and at least two have been jailed for a prolonged period. Article 68 of Decree-Law 370/2018, issued on July 4th, 2019, prohibits Cuban citizens from running websites hosted outside of the country. Cubans continue to defy the dictatorship and demand their rights and freedoms, often paying a terrible cost. With us today is Sirley Avila Leon. Sirley was a delegate to the Municipal Assembly of People's Power in Cuba for 7 years when the regime eliminated her district. She had fought to open a school in her district, but had been ignored by official channels and had reached out to international media. Her son, Yoerlis Pena Avila, who had an 18-year distinguished career in the Cuban military was forced out when he refused to declare his mother insane and have her committed. Sirley joined the dissident movement and repression against her increased. On May 24th, 2015 she was the victim of a machete attack carried out by Osmany Carrion that led to the loss of her left hand, right upper arm nearly severed, and knees slashed into. Following the attack, she did not receive adequate care and was told quietly by medical doctors that if she wanted to get better, she would need to leave Cuba. This is not new. Cubans sought freedom by fleeing the island. While others have protested for their rights over decades, the response has often been brutal. Twenty-five years ago, on July 13th, 1994, regime agents killed 37 Cubans when they tried to flee to freedom aboard the ``13 de marzo'' tugboat. Less than a month later, August 5th, 1994, the streets of Havana erupted when thousands of protesters chanting ``libertad'' were repressed. Cuban dissident Oswaldo Paya on March 30th, 2012 warned about the Cuban Government's effort to perpetuate itself in power. He also knew what real change would look like and argued that the gradual approach only makes sense if there are transparent prospects of freedom and rights. Oswaldo also reminded many who have forgotten that ``We Cubans have a right to our rights.'' Human rights and the Cuban struggle for freedom are not an afterthought, but the central issue in the dispute between Cubans and the dictatorship. Thank you very much. [The prepared statement of Mr. Suarez follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Sires. Thank you very much, Mr. Suarez. Now we will go to questions. I will start with the questioning. The New York Times reported that Cuban doctors in Venezuela were being forced to withhold lifesaving medical assistance in order to coerce desperate individuals into voting for the Maduro regime. I introduced a resolution to classify the medical missions that these doctors were part of as human trafficking. Can you speak about how the Cuban regime has profited from its medical missions and whether the U.S. Congress should take steps to assist the victims of these medical missions? Can anyone speak to that? Mr. Suarez. Yes. The issue of human---- Mr. Sires. Turn your mic on. Mr. Suarez. The issue of human trafficking is something that, fortunately, has been in the latest report on trafficking reflects that Cuba is in the black list for that issue. And we are talking about healthcare professionals in this case and they do have a duty to put the Revolution first and their medical duties second, and that is something that you mentioned that is reflected in what is taking place in Venezuela and in other places. The regime is profiting to the tunes of billions of dollars a year in this export of doctors. There are tens of thousands of doctors across the world, not only in Venezuela but also in Mexico, across Africa, and areas of the Middle East, and they are the chief source of revenue for the Castro regime. I think that a return to a policy that protects those doctors and provides them with refuge would be a welcome step forward. Thank you. Mr. Sires. Thank you. I was disturbed to hear about Cuban LGBT activists being arrested and beaten up for participating in a peaceful demonstration in May. What have you been hearing from the LGBT activists and organizations on the island and if they are concerned that the overall situation for LGBT rights defenders is worsening in Cuba? Mr. Quesada. Mr. Quesada. Yes, we have been working with LGBT activists for more than 7 years and independent LGBT activists. The main problem, I think, before the May 11th march was the cancellation of the typical conga by the CENESEX, you know, and the CENESEX, Center for Sexual Education, run by Mariela Castro, Raul Castro's daughter. So independent civil society, LGBT activists decided that they would like to have like an independent march. Four of our partners were actually detained before the march took place and CENESEX actually decided to organize a party the same day on May 11th at the same time of the march. A lot of people were not allowed to actually go to the march, like the main LGBTI activists. We know that they were interrogated up to for 24 hours. They were told that they had two options, either leave the country or face jail time. Some of them actually have left the country already. And, in general, I would say regarding the human rights situation of LGBT people there are two main problems. One is kind of the monopoly of the State in terms of LGBT rights, and the lack of participation by independent LGBT activists to even LGBTI activities outside of Cuba. That is all I would say. Mr. Sires. Anybody else want to add to that? You know, the Chinese company, Huawei, has worked closely with the Cubans telecommunications monopoly to develop the country's telecommunication infrastructure. Given this company's close ties to the Chinese Communist Party, are you concerned about this in Cuba? Mr. Martinez, anybody? Mr. Suarez. Yes, we are very concerned. The Chinese have a record of developing a very sophisticated system of control, not only censorship but also monitoring and locating dissidents, in the past they did it with the help of companies such as Yahoo in China. And activists were imprisoned, some were tortured and killed, and we are very fearful. And I think considering the new decree that came out on July 4th, the prospects that they will be targeting cyberactivists has increased dramatically in Cuba. And with Huawei's help, unfortunately, they will be able to be quite effective in targeting these activists. Mr. Sires. Thank you. Ranking Member Rooney. Mr. Rooney. Thank you, Mr. Chairman. First, I would like to ask Mr. Suarez, since you mentioned about websites and internet, the Wall Street Journal had a picture this week of a bunch of Cuban kids sitting on a curb, all on their phones just like any other kid would be right here, talking about the extension of 3G in Cuba and the protests that the young people are having now over the price of it. I wonder if that gives us an opportunity and how you feel about the opportunities that technology might present that might chink at the armor there. Mr. Suarez. Well, I think that the Castro regime has had a series of strategies of control. Initially, they just did not provide access to internet to anyone on the island. It was dramatically restricted. Cuba had some of the lowest levels of internet connectivity in the Hemisphere. Between 2002 and 2008, the Castro regime outlawed the purchase of computers in Cuba. Now they have shifted and they have allowed more access. They have allowed 3G recently. But what they are doing hand-in-hand with it is this new Decree 68 from July 4th, which is now going to be going after those cyberactivists that have set up platforms outside of the island where the regime has less control, and they are pushing to have those shut down. And they are going to be becoming more restrictive internally with their Chinese friends with the golden shield which has been very effective in mainland China. I believe they are going to be applying those tactics inside of Cuba. So it is going to be a very long, hard road for independent journalists that until now have been able to get their work out of the island and then back in. Mr. Rooney. No Romanian imminent? No Ceausescu moment imminent yet. Mr. Suarez. No. Mr. Rooney. But an opportunity. The other thing I would like to ask any of you that would like to answer is about religious freedom in Cuba. When I was there, the Spanish priests that we talked to said that the government pre-clears their sermons. They will let them have Mass, but the government is there and they are pretty restrictive about it. I know Cardinal Ortega personally and I know he has been very controversial. Half the people think he is too much close to Castro, half the people think he is doing all he can. So any comments that you all might have on what opportunities we may have to deal with some of the challenges to religious freedom in Cuba? Mr. Suarez. Well, I think that one thing that the U.S. can do that would be of great assistance would be to push for the Cuban Government to shut down the Office of Religious Affairs. I think it is an outrage that the Central Committee of the Communist Party oversees religious life in Cuba. And Pope John Paul II during his visit in 1998 requested that that be closed down. It has not been. And I think it is an area where if a lot of light is brought on it and a lot of international attention--it is an embarrassment for the Castro regime--and I think it could be something that would be a positive step forward for religious freedom if that office is gotten rid of. Mr. Rooney. Anyone else want to comment? Please, Dr. Quesada. Mr. Quesada. I would like to, actually, to add the fact that, you know, how the government manipulates, so to speak, the freedom of religion in Cuba, and I would like to use the example of Article 68 in the proposed constitution that guarantees gay marriage in Cuba. So the article was literally taken out of the proposed constitution according to the government because the religious groups were not happy about it. And, actually, the religious groups in Cuba were very active against that article and the government allowed those fundamentalists, if I can use the word, to actually take Article 68 out of the proposed constitution. So what I am saying here is that sometimes, you know, it is, you know, they allow the religious freedom for their own purpose and sometimes they just restrict the freedom of religion. Mr. Rooney. I have one more question for whoever would like to answer it. You know, Lenin said the capitalists will sell us the rope we will use to hang them with, and I wonder if there is a role for international business in the United States to push international business, to push companies that are working there, which there are many, to not deal through GAESA and break that link between employers and their employees and the clever way the Cubans are keeping capitalism out of the system down there. Mr. Suarez. Well, I think you brought up a very important matter. GAESA, which is run by Raul Castro's son-in-law, controls close to 60 percent of the Cuban economy and has--the bulk of the tourist industry is run under GAESA which is an arm of the Cuban military establishment. I think that it would be very positive if international business followed the path that was followed in South Africa with the Sullivan principles. There is a case a few years back that came with something called the Arcos principles, named after another prominent Cuban human rights defender, that would have principled investment inside of Cuba. I also think it is important to point out that perhaps we should highlight the numerous business people from Western democracies that have been locked up in Cuba, and their crime has been that the Cuban Government has not been able to pay the bill that it owes them. So then the response is they lock them up and then loot them completely. Mr. Rooney. Thank you. Thank you. Thank you, Chairman. Mr. Sires. Congressman Levin. Mr. Levin. Thank you very much, Mr. Chairman. Mr. Quesada, I was interested in the comment you just made. It sounds like there are troubling parallels between the Cuban Government and our own in terms of their kowtowing to religious groups and limiting the freedom of LGBTQ people in our--in both of these countries. So I hope we can make progress on that. You mention in your recommendations that you think the U.S. should expand its diplomatic presence in Cuba in order to have more direct contact with independent civil society groups. Can you--what is the history of our diplomatic presence over the last 10 years and where is it today? Mr. Quesada. I think the main problem today is the lack of staff that the embassy has right now. When we had an interest office, so to speak, it was also limited, but when we had an embassy, when we became an embassy there, there were more personnel. People were, you know, the different political, or civil servants on the island were able to reach out to activists. And right now, because of the limited staff that the embassy has, basically, I mean even our partners on the ground have been telling us as that they do not even have access now to the embassy as they used to have it before. So that is why I was recommending to have a more diplomatic presence, so to speak. And the other thing is that what we find out is that to visit political prisoners or former political prisoners is very important for them. Mr. Levin. So we re-established diplomatic relations in December 2015 or thereabouts and we built up our diplomatic presence and now we have many fewer staff there. Mr. Quesada. Correct. Mr. Levin. So it is hard for us to interact with these groups on the ground, support political prisoners, and other things to advance the human rights cause without sufficient staff. Mr. Quesada. Correct. Mr. Martinez, I am curious about whether the--how you see the ability of journalists and organizations that support journalists like yourself to interact with their counterparts in Cuba like American journalists based on, you know, restrictions of travel and what not. Is it better to have more free travel of American journalists to Cuba and others who would support them or less free interaction? Which would be better to support human rights in Cuba and specifically the rights of journalists to do their work? Do you understand the question? Mr. Martinez de la Serna. Well, I am not sure what you want me to answer, yes. Mr. Levin. So we are going toward, you know, in basically 2014 and 2015 we moved toward an idea that we should have more engagement with Cuba---- Mr. Martinez de la Serna. Yes. Mr. Levin [continuing]. Rather than less. Now we are moving the other direction. Mr. Martinez de la Serna. Yes. Mr. Levin. Restricting travel, restricting interaction, keeping Americans from going to Cuba, is that helpful for the human rights of, you know, and the freedom of journalists to work in Cuba, to restrict Americans' access? Mr. Martinez de la Serna. Generally speaking, generally speaking, I do not think so. We need always more eyes on the ground and more interaction to understand the problems and also to support journalists on the ground. Mr. Levin. Thank you. Thanks very much, Mr. Chairman. I feel we are going in the wrong direction. I yield back. Mr. Sires. Thank you, Congressman. Congressman Smith. Mr. Smith. Thank you very much, Mr. Chairman, for holding this important hearing. Thank you to our witnesses. You know, in the 1980's I traveled with Armando Valladares to the U.N. Human Rights Council, then called the Commission. He was able to get an important resolution passed as head of the U.S. delegation. As we all know, he spent close to 20 years in the gulags of Fidel Castro, was tortured horribly, and when he wrote ``Against All Hope,'' his memoir, he pointed out how systematic the brutality was by the Castro regime. There was commitments made to the U.N. personnel and to the families that came forward, there will be no retaliation. Almost to a person, there was retaliation. There was concern just expressed that we do not have enough people working in the embassy, but let's not forget why those people were ordered home. Between November 2016 and May 2018, there were a number of unexplained injuries, cognitive loss, hearing loss; we do not know the full reason why, but it was very, very suspicious. So out of an abundance of caution and concern for our embassy personnel and their families, many were returned to the United States. And let me just say, after the rapprochement with Fidel Castro, I went and met along with Piero Tozzi, our general counsel on the Human Rights Committee--I was chairman of it, held many hearings on Cuba--and met with Cabanas, asked him for a visa; I still have not gotten it. He told me they will tell me certain people I can talk to and not talk to. So I asked him, ``Do other congressional delegations when they go to Cuba agree to those preconditions?'' And he said yes. And I would just admonish and encourage my fellow Members that when you go there should be an unfettered ability to talk to dissidents and get into the prisons. And I would ask the panel whether or not the ICRC has had access--the International Committee for the Red Cross--to the prisons, and again do they have concerns about these parameters that are put on Members who then willingly accept them, apparently, when they go? Let me also bring out the issue of trafficking. President Obama had falsely and, I think, artificially upgraded Cuba. I am the author of the Trafficking Victims Protection Act, so I take very seriously all things related to trafficking. Frank Calzon, I remember, when we were in Geneva one time at a Human Rights Commission a van pulled over, because he was bringing up child sex trafficking in Cuba, and was punched by Cuban thugs who did not like what he was doing in town. But I am glad that this Administration, Pompeo, has now downgraded Cuba to tier 3 and in a narrative make it very clear as to why that is the case including these medical missions and the coercion that is used. But it was artificially upgraded. All these give-and-no-take from the previous administration, I thought was ill-advised at best. I mean human rights should always be at the core of what we do and we need to see progress. There was no linkage to this opening of the embassy, and then what happens to our embassy personnel--they get sick. And again, we think there may have been some very--so my question, ICRC access to prisons, whether or not when Members of Congress go there, or other lawmakers, is it your knowledge that they agree to these preconditions? I would love to go to Cuba. I have tried for 25 years to get into the prisons; only to have the door slammed by Fidel Castro who once called me a provocateur for wanting to go the prisons. You know, I go to prisons all over the world. I have been in prisons in Indonesia, China, Beijing Prison Number 1 where Tiananmen Square activists were, the Perm camp 35, the infamous prison where Natan Sharansky was in the 1980's; I cannot get into a prison in Cuba. So your thoughts on that and again, and also on this trafficking upgrade--downgrade, I should say--to tier 3. Cuba is now with North Korea, China, Syria, Venezuela as an egregious violator of human trafficking, whether or not you agree with that. Mr. Suarez. The International Committee of the Red Cross, the last time they were able to visit a Cuban prison was in 1989. They had a small period between 1988 and 1989 that they were able to conduct some visits. Before that it had been 1959. So we are talking 30 years since the last visit and then another 30 years before that, before that first visit, that first range of visits. And I think that is an area where there needs to be focus placed by the international community and calling on the Cuban Government to allow the International Committee of the Red Cross, which is a nonpartisan entity, to have access to those prisons to see what the conditions are, to see how the prisoners are being treated. With regards to tier 3, I think that it is important to recall that when Cuba was redesignated tier 2, experts in the antislavery movement came out and denounced it at the time as a politicization of the process. So I think returning Cuba to tier 3 is the correct thing to do because it reflects the accurate situation on the ground. Thank you. Mr. Quesada. If I can add a little bit on the human rights situations in prisons, I mean, in general, the situation is very horrible, but it is particularly horrible for political prisoners. And I would like to mention the case of Mr. Eduardo Cardet who was brutally beaten when he was detained. During prison he was attacked. He did not have access to medical attention for a long time. I mean we have documented his whole case and it shows the level of violence that political prisoners face in a Cuban prison, and this has been denounced by the Inter-American Commission on Human Rights and the United Nations. And I would just like to tell you that last year Cuba was reviewed under the Universal Periodic Review and some countries actually make recommendations about improving the situation of prisoners in Cuba. Mr. Sires. Thank you, Mr. Quesada. Congressman Castro. Mr. Castro. Thank you, Chairman. With the Obama Administration a few years back now, I believe started to try to normalize relations with Cuba, first diplomatically, because folks believed that after the Castro era was over that there would be an opening for the United States to have a better, legitimately have a better relationship with Cuba, that Cuba would perhaps become democratic, that it would fundamentally change, And we wanted to establish that relationship before other countries like China or Russia or Venezuela, or others solidified their hold on Cuba for another 30 or 40 or 50 years. So I guess my question to you all is, how has governance changed, if at all, since the Castro regime, and who is in charge now? What is the state of governance in Cuba? Mr. Quesada. I would like to talk about it from the human rights perspective and, unfortunately, the human rights situation has not changed. And the situation right now as it was in the previous administration or other administrations, I mean if you are a person who thinks differently in Cuba, you face the consequences, basically. And we have not, in terms of human rights and the situation of human rights, we have not seen any change. What we have seen is the consistency of the government to commit human rights violations. And this has been said by the Inter-American Commission on Human Rights and U.N. treaty bodies. Mr. Martinez de la Serna. If I can add on freedom of expression, there has not been any reform on the legal system supporting all the repression on independent journalism and there is no sign we see that that is going to happen under the current government. Mr. Castro. In your estimation, has there been any move closer to democracy, real democracy? Mr. Martinez de la Serna. No. Mr. Suarez. With regards to who is running Cuba, Raul Castro. Under the Cuban system, the maximum authority is the head of the Communist Party and that is the title that he holds. He also was the individual who oversaw the constitutional reform process in 2018. Second---- Mr. Castro. So you are saying that you still believe that he is strongly in control. Mr. Suarez. He is strongly in place, but also for the negotiations for normalizing relations between 2013 and 2014 it was Alejandro Castro Espin, Raul Castro's son, who was the person that the U.S. was negotiating with. So the Castro family is still very much---- Mr. Castro. Now bear in mind, he is what, 80, late 80's at this point? Mr. Suarez. Raul Castro in his late 80's. Alejandro Castro is 53, and he is a colonel in the Ministry of the Interior who has a very hostile view toward the United States. I think it is also important to recall that when the U.S. diplomats went to Havana to begin the process of normalizing relations and opening up the embassy, that Russian spy ships were in---- Mr. Castro. Right. Mr. Suarez [continuing]. Havana Harbor to send a very clear message. And I think also if we look at that period when the negotiations were taking place in 2013, Cuba was caught smuggling tons of weapons to North Korea. Cuba was caught a few months later involved in a shipment of ammunition to Colombia. So they are very much an outlaw State in terms of their behavior. And I think also talking about the diplomats, American diplomats have been harmed since November 2016, which has led to this pullback at the U.S. embassy. But it is also important to remember Canadian diplomats have been harmed. Canada, that has had very good relations with Cuba, has also had to pull back and they have had to reduce their presence. So now Cubans cannot get--in the same way that they have to go to a third country to get visas to be able to visit the U.S., they are having to do the same with Canada. So it is definitely a step back. Mr. Castro. And also I wanted to ask you about access to information now. For example, if you go to China, you cannot get on Facebook. Has that improved in Cuba at all? Mr. Martinez de la Serna. I think in that regards, because there is some slight improvement--there is internet, there is cell phones, and there is access to Facebook--that is probably one of the most critical opportunities to promote access to information, the free flow of information in Cuba, but providing or helping build an independent internet infrastructure that cannot easily be controlled, surveilled and blocked by the government, which is what is happening today. Mr. Castro. I yield back, Chairman. Mr. Suarez. I would add one thing that on July 4th they passed a new decree, Decree-Law 370/2018, which now will prohibit Cuban citizens from running websites hosted outside of the country, which was one of the ways they are able to get uncensored information produced from inside and then reflected back into the island. So it looks like that opening may be closing. Mr. Castro. Thank you. Mr. Sires. Congressman Ted Yoho. Mr. Yoho. Thank you, Mr. Chairman. I appreciate you gentlemen being here. Can you describe the impact or restriction on basic human rights over many generations has had on the broader Cuban population? That is No. 1. And--well, go ahead and answer that question first. You know, for 60 years of repression and suppression, and suppression of free thought, freedom of speech, what effect has that had on the Cuban population, on their outlook on freedom and things like that? Mr. Martinez de la Serna. It is very hard for me having not been exposed to that situation, right, to assess what that means, so I do not want to venture into that. It is just 60 years of not having access to independent information to free debate on public issues and on many other things that is catastrophic. Mr. Yoho. It is. It squashes hope and outlook for the future, right, and so we know that. Mr. Quesada. Mr. Quesada. Yes. I would say that since they have access to internet and Facebook and those kinds of things, we can see kind of two generations and the younger generation is more exposed to outside information and what is going on outside and this has changed the minds of a lot of youth. And I would say, unfortunately, for--or a negative side of it has been like if you ask today a young Cuban if they want to stay in Cuba, the answer will be no. They want to have what they have seen on the internet. Mr. Yoho. That is interesting. So one of my questions for clarification, was there any positive effect that the Cuban people, secondary to the relaxation of travel and other restrictions that were lifted by the previous administration, the Obama administration, was there any positive effects of that? Mr. Martinez de la Serna. Definitely on the journalism side as---- Mr. Yoho. On the what side? Mr. Martinez de la Serna. On journalism, as journalists were able to get out of Cuba, come to the U.S., engage with journalists here and other places, and get back into the country. So. Mr. Yoho. But at the same time, there were not more people going to prison for--the journalists going--there was more going? Mr. Martinez de la Serna. The repressive tactics have kind of shifted, so you are not seeing long-term sentences. Mr. Yoho. Not long term, but---- Mr. Martinez de la Serna. Short-term detentions. Mr. Yoho [continuing]. Short ones, but more people going. Mr. Martinez de la Serna. That is an intimidation tactic, yes. Mr. Yoho. Right. Did these changes give any more freedom to the Cuban people or was there any increase in abuses by the authoritarian figures who were acting on their own or directed by the Cuban Government, anybody? Mr. Suarez. Well, during this process, as my colleague just suggested, there was an increase in arbitrary detentions. But there was also--and we are talking going back to 2011, 2012-- the case of high-profile figures in the opposition who were extrajudicially executed as the case of Oswaldo Paya and Harold Cepero. There is also the very suspicious death of the founding leader of the Ladies in White, Laura Pollan. Mr. Yoho. Right. Mr. Suarez. Which in both cases I think there should be serious international investigations. There was also an increase of violence, of machete attacks. We brought today Sirley Avila Leon who is a victim of such an attack in May 2015, but there have been others. Mr. Yoho. Right. Unfortunately, I feel like Mr. Levin in that I do not see a change coming, which is unfortunate. When we see these other countries doing trade with Cuba, what other countries are there helping press the Cuban Government to improve their human rights and independent press? Are there any other countries standing up? Mr. Quesada. Yes. During the Universal Periodic Review of Cuba last year, a lot of countries, specifically from Western Europe and the Nordics, were like pushing Cuba or, you know, like asking for to improve the human rights conditions of journalists, human rights defenders, activists, et cetera. Mr. Yoho. But how far are they willing to go, because do not a lot of those countries operate the hotels and the resorts, do not they? And I know that money goes to the Cuban Government, not to the Cuban people, and so I see them complicit in providing the funding for the Cuban Government. And yes, they say, well, you need more open press and things like that, but yet I do not see the actions living up to the rhetoric they say they want to help. Mr. Quesada. Congressman, I do not know the level of like investment of like Sweden in Cuba or something like that, but yes. Mr. Yoho. All right, so I guess along those same lines, how effective do you think the international bodies like the U.N. or the EU or the OAS are on--I know they document this, but-- invoking a change? And as long as a Castro is there, I do not think it is going to change. Do you have any other thoughts on that? Mr. Suarez. I think, unfortunately, when this drive for normalization took place with the U.S. it had a negative impact with regards to the European Union. The European Union in 1996 had set up a common position which conditioned their relationship with Cuba with improving human rights standards. And during this normalization process that position was retired and now they are pursuing this normalize--their relations with the regime without having that human rights---- Mr. Yoho. Right. Mr. Suarez [continuing]. Element being conditional. And that is a profound setback. Mr. Yoho. Thanks for pointing that out. Thank you, Mr. Chairman. Mr. Sires. Congressman Phillips. Mr. Phillips. Thank you, Mr. Chairman. And thank you to each of our witnesses. I think it is fair to say that during the Obama administration we made some steps in opening up trade and relations with Cuba. I think that door has been considerably closed since the Trump administration has been in office. Curious from each of your perspectives, how would you quickly articulate what our current strategy is relative to Cuba? Mr. Suarez. The current strategy is looking at Cuba within a regional context. Cuba has thousands of soldiers and intelligence assets in Venezuela that are playing a very negative role. They are also playing a negative role in Nicaragua. So the administration has chosen to tighten sanctions on Cuba in an effort to leverage influence for them to improve as actors in Venezuela. Mr. Phillips. OK. Mr. Martinez? Mr. Martinez de la Serna. I am sorry. That is out of my scope of expertise. Mr. Phillips. OK. Mr. Quesada? Mr. Quesada. I am working on human rights exclusively, so, yes. Mr. Phillips. OK. Do any of you feel that our current sanctions, and particularly the embargo, have had any effect in ending Communism or benefiting the people of Cuba? Mr. Martinez de la Serna. That is again out of the scope. What I can tell is having--and I specifically mentioned that during my testimony--that having, trying to cultivate diplomatic relation on specifically freedom of expression, which is my area of expertise, we believe would be positive for the development of journalism, independent journalism in Cuba. Mr. Phillips. OK, any other comments? Mr. Suarez? Mr. Suarez. I think that the issues of economic sanctions has much more to do with containment of Cuba in the region than it does with, in terms of changing the system inside the island. I do think that if you are going to be having investments and relations with Cuba, it needs to be with everyday Cubans and not with the Cuban military and the intelligence apparatus. Unfortunately, a good chunk of the Cuban economy is run by the Cuban military. And we have seen when the discussion came initially, when the administration was talking about limiting trade with those military entities, there were people on this side saying that makes it very difficult because a good chunk of the economy is run by the military. So if you are opening up trade and building up the most repressive elements of the regime, I do not think that is going to be a positive long-term. And during the Obama Administration there was an expansion of military control over sectors of the economy that had been controlled by less negative actors in the Cuban system. The Office of the Historian in Havana had most of the hotels that they had in downtown taken over by the military during this opening. Second, I think it is also interesting to note that exports between the U.S. and Cuba, exports of U.S. products collapsed during the Obama Administration. The top year of trade according to the Census Bureau was the last year of the Bush Administration, which I believe was over $700 million. After the normalization of relations in December 2014, that dropped to about a $149 million. Mr. Phillips. Well, I am glad you bring up trade. That was one of my questions. Is there a way that we could expand trade and benefit the Cuban people without enriching those who, you know, we do not want to see enriched? Mr. Suarez. I think it would be focusing on individual Cubans and also pushing for the Cuban Government to make reforms where business people can directly pay a Cuban employee and not have to go through a government agency where they take 90 percent and then the employee gets 10 percent. Mr. Phillips. Is that possible? Mr. Suarez. To make the demand and to push for it is very possible. Now whether they will respond positively, I do not know. It should be an effort that is made and then see what they do. Mr. Phillips. OK. Mr. Quesada or Mr. Martinez? Mr. Martinez de la Serna. I am not an expert on trade. I would just like to add that internet is a critical piece in the building of the system of repression and also opening in Cuba in terms of like it empowers people directly. And in terms of communications, helping expand its access, expand its being out of surveillance and controlled by State can be a critical piece in terms of fostering development of all kinds including freedom of the press. Mr. Phillips. OK. Mr. Quesada. I would just like to mention that as a lawyer, I mean there has to be a lot of amendments and changes in the Cuban law in order to have an effective way of trade. And based on our experience, looking at all the Cuban laws, I mean it is--I do not think it is possible right now. Mr. Phillips. OK, thank you. I yield back. Mr. Sires. Thank you. We are going to go a second round of questions if you have some time, because I want to get something clarified in my mind. You know, we talk about investing in Cuba. People talk about investing in Cuba. That is how it is going to help the Cuban people. But if I am a company and I want to open up a business in Cuba and I need 200 employees, how does that work with the Cuban Government? Mr. Quesada. Well, the State is the main employer in Cuba. So if you want to have--like you can open your own business, but if you want to have--like in the tourism industry, for instance, a lot of the people that work there like they are hired, you know, with a State employer company. So if you, you know, if you are an activist and you think differently, you are unemployed basically. You cannot have access to a lot of jobs there. Mr. Sires. How does the salary work, Mr. Suarez? Some people are under the impression that when you open up a business in Cuba they get the salary and betters the people. Mr. Suarez. No, you have to pay to a government bureau who, in turn--you pay in hard currency to a government bureau who then, in turn, pays the Cuban in Cuban pesos, which is a fraction of the value. I think it is also important, talking about business investments, we looked at the--Google had a recent agreement with the Cuban Government and they have their servers in Cuba that is helping to speed up internet. Now that demand to have the servers in Cuba, which we have seen in places like China, is so that the Cuban services can have access to those servers and that creates a number of problems. And again, they are doing business, but their business is directly with the Cuban Government and that obviously benefits the Cuban intelligence service in terms of their ability to surveill what Cubans are doing on the internet and who they are communicating with. Mr. Sires. What is the unemployment rate in Cuba now, anybody know? Mr. Suarez. I can find out. I do not know off the top of my head. Mr. Sires. OK. Congressman Rooney. Mr. Rooney. Listening to Mr. Suarez, again I am thinking of Lenin and the capitalist quote here, and I think there has got to be some role to make the American people realize how GAESA has got a stranglehold on the employees and how it prevents the spread of true capitalist ideology by breaking that link. And if you have any more to elaborate on that and on the cost of internet now that that genie is a little bit out of the box and they are going to try to ration it through cost, how you feel that might play out. Mr. Suarez. I mean the prices have dropped somewhat so things have improved in terms of access. But I think the paradox is they are shifting strategies. Their strategy before was to ration access and now their strategy is to control the information that they have access to through the internet. And that is why they have passed this new decree which is going to make it much more difficult to get information outside. I do not--I am not terribly optimistic over the long run for Facebook and other platforms. They have their own domestic versions that they have created with the help of the Chinese, and we know that the Chinese have already barred Facebook and some of the--and YouTube and some of these other platforms in China. So I would not be surprised to see that also taking place in Cuba. But I think it is important to point out that Cuba remains a Communist regime. It does not respect private property rights. In addition to Cubans being still expropriated today by the regime when they do too well, we also find a number of Western businessmen who, when the government could not pay their bills the way they solved the problem was to lock them up--businessmen from Canada, the United Kingdom, from Italy, Chile, and other places. Mr. Rooney. Of course they took the risk. Mr. Suarez. Yes. And they paid a very high price. Mr. Rooney. And they could have stood up to GAESA and other people and said we will only come in--the parallel to China with Google is a little alarming there, but--one more question, if I might then. How effective have our important international organizations like the United Nations, the EU, and our OAS been in affecting the discussion of human rights in Cuba? Mr. Suarez. I think it is very important. One of the things is that I have met with members of the OAS and they constantly ask, you know, the Cubans tell us that they do not care what we say in our reports. But we have found is when a precautionary measure or an urgent action is issued, you see a shift in behavior by the Cuban regime with those specific victims. And I think you could see that with the case of Eduardo Cardet and others that when that precautionary measure, when that light is focused in on that prisoner, they change their behavior. Cuba does take the U.N. Human Rights Council very seriously. They put a lot of resources to put a big dog and pony show during the Universal Periodic Review. They try to do everything possible to block activists from addressing it. There was a meeting recently on a U.N. committee on race where they blocked the Afro-Cuban activists from attending and at the same time claimed during that meeting that there was no racism in Cuba. So they do try to put on a very strong diplomatic offensive, and I think it is important for the international community and for the United States to highlight human rights at the regional level and at the international level and it does make a difference. Mr. Rooney. Thank you. I yield. Thank you. Mr. Sires. Congressman Smith, do you have another question? Mr. Smith. I do. Thank you very much, Mr. Chairman. Thank you, Mr. Chairman. Just let me ask you, Mr. Suarez. I think your point about containment was extremely well taken and I thank you for it. You know, Europe and Canada traded to their hearts' content, so if just trade would have led to a Cuban dictatorship matriculating to a democracy, well, why did not it happen with that? So containment and the ability to do even worse harm, I think your point was, like I said, very well taken. Let me ask you your thought. You know, I will never forget on December 17th, 2014, the Washington Post did an editorial and it went like this: ``Obama gives the Castro regime in Cuba an undeserved bailout.'' And by the way--and this is the Washington Post; it is not the Washington Times. It is a very liberal newspaper. Their editorial board concluded that ``On Wednesday, the Castro's suddenly obtained a comprehensive bailout--from the Obama Administration. President Obama granted the regime everything on its wish list that was within his power to grant. Full diplomatic relations will be established, Cuba's place on the list of terrorism sponsors reviewed and restrictions lifted on U.S. investment and most travel to Cuba.'' And it went on from there. You know, in retrospect, many of us believe that there should have been a linkage to human rights. I said it. I held hearings on it. And, you know, we got a, just a cold stare from the administration on all of that. And, like I said, they falsified the reporting on human trafficking to give them a passing grade, and I find that absolutely unconscionable. No matter how you want to deal with a country diplomatically, you do not falsify their report and their record, I should say, on human trafficking. And yet, the Obama administration did. Your thoughts on whether or not the Washington Post got it right. And, finally, you talked about Google. I held a series of hearings on Google and their relationship with the Chinese Government and how they share personally identifiable information whenever the secret police asks for it. In 2006, I had a hearing right here, had Google testify, and they basically said--as did Yahoo, Microsoft, and one other organization company, under oath--that if they are asked to give information to the secret police--what would you like? Now is that what is happening in Cuba too, with Google? Mr. Suarez. That is what I believe is happening in Cuba for them to be able to continue operating there. Mr. Smith. Wow. That is incredible. That means that there is no privacy whatsoever for any Cuban citizen and Google is complicit in working with the regime. But if you could speak to what I thought was a very, very well-spoken or written, I should say, editorial by the Washington Post. Mr. Suarez. The Washington Post got it right. One of the things that was most shocking at the time was that if you recall there were Cuban spies, the Cuban Five, that the remaining three were freed during that agreement. One of them, Gerardo Hernandez, was serving a double life sentence, one for his espionage against the United States, but, second, for a murder conspiracy in the Brothers to the Rescue shootdown where three U.S. citizens and a U.S. resident were killed on February 24th, 1996. Gerardo Hernandez was the head of that spy network and was providing information that led to that shootdown. They were returned to Cuba as conquering heroes. It was a great propaganda victory because the regime had for, since the year 1998, 2000, been doing this big campaign, Free the Five. So that was an immense victory for the dictatorship both internally and internationally because they had those spies touring the world basically expressing their defiance. Now these spies in addition to sabotage and their involvement with the Brothers to the Rescue shootdown, had been involved in plotting based on instructions from Havana to engage in terrorist actions on U.S. soil. They were instructed to send death threats to a retired CIA official and eventually send him a mail bomb and kill him. And that was in the diskettes that were recovered by the FBI from the spy network. So releasing those individuals, I think, was a grave error. Mr. Smith. Thank you, Mr. Chairman. Mr. Sires. Mr. Yoho. Mr. Yoho. Thank you, Mr. Chairman. I would just think it is ludicrous that anybody thinks they are going to change habits down there. You know, in 2014 when they opened up relationships and they talked about, ``Well, they will get free and expanded internet service,'' yes, there might be a little bump-up in that for the Cuban people, but overall it empowers the Cuban Government. And with what China is doing and their close association with an improved internet service, they are going to do the same thing that Xi Jinping in China is doing with facial recognition and the good citizen scores and they are going to control their population more than they have ever been controlled before. Do the people in Cuba, is the broader Cuban population aware of the human rights abuses and the political prisoners? I mean you guys do your best to get the information out, but how aware are they in Cuba, or are they immune to what is going on and saying, ``Eh, that is just life in Cuba?'' Mr. Quesada. Regarding the situation of political prisoners within the island, they share information through the internet. So, you know, like when Eduardo Cardet was released, for instance, you know, his family sent out some messages and--the human rights activists. I am talking about the human rights activists. They were able to know that---- Mr. Yoho. But how much disseminated is that? How well disseminated is that? Mr. Quesada. I cannot answer that question. Mr. Yoho. Overall, I mean people are pretty much, have they become complacent and say that is life in Cuba, right? Mr. Martinez de la Serna. Information is pretty much controlled, yes. Mr. Yoho. OK. How effective are the broadcasts from Radio Television Marti out of Miami? I have been there. It is a phenomenal operation. How effective is that getting freedom ideas to Cuba? Mr. Suarez. Well, I think that shortwave radio is a critical way to bypass government controls. They can do jamming up to a certain point of shortwave, but it is not as complete as it can be with the internet where you have seen dictatorships just turn off the internet in some extreme examples. Mr. Yoho. Right. Mr. Suarez. Cuban activist Ricardo Bofill, one of the deans of human rights in Cuba from the 1970's, 1980's, described that there was a demarcation point before and after Radio Marti in terms of the impact it had on the island in terms of people being able to hear a different point of view, of hearing voices of other activists broadcast back into the island was something that had a big impact and still does. Mr. Yoho. Are any thumb drives getting down there or CDs or---- Mr. Suarez. Sure. Mr. Yoho [continuing]. Those kind, are they getting in there? Mr. Suarez. They are. Mr. Yoho. What is a better way for us to help get information to Cuba for the Cuban people? Mr. Suarez. I do not think it is an either/or. I think shortwave that needs to be maintained. Mr. Yoho. And all of the above? Mr. Suarez. And all of the above. I think also it is important to mention that during the Obama Administration, they lifted restrictions to attempt to get a cable from the U.S. to Cuba---- Mr. Yoho. Right. Mr. Suarez [continuing]. And it was Cuba that said they were not interested and instead ran the cable from Venezuela. Mr. Yoho. Sure. And it is all going to be controlled by China, or China is going to have their 5G. China has got, I think, 60 percent of the 5G network in the world today and this is just one more area it is going to go. And they are going to use the despotic things that Xi Jinping has offered to Maduro, to Putin, to the Iranian ayatollahs and it will be in Castro and it will be complete control, George Orwellian, of the people of those nations. And it is something that we need to wake up as--and I wish these other countries would wake up that are doing business because we know if you do business with Cuba, 90 percent of that money goes to the Cuban Government, pittances go to the Cuban people and they keep them repressed and suppressed and it is not going to change unless the people are empowered to change, and it is what you guys do. Mr. Chairman, I yield back and thank you for your time. Mr. Sires. Thank you. Ladies and gentlemen, thank you all for being here today for this important hearing. Human rights in Cuba continue to be curtailed by the regime. I will continue working with my colleagues to shed light on these abuses. I thank the witnesses and all members for being here today. With that, the committee is adjourned. [Whereupon, at 11:21 a.m., the subcommittee was adjourned.] APPENDIX [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]