In addition to the information on political dissent in Cuba already available at Regional Documentation Centres, such as the yearly Country Reports, its corresponding Critique, annual Amnesty International reports and other publications, please find attached two documents that address the requested subject for the latter years of the requested timeframe. The various documents available to the DIRB do not cover the earliest years of the requested timeframe. Another document, providing one of the most recent brief updates on human rights conditions in Cuba, is attached for your reference (Human Rights Watch/Americas Feb. 1994, 3-5).

The attached documents refer, in one case, to the lack of independence of educational and academic institutions and reprisals taken against members of the academic community (News from Americas Watch 24 Feb. 1992, 14-15) and, in the other case, to the lack of legal protection for those who express criticism of the system (Henkin et al. July 1988, 33-39). The documents mention the use of legal and extra-legal measures to penalize and in some cases imprison those who publicly express critical opinions, stating that the reprisals have included dismissal from academic posts or loss of employment. It is not clear from the available sources whether jailed students are prevented from completing their studies after being released, or whether employment in their field of study would be denied as a form of reprisal.

In addition to the attached documents, the DIRB contacted two organizations that monitor human rights in Cuba. The attached documents discuss the legal provisions regarding "enemy propaganda" and other aspects of dissent repression discussed by the first source cited below.

A representative of the Havana-based Cuban Committee for Human Rights provided the information that follows (3 May 1994).

All Cuban students, professionals and other citizens who publicly manifested their support for political reforms while in former communist countries or in Cuba may have been identified by the Cuban political police. The consequences could vary according to the person's opinion and involvement in dissenting activities, and could range from the opening of a police file to register their political opinion and activity to criminal charges and sentencing.

Manifesting support for anti-communist ideas could bring charges of "enemy propaganda" (propaganda enemiga), a charge which is punishable by up to eight years in prison. Those who have attempted to stay abroad by claiming refugee status or through some other means unauthorized by Cuban authorities could be liable for "attempting to stay abroad illegally," an offense that can also be punished with up to eight years in prison.

Some persons who returned to Cuba after being involved in dissenting political activities while abroad have been jailed. In some cases the police may have decided to close the files on a person, while in others the person might still be suspect, regarded as a potential offender or dissident. These situations could certainly have an impact on a person's academic and professional future; in some cases, those who have manifested disagreement or opposition to the communist system have been prevented from continuing their studies or their professional practice, and have become virtual outcasts. A general statement that would be valid for all cases cannot be accurate, however, as the possible consequences of dissent remain at the discretion of the authorities.

A staff member of the Cuban-American National Foundation's Exodus Program in Miami stated that the Exodus Project has no documentation on cases of reprisals or consequences suffered by Cuban students upon their return to Cuba after they manifested dissent while abroad (3 May 1994). The source stated that although the staff of the Exodus Program has often heard of reprisals and negative consequences, an answer that could be true for all returning students who were involved in dissident activities while in Cuba or abroad could not be provided. Reprisals for dissent could vary depending on the form of dissent, the awareness and attitude of authorities, and other variables.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Henkin, Alice H. et al. July 1988. Human Rights in Cuba: Report of a Delegation of the Association of the Bar of the City of New York.

Cuban-American National Foundation-Exodus Project, Miami. 3 May 1994. Telephone interview with staff member.

Cuban Committee for Human Rights (CCPDH), Miami. 3 May 1994. Telephone interview with representative.

News from Americas Watch. 24 February 1992. Vol. 4, No. 1. "Tightening the Grip: Human Rights Abuses in Cuba, August 1991-February 1992." New York: Human Rights Watch.

Human Rights Watch/Americas. February 1994. Vol. 6, No. 2. "Cuba: Stifling Dissent in the Midst of Crisis." New York: Human Rights Watch/Americas.

Attachments

Henkin, Alice H. et al. July 1988. Human Rights in Cuba: Report of a Delegation of the Association of the Bar of the City of New York, pp. 33-39.

News from Americas Watch. 24 February 1992. Vol. 4, No. 1. "Tightening the Grip: Human Rights Abuses in Cuba, August 1991-February 1992." New York: Human Rights Watch, pp. 14-15.

Human Rights Watch/Americas. February 1994. Vol. 6, No. 2. "Cuba: Stifling Dissent in the Midst of Crisis." New York: Human Rights Watch/Americas, pp. 3-5.