1995/66. Situation of human rights in Cuba

The Commission on human rights,

Recalling its resolution 1994/71 of 9 March 1994 regarding the affirmation and extension of the mandate of the Special Rapporteur of the Commission to review and report on the situation of human rights in Cuba and to maintain direct contact with the Government and citizens of Cuba,

Recalling also General Assembly resolution 49/200 of 23 December 1994 regarding the situation of human rights in Cuba,

Recognizing with deep appreciation the efforts of the Special Rapporteur to carry out the mandate concerning the situation of human rights in Cuba,

Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms as stated in the Charter of the United Nations and elaborated in the Universal Declaration of Human Rights, the International Covenants on Human Rights and other applicable human rights instruments,

Noting with deep regret the continued failure of the Government of Cuba to cooperate with the Special Rapporteur and its refusal to permit him to visit Cuba in order to fulfil his mandate,

Considering the report on the situation of human rights in Cuba submitted to the Commission by the Special Rapporteur (E/CN.4/1995/52),

Deeply concerned at information in the report of the Special Rapporteur on arbitrary arrests, beatings, imprisonment, harassment and threats, including loss of employment against human rights defenders and others who are engaged in the peaceful exercise of their rights,

Profoundly concerned at continued violations in Cuba of fundamental human rights and freedoms enumerated in the Universal Declaration of Human Rights,
such as the freedoms of thought, conscience and religion, opinion and expression, assembly and association, and rights associated with the administration of justice,

Endorsing the Special Rapporteur's view that, while positive, the Government of Cuba's decision to invite the High Commissioner for Human Rights to visit the country should be regarded as a point of departure for full cooperation by the Government of Cuba with all mechanisms of the Commission on Human Rights, including the Special Rapporteur,

1. Takes note with appreciation of the report of the Special Rapporteur on the situation of human rights in Cuba (E/CN.4/1995/52);

2. Calls upon the Government of Cuba to permit the Special Rapporteur the opportunity to carry out his mandate in full, in particular by allowing him to visit Cuba;

3. Expresses particular concern that the Government of Cuba has failed to carry out its commitment, common to all Member States, to cooperate with the Commission on Human Rights, in conformity with Articles 55 and 56 of the Charter of the United Nations;

4. Regrets profoundly the numerous unanswered reports of violations of basic human rights and fundamental freedoms that are described in the report of the Special Rapporteur, and expresses particular concern at prevailing intolerance for freedom of speech and assembly in Cuba;

5. Calls upon the Government of Cuba to bring the observance of human rights and fundamental freedoms in Cuba up to universally recognized standards, to end all violations of human rights as recommended by the Special Rapporteur, including in particular by permitting freedom of peaceful expression and assembly and by ending immediately the detention and imprisonment of human rights defenders and others, including those deemed to be "dangerous" and imprisoned without any regard for due process, in contravention of applicable human rights standards;

6. Extends the mandate of the Special Rapporteur for one year;

7. Invites the Government of Cuba to consider the possibility of requesting the establishment of a programme of advisory services;

8. Requests the Special Rapporteur to maintain direct contacts with the Government and citizens of Cuba as specified in past resolutions of the Commission;

9. Recommends that the existing mechanisms of the Commission on Human Rights, in particular the Working Group on Arbitrary Detention in the discharge of its mandate, continue giving attention to the situation in Cuba and visit Cuba;

10. Invites the Special Rapporteur and the existing mechanisms of the Commission to cooperate fully and exchange information and findings on the situation of human rights in Cuba;

11. Requests the Secretary-General to provide all necessary assistance to the Special Rapporteur;

12. Requests the Special Rapporteur to carry out his mandate, bearing in mind, inter alia, the Universal Declaration of Human Rights, to submit an interim report to the General Assembly at its fiftieth session and to report to the Commission at its fifty-second session on the results of his endeavours pursuant to the present resolution.
59th meeting
7 March 1995
[Adopted by a roll-call vote of 22 votes to 8,
with 23 abstentions. See chap. XII. E/CN.4/1995/176]


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