DETENTION OF CUBAN DEFECTORS BY ZIMBABWE

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 003084 SIPDIS DEPARTMENT FOR CA A/S MARY RYAN, CA/VO/F/P DARIA DARNELL, AF PDAS NANCY POWELL, AF DAS WITNEY SCHNEIDMAN, AF/S DIRECTOR ARLENE RENDER, AF/S DEPUTY DIRECTOR DON BOOTH, AND AF/S ZIMBABWE DESK OFFICER CHARLES GURNEY CONFIDENTIAL PAGE 02 HARARE 03084 01 OF 02 081137Z NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH GENEVA FOR RMA NAIROBI FOR REFCOORD AND INS E.O. 12958: DECL: 06/08/10 TAGS: PREL PREF CMGT ZI CU SUBJECT: DETENTION OF CUBAN DEFECTORS BY ZIMBABWE REF: STATE 108703 (NOTAL) CLASSIFIED BY AMBASSADOR TOM MCDONALD FOR REASONS 1.5 B/D. ¶1. (U) THIS IS AN ACTION REQUESTED MESSAGE. PLEASE SEE PARAGRAPH 7. ¶2. (C) PER REFTEL INSTRUCTION, ON JUNE 8 AMBASSADOR MCDONALD TELEPHONED MINISTRY OF FOREIGN AFFAIRS PERMANENT SECRETARY MACHIVENYIKA MAPURANGA, THE HIGHEST AVAILABLE OFFICIAL, TO REGISTER THE USG'S SERIOUS CONCERN WITH THE WELFARE OF CUBAN DOCTORS LEONEL CORDOVA RODRIGUEZ AND NORIS PENA MARTINEZ. THE AMBASSADOR EXPLAINED THAT THE USG HAD AN INTEREST IN THE CASE AS THE CUBANS HAD EXPRESSED A DESIRE TO SETTLE IN THE UNITED STATES. THE AMBASSADOR CONTINUED THAT HE HOPED THE ZIMBABWEAN REFUGEE COMMITTEE WOULD GRANT THE CUBANS REFUGEE STATUS SO AN AMERICAN IMMIGRATION OFFICIAL COULD COME TO HARARE TO INTERVIEW THEM ON JUNE 9. THE AMBASSADOR STRESSED THAT HE HOPED ZIMBABWE WOULD NOT CONFIDENTIAL PAGE 03 HARARE 03084 01 OF 02 081137Z EXPEL THEM BACK TO CUBA IN THE MEANTIME OR TO ANOTHER COUNTRY FOR FORCIBLE REPATRIATION TO CUBA. IN RESPONSE, MAPURANGA TOOK NOTE OF THE AMBASSADOR'S DEMARCHE, BUT STRESSED ZIMBABWE'S SOVEREIGNTY TO DECIDE THE QUESTION. ¶3. (C) AFTER UPDATING CANADIAN HIGH COMMISSIONER JAMES WALL ON JUNE 8 ON ACTIONS WE HAD TAKEN ON THE CASE, DCM ASKED WHAT CANADA INTENDED TO DO WITH RESPECT TO THE CUBANS. WALL SAID THAT HIS COUNTRY'S INTEREST WAS LIMITED, SINCE THE DOCTORS HAVE NEITHER FAMILY NOR ANY OTHER TIES IN CANADA AND HAD MADE NO APPLICATION TO ENTER CANADA. THE HIGH COMMISSIONER REPORTED THAT ON JUNE 7 HE HAD MADE A REPRESENTATION TO MINISTRY OF FOREIGN AFFAIRS DIRECTOR FOR EUROPE AND THE AMERICAS NGONI CHIDEYA TO THE EFFECT THAT HIS GOVERNMENT VIEWED ZIMBABWE AS BEING RESPONSIBLE FOR THE CUBANS' WELL- BEING. WALL NOTED THAT IF THE PRESS ACCOUNTS OF THEIR FORCIBLE REPATRIATION WERE TRUE, THEN ZIMBABWE WAS IN VIOLATION OF THE CONVENTION ON REFUGEES. ¶4. (C) UNITED NATIONS RESIDENT COORDINATOR CARLOS LOPES EXPLAINED TO AMBASSADOR MCDONALD ON JUNE 8 THAT THE LOCAL UN HIGH COMMISSIONER FOR REFUGEES (UNHCR) REPRESENTATIVE, JOHN ADU, WAS TRYING HIS BEST TO RESOLVE THE CASE IN SUCH A WAY THAT THE ZIMBABWEAN GOVERNMENT DID NOT SEE IT AS AN "AMERICAN" ONE. THE ZIMBABWEANS WERE MOVING IN THE RIGHT DIRECTION, LOPES REPORTED. HE SAID THAT BY ALLOWING THE UNHCR REPRESENTATIVE ACCESS TO THE PAIR ON JUNE 7, THE ZIMBABWEANS IMPLICITLY RECOGNIZED THAT FOLLOWING PROPER PROCEDURES WAS IMPORTANT. LOPES CONFIDED THAT THE ZIMBABWEANS ALSO HAD CONFIDENTIAL PAGE 04 HARARE 03084 01 OF 02 081137Z FROZEN OUT CUBAN AMBASSADOR, RODOLFO SARRACINO, BECAUSE THE LATTER HAD COME TO HIM FOR INFORMATION ON DEVELOPMENTS IN THE CASE AS RECENTLY AS JUNE 8. THE REFUGEE COMMITTEE WOULD MEET ON JUNE 8 AND MAKE A DECISION ON THE FATE OF THE CUBANS, BUT THAT DECISION MIGHT TAKE A COUPLE OF DAYS TO BE COMMUNICATED, PROBABLY THROUGH A POLITICAL FILTER. THE ZIMBABWEANS, THE UN RESIDENT COORDINATOR, NOTED WOULD NOT ADMIT TO WRONGDOING IN ATTEMPTING TO REPATRIATE THE CUBANS. ¶5. (C) WHATEVER DECISION THE ZIMBABWEANS MADE COULD WORK OUT WELL FOR THE CUBANS, LOPES CONTINUED. IF THE ZIMBABWEANS GRANTED THEM REFUGEE STATUS, THE CUBANS COULD APPLY FOR RESETTLEMENT IN A THIRD COUNTRY, SOMETHING THAT IS DOABLE IF TIME-CONSUMING. IF THE ZIMBABWEANS DO NOT, THEN UNHCR GETS CUSTODY OF THEM AND ATTEMPTS TO PLACE THEM IN A COUNTRY WILLING TO RECEIVE THEM. IT'S QUITE RARE TO HAVE A READY HOST, AS THE UNITED STATES IS IN THE PRESENT CASE, LOPES AVERRED. ¶6. (C) AMBASSADOR MCDONALD ASKED THAT LOPES INSTRUCT THE LOCAL UNCHR REPRESENTATIVE TO OBTAIN THE IMMEDIATE RELEASE OF THE CUBANS FROM JAIL TO A TRANSIT CAMP OR OTHER SAFE HOUSING, PENDING RESOLUTION OF THE CASE. CONFIDENTIAL CONFIDENTIAL PTQ0917 PAGE 01 HARARE 03084 02 OF 02 081137Z ACTION WHA-00 INFO LOG-00 NP-00 AF-00 AID-00 AMAD-01 ACQ-00 CA-02 CIAE-00 SMEC-00 DODE-00 DOEE-00 ANHR-00 SRPP-00 DS-00 EB-00 FBIE-00 VC-00 H-01 TEDE-00 INR-00 INSE-00 IO-00 L-00 VCE-00 AC-01 NSAE-00 OIC-02 OMB-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SP-00 SSO-00 SS-00 TRSE-00 T-00 USIE-00 FMP-00 PMB-00 DSCC-00 PRM-01 DRL-02 G-00 NFAT-00 SAS-00 /011W -------------- 608804 081138Z /38 O 081141Z JUN 00 FM AMEMBASSY HARARE TO SECSTATE WASHDC IMMEDIATE 6242 INFO NSC WASHDC IMMEDIATE USMISSION GENEVA IMMEDIATE AMEMBASSY PRETORIA IMMEDIATE AMEMBASSY NAIROBI IMMEDIATE AMEMBASSY OTTAWA IMMEDIATE USINT HAVANA IMMEDIATE AMEMBASSY LUSAKA IMMEDIATE C O N F I D E N T I A L SECTION 02 OF 02 HARARE 003084 SIPDIS DEPARTMENT FOR CA A/S MARY RYAN, CA/VO/F/P DARIA DARNELL, AF PDAS NANCY POWELL, AF DAS WITNEY SCHNEIDMAN, AF/S DIRECTOR ARLENE RENDER, AF/S DEPUTY DIRECTOR DON BOOTH, AND AF/S ZIMBABWE DESK OFFICER CHARLES GURNEY CONFIDENTIAL PAGE 02 HARARE 03084 02 OF 02 081137Z NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH GENEVA FOR RMA NAIROBI FOR REFCOORD AND INS E.O. 12958: DECL: 06/08/10 TAGS: PREL PREF CMGT ZI CU SUBJECT: DETENTION OF CUBAN DEFECTORS BY ZIMBABWE LOPES REPLIED THAT THAT IS WHAT HE AND JOHN ADU HAD BEEN TRYING TO DO FOR SEVERAL DAYS NOW. THE AMBASSADOR ALSO SAID THAT THE USG WAS VERY CONCERNED THAT THE GOZ PREVENT NEITHER THE TWO CUBAN DOCTORS FROM HAVING A FAIR ASYLUM HEARING NOR THE UNHCR FROM DOING ITS JOB. ¶7. (C) ACTION REQUESTED: WHILE WE ARE HOPEFUL THAT THE CASE IS PROCEEDING AS IT SHOULD, THERE ARE SEVERAL POSSIBLE STAGES AT WHICH THINGS COULD GO SERIOUSLY WRONG. ONE PLAUSIBLE SCENARIO WE CAN IMAGINE IS PRESIDENT MUGABE, WHO HAS IGNORED WESTERN PUBLIC OPINION ON ISSUES THAT MATTER MORE TO HIM, DECIDING TO REPATRIATE THE CUBANS AT THE REQUEST OF FIDEL CASTRO. IN THE EVENT THAT THE ZIMBABWEAN GOVERNMENT DOES NOT GRANT CORDOVA AND PENA REFUGEE STATUS, WE REQUEST THAT INS PAROLE THE PAIR IMMEDIATELY INTO THE UNITED STATES, SO THAT THEY MAY REMAIN IN THE UNITED STATES WHILE THEIR CASE FOR REFUGEE STATUS IS BEING REVIEWED. MCDONALD CONFIDENTIAL PAGE 03 HARARE 03084 02 OF 02 081137Z CONFIDENTIAL >