NETHERLANDS/CUBA/LIBERTAD ACT: REVIEW OF POLICIES

C O N F I D E N T I A L SECTION 01 OF 03 THE HAGUE 003182 SIPDIS STATE FOR EUR AND WHA/CCA E.O. 12958: DECL: 12/02/2014 TAGS: CU ETTC PREL NL EUN SUBJECT: NETHERLANDS/CUBA/LIBERTAD ACT: REVIEW OF POLICIES AND ACTIVITIES REF: A. (A) STATE 248337 ¶B. (B) THE HAGUE 1639 (RESPONSE TO PREVIOUS TITLE III REQUEST) ¶C. (C) THE HAGUE 1692 (RE. TITLE III WAIVER MISUNDERSTANDING) ¶D. (D) THE HAGUE 2590 (UNGA RESOLUTION POSITION) ¶E. (E) THE HAGUE 2728 (MPS DENIED ENTRY) ¶F. (F) THE HAGUE 2758 (DUTCH POSITION ON POSSIBLE EU POLICY REVISION - OCTOBER) ¶G. (G) THE HAGUE 3006 (NOV COLAT READOUT) ¶H. (H) BUCKNEBERG-SIBILLA EMAIL 12/2/04 (DUTCH POSITION ON POSSIBLE EU REVISION - DECEMBER) Classified By: DCM Daniel R. Russel for Reasons 1.4 (b/d) ¶1. (C) Summary: Dutch government and society puts primary emphasis on human rights and freedoms in policies and activities toward Cuba. While the Dutch adhere to the EU Common Position on Cuba, the GoNL is currently resisting Spanish-led efforts to unconditionally revise EU relations with Cuba. Dutch NGO activities focus attention in Cuba and abroad on the human rights situation on the island, and prepare the way for a free post-Castro Cuba. While the Dutch have limited investments in Cuba, a non-waiver of Libertad Act Title III would undermine cooperation toward our shared ultimate goal of a free and democratic Cuba. Strong Dutch policies and actions toward Cuba, together with general cooperation with the U.S., make a renewed suspension of Title III of the Libertad Act a matter of national interest. End Summary. Policy Ties Relations to Human Rights -------------- ¶2. (C) The Dutch government maintains a primary focus on human rights and freedoms in its policy and activities in Cuba, speaking out both publicly and privately against the human rights situation on the island (see Ref D for most recent example). Officially, the Dutch adhere to the EU Common Position on Cuba, but are currently standing firm in the face of a Spanish-led effort to revise policy unconditionally (refs E-H). While the Dutch stated in the past that they would insist that the Cuban regime release the 75 political prisoners detained in March 2003 before the EU's June 2003 punitive measures could be revised, MFA Western Hemisphere Department's Cuba Policy Adviser Jan Jaap Groenemeijer expressed to poloff December 2 a cautious willingness among the Dutch to consider alternative policy only if they could be convinced it would be more effective in improving the human rights situation in Cuba, especially for dissidents (ref H). Although stiffer EU policies toward Cuba would be preferable to many parliamentary and ministry officials (refs D, F),the Dutch EU Presidency role has restrained the Dutch government from actively lobbying EU colleagues over the past six months (refs B, E-H). Dutch officials continue to voice human rights concerns with regard to Cuba, however, and have sought to frame EU discussions in terms of the humanitarian situation and increasing support for dissidents. Activities Focus on Human Rights, Freedoms -------------- ¶3. (U) Several Dutch NGOs also help focus public attention on human rights in Cuba. See ref B regarding activities of Dutch NGOs Pax Christi, HIVOS and NOVIB in Cuba. More recently, Christian Labor Federation (CNV) has spoken out against changing EU policy, favoring paying more attention to the Cuban democratic opposition and pressing to continue present policy until the 75 prisoners are freed. CNV also subsidizes the "organizational development" of CUTC trade union in Cuba, and sponsors the families of several CUTC members in prison. Domestically, CNV has an ongoing petition campaign asking the public's attention for the Cuban prisoners, and signing letters protesting the Cuban government's treatment of CUTC members. ¶4. (U) NGO Cuba Futuro has stepped up activities raising awareness among the Dutch and international public about the human rights situation and working for a democratic transition in Cuba. Cuba Futuro organized the October 15 journey of two Dutch and one Spanish MP to Cuba, which inspired several days of Dutch media coverage and a groundswell of opinion calling for stiffened measures against the Cuban government after the three were denied entry to Cuba because they planned to meet with dissidents. Cuba Futuro maintains contacts with the Dutch parliament, European and international organizations, Cuban dissidents, and the tourism and business community to campaign against the Castro regime's violations of human rights. Through this campaign, Cuba Futuro seeks to enlist informed businesses and tourists in helping strengthen civil society on the island by, for example, bringing books for distribution there. Cuba Futuro has also sought to raise awareness in commemoration of the ten-year anniversary of the July 13, 1994 Cuban attack and sinking of the "Remolcador" tugboat, in which 41 people were killed attempting to flee the island, stressing that the two boats used by the Cuban Government had been provided by a Dutch firm with the help of export subsidies. (The MPs who were denied entry to Cuba were planning to throw flowers into the Havana harbor in commemoration of the tragedy.) Cuba Futuro campaigns against the European practice of providing export subsidies to assist the sale of development materials to an authoritarian regime which employs them as tools of repression. Next year, Cuba Futuro plans to draw attention to the anniversary of the 2003 human rights crackdown, as well as to Castro's unfulfilled promises made six years ago during the visit of Pope John Paul II. Cuba Futuro plans also to continue promoting at a national and international level further debate on the labor, human rights, and investment conditions in Cuba. Non-Waiver Would Distract Focus From Human Rights -------------- -------------- ¶5. (C) As Cuba Futuro works to expedite a Cuban transition, lead activist Luduine Zumpolle nevertheless voiced concern to poloff November 30 about the potential for a non-waiver of Libertad Act Title III. She noted that the potential for U.S. lawsuits and sanctions on foreign firms would "unhelpfully complicate" relations between the U.S. and EU. Rather than focusing attention on the Cuban regime, the harsh reality of Cuban repression would be overshadowed by a resulting trans-Atlantic dispute. She believed all partners should work together toward their shared post-Castro agenda, and emphasized that "Cubans suffer from uncoordinated international policy" and that "Castro gains when he can portray the U.S. as a villain." ¶6. (C) Per Refs B and D, the Dutch have reiterated that under the terms of the 1996 "Understanding" the EU would almost certainly renew its case against the U.S. with reference to the Libertad Act if the U.S. did not continue to suspend Title III. Furthermore, they strongly object on principle to any potential treatment of EU countries differently with regard to Title III waivers (refs B-D). Minimal Investment in Cuba -------------- ¶7. (SBU) According to the Dutch Embassy in Havana, Dutch investment in Cuba is minimal. Damex Shipyards, which operates a facility in Santiago (El Nispero Shipyard),is the largest Dutch business interest. The large Netherlands-based international bank ING, which owned the Netherlands Caribbean Bank Cuba in Havana, has pulled out, leaving only a small representation office. UK-Dutch consumer products company Unilever also maintains a sales office. Comment -------------- ¶8. (C) The Dutch remain a strong voice within the EU for maintaining pressure on the Cuban government to improve its human rights record. The Dutch policy focus on human rights and freedoms in Cuba, combined with the Dutch government's energetic support for actions paving the way for a post-Castro free and democratic Cuba, weigh heavily in favor of a waiver of Libertad Act Title III in the national interest. Failure to waive Title III would be perceived here as incompatible with our shared objective of drawing attention to the human rights situation in Cuba, and could have a negative impact on U.S.-Dutch and U.S.-EU cooperation in this area. RUSSEL