Identifier
Created
Classification
Origin
04THEHAGUE3182
2004-12-07 15:33:00
CONFIDENTIAL
Embassy The Hague
Cable title:  

NETHERLANDS/CUBA/LIBERTAD ACT: REVIEW OF POLICIES

Tags:  CU ETTC PREL NL EUN 
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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)

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