62ND GENERAL ASSEMBLY ADOPTS CUBA EMBARGO

UNCLAS USUN NEW YORK 000935 SIPDIS SIPDIS E.O. 12958: N/A TAGS: ETRD PHUM UN CU SUBJECT: 62ND GENERAL ASSEMBLY ADOPTS CUBA EMBARGO RESOLUTION REF: SECSTATE 150043 ¶1. (U) On October 30, 2007, the General Assembly (GA) adopted the Cuban-sponsored resolution on the U.S. embargo by a vote of 184-4, with one abstention. The U.S. was joined by Israel, Palau, and the Marshall Islands in voting against it. Micronesia abstained. Albania, El Salvador, and Iraq were absent and did not vote. Ambassador Ronald Godard delivered the U.S. Explanation of Vote and Right of Reply statements. All statements by Member States are available on www.un.org/webcast. ¶2. (U) Cuban Foreign Minister Felipe Perez Roque introduced the draft resolution, entitled "Necessity of Ending the Economic, Commercial, and Financial Embargo imposed by the United Sates of America against Cuba" (full text in paragraph 5). CUBA has tabled this resolution annually in the GA since 1992, and every year it has been passed by an overwhelming majority. In his statement, Roque claimed that the embargo not only has caused CUBA to lose over $89 billion, but also represents an "effrontery of International Law, (and) to the purposes and principles enshrined in the Charter of the United Nations." Roque highlighted the inability of Cuban children to receive medicines manufactured by U.S. companies and listed examples to demonstrate that this "extraterritorial enforcement of American laws" has prevented various third countries from trading with Cuba. Accusing the U.S. of adopting "new measures, bordering on madness and fanaticism," Roque responded directly to excerpts from President Bush,s October 24 statement. After labeling the Bush administration a "criminal dictatorship" that is "fraudulently in power," FM Roque equated the "genocidal blockade" with an attempt to re-conquer CUBA by force. Roque ended his speech by calling for the release of the "Five Cuban Heroes," who are currently incarcerated in the U.S. for espionage, and shouting "Viva CUBA Libre." Both the Cuban statement and the subsequent vote tally were received with applause. ¶3. (U) Twenty-seven other delegations spoke in support of the resolution, including the Russian Federation, China, Pakistan on behalf of the G-77, Egypt on behalf of the Non-Aligned Movement, Bahamas on behalf of the Caribbean Community, Portugal on behalf of the EU, and Uruguay on behalf of MERCOSUR. Common themes that emerged included opposition to unilaterally imposed measures and respect for �00A;international law, the UN Charter, and WTO regulations. Many speakers also claimed that the embargo amounts to a violation of the principles of sovereign equality of States and non-intervention in domestic affairs. Venezuela echoed FM Roque in labeling the embargo an act of genocide, while Zimbabwe, Sudan, and Iran sympathized with the Cuban government, which the Sudanese representative referred to as a fellow victim of U.S. "crimes against humanity." Nicaragua joined CUBA in calling for the closing of Guantanamo Bay and the release of the five incarcerated Cuban citizens. ¶4. (U) Australia and Portugal qualified their support of the resolution with condemnation of the Cuban regime,s human rights record. Portugal, speaking on behalf of the EU, called on CUBA to release all political prisoners and acknowledged that "the United States trade policy towards Cuba is fundamentally a bilateral issue." However, Portugal also urged the U.S. to implement the 18 May 1998 Understanding, which commits the U.S. to "resist(ing) future extraterritorial legislation of this kind." Australia underlined that holding political prisoners and failing to comply with international human rights standards "is not an internal matter." ¶5. (U) Begin text of General Assembly Resolution A/RES/62/3: The General Assembly, Determined to encourage strict compliance with the purposes and principles enshrined in the Charter of the United Nations, Reaffirming, among other principles, the sovereign equality of States, non-intervention and non-interference in their internal affairs and freedom of international trade and navigation, which are also enshrined in many international legal instruments, Recalling the statements of the Heads of State or Government at the Ibero-American Summits concerning the need to eliminate unilateral application of economic and trade measures by one State against another that affect the free flow of international trade, Concerned at the continued promulgation and application by Member States of laws and regulations, such as that promulgated on 12 March 1996 known as the "Helms-Burton Act," the extraterritorial effects of which affect the sovereignty of other States, the legitimate interests of entities or persons under their jurisdiction and the freedom of trade and navigation, Taking note of declarations and resolutions of different intergovernmental forums, bodies, and Governments that express the rejection by the international community and public opinion of the promulgation and application of measures of the kind referred to above, Recalling its resolutions 47/19 of 24 November 1992, 48/16 of 3 November 1993, 49/9 of 26 October 1994, 50/10 of 2 November 1995, 51/17 of 12 November 1996, 52/10 of 5 November 1997, 53/4 of 14 October 1998, 54/21 of 9 November 1999, 55/20 of 9 November 2000, 56/9 of 27 November 2001, 57/11 of 12 November 2002, 58/7 of 4 November 2003, 59/11 of 28 October 2004, 60/12 of 8 November 2005, and 61/11 of 8 November 2006, Concerned that, since the adoption of its resolutions 47/19, 48/16, 49/9, 50/10, 51/17, 52/10, 53/4, 54/21, 55/20, 56/9, 57/11, 58/7, 59/11, 60/12, and 61/11, further measures of that nature aimed at strengthening and extending the economic, commercial and financial embargo against CUBA continue to be promulgated and applied, and concerned also at the adverse effects of such measures on the Cuban people and on Cuban nationals living in other countries, ¶1. Takes note of the report of the Secretary-General on the implementation of resolution 61/11; ¶2. Reiterates its call upon all States to refrain from promulgating and applying laws and measures of the kind referred to in the preamble to the present resolution, in conformity with their obligations under the Charter of the United Nations and international law, which, inter alia, reaffirm the freedom of trade and navigation; ¶3. Once again urges States that have and continue to apply such laws and measures to take the necessary steps to repeal or invalidate them as soon as possible in accordance with their legal regime; ¶4. Requests the Secretary-General, in consultation with the appropriate organs and agencies of the United Nations system, to prepare a report on the implementation of the present resolution in the light of the purposes and principles of the Charter and international law and to submit it to the General Assembly at its sixty-third session; ¶5. Decides to include in the provisional agenda of its sixty-third session the item entitled "Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba." End Text Khalilzad