United Nations Human Rights Council

The issues facing the United Nations Human Rights Council are The Use of Torture and Degrading
Treatment to War Prisoners and The Violation of Rights of Refugees

Topic A: The Use of Torture and Degrading Treatment to War Prisoners

Cuba’s constitution clearly states its position against torture and degrading treatment to
prisoners. In fact, art 58 says: “the person who has been arrested or the prisoner is inviolable in
his personal integrity” and art 59 states that: “No violence or pressure of any kind can be used
against people to force them to testify. All statements obtained in violation of the above precept
are null and void and those responsible for the violation will be punished as outlined by law”.
Morever, in 1995 Cuba ratified Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment.
However, the COMMITTEE AGAINST TORTURE in its Nineteenth session accused Cuba of the
failure in establishing a specific crime of torture as required by the Convention. Furthermore a
report carried on in 1997 disclosed that there occur serious violations of the Convention with regard
to arrest, detention, prosecution, access to counsel and imprisonment of individuals, especially
persons referred to in the reports as dissidents, and that serious violations occur in prisons affecting
the safety, dignity and health of prisoners.
More resolutions have been adopted by the general assembly in order to let Cuba end all violations
of human rights including, in particular, the detention and imprisonment of human rights defenders
and others who are engaged in the peaceful exercise of their rights, and to grant access to its prisons
to non-governmental humanitarian organizations and international humanitarian agencies.
Nonetheless Cuba government, with the word of Castro, defend itself affirming that not a single
persona in Cuba can say that has been tortured.
Topic B: The Violation of Rights of Refugees

Cuba, which has survived decades of US sanctions as well as the collapse of the Soviet bloc
which used to subsidise it heavily, has experienced a downturn in its economic fortunes. But
despite this, Cuba has maintained its reputation for providing good free health care and
education to which the some 700 refugees on the island also have access.

Refugees are not allowed to work in Cuba and many are dependent on a minimal allowance
from UNHCR to help them survive. Those living in urban areas are lodged in private houses,
where they have their own bedroom and access to a bathroom and kitchen. But, UNHCR's
budget to pay for the upkeep of refugees like Marie Rose is continually being reduced because
of funding constraints. Resourceful refugees, like Cuban nationals, try to find ways to benefit
from subsidised products.

All of the 697 refugees in Cuba are what is called "mandate refugees" which means UNHCR has
given them refugee status as the government which has not signed the refugee convention,
has no mechanism to recognise refugees. Mandate refugee status gives refugees temporary
asylum in Cuba, while UNHCR, which operates there with a minimal staff, works to find
countries which will accept them on a permanent basis.