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 SPECIAL REPORTS: CUBA- US
Tuesday 22 July 2003

 

Return of Illegal Migrants a Sign of Improved Relations?

Patricia Grogg



HAVANA, (IPS) - Cuba and the United States achieved at least a slight rapprochement in their decades-old conflict Monday by reaffirming bilateral migration policy after the U.S. government sent the 15 Cubans aboard a stolen boat back to the socialist-run island.

The Fidel Castro government praised Washington's decision as valuable contribution towards halting illegal emigration from Cuba to the United States, the only issue that is capable of bringing the two countries to the negotiating table.

Monday's official declaration by Havana confirmed the repatriation of the group that had been aboard a boat stolen last week in the eastern Cuban province of Camagüey, 670 km from Havana, and sailed it towards the United States. The U.S. Coast Guard intercepted the boat.

As part of the ”deal” involved in the return of the would-be emigrants, the Cuban authorities promised the U.S. government of George W. Bush that they would respect the bilateral accords in force and would not penalise the boat's repatriated passengers for ”illegal departure” from the island.

In April, the Cuban courts condemned three hijackers of a passenger ferry to death by firing squad.

The word from Havana Monday was that ”the key responsible figures in the crimes of forced theft of the boat and kidnapping” would indeed face trial in Cuban courts.

But the Castro government assured that it would take into account the exceptional circumstances of the case and would limit ”the corresponding sanctions to no more than 10 years in prison and, if appropriate, using the legal powers available (would exercise) clemency to reduce that limit.”

”The return to Cuba of the participants in the hijacking of the Gaviota 16 is completely coherent with the letter and spirit of the Migration Accords,” said an official statement released to the foreign press in Cuba.

Those treaties, signed by Cuba and the United States in 1994 and 1995, commit both countries ”to direct Cuban migration toward safe, legal and orderly channels.”

James Cason, mission chief at the U.S. Interests Section in Havana (the United States and Cuba do not have formal diplomatic relations), stated that ”hijackings of boats or aircraft are extremely serious violations of international law and of U.S. law.”

In a communiqué read in the broadcast Monday on Cuba's main midday TV news programme, Cason said, ”Any individual of any nationality -- including Cuban -- who hijacks an aircraft or vessel and successfully arrives in the United States will be prosecuted with the full force of the U.S. legal system.”

Such individuals would be ”rendered permanently ineligible for lawful permanent residence in the United States,” which is exactly the thing that Cubans who try to leave their Caribbean island illegally are seeking.

The U.S. diplomat cited, as an example of the U.S. commitment to the migration treaties, the case of Adelmis Wilson González, who hijacked a Cubana de Aviación airlines AN-24 on Mar. 31 on the Isle of Youth, a Cuban island southwest of the main island.

Wilson González ”was tried in an open court proceeding, and on July 10, 2003, convicted by a jury of his peers. He now faces a mandatory minimum sentence of 20 years in a federal penitentiary,” said Cason, insisting on ”only safe, legal, and orderly migration” from Cuba to the United States.

”If Cubans desire to migrate to the United States, they should use only existing, legal channels to do so,” he said. ”The United States remains fully committed to the Migration Accords.”

Those agreements obligate Washington to grant 20,000 visas each year to Cubans wanting to emigrate to the United States, a stipulation that the U.S. authorities intend to comply with, said the Interests Section chief.

For Cuba, the repatriation of the people aboard the hijacked boat and the court ruling on Wilson González ”constitute a valuable contribution by the U.S. authorities to the fight against the hijacking of air and sea vessels for illegal emigration with the use of violence and force.”

The failed attempt to hijack a boat Jul. 14 in the western fishing port of Coloma, in Pinar del Río province, ended in the deaths of three adults involved in the crime and left a 10-year-old boy seriously injured.

An initial official statement about the case did not explain the circumstances of the deaths of the hijackers, who were armed with two pistols and a knife, and shut themselves inside the cabin of the boat tied to the pier.

”My impression is that it was an act of immolation. They killed each other in an act of desperation,” Elizardo Sánchez, of the Cuban Commission on Human Rights and National Reconciliation, said in comments to IPS.

Sánchez considers the ”understanding” between the United States and Cuba on migration issues an example to be followed in other areas in which the two countries can work in a coordinated way, such as fighting drug trafficking and protecting the environment.

The U.S. decision Monday to return the 15 Cubans ”discourages unregulated and illegal emigration, but the fundamental reason that so many Cubans want to leave the country is the failure of the totalitarian model, which has caused poverty and desperation,” he said.

 

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