Summary: October 28, 2004: EXPLANATION OF VOTE BY MR. ARJAN HAMBURGER, DEPUTY PERMANENT REPRESENTATIVE OF THE NETHERLANDS TO THE UNITED NATIONS, ON BEHALF OF THE EUROPEAN UNION, on the 'Necessity of ending the economic, commercial and financial embargo imposed by the USA against Cuba' (agenda item 28) - GENERAL ASSEMBLY (New York)
Mr. President,
I have the honour to speak on behalf of the European Union. The Candidate Countries Bulgaria, Romania and Croatia , the Countries of the Stabilization and Association Process and potential candidates Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Serbia and Montenegro, align themselves with this statement.
The European Union believes that the United States trade policy towards Cuba should primarily be a bilateral issue without extraterritorial implications for third countries. Therefore, the European Union again reiterates its opposition to the extraterritorial aspect of the United States embargo that has been implemented in accordance with the Cuban Democracy Act of 1992 and the Helms Burton Act of 1996.
The European Union cannot accept that unilateral measures imposed by the United States on specific countries limit its economic and commercial relations with third countries, in this case Cuba. Therefore, in November 1996, the European Union adopted a regulation and a joint action to protect the interests of natural and legal persons from the European Union against the extraterritorial effects of the Helms-Burton Act.
In 1998, during their summit in London, the European Union and the United States agreed on a package of measures involving, inter alia, United States agreement to suspend titles III and IV of the Helms-Burton Act and not to adopt any further extraterritorial legislation of that kind, as well as an agreement on both sides to increase investment protection. The European Union expects that the United States will continue to act in accordance with the commitments made.
The European Union's policy towards Cuba, based on its Common Position adopted in 1996, is clear and coherent. The main objective of the European Union in its relations with Cuba is to encourage a process of peaceful transition to pluralist democracy and respect for human rights and fundamental freedoms, as well as a sustainable economic recovery and an improvement of the living standards of the Cuban people. The European Union underlines that it is willing to cooperate with Cuba in these
fields on the basis of a dialogue with the Cuban government and the Cuban civil society, especially in the field of human rights. Constructive engagement still remains the aim of the European Union's policy towards Cuba. We urge upon the Cuban authorities to respond accordingly.
The European Union strongly condemns the current human rights situation in Cuba, which since 2003 has not shown any significant improvement. The ongoing violation of human rights, the continuing detention of a large number of prisoners of conscience, including those arrested and convicted in March and April 2003, is still a major concern of the EU. The European Union calls for the immediate release of or amnesty for all those detained for political reasons, and appeals to the Cuban authorities
to cooperate fully with international human rights bodies and mechanisms.
The European Union rejects the restrictions imposed on the embassies of most European Union member states by the Cuban authorities, which impede diplomatic contacts and constitute a de facto violation of the Vienna Convention on Diplomatic Relations.
The negative influence of the economic, commercial and financial embargo imposed by the United States of America, as well as Cuban domestic economic policy, seriously hamper the economic development of the island and negatively affects the daily life of the Cuban population. With regard to the latter, we are concerned about the imposition of new restrictions on private enterprise with negative economic consequences for many Cuban citizens.
With regard to the United States of America, we repeat our view that the opening of the Cuban economy would benefit all people, and express our rejection of all unilateral measures against Cuba which are contrary to commonly accepted rules of international trade. With regard to Cuba, the European Union urges the Cuban authorities to bring about rapid, lasting and substantial improvements in the fields mentioned, in particular with a view to ensure the full respect for all human rights.
For all those reasons, and in spite of its serious criticism on Cuba, the European Union unanimously voted in favour of the resolution that has just been adopted.
Thank you, Mr. President.
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