Cuba's "New" Foreign Investment Law Violates International Norms

capitolhillcubans

We've long argued how Cuba's "new" foreign investment law -- almost exactly like its old one -- violates international labor law.

A new report by Dr. Jose Alvarez, Emeritus Professor at The University of Florida, confirms this position and elaborates on the specific International Labor Organization (ILO) conventions it violates.

It's shameful how some lobby the U.S. to allow American companies to partake in such gross violations of international law.

1. Forced Labor Convention (No. 29) and Abolition of Forced Labor Convention (No. 105) - Cuba has used forced and compulsory labor by sending workers to permanent agricultural camps as a means of political coercion and education and punishment for holding expressing opposing political views. In addition, labor mobilizations to work in specific agricultural development projects also violate these Conventions.

2. Freedom of Association and Protection to Organize Convention (No. 87) - Article 1(g) of the new Labor Code grants the workers “the right to associate themselves voluntarily and establish Unions.” In practice, it is not allowed.

3. Protection of Wages Convention (No. 05) - Cuba violates this Convention that prohibits deductions from wages with a view to insuring a direct or indirect payment for obtaining or retaining employment made to a state intermediary agency.

4. Right to Organize and Collective Bargaining Convention (No. 98) - Collective bargaining is nonexistent in Cuba.

5. Discrimination (Employment and Occupation) Convention (No. 111) - By selecting the workers to supply to foreign enterprises, Cuba does not follow the mandate of equality of opportunity or treatment in employment and occupation.

6. Employment Policy Convention (No. 122) - Cuba’s policy is of selecting who works where, regardless of skills or endowments, and transfers are not the result of the will of the worker.

And also:

7. The Universal Declaration of Human Rights (Article 23) - Nonexistent in Cuba are: the right to work; free choice of employment; just and favorable working conditions; protection against unemployment; the right to equal pay for equal work; just and favorable remuneration; and the right to form and join trade unions.