A/HRC/28/74
1992 and the Helms-Burton Act of 1996, as well as other legislative and executive acts.
These acts essentially impose an economic, commercial and financial embargo on Cuba.27
23.
In the United States, Congress passed the Trade Sanctions Reform and Export
Enhancement Act in October 2000. The Act eased somewhat the enforcement of the
embargo and allowed the sale of agricultural goods and medicine to Cuba for humanitarian
reasons. From 2005 onwards, exports to Cuba were required to be on a cash-in-advance
basis, with full payment made before the products were shipped to Cuba; transactions had
to be made through banks in a third country. In 2009, the Government of the United States
eased the restrictions by allowing the Government of Cuba to pay for food and agricultural
products after the shipment was made. 28
24.
The embargo of the United States on medicines and technologies in Cuba has led to
limitations of the enjoyment of human rights by citizens in Cuba. Amnesty International
has shown, on the basis several fact-finding reports, that the embargo had contributed to
malnutrition that mainly affected women and children, poor water supply and lack of
medicine.29 The United Nations High Commissioner for Human Rights described the effect
of the embargo on Cuban people as “disastrous”. 30 According to the American Association
for World Health, which conducted a detailed health survey in Cuba, the embargo on food
and the de facto embargo on medical supplies had wreaked havoc with the island’s model
primary health-care system.31
25.
According to the United Nations Children’s Fund (UNICEF), Cuba is unable to
import nutritional products intended for children and for consumption in schools, hospitals
and day-care centres.32 In addition, food shortages are linked to a devastating outbreak of
neuropathy numbering in the tens of thousands. By one estimate, daily caloric intake
dropped by 33 per cent between 1989 and 1993.33
26.
The embargo also restricts the State’s access to water treatment chemicals and spare
parts for the island’s water supply system. This has led to serious cutbacks in the supply of
safe drinking water, which in turn has become a factor in the rising incidence of morbidity
and mortality rates due to water-borne diseases.
27.
Access to essential medicines and equipment has also been affected by the sanctions.
Of the 1,297 medications still available in Cuba in 1991, physicians now have access to
only 889, and many only occasionally. Because most major new drugs are developed by
United States pharmaceutical companies, Cuban physicians have access to less than 50 per
cent of the new medicines available on the world market. Owing to the direct or indirect
effects of the embargo, the most routine medical supplies are in short supply or entirely
absent from some Cuban clinics.34 In the case of patients with psychiatric disorders,
27
28
29
30
31
32
33
34
For more details on economic sanctions imposed by the United States of America on Cuba, see
Benhamin Manchak, “Comprehensive economic sanctions, the right to development, and
constitutionally impermissible violations of international law”, Boston College of Third World Law
Journal, vol. 30, No. 2 (2010), pp. 421–424.
Amnesty International, The US Embargo against Cuba: Its Impact on Economic and Social Rights,
2009.
Ibid.
A/HRC/4/12, para. 7.
American Association for World Health, The Impact of the U.S. Embargo on Health and Nutrition in
Cuba, March 1997, p.16.
Ibid.
Maria C. Werlau, “The Effects of the U.S. Embargo on Health and Nutrition in Cuba: A Critical
Analysis”, Cuba in Transition, 1998.
Ibid.
9
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