Cuban Prisoners Exiled to Spain Face Maze of Immigration Rules

from news sources

Cuban refugee Jorge Pérez Fernández has the promise in writing: the Spanish government will grant him political asylum or residency within six months of his arrival in Spain.

Fourteen months after he landed in Madrid, he has neither — a harsh lesson on the vagaries of Spanish migration laws that he has already passed on to the former political prisoners who arrived from Havana in the past weeks.

“I told them to stay alert,” said Pérez, who has launched a hunger strike to push for a resolution of his case: he’s an undocumented migrant who can’t work legally and gets no government aid.

“Economically speaking, I am totally defenseless,” said the 42-year-old architect from the eastern Cuban town of Banes, who arrived from the Guantánamo naval base and now lives in Spain’s Canary Islands.

Jorge Graupera, a Cuban-born Madrid lawyer who specializes in immigration cases, is not surprised by Pérez’s case or by the many questions surrounding the status of the 23 ex-prisoners and 100 relatives who arrived from Havana since July 12.

Outside Spanish Laws

“There’s a lot of confusion, even among immigration lawyers. We have never seen anything like this . . . because this has jumped outside the [Spanish] laws,” said the lawyer, whose firm, Legal City, has offered to advise the former prisoners and relatives.

Graupera noted the Cubans arrived under a Spanish government agreement to give immediate entry to any of the 52 political prisoners that Cuba has promised to free, and who wish to move to Spain — not as part of any standard immigration proceedings.

The leader of the Ladies in White in Cuba, Laura Pollán, says Cuba may not free as many political prisoners as it claims it will, and noted that if the prisoners were sent into forced exile, there could be no talk of an “advancement of human rights” in her country.

Spanish officials say they have offered the Cubans the best immigration status available, Assisted International Protection. That allows them to apply for permanent residency (which includes a work permit), the possibility of returning to Cuba if Havana permits it, and Spanish citizenship in four to five years.

Spain also has offered assistance with rent, clothes, food, transport, jobs, education and health services, as well as pocket money — 85.27 euros a month per couple (about $110), 18.58 for children under 18 and 32.79 for older dependents.

Some of the ex-prisoners have said they might instead apply for political asylum, which could make it easier to reunite in Spain with other relatives now still in Cuba, said Gustavo Fuentes, a Cuban-born Madrid lawyer who is advising Pérez.

Relocation to United States Complex

Further complicating the issue: at least four of the ex-prisoners have said they might want to move on to the United States. But they would not qualify for U.S. political asylum once they have obtained residency or asylum in Spain. And applying for U.S. migrant visas would take at least three to five years, lawyers said. If they become Spanish citizens, they would not need U.S. visas for trips.

Relatives of some of the dissidents still in Cuban jails have said they do not want to go to Spain but might consider leaving for the United States — though that seems to be another tough option.

It usually takes three to five years for the U.S. diplomatic mission in Havana to issue entry permits as political refugees to those who qualify, Berta Soler said. Her husband, Angel Moya, is one in a Cuban prison, serving a 20-year sentence.

CFTU Updates

  • The Passing of Bill Doherty

    Bill Doherty, 84, Executive Director of the American Institute for Free Labor Development, AFL-CIO

    William Charles “Bill” Doherty Jr., who led the AFL-CIO’s outreach to trade unions in Latin America for 35 years, died August 28 after a long battle with bone marrow cancer. He was 84.

    Born in Belleview, Ky., the oldest of nine children, Doherty was raised in the Washington, D.C. area where his father, William Charles Doherty Sr. was president of the National Association of Letter Carriers, and later the first U.S. ambassador to Jamaica. He graduated from St. Paul’s Catholic Academy High School, where he met his future wife, Jane Catherine Donovan, a Boston native.  He worked as a Capitol Hill police officer while completing his degree in philosophy at Catholic University of America, where he played defensive lineman for the football team. He also attended Georgetown University School of Linguistics and Georgetown Law School.

    Doherty’s life was defined by his Catholic faith (he spent a brief period of his life in the St. Charles Seminary, studying to be a priest) and his conviction that democratic trade unions held the key to freedom and prosperity around the world. His work with the International Confederation of Free Trade Unions (ICFTU), the Postal Telephone and Telegraph International (PTTI) and the AFL-CIO’s American Institute for Free Labor Development (AIFLD), took him to 129 countries over his career.

    After serving as an aerial photographer with the U.S. Army Air Corps during World War II, Doherty assisted in rebuilding the trade union movement in Germany, supporting the anti-Nazi, dissident labor leaders and nascent democratic trade union movement that is today known as the Confederation of German Trade Unions (Deutscher Gewerteschaftsbund, DGB).  He served in Belgium, Europe and Latin America as an AFL-CIO representative to the PTTI, an international trade secretariat.

    When President John F. Kennedy’s Alliance for Progress was initiated in 1961 to support labor’s international role in nurturing democratic trade union movements abroad, Doherty was the logical choice to serve as AIFLD’s Director of Social Projects, and later as Executive Director.  He led the AIFLD under the direction of four AFL-CIO presidents, retiring in 1996.

    Survivors include his wife of 52 years, Jane Catherine Donovan, eight children and 25 grandchildren.


  • The CFTU Website

    Welcome to the CFTU website!

    We’ve designed it to keep you better informed about developments in the continuing struggle of workers everywhere to establish and maintain the right of Freedom of Association – the right to form and join unions of their own choosing, run by people they elect.

    The CFTU has been active in recent years in attempts to assist workers in Cuba struggling to assert that right – in the face of their government’s insistence that only one union, guided by the Communist Party, can represent them,  and against the background of continuing imprisonment and harassment of those who think otherwise.

    Cuba is not the only country in the world denying workers their rights.  Sadly the list is long – Burma, Vietnam, North Korea, China -  to cite a few.  But too many trade unionists in the free world are unwilling to speak out, apparently believing that somehow these regimes will transform themselves into democratic societies and that through contact with free world unions, the non-representative unions in those police states will remake themselves into legitimate unions. Such a belief flies in the face of 90 years of experience to the contrary.

    The recent hunger-strike death in a Cuban prison of Orlando Zapata Tamayo, a 42-year old brick mason serving a 26-year sentence for his political activities, and the long hunger strike of  dissident journalist Guillermo Farinas, provide eloquent testimony to the determination of those heroes to see their country free and democratic and observant of all the rights of free people.

    Our committee believes that neither dictatorships nor their hand-maiden unions ever yield power willingly and that free trade unions must not be complicit in the denial of freedom of association to workers.  Rather, we believe that those who are joined in the struggle to assert workers’ rights in the face of dictators, those who risk imprisonment and harassment, need and deserve our moral and material support.  We hope you will join us in those struggles.

    Tom Donahue, CFTU Chair