Negotiations for a new memorandum of understanding governing the treatment and repatriation of Cuban refugees are continuing, the government announced Tuesday.
Bringing to fruition a long-delayed process started in January, Deputy Governor Franz Manderson led a five-member delegation to Havana last week, meeting top-level Cuban diplomats on Thursday and Friday to hammer out tentative agreements on a range of issues.
The Cayman delegation comprised Mr. Manderson, Attorney General Sam Bulgin, Ministry of Home Affairs Deputy Chief Officer Wesley Howell, Chief Immigration Officer Linda Evans and Deputy Governor’s Office representative Patricia Stoll.
Their five Cuban counterparts, led by Ministry of Foreign Affairs Ambassador Rafael Dausá Céspedes, director of consular affairs and Cuban residents abroad, also comprised Inspector of the Division of Identification, Immigration and Aliens in the Cuban Ministry of the Interior; and specialists from the Division of Consular Affairs and Cuban Residents Abroad; the General Division of Latin America and the Caribbean; and the General Division of Multilateral Affairs and International Law.
Last week’s talks came after wide acknowledgement in late 2013 that the 10-point April 1999 MOU was outdated, particularly with regard to what government called an “unrealistic” seven-day deadline for notifying Havana of refugee arrivals and identification of individuals. Other concerns centered on murky asylum-seeking procedures, compounded by worries that identification of individuals might compromise their claims for political shelter.
According to a Government Information Services release on Tuesday, Mr. Manderson described the talks as “very productive,” saying the two sides studied such topics as speeding the repatriation process for illegal Cuban migrants; strengthening mechanisms for preventing and combating irregular migration; preserving the legitimacy of legal migration; and ensuring observance of the purposes and principles of the United Nations Charter.
However, Mr. Manderson did not elaborate, saying only that the group had developed a draft MOU, and that further discussions are likely in an effort to gain a quick resolution.
“We are confident that the new MOU will better facilitate the return of illegal Cuban migrants from the Cayman Islands, largely due to, among other things, a significant reduction in processing time,” the deputy governor said. “This should deter illegal migration from Cuba and, consequently, also reduce costs to the CI government incurred in detaining and maintaining the migrants.”
He did not offer any indication of when the drafting and negotiation process might conclude.
A 14-page report by Cayman’s Human Rights Commission in 2013 weighed a series of issues based on local complaints that the Immigration law prevented provision of aid to refugees landing in Cayman, threatening a fine of $50,000 and seven years in jail.
The commission quoted the complaint, for fears that prohibiting the supply of “the basic necessities of life – food, water, medical aid, and fuel” likely violated international human rights and that Cayman would be severely criticized by the United Nations and the European Union.
Mr. Manderson, as the then-chief immigration officer, cautioned in 2007 that “serious ramifications could … arise from providing assistance for irregular migration.” Terrorists, he warned, “could travel under the guise of illegal Cubans and, with our assistance, enter nearby countries and eventually enter the U.S.”
Additionally, the commission told Mr. Manderson it would discuss auditing the procedures for notifying migrants about their rights, and for screening asylum claims.
The Human Rights Commission concluded by recommending that prosecutions for aiding migrants should not be pursued, while recognizing that illegal immigrants should be reported.
“It seems unlikely that acts such as providing food and/or water or any other humane assistance to Cuban migrants encountered at sea or after having recently come ashore could or should be prosecuted under the Immigration Law,” the report finished.
“Since meeting with the Human Rights Commission, the Honourable Deputy Governor has had initial discussions with the Cuban Ambassador regarding guidance and assistance on the protocols required to amend the MOU in order to address the concerns detailed above. These discussions are ongoing and the Honourable Deputy Governor has agreed to keep the Commission informed of any developments,” the report ended.
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I believe it is a truly christian thing to do . People from anywhere should get at least water,food ,medical and fuel. We are only giving what we want if we were in the same situation.