What is the Freedom to Travel Campaign?
The Freedom to Travel Campaign (FTC) was created in 1993 to end the U.S. government restrictions against travel to Cuba. Comprised of fifty separate organizations, the FTC organized eight Cuba trips, involving over one thousand people, that directly challenge the travel restrictions. The FTC also educates the public on the issue of the right to travel, encourages the media to cover the issue, and lobbies Congress and the Executive branch to end all restrictions against U.S. citizens traveling to Cuba. During 1994-96 the FTC was party to a major lawsuit against the travel restrictions.
Why should we care about travel to Cuba?
U.S. citizens have a constitutional right to travel. The outdated, counterproductive U.S. embargo against Cuba should not be used by the government as an excuse to violate our rights. We believe that communication and dialogue across borders is a positive, non-violent way of resolving differences among nations. If the U.S. and Cuban governments do not talk to each other, then we -- the citizens -- must lead the way. As conscientious citizens, we follow the hallowed tradition of protesting unjust laws and standing up for our civil liberties.
Just what are the travel restrictions?
U.S. citizens are technically allowed to visit Cuba. But unless they are fully employed journalists, academic researchers, government officials or otherwise receive a special license, they are not allowed to spend money on the island. This monetary restriction is, in effect, a travel ban. Those who violate it are subject to up to ten years in prison, a $250,000 criminal fine, and a $50,000 civil penalty. This is quite a drastic punishment for visiting our neighbors and trying to gain a more profound understanding of our world!
How long have these travel restrictions existed?
They were first imposed in 1961, lifted under the Carter administration in 1977, and then re-imposed under President Reagan in 1982. President Clinton further tightened them in 1994, "relaxed" them in 1995, tightened them again following the passage of the Helms-Burton legislation (passed in February 1996, codifying the travel restrictions.) He then relaxed them again in early 1999, claiming a desire on the Administration's part to build "people to people" ties between the U.S. and Cuba. The Executive branch remains in control of who can travel to Cuba legally through a licensing process that has been accused of operating in an arbitrary, capricious and discriminatory fashion.
Do the same restrictions apply to other communist countries?
Not at all. We can travel freely to the world's largest communist country -- China. Restrictions on travel to Vietnam have been lifted for five years. Perhaps most ironic is the fact that, in the past, we were not allowed to travel to Cuba because, as a Soviet ally, it was considered a national security threat. Yet even at the height of the Cold War, we were always allowed to travel to the Soviet Union and Eastern Europe!
Do other countries have similar restrictions against travel to Cuba?
Hundreds of thousands of Canadians, Latin Americans and Europeans travel to Cuba every year in just as normal a fashion as U.S. citizens vacation in the Bahamas. Cuba now has cordial diplomatic relations with almost every country in the world. For the past seven years, the U.S. embargo against Cuba has been overwhelmingly condemned by the General Assembly of the United Nations, most recently by a vote of 157-2. The only other country to vote with the U.S. was Israel, which currently operates the largest citrus plantation in the world in Cuba -- a clear example of a schizoid separation between political and economic expediency on the part of that nation.
How many people have traveled to Cuba and has anyone been prosecuted?
It is estimated that over 100,000 U.S. citizens traveled to Cuba in 1998, 80% unlicensed. The number grows each year. A number of individuals and organizations have been singled out for harassment for travel to Cuba and the Office of Foreign Assets Control (OFAC) in the Treasury Department, which overseas the travel regulations, has threatened to hold hearings against them, but there is only one case of prosecution for Cuba travel we know of. In 1990, Dan Snow, a Texas bass fisherman, was fined $5,000 and sentenced to 90 days in jail and 1,000 hours of community service for traveling to Cuba to go bass fishing.
So far, beyond an initial letter, called a pre-penalty notice, against a number of citizens who have been intercepted by Customs returning from Cuba, OFAC has taken no further action against those who have immediately secured the services of civil rights attorneys. The Center for Constitutional Rights (CCR) in New York City maintains a project to represent U.S citizens who are harassed by the U.S government for traveling to Cuba. If you or anyone you know encounters such difficulty, please immediately contact: Jocelyn Kaye of CCR at 212-614-6470.
What happened to the Freedom to Travel groups that traveled to Cuba?
In October 1993, a group of 175 U.S. citizens, from 25 U.S. states, traveled to Cuba to openly challenge the travel ban. When they returned to the U.S., many of the challengers had their passports seized. In June 1994, the Campaign's bank account was frozen by the U.S. government, one week before the second trip left for Cuba with 180 participants. The Campaign generated a tremendous amount of negative publicity for the Treasury Department and motivated a number of Senators and members of Congress to work up legislation on the issue. Since then, trip participants have experienced minor harassment upon reentry, had souvenirs from Cuba seized, but little else.
What happened to the passports and the bank account?
The government later claimed it seized the passports only as evidence for possible prosecution, not to take away the participants' right to travel. Each of the 65 whose passports were taken were able to purchase another one immediately if they so chose. Once the government decided that there would be no prosecution -- six months later -- the passports were returned. When the Campaign took legal action against the government over the frozen bank account, the government freed the funds. Incidentally, that trip went on as planned, the $43,000 having been replaced in one week by donations from concerned individuals.
How do you think the government will respond to future trips?
There are very conflicting views within the government One side says that if the challengers are not prosecuted, it will make the policy look like a farce.
Others feel that it would be a very bad move for the government to take people to court for traveling -- it would not look good domestically or internationally. Numerous international treaties and agreements to which the U.S. is a party view travel as a human right. Amnesty International has announced that it would consider anyone jailed for traveling to Cuba a "prisoner of conscience." We are hoping that voices of reason will prevail and the Clinton administration and Congress will change the policy.
If we have a constitutional right to travel, how can the government restrict that right?
In 1958, the Supreme Court ruled that we do indeed have the right to travel under the "due process" clause of the fifth Amendment. Civil liberties groups also argue that travel is a First Amendment right because, to fully exercise our right of free speech, especially regarding foreign policy, we must have the right to travel and form firsthand opinions. Yet in 1984, the Supreme Court ruled by a narrow 5-4 decision that the President did have the right to curtail the right to travel for national security reasons.
Can Cuba be considered a national security threat?
The world has changed tremendously since 1984. At that time, the U.S. accused Cuba of being an ally of the U.S.S.R. and supporting armed revolution in Central America and Africa. Now the Soviet Union no longer exists and there is no Cuban involvement in armed struggle in Central American or Africa. It would be ludicrous to say that Cuba, a tiny island of under 11 million people undergoing a severe economic crisis is in any way a threat to the United States. The only foreign military base in Cuba is the U.S. naval base at Guantanamo Bay! According to a Center for Defense Information study, Cuba spends in a year on its military what the U.S. spends in 12 hours.
So how can the government still justify the travel ban in this post Cold War era?
The U.S. government says the Cuban government is not democratic and does not respect the human rights of its citizens. It argues that if U.S. citizens spend money in Cuba, we would be propping up the Castro regime. Yet there are scores of countries --from Guatemala to Saudi Arabia to China with well documented human rights abuses and curbs on democratic rights -- where we can travel freely. The government generally refers to this type of policy as "constructive engagement."
In April 1996, the Ninth Circuit Court of Appeals upheld the government's argument that it could restrict America's constitutional right to travel whenever it judged such restrictions "appropriate" to its conduct of foreign affairs. Civil liberties and human rights organizations have expressed outrage at this ruling, fearing that it will result in unlimited government power to restrict travel whenever the executive branch deems it expedient to do so. FTC will continue its challenge to this ruling.
U.S. policy toward Cuba is not predicated on what is rational or what is best for either Cubans or U.S. citizens, but what lines the pockets of politicians. President Clinton, like his predecessors, feels the need to curry favor with the wealthy right wing Cuban American community that has been dictating U.S. policy for years. This sector, primarily represented by the well-financed Cuban American National Foundation located in Florida, is opposed to any talks or openings with the Cuban government as long as Fidel Castro remains in power.
Is there also a problem with the U.S. not granting visas for Cubans invited on cultural or academic exchanges in the U.S.?
Definitely. Despite the fact that international norms outlined in numerous treaties forbid visa denial based on political or ideological belief, this is the regular practice of the U.S. government where Cuba is concerned. Examples abound of Cuban scientists, professors and performers denied entry to attend conferences to which applicants of every other nationality are freely admitted. For example, in October 1993, the Cuban Minister and Vice Minister of Health were not allowed to enter the U.S. to address the annual conference of the prestigious American Public Health Association. So serious are the violations that the American Association for the Advancement of Science has set up a special division just to monitor what they view as undue interference with scientific interchange.
How can we get these policies changed?
First of all, remember that this is an issue that goes beyond what one thinks of the policies of the Cuban government. It is about preserving our constitutional right to know -- to travel to countries such as Cuba in order to find out for ourselves what the reality is there, to make up our own minds what we think about what we see, and thus be in a knowledgeable and credible position to enter into the debate on U.S. foreign policy. Otherwise we are dependent on the views of government officials and journalists.
Following the passage of the Helms-Burton legislation in 1996, the Executive branch no longer has the authority to unilaterally rescind the travel restrictions. The President does have some ability to interpret the restrictions and there is evidence the Bush Administration is moving in a very reactionary direction relative to the Clinton Administration in this regard. We must convince Congress that a majority of the population wants the travel restrictions lifted. In recent sessions of Congress various Senators and Representatives have attempted to introduce legislation and attach amendments to various bills rescinding all travel restrictions. In the current session, Senator Dorgan (D-ND) held a hearing on the travel issue in which several individuals who had been harassed by the Treasury Department for their Cuba travel spoke eloquently about their right to travel. Legislation will certainly be introduced again this session. Be sure your two senators and your congressional representative will support such legislation, when it comes to a vote in the current session.
How can I get involved with the Freedom to Travel Campaign?
At present, the FTC has no challenge trips planned. However you can travel to Cuba on a Global Exchange Reality Tour or with other organizations that promote educational and people to people exchanges with Cuba, engage in congressional lobbying, help us getpublic and media attention and expand our support base. Contact us for more information on how to play a role in ending the travel restrictions.
Please join us in creating a Cuba policy that respects the rights of U.S. citizens to engage in a much needed dialogue with our island neighbors.