U.S.-Cuba Relations: Tensions Over Drug Policy and Political Discourse

Cubalex, a legal information center based in Miami, submitted an analysis to Alena Douhan, the UN special rapporteur on the negative impacts of unilateral coercive measures, on November 7, 2023. The analysis argues that the main obstacles to the exercise of economic and social rights in Cuba stem from internal state decisions, despite the effects of the U.S. embargo.

The report suggests that the embargo is not a monolithic system of absolute prohibitions but rather one with specific exceptions and margins for commercial and humanitarian interactions. It highlights that while U.S. sanctions reinforce Havana's financial isolation and limit its access to international payment systems, humanitarian exceptions exist, as do ongoing trade flows between the U.S. and Cuba over the past decade.

Cubalex noted that the U.S. regulations allow for the export of information technology and equipment to improve connectivity, yet the Cuban government maintains strict control over telecommunications, preferring Chinese suppliers like Huawei and ZTE.

The organization emphasized that the Cuban government often uses the narrative of a comprehensive blockade to deflect blame for shortages of essential goods, despite the existence of alternatives for imports.

According to Cubalex, even if the U.S. were to lift the embargo, Cuba's internal crisis would not be resolved automatically, as the structural causes of social and economic precariousness originate from state policies.

They indicated that significant internal restrictions, such as revocable licenses and state banking controls, are dictated not by the embargo but by Cuba's internal control model. The report also recommends that Douhan employs a method of investigation based on direct observation and document review during her official visit to Cuba from November 11 to 21, 2023, to assess the sanctions' impact on human rights.

Douhan is expected to present her conclusions and recommendations in a report to the 63rd session of the Human Rights Council in September 2026.