Paragraph 9 of Resolution 60/251 establishes that States must uphold the highest standards in promoting and protecting human rights to be members of the Human Rights Council. In its candidacy, Cuba claimed to be a party to 46 of the 61 international human rights instruments adopted by the global community.
While the Cuban State has ratified 6 of the 9 core international human rights treaties and 2 of the 3 Optional Protocols to the Convention on the Rights of the Child, it lacks the political will and institutional capacity to fully comply with the commitments it has made before the Council, particularly regarding its obligation to respect and protect human rights by the treaties it has ratified.
During the 2009 Universal Periodic Review (UPR), Cuba committed to conducting a study on the need for legislative and administrative adjustments to ensure the practical realization of human rights at the national level. It also pledged to continue adapting and strengthening its legal framework to bring it into line with its international obligations, as recommended by the United Arab Emirates, Trinidad and Tobago, Ghana, Uzbekistan, and Mexico.
In the 2013 cycle, Cuba reiterated its commitment to reviewing and ensuring consistency between national legislation and international human rights instruments and obligations in response to recommendations made by Belarus and China. However, contradictorily, it merely “took note” of France’s recommendation to incorporate the Convention against Torture into its domestic legislation.
The international community should consider these unfulfilled commitments when assessing Cuba’s continued membership in the Human Rights Council. There is no legal provision or institutional procedure in Cuba to examine the compatibility between its domestic legislation and international law, making it impossible for the country, in its role as a Council member, to uphold the highest standards in promoting and protecting human rights.