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III
Calendar No. 357
115TH CONGRESS
2D SESSION
S. RES. 224
Recognizing the 5th anniversary of the death of Oswaldo Payá Sardiñas,
and commemorating his legacy and commitment to democratic values
and principles.
IN THE SENATE OF THE UNITED STATES
JULY 19, 2017
Mr. DURBIN (for himself, Mr. NELSON, Mr. RUBIO, Mr. MENENDEZ, Mr.
CRUZ, Mr. MERKLEY, and Mr. CARDIN) submitted the following resolution; which was referred to the Committee on Foreign Relations
MARCH 21, 2018
Reported by Mr. CORKER, with an amendment and an amendment to the
preamble and an amendment to the title
[Strike out all after the resolving clause and insert the part printed in italic]
[Strike the preamble and insert the part printed in italic]
RESOLUTION
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Recognizing the 5th anniversary of the death of Oswaldo
Payá Sardiñas, and commemorating his legacy and commitment to democratic values and principles.
Whereas Oswaldo Payá Sardiñas was born in Havana, Cuba,
in 1952 and became a nonviolent critic of the communist
government as a teenager, resulting in 3 years of imprisonment in 1969 at a work camp in Cuba, formerly known
as ‘‘Isla de Pinos’’;
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Whereas, in 1987, Oswaldo Payá Sardiñas founded the Christian Liberation Movement that called for peaceful civil
disobedience against the rule of the Communist Party of
Cuba and advocated for civil liberties;
Whereas, in 1992 and 1997, attempts by Oswaldo Payá
Sardiñas to run as a candidate for the National Assembly
of People’s Power were rejected by Cuban authorities;
Whereas, in 1998, Oswaldo Payá Sardiñas and other leaders
of the Christian Liberation Movement established the
Varela Project in order to circulate a legal proposal to
advocate for democratic political reforms within Cuba, including the establishment of freedom of association, freedom of speech, freedom of the press, free elections, freedom to start private businesses, and amnesty for political
prisoners;
Whereas, in 2002, the Varela Project delivered a petition to
the National Assembly of People’s Power with 11,020
signatures from Cuban citizens calling for a referendum
on safeguarding basic freedoms, an end to one-party rule,
and citing Article 88 of the Constitution of Cuba that allows Cuban citizens to propose laws if the proposal is
made by at least 10,000 Cuban citizens who are eligible
to vote;
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Whereas, in 2003, Oswaldo Payá Sardiñas redelivered the petition to the National Assembly of People’s Power with
an additional 14,384 signatures, establishing the biggest
nonviolent campaign to oppose the Communist Party of
Cuba;
Whereas, in March 2003, the crackdown on Cuban dissidents
by the Government of Cuba, referred to as the ‘‘Black
Spring’’, led to the imprisonment of 75 individuals, in•SRES 224 RS
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3
cluding 25 members of the Varela Project and 40 members of the Christian Liberation Movement, and the formation of the Ladies in White movement by the wives of
the imprisoned activists;
Whereas, in 2007, Oswaldo Payá Sardiñas called on the National Assembly of People’s Power to grant amnesty to
nonviolent political prisoners and to allow Cubans to
travel freely without a government permit;
Whereas, in 2009, Oswaldo Payá Sardiñas developed a Call
for the National Dialogue;
Whereas petitions and calls by Oswaldo Payá Sardiñas to the
National Assembly of People’s Power were repeatedly dismissed and disparaged by the Government of Cuba;
Whereas Oswaldo Payá Sardiñas, his family, and friends endured years of harassment and intimidation for the
peaceful political activism of Oswaldo Payá Sardiñas;
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Whereas Oswaldo Payá Sardiñas has been formally recognized in the past for his dedication to the promotion of
human rights and democracy, including by receiving the
Homo Homini Award in 1999, the Sakharov Prize for
Freedom of Thought in 2002, the W. Averell Harriman
Democracy Award from the United States National
Democratic Institute for International Affairs in 2003,
and being nominated for the Nobel Peace Prize by Václav
Havel, the former President of the Czech Republic, in
2005;
Whereas, on July 22, 2012, Oswaldo Payá Sardiñas and
Harold Cepero, a fellow pro-democracy activist, died in a
troubling car crash in Granma Province, Cuba, after
being followed by government agents;
•SRES 224 RS
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Whereas the Government of Cuba has failed to conduct a
credible investigation into the car crash that led to the
death of Oswaldo Payá Sardiñas;
Whereas the trial and conviction of Ángel Carromero, a youth
leader of the People’s Party who was visiting Cuba and
driving the car at the time of the crash, did not include
testimony from key witnesses, and did not resolve questions about whether another car was involved or whether
Mr. Carromero was coerced by the Government of Cuba
into signing a false statement of guilt;
Whereas, in 2012, the United States Senate unanimously
passed Senate Resolution 525, 112th Congress, agreed to
July 24, 2012, honoring the life and legacy of Oswaldo
Payá Sardiñas;
Whereas, in 2013, a number of United States Senators and
the United States Department of State called for an impartial, third-party investigation by the Inter-American
Commission on Human Rights of the Organization of
American States into the circumstances surrounding the
death of Oswaldo Payá Sardiñas;
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Whereas, in 2013, Ángel Carromero spoke in detail during an
interview with the Washington Post about being hit by
another car during the crash, being mistreated and coerced by Cuban authorities following the crash, and being
made the ‘‘scapegoat’’ by the Government of Cuba for
the death of Oswaldo Payá Sardiñas;
Whereas the dissidents of the ‘‘Black Spring’’ have been released from prison, but many political prisoners remain
imprisoned in Cuba despite trials that failed to meet
international due process standards; and
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Whereas the 2016 Human Rights Report on Cuba by the
United States Department of State cited ongoing human
rights abuses by the Government of Cuba, namely ‘‘the
abridgement of the ability of citizens to choose their government; the use of government threats, physical assault,
intimidation, and violent government-organized counter
protests against peaceful dissent; and harassment and detentions to prevent free expression and peaceful assembly.’’: Now, therefore, be it
Whereas Oswaldo Payá Sardiñas was born in Havana, Cuba,
in 1952 and became a nonviolent critic of the communist
government as a teenager, resulting in 3 years of imprisonment in 1969 at a work camp in Cuba, formerly known
as ‘‘Isla de Pinos’’;
Whereas, in 1988, Oswaldo Payá Sardiñas founded the Christian Liberation Movement that called for peaceful civil
disobedience against the rule of the Communist Party of
Cuba and advocated for civil liberties;
Whereas, in 1992 and 1997, attempts by Oswaldo Payá
Sardiñas to run as a candidate for the National Assembly
of People’s Power were rejected by Cuban authorities;
amozie on DSK30RV082PROD with BILLS
Whereas, in 1998, Oswaldo Payá Sardiñas and other leaders
of the Christian Liberation Movement established the
Varela Project in order to circulate a legal proposal to advocate for democratic political reforms within Cuba, including the establishment of freedom of association, freedom of speech, freedom of the press, free elections, freedom
to start private businesses, and amnesty for political prisoners;
Whereas, in 2002, the Varela Project delivered a petition to the
National Assembly of People’s Power with 11,020 signa•SRES 224 RS
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6
tures from Cuban citizens calling for a referendum on safeguarding basic freedoms, an end to one-party rule, and
citing Article 88 of the Constitution of Cuba that allows
Cuban citizens to propose laws if the proposal is made by
at least 10,000 Cuban citizens who are eligible to vote;
Whereas, in 2003, Oswaldo Payá Sardiñas redelivered the petition to the National Assembly of People’s Power with an
additional 14,000 signatures, establishing the biggest nonviolent campaign to oppose the Communist Party of Cuba;
Whereas, in March 2003, the crackdown on Cuban dissidents
by the Government of Cuba, referred to as the ‘‘Black
Spring’’, led to the imprisonment of 75 individuals, including 25 members of the Varela Project and 40 members
of the Christian Liberation Movement, and the formation
of the Ladies in White movement by the wives of the imprisoned activists;
Whereas, in 2007, Oswaldo Payá Sardiñas called on the National Assembly of People’s Power to grant amnesty to
nonviolent political prisoners and to allow Cubans to travel freely without a government permit;
Whereas, in 2009, Oswaldo Payá Sardiñas developed a Call for
the National Dialogue;
Whereas petitions and calls by Oswaldo Payá Sardiñas to the
National Assembly of People’s Power were repeatedly dismissed and disparaged by the Government of Cuba;
amozie on DSK30RV082PROD with BILLS
Whereas Oswaldo Payá Sardiñas, his family, and friends endured years of harassment and intimidation for the peaceful political activism of Oswaldo Payá Sardiñas;
Whereas Oswaldo Payá Sardiñas has been formally recognized
in the past for his dedication to the promotion of human
rights and democracy, including by receiving the Homo
•SRES 224 RS
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7
Homini Award in 1999, the Sakharov Prize for Freedom
of Thought in 2002, the W. Averell Harriman Democracy
Award from the United States National Democratic Institute for International Affairs in 2003, and being nominated for the Nobel Peace Prize by Válclav Havel, the
former President of the Czech Republic, in 2005;
Whereas, on July 22, 2012, Oswaldo Payá Sardiñas and Harold Cepero, a fellow pro-democracy activist, died in a troubling car crash in Granma Province, Cuba, after being followed by government agents;
Whereas the Government of Cuba has failed to conduct a credible investigation into the car crash that led to the death
of Oswaldo Payá Sardiñas;
Whereas the trial and conviction of Angel Carromero, a youth
leader of the People’s Party who was visiting Cuba and
driving the car at the time of the crash, did not include
testimony from key witnesses, and did not resolve questions
about whether another car was involved or whether Mr.
Carromero was coerced by the Government of Cuba into
signing a false statement of guilt;
amozie on DSK30RV082PROD with BILLS
Whereas, in 2012, the United States Senate unanimously
passed Senate Resolution 525, 112th Congress, agreed to
July 31, 2012, honoring the life and legacy of Oswaldo
Payá Sardiñas;
Whereas, in 2013, a number of United States Senators and the
United States Department of State called for an impartial, third-party investigation by the Inter-American Commission on Human Rights of the Organization of American States into the circumstances surrounding the death
of Oswaldo Payá Sardiñas;
•SRES 224 RS
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8
Whereas, in 2013, Angel Carromero spoke in detail during an
interview with the Washington Post about being hit by another car during the crash, being mistreated and coerced
by Cuban authorities following the crash, and being made
the ‘‘scapegoat’’ by the Government of Cuba for the death
of Oswaldo Payá Sardiñas;
Whereas the dissidents of the ‘‘Black Spring’’ have been released from prison, but the Government of Cuba continues
to suppress, assault, and detain those peacefully expressing
political beliefs contrary to or critical of the regime; and
Whereas the 2016 Human Rights Report on Cuba by the
United States Department of State cited ongoing human
rights abuses by the Government of Cuba, namely ‘‘the
abridgement of the ability of citizens to choose their government; the use of government threats, physical assault,
intimidation, and violent government-organized counter
protests against peaceful dissent; and harassment and detentions to prevent free expression and peaceful assembly.’’:
Now, therefore, be it
1
Resolved, That the Senate—
2
(1) recognizes and commemorates the legacy of
3
Oswaldo Payá Sardiñas on the 5th anniversary of
4
his death on July 22, 2017;
5
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6
(2) honors the commitment of Oswaldo Payá
Sardiñas to democratic values and principles;
7
(3) calls on the Government of Cuba to allow
8
an impartial, third-party investigation into the cir-
9
cumstances surrounding the death of Oswaldo Payá
10
Sardiñas;
•SRES 224 RS
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1
(4) urges the United States to continue to sup-
2
port policies and programs that promote respect for
3
human rights and democratic principles in Cuba in
4
a manner that is consistent with the aspirations of
5
the Cuban people;
6
(5) urges the Inter-American Commission on
7
Human Rights of the Organization of American
8
States to continue reporting on human rights issues
9
in Cuba, and to request a visit to Cuba in order to
10
investigate the circumstances surrounding the death
11
of Oswaldo Payá Sardiñas; and
12
(6) calls on the Government of Cuba to cease
13
violating human rights and to begin providing demo-
14
cratic political freedoms to Cuban citizens, including
15
freedom of association, freedom of speech, freedom
16
of the press, free elections, freedom to start private
17
businesses, and amnesty for political prisoners.
18 That the Senate—
19
(1) recognizes and commemorates the legacy of
20
Oswaldo Payá Sardiñas on the 6th anniversary of his
21
death on July 22, 2018;
22
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23
(2) honors the commitment of Oswaldo Payá
Sardiñas to democratic values and principles;
24
(3) calls on the Government of Cuba to allow an
25
impartial, third-party investigation into the cir-
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1
cumstances surrounding the death of Oswaldo Payá
2
Sardiñas;
3
(4) urges the United States to continue to sup-
4
port policies and programs that promote respect for
5
human rights and democratic principles in Cuba in
6
a manner that is consistent with the aspirations of
7
the Cuban people;
8
(5) urges the Inter-American Commission on
9
Human Rights of the Organization of American
10
States to continue reporting on human rights issues
11
in Cuba, and to request a visit to Cuba in order to
12
investigate the circumstances surrounding the death of
13
Oswaldo Payá Sardiñas; and
14
(6) calls on the Government of Cuba to cease vio-
15
lating human rights and to begin providing demo-
16
cratic political freedoms to Cuban citizens, including
17
freedom of association, freedom of speech, freedom of
18
the press, free elections, freedom to start private busi-
19
nesses, and amnesty for political prisoners.
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Amend the title so as to read: ‘‘A resolution recognizing the 6th anniversary of the death of Oswaldo Payá
Sardiñas, and commemorating his legacy and commitment to democratic values and principles.’’.
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SR224
Calendar No. 357
S. RES. 224
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115TH CONGRESS
2D SESSION
RESOLUTION
Recognizing the 5th anniversary of the death of
Oswaldo Payá Sardiñas, and commemorating his
legacy and commitment to democratic values and
principles.
MARCH 21, 2018
Reported with an amendment and an amendment to the
preamble and an amendment to the title
SR224
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Fuente: Carta
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