The suit, which seeks $1.35 billion in compensatory damages, also
claims the companies indirectly contracted Cuban workers who are paid
extremely low wages by the government. The government keeps the bulk of
the payments that the companies pay for labor, the suit said.
Attorneys Eduardo Navarro and Leonardo Viota-Sesin filed the suit on
behalf of the Cuban Committee for Human Rights and the Independent
Federation of Electric, Gas and Water Plants of Cuba. Both groups, the
suit says, maintain offices in Havana and Miami.
``If transnational corporations want to reap the fruits of engaging in
international commerce, they must be prepared to respect those fundamental
human rights in Cuba and in any other country that is equally susceptible
to similar abuse,'' Navarro said.
The suit was filed in Miami-Dade circuit court and was assigned to
Judge Steve Levine. Attorneys familiar with international law -- who are
not involved in the case -- raised questions Thursday about how successful
such a lawsuit could be, given the circumstances. Some expressed
skepticism, wondering if publicity is the suit's real purpose, while
others applauded the idea.
Miami lawyer Kendall Coffey, a former U.S. Attorney for South Florida,
said the lawsuit is part of a trend relying on U.S. courts to address
abusive and illegal conduct in Cuba.
``The suit clearly addresses an important civil rights concern, and
will carry its message to the boardrooms of dozens of companies that may
have a connection to this serious problem,'' Coffey said. ``As a vehicle
for delivering an important message about civil rights abuses, the suit
has symbolic value.''
``As a lawsuit, it sails in uncharted waters and faces significant
procedural and substantive obstacles,'' Coffey said. Among them, he said:
The class-action suit was filed in a Florida state court on behalf of
residents of a foreign country and involves foreign as well as
international laws.
``Frankly, I think it's a very good lawsuit,'' said Rafael
Sanchez-Aballi, an international corporate lawyer and commercial litigator
in Miami. Sanchez-Aballi praised the political impact the litigation would
have, saying it would inform ``the public of the fact that the Cuban
government systematically violates all international legal norms with
respect to labor and employment as well as its own Cuban code.''
``All those companies should be sued in their own respective cities,''
he added.
Although the suit also names the Cuban government as a defendant,
lawyers said Thursday they plan to drop it, since they believe the
government itself is immune from such a lawsuit.
The suit specifically names 40 companies, among them U.S. corporations
like NationsBank, BancAmerica, American Express Travel Related Services,
Cuba Amor and ABC Charters. The latter two are Florida corporations.
According to Navarro, NationsBank and BancAmerica have a majority
interest in an international company, Leisure Canada, which in turn has
interests in a French corporation named Meridien Gestion. The French firm
is currently building a $400 million hotel in Cuba. George Owens,
spokesman for NationsBank in Jacksonville, was out of town Thursday and
could not be reached for comment.
Vivian Mannerud, owner of ABC Charters, also was out of town. A woman
who answered the phone said she had not heard about the suit and had no
information.
The suit claims that the international companies pay Acorec, a firm
owned by the Cuban government, approximately $450 a month per worker, yet
Acorec in turn pays the workers only $5 a month. The multinational
companies also help maintain a tourist industry within Cuba that
discriminates against its residents because they are denied access to
hotels, beaches and restaurants. It says the practice is a violation of
Cuba's Socialist Constitution of 1976, the International Declaration of
Human Rights and the United Nations' Convention on Economic, Social and
Cultural Rights of 1966. The latter two are international treaties that
the government of Fidel Castro has allegedly signed.
In addition, the suit says the companies are involved in a system of
indirect labor contracting that violates the Cuban Socialist Constitution
of 1976 and ``numerous'' international labor conventions.
The plaintiffs say they represent Cubans currently living on the island
and exiles in Miami. The Cuban Committee for Human Rights -- formed in
1976 by dissident Ricardo Bofill, who now lives in Miami -- maintains its
headquarters in Havana and is led by Gustavo Arcos Bergnes, the only Cuban
national actually named in the suit.
The Independent Federation is a labor union that existed in the island
under Cuban law through 1959 and continues to maintain offices in Havana,
the suit says. It's an association of labor organizations and activists
representing workers, the suit says.
It's likely that attorneys for the companies will ask the judge to
dismiss the case. Judge Levine will have to decide whether the case has
any legal underpinnings to stand on, said Miami lawyer Ira Leesfield, who
is not involved in the case.
``The legal system is set up to constantly expand theories of action,''
said Leesfield, recently appointed to the Presidential Advisory Commission
on Holocaust Assets, which is involved in the effort to get money for the
families of Holocaust victims whose assets may have been improperly kept
by Swiss banks.
If the exile lawsuit ``gets past the first legal hurdle, whether the
stated cause of action is sustainable, then we'll see what happens.''Exile lawsuit: Foreign firms discriminate against Cubans
e-mail: aacle@herald.com