[ Human Trafficking, Country-by-Country ]

CUBA (Tier 3) – Extracted in part from the U.S. State Dept 2023 TIP Report

The Government of Cuba does not fully meet the minimum standards for the elimination of trafficking and, even considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity, is not making significant efforts to do so; therefore Cuba remained on Tier 3.  Despite the lack of significant efforts, the government took some steps to address trafficking, including amending the penal code to include the criminalization of labor trafficking, and the requirement of force, fraud, and coercion as essential elements of an adult trafficking offense.  However, during the reporting period, there was a government policy or pattern to profit from labor export programs with strong indications of forced labor, particularly in the foreign medical missions’ program.  The government continued to deploy Cuban workers to foreign countries using deceptive and coercive tactics.  It failed to address trafficking crimes despite an increasing number of allegations from credible NGOs, former participants, and foreign governments of Cuban officials’ involvement in abuses.  The government did not consistently inform participants of the terms of their contracts, which varied from country to country; it confiscated their passports and professional credentials; and kept a significant amount of workers’ wages.  The government used its legal framework to threaten, coerce, and punish workers and their family members if participants left the program.

Prioritized Recommendations

Ensure government-sponsored labor export programs comply with international labor standards or end them—specifically ensure participants receive fair wages that are fully paid into bank accounts the workers can control; retain passports, contracts, and academic credentials in their possession; ensure a work environment safe from violence, harassment, and intrusive surveillance; and have freedom of movement to leave the program or refuse an assignment without penalties, such as being threatened, imprisoned, harmed, or banned from returning to Cuba.  

Cease the use of Article 176.1 to penalize government-affiliated workers who leave the labor export program.  

Vigorously investigate and prosecute sex and labor trafficking crimes, and convict traffickers.  

Implement formal policies and procedures to identify trafficking victims proactively, including among vulnerable populations, and refer those identified to appropriate services, and train officials, including first responders, in their use.  

Adopt policies and programs that provide trafficking-specific, specialized assistance for male, female, and LGBTQI+ trafficking victims.  

Cease the recruitment of children for military activities before the mandatory military service age.  

Screen individuals charged or detained for commercial sex-related crimes for trafficking indicators and refer identified victims to care.  

Allow an independent international commission to monitor the government-sponsored labor export program.  

Train those enforcing the labor code to screen for trafficking indicators and educate all Cuban workers about trafficking indicators and how to report trafficking-related violations.  

Revise Article 363.1 of the penal code to remove the requirement to prove force, fraud, or coercion in child sex trafficking offenses.  

Establish a permanent inter-ministerial anti-trafficking committee.  

Create a new NAP in partnership with international organizations.  

Provide specialized training on trafficking indicators for hotline staff and interpretation for non-Spanish speakers.