South Africa/Cuba: Status of a complaint lodged with the South African Human Rights Commission (SAHRC) by Cuban physicians sent to work in South Africa under the terms of an agreement between the Cuban and South African authorities; situation of physicians who lodged the complaint
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 17 February 2004 |
| Citation / Document Symbol | ZZZ42386.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, South Africa/Cuba: Status of a complaint lodged with the South African Human Rights Commission (SAHRC) by Cuban physicians sent to work in South Africa under the terms of an agreement between the Cuban and South African authorities; situation of physicians who lodged the complaint , 17 February 2004, ZZZ42386.E, available at: https://www.refworld.org/docid/41501c7b0.html [accessed 29 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
On 10 February 2003, The Witness, a newspaper published in Pietermaritzburg, KwaZulu-Natal, reported that seven Cuban physicians serving in Limpopo under the terms of a bilateral agreement between the Cuban and South African authorities had lodged a complaint before the South African Human Rights Commission (SAHRC) after their employment contracts were terminated by the Limpopo Health Department. The Health Department had dismissed the seven on 7 February 2003 (SABC 7 Feb. 2003), allegedly because they had "opted out of the Cuba/South Africa agreement" (The Witness 10 Feb. 2003). However, the physicians claimed that they were being punished either because they had applied for permanent residence status in South Africa, had requested not to go on compulsory leave to Cuba, or had refused to allow their children to be returned to Cuba when they reached 15 years of age (ibid.).
Three of the seven complainants were identified in media reports as Ricardo Gutiérrez (Sunday Times 16 Feb. 2003; SABC 7 Feb. 2003), Norge Escobar (Sunday Times 16 Feb. 2003) and Jorge Pérez Donato (Mail and Guardian 6 June 2003; The Witness 8 Mar. 2003). No information on the identity of the other individuals could be found among the sources consulted.
No further mention of the complaint lodged with the SAHRC could be found among the sources consulted by the Research Directorate. The SAHRC did not respond to a Research Directorate request for information regarding the status of the complaint.
In addition to their alleged contestation of their dismissal before the SAHRC, the physicians took the matter to the labour court, which ruled that the complainants could be "refused the right to practice only if they had been deregistered by the Health Professions Council [of South Africa, HPCSA]" (Mail and Guardian 6 June 2003). The HPCSA began to consider the physicians' registration status on 4 August 2003, but had failed to make a decision in the case as recently as 13 August 2003 (News24 13 Aug. 2003). No information on whether or not the seven were de-registered by the HPCSA could be found among the sources consulted by the Research Directorate.
On 20 October 2003, The Witness stated that despite the fact that the dismissed physicians had won court victories in Pietermaritzburg, Cape Town and Johannesburg, resulting in judicial orders demanding their reinstatement, the South African government reportedly informed the Cuban embassy in Pretoria that their work permits had been revoked. While a Department of Home Affairs spokesman indicated that the affected physicians would be advised to contact one of the department's regional offices in order to re-apply for a work permit, the physicians declared that they would continue to contest the government's actions through their organization, Democracy for All (The Witness 20 Oct. 2003).
No information subsequent to October 2003 on the situation of the seven Cuban physicians could be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Mail and Guardian [Johannesburg]. 6 June 2003. "Cuban Doctors' Problem Cured." News24 [Cape Town]. 13 August 2003. "Cuban Doctors' Fate Unknown." (CubaNet 15 Aug. 2003) South African Broadcasting Corporation (SABC) [Johannesburg]. 7 February 2003. "Cuban Doctors Face the Axe." (CubaNet 7 Feb. 2003) Sunday Times [Johannesburg]. 16 February 2003. Ilse Fredericks. "Cuban Doctors Told to Toe the Line." The Witness [Pietermaritzburg]. 20 October 2003. Christi Naude. "Cuban Doctors Baffled by Rulings." _____. 8 March 2003. Christi Naude. "Cuban Doctors 'not up to SA's Standards'." _____. 10 February 2003. Christi Naude. "Cuban Doctors Lodge Complaints." Additional Sources Consulted
Internet sites, including:
CubaNet
Mail and Guardian [Johannesburg]
South African Broadcasting Corporation (SABC) [Johannesburg]
South African Human Rights Commission
Sunday Times [Johannesburg]
The Witness [Pietermaritzburg]
