Full Text | ‘Untenable’…Jamaica says Cuban medical programme ended over labour, legal concerns

The Government has moved to shed more light on the reasons it discontinued the Cuba–Jamaica medical programme, saying it wanted an arrangement that was in keeping with local and international law.

In a statement, the Ministry of Foreign Affairs said chief among the Government’s concerns was that Cuban medical professionals were not in possession of their own passports and that, outside of overtime payments, their salaries were not paid directly to them, but instead to the Cuban authorities by Jamaica, which was paid in US dollars.

The Ministry said, “That arrangement raised serious concerns under Jamaican labour and tax laws, as well as under international labour conventions,” and it therefore sought to have the arrangement restructured to ensure compliance with Jamaican law and international conventions, which it said require that workers be paid directly and have control of their travel documents.

According to the Ministry, the Cuban authorities failed to respond to Jamaica's concerns, noting that the Cuba adjusted its programme with other Caribbean countries.

“Unfortunately, the continued lack of response had the practical effect of preserving an arrangement that Jamaica could not justify. Given our legal obligations, our duty to ensure fairness to workers in Jamaica, and the need for compliance with our own laws and international conventions, the Government ultimately concluded that continuation on the existing terms was untenable.”

Full Statement

Jamaica has always valued the contribution of the Cuban medical professionals who have served our people with dedication, skill and compassion. Cuban nurses, doctors and technicians from the neighbouring island are treated by the Government of Jamaica with respect, care and appreciation.

It is widely known that the United States government has publicly raised concerns about the operation of the medical programme globally, including a denial of access to travel documents, restricted freedom of movement and salary payment matters. The Government considered it necessary to review the existing arrangements to ensure compliance with domestic and international legal obligations. Other countries in the region have done the same.

Following the review, it was confirmed that were no issues with treatment on the job, accommodation, leave entitlements or freedom of movement in Jamaica. It however revealed two issues which required immediate attention.

Among the concerns identified was the fact that Cuban personnel were not in possession of their own passports. Once that was brought to the Government’s attention, immediate steps were taken to correct it. The issue was raised with Passport, Immigration and Citizenship Agency as well as the Cuban authorities locally to ensure that all personnel were allowed to hold their passports.

More fundamentally, the Government also discovered that salary payments for Cuban medical personnel, while calculated at the same level as their Jamaican counterparts, were being made by Jamaica to the Cuban authorities in US dollars. The only payments made directly by the Government of Jamaica to the personnel themselves were overtime payments. Even more concerning, there was no contractual provision specifying what share of those salary payments was to be paid to the workers. That arrangement raised serious concerns under Jamaican labour and tax laws as well as under international labour conventions.

The Government chose the path of respectful engagement and quiet diplomacy.

Beginning in July of last year, Jamaica commenced formal discussions with the Cuban authorities aimed at restructuring the arrangement to ensure compliance with Jamaican law and international conventions, which require that workers be paid directly and have control of their travel documents.

Following Cabinet discussions, a formal proposal was made in October and this was followed up by a further formal communication in December. These efforts were reinforced by direct enquiries to both former and current Cuban Ambassadors, as well as informal engagements at the Ministerial level.

For absolute clarity, the Government of Jamaica proposed continuation of the programme with adjustments. It remains disappointed that despite these repeated efforts, no substantive response was ever received whether verbally or in writing from Cuba.

At the same time, Jamaica became aware that other Caribbean countries had arrangements under which Cuban medical personnel were paid directly. That made it even clearer that a lawful and transparent alternative was possible.

Unfortunately, the continued lack of response had the practical effect of preserving an arrangement that Jamaica could not justify. Given our legal obligations, our duty to ensure fairness to workers in Jamaica, and the need for compliance with our own laws and international conventions, the Government ultimately concluded that continuation on the existing terms was untenable.

Jamaica’s position is therefore clear: we value the contribution of Cuban medical personnel, we respect the Cuban people, and we remain committed to cooperation. However, no programme operating in Jamaica can continue on terms that are inconsistent with Jamaican law and international conventions.

The Government of Jamaica is disappointed that the Cuban government has chosen to withdraw their medical personnel when all that is required is for them to agree to terms which they have already accepted with other Caribbean countries.

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