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Each speaker presented evidence either for, but mostly against, granting Elian political asylum; all agreed that his custody battle needed to be separated from the uncompromising and strained relationship that exists between the United States and Cuba. The panel members included a Cuban diplomat, a Cuban graduate student, and two UVA law professors. Throughout the two hour discussion, passionate patriotism emerged from the two Cuban speakers as they discussed their personal opinions. Conversely, the American professors remained somewhat more stoic as they briefly reviewed American family law and human rights policy. It is likely that the audience members left better educated concerning the political circumstances surrounding Elian’s custody dispute and possibly with changed opinions. Johanna Tablada, a Cuban diplomat in Washington, D.C., was the most passionate speaker. "I want him to go back sooner than later, every minute that passes is outrageous," she said at the onset of her talk. Prior to her trip to Charlottesville, she had spoken with Elian’s maternal grandmother, Raquel Rodriguz, and paternal grandmother, Mariela Quintana. Johanna shared the "factual information" she received from their conversations with the small group gathered in Clark Hall, as well as her personal outrage. Elian was found off the Florida Coast, clinging to an inner tube, on Thanksgiving Day. Johanna adamantly argued that following this type of traumatic event he needs to be with his close relatives. Elian’s mother "never even met the people he is now living with!" she said, almost yelling. She added, "I was born and raised in Cuba and I don’t think my life is hell." Her statement was in reference to an earlier comment made by Ivan Pertez. If Elian is returned to Cuba he "will not live in heaven, for sure, but will not live in hell" he said with conviction. Ivan, a Cuban currently studying at the University of Chicago, argued that the typical American perception on life in Cuba is constructed through the eyes of the radical Cuban community in Miami. "I don’t think they give an accurate picture of what happens on the island of Cuba," he said. Mr. Pertez then presented two enlightening what-if situations, presumably in attempt to demonstrate the existence of innate cultural differences between Cuba and America. First, "what if the situation wee reversed?" he asked the audience. If a child were being held in Cuba, would Americans accept him becoming a Cuban citizen? Second, "what if laws of sexual harassment were applied to Cuba…then 11 million people would be arrested," he commented. These examples served to support his opinion that Americans should not impose their standards upon another country, and invariably another culture. Elizabeth Scott, a law professor at the University of Virginia, presented three issues relevant to the American family law prospective. Initially, she discussed the authority of the state. A strong tradition exists for the "hands off policy," she said. This dictates the state should not intervene unless circumstances warrant action, she said. This dictates that the state should not intervene unless circumstances warrant action, such as abuse or neglect. The Supreme Court has ruled that the right to rear children is a basic civil right. Ms. Scott noted that this tradition implies that Elian’s father, Juan Miguel Gonzalez, has the right to decide where his son should live; however, the fact cannot be ignored that American law is being applied to a Cuban family. Professor Scott then addressed the second issue, the custody battle is between Elian’s biological parent and a non-parent, his great uncle. American law typically favors parents in custody disputes. Despite this fact, the final decision depends upon whether or not the parent is fit. "Florida family court ruled that Elian would conceivably be in danger if he went back to Cuba," she stated. She concluded with the question of which court has jurisdiction. In the United States, federal statutes dictate that custody disputes are to be decided by the courts in the child’s home state. Ms. Scott emphasized that Cuba is not a U.S. state and therefore no statutes exist concerning proper jurisdiction. No precedent has been established for a case such as Elian’s. David Martin concluded the panel discussion with a brief overview of immigration and human rights law and policy. A former member of the United States Immigration and Naturalization Service (INS) general counsel, he presented a few issues which have bearing on this case. The technical question remains, "Is this child actually applying for admission to the United States?" he said. "Who speaks for the child?" he added. The INS ruled that the father appropriately speaks for the child, meaning that he has legal standing. Although the INS ordered that Elian should be returned to Cuba, Elian’s relatives living in Miami and many Americans are fighting to grant him political asylum. Professor martin specifically addressed the concern that remains in the minds of many, whether Elian’s father can express his free will in a country where freedom of speech is extremely limited. He acknowledged that human rights situation in Cuba is less than preferable, by American standards. Despite this fact, "I think that he should go back," he said under his breath. Bibliography: Word Count: 881
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