Tag Archives: Freedom of Assembly

CUBA APPROVES LAWS GRANTING GREATER RIGHTS AS CRITICISM OF on PROTESTERS’ ARRESTS HEATS UP

Reuters,  28, 2021 – 22:18 October 28, 2021 – 22:18

Original Article: CUBA APPROVES LAWS GRANTING GREATER RIGHTS

By Marc Frank

HAVANA (Reuters) – Cuba’s National Assembly on Thursday approved a raft of laws broadening citizens’ legal rights even as the Communist-run country comes under fire at home and abroad for a crackdown on protests earlier this year.

The changes stem from the 2019 constitution, which required reforms to modernize Cuba’s judicial and penal codes. But they address legal voids identified by activists, who allege authorities flaunted due process following unprecedented protests https://www.reuters.com/world/americas/street-protests-break-out-cuba-2021-07-11 on the island in July.

Cuban lawmakers and judges said the new laws increase protection for those accused of a crime and should improve transparency. They require, for example, defendants be notified of potential charges against them, and that those detained be granted the right to an attorney within 24 hours. Citizens will also be allowed access to their own court files and documents, according to the new law.

Eloy Viera, a Cuban lawyer and legal analyst who lives in Canada, said the laws were a major step forward in enshrining a citizen’s right to defend him or herself in a court of law. “This law offers more guarantees and adheres much more to international standards than the regulations currently in force,” Viera said.

But how those laws are implemented will determine whether or not Cubans see significant changes in their legal rights, said William LeoGrande, a professor of government at American University in Washington.

“The laws… still give officials considerable discretion and only time will tell how they use it, especially in political cases,” he said.

Dissidents and human rights organizations say more than 1,000 demonstrators were arrested after the July protests, the largest anti-government rallies since Fidel Castro’s 1959 revolution. Some prisoners were held without charge, incommunicado and without representation, rights groups say.

The Cuban government says those arrested in July were guilty of crimes including public disorder, resisting arrest and vandalism. It has declared opposition marches planned for Nov. 15 as illegal, saying they are funded and promoted by the United States.

The laws passed Thursday are set to take effect in 2022. Legal analyst Viera said it was unlikely they would be retroactive.

“I do not believe that this new legislation will have a definitive influence on the processes already initiated today, and politically motivated, by the July 11 protesters,” he said.

Some legal experts said any advances in the penal code would be overshadowed by the one-party system of government.

“Supreme court justices can still be dismissed easily. No court may declare unconstitutional a National Assembly act,” said retired Cuban-American scholar Jorge Dominguez. “There is no independent entity to protect constitutional rights.”

The reforms nonetheless eliminate a long-critiqued law that allowed authorities to jail someone they said was potentially dangerous, a maneuver critics say was often used against dissidents. They also include a prohibition on unlawful detention.

Independent journalist Yoani Sanchez said that was not enough. “Repressive laws are still in force that are arbitrarily applied frequently against opponents, activists and independent journalists, such as home confinement and the prohibition of leaving the country,” she wrote.

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1968: A DECISIVE TURNING POINT IN THE CUBAN REVOLUTION

JACOBIN MAGAZINE, May 1, 2018

BY SAMUEL FARBER

Original Article: Cuba in 1968

In 1960, less than two years after having overthrown the Batista dictatorship, the Cuban Revolution was well on its way to implementing the Soviet model. Most people at that time still supported the revolution. Notwithstanding the recurring shortages of consumer goods and the housing crisis, most Cubans had benefited from the newly established welfare state, which insured an austere but secure standard of living.

Buoyed by that support and by the people’s enthusiastic response to its resistance to US imperialism, the Cuban leadership pursued its foreign-policy objectives with a revolutionary elan absent in the more cautious and conservative Soviet bloc.

Cuba displayed its anti-imperialism with particular vigor in Latin America, where it supported — and often organized — guerrilla groups set on overthrowing dictatorial governments. Fidel Castro’s government devoted extra attention to countries that had severed their ties with Cuba following Washington’s directives. That is, Castro’s militant foreign policy was based not only on its revolutionary ideas also but on the Cuban state’s interests.

This helps explain why Castro maintained friendly relations with corrupt and authoritarian Mexico, the only Latin American country that refused to break diplomatic relations with revolutionary Cuba. In fact, Castro’s government abstained from criticizing Mexico’s crimes, including the October 1968 Tlatelolco massacre.

Granma, the official organ of the Cuban Communist Party, adopted a purely “objective” journalistic posture when covering Tlatelolco, allowing it to avoid any critical analysis of the political actors behind the massacre. While the Mexican left was denouncing the murder of hundreds of demonstrators, Granma uncritically reported the “provisional” figures provided by the “official sources”: just thirty dead, fifty-three seriously injured, and fifteen hundred arrested.

Reasons of state also explain why, after a rough start, Fidel established friendly relations with Franco’s dictatorship and why the Cuban revolutionary hierarchy, from its official unions and student organizations all the way to the top, did not support the French May ‘68 movement. Not only did French President de Gaulle refuse to toe the US line against Cuba, but he had also agreed to continue trade, which had became of crucial importance to the island following the American blockade. As with Tlatelolco in Mexico, Granma limited itself to “objectively” reporting the events of May ‘68. It strictly avoided making any political inferences or conclusions.

Despite these contradictions, Castro’s early foreign policy was governed by a set of revolutionary ideas that aimed to establish systems similar to Cuba’s across Latin America. His government supported and organized foco groups on the top-down Cuban model, which produced acrimonious conflicts with the gradualist and pro-Moscow Communist parties in countries like Venezuela and Bolivia. It also caused friction with the Soviet Union itself because Castro’s militancy jeopardized the long-standing agreement between the USSR and the United States, which held that the two imperialist powers and their partners would not intervene in each other’s spheres of influence.

This tension came to a head in 1967, when Moscow began to significantly reduce its oil shipments to Cuba in hopes of pressuring the island into moderating its aggressive foreign policy. But Castro wasn’t swayed. He responded by denouncing the USSR’s friendly overtures to Venezuela and Colombia despite their anti-communist repression. He then refused to send a top Cuban political figure to the celebration of the fiftieth anniversary of the Russian Revolution in November 1967. And, at the celebration of the ninth anniversary of the Cuban Revolution in January 1968, he expressly, albeit diplomatically, connected Cuba’s tightened oil rations to the slowdown of Soviet delivery. The USSR then suspended its supply of military hardware and technical assistance.

When conflict simmered between a reform-minded Communist government in Czechoslovakia and Moscow, many wondered what the Cuban response would be. For months, Granma published very little about Czechoslovakia, entirely ignoring the reformist Prague Spring and its impact on the international left. This changed, however, in mid-July, when the paper began covering the growing confrontation between Czechoslovakia and the USSR in depth.

Most likely, Castro recognized that the key dynamics of the Czech events had shifted. Originally, protesters were calling for internal reform and democratization, which Castro would not want to have publicized on the island. (Likewise, Granmadid not cover the student movements in Poland and Yugoslavia that had taken place in March and June of that year.) But by July it had become clear that a confrontation between Czechoslovakia and the USSR was coming, one that would bring the issue of national sovereignty to the fore. US imperialist aggression made this question particularly important to Castro, and the conflict brewing between Cuba and the USSR only made the issue more urgent.

Granma focused on the external USSR-Czechoslovakia conflict, excluding the internal dimension, and wrote in some detail about other Communist parties’ reactions to the developing confrontation, regardless of which side they supported. It was clear that the newspaper — and by inference Fidel Castro, his government, and the Cuban Communist Party — would not take sides. In fact, it was going out of its way to give equal space to both parties.

But this all changed when Fidel, without having said a word about the conflict, came out in support of the Soviet invasion in August. Granma immediately adopted the Soviet line and started publishing statements from Cuban mass organizations praising Fidel’s support of the invasion.Other steps, designed to appease the Soviets and incur favors, followed. Cuba cut back on its support to Latin American guerrillas, and, in the 1970s, it carried out a rapprochement with the pro-Moscow Communist parties in the region by acknowledging that armed struggle represented only one path for revolutionary struggle. In response, these parties recognized Cuba’s vanguard role in the hemisphere’s anti-imperialist struggle.

This was the beginning of what former Soviet diplomat Yuri Pavlov called the “belated honeymoon” between the USSR and Cuba, which lasted well into the 1980s. In June 1969, the Cuban representative at the International Conference of Communist Parties in Moscow joined the pro-Soviet majority in denouncing China’s “sectarian” position. In return, the Soviet Union sent a flotilla of warships to visit Cuba. An exchange of military delegations soon followed. Marshal Andrei Grechko, the Soviet defense minister, went to Havana in November 1969, and Raúl Castro, Cuba’s defense minister, traveled to Moscow in April and October 1970. The flow of Soviet arms resumed and then increased, and Fidel Castro approved the construction of a deep-water base for Soviet submarines at Cienfuegos.

Mutual state visits came soon after, and Cuba joined the Soviet-led Council for Mutual Economic Assistance (CMEA) in 1972. In that period, Cuba turned to Africa as the main focus of its revolutionary foreign policy. There, unlike in Latin America, it shared Moscow’s strategic interests.

While appeasing Moscow, Castro nevertheless preserved his right to disagree with some Soviet policies, making Cuba a junior partner, rather than a satellite, of the USSR. In fact, Castro had staked out this position from the beginning. In his speech supporting the invasion of Czechoslovakia, he not only criticized Alexander Dubcek’s “liberalism” but also the USSR’s policy of peaceful coexistence with the United States. The Cuban leader sarcastically wondered if the Soviets would dispatch Warsaw Pact troops to help defend Cuba from an attack by the imperialist Yankees.

Full Nationalization

That same year, Castro initiated what he called the Revolutionary Offensive, a project aimed at totally nationalizing the island’s economy. The state had already taken over large and middle-sized businesses in 1960, but family-owned operations remained in private hands.

Within sixteen days of the announcement, the official press reported that 55,636 small businesses had been nationalized, including bodegas, barber shops, and thousands of timbiriches (“hole-in-the-wall” establishments). The Revolutionary Offensive gave Cuba the world’s highest proportion of nationalized property.

According to Cuban economist Carmelo Mesa-Lago, some 31 percent of these small businesses were retail food outlets, and another 26 percent provided consumer services, like shoe and auto repair. Restaurant and snack shops represented another 21 percent; 17 percent sold clothing and shoes. The rest (5 percent) were small handicraft establishments that manufactured leather, wood products, and textiles. Half of these small businesses were exclusively owner- and family-operated and had no employees.

Shortly after nationalization, the state closed one-third of the small enterprises. The only private activity left in Cuba was small-farm agriculture, where 150,000 farmers owned 30 percent of the land in holdings of less than 165 acres each.

One of the Revolutionary Offensive’s goals was to shut down the many thousand bars in Cuba, both private- and state-owned. The regime wanted them closed not because of opposition to alcohol but because it believed the bars fostered a prerevolutionary social ambiance, antithetic to the Castro government’s militaristic, ascetic, anti-urban campaigns to forge the “New Man.”

These campaigns began in 1963, when Castro attacked homosexuality and cultural nonconformity.. Hoping to emphasize the state’s centrality to citizens’ lives, he also went after religious dissenters, including Jehovah’s Witnesses, Catholics, and followers of the secret Afro-Cuban Abakuá society. Members of these groups were imprisoned in the Units of Military Aid to Production (UMAP), forced labor camps established in 1965 and disbanded in 1968.

The Revolutionary Offensive’s nationalization of all small businesses was also intended to provide the state with complete control over agricultural output. Many of the expropriated merchants bought farm products at high prices, reducing the amount available for the state.

In addition, it granted the state more power over the labor force. Absenteeism and job abandonment, generated by the lack of consumer goods, had become a major problem. To combat it, the Cuban leadership drafted a law against vagrancy, which it enacted on March 28, 1971. The legislation ordered all adult men to put in a full day’s work and established a variety of punishments ranging from house arrest to internment in forced labor rehabilitation centers. Information regarding its enforcement is unknown.

The Revolutionary Offensive exemplifies Castro’s super-voluntarist, “idealist” approach to socialization. The policy equated private property in general with capitalist private property in particular, a misreading of Friedrich Engels’sSocialism: Utopian and Scientific.

There, Engels distinguished modern capitalism, in which individual capitalists appropriate the products of social and collective activity, from socialism, where both production and its appropriation are socialized. Accordingly, productive property involving collective work is the proper object of socialization, not the individual or family productive unit, let alone personal property.

Besides this confusion, the Cuban government was in no position to take over the distribution of goods and services from small businesses — the nationalization program reinforced, instead of ameliorated, the shortage of consumer goods.

The Ten Million Ton Sugar Crop campaign, planned for January 1969 to July 1970, is another example of Castro’s voluntarist orientation. This extravagant effort never achieved its goal. Instead, it diverted scarce production and transportation inputs, causing serious disruptions to the island’s economy.

As historian Lillian Guerra pointed out, the campaign represented far more than an exercise in voluntarism or “idealism.” It aimed not only “to revive the ‘júbilo popular’ (mass euphoria) of the early sixties and thereby restore the unconditional standards of support for government policies” but, more importantly, “to prove the value of labor discipline and enforce it simultaneously.”

Likewise, as Mesa-Lago pointed out, Castro used the Revolutionary Offensive to mobilize as much of the labor force as possible for production, particularly in agriculture, in order to reinforce labor discipline, save inputs, and exhort workers to increase productivity and do unpaid work. In April 1968, the official union confederation recruited a quarter of a million workers to perform farm labor without pay for twelve hours per day over three to four weeks. Some 2.5 million days were “donated” by workers who spent fourteen weeks on coffee plantations.

These campaigns were all launched in response to that decade’s economic crisis, one that became qualitatively worse with the criminal economic blockade established by the United States in the early sixties. But the bureaucratic and chaotic top-down administration of the economy generated that crisis.

As Andrés Vilariño, a Cuban government economist pointed out, investment inefficiency was one of the principal causes of declining economic productivity in the sixties. For example, expensive imported machinery sat in warehouses and ports for so long, most of it rusted over. Meanwhile, the inadequate supply of consumer goods, combined with the lack of worker control of the production process and the absence of independent unions, engendered a sense of apathy among Cuban workers. The lack of transparency in decision making, not to mention the inaccurate economic information coming from a lower management class fearful of reprisals for reporting bad news, produced bad planning and waste, often aggravated by Fidel Castro’s capricious interventions and micromanagement.

In one telling case, he tried to introduce a new breed of cattle, the F1 hybrid, against the advice of British experts that he himself had brought to Cuba. The project wasted millions of dollars.

New Targets

In 1968, Castro shifted the repression already being deployed on his government’s enemies (even critics from the pro-revolutionary left). First, the government eliminated some of the most excessive forms of punishment, closing, for example, the UMAP agricultural labor camps. Second, government policing efforts zeroed in on any political and cultural expression that deviated from the official party line.

A case in point was the old Communist leader Aníbal Escalante. In 1962, he was purged from the government and party and then jailed for his sectarian attempt to accumulate power by excluding revolutionaries who did not belong to the old pro-Moscow Communist Party from government positions. In 1968, he was again purged and jailed, this time on charges of having formed a “micro-faction” within the Cuban Communist Party critical of Castro’s economic policies. He was also accused of meeting with Eastern European diplomats in order to gain their support. For Fidel — and his brother Raúl, assigned to officially charge Escalante — this “micro-faction” jeopardized their efforts to impose a single line in the party.

The affair demonstrates the disproportion between the supposed offense and the punishment. Not only were many of Escalante’s criticisms of Castro’s economic policies correct — especially with regard to the disastrous ten million ton sugar-crop campaign — but no evidence ever indicated that Escalante and his small group were conspiring to remove or overthrow the Cuban government with or without the support of Eastern European diplomats. The group may have been “unpatriotic,” as the government charged, but its activities were peaceful and therefore subject to public political debate. Instead, the regime, following the Stalinist tradition, turned it into a criminal case.

Castro had thirty-five of the thirty-seven members of Escalante’s group tried by a so-called War Council (Consejo de Guerra), which the government assembled specially to impose stiff sentences. Escalante was sentenced to fifteen years in prison, and thirty-four of his associates were sentenced to terms ranging from one to twelve years. The two remaining members belonged to the armed forces and were therefore referred to the Revolutionary Armed Forces’ prosecutor for processing.

By adopting these separate paths, the government implicitly recognized most of Escalante’s group as civilians, who were supposed to be processed differently from, and under less onerous rules than, the military. Despite this implicit difference, they faced a War Council, where they earned harsher sentences than they might have received otherwise.

Castro also turned his attention to Cuban dissenters in the cultural realm. In January, 1968, the government opened the Havana Cultural Congress, inviting more than five hundred intellectuals from seventy countries to attend, including prominent left-wing social scientists and historians such as Ralph Miliband and E. J. Hobsbawm, well-known Caribbean and Latin American literary figures like Aimé Cesaire, Julio Cortázar, and Mario Benedetti, famous European writers such as Michel Leiris, Jorge Semprún, and Arnold Wesker, as well as left-wing politicos such as several leaders of the North American SDS and SNCC. The congress, which focused on the topic of political, economic, and cultural anti-imperialism, was ostensibly carried out in an open manner. According to independent observers, all the presentations and resolutions that participants proposed were included without any interference.

Thanks to this apparent openness, neither the foreign guests nor many of the invited Cuban intellectuals suspected that an important group of black Cuban intellectuals and artists — among them Rogelio Martínez Furé, Nancy Morejón, Sara Gómez, Pedro Pérez-Sarduy, Nicolás Guillén Landrián, and Walterio Carbonell — had been excluded.

According to the Black Cuban author Carlos Moore, the group had been meeting to discuss the Cuban government’s lack of action against racism, a problem that the revolutionary leaders claimed to have solved with the abolition of racial segregation in the early sixties. In response to a rumor that these intellectuals had drafted a position paper on race and culture in Cuba for the congress, Minister of Education José Llanusa Gobel called them in for a private meeting a couple of days before the event began. After listening to their critiques, Llanusa accused them of being “seditious” and told them that the “revolution” would not allow them to “divide” the Cuban people along racial lines. He explained that the very idea of their “black manifesto” was a provocation for which they would have to recant or face the consequences.

He then barred them from the congress. In addition, each member was subjected to various degrees of punishment. The worst was meted to those unwilling to recant, such as Nicolás Guillén Landrián, the nephew of the national poet laureate and then-president of the Cuban writers and artists union. After the congress, he was repeatedly arrested and later left Cuba as an exile.

Walterio Carbonell, one of the group’s leaders, also refused to recant. A Cuban exponent of Black Power politics, he had originally belonged to the old pro-Moscow Cuban Communist Party. Ironically, he had been expelled from that organization for supporting Fidel Castro’s attack on the Moncada barracks on July 26, 1953. After the revolution, he served as Cuba’s ambassador to the Algerian National Liberation Front (FLN). In 1961, he published his Critique: How Cuba’s National Culture Emerged, where he argued that black Cubans had played a major role in the war of independence and the establishment of the republic — a fact that the prerevolutionary white racist culture and institutions had erased. Moreover, he claimed that the black Cuban experience was at the heart of the Cuban Revolution’s radicalism — accordingly, the struggle against racism strengthened rather than weakened the revolution.

Walterio Carbonell

Thanks to these arguments, Carbonell endured various forms of detention between 1968 and 1974, including compulsory labor. According to Lillian Guerra, after he was released in 1974, he continued to defend his ideas, so he was interned in various psychiatric hospitals and subjected to electroshock and drug therapy for another two to three years. After that, Carbonell spent his remaining years as a little-known researcher at the National Library.

Unlike Carbonell’s cases, the repression case of Cuban poet and journalist Heberto Padilla became well known very quickly. In 1968, Padilla won was awarded the National Union of Writers and Artists of Cuba’s (UNEAC) most prestigious prize for his book of poems Fuera del Juego (Outside the Game). But the government objected to Padilla’s critical, nonconformist spirit and condemned the work, forcing UNEAC to change its line on it as well.

Heberto Padilla

Ostracized and unable to publish in Cuba, Padilla was arrested for daring to read several of his new poems in public and trying to publish a new novel. He was compelled to confess, in Stalinist fashion, his political sins in 1971. This provoked an international scandal, and a large group of well-known intellectuals sympathetic to the Cuban Revolution, such as Jean-Paul Sartre and Julio Cortazar, protested. In response, the regime banned and withdrew from the country’s libraries the works of any Latin American and European intellectual who objected to Padilla’s treatment.

In 1968, the government began using repressive to enforce a monolithic cultural line. This shift created the foundation of what was later called the Quinquenio Gris, the five-year period from 1971 to 1976 in which the Castro regime brutally repressed nonconformist expression. In 1971, the National Congress of Education and Culture viciously attacked gay artists and intellectuals, banned gays from representing Cuba abroad in artistic, political, and diplomatic missions, and branded the Afro-Cuban Abakuá brotherhood a “focus of criminality” and “juvenile delinquency.” Over those five years, the government imposed “parameters” on professionals in the fields of education and culture in order to scrutinize their sexual preferences, religious practices, and relationships with people abroad, among other political and personal issues.

The late Cuban architect Mario Coyula Cowley insisted that the Quinquenio Grishad in fact been the Trinquenio Amargo (the “bitter fifteen years”), because it had really started in the second half of the sixties. The hope that Castro would have supported Czech national self-determination and the upheavals of revolutionary 1968 to chart an independent, more democratic course for the Cuban Revolution was quickly lost.

 

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YOUR MIND IS IN PRISON: CUBA’S WEB OF CONTROL OVER FREE EXPRESSION AND ITS CHILLING EXPRESSION ON EVERYDAY LIFE

Original Document: Amnesty International

Amnesty International, November 27, 2017

TABLE OF CONTENTS

1. INTRODUCTION

2. THE TIP OF THE ICEBERG  

[From Amnesty International’s archives: Cuba’s 50-year campaign against freedom of expression and peaceful assembly]

2.1 THE RIGHTS TO FREEDOM OF EXPRESSION AND ASSOCIATION

2.2 “EVERYTHING IS ILLEGAL”

2.3 HUMAN RIGHTS STANDARDS AND THE APPLICATION OF THE CRIMINAL LAW

3. SILENCE–A CONDITION OF EMPLOYMENT

3.1 HARASSMENT AND WRONGFUL DISMISSALS IN THE STATE SECTOR

3.2 A VICIOUS CYCLE: HARASSMENT IN THE SELF-EMPLOYED SECTOR

3.3 IMPRISONED AND DISCRIMINATED FOR TRYING TO LEAVE THEIR OWN COUNTRY

3.4 LIMITS ON INDEPENDENT TRADE UNION

3.5 THE APPARENT LACK OF EFFECTIVE RECOURSE FOR DISCRIMINATORY DISMISSAL

3.6 DISCRIMINATION IN ACCESS TO AND AT WORK

3.7 FEAR OF RETURNING TO THEIR OWN COUNTRY

4. BELOW THE SURFACE OF THE ICEBERG

4.1 SELF-CENSORSHIP

4.2 THE CHILLING EFFECT

5. RECOMMENDATIONS

TO THE CUBAN GOVERNMENT

TO THE US CONGRESS

INTRODUCTION

The past few years have been a bitter-sweet period for those hoping for the Cuban authorities to relax their iron grip on people’s right to freedom of expression and assembly.

High-profile visits by the International Committee of the Red Cross and Pope Francis in 2015, as well as by the UN Special Rapporteur on trafficking in persons, especially women and children and the UN Independent Expert on human rights and international solidarity in 2017, appeared to herald greater political openness and to offer some hope that Cuba might begin to open itself up to increased international scrutiny by independent human rights monitors. A tourism boom, the expansion of Wi-Fi-internet hotspots, even a first ttime performance by the rock band the Rolling Stones (foreign rock music was deemed subversive in Cuba for decades) were other small signs that Cuba might be releasing its tight control on freedom of expression. The re-establishment of diplomatic relations between Cuba and the USA starting in December 2014, followed by then President Obama’s state visit to Cuba in 2016 also seemed to promise the beginning of an end to the economic embargo which for decades has perpetuated the Cold War rhetoric of “us” and “them” and undermined ordinary Cubans’ enjoyment of economic and social rights.

This optimism makes the jarring reality all the more marked. Hours before President Obama landed in Cuba, dozens of activists and independent journalists were detained. In a joint press conference with the US President, President Raúl Castro continued to flatly deny that there were any “political prisoners” in Cuba.

In contrast, in the past three years, Amnesty International has named 11 prisoners of conscience in Cuba, and there are likely many more. Further, a national human rights organization, not recognized by the Cuban authorities, reported an average of 762 politically motivated and arbitrary detentions a month between 2014 and 2016.

Human rights lawyers from the organization Cubalex were harassed and intimidated, despite having been granted precautionary measures by the Inter-American Commission on Human Rights (IACHR) to protect their lives, personal integrity and activities as human right defenders. In May 2017, at least 12 of its members were granted asylum in the USA after the Cuban authorities threatened to bring criminal charges against them related to a tax investigation. The Committee to Protect Journalists (CPJ) ranked Cuba 10th on its 2015 list of the world’s most censored countries and classified its laws on free speech and press freedom as the most restrictive in the Americas. Amnesty International media remains heavily censored and limited. While an increasing range of autonomous digital media projects has emerged, alternative online news sources operate within a legal limbo that exposes journalists and media workers to the risk of harassment and arbitrary detention. Moreover, their web pages are often blocked by the authorities in Cuba. In early 2017, the expulsion of a journalism student reportedly pushed out of university for being a member of the group Somos, considered a dissident organization by the authorities, received widespread international and independent national media coverage. According to press reports, one of Cuba’s most famous singers, Silvio Rodríguez, called the expulsion an “injustice” and “clumsy and obtuse.”

In June 2017, President Trump’s administration took an almost complete U-turn on US political rhetoric towards Cuba reducing the likelihood that the US Congress will pass legislation to lift the economic embargo on Cuba. Despite the easing of some restrictions by the former Obama administration, which has allowed for increased travel and remittances between the two countries, and annual votes by a majority of UN member states to lift it, the embargo remains in place. Amnesty International has consistently recommended that the US embargo be lifted, based on its negative impact on the economic and social rights of the Cuban population. Meanwhile, a recent poll by the University of Chicago found that many Cubans “feel stuck in the current economic climate.”

Few expect the economy will improve anytime soon and 46% described it as poor or very poor. Cuba’s fragile economy has inevitably been impacted by the ongoing economic and human rights crisis in Venezuela – a provider of significant economic aid to Cuba in recent years. Exceptionally low salaries – the average monthly salary is approximately USD27 a month – are insufficient to cover basic needs. Ordinary Cubans continue to struggle, despite the government’s food ration system, taking additional jobs in the informal sector and receiving remittances from family members living overseas.16 In July 2017, the Secretary General of the Central Union of Cuban Workers (Central de Trabajadores de Cuba, CTC), the country’s only officially recognized trade union, stated in an interview that average salaries are unable to meet workers’ basic needs and create “apathy in work, lack of interest and significant labour migration”, an issue that he said is being evaluated by decision-making bodies.

While many Cubans interviewed for this briefing told Amnesty International that they felt Cuba has made important human rights advances in the provision of free health care and access to education and valued the fact that there is little organized crime in the country, many also described the day-to-day struggle of having to make difficult choices between feeding and clothing their families. People interviewed by Amnesty International said that food rations – which have been progressively reduced – are insufficient to last the month. And while education is free, many Cubans find it difficult to buy the things their children need to attend school, such as uniforms, backpacks and other basic supplies. For example, an administrator in a state food factory told Amnesty International she earned USD20 a month at a time when shoes for her child could easily cost USD30. Many people interviewed said they had to break the law to make ends meet. The same administrator also described how one of her job responsibilities was to ensure that workers did not steal bread or other essentials they need to survive.

Former President Fidel Castro’s death in November 2016, and President Raúl Castro’s announcement that he would step down in 2018 continue to fill opinion columns with speculation about Cuba’s future. But while in political quarters and international news rooms Cuba remains a hot topic, tens of thousands of Cubans continue to leave the country. Their individual reasons may vary, but common threads are disillusion with Cuba’s changing international diplomacy, a lack of confidence that salaries will improve18 and scepticism at the idea that a post-Castro administration will do anything to untangle the tight web of control on freedom of expression. Amnesty International’s interviews with Cuban migrants highlight this widespread and profound lack of belief in the prospect of structural change. This briefing examines limitations on freedom of expression that persist in Cuba despite the context of purported political openness, a tourism boom and a changing economic context. It is based on research carried out between December 2016 and September 2017, although Amnesty International´s lack of access to Cuba has posed a significant limitation on providing an analysis of human rights issues in the country. The interviews the organization conducted with Cubans for this briefing have made it possible to identify the impact on a wide range of people of 50 years of serious restrictions on the rights to freedom of expression and peaceful assembly.

The failure of the authorities to respect and ensure these rights has had an impact far beyond the ranks of those directly targeted for their activism or views and seeped into the everyday experiences and hopes of people from all walks of life.

This briefing focuses on those wider influences and on the human rights advances that those affected would want to see. As Cuba prepares for elections in 2018, the diverse Cuban voices at the centre of this research highlight the need for authorities to promote reforms that ensure the respect and protection of human rights, including a review of criminal laws and practices which are inconsistent with international human rights law and standards and that unduly limit freedom of expression. They also underscore the need for the authorities to adhere to international labour standards which Cuba has undertaken to uphold by ratifying International Labour Conventions. The briefing ends with a set of recommendations calling on the authorities to end unjust restrictions not only on those unfairly deprived of their physical freedom, but also on those who feel their minds are imprisoned and their lives stunted because they are deprived of their right to freedom of expression.

CONTINUE READING

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CUBAN ENTREPRENEURS START FIRST PRIVATE BUSINESS GROUP

A handful of entrepreneurs have quietly formed communist Cuba’s first private small business association, testing the government’s willingness to allow Cubans to organize outside the strict bounds of state control.

By ANDREA RODRIGUEZ, Associated Press. June 1, 2017

HAVANA (AP) — A handful of entrepreneurs have quietly formed communist Cuba’s first private small business association, testing the government’s willingness to allow Cubans to organize outside the strict bounds of state control.

More than a half million Cubans officially work in the private sector, with tens, perhaps hundreds, of thousands more working off the books. Cuba’s legal system and centrally planned state economy have changed little since the Cold War, however, and private business people are officially recognized only as “self-employed,” a status with few legal protections and no access to wholesale goods or the ability to import and export.

The government is expected to take an incremental step toward changing that Thursday when Cuba’s National Assembly approves a series of documents updating the country’s economic reform plan and laying out long-term goals through 2030. Those goals include the first official recognition of private enterprise and small- and medium-size businesses, although it could be years before any actual changes are felt on the ground in the country.

The Havana-based Association of Businessmen is trying to move ahead faster, organizing dozens of entrepreneurs into a group that will provide help, advice, training and representation to members of the private sector. The group applied in February for government recognition. While the official deadline for a response has passed, the group has yet to receive either an OK or negative attention from authorities, leaving it in the peculiar status known in Cuba as “alegal” or a-legal, operating unmolested but vulnerable to a crackdown at any time.

“People have approached with a lot of interest but they don’t want to join until we’re officially approved,” said Edilio Hernandez, one of the association’s founders. Trained as a lawyer, Hernandez also works as a self-employed taxi driver.

“Many people really understand that entrepreneurs need a guiding light, someone who helps them,” he said.

Another founder, Rodolfo Marino, has a construction license and has worked privately and under contract to state agencies. He said organizers of the association have gone door-to-door trying to recruit members by convincing them they need independent representation.

The group says roughly 90 entrepreneurs have signed up. Without legal recognition, the group is not yet charging membership fees, the organizers say. Until then, they meet occasionally in Marino’s Havana home to plan their path forward, which includes legal appeals for government recognition.

“We hope to push the country’s economic development forward,” he said.

The number of officially self-employed Cubans has grown by a factor of five, to 535,000 in a country of 11 million, since President Raul Castro launched limited market-based reforms in 2010. The government currently allows 200 types of private work, from language teacher to furniture maker. In reality, many officially self-employed people have become owners of small business, some with dozens of employees and hundreds of thousands of dollars in annual revenue — big number for a country where the monthly state salary is about $25.

Without access to government-controlled imports, exports or wholesale supplies, business owners are emptying the shelves of state stores, either by snapping up items as soon as they arrive or buying them stolen on the black market. That leaves them vulnerable to crackdowns and frequent extortion from state inspectors.

The government has taken a few tentative moves toward easing the situation in recent months — opening stores where owners of some of the country’s 21,000 bed-and-breakfasts and 2,000 private restaurants can buy large quantities of goods, although still at retail prices.

The state has also promised special access to gas and car parts to taxi drivers who comply with widely flouted government caps on fares.

Along with those small steps, the future of the Association of Businessmen is a gauge of Cuba’s openness to private enterprise and its ability to move forward, the group’s founders say.

“We really hope they approve us,” said Hernandez, the lawyer and taxi driver. “If they don’t, we’ll be in the hands of a state that considers us illegal and we won’t be able to reach our goal of representing entrepreneurs. If they do, it will be a sign that things are changing.”

Some Small Enterprises and Entrepreneurs

Photos by Arch Ritter, February 2014

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HUMAN RIGHTS WATCH, 2016 WORLD REPORT 2015: CUBA

Original Report:  World Report 2016,  Cuba

zzzzzzzzzzCuban security personnel detain a member of the Ladies in White group after their weekly anti-government protest march, in Havana, on September 13, 2015.  Human Rights Watch, World Report: Cuba  2016

The Cuban government continues to repress dissent and discourage public criticism. It now relies less on long-term prison sentences to punish its critics, but short-term arbitrary arrests of human rights defenders, independent journalists, and others have increased dramatically in recent years. Other repressive tactics employed by the government include beatings, public acts of shaming, and the termination of employment.

In December 2014, President Barack Obama announced that the United States would ease restrictions on travel and commerce and normalize diplomatic relations with Cuba. In exchange, the Cuban government released 53 political prisoners and committed to allow visits by international human rights monitors. The two governments restored diplomatic relations in July 2015.

Arbitrary Detention and Short-Term Imprisonment

The government continues to rely on arbitrary detentions to harass and intimidate people who exercise their fundamental rights. The Cuban Commission for Human Rights and National Reconciliation, an independent human rights group that the government views as illegal, received more than 6,200 reports of arbitrary detentions from January through October 2015. While this represented a decrease from the number of detentions during the same 10-month period in 2014, it was still significantly higher than the number of yearly detentions prior to 2012.

Security officers virtually never present arrest orders to justify the detention of critics. In some cases, detainees are released after receiving official warnings, which prosecutors can use in subsequent criminal trials to show a pattern of delinquent behavior.  Detention is often used preemptively to prevent people from participating in peaceful marches or meetings to discuss politics. Detainees are often beaten, threatened, and held incommunicado for hours or days. Members of the Ladies in White (Damas de Blanco)—a group founded by the wives, mothers, and daughters of political prisoners and which the government considers illegal—are routinely harassed, roughed up, and detained before or after they attend Sunday mass.

Lazaro Yuri Valle Roca, a blogger and videographer who often covers the Sunday demonstrations of the Ladies in White, wrote that police arbitrarily detained him on June 7 and drove him 30 miles from Havana, where they took him from the car at gunpoint, made him kneel on the grass, and put the gun to his neck, telling him he was “on notice” to stay away from the demonstrations.

The artist Tania Bruguera was arrested on December 30, 2014, hours before her planned performance art piece in Havana’s Revolution Square, in which she was to have invited passersby to walk up to a podium and express themselves at a microphone for one minute. Security officials confiscated her passport and computer. Bruguera was released the following day but was detained and released twice more during the next two days. Cuban dissidents and independent journalists who had planned to attend the event—including Reinaldo Escobar, Eliecer Avila, and Antonio Rodiles—were also arrested on December 30. Bruguera was again detained in May during the 12th Havana Biennial Art Exhibition. She was released the same day.

On August 9, a few days before US Secretary of State John Kerry was to attend a ceremony to mark the opening of the US embassy in Havana, 90 people—including an estimated 50 Ladies in White—were arrested and detained after Sunday mass in the Havana neighborhood of Miramar during a peaceful march against political repression.

During the visit of Pope Francis in September, police detained some 100 to 150 dissidents to prevent them from seeing him. Miriam Leiva, a freelance journalist and blogger and a founder of the Ladies in White, was invited by the Papal Nuncio in Havana to greet the Pope twice, on September 19 and 20, but was detained for several hours each time, preventing her attendance.

Political Prisoners

Despite the release of the 53 political prisoners in conjunction with the agreement to normalize relations with the US, dozens more remain in Cuban prisons, according to local human rights groups. The government prevents independent human rights groups from accessing its prisons, and the groups believe there are additional political prisoners whose cases they cannot document.

Cubans who criticize the government continue to face the threat of criminal prosecution. They do not benefit from due process guarantees, such as the right to fair and public hearings by a competent and impartial tribunal. In practice, courts are subordinated to the executive and legislative branches, denying meaningful judicial independence.

Graffiti artist Danilo Maldonado, known as “El Sexto,” was arrested in December 2014 and charged with “contempt for authority” for attempting to stage a performance involving two pigs painted with the names “Raul” and “Fidel”—a satire of the current and former heads of state. He was released on October 20.

Freedom of Expression

The government controls virtually all media outlets in Cuba and restricts access to outside information, severely limiting the right to freedom of expression.

A small number of journalists and bloggers who are independent of government media manage to write articles for websites or blogs, or publish tweets. However, the government routinely blocks access within Cuba to these websites, and those who publish information considered critical of the government are subject to smear campaigns and arbitrary arrests, as are artists and academics who demand greater freedoms.  Only a fraction of Cubans are able to read independent websites and blogs because of the high cost of, and limited access to, the Internet. In July, Cuba increased Internet access by opening 35 Wi-Fi hot spots in parks and city boulevards nationwide. The US$2-an-hour Wi-Fi connection fee is expensive in a country where the average wage is approximately $20 a month.

Travel Restrictions and Family Separation

Reforms to travel regulations that went into effect in January 2013 eliminated the need for an exit visa to leave the island. Exit visas had previously been used to deny the right to travel to people critical of the government—and to their families. Since then, many people who had previously been denied permission to travel have been able to do so, including human rights defenders and independent bloggers.

Nonetheless, the reforms gave the government broad discretionary powers to restrict the right to travel on the grounds of “defense and national security” or “other reasons of public interest.” Such measures have allowed the authorities to deny exit to people who express dissent. For example, José Daniel Ferrer, the leader of the Patriotic Union of Cuba (Unpacu), was denied the right to travel abroad in August for “reasons of public interest,” authorities said.

The government restricts the movement of citizens within Cuba through a 1997 law known as Decree 217, which is designed to limit migration to Havana. The decree has been used to prevent dissidents from traveling to Havana to attend meetings and to harass dissidents from other parts of Cuba who live there.

Prison Conditions

Prisons are overcrowded. Prisoners are forced to work 12-hour days and punished if they do not meet production quotas, according to former political prisoners. Inmates have no effective complaint mechanism to seek redress, and those who criticize the government or engage in hunger strikes and other forms of protest are subjected to extended solitary confinement, beatings, restrictions on family visits, and denial of medical care.  While the government allowed select members of the foreign press to conduct controlled visits to a handful of prisons in April 2013, it continues to deny international human rights groups and independent Cuban organizations access to its prisons.

Labor Rights

Despite updating its Labor Code in 2014, Cuba continues to violate conventions of the International Labour Organization that it has ratified, specifically regarding freedom of association, collective bargaining, protection of wages and wage payment, and prohibitions on forced labor. While the formation of independent unions is technically allowed by law, in practice Cuba only permits one confederation of state-controlled unions, the Workers’ Central Union of Cuba.

Human Rights Defenders

The Cuban government still refuses to recognize human rights monitoring as a legitimate activity and denies legal status to local human rights groups. Government authorities harass, assault, and imprison human rights defenders who attempt to document abuses.

Key International Actors

In January, a month after announcing plans to normalize diplomatic relations with Cuba, President Obama called on the US Congress to lift the economic embargo of Cuba imposed more than four decades ago. The United Nations General Assembly has repeatedly called on the United States to end the embargo, most recently in October by a vote of 191 to two.

At time of writing, Cuba had yet to allow visits to the island by the International Committee of the Red Cross or by UN human rights monitors, as stipulated in the December 2014 agreement with the US.

The European Union continues to retain its “Common Position on Cuba,” adopted in 1996, which conditions full EU economic cooperation with Cuba on the country’s transition to a pluralist democracy and respect for human rights. After a meeting in April 2014 in Havana, EU and Cuban delegates agreed on establishing a road map for “normalizing” relations. A fifth round of negotiations towards an EU-Cuba Political Dialogue and Cooperation Agreement took place in Havana in September 2015, and a sixth round was scheduled for late November.

In November 2013, Cuba was re-elected to a regional position on the UN Human Rights Council, despite its poor human rights record and consistent efforts to undermine important council work. As a member of the council, Cuba has regularly voted to prevent scrutiny of serious human rights abuses around the world, opposing resolutions spotlighting abuses in North Korea, Syria, Iran, and Ukraine. However, Cuba supported a landmark resolution the council adopted in September 2014 to combat violence and discrimination based on sexual orientation and gender identity.

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HOW GREAT IT IS TO BE ABLE TO “THROW THE RASCALS OUT”!

By Arch Ritter

The people of Canada just changed governments, voting out the Conservatives under Steven Harper and voting in The Liberal Party of Justin Trudeau.  It was a hard-fought campaign, with the Liberals coming from a distant third place and gradually moving to first place by means of great campaigning, good policies, steadily improving leadership and a widespread dissatisfaction with the government of Steven Harper.  The win by the Liberal party represents generational change, the installation of a new team to form the government, new energy and intellectual entrepreneurship, and a new and improved rapport with the Canadian people.

How great it is to be able to “Throw the Rascals Out”!

The results of the election are illustrated graphically below.

“Old Regimes” in time become mired in their sense of entitlement, self-importance, paralytic conservatism, sclerosis, irrelevance, entrepreneurial lethargy, and intellectual exhaustion.

The regime of the Castro dynasty in Cuba continues to block any opening to an authentic pluralistic and participatory democracy. This is most likely largely because it fears that it would be voted out of office and lose its monopoly of political power and the perquisites of power. How nice it must have been for President Fidel Castro and now his brother Raul to know that they would never have to fight a free and fair election and that they would never wake up the next morning out of office and out of power – despite their long series of policy screw-ups.[i]

But whether Raul’s regime likes it or not, an opposition, though tightly or almost totally repressed at this time, will strengthen. Movement towards genuine participatory democracy will only intensify.  Generational change will come.

If Raul Castro were truly interested in the long term health of Cuba – and his own historical “legacy” – he himself would make moves towards such political pluralism. Unfortunately, this is improbable though perhaps not impossible

[i] Recall Fidel, 1970: ” We have cost the people too much in our process of learning. … The learning process of revolutionaries in the field of economic construction is more difficult than we had imagined.” Speech of July 26, 1970, Granma Weekly Review, August 2, 1970

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Human Rights Watch, WORLD REPORT 2015: CUBA, EVENTS OF 2014

Original Available In

HRW 2015The Cuban government continues to repress dissent and discourage public criticism. While in recent years it has relied less on long-term prison sentences to punish its critics, short-term arbitrary arrests of human rights defenders, independent journalists, and other critics have increased dramatically. Other repressive tactics employed by the government include beatings, public acts of shaming, and the termination of employment.

In December 2014, President Barack Obama announced that the United States would normalize diplomatic relations with Cuba and ease restrictions on travel and commerce with the island in exchange for several concessions by the Cuban government, including a commitment to release 53 political prisoners and to allow visits by international human rights monitors.

Arbitrary Detentions and Short-Term Imprisonment

The government continues to rely on arbitrary detention to harass and intimidate individuals who exercise their fundamental rights. The Cuban Commission for Human Rights and National Reconciliation (CCDHRN)—an independent human rights group the government views as illegal—received over 7,188 reports of arbitrary detentions from January through August 2014, a sharp increase from approximately 2,900 in 2013 and 1,100 in 2010 during the same time period.

Security officers virtually never present arrest orders to justify the detention of critics and threaten them with criminal sentences if they continue to participate in “counterrevolutionary” activities. In some cases, detainees are released after receiving official warnings, which prosecutors can then use in subsequent criminal trials to show a pattern of delinquent behavior. Dissidents said these warnings aim to discourage them from participating in activities seen as critical of the government.

Detention is often used preemptively to prevent individuals from participating in peaceful marches or meetings to discuss politics. In the days leading up to the summit meeting of the Community of Latin American and Caribbean States (CELAC), for example, which took place in Havana on January 28 and 29, 2014, at least 40 people were arbitrarily detained, and 5 held under house arrest until the conference had ended, according to the CCDHRN.

Members of the Damas de Blanco (Ladies in White)—a group founded by the wives, mothers, and daughters of political prisoners and which the government considers illegal—are routinely detained before or after they attend Sunday mass. On May 4, for example, more than 80 women were detained before attending mass throughout the island. On July 13, 129 members of the group were detained as they prepared to attend commemorative ceremonies honoring Cubans who died attempting to leave the island in 1994.

Detainees are often beaten, threatened, and held incommunicado for hours and even days. The former political prisoner Guillermo Fariñas, who was placed under house arrest for the duration of the CELAC conference and then arrested when he attempted to leave home, reported suffering two broken ribs and other injuries as a result of a beating he received while in detention. Yilenni Aguilera Santos, a member of the Damas de Blanco movement in Holguín, reported suffering a miscarriage when security agents subjected her to a severe beating after arresting her on her way to mass on June 22.

Political Prisoners

Even after the conditional release of dozens of political prisoners in December 2014, dozens more remain in Cuban prisons according to local human rights groups. These groups estimate that there are more political prisoners whose cases they cannot document because the government prevents independent national or international human rights groups from accessing its prisons.

Cubans who criticize the government continue to face the threat of criminal prosecution. They do not benefit from due process guarantees, such as the right to fair and public hearings by a competent and impartial tribunal. In practice, courts are “subordinated” to the executive and legislative branches, denying meaningful judicial independence.

Freedom of Expression

The government controls all media outlets in Cuba and tightly restricts access to outside information, severely limiting the right to freedom of expression. Only a very small fraction of Cubans are able to read independent websites and blogs because of the high cost of, and limited access to, the Internet. While people in cities like Havana, Santiago de Cuba, or Santa Clara have access to the Internet, people in more rural areas are not able to go online.

A May 2013 government decree directed at expanding Internet access stipulates that the Internet cannot be used for activities that undermine “public security, the integrity, the economy, independence, and national security” of Cuba—broadly worded conditions that could be used against government critics.

A small number of independent journalists and bloggers manage to write articles for websites or blogs, or publish tweets. Yet those who publish information considered critical of the government are sometimes subject to smear campaigns, attacks, and arbitrary arrests, as are artists and academics who demand greater freedoms.

In May 2014, blogger Yoani Sanchez launched the website 14ymedio, Cuba’s first independent online newspaper. Within hours, the site was hacked, and visitors were directed to a page dedicated to scathing criticisms of Sanchez. The site was restored the following day, but blocked again several days later, and has remained inaccessible to Internet users within Cuba ever since.

In May 2013, the director of the government-run Casa de las Americas cultural institute, Roberto Zurbano, published an article in the New York Times highlighting persistent inequality and prejudice affecting Afro-Cubans. He was subsequently attacked in the government-controlled press and demoted to a lesser job at the institute.

Travel Restrictions and Family Separation

Reforms to travel regulations that went into effect in January 2013 eliminate the need for an exit visa to leave the island, which had previously been used to deny the right to travel to people critical of the government and their families. Since then, many people who had been previously denied permission to travel have been able to do so, including human rights defenders and independent bloggers.

Nonetheless, the reform included very broad discretionary powers that allow the government to restrict the right to travel on the grounds of “defense and national security” or “other reasons of public interest,” allowing the authorities to deny exit to people who express dissent. For example, authorities have repeatedly denied Manuel Cuesta Morúa the right to travel abroad since he attempted to organize a parallel summit to the CELAC conference in January 2014.

The government also continues to arbitrarily deny Cubans living abroad the right to visit the island. In August 2013, the Cuban government denied Blanca Reyes, a Damas de Blanco member living in exile in Spain, permission to travel to Cuba to visit her ailing 93-year-old father, who died in October before she could visit him.

The government restricts the movement of citizens within Cuba through a 1997 law known as Decree 217. Designed to limit migration to Havana, the decree requires that Cubans obtain government permission before moving to the country’s capital. It is often used to prevent dissidents from traveling there to attend meetings and to harass dissidents from other parts of Cuba who live in the capital.

Prison Conditions

Prisons are overcrowded, and unhygienic and unhealthy conditions lead to extensive malnutrition and illness. Prisoners are forced to work 12-hour days and punished if they do not meet production quotas, according to former political prisoners. Inmates have no effective complaint mechanism to seek redress, and those who criticize the government, or engage in hunger strikes and other forms of protest, are subjected to extended solitary confinement, beatings, restrictions on family visits, and denial of medical care.

While the government allowed select members of the foreign press to conduct controlled visits to a handful of prisons in April 2013, it continues to deny international human rights groups and independent Cuban organizations access to its prisons.

Human Rights Defenders

The Cuban government still refuses to recognize human rights monitoring as a legitimate activity and denies legal status to local human rights groups. Meanwhile, government authorities harass, assault, and imprison human rights defenders who attempt to document abuses.

Key International Actors

President Obama announced in December 2014 that the US government would normalize diplomatic relations with Cuba and ease restrictions on travel and commerce with the island. In exchange, the Cuban government committed itself to—among other things— releasing 53 political prisoners and allowing visits to the island by the International Committee of the Red Cross and UN human rights monitors.

President Obama also called on the US Congress to lift the economic embargo on Cuba. For more than half a century, the embargo has  imposed indiscriminate hardship on the Cuban people and has done nothing to improve the country’s human rights record. The UN General Assembly has repeatedly called for an end to the US embargo on Cuba. In October 2014, 188 of the 192 member countries voted for a resolution condemning the embargo.

The European Union (EU) continues to retain its “Common Position” on Cuba, adopted in 1996, which conditions full EU economic cooperation with Cuba on the country’s transition to a pluralist democracy and respect for human rights. However, after a meeting in April 2014 in Havana, European Union and Cuban delegates agreed on establishing a road map for “normalizing” relations. EU officials indicated that concerns about civil liberties and democratic participation would continue to influence EU policy towards Cuba.

At the Organization of American States General Assembly in June, governments throughout the region called for the attendance of Cuba at the next Summit of the Americas in Panama in 2015.

In November 2013, Cuba was re-elected to a seat on the United Nations Human Rights Council (UNHRC), defeating Uruguay for a regional position despite its poor human rights record and its consistent efforts to undermine important council work. As a UNHRC member, Cuba regularly voted to prevent scrutiny of serious human rights situations around the world, opposing resolutions spotlighting abuses in North Korea, Syria, Iran, Sri Lanka, Belarus, and Ukraine. Cuba, however, supported the landmark resolution on sexual orientation and gender identity adopted by the council in September 2014.

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SHOULD CUBA REMAIN A ONE-PARTY STATE?

By Samuel Farber

Original here: One-Party State?

HAVANA TIMES — In Cuba the one-party state is a very controversial question that few of the left-wing critics of the Cuban regime have been willing to address. What follows is an attempt to explore, from the left, some of the issues around this topic.

In the first place, the abolition of the Cuban one-party state is one thing, separate and apart from the political system that would replace it, whether without or with many political parties. In reality the Cuban Communist Party (PCC, its Spanish acronym) is not a party – which would imply the existence of other parties – but the organ that monopolizes the political, social and economic life of Cuban society. This monopoly – explicitly sanctioned by the Cuban Constitution – is based, among other authoritarian mechanisms, on the control of Cuban society through the so-called mass organizations that function as transmission belts for the decisions taken by the PCC. For example, the CTC, the official trade union central, is the transmission belt that allows the Cuban state to maintain its monopoly of the organization of Cuban workers. Many left critics of the Cuban regime will agree that workers (and all other Cubans) should have the right to organize themselves independently of the PCC to struggle for their own interests. Taking this notion to its logical conclusion would imply the abolition of the one-party state system, including its control of the mass organizations that function as the transmission belts for the Cuban Communist Party.

Cuba’s dominant system is going through a transformation – likely to accelerate after the historic leaders of the revolution pass away – towards the Sino-Vietnamese model of state capitalism under the direction of the PCC, which means that the need to abolish the one party state system with its transmission belts will remain in effect.

The function of political parties

The modern political parties came into being in the nineteenth century as suffrage expanded. As sections of the ruling class felt increasingly threatened, they organized themselves politically to defend their class interests, typically in conservative, liberal and, sometimes, Christian parties. There have been times when a ruling party represented one whole social class, as was the case of the Tory party in the U.K. in various historical periods. More frequently, however, different parties have represented different sectors of the ruling class. Liberals and conservatives not only represented material conflicts within the ruling classes, as for example the interests of the great landlords against those of the new industrial capitalists, but also ideological conflicts of pre-capitalist origin concerning the power and role of the Catholic Church in society.

Aside from representing different sectors of the ruling classes, these parties also incorporated intermediate sectors of society, such as independent professionals and small businesspeople, and tried to coopt popular expectations and struggles in a manner that would not threaten the fundamental interests of the powerful. In many occasions, the so called middle classes and strata also organized their own political parties especially in parliamentary systems with proportional representation (which historically propitiated the creation of numerous parties.) In Cuban political history, we have the case of the Ortodoxo Party founded by Eduardo Chibás, a party principally based on the middle classes but with a growing multi class support. But the fact that this party implicitly or explicitly accepted Cuban capitalism does not mean that it was an expression or had an organic relationship with the ruling classes.

That means that, historically speaking, the relationship between class and party has not been unequivocal: the ruling class has usually not been a monolith and has generally not been represented by a single party. This has also been certainly the case with the working class, the representation of which has been assumed by such diverse parties as social democrats, communists and social Christians. In the case of the classical social democracy that represented the working class through its close links with the unions, its growing conservative tendencies were not merely ideological but also represented the growth of a union bureaucracy, which based on the power that the unions had acquired, had the possibility of extracting sometimes significant concessions from the ruling classes. These concessions helped to demobilize the workers and solidified a bureaucracy more concerned with protecting its huge investments in the union infrastructure than in risking everything in pursuit of a revolutionary break (like in the Europe of the first postwar period) or in resisting imperialist war making (1914). This was the history of the very powerful and supposedly revolutionary Marxist German Social Democracy, whose bureaucratic-oligarchic model was portrayed by the Italian-German sociologist Roberto Michels in his classic Political Parties.

With respect to the Russian Bolshevik party: although Stalinists as well as Cold War apologists in the Western world held on to the myth that there was no difference between the Bolshevik and Stalinist parties, numerous historians (Stephen Cohen, Alexander Rabinowitch and William Rosenberg among others) have demonstrated that before undergoing the process of bureaucratic degeneration that began with the Civil War that took place from 1918 to 1920, this revolutionary party was in reality quite pluralist and democratic. Among many examples, I can cite the fact that although Bolshevik leaders such as Kamenev and Zinoviev opposed the October Revolution, they continued to be important party leaders after the revolution, and that although Bukharin publicly adopted and agitated for a political line radically opposed to Lenin’s regarding the peace of Brest-Litovsk in 1918, he remained as party leader for many years afterwards. Far from the “monolithic unity” defended by the Castro brothers, the Bolsheviks were characterized not only for the plurality of political positions, but also for a chronic tendency to factionalism that generally did not become an obstacle to “unity in action.”

It is for all these reasons that almost 80 years ago Leon Trotsky in The Revolution Betrayed harshly criticized the Stalinist theory about political parties and social classes that tried to justify the one-party state:

  congreso-machado-fidel-y-raul

 First Vice President Juan Machado Ventura, ex-President Fidel Castro and President Raul Castro at the last Communist Party Congress in April 2011: No end in sight for the CPP – for little while at least.

In reality classes are heterogeneous; they are torn by inner antagonisms, and arrive at the solution of common problems no otherwise than through an inner struggle of tendencies, groups, and parties. It is possible, with certain qualifications, to concede that “a party is part of a class.” But since a class has many “parts” – some look forward and some back – one and the same class may create several parties. For the same reason one party may rest upon parts of different classes. An example of only party corresponding to one class is not to be found on the whole course of political history – provided, of course, you do not take the police appearance for the reality.

With respect to the multi party systems of capitalist societies: there is no doubt that political democracy has seriously deteriorated throughout the world. Political parties are increasingly devoid of content and subject to the demands of the shallowest kinds of political marketing, a process that has been aggravated by the huge costs of political media campaigns, particularly in the U.S., which in turn has closed the access to the big media for nascent movements and candidates who oppose the existing system. Also, parliamentary bodies have been declining, and many of their powers have been taken over by the executive branches, which unscrupulously use the doctrine of state secrets to protect their newly assumed prerogatives. As a result, political apathy, ignorance, and abstention have become prominent features of capitalist democracy. While this is fatal to any notion of democracy built on the participation and control of an active and informed citizenry, is has certainly been convenient and highly functional to a capitalist system that structurally privileges private and corporate economic power at the expense of public regulation and democratic control from below.

After the One-Party State

But let’s suppose that Cuba’s one-party state will be abolished. Whether we want it or not, new parties will develop once repression and the legal and constitutional obstacles against independent party organizations have ceased to exist. Shall we demand then that those new parties are suppressed, or instead of that, shall we engage wholeheartedly in the propaganda and political and ideological agitation against the inevitable neoliberal and reactionary wave that generally has succeeded bureaucratic Communism throughout the world? Those are the circumstances, when we could struggle, for example, for a new Constitutional Convention to publicly debate the critical question of the kind of society that should replace bureaucratic Communism, debates that should include, of course, our arguments in favor of the construction of a socialism based on democracy and liberty. This debate would also be a strategy to prevent the immediate recourse to electoral campaigns and their marketing focused not on political programs but on individuals, many of who are going to be financed, among others, by the rich Cuban-Americans in Miami. To confront this plutocratic possibility, we could, for example, campaign for the exclusively public financing of all electoral activity, including free access to the mass media and distribution of public funds according to the popular backing for each political group.

But let us assume the optimal case – unfortunately very unlikely under the current circumstances – of a broad mass movement replacing the bureaucratic one-party system with a revolutionary and democratic socialism based on the fullest liberties and on worker, peasant and popular self-management. In that case, what would be the meaning of the unity that many Cubans have wished for? To the extent that there are common interests – material as well as ideological and political – we should aim for a unity based on joint political activities and negotiations to form alliances based on shared political interests and principles. But this need not be the “monolithic unity” propagated by Raul Castro and other revolutionary leaders, which has meant censorship and the suppression of different point of view even within the ranks of the revolutionary government. As Rosa Luxemburg put it, freedom is for those who think differently. It is mistaken and dangerous to assume that there will not be important conflict of interests as well as of points of view among the popular classes under a revolutionary and democratic socialism.

There is no reason to think that class conflict exhausts all possible social conflicts, including those based on strictly material questions. For example, one fundamental questions for any society, be it socialist or capitalist, is the rate of accumulation, or in other words, what part of economic production is to be immediately consumed and what part is to be saved to insure the reproduction of society and the improvement of the standard of living. In capitalism this is decided through the decisions of the ruling class within the framework of the market economy that favors and consolidates its power. Under socialism, this decision would affect every social group because it would determine the resources to be available resources for each work and community center. It is to be expected that differences over this question will develop between, for example, those who want to enjoy a better standard of living today and those who are more concerned with the standard of living of future generations. In that case, how would those differences and conflicts be organized into coherent and systematic alternatives so they are decided democratically? That would be the critical function of parties under socialism, educating and agitating in favor of alternative visions of the road that society can or should take.

It is well known that political parties, like many other types of organizations, have shown pronounced bureaucratic and oligarchic tendencies. But there are measures that can be adopted to compensate and fight those tendencies, such as combating the apathy and abstention among the rank and file through democratic debate and the continual practice of real power. An active, informed and involved membership in the affairs of their parties and society is the best guarantee against bureaucratization. There are also organizational measures that can reinforce that participation and control from below, such as mechanisms that assure its local and national democratic control of union and party functionaries, and the maximum transparency with respect to party policies and its internal functioning, aside from its right to remove any leader through party and union referenda. (There are people who have advocated a ban on reelection for union and party leaders. Although this proposal is worth discussing, I believe that it would be counterproductive and possibly undemocratic and in any case would not prevent manipulation on the part of the leaders that have been officially removed.)

I hope that this discussion on the one-party state continues. The topic is too important to ignore it; it is one of the kernels of the thoroughly undemocratic system ruling in Cuba.
—–

*Samuel Farber was born and raised in Cuba and immigrated to the United States before the 1959 Cuban Revolution. He has written many books and articles about Cuba including Cuba Since the Revolution of 1959. A Critical Assessment published by Haymarket Books in 2011

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The Party in Action in the National Assembly

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HUMAN RIGHTS WATCH: WORLD REPORT 2015: CUBA

Original here:  HUMAN RIGHTS WATCH 2015: CUBA

The Cuban government continues to repress dissent and discourage public criticism. While in recent years it has relied less on long-term prison sentences to punish its critics, short-term arbitrary arrests of human rights defenders, independent journalists, and other critics have increased dramatically. Other repressive tactics employed by the government include beatings, public acts of shaming, and the termination of employment.

In December 2014, President Barack Obama announced that the United States would normalize diplomatic relations with Cuba and ease restrictions on travel and commerce with the island in exchange for several concessions by the Cuban government, including a commitment to release 53 political prisoners and to allow visits by international human rights monitors.

Arbitrary Detentions and Short-Term Imprisonment

The government continues to rely on arbitrary detention to harass and intimidate individuals who exercise their fundamental rights. The Cuban Commission for Human Rights and National Reconciliation (CCDHRN)—an independent human rights group the government views as illegal—received over 7,188 reports of arbitrary detentions from January through August 2014, a sharp increase from approximately 2,900 in 2013 and 1,100 in 2010 during the same time period.

Security officers virtually never present arrest orders to justify the detention of critics and threaten them with criminal sentences if they continue to participate in “counterrevolutionary” activities. In some cases, detainees are released after receiving official warnings, which prosecutors can then use in subsequent criminal trials to show a pattern of delinquent behavior. Dissidents said these warnings aim to discourage them from participating in activities seen as critical of the government.

Detention is often used preemptively to prevent individuals from participating in peaceful marches or meetings to discuss politics. In the days leading up to the summit meeting of the Community of Latin American and Caribbean States (CELAC), for example, which took place in Havana on January 28 and 29, 2014, at least 40 people were arbitrarily detained, and 5 held under house arrest until the conference had ended, according to the CCDHRN.

Members of the Damas de Blanco (Ladies in White)—a group founded by the wives, mothers, and daughters of political prisoners and which the government considers illegal—are routinely detained before or after they attend Sunday mass. On May 4, for example, more than 80 women were detained before attending mass throughout the island. On July 13, 129 members of the group were detained as they prepared to attend commemorative ceremonies honoring Cubans who died attempting to leave the island in 1994.

Detainees are often beaten, threatened, and held incommunicado for hours and even days. The former political prisoner Guillermo Fariñas, who was placed under house arrest for the duration of the CELAC conference and then arrested when he attempted to leave home, reported suffering two broken ribs and other injuries as a result of a beating he received while in detention. Yilenni Aguilera Santos, a member of the Damas de Blanco movement in Holguín, reported suffering a miscarriage when security agents subjected her to a severe beating after arresting her on her way to mass on June 22.

Political Prisoners

Even after the conditional release of dozens of political prisoners in December 2014, dozens more remain in Cuban prisons according to local human rights groups. These groups estimate that there are more political prisoners whose cases they cannot document because the government prevents independent national or international human rights groups from accessing its prisons.

Cubans who criticize the government continue to face the threat of criminal prosecution. They do not benefit from due process guarantees, such as the right to fair and public hearings by a competent and impartial tribunal. In practice, courts are “subordinated” to the executive and legislative branches, denying meaningful judicial independence.

Freedom of Expression

The government controls all media outlets in Cuba and tightly restricts access to outside information, severely limiting the right to freedom of expression. Only a very small fraction of Cubans are able to read independent websites and blogs because of the high cost of, and limited access to, the Internet. While people in cities like Havana, Santiago de Cuba, or Santa Clara have access to the Internet, people in more rural areas are not able to go online.

A May 2013 government decree directed at expanding Internet access stipulates that the Internet cannot be used for activities that undermine “public security, the integrity, the economy, independence, and national security” of Cuba—broadly worded conditions that could be used against government critics.

A small number of independent journalists and bloggers manage to write articles for websites or blogs, or publish tweets. Yet those who publish information considered critical of the government are sometimes subject to smear campaigns, attacks, and arbitrary arrests, as are artists and academics who demand greater freedoms.

In May 2014, blogger Yoani Sanchez launched the website 14ymedio, Cuba’s first independent online newspaper. Within hours, the site was hacked, and visitors were directed to a page dedicated to scathing criticisms of Sanchez. The site was restored the following day, but blocked again several days later, and has remained inaccessible to Internet users within Cuba ever since.

In May 2013, the director of the government-run Casa de las Americas cultural institute, Roberto Zurbano, published an article in the New York Times highlighting persistent inequality and prejudice affecting Afro-Cubans. He was subsequently attacked in the government-controlled press and demoted to a lesser job at the institute.

Travel Restrictions and Family Separation

Reforms to travel regulations that went into effect in January 2013 eliminate the need for an exit visa to leave the island, which had previously been used to deny the right to travel to people critical of the government and their families. Since then, many people who had been previously denied permission to travel have been able to do so, including human rights defenders and independent bloggers.

Nonetheless, the reform included very broad discretionary powers that allow the government to restrict the right to travel on the grounds of “defense and national security” or “other reasons of public interest,” allowing the authorities to deny exit to people who express dissent. For example, authorities have repeatedly denied Manuel Cuesta Morúa the right to travel abroad since he attempted to organize a parallel summit to the CELAC conference in January 2014.

The government also continues to arbitrarily deny Cubans living abroad the right to visit the island. In August 2013, the Cuban government denied Blanca Reyes, a Damas de Blanco member living in exile in Spain, permission to travel to Cuba to visit her ailing 93-year-old father, who died in October before she could visit him.

The government restricts the movement of citizens within Cuba through a 1997 law known as Decree 217. Designed to limit migration to Havana, the decree requires that Cubans obtain government permission before moving to the country’s capital. It is often used to prevent dissidents from traveling there to attend meetings and to harass dissidents from other parts of Cuba who live in the capital.

Prison Conditions

Prisons are overcrowded, and unhygienic and unhealthy conditions lead to extensive malnutrition and illness. Prisoners are forced to work 12-hour days and punished if they do not meet production quotas, according to former political prisoners. Inmates have no effective complaint mechanism to seek redress, and those who criticize the government, or engage in hunger strikes and other forms of protest, are subjected to extended solitary confinement, beatings, restrictions on family visits, and denial of medical care.

While the government allowed select members of the foreign press to conduct controlled visits to a handful of prisons in April 2013, it continues to deny international human rights groups and independent Cuban organizations access to its prisons.

Human Rights Defenders

The Cuban government still refuses to recognize human rights monitoring as a legitimate activity and denies legal status to local human rights groups. Meanwhile, government authorities harass, assault, and imprison human rights defenders who attempt to document abuses.

Key International Actors

President Obama announced in December 2014 that the US government would normalize diplomatic relations with Cuba and ease restrictions on travel and commerce with the island. In exchange, the Cuban government committed itself to—among other things— releasing 53 political prisoners and allowing visits to the island by the International Committee of the Red Cross and UN human rights monitors.

President Obama also called on the US Congress to lift the economic embargo on Cuba. For more than half a century, the embargo has imposed indiscriminate hardship on the Cuban people and has done nothing to improve the country’s human rights record. The UN General Assembly has repeatedly called for an end to the US embargo on Cuba. In October 2014, 188 of the 192 member countries voted for a resolution condemning the embargo.

The European Union (EU) continues to retain its “Common Position” on Cuba, adopted in 1996, which conditions full EU economic cooperation with Cuba on the country’s transition to a pluralist democracy and respect for human rights. However, after a meeting in April 2014 in Havana, European Union and Cuban delegates agreed on establishing a road map for “normalizing” relations. EU officials indicated that concerns about civil liberties and democratic participation would continue to influence EU policy towards Cuba.

At the Organization of American States General Assembly in June, governments throughout the region called for the attendance of Cuba at the next Summit of the Americas in Panama in 2015.

In November 2013, Cuba was re-elected to a seat on the United Nations Human Rights Council (UNHRC), defeating Uruguay for a regional position despite its poor human rights record and its consistent efforts to undermine important council work. As a UNHRC member, Cuba regularly voted to prevent scrutiny of serious human rights situations around the world, opposing resolutions spotlighting abuses in North Korea, Syria, Iran, Sri Lanka, Belarus, and Ukraine. Cuba, however, supported the landmark resolution on sexual orientation and gender identity adopted by the council in September 2014.

The text of the online 2015 World Report Cuba chapter has been updated from the print version to take into account events in late 2014.

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Cuban security personnel detain a member of the Ladies in White group during a protest on International Human Rights Day, in Havana on December 10, 2014. © 2014 Reuters na on December 10, 2014. © 2014 Reuters

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Cuban dissidents say police detained more than 150 on Human Rights Day

BY JUAN O. TAMAYO Miami Herald, Wednesday, 12.11.13

Cuban police carried out more than 150 detentions of dissidents Tuesday on International Human Rights Day and followed up Wednesday by carting off the founder of a group that was holding a rare human rights congress, according to activists in Havana.

Antonio Rodiles, founder of the group Estado de SATS, was taken away by police Wednesday around 11 a.m. as he watched a group of children write graffiti on the sidewalk in front of his home, activist Elizardo Sanchez Santa Cruz said.  Dissident blogger Regina Coyula, who was in Rodiles’ house participating in the First Congress for Human Rights, told reporters that Rodiles was detained when he intervened with police who were harassing his girlfriend for taking photos of the children.

Yohandry Fontana, a pro-government blogger widely believed to be a State Security official, tweeted Wednesday: “I confirm the detention of Antonio Rodiles for attacking and insulting children.”

Estado de SATS and two other independent groups sponsored the Congress, which started Tuesday on the anniversary of the U.N.’s Universal Declaration on Human Rights and was to end Wednesday night with a musical concert.

Sanchez Santa Cruz, head of the illegal but tolerated Cuban Commission for Human Rights and National Reconciliation, said he had information on more than 150 detentions on Tuesday and was still receiving new reports as of Wednesday evening. All but a handful had been released by Tuesday night after so-called “short-term arbitrary detentions for political motives,” usually designed to intimidate or harass dissidents and keep them from attending opposition gatherings. “That’s not counting the harassment and other acts of vandalism because there was a lot of violence by the forces of repression along the entire country,” Sanchez Santa Cruz said by phone from Havana.

Reports of more detentions were still arriving at his Havana office Wednesday because government security forces shut down the cellular and home phones of several hundred activists for much of Tuesday, he said.

The dissident group Ladies in White said its members alone suffered about 130 detentions as they tried to stage street protests — not tolerated by the government — in downtown Havana and the eastern city of Santiago de Cuba, the country’s second largest city. Others were detained as they tried to reach Rodiles’ home to participate in the two days of panel discussions, video programs and art shows, according to dissidents. Also detained were several members of the Cuban Patriotic Union, an opposition group most active in the eastern part of the island. UNPACU founder Jose Daniel Ferrer said more than 130 UNPACU and Ladies in White members were detained Tuesday in eastern Cuba alone amid a string of protest meetings, marches and distributions of anti-government leaflets and posters.

Several dissidents were injured when government-organized mobs and State Security agents threw rocks at them, Ferrer said. Mob members and police also made off with cameras, cell phones and cash taken from many of the opposition activists.

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A member of Ladies in White is detained by Cuban security before the start of a march marking International Human Rights Day in Havana, Dec. 10, 2013.

 

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